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HomeMy WebLinkAbout00-04932 , Melissa A. Fye, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 00- 4 q 3:L CIVIL TERM William Sidney Fye, III, 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 ~ q 0 ,2000, AT It) ',00 fr.M., IN COURTROOM NO. I OF TH CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYL VANIA. 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 injail under 23 Pa.C.S. g6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. g2265, 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. g 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 fmd 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," . ._TiliIllM111111r~llll\!'~ ~ ~ ~ '-~~, - n= Fli i="f)' _r1',':Clto"lC ..~.. ,. '-' 't\.,.IL, Ti W' u'('!~u'.'".'(\nRV . '-.' I, oJ ' '~'I kllt\1 t 00 JUL I 2 p;",,; 3:?? .-'- CUMSl:HLAr{) COUNW PENNSYl'/'~Nv^, _m~.ii1_~~ 1Il~~fl'11!l;i'j~'f'Jl!!RI">"fl'<%M'fW'1iI,qi:w..~ll~\';~'1lfii'IMt~ r',"'""~ . Melissa A. Fye, Plaintiff : IN THE COURT OF COMMON : PLEAS OF . : CUMBERLAND COUNTY, : PENNSYLVANIA v. William Sidney Fye, III, Defendant : No. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: William Sidney Fye III Defendant's Date of Birth is: August 17, 1969 Defendant's Social Security Number is: 189-54-2344 N ame( s) of All protected persons, including Plaintiff and minor children: I. Melissa A. Fye AND NOW, on 11th Day of July, 2000 upon 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. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, 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. Plaintiffs residence located at 60 East Louther Street, Carlisle, Pennsylvania, and Plaintiffs place of employment located at Diamond Auto Glass, Trindle Road, Carlisle. 3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 ofthis 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. 4. Pendi the outcome of the final hearing in this matter, Plaintiff is. awarded tempo a custody ofthe following minor child/ren: Until the final hearing, I contact between DeD limited to the following: Plaintiff shall have primar hysical cody of Beauen A. Fye.(DOB 10/21/94), and the parties sha ve ared legal custody. Defendant shall have periods of partial custody as s: - Every other weekend fro riday until Mon Defendant shall return t child to his daycare. ...c..-Vtl -.. - Every Saturday . t from 9p.m. until 9a.m. as long as Pia Sunday mornin ob. - Every ot r Wednesday during the week following the Defendant's weeke of custody, Defendant shall pick up the child from daycare and ~ retu im to the paternal grandmother's by 8:00p.m. at which time the PI' iff shall pick up the child. T e local law enforcement agency in the jurisdiction where the child/ren are ocated shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms ofthis Order. 5. The following additional relief is granted: - Defendant shall refrain from harassing plaintiff's relatives. - Defendant is enjoined from damaging or destroying any property owned jointly by the parties or solely by Plaintiff. ~uP 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Borough Police Middlesex Township Police 7. 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. ,,!, 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN-IN EFFECT UNTIL JANUARY 11, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS 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. S6114. Consent ofthe 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. S6113. Defendant is further notified that violation of this Order 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 U.S.C. SS2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by 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. If defendant violates Paragraphs 1 through 4 of this Order, defendant shall 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 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 ofthis court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. ~llll';~ _u :rJ-"t ILt "2,Y(;)~te Distribution to: . -/;, J. S Legal Services ~. - . Faxed & Mailed to PSP .-,.1.)..01) " il',~~i~, ,1iIP'=='= "'~-~=. , ,->>~~ 0::' - ~ " '" l!!lll ,,^~ P~ AD Number: ZEl109077Q Melissa A. Fye, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. William Sidney Fye, III, Defendant ; No. 6-0. 'f93:L ~ TL-- : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Melissa A. Fye 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. Melissa A. Fye 4. Plaintiff's Address is : 60 E. Louther Street, Apt 1 , Carlisle, P A 17013 5. Defendant's Name is: William Sidney Fye III 6. Defendant is believed to live at the following address: 315 E. Louther Street, Carlisle, P A 17013 7. Defendant's Social Security Number is: 189-54-2344 8. Defendant's Date of Birth is: August 17, 1969 ~> "" -.." ,- -~ '>-" 9. Defendant's Place of employment is: Peter Them Builders, 9 Rapuano Way, Carlisle, PA 17013 10. Defendant is an adult. II. The relationship between the Plaintiff and the Defendant is: Spouse Parents ofthe same children 12. The defendant has been involved in a criminal court action. 13. The defendant is not currently on probation / parole 14. Plaintiff and Defendant are the parents of the following minor child/ren: a. Beauen A. Fye Age:5 yrs old Child's address is: 60 E. Louther Street, Apt 1 , Carlisle, P A 17013 15. Plaintiff is seeking an Order of child custody as part ofthis petition. The following is a list ofthe children and where they have live for the past 5 years: a. Beauen A. Fye For the past 5 years, this child has lived with: .9/94 to 9/97, 303 W. Ridge St., Carlisle, child resided with Plaintiff,Defendant, Defendant's daughter, Amber, and Defendant's mother Julia Fye. . 9/97 to 6/23/00, 315 E. Louther St., Carlisle, child resided with Plaintiff, Defendant and Defendant's daughter,Amber Fye. . 6/23/00 to Present, 60 E. Louther Street, Carlisle, child resides with Plaintiff. 16. The facts of the most recent incident of abuse are as follows: On or about July 4, 2000, Defendant forced his way into Plaintiffs residence. Defendant called Plaintiff vile names, pushed her around the room, and pushed her to the floor. Each time Plaintiff would try to stand up, the defendant pushed her down again. Defendant pinned Plaintiff down on the bed with his body and arms, spit in her face, threatened to kill her, and forcefully pushed the pillow on her face. Defendant rolled the plaintiff off of the bed, and pushed her into an open trunk. When Plaintiff got up, Defendant grabbed her by the hair and threw her onto the bed causing her to hit the back of her head on the backboard. Defendant grabbed their child and left the residence. Plaintiff suffered bruises on her legs and bumps on the back of her head. The police were called and Defendant was arrested for simple assault, harrasment, criminal trespass. The parties son was retrned to Plaintiff when Defendant was arrested. 17. Prior incidents 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: On or about June 14, 2000, Defendant pushed Plaintiff into the wall and onto the couch. &-:1..... ,"' '-'\~H',~''''';" Defendant screamed at Plaintiff and raised his fist in a threatening manner as if he were going to hit Plaintiff causing her. to fear for her safety. Defendant threatened to hurt Plaintiff if she did not get out of their residence. Later that day, Defendant screamed at Plaintiff, pushed her around the house, and raised his fist to her as if he were going to punch her. On or about May 6, 2000, Defendant pushed the plaintiff off of the porch and locked her out of the house. In or about the middle of May 2000, Defendant picked up a shovel and Plaintiff raised her arms believing defendant was going to hit her. Defendant picked up Plaintiff by her arms and threw her off of the porch. When Plaintiff returned to the porch, Defendant threw her off of the porch a second time, went into the residence, and locked her out of the house. Since approximately 1995, Defendant has abused Plaintiff in ways including the following: grabbed Plaintiff by her hair and arms, pushed her, and raised his fist to her in a threatening manner causing her to fear for her safety. On at least two separate occasions, Defendant grabbed Plaintiff by her throat, choked her, and pinned her against the wall. In the past, Defendant punched the parties puppy and hit the puppy with a shoe. 18. The police department(s) or law enforcement agencies that should be provided with a copy ofthe protection order are: Carlisle Borough Police Middlesex Township Police 19. There is an immediate and present danger of further abuse from the Defendant. 20. The Defendant owes a duty of support to Plaintiff and/or minor child/ren. 21. 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. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Plaintiff shall have primary physical custody of Beauen A. Fye(DOB 10/21/94), and the parties shall have shared legal custody. Defendant shall have periods of partial custody as follows: - Every other weekend frOm Friday until Monday morning, at which time Defendant shall return the child to his daycare. - Every Saturday night from 9:00 p.m. until Sunday at 9:00 a.m. as long as Plaintiff has her Sunday morning job. - Every other Wednesday during the week following Defendant's weekend of custody, Defendnat shall pick up the child from daycare and return him to the paternal grandmother's residence at 8:00p.m. for Plaintiffto pick up the child. c. 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, < ".'" l.I ...~,";. ,.~..~' .~...,. '~1'<' including but not limited to any contact at Plaintitl's 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. d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren, including medical support . f. Order Defendant to pay the costs of this action, including filing and service fees. g. Order the following additional relief, not listed above: - Defendant shall pay 5250.00 to one of Legal Services, Inc. 's funding sources for the cost of litigation in this case. - Defendant shaD not harass Plaintiff's relatives. - Defendant shall not damage or destroy any property owned by the parties or solely by the Plaintiff. h. 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 infonn the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. n -.... ___nnnnn__ ____nn (L _. ) Respectfully Submitted by: Vfu~C~y, Plaintiffs Agency: Legal Services, Inc. tty. ;JUl ~ - ,-= . . -". , 'Lv' 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. 94904, relating to unsworn falsification to authorities. Dated:1{~ IO,~OOO r[)llj MtL ~ Melissa Fye, Plaintiff ~~~~~~~~N'.'iJIH,~*","'''''.ld*",~i'i,~_'~;';j,""Hr,W'l:H'',l;rl,W~7>.Mii*.l<lI'"'t"':;!!ili!l,~,~mikJ[n l"it'" ""-"'*l ~~~-" -,~~ - ,~.~~til!.lil'llJ!I!lIi (') c- ."':;;', G~ i~~~ ~--. :;:,'" ,:~,. (0_;.:-,. ;:s ,~~,; ....-\. , ....~. ,- 5,~'c> :c,;c: c- :2 ::< ~ ~ <:::;J (:..-:; C). -Tj ::..:j Te~::p] ,~ .".;n'- C~' ,~:~i -"'1'.~, ;':;- -;.; ~~G OM -,.1 ~ -< - <'''::;;: ".: :ZJ ~;-,. ry r.- (./1 ~jl~u_ ",_" 07/121QO WED 15:04 FAX 717 240 6573 . - ~ ClIMB CO PROTHONOTARY {)o - L/.'l3:P ~ 001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 1983 92490779 07/12 14:57 07'23 13 OK . ~ " 0' SHERIFF'S RETURN - REGULAR CASE NO: 2000-04932 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FYE MELISSA A VS FYE WILLIAM SIDNEY III CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon FYE WILLIAM SIDNEY III the DEFENDANT , at 0016:15 HOURS, on the 12th day of July 2000 at 315 E. LOUTHER ST CARLISLE, PA 17013 by handing to WILLIAM SIDNEY FYE III a true and attested copy of PROTECTION FROM ABUSE together with & CUSTODY, 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 3.10 .00 10.00 .00 31.10 R. Thomas Kline 07/13/2000 Sworn and Subscribed to before By: me this :1.0 day of Jl)...Ly ().07J0 A.D. 1M,,; ~~~;;~ f1t. ,,,,"".' . -,',. . , ....~ , Melissa A. Fye, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- 4932 CIVIL TERM William Sidney Fye, III, Defendant : PROTECTION FROM ABUSE AND CUSTODY ORDER FOR CONTINUANCE AND NOW, this l (j /~ day of, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing, July 20, 2000, by this Court's Order of July 11,2000, is hereby rescheduled for hearing on August 9,2000, at 9:30 a.m. in Courtroom No.1. The Temporary Protection From Abuse Order shall remain in effect fer Ii flsRse sf eigBtil:ll ~~31 &~1l~...dd~"t1'.\~~ ~~1~~,"~11,~~~~;j"r of Court. whid1"FeI' GQme~ YJ;?;t. By the Court, ;j!J-7 !Wesley Oler, r., udge t~4U 7- fJ..O-oo R~~ Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff William Fye, III Pro Se Defendant \!li\r\~~;\~,\S>~N3cJ '" Ie..".. ,<,' ,',c'I'''''''''' 1\.1:\1 ,'".,'",' _ ;.._,':';'"I~I iJ ~: S ;~: : :-': '"", ,~; \;'il' LD }"L"f.'~,:~ ' ,.'P," i-", -' .,.>- ...' ~". "- , . ~ Melissa A. Fye, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00- 4932 CIVIL TERM William Sidney Fye, III, Defendant : PROTECTION FROM ABUSE AND CUSTODY () C) ,! C (.:.:> "'"'h '"'"- ~.~ ....!, c:: MOTION FOR CONTINUANCft~ '~: r::::: ,--.-' "'-" ,. The Plaintiff, Melissa A. Fye, by and through her attorney, Joan Carey of Legal~~ic@~ Inc) ;; ;:'~ \"-? ""~~i moves the Court for an Order rescheduling the hearing in the above-captioned case o~e @un~ that: 1. A Temporary Protection From Abuse Order was issued by this Court on July 11, 2000, scheduling a hearing for August 9, 2000, at 9:30 a.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 at his residence located at 315 East Louther Street, Carlisle, on, July 12, 2000, at 4:15 p.m. 3. The parties agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4. The Plaintiff requests 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. _""",,1 ,- - ". I . 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. aryann Murphy, Joan Carey and Philip . riganti, Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle,PA 17013 (717) 243-9400 .' I ~"t'.:ii':-11 '~ , ,,' ~! l~t ~~ml,m~~~~a.!!'iill!illll.il'~D''''' ~ III~ ~.'. , - ,. ,,0, ".-.'''^ ,~~,'~,~, ~" ~"",.. ~ " ~. _"U. <' t::.:..1~H'i 1IilIiIII'''"'''' (') C' d.:'" 0(;~-,> :T;n' :C..'::) Z.C' (j)",..,: -/ ' [~:~~' C:"/-'-. ""HIiilll-~ . S:;: '~r'! \'-J ,-. ~ (- ~?: ~~ ~~~ C_, .-:'- :.n :2 C> " ,~,." -, Melissa A. Fye, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA ( v. William Sidney Fye, III, Defendant : No. 00-4932 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: William Sidney Fye III Defendant's Date of Birth is: August 17, 1969 Defendant's Social Security Number is: 189-54-2344 Name(s) of All protected persons, including Plaintiff and minor children: 1. Melissa A. Fye AND NOW, this 9th Day of August, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: 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. Except as provided in Paragraph 4 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 ofthis order. Plaintiffs residence located at 60 East Louther Street, Carlisle, Pennsylvania, and Plaintiffs place of employment located at Diamond Auto Glass, Trindle Road, Carlisle. i, ',', .'~ , ,,--..,,~ ~',-'-. , ~ ~o ~~' HU"DO::FlCE ~- "'. d' ,.."...., '('I "'T>."V Ur !!-;{':, 5."".' 1r('!-..j\\;UJrn 00 AUG I I AN 9: Ii 6 CUMBERlAND COUNTY PENNSYLVANIA J ~ ___lV "..~f..~1'lf: ~;,r:m"J~~~~ .~ 3. Except as provided in Paragraph 4 of this Order, Defendant shall not cdntact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Custody ofthe following minor children: 1. Beauen A. Fye shall be as follows: · Plaintiff shall have primary physical custody of Beauen A. Fye.(DOB 10/21/94), and the parties shall have shared legal custody. Defendant shall have periods of partial custody as follows: - Every other weekend from Friday afternoon when he shall pick the child up from daycare until Monday morning, when he shall return the child to daycare. - Each week from Tuesday after daycare until Wednesday at 8:00 p.m. Father is responsible for taking the child to daycare on Wednesday mornings and picking him up after daycare on Wednesdays for his evening period of cnstody. - At other dates and times agreed upon by the parties. -The mother and father, by mutual agreement, may vary from this schedule at any time, but the order shall remain iu effect until further Order of Court. -The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. -Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural developmentofthe child's love or respect for the other parent. 5. The following additional relief is granted as authorized by 96108 of the Act: - Defendant shall refrain from harassing plaintiffs relatives. - Defendant is enjoined from damaging or destroying any property owned jointly by the parties or solely by Plaintiff. - Defendant shall pay half of the child's daycare each week. - Defendant shall be responsible for providing health care coverage for the child. -The court costs and fees are waived. L ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY I I i I I " I 'j :1 i 1 'I I , i ,I I :1 ,1 ;,j !l 1 , ,I :1 I ,j '1 I d I :1 'I I :1 I i I I I , !j I I I I I ! 6. A certifie~ C?py o~ this Order shall be provided to the police department where PlaintIff reSides and any other agency specified hereafter: Carlisle Borough Police Middlesex Township Police 7. THIS ORDER SUPERSEDES: 8. All provisions of this order shall expire on: February 9, 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 P A.C.S. ~6ll4. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS 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. IF YOU TRAVEL OUTSIDE OF THE ST ATE AND INTENTIONALLY VIOLATE THIS 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 PENAL TIES 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 4 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. ~6Il3. 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. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shal1 be arraigned, bond set and both parties given notice of the date of the hearing. By the Court: rd Wesley Ole If entered pursuant to the consent of Pia ntiff and Defendant: .1I1~A ~ William Fye, Defendant Pro se ((it lWLJI1#r., Melissa F ye, Plaintiff t".jA~~J/ /l}oan Carey v Attorney for Plaintiff Legal Services, Inc. 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TX REPORT **. ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION In ST. TIME USAGE T PGS. RESULT 2057 92490779 08/11 09: 56 02'47 5 OK 08/11/00 FRI 10:25 FAX 717 240 6573 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT CUMB CO PROTHONOTARY ********************* ... TX REPORT ... ********************* 2058 92490779 08/11 10: 22 02'53 5 OK ~001 R~ ~~~ 08/11/00 FRI 15:49 FAX 717 240 6573 . '..: cmm CO PROTHONOTARY 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* ... TX REPORT ... ********************* ('~ r\ t (.'a.. ( ~\O c: ~ s s :~\,- 2065 92405331 08/11 15: 45 04'37 9 OK 08/11/00 FRI 15:44 FAX 717 240 6573 CUMB CO PROTHONOTARY @JOOl TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 2064 p3? .' . ~ I~\f\? \ e\ ~O--\O- S~e . ' ********************* *** TX REPORT *** ********************* TRANSMISSION OK 92490779 - 08/11 15: 39 04'38 9 OK 08/11/00 FRI 15:52 FAX 717 240 6573 CliMB CO PROTHONOTARY 141001 . ' . ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 2066 92438026 08/11 15:52 00'29 1 OK ~x -e d I \'Q 1'\ S l'Y\ ItS \ (J,.J ~\~~t ra~ ~SP to L"j"- \ S'fIU;Q>'j