HomeMy WebLinkAbout00-07851
LEISA NYE,
: IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
VS.
: CUMBERLAND COUNTY, PENNSYLVANIA
; NO. 2000- '10->/ CIVIL TERM
BRYAN LEE NYE,
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.
1\HEARING ON THIS MATTER IS SCHEDULED ON l~~/"3 ,DX\Xf
:1,' ,30 rli.M., IN COURTROOM NO. 0 OF THE CUMBERLAND
COUNTY COUR OUSE, 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 ofthis
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 U.S.C. 92261-2262.
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 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 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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Leisa Ann Nye,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
Bryan Lee Nye,
Defendant
: No.
00- :rz5t
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Bryan Lee Nye
Defendant's Date of Birth is: June 22,1966
Name(s) of All protected persons, including Plaintiff and minor children:
1. Leisa Ann Nye
AND NOW, o;-J<<' , ~consideration ofthe 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 Plaintiff's school, business, or place of employment. Defendant
is specifically ordered to stay away from the following locations for the duration
of this order.
- Any future residence Planitiff may establish.
- Plaintiffs place of employment located at Forest Park Health Center, 700
Walnut Bottom Road, Carlisle, Pennsylvania.
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3. 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. 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 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 Defendant by mail.
-Law enforcement agencies, human service agencies and school districts shall
not disclose the presence of Plaintiff and/or the child in the jurisdiction or
district or furnish any address, telephone number, or any other demographic
information about Plaintiff and/or child except by further Order of Court.
-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 fmds
that Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
-Defendant is enjoined from damaging, destroying, removing, or selling any
property owned jointly by the parties or owned solely by Plaintiff.
-Defendant is to refrain from harassing Plaintiff's relatives or the minor
child.
- Defendant shall return Plaintiff's car keys to the Sheriff when he is served
with this Order.
5. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Silver Springs Police Department
Carlisle Police Department
6. 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.
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7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MAY 9, 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. g6114. 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.
g6113. Defendant is further notified that violation of this Order may subject him/her
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 U.S.C. gg226l-
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 ofthis order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 through 3 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 of law
enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation ofthis Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sheriff's office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weapon/s are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
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Distribution to:
Legal Services
Faxed & Mailed to PSP
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PFAD Number: GRl157009C
Leisa Ann Nye,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
Bryan Lee Nye,
Defendant
: No. CO ~ f~51
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
I, Plaintiff's name is:
Leisa Ann Nye
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. Leisa Ann Nye
4. Plaintiff's address is
confidential
5. Defendant's Name is:
Bryan Lee Nye
6. Defendant is believed to live at the following address:
6412 Carlisle Pike, Lot 20 , Mechanicsburg, P A 17050
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7. Detendant's Date of Birth is:
June 22, 1966
8. Defendant's Place of employment is:
Yale Electric, Carlisle Pike, Mechanicsburg
9. Defendant is an adult.
10. The relationship between the Plaintiff and the Defendant is:
Spouse
II. The defendant has been involved in a criminal court action.
12. The defendant is not currently on probation I parole
13. The following other minor child/ren presently live with Plaintiff:
a. Danielle Ann Darhower
14. The facts of the most recent incident of abuse are as follows:
On or about October 27, 2000, Defendant put his guns in his truck and told
Plaintiff he was going to the mountains to kill himself. Later, when Defendant
returned to the residence, forced his way into the bathroom where Plaintiff was,
pushed her several times, and threatened to put her head through the wall.
Defendant followed Plaintiff to the living room, pushed her onto the couch,
removed her glasses, and told her he did not want to break them causing Plaintiff
to fear he was going to hit her in the face. When Defendant and Plaintiff went to
bed, Defendant grabbed Plaintiff by the arms, and called her vile names. The next
morning when Plaintiff attempted to leave the residence, Defendant told her she
"wasn't going anywhere." When Plaintiff was able to get away from the residence,
she went to the Silver Springs police station to report the incident. The police went
back to the residence with her so that she could get her clothes. Fearing for her
safety Plaintiff has not returned to the residence since this incident.
15. 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:
Since approximately August 2000, Defendant has pushed Plaintiff, called her vile
names, and on one occasion, grabbed the phone from Plaintiff and threw it across
the room. Defendant has exhibited controlling behavior by telling Plaintiff where
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she can go, who she can speak to, and what she can do.
16. The police department(s) or law enforcement agencies that should be provided with a
copy ofthe protection order are:
Silver Springs Police Department
Carlisle Police Department
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 Plaintiff'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.
c. Order Defendant to pay the costs of this action, including filing and
service fees.
d. Order the following additional relief, not listed above:
-Defendant shall refrain from harassing Plaintiff's relatives.
- Defendant shall be enjoined from damaging, dstroying,
removing or selling and property owned by Plaintiff or jointly by
the parties.
- Defendant shall pay $250.00 to one of Legal Services, Inc.
funders as reimbursement for litigation in this case.
- Defendant shall return Plaintiff's car keys to the Sheriff when
he is served with this Order.
e. Grant such other relief as the court deems appropriate.
f. 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.
"'- --
Respectfully submitted,
Date:
11-&-00
an arey, Attorney for P iff
EGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Distribution to:
Legal Services, Inc.
Fax and Mail to PSP
VERIFICATION
I veritY 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. g4904, relating
to unsworn falsification to authorities.
Dated: ! /- ;) -CO
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Leisa Nye, P 'ntiff
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11/~6~00 "MON 15:26 FAX 717 240 6573
CliMB CO PROTHONOTARY
141 001
***************************
u. MULTI TN REPORT u.
***************************
TXlRX NO
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TRANSACTION OK
2264
01]9p2405331
03]9p2438026
04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
ERROR
OFFICE OF 'mE PROTIlCl'OTARY
CUMBERl.J\ND 0XJNT'f rouR'IlICXlSE
ONE axJRTHOOSE SOUARE
CARLISLE. PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
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C. e(\trCL l \tocess v. I
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PA STATE POLICE
ATE LEe 0 PIE R
FAX #:
717-249-0779
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RE: PFA ORDERS
MESSAGE ,
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Leisa Ann Nye,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
Bryan Lee Nye,
Defendant
.
: No. 00-7851
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: Bryan Lee Nye
Defendant's Date of Birth is: June 22,1966
Name(s) of All protected persons, including Plaintiff and minor children:
I. LeisaAnn~ ~ 6~ ~, 'ZoOO,
AND NOW, this ~ 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:
Plaintiff's request for a fmal protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any
other protected person in any place where they might be found.
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 employement. Defendant is specifically ordered to
stay away from the following locations for the duration of this order.
- Any future residence Planitiff may establish.
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- Plaintiffs place of employment located at Forest Park Health
Center, 700 Walnut Bottom Road, Carlisle, Pennsylvania.
3. Defendant shall not contact the Plaintiff, or any other person protected
under this Order, by telephone or by any other means, including
through third persons.
4. The following additional relief is granted as authorized by g6l 08 of the
Act:
-Defendant is enjoined from damaging, destroying, removing, or
selling any property owned jointly by the parties or owned solely
by Plaintiff.
-Defendant is to refrain from harassing Plaintiff's relatives or the
minor child.
-Defendant agrees Plaintiff shall enter the residence and storage
shed on November 21, 2000, while Defendant is at work to remove
any of her personel belongings. Plaintiff shall leave any keys to the
residence and storage shed on the kitchen counter before she
leaves.
-The court costs and fees are waived.
5. A c(Jrtified copy of this Order shall be provided to the police
department where Plaintiff resides and any other agency specified
hereafter:
Silver Springs Police Department
Carlisle Police Department
6. THIS ORDER SUPERSEDES:
1. ANYPRIORPFAORDER
7. All provisions of this order shall expire on: May 8, 2002
NOTICE TO THE DEFENDANT
~~~
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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. g6ll4.
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 THE COMMONWEALTH OF PUERTO RICO UNDER THE
VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. g2265. 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 g~226l-
2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE
ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION
AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE
GUN CONTROL ACT, 18 U.S.C. g922(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 3 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, g6113.
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
shall be arraigned, bond set and both parties given notice of the date of the
hearing.
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If entered pursuant to the consent of Plaintiff and Defendant:
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Leisa Nye, ~aintiff
oan Carey, Attorn
LEGAL SERIVCES, IN
8 Irvine Row
Carlisle, PA 17013
Distribution to:
Legal Services
-Fax and Mail to PSP
-Bryan Nye
-6412 Carlisle Pike Lot 20
Mechanicsburg, P A 17055
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11/09/00 THU 10:27 FAX 717 240 6573
CliMB CO PROTHONOTARY
14J001
. .
***************************
n* MULTI TN REPORT ***
***************************
TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2272
01]9p2405331
03]9p2438026
04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
ERROR
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OFFICE OF '!HE PROI'HCKJTARY
CUMBERLAND ax.JNTY COURTI-lOOSE
OOE o::xJJmlOOSE SQUARE
CARLISLE. PA. 17013-3387
(717) 240-6195
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PA STATE POLICE
FAX (717) 240-6573
V I ATE LEe 0 PIE R
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717-249-0779
fRCl1 :
CURTIS R. LONG
RE:
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MESSAC,"E ;
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-07851 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NYE LEISA
VS
NYE BRYAN LEE
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
NYE BRYAN LEE
the
DEFENDANT
, at 0019:20 HOURS, on the 6th day of November, 2000
at 6412 CARLISLE PIKE
LOT 20
MECHANICSBURG, PA 17055
by handing to
BRYAN L. NYE
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE
and at the same time directing His attention to the contents thereof.
Additional Comments
DEFENDANT GAVE THE PLAINTIFF'S KEYS TO CUMBERLAND CO.
DEPUTIES, KEYS WERE THEN GIVEN TO LEGAL SERVICES
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
7.44
.00
10.00
.00
35.44
So Ans. w. er~;.,.: .;.. ~ ~/A!
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R. Thomas Kline
11/08/2000
day of
Sworn and Subscribed to before By:
me this I'/~
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, Prothonotary1
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