HomeMy WebLinkAbout00-08309
I,
~"-
1.1
;,IH
-'lir
MELISSA MARIE MEHAFFEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00- 'i:30'o/
CIVIL TERM
JAMIE RAY FISH,
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.
A hearing on ~his matter is scheduled on the (, t1j day of December, 2000, at ,;(;.sa .p .m.,
in Courtroom No..!:f- on the 4th Floor of the Cumberland County Courthouse, 1 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. ~6l14. Violation may also subject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code. Under federal law, 18 US.C. ~2265, this Order is enforceable
anywhere in the United States, tribal lands, US. Territories and the Commonwealth of Puerto Rico, If you
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 US.C. ~ 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer represent
you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or
cannot afibrd one, go to or telephone the office set forth below to find out where you can get legal help. If
you cannot find a lawyer, you may have to proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERICANS WlTH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland Comrty is required by Iawto 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.
,~
~
Li
',:
MELISSA MARIE MEHAFFEY,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
v.
: PENNSYLVANIA
: Civil Action - Law
JAMIE RAY FISH,
Defendant
; No. 00- 6'309 Cuxl I.v--
:
: Protection From Abuse
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: JAMIE RAY FISH
Defendant's Date of Birth is: July 27,1970
Defendant's Social Security Number is: 161-58-5472
Name(s) of All protected persons, including Plaintiff and minor children:
I. MELISSA MARIE MEHAFFEY
AND NOW, on 28th Day of November, 2000 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.
II
,i. '1-
"'--C
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 schoo~ business, or place of
employment. Defendant is specifically ordered to stay away from the following
locations for the duration of this order.
Plaintiff's current resideuce or any other place where she may stay during
the term of this Order:
27 Chestnnt Street, Apt. 9
Mt. Holly Springs, PA
Plaintit1'splace of employment or any other place where she may be
employed during the term of this Order:
Chelsea Settlement Services
5010 East Trindle Road, Suite 200
Mechanicsburg, PA
Plaintit1's mother's residence:
Sharon Mehaffey
220 West Hill Street
Jonestown, PA (Lebanon County)
3. Except for such contact with the minor child/ren as may be permitted under
paragraph 4 of this Order, Defendant shall not contact PIaintiH: or any other
person protected under this Order, by telephone or by any other means, including
through third persons.
4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor child/ren:
1. DREW TAYLOR FISH-MEHAFFEY
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
Defendant may have periods of partial custody with the parties' minor child,
DREW TAYLOR FISH-MEHAFFEY, by contacting Plaintiff's attorney in
this action. Arrangements shall be on dates and at times mutually agreed by
the parties uutil further Order after the hearing scheduled in this case.
The local law enforcement agency in the jurisdiction where the child/ren are
located shall ensure that the child/ren are placed in the care and control of the
Plaintiffin accordance with the terms oftms Order.
5. The following additional reliefis granted:,
Probibit Defendant from baving any contact with Plaintiff's relatives and
Plaintiff's child listed in this petition, except as the court may find necessary
with respect to partial custody with the minor child.
Order Defendant to refrain from barassing Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property owned
solely by Plaintiff.
6. A certified copy of this Order shaH be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
MT. HOLLY SPRINGS POLICE DEPARTMENT
HAMPDEN TOWNSIIIPPOLICE DEPARTMENT
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. TillS ORDER SUPERSEDES
ANY PRIOR PFA ORDER
ANY PRIOR ORDER RELATING TO CHILD CUSTODY
9. TIllS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MAY 28,2002 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY TIllS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000,00 and/or up
to six: months injail. 23 Pa.C.S. ~6114. Consent ofthe PJaintitTto 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 Pac C. S.
~6113. 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. ~~2261-
2262.
"
'"
I.-I
'0' I.. ,I
~. ~ " ........if;:
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 occurs OR where the
defendant may be located. If defendant violates Paragraphs I through 4 of this Order,
defendant shaJ] 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 SberifPs office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order ofthis 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.
Judge
&....0
Date
Distribution to:
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine R.ow, Carlisle, PA nOB
FAXed & mailed to PSP .fl
Wet ~ tis psp
~t:o C.P-LS
~b,f L5
'i:
PF AD Number: GXII64889J
MELISSA MARIE MEHAFFEY,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
v.
: PENNSYLVANIA
: No. 00- ;309 ~ T.u.-
: Protection From Abuse
JAMlE RAY FISH,
Defendant
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
MELISSA MARIE MEHAFFEY
2. I, (the Plaintifi), 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 MARIE MEHAFFEY
4. Plaintiffs Address is: 27 Chestnut Street, Apartment 9 ,Mt. HoRy Springs, PA 17065
5. Defendant's Name is:
JAMIE RAY FISH
6. Defendant is believed to live at the following address:
470 Eshelman Street, Highshpire, PA 17934
7. Defendant's Social Security Number is:
1 j
"'" ~ -.. "
161-58-5472
8. Defendant's Date of Birth is:
July 27, 1970
9. Defendant's Place of employment is:
Unknown to Plaintiff.
10. Defendant is an adult.
II. The relationship between the Plaintiff and the Defendant is:
Parents of the same children
Current or former sexuaJfmtimate partner
12. The defendant has been involved in a criminal court action.
13. Plaintiff and Defendant are the parents of the following minor child/ren:
a. DREWTAYLORFlSH-MEHAFFEY
Age:2 years old
Child's address is: 27 Chestnut Street, Apt. 9 ,Mt. Holly Springs, PA 17965
14. Plaintiff is seeking an Order of child custody as part ofthis petition.
The following is a list of the children and where they have live for the past 5 years:
a. DREW TAYLORFlSB-MEHAFFEY
For the past 5 years, this child bas lived with:
Plaintiff at 27 Chestnut Street, Apt. 9,
Mt. Bolly Springs, PA, from mid-September 1999,
to the present.
Plaintiff and Defendant, at 468 Centerville Road,
Newville, PA, from ber date of birth on
September 25, 1998, to mid-September 1999.
15. The facts of the most recent incident of abuse are as follows:
'Iif,'
On about Sunday, November 19, 2000
location: 5401 Carlisle Pike, Meehanicsburg (parking lot of Wanda's)
On or about November 19, 2000, Defendant argued with Plaintiff, reached in through the
driver's side window of Plaintiff's vehicle, grabbed PlaintiWs face and squeaed it, grabbed the
glasses off of her face and held on to them with his rigllt hand as he attempted to push the
window down with his left hand. When Plaintiff closed the window, Defendant pulled IDs hands
back. and Plaintiff drove away. Plaintiff drove to the Hampden Township Police Dllpartment
and reported the incident. Plaintiff sustained a seratch on her eye causing soreness and blUrred
vision as a result of this incident.
16. 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 September 11, 2000, Defendant telephoned Plaintiff's residence repeatedly, and left
messages on her answering machine demanding that she pick up the telephone. At
approximately 11:00 p.m. Defendant went tOo PlaintiWs residence unanBOunced and uninvited,
and for several minutes he pounded on her door and windOows" and yeDed demanding that she let
him in. Defendant left when Plaintiff did not respond. Plaintiff feared for her safety.
Ou or about August 14, 2000, Plaintiff mailed a letter to Defendant advising him not to go to her
residence again or he would he considered a defiant trespasser. See EUibit A. incorporated
herein by reference.
On or about Au~st 10,2000, Defendant forced his way into Plaintiff's residence and shoved her
causing her to strike her knee agaiust mrniture. Plaintiff sustained bruising,
sweDing and soreness about her knee as a result ofthis incident.
Since September 1999, Defendant bas telephoned Plaintiff at her residence several times a day
almost daily, bas come to her place of employment on several occasions, and came to her
residence on September 11, 2000, despite the defiant trespass letter she mailed to him on or
about August 14, 2000.
In or about September 1999, as Plaintiff was moving out of the residence she shared with
Defendant, he shoved her to the ground, straddled her, and grabbed her by the neck with both
his hands and strangled her.
In or about early 1999, Defendant grabbed Plaintiff and shoved her onto the bed as she held the
parties' infant daughter in her arms.
In or about February ll, 1998. Defendant shoved Plaintiff about the room causing her to fidl
against furuiture. Plaintiff sustained bruising and soreness about her hip as a result oftbis
incident.
In or about early 1998, Defendant threw a bench-pressing barbeD at Plaintiff as she lay on the
~'""-
I',
II
-'~;'-
i
ronch, narrowly missing hitting her with it.
In addition, Defendant has thrown household objects at Plaintiff such as a remote control and
telephones, and he has damaged her property by kicking her vehicle and flattening the tires.
Legal Services, Inc. f'ded two separate Protection From Abnse actions against Defendant on
behalf of two different women, one in 1994, and the other in 1995. Additionally, in 1997, a
warning letter was sent to Defendant by Legal Services, Inc. on behalf of a third victim" and
another in 1998, at the request of Plaintiff in the above-captioned action, Defendant's fonrth
victim.
17. The police department(s) or lawenfurcement agencies that should be provided with a copy of the
protection order are:
MT. HOILY SPRINGS POLICE DEPARTMENT
HAMPDEN TOWNSHl'PPOLlCE DEPARTMENT
18. There is an immediate and present danger offurther abuse from the Defendant.
19. Plaintiffhas suffered out-of-pocket financial losses as a result of the abuse described above. Those
losses are:
Plaintiff's lost wages as a result ofthis action.
20. 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 ofthe minor child/ren and place the following
restrictions on contact between Defendant and child/ren:
Defendant may have periods of partial custody with the parties' minor child,
DREW TAYLORFISH-MElIAFFEY. by contactingPlaiBtitl'"!1 attorney in this
action. ArrangementSc shall be on dates and at times mnttlally agreed by the
parties nntil fUrtherOnfer after the bearing !IcheduIed in this case.
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,
including but not limited to any contact at Plaintiff's schoo~ 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.
"'
II
d. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintifi's
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. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the
result of the abuse, to be determined at the hearing.
f Order Defendant to pay the costs of this action, including filing and service fees.
g. Order the following additional relief, not listed above:
Order Defendant to refrain from harassing Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property owned solely by
Plaintiff.
Order Defendant to enroll in the Choices program for batterers at Tressler
Lutheran Services in Mechanicsburg or through Mosaic Counseling Services in
Harrisburg, successfully complete the 26-week program, and foRow and
complete any related recommendations for treatment made by the program
staff. Defendant shull be responsible for the payment of all costs related to
enrolling and attending the program and for any costs for additional treatment
recommended by stafT.
Order Defendant to pay $250.00 to one of Legal Services, mc.'s funding
sources for the cost of litigating this case.
h. Grant such other relief as the court deems appropriate.
l. 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,
oan Carey, Attorney for
LEGAL SERVICES,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I I'
_ .~' ~J'''',.
I_I'
,=,.
,'Ii
VERIFICATION
I verifY that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904, relating
to unsworn falsification to authorities,
Dated:
I /-~z,-(Y)
~JU~ I!IIiIT
Melissa Marie Mehaffey, PI '
"
~-li' .0\. n[iii-JiJ\li~1fr~ilillf!lf&jtt!!l~f',il'!i'lmIf.\."*,~~;:lli{!iI,*%~j;\"O&i\.l-:J5-.'~_1;
l,l.c
tt
1
~. ~
)-.., "'l::,
L,
~
~
,
,,~
wl.v
'\."\
::\:.'1>
? I
,,:h!':h,._<_,
M!L,..."ll",.t~~, . !! L L.illl J '. II.L" ...IL..I........
_,_ ".,.,__"~_,, ,_","_,,__~_5;;;->h~:..;m;M;_iiliMll!lilr'~r '"'" "Iililftr-- ~.I1'~"'~"~.I!lb,,~~!I'o>:iI.l!i!1~Il'~~t5dlli a- 1] i l __~.fJ
C?
~~
,;;: ("~-
;21;;~
~~
'~\
\ .. -;"
~~
.," ~,~- <. ,.- -- <-.
,..
(._.:'
'---;...
~'5
:'<)
i::;'"
_:~'
':D
~~
.
~"-
.1
.
.;....LJ. "
-I,
11/28/00 TOE 14:35 FAX 717 240 6573
CUMB CO PROTHONOTARY
141001
$$$$$$$$$$$**$$**$$*$$$**$*
*** MULTI TN REPORT ***
**$***$$$**$*$*$**$$**$$*$$
TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2307
[ 01]9p2405331
[ 03]9p2438026
[ 04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
ERROR
.
OFFICE OF TIre PROI'HO'<OTARY
OJMBERLAND a:xJNTY o:xJR'IllCOSE
ONE CCX]RTHCUSE s:lUARE
.
CARLISLE, PA. 17013-3387
(7171 240-6195
FAX (717) 240-6573
FAX .:
psP
L5 .J .
C. t' (l{ (() I .r 0[;-(' 55 (11. j
q-c1..4o- 533/
V I ATE LEe 0 PIE R
TO:
f'R(}1 :
cURTIS R. LONG
RE: -P FA OrleV5
MESSAGE :
-........--.--
!"^.
-4i--
00. OF PAGES (INCLUDING COVER sHEET)
....-- _.~---
'!his ~ is il'tc.M mly fur" tiE ~ of t:te irrlividLEll a: Entity ID <JtiJ::h is is ~, a:n <Taj'
al'It<rln infi::;Itrrat.i tMt i$ p:iv:iJt::g;rl. a:nficEntial aU ~ f.mtt di.....1""".-e I"flEr <n>1 i.........le ]&1. {f
lID re:rer of U"Iis ,,~: "'T is rot tl-e intEl-oo:l r:e::ip:iEnt, ~ are IEI:d:>J rotifiaj lh'it <nj ~ticn,
dis1::riWt:ia'I or o:p(irg of tl"lis a::rotr.niJ::atjO'l is strictly prhibita:l. If J'CU h:r..e re:ei\S':l l1\13
._ _,_ ,".~ ,~",...,.."... nl_ mtifV tB ilmaliatel.v l:J{ ~:re ad ~etum tie odgir5I. ,,~!;'"-q' to <.E at
-----------.--- -
, ,
~ "~ L I ~~
i 1-
lilli(-
..
MELISSA MARIE MEHAFFEY,
Plaintiff
: In the Court of Common Pleas of
:
: CUMBERLAND County,
v.
: PENNSYLVANIA
: Civil Action - Law
JAMIE RAY FISH,
Defendant
: No. 00-8309
:
: Protection From Abuse
FINAL ORDER OF COURT
Defendant's Name is: JAMIE RAY FISH
Defendant's Date of Birth is: July 27, 1970
Defendant's Social Security Number is: 1f>1-58-5472
Name(s) of All protected persons, including Plaintiff and minor children:
1. MELISSA MARIE MEHAFFEY
AND NOW, this 6th Day of December, 2000 the court having jurisdiction over the
parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as
follows:
plaintifi; Melissa Marie Mehaffey, is represented by Joan Carey of Legal Services, Inc,;
Defendant, Jamie Ray Fi is UIIf' resented, but has been advised of his right to
counsel in this r.
Defendant, altho agreeing 0 the terms of this Order, does not admit the allegations
made in the Petition.
Plaintiff's r._ 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. 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 Plaintift's school,
business, or place of employement. Defendant is specifically ordered to stay away
from the following locations for the duration of this order.
Plaintiff's current residence or any other place where she may stay during the
term of this Order:
27 Chestnut Street, Apt. 9
Mt. HoUy Springs, P A
Plaintiff's place of employment or any other place where she may be employed
dnring the term of this Order:
Chelsea Settlement Services
5010 East Trindle Road, Suite 200
Meehanicsburg, PA
Plaintiff's mother's residence:
Sharon Mehaffey
220 West Hill Street
Jonestown, PA (Lebanon County)
Defendant may telephone Plaintiff at her residence for the limited purpose of
communicating custody arrangements and information concerning the parties'
child.
Defendant shaD remain in his vehicle at all times during transfer of custody.
3. Except as provided in Paragraph 4 of this Order, Defendant shall not contact the
Plaintiff, or any other person protected under this Order, by telephone or by any
other means, including through third persons.
4. Custody of the following minor children:
1. DREW TAYLOR FISH-MEHAFFEY
shall be as follows:
. Primary physical custody of the minor child/ren is awarded
to the Plaintiff.
. Defendant shall have partial custody oCthe child (see
attached Temporary Custody Order).
II
..
5. The following additional relief is granted as authorized by ~61 08 of the Act:
Defendant is prohibited from having any contact with Plaintiff's relatives.
Defendant is ordered to refrain hm harassing Plaintiff's relatives.
Defendant is enjoined from damaging or destroying any property owned
solely by Plaintiff.
The court. costs and fees are waived.
6. A certified copy ofthis Order shalI be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
MT. HOLLY SPRINGS POLICE DEPARTMENT
HAMPDEN TOWNSHIP POLICE DEPARTMENT
7. TIDS ORDER SUPERSEDES:
1. ANY PRIOR PF A ORDER
2. ANY PRIOR ORDER RELATING TO CIDLD CUSTODY
8. All provisions of this order shall expire on: June 6, 2002
NOTICE TO THE DEFENDANT
VIOLATION OF TIllS ORDER MAY RESULT IN YOUR ARREST ON TIIE
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. 23PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO
PROSECUTION AND CRIMINAL PENALTIES UNDER TIIE PENNSYLVANIA
CRIMES CODE.
TIDS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, TIIE DISTRICT
OF COLUMBIA. TRIBAL LANDS. US. TERRITORIES AND TIIE
COMMONWEALTH OF PUERTO RICO UNDER TIIE VIOLENCE AGAINST
WOMEN ACT, 18 US.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIOLATE TIllS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US.C ~~2261-
2262, IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER,
L
,. ~":';~~.,
. ~ 'I J
I.
'0 l,~:
YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTlES
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 plaintifi's residence OR any location where a
violation of this order occurs OR where the defendant may be located, shall enforce
this order. An arrest for violation of Paragraphs 1 through 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. ~6113.
Subsequent to arrest, the police officer shall seize all weapons used or threatened to be
used during the violation of the protection order or during prior incidents of abuse.
The shall maintain possession of the weapons until further order of this Court.
When the defendant is placed under arrest for violation of this order, the defendant
shall be taken to the appropriate authority or authorities before whom defendaut is to
be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed
and signed by the police officer OR the plaintiff. Plaintifl'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.
If entered pursuant to the consent of Plaintiff
rJt~A m mJ
~ Attorney for' aintiff
By the Court, I
-4 .A6/t-
ss, Judge
Distribution to:
Joau Carey, Attorney for Plaintiff
LEGAL SERVICES, INe.
8 Irvine Row, Carlisle, P A 17013
e Ray Fish, D aut.N'l.O /
CrJf'~,(\ 1'~
1~- 7-00
fQ~ to PS P-Q P -1;;-07'00
Jamie Ray Fish, Defendant
480 Eshelman Street
Highspire, PA 17034
FAXed and mailed to PSP - J:; - ?-() 0
, LT,
~-
I:
I
.
MELISSA MARIE MEHAFFEY,
Plaintiff
: IN TIIE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-8309 CIVlL TERM
JAMIE RAY FISH,
Defendant
: PROTECTION FROM ABUSE
TEMHORARY CUSTODY ORDER
AND NOW, this ~ day of December, 2000, the following Order is entered by consent of
the parties with regard to custody of the parties' child, Drew Taylor Fish-Mehaffey.
1. Plaintifl; hereinafter referred to as the mother, and Defendant, hereinafter referred to
as the father, shall share legal custody of the child.
2. The mother shall have primary physical custody of the child.
3. The father shall have partial custody of the child on alternating weekends from Friday
at 5:00 p.m. until Sunday at 7:00 p.m." and from 5:00 p.m. until 7:30 p.m. on the Wednesdays
following the father's weekends, and at other times mutually agreed upon by the parties.
4. Father shall provide transportation as follows: on the Wednesdays following his
weekends and on the Friday of his weekend visits father may pick the child up at 5 :00 p.m. at her day
care facility, or at his mother's residence if the child is with her on a Friday.
The father shall return the child to the mother at the Sheetz convenience store in Mt. Holly
Springs on Route 34 South and he shall remain in his vehicle at all times during transfer of custody.
Custody transfer locations may vary by mutual agreement of the parties.
5. The parties shall alternate the following holidays from 10:00 a.m. until 7:00 p.m.:
Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving Day. The mother shall commence the
schedule having the child on Easter in 2001.
~J
"
~ ,to i
~ "
'"='~,
6. The father and mother shall alternate the Christmas holiday with one parent having
the child on Christmas Eve from noon until Christmas Day at noon, and the other parent having the
child from noon on Christmas Day until December 26th at noon. The mother shall commence the
schedule havingthe child for the period beginning Christmas Eve in 2000, and in even numbered years
thereafter.
7. The mother shall have the child on Mother's Day from 10:00 a.m. and keep her for
the remainder of the day, and the tather shall have the child from 10:00 a.m. until 7:00 p.m. on
Father's Day.
8. The father shall have the right to partial custody of the child for 2 non-consecutive
weeks each summer. The father shall give the mother 30 days notice as to when his period ofsummer
custody will take place. The mother shall have the right to have the child on weekends during that
time unless the father takes the child on a vacation trip away from home, including weekends. The
mother also has the rightto take the child on, a summer vacation including a maximum of2 weekends.
The parties shall provide each other with complete addresses and telephone numbers where they can
be reached while on vacation with the child if they vacation away from their residence.
9. The parties shall notifY each other immediately of any change of residence and/or
telephone number.
10. The mother and father, by mutual agreement, may vary from this schedule at any time,
but the Order shall remain in effect until further Order of Court.
11. 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.
12. 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
-
, I
1-',
_, 1.1
development of the child's love or respect for the other parent.
B:(; /l d
K1 Hess, Judge
This Order is entered pursuant to the consent of Plaintiff and Defendant:
1I1~f/lfJ1~
Melissa Marie M 'y lamtIff ,
~y~
LEGAL SERVICES. INC.
8 Irvine Row
Carlisle, PA 17013
_" ,. 1
<
- -1~"
,-
i_I
I' I;
0-.
12/07/00 THU 16:31 FAX 717 240 6573
CUMB CO PROTHONOTARY
~001
I
.
***************************
$0$ MULTI TN REPORT $0$
*ttt**tt**tt***************
TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2331
01]9p2405331
03]9p2438026
04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
ERROR
,..
OffICE OF 'IllE PROI'HCN:n'ARY
OJMBERUIIIID CXXJNIY COUR'IHCXJSE
.
ONE CXXJR1HOOSE SQUARE
CARLISLE, PA. 17013~3387
(717) 240-6195
fAX U:
psP
LS .
c. (' f1.{ ad -?r oc.:t' 55 01.J
q-a14o- 533/
FAX (717) 240-6573
V I ^ TEL E COP I E R
TO:
fROoI :
CURTIS R. LONG
RE: :P FA Orclecrs
MESSAGE :
--I.J.1 NO. Of PAGES (rN.::WOING aJVER SHEET)
,/
.',
'!his II "'1' is int:Erd3d ally fu: tte lEe of tte irdiv.idl..al IX EntiLy to WIidI is is ",)1, i, a-d IT8i
a:nlain .infi::1uTetirn ttat :ia p::i.vi.lsg!!I:l. o:nf;identiaJ. en:! ~ fron oJ....1.... we Uli;:r !{pI io;tll.. laoI. ff
tIe ~ of this W "T is rot tie inte~ te::ipimt, )0.1 are I'ez:d:y rotifiBj ttat i'fl/ ~ticn.
d.istl;'it.l.lt Q(' a;pfirg (Jf this CO'IITU'Iicat.lrn ill strictl.y p;dlibite:l. (f)O.1 taI.e mr;ei-..;d tillS
a:rnnni.c.;r...Jcn in =, pI.eme ml::ify l,$ :im1a:l..iate1y tJ{ tJ:ililhTC aLl tetum tie a:iginaI. " "'1' to 1S at
tie <tr:J.c' idi!:8b'3 vill tiE ll.5.p;:r:;tal se:vio=. 1la'1k \OJ.
IL
L
ok;,
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08309 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEHAFFBY MELISSA MARIE
VS
FISH JAMIE RAY
JODY SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
FISH JAMIE RAY
the
DEFENDANT
, at 0014:48 HOURS, on the 29th day of November, 2000
at CUMBERLAND CO. SHERIFF'S DEPT 1 COURTHOUSE SQUARE
CARLISLE, PA 17011 by handing to
JAMIE RAY FISH
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
18.00
.00
.00
10.00
.00
28,00
So Answers:
~~~4'~~(
R. Thomas Kline
11/30/2000
Sworn and Subscribed to before
By:
~6~~
Dep ty Sheriff
h. /"~
me t lS . -
day of
A2R"'.......k" ~-viJ A. D .
C)'P(:r.h~~t~:{J"J ~
>~M
~-..~ "
Ii
L,~ "
"",.,
,
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-08309 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEHAFFEY MELISSA MARIE
VS
FISH JAMIE RAY
R. Thoma.s Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
FISH JAMIE RAY
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within PROTECTION FROM ABUSE
On December 5th, 2000 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
DEP. DAUPHIN CO
18.00
9.00
10.00
25.50
.00
62.50
12/05/2000
~~
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this Jb~
day of /. O'-u~
acnro A.D.
~Q~.,~
Prothonota.ry
I'
1-,"1,,,
'"
,
@ffite of tlrc~4e:riff
William T. Tully
Solicitor
Ralph G. McAllister
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 171 0 1
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
MEHAFFEY MELISSA MARIE
vs
County of Dauphin
FISH RAY JAMIE
Sheriff's Return
No. 2682-T - -2000
OTHER COUNTY NO. 20-8309
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for FISH RAY JAMIE
AKA JAMES R/JAMES RAY FISH
the DEFENDANT named in the within PFA NOTICE OF HEARING & ORDER
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, November 30, 2000
RETURN TO CLAUDIA, CUMBERLAND COUNTY SHERIFF'S OFFICE PER JAN, LEGAL
SERVICES, CUMBERLAND COUNTY TO ~~RTINA ON 11-30~2000.
'""; T~=OO
So Answers,
JR~
Sworn and subscribed to
before me this
Sheriff of Dauphin County, Po..
PROTHONOTARY
By
Deputy Sheriff
Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
/J'
.
l_J
II.
,~ j~ ~ -I'
MELISSA MARIE MEHAFFEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00- "8309 CIVIL TERM
JAMIE RAY FISH,
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.
i'-
A healing O!I lis nIatter is scheduled on the K day of December, 2000, at d: Jt:J /J .11I.,
in Courtroom No. on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Sq&are,
Carlisle, Pennsylv nia.
You MUST obey the Order that is attached until it is modified or terminated by the cOUli 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 Climes 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 )lapel' 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 NUlnber: (717)249-3166
AMEIUCANS 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.
'. _,L,.I
MELISSA MARIE MEHAFFEY,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
v.
: PENNSYL VANIA
: Civil Action - Law
JAMIE RAY FISH,
Defendant
: No. 00- "& 309
: Protection From Abuse
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: JAMIE RAY FISH
Defendant's Date of Birth is: July 27,1970
Defendant's Social Security Number is: 161-58-5472
Name(s) of All protected persons, including Plaintiff and minor children:
I. MELISSA MARJE MEHAFFEY
AND NOW, on 28th Day of November, 2000 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.
~- _I
- -~
"-'~;':
_' b,
,...,-.
~ ._ ,. 1 I
,- Il~ ,
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 Plaintiff's school, business, or place of
employment. Defendant is specifically ordered to stay away from the following
locations for the duration of this order.
Plaintiff's current residence or any other place where she may stay during
the term ofthis Order:
27 Chestnut Street, Apt. 9
Mt. Holly Splings, P A
Plaintiff's place of eml)loyment or any other place where she may be
employed during the term of this Order:
Chelsea Settlement Services
5010 East Trindle ROllld, Suite 200
MechanicsbUl'g, P A
Plaintiff's mother's residence:
Sharon Mehaffey
220 West Hill Street
Jonestown, PA (Lebanon County)
3. Except for such contact with the minor child/ren as may be permitted under
paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other
person protected under this Order, by telephone or by any other means, including
through third persons.
4. Pending the outcome ofthe final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor child/ren:
1. DREW TAYLOR FISH-MEHAFFEY
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
Defendant Ulay have periods of partial custody with the parties' minor child,
DREW TAYLOR FISH-MEHAFFEY, by contacting Plaintiff's attorney in
this action. Arrangements shall be on dates and at times mutually agreed by
the parties until further Order after the hearing scheduled ill this case.
The local law enforcement agency in the jurisdiction where the child/ren are
located shall ensure that the child/ren are placed in the care and control of the
Plaintiff in accordance with the terms of this Order.
..
II
_J.o"""Il~~ _"
1'<'
5. The following additional relief is granted:
Prohibit Defendant from having any contact with Plaintiff's relatives and
Plaintiff's child listed in this petition, except as the conrt may find necessary
with respect to partial custody with the minor child.
Order Defendant to refrain from harassing Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property owned
solely by Plaintiff.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
MT. HOLLY SPRINGS POLICE DEPARTMENT
HAMPDEN TOWNSHIP POLICE DEPARTMENT
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 SUPERSEDES
ANY PRIOR PFA ORDER
ANY PRIOR ORDER RELATING TO CHILD CUSTODY
9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MAY 28, 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. 96114. 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.
96113. Defendant is further notified that violation of this Order may subject him/her
to state charges and penalties under the PelIDsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 U.S.c. 992261-
2262.
0'"
J l 'J .u
NonCE TO LAW ENFORCEMENT omnCMLS
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 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 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.
i /.c ,~
Judge
~R' ~l:)
,
Date
Distribution to:
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row, Carlisle, P A 17013
FAXed & mailed to PSP
TRUE COpy FROM RECORD
In Testimony hereof, I hereunto set my hand
hand and the seal of said Court at Carlisle, Fa.
'- This~~t~~Z~~
Prothon tal')'
,k-rr~~"
I. ,.,'
I:
II
-I_J.
.. ~lit '"
PFAD Number: GX1164889J
MELISSA MARIE MEHAFFEY,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYLVANIA
v.
: No. 00- ~O'1
: Protection From Abuse
JAMIE RAY FISH,
Defendant
PETITION FOR PROTECTION FROM ABUSE
I. Plaintiff's name is:
MELISSA MARIE MEHAFFEY
2. I, (the Plaintifl), 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 MARIE MEHAFFEY
4. Plaintiff's Address is: 27 Chestnut Street, Apartment 9 ,Mt. Holly Splings, PA 17065
5. Defendant's Name is:
JAMIE RAY FISH
6. Defendant is believed to live at the following address:
470 Eshelman Street, Highshpire, PA 17034
7. Defendant's Social Security Number is:
I.
~_' ~J I
161-58-5472
8. Defendant's Date of Birth is:
July 27, 1970
9. Defendant's Place of employment is:
Unknown to Plaintiff.
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Parents of the same children
Current or former sexual/intimate partner
12. The defendant has been involved in a climinaI court action.
13. Plaintiff and Defendant are the parents of the following minor childlren:
a. DREW TAYLOR FISH-MEHAFFEY
Age:2 years old
Child's address is: 27 Chestnut Street, Apt. 9, Mt. Holly Splings, PA 17065
14. Plaintiff is seeking an Order of child custody as part of this petition.
The fol1owing is a list of the children and where they have live for the past 5 years:
a. DREW TAYLOR FISH-MEHAFFEY
For the past 5 years, this child has lived with:
Plaintiff at 27 Chestnut Street, Apt. 9,
Mt. Holly Splings, PA, from mid-September 1999,
to the present.
Plaintiff and Defendant, at 468 Centerville Road,
Newville, PA, from her date of birth on
September 25, 1998, to lIIid-September 1999.
15. The facts of the most recent incident of abuse are as follows:
,1')
"'- ""-<'
0'_
,I-J,
. j J ~
-" ,
On about Sunday, November 19, 2000
location: 5401 Carlisle Pike, Mechanicsburg (parking lot of Wanda's)
On or about November 19, 2000, Defendant argued with Plaintiff, reached in through the
dliver's side window of Plaintiff's vehicle, grabbed Plaintiff's face and squeezed it, grabbed the
glasses off of her face and held on to them with his light hand as he attempted to push the
window down with his left hand. Wheu Plaintiff closed the window, Defendant pulled his hands
back, and Plaintiff drove away. Plaintiff drove to the Hampden Township Police Department
and reported the incident. Plaintiff sustained a scratch on her eye causing soreness and blnrred
vision as a result of this incident.
16. 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 Septelllber 11, 2000, Defendant telephoned Plaintiff's residence repeatedly, and left
messages on her answeling machine demanding that she pick up the telephone. At
appro:timately 11:00 p.m. Defendant went to Plaintiff's residence unannounced and uninvited,
and for several minutes he pounded on her door and windows, and yelled delllanding that she let
him in. Defendant left when Plaintiff did not respond. Plaintiff feared for her safety.
On or about August 14, 2000, Plaintiff mailed a letter to Defendant advising him not to go to her
residence again or he would be considered a defiant trespasser. See Exhibit A, incorporated
herein by reference.
On or about August 10, 2000, Defendant forced his way into Plaintiff's residence and shoved her
causing her to strike her knee against furnitnre. Plaintiff sustained brnising,
swelling and soreness about her knee as a result of this incident.
Since September 1999, Defendant has telephoned Plaintiff at her residence several times a day
almost daily, has come to her place of employment on several occasions, and came to her
residence on September 11, 2000, despite the defiant trespass letter she mailed to him on or
about August 14, 2000.
In or about September 1999, as Plaintiff was moving out ofthe residence she shared with
Defendant, he shoved her to the ground, straddled her, and grabbed her by the neck with both
his hands and strangled her.
In or about early 1999, Defendant grabbed Plaintiff and shoved her onto the bed as she held the
parties' infant daughter in her arms.
In or about Febrnary 13, 1998, Defendant shoved Plaintiff about the room causing her to fall
against furniture. Plaintiff sustained bruising and soreness about her hip as a result of this
incident.
In or ahout early 1998, Defendant threw a bench-pressing barbell at Plaintiff as she lay on the
_1_"
",j ..
" ,1"1
'-[,
couch, narrowly missing hitting her with it.
In addition, Defendant has thrown household objects at Plaintiff such as a remote control and
telephones, and he has damaged her property by kicking her vehicle and flattening the tires.
Legal Services, Inc. filed two separate Protection From Abuse actions against Defendant on
behalf of two different women, one in 1994, and the other in 1995. Additionally, in 1997, a
warning letter was sent to Defendant by Legal Services, Inc. on behalf of a third victim, and
another in 1998, at the request of Plaintiff iu the above-captioned action, Defendant's fourth
victim.
17. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
MT. HOLLY SPRINGS POLICE DEPARTMENT
HAMPDEN TOWNSHIP POLICE DEPARTMENT
18. There is an immediate and present danger of further abuse from the Defendant.
19. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those
losses are:
Plaintiff's lost wages as a result of this action.
20. 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 Clfthe minor child/ren and place the following
restrictions on contact between Defendant and child/roo:
Defendant may have periods of partial custody with the parties' minor child,
DREW TAYLOR FISH-MEHAFFEY, by contacting Plaintiff's attorney in this
action. Arrangements shall be on dates and at times lIIutually agreed by the
parties until further Order after the healing scheduled in this case.
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,
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.
,
II
'L.k.,
_'i.
d. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's
children listed in this petition, except as the court may find necessary with respect to
partial custody and/or visitation with the minor childlren.
e. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the
result of the abuse, to be determined at the hearing.
f. Order Defendant to pay the costs of this action, including filing and service fees.
g. Order the following additional relief, not listed above:
Order Defendant to refrain from harassing Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property owued solely by
Plaintiff.
Order Defendaut to euroll in the Choices program for batterers at Tressler
Lutheran Services in Mechanicsburg or through Mosaic Counseling Services in
Harrisburg, successfully complete the 26-week program, and follow and
complete any related recommendations for treatment made by the program
staff. Defendant shall be responsible for the payment of all costs related to
enrolling and attending the program aud for any costs for additional treatment
recommended by staff.
Order Defendant to pay $250.00 to one of Legal Services, Inc.'s funding
sources for the cost of litigating this case.
h. Grant such other relief as the court deems appropriate.
i. 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,
6c~1
I G/ a
'"?,L-J1, I -' '
? ,.,-' IV .i'i~' U--r_.
oan Carey, Attorney for I'
LEGAL SERVICES,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
. ,
Ii
11-
"_...J~,~".l '
..;.:-
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.g4904, relating
to unsworn falsmcation to authorities.
Dated:
I/-~l---(y)
~JU~ IlfIiIr
Melissa Marie Mehaffey, PI .
LI ~
- I __I" _ ~ ,
'illiiJ,:
"i
MELISSA M. MEHAFFEY
PLAINTIFF
V.
JAMIE R. FISH
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V AN1A
00-8309 CIVIL ACTION LAW
I:;
"O!
IN CUSTODY
ORDER OF COURT
::;
~ "
AND NOW, this 8th day of December, 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. . the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 onthe 2nd day ofJanuary, 2001 ,at 1:00 p.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 defIDe and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
j:
I
i~:
I
I
I'
FOR THE COURT,
h
"
i:
,.
I
By: Isl
Dawn S. Sunday. ~
Custody Conclhat .
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with DisabiIites 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.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
~
,
_ l/IIllI!II'ilIll..._._,~_
. ~ . . .'" .
~-o.' ._",'~ --~~-'--'''''-'''';'';;'''_>li''~'-r~ 'lY'f'f~"'fT:?i'i.p':"'- !~ ~' l rlllYi'ito"'-~'~"='-';flC-YY""
r-'.c- - , :~:U,:~~:\-~(J;':F<,\C
,~.;' " '-',"" I"", "-
"""JTt,RY
00 GEe I J~ p'J 12' 2 .
... ,1; . .<.b
CU'''';/:' ,\.
lVj.~~hLi-J'JLJ (~OUNT
t ENNSYLVANIA Y
/d-l'6"CJd UV{ ~ ~ j;; X5
/().;g.t7~ 111 ~ iP df:!'
/rJ -N .O~ tcPf# /1/f,;;k ~;If ~fr
~~_.....~..,~".,,,,",,,,,,!~_'~!!i'j!fs(~'1ilff!ffl~~lI!:i~::;j"r"~"'iI"?""'";""---~""'Y;'''.,
,~,<;' "'j\,.,.t""'T ',""'If'O'''1!JP_'R11~_'~li'!iIl'W~~1''";'''!f'~&~r;lllnkr;'I~;j1l!l:'l'f4i~Iit~'I,
,.,"
?J,4-~/~
5
* (J1e./I?1J19 (IJ /Jlel1~/(~
Plaintiff
v
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION LAW
; NO. f:f3 1) CJ CIVIL 20
: CUSTODYNlSITATION
*
~ Jc tZ. Ii"? Defendant
ORDER OF COURT
AND NOW, this _ day of , upon consideration of the attached complaint, it is
hereby directed that the parties and their respective counsel appear before
the conciliator, at
, on the day of , 20 , at M., for a
Prehearing 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 the court, and to enter into a temporary order. All children age five or older may also
be present at the conference. Failure to appear at the conference may provide grounds for
entry of a temporary or permanent order.
FOR THE COURT:
By:
Custody Conciliator
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 FOR
BELOW TO FINS OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
-
"
I
..I i
"-
NOV 2 8 ZOOO!J/)
MELISSA MARIE MEHAFFEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00- 1)309 CIVIL TERM
JAMIE RAY FISH,
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.
A hearing Oi!:l t lis matter is scheduled on the L.. day of December, 2000, at C);.'.3CJ ~.m.,
in Courtroom No. n the 4th Floor of the Cumberlaud County Courthouse, 1 Courthouse Square,
Carlisle, Pennsylv. nia.
You MUST obey the Order that is attached until it is modified or terminated by the conrt 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 Climes 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 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, PelUlsylvania 17013
Telephone Number: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Co nun on Pleas of Cumber land 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 aITangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
II
- I ,~
, -I
MELISSA MARIE MEHAFFEY,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
v.
: PENNSYL VANIA
: Civil Action - Law
JAMIE RAY FISH,
Defendant
; No. 00- 83cR
: Protection From Abuse
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: JAMIE RAY FISH
Defendant's Date of Birth is: July 27, 1970
Defendant's Social Security Number is: 161-58-5472
Name(s) of All protected persons, including Plaintiff and minor children:
I. MELISSA MARIE MEHAFFEY
AND NOW, on 28th Day of November, 2000 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 gl"anted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any
place where they might be found.
~"- ~
-
I ,
.Il
2. Except for such contact with the minor child/ren as may be pennitted 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 Plaintiff's school, business, or place of
employment. Defendant is specifically ordered to stay away from the following
locations for the duration of this order.
Plaintiff's current residence or any other place where she may stay during
the term ofthis Ordel":
27 Chestnut Street, Apt. 9
Mt. Holly Splings, PA
Plaintiff's place of employment or any other place where she may be
employed during the teI"m ofthis Order:
Chelsea Settlement Services
5010 East Trindle Road, Suite 200
Mechanicsbm'g, PA
Plaintiff's mother's residence:
Sharou Mehaffey
220 West HilI Street
Jonestown, PA (Lebanon County)
3. Except for such contact with the minor child/ren as may be pennitted under
paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other
person protected under this Order, by telephone or by any other means, including
through third persons.
4. Pending the outcome of the final hearing in tins matter, Plaintiff is awarded
temporary custody of the following minor child/ren:
1. DREW TAYLOR FISH-MEHAFFEY
Until the final hearing, all contact between Defendant and the clnld/ren shall be
limited to the following:
Defendant may have periods of partial custody with the parties' minor child,
DREW TAYLOR FISH-MEHAFFEY, by contacting Plaintiff's attomey in
this action. Arrangellleuts shall be on dates and at tillles mutually agreed by
the parties until further Order after the heal'ing scheduled in this case.
The local law enforcement agency in the jurisdiction where the child/ren are
located shall ensure that the child/ren are placed in the care and control ofthe
Plaintiff in accordance with the terms of this Order.
1 HI._
.~ '~'i',
-
I....i... '
5. The following additional relief is granted:
Prohibit Defeudlllnt from having any contact with Plaintiffs relatives and
Plaintiff's child listed in this petition, except as the COlll"t may find necessary
with respect to partial custody with the minor child.
Order Defendant to refrain from harassiug Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property owned
solely by Plaintiff.
6. A certified copy of this Order shall be provided to the police depaltment where
Plaintiff resides and any other agency specified hereafter:
MT. HOLLY SPRINGS POLICE DEPARTMENT
HAMPDEN TOWNSHIP POLICE DEPARTMENT
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 tlus Petition and Order without
prepayment of costs.
8. THIS ORDER SUPERSEDES
ANY PRIOR PFA ORDER
ANY PRIOR ORDER RELATING TO CHILD CUSTODY
9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MAY 28, 2002 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation ofthis Order may result in arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up
to six months in jail. 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant's return
to the residence 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.
96113. Defendant is further notified that violation of this Order may subject lumlher
to state charges and penalties under th~ pelIDsylva1uII Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 U.S.c. 992261-
2262.
I.~, I" ,
" -',
..-..~
".~
I.
~" I
I
, i "~,L,,
"
PFAD Number: GXll64889J
MELISSA MARIE MEHAFFEY,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYLVANIA
v.
: No. 00- 3369
: Protection From Abuse
JAMIE RAY FISH,
Defendant
PETITION FOR PROTECTION FROM ABUSE
I. Plaintiff's name is:
MELISSA MARIE MEHAFFEY
2. I, (the Plaintifl), 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 MARIE MEHAFFEY
4. Plaintifl's Address is: 27 Chestnut Street, Apartment 9, Mt. Holly Springs, PA 17065
5. Defendant's Name is:
JAMIE RAY FISH
6. Defendant is believed to live at the following address:
470 Eshelman Street, Highshpire, PA 17034
7. Defendant's Social Security Number is:
,
_0 ~
{:
1-,,-
I,,"J_L~
'-""
161-58-5472
8. Defendant's Date of Birth is:
July 27, 1970
9. Defendant's Place of employment is:
Unknown to Plaintiff.
10. Defendant is an adult.
II. The relationship between the Plaintiff and the Defendant is:
Parents of the same children
Current or former sexual/intimate partner
12. The defendant has been involved in a criminal court action.
13. Plaintiff and Defendant are the parents of the following minor child/ren:
a. DREW TAYLOR FISH-MEHAFFEY
Age:2 years old
Child's address is: 27 Chestnut Street, Apt. 9, Mt. Holly Springs, PA 17065
14. Plaintiff is seeking an Order of child custody as part of tins petition.
The following is a list of the children and where they have live for the past 5 years:
a. DREW TAYLOR FISH-MEHAFFEY
For the past 5 years, this child has lived with:
Plaintiff at 27 Chestnut Street, Apt. 9,
Mt. Holly Springs, PA, from mid-September 1999,
to the present.
Plaintiff and Defendant, at 468 Centervil\e Road,
Newville, PA, from her date of birth on
September 25, 1998, to mid-September 1999.
15. The facts of the most recent incident of abuse are as follows:
j, '
I;
1..,""1.;
On about Sunday, November 19, 2000
location: 5401 Carlisle Pike, Mechanicsburg (parking lot of Wanda's)
On or about November 19, 2000, Defendant argued with Plaintiff, reached in through the
driver's side window of Plaiutiff's vehicle, grabbed Plaintiff's face and squeezed it, grabbed the
glasses off of her face and held on to them with his right hand as he attempted to push the
wiudow down with his left hand. When Plaintiff closed the window, Defendant pulled his hands
back, and Plaintiff drove away. Plaintiff drove to the Hampden Township Police Department
aud reported the incident. Plaintiff sustained a scratch on her eye cansing soreness and blurred
vision as a result of this iucident.
16. 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 September 11, 2000, Defendant telephoned Plaintiff's residence repeatedly, and left
messages on her answering machine demauding that she pick up the telephoue. At
approximately 11:00 p.m. Defendant went to Plaintiff's residence unannounced and uninvited,
and for several minutes he pounded on her door and windows, and yelled demanding that she let
him in. Defendant left when Plaintiff did not respond. Plaintiff feared for her safety.
On or about August 14, 2000, Plaintiff mailed a letter to Defendant advising him not to go to her
residence again or he would be considered a defiant trespasser. See Exhibit A, incorporated
herein by reference.
On or about August 10, 2000, Defendant forced his way into Plaintiff's residence and shoved her
causing her to stlike her knee against furniture. Plaiutiff sustained bruising,
swelling and soreness about her knee as a result of this incident.
Since September 1999, Defendant has telephoned Plaintiff at her residence several tillles a day
almost daily, has come to her place of employment on several occasions, and came to her
residence on September 11, 2000, despite the defiant trespass letter she mailed to him on or
about August 14, 2000.
In or about September 1999, as Plaintiff was moving out of the residence she shared with
Defendant, he shoved her to the ground, straddled her, and grabbed her by the neck with both
his hands and strangled her.
In or about early 1999, Defendant grabbed Plaintiff and shoved her onto the bed as she held the
parties' infant daughter in her arms.
In or about February 13, 1998, Defendant shoved Plaintiff about the room causing her to fall
against furniture. Plaintiff sustaiued brui~ing and soreuess about her hip as a result of this
incident.
In or about early 1998, Defendant threw a bench-pressing barbell at Plaintiff as she lay on the
'~ -~. -'" i
,1
:J
i
:j
1
I
'!
'I
,II
'" i-t
i",;li
'" --,,"'-'ti'
.
couch, narrowly missing hitting her with it.
In 'addition, Defendant has thrown household objects at Plaintiff such as a remote control and
telephones, and he has damaged her property by kicking her vehicle and flattening the tires.
Legal Services, Inc. filed two separate Protection From Abuse actions against Defendaut on
behalf of two different WOlllen, one in 1994, and the otherin 1995. Additioually, in 1997, a
waming letter was sent to Defendant by Legal Services, Inc. on behalf of a third victim, and
another in 1998, at the request of Plaintiff in the above-captioned action, Defendant's fourth
victim.
17. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
MT. HOLLY SPRINGS POLICE DEPARTMENT
HAMPDEN TOWNSHIP POLICE DEPARTMENT
18. There is an immediate and present danger of further abuse from the Defendant.
19. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those
losses are:
Plaintiff's lost wages as a result of this action.
20. 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:
Defendant may have periods of partial custody with the parties' minor child,
DREW TAYLOR FISH-MEHAFFEY, by contacting Plaintiff's attomey in this
action. Arrangements shall be on dates and at times mutually agreed by the
parties until further Order after the hearing scheduled in this case.
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,
including but not limited to any contact at Plaintifl'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.
..:i
~~
i'
d I
d. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's
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. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the
result of the abuse, to be determined at the hearing.
f Order Defendant to pay the costs of this action, including filing and service fees.
g. Order the following additional relief, not listed above:
Order Defendant to refrain from harassing Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property owued solely by
Plaintiff.
Order Defeudant to euroll in the Choices program for batterers at Tressler
Lutheran Services in Mechanicsburg or through Mosaic Counseling Services in
Harrisburg, successfully complete the 26-week program, and follow and
complete any related recommendations for treatment made by the program
staff. Defendant shall be responsible for the payment of all costs related to
enroUing and attending the program and for any costs for additional treatment
recommended by staff.
Order Defendant to pay $250.00 to one of Legal Services, Inc.'s funding
sources for the cost of litigating this case.
h. Grant such other relief as the court deems appropriate.
I. 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,
///'~
.. ('~
.. (, ..
__71 .,',
,- '-,~:1. I . "-."
/~, .'le... .jL.. c.L
(/ oan Carey, Attorney for I I . ntiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
j., I,.
",'
"':1
..
..",
T~
:':"1'
,.1
_.j,
I'
,_, . - 11 = , -;,.. ~.-,:.i., '"
VERlFICA TION
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.s4904, relating
to unsworn falsification to authorities.
Dated:
/J - ~l--{y)
k ... '
MELISSA MARIE MEHAFFEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY; PENNSYL VANIA
vs.
: NO. 00-8309 CIVIL TERM
JAMIE RAY FISH,
Defendant
: PROTECTION FROM ABUSE
TEMPeRARY CUSTODY ORDER
AND NOW, this ~ day ofDecem:ber, 2000, the following Order is entered by consent of
the parties with regard to custody of the parties' child, Drew Taylor Fish-Mehaffey.
1. Plaintiff, hereinafter referred to as the mother, and Defendant, hereinafter referred to
as the father, shall share legal custody of the child.
2. The mother shall have primary physical custody of the child.
3. The father shall have partial custody of the child on alternating weekends from Friday
at 5:00 p.m. until Sunday at 7:00 p.m., and from 5:00 p.m. until 7:30 p.m. on the Wednesdays
following the father's weekends, and at other times mutually agreed upon by the parties.
4. Father shall provide transportation as follows: on the Wednesdays following his
weekends and on the Friday of his weekend visits father may pick the child up at 5 :00 p.m. at her day
care facility, or at his mother's residence if the child is with her on a Friday.
The father shall return the child to the mother at the Sheetz convenience store in Mt. Holly
Springs on Route 34 South and he shall remain in his vehicle at all times during transfer of custody.
Custody transfer locations may vary by mutual agreement of the parties.
5. The parties shall alternate the following holidays from 10:00 a.m. until 7:00 p.m.:
Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving Day. The mother shall commence the
schedule having the child on Easter in 2001.
..
" '
6. The father and mother shall alternate the Christmas holiday with one parent having
the child on Christmas Eve from noon until Christmas Day at noon, and the other parent having the
child from noon on Christmas Day until December 26th at noon. The mother shall commence the
schedule having the child for the period beginning Christmas Eve in 2000, and in even numbered years
thereafter.
8. The father shall have the right to partial custody of the child for 2 non-consecutive
i
I
II
.I
:i
~l
'I
[I
Ii
if
Ii
ii
Ii
'I
I,
[!
Ii
"I
';
7. The mother shall have the child on Mother's Day from 10:00 a.m. and keep her for
the remainder of the day, and the father shall have the child from 10:00 a.m. until 7:00 p.m. on
Father's Day.
weeks each summer. The father shall give the mother 30 days notice as to when his period of summer
custody will take place. The mother shall have the right to have the child on weekends during that
time unless the father takes the child on a vacation trip away from home, including weekends. The
mother also has the right to take the child on a summer vacation including a maximum of2 weekends.
The parties shall provide each other with complete addresses and telephone numbers where they can
be reached while on vacation with the child if they vacation away from their residence.
9. The parties shall notifY each other immediately of any change of residence and/or
ij
II
tJ
II
II
,
;:
telephone number.
10. The mother and father, by mutual agreement, may vary from this schedule at any time,
but the Order shall remain in effect until further Order of Court.
II. 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.
12. 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
~ .
development of the child's love or respect for the other parent.
. By the Court,
Kevin A Hess, Judge
This Order is entered pursuant to the consent of Plaintiff and Defendant:
rJ /;
Melissa Marie Meh y laintiff
~-
. (J.
~y, Attorney fi Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
arme y Fish, Defe
shelman Street
Highspire, P A 17034
,.~ ~
~I J
I'~~.~
JAN 2 9 ?fJ~
MELISSA M. MEHAFFEY,
Plaintiff
.
.
IN THE CCURT OF CCMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
vs.
: NO. 00-8309
CIVIL TERM
.
.
.
.
CIVIL ACTION - LAW
JAMIE R. FISH,
.
.
Defendant
: IN CUSTODY
ORDER OF COURT
AND NOW, this 19th day of January, 2001, the Conciliator, being
advised that Petitioner, Jamie R. Fish, has withdrawn his request for a
Custody Conciliation Conference in the above-captioned matter, hereby
relinquishes jurisdiction in this case.
The Custody Conciliation
Conference scheduled for February I, 2001 is canceled.
FOR THE OJURT,
Dawn~~
Custody Conciliator
-, .- "~. ."~
oil
.
"
FES 1 9 2002 v.-
MELISSA MARIE MEHAFFEY,
PlaintifflPetitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 00 -8309
PFAlCUSTODY
KEVIN A. HESS, JUDGE
JAMIE RAY FISH,
Defendant/Respondent
ORDER OF COURT
AND NOW, this
.
Z.O day of
tC".w",,-.,
, 2002,
upon consideration of the attached Petition for Special Relief, Petitioner's requested relief is
herebyGRANTED'I"t.4"l /u/o'~ ~ .
The Final Order of Court issued on December 6, 2000, is modified in the following
manner:
13. Defendant shall not remove the subject minor child, Drew Taylor Fish-Mehaffey,
born September 25, 1998, from the Commonwealth of Pennsylvania without the
prior express written consent of Plaintiff.
All other provisions of the Final Order of Court issued on December 6, 2000, shall remain
in full force and effect.
BY THE COURT,
Distribution List:
""yeter J. Russo, Esquire - Counsel for Petitioner
Aomas S. Diehl, Esquire - Counsel for Respondent
0amie Ray Fish - Plaintiff/Respondent
) topies r<tOo'\\e.d
O:l.-.~o'o~
~s
~
--- ,~"
"
.'
-
,v,.
. ,,,,,-."
-"~'~-'~'<'"' --~ ,~----
'-'
n? Fe]?Q
;: ~~ in; ~t~
r.,," "
CUiV\~~>~!_':>",JI \ !S~:~jUNTY
P,-I"\""..,I,,,\
!-\i.,\.. __"",
"..,.._,.!lj!~JlfI"""llI[
",'z. ,,,,c '" -" ~"',,, ,,- .'- "~~',..;' '"",.-,,,.~ -',V~ ^,,' i" """"T]~1J ]~nllr -["it( ".' " Y'';;'Tn T"
"""",~~~f'\'l~fe'.I_}'i'f~")'i~'f-~~>'ll'~!I!'lIIlI1~'~'1lifl~Pi!!lI"!_\lIiI!'!'.j~II~~~~
o ~ h L
,~ L " "
":'
MELISSA MARIE MEHAFFEY,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 00 -8309
PFAlCUSTODY
KEVIN A. HESS, JUDGE
JAMIE RAY FISH,
DefendantJRespondent
PETITION FOR SPECIAL RELIEF
SEEKING MODIFICATION OF CUSTODY
PROVISION OF FINAL ORDER
AND NOW, COMES, Melissa Marie Mehaffey, by and through her attorney, Peter J.
Russo, Esquire, and respectfully submits the following in support of Plaintiffs Petition for Special
Relief:
1. The petition of Melissa Marie Mehaffey respectfully represents that on December 6,
2000, a Temporary Custody Order was enter by this Honorable Court setting forth the
parties respective custody rights. A true and correct copy of which is attached as Exhibit 1.
2. On December 6, 2000, a Final Order of Court in connection with a Protection from
Abuse complaint was enter by this Honorable Court that incOIporated the December 6,
2000, Temporary Custody Order. A true and correct copy of which is attached as Exhibit 2.
3. Respondent has recently quit his job where his annual salary was approximately
$52,000.00.
4. Respondent has advised others including the Petitioner of a desire to relocate
outside of the Commonwealth of Pennsylvania.
5. Petitioner is fearful that Respondent will leave the jurisdiction of this Court with the
subject minor child, Drew Taylor Fish-Mehaffey, born September 25, 1998.
"
IJ'
,.1 I
"I.
~ n'-'
6. Petitioner respectfully requests that this Honorable Court modify the existing Order
of Court to include a provision that Defendant shall not remove the subject minor child
from the Commonwealth of Pennsylvania without the written consent of the Plaintiff.
7. Respondent's last known counsel, Thomas S. Diehl, Esquire, has been served a
copy of this Petition via telecopier and U.S. mail.
8. Respondent has also been served a copy of this Petition via U.S. mail.
WHEREFORE, Petitioner requests this Honorable Court modify the existing Order of
Court to include a restriction on removal of the subject minor child from the Commonwealth of
Pennsylvania without the consent of Plaintiff.
Date: kll S-/O'1....
~~?
Peter J. Russo
Attorney for Plaintiff
~ ~
~ "
.[.. ~,'
',,,",'I~,' -,~~_ -o'-.d "';N"~
MELISSA MARIE MEHAFFEY,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 00 -8309
PF A/CUSTODY
KEVIN A. HESS, JUDGE
JAMIE RAY FISH,
Defendant/Respondent
VERIFICATION
I, MELISSA M. MEHAFFEY, verifY that the statements made in the foregoing document
are true and correct. I understand that false statements made herein are subject to the penalties of
18 Pa.C.S. g4904 relating to unsworn falsification to authorities.
Date: ;)-11 -Od-.
~/Vl~_
MELISSA M. MEHAFF
MELISSA MARIE MEHAFFEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
JAMIE RAY FISH,
: NO. 00-8309 CIVIL TERM
Defendant
: PROTECTION FROM ABUSE
TEMPORARY CUSTODY ORDE--R
AND NOW, this ~ day of December. 2000, the following Order is entered by consent of
the parties with regard to custody of the parties' child, Drew Taylor Fish-Mehaffey.
1. . Plaintift; hereinafter referred to as the mother, and Defendant, hereinafter referred to
as the father, shall share legal custody of the child.
2. The mother shall have primary physical custody of the child.
3. The father shall have partial custody of the child on alternating weekends fromFriday
at 5:00 p.m. until Sunday at 7:00 p.m., and from 5:00 p.m. until 7:30 p.rn. on the Wednesdays
following the father's weekends, and at other times mutually agreed upon by the parties.
4. ;Father shall provide transportation as follows: on the Wednesdays following his
weekends and on the Friday of his weekend visits father may pick the child up at 5:00 p.m. at her day
care facility, or at his mother'srj;lsidence if the child is with her on a Friday.
The father shall return the child to the mother at the Sheetz convenience store in Mt. Holly
Springs on Rome 34 South and he shall remain in his vehicle at all times during transfer of custody.
Custody transfer locations may VlIIy by mutual agreement of the parties.
5. The parties shall alternate the following holidays from 10:00 a.m. until 7:00 p.m.:
Easter, Memorial Day, July 4th. Labor Day, and Thanksgiving Day. The mother shall commence the
schedule having the child on Easter in 2001.
,j
'~~
W'
Il
-rt
I,,:
~~...
"'
J
6. The father and mother shaR alternate the Christmas holiday with one parent having
the child on CJu;istmas Eve from noon until Christmas Day at noon, and the other parent having the
child from noon on Christmas Day until December 26th at !lOOn. The mother shall commence the
schedule havingthe child forthe period beginning Christmas Eve in2000, and in even numbered years
thereafter.
7. The mother shall have the child on Mother'sDay from 10:00 a.m. and keep her for
the remainder of the day, and the father shall have the child from 10:00 a.m. until 7:00 p.m. on
Father's Day.
8. The father shall have the right to partial custody of the child for 2 non-consecutive
weeks each sunriner. The father shall give the mother 30 days notice as to when his period ofsummer
custody will take place. The mother shall have the right to have the child on weekends during that
time unlesS the father takes the child on a vacation trip away from home, including weekends. The
mother also has the right to take the child on a summer vacation including a maximumof2 weekends.
The parties shall 'provide each other with complete addresses and telephone numbers where they can
be reached while on vacation with the child if they vacation away from their residence.
9. The parties shall notifY each other immediately of any change of residence and/or
telephone number.
10. The mother and father, by mutual agreement, mayvary from this schedule at anytime,
but the Order s~ remain in effect until further Order of Court.
11. 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.
12. Neither party shall do anything which may estrange the child from the other parent,
or injure the opiriion of the child as to the other parent or which may hamper the free and natural
,- ~ ,,-.
development of the child's love or respect for the other parent.
B7;(: ;4d
K7 Hess, Judge
This ,Order is entered pursuant to the consent of Plaintiff and Defendant:
1!I~A-!/1 M,ldI~
Melissa Marie M~~ll1;"tiff
~~~
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013 TRUE COPY,FROM RECORD
In Testimony hereof, I here unto set my hand
and tbe~lorsaid Court at Carlisle, PA.t
~~~~oo,.
. rothoDOtary
'''' . --, .""
'U'~:
. .
'--
Dce iJ 72000tJjJ
MELISSA MARJE MEHAFFEY,
Plaintiff
: In the Court of Common Pleas of
v.
: CUMBERLAND County,
: PENNSYLVANIA
: Civil Action - Law
. JAMIERAYFISH,
Defendam
:
: No. 00-8309
:
: Protection From Abuse
FINAL ORDER OF COURT
Defendant's Name is: JAMIE RAY FISH
Defendant's Date of Birth is: July 27, 1970
Defendant's Social Security Number is: 161-58-5472
Name(s) :of All protected persons, including Plaintiff and minor children:
1. MELISSA MARIE MEHAFFEY
AND NOW, this 6th Day of December, 2000 the court having jurisdiction over the
parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as
follows:
PlaintiJT: :Melissa Marie Mehaffey, is represented by Joan Carey of Legal Services, Inc.;
Defendant, Jamie Ray Fis is unr resented, but has been advised of his right to
counsel ill this
Plaintiff's request for a final protection order is granted.
1. Defendant sball 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 Plaintifl; or any other person protected under this
Order, at any location, including but not limited to any contact at Pl.aintifl>s school,
busines~, or place of employement. Defendant is specifically ordered to stay away
from the fonowing locations for the duration of this order.
Plaintiff's current residence or any other place where she may stay during the
term ohhis Order:
27 Chestnut Street, Apt. 9
Mt. BoDy Springs, PA
Plaintiff's place of employment or any other place where she may be employed
during the term of this Order:
Chelsea Settlement Services
5010 E~st Tcindle Road, Suite 200
Mechanicsburg, PA
Plaintiff's mother's residence:
Sharon Mehaffey
220 West Hill Street
Jonestown, PA (Lebanon County)
Defen4ant may telephone Plaintiff at her residence for the limited purpnse of
communicating custody arrangements and information conceruing the parties'
child. .
Defendant shall remain in his vehicle at all times during transfer of custody.
3. Except' as provided in Paragraph 4 oIthis Order, Defendant shall not contact the
Plaintiff, or any other person protected under this Order, by telephone or by any
other means, including through third persons.
4. Custody oIthe following minor children:
1. DREW TAYLOR FlSH-MEHAFFEY
shall be as follows:
. Primary physical custody of the minor child/ren is awarded
to the Plaintiff. .
. Defendant shall have partial custody of the child (see
attached Temporary Custody Order).
.-
5. The following additional reliefis granted as authorized by ~6108 of the Act:
Defendant is prohibited from having any contact with Plaintift"s relatives.
Defendant is ordered to refrain from harassing Plaintiff's relatives.
Defendant is enjoined from damaging or destroying any property owned
solely: by Plaintiff.
The court costs and fees are waived.
6. A certiified copy oftbis Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
MT. HOLLY SPRINGS POLICE DEPARTMENT
HAMPDEN TOWNSHIP POLICE DEPARTMENT
7. TIllS ORDER SUPERSEDES:
1. ANY PRIOR PFA ORDER
2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY
8. All provisions of this order shall expire on: June 6, 2002
NOTICE TO TilE DEFENDANT
VIOLATION OF TIllS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRlMINAL CONTEMPT wmCH IS PUNISHABLE BY
AFINE OF UP TO $1,000 AND/OR A JAn, SENTENCE OF UP TO SIX
MONTHS. 23PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO
PROSECUTION AND CRIMlNAL PENALTIES UNDER THE PENNSYLVANIA
CRIMES CODE.
TIllS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT
OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND.THE
COMM:QNWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 1& U.S.C ~~2261-
2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER,
,..
..'
, .
YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES
UNDER lEE "BRADY" PROVISIONS OF lEE GUN CONTROL ACT; 18 U.S.C.
~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREA:RMS OR
AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
". The police, who have jurisdiction over the pl"inti:ff's residence OR any location where a
violation oithis order occurs OR where the defen.dantmay be located, shall enforce
this order. An arrest for violation of Paragraphs 1 through 4 of this order may be
Without w8rrant, based soley on probable cause, whether or not the violation is
committediin the presence of the police. 23 Pa:C.S. ~61l3.
Subsequent to arrest;, the police officer shaIl seize all weapons used or threatened to be
used during the violation of the protection order or during prior incidents of abuse.
The shall mAint~in possession of the weapons until further order oftbis Court.
When the defendant is placed under arrest for violation arthis order, the defendant
shall be taken to the~pproprlate authority or authorities before whom defendant is to
be maigned. A "Complaint for Indirect Criminal Contempt" sba11 then be completed
and signed by the police officer OR the plAintiff' Plaintifi's presence and signattire are
not required to file the cOmplaint.
ffsuflicientigrounds for violation oftbis order are alleged, the defendant shall be
arraigned, qond set and both parties given: notice of the date of the hearing.
By the Court, I
--4 . A I:/r-
Kevin , Judge
. .... ..~ ._.",~... :'.:~ ::';::::....:;:::1.::-:..
If entered pursuant to the consent of plaintiff
J/1~ tin
~for"
e Ray Fish, D t
'TRUE COpy FROM RECORD
In Testimony hereof, I here unto set my hand
and th',,sj;lll of said Court at Carlisle, P ~
This ~ay of ~ ucr- ZOO'f~
Distn"bution to:
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 JrvineRow, Carlisle, PA 17013
I
rothonotary
Jamie Ray Fish, Defendant
480 EshelmAn Street
Highspire, PA 17034
. FAXed and mailed to PSP
~
, I "~" ~",.' d.1 i-'. , " '"'~,'''
'0
MELISSA MARIE MEHAFFEY,
PlaintiffJPetitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 00 -8309
PF AlCUSTODY
KEVIN A. HESS, JUDGE
JAMIE RAY FISH,
Defendant/Respondent
CERTIFICATE OF SERVICE
I, Peter J. Rnsso, hereby certify that I am on this day serving a copy of the foregoing
Petition upon the person (s) and in the manner indicated below:
THOMAS S. DIEHL, ESQUIRE
Counsel for Defendant
One West High Street
Carlisle,PA 17013
JAMIE RAY FISH
203 Front Street, Apt A
Boiling Springs, P A 17007
2.. - \ S- -0 'Z.,
Date
~~~
Peter J. Russo
jJlm~"'<!ll<Ii;Ilii_'_;Ll!.'~I...:id"""M'<h!l,"'lli>I~~il>..,,"~~~'~';',-,""'.i!..b'",<\iL'YM;-.:i,;~"i,,"i'",~f~ili""dM!IiO
.. ,".IUlil.I.ft!IUJII!!IO","mLl.!II!llI!. ","",~~""",~"",c>.",.".,," ,c
,~ '.~' e','~' ,~" _
>, ~~,,~," ~" ,,;'':' ,"-T;c
7\)
~
-'
~
0()
E3
-.,
-
14
~
,
>~:::-
;.,.
c
~
~ ,_. ~ ,
~~~C'
::.;:.(-,
):.... c_,~'
(~
:z
-~
-'
,
-::,
~
~
v..
,.,...:;;,
~)
'"
'^
o
_ c, _ " ^"__~ _" -" ~ ~.. ,.,'"~^,~___
--
'1
t,O
c::
. .
(,:;
- -",
-~ -q
-,~-. c)
t~) it")
:;i
':D
-<
.-.J
,
'"'
J; '0"" ",'.' ,'. ",~"" .' ,,,' '~
fEB 1 9 2002 1-1'
MELISSA MARIE MEHAFFEY,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 00 -8309
PFAlCUSTODY
KEVIN A. HESS, JUDGE
JAMIE RAY FISH,
DefendantJRespondent
ORDER OF COURT
AND NOW, this W1'fi dayof re.brUllr~ ,2002,
upon consideration of the attached Petition for Special ehef, PetItIOner's requested relief is
hereby GRANTED. pe~d irJj tu.rBie.r 0 rdeR,
The Final Order of Court issued on December 6, 2000, is modified in the following
manner:
13. Defendant shall not remove the subject minor child, Drew Taylor Fish-Mehaffey,
born September 25, 1998, from the Commonwealth of Pennsylvania without the
prior express written consent of Plaintiff. ,
All other provisions of the Final Order of Court issued on December 6, 2000, shall remain
in full force and effect.
Distribution List:
Peter J. Russo, Esquire - Counsel for Petitioner
Thomas S, Diehl, Esquire - Counsel for Respondent TRUE COpy FROM RECORD
Jamie Ray Fish - Plaintiff/Respondent In Testimony where ,I here unto set my hand
and seal of said Co t at Carlisle, Pa.
m1Q;~=:~4
'-.,
,
^~
. .'h~..' '", A '"', ",,' '"I~,~,-."
^:= ';',
MELISSA MARIE MEHAFFEY,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 00 -8309
PFAlCUSTODY
KEVIN A. HESS, JUDGE
JAMIE RAY FISH,
Defendant/Respondent
o
~.;
"
~~/;:
-... :
~;
~'.
'-.'
,0,
"';
r~,-j
.."
;'",")
~'''~:J
PETITION FOR SPECIAL RELIEF
SEEKING MODIFICATION OF CUSTODY
PROVISION OF FINAL ORDER
(0
t.Q
r2't
::;,--..., -
,-'"
~;:-. C::'
:.:,~ ',-'.:
....-.. c"-
-;:;
~
~~
~,
.~}
AND NOW, COMES, Melissa Marie Mehaffey, by and through her attorney, Peter J.
Russo, Esquire, and respectfully submits the following in support of Plaintiff's Petition for Special
Relief:
1. The petition of Melissa Marie Mehaffey respectfully represents that on December 6,
2000, a Temporary Custody Order was enter by this Honorable Conrt setting forth the
parties respective custody rights. A true and correct copy of which is attached as Exhibit 1.
2. On December 6, 2000, a Final Order of Court in connection with a Protection from
Abuse complaint was enter by this Honorable Conrt that incorporated the December 6,
2000, Temporary Custody Order. A true and correct copy of which is attached as Exhibit 2.
3. Respondent has recently quit his job where his annual salary was approximately
$52,000.00,
4. Respondent has advised others including the Petitioner of a desire to relocate
outside of the Commonwealth of Pennsylvania.
5. Petitioner is fearful that Respondent will leave the jurisdiction of this Conrt with the
subject minor child, Drew Taylor Fish-Mehaffey, born September 25,1998.
.,
,~,-~ ~ 1.
6. Petitioner respectfully requests that this Honorable Court modifY the existing Order
of Court to include a provision that Defendant shall not remove the subject minor child
from the Commonwealth of Pennsylvania without the written consent of the Plaintiff.
7. Respondent's last known counsel, Thomas S. Diehl, Esquire, has been served a
copy ofthis Petition via telecopier and U.S. mail.
8. Respondent has also been served a copy ofthis Petition via U.S. mail.
WHEREFORE, Petitioner requests this Honorable Court modifY the existing Order of
Court to include a restriction on removal of the subject minor child from the Commonwealth of
Pennsylvania without the consent of Plaintiff.
Date: 2:.11 ~/e'7....
~7
Peter J. Russo
Attorney for Plaintiff
-
~
,,',"., _'0'_ '.= "'~'~'~~~,c,c:i
MELISSA MARIE MEHAFFEY,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 00 -8309
PFAJCUSTODY
KEVIN A. HESS, JUDGE
JAMIE RAY FISH,
Defendant/Respondent
VERIFICATION
I, MELISSA M. MEHAFFEY, verify that the statements made in the foregoing document
are true and correct. I understand that false statements made herein are subject to the penalties of
18 Pa.C.S. g4904 relating to unsworn falsification to authorities.
Date: d-\5-0~
rh~I'MI1J1ir
MELISSA M. MEHAFF
I
i
MELISSA MARIE MEHAFFEY
,
Plaintiff
. IN THE COURT OF COMMON PLEAS OF
vs.
· CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-8309 CIVIL TERM
JAMIE RAY FISH,
Defendant
: PROTECTION FROM ABUSE
TEMPORARY CUSTODY ORDER
AND NOW, this ~ day of December, 2000, the following Order is entered by consetit of
the parties with regard to custody of the parties' child, Drew Taylor Fish-Mehaffey.
1. Plaintiff, hereinafter referred to as the mother, and Defendant, hereinafter referred to
as the father, shall share legal custody of the child.
2. The mother shall have primaJY physical custody of the child.
3. The father shall have partial custody of the child on alternating weekends from Friday
at 5:00 p.rn. until Sunday at 7:00 p.rn., and from 5:00 p.m. until 7:30 p.m. on the Wednesdays
following the father's weekends, and at other times mutually agreed upon by the parties.
4. Father shall provide transportation as follows. on the Wednesdays following his
weekends and on the Friday of his weekend visits father may pick the child up at 5:00 p.m. at her day
I
I
..I
I
I
I
I
I
,
i
care facility, or at his mother's residence if the child is with her On a Friday.
The father shall return the child to the mother at the Sheetz convenience store in Mt. Holly
Springs on Route 34 South and he shall remain in his vehicle at all times during transfer of custody.
Custody transfer locations may vary by mutual agreement ofthe parties.
5. The parties shall alternate the following holidays from 10:00 a.m. until 7:00 p.m.:
Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving Day. The mother shall commence the
. schedule having the child on Easter in 200 I.
6. The father and mother shall alternate the Christmas holiday with one parent havillg
the child on Christmas Eve from noon until Christmas Day at noon, and the other parent having the
child from noon on Christmas Day until December 26th at noon. The mother shall commence the
schedule having the child for the period beginning Christmas Eve in 2000, aI1d in even numbered years
thereafter.
7. The mother shall have the child on Mother's Day from 10:00 a.m. and keep her for
the remainder of the day, and the father shall have the child from 10:00 a.rn. until 7:00 p.rn. on
Father's Day.
8. The father shall have the right to partial custody of the child for 2 non-consecutive
weeks each summer. The father shall give the mother 30 days notice as to when his period of summer
cUlstody will take place. The mother shall have the right to have the child on weekends during that
time unless the father takes the child on a vacation trip away from home, including weekends. The
mother also has the right to take the child on a summer vacation including a maximum of2 weekends.
The parties shall provide each other with complete addresses and telephone numbers where they can
be reached while on vacation with the child if they vacation away from their residence
9. The parties shall notifY each other immediately of any change of residence and/or
telephone number.
10. The mother and father, by mutual agreement, may vary from this schedule at any time,
but the Order shall remain in effect until further Order of Court.
11. 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.
12. 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
.',
"- "..
"",'-
,""", , ~ no,,-,_., , ..< -' .',,- ,., "1
development of the child's love or respect for the other parent.
By the Court,
~(~ ;4d
K7 Hess, Judge
This Order is entered pursuant to the consent of Plaintiff and Defendant:
_1!Idt.ivA-f}1111jIJ~
Melissa Marie Me~~laintiff
Q~ J .
()Jt}afJ Carey, Attorney f( Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013 TRUE COpy FROM RECORD
In Testimony hereof, I here unto set my hand
and'the s~1 of said Court at Carlisle, P')
T~~al)of~lj:;;l:>fs~oor.
. ~rothonotary
.,
ill," _ r..." >0_ ,"""--' ," rn~-!
. 'np
..{/
MELISSA MARIE MEHAFFEY,
Plaintiff
: In the Court of Common Pleas of
v.
: CUMBERLAND County,
: PENNSYL VANIA
: Civil Action - Law
JAMIE RAY FISH,
Defendant
: No. 00-8309
.: Protection From Abuse
. FINAL ORDER OF COURT
Defendant's Name is: JAMIE RAY FISH
Defendant's Date of Birth is: July 27, 1970
Defendant's Social Security Number is: 161-58-5472
Name(s) of All protected persons, including Plaintiff and minor children:
1. MELISSA MARIE MEHAFFEY
AND NOW, this 6th Day of December, 2000 the court having jurisdiction over the
parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as
follows:
Plaintiff; Melissa Marie Mehaffey, is represented by Joan Carey of Legal Services, Inc.;
Defendant, Jamie Ray Fish is Ullfe resented, but has been advised of his right to
counsel in this r.
Defendant, altho agreeing 0 the terms of this Order, does not admit the allegations
made in the Petition.
Plaintiff's reqnest for a final protection order is granted.
,j
,1d
..... '.1
-... >'0"
i!,':
1
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected
person in any place where they might be found.
t;
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 of this order.
Plaintiff's current residence or any other place where she may stay during the
term of this Order:
27 Chestnut Street, Apt. 9
Mt. Holly Springs, P A
Plaintiff's place of employment or any other place where she may be employed
during the term ofthis Order:
Chelsea Settlement Services
5010 East Trindle Road, Suite 200
Mechanicsburg, PA
Plaintiff's mother's residence:
Sharon Mehaffey
220 West Hill Street
Jonestown, PA (Lebanon County)
Defendant may telephone Plaintiff at her residence for the limited purpose of
comlllunicating custody arrangements and information concerning the parties'
child.
Defendant shall remain in his vehicle at all times during transfer of custody.
3. Except as provided in Paragraph 4 of this Order, Defendimt 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. Custody of the following mmor children:
I. DREW TAYLOR FISH-MEHAFFEY
shall be as follows:
. Primary physical custody of the minor child/ren is awarded
to the Plaintiff.
. Defendant shall have partial custody ofthe child (see
attached Temporary Custody Order).
5. The following additional relief is granted as authorized by 96108 of the Act
Defendant is prohibited from having any contact with Plail\tiff's relatives.
Defendant is ordered to refrain from harassing Plaintiff's relatives.
Defendant is eujoined from damaging or destroying any property owned
solely by Plaintiff.
The court costs and fees are waived.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
MT. HOLLY SPRlNGS POLICE DEPARTMENT
HAMPDEN TOWNSHIP POLICE DEPARTMENT
I. ANY PRIOR PF A ORDER
2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY
I
I
I
I
I
I
'.1
,
I
I
i
.1
I
7. THIS ORDER SUPERSEDES:
8. All provisions of this order shall expire on: June 6, 2002
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT iN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEJ\i\PT WHICH IS PUNISHABLE BY
AFlNE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX
MONTHS. 23 PAC.S. 96114. 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. 92265. IF YOU IRA VEL OUTSIDE OF THE STATE
AND INTENTION ALL Y VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 ns.c 992261-
2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER,
I
I
I
YOU l\.1AY BE SUBJECT TO FEDERAL PROSECUTION AND PENAL TIES
UNDER TI:IE "BRADY" PROVISIONS OF TI:IE GUN CONTROL ACT,' 18 U.S.C.
g922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR
AMMUNITION.
NOTICE TO LAW ENFORCEMENT OmCIALS
The police who have jurisdiction over the plaintifl:'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. ~6l13.
Subsequent to arrest, the police officer shall seize all weapons used or threatened to be
used during the violation of the protection order or during prior incidents of abuse.
The shall maintain possession of the weapons until further order of this Court.
When the defendant is plaCed under arrest for violation of this order, the defendant
shall be taken to the appropriate authority or authorities before whom defendant is to
be arraigned. A "Complaint for Indirect Criminal Contempt". shall then be completed
and signed by the police officer OR the plaintiff. Plaintiffs presence atJd signature are
not required to file the complaint.
Ifsufficient grounds for violation of this order are alleged, tlie defendant shall be
arraigned, bond set and both parties given. notice of the date of the hearing.
If ,entered pursuant to the consent of Plaintiff
By the Court, I
--4\t . A it-
Ke7' ess, Judge
7l ~
Melissa Marie Mehaffey, ti/
~:'--1L..-,.'--"'~~iTa/ .
cAh<m Carey, Attorney for . aintiff .
Distribution to:
Joan Carey, Attorney for Plaintiff
LE,GAL SERVICES, INC.
8 Irvine Row, Carlisle, PA 17013
TRUE COPY FROM RECORD
In Testimony hereof, I here unto set my hand
and thn Sf/I of sai~ourt at Carlisle, P A.
This 'fl1day of al /.1' '~I ' , 2001.
, '/lJ., /J. C .
rothonotary' i
Janrie Ray Fish, Defel1dant
480 Eshelman Street
Highspire, P A 17034
. FAXed and mailed to PSP
-.
MELISSA MARIE MEHAFFEY,
Plaintiff/Petitioner
v.
JAMIE RAY FISH,
Defendant/Respondent
~- -,,, '" ~" ,
".".""",-,~~ "~,,," "-oJ'Ji1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00 -8309
PFAlCUSTODY
KEVIN A. HESS, JUDGE
CERTIFICATE OF SERVICE
I, Peter 1. Russo, hereby certify that I am on this day serving a copy of the foregoing
Petition upon the person (s) and in the manner indicated below:
THOMAS S. DIEHL, ESQUIRE
Counsel for Defendant
One West High Street
Carlisle, P A 17013
2..- \S'-O'Z.,
Date
JAMIE RAY FISH
203 Front Street, Apt A
Boiling Springs, P A 17007
..---------.J
(~~\ /'-~
Peter 1. Russo