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HomeMy WebLinkAbout01-0689 FX - a; _ . .I~ "- ~ I'". " !. -;I'" MidPenn Legal Services tj.. 8 Irvine Row F ". Carlisle, PA 17013 fa I) 2 ?O~ : IN THE COURT OF COMMON PLEAS OF . ANGELA LYNN GOODYEAR, Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01-689 CIVIL TERM HEATH W GOODYEAR . 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 grartting the relief requested io the Petition. In particular, you may be evicted from your residence and lose other important rights. ' A hearing on this matter isschednled on thel!-r:ray of Febrnary, 2001, at~.m., in Conrtroom No.l, 4th Floor, Cnmberland County Conrthonse, 1 Courthouse Sq'uare, 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 tbis Order, the police may arrest you. Violation oftbis 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. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. . Under federal law, 18 U,S,C, ~2265, tbis 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 tbis 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 DisabilitiesAct 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, i 1I I J ; ]I ~ 'i1! \j % ~ ~ ,;[J I ~ I I '" .~ t r;L-. /h jJ /.. S ';I: /91'1"1 d~{ ~ fJs;J, ~f;~ frlhs '':1 '.- " , , -- ~ '_"__1. "' .~ --- ,- -,-i,;\c, ~--;. ,'- .'. "'~~;,' . ANGELA LYNN GOODYEAR, : In the Court of Common Pleas of for herself and on behalf of her minor children: JACQUELINE LOUISE GOODYEAR, : CUMBERLAND County, CAITLIN MARIE GOODYEAR, and CURTIS LEE BARBOUR, : PENNSYL VANIA Plaintiffs : Civil Action - Law v, :No,Ol- L..<69 HEATH W. GOODYEAR, Defendant : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: HEATH W. GOODYEAR Defendant's Date of Birth is: November 28, 1968 Name(s) of All protected persons, including Plaintiff and minor children: L ANGELA LYNN GOODYEAR 2" JACQUELINE LOUISE GOODYEAR 3, CAITLIN MARIE GOODYEAR 4, CURTIS LEE BARBOUR AND NOW, on 2nd Day of February, 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 shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found" * . I.. 2. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's CUITent residence or any residence where she may stay for the duration of this Order: 312 Zion Road Mt. Holly Springs, PA Plaintiff's CUITent place of employment or any other place where she may be employed for the duration of this Order: Select Medical Corporation 4716 Old Gettysburg Road Camp HiD, PA The child care facility for the parties' minor children wherever that may be. The school of Plaintiff's minor child, Curtis Lee Barbour: Mt. Holly Springs Elementary School 110 Mooreland Avenue Mt. Holly Springs, PA 3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plaintifi; 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, JACQUELINE LOUISE GOODYEAR 2, CAITLIN MARIE GOODYEAR Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Defendant shall have supervised visitation with the minor children through the Carlisle YWCA's supervised visitation program pending further Order after the hearing scheduled in this case. -;; -r,-: - ."'i. Defendant may contact Plaintift"s attorneys, MidPenn Legal Services (243- 9400), to initiate supervised visitation with the children. 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. 5. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriff's Office or a designated local law enforcement agency for delivery to the Sheriff's Office. 1. any and all firearms and/or weapons, specifically: 2. .22 caliber rifle 3, rifles and shotguns 4. handguns 5. bows and arrows Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order, 6. The following additional reliefis granted: Defendant is prohibited from having any contact with Plaintift"s relatives and Plaintitrs children 6sted in this petition, except as the court may fmd necessary with respect to supervised visitation with the minor children. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or any property owned solely by Plaintiff. 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 MT. HOLLY SPRINGS POLICE DEPARTMENT LOWER ALLEN TOWNSHIP POLICE DEPARTMENT 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. r~''''''''' - ........ ll>....:l -1--'. -, Ll'c,; 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL AUGUST 2, 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 injail. 23 Pa.C.S. ~61l4. Consent of the Plaintiff to Defendant's return to the residence sha11 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 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, NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by 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. If defendant violates Paragraphs 1 through 5 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 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 weaponls are evidence of a crime, in which case, they shal1 remain with the law enforcement agency whose officer made the arrest, Judge ..::...- - - Distribution to: Joan Carey, Attorney for Plaintiff MidPenn Legal Services i>'i~~--""- , PLPD-D:l!Cf: C., c'",c .."..~..., '.""l"\n'y '!;- ::'.." :';~~c;!~':',,:~"JUl'J1 OIFER-2 Pi'i3:59 eUMBt:l1L;",;ID COUNTY PENNSYL'v:ANIA i j ~ ";- " ' ;"""'~_O'.~_ " ~Jiri11'c' PFAD Number: AU1190647G ANGELA LYNN GOODYEAR, : In the Court of Common Pleas of for herselfand on behalf of her minor children: JACQUELINE LOUISE GOODYEAR, : CUMBERLAND County, CAITLIN MARIE GOODYEAR, and CURTIS LEE BARBOUR, : PENNSYLVANIA Plaintiffs : Civil Action - Law v. ;No,Ol-(,,'l'l ~/~ HEATH W. GOODYEAR, Defendant : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: ANGELA LYNN GOODYEAR 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. ANGELA LYNN GOODYEAR b. JACQuELINE LOUISE GOODYEAR c. CAITLIN MARIE GOODYEAR d. CURTIS LEE BARBOUR 4, Plaintifl's Address is : 312 Zion Road, Mt. Holly Springs, PA 17065 5. Defendant's Name is: HEATH W. GOODYEAR L.,~ ",., "'", , co, ~ ~. 6, Defendant is believed to live at the following address: 111 Yates Street, Mt. Holly Springs, PA 17065 7. Defendant's Date of Birth is: November 28, 1968 8, Defendant's Place of employment is: Tri-boro Construction Supplies, 1490 Ritner Highway, Carlisle, PA 9, Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 11. Plaintiff and Defendant are the parents of the following minor child/ren: a. JACQUELINE LOUISE GOODYEAR Age: 17 mos. old Child's address is: 312 Zion Road, Mt. HoUy Springs, PA 17065 b, CAITLIN MARIE GOODYEAR Age: 17 mos. old Child's address is: 312 Zion Road, Mt. Holly Springs, PA 17065 12. 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. JACQUELINE LOUISE GOODYEAR For the past 5 years, this child has lived with: Plaintiff; Defendant; the child's twin sister, Caitlin Marie Goodyear, and haIf- brother (plaintiff's son from previous relationship), CurDs Lee Barbour, at 116 Old State Road, Gardners, PA, from hers and Caitlin's birthdate on August 8, 1999 to March 2000. Plaintiff, Caitlin, and Curtis, at 92 Betty Nelson Trailer Court, Lot 5, Carlisle, PA, from March 2000 to July 2000. Plaintiff, Defendant, Caitlin, and Curtis, at 92 Betty Nelson Trailer Court, Lot " ~- - - ~--- 0,," -' ~ nth- '. 5, Carlisle, P A, from July 2000 to October 2000. Plaintiff, Defendant, Caitlin, and Curtis, at III Yates Street, Mt. Holly Springs, PA, from October 2000 to January 22,2001. Plaintiff, Caitlin, Curtis, Plaintiff's friends, Leanu and Michael Boswell, their 2 minor children, and their daughter and son-in-law, at 312 Zion Road, Mt. Holly Springs, PA, from January 22, 2001 to the present. b. CAITLIN MARIE GOODYEAR For the past 5 years, this child has lived with: Plaintiff; Defendllnt; the child's twin sister, Jacqueline Lonise Goodyear, and half-brother (Plaintiff's son from previons relationship), Cnrtis Lee Barbour, at 116 Old State Road, Gardners, PA, from hers and Caitlin's birthdate on August 8, 1999 to March 2000. Plaintiff, Jacqueline, and Curtis, at 92 Betty Nelson Trailer Court, Lot 5, Carlisle, PA, from March 2000 to July 2000. Plaintiff, Defendant, Jacqueline, and Curtis, at 92 Betty Nelson Trailer Court, Lot 5, Carlisle, P A, from July 2000 to October 2000. Plaintiff, Defendant" Jacqueline, and Curtis, at 111 Yates Street, Mt. Holly Springs, PA, from October 2000 to January 22, 2001. Plaintiff, Jacqueline, Curtis, Plaintiff's friends, Leann and Michael Boswell, their 2 minor children, and their danghter and son-in-law, at 312 Zion Road, Mt. Holly Springs, PA, from January 22, 2001 to the present. 13, The following other minor child/ren presently live with Plaintiff: a. CURTIS LEE BARBOUR Age: 8 years The Plaintifi's relationship to this child is: Mother 14. The facts of the most recent incident of abuse are as follows: On about Saturday, January 20, 2001 location: 111 Yates Street, Mt. Holly Springs, PA, the marital residence Defendant yelled at Plaintiff, caDed her vile names, and threatened her saying, "EBjoy your babies now because you won't have them for 10Bg", and "You woo't ever see your babies again." Defendant shoved Plaintiff about, threw a cup at her and a humidifier, shoved bel' backward into a closet, grabbed her by the neck, choked her, and repeatedly threatened, "'PI show you." When Plaintiff got away from Defendant, he got a gun from the gun cabinet, loaded it, cocked it, and threllte~~~ ~er saying, "I'R:show you", causing her to fear for her life and the lives of her , "' .'-,;,""~, , 1Ililiitli~) '. children. Defendant took the gun into the bathroom, locked the door, punched the walls several times, came out, and threatened, "Enjoy the kids now, because you won't have them for long." Fearing for their safety, Plaintiff left the marital home with the children, and has been staying with friends for hers and the childrens' protection and to avoid further abuse. On or about January 29, 2001, Plaintiff, who thought her whereabouts were unknown to Defendant, saw him drive by the residence where she is staying several times causing her to fear for her safety. Two days later, Defendant came to the residence where Plaintiff and the minor children were staying. Fearing for her safety, Plaintiff did not open the door, but told Defendant that she had called 911, and that the police were on their way. Defendant left. 15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/reD, (including any threats, injuries, or incidents of sta1king) are as follows: Since approximately January 2000, through late January 2001, Defendant abused Plaintiff in ways including, but not limited to the foUowing: shoving her, choking her, throwing household objects at her at times hitting her and/or narrowly missing her" and punching walls. On several occasions when Plaintiff tried to leave the home with the children. Defendant grabbed the babies from her to prevent her from leaving and/or blocked the doorway witb his body. Defendant has repeatedly threatened to kill himself, and often threatened specifically to blow his head otTo Plaintiff fears for her life and the lives of the minor children due to Defendant's instability and volatile temper. 16. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor child/ren: a, any and aU firearms and/or weapons, specifically: b. .22 caliber riOe c, riOes and shotguns d. handguns e. bows and arrows 17. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: PENNSYLVANIA STATE POLICE MT. HOLLY SPRINGS POLICE DEPARTMENT LOWER ALLEN TOWNSB:IP POLICE DEPARTMENT 18, There is an immediate and present danger offurther abuse from the Defendant. 19, The Defendant owes a duty of snpport to Plaintiff and/or minor child/ren. 20, Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Lost wages. ,-_L ,~-^ i:Crot '''-iIl'#e '. 21. FOR THE REASONS SET FORm 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. Evict/exclude Defendant from Plaintifl's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c, Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Defendant may have supervised visitation with the minor children through the Carlisle YWCA's supervised visitation program pending further Order after the hearing scheduled in this case. Defendant may contact Plaintiff's attorneys, MidPenn Legal Services (243- 9400), to initiate supervised visitation with the children. 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 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, e, Prohibit Defendant from having any contact with Plaintifl's relatives and Plaintifl'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, f Order Defendant to temporarily turn over weapons to the Sheriff of this County and prolnoit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. g, Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren, including medical support . h. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing, L Order Defendant to pay the costs of this action, including filing and service fees. J. Order the following additional relie~ not listed above: Order Defendant to refrain from harassing Plaintiff's, relatives. ............J.. "-- , " -~-I '. Enjoin Defendant from damaging or destroying any property jointly owned by the parties or any property owned solely by PlaintitT. Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost of litigating this case. k, 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. Agency: ~~ Man Carey, Att. for Pl' . MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 Respectfully Submitted by: - ."" ' ~ . ~ "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:?- J{. u/ LL/~ Angela Lynn Goodyear, Plaintiff ~'-'- ,-,." ;:":i r[:L'C>7-!C~E c;~ ~ !(>"JOTNiY ,~, F"r. ", F..",C,". "'. '1" I 1J; - L,2') - to ] t '~Uj .' if ' "U', ""'('U'!T( v 'I,;~t:;_. Lh~ ',;j t.,J~) /'IJ PENNSYLVANIA -? /o( ,. o " CIi. }' / 1V ~i ~ . . ~ ?! ~jj 1 ;~ ~~ ~ ,<;, i :~ -'W I I '*' I ,~ .Ii I I , ...,~ .' . '::~::L IlL'-J -.~-j..~~i' 02/02/01 FRI 1 :19 FAX 717 240 6573 . ' CUMB CO PROTHONOTARY 1iiI00l *************************** *n MULTI TN REPORT *** *************************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2436 01l9p2405331 04]92490779 CENTRAL PROCESS PSP ERROR . OFFICE OF mE PROl'HCXIOI'ARY CUMBERLAND o:xJNIY COUR'IHCXJSE ONE lXX.IR'IHCfJSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 TO: L5 c.p Pi>. S'l.'l\TE POLICE V I ATE LEe 0 PIE R FAX ": 717-249-0779 f1lOo1 : CURTIS R. LONG RE: PFA ORDERS MESSAGE: 4& 00. OF PAGES (INCr..uoING CXlVER SHEET) , \ 'IlIis "Ec 3~ is :iJlI:b cbJ ally frr \te t.eC of tte itrliv:iduol (J[' mtit;y In IItlid1 :is is cd:h.~__ 1. a'd lTfri CO'lWn inli:mmtim th3t is p:iv:i.lfgrl. crn.f:kH1tial ad exerp: fro'n 0'1;....1....,.,. ~ "fPHn>hI..)&I. fF tl-e ~ of this n' El'F:is rut t1-e inl:eL'l3:1 =:ipjalt:. 'PI arB t'Enbf rotififd lTat <nf clis;;etniretkn, distril:1ltirn at: awirg of this comu'1icat;m is strictly ptltibita:l. If 'PI ta.e J:B:Ei~ lius a:nnu'lio:;.iJ;n in eo:>x. plJ;ei:;e rrtify U3 :imrerlialely l:!f mlelitrre ad [ElJ.Irn tle crigirel n' ~~J' to LS crt tte <hJ.,,' a:l:I= v:io tlu ,1.5. p:Atal ~ice. 'I1'a1k )OJ. ~, . ~ ;;:-,. ". ., ANGELA LYNN GOODYEIt'( Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 01-689 CIVIL TERM HEATH W. GOODYEAR, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTfflUANCE AND NOW, thiS{i~YOfFebruary, 2001, upon consideration ofthe attached Motion for Continuance, the matter scheduled for hearing on February 12, 2001, at 1 :30 p.m. by this Court's Order of February 2,2001, is hereby rescheduled for hearing on Friday, March 2, 2001, at 10:00 a.m. before Judge HotTer in Courtroom No.3 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through July 2, 2002, or until further Order of Court, whichever comes first. sident Judge ~ ~,O\ t?{)~\~ Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Thomas S, DieW, Attol1ll;ly for Defendant 1 West High Street, Suite 208 P.O, Box 1290 ~arlisl~, P A 17013 I I I Ic__ ~~ , .' " _:!~~- ~" H-~ ,,1,->- n~: \j, FiU::0.-()O:'F\CE :: - "-'(:'i",.10T1\liY 01 FEB c J rr:,/. n. "10 1"j'J (J' :, . CU1\/i3[:,hi,j~>JtJ COtJt".lTY PENNSYLV;\NI.II ,,,. "'''~""l.UI>>'~''.I' - L",".'- -~_" "~-_J _,~L.' ". -, -~'"~,.~ '~" ~"!WI~lSi'~. ~L_ ~.~n ._"=l~IfIi;\lIWi~%ge;~.'li!il&I"'~:;;~~_'t~f"f~lWfWt~il!m~~tili~~~i!\l!~~I~ ,,~ " ' ". ANGELA LYNN GOODYEAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO, 01-689 CIVIL TERM HEATH W. GOODYEAR, Defendant : PROTECTION FROM ABUSE MOTION ,FOR CONTINUANCE Plaintiff, Angela Lynn Goodyear, 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 February 2, 2001, scheduling a hearing for February 12, 2001, at 1 :30 p.m. in Courtroom No, 3 before Judge Hoffer. 2. The Cumberland County Sherifl's Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on February 2, 2001, at his residence at 111 Yates Street, Mt. Holly Springs, Cumberland County, Pennsylvania, 3. Defendant has retained Thomas S. Diehl, Attomey at Law, to represent him in the matter 4, The parties agree, by and through their respective counsel, that the hearing be rescheduled pending further Order in this matter. 5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through August 2, 2002, or until further Order of Court, whichever comes first. ~ ';- -~ ,- ~;" ,.' - - '.',: ~~ii~' " WHEREFORE, 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 18 months from the date it was entered, through August 2, 2002, or until further Order of Court, whichever comes first. Carey, Attorney for Plaint' . dPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 Q, , - ANGELA LYNN GOODYEAR, Plaintiff v. HEATH W. GOODYEAR, Defendant -..,,",,' " I .. ^-" ^.--~~!Iiltlh" : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-689 CIVIL TERM : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, thi","~ay of March, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on March 2,2001, at 10:00 a,m. by this Court's Order of February 14, 2001, is hereby rescheduled for hearing on Wednesday, March 21, 2001, at 9:30 a.m. in Courtroom No. 3 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through July 2, 2002, or until further Order of Court , whichever comes first. Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Thomas S. Diehl, Attorney for Defendant 1 West High Street, Suite 208 P.O. Box 1290 Carlisle, P A 17013 , ~ '- " J]llilf '0" ~ ~~, .-''"'" -,-- "~".,, U i !",' ",) 0'" I ? CUi,!:, i)[:[\]\!S'.itV/\:\]:i-\ -< I"","",~- -I;':;,';~" G: =,-,-,-~=",,"- .-,' -,' ""~ -,. " -'^,' ,.." J .:ffJ~m~~~~B.~~~.l:iii'Wll<P1'i<'V<f""",,--jn'''r,''',"~M;i'i-',j'i'~;'F11;Y~';:!f~h"'~tiiej'iJiif'~~~iT'!f.ft>,~l\<l:~ ", ,;;,.. ~. ,",,-.- 'l~ -, ',~ , -~=---.,,~~~ , J ANGELA LYNN GOODYEAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 01-689 CIVIL TERM HEATH W. GOODYEAR, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Angela Lynn Goodyear, by and through her attorney, Joan Carey ofMidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. On February 14, 2001, a motion was filed and an Order for Continuance entered in the above-captioned case rescheduling the hearing for March 2,2001, at 10:00 a.m. in Courtroom No, 3, 2. The parties agree, by and through their respective counsel, that the hearing be rescheduled pending further Order in this matter. 3. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through August 2,2002, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiffrequests 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 18 months from the date it was entered, through August 2, 2002, or until further Order of Court, =. . c. whichever comes first. Respectfully submitted, ~y, Attomeyfor MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 '_n_ o ~ t-: ;', ~~ 0' p;:; L: 13 C! ii,n, , f'('li IN'"j'\/ ',-..d'.li...,_r \_,,,}\.}I 'j1 PEi\!NSYlY/\\!!,.!\ i ~ , f: i 1t :f t. ;:;j _?: . .'0 i J( :~ _~i ~ ~ ~ ~ ~ ~ i j . ! I I ~ ~~ ~j 1- - ~ -~'- _.._.h ",' SHERIFF'S RETURN - REGULAR CASE NO: 2001-00689 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOODYEAR ANGELA ET AL VS GOODY;EAR HEATH W WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon GOODYEAR HEATH W the DEFENDANT , at 0018:53 HOURS, on the 2nd day of February, 2001 at 111 YATES STREET MT HOLLY SPRINGS" PA 17065 by handing to HEATH GOODYEAR a true and attested copy of PROTECTION FROM ABUSE together with TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Additional Comments WEAPONS CONFISCATED Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.72 .00 10.00 .00 31.72 So An:~, rs' ~ ~, ~~.,~ '" R. Thomas Kline 02/05/2001 Sworn and Subscribed to before By: ~~ me this ~~ day of 1tP,"OA',! ck-oJ A.D. n (Q. , ~ /},d.l. " ~ Prothonotary -'~ ~ ~-;;';oj;: .' .. ANGELA LYNN GOODYEAR, for herself and on behalf of her minor children: JACQUELINE LOUISE GOODYEAR, CAITLIN MARIE GOODYEAR, and CURTIS LEE BARBOUR, Plaintiffs : In the Court of Common Pleas of . . : CUMBERLAND County, : PENNSYLVANIA : Civil Action - Law v. : No. 01-689 HEATH W, GOODYEAR, Defendant : Protection From Abuse FINAL ORDER OF COURT Defendant's Name is: HEATH W. GOODYEAR Defendant's Date of Birth is: November 28, 1968 Name(s) of All protected persons, including Plaintiff and minor children: 1, ANGELA LYNN GOODYEAR 2. JACQUELINE LOUISE GOODYEAR 3. CAITLIN MARIE GOODYEAR 4. CURTIS LEE BARBOUR AND NOW, this 21st Day of March, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Angela Lynn Goodyear, is represented by Joan Carey of MidPenn Legal Services; Defendant, Heath W. Goodyear, is represented by Thomas S. Diehl, Attorney at Law. Defen~t, alth~~gh agreeing to the terms oft~der, does not admit the allegations made m the PetitIOn. - Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten tile Plaintiff or any other protected person in any place where they might be found. J I I I I I, h ,.. , ~ .,- ~ "~- <." FiLED-O::FjCt OF 'I' T ii~'mTI\RY 0, ';18P 21 I fl"" _'" f)H '): on II l,.., _'"' CUi\t![.lEFiLfli.JD CGUlfry PENNSYLVANIA .' "'__', .'<0'",' """-""-""~' ,,,,,,<~ ~--"'~" - ~"~-. > .""-.,,,. ,.~~~,,,,~,",!""__.''Wi!1'''''''''~;ln-'-,'''__kl,-,,,,.,_::;<),<_,,,,,'J)!'''*,tW~'%Imw.~'f!-!i'!}'~,.:-j0;'I'-l:M~ITJi,;~!~'1!I~ ~_ _~~,l:lfnL.., rT:R~~I<lMi'@~ . ~ ~ .' ". , . 2. Except as provided in Paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with the PlaintrtI: 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 fonowing locations for the duration of this order. Plaintiff'~current residence, which is at an nndisclosed location, and any residence which she may establish for herself for the dnration of this Order. Plaintiff's current place of employment listed below, or any other place where she may be employed for the duration ofthis Order: Select Medical Corporation 4716 Old Gettysburg Road Camp Bill, PA The child care facility for the parties' minor children wherever that may be. The school of Plaintiff's minor child, Curtis Lee Barbour: Mt. Holly Springs Elementary School 110 Mooreland Avenue Mt. Holly Springs, P A 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, JACQUELINE LOUISE GOODYEAR 2. CAITLIN MARIE GOODYEAR shall be as follows: . Primary physical custody of the minor child/ren is awarded to the Plaintiff. . see the attached Custody Order. ......0,. , 111IUilili;.l; "-, , , , . . , . 5. Defendant shal1 immediately turn over to the Sherifl's Office, or to a local law enforcement agency for delivery to the Sherifl's Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children, 1. any and aU firearms and/or weapons, specifically: 2. .22 caliber rifle 3. rifles and shotgnns 4. handguns 5. bows and arrows 6. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. The Defendant has 30 days after expirations of this order to petition the Court for return of confiscated weapons. Defundant may, upon the expiration of this Order, request that the sheriffreturn any firearms and/or weapons held pursuant to this Order. The sheriff shall determine if Defendant is otherwise legally entitled to possess the firearms and/or weapons. If the Protection From Abuse Order has expired and Defendant is legally entitled to possess firearms and/or weapons, the sheriff shall present an Order to the Court authorizing that the firearms and/or weapons be returned to Defendant, Otherwise, the sheriff shall notifY Defendant that hel she must file a petition with the Court seeking a return of the firearms and/or weapons, in which case the Court, upon petition, will schedule a hearing with notice to Plaintiff. 7. The following additional relief is granted as authorized by ~6108 of the Act: Plaintiff is awarded nse and possession of the following personal property: located in the house and/or shed at 111 Yates Street, Mt. Holly Springs: Bicycle belonging to Plaintit1's son, Curtis Lee Barbour Plaintit1's lawn mower, gardening tools and supplies antiqne mirror in dining room Christmas decorations china which belonged to Plaintit1's great-grandmother Plaintit1's personal belongings Defendant is prohibited from having any contact with Plaintit1's relatives and Plaintit1's children listed in this petition, except as the conrt may find necessary with respect to the custody arrangements set ont in the attached Custody Order regarding the parties' children. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property jointly ;Zc"'''''''''" , , _'. I co. . 0 - _._ ~ , . . , owned by the parties or any property owned solely by PlaintitT. The court costs and fees are waived. 8. BRADY INDICATOR . The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. . Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s), . The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury, 9. 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 MT. HOLLY SPRINGS POLICE DEPARTMENT LOWER ALLEN TOWNSHIP POLICE DEPARTMENT 10. THIS ORDER SUPERSEDES: 1, ANYPRIORPFAORDER 2, ANY PRIOR ORDER RELATING TO CHILD CUSTODY 11. All provisions of this order shall expire on: September 21,2002 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 ur TP ,~,qQP 1\t'lWQ~ ~ J1It~N~NCE OF UP TO SIX M91tITH,S. 23 P,A.C.S. ~()11,4. VJ~, 'A:, TI:~!'t ','sq srn.~, CT YOU TO PRqSE~UTIQl'f'~ C~IMINN.; :VF,J'If~ ~. ~jt TtWi'~t:NNSYL VANIA CRIMES CODE. ' , ' nT! ' T' , ' THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT , ~ ,". ,. -,'j .,.;;., ,~=. ^". ~~.'--"~:~~ OF COLUMBIA, TRIBAL LANDS, US, TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 US.C. ~2265.1F YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS 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, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 US.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION, NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 6 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 Cumberland County Sheriff's Department 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 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. omas S. Diehl, Attorney for Defendant ",.' -', > "~",- -,- ~- .., - ". ,-, '{..-Y~_-'" ~, _,~~, 'M' .,_~" _, -~,~-~, ~ "~O"~ "~ -~-'" ,~ -,<~ . -". -~- fir::- ';-: .~ ~, . {}~F1C~ C', :-:-:,"_)>:CTP',,:~Y 01 tj;jQ 2" !"iI'... _ 0 "'I I" I'" Ail I. ;; " ,>.,' ry)'" '1'Y I.....Ui\4t)~r-lL/\:\U u.... UN PENNSYLVI'.NIA ~" p!ll1';lr<'.r1' ~ .' .'" ~ ~ _ 1 ~ ",<_~I!!fl;_~U,~~"'},"Q'it""'_f,:N''i<-ro?'m~'_~I'*~~~F1F!(IIiti.~li!!li!!If~~~ll~~ "-",,-,, ANGELA LYNN GOODYEAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO, 01-689 CNIL TERM HEATH W. GOODYEAR, Defendant : PROTECTION FROM ABUSE ~STODY ORDER AND NOW, thi~ day of March, 2001, the following Order is entered by consent of the parties with regard to custody of the parties' children, Jacqueline Louise Goodyear and Caitlin Marie Goodyear, DOB: August 8, 1999, 1. Plaintiff, hereinafter referred to as the mother, and Defendant, 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's contact with the children shall commence with supervised visits and gradually expand to periods of partial custody as follows: a) For a period of One month (from March 20,2001, until April 17, 2001), the father shall have supervised visits with the parties' minor children at the home of the patemal grandmother, Linda Goodyear, supervised by her, on Tuesdays and Thursdays each week from 5:45 p.m. until 8:00 p.m., and the father's sister, Heidi Shover, shall supervise his visits with the children at her home two weekend days during the month (Sunday, March 25, 2001, and April 8, 2001) from 10:30 a.m, until 2:00 p.m, b) In the second month, from April 18, 2001, until May 12, 2001, the father shall have periods of partial custody with the children at his residence t I . .-ili' . each Saturday from noon until 3:00 p.m. and one weekday evening each week as agreed upon by the parties from 5:45 p.m, until 8:00 p,m. c) In the third and fourth months, from May 26,2001, until July 8, 2001, the father shall have periods of partial custody with the children at his residence Saturday and Sunday on altemating weekends (May 26-27, June 9-10, June 23-24, and July 7- 8, 2001) from 10:00 a.m. until 6:00 p,m. and one weekday evening each week agreed upon by the parties from 5:45 p,m. until 8:00 p,rn. d) In the fourth and fifth months, from July 21, 2001, until August 17, 2001, the father shall have periods of partial custody with the children at his residence on alternating weekends from Saturday at 10:00 a,m. until Sunday at 6:00 p.m, (July 21- 22, August 4-5, August 18-19, September 1-2, 2001) and one weekday evening each week agreed upon by the parties from 5:45 p.rn. until 8:00 p,m, e) Beginning the sixth month, as of September 14, 2001, and thereafter, the father shall have periods of partial custody with the children at his residence -, f' rnYJ."'-1 1& f"^ on alternating weekends from S~~day at 1 ~ a,m. until Sunday at 6:00 p,m, and one weekday evening each week agreed upon by the parties from 5:45 p,m. until 8:00 p.m. f) The father may have periods of partial custody with the children on dates and at times mutua11y agreed upon by the parties. 4. Transfer of custody shall take place at the home of Heidi Shover, the father's sister unless otherwise mutually agreed upon by the parties, 5. The father agrees not to use any alcohol and/or illegal drugs prior to commencing this custody schedule and thereafter. The father, through his attorney, agrees to provide to MidPenn Legal Services the name of his counselor and/or the name of the l!rug and alcohol treatment program ~~. ,.~ " "":' ,,' ,,- in which he is enrolled for treatment, confirm his attendance at the program and/or his counseling appointments, and any other recommendations for treatment of his drug and alcohol or mental health issues, The father understands that the progression of the foregoing custody schedule is contingent on his compliance with his drug and alcohol treatment and his sobriety. 6. 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, 7. The mother and father agree that each shall notifY the other immediately of medical emergencies which arise while the children are in that parent's care. 8. 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 is entered pursuant to the consent of Plaintiff and Defendant: L/;;( AI~ Angela Lynn Goodyear, Plaintiff ~ MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~ !I~ hi A/?Ot-<- ~-c- Heath W, Goodyear, Defendant ' I , omas S, DieW, Attorney for Defendant 1 West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 (717) 240-0833 . I A :3 - J. ( -u ! '0 < fVla.i eC[ CcrlV \- '~ . I I ill i . ro ~ I '~ , :ii! ~ f/ajJ;{f IJot Pr!L~ ~ ~ql S>cV'~' Vi' ~Ad CludfVIol/f,d 3-11-c. ~p5P -' r;~ot /0 l .). S-/)I{l/ r:;. ;<~a' C f "3 - J f- el/ ~ ;'; -;'1 ~I ~ , :-Ii :'@ j ~ ;;: 'ffi ~ 41 ,~, ~ i I '~ ~ ,. . 03/21/01 WED 15:09 FAX 71"i ,240 ~6~73 CliMB CO PROTHONOTARY ~001 *************************** *n MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2514 01]9p2405331 03]9p2438026 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR . OffiCE OF THE PRaI1iONOTARY CUl>1BERLANO COONr\' COUR'IHCOSE ONE a:xJRTHOOSE 5Ql.IARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VIA'l'ELECOPIER TO: PA STATE POLICE F/IX ~: 717-~49-0779 FR01: CURTI SR. LONG RE: PFA ORDERS MESSAGE : ,IJ l\X). OF PAGES (INCLUDING roJER SHEET) 111is ~ is intmi;d ally fur t:te l.Eie of tte irdividLBl ex EJ1tit}' ill ..trim is is ..J:ll:~. .;rrl ~ crntain inti:.Jur6tim t:tat is ~. aI1fidmtial .:ni ~ fmn rlio,:-l""n:e \TIS: "IT'll,.".,l" laN. rf t1"e J:eek of tl\i.s ~ is rot tiE inll'nb:l r:a;:jpimt. }Ol are ~ rotified t::h3t a"Iy disSEIY\ireltial, d:istl:iW:ia1 Q[' cq:y:in;j of this o::rnnnicat.im is strictl.y JIdUbite:l. If 'i:'O.l tBI.e re::Ei""" ttus comu:til::.r.Jm in em:r. pl.t;fige roti:fY IS imrediately ~ te:iepl:re at! reb..Im tie ::x:ktin;l.l. m:s;;a:e 1:0 LS at o..l..._..J..._ _.....:1. '.' -- - - ._. J,,' ANGELA LYNN GOODYEAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-689 CNIL TERM HEATH W. GOODYEAR, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ,I~ ORDER OF COURT AND NOW, this ~ day of MAY, 2001 this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, HEATH W. GOODYEAR. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, Jonathan R. Birbeck Chief Deputy District Attorney HEATH W. GOODYEAR ~ ~. -,"" ^- "'" ~.'~-- ,~ ~~ <-'~~ , ,- "-- ,;-<":",','1';, "~""<~"i:'~,,'" -;.jJ" ",_>,,_'<x, k'-''''''..N''''-~''-''''--o-lr '"'~.. ".-,' "'JjfjjiJ OF !Jr'j !,to '( , flH -If i\iI 10: 53 CUlvi8EHlh\Jij COUN"iY PENNSYLVANiA !liIl!l~Ifj(,~~ '", ~,'_" r.'" ," ,IP:l!I!.l!ff~1ll~M'~~;.';'-rjB;'1'f<l~;'~'T(-'"'1'Jj'!i''W~'I:;I%jj)~~li!~ifIjlOlWlli<:lffl;@"_,%jIOfJ~~~!~"JiI'1_,. _ ,~""fU ANGELA LYNN GOODYEAR, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 01-689 CIVIL HEATH W. GOODYEAR, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation ofthis Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing ofthis criminal complaint. 5. The Commonwealth is requesting a hearing on the charges ofIndirect Criminal Contempt pursuant to 23 Pa.C.S.A. S 6113. 6, The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. S 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitte , ". 1 ~, " ~- ~ '!\WI ~_ ) '!ill, V~ -~" r"""""""", . , ,-, ~ ,.- OF HLED--G-=r ~>: ,~'-T, 'OTARY 01 MAY -it fUr 10: c~4 CUI\ALCir-H"i ,;,;,;, ('OUNTY "'l... W\I~,.,. V ' PENNSYLVANiA' , "',-- ,;;;,,\'~_,~-;'-,,-'-"1 - --'~' ,.', "-,-,,,~ ~,,,,"-~-..." ~- ~I^~I '-] 'lit llir l!i~[!"lffli~'~""_'IT' C!_~"'~C~ ~,"~~~fj'4!l_;l:~.!1i'i1'.""""1j~~,_~,'\'.0l~'i\-~;rn;;N!:'?Of'f_II!i!"lj~)'II!!!I~"lW-if.',~~t-lW~~ , COMMONWEALTH OF fi>ENNSYLVANIA COUNTY OF S/lUI"IIIN (A...,.. b.etior.r1c! 09101 SUMMONS CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT Mag. Dist.No.: Address: 1106 CARLISLE CAMP,HILL 717 761 4940 RD PA 17011 DEFENDANT: COMMONWEALTH OF PENNSYLVANIA VS. OJ Name: Hon. CHARLES CLEMENT Telephone: NAME and ADDRESS HEATH WILLIAM GOODYEAR 111 YATES ST MT HOLLY SPRINGS PA 17065 0000 00 AKA: ."~,..,,,,~ HEATH GOODYEAR Docket No,: Date Filed: OTN: 101;" * Registration Number Annual Sticker Number Complaint Number COTnplaint Numbers if other Participants OLN Number I l?}'6217~~8t~9b nc en urn er I ?om 0400ROO SID Number T,Z\.T. UCR Number l?fi4? I l R.8A: WM 32 D.O.B.: 11 28 1968 8,8.#: 174 64 4748 ORINO.: PA0210600 District Attorney's Office _ Approved _ Disapproved because: (The District Attorney may require that the complaint. arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing. Pa,R.Cr.P, 107,) When the affiant is not a police officer as defin~d in Rule 51(C) and the offense(s) charged include(s) a misdemeanor or felony which does not involve a clear and present danger to any person or the"community, the complaint shall be submitted to the attorney for the Commonwealth, who shall approve or disapprove without unreasonable delay). (Issue Date) (Signature) I, (NameofAffi,"l) PO GREGORY S THOMAS BADGE 1820 of LOWER ALLEN TWP POLICE DEPT/ residing at 1993 HUMMEL AVE. CAMP HILL PA 17011 do hereby state: (check appropriate area) 1, ~ I accuse the above named defendant, who lives at the address set forth above or, _ I accuse an individual whose name is unknown to me but who is described as _ I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe ,with violating the penal laws of the Commonwealth of Pennsylvaoia at: LOWER lIT,ToRN 'T'WP {I='Ia~lircaT~ubdlvrsronT 4716 ~E6TYtySBURG RD MECHANICSBURG on or about I( ouny) CUMBERLAND 04 27 2001 0830 HRS Participants were: (if there were participants place their names here, repeating name of above defendant) 2. The acts committed by the accused were: (Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged, Neither the evidence nor the statute allegedly vioiated need be cited, nor shall a citation of the statute allegediy violated, by itself. be sufficient in a summary case. set forth a citation of the specific section and sub-section of the statute or ordinance allegedly violated). ** INDIRECT CRIMINAL CONTEMPT - CSA1990 CTS 1 THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER NUMBER 01-689 THE ORDER WAS SIGNED BY THE HONORABLE GEORGE E. HOFFER THE ORDER WAS bATED MARCH 21, 2001 Copy: District Justice Defendant Return of Service Pollee 4/97wp ~-=-,. .' , I, ., - - ,~-,,~ ~ "---' "l" Page 2 -~~- ~ CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT Defendant Name:HEATH WILLIAM GOODYEAR Docket Number: INCIDENT NO: 20010400800 LAL THE ACTOR VIOLATED THE ORDER BY CALLING THE PLAINTIFF ANGELA LYNN GOODYEAR AT HER EMPLOYMENT, SELECT MEDICAL GROUP 4716 GETTYSBURG RD., CAMP HILL PA 17011. ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY, OR IN VIOLATION OF 6113 A OF THE ACT OF 23 OR THE ORDINANCE OF 3. I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. I certify the complaint has been properly completed and verified, and that there is probable cause for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. 4904) relating to unsworn falsification to authorities. Date: tIt~('/~~~ (~I ature of Complainant) AND NOW, on this date, I certify the complaint has been properly completed and verified, and that there is probable cause for issuance of process. (MagisteriaIDlstricl) (Issuing Authority) (SEAL) ~ u _....""~._ " -... - "_J_' " '" """ ;;'""'-"J;; CRIMINAL COMP~INT CHARGES , , DISTRICT JUSTICE COPY DEFENDANT: HEATH WILLIAM GOODYEAR OTN: INCIDENT NO: 20010400800 LAL 23 6113 A INDIRECT CRIMINAL CONTEMPT - CSA1990 1 ~_'llIl:1 ~....c~ <Ll ~ ,I ~ ~ LOWER ALLEN TW~ POL~CE DEPT/ PROBABLE CAUSE AFFIDAVIT INCIDENT NUMBER: 20010400800 LAL DATE: 04/27/2001 OTN: PG 1 CHARGE (S) : 23 6113 A INDIRECT CRIMINAL CONTEMPT - CSA1990 #CTS 1 COMMONWEALTH VS HEATH WILLIAM GOODYEAR INFORMATION: ANGELA LYNN GOODYEAR REPORTED THAT ON 4/27/01 AT ABOUT 0830 HRS. HEATH GOODYEAR CALLED HER AT WORK WHICH WAS IN VIOLATION OF A PROTECTION FROM ABUSE ORDER SIGNED BY JUDGE GEORGE E HOFFER ON 3/5/01. ANGELA WAS AT WORK AT SELECT MEDICAL GROUP 4516 GETTYSBURG RD., MECHANICSBURG, PA 17055. ANGELA STATED THAT HEATH FIRST ASKED HOW ANGELA WAS DOING. ANGELA ASKED WHO SHE WAS TALKING TO HER AND THE MALE SAID HEATH. THEN HEATH SAID HE WANTED TO SEE THE KIDS. ANGELA TOLD HEATH THAT HE ONLY HAD VISITATION EVERY OTHER WEEK. ANGELA ASKED HEATH WHEN HE WAS GOING TO PAY CHILD SUPPORT. HEATH TOLD HER SHE WOULD GET HER "FUCKING MONEY" WHEN HE GETS IT. ANGELA SAID HEATH SOUNDED LIKE HE WAS DRUNK SO SHE ASKED HEATH IF HE HAD BEEN DRINKING AND HE SAID HE WASN'T. I FOUND A COPY OF THE PFA IN THE FILE AND IT STATES THAT HEATH IS TO HAVE NO CONTACT WITH ANGELA EITHER BY PHONE ON IN PERSON OR BY THIRD PERSON. I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED TO ANSWER THE CHARGE(S) I HAVE MADE IN THE ABOVE AFFIDAVIT. I SWEAR TO, OR AFFIRM, THE AND BELIEF, AND SIGN IT ON BEFORE WITHIN AFFIDAVIT UPON MY KNOWLEDGE, INFORMATION ,20_ ' WHOSE OFFICE IS THAT OF ~~FIANT rV ~(@~r r/ (;k,fl1.~ /PRINT SIGNATURE & SEAL OF DISTRICT JUSTICE 2 COPIES - DISTRICT JUSTICE '1 COPY - BUREAU OF POLICE ANGELA LYNN GOODYEAR, : In the Court ofConunon Pleas of for herself and on behalf of her minor children: JACQUELINE LOUISE GOODYEAR, : CUMBERLAND County, CAITLIN MARIE GOODYEAR, and CURTIS LEE BARBOUR, : PENNSYLVANIA Plaintiffs : Civil Action - Law v, : No, 01-689 HEATHW, GOODYEAR, Defendant : Protection From Abuse FINAL ORDER OF COURT Defendant's Name is: HEATH W. GOODYEAR Defendant's Date of Birth is: November 28, 1968 Name(s) of All protected persons, including Plaintiff and minor children: 1. ANGELA LYNN GOODYEAR 2, JACQUELINE LOUISE GOODYEAR 3. CAITLIN MARIE GOODYEAR 4, CURTIS LEE BARBOUR AND NOW, this 21st Day of March, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Angela Lynn Goodyear, is represented by Joan Carey ofMidPenn Legal Services; Defendant, Heath W, Goodyear, is represented by Thomas S, Diehl, Attorney at Law, Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition, Plaintiff's 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, - ;,t ~~ J" """,,,. LI{ '~ ~ "'<~,-: 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 Plaintiffs 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 cnrrent residence, which is at an undisclosed location"and any residence which she may establish for herselffor the duration of this Order. Plaintiff's current place of employment listed below, or any other place where she may be employed for the duration of this Order: Select Medical Corporation 4716 Old Gettysburg Road Camp Hill, P A The child care facility for the parties' miuor children wherever that may be. The school of Plaintiff's minor child, Curtis Lee Barbour: Mt. Holly Spriugs Elementary School 110 Mooreland Avenue Mt. BoDy Springs, P A 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. JACQUELINE LOUISE GOODYEAR 2, CAITLIN MARIE GOODYEAR shall be as follows: . Primary physical custody of the minor child/ren is awarded to the PlaintitT. . see the attached Custody Order. - .. 5. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children, 1, any and all firearms and/or weapons, specifically: 2, .22 caliber rifle 3, rifles and shotguns 4, handguns 5, bows and arrows 6. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. The Defendant has 30 days after expirations of this order to petition the Court for return of confiscated weapons, Defendant may, upon the expiration of this Order, request that the sheriff return any firearms and/or weapons held pursuant to this Order. The sheriff shall determine if Defendant is otherwise legally entitled to possess the firearms and/or weapons, If the Protection From Abuse Order has expired and Defendant is legally entitled to possess firearms and/or weapons, the sheriff shall present an Order to the Court authorizing that the firearms and/or weapons be returned to Defendant. Otherwise, the sheriff shall notifY Defendant that he/she must file a petition with the Court seeking a return of the firearms and/or weapons, in which case the Court, upon petition, will schedule a hearing with notice to Plaintiff. 7. The following additional relief is granted as authorized by ~6108 of the Act: Plaintiff is awarded use and possession of the following personal property: located in the house and/or shed at 111 Yates Street, Mt. Holly Springs: Bicycle belonging to Plaintiff's son, Curtis Lee Barbour Plaintiff's lawn mower, gardening tools and supplies antique mirror in dining room Christmas decorations china which belonged to Plaintiff's great-grandmother Plaintiff's personal belongings Defendant is prohibited from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the court may fiud necessary with respect to the custody arrangements set out in the attached Custody Order regarding the parties' children. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property jointly '1.;_. '. - I~ ~ ,_a owned by the parties or any property owned solely by Plaintiff. The court costs and fees are waived. 8. BRADY INDICA TOR . The Plaintiff or protected person( s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. . Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s), . The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury, 9. 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 MT. HOLLY SPRINGS POLICE DEPARTMENT LOWER ALLEN TOWNSHIP POLICE DEPARTMENT 10. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 2, ANY PRIOR ORDER RELATING TO CHILD CUSTODY 11. All provisions of this order shall expire on: September 21, 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 ur TO ~l,QQP ~/Qll-I\ f1Itm~JfNCE OF UP TO SIX M9NTHS, 23, PA.C.S. ~(l} 14, Vlfn,~Tlq~ '.frT~" SQ, S~:W:CT YOU TO PRqSE(:::UTIQti"J\+'IDCRTMTN.JU;llf1>!Aq ~ fJt' 'l1ENNSYLVANIA CRIMES CODE, ' . ' f'Tr ' ,'rf', THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT .-' , ~ -'--~ rr~_L I, . ,-, - -.~ ,'- - ,- OF COLUMBIA, TRIBAL LANDS, U,S, TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 US.C, 92265 IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US,C 992261- 2262, IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 US,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 6 ofthis 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 Sheriff's Department shall maintain possession of the weapons until further order of this Court, When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned, A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date ofthe hearing, ~ / oan Carey, Attorney for P '..!!-cA/(; ~GQQdye~,Defund ' ~Lj~ "-Thomas S. Diehl, Attorney for Defendant - ".~~ - '" "~,-"";,, ''['0' ANGELA LYNN GOODYEAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO, 01-689 CIVIL TERM HEATHW. GOODYEAR, Defendant : PROTECTION FROM ABUSE ~STODY ORDER AND NOW, thi~ day of March, 2001, the following Order is entered by consent of the parties with regard to custody of the parties' children, Jacqueline Louise Goodyear and Caitlin Marie Goodyear, DOB: August 8, 1999, 1, Plaintiff, hereinafter referred to as the mother, and Defendant, 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's contact with the children shall conunence with supervised visits and gradually expand to periods of partial custody as follows: a) For a period of one month (from March 20,2001, until April 17, 2001), the father shall have supervised visits with the parties' minor children at the home of the paternal grandmother, Linda Goodyear, supervised by her, on Tuesdays and Thursdays each week from 5:45 p.m, until 8:00 p,m" and the father's sister, Heidi Shover, shall supervise his visits with the children at her home two weekend days during the month (Sunday, March 25, 2001, and April 8, 2001) from 10:30 a,m, until 2:00 p,m, b) In the second month, from April 18, 2001, until May 12, 2001, the father shall have periods of partial custody with the children at his residence ,. , r , . ~ < ~-. -. I" each Saturday from noon until 3:00 p,m, and one weekday evening each week as agreed upon by the parties from 5:45 p,m, until 8:00 p,m, c) In the third and fourth months, from May 26, 2001, until July 8, 2001, the father shall have periods of partial custody with the children at his residence Saturday and Sunday on alternating weekends (May 26-27, June 9-10, June 23-24, and July 7- 8,2001) from 10:00 a,m, until 6:00 p,m, and one weekday evening each week agreed upon by the parties from 5:45 p,m, until 8:00 p,m, d) In the fourth and fifth months, from July 21,2001, until August 17,2001, the father shall have periods of partial custody with the children at his residence on alternating weekends from Saturday at 10:00 a,m, until Sunday at 6:00 p,m, (July 21- 22, August 4-5, August 18-19, September 1-2, 2001) and one weekday evening each week agreed upon by the parties from 5:45 p,m. until 8:00 p,m, e) Beginning the sixth month, as of September 14, 2001, and thereafter, the father shall have periods of partial custody with the children at his residence rn'dv../ & f''^ on alternating weekends from S~day at 1 ~ a,m. until Sunday at 6:00 p,m, and one weekday evening each week agreed upon by the parties from 5:45 p,m, until 8:00 p,m, f) The father may have periods of partial custody with the children on dates and at times mutually agreed upon by the parties, 4, Transfer of custody shall take place at the home of Heidi Shover, the father's sister unless otherwise mutually agreed upon by the parties, 5, The father agrees not to use any alcohol and/or illegal drugs prior to commencing this custody schedule and thereafter. The father, through his attorney, agrees to provide to MidPenn Legal Services the name of his counselor and/or the name ofthe drug and alcohol treatment program J:l ~ , ." I~~ ;. ,~,"""~~,,, ~"'.rl' - -,-, -;jli;j in which he is enrolled for treatment, confirm his attendance at the program and/or his counseling appointments, and any other recommendations for treatment of his drug and alcohol or mental health issues, The father understands that the progression of the foregoing custody schedule is contingent on his compliance with his drug and alcohol treatment and his sobriety, 6, 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, 7, The mother and father agree that each shall notifY the other immediately of medical emergencies which arise while the children are in that parent's care, 8 , 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 is entered pursuant to the consent of Plaintiff and Defendant: { !I~hI ~Oz.c:?/1.~ ?:;7/i3-.m . ,0 '-'fIi<imas S. Diehl, Attorney for Defendant 1 West High Street, Suite 208 P.O, Box 1290 Carlisle, PA 17013 (717) 240-0833 I -I '3 ~ :J ( -u / CCf'(lj 1"'\ v I (0 c:L/ :/ AI~~ Angela Lynn Goodyear, Plaintiff Joan Carey, Attorney Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 COMMONWEALTH OF PENNSYLVANIA) SS: OCA: COUNTY OF CUMBERLAND ) TO: R. Thomas Kline, Sheriff, or any duly authorized law enforcement officer. RE: HEATH W. GOODYEAR 111 Yates Street Mount Holly Springs, PA 17065 DOB: 11/28/68 SEX: M HT: 506 WT: 148 EYES: BLU HAIR: BRO FBI: 370835JA8 RACE: WHITE DOCKET #: 01-689 CIVIL SSN: 174/64/4748 OLN: 21714849 PA SID: 183-28-58-5 OTN: 01-689 CIVIL VIOLATION OF INDIRECT CRIMINAL CONTEMPT WHEREAS, the above-named defendant allegedly violated his protection from abuse order on April 27, 2001, the indirect criminal contempt was filed by Officer Gregory S. Thomas of Cumberland County CID. WHEREAS, this Court on May 4, 2001 directed a Arrest Warrant be issued for the apprehension of the defendant. This is therefore to command you to arrest the defendant above and bring him/her before at Carlisle, Pennsylvania, without unnecessary delay to be dealt with according to law. WITNESS the undersigned Judge, at Carlisle, this 4th day of May, A.D., 2001. (s( Gf.6fJ.QfL r L1t1~ f1 GeorQlE. Hoff~ PJ. ATTEST: PR~gT;:R~d', ,~ (SEAL) ~~~ " '. -,.~:': COMMONWEALTH OF PENNSYLVANIA In the Court of Common Pleas Pro+J VS Cumberland County, PA Heath W. Goodyear I 2001-0689 CIVIL I, Jacob Baker, Deputy Sheriff, being duly sworn by law says that on 5/9/01 the above named defendant was arrested by Carlisle PD and taken to CCP. Sheriff Costs: none So answers, R. Thomas Kline, Sheriff By !is A J!Ju ; , . 'uJ 'Y-.odt.d Deputy Jacob Baker " . . > ANGELA LYNN GOODYEAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-689 CIVIL TERM HEATH W. GOODYEAR, Defendant : CHARGE: INDIRECT CRlMINAL CONTEMPT ORDER OF COURT AND NOW, this iii1l\-- day ofMA Y, 2001 this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, HEATH W. GOODYEAR, If the defendant is found during nOnnal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure, Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequentto trial; By the Court, (7{ ~~~ff~;;' Jonathan R. Birbeck Chief Deputy District Attorney HEATH W. GOODYEAR TRUE COPY FROM RECORD In Testimony wnereof. I here unto set my hallO and tile seal 01 said Court at Carlisle. Pa, This '1(,) aay ~ ~' ~)f L' .lJ..t.LIJ J;~ 14 F . / Prothonotary >. " ANGELA LYNN GOODYEAR, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 01-689 CIVIL HEATH W. GOODYEAR, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: L A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing ofthis criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. ~ 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. ~ 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court On the charge of Indirect Criminal Contempt. Respectfully submitte , r ~ - . ~ .. .',~~ .......~- '-}.; COMMONWEALTH OF P5MNSYLVANIA COUNTY OF 8Al:lfHIN c..."'~r1c1 09101 SUMMONS . CRIMINAL C'OMPLAINT AND PROBABLE CAUSE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA VS. Mag, Dist.No.: OJ Name: Hon, CHARLES CLEMENT 1106 CARLISLE RD CAMP HILL PA 17011 717 761 4940 DEFENDANT: Address: Telephone: NAME and ADDRESS HEATH WILLIAM GOODYEAR 111 YATES ST MT HOLLY SPRINGS PA 17065 0000 00 loI;" *' Docket No.: Date Filed: OTN: AKA: ..'~>~' '. HEATH GOODYEAR RegiStrallon Number Annual Slicker Number OlN Number SID Number Complaint Number Complaint Numbers If other Parttcipants ncr ent ber UCR Number 1'.11;4'.1 l 20010.a.onRnn T.nT. R.8.A.: WM 32 PA0210600 D.O.B.: 11 28 1968 8.8.#: 174 64 4748 ORINO.: District Attorney's Office _ Approved _ Disapproved because: (The DlstrlolAttomey may require that the complaint, arrest warrant affidavit, or both be approved by the attomey for the Commonwealth prior to filing. Pa.R.Cr.P; 1,07.) When the affiant is not a police officer as defined In Rule 51(C) and the offense(s) charged Include(s) a misdemeanor or felony which does not inv<J\ve a clear and present danger to any pelSOn or the community, the complaint shall be submitted to \he attorney for the Commonwealth, whO shall approve or disapprove without unreasonable delay). (Issue Date) (Signature) I, (NameofAfIlanlj PO GREGORY S THOMAS BADGE 1820 of LOWER ALLEN TWP POLICE DEPT/ residing at 1993 HUMMEL AVE. CAMP HILL PA 17011 do hereby state: (check appropriate area) 1. ~ I accuse the above named defendant, who lives at the address set forth above or, _ I accuse an individual whose name is unknown to me but who is described as _ I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I , have therefore designated as John Doe , with violating the penal laws of the Commonwealth of Pennsylvania at: LOWE~,k.Iil~bdimf 4716 ~~Oo~~B~~HANICSBURG onorabout04 27 2001 0830 BRS Participants were: (if there were participants place their names here, repeating name of above defendant) 2. The acts committed by the accused were: (Set forlh a summary of the ,facts sufficient to advlse,the defendant of the nature of the offense charged. Neither the evidence nor the statute allegedly violated need be clled, nor shall a citation of the statute allegedly violated, by Itself, be sufficient. In a summary case, set forth a citation of the specific section and sub-section of the statute or ordinance allegedly violated). ** INDIRECT CRIMINAL CONTEMPT - CSA1990 CTS 1 THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER NUMBER 01-689 THE ORDER WAS SIGNED BY THE HONORABLE GEORGE E. HOFFER THE ORDER WAS DATED MARCH ~1, 2001 Copy: District Justice Defendant Return of SeNlce Police 4/P/' ~- ""-- - I~~. ~~ ." bj " Page 2 ,9-~_ ~ . " CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT Defendant Name:HEATH WILLIAM GOODYEAR Docket Number: INCIDENT NO: 20010400800 LAL THE ACTOR VIOLATED THE ORDER BY CALLING THE PLAINTIFF ANGELA LYNN GOODYEAR AT HER EMPLOYMENT, SELECT MEDICAL GROUP 4716 GETTYSBURG RD., CAMP HILL PA 17011. ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY, OR IN VIOLATION OF 6113 A OF THE ACT OF 23 OR THE ORDINANCE OF 3. I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. I certify the complaint has been properly completed and verified, and that there is probable cause for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. 4904) relating to unsworn falsification to authorities. Date: (It~~~~ ($ lure of Complainant) AND NOW, on this date, I certify the complaint has been properly completed and verified, and that there is probable cause for issuance of process. (MagisterlaICJslrict) (Issuing Authority) (SEAL) '. CRIMINAL COMPLAINT CHARGES , . DISTRICT JUSTICE COpy - DEFENDANT: HEATH WILLIAM GOODYEAR O~: INCIDENT NO: 20010400800 LAL 23 6113 A INDIRECT CRIMINAL CONTEMPT - CSA1990 1 LOWER ALLEN'TWp, POLICE DEPTI PROBABLE' CAUSE AFFIDAVIT .. INCIDENT NUMBER: 20010400800 LAL DATE: 04/27/2001 OTN: PG 1 CHARGE (S) : 23 6113 A INDIRECT CRIMINAL CONTEMPT - CSA1990 #CTS 1 COMMONWEALTH VS HEATH WILLIAM GOODYEAR INFORMATION: ANGELA LYNN GOODYEAR REPORTED THAT ON 4/27/01 AT ABOUT 0830 HRS, HEATH GOODYEAR CALLED HER AT WORK WHICH WAS IN VIOLATION OF A PROTECTION FROM ABUSE ORDER SIGNED BY JUDGE GEORGE E HOFFER ON 3/5/01. ANGELA WAS AT WORK AT SELECT MEDICAL GROUP 4516 GETTYSBURG RD., MECHANICSBURG, PA 17055. ANGELA STATED THAT HEATH FIRST ASKED HOW ANGELA WAS DOING. ANGELA ASKED WHO SHE WAS TALKING TO HER AND THE MALE SAID HEATH. THEN HEATH SAID HE WANTED TO SEE THE KIDS. ANGELA TOLD HEATH THAT HE ONLY HAD VISITATION EVERY OTHER WEEK. ANGELA ASKED HEATH WHEN HE WAS GOING TO PAY CHILD SUPPORT. HEATH TOLD HER SHE WOULD GET HER "FUCKING MONEY" WHEN HE GETS IT. ANGELA SAID HEATH SOUNDED LIKE HE WAS DRUNK SO SHE ASKED HEATH IF HE HAD BEEN DRINKING AND HE SAID HE WASN'T. I FOUND A COpy OF THE PFA IN THE FILE AND IT STATES THAT HEATH IS TO HAVE NO CONTACT WITH ANGELA EITHER BY PHONE ON IN PERSON OR BY THIRD PERSON. I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED TO ANSWER THE CHARGE (S) I HAVE MADE IN THE ABOVE AFFIDAVIT. I SWEAR TO, OR AFFIRM, THE WITHIN AFFIDAVIT UPON MY KNOWLEDGE, INFORMATION AND BELIEF, AND SIGN IT ON , 20_ ' BEFORE WHOSE OFFICE IS THAT OF g~~FIANT SIGNATURE & SEAL OF DISTRICT JUSTICE rV- 6',reqt:r...... r/ 7119M~ - IpRINT 2 COPIES - DISTRICT JUSTICE 1 COpy - BUREAU OF POLICE '111 ~~ .~ ~, ~,~ " ANGELA LYNN GOODYEAR, : In the Court of Common Pleas of for herself and on behalf of her minor children: JACQUELINE LOUISE GOODYEAR, : CUMBERLAND County, CAITLIN MARIE GOODYEAR, and CURTIS LEE BARBOUR, : PENNSYLVANIA Plaintiffs : Civil Action - Law v. : No, 01-689 HEATH W. GOODYEAR, Defendant : Protection From Abuse FINAL ORDER OF COURT Defendant's Name is: HEATH W. GOODYEAR Defendant's Date of Birth is: November 28, 1968 Name(s) of All protected persons, including Plaintiff and minor children: 1. ANGELA LYNN GOODYEAR 2, JACQUELINE LOUISE GOODYEAR 3. CAITLIN MARIE GOODYEAR 4. CURTIS LEE BARBOUR AND NOW, this 21st Day of March, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Angela Lynn Goodyear, is represented by Joan Carey of Mid Penn Legal Services; Defendant, Heath W. Goodyear, is represented by Thomas S, DieW, Attorney at Law. Defendant, although agreeing to the tenns of this Order, does not admit the allegations made in the Petition. Plaintiff's 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. ~"._~.,~~.." ~ ". ,-. d,i:_', : 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, which is at an undisclosed location,and any residence which she may establish for herselffor the duration of this Order. Plaintiff's current place of employment listed below, or any other place where she may be employed for the duration ofthis Order: Select Medical Corporation 4716 Old Gettysburg Road Camp Hill, P A The child care facility for the parties' minor children wherever that may be. The school of Plaintiff's minor child, Curtis Lee Barbour: Mt. Holly Springs Elementary School no Mooreland Avenue Mt. Holly Springs, PA 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: I, JACQUELINE LOUISE GOODYEAR 2, CAITLIN MARIE GOODYEAR shall be as follows: . Primary physical custody of the minor childlren is awarded to the Plaintiff. . see the attached Custody Order. c"'~ L lI>. J.. b....;;,: il.J;ilfi~t"'" 5. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children, \, any and all firearms and/or weapons, specifically: 2, .22 caliber rifle 3, rifles and shotguns 4, handguns 5, bows and arrows 6. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. The Defendant has 30 days after expirations of this order to petition the Court for return of confiscated weapons. Defendant may, upon the expiration of this Order, request that the sheriffretum any firearms and/or weapons held pursuant to this Order. The sheriff shall detennine if Defendant is otherwise legally entitled to possess the firearms and/or weapons. If the Protection From Abuse Order has expired and Defendant is legally entitled to possess firearms and/or weapons, the sheriff shall present an Order to the Court authorizing that the firearms and/or weapons be returned to Defendant. Otherwise, the sheriff shall notify Defendant that he/she must file a petition with the Court seeking a return of the firearms and/or weapons, in which case the Court, upon petition, will schedule a hearing with notice to Plaintiff. 7. The following additional relief is granted as authorized by ~6108 of the Act: Plaintiff is awarded use and possession of the following personal property: located in the house and/or shed at 111 Yates Street, Mt. Holly Springs: Bicycle belonging to Plaintiff's son, Curtis Lee Barbour Plaintiff's lawn mower, gardening tools and supplies antique mirror in dining room Christmas decorations china which belonged to Plaintiff's great-grandmother Plaintiff's personal belongings Defendant is prohibited 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 the custody arrangements set out in the attached Custody Order regarding the parties' children. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property jointly "'-l , o "~-, - ~"~ " owned by the parties or any property owned solely by Plaintiff. The court costs and fees are waived. 8. BRADY INDICA TOR . The Plaintiff or protected person( s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. . Paragraph I of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person( s), . The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. 9. 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 MT. HOLLY SPRINGS POLICE DEPARTMENT LOWER ALLEN TOWNSHIP POLICE DEPARTMENT 10. THIS ORDER SUPERSEDES: L ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 11. All provisions of this order shall expire on: September 21, 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 ~I,QQP f\M:l/qll-1\ f-"W-mmNCE OF UP TO SIX MqNTHS,' 23 PA.C.S, ~9114. VJ91--1TJQij ,rM:-.SQ S~WCT YOU TO PRqSEj::UTIQl'f,t\ND CR,IMINM; ~RlIIAH ~ V~Rlljt '~13NNSYL VANIA CRIMES CODE. ' ,'T r T' , THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT i-~i,;:'-",~ ~l " , =.0,.. ~, llrijJl'!"'1r,~' .' ... OF COLUMBIA, TRIBAL LANDS, V,S, TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 US.C. 92265, IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 V.S,C 992261- 2262, IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 US,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 6 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 Sheriff's Department shall maintain possession of the weapons until further order of this Court, When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing, , ~ /;/aoCu:LA:fc-r:~ ?1., /-, ~Gu9dyear, Defenda ' ( LjM~ "-Thomas S, Diehl, Attorney for Defendant ~ ,:Joan Carey, Attorney for P ntiff -,~,'~ I.. ,,",,/-. ~-.......,~~-~ ANGELA LYNN GOODYEAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs, : NO, 01-689 CIVIL TERM HEATH W. GOODYEAR, Defendant : PROTECTION FROM ABUSE ~STODYORDER AND NOW, thi~ day of March, 2001, the following Order is entered by consent of the parties with regard to custody ofthe parties' children, Jacqueline Louise Goodyear and Caitlin Marie Goodyear, DOB: August 8,1999, I. Plaintiff, hereinafter referred to as the mother, and Defendant, 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's contact with the children shall commence with supervised visits and gradually expand to periods of partial custody as follows: a) For a period of one month (from March 20,2001, until April I7, 200I), the father shall have supervised visits with the parties' minor children at the home of the paternal grandmother, Linda Goodyear, supervised by her, on Tuesdays and Thursdays each week from 5:45 p,m. until 8:00 p,m" and the father's sister, Heidi Shover, shall supervise his visits with the children at her home two weekend days during the month (Sunday, March 25,200 I, and AprilS, 200I) from 10:30 a,m. until 2:00 p,m. b) In the second month, from April 18, 200 I, until May I2, 200 I, the father shall have periods of partial custody with the children at his residence ,~ , . . each Saturday from noon until 3:00 p,m, and one weekday evening each week as agreed upon by the parties from 5:45 p,m, until 8:00 p.m, c) In the third and fourth months, from May 26,2001, until July 8, 2001, the father shall have periods of partial custody with the children at his residence Saturday and Sunday on alternating weekends (May 26-27, June 9-10, June 23-24, and July 7- 8,2001) from 10:00 a,m, until 6:00 p,m. and one weekday evening each week agreed upon by the parties from 5:45 p.rn, until 8:00 p,rn. d) In the fourth and fifth months, from July 21, 2001, until August 17,2001, the father shall have' periods of partial custody with the children at his residence on alternating weekends from Saturday at 10:00 a,m. untilSunday at 6:00 p.m. (July 21- 22, August 4-5, August 18-19, September 1-2, 2001) and one weekday evening each week agreed upon by the parties from 5:45 p.m. until 8:00 p.m, e) Beginning the sixth month, as of September 14, 2001, and thereafter, the father shall have periods of partial custody with the children at his residence rr,'d4.j (0 r''^ on alternating weekends from Sa;2day af 1 ~ a,m, until Sunday at 6:00 p.m. and one weekday evening each week agreed upon by the parties from 5:45 p.m. until 8:00 p,m. f) The father may have periods of partial custody with the children on dates and at times mutually agreed upon by the parties, 4. Transfer of custody shall take place at the home of Heidi Shover, the father's sister unless otherwise mutually agreed upon by the parties, 5, The father agrees not to use any alcohol and/orillegal drugs prior to commencing this custody schedule and thereafter. The father, through his attomey, agrees to provide to MidPenn Legal Services the name of his counselor and/or the name pfthe drug and alcohol treatment program --_. ," '~ ~ ~'~,"'!l~ . in which he is enrolled for treatment, confirm his attendance at the program and/or his counseling appointments, and any other recommendations for treatment of his drug and alcohol or mental health issues, The father understands that the progression of the foregoing custody schedule is contingent on his compliance with his drug and alcohol treatment and his sobriety, 6, 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, 7. The mother and father agree that each shall notifY the other immediately of medical emergencies which arise while the children are in that parentis care. 8, 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 is entered pursuant to the consent of Plaintiff and Defendant: L./;;( AI~~ Angela Lynn Goodyear,Plaintiff k !I~4 tzi ~Ot<" ~/t=- H/OOd~e3r' ~efendant ( 014/' "'-TtiOmas S. Diehl, Attorney for Defendant 1 West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 (717) 240-0833 I ) 3-J(.{j/ t' Q5 t/l a I e{1 Cef oan Carey, Attorney Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~ _ . ,.,,'J __ , l,<'" " ,J, .--. ~ ' ~-\t...-\1-. 6~'1or _. '~ POr c..t..., t SEN'lENCE : -&l (~R") cr.PM.# ::; , JUDGE: f NuJv,~ 'lIlf'-lY>,~ r ~ e:i t-etH'l,,~ 01" H- -? tfI.~ ~;\;oc I J-gaf-"" > . ~ Ot""'...._t~~ \-0 list k.11"l..... Joo ~r~'" 61iM A ~:'-' =......~-=, ~.,~ lil~~" -~ C'iRl:8t~J~~~r1t- ,- OTN --.,. ." - "' ,,-., ~OMMONWEAL TH VS, (DefendlJnI Name and Address) HBath W. Goodyear 111 Yates Street Mt. Holly Springs PA 17065 il ROR (no surety) 0 Nominal Bail CJ Baii (total amount set, if any) $ o Conditions of Release (aside from appearing at court when required:) Deft. to have no further contact with Angela Lynn Goodyear and to coordinate visits with children through his Mother Linda Goodyear. (attach addendum, if necessary) ECURITY OR SURETY (IF ANY) CJ Surety Company LJ Professional Bondsman CJ Realty :J Other JDGE OR ISSUING AUTHORITY George E. Hoffer, PiJ. APPEARANCE OR BAIL BOND THIS BOND IS VA~ID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FtLED IN THE SUPREME COURT OF THE UNITE'1 STATES. "='...~.-" .1 - ~J__~ ~, > .~-,.--~'....~" ... uj,~l'l~ >1",~,L1L.t.,V!"9t.J)lU. __ _r.,(J.~Sl. C.P,_TERM&NO. 01-689 CHARGE{S)' DATE OF CHARGE(S) Indirect Criminal Charlges on PFA Contempt Order NEXT COURT ACTION DATEANDTIME 2:30 P.M.. on LOCATION Court roan NO. Tuesda 5 22 01 Courthouse Carlisle TO: [Xl Detention Center 0 Other 3 PA I hereby certify that sufficient bail has been entered o By the defendant o On behalf of the defendant by: (Name & Address of Surely) (License No.) . Refund of cash bail will be made within 20 days after final disposition. (Pa.R.Cr.P. 4015(b)) . Refund of all other types of ball will be made promptly after 20 days following final disposition. (Pa.R.Cr.P. 4015(a)) . Bring Cash Bail Receipt to Clerk of Court. DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED, Given under my hand and the Official Seal of this Court, this ~_1 ( , (SEAL) WE, THE UNDERSIGNED, defendant and surety, our successors, heirs and assigns, are jointly and sever Commonwealth of Pennsylvania the sum of dollars ($ SEE REVERSE SIDE FOR BAIL CONDITIONS ;ERTlFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation) ,Principal, and ere by certify that the amount paid by said Principal to said Surety for bail in the above-matter is $ nd that no further sum or stJms is to be paid therefore by the said Principal or anyone on his behalf. We further rertify that said Principal has given to said Surely counter indemnity consisting 01 ! Ihe value 01 $ stollows: , Surety, and no further counter indemnity is to be given the said Surety except We further certify that there are no judgments against the said corporate surely outstanding and unpaid for a period of more than thirty days from the date of the entry 01 sucn Idgment except those in which a petition to open or vacate the judgment has been filed and remains undisposed of: iated: ,19 MUST BE SIGNED IN PERSON BY THE APPROVED AGENT I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL The fa/lowing acknowledgement is a/so applicable if Percentage Cash Bail is used. I THIS Ij!qj'JD SIGNED ON I O-(-~L at ~{jr-(IJL.< " ~~L>I PE SYLVANIA. Signed and acknowledged before me thiS 'Qt-h d yol Mny (cjfrkof In a "of corporate surety bail, Power of tomey must be affixed to bond or otherwise bond is invalid. (SEAL) (Principal) (SEAL) (SEAL) (SEAL) Signature of Surety (May 'be Bondsman, Bail Agency, or private individual or organization). Except when defendant is released on his own recognizance (ROR), this must be signed in alt bail situations, including nominal bail. ADDRESS OF SURETY SURETY COMPANY OR DEFENDANT SurelY No or Professional Bondsman License No_ & Expiration Dare ORIGINAL . In case of Percentage Cash Bail or Nominal Bail, Power of Attorney is not required. AQPC ~i4.&C ~~i;::M~~~~;Mci;_,tiif!li:'~,_ .,: "~-,~"'_-"'~1's~bi:,Hhi~.;i'h,iilhi",,,<,",,,-"h;"',' ,d,,".' ~ '-'d:H,-.ti'_,"Ht,iii,ijijlf~~j~!J:i!I!;,'!ii.,jlfsfr";f,,,,~'~,.,mJi!i,,",~~il~~!~ - ~ ~j-h"M. . ,', '.. ,.',,' ..'.. L', "",. ",--7- '.- " ,:-~-'r!l'\~""!!;If"~ ", ,..."',,..',',',- ..,~...:7~ .m~Kp~~fr~~~M~O\~~.iifSi~~[~M}rt~; ~~~1~~rn:~~u~sCoj;J3~ryISi~~~~ktMi~fii~t~~w:f~ul~~iq'i~fb of -- - , Penn$ylvania, at all times-as his - And-further, in accordance with law, we do herepy 'empb...y,sf-any-atfpr;'neY,9f presence may be required, ordered or directed, until full and final disposition any court of -record within the Commonwealth of Pennsylvania or elsewhere of the case, to plead, to answer and defend as ordered the a-foreMid charge to appear fO,r us at any time, and with or withouf ,o_eclaratibns filed: artJ or charges. whether or not the said obligation be in default,to confess judgment again!t (2) Submit himself to all orders and processes of the issuing authority or us, and in fa,\!or of the Commonwealth of Pennsylvania for use of the aforesaid Court. County and Its assigns; as of-any term or session of a court:of record"of the (3) The DEFENDANT and SURETY must give written notice to the issuing aforesaid County for the above sum and costs, with relea~,? of all er~ors, authority, Clerk of Courts, the District Attorney AND Courl Bail Agency. without stay ,of execution, and. inquisition on and exteJlsi,on uppn-any 'levy or , ' , real estate is-hereby wpived, 8Qd condemnation agreed t9, and the,exemption . .' ,of:any change In hIS address of personal property from levy a'nd sale on any execution he-reon is also within forty-e~ght hours of ,t~e date.of hiS change of ad?ress. .' hereby expressly waived, and no benefit of exemption is claimed under and by (4) Co~piy with any specific requlrE;.ment of relea~~ Impos~d by the ,ISSUing virtue of any exemption law now in force or which may be passed hereafter. aulhofJly or Court, such as a satisfactory particIpation In a deSignated program. And for so. do[r:g t~[s s~arr b~ sU,ffiCienl warrant. A copy of !his bone! <:ind (5) Obey such other conditions as the Court or Cowt Bail Agency with leave warrant beln,gflled In said action, It shall not be necessary to file the anginal of issuing authority or Court. I})ay impose. as a, warran.t of attorney, any law or rule of the Court to the contrary. If defendant performs the conditions as set forth herein, then this bond is 10 notwithstanding. ....,.............00........ JUSTIFICATION OF SURETY OTHER THAN CASH BAIL (Questions 3, 4, 5, 7, 8 and 9 are applicable only when real estate is'posted as security.) (Cash Bail justification shown on reverse.) The undersigned about to become Surety in the case ctt,ed h.e(ein, _being duly sworn (or affirmed) deposes and says: 1. I reside at my phone No. IS and my occupation is and I work for 2 I have no undisposed of criminal cases against me pendfng'-in the Courts of County, except as follows: 3, o (I am/We are) the soie own~r(s) of } o (i am/We are) joint tenant(s) in o (I am/We are) tenant(s) by the entirety in in the said County of real estate situated ,as follows, viz.: a parcel of ground, in size inthe_Ward,inthe 0 Boro, 0 Twp, 0 Cityol , situated at which is improved with the following buildings (All other joint tenants or tenants by the entirety must co-sign this bond and state their addresses at the bottom of this page or on an attachment hereto.) 4. The said property was obtained by me by D Deed 0 Will from 5 The 0 Deed 0 Will is dated of County, 0 Deed 0 and is recorded in the office of the 0 Recorder of Deeds WiHBookVor,_Page_,andtheti!!eisin 0 my name , situated at o Register of Wills o and my spouse's in the . The said property was obtained by me by 0 Deed Will is dated and is recorded in County, and is in C my name 0 and my spouse's name name. Also a parcel of ground, in size Ward, In the 0 Boro, 0 Twp 0 City oi o Will irom o Deed 0 Will Book Vol, _Page_of 6. I am not Surety on any bond of any kind except as follows: DATE , The 0 Deed 0 AMOUNT OEFENDANT 7. There are no mortgages, or ather liens or encumbrances of any kind or description, upon the said premises, and there are no judgments against me except as follows' Mortgages as set forth in the Recorder of Deeds on first property Mortgages as set forth in the Recorder of Deeds on second property Judgments and Liens Real estate taxes have been paid except: 8 The assessed valuation of said premises is 9 No judgment has been entered or action instituted against me upon a forfeited recognizance except 10 I have read carefully the foregoing affidavit and know that it is true and correct SEAL Principal Sworn (affirmed) and subscribed before me this SEAL Surely dayaf 19 SEAL Co. surety, dany, co.folm tenant or co-tenanl by the emlrely (Clerk of Courl or ISSuing Authorily) SEAL , ~ _~ ,. L ~- , ~" """'i "", , , ANGELA LYNN GOODYEAR, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-689 CIVIL TERM HEATH W. GOODYEAR, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, May 10, 2001, the defendant having been brought to court for the fixing of bail on the petition alleging him to be in contempt of our PFA order for making an alleged telephone call to his wife at her employment, we fix bail that the defendant may be released on his own recognizance, and he is directed to appear for hearing on this matter on May 22, 2001, 2:30 p.m., Courtroom Number 3, which is a Tuesday. In the meantime, the defendant is directed to use his mother, Linda L. Goodyear, as the liaison with the plaintiff to make all custody arrangements for pick up and re-delivery. By the Court, .J. Jonathan R. Birbeck, Esquire Chief Deputy District Attorney . . IJ !J~_II-OI William G. Braught, Esquire ~ ~ . Assistant Public Defender ~ Sheriff) " CCP ,J :mtf ~p.,..~ - <b.,\\'1e.I"eGt s-ln ~: 1 I: Ii I Ii II II ." '~~4. ""~,_~ -,~ ,.~ ~ -,. 1~1_. 'Y"A , _ , _~ _'N V'. ,_~, I~"" ~ -~ " "~-~" = .0' -..:I,::\('E n\\p!\--\....i. \ II.,! --I'D\! n\.--::~,:\\~1~_\,_\8 \ r\n \ Or () \ ~1\~'1 \ \ ~l'\ \0: ':)'2. . ,_ ',~' ("'.(""\\JNT't '~'-'-r" '.,i"',, ' ~~'~-' CIJNib~;;\'-:;,i~\li\~I\I\ PtH~V ,. ' -ii\\l1_!@tII~_ ,~~~~._lt.~m~,..--;]J.;.i-,;~!lWili~lif~_l'l~'""""_"'~.-"..",.,_c:>~,:t,'\~1I'-"!!-~~~JQ~_~!mI .y~ " " _..;.1 I " ~1 -.,'-- :'.' ." '. ,_,i,e,_,___ :'L.-...' " , '.-'1' ANGELA LYNN GOODYEAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATH W. GOODYEAR, Defendant PROTECTION FROM ABUSE 2001-00689 CIVIL TERM IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 22nd day of May, 2001, after hearing and consideration of the testimony presented, we do find the defendant did violate our order by calling the plaintiff at her place of employment on April 27, 2001, in clear violation of our prohibition not to call her employment. By the Court, Jonathan R. Birbeck, Esquire Chief Deputy District Attorney \,/""/ William G. Braught, Esquire Assistant Public Defender Probation Sheriff pcb Vd ~ - I I I I I il I 'I i !l 1 l1 :1 1 .",~ - ,...., I ,- ~ -'~ . , ^ .... tC1.. t:I, En Itl".: : t:\ 11L'j [J CLii,t,[:,x-..::.;! i,",\;i~' (_,~i,_}'",!;-'{IY "";::;::: \'j;,r:':I'\"\I'ii' l-'e.!\:1 '101 _-,1;--\ .). "ll! ~~..eMl__l! > _,AI"~~~"SI1"~'(,:!'l'~~<j''!i\o/I!~~~ffllf!1l'll~~Il\$l1lW\'...rlfif~~~ ANGELA LYNN GOODYEAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATH W. GOODYEAR, Defendant PROTECTION FROM ABUSE 2001-00689 CIVIL TERM IN RE: SENTENCE (INDIRECT CRIMINAL CONTEMPT) ORDER OF COURT AND NOW, this 22nd day of May, 2001, the sentence of the Court is that the defendant shall be placed on probation for a period of 3 months on condition that he pay any costs associated with the filing of this petition and that he pay the sum of $50.00 to the use of the County of Cumberland. By the Court, ~.-''' Jonathan R. Birbeck, Esquire Chief Deputy District Attorney William G. Braught, Esquire Assistant Public Defender Probation Sheriff pcb b ie' .~ ~. e. . -I:' -,' \~';,'. ~,0 ,,-.' co ~".;\.,-{ LJ ~ " ,-'\;,\M\:{ r\ \~, I:"~ ~;,;:\"~l;;:~~>< i\~{~',{.f~\ .' ,,,'J\"'-\'c:'~"'v\'-" "'0 ,\'\, .... I 1!I~ltilWl'lIl!l/l!~mlll1i.i"f!#Jf~~,M!t'-1'!;'-W~J7 ""V "- ~ ,- .,~ ~~~Il'I$~~~~}~m-I.!lWl~,~ _,m! ,4\<;j"""'"'---~ ~__ I JOl.'~ . -. - -, "c ok' CERTIFICATICN OF PFA <XNl'EMPI' CASE NUMBER 01-689 CIVIL NAME HEATH W. GOODYEAR VICTIM'S NAME: 111 YATES STREET ANGELA LYNN GOODYEAR MT HOLLY SPRINGS PA 17007 BALANCE DUE: S 13 8 . 72 ADD DELETE S S S S $ 33.22 $ $ 15.00 S S 15.00 S $ 55.50 $ 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME PROTHONTOARY ADDRESS CITY STATE ZIP NAME CUMBERLAND COUNTY $ 50.00 $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP ,""'"OOOTA" omeR ~ J 4 < PERSON CERTIFYING INFORMATION ~, lU\~ DAT 7- d..f - 61 . c:xYo' ,",4_''''~~ - .' "~ ...1 ~~-~ioli~" '" ,- . . Angela Lynn Goodyear for herself and on behalf of her minor children Jacqueline Louise Goodyear, Catilin Marie Goodyear, and Curtis Lee Barbour, PLANTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CASE # 01-689 CIVIL TERM Heath W, Goodyear DEFENDANT ITEM: 30106 Springfield 1903 #1084314 30106 Springfield 1903 #1163542 22 Cal. Stevens 89 #C470034 22 Cal. Ranger M36 Browwning Compound Bow wlArrows ~ ~n AND NOW, this ~ ~ day of ~, 2003, upon petition of the Sheriff, the following Order is entered: The Sheriff of Cumberland County having sent notice to reclaim the seized weapon(s) to the above-named defendant via regular mail to the last known address, and the defendant not having responded to the notice by asserting a claim, the Sheriff of Cumberland County is directed to destroy the listed weapon(s) in accordance with law. The Sheriff shall make the appropriate arrangements for the destruction of any ammunition. By the Court, R. Thomas Kline, Sheriff Cumberland County Sheriff's Department ,,-~":,,"-~.:C--- - ~=~-,_.._-=---==---- ___-----'--..".,_,_,.--==c::...~-.-- --,~-~=,...,-~- FllED-OfRCE OF lHE P~~OTHONOTARY 03 JUN 24 AM 9: 21 CUMBERLPND COUNTY PENNSYLVANIA ~ . ~ . ':'il ~ ~ ,~ .j; ':;j ,1 ~ " ~ i I ~ ,~ ,do...'''''''.'''''"''" I "~ - ~' ,~.1 - ~,~ ~'~"'''''1~, . Angela Lynn Goodyear for herself and on behalf of her minor children Jacqueline Louise Goodyear, Caitlin Marie Goodyear, and Curtis Lee Barbour, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-689 CIVIL TERM Heath W. Goodyear, Defendant ITEM: 30106 Springfield 1903 #1084314 30106 Springfield 1903 #1163542 22 Cal. Stevens 89 #C470034 22 Cal. Ranger M36 Browning Compound Bow wlArrows PETITION TO DESTROY UNCLAIMED WEAPONS(S) AND NOW, comes R. Thomas Kline, the Sheriff of Cumberland County, by and through his Solicitor, Edward L. Schorpp, Esq., and petitions Your Honorable Court to order the destruction of the above described weapons in his possession upon the following: 1. The Cumberland County Sheriff's Office currently has possession of the above described weapons, having seized the same from the Defendant on February 2, 2001. 2. The weapons were seized pursuant to an Order of Your Honorable Court dated February 2, 2001, and entered at the above docket number. 3. The Order was issued in proceedings instituted by the Plaintiff for protection from abuse. 4. Pursuant to said Order, the period of seizure expired on August 2, 2002. 5. On May 22, 2003, the Cumberland County Sheriff's Office caused notice to be sent, via regular mail and certified mail, to the Defendant at his last known address, advising the defendant that the above described weapons must be reclaimed by "j~ ~ ~~-- l.-. .~ T'e " . , .. the defendant, in person, within 30 days, at which time the Sheriff's Office would petition Your Honorable Court for an Order for destruction of the weapons; a copy of said notice is attached hereto as Exhibit "A". 6. The Defendant has failed to reclaim the weapons. WHEREFORE, your petitioner respectfully requests Your Honorable Court to enter an Order directing the destruction of the above described weapons. Very respectfully submitted, ~~~~~, Edward SChorpp Solicitor 10 East High Street Carlisle, PA 17013 (717) 243-3341 ~--~~ ~, I " . VERIFICATION I, Barry J. Horn, verify that the statements made in the within Petition are true and correct to the best ofrily knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Dated:b /'&4/03 By: Barry J. om, geant Cumberland County Sheriff's Office "- - -:"~n