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HomeMy WebLinkAbout01-0233 FX MELISSA ANN CARDER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2001-.233 CIVIL TERM MICHAEL NASH CARDER, DEFENDANT : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. AHEARING ON TillS MATTER IS SCHEDUl1ED ON h ffA~ 1'1 ~AT II tBl} /1 .M., IN COURTROOM NO. r THE C MBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached until it is modified or tenninated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fme of up to $1,000.00 and/or up to six months injail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, 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. ~ 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help, If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ;~"-- ,-1 <'-'-11 '1 .,........." ~ ~ ~. '~',"c,_~ _ _\ , ._"~.O _ ,"" I~~_ <;%1'1('1' "'" 1- , v," ,,< \ .I\~'\i,\_r._l " '\/il,......'.j '-' '.. ""-"..f Ju..l\! 1',)',..' '.':l,u:::(1!AIf":.r"\ . ""'. '-Ji'.liv 2U :,< :',J .. ;,. 'V. l,..jV~I.l1,: _ ,..,~ . ~~ll~_>"_",__, II: !U qlll ", . '=""~"'.'" ,;,- ,",:::c,',,",-_,,>>,..;,',+.;." < _,'0 -"."'1 "--~'.'~,-,. '~,,>, = i6V .,,"'" --~_'_-_;','", ,,"p'iflf\l"'I'--_"H~""'-"'{-'O;,,"A"C ""'\r-"~'!'t~ii~~~flh-'1ji.<<'i,W~f.l'{;J.#~iI~'t~f~1t.!f'i@~@<~ : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Melissa Ann Carder Plaintiff v. : No. O{- 233 Michael Nash Carder Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Michael Nash Crader Defendant's Date of Birth is: February 7, 1975 Defendant's Social Security Number is: 453-93-5317 Name(s) of All protected persons, including Plaintiff and minor children: I. Melissa Ann Carder AND NOW, on 11th Day of January, 2001 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 sha1l not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 127 CM Estates Newville, PA 17241 or any other peJ1llanent or temporary residence where Plaintiff or any other person protected under this Order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. -"""""r., I"-~~' "- ,- I .-., ~ , 'I 3, Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Any place where Plaintiffis employed. 4. Except for such contact with the minor child/ren as may be permitted under paragraph 5 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. 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: I. Tyler Michael Carder 2. Matthew Dylan Carder Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Plaintiff shall have primary physical custody of the children, Plaintiff and Defendant shall share legal custody of the children. Defendant shall have the right to supervised visitation. If Defendant wishes to arrange such visits, he shall contact or have his attorney contact MidPenn Legal Service's staff to facilitate a schedule. 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. 6. The following additional relief is granted: The Cumberland Connty Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail, This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff, Defendant is to refrain from harassing Plaintiff's relatives. o"',)MllI,,, , ,- I ' . ~ ' - 7. A certified copy ofthis Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police-Carlisle Barracks 8. 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. 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 11, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation 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 injail. 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. ~6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation ofthis order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 5 of this Order, defendant shall be arrested on the charge ofIndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order 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. BYTHE OURT: / . ALL 1~-, II Judge 2- tUJ I Date 7~~~fl ", 1<' '''." -,I 1"1 , ,~ Distribution to: Legal Services Faxed & Mailed to PSP -,-,~, ,~ " , - 1 I_r - PFAD Number: MG1I78I53R Melissa Ann Carder : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Plaintiff v. , /?-'/-rP- ;No.O!...233 ~ ~ Michael Nash Carder Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Melissa Ann Carder 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Melissa Ann Carder 4. Plaintiff's Address is: 127 CM Estates, Newville, PA 17241 5. Defendant's Name is: Michael Nash Crader 6. Defendant is believed to live at the following address: Unknown to Plaintiff, , 7. Defendant's Social Security Number is: 453-93-5317 8. Defendant's Date of Birth is: February 7, 1975 ,\;~<., " '_'r ,- J - ~' - _ , 1,-'1' 9. Defendant's Place of employment is: Lear Corporation Carlisle, P A 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 12. The defendant has been involved in a criminal court action. 13. The defendant is not currently on probation I parole 14. Plaintiff and Defendant are the parents of the following minor child/ren: a. Tyler Michael Carder Age:5 yrs Hmos Child's address is: 127 CM Estates, Newville, PA 17241 b. Matthew Dylan Carder Age:4yrs 8mos Child's address is: 127 CM Estates, Newville, PA 17241 15. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. Tyler Michael Carder For the past 5 years, this child has lived with: Plaintiff and Defendant, 127 CM Estates, Newville,P A 17241, from August 1999 to the present. Plaintiff & Defendant, 103 3rd Street Boiling Springs, P A 17007 from August 1996 to August 1999. Plaintiff and Defendant, Fort Hood, TX, from August 1994 until August 1996, b. Matthew Dylan Carder For the past 5 years, this child has lived with: Plaintiff and Defendant, 127 CM Estates, Newville,P A 17241, from August 1999 to the present. Plaintiff & Defendant, 103 3rd Street Boiling Springs, P A 17007 from August 1996 to August 1999. Plaintiff and Defendant, Fort Hood, TX, from August 1994 until August 1996. ---, ~" " - 1'1 . "I 16. The facts of the most recent incident of abuse are as follows: On or about December 26, 2000,Defendant grabbed the Plaintiff by her throat, pushed her up against a waIl, and threatened to kill her. When Plaintiff attempted to leave the residence, Defendant stood in front of the door, got in her face, and tackled her to the floor again threatening to kill her. Each time Plaintiff went towards the door, the Defendant pushed her. When Defendant left the residence, Plaintiff called the State Police. Defendant was arrested on 1/4/01 and charged with terrostic threats and simple assault. 17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: On or around September 2000, Defendant went into the room of the oldest child, Tyler, slammed the door causing everything to fall from a shelf and break, and screamed at the child calling him a liar. Defendant came out ofthe the child's room, screamed at Plaintiff, and threw a bowl of cereal at her hitting her with it. Defendant threw the living room lamps at Plaintiff with such force that they hit her in the leg and broke. The children were traumitized by Defendant's violence. On one other occasion, Defendant forcefully grabbed the child by the cheeks causing bruises. In or about Summer 2000, Defendant forcefully grabbed the children causing bruises on their arms, On or about January 1999, Defendant grabbed Plaintiff and threw her on to the gound several times. Plaintiff fled the residence with the children. Since approximately 1994, Defendant has abused Plaintiff in ways including the following: pushed, pulled her hair, spit on her, and several times, Defendant has grabbed Plaintiff and thrown her onto the ground. Within the last year, Defendant has threatened to kill Plaintiff on several occasions. 18. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Pennsylvania State Police-Carlisle Barracks 19. There is an immediate and present danger of further abuse from the Defendant. 20. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 127 CM Estates Newville, P A 17241 Owned By: Melissa Carder and her father 21. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be ;;:{<,~._",,-" ,-, , I I:. - ~ ., .'.'-, '-''''~,'''-~;"".>..j ;. ';'.' tound. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any tempormy or permanent residence of the Plaintiff. c. Award Plaintiff tempormy custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Plaintiff shall have primary physical custody of the children. Plaintiff and Defendant shall share legal custody of the children. Defendant shall have the right to supervised visitation. If Defendant wishes to arrange such visits, he shall contact or have his attorney contact MidPenn Legal Service's staff to facilitate a schedule. l d. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessmy with respect to partial custody and/or visitation with the minor child/ren. e. Order Defendant to pay the costs of this action, including filing and service fees. f. Order the following additional relief, not listed above: Defendant shall not damage or destroy any property owned jointly by the parties or solely by Plaintiff. Defendant shall refrain from harassing Plaintiffs relatives. Defendant shall pay $250.00 to one of Mid- Penn's funders as reimbursement for litigation in this case. g. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Date: / -//-0/ Respectfully submitted, ~,~ MID~PENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 pistribution to: Mid-Penn Legal Services Fax and Mail PSP '~~':''>"', ,,,-,,--,,-,,"1 ~ , , I . I". 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-Oj -01 ~o 0; J:fiIn CiwJl LA Melissa Carder, PlamtIff i:j;]''''T~ .,.,' '0,'"<]" .- , . ~ 1. ~1lII1II!, ~ .4_~., 1rr!iiT\f\wm~1!f,W'<l!ljJ'~~I@ill:rrm ~I it o ~ \ .... l" "<- , -~ ~~ ',.'." .""".. _n'.oW' ""<,,,~~<.~'"."_ ,,_ _",._~^~,_ .".~_",". - ~~ '1\ ~ ~ ~ ~ ~ r- V1 t) r:j ~ ::0' ;--,. ~~ (f, -,,;<'" ~~: ~~~ ~,..,. "-"-'- -, ~ .,.., ~ ~ d- ~ "'""')::,.. ;:;;~ - 5' -o~ - -f' ::n x ..., ...... );::. -!:.... '" I ~ ,. (:J :~,1 -<. ~ ~ ~~~,..J '- ~ ~ "'" -'- -.l '\, ) ~~ f~ ,., -::s;:,-..b ~ '" '" ~ ~ ~ B!_~j L m__]:!il\!._:;JfIi!1(~!l'iJ:'~-'<,J";;- i:'-.~"e- - "'-'-';'0'^,,'~-"101';J,,~1ijE;""-~~\M-'~i!'il1~lIi~fR~~ 01/11/01 THU 14:47 FAX 717 240 6573 cbMBCo PROTHONOTARY 141001 '- *************************** $$$ MULTI TN REPORT $U *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2389 01]9p2405331 03]9p2438026 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR ,.. OFFICE Of THE PROI'Hacrl\RY OJM8ERLAND a:xJIIlI'Y CXX)R'IHOOSE . ONE COOR'IliCXJSE SQUl\RE CARLISLE. PA. 17013-3387 (717) 240-6195 fAX .: psP L5 .J . C. e It {ad -r r 0 [:t' 5'5 tflj q-cL4o- 533/ fAX (717) 240~6573 VIA TELECOPIER TO: FRCM: CURTIS R. LONG RE: .p FA Ord..ev-s MESSAGE : 2L 00. OF PAGES (INCLUDING COVER SHEET] .-:,,' '!his lI139SC9" is interlBi mly fir tte U$C of tte irrlividm Q[' entity txJ .rum is is di:k : oj. ad 1l'f1f CXl"1blin :inJi::matkn that is p:::iYils;Jrl. o:nfidsttial <nl eGTpt fro1l <1;....1...... "Xl urla" WI ;...nl.. l<w. rf tiE n'e'k of this IT V" is rot UE inta1:b::l m::.ipiE;nt. }QJ am ~ rotififd ttHt iJtrf cJ.i.s.sEjniratkn. distciI:J.Jt::i cc a:ptirg cr this /XJTtI'l.l'\.imtlCl is str:ictly p:tl1ibil:e:i. If}OJ h:M! ~...e::l [jus COIIIUli<:.!tiCl in e:r:r. pl.EElse llJtify 1..$ irmaiialaly ty Ie.!.el;h:re B:d telllrn tle >Xigiml ,,: "0/ to L$ 8~ ... ......... ___"--1 _____ ~. ...... "~'f"""l'~"",_" ""..', 't " - , ,~.~ Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Melissa Ann Carder v. : No. 01-233 Michael Nash Carder Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE CONTINUED TEMPORARY ORDER AND NOW, this 19th Day of January, 2001, pursuant to 23 Pa.C.S. S6107(c), the terms and conditions of the Temporary Order issuedo.n 11th Day ofJanuary, 2001, in the above-captioned case are hereby continued in full force and effect until further order of the court. A hearing on this matter is scheduled for the February 12,2001, at 9:30AM in Courtroom 4 of the Cumberland County Courthouse, One Courthouse Square, Carlisle. BY THE COURT: j ,/IlL ,-1--\10 o ~Y< Distribution To: MIDPENN LEGAL SERVICES, Attorney for Plaintiff 8 Irvine Row Carlisle, P A 17013 Faxed & Mailed to PSP Michael Scherer, Attorney for Defendant 17 West South Street Carlisle,PA 17013 ", c-<---- ",,<,_ , l""'l~ -.\ ~~~~-~. ,~ I .k ~"""'~"'A,"','''-''" .~ ," -"I" ~ ", M.,,, ',;,'''''' ""'",",,'= ~ 'li\Nlir(\^SN~~\"iro }J.NflOO OI'H'o:. .,,, ~\lr \0 "IS ~Z\ \~c\ {,(,. . \' A() 11N1.0\'lO\-'.l.cG(",;~(~ ;." . f' 3;)\1:10- j~.. , -"~" _~""'~ 1Mt!I,~~~~m~~~~fI1moF';j'""'",''-!i.''''''"; ~-~";"'~'''''l.'m<w.Wfi$J1lf.1''~''if;I~!!'f",*''Ilri~~-,",1~~~i!lf~$'I~ i MELISSA ANN CARDER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 2001-233 CML TERM MICHAEL NASH CARDER, DEFENDANT : PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The Plaintiff, Melissa Carder, by and through her attorney, Joan Carey of Mid Penn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on January 1 I , 2001, scheduling a hearing for January 19,2001 at II :00 a.m. 2. The Cumberland County Sheriff's Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his employment, Lear Corporation, Spring Road, Carlisle, on January 11,2001, at 4:21 p.m. 3. The parties agree, by and through their respective counsel, that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. ';,~ T.' , " ",-.., ','- ,~ r, .r WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. ~ Joan Carey, Attorney for aintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 c;rJ~ .' 1 " ~, -[0-' 1-" . , ' "'V",' ,'- ~",."^<_~, ~~._ '"-_-c;~ ,. w "._ . ~ "'_~ .""",r_m ,)(~<Mti:,.~~R"-:W::'Fl, . ~ --~ ~'''''''"'''' '..P< , g ~ -0-0:1' l;l~ 25; ~o ~S ~c: ~ ~-"~ ""~, "".'=-'''~-'~ Ci - '- ~ - \C } -0 ~ tfl 1-..;J ,S;:- o -n .--1 :.1:: :TI "fTI "';'~l ::-'.:1"-, S36 --, ..,", ~-rt ~0 Grit -'" .". ~ _~"j;~#.tH"f.'-4i"V'-''-.;''''!-~^t-,_.,,, '-;^'i""F"";"'jf~_.("w,,,!!,!,,,~-,.llI'~"~I_:S"!"#,';<_:""'!'~f'!!fNF1'Mfl;1""'~"~-;~'''''C~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-00233 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARDER MELISSA ANN VS CARDER MICHAEL NASH CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law" says, the within NOTICE OF HEARING & was served upon CARDER MICHAEL NASH the DEFENDANT , at 0016:21 HOURS, on the 11th day of January , 2001 at LEAR CORP. CARLISLE, PA 17013 SPRING ROAD by handing to MICHAEL N. CARDER a true and attested copy of NOTICE OF HEARING & together with ORDER, TEMPORARY PROTECTION ORDER, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 Sworn and Subscribed to before me this ;llf e.. day of 9z:;;~Q~AD rothonotary . ~ "'~T~ T-""~' l"'r So An,.s;;rr;;,; , ' . . ~~~,'t-~~, R. Thomas Kl ine . ~ ""- 01/16/2001 By:;J-; ~ Melissa Ann Carder Plaintiff : IN THE COURT OF : COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. : No. 01-233 Michael Nash Carder : CIVIL ACTION - LAW : PROTECTION FROM ABUSE : AND CUSTODY Defendant FINAL ORDER OF COURT Defendant's Name is: Michael Nash Carder Defendant's Date of Birth is: February 7, 1975 Defendant's Social Security Number is: 453-93-5317 Name(s) of All protected persons, including Plaintiff and minor children: 1. Melissa Ann Carder AND NOW, this ~ /6 UdJ the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. .,- I:: f; -', -., 0'; Q.,. ,-'"~ :;:: ,-:-:-;- '--:;:oc-,- ,~~'S\ 1-~1 ~2Jh~ ~ -..j o -. , '- c::, -. '- ( " C3 --. r::) .:- ~ .'.'" ,.~' ]jJ1,fI~Il!f-0'!i\liPl':ff;;'~~-;0\~';\'i1l1nf)~~~~ffflli~lr;~ t :;'"i\;~ C," c 2. Defendant is completely evicted and excluded from the residence at: 127 eM Estates Newville, P A 17241 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 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 Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Any residence where Plaintiff may reside or any place where Plaintiff is employed. Any non-harassing, non-threatening contact between the parties in reference to custody of the minor children shall not be deemed a violation ofthis Order. 4. Except as provided in Paragraph 5 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. 5. Custody of the following minor children: 1. Tyler Michael Carder 2. Matthew Dylan Carder shall be as follows: . See Attached Order. - ~ 1::-" " -~ ,-" ~ ^ I 6. The following additional relief is granted as authorized by ~6108 of the Act: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. The court costs and fees are waived. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police-Carlisle Barracks 8. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 9. All provisions of this order shall expire on: October 4, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/ORA JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261-2262. IF THE BRADY INDICATOR PARAGRAPH ;-,-~ ,~ I-',Y-:': .,- ,..,.,.' I APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. 9922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFfiCIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 5 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 96113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriffs Office shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arr~d, bond set and both parties given notice of the date ofthe hearing. f'~' ~~.c.\' BYT ECOURT: L-- \,S \ ~()J \(y\DJ~ "R)( ~t by tho J>'tli~, ~ -If:{ Michael Nash Carder, Defendant o Carey, Attorney for Plai t ff MIDPENN LEGAL SERVI S 8 Irvine Row Carlisle, P A 17013 Michael Scherer, Attorn for Defendant O'BRIEN, BARRICK, AND SHCERER 17 West South Street Carlisle, PA 17013 ;'o/"RI;JI~ .~ ,- I ~ :-,. ....--, MELISSA ANN CARDER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. MICHAEL NASH CARDER, DEFENDANT : NO. 2001-233 CIVIL TERM : PROTECTION FROM ABUSE ANDCUSTODY CUSTODY ORDER AND NOW, this _ day of October 2001, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children: Tyler Carder(DOB 1/21/95) and Matthew Carder(DOB4/16/96): I. The plaintiff, Melissa Carder, hereinafter referred to as the mother, and the defendant, Michael Carder, hereinafter referred to as the father, shall share legal custody of the children. 2. The mother shall have primary physical custody of the children. 3. The father shall have partial custody ofthe children when he is in Pennsylvania or within hundred (100) miles according to the following schedule: a. Every other weekend from Friday at a mutually agreed upon time until Sunday at 7:00 p.m., and b. At other times mutually agreed upon by the mother and father. 4. The father shall have partial custody ofthe children when he is outside of Peunsylvania or further that one (100) miles from the mother's residence according to the following schedule: a. When the children have extended periods of school vacation at times mutually agreed upon, and b. At other times mutually agreed upon by the mother and father. 5. If either party wishes to take the children from the state for an overnight visit, that parent shall provide the other with a forty-eight (48) hour notice prior to leaving, an address, and phone number as to where the children can be reached. ~ ,-, -;'.-,-"... -- - ~ I~ e ~ I r ., 6. The father shall keep the mother informed in writing of his address and phone number and shall keep the mother informed of his commander, unit, and base. 7. The father shall have the right to custody of the children for one week each summer. The father shall provide the mother with at least one month notice as to when he wishes to take his period of sununer custody. The mother also has the right to take the children on a sununer vacation including a maximum of two weekends. 8. The mother and father, by mutual agreement, may vary from this schedule at any time. 9. The mother and father shall notifY each other immediately of medical emergencies which arise while the children are in that parent's care. 10. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. This Order shall remain in effect beyond the expiration of the Protection From Abuse Order entered on October 5, 2001, and until further Order of Court. Kevin Joan Carey, Attorney for MIDPENN LEGAL SER 8 Irvine Row Carlisle, P A 17013 ~4~ Michael Scherer, Attorney for Defendant O'BRIEN, BARRiCK, AND SHCERER 17 West South Street Carlisle, PA 17013 ~ ~ JI./9.~1 "m<!Il'; "", ';-"".,' 'M,_ 1- i~'~ "" " ~o ~"" ...." .", _~~"', "JII!lI!lr:1~_ ". ~" '.~,,_" ,', ,,_ I,' , ~ ,. ='\ - t C> ( ;5 --... ~l~ () ( ~ 0 a ~ ~ ~ '" T -----< Q -+-') --<-> ~" "" ""''''''"- ..,!" !!fiWiW~'!f~"''''~;;;~!~'''';'I,''!i.'i'~~~~t~j!jlWil1!~~~~ 10/10/01 WED 14:21 FAX 717 240 6573 < CliMB CO PROTHONOTARY 141001 , *************************** u* MULTI TN REPORT u* *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2842 ERROR [ 01]9p2490779 [ 03]9p2405331 [ 04]92438026 PSP CP LS ~ OFFICE OF THE PRCYI1iO\lOTARY CUMBERUIND axJNT't COVllTIiOOSE ONE OXIImlOOSE SQUARE CARLISLE. 1'1'.. 17013,3387 (717) 240-6195 FAX (717) 240-6573 V I ATE L E COP I E R TO: I'A STATE POLICE - Cell". f'1t1Je.C$t... 111. (J. J..S. FAX N: 717- 249-0779 , FRQ1: CURTIS R. 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