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HomeMy WebLinkAbout00-08640 " "~ , . i "..,." ~~ ~ -""'""'11 AMANDA JO SCHLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-8640 CNIL TERM MICHAEL LEE TALBOT, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT M ORDER OF COURT AND NOW, this ~ day of FEBRUARY, 2001 this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. In consideration ofthe attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, MICHAEL LEE TALBOT. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, PJ. Jonathan R. Birbeck Chief Deputy District Attomey ~ ti; ,u. fl. MICHAEL LEE TALBOT " "'"~' 1 'i 11 , I I : : i ,J : j i I :;j 'i I ! :~ ~- "<_ '~, "", ^ ~~' c_' c , ,~'__~ >~ ~,^" ~, , ,< " " (\-' ...!r 01 FEe -7 I" 'r; I: I,ll CUvcw ' ~ rV'~..i-<l.,j1 I, t_, "'- ....'1 "-'1'" /-, PEN"jsyl(;Af.F~UNTY ~- .'~< "-,~ .-, - ...~,~ - ~-~-"~ ~., , , ,.,.~~,__"' "~ __ ~J_~_lii1Wffllf,~~r~:_" ~,l! ,Il!MRI, , ,,,e~iJ.'f,I-Ff#:!~~~'\;f~t"b1f'!:I;Wii%'~~Mj("~~i~~~~--~t!JA!l;,:,' -'1"---;" ~",""o/,~7'''',\; ",.I " ~"~" , AMANDA JO SCHLEY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 00-8640 CIVIL MICHAEL LEE TALBOT, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, ChiefDeputy District Attorney of Cumberland County, Peunsylvania, brings the following Petition for a hearing on charges ofIndirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation ofthis,Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. ~ 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. ~ 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully sub I . """'-~ ~-~ '~~ ^-~, ~ - .~~ ~-~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 09201 Mag, Disl. No,: CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT Address: 1 COURTHOUSE SQ CARLISLE PA 17013 717 240 6564 DEFENDANT: COMMONWEALTH OF PENNSYLVANIA VS. OJ Name: Hon. PAULA P CORREAL ,-elephone: AKA: NAME and ADDRESS MICHAEL LEE TALBOT 99999 999999999999 99999999 PA 17013 0000 00 MICHAEL TALBOT Docket No.: Date Filed: OTN: ,S).~, ~ Registration Number Annual Sticker Number QLN Number SID Number I I R.8.A.: WM 24 D.O.B.: 06 08 I I 2001~~~~~~7 CAR 1976 8.8,#: 207 I 1642UC" N,mbe' 60 7014 Complaint Number Complaint Numbers if other Participants ORINO.: PA0210200 District Attorney's Office _ Approved -Disapproved because: (The District Attorney may, require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing. Pa.R.Cr.P. 107.) When the afllant is not a police ofllcer as detined In Rule 51 (C) and the offense(s) charged lnclude(s) a misdemeanor or felony which does not involve a clear and present danger to any person or the community, the complaint shall be submitted to the attorney for the Commonwealth, who shaU approve or disapprove without unreasonable delay). (Issue Date} (signature) I, (Nameo,AOla",) PO JOHN H HAGGERTY BADGE 24 of CARLISLE PD residing at 53 WEST SOUTH ST CARLISLE PA 17013 do hereby state: (check appropriate area) 1. ...x I accuse the above named defendant, who lives at the address set forth above or, _ I accuse an individual whose name is unknown to me but who is described as _ I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating th!t12enallaws of the Commonwealth of Pennsylvania at: CARLISLE 152 K'" CHAPEL AV CARLISLE (Placa-Pol"'caIS'bdMs'oo) in (County) CUMBERLAND on or about 02 02 2001 1701 HRS Participants were: (if there were participants place their names here, repeating name of above defendant) 2. The acts committed by the accused were: (Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither the evidence nor the statute aUegedly violated need be cited, nor shaU a citation of the statute aUegedly violated, by Itself, be sufllclenf. In a summary case, set forth a citation of the specific section and sub-section of the statute or ordinance aUegedly violated). ** INDIRECT CRIMINAL CONTEMPT - CSA1990 CTS 1 THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER NUMBER 00-8640 THE ORDER WAS SIGNED BY THE HONORABLE GEORGE H HOFFER THE ORDER WAS DATED DECEMBER 26TH 2000 Copy: District Justice Defendant Return of Service Police 4/97wp _4'.lr~" - ~ -, " - I j~~-~ ~~ '~~" "-~' , IOOrl",.,&,!;J_', Page 2 . CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT Defendant Name:MICHAEL LEE TALBOT Docket Number: THE ACTOR VIOLATED THE ORDER BY PLACING MULTIPLE PHONE CALLS TO THE RESIDENCE OF AMANDA SCHLEY AND COMMUNICATING DIRECTLY WITH HER. THIS ACT IS IN VIOLATION OF PARAGRAPH 4 WHICH PROHIBITS DEFENDANT FROM CONTACTING PLAINTIFF BY PHONE. ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY, OR IN VIOLATION OF 6113 A OF THE ACT OF 23 OR THE ORDINANCE OF 3. I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. I certify the complaint has been properly completed and verified, and that there is probable cause for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. 4904) relating to unsworn falsification to authorities. Date:~. 07,- 0\ Pi~\1\' Ll 11. tfAAloJ.A1)~ :11:). ~A ~ V ' ~ture of omplalnant) AND NOW, on this date, I certify the complaint has been properly completed and verified, and that there is probable cause for issuance of process. (MaglstenaILJlstrlct) {Issuing AuthontyJ (SEAL) ,_L -" - :..",- " --~.., .~!o ~ fil"i, CARLISLE PD PROBABLE CAUSE AFFIDAVIT INCIDENT NUMBER: 20010200057 CAR DATE: 02/02/2001 OTN: PG 1 CHARGE(S) : 23 6113 A INDIRECT CRIMINAL CONTEMPT - CSA1990 #CTS 1 COMMONWEALTH VS MICHAEL LEE TALBOT INFORMATION: ON FEBRUARY 2, 2001, DEFENDANT MICHAEL LEE TALBOT PLACED MULTIPLE PHONE CALLS TO THE RESIDENCE OF AMANDA JO SCHLEY, SCHLEY STATES IN HER WRITTEN STATEMENT THAT TALBOT CALLED HER FOUR TIMES. FIRST, TALBOT CALLED ASKED FOR MANDY(SCHLEY) AND SHE HUNG UP. THE SECOND CALL BY TALBOT WAS PICKED UP BY SCHLEY I S NEW BOYFRIEND MATT BARBOUR. THE THIRD CALL PLACED BY TALBOT WAS ANSWERED BY SCHLEY. SCHLEY STATES TALBOT TOLD HER TO "GO HAVE A BABY WITH MATT" AND "WHY DONT YOU GO HANG YOURSELF" , SCHLEY HUNG UP. THE FOURTH CALL PLACED BY TALBOT IS ANSWERED ONLY MINUTES LATER BY SCHELY AGAIN. SCHELY TELLS TALBOT NOT TO CALL HER AGAIN OR SHE WILL CALL THE POLICE. A SHORT TIME AFTER THIS CALL IS TERMINATED BY SCHELY, TALBOT AGAIN CALLS FOR SCHELY THROUGH A THIRD PERSON, THIS PERSON IS IDENTIFIED AS JUSTIN HAWBAKER. WHEN JUSTIN CALLS, A SHARON SHIELDS ANSWERS THE PHONE THIS TIME. AT SOME POINT IN THE CONVERSTATION, TALBOT GETS ON THE PHONE AND TALKS DIRECTLY TO SHIELDS. 7 PHONE CALLS WERE ALSO PLACED TO THE RESIDENCE OF SCHLEY EARLIER IN THE DAY BUT WERE ANSWERED BY ANSWERING SERVICE. THESE CALLS WERE LOGGED FROM 1046 TO 1448 HRS. NUMBER LISTED WAS "PRIVATE", THE COMMONWEALTH ASKS THAT A WARRANT FOR ARREST BY ISSUED FOR MICHAEL LEE TALBOT FOR VIOLATING A PFA ORDER SIGNED BY THE HONORABLE GEORGE H HOFFER, PERSIDENT JUDGE, ON 12-26-2000. . BY PLACING PHONE CALLS TO SCHLEY, TALBOT VIOLATED PARAGRAPH 4 OF THE ORDER WHICH PROHIBITS THE DEFENDANT FROM CONTACTING THE PLAINTIFF BY PHONE OR BY ANY OTHER MEANS, INCLUDING THROUGH THRID PERSONS. I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED TO ANSWER THE CHARGE(S) I HAVE MADE 'IN THE ABOVE AFFIDAVIT, I SWEAR TO, OR AFFIRM, THE WITHIN AFFIDAVIT UPON MY KNOWLEDGE, INFORMATION AND BELIEF, AND SIGN IT ON ~F-G D:J. , 20.o.L. ' BEFORE WHOSE OFFICE IS THAT OF _~-tLrn. U. If. ~/Ilft' /. SIGNATURE & SEAL OF DISTRICT JUSTICE rS~E a{r"AFFIANT -WmJ:LHA(.G-~-t: Y "!~ PRINT 2 COPIES - DISTRICT JUSTICE 1 COPY - BUREAU OF POLICE AMANDA JO SCHLEY, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law : No, 00- MICHAEL LEE TALBOT, Defendant : Protection From Abuse and : Custody No. 00-8640 FINAL ORDER OF COURT Defendant's Name is: MICHAEL LEE TALBOT Defendant's Date of Birth is: June 8, 1976 Defendant's Social Security Number is: 207-60-7014 Name( s) of All protected persons, including Plaintiff and minor children: 1. AMANDA JO SCHLEY AND NOW, this 2Ist Day of December, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Amanda Jo Schley, is represented by Joan Carey of Legal Services, Inc.; Defendant, Michael Lee Talbot, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 152 East Chapel Avenue Carlisle, PA 17013 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement, Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence and any otber residence sbe may establish for herself during tbe tenn of this Order. Plaintiff's current place of employment or any otber place wbere sbe may be employed for tbe term of tbis Order: Weis Markets 351 East High Street Carlisle, PA 17013 The day care facility of tbe minor child. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons, 5. Custody of the following minor children: 1. TYLER MICHAEL TALBOT shall be as follows: . Primary physical custody of the minor child/ren is awarded to the Plaintiff. . Defendant shall have supervised visits with tbe cbild, in the presence of his maternal grandmother, Lenora Everitts, or Defendant's father, Guy Talbot, on dates and at times mutually agreed by tbe parties. .1 ", - ~- The third party designated to supervise Defendant's visitation with the child shall communicate with Plaintiff regardiug custody arrangements. 6. The following additional relief is granted as authorized by ~6108 of the Act: Defeudant is prohibited from having any contact with Plaintiff's relatives. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendaut is enjoined from damaging or destroying any property jointly owned by tbe parties or owned solely by Plaintiff. The court costs and fees are waived. 7. The costs of this action are waived as to the Plaintiff and imposed on Defendant, as follows: $250 for Plaintiff's Hilliger winter jacket which Defendant took from her during the incident which occnred on or about November I, 2090. 8. A certified copy of this Order shall be provided to the police department where plaintiff resides and any other agency specified hereafter: CARLISLE POLICE DEPARTMENT 9. THlS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. All provisions of this order shall expire on: June 21, 2002 NOTICE TO THE DEFENDANT ~ .I VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL VANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRffiAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 US,c. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US.C ~~2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 US,c. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 5 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6l13. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned, A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff Plaintifi's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be , 'Co ',' -A ,~"'" arraigned, bond set and both parties given notice of the date of the hearing. If entered pursuant to the consent of Plaintiff an(l Defendant: fJlfiMM, h SJJj~ /'JtL,/ -Z-~ _Jo ~ - M""," L~ T""", n",,,,,,,,,, ~ c/o Lenora Everitts ~ / 323 Wolfs Bridge Road oan Carey, Attorney fo~ aintiff Carlisle, P A 17013 Distribution to: Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INe. Michael Lee Talbot, Defendant FAXed and mailed to PSP "'" I, ,,' L" '''~'' -,'~ J . i.:. ~ - "" -, --. " COMMONWEALTH OF PENNSYLVANIA) SS: OCA: COUNTY OF CUMBERLAND ) TO: R. Thomas Kline, Sheriff, or any duly authorized law enforcement officer. RE: MICHAEL LEE TALBOT DOB: 6/08/76 SEX: M HT: 509 WT: 140 EYES: BRO FBI: 670368XA5 OTN: RACE: whi DOCKET #: 00-8640 CIVIL HAIR: BRO SSN: 207/60/7014 OLN: 0210200 PA SID: 230/13/70/3 VIOLATION OF INDIRECT CRIMINAL CONTEMPT WHEREAS, the above-named defendant allegedly violated his protection from abuse order on February 2, 2001, the indirect criminal contempt was filed by Officer John Haggerty of the Carlisle Police Department. WHEREAS, this Court on February 7,2001 directed a Arrest Warrant be issued for the apprehension of the defendant. This is therefore to command you to arrest the defendant above and bring him/her before at Carlisle, Pennsylvania, without unnecessary delay to be dealt with according to law. WITNESS the undersigned Judge, at Carlisle, this 7th day of February, A.D., 2001. Isl ~~~r~ PJ. ATTEST: f; ~ R ~~,_- PROTHONOTARY , . (SEAL) --.' "' '~ ::>'-;~ ~ ~-- ,~ , ,-" - ~lfIi --" '4' SHERIFF'S RETURN - OUT OF COUNTY . CASE NO: 2000-08640 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCHLEY AMANDA JO VS TALBOT MICHAEL LEE R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: TALBOT MICHAEL LEE but was unable to locate Him in his bailiwick, He therefore deputized the sheriff of UNION County, Pennsylvania, to serve the within PROTECTION FROM ABUSE On January 8th , 2001 , this office was in receipt of the attached return from UNION Sheriff's Costs: Docketing Out of County Surcharge DEP. UNION CO 18,00 9.00 10.00 21.00 .00 58,00 01/08/2001 so~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this Jb ~ day otC)LA""'''( ;)0-0 I A.D. C)~Jr' D. 'rn"I" > ~ prothonotary) ~ ~,i ""--.... . ,BK.#5 PAGE #79 IN THE COURT OF COMMON PLEAS 17TH JUDICIAL DISTRICT UNION COUNTY, PENNSYLVANIA AMANDA SCHLEY NO: 00-8640 VS NOTICE OF HRARlNG TEMPORARY PROTECTION FROM ABUSE ORDER PETITION FOR PROTECTION FROM ABUSE UNION COUNTY SHERIFF'S RETURN And nOW DECEMBER 19, 2000 1 hereby certify and return that I served a copy of the above described NOTICE OF HEARING TEMPORARY PROTECTION FROM ABUSE ORDER PETITION FOR PROTECTION FROM ABUSE, upon MICHAEL LEE TALBOT, named defendant, by personally handing to him, at 103 South Second Street, Borough of Lewisburg, Union County, Pennsylvania, on DECEMBER 192000, at 11:12 A.M. a true and correct copy of the above described NOTICE OF HEARING TEMPORARY PROTECTION FROM ABUSE ORDER PETITION FOR PROTECTION FROM ABUSE, and made known to him, the contents of the same. \ I p Il~ PLAINTIFF'S ATTORNEY: CUMBERLAND COUNTY Sl!ERIfF'S FEES, DOCKET $ 9.00 SURCBARGE EXTRA SERVICE AfFIDAVIT $ 3.00 SERVICE 9.00 CO MILEAGE DEPUTY TIME TOTAl. $ 21.00 SO ANSWERS JOHN P. SCHRA WDER, SHERIFF UNION COUNTY, PA. DEPOSIT $ REFUND $ RECEIPT # CHECK $ ~"I" ~~M_ .. I . "'"" ,:;' -"- ~ '-", . -4 '., 4In The Court of Common Pleas of Cumberland County, Pennsylvania Amanda Jo Schley VS. Michael Lee Talbot No. 20-8640 Civil Now, 12/15/00 ,2010 C , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of "ni9'l County to exe,cute this Writ, this deputation being made at the request and risk of the Plaintiff., .// '~', , . r~~4:~~ Sheriff ofCurnberland County, P A Affidavit of Senrice Now, ,20_,at 0' clock M. served the within upon at by handing to a copy of the original and made lmown to the contents thereof So answers, Sberiff of County, PA 20 '- COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed before me this day of $ I . ~I ~ -'"lIlltIillr. " . , . , AMANDAJO SCHLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 00- ~(o40- CIVIL TERM MICHAEL LEE TALBOT, Defendant : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition, In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the ~( ~y of December, 2000, at .1:- -36 {J .m., in Courtroom No~ on the 4th F1ooroftbe Cumberland County Courthouse, 1 Courthouse Square, Carlisle. PennsylvlUlia, You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C. S, ~61l4. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 US.C. ~2265, this Order is enforceable anywhere in the United States, tribal Iands, US. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U S.C. ~ 2261-2262, You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth belOw to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249~3166 AMERICANS WlmDISABILITIES ACT OF 1')90 TheCourt of Common Pleas ofCumberl8nd Countyisrequiredby law to comply with the Americans with Disabilities Act of 1990. For information about acceSSIble facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, j7 , . ;'~_..,...., - '_') ~,,~ ,~~!JJ: ~ "-., " "~ ~'" Of p c f'_..-C},::F\C~F; _:\ ," ,i~..,c',n"i 'i';",I\rH"I _ ,';" );:.. i\-''''' 00 DEe \ ':, i\rI II: 29 ""'\j\,\-N "''''-'', '\\';\'1 \....;U il\\ C\jM~~~Ns~C\j{l.~\A . ~ ~ t llii'lWi?mr~~__ Q.iiWf!J.l!~~~i;j:!Ii!ii:jif,>:jj>!l"l!lij:fJ~l,:tl:""'r1:~NIM)\\t;!->\~'~"i~;J'~:i!"MW'~~~)!lll@t;lit#Y~15r>"\!'t>!i]l~"fm~~~!l,lIIIIC1ff_f~ ,'~L'" ~,'- -- ~ - AMANDAJO SCHLEY, Plaintiff : In the Court of Common Pleas of : : CUMBERLAND County, : PENNSYLVANIA v, : Civil Action - Law : No. 00- '3bc.fo MICHAEL LEE TALBOT, Defendant : Protection From Abuse and : Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: MICHAEL LEE TALBOT Defendant's Date of Birth is: June 8, 1976 Defendant's Social Security Number is: 207-60-7014 Name(s) of All protected persons, including Plaintiff and minor children: 1. AMANDA JO SCHLEY AND NOW, on 15th Day of December, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintift"s request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found, aa;"= '. ,.'d - .~~ _..~~;"; . . 2. Defendant sbal1 be evicted and excluded from the residence at: 152 East Cbapel Avenue Carlisle, PA 17013 or any other permanent or temporary residence where Plaintiff or any other person protected under this Order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except for such contact with the minor child/ren as may be permitted under paragraph 5 ofthis Order, Defendant is prohibited from having ANY CONTACT with Plaintifl; or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence and any other residence sbe may establisb for berself during tbe term of this Order. Plaintiff's current place of employment or any otber place where sbe may be employed for tbe term of tbis Order: Weis Markets 351 East Higb Street Carlisle, PA 17013 The day care facility of the minor cbild., 4. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: L TYLERMlCIlAELTALBOT Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Defendant's contact witb tbe minor child is suspended pending further Order after the bearing scbeduled in this matter. The local law enforcement agency in the jurisdiction where the child/ren are located sbal1 ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. '\:~ ~. - - 1"....~~Il$L~~ . , 6. The following additional reliefis granted: Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. 7. A certified copy of this Order shal1 be provided to the police department where Plaintiff resides and any other agency specified hereafter: CARLISLE POLICE DEPARTMENT 8. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served, The Prothonotary is directed to file this Petition and Order without prepayment of costs. 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER ANY PRIOR ORDER RELATING TOCHlLD CUSTODY 10. TIllS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JUNE 15, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY TIllS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000:00 and/or up to six months in jaiL 23 Pa.C,S, ~6114, Consent of the Plaintiff to Defendant's return to the residence sbaIl not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for thatfllltpose. ~ Pa,C,S. ~6113. Defendant is further notified that violation of tJJis Order may subjlct himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFll'IClALS '" j "-~~"= . '~~--:IR ,~" '''!' This Order sball be entbrced by the police who have jurisdiction over the plaintitl's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 5 of this Order, defendant sball be arrested on the charge ofIndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law entbrcement agency whose officer made the arrest. Judge Be Distribution to: Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 FAXed & mailed to PSP ,"i~_--'<(1t ~~ J, ~-~ ~~; PFAD Number: WB1163949T AMANDA JO SCHLEY, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law ; No. 00- ~40 MICHAEL LEE TALBOT, Defendant : Protection From Abuse and : Custody PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: AMANDA JO SC:ElL~Y 2. I, (the Plaintift), am filing this Petition on behalf of. - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse, a. AMANDA JO SCHLEY 4. Plaintiff's AddFess is : 152 East Chapel Avenue, Carlisle, P A 17013 5. Defendant's Name is: MICHAEL LEE TALBOT -~lIil!il1lifllJlli ,~__. L__ 6. Defendant is believed to live at the following address: Union County Prison ,lll3Soutb3rd Stteef',Lewisburg. PA 17837 7. Defendant's Social SeCUrity Number is: f- 207-60:':7014 I 8. Defendant's Date of Birth is: June8.!1976. '_:", 9. Defendant's P1ace oJ:: employmen~ is: unemPloyed . " 10, Defendant is an adult. "-,~ ','; -, , --' ,,-"- ,_ "',-,: .:"",t 11. The relationship between the Plaintiffai:lCi;theQefendant is:"., ! ", " '<" '," ,',,-- ";.. PaI;entsoftbe.same cbildren Cl!rrentorfQnner sexuaVintimll,tf;!.J),aiWer ' ~ -.. ; 12. The Plaintiff $dthe Defendant been involved in the following court actions: I , a. Custody b. Protection From Abuse 13. Other details of the court action are: . " Custody - Union County. pA - No.OO-372PFA -UnionCounty..PA"No. 97-? 14, The defendant bas been involved in a criminal court action. 15. The defendan~ is. currently on probation I parole. 16. The defendan~ is currently on County prob~tion I parole. Description: Union County - Scott Kerstetter. P.O. 17. Plaintiff and Defendant are the parents of the following minor child/ren: ;, ilOl:..~ ,'~" - A, , L, """" f.\~ili;;~ a. l1YLERMICHAEL TALBOT Age: 2 y,ean old Child's address is: 152 East Chapel Avenue, Carlisle,PA 17013 1&. Plaintiff is seeking an Order of child custody as part of this petition. The following.js a list of the children and where they have live for the past 5 years: a. TYLER MICHAEL TALBOT Forthe past 5 years, this child has lived with: Plaintiff at 152 East Chapel Avenue, Carisle, PA from November 23, 2000, to the present Plaintitrs parents, David and Debra Schley at Johnstown Road, PA, from ,November 10, 2000, to November 23, 2000. Plaintiff at 152 East Chapel Avenue, Carisle, P A from November 3, 2000, to November 10,2000. Plaintiff and Defendant at 152 East Chapel Avenue, Carlisle, P A, from June 200,0, to November 3, 2000; , Plaintiff, Defendant, and Defendant's grandmother,. Lenore Everitts, at 323 Wolfs Bridge Rd CarIilse, PA, I ,,' ' fl10m April 2000, to June 2000. . Plaintiff at 23& Maple Street, Miftllnburg,PA, November 1999, to late March 2000. Plaintiff and Defendant at 601 Maple Street, Miftlinburg, PA, from April 1999, to November 1999. ': t- ~ , ~' -' , :' ';: ,_ '?~ Plaintiff and Defendant at 3rd Street, Miftlinburg, P A, from August 1998, to April 1999; Plaintiff at 3rd Street, MifIlinburg, P A, from June 13, 1998, to August 1998. 19. The facts of tlie most recent incident of abuse are as follows: On about Wednesday, November 01, 2000 location: 152 East Chapel Avenue, Carlisle, PA On or about November 1, 2000, Defendant argued with Plaintiff, shoved her causing her to faU against furniture, head-butted her in the forehead, ~nd as she tried to telephone the police, unplugged the telephone. When Plaintiff used another telephone to call 911 for help, Defendant i_?I1IL1iliIiI~~~m L_' "_ k~ ~",",";'~'~~>' threatened tbat be would fmd bel' and kill her wben he gets out of jail Tbe Carlisle Police responded and fded cbarges against Defeudant for simple assault and barassment. Plaintiff sustained bruising, swelling and soreness about bel' forebead as a result oftbis incident. Defendant turned bimself in to tbe Carlisle Police on November 3, 2000, was arrested, taken to Cumberland County Prison, and a detainer was placed on Defendaut by bis probation officer at tbe Union C~unty Probation Office. Defendant bas since been transferred to Union County Prison and is ,due to be released on or about December 20, 2000. A preliminary bearing on tbe criminal cbarges is scheduled on January 31, 2001, before District Justice Correal in Carlisle. 20. Prior incident~ of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or about mid-July 2000, Defendantpuncbed Plaintiff in tbe jaw cansing bruising, swelling and soreness about bel' face. During a separate incident in the same time period, Defendant argued witb Plaintiff, grabbed bel' by tbe bail', violently yanked her head about, and slammed the door against her arm as sbe tried to'Jeave the residence. In or about fall 1997, Defendant grabbed Plaintiff by the bail', and violently yanked her about causing her to fall down ou a concrete sidewalk with such force that she required medical treatment for injuries she sustained as a result of this incideut whicb included, but were not limited to, a chipped pelvic bone and broken ribs. In a separate ,incident in or about fall 1997, Defendant shoved Plaintiff against the wall Wheu Plaintiff got away from Defendant and ran across the highway to the police station, Defendant followed her, grabbed her hair and pull~d her back across the highway, punched her repeatedly about her head, face, arms, and ribs as he pulled her back into the residence, and knowing that Plaintiff was in the early stages of her pregnancy, Defendant kneed her in the belly and threatened her saying, "If you are pregnant, you just lost the baby." Defendant was arrested and charged with disorderly conduct. Plaintiff sustained bruising and soreness about her head, face, armS and ribs as a result of this incident. In or about summer 1997, Defendant shoved Plaintiff to the ground. Defendant refused to take Plaintiff for lIJedical treatment when she complained of injury to her arm, and Plaintiff drove herself to the hospital and was treated for a broken wrist, which she sustained as a result of this incident. In or about Qctober 1996, Defendant grabbed Plaintiff by the neck and strangled her. Plaintiff sustained bruising and soreness about her neck as a result of this incident. Since approximately September ~996, Defendant has abused Plaintiff in ways including, but not limited to, the following: called Plaintiff vile names; shoved her about; shoved her to the ground; slapped" punche~, kicked, and strangled her; grabbed her hair and jerked her head and body about violently; grabbed her by the hair and slammed her head against the floor repeatedly causing a cut on her hea,,", and pulled a knife on her an,d threatened to stab her. Defendant has repeatellly threatened to kill Plaintiff, and specifically threatened that he would drive her to a quarry and push the car over a cliff so that no one would ever find her. On one occasion, '"~ ~ .J --, __,-'~ ~ .~. L -~'fui '. Defendant grabbed Plaintiff by the neck, strangled her, and as she gasped for breath,he threatened that she would die right then and there. Plaintiff fears for her safety upon Defendant's impending release from prison. 21. The police department( s) or law enforcement agencies that should be provided with a copy ofthe protection order are: CARLISLE POLICE DEPARTMENT 22. There is an immediate and present danger of further abuse from the Defendant. 23 . Plaintiff is askipg the court to evict and exclude the Defendant from the following residence: 152 East Chapel Avenue Carlisle, PA 17013 Rented By:Amanda Schley and>Micbael Talbot 24. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: any and aU medical costs incurred by Plaintiff for injuries she sustained as a result of Defendant assaultinghelt in the incidents listed in this Petition. 25. FOR THE REASONS SET FORm ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORABlYORDER,and AFTEllBEAlUNG, A FINALOBDER TIfATWOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiffmay be found, i " b. Evictlexdude.Defendailt fromrPlaintifi's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. '-, [ "",'" , . , :,,: ,i ~ --; c, Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: , Defendant's contact with the minofchild is suspended pending further Order after the hearing scheduled in this matter; d, Pr!Jhibit Defendant from having any contact wit:hPlaintiff and/or minor .childlren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find, necessary with respect to partial custody and/or visitation with the minor child/ren. e. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintifi's childrenJistedin this petition, except as.the court may find necessary with respect to ~,,~~--- -Will! ,~ ~~ ~-- 'D-~" ""-~''''~''''''ilID;r'"~'''';:';; . . ;',' partial custody and/or visitation with the minor childlren. (Diiect Defe1,14a.v.t t~J)ay fl~tu.rfqJ: th,e,reasonable financial losses suffered as the '.' re~ult of the abuse, to be determined at the hearing. " 1" __ _' " " ',' . '. ,"-';'-'~ ;tlJ.-: '., ,fe' r, _ ,I,'-~;~'J";i'''' g. Order Defendant ,to pay th\lcosts of this action, including filing and service fees. h. Order the following additional relief, not listed above: Order D~fendant to refrain from, harassing Plaintiff's relatives. ", :Enjoin Ve,{endant from damaging or destroying any property jointly owned by 'th~plli1ies or owned solely by Plaintiff. Order Defendalltto pay $250.00 tll.one (\fLegalServices, Ine.'s funding sources for the cost of litigating this case. L Grant ~uch ()ther relief asth~ ,court deems appropriate. , , J. Order th~ police or other law enforcement agency to serve the Defendant with a copy !>fthiScI>etition, any, Orderissued, apd the Order for HeariEg. The petitioner willinfQrJP the:: deslgmitedauthorityof any add1-esses, other than the Defendant's re~ide!lc~,~here Defelldant ClUlge, served. :'~ ,,:,- Respectfully Submitted by: ~ oan Carey Agency: Attorney for Plaintiff LEGAL SERVICES, INC, 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ~ /~ -(:;- tItJ L ~ . , . j"~'...u___'- .-'w,' . '. '" VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge, I understand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904, relating to unsworn falsification to authorities. Dated: 1f),/7'"-GO itj'~~' (tUIi-rb:a'li.~I!if!1M'~~IMi~P...>;1.ii'"l.,i-~'i1!i',~h;",''''''H-~","L~_-!'4ul\fu'~iiWt~i~I1~Riltr~i1!i~-'~"'-~"" , < .,'" ---,'~. rc'~ 1 ~ 1 <}. .. \ ~ Vj '1~ l'l ,'~ ~ l~ ~ ~ ."\, , :s " ~, . ~ . >-.. r:-., (\ 1) . ~ -, ,~ ~, ,.-- ~" "=~.lslIIk "'c_ ~,'-- n c: z' ~ff cn>' -<z: C-=C:: ~o /... ~-... ~'-L' p- '- :;;::- :< '- ) ~ -\, \:, ":' 11 , (;:) c '=J r'1 n o ." vi , '0'& {;~)6 csrn '---1 ?5 -< ~ ~ ....".. U1 '0 ;'\:'0;;,,"-<1 . , I: , " I I y..,.J.,o' 12)~5/00 FRI 13:38 FAX 717 240 651~ '-~ ,~' .__i ,~ '. ' "'':'' CUMB CO PROTHONOTARY 141001 *************************** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2344 I 03j9p2438026 I 01]9p2405331 I 04]92490779 LEGAL SERVICES CENTRAL PROCESS PSP ERROR ~ ,. OFFICE OF 'lllE PROrHONOTARY CUMBERLAND CCfJNlY COUR'IllOOSE . eM: COOR'I'IiOOSE 9,JUARE CARLISLE, PA. 17013-33B7 (717) 240-6195 FAX #: psP LS .J ' C.C'fL.( (01 -rrO(;t'SSIfl.j q-c14o- 5'331 FAX (717) 240-6573 v I ATE LEe 0 PIE R TO: .. '., F'RCM : CURTIS R. LONG fIE: -P FA OrcJ.. eV's MESSAGE : ...l:Ci-- 00. OF PAGES (INCLUDING COVER SHEET) ---------- 'lltis ~ is int:lord:3;l. mly fur tte Lre of t:te irdivid.el cr. EfItily to Wlich is is cdlt .1, crd ITB\' mmlln infi:unBtirn ttcrt: is );rivil;:g<rl. anfida'ltial ad e<stp: fton rlicrl.....JTB \J"Ce: 'U'l i(""i11., 1:w. If I:I"E ~ of tili$ II ""y is rot tie inlHUs:l z:e:::ifIiEn1;. }OJ are J-erebi rot.i.fiEd ttat ent clisf;aTIiretlm, distrih.rt:im arc aw;ing of this curmni.catiffi ll; strictly p:dUbil:B:l. If:\O-l h:lI-e re:ei.-.e::l lh"'; OCJlIlU'Iic.r...icn in emr. pleEe n:tify us ;imrEd.iately ~ lFle{:h~re i'Irl urtUUI tie 0L"igiml. ~ to lE "l I;'" ..,..,. ~'" vin tiP. ~~.S. trAtal g;:(\oire, 1ta1k yQ.I. , ~_.l ,1-, J .1' ',,--";';', ';1 COMMONWEALTH OF PENNSYLVANIA In the Court of Common Pleai VS Cumberland County Penna Michael Lee Talbot 00-8640 Civil v' I Steve Whistler Deputy Sheriff beig duly sworn by law says that on 6/18/01 the warrant on the above named defendant has been RECALLED by K. Mertz of the DA/Det. Office. Sheriff Costs: $0.00 So answers, R. Thomas KLine, Sheriff BY\{ ifl ~+ch (~~ ~ Steve Whistler, Deputy ~ ,J.o,~1 C+ru- Q., /hi OPt'.!1 ~ ~, 0 C--.'J C ;:~ , -oc(.- rTln-, ~ Zj:; zc N ~:2~ c., roc' .-0 :0:: .1>0 --- ;f;c, w 9 Pc: L. )> =< .]:"' ::D -< "I' -, ~ -, COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V 00-8640 CIVIL TERM MICHAEL LEE TALBOT IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, June 25, 2001, the defendant, Michael Lee Talbot, having appeared in court with Public Defender, Jessica B. Rhoades, Esquire, and the petition for indirect criminal contempt having been withdrawn, the bail previously set by District Justice Bender is hereby revoked and dismissed. By the Court, .J. Jessica B, Rhoades, Esquire Assistant Public Defender ~ -~;~ ~~ l'6f:q,D\ l, ~- ~ Michael W. Mervine, Esquire Assistant District Attorney CCP- \-\C\NJ(~e.Lv'(:.xect , i, '\ \," I I.{I-I a-.. ;" Sheriff - !, , ' :\ :mtf - ! ~ I:, I' ~, '';' ~ _=(1)lr , ,~ , ---~~ ""' ., L: '! I ";\L :,: ::, ~~ \ ~' ; . CUli:f)EiJi,i:;:ii_Vi,ii~~N.Ti -,,~ " ", '" ~ ,,~, ..~" ~.,,~ -. _ IMlHI!!J.~ _" _' _""', ",~,~ _"~~,,,,,,_, :"~ "f-"""F,....."_""l,";..rA*",,:,,""'f,rl\1i1:'.r%1I''''1-~~mi'I1P.ft _':' '" !,',..~,-';~~ ,'~" b..o......~J.. ~,,~ "i , AMANDA JO SCHLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 00-8640 CNIL TERM MICHAEL LEE TALBOT, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT . ~ AND NOW, this ~. day of JUNE, 2002, the hearing in the above- captioned case ordered by district Justice Susan K. Day to be scheduled as a Common Pleas Court tJ ~ction is scheduled before the Court on the L day of ~' 2002 at ~. 30 o'clock t.m. in Courtroom # ~. The defendant, MICHAEL LEE TALBOT, is ordered to appear for trial on the charge of Indirect Criminal Contempt before the Court B on that date. Jonathan R. Birbeck, Chief Deputy District Attorney t' George E. Hoffer - C1flCS: p~Ly a,~ -:::J:fY] J. ;,/ ;lc/O:1....::> MICHAEL LEE TALBOT " ,~" ~ -',~, )1 , C"~' " """; --j, '~, -<.-, ' ~ ,~"",~, ',,' ',- ~~ , " F\lW-UF\CE OF Ffy:"\\~C',j,Oi 1'R'i 02 JIJl\ 20 ~H 3: \ 2 CUM'jt},\.fN) (jOU~lT'{ PENNS'i0JN'1Il\ "'",' ~-",,,,~~~~~<,!<"" IT, r",",~",_r~trr..M!" --.-, ,_, " ~t;rf"#T-jj(YW'.;~:O"'BN"'1"",,~~IJ1,!@. ~jlj,.~~:W ,___;,__~mm~,,,,,,,_f" J,,!'l!l!l' ,'&Il""~" L ' AMANDA JO SCHLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 00-8640 CNIL TERM MICHAEL LEE TALBOT, Defendant :CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. ~ 6113. 6. The plaintiff and/or the defendant may seek modification ofthe Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. ~ 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Re~pec; ly submitted, (,//~jAj//, /~~ /~ waw/l7 o athan R. Birbeck Chief Deputy District Attorney "j " '-,'i ~ ..............,,"..~""...... ~- = = i ~.""'- '"'~, .:L_ '"~'"'il.r.i~", L.UIVUVIUf'l,l'/VI::.ALIH Ut- t'~I'I,II'I,I~YL.VANIA COUNTY OF CUMBERLAND 09201 CRIMINAl.COMPLAINT AND PROBABLE CAUSE AFFIDAVIT Mag. DIs!. No.: Address: 1 COURTHOUSE SQ CARLISLE PA 17013 717 240 6564 DEFENDANT: COMMONWEAL'rH OF PENNSYLVANIA VS, , OJ Name: Hon, PAULA P CORREAL Telephone: MICHAEL TALBOT NAME and ADDRESS MICHAEL LEE TALBOT 121 WALTON AVENUE cARLISLEPA 17013 0000 00 AKA: Docket No.: Date Filed: OTN: *' Registration Number Annual sticker Number R8.A,: WM 26 D,O.8.: 06 08 OLN Number SID Number !PA25063973SUSPERDE9 I 20026~'Ill~'!Tl'f7 CAR ,642uCRN"m.., 1976 8,8.#: 207 60 7014 ComplaInt Number Complaint Numbers if other Participants ORINO.: PA0210200 District Attorney's Office _ Approved -Disapproved because: (The District Attomey may require that the complaint, arrest warrant affidavit, or both be approved by the allomey for the Commonwealth prior to filing. Pa.R.Cr.P. 107.) When the affiant is not a police officer as defined in Rule 51(C) and the offense(s) charged Include(s) a misdemeanor or felOny which does not involve a clear and present danger to any person or the community, the complaint shaH be submitted to the allomey for the Commonwealth, who shaH approve or disapprove without unreasonable delay). (Issue Date) (Signature) 1,INama.fA"""'1 PO ERIC W DALE BADGE 18 m CARLISLE PD reSiding at 53 WEST SOUTH ST CARLISLE PA 17013 do hereby state: (check appropriate area) 1. -K. I accuse the above named defendant, who lives at the address set forth above or, _ I accuse an individual whose name is unknown to me but who is described as _ ,I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violatina the penal laws of the Commonwealth of Pennsylvania at: 514 N"" BEDFORD ST CARLISLE (P~oa-P.l"""IS"bdlv.;."1 in (County) 'CUMBERLAND on or about 06 19 2002 2242 HRS CARLISLE Participants were: (if there were participants place their names here, rapeating name of above defendant) 2, The acts committed by the accused were: (Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither the evidence nor the statute allegedly violafed need be cited, nor shall a citation of the slaMe allegedly violated, by Itself, be sufficient. In a summary case, set forth a citation of the specnic section and sub,sectlon of the statute or ordinance allegedly violated). ** INDIRECT CRIMINAL C0NTEMPT - ADULT CTS 1 THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER NUMBER 00-8640 THE ORDER WAS SIGNED BY THE HONORABLE GEORGE HOFFER THE ORDER WAS DATED 12-21-00 Copy: District Justice Defendant Return of Service Police 4197wp -'.:c~~-""''' . ~< A - -~~, "~ L_ , _~~_I,:; Page 2 . CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT Defendant Name:MICHAEL LEE TALBOT Docket Number: THE ACTOR VIOLATED THE ORDER BY HARASSING THE PLAINTIFF ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY , OR IN VIOLATION OF 6114 Al OF THE ACT OF 23 OR THE ORDINANCE OF 3. I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. I certify the complaint has been properly completed and verified, and that there is probable cause for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. 4904) relating to unsworn falsificatiol')t6authorities. ./ ' 4. Date: ,,', .-r::../:.;;.- (Signature of Complainant) - ..,' - - .~, AND NOW, on this date, I certify thEl complaint has been properly completed and verified, and that there is probable cause for issuance of process. (Magisterial DIStrlcl) (tssulngAulnority) (SEAL) " "~J.. -~._~'" I;.' - CARLISLE.PD PROBABLE CAUSE AFFIDAVIT INCIDENT NUMBER: 20020600907 CAR DATE: 06/19/2002 OTN: PG 1 CHARGE (S) : 23 6114 Al INDIRECT CRIMINAL CONTEMPT - ADULT #CTS 1 COMMONWEALTH VS MICHAEL LEE TALBOT INFORMATION: ON 06-19-02 AT APPROXIMATELY 2230 HOURS I RESPONDED TO 514 NORTH BEDFROD ST FOR THE REPORT OF PROTECTION FROM ABUSE ORDER VIOLATION. ONCE ON SCENE I MET WITH THE VICTIM AMANDA BARBOUR (SCHLEY). BARBOUR STATED SHE WAS OUTSIDE HER RESIDENCE SITTING ON A BENCH. THE DEFENDANT, MICHAEL TALBOT, RODE UP ON A BICYCLE AND STOPPED. HE STARTED MAKING CONVERSTAION ABOUT THEIR SON. THEY STARTED TO ARGUE A LITTLE AND TALBOT PUT HIS BIKE DOWN. AT THIS POINT SHE WENT INSIDE THE RESIDENCE. TALBOT THEN RODE AWAY. A PROTECTION FROM ABUSE ORDER WAS ISSUED 12-21-00 IN CUMBERLAND COUNTY COURT BY PRESIDENT JUDGE GEORGE HOFFER. THE ORDER EXPIRES 6-21-02. ORDER #00-8640. SECTION 1 OF THE FINAL ORDER DOES STATE THAT THE DEFENDANT WILL NOT STALK, HARASS OR THREATEN THE PLAINTIFF. . THE VICTIM STATED THAT SHE WAS SCARED AND FELT HARASSED. I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED TO ANSWER THE CHARGE (S) I HAVE MADE IN THE ABOVE AFFIDAVIT. I SWEAR TO, OR AFFIRM, THE AND BELIEF, AND SIGN IT ON BEFORE WITHIN AFFIDAVIT UPON MY KNOWLEDGE, , 20 , WHOSE OFFICE IS THAT OF INFORMATION SIGNATURE & SEAL OF DISTRICT JUSTICE SIGNATURE OF AFFIANT PRINT 2 COPIES - DISTRICT JUSTICE 1 COPY - BUREAU OF POLICE ~. .1 . ~~ _ 1- -~ ~l: ~.... , "",: AMANDA 10 SCHLEY, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law : No. 00- MICHAEL LEE TALBOT, Defendant : Protection From Abuse and : Custody No. 00-8640 FINAL ORDER OF COURT Defendant's Name is: MICHAEL LEE TALBOT Defendant's Date of Birth is: June 8, 1976 Defendant's Social Security Number is: 207-60-7014 Name(s) of All protected persons, including Plaintiff and minor children: 1. AMANDA JO SCHLEY AND NOW, this 21st Day of December, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Amanda Jo Schley, is represented by Joan Carey of Legal Services, Inc.; Defendant, Michael Lee Talbot, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff's request for a tinal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. """,,,J~ -'I, .~ - '" ......h~ 2. Defendant is completely evicted and excluded from the residence at: 152 East Chapel Avenue Carlisle, PA 17013 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession ofthe residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence and any other residence she may establish for herself during the tenu of this Order. Plaintiff's current place of employment or any other place where she may be employed for the tenu of this Order: Weis Markets 351 East High Street Carlisle, PA 17013 The day care facility of the minor child. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: L TYLER MICHAEL TALBOT shall be as follows: . Primary physical custody of the minor child/ren is awarded to the Plaintiff. . Defendant shall have supervised visits with the child, in the presence of his maternal grandmother, Lenora Everitts, or Defendaut's father, Guy Talbot, on dates and at times mutually agreed by the parties. .. , -- ~; "" ",-~J>.I.. - _n' 1'- -c." _,i_:, ~~~ '-~_., " The third party designated to supervise Defendant's visitation with the child shall communicate with Plaintiff regarding custody arrangements. 6. The following additional relief is granted as authorized by ~6108 of the Act: Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defeudant is enjoined from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. The court custs and fees are waived. 7. 'The costs of this action are waived as to the Plaintiff and imposed on Defendant, as follows: 5250 for Plaintiff's Hilfiger winter jacket which Defendant took from her during the incident which occured on or about November 1, 2000. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: CARLISLE POLICE DEPARTMENT 9. TillS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. All provisions of this order shall expire on: June 21, 2002 NOTICE TO THE DEFENDANT -.,~..~~- ~ ~ ~- - I I,. ~; VIOLATION OF TIllS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONlliS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER TIlE PENNSYLVANIA CRIMES CODE. TIllS ORDER IS ENFORCEABLE IN ALL FIFTY (SO) STATES, TIlE DISTRICT OF COLUMBIA, TRT.BAL LANDS, U.S. TERRITORIES AND THE . . . COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TIllS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261- 2262. IF TIlE BRADY INDICATOR PARAGRAPH APPEARS IN TIlE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF TIlE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintifi's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 5 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to arrest, the police officer shaI1 seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be . ~~-~. ~ - or ~ ~ d_ ~ ,"'-~" ,,"~,,*1',,: arraigned, bond set and both parties given notice of the date of the hearing. t' r e If entered pursuant to the consent of Plaintiff ana Defendant: 0!~!:s~J'P1~!J~ ~~;:<:~~ c/o Lenora Everitts 323 Wolfs Bridge Road aintiff Carlisle, PA 17013 Distribution to: Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. Michael Lee Talbot, Defendant FAXed and mailed to PSP _~~1 - t'" 'CERTIFICATION OF BAIL AND DISCHARGE COMMONWEALTH VS. (Defendant. Name and Address) MICHAEL LEE TALBOT 121 WALTON AVENUE CARLISLE PA 17013 o ROR (no surety) 0 Nominal Bail 181 Bail (total amount set, if any $ 2,500.00 o Conditions of Release (aside from appearing at court when required:) DEFENDANT TO HAVE NO CONTACT WITH VICTIM. SECURITY OR SURETY (IF ANY) 1 Professional Bondsman IIIlI Surety Company o Money fumished by o Defendant o 3" Party Name: Address: JUDGE OR ISSUING AUTHORITY GEORGE E. HOFFER, P.J. APPEARANCE OR BAIL BOND TillS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES. .-.J "".~" ...-. -, ~ ~ , ......~~.'4m'I$,!I,i;;i!li!ilkl,;: CP. TERM & NO. 00-8640 CHARGE(S): INDIRECT CRIMINAL CONTEMPT OF A P F A NEXT COI JRT ACTION Date and Time 'Location 7/3/02 @ 2:30 PM Courtroom #3, Cumberland County Courthouse TO: 181 Detention Center o Other I hereby certify that sufficient bail has been entered DBy the defendant 18I0n behalf of the defendant by: WILLIAM M. HUBLER 50. E. illGH ST CARLISLE PA 17013 (Name & Address afSurety) (License No.) . Refund of cash bail will be made within 20 days after final disposition (pa.R.Cr.PA015(b) . Refund of all other types of bail will be made promptly after 20 days following final disposition. (pa.RCr.PAOI5(a) . Bring Cash Bail Receipt to Prothonotary DISCHARGE THE ABOVEcNAMED DEFENDANT FROM CUSTODY IF DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED: Given under my hand and the Official Seal of this Court. WE, THE UNDERSIGNED, defendant and surety, our successors, heir and assigns, are jointly and severally bound to pay to the Commonwealth of Pennsylvania the sum of TWENTY.FIVE HUNDRED and no/100 dollars ($2500.00). SEE ATTACHED FOR BAIL CONDITIONS TO BE USED ONLY FOR PERCENTAGE CASH BAIL: The undersigned about to become Surety in the case cited herein, being duly sworn (or affirmed), disposes and says: 1. I reside at my phone number is and my occupation is and I work for 2. I have no undisposed of criminal cases against me pending In the Courts of the aforesaid County, except as follows: 3. I am not Surety on any bond of any kind except as follows: DATE AMOUNT DEFENDANT 4. I have carefully read the foregoing affidavit and know it is true and correct. I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. -,~~"~""'"""",,",, ~ """"" ~ ~' ~ -""",,~ "..... "" = ='~~ Tht'following acknowledgement is also applicable If Percentage Cash Bail is used THIS BOND SIGNED ON 20th day of JUNE, 2002 At Carlisle, PA Signed and acknowledged before me this 20TH day of JUNE, 2002. 0-1' O. 'hr,p~( - l ~'t'. ~ (Prothonotary or Is~uing rtluth 'ty) ....L_ '"""~~ ~~ I, _'II6,~",,~..~,L "........~" tllli'......'-~- t'!ll~N;&G (SEAL) -';;';~ (SEAL) Signature of Surety (May be Bondsman, Bail Agency, or private individual or organization). Except when defendant is released on his own recognizance (ROR), this must be signed in all bail situations, including nominal bail. . ~c SO &J~ ~~'h)}.- Ca(!0 k ~ IIll U ADDRESS OF SURE ,SURETY COMPANY OR DEFENDANT Z7.-3SS'7 "'01 U>() Surety No. or Professional Bondsman License No. & Expiration Date BAIL CONDITIONS The Conditions of this bond are that the defendant will: (1) Appear before the issuing authority and in the Courts of the County of Cumberland, Pennsylvania at all time as his presence may be required, ordered or directed, until full and final disposition of the case, to plead, to answer and defend as ordered the aforesaid charge or charges. (2) Submit himself to all orders and processes of the issuing authority or Court. (3) The DEFENDAND and SURETY must give written notice to the issuing authority, Prothonotary, District Attorney and Court Bail Agency of any change in his address within forty- eight hours of the date of his change of address. (4) Comply with any specific requirement of release imposed by the issuing authority or Court, such as a satisfactory participation in a designated program. (5) Neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by Crimes Code section 4952 (relating to intimidation of witnesses or victims) (18 Pa. C.S. ~~4952, 4953). (6) Obey such other condition as the Court, or Court Bail Agency with leave of issuing authority or Court, may impose. If defendant performs the condition as set forth herein, then this bond is to be void, otherwise the same shall remain in full force and this bond in the full sum thereof shall be forfeited, And further, in accordance with law, we do hereby empower any attorney of any court of record within the Commonwealth of Pennsylvania or elsewhere to appear before us at any time, and with or without declarations filed, and whether or not the said obligation be in default, to confess judgement against us, and in favor of the Commonwealth of Pennsylvania for use of the aforesaid County and its assigns, as of any term or session of court of record of the aforesaid County for the above sum and costs, with release of all errors, without stay of execution, and inquisition on and extension upon any levy or real estllte is hereby waived, and condemnation agreed to, and the exemption of person property from levy and sale on any execution hereon is also hereby expressly waived and no benefit of exemption is claimed under and by virtue of any exemption law now in force or which may be passed hereafter. And for so doing this shall be sufficient warrant. A copy of this bond and warrant being filed in said action, it shall not be necessary to file the original as a warrant of attorney, any law or rule of the Court to the contrary, not withstanding. ~.....," 1"1,-0;',, '" '.".'.'.~..".''"'''.~.'~~... ,.' ....,'" 0, _,,," '0__, __" }...:.:::,..;........:.;'...... .... ......'........ ",,; -,': " ""U :,,,-'" f; '" ," :/~,,-' ~' '~,j- ."<'<,POWER..OFATTORNE~. ";';'>" ' ',I,,, ""J. ,"-'~"" ,,',' """"h.~,:k>.' 'h,."" b','dl'"icj""""'-',;!I"Ml"~,(bj",,kt'E!l,-_ if'g;-- >:S~#"Y: .~04~W" '81.1;:0"1$: ,-',' "',,,, Ai"EI.SUALTY CORPORATION y, Su:ite '200' , 5 :$15,'000.00 ,-,;-;--,iJ',n""'_'n" -- ',' pyrpose a~d:its' cor'pd'rate" seal ,to be hei~ci-IJJQ, affi~e'ti'-this 80ndA.mOu~l$ iSOO.~ ...... .... :::,:::nl ~~~\ () C(t'~~f .'" Pourt.t,(",lr~Q\-~{V\M Ut.et<) Ca~;No. n '"" , ,:n' ~r.. .r.~..'.............k...'.'..,. . ...,....., ..,' Oity.. . . "'\!' State 'gor, thola'1laqJjbe.1'tale ~esoltltiQn'h'a'~'ii(~fjj_efin , " ''''',''~ _~j'Il,~~ctro:rJl,,' orn$;y~\n~F~9t'~, 0 wypients'::pr~ ~t~;~.:~~~~~~~~~\': li\;~r~. 'i.' ~:,.~l~~f;a~~~' ~r~Y~'~~9,fijled -to 'offidelr; proper for:t~~," ()o- """" , un J:;--,- -"'~,>-;;-' ,\n ,~r.' .',' /, __", '- ,c'-v::; -- J~:~~!~rt~f!4ilt{ptll~T . Rewrite, origi~WNQ. ~ Exocuting Agontj~tl~wv..0~'yVy~~'l(.;J~1 ;--'i<: NAME B6 - 23A (08/99) tr :::J o () a: o LL >- Q. o () '''J ~ '< '^''--'^ . AMANDA 10 (SCHLEY) BARBOUR, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8640 CIVIL TERM MICHAEL LEE TALBOT, Defendant : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. ^^" ~ . A hearing on this matter is scheduled on the l.. day of. 2002, at ;:J. .30 m., in Courtroom No.3 of the Cumberland County Courthouse, 1 Courtho Sq re, Carlisle, pennSYI~~a. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fme of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~ 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. .. J'. .'= I , . ',' . MANDA 10 (SCHLEY) BARBOUR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-8640 CIVIL TERM MICHAEL LEE TALBOT, Defendant : PROTECTION FROM ABUSE AND CUSTODY EXTENSION OF FINAL ORDER OF COURT Defendant's Name: MICHAEL LEE TALBOT Defendant's Date of Birth: June 8,1976 Defendant's Social Security Number: 207-60-7014 Name of Protected Person: AMANDA JO SCHLEY AND NOW, this 21 st day of June, 2002, upon presentation and consideration of the attached Petition for Extension of Final Order of Court, the court hereby enters thefollowing Order is entered: The Final Order of Court entered on December 21,2000, shall be extended beyond the expiration date of June 21, 2002, such that it remains in full force and effect for 18 months, through December 21, 2003, or until further Order of Court after the hearing scheduled in this case. Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months injail. 23 Pa.C.S.~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6113. Defendant is furthernotified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C.~~2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) ofthe Pennsylvania Consolidated Statutes. This Order shall be enforced by the police who have jurisdiction over Plaintiffs residence or any locations where a violation of this order occurs or where Defendant may be located. If Defendant violates this Order (see attached Exhibit A), Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation ofthis Order or during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, Judge David A. Lopez, Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 or 800-822-5288 I, "~" . '" . , .,.,.., "'~ , -~ F! i!"i" 0.') JWI "I if>,";, 4: 01; t:... ",..,1(_ GUMi.33'.Ud) COUNTY PENNSYLVANiA ~ <:)I.O~ v';;l!.o;;) w.~~ -$ ~<, p.1ft ~ ~ ~ ~ a..4 ;;I"~ Z~ /.S.,;P. qL ~-:,17. ,. " , --;.~'-~~'" , ""''''X'''''''''''''_-, ~1 1 Il):~'~'~~~~\ts;~1;~""~ -", ' Mi'R1~na. !'[1",5;.~"'~II, ,~~,,>,} ,_ ~,,\^',, ~~'!ll~U!,,~,,!::,: ~~-;t:,:,dt::~ --1-- -~ _-~ - 0 ' --,'--rj ~-~ .,t'-'~ AMANDA 10 (SCHLEY) BARBOUR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-8640 CNIL TERM MICHAEL LEE TALBOT, Defendant : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR EXTENSION OF FINAL ORDER OF COURT 23 Pa.C.S. ~6108(e) Plaintiff, Amanda Jo (ScWey) Barbour, by and through her attorney, David A. Lopez of MidPenn Legal Services, states the following: 1. AFinaI Order of Court in 1he above-captioned case was entered onDecember21, 2000, pursuant to consent ofthe parties. The Final Order of Court expires on June 21, 2002. See attached Exhibit A, incorporated herein by reference. 2. In or about January 200 1, Defendant telephoned Plaintiff several times at her place of employment at the Glendale Lodge (now Ramada Inn in Carlisle). Fearing for her safety, Plaintiff reported the telephone calls to the Middlesex Township Police. 3. On or about February 2,2001, Defendant repeatedly telephoned Plaintiff at her residence in violation of the no contact terms of the Final Order of Court. Plaintiff reported the telephone calls to 1he Carlisle Police, the police filed Indirect Criminal Contempt charges against Defendant, and a warrant for his arrest was issued. After several months passed without being able to locate Defendant in Cumberland County, the Cumberland County District Attorney's Office was informed that Defendant was in another state. Plaintiff ~_.1 6. was advised, and agreed to the matter being dismissed. In or about April 2001, Defendant telephoned Plaintiff at her residence several times, and eventually told her where he was living in North Carolina and gave her his telephone number. When Plaintiff told Defendant that she was going to give the information to the police, and told him not to call her anymore, Defendant became angry, called her a fucking bitch, and threatened that he would get her when he returned to Carlisle. On or about June 5, 2002, Defendant followed Plaintiff several blocks as she walked home with her baby, causing her to be alarmed, and said, "See you in 2 weeks." When Plaintiff asked Defendant what he meant, he threatened her saying, "Your restraining order will be up and I'll catch you alone somewhere," causing her to fearing for her safety. On or about June 19,2002, Defendant stopped his bicycle on the street in front of Plaintiffs residence when he saw her on the porch, and threatened that he was going to come to her home on Sunday (June 23) and get the parties' child, no matter what she said. When Plaintiff told Defendant to leave, he became angry, put his bicycle down, and walked toward her. Fearing for her safety, Plaintiff went into the house and called the police. The Carlisle Police responded. A warrant was issued for Defendant's arrest for Indirect Criminal Contempt, and he was arrested. Defendant was arraigned, his bail was set at $2,500, and he was taken to Cumberland County Prison. Defendantposted bail onJune 20, 2002, and was released from prison. A hearing 4. 5. - - , ~-~ -',]'::-;' is scheduled before Judge Hoffer for Wednesday, July 3, 2002, at 2:30 p.m. on the Indirect Criminal Contempt charges. 7. On June 20, 2002, within hours after he was released from prison, Plaintiff saw Defendant standing in front of a house about half a block away on the same side of the street as her residence, watching her home. Since the incident on June 5, 2002, on almost a daily basis, Defendant has visited the home on the street near Plaintiffs residence, often standing on the sidewalk, straddling his bicycle, watching Plaintiff s residence. Fearing for her safety, Plaintiff has not gone out of the house alone nor taken her baby for a walk since June 5th. 8. Plaintiff fears that Defendant's on-going violations of the terms of the Final Order of Court and his recent threats as listed in the within Petition indicates a confirmed risk of harm to her, and she fears for her safety when the Final Order of Court expires at midnight tonight. Plaintiff requests that this Court extend the Final Order of Court entered on December 21, 2000, and keep the Order in full force and effect for 18 months from the date of the hearing. WHEREFORE, Plaintiff asks that the Final Protection From Abuse Order entered on December 21, 2000, be extended beyond the expiration date of June 21, 2002, such that it remains in full force and effect for an additional 18-month period. David A. Lopez, Attorney fI P i tiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 I" -, ",. , . VERIFICA nON I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subjectto the penalties of18 Pa.C.S.{l4904, relating to unsworn falsification to authorities. Dated: j\.xu 8L J..(o,6J.. ()vMlA1\oI~Jo04J Amanda Jo Barbour, Plaintiff ~ l , ~- ~ AMANDA 10 SCHLEY, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law ; No. 00- ~C.{D MICHAEL LEE TALBOT, Defendant : Protection From Abuse and : Custody , FINAL ORDER OF COURT Defendant's Name is: MICHAEL LEE TALBOT Defendant's Date of Birth is: June 8, 1976 Defendant's Social Security Number is: 207-60-7014 Name(s) of All protected persons, including Plaintiff and minor children: L AMANDA JO SCHLEY AND NOW, this 21st Day of December, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff; Amanda Jo Schley, is represented by Joan Carey of Legal Services, Inc.; Defendant, Michael Lee Talbot, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protecte person in any place where they might be found. EXHIBIT I~ "'~ L, " "-,,, . , r- ,. 2. Defendant is completely evicted and excluded from the residence at: 152 East Chapel Avenue Carlisle, PA 17013 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's schoo~ business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence and any other residence she may establish for herself dnring the term of this Order. Plaintiff's current place of employment or any other place where she may be employed for the term ofthis Order: Weis Markets 351 East High Street Carlisle, PA 17013 The day care facility of the minor child. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: 1. TYLERMICHAELTALBOT shall be as follows: . Primary physical cnstody of the minor child/ren is awarded to the Plaintiff. . Defendant shall have supervised visits with the child, iu the presence of his maternal grandmother, Lenora Everitts, or Defendant's father, Guy Talbot. on dates and at tiInes mutually agreed by the parties. ~~.L .~. - -." ,; =rr _~ The third party designated ~o supervise Defendant's visitation with the child sha~ commnnicate with Plaiutiff regarding custody arrangeilients. I , 6. The following additional rcliefis granted ~ authorized by ~6108 of the Act. I - Defendant is prohibited from having aJiy contact with Plaintiff's relatives. Defendant is ordered to refrain from h rassing Plaintiff's relatives. I , Defendant is enjoined from damaging 0.. destroying any property jointly owned by the parties or owned solely b~ Plaintiff. i The court costs and fees are waived. 7. The costs of this action are waived as to t~e Plaintiff and imposed on Defendant, as follows: I $250 for Plaintiff's Hilfiger winter jackel which Defendant took from her during the incident which occured on o~ about November 1, 2000. , i 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specrl- ed hereafter: ~ CARLISLE POLICE DEPARTMENT I , I , 9. THlS ORDER SUPERSEDES: L ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. All pro",,",", of im, 0"", """ ""'"' t J.., 21, 2002 I NOTICE TO THEIDEFENDANT .,,1'-' -~ ' '"' , .~"' L VIOLATION OF TIllS ORDER MAY RE~T IN YOUR ARREST ON THE CHARGE OF INDIRECT CRlMINAL CO MPT WIllCH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIIf SENTENCE OF UP TO SIX MONTIfS. 23 PAC.S. 96114. VIOLATIONfMAY ALSO SUBJECT YOU TO PROSECUTION AND CRlMINAL PENAL~IES UNDER THE PENNSYL VANIA C~SCODE. ! ; I TIllS ORDER IS ENFORCEABLE IN ALLlFIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE .' I COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. 92265. IF YOU 1fA VEL OUTSIDE OF TIIE STATE AND INTENTIONALLY VIOLATE TIllS IDRDER, YOU MAY BE SUBJECT TO FEDERAL CRlMINALPROCEEDINGS m1wER THAT ACT. 18 U.S.C 992261- 2262. IF THE BRADY INDICATOR P ARAp-RAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PfOSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF ifHE GUN CONTROL ACT, 18 U.S.C. 9922(G), FOR POSSESSION, TRANSPORJ OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the pl4tifi's residence OR any location where a violation of this order occurs OR where the d .fendant may be located, shall enforce this order. An arrest for violation ofParagrap 1 through 5 of this order may be without warrant, based soley on probable cau e, whether or not the violation is committed in the presence of the police. 23 P .C.S. 96113. ~ Subsequent to arrest, the police officer shall s ize all weapons used or threatened to be used during the violation of the protection ord~r or during prior incidents of abuse. The shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for LOlation of this order, the defendant shall be taken to the appropriate authority or ap~hOrities before whom defendant is to be arraigned. A "Complaint for Indirect Crimiqal Contempt" shall then be completed and signed by the police officer OR the plaintif[ Plaintifi's presence and signature are not required to file the complaint. I I If sufficient grounds for violation of this order \ire alleged, the defendant shall be I I , I . - " ,_,,, ~_,cid,,' ",-, , ~'~ <'.' - - , ' ,~ I~, .r--- . arraigned, bond set and both parties given notice of th~ date of the hearing. ^'"""" 10 s~ 1 " / ~, Attorney fm aintiff If entered pursuant to the consent of Plaintiff anQ Defendant: !!)J1M /J't-L,,/ -Z:-~ Michael Lee Talbot, Defendant c/o Lenora Everitts 323 Wolfs Bridge Road Carlisle, PA 17013 Distribution to: Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. Michael Lee Talbot, Defendant FAXed and mailed to PSP ~ r~~4JE COP''( FROM RECOmJ In Tit~lh~IOIW Wh"'1'M1 i "~f" lJ"t" ~f!i '1"\1 !'llm" "t...-_ l ',ii' ,q ',"l.{.~ ~ ~I;l;,~..... .. '\<! """"',> ..s"" ' __, IYI a~;K~ H~a ~~(Uli Q'f ~J.a~d G(~~~1 ~I C&lr~~u~~:, ~~. Hils. (~~abt- ~~:'t~- ProthonotafY . ~1'1'-~"'- "-'';'~'"llliMji!I'''iM;)!ii1l!H~IIlIiil~''~-ii''$;:w.~ti~~~>''''';''';"''~,,;~~,:; ,~ ~~~~ ~~P~," ~iIIlil' ,. -~ ,~ "'~ ,.., ".,,",, ~ .'. ,'". . (") 0 CJ C f"--..) '~n ~ .,.>0 ,~ ~. -on~ S2S-1 ~~"'" Ze- N !~; C) ~~; ~\) ~ ...... 1 ,.__ 7{...1 W "- n C) .,:-; L. .j.) )'> -j CD -.. G.') -< , ,-~_. ~'~":'" -L,. "~'O 0"; 'UI!ii;U, 06/21/02 FRI 15:33 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 *~************~~*********** *** MULTI TN REPORT *** *************************** TX/lU. NO INCOMPLETE TX/RX TRANSACTION OK 3192 01]9p2490779 03]9p2405331 04]92438026 PSP CP LS ERROR OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, P A 17013 .3387 (717)240- 6195 FAX (717)240 - 6573 VIA TELECOPIBR TO: PA STATE POLICE - CENTRAL PROCESSING MrrDPENNLEGALSERVlCES FAX # FROM: CURTIS R. LONG RE: FAXING A PFA MESSAGE: 8 NO. OF PAGES (INCLUDING COVER SHEETS) This message is intended for the use of the individual or entity to which it is addressed, and it may contain Information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that lII1Y dissamination, distribution or copying of tbis commullication is strictly prohibited. If you have received this communication in error, please notify us immediately hy telephone and return the original message to US at the above address via the U. S. postal service. Thank you l"~"'.k.~.~" .. c I, ._...... .1" " =-"11!.;;~,~ . MON 09'.35 FAX 717 240 6573 06/24/02 CUMB CO PROTHONOTARY 141001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 3193 9p2490779 PSP 06/24 09:33 01'56 5 OK ()(.T[ 0, OF" 111E PR0TI1Cl'.OTMIY CL.Mlll:'RUWD mMry COURnK:(JSr.: CN[ o:xJR'THCUSE $QUAm; CARl. [sue;" PA. (7013 - HIl7 PIl) 240-6195 F"AX (717) 240-6573 v [A T g L E COP ~ E R TO: psp, PAY. ": .- ~: CORTIS R. LONG RE: MESSAGE : '-- ~1:..!:Ye faxed - ---.L1idre s'> J r.-~d Q k Skul F;"frJ h-, 'cI4 oS &+'r4~c:( ar-de,r L~af S@r(jl~.-e.~, fclQ1e J.-ALEflf:s 'j- f1.U.'l._._ "'----- ..~ NJ. Of' PAGE;s (I~r..onING CO\IER SH~) ~ ",. <F~'~.- ~ ... , " ",", SHERIFF'S RETURN - REGULAR CASE NO: 2000-08640 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCHLEY AMANDA JO VS TALBOT MICHAEL LEE JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon TALBOT MICHAEL LEE the DEFENDANT , at 1826:00 HOURS, on the 21st day of June , 2002 at 121 WALTON AVENUE CARLISLE, PA 17013 by handing to MICHAEL LEE TALBOT a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 ~~~-t:~ R. Thomas Kline 06/24/2002 LEGAL SERVICES Sworn and Subscribed to before By: ff w me this 6 ~ day of ~ ~..?- A.D. ~ D_ ~ .o/i rothonotary . ~.Ii..ij~ , , "...~ ... ,,'. , ",~ "'.;.-,'" "~fi.! - AMANDA 10 SCHLEY, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law : No. 00- MICHAEL LEE TALBOT, Defendant : Protection From Abuse and : Custody No. 00-8640 FINAL ORDER OF COURT Defendant's Name is: MICHAEL LEE TALBOT Defendant's Date of Birth is: JuneS, 1976 Defendant's Social Security Number is: 207-60-7014 Name(s) of All protected persons, including Plaintiff and minor children: 1. AMANDA JO SCHLEY AND NOW, this 21st Day of December, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: PlaintnI: Amanda Jo Schley, is represented by Joan Carey of Legal Services, Inc.; Defendant, Michael Lee Talbot, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff's request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ~..... ~~ .:. - ,1~ l' - 2. Defendant is completely evicted and excluded from the residence at: 152 East Chapel Avenue Carlisle, PA 17013 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence and any other residence she may establish for herself dnring the term of this Order. Plaintiff's current place of employment or any other place where she may be employed for the term of this Order: Weis Markets 351 East High Street Carlisle, PA 17013 The day care facility of the minor child. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: 1. TYLER MICHAEL TALBOT shall be as follows: . Primary physical custody of the minor child/ren is awarded to the Plaintiff. . Defendant shall have supervised visits with the child, in the presence of his maternal grandmother, Lenora Everitts, or DefendaBt's father, Guy Talbot, on dates and at times mntually agreed by the parties. , "~"-'- ~- ~ .~ ":"" ~, , Tbe third party designated to supervise Defendant's visitation with tbe cbild sbaH eommunicate with Plaintiff regarding custody arrangements. 6. The following additional relief is granted as authorized by ~6108 ofthe Act: Defendant is probibited from baving any contact with Plaintiff's relatives. Defendant is ordered to refrain from barassing Plaintitl"s relatives. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or owued solely by Plaintiff. Tbe court costs and fees are waived. 7. The costs of this action are waived as to the "PIaintiffand imposed on Defendant, as follows: $250 for Plaintiff's Hilfiger winter jacket wbich Defendant took from ber during the incident which occured on or about November 1, 2006. 3. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: CARLISLE POLICE DEPARTMENT 9. THIS ORDER SIJPERSJjDJjS: 1. ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO ClllLD CUSTODY 10. All provisions of this order shall expire on: June 21, 2002 NOTICE TO THE DEFENDANT ~'i'~L '0,"_-- I,. .~~ , .'- ,~~'".i'" 'i..,,~., "'>' , , - VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTIIS. 23 PAC.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTlES UNDER THE PENNSYL V ANlA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRWAL LANDS, US. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 US.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TIllS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 US.c. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 5 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used .during the violation of the protection order or during prior incidents of abuse. The shall maintain possession of the weapons until fiuther order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be . ;/l~_ . - ,O~_ I ,. , ,~ - -. ~_w'\ . . . arraigned, bond set and both parties given notice of the date of the hearing. If entered pursuant to the consent of Plaintiff ano Defendant: l1/fiMM, ~ S~~ .PI~,~ ~~ _ Jo S~.tiff Michael Lee Talbot, Defendant ~ c/o Lenora Everitts ! / 323 Wolfs Bridge Road olin Carey,. Attorney fot aintiff Carlisle, PA 17013 Distribution to: Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. Michael Lee Talbot, Defendant FAXed and mailed to PSP . , -,",. ~!ffl1 .,," 7 Y'~'_ _",j, ",,~~ " ~ O'~I'" ii~ -. r'--' l""t-" aU ul:L!1.; :1. , Q. I Q }-Ll U. u wJ C' I' "'1' !y, ,,-',, 'NrTY I..Jhi1b.:.,"";u",,'iU '-,.)'."Jdl' PENNSYlY/\NiA . ',.,,_"j'_ .~'_'~ ~~" -.H ,-,- ,",'+-"""0 """""""'''''''"''''1 "~-",' ',. I. "",k'--h.'/" - "i ~ ~ ~ ~ ~.~ (\' ~., ~ I~ \ 1\ J '1 J<~j ~~~~Ml^_. _~~,~._lijflll!llll'l',~_~....,.~,_,_)_l{!\i1'llJ{'W"~~~)jl"'';1'~,''''j,t'',''!'''!:"1'-;jj~>'f119!liJ'li\i!f~lIomfl~I"lif\ii~J1''F'i;-i'jil;'''!!1'ffljm~[I~li\~!~~ ,"'...t ~~' ' ,. "l~, .,12/::6,100 TlJE 12: 58 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 . $$$$*$$$******************$ *u MULTI TN REPORT u* ************$$*$*$$$$$$$$$$ TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2360 [ 01] 9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR . OFFICE OF TIlE PRO'l'HClIOrARY CUMBERUIND OXJNI'Y COUR'IHaJSE ~ ONE COORTHaJSE SQUARE CARLISLE. pA. 17013-3387 (717) 240-6195 FAX I: psP LS .J . C e fl{ (0 I Ir OCt' 55 fI1j Q-cl4o- 5331 FAX (717) 240-6573 V I ATE LEe 0 PIE R TO: .., ffiO-I : CURTIS R. LONG RE: fJ FA OrJeV-5 MESSAGE : . ~ 00. OF PAGES (INCr..ooING COVER SHEET) 1l1.is ~ is inta"d:;d mly fur- lie \..Se of tIB irrlividwl a:: mtil;y to wtidl is is.d:h. d. ad nay cmt1lin ~ tret is p:'i01.eg;rl. anfiJ:Entia1 arl ~ fa;m n;....'=1T8 ~ ,,",';'"*>1" 1&1. (f tte trek of this II--"'J' is rot tie intert;rl J;ECipimt. )0..1 are tee:y rotified ttat CI:lY cJ.i.s;eIl1irat.kn, dist:ril:IJt:im cr awirg of this anm.niJ::ati01 iB strictI.y p:ctribitB:i. If)O..l h:M! ra::ciuod thIS cmmnir.3::im in eo:IX". pl.e;e3 rotify t.S inmrliat:ely Of leI.eJ;h:re aU telual tl:e a::igiIBl1I~"9" to LS at . ~ ~ ..... .... . , -w:.../.I I '1 .,,{-.o ' .' ,'", '~" - .'L",'C ~ AMANDA 10 (SCHLEY) BARBOUR, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYL VANIA v. : Civil Action - Law : No. 00-8640 MICHAEL LEE TALBOT, Defendant : Protection From Abuse and : Custody No. 00-8640 CIVIL ACTION - LAW PROTECTION FROM ABUSE AMENDED AND EXTENDED FINAL ORDER OF COURT Defendant's Name is: MICHAEL LEE TALBOT Defendant's Date of Birth is: June 8, 1976 Defendant's Social Security Number is: 207-60-7014 Name(s) of All protected persons, including Plaintiff and minor children: 1. AMANDA JO (SCHLEY) BARBOUR AND NOW, this 3rd Day of July, 2002 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff's request for a Final Protection Order is granted, after hearing upon finding abuse within the PF A Act. Plaintiff, Amanda Jo (ScWey) Barbour, is represented by Joan Carey of MidPenn Legal Services. Defendant, Michael Lee Talbot, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition for Extension of Final Order of Court. Plaintiff's request regarding the amendment of Paragraph 5 of the Final Order of Court ;~ , I I I !''''''''II ~ 0, ..n'H,., ,.,. , -<" ."~ "." "'-',~'-- -,-"'~=- ~- .~, '"',.-< 4'-'<.C.=' '~ "~..-.-~=- i: r"r'\ ,~. ..,.1:<""\')1'1. -",i I~" , ,,> ./i.l ' _iL. d,.,,_ ......) to,-~, " r.t: fI'; .~ CiU'{\'i';::"'-':"['; "",.", _ . .v,.....!", ""',..) 1."'"''1''' -. ,'-, ".. ,:. j'\ ' , PE-'!"'QV'\";I,~:.I 'J 1\1 nJ J L.'//i.~\i/\ ~ --~- ~ ~,..."",..,,~~::!{ ,'\,,',",c,';~f<.-,'"!.1~'"' '<'h',~~.~~'*~~" lJ!i!~I!fi'~,"\M~~ - I _ _ . ,-,--t, "';'\'} . . ... entered on December 21,2000, regarding supervision of Defendant's visits with the parties' minor child, TYLER MICHAEL TALBOT, is granted. Defendant shall have supervised visits with the child through the Carlisle YWCA's Supervised Visitation Program. Both parties shall contact the Carlisle YWCA's Supervised Visitation Program separately immediately following the entry of this Order to schedule individual intake appointments with program staffto initiate a visitation schedule. Plaintiffs request for an amended and extended final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 152 East Chapel Avenue Carlisle, P A 17013 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence and any other residence she may establish for herself during the term ofthis Order. Plaintiff's current place of employment or any other place where she may be employed for the term of this Order: Weis Markets 351 East High Street Carlisle, P A 17013 The day care facility ofthe minor child. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. " I _",,'n, . , ,- 5. Custody of the following minor children: 1. TYLERMITCHAELTALBOT shall be as follows: . Primary physical custody ofthe minor child/ren is awarded to the Plaintiff; . Defendant shall have supervised visits with the parties' minor child through the Carlisle YWCA's Supervised Visitation Program. Both parties shall contact the Carlisle YWCA's Supervised Visitation Program separately immediately following the entry of this Order to schedule individual intake appointments with program staff to initiate a visitation schedule. 6. The following additional relief is granted as authorized by ~6108 of the Act: Defendant is prohibited from having any contact with Plaintiffs relatives. Defendant is ordered to refrain from harassing Plaintiffs relatives. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. The court costs and fees are waived. 7. The costs of this action are waived as to the Plaintiff and imposed on Defendant, as follows: $250 for Plaintiffs Hilfiger winter jacket which Defendant took from her during the incident which occured on or about November 1, 2000. 8. A certified copy ofthis Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: CARLISLE POLICE DEPARTMENT 9. TillS ORDER SUPERSEDES: 1. ANYPRIORPFAORDER 2. ANY PRIOR ORDER RELATING TO CillLD CUSTODY 10. All provisions of this order shall expire on: ..._~ _~,11wo", ~ 3 , 2-oD\.f NOTICE TO THE DEFENDANT VIOLATION OF TillS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYLVANIA CRIMES CODE. ~ d.-..,,\b" U~ ~\\ TillS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265.1F YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TillS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 5 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence ofthe police. 23 Pa.C.S. ~6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed , ' . , ;'~". ~,~-" " ,-- - ~,',~ ,.;. -- , , . , and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. Ifsufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. If entered pursuant to the consent of Plain~efen::.::e --,t;l M-- ~a~ctI .) lJnMO{[A \ ,&fA'.. . Plaintiffs Signature Defendant's Signature Distribution to: Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ~ Michael Lee Talbot, Defendant pro se ~ 1-3 _o.t- 121 Walton Street c..n Carlisle, PA 17013 Faxed & Mailed to PSP ,C- p.;-. /VI f7 J, 5 y! " !1~, ,_ ~,__, ',P,,'-, ',' . , < O"~ ^ ,,-"-,'," ," '. '~,,'.-~", - '" ""~"-' ,,' ~, ",~ .. ,~ ,,,,.,- Re+.'/ea :::rLlly I d... dCXJ:2 o.:l tf,'XJ p. Jv1, en , ,,:"'i\!':)ll,RY 0/ 1["', ",. ,,- U i._ bJ prl r.;~ Of CU".""" ""C~ i J" "''-,:=hLI\I\,j CnUN'Y Pi:NNSYLVANIA ' ~ ~~ ~j'J. ~fJ..~ ~ ~ L ~._-~ r!~~~~. .~ ~~ t/.a. ~1 t5 M aX 4.;;JO r> /l4 tffl H /~. .;2m~. ~ uJ-uL ~~ ~ ~if. ~ t~" ')"- ~ ~~ IAU( "$ /!s.,,;O 0/' ./:,.?: t2_~ ~ ~1!.5,/: ~yart .AJe~~~ ~'/~Z: ~s: Ii - r ,..., '" ..".'.. ".,.,. ~"':,' !-", e" >_, ]JW~i!lI!~~ '" ~~~,~, __._' ~~~;;~~~~:'w._ ,"",4''',iii!!H!~1t!ii!!!~, ,~" ~',~.- "",~, ,"",J,~ .~""--_...."" ";"F" ""'~ I. t~ <~ AMANDA 10 (SCHLEY) BARBOUR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-8640 CIVIL TERM MICHAEL LEE TALBOT, Defendant : PROTECTION FROM ABUSE AND CUSTODY CUSTODY ORDER ~ AND NOW, this~ day of July, 2002, the following Order is entered by consent of the parties with regard to custody of the parties' child, TYLER MICHAEL TALBOT. 1. Plaintiff, hereinafter referred to as the mother, shall have primary physical and legal custody ofthe child. 2. Defendant, hereinafter referred to as the father, shall have supervised visitation with the child through the Carlisle YWCA's Supervised Visitation Program. 3. Father and Mother shall contact the Carlisle YWCA's Supervised Visitation Program separately immediately following the entry of this Order to schedule individual intake appointments with program staffto initiate a visitation schedule. 4. The mother and father, by mutual agreement, may vary from this schedule at any time, but this Custody Order extends beyond the expiration of the above-captioned Extension of Final Order of Court and remains in effect pending further Order of Court regarding custody. - i: " , ,u. 1 . This Order is entered pursuant to the consent of Plaintiff and Defendant: uJY)]lM1da Jo ~lM101W Amanda Jo Barbour, Plaintiff ~~~ Michael Lee Ta bot, Defendant Carey, Attorney for idPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 ~ , '~,. '" i n~) ~!ll "'w... V,.l~ . I,' nARY -, " P,,; . .. I . .. r -I. lib CU'".i..:'l"/::'..,., '".'.' J '_I.... .1-,."""" ' 'f ,r 'i.J"" .... ,_. -- ;~... F, 'F ]1\ f ~ r't:r.I/\ISVL\f": 1':-1'" 'I . ~ I II....;WA . '._~_.""..",,, - '7' ..~..". '"I"'_='""_''''_~ '" .'~" '_'0 " '"~ r V ",--,' -,~ -., '~_rn~" ~+"'J~.:~~ro: -~ x.~~~~o;Jf~~~4,llrJUW~.l or. .!>lJ;I,jll~:t..,,",,_r;=!;~'rJR.'!f"'~~ ~...._- _~,_,...;. .J . ..., "L'",' <.,.j " ~~1.WIfoI~~ 07/03/02 '~D 15 :.51 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 *************************** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 3221 [ Oll 9p2490779 [ 03]9p2405331 [ 04]92438026 PSI' CP LS ERROR OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTIIOUSE SQUARE CARLISLE, PA 17013.3387 (717) 24 0 - 6195 FAX (717) 240 - 6573 VIA TELECOl'lER TO: PA STATE POLICE. CENTRAL PROCESSING MlDPENN LEGAL SERVICES FAX # FROM: CURTIS R. LONG RE: FAXING A PFA MESSAGE: 12 NO. OF PAGES (INCLUDING COVER. SHEETS) This message is intended fOT the use of the individual or entity to which it is addressed, and it may contain Infonnalion that is privileged, confidential and exempt from disclosure WIder applicable law. If the reader of this message is not the intended reciplcnt, you are hereby notified that any dissaminatiOn, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephOne and return the original message to us at the above address via the U. S. postal service. 1b.ank you ','-..'" """,,<, A "~> AMANDA JO SCHLEY, Plaintiff V. MICHAEL LEE TALBOT, Defendant , ,",. -. '--" . --'~""""Im.~:_;,,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8640 CIVIL PROTECTION FROM ABUSE IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, July 3, 2002, Michael Lee Talbot, having appeared in open court on a petition alleging indirect criminal contempt of our prior PFA order, and the defendant having admitted that he did violate the order by having contact with the plaintiff, we do find the petition to be supported beyond a reasonable doubt and we do find the defendant to be in contempt of court. At the recommendation of the District Attorney, sentence of the court is that the defendant pay any costs associated with the filing of this petition and that he be placed on supervised probation for a period of six months. Michael W. Mervine, Esquire Assistant District Attorney Jessica B. Rhoades, Esquire Assistant Public Defender probation Office Sheriff Victim Services :mtf By the Court, P.J. _ ~ ~ 7/"/P., ..g . f. ~,"".w..,U.N","dilli!llli'''' "'-~^~~~. ~' ~ .....~I .~.., ~" ~, -=li11'''f,~;'~" CERTIFICATICN OF pm <X'Nl'FMPl' CASE tUmER 00- ~(p 4-0 . NAME /l.,{rc.hae./ [ e ICl{ hot VICTIM'S NAME: ~. JO ~cJtle.y BALANCE DUE: $ (q (, % ADD DELETE 170 STATE SURCHARGE $ J~--=c:.o $ 171 STATE FINE ~ $ 260 SHERIFF COST ($1.50 + ADDTLl $ qO. q 5' $ 207 DISTRICT ATTORNEY $ 15.00 $ 204 COURT COSTS (CLERK OF COURTS) $ 15.00 $ 502 REST=-~N ~ _4-0: ~ NAME ru D W3 $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP 'romONOT^" omeB :d J ~ ~ PERSON CERTIFYING INFO~ATION .. ~/... lVt DAT ~ - g - OJ, .~rg'