HomeMy WebLinkAbout01-1781 FX
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Pamela Lou Noel,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
vs.
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 01-11<61
CIVIL TERM
Charles Lavern Noel,
Defendant
: PROTECTION FROM ABUSE
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.
:J' A hearing on this matter is scheduled on the "':3,;uVdayof ~ ,2001, at
.30 ((m., in Courtro!,m No. ...... '3 on the 4th Floor of'the Cumberland County
Courthouse, Courthouse Square, Carlisle, Pennsylvania.
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. 96114. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18
U.S.C. 92265, 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 V.S.C. S 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)+49-3166
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.
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Pamela Lou Noel,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
Charles Lavern Noel,
Defendant
: No. 01-1111
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Charles Lavern Noel
Defendant's Date of Birth is: February 25,1958
Defendant's Social Security Number is: 280-56-6629
Narne(s) of All protected persons, including Plaintiff and minor children:
1. Pamella Lou Noel
AND NOW, on ~~? Jattpon consideration of the attached Petition for
Protection from Abuse, the court hereby enters the following Temporary Order:
Plaintiffs 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.
2. Defendant is prohibited from having ANY CONTACT with 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.
The Plaintiffs residence located at 334A Old Stonehouse Road, Boiling
Springs, Pennsylvania and her places of employment located at Messiah
College, 1 College Avenue, Grantham, Pennsylvania, and The Bon Ton,
Fernwood Avenue, Camp Hill, Pennsylvania.
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3. The following additional relief is granted:
The Cumberland County Sheriff's Department shall attempt to make service
at Plaintiff's request and without pre-payment of fees, but service may be
accomplished uuder any applicable Rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and forwarded
to the Sheriff for service. The Prothonotary shall not send a copy of this
order to Defendant by mail.
This order may be extended beyond its original expiration date if the court
fmds that Defendant has committed another act of abuse or has engaged in a
pattern or practice that indicates continued risk of harm to Plaintiff.
Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
Defendant shall refrain from harassing Plaintiff's relatives.
4. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Pennsylvania State Police-Carlisle Barracks
Upper Allen Township Police
Lower Allen Township Police
5. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy ofthe 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.
6. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL SEPTEMBER 27,2001 OR UNTIL
OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER
NOTICE AND HEARING.
NOTICE TO THE DEFENDANT
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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. g6114. Consent of the Plaintiffto 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.
g6113. Defendant is further notified that violation ofthis Order may subject hirnlher
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 D.s.C. gg2261-
2262.
NOTICE TOLAWENFORCEMENTOFnCULS
This Order shall be enforced by 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. If defendant violates Paragraphs I through 2 of this
Order, defendant shall 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 oflaw
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 Sheriffs 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 :igenc officer made the
arrest.
BY
Judge
"'OF
Distribution to:
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17103
(717)243-9400 or 1-800-822-5288
Faxed & Mailed to PSP
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PFAD Number: RDI218655P
Pamela Lou Noel,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYL V ANlA
v.
Charles Lavern Noel,
Defendant
0). /11'1 Ce;.,J -r~
: No.
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is:
Pamela Lou Noel
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Pamela Lou Noel
4. Plaintiff's Address is : 334A Old Stonehouse Road, Boiling Springs, P A 17007
5. Defendant's Name is:
Charles Lavern Noel
6. Defendant is believed to live at the following address:
905 Allenview Drive, Mechanicsburg, P A 17055
7. Defendant's Social Security Number is:
280-56-6629
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8. Defendant's Date of Birth is:
February 25, 1958
9. Defendant's Place of employment is:
unemployed
10. Defendant is an adult.
II. The relationship between the Plaintiff and the Defendant is:
Spouse
12. The defendant has been involved in a criminal court action.
13. The defendant is not currently on probation I parole
14. The facts of the most recent incident of abuse are as follows:
From February 2001 to the present, Defendant stalked Plaintiff in ways including the
following: repeatedly following Plaintiff, calling her at home and at her place of
employment, e-mailing her, and coming to her residence pounding on her door and
refusing to leave.
Since March 2001, Plaintiff repeatedly told Defendant she did not want any contact with
him, but he persisted in stalking her and became increasing more unstable exacerbating
her fears. On one occasion, he threatened to kill himself saying that his death would be on
her hands.
15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
childlren, (including any threats, injuries, or incidents of stalking) are as follows:
HISTORY
During the parties' marriage and prior to their separation in November 1999, Defendant
abused Plaintiff in ways including, but not limited to the following: Defendant repeatedly
slapped Plaintiff across the face, grabbed her arms causing bruises, kicked doors off
hinges t\yg~ to Plaintiff, punched holes in the walls, called her vile names, got in her face
and cor~er, threw her out of the house, and disabled her vehicle so she could not
leave. On one occasion, Defendant forcefully pushed Plaintiff into a ~ banister causing
her hand to hit it with such force that it resulted in pain and swelling.
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16. The police department(s) or law enforcement agencies that should be provided with a copy of
the protection order are:
State Police-Carlisle Barracks
Upper Allen Township Police
Lower Allen Township Police
17. There is an immediate and present danger of further abuse from the Defendant.
18. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER
A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD
DO THE FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking
Plaintiff and/or minor child/ren in any place where Plaintiff may be found.
b. Prohibit Defendant from having any contact with Plaintiff and/or minor
child/ren, 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.
c. Order the following additional relief, not listed above:
Enjoin Defendant from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
Refrain Defendant from harassing Plaintiffs relatives.
Order Defendant to pay the costs of this action, including filing and
service fees.
Order Defendant to pay $250.00 to reimburse one of MidPenn Legal
Services' funding sources toward the cost of litigation in this case.
d. Order the police or other law enforcement agency to serve the Defendant
with a copy of this Petition, any Order issued, and the Order for Hearing.
The petitioner will inform the designated authority of any addresses, other
than the Defendant's residence, where Defendant can be served.
Date: 1/=21 / d /
Respectfully submitted,
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Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row, Carlisle, P A 17013
(717) 243-9400 or 800-822-5288
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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. 1
understand that any false statements are made subject to the penalties of 18 Pa.C.S.s4904, relating
to unsworn falsification to authorities.
Dated: 3!;;&ItJ7
7arm1~ ( ~
Pamela Lou Noel, Plaintiff
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Pamela Lou Noel,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. Ol-CIVIL TERM
Charles Lavern Noel,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff, Pamela Lou Noel, by and through her attorney, Joan Carey, moves the Court for an
Order continuing rescheduling the hearing in the above-captioned case on the grounds that:
L A Temporary Protection From Abuse Order was issued by this Court on March 27,
2001, scheduling a hearing for April 3, 2001, at 3:30 p.m.
2. The Cumberland County Sheriffs Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on March
30,2001, at 7:30 p.m. at his residence 905 Allenview Drive, Mechanicsburg, Pennsylvania.
3. The parties agree, by and through their respective counsel, that the hearing be
rescheduled pending further Order in this matter.
5. Plaintiff requests that the Temporary Protection From Abuse Orderremain in effect for
a period of 18 months from the date it was entered, through September 27,2002, or until further
Order of Court, whichever comes first.
6. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State
Police, Upper Allen Township and Lower Allen Township Departments by the attorney for Plaintiff.
WHEREFORE, Plaintiff requests that the Court grant this Motion and continue this matter
reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in
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effect for a period of 18 months from the date it was entered, through September 27,2002, or until
further Order of Court, whichever comes first.
Respectfully submitted,
n Carey, Attorney for
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
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Pamela Lou Noel,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
v.
: CUMBERLAND COUNTY, PENNSYL VANIA
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: NO. Ol/IVIL TERM
Charles Lavern Noel,
Defendant
: PROTECTION FROM ABUSE
O~R FOR CONTINUANCE
AND NOW, this.!:C- day of April, 2001, upon consideration ofthe attached Motion for
Continuance, the matter scheduled for hearing on April 3, 2001, at 3:30 p.m. by this Court's Order
of March 27, 2001, is hereby rescheduled for hearing on May 22, 2001, at 3:00 p.m. in Courtroom
No.3.
The Temporary Protection From Abuse Order of March 27,2001, shall remain in effect for a
period of 18 months from the date it was entered, through September 27,2002, or until further Order
of Court, whichever comes first.
By the Court,
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Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
Douglas G. Miller, Attorney for Defendant
Irwin, McKnight & Hughes
60 W. Pomfret Street
Carlisle, P A 17013
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03/27/01 TUE 12:09 FAX 717 240 6573 . ,
tuMl! do PRomONOTARY
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[ 01l9p2405331
[ 03]9p2438026
[ 04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
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OFFICE OF' 'I1iE PRarffCNJ'fARY
CUMBERLAND CXlUNTY COURTHOOSE
ONE axJlmlOOSE SQUARE
CAR~rSLE. PA. l70l3-3387
(7171 240-6l95
FAX (7l7) 240-6573
VIA TELECOPIER
FAX q:
717-249-0779
/I \ P ocee::!C! t-..)~ I ~^ p. LUj" I S'e.; (I/'(.e.j
l,,{?r\I'T. ~...u ~ --.) : ' \. }
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TO:
PA STATE POLICE
~: CURTIS R. LONG
RE; PFA ORDERS
MESSAGE:
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'This ~ is hit.. oM ally ll:x' tte l.61e of tte irrlivid1'll cc enti~ to W:tidl is is ..\10, :i, ali m:ry
o::nta:in iJ'lf'rJDrEItim th;t is Irivileg;d. \Xtlf:UHltial mj ~ !i.1:m ni.....]....~ t.nEr- 'f.l?l ;rM]p llw. .If,
tte mrli:r of l:h:is ~ is 1I)t tl-e inletlorl ndpimt. yaJ ate ~ rctified ~t IDf ~{-'~'
distritut::iro cr o:pfin;J d this o:rtITUIiretim i.!; strictly prlribita:l. If ~ h3I.e 1J1P'!i\A'd .,~ .
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PAMELA LOU NOEL,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
V.
: 01-1781 CIVIL
CHARLES LAVERN NOEL,
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 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 Conunonwealth is requesting a hearing on the charges of Indirect
Criminal Contempt pursuant to 23 Pa.C.SA S 6113.
6. The plaintiff and/or the defendant may seek modification ofthe Order based
on the filing ofthis petition as the Court deems appropriate following the trial
in addition to any other sentence. 23 Pa.C.S.A. S 6113.
WHEREFORE, the Conunonwealth requests the defendant be conunanded to
appear before the Court on the charge of Indirect Criminal Contempt.
Ri:"ctfu. lly SUb. mitted. '
N-fJdui/;)~
J~an R. Birbeck
Chief Deputy District Attorney
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....COM~ONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
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Magisterial District Number; 09-3-05
District Justice Name: Hon. Gayle A. ELDER
Addc.", 507 N. York St Barclay Bldg.
Mechanicsburg, PA 17055
*'
POLICE
CRIMINAL COMPLAINT
COMMONWEALTH OF PENNSYLVANIA
VS.
Telephone:
(717) 766-4575
DEFENDANT:
Date Filed:
I NAME and ADDRESS
I Charles Lavern NOEL
905 Allenview Dr,
Mechanicsburg, PA 17055
L!!17) 791-0854
I
Docket No.:
OTN:
~
Defendant's RacelElhnicity
121 While 0 Asian 0 Black
D Hispanic D Native American 0 Unknown
Defendanrs A.K.A.
Defendant's Sex
o Female
121 Male
Defendant'sD.D,B.
02/25/58
Defendant's Social Security Number
280-56-6629
Defendant's SID
Defendlml's Veh'lcle Information:
Defendant's Driver's License Number
Complaint/Incident Number
H02-1184552
PLATE NUMBER
REGISTRATION STICKER
(MMfYY)
STATE
PA
20378738
UCRlN1BRS Code
999
District Attorney's Office ..k8J Approved 0 Disapproved because:
(The district attorney may require that the complaint, arrest warrant affidavit, or both be approvea oy me anorney Tor me L:ommonwealm pnor to TIling.
Pa.RCrP,107) .
(Name ot Attorney tor \,;ommonwealtn -l-'leaSe I-'nnt or l ype)
{:SIgnature of Attorney ror \,;ommonweallnJ
(Uate)
I, Tpr. Marlin J. LONG III /
(Name of Affiant - Please Print or Type)
of, the Pennsylvania State Police
tloenuTY uepal1mem or Agency I"(eprttsemeo ana 1"'01lllCal ;:)UOOlvlSlonj
do hereby state: (check the appropriate box)
8241
PAPSP10CO
(Officer Badge NumberIlD.)
lI"'OIlC9 Agent:y UI"(I l'lumoeq
lunglnallng Agency L.ase l'lumoer !,UL.AIJ
1. ~ I accuse the above named defendant who lives at the address set forth above
o I accuse the defendant whose name is unknown to me but who is described as
o 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 the penal laws of the Commonwealth of Pennsylvania at
334A Old Stonehouse Rd. in Monroe Twp,
in Cmbld. County on or about 03/30/01 @ 0600-2000 hrs.
Participants were: (if there were participants, place their names here, repeating the name of the above defendant)
Charles Lavern NOEL
2. The acts committed by the accused were:
(Set forth ~ summary of the facts sufficient to advise the defendant of the nature of the offense charged, A citation to the statute allegedly violated,
without more, is not sufficient, in a summary case, you must cite the specific section and subsection of the statute or ordinance allegedly violated.)
A. INDIRECT CRIMINAL CONTEMPT; PA TITLE 23; sec. 6113
In that the def. did violate a Protection From Abuse Order prohibiting the def. from having any contact
with the plaintiff named in the order; to wit, the def. left messages on the plaintiff's telephone answering
machine. The plaintiff being Pamela Lou NOEL.
AOPC 412-(6/96)
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(Continuation of No.2)
Defendant's Name:
Charles Lavern NOEL
.
POLICE
CRIMINAL COMPLAINT
Docket Number:
all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act
of Assembly, or in violation of
1. 6113 of the PA Title 23 1
(Section) (sucsectlon) (PASlalule) (Counts)
2. of the
{"SSCIiOri) (::sucsectlon) (PA"SralUfe) (COiJrifS)
3. of the
{"SSCIiOri) (::subsection) (PA"SralUfe) (~
4. of the
{"SSCIiOri) (::iuDseCllon) (PA"Srallife) (COUrilS)
J ask that a warrant of arrest or a(sUmmo~ be issued and that the defendant 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.)
3. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or
information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18
PA C.S.A 4904) relating to unsworn falsification to authorities.
tfP..fUli,O-"" a: ~
(Signalureof lant)
AND NOW, on this date , , I certify that the complaint has been properly
completed and verified. An affidavit of probable cause must be completed in order for a warrant to issue,
SEAL
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Defendant's Name: Charles Lavern NOEL
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POLICE
CRIMINAL COMPLAINT
Docket Number:
AFFIDAVIT of PROBABLE CAUSE
On 03/30/01 the def. left phone messages for the victim, Pamela Lou NOEL, at her res.
This act being in violation of Protection From Abuse Order # 01-1781, which was issued on
03/27/01 and signed by Judge Edgar B. BAYLEY.
A copy of the order is attached to this report
Tl'/<. w.ARW;J (). ~Gi:J::s;L
I, _, BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET
FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF.
TPR:-J1)N,~,T. ~71L
(Signature of lant)
Sworn to me and subscribed before me thi"
r1ayof
,-
Date
, District Justice
My commission expires first Monday of January,
SEAL
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03(27/01 TUE 12: (}2 FAX 717 2406573
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Pamela Lou Noel,
Plaintiff
; IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNl'Y, PENNSYL V AN1A
vs.
Charles Lavern Noel,
Defendant
; NO. 01.1~(
CIVIL TERM
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORlJ~Jl
YOU HAVE BEEN SUED IN COURT. Jfyou wish to defend against the claims set forth
in the fOllowing papers, you must appear at the hearing scbeduled 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. . J. '
A hearing on this matter is scheduled on the '3 . day of ~ .2001, at
::;: 0 .m., in Courtroom No.':? on the 4lbFioor oft e Cumberland County
Courthous 1 Courthouse Square, Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or tenninated by the court
after notice and hearing. If you disobey this Order, the police may anest 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 andlorupto sixmonthsinjail under 23 Pa.C.S. 96114, Violation may also suhjectyou
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18
U.S.C. 92265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories
and the Commonwealth of Puerto Rico. !fyou travel outside: ofthe state and intentionally violate
this Order, you may be subject to federal criminal proceedings under the VIolence Against Women
Act, ISU.S.C. p261-2262.
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. Ifyo\l do not
have a lawyer or cimnot afford one, go to or telephone the office set forth below to find out where
you can get legal help. !fyou cannot fmd 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 G\l:mberland County is required by Jaw to comply with the
Americans with Disabilities Act of 1990. For infonnation about accessible facilities andreasonable
accol!l111odations available to disabled individuals having business before the court, please contact
our office. Ail 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,
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03/27'01 11:58
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03<~7/01 TUE 12:~3 FAX 717 240 6573
CUl\lB CO PROmONOTARY
-+~~ PS'P
19J003
Pamela Lou Noel,
Plaintiff
: IN TIm COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYL V ANlA
Y.
Charles Lavern Noel,
Defendant
; No. 01- r1~l
: CML ACTION. LAW
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Charles Lavern Noel
Defendant's Date of Birth is: February 25, 1958
Defendant's Social Security Number is: 280..56-6629
Name(s) of All pwtected persons, including Plaintiff and minor children:
1. Pamela Lou Noel
AND NOW, o~~/laY upon consideration of the attached Petition for
Protection from Abuse, the court hereby enters the following Temporary Order:
Plaintiff'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.
2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any
other person prott;:ted 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.
The Plaintifi's residence.located at 334A Old Stonehouse Road, Boiling
Springs, Pennsylvania and her places of employment located at Messiab
CoDege, 1 College Avenue, Grantham, Pennsylvania, aDd The Bon Ton,
Fernwood Avenue, Camp Hill, Pennsylvania.
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3. The following additional relief is granted:
The Cumberland County Sheriff's Departlnent shall attempt to make service
at Plaintiff's request and Wlt~out pre--payment oUees but service may be
aceomplished under any applicable Rule of Civil Pro~edure.
Tbis Ordcr shall be docketed in the offiee oC the Prothonotary and forwarded
to the Sheriff for serviCe. The Prothonotary shall not send a copy of this
order to Defendant by mail.
This order may be extended beyond its original expiration date If the c:ourt
finds that Defendant has committed another act lie abuse or has engaged in II
pattern or practice tllat indicates continued risk of barm to Plaintiff.
Defendant is enjoined from damaging Or destroying any property owned
jointly by the parties or owned solely by PlaintU'C. '
Defendant shall refrain from harassing Plaintiff's relatives.
4. A certified copy of this Order shall be provided to 'the police department where
Plaintiff resides and any other agency specified hereafter:
Pennsylvania State Police-Carlisle Barracks
Upper AUen Township Police
Lower Allen Township Police
5. 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 Petitione{ will inform the designated
authority of any addresses, other than the Defendant's residence, where Defendant
can be served. The Prothonotary is diTCCted to file this Petition and Order without
. .
prepayment of costs. .
6. THIS ORDER APPLIES lMMEDIATEL Y TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL SEPTEMBER 27,2001 OR UNTIL
OTHERWISE MODlFIBD OR TERMINATED BY nus COURT AFTER
NOTICE AND HEARING.
NOTICE TO THE DEFEN1>ANT
19J004 .
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Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is punishable by a fine ofup 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 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.
~6ll3. DefendfUlt is furthll{ notified that violation oftbis Ordll{ may subject himlher
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 V.S.C. ~~2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiff's
residence OR any location where a violation of this order occm:s OR where the
defendant may be located. If defendant violates Paragraphs 1 through 2 of this
Order, defendant shall be illTested on the charge of Indirect Criminal. Contempt. An
arrest for violation of this Order may be made without WllmlI1t, based solely on
probable cause, whether or not the violation is committed in the presence oflaw
enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Crdll! OR during prior incidents of
abuse. Wel!pons ~t forthwith be delivered to the Sheriff's office of the county
whioh is!IIled this Order, which office shall mH;ntain 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.
BYTHRCOURT~ ~
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Distribution to:
Joan Carey, Attorney for Plaintiff
MidPen:o Legal Services
8 hvine Row
C.u-lisle, P A 171 03
(717)243-9400 or 1-800-822-5288
Faxed & Mailed to PSP
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PAMELA LOU NOEL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
01-1781 CIVIL
V.
CHARLES LAVERN NOEL,
Defendant
CHARGE: INDIRECT CRlMINAL CONTEMPT
AND NOW, this
day of APRIL, 2001, this Court certifies that the
attached complaint has been properly completed and verified, and there is probable cause
for the issuance of process. In consideration of the attached Commonwealth's Petition,
the defendant, CHARLES LAVERN NOEL, is directed to appear for trial on the charge
~ '
ofIndirect Criminal Contempt before the Court on the /0 day of ,~ ,2001
at ~~' clock -r.m. in Courtroom # ...:i of the Cumberland County Courthouse,
Carlisle, Pelmsylvania.
The defendant has a right to be represented by an attorney. Ifthe defendant
cannot afford an attorney, upon request one will be assigned to represent the defendant.
If the defendant wishes assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285. Further, ifthe
defendant fails to appear, an arrest warrant will be issued.
The Sheriff of Cumberland County is directed to serve this Order and Petition
upon the defendant The assessment of costs to be determined by the Trial Judge
subsequent to triaL
PJ.
Jonathan R. Birbeck, If, .
Chief Deputy District Attorney Cop fe~u(lt:j, "{ J' veJJ
CHARLES LAVERN NOEL CCI)C( (\'l Q,Jet! by 0, 4 '
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PAMELA LOU NOEL,
Plaintiff
V.
CHARLES LAVERNE NOEL,
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-1781 CIVIL
CHARGE:INDIRECT CRIMINAL CONTEMPT
AFFIANT: Tpr. Martin Long III
NOTICE OF WITHDRAWAL OF PROSECTION
AND NOW, this U'" day of
Apt, \
, 2001, comes
M.L. Ebert, Jr., District Attorney of Cumberland County,
Pennsylvania, who respectfully withdraws the following charge in
the above captioned case pursuant to Pa.R.Crim.P.151: Indirect
Criminal Contempt.
Victim Services
M.L. Ebert, Jr.
District Attorney
Affiant
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M.L. Ebert, Jr.
District Attorney
Copy /V)o/I(Y( f/-II~o /
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01781 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NOEL PAMELA LOU
VS
NOEL CHARLES LAVERN
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
NOEL CHARLES LAVERN
the
DEFENDANT
, at 0019:30 HOURS, on the 30th day of March
2001
at 905 ALLENVIEW DRIVE
MECHANICSBURG, PA 17055
by handing to
CHARLES L. NOEL
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER, PETITION
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
12.40
.00
10.00
.00
40.40
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R. Thomas Kline
04/02/2001
me this .l </ ~
day of
Sworn and Subscribed to before By:
rr.,.f ~, ( A.D.
rt'(~ () lu,l),., A t'i
P othonotary I
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PAMELA LOU NOEL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-1781 CIVIL TERM
CHARLES LAVERN NOEL,
Defendant
PROTECTION FROM ABUSE
PRAECIPE TO WITHDRAW APPEARANCE
To Curtis R. Long, Prothonotary:
Please withdraw my appearance from this case on behalf of the Defendant, Charles
Lavern NoeL
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
Date April 25, 2001
By: ~ >I IlCA
Dougla . Miller, Esquire
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
PRAECIPE TO ENTER APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the Defendant, Charles Lavern NoeL
Respectfully submitted,
Date:
f/!(t;r. 2001
By: 01 ~
Hubert X. iIroy, Esq.
Broujos & Gilroy
4 North Hanover Street
Carlisle, P A 17013
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Pamela Lou Noel,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-1781 CIVIL TERM
Charles Lavern Noel,
Defendant
: PROTECTION FROM ABUSE
TINUANCE
, 001, upon consideration of the attached Motion
for Continuance, the matter scheduled for hearing on May 22, 2001, at 3:00 p.m. by this Court's
Order of March 27,2001, is hereby rescheduled for hearing on June 12,2001, at 3:30 p.m. in
Courtroom No.3.
The Temporary Protection From Abuse Order of March 27, 2001, shall remain in effect for
a period of 18 months from the date it was entered, through September 27, 2002, or until further
Order of Court, whichever comes first.
By the Court,
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
Hubert X. Gilroy, Attorney for Defendant t'A.KJu~ /I'V'<f- 'd 5-.2s'- ~I
Broujos & Gilroy -7- '-h-. .
4 North Hanover Street I.
Carlisle, P A 17013
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Pamela Lou Noel,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
: NO. 01-1781 CIVIL TERM
: PROTECTION FROM ABUSE
v.
Charles Lavern Noel,
Defendant
MOTION FOR CONTINUANCE
Plaintiff, Pamela Lou Noel, by and through her attorney, Joan Carey, moves the Court for an
Order continuing rescheduling the hearing in the above-captioned case on the grounds that:
1. A Temporary Protection From Abuse Order was issued by this Court on March 27,
2001, scheduling a hearing for April 3, 2001, at 3:30 p.m.
2. The Cumberland County Sheriff's Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on March
30,2001, at 7:30 p.m. at his residence 905 Allenview Drive, Mechanicsburg, Pennsylvania.
3. The parties agree, by and through their respective counsel, that the hearing be
rescheduled to afford them time to negotiate a settlement in the matter.
5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
for a period of 18 months from the date it was entered, through September 27, 2002, or until further
Order of Court, whichever comes first.
6. Certified copies of the Order for Continuance will be delivered to the Pennsylvania
State Police, Upper Allen Township and Lower Allen Township Departments by the attorney for
Plaintiff.
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effect for a period of 18 months from the date it was entered, through September 27, 2002, or until
further Order of Court, whichever comes first
Respectfully submitted,
oan Carey, Attorney for
MidPenn Legal Service ..
8 Irvine Row
Carlisle, P A 17013
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Pamela Lou Noel,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 200l-l78~ CIVIL TERM
Charles Lavern Noel,
Defendant
: PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this 12th day of June, 2001, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on June 12, 2001, is hereby rescheduled for hearing
on August 9, 2001, at 3:30 p.m.
The Temporary Protection From Abuse Order of March 27, 2001 shall remain in effect for
a period of eighteen months frorn the date it was entered, through September 27, 2002, or until
further Order of Court, whichever comes first.
Joan Carey, Attorney for Plaintif0_ b'Y!\(\ . ^ n
MidPenn Legal Services LO I \' L~
Hubert X. Gilroy, Attorney for Defendant
Broujos & Gilroy
4 North Hanover Street ~ AD M~
Carlisle,PA 17013 Lq ~ .
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Pamela Lou Noel,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001- 1781 CIVIL TERM
Charles Lavem Noel,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The Plaintiff, Pamela Lou Noel, by and through her attorney, Joan Carey of Mid Penn Legal
Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the
grounds that:
1. A Temporary Protection From Abuse Order was issued by this Court on March 27,
2001, scheduling a hearing for June 12, 2001, at 3:30 p.m.
2. The Cumberland County Sheriff's Department served Defendant with a certified copy
of the Tempofary Protection from Abuse Order and Petition for Protection from Abuse on March
30,2001 at 7:30 p.m. at his residence 905 Allenview Drive, Mechanicsburg, Pennsylvania.
3. The parties agree, by and through their respective counsel, that the hearing be
rescheduled to afford them time to execute a consent agreement.
4. The Plaintiff requests that the hearing be rescheduled and that the Temporary
Protection From Abuse Order remain in effect for a period of eighteen months from the date it was
entered, through September 27, 2002, Of until further Order of Court, whichever comes first.
,
WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this
matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a
period of eighteen months from the date it was entered or until further Order of Court, whichever
comes first.
Respectfully submitted,
MIDPENNLEGALSERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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Pamela Lou Noel,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
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Charles Lavern Noel,
Defendant
: No. 01-1781
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: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
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FINAL ORDER OF COURT
Defendant's Name is: Charles Lavern Noel
Defendant's Date of Birth is: February 25,1958
Defendant's Social Security Number is: 280-56-6629
Name(s) of All protected persons, including Plaintiff and minor children:
1. Pamela Lou ~tl '2,.()0 \ )
AND NOW, t the court having jurisdiction over the parties
and the subject-matter, It is ORDERED, ADJUDGED and DECREED as
follows:
Pursuant to consent of the parties, which does not constitute Defendant's
admission to the averments of abuse in the petition. The following order will be
entered:
Plaintiffs 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 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
employernent. Defendant is specifically ordered to stay away from the
following locations for the duration of this order.
The PllJ,intiffs residence located at 334A Old Stonehouse Road, Boiling
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Springs, Pennsylvania and her places of employment located at Messiah
College, 1 College Avenue, Grantham, Pennsylvania, and The Bon Ton,
Fernwood Avenue, Camp Hill, Pennsylvania.
3. The following additional relief is granted as authorized by ~6l 08 of the Act:
This order may be extended beyond its original expiration date if the
court finds that Defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of harm to
Plaintiff.
Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
Defendant shall refrain from harassing Plaintifrs relatives.
The court costs and fees are waived.
4. A certified copy of this Order shall be provided to the police department
where Plaintiff resides and any other agency specified hereafter:
Pennsylvania State Police-Carlisle Barracks
Upper Allen Township Police
Lower Allen Township Police
5. THIS ORDER SUPERSEDES:
L ANYPRIORPFAORDER
6. All provisions of this order shall expire on: October 10, 2002
NOTICE TO THE DEFENDANT
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. ~6ll4. VIOLATION MAY ALSO
SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER
THE PENNSYL VANIA CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE
DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND
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THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE
AGAINST WOMEN ACT, 18 U.S.C. 92265. IF YOU TRAVEL OUTSIDE OF
THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY
BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT
ACT. 18 U.S.C 992261-2262. IF THE BRADY INDICATOR PARAGRAPH
APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL
PROSECUTION AND PENAL TIES UNDER THE "BRADY" PROVISIONS
OF THE GUN CONTROL ACT, 18 U.S.C. 9922(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 maybe located,
shall enforce this order. An arrest for violation of Paragraphs 1 through 2 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. 96113.
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 Conternpt"
shall then be completed and signed by the police officer OR the plaintiff.
Plaintiffs presence and signature are not required to file the complaint.
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If sufficient grounds for violation of this order are alleged, the defendant shall
be arraigned, bond set and both parties given notice of the date ofthe hearing.
If entered pursuant to the consent of Plaintiff and Defendant:
?fJ.rl7Rkl/ ( .~ / ~Q.t\\{2. L. ~
Pamela Lou Noel, Plaintiff Charles L~N I, Defendant
oan Carey, Attorney fo Hubert x. Gilro , Attorney for Defendant
"dPennLegalSen'ices Broujos & Gilr
8 Irvine Row 4. N. Hahover S
Carlisle, PA 17013 Carlis:te, PA
Distribution to:
-MidPenn Legal Services
-Faxed and Mailed to PSP"
Hubert X. Gilroy 'I'
Attorney for Defendant
4. N. Hanpver street
Carlisle', . PA 17013
07-J1.0/
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07/18/01
WED 09:28 FAX 717 240 6573
coo CO I'RomoNOTARY
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a_a MULTI TN REPORT a_a
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TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2719
[ 01l9p2490779
[ 03]9p2405331
[ 04]92438026
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OFF'lCE OF '!liE PR()TtlallO'l'ARY
CUMBERlAND <XXJNTY CQUR'IHOOSE
CNE CCXJRWOOSE SQUAAE
CARLXSLE. pA. 17013-3387
(7171 240~6195
FAX (717) 240-6573
V X ATE LEe 0 PIg R
ro: I'll. STATE POLICE - Celli. PHfJe.,s,;. - ,..... (J. /...S.
FAX H:
717-249-0779
f'R(l-1 :
CURTIS R. LONG
RE:
PFA ORDERS
MESSAGE:
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