HomeMy WebLinkAbout98-01210
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DIANE SUE BARRICK,
Plaintill'
illr hersclfand on behalf of her minor child CUMBERLAND COUNTY, PENNSYLVANIA
ISAIAH ROBERT WI".LS.
CIVIL ACTION. LAW
v.
NO. ')H. V./O CIVIL TERM
ROBERT BA Y WELLS,
Dcfcndant
PROTECTION FROM ABlISE AND CUSTODY
TEMPORARY PROTECTION ORDER
."
AND NOW, this !J day of March, IWiH, upon prcscntation and considcration of thc
within Pctition, and upon t1nding that thc plaintill', Dianc Suc Barrick, and thc parties' minor child,
Isaiah Robert Wells, now residing at an undiscloscd location Illr thcir protcction and to avoid
further abusc, arc in immcdiatc and prcscnt danger of ahusc Ihllll thc defcndant, Robert Bay
Wells, thc Illllowing Tcmporary Order is cntcred.
1.((It, el/tim'elllelll "gel/cics, hl/lllal/ serl'/("(! agel/cies "IIlI schlllll dis/rids shall 11111 disc/II,\(!
Ihe pl'esm("(! of Ihe pl"illlitf III' Ihe child ill Ihe jl/I'isdidio/l or dtsll'id or .till'/lish ""Y address,
leleptu.l/lc /lilli/her, or "'~)' other dClllOgmphic i/!tiJ/'lllalillll "j,Olll Ihe plailllitf III' child excepl by
.till'Ihel' Order (!l ( 'III/I'!,
The defendf.nt, Robert Bay Wells (SSN 592-07-.1(54)(DOB 07/2H/(9), whose last
known address was Lake Tyler Condominiums, 1454A West Holden Avenue, Orlando, Orange
County, Florida, is hereby enjoined !I'om physically abusing thc plaintill', Diane Sue Barrick, or the
parties' minor child, Isaiah Robert Wells, orli'om placing tlwm in fear of lIbUSl)
The defendant is ordered to stllY lIway th1l11 till' plaintitl's cUlTent residence at lIn
undisclosed location, to which she and the parties' minor children moved to avoid abuse, whieh is
not owncd or leased by the defendant nor has hc ever resided there, and thc delimdant is ordered
to stay away Irom any residence the plaintill' mllY in the t1lture cstablish for herself.
The defendant is ordered to rell'ain iI'om having any direct or indirect contact with the
plllinlin' or the parties' minor children including, but not limited to, telephone and written
communications.
The defendant is ertioined fhlm harassing and stalking the plaintifl~ and from harassing her
rclntives, 01' the parties' minor children.
The delendant is enjoined /I'om entering the plaintill's place of employment and the day
care fllcility of the parties' minor children.
A violation of this Order mllY sllbjerl the defendant to: i) 1I1'I'est under 23 Pa,C.S,
~6113; il) a private criminal ('Olllplllint lindeI' 23 PlI,C.S, ~611J.1; iii) a charge of indirect
criminal contempt lindeI' 23 l'a.C.S. ~6114, pllnishable hy imprisonment lip to six llIonths
lIud a fine 01'$100.00-$1,000.00; lllld iv) civil rontempt lindeI' 23I'a,C.S. ~6114.1.
.,.-4.. ^fIr,l."~' d...+f I1f1l 41,'.v ',Ftu.. ~tt- F6.+~
This Order shall I' 'main in cnCcl until rllIHlili'l(1 ".. IPl'minalf,t1 hy .hl' CQwrl,..llAd II'IA "
e_te~,g~' . dnt~~ (~\~tl~ tlefentldl.llon, wllIlIrlueo"1ih
aet,1fabu.'te (,1 ~u's eRgag8A iR a fl8ttel'R 0r~l ;lIdknk:t I;~k-ofimllll lu Ill!;; pla;lIl;Cr-or
J1u' l'"rti@R1 rnirlor d,ild;-.tstricth R(,LL,l "tVdl~. ~
Temporllry custody of the parties' minor children, Isaiah Robert Wells and Keyanna
Bolivia Wells, is hereby awarded to tlw plaintin~ Diane Sue BalTick.
A nEARING SIIALL DE HELD ON TnlS MATTI<:R ON MARCH ~, 1998,
AT 9: dO JL,M., IN COlIRTROOM NO,~, OF TnE ClIMDERI.AND
COUNTY COl1RTIIOlISF:, 1 COIJRTlIOIJSE SQIJARE, CARLISLE, PF:NNSYI.V ANIA.
The plaintiff may procced without pre-payment of fees pending a flrrther order after the
hellring.
The Cumberland County Sherin's Departmcnt shall allempt to make service at the
plaint ill's request and without pre-payment of fees, but service may be accomplished under any
applicable rule of Civill'rocedure.
DIANE SUE BARRICK, IN THE COURT OF COMMON PLEAS or
Plllintilf
for herself and on behalf of her Illinor child CUMBERLAND COUNTY, PENNSYLVANIA
ISAIAH ROBERT WELLS,
CIVil. ACTION . LAW
v.
NO. ()H.
CIVIL TERM
ROBERT BAY WELLS,
Defendanl
PROTECTION FROM ABUSE AND CUSTODY
NOTICE
You have been sued in courl. If you wish to dcfend a!~llinsl thc claims sel forth in the
following pages, you must take action promptly litleI' lhis Pctition. Order and Notice are served,
by appearing pt\rSOnallY or by allorney at the hearing scheduled by the Courland presenting to the
Court your defenses or objections to the c111ims set forth against you. You are warned that if you
fnil to do so the Court may proceed without you, and a judgment may be entered against you by
the Court without f1uther noticc for any money claimed in the Petition or for any other claim or
relief requested by the plaintilf You may lose money or property OJ' other rights important to
you. Any Protection Order ~ranted hy a Court may be considered in any subsequent
domestic relatious proceedings, including custody actions.
flEES ANI) COSTS
If the case goes to hearing and the judge grants a Protection Order, II surchllrge 01'$2500
will be llssessed against you. You mllY lllso 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 plaintitl'.
V.., hm tho ri,ht to b, repre..""d hy ;;;;.".... V"" .."",i""'h" p.p" to "1
lawyer at once, If you do not have a lawyer or cannot alTOI'd one, go to or telephone the
office set forth helow to find out where YOII can get legal help, .
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 1701J
TELEPHONE NUMBER (717) 249.3 166 or TOLL FREI': 1.800..990.9108
FAX (717) 249.2663
AMERICANS WITIII>ISAIJILI"IUS ACT OF 1990
The Court of Common Plells of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about llccessible facilities and
reasonable accommodations llvllilllhle to disllbled individuals having busincss before the court,
please contact our oflice. All llrrangements must be mllde lit least 72 hours prior to llny hearing
or business before the court.
a) On or about December 14, 19[>7, the defendant beat the plaintifl' on three
soparatl' occasions over the course of the day using his fists to punch h'lr r,hout her
head, face, and body and a broom handle to strike her about hcr back, neck, and
legs, and repeatedly threatened to kill her Farly in the allernoon thc dd\mdant
punched the plaintill' in the lace when she demanded to know what hc had done to
the parties' 2..year..old son, Isaiah, who was scrcaming and crying and had a welt in
the lImn ofthc defendant's hand print on his face cxtending from his forehead to
his chin. I.ater in the evening when the dclendant was again assaulting the
plaintill~ CI neighbor telephoned the police for help The police arrived, arrested the
defendant, and took him to prison where he remained lor ,10 days Fearing 11)( her
salety and that of her children, the plaintifr Clnd the children len the home the
following day and sought housing at an undisclosed location for her protection and
the safety of her children until they returned to Pennsylvania in mid-February,
1998. The plaintitl' sustained bruising, swelling, and soreness about her eyes, face,
head, back, legs, and torso as a result of this incident.
b) On or about December II, 1997, the defendant struck the plaintifr in the
head with his fist causing her to tall against the wall and hit her head on the wall,
and he struck her repeatedly with a broom handle about the back of her legs. The
plaintiff sustained bruising, swelling, and soreness about her head and legs as a
result of this incident.
c) In or about November 1997, the ddendant clasped his hands over the
plaintiO's nose and mouth preventing her fhllll breathing.
d) In or about July 1997, the defendant, who was wearing boots, kicked the
plaintifl' between the legs. The plaint in' sustained bruising and soreness about her
genitalia and the insides of her thighs ilS a result ofthis incident.
e) In or about June 1997, the defendant, who was driving the car, struck th,
plaintill' in the face with his list, causing her nose to bleed prol1lsely. The
defendant dwve on, struck the plaintilf a second timc on her nose, continued to
drive, struck her a third time on the nose, and pushcd her out of the \~ar The
parties' 23.month-old son, who witnessed this incident, was traumatized by the
scene. The plaintifl' sustained a broken nose, swelling and soreness about her face,
and bruising about her eyes and nose as a result of this incident
I) In or about February 1997, the defendant shoved the plaintill' from behind
causing her to fall face.down onto the couch, grabbed her head, and pushed her
face into the couch with such t()1'ce that she could not breathe The plaintifl' feared
for her life
g) In or about early July 19%, the defendant struck the plaintitf on the side of
the face with his list The plaintill: who was 8V, months pregnant, sustained
bruising, swelling, and soreness about the len side of her face, bruising about both
her eyes and across her nose, her lell eye was swelled shut, headaches, and vision
problems as a result of this incident The plaintitT' continues to suller headaches,
light headed ness, sharp pains in the head, and vision problems to the present
h) Since approximately January 199\ the defendant has abused the plaintill'in
ways including, but not limited to., shoving, slapping, punching, choking, kicking,
restraining her, throwing her about, beating her with objects such as a broom
handle, and throwing objects at her such as a bottle of beer, bottle, ashtray, and lit
cigarettes. The defendant has also !(lI'ced the plaintifl' to engage in sexual acts
against her will, has threatened to kill her numerous tim\ls, and has threatened to
split her head wide-open, and to hit her in the tilce so hard that it would drive her
nasal cartilage into her brain which the plaintiff knew could result in her death.
In addition, the defendant abused the parties' now 2.year.old son, Isaiah, in
ways including, but not limited to grabbing the child by his arm, dragging him,
spanking him ma:essively hard, punching the child in the chest 2..1 times a week,
throwing him onto the bcd, and yelling at the child cilusing him to cry, scream and
cower in fear of" the dclendant.
5. On or about December IS, 1997, the plaintiff and her two minor children lell their
residence at Lake Tyler Condominiums, 1454^ West IIolden ^venul~, Orlando, Orange County,
Florida, in order to avoid !llrther abuse and sought sate housing at undisclosed locations in Flor ida
and Pennsylvania fCilring for her life and for the safety of" her children if" they would have contact
with the defendant.
6. The plaintill' believes and theref"ore avers that she and her minor child, Isaiah
Robert Wells, are in immediate and present danger of" abuse n'omthe defendant and that they are
in need of protection from slwh abuse.
7. The plaintiff desires that the defendant be prohibited fI'om having any direct or
indirect contact with the plaintiJl' or the minor children including, but not limited to, telephone and
written communications.
8. The plaintitl'dcsircs that the defendant be enjoined f)'om harassing and stalking the
plaintitl; and from harassing her rciatives, or the minor children.
9. The plaintitl'desires that the defendant be restrained from entering her place of
employment and the day care facility of"the minor children.
n. EXCI,L/SIVE POSSESSION
10. The residence from which the plaintilf is asking the Court to order the defendant to
stay away Irom cannot be revealed because the names will dh;c1ose her whereabouts which must
be kept confidential for her protection The plaintiff is not seeking the eviction of the deflmdant
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15. The plaintiff does not know 01' any person not a party to this action who has
physical custody 01' the children or claims to have custody or visitation rights with respect to the
children
16. The best interests and permanent welfare 01' the minor children will be met if
custody is temporarily granted to the plaintill' pending a hearing in this matter 1'01' reasons
including:
a) The plainti!f has provided !ll!' the emotional and physical
needs of the children since their births and is a responsible parent
who can best take care of the minor children.
b) The defendant has shown by his abuse of the plaintiff and
the parties' minor child, Isaiah Roberts Wells, that he is not an
appropriatl1 role model for the lIlinor children.
e) The defendant's behavior has adversely alTected the
children
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October
7,1976,23 PS. *6101 e.t.li\m, as amended, the plaintilfprays this Honorable Court to grant the
following relief:
A, Grant a TemJlorary Order pursllant to the "Protection from Abuse
Act:"
I. Ordering the defendant to rell'ain from abusing the plnintiff or the
minor child, haiah Robert Wells, Of' Ihlm placing them in fenr ofnbuse.
2. Ordering the defendant to rell'ain Ih)(l1 having any direct or indirect
contact with the plaintitl. or the parties' minor children including, but not
limited to, tell1phone and written communications.
3. Ordering the defendant to rell'ain 11"<)(11 harassing and stalking the
plaintilTand 11"<1I11 harassing her relatives and the parties' minor children.
4. Prohibiting the defendant 1I'(lI1l entl'ring the plaint ill's place of
employment and the day carc facility of the parties' minor children.
5. Ordering the defendant 10 slay away lI'om the plaintifl's current
residence which is an undisclosed location which the parties have never
shared, and from any residence the plaintill" may in the future establish for
herscl f
6. Granting temporary custody of the parties' minor children, Isaiah
Rohert Wells and Keyanna Bolivia Wells, to the plaintiff.
8, Schedulc II heariug iu accordllnce with the provisions of the
"Protection from Ahuse Act," lind, aftcr such hearing, enter an order to be in elTect for a
period of one year:
I. Ordering the defendant to rell'ain lhlm ahusing the plaintit1' or the
parties' minor child, Isaiah Rohert Wells, or lI'Om placing them in fear of
abuse.
2. Ordering the defendant to refrain f)'om having any direct or indirect
contact with the plaintiff or the parties' minor children including, but not
limited to, telephone and written conu11unications
l Ordering the defendant to retl'ain f)'om harassing and stalking the
plaintill' and li'om harassing her rellltives and the parties' minor children.
4. Prohibiting the defendant lhllll entering the plaintitfs place of
employment and the day care lildlity of the parties' minor children.
5. Ordering the delendant to stay aWIlY from the plaintiffs current
residence at an undisclosed location which the parties have never shared,
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DIANE SUE BARRICK, IN TlIIi COURT OF COMMON PLEAS OF
Plainti!f
for her~c1f and on behall" of her minm child: CUMBERLAND COUNTY, PENNSYLVANIA
ISAIAH ROBERT WELLS,
. CIVIL ACTION. LA W
v.
ROBERT BAY WELLS,
Delendant
NO. 98.1210 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
The plaintitl~ Diane Sue Barrick, by and through her allorney, Joan Carey of Legal
Services, Inc, moves the Court 1"01' an Order wntinuing generally the Iwaring in the above-
captioned case on the gl'Ounds that:
I. ^ Temporary Protection Order was issued by this Court on March 5, 1998,
scheduling a hearing t()r Monday, March 16, 1998, al 900 a.m.
2. The Cumberland County Sheritl's Department mailed a certitled copy of the
Temporary Protection Order and Petition for Protection Order to the Orange County Sheriff's
Office in Orlando, Florida, to effect service on the delendant, Robert Bay Wells, whose last
known residence and place of employment were in Orlando, Florida.
J. Legal Services, Inc. stall" telephoned the Judicial Process Department, Civil
Division, of the Orange County Sheritl"l1 Otlice in Orlando, Florida, on March 13, 1998, as to the
status of service on the detendant, and was advised that their ollke had not yet received the
Temporary Protection Order.
4. The plaintiff requests that the hearing be continued generally to alTOI'd the sherilfs
time to attempt service.
5. The plllintifl' requests that the Tempol'llry Protection Order remain in efleet Ihr a
period of one year 01' until flIrt her Order of Court, whichever comes Ilrst:
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"'I : 98-1210 Civil
lComplltlltlme1 Indlor 2 lor .ddillonallllvlc...
_Complete Itemlt 3, 4a, and 4b.
I _Prll'Il your name and addre.. on Ihe ,everae of this 101m 16 thai we Clln Ilium this
CArd 10 you.
_Attach thltlorm 10 lhe Iront ollha maUplece, or on the back lltpace doe' nol
"",mil.
I _Write'Raturn Recslpl Flaquo.ted' on lhe mallplece below lhe at1lcle number.
ti _The Relurn Receipt willthow 10 whom Ihl at1h:te was delivered and the dale
8 doUvlred.
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"3"Jirtlcle Addressed 10:
Robert Bay WeLLs
Lake Tyler Condominiums
1454A West Holden AVe
orlando, FL 32839
5. Recolved By: fPrln' Name)
l 6. Slgnalure: (Addre..ee or Agent)
.I X
PS Form 3811. December 1994
I also wish 10 receive the
following services (lor en
extra fe.): i
1. 0 Addressee's Add,e.s '
2. 0 Reslrlcled Delivery
Consult postmaster fo' 'ee. I
4a. Article Number
z 013 278 772 ~
4b. Service Type I
o Reglstarod ./Cf'certlfled III
o Express Mall 0 Insured '~
o Retum Reoelpllor Merchandl.. ~~ It
7. Date of OaUvery .j::
I
ii:7id'ifr8seeo'. Addr... (Only II r.quested 1
an,"e. Is paid) ~
Domestic Return Receipt
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DIANE SUE BARRICK, IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor child: CUMBERLAND COUNTY, PENNSYL V ANlA
ISAIAH ROBERT WELLS,
CIVIL ACTION - LAW
v,
NO. 98-1210 CIVIL TERM
ROBERT BAY WELLS,
Defendant
PROTECTION FROM ABUSE AND CUSTODY ,
MOTION FOR CONTINlJANC~
'I
The plaintiff, Diane Sue Barrick, by and through her attorney, Joan Carey of Legal
Services, Inc., moves the Court for an Order continuing generally the hearing in the above-
captioned case on the grounds that:
1. A Temporary Protection Order was issued by this Court on March 5, 1998,
scheduling a hearing for Monday, March 16, 1998, at 9:00 a.m.
2. The Cumberland County Sheriffs Department mailed a r.ertified copy of the
Temporary Protection Order and Petition for Protection Order to the Orange County Sheriffs
Office in Orlando, Florida, to effect service on the dettmdant, Robel1 Bay Wells, whose last
known residence and place of employment were in Orlando, Florida.
1 Legal Services, Inc. statf telephoned the Judicial Process Department, Civil
Division, of the Orange County Sheriff's Office in Orlando, Florida, on March 13, 1998, as to the
status of service on the defendant, and was advised that their otlice had not yet received the
Temporary Protection Order.
4. The plaintiff requests that the hearing be continued generally to afford the sheritfs
time to attempt service.
5. The plaintiff requests that the Temporary Protection Order remain in effect tor a
period of one year or until filrther Order of Court, whichever comes first.
\
INSTRUCTIONS TO THE DEFENDANT
As you know, the plaintiff has filed a legal action against you under the Protection
From Abuse Act and has obtaIned a Temporary Protection Order. The plaintiff Is prepared
to have a hearing held in order to obtain a final Protection Order effective for one (1) year.
As an alternative, you may consent to the entry of the final Protection Order to be in
effect for olle year. If YOII are willillg to consent you should call Legal Services, 101:, in
Carlisle at 243-9400, 766-8475 from the West Shore or 530-5866 fmID Shippensburg, and ask
to speak to the staff person handling the CItBe about a Collsent Agreement.
The Consent Agreement should be prepared before the time scheduled for the hearing
so the Court will know ahead of time that the case will not be contested, In some CaSf)S,
regardless of whether a settlement by Consent Agreement has been reached, the parties
must appeal' in court at the time scheduled for hearing. If the case is uncontested, the
court appearance will be brief, The judge will make sure the parties understllllll the
Consent Agreement and final Protection Order.
If you do 1I0t agree to thfl entry of the final Protection Order, a contested hearing will
take place at the scheduled time. When a final Protection order is entered, it will be sent or
given to you, the plaintiff, and the appropriate police departments. If you fail to abide by
the terms of the final Protection Order you will be subject to immediate arrest, and a fine of
$100.00 to $1,000.00 and/or a jail sentence of up to six months and other rellef.
f'F.ES 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 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
..;'........_-""'~'"",_.~-
DIANE SUE BARRICK,
Plaintiff
for herself and on behalf of hcr minor child: : CUMBERLAND COUNTY, PENNSYLVANIA
ISAIAH ROBERT WELLS,
v.
CIVIL ACTION - LAW
NO.98- /d-10 . CIVIL TERM
ROBERT BAY WELLS,
Defendant
PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
AND NOW, this ~ day of March, 1998, upon presentation and consideration of the
within Petition, and upon finding that the plaintiff, Diane Sue Barrick, and the parties' minor child,
Isaiah Robert Wells, now residing at an undisclosed location for their protection and to avoid
further abuse, are in immediate and present danger of abuse from the defendant, Robert Bay
Wells, the following Temporary Order is entered.
l.aw ellforcement agellcles, hllmall sen'lce agellcles alld sr.hool districts shallllot disclose
the presellce of the plaintiff or the child ill the jurisdlctioll or district or furnish any address,
telepholle Immher, or allY other demographic illformatioll aholll the plallltif! or child except by
fllrther Order of COllrt.
The defendant, Robert Bay Wells (SSN: 592-07-3654)(DOB: 07/28/69), whose last
known address was Lake Tyler Condominiums, 1454A West Holden Avenue, Orlando, Orange
County, Florida, is hereby enjoined from physically abusing the plaintiff, Diane Sue Barrick, or the
parties' minor child, Isaiah Robert Wells, or from placing them in fear of abuse.
The defendant is ordered to stay away from the plaintiff's current residence at an
undisclosed location, to which she and the parties' minor children moved to avoid abuse, which is
not owned or leased by the defendant nor has he ever resided there, and the defendant is ordered
to stay away from any 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 or the parties' minor children including, but not limited to, telephone and written
communications.
The defendant is enjoined from harassing and stalking the plaintiff, and from harassing her
relatives, or the parties' minor children.
The defendant is enjoined from entering the plaintiff's place of employment and the day
care facility of the parties' minor children.
A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S.
06113; ii) a private criminal complaint under 23 Pa.C,S. fi6113.1; iii) a charge of indirect
criminal contempt under 23 Pa,C,S, fi6114, punishable by imprisonment up to six months
and a fine of $100,00-$1,000.00; and iv) civil f.ontempt nndcr 23 Pa.C.S. 06114,t. t /)-tJ...,
;;tILL. -Iu"";""i!' cL".tu ..A,,;~";><AlI'L' 4<.- 1)41- J
This Order shall remain in effect untill1l11lliHed 01 t~dh;Jl..I,d by the C~'-'OllI1"be
-"""~ _"-t<.th.J..aJ...t';\ ~Jiuv 6;h'{cv c-6ft~.", Q"..uc:l .
elItlnded beyond-ils oR!!inlli-""pi, "doIi1!l1te if the Court findsthat.-tiI4Hlefendant-hlllt-cammittedan
lIet of abuse or bas ~~ in a pattern or praeliee--lhat-indieates-mk.'offlllflft-ro-thll-.plaintilT.{)f
the JlBrtills'-minOfcliild;-tmah.Robert Wells.
Temporary custody of the parties' minor children, Isaiah Robert Wells and Keyanna
Bolivia Wells, is hereby awarded to the plaintiff, Diane Sue Barrick.
A HEARING SHALL BE HELD ON THIS MATTER ON MARCH If-) , 1998,
AT q : ^ 6 fI.M" IN COURTROOM NO. --:5:-, OF ll1E CUMBERLAND
COUNTY COURTHOUSE, I COURTHOUSE SQUARE, 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.
DIANE SUE BARRICK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor cWld: : CUMBERLAND COUNTY, PENNSYLVANIA
ISAIAH ROBERT WELLS,
: CIVIL ACTION - LAW
v.
ROBERT BAY WELLS,
Defendant
: NO. 98.___CIVIL TERM
: 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 torth 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 notiee 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 Pmtectlon Order granted by a Court may be considered in any subsequent
domestic relations proceedings, including cllstody actions.
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 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 et Ie al hel .
ClJMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PE.NNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249.3166 or TOLL FREE: 1-800-990-9108
FAX: (717) 249-2663
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to c:omply 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.
,.
DIANE SUE BARRICK, : IN TIlE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor child: : CUMBERLAND COUNTY, PENNSYLVANIA
ISAIAH ROBERT WELLS,
: CIVIL ACTION - LAW
v.
: NO. 98-
CIVIL TERM
ROBERT BAY WELLS,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR PROTECTION ORDER
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE ACT
23 Pa.C.S, ~6101 et seq.
A. ABUSE
I. The plaintiff, Diane Sue Bamck, is temporarily staying at an undisclosed location
for her own prote<.1ion and to avoid further abuse as is more fully set forth herein. This address
will be furnished to the Court upon request.
2. The defendant, Robert Bay Wells (SSN: 592-07-3654)(DOB: 07/28/69), is an
adult individual whose last known address was at Lake Tyler Condominiums, 1454A West
Holden Avenue, Orlando, Orange County, Florida 32 .
3, The defendant is the father of the parties' two minor children, Isaiah Robert Wells
and Keyanna Bolivia Wells.
4. Since approximately January 1995, the defendant has attempted to cause and has
intentionally, knowingly, or recklessly eaused bodily injury to the plaintiff, falsely imprisoned the
plaintiff pursuant to 18 Pa. C.S. * 2903, has placed the plaintiff in reasonable fear of imminent
serious bodily injury, and hilS 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 December 14, 1997, the defendant beat the plaintiff on three
separate occasions over the course of the day using his fists to punch her about her
head, face, and body and a broom handle to strike her about her back. neck. and
legs, and repeatedly threatened to kill her. Early in the afternoon the defendant
punched the plaintiff in the face when she demanded to know what he had done to
the parties' 2-year-old son, Isaiah, who was screaming and crying and had a welt in
the form of the defendant's hand print on his face extending from his forehead to
his chin. Later in the evening when the defendant was again assaulting the
plaintiff, a neighbor telephoned the police for help. The police arrived, arrested the
defendant, and took him to prison where he remained for 30 days, Fearing for her
safety and that of her children, the plaintiff and the children left the home the
following day and sought housing at an undisclosed location for her protection and
the safety of her children until they returned to Pennsylvania in mid-February,
1998. The plaintiff sustained bruising, swelling, and soreness about her eyes, face,
head, back. legs, and torso as a result of this incident.
b) On or about December II, 1997, the defendant struck the plaintiff in the
head with his fist causing her to fall against the wall and hit her head on the wall,
lUId he struck her repeatedly with a broom handle about the back of her legs. The
plaintiff sustained bruising, swelling, and soreness about her head and legs as a
result of this incident.
c) In or about November 1997, the defendant clasped his hands over the
plaintifl's nose and mouth preventing her from breathing.
d) In or about July 1997, the defendant, who was wearing boots, kicked the
plaintiff' between the legs. The plaintiff sustained bruising and soreness about her
genitalia and the insides of her thighs as a result of this incident.
e) In or about June t 997, the defendant, who was driving the car, struck the
plaintiff in the face with his list, causing her nose to bleed profusely, The
defendant drove on, struek the plaintiff a second time on her nose, continued to
drive, struck her a third time on the nose, and pushed her out of the car. The
parties' 2J-month.old son, who witnessed this incident, was traumatized by the
scene. The plaintiff sustained a broken nose, sweUing and soreness about her face,
and bruising about her eyes and nose as a result of this incident.
1) [n or about February 1997, the defendant shoved the plaintiff from behind
causing her to fall face-down onto the couch, grabbed her head, and pushed her
face into the cOllch with slIeh force that she could not breathe. The plaintiff feared
for her life,
g) In or about early July 19\15, the defendant struck the plaintiff on the side of
the face with his list. The plaintiff, who was 81h months pregnant, sustained
bruising, sweUing, and soreness about the left side of her face, bruising about both
her eyes and across her nose, her left eye was swelled shut, headaches, and vision
problems as a result of this incident. The plaintiff r.ontinues to suffer headaches,
light headedness, sharp pains in the head, and vision problems to the present.
h) Since approximately January 1995, the defendant has abused the plaintiff in
ways including, but not limited to, shoving, slapping, punching, ehoking, kicking,
restraining her, throwing her about, beating her with objects such as a broom
handle, and throwing objects at her such as a bottle of beer, bottle, ashtray, and lit
cigarettes. The defendant has also forced the plaintiff to engage in sexual acts
against her will, has threatened to kill her numerous times, and has threatened to
split her head wide-open, and to hit her in the face so hard that it would drive her
nasal cartilage into her brain which the plaintiff knew could result in her death.
In addition, the defendant abused the parties' now 2.year-old son, Isaiah, in
ways including, but not limited to grabbing the child by his arm, dragging him,
spanking him excessively hard, punching the child in the chest 2..3 times a week,
throwing him onto the bed, and yelling at the child causing him to cry, scream and
cower in fear of the defendant.
S. On or about December 15, 1997, the plaintiff and her two minor children left their
residence at Lake Tyler Condominiums, 1454A West Holden Avenue, Orlando, Orange County,
Florida, in order to avoid further abuse and sought safe housing at undisclosed locations in Florida
and Pennsylvania fearing for her life and for the safety of her children if they would have contact
with the defendant.
6. The plaintiff believes and therefore avers that she and her minor child, Isaiah
Robert Wells, are in immediate and present danger of abuse from the defendant and that they are
in need of protection from such abuse.
7. The plaintiff desires that the defendant be prohibited from having any direct or
indirect contact with the plaintiff or the minor children including, but not limited to, telephone and
written communications.
8. The plaintiff desires that the defendant be enjoined from harassing and stalking the
plaintiff, and from harassing her relatives, or the minor children.
9. The plaintiff desires that the defendant be restrained from entering her place of
employment and the day care facility of the minor children.
B. EXCLUSIVE POSSESSION
10. The residenee from which the plaintift'is asking the Court to order the defendant to
stay away from cannot be revealed because the names will disclose her whereabouts which must
be kept eonfidential for her protection. The plaintiff is not seeking the eviction of the defendant
&m
Plaintiff and defendant
Address
Lake Tyler Condominiums
1454A West Holden Avenue
Orlando, FL
J.lIW
October, 1991
to December IS, 1991
Plaintiff and defendant
Coalition for the Homeless of Central FL
Orlando, FL
August IS, 1991
to October, 1991
Plaintiff and defendant
1501 North 2nd Street
Harrisburg., P A
October, 1996
to August 14, 1997
Plaintiff and defendant
39 East Louther Street
Carlisle, PA
July 31,1995
to October, 1996
l1te plaintiff, the mother of the children, is Diane Sue Barrick, temporarily residing at an
undisclosed location for her protection and to avoid filrther abuse.
She is divorced.
Infonnation regarding persons with whom the plaintiff resides cannot be provided without
disclosing the plaintiff's location and eompromising her safety, This information will be provided
to the Court upon request.
The defendant, the father of the children, is Robert Bay Wells, whose last known ad.dress
was at Lake Tyler Condominiums, 1454A West Holden Avenue, Orlando, Orange County,
Florida.
He is single.
To the best of the plaintiff's knowledge the defendant currently resides alone.
13, The plaintiff has not previously participated in any litigation ('.onceming custody of
the above mentioned ehildren in this or any other Court.
14. The plaintiff has no knowledge of any custody proceedings conceming these
children pending before a court in this or any other jurisdiction.
~
IS. The plaintiff does not know of any person not a party to this action who has
physical custody of the children or elaims to have custody or visitation rights with respect to the
children.
16. The best interests arId permanent welfare of the minor children will be met if
custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons
including:
a) The plaintiff has provided for the emotional and physical
needs of the children since their births and is a responsible parent
whf) can best take care of the minor children.
b) The defendant has shown by his abuse of the plaintiff and
the parties' minor child, Isaiah Roberts Wells, that he is not an
appropriate role model for the minor children,
c) The defendant's behavior has adversely affected the
children,
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October
7, 1976,23 P.S, ~6101 ~ iell., 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:"
I. Ordering the defendant to refrain from abusing the plnintiff or the
minor child, Isaiah Robert Wells, or flum placing them in fear of abuse.
2. Ordering the defendant to refrain from having any direct or indirect
contact with the plaintiff or the parties' minor children including, but not
limited to, telephone and written eommunications.
" .
",....., ,
, ,.. '~', ... N '"'... . .
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives and the parties' minor children.
4. Prohibiting the defendant from entering the plaintiff's place of
employment and the day care facility of the parties' minor children.
S. Ordering the defendant to stay away from the plaintiff's current
residence which is an undisclosed location which the parties have never
shared, and from any residence the plaintiff may in the IUtUl'e establish for
herself
6. Granting temporary custody of the parties' minor children, Isaiah
Robert Wells and Keyanna Bolivia Wells, 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 efl'ect for a
period of one year:
I. Ordering the defendant to refrain from abusing the plaintiff or the
parties' minor child, Isaiah Robert Wells, or from placing them in fear of
abuse.
2. Ordering the defendant to refrain from having any direct or indirect
contact with the plaintiff or the parties' minor children 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 children.
4. Prohibiting the defendant from entering the plaintiff's place of
employment and the day care facility ofthe parties' minor children,
S, Ordering the defendant to stay away from the plaintiff's current
residence at an undisclosed loeation which the parties have never shared,
. '"".'. . ,. ,.... "'.,, .,.". ".," .
and ordering the defendant to stay away from any residence the plaintiff
may In the future establish for herself,
6. Ordering the defendant to pay $250.00 to Cumberland County, one
of Legal Services, Inc. 's funding sources as 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 filed and served without payment offees and
costs by the plaintiff, pending a further order at the hearing, and that a certified copy of tillS
Petition and Order be delivered to the Pennsylvania State Police and any police department which
has jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and proper.
COUNT II
~USTODY UNDER PENNSYLV ANJA CUSTODY ~
17. The allegations of Count I above are incorporated herein as if fully set forth.
18. The best interest and pennanent welfare of the minor children will be served by
confirming custody in the plaintift'as set forth in Paragraph 16 of the Petition.
WHEREFORE, pursuant to 23 P.S. II 5301 !tl ~e.Q., and other applicable rules and law, the
plaintIff prays this Honorable Court to award custody of the minor children to her.
The plaintiff prays for such other reHefas may be just and proper.
T~@::
an Carey, Attorney Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
- ';)i\ii~'\ql'{~)~)~'~~fi~e~r~~I1:;i~~%~gtl~t.rdl~!i';t1ffij.(W@f:[q!fV,:,~\iW@~~~j~dW~~)I~",\
K, IN TIlE COURT OF COMMON PLEAS OF
I'laintifl'
for herself and on behalfofhcr minor child CUMBERLAND COUNTY, PENNSYI.V ANIA
ISAIAH ROBERT WEI.I,S,
CIVIL ACTION. LAW
v.
NO.9R-1210CIVII.TERM
ROBERT BAY WELLS,
Defendant
PROTECTION FROM ABUSE AND CUSTODY
ORDER FOR CONTINUANCE
AND NOW, this.JJ.Jlt{a~ of May, 1()9R, upon collsidcl'l\lion of the attached Motion for
Continuance, the matter scheduled thr hearing on Friday, May 22, 199R, at 9:00 a. In" by this
Court's Order of Mal'ch 18, 1998, is hercby continucd lo~/s,ef. _A.__., 1998,
at _!l~'!..!_"'.nl
The Tempomry Protcction Ordcr shall rcmain in ellcct t()r a pcriod of one ycar 01 until
further Order of Court, whichcver comes lirs!
A certilied copy of this Order for Continuancc will be providcd to the appropriatc police
departments by the plaintifl's attorney
Edward E. Guido, Judge
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintifl'
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DIANE SUE BARRICK,
Plaintill'
for hcrsclfand on nehalfoflwr minor child ('\ IMIW.RI ,AND CO!INTY, PI:NNSYLV ANIA
ISAIAH ROBERT WELLS,
CIVIL ACTION .I.AW
v.
NO. 98.1210 CIVIl. TERM
ROBERT BAY WELLS,
Defendant
PROTECTION FROM ABUSE AND CUSTODY
ORDER FOR CONTINlJANCE
AND NOW, this _~ day oj" November, I 99l-\, upon consideration of the attached
Motion for Continuance, the malleI' scheduled Il>r hearing on Friday, November 6, 1998, at 9:00
a,m., is hereby continned to December 18, 1998, lit 9:30 n.lIl.
The Temporary Protection Order shall remain in elTect until March 5, \ 999, or until
further Order olTourt, whichever comes III'S!.
A certified copy of this Order for Continuance shall be provided to the appropriate police.
department by Plaintitl's attorney.
....~ -----~-,----.--~
Edward E. Guido, Judge
Joan Curey
LEGAL SERVICES,INC qr
(:.u"-,-" (." S, /1- /). '
Attorney for Plaintifl' v
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DIANE SUE IlARRICK, IN TIlE COURT OF COMMON PLEAS OF
Plaintifl"
for hcrself and on hehalf of hcr minor dllld: CUMAERI.AND COUNTY, I'ENNSYL VANIA
ISAIAH ROBERT WELLS,
CIVIL ACTION. LAW
Y.
NO. 9X,I210 CIVIL TERM
ROBERT BAY WELLS,
Dcfcndant
!'IWIE'IION FROM ABUSE AND CUSTODY
MOTION FOR CONTINlJANCE
Thc Plaint in: Diane Suc Barrick, by and through her allumcy, Juan Carcy of Legal
Services, Inc., moves the Court Ibr an Order continuing thc hearing in the above.captioned case
on the grounds that
I, A Tcmporary Protection Order was issucd by this Court on March 5, 1998,
scheduling a hearing Ibr Monday. March II>, I 9()X, at900 fUll
2. Thc Cumberland County Sherill's Depaliment mailed a certitied copy of the
Temporary Protection Order and Petition for Protection Order by certit1ed mail to Defendant at
his last known residence at I.ake Tylcr Condominiums, 14<;4A West Holden Avcnue, Orlando,
Florida .'1839. The mail was rcturned to thc Sherin's Department on March 31,1998, unopcned
and marked "Unclaimed" (See Exhibit A, incorporated hcrcin hy refercnce) In addition, Legal
Serviccs, Inc. stall' contacted the Orange ('ountv Sheritfs Department in Orlando, Florida, and
was advised that thc last known address their departmcnt had tor Dcfendant was the same Lake
Tyler Condominium address.
3. An Ordcr for Continuancc was entered on March 18, 1998, continuing the hearing
to Muy 22, 1998, at 9:00 fUll. Thc Cumberland County Sherill's Departmcnt mailed a ccrtit1ed
copy of tile Tcmporary Protection Order and Petition for Protcetion Order and the Order for
Continuance by certified mail to Defendant at his last known rcsidencc at Lakc Tyler
Condominiums, 14<;4A West Holden Avenue, Orlando, Florida 32839. The mllil WIIS returned to
Jr'
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Edward E, Guido, Judge
DIANE SUE BARRICK. IN TIlE COURT OF COMMON PLEAS OF
Plaintitl'
for herself and on heha1fnfher minor rhild' Cl IMHFRf ,AND ('01 INTY, PFNNSYI ""NI"
ISAIAH ROBERT WELLS,
CI\'II.\C"J'10N . \.'\ \\'
v.
ROBERT BAY WELLS,
Detcndant
PRO I h( . liON I'ROM ABUSE AND eus \'ODY
ORDER FOR CONTINUANCE
AND NOW, this 1!"'day of December, 1998, upon consideration of the attached
Motion for Continuance, the matter scheduled for hearing on Friday, December 18, 1998, at 9:30
a.m., is hereby continued to Monday, Febwmy 8, 1999, at 3:30 pm.
The Temporary Prote(~tion Order shall remain in efl'ect until March 5, 1999, or until
further Order of Court, whichever COIl\p.s first.
A certified copy of this Order for Continuance shall be provided to the appropriate police
department by Plaintitl's attomey.
.loon Carcy
LEGAL SERVICES, INC.
Attorney for PlaintilT
-- C ".~'IL{V /,yl.(i.rJ:"",{
'''-I1>/I'It
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1
Rubert Bay Wells, Defendant
Lake Tyler Condominiums
1454A West Holdcn Avenue
Orlando, Fl. 12ln<l
"
the Sheritr~ Department on April 14, 1998, unopened and marked "Unclaimed" (See Exhibit 8,
incorporated herein by reference).
4. An Order for Continuance was entered on May 22, 1998, continuing the hearing to
September 2, 1998, at 9:00 a.m. Legal Services, Inc. stalf telephoned Defendant's last known
place of employment, the Marriott !-Iotel and Resort in Orlando, Florida, and was told that no one
by his name was employed there.
S. On September 2, 1998, an Order for Continuance was entered continuing the
hearing to November 6, 1998, at 9:00 a.m. The Plaintiff had no further information as to
Defendant's whereabouts to etTect service other than the addresses listed above which proved
unsuccesslul.
6. On November 9, 1998, an Order for Continuance was entered continuing the
hearing to December 18, 1998, at 9:30 a.m. The Plaintill' had no Ibrther intormation as to
Delendant's whereabouts to etl'ect service other than the addresses listed above. A certified copy
of the Order tor Continuance and Motion lor Continuance was sent to Delendant's last known
address by regular mail. Delendalll has nol colllacted Legal Services, Inc. stall" nor has the mail
sent to him been returned to the ollices of Legal Services, Inc.
7. The Plaintilrrcquesls that the hcaring scheduled for Friday, Deccmber 18,1998, at
9:30 a.m., bc comiilltec, and thatlhc Temporary Pro(Cction Order remain in clrcct until March 5,
1999, or until further Order oCC'ourt, whichever collles nrsl.
8. The attorney Cor PlaintifT \\ill deliver 11 cerlincd copy oCthc Order Cor Continuance
to the appropriate police dcpartmcnt \\hich hasjurisdii.'liont() enforce Ihe Order
WHEREPORE, the Plaintitf requests that the Court grant this Motion and continue this
matter for hearing, and that the Temporal'\' Protection Order remain in effcc.t \lntil March S, 1999,
I.Y,G,\L SF,RVICF,S, INC
8 Irvine Row
Carlisle, I'A 170 I J
(717) 243-9400
or until further Order of Court, whichever comes first.
RespectfullV submitted,
, /'j
.F. ((>1"
"7~::..i.,..-";:L':....C,''--C;;-;.f ,.L.--'-.-"---
-loan Carev. Attornev W Plaintiff
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Holden Avenue, Orlando, Florida 32839. Themail was returned to the Sheriff s Department on April
14, 1998, unopened and marked "Unclaimed" (See Fxhibitll, incorporated herein by reference).
4. An Order fOl' Continuance was entered on May 22, 1998, continuing the hearing to
September 2, 1998, at 9:00 a.m Legal Services, Inc. statl'telephorwd Delendant's last known place
of employment, the Marriott lIotel and Resort in Orlando, Florida, and was told that no one by his
name was employed there
5. On Septembcr 2, 1998, an Order lor Continuance was cntcred continuing the hearing
to November 6, 1998, at 9:00 a.m. The Plaintiff had no further intbrmation as to Defendant's
whereabouts to etl'ect service other than the addresses listed above which proved unsuccessful
6. On November 9, 1998, an Order tIll' Continuance was entered continuing the hearing
to December 18, 1998, at 9:30 a.m. The l'laintill' had no tllrther information as to Defendant's
whereabouts to effect service other than the addresses listed above. A certitied copy of the Order
for Continuance and Motion tor Continuance was sent to Defendant's last known address by regular
mail, Defendant has not contacted Legal Services, Inc. staff' nor has the mail sent to him been
returned to the offices of Legal Services, Inc.
7. On December 30, 1998, an Order tor Continuance was entered continuing the hearing
to February 8, 1999, at 3:30 p.m. The certified copy of the Order for Continuance that was sent by
regular mail to Defendant's last known residence at Lake Tyler Condominiums, 1454A West Holden
Avenue, Orlando, Florida 32839, was returned marked" Attempted Not Known" on January 15, 1999
(see attached Exhibit Il). The Plaintitl" had no further information as to Defendant's whereabouts to
etl'ect service other than the addresses listed above.
8. The Plaintiff requests that the hearing scheduled for February 8, 1999, at 3:30 p.m.,
be continued, and that the Temporary Protection Order wmain in encct until March 5, 1999, or until
filrther Order of Court, whil;hever comes first.
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