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HomeMy WebLinkAbout96-00007 . ; . i. , , t 1 . , , , \ I I I 1 , I ~' Z . -1 - , . I ~ 1 JI ~ ~, ,,\,!"'f>.r , I. I :; ~ i 91 <31 I ! !~ , r , ....,. 0-1 .; , 0 '-z: . JESSICA LeGORE, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTV, PENNSVLVANIA NO. 96- 007 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODV JEFFERV L. NEIL, SR., Defendant AND NOW, this TIMPORARY PROTECTION ORDER ftL \lWlII II, , f St. l.. day of p----.....--, 1 nOli:: , , upon presentation and consideration of the within Petition, and upon finding that the plaintiff, JESSICA LeGORE, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, JEFFERV L. NEIL, SR., the following Temporary Order is entered. Law enforcement agencies shall not disclose the presence of the plaintiff in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about the plaintiff except by further Order of Court. The defendant, JEFFERV L. NEIL, SR., SSN:159-56-6081 and DOB:4/26/75, now residing at 9280 Otterbein Church Road, Newburg, Franklin county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, JESSICA LeGORE, or placing her in fear of abuse. The defendant is excluded from any residence the plaintiff has now or may establish for herself in the future. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the ( ) , plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment or school. The defendant is enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. A violation of thia Order may aubject the defandant tOI i) arraat under 23 Pa.e.s. 56113; ii) a private criminal complaint under 23 Pa.e.s. 56113.1; iii) a charqa of indirect criminal cont..pt undar 23 Pa.e.s. 56114, puniahable by impriaonment up to ai. aontha and a fine of '100.00-'1,000.00; and iv) civil cont..pt under 23 Pa.e.s. 56114.1. aeauaption of co-reaid6nce on the part of the plaintiff and dafendant ahall not nullify the proviaiona of the court order. This order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of JEFFERY L. NEIL, JR., is hereby awarded to the plaintiff, JESSICA LeGORE. A hearing shall be IBId on this matter on the /.;J ~~ day of January, 1995, at I': ),' 'l .m., in Courtroom No. _s", Cumberland county Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The cumberland county Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The appropriate Police Department in the areas where the plaintiff lives and works will be provided with certified copies of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. S 6113). By the Court, JESSICA LeGORE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM JEFFERY L. NEIL, SR., Defendant PROTECTION FROM ABUSE AND CUSTODY NOT X C B You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims sot forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FBBS AND COSTS If the case goes to hearing and the judge grants a Protection order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You sbould take tbis paper to your lawyer at once. If you do not bave a lawyer or cannot afford one, go to or telephone the office .et fortb below to find out wbere you can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JESSICA LeGORE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. :Jt,-007 CIVIL TERM . . JEFFERY L. NEIL, SR., Defendant PROTECTION FRO~ ABUSE AND CUSTODY PBTITION rOR PROTBCTION ORDBR AND CUSTODY RBLIBr UNDBR THB PROTECTION rROK ABUSE ACT, 23 P..C.S. S 6101 .t ..q. A. ABUSE 1. The plaintiff, JESSICA R. LeGORE, is an adult individual temporarily staying at an undisclosed loca_ion for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 2. The defendant, JEFFREY L. NEIL, SR., SSN:159-56-608l and DOB:4/26/75, is an adult individual residing at 9280 Otterbein Church Road, Newburg, Franklin County, Pennsylvania, 17240. 3. The defendant is the father of the plaintiff'S child. 4. Since approximately June 1995, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about December 17, 1995, the defendant told the plaintiff they had to talk and he sat down on a stool in front of the door so that the plaintiff could not leave the residence, causing the plaintiff to become alarmed. When the plaintiff went for the phone, the defendant pulled the cord from the jack, grabbed her by the front of the shirt and her wrist, and pushed her into the refrigerator. When the plaintiff again attempted to call her parents for help, the defendant again ripped the cord from the jack. When the plaintiff then attempted to call the police, the defendant hung the phone up on her, threw her ring onto the floor, grabbed her by the wrists leaving marks about her wrists, and threatened to kill her. When the plaintiff's parents came to the door, the defendant refused to open the door. The plaintiff managed to get the door open and her step-father called the Mid- Cumberland Valley Regional Police who arrested the defendant for simple assault and harassment. b. On or about December 2, 1995, the defendant pushed the plaintiff. The plaintiff went to her brother's residence for the night and the defendant came there and pounded on the doors and windows yelling for the plaintiff to open the door. The defendant parked the plaintiff's vehicle so that she could not get away and threatened the plaintiff yelling that if she didn't open the door, he would "smash" her car. The defendant also threatened the plaintiff saying that he would bring his gun back and kill himself in front of the plaintiff. c. In or around october 1995, while the plaintiff, defendant, and their baby were in the vehicle, the the defendant sped up the car, causing the plaintiff to fear for her safety. The defendant pulled the car over and told the plaintiff to get out of the car. When the parties arrived at th~ defendant's mother's, the defendant grabbed the plaintiff by the arms and pushed her onto the couch. Later when the plaintiff got her keys and was putting the baby in the car to leave, the defendant ran out of the house with a knife, told her she was not leaving, and slashed her tire with the knife. The plaintiff suffered bruising to her arms. d. since June 1995, the defendant has abused the plaintiff in ways including, but not limited to, the following: Grabbing her by the arms, pushing her, and threatening to kill her. 5. On or about December 17, 1995, the plaintiff and the minor child left their residence at 325 Fort street, Shippensburg, Cumberland county, Pennsylvania, in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defnndant and that she is in need of protection from such Rbuse. 7. The plaintiff dssires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephono and written communications. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff'S relatives. 9. The plaintiff desires that the defendant be restrained from entering her place of employment or school. 10. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the plaintiff. .. .ICLU.IV. PO.....IOM 11. The plaintiff cannot reveal the owners of the home from which she desires tha the defendant be ordered to stay away, and the plaintiff is not seeking the eviction of the defendant from his residence, but asks that the defendant be ordered to stay away from wherever she resides. C. ATTORMIY rllB 12. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. D. TINPORARY CUBTODY 13. The plaintiff seeks temporary custody of the fOllowing child: 11IIII JEFFERY NEIL, JR. pr...nt R..id.nc. undisclosed location A!D 3 mos. The child was born out of wedlock. The child is presently in the custody of the plaintiff, who resides at an undisclo~ed location. since the child's birth, the child has resided with the fOllowing persons and at the following addresses: 11IIII Addr..... Date. plaintiff & defendant 325 Fort street Shippensburg, PA undisclosed location 9/4/95 - 12/17/95 plaintiff 12/17/95 - present The mother of the child is Jessica LeGore, currently residing at an undisclosed location. She is single. The plaintiff currently resides with the following persons: lilUU RelationshiD Jeffery Neil, Jr. son The father of the child is Jeffery Neil, Sr., currently 9280 otterbein Church Road, Newburg. He il3 single. 14. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 15. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 16. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a fit parent who can best take care of the minor child. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. c. The defendant has never cared for the minor child. WHEREFORE, pursuant to the provisions of the "protection from Abuse Act" of october 7, 1976, 23 Pa.C.S. S 6101 et ~., as amended, the plaintiff pro yo this Honorable Court to grant the fOllowing relief: A. Grant a Tomporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direot or indirect contact with the plaintiff inclUding, but not limited to, telephone and written communications; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 4. Prohibiting the defendant from entering the plaintiff's place of employment or school; 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the plaintiff; 6. Ordering the defendant to stay away from any residence the plaintiff has now or may establish for herself in the future; 7. Granting temporary custody of the minor child to the plaintiff; B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment or school. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the plaintiff. 6. Ordering the defendant to stay away from any residence the plaintiff has now or may establish for herself in the future. 7. ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without pre-payment of fees by the plaintiff, and that certified copies of this Petition and Order be delivered to the appropriate Police Departments in the areas where the plaintiff lives and works. The plaintiff prays for such other relief as may be just and proper. COUNT II CU8TODY UNDBR PBNN8YLVANIA CU8TODY LAW 18. The allegations of Count I above are incorporated herein as if fully set forth. 19. The best interest and permanent welfare of the minor child will be served by confirming custody in the plaintiff as set forth in Paragraph 17 of the Petition. WHEREFORE, pursuant to 23 Pa.C.S. S 5301 et sea., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. % .... <::> ~ t,; Il.~ . j.: .. ::\..-0: IV) . I c.~..1 , :\. 'lit fJl. I. J' . (' .... j ~.- ~ @ <j~,-; . " '-'1 ~ . I Ll" - 1,-, I I'. : ,. :'j I', ,,', I,) c' -.' ...!I J .t- ~ .... h~ i.': lif!-::~ cJf I [}.- ~L {DL.. C:!.! I F. ,.. U :r: C~_ ;7~~ ~2~ r:J::~ I " . . . ~ ~~~ ';".'(} ...1." ,I, ;; .1.....3 !'Jrw... ;:..;~ l) !l (.~ ;:: r- ,.~..: -, .,., (., ;, J. ';, . Temporary Protection Order remain In effect until further Order of Cour t. Ruspectfully submitted, /,1 <) ~ Ie> ./ , '_" / \.!::::.A./ccc_'1 Joan Carey, /1 Attorney for P1alrrtlff LBGAL SERVICES, INC. B Irvine Row Carlisle, PA 17013 (717) 243-9400 , . "'1:1 The Court CT C.:mmO:1 , . -1 . - I d.' ... "'-r.: or ' .,.' .'-.""1...... .........-..'1 ,--- ......-......-., "-''''''''11 Panr:sylvc:r:i:: Jessica LeGore 'IS. Jeffrey L. Neil. Sr~ :-fo. 96 ,nOD? ---. :?..- :iow, Janaurv 2. tqq,; :9__ !. S~~::: O? C~G:E:?..!..A.'JD COt..~':'Yt ?~ co :~by c=::u= th.:: Sb:..:i oi Franklin C~u:ty :0 ~"':=-.1t: .:.... "'''ri:, =:s d..-pu:::.cu ==r -~.:- ~t :!:: ~ :.:ci = oi ::: ?!=d. ", ....,.f' " .~~',~ SlI,.,~ at C:::::!lu'..:u:d C~W1tT. ?~ Affidavit or Se:-ri~ :'-ow, January 25 !9 96 -. 4:30 o'ded: .1> ~c. 1:'"."ci -. ::e ~.:..:" Protection From Abuse 'Jpaa Jeffrey 'L. Neil, Sr. It 975 S. Main St., Chambersbur~, Pat 17201 (Pla~e of Employment) :y::ciliq:a Mr. Neil ~ True and Attested cpr ci == 0::;-=-'" Protection From Abu~e ... :md -,,.:. i::owu :Q Him :::.e .:::t:::.:s . , :'::::=L SoOl.::.SW=' =:~_Qyoi 19_ Sht:::5 ci Franklin Deputy Theodore L. Koncsol COSTS Snv"IQ; ~crr..z..I"G ;:: CoIUl.,.. ?:l. Swcr: :md rolc..:-J:d before A::IDA "v u 18.00 5.60 4.00 s 27.60 --~---. s t_ .--a SHERIFF'S DEPARTMENT 157 LINCOLN WAY EAST, CHAMBEASBUAG, PENNSYLVANIA 17201 (717) 261.3877 ----.uuSHEAIFF SERVICE r;N;T-'.IUCTI~~~~~R SERVICE OF PROCESS PI""s" Iype or prlnl PROCESS RECEIPT, and AFFIDAVIT OF RETURN IcOlhly Do nol d"'lIch lIny cop",s 0."_"'''''.._- - . . r""'''"~''' Jessica LeGor~__.__.__.._. 96 007 30EF~:OfA;:~~' L. Nc~l._S.r_. _____.~______ un _u__ _______ __ 4 1:"~~~~~~~'~~~;ot{~:'~lbUSC SERVE { h NAM' 1;~~;:~~^1 ~:.J:~':'~Yl ~~~~:'~'" J~" "_:'~'IVI:_:: ';C"""~Il~._~~I_ Plft )I'11tI V TIllll I I: VI( n ^T I^CIlUI OIl SOl n . 6 AOOUESS ISluwl (H urn, AIl;IIIIl1I'1I1 No, CIty. nOH), Twp. 5Ia", 1llltlllP Gotlt!) AT 975 S,--M!lJ..n_Sl.--,-qlJlI11l>.~rsjJur!!J.J)_o.! ___(P.!l!.c_c_9_Lcllll'loYllIcnt).. .___ 7.INDlCATI' UNUSUAL SUlVICE n COMMON OF "A IIlJEPUTlZE LJ OlIlUI --..-----.."-~---~--_._.__..._.__________~_'".__u _ '_'_'__'_"'__~___,_,___,,_ '9_, I, SHERIFF OF FRANKLIN COUNTY, PA, do I",,,,by dopult'" Ihu 5h",II' a' County to t'xeclIlu this Writ and mnke U!turn Ihomot according 10 law. This deputntlon bmng mildu at lho HHllJt!st and risk of lhe plalllliff ~-----_._---'-.'---~~-'""- .-- - 8. SPECIAL "STllUCTlOHS DR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SERVICE: Now, ._ ....:.d1U!llt.I.!IJ!!,l"'..U!Il..UUhLL Try par~ntB address first: 9280 Otterbein Church Rd. Ncwburg. Po.. 17240 thiB address after 5:00 NOTE ONLY APPl..JCA8LE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Anv dt.'plJl~ shmllllt!vYlrl{) upon or HUnching Olny properly under wilhln writ may leave snml'! wilhout a .....alchmnrl, 111 clJ:iloily 01 WIlOl1h'.....I" IS found 1ll1)(}!iSI.15sion. allm nolifyinO pm50fl olltlvy or attachmenl. without liability on lheparl olsuchdlmulY or Ihe shfllllllo allv 1l1;111l1I1'1~'~~!!..~.!(J2.!).: dl'sltLlr.llnf1Uu!!.!!~~u~L!~I.!!!!y suchllro lUll he low slumlf's sail! Ihereol II. SlGNAlURE 01 ATTORNEY or olhur ORIGINATOR ----po-iHI.'PItONE NUMBER I. DATE Cumberlsnd County Sheriff .____. _L___. 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: IThis or.o musl be compleled II nolle. Is 10 be molledl SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS UNE 13. I acknowlcdgo loctJipl ollho wril , ~ATURE o! AU1hr2l'd FCSD Ot'puty or CII!fk and TltlU 14 Dnlu n(~celvl!d 15 Explmhon/Hoannu d..11e 0' complainloslndicalod aboyo J Ll..L.. I t;!..J-I..tr-A' _-,--_ 1-4-96. 1-12-96 16. I hereby CER11FY nnd RETlJRN Ihall 0 law personallv !iI' l~ Sl!fVICU liS lihoWlllrl "nm1Jarks', 0 havo executod ns shown In "RomW'ks", tho writ or comn1ainl tlesCllbed on 11m lndllmluill, company, corporillion,I!lc, .lllhn mhJfI!ss shown ilbo.....u Uf on 11m indlviriuill, company. corporuUon. elc., at Iho address insmlud below bV hillldlHlU II TRUE nnd ATTESTED COPY thomol 17.01 hereby certily nnd relurn n NOT FOUND tWCilUSt! I iJlll Llni.lIJII~ 10 locale Ihe mdlvilfual, CO"'!~Hny. corporation, etc., named ahove, (Soo mmmks below) 18. Name nnd title 01 Indivkfualserved (il nol shown ntJovul 10. A 1""~J/llll ~wl.lh'" ,1'W ,U"'II'\(Ii'IKlIIlh"11 m".'ll"l "11111' d.'h"..J,lnl!! u,"",l pl.ln' IIf Jeffrey L. Neil, Sr. .__.~ alMlI'l'1J 20. Address 0' where served (complclo only If tlllllmmllhilll 5110.....0 ahovHI (Sheet or UFU. Aparlmenl No. 21 O.lle of &!fV1W 22. Timu City, Boro, Twp. stolo ond Zip Cod"1 4:30 ... PM [m [05' pm Dep.lnt. 4.00 30, REMARKS, 3 t. AFFIRMED ond 8ubsCfihud to lJf!fow mn Ihl5 " 34. 19 26th 96 ,so ANSWER. 1":;Kl"'II'UI'UI#~~ liI'p !ih"II11 Tlieodorc L. Kone ;)JIl.lh' 37. I'l !;"lll.IIull'III St.'lIl1 1-26-96 .m n.lll' ~: F~~~~~i'M~lfP'fbr lItlU.fJi,p:CI. RETURN si NArURE'------------- OF AUntOlllzEO ISSUINll'l\UTH(JIl!,~II\I'lI)j,mA.Il"'r"o , ".n'{: _:! \::-:;\f1:Cl!I!:CNI). Fr,ln~tll\ ':I)unr, FCSO.1I19<J3 _>;: 1:,\l11n"'1<:,011 F..llltl"l nnv : 10QIi ISSUING AUl Hanny SHERIFF OF FRANK UN COUNTY hI U.lh'Il"u'IVI'11 SHERIFF'S DEPARTMENT 157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261.3877 -----.SHERIFF SERVICE /-INSTIlUCTlONS roll ~E;lVIC~ ~-~ ~110CESS Plea;~;yp. or prlnl PROCESS RECEIPT, and AFFIDAVIT OF RETURN ''''llhly Do nol d..laeh ally cup"" _._._~ --_. _._"_nn... . "'. . 'n"".'.'_. _________ _ _".___~_.._.___ _ I. PLAINTlFF/S/ :' CllUIl! NUMIII.1l J..sica LeGore 96-007 3DErENOANT/S'----------- 4 IY!'llll Wlllr Olli;"Mjii:AINi-H.-------- Jeffr.y L. Neil.'_ _Sr~_. _______ . ____ Protection F!".o!".-^bl1i1_~__.___ SE.RVE { b N.MII~~~~V;~;~~:~~_:;l~'H~~):l~II""1 I'n~" ',I IIVI' I "" III ','"I1'llllN Of 0'1""'1111 Y II) '" II V"-Il~'~:~'~'lIJ:~~__ o. AOOUESS (Sllm~1 or nfO. APilll/HI'nl No. Cdi' BIlIO, Iwp, SI;111' dlltl/Ip eml!!) AT V~_~,_IfI.1,!I_:;~., Challbersburg, Pa. (place ofellployment). ______ _______ 7. INDICATE UNUSUAL SEIlVIC[ [) COMMON or P^ II DEPIH//r [JOIIIFII ._.,..__.~--_._-~.- -.---. --- Now, 10 _.__,1, SHERIFF OF FRANKLIN COUNTY, PA ,do horuby dUI'IIII'" Iho Sh",;1I 01 County In PIWCllle Ihm Writ lInd milku mlurn lllmna' o1ccordlf1f) 10 law. This deputalion helnt) mmh~ at 1I1l~ 'eqUl!~l 0111\1 rlflk ulllle plilll\lIff._____.___~_~___ .------.--.,. - " - .---~-- - ---- --. .n.._________ ___~___..:..!ILfIll! \,,~Jfl..~.!J!'_1.!!lll'U!1lL... 8. SPECIAL IHSlTl\JC11ONS OR OTHER INFOFlMATION THAT WILL ASSIST IN EXPEDlnNG SERVICE: Try parsnta address first: 9280 Otterbein Church Rd. Newburg. Pa. 17240 this address after 5100 .- N01E ONLY APPlICABlE ON_ WRIT OF EXECUTION: N.D. WAIVER OF WATCHMAN-Any dl!pul., !ihl!flll h!vVHllJ upun or allilchino any prOpl?rlV under within writ may leave surnt! without H watchman. III CW.lfJlly ul whUlllt'\;t'f l~ IOllfld III pOS';I'~iSlO", alll!r 1l011lVll10 pl~f:lOn of levv or ,Iltachmunl, without liabilitv on Iho pari 01 such dt!l!!!!y...Q!J~~' !.lli.tI1l1!!..._I_lli'J11~1I\III!Jlt.,t'Hl ~1I_ ~I~\Y !f)',', dl",lrlll'lll~ IJf 1~!Illl~.IL':.)L;I!!Y..Q!!C!.!J~f~lyJ..J!!lllm sholllf's sale Ihoroel a.~~::~::RN:~::;"IS:::;~O"-_ _ . __~IO~E_l~:~ONE~U~B~R___.r 1 DATE 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW, (Thl. ",eo mu.1 be complelod II nolle. I. 10 b. moll.d) SPACE BELOW FOR USE OF SH.;f!IFF ONLY - DO NOT WRITE BELOW THIS UNE 1:1.. acknowledge receipt of 1110 Wflt' ~ATURE of AUlIll~' 'II. F ELlO'V or Clerk and 1.llIn 101 Dah, f",e,"vnd 15. E,pimIKln/Henll"U d<11. or complalnl os Indlcaled nbove I -,LYl.W1..LL_... _L_( , ~__ d_ .__m__ ___ __..1.:!-96 _ ....!:-12-96 16.1 herebv CER11fY nndRETURN that I tJ hllW pel5tJIlilllV ~t" 1.'11. r I h,llll' h'\FIII'VUJllllt:U 01 ~1!fVl(;U ilU ShUWl1 1f1"lh!lIliitks-'. n hilVlJ t!.(!cLJled i15 shown In "Remarks", tho writ or compl<llnl dt!~clltwd ollll1t~ IIldlVltlual. t.:OIllP,HlV. CurPOlilIIUIl. ute .lIllht! iIlJdmS!i shown':IIJO\lI! t.Jt un Ih,! individual, company. corporolion, ole., at tho address insHr Iud lwlow hv hilrllllUl!j il TRUE nnd ATTESTED COPY lhtHeol ----._-,-,~~--'.- --, -------------- - 17.0 I herebv ccrlllv nnd return n NOT FOUND Ilt'CiHISI' I dill Utlilblt, lu IUCdlt! till' lllct.VllIU<lI. company. curpOIalioll, elc, named above. tSuu rt.!mmks below) 18, Numc and htlc of Ir.dlvldunl smVIHI III not stlOWII ilb~;.)--_._-----------n--.~_------- -- -no A I~'~'~~ '.WI.IIl'" .111" .ltl,I,II!'u,'IKln lho'lI J f f L N il S ".!>"'....I III Ih.. Ill'''',,,, \1\1 II u"IMI 111.1\01' ul . rey . . . r. ____~ ___ ___ _______ _ ____ ~_ __ ~II 20. Address 0' whuro 8crvud lcempl.'lt! 011 IV II 111111'11'111 111,11I !illOI/lIl..I)o'JI'II~)ltl'l't ur fit 0, Ap.ulnuml No. [I' Udh' uf St!r'JICU 22. Tunu CUy. Bore. Twp. SI.I.. Dnd Zip Code) 975 S. Main St. Ch88berabu!j (Place of Employment) 1-25-96 4130 23, ATTEIoIPTS Dote lilies Dep,lnl. Dolo Miie'lDCi>inil." Dol. CMU.. -I Dep, Ini:.I--OOieT Mil.. r D.p, In1 Dolo 1-22 10 Vi 1-25 10~~~_.1 1_ 2Udvonco Cosls 25 S"';~':~~"IS 2li~N~':'~Y~~~I;I~~~or_~~h- =-=- -=r. TO~~ ~;: 29 27.60 due .... I.... Em ECST pa Dep.lnl. 30, REMARKS: 31. AFFIRMED nnd 8l1hsc'lbt!llln hnlorl! 1Ill' llll!i_____.. _26tl!___ SO ANSWER 34. day 01 J nnuary.____.___~_.!'Lm._._~_u I;' ~i"l". llult. III 0"1) ~"""'" Theodore I... Konc..l .---- \~;;:;h;;;:;;'-!illl_:;III-.~n---_-._--~--- J,IUill" 37. .I001l1t1 -26-96 SItERIFF OF FRANK UN COUNTY MY.mt,4_IdL~~JQN..f_Xel!1F,~__________ ._~u ...... .__ u__.m___~ --____m___ 38.1 ACKNOWLEDGE ItECElPT or rilE SHERIFF'S RETURN SIGNATURE I OF AUTltORIZED ISSUING AIJ1I101l1T Y ^ND TITLE I "U1lu......"I~',,11 t."".Hi\-;;;:~----- .-...'"--- .W 11;lll'lku.t.....tl fCSO.1I1993 2. ,,\ I jl 'i1UEV JESSICA LeGORE, IN THE COURT OF COMMON PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-007 CIVIL TERM AND NOl'/, this :n r:~~~::~1996' upon consideration of tha JEFFERY L. NEIL, SR., Defendant PROTECTION FROM ABUSE AND CUSTODY Oonsant Agreement of the parties, the following Order is entered: 1. The defendant, JEFFERY L. NEIL, SR., is enjoined from physically abusing the plaintiff, JESSICA LeGORE, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. The defendant is prohibited from entering the plaintiff's place of employment or school. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff. 6. The defendant is ordered to stay away from the plaintiff's residence located at 11198 Forge Hill Road, Roxbury, Franklin County, Pennsylvania, which the parties have never shared, except for the limited purpose of tranSferring custody. 7. The defendant is ordered to stay away from any.resjdence:the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody. 8. The court costs and fees are waived. 9. This Order shall remain in effect for a period of one year or until modified or terminated by the Court after notice or hearing and may be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 10. This Order may subject the defendant to: i) arrest under 23 Pa. C.S. 66113; ii) a private criminal complaint under 23 Pa. C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. 66114.1. Resumption of co-residenco on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 11. The Mid-Cumberland Valley Regional Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. 6 6113). By the Court, rJ.!i:o~, . located at 1198 Forge Hill Road, Roxbury, Franklin County, Pennsylvania, which the parties have never shared, except for the limited purpose of transferring custody. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody. 8. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 9. The defendant understands that the Protection Order entered in this matter shall be in effect for a period of one year or until modified or terminated by the Court after notice or hearing and, can be extended beyond that time, if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 10. The defendant understand~ that this Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 11. The defendant and the plaintiff are in the process of negotiating a Temporary Custody Order and agree that pending further Order, the mother shall have primary physical custody subject to periods of visitation with the father at times agreed upon by the parties. The parties further agree that the matter of custody will be scheduled for a Conciliation Conference. WHEREFORE, the parties request that a Protection Order and a Temporary Custody Order be entered to reflect the above terms. \ '\,' . \ ~e i'~a~L'~\re, "~;~~;~(f\ ,,:) O~:vlv' ltJ4,:'_l ~carey /l 'Attorney for Plaintiff LEGAl smvICES, It<<:. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 j!/k'(ljli.d_~ , ~~ L. Neil, Sr., Defendant I. __ Q.6h ' er~eigle Horney or Defendant MARK, WEIGLE & PERKINS 126 East King Street Shippensburg, PA 17257 (717) 532-7389 JESSICA LeGORE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-007 CIVIL TERM vs. JEFFERY L. NEIL, SR., Defendant CUSTODY QJ~DER OF CQlJ.R'r AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ._H-'1>" I t. 'j. (-y, \rt."IJ,){,. _____, the conciliator / at --~"LlhJ1:!~!-_(~'IY'\'..:.k (~':dl"'.~_ on the 2..t:,L day of __..}J\'''I_______., 1996, at _f):3l~IL .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. F~~_CZ~r:t!Z{t~r. ~conci iator t-/7'?5/P) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 OORICANl121ITH DISAB]LITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Acto 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 scheduled hearing or business before the court. You must attend the scheduled conference or hearing. ( 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection trom such abuse. 7. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 9. The plaintiff desires that the defendant be restrained from entering her place of employment or school. 10. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the plaintiff. B. BZCLU8rv2 POSSZBBION 11. The plaintiff cannot reveal the owners of the home from which she desires tha the defendant be ordered to stay away, and the plaintiff is not seeking the eviction of the defendant from his residence, but asks that the defendant be ordered to stay away from wherever she resides. c. A~ORNEY .218 12. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. D. TEMPORARY CUSTODY 13. The plaintiff seeks temporary custody of the following child: ( .... 'r...nt R..id.no. .au JEFFERY NEIL, JR. Undisclosed location 3 mos. The child was born out of wedlock. The child is presently in the custody of the Plaintiff, who resides at an undisclosed location. Since the child's birth, the child has resided with the following persons and at the following addresses: .... Addr...., Dat.. plaintiff , defendant plaintiff 325 Fort Street Shippensburg, PA undisclosed location 12/17/95 - present 9/4/95 - 12/17/95 The mother of the child is Jessica LeGore, currently residing at an Undisclosed location. She is single. The plaintiff currently resides with the following persons: lfua Relat:ionBhig Jeffery Neil, Jr. son The father of the child is Jeffery Neil, Sr., currently 9280 Otterbein Church Road, NeWburg. He is single. 14. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 15. The plaintiff has no knoWledge of any custOdy proceedings concerning this child pending before a court in this or any other jurisdiction. ( 16. The plaintiff does not know of any person not a party to this action who has physical custody of ~he child or claims to have custody or visitation rights with respect to the child. 17. The best interests and permanent welfare of the minor child will be met if custody is temporarily qranted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a fit parent who can best take care of the minor child. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. c. The defendant has never cared for the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.c.s. S 6101 G ug., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. ordering the defendant to refrain from having any direct or indirect contact with the plaintiff includinq, but not limited to, telephone and written communications; 3. ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the I I I ~ C' ( . I. ... " -,I REQ-Orf\CI: 1'0: 'T\.Il= ~OTlI()ll)TN1Y }'". ,.,1 tf " , Or. ..~I~tI - I I,. . \" ~, " ... ~'..,. Pw\i ...;\ ~.I ~ ' . \ JESSICA LeGORE, Plaintiff : : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96 - 007 CIVIL TERM CIVIL ACTION - CUSTODY v. JEFFERY L. NEIL, SR., Defendant 17 tL. AND NOW, this day of consideration of the attached Custody Conciliation ordered and directed as follows: COURT ORDER J,-~ ",. , 1996, upon Report, it is 1. The Mother, Jessica LeGore, and the Father, Jeffery L. Neil, Sr., shall enjoy shared legal custody of Jeffery L. Neil, Jr., born September 4, 1995. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy temporary physical custody of the minor child as follows: A. From 5:30 p.m. on Saturday until 5:30 p.m. on Sunday for the weekends of June 1, June 15, and June 29. B. From 5:30 p.m. on Friday until 5:30 p.m. on Sunday for the weekend of July 12 through July 15, and alternating weekends thereafter. C. For the weekend of August 23, Father's period of time shall be extended and continue for one full week at August 30 at. 5:30 p.m. D. On the week Father will not have custody of the children for the weekend, he shall enjoy a period of temporary custody on Wednesday from 5:30 p.m. until 7:00 p.m. 4. The parties shall, between themselves, work out an arrangement whereby they can share custody of the child on holidays and appropriate birthdays. 5. Father shall handle transportation for exchange of custody.