Loading...
HomeMy WebLinkAbout01-06896 . . SAID IS SHUFF, FLOWER & LINDSAY ., W'I"T'OKNEYS.A.T!LAW 26 W. High Street Carlisle. P-A . DEFENDANT'S I , EX7'BIT ~IJJ 'dlo 'IV!: BRINTON E. FOX, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAW NO. 02-130 CIVIL TERM MELISSA A.. FOX, DEFENDANT PROTECTION FROM ABUSE J.J. A.;' A.J. J.U. J.J. J. J.. 1.1. J. J. J. J. J.J. J.*******J. A. J.J.1. J. J. 1.*****************1.. J. J. J. J.,J. J. J. J.*s. J. J. J. J. J. J. J. J. J. So J. J.). J. .LL.....l. J. J. J. J. J. J. ******* MELISSA A. FOX, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYJ PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAW NO. 01-6896 CIVIL TERM BRINTON E. FOX, DEFENDANT PROTECTION FROM ABUSE STIPULA TION OF THE PARTIES 1. The parties hereto are husband and wife, having been joined in marriage on December 1, 1992. 2. The parties are parents of two children, Allyson O. Fox, bom June 1, 1990, and Shane B, Fox, born March 16, 1992. 3. Melissa A. Fox has fried a Petition for Protection from Abuse in the Court of Common Pleas_of Cumberland County, Pennsylvania, docketed to No. 01-6898. Brinton E. Fox has fried a Petition for Protection from Abuse in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 02-130. Additionally, Husband has fried a Petition for Custody in the Court of. Common Pleas of Cumberland County, Pennsylvania to No. 01-7192, which Petition is scheduled for a conciliation conference on Januai{30,20D2. 4. The parties agree to the following Order: ", WI fIt'!,', :' W SAIDIS SHUFF, FLOWER & LINDSAY ~ }:,:.C-m1ftNE~AT<I{.AW 26 W, High Street Carlisle. PA G "T"~"*,*,,,i1lA!liI!, " A. Brinton E. Fox, whose current address is 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324, is enjoined from physically abusing Melissa A. Fox or placing her in fear of abuse, and from harassing her or coming to her home at 388 Oxford Road, Gardners, Cumberland County, Pennsylvania 17324, or from having any contact with her with the sole exception of the ability to contact her with regard to matters involving their minor children and to coming to pick up or to deliver the children at her home. B. Melissa A Fox, whose current address is 388 Oxford Road, Gardners, Cumberland County, Pennsylvania 17324, is enjoined from physically abusing Brinton E. Fox or placing him in fear of abuse, and from harassing him or coming to his home at 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324, or from having any contact with his with the sole exception of the ability to contact him with regard to matters involving their minor children and to coming to pick up or to deliver the children at his home. C. Pending further Order of Court, Brinton E. Fox shall have primary physical custody of Shane B. Fox and Melissa A. Fox shall have primary physical custody of Allyson O. Fox. The parties shall share legal custody the their children. ~, - <~, ~ SAIDIS '. SHUFF, FLOWER & :LINDSAY , , ". ATI'ORNBYS-AT.LAW 26 W. High SIr..t carlisle, P A c Ji,~~~,~ ", ~,< II D. Husband and Wife shall altemate physical custody of the children so that the children spend every weekend together at the residence of one or the other parent from Friday at a time to be determined by the parties until Sunday at 6:00 p.m. For periods of altemating weekend custody, neither party shall be in residence with a member of the opposite set not related to him or her. The parties may exchange other periods of physical custody one with the other as they shall agree. E. The exchange of custody of the children shall take place with the "receiving parent" providing transportation so that the parties have no contact with each other. The parties will remain in their vehicles at pick up or drop off, remain parked on the roadway or at the end of the driveway while the children walk to the other parent's residence. F For the duration of this Order, Husband shall have exclusive possession of the property at 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324. G. The parties intend that the terms of their Agreement shall be entered as a Court Order. H. The Court Order anticipated by this Agreement shall remain in effect for eighteen (18) months from the date thereof, or until modification by Order of Court. ,p, ~ iG~'?- ~ SAIDIS SHUFF, FLOWER & LINDSAY AlTORNEVS.AT-tAW 2.6 W. High Street Carlisle, P A ~' ',~, -- 'j -",--."" :<o~;o;"_J!__),,, " I. This Order shall be enforced by the Pennsylvania State Police or any police department in the jurisdiction of which a violation takes place. ~/?/;'" ~ c<: 4w Brinton E. Fox Date: i 13Q/02 I / Jk,r--~ ,#4. ~~ Me.Li 55i;. A Melissa A. Fox Date: 1-:b-D2.. .,,.~.="""'" 1,,-" , . - l'"' ,.~ BRINTON E. FOX, Plaintiff V MELISSA A. FOX, Defendant MELISSA A. FOX, Plaintiff V BRINTON E. FOX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-0130 CIVIL TERM PROTECTION FROM ABUSE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :~VIL ACTION - LAW ~ NO. 01-6896 CIVIL TERM PROTECTION FROM ABUSE IN RE: PETITION FOR INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 6th day of February, 2002, on agreement, action on the cross motions for contempt filed in the above-captioned matters is deferred. Both of the temporary protective orders entered in the above cases are modified to permit the parties to have contact with regard to matters involving their minor children and for the purpose of coming to pick up or to deliver the children at their respective homes. The exchange of custody of the children shall take place with the receiving parent providing transportation. The parties will remain in their vehicle that pick up or drop off and remain parked on the roadway or at the end of the driveway while the children walk to the other parent's residence. By the Court, Jonathan Birbeck, Esquire , Assistant District Attorney . ~ Rebecca Hughes, Esquire ~I" ~~. William Braught, ESquire~ .ft1 Assistant Public Defender ~ ~ -t., For Brinton E. Fox Probation :bg - A-d. Hess, J, r(. I~L --~Vf_.ll:,,:-~n:~,l!1l_ ~~I~~nL__o < _.,!l", ^~I~~ " J[ "W^ PIRfl _ ~>>i'A~4ii;iji!i~wj,w.t..;'~~~!~;;.~,;i;1'h,ha5{;1,-;''!c-r'~)l<:)_'''f%;;U''''_'L\e /18 5:":/ ~ :,,',E\," ;o-JW:~.I_L,""~+..",,,,_," _ _"~ ~_~.'_"^''''_''''' _,,,,~,,,,,,,_,,,,_,,,,,_,,,, "' "--';'T-A.",,4,*"i'T_";;1.,",:,~~gf!;~~~~~'~-""~Uilf-"""..-~'-. -~~,~. .;-- 'I, r "J F'-"" "} (', ""',- !.J_ __1._ . I? ;:;-1 '1:-.,' ...} .' CU"iT" 'I', ''''''Jl'' 1\.&:;:::hLi\\I__' GLHJI' 1 I PFN'f\IC!\l1 \1.(\ ',"'IA _. ,vIL.J.\ '\l, ",,-- ,," ,,'^ , '.=~ ~MW.fi1 - ~"- "~ "~~ - "'"" - "' MELISSA A. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 01-6896 CIVIL TERM BRINTON E. FOX, Defendant : CHARGE: INDIRECT CRIMINAL C,ONTEMPT ORDER OF COURT AND NOW, this ()fday of OCTOBER, 2002, the hearing in the above- captioned case previously scheduled by District Justice Paula P. Correal., for Tuesday, October 29, at 9:00 AM in Courtroom #4 is scheduled before the Court on thJ J~ of N OV~ , 2002 at f f.xJo'clock l1.m. in Courtroom # i. The defendant, BRINTON E. FOX, is ordered to appear for trial on the charge ofrndirect Criminal Contempt before the Court on that date. By the Court, (c;{ ~JlI II^-- a. v~ Kevin A. Hess J. Jonathan R. Birbeck, Chief Deputy District Attorney BRINTON E. FOX TRUE COPY FROM RECORD tn Tes&Imony wnereof. I berIJunto set my haoo and the ~l of saki ~ CarlIsle. PI. fh,is.2f (7~ ~';_' ,;; .~ . j '.L " ~ /-.--. . ProthonoIa" , ;,,~.. , ,-_."~~~..-,,-,.,, 'I ' ~- , - ~ ,- -~-~ ~ . MELISSA A. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, v. : 01-6896 CIVIL TERM BRINTON E. FOX, 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 of this Order is averred in the attached criminal complaint. 3. The District Attorney's Office has reviewed this criminal complaint and requests the filing of an Indirect Criminal Contempt Charge. 4. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. ~ 6114. 5. 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. ~ 6114. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, ~W~ fo-r Jonathan R. Birbeck Chief Deputy District Attorney .'~fJlJ(\\!~ _ '~~,~~. . . ~ r ~ "r ~ ill ~l~ ~~~-_.~_!~ ~ POLICE cRIMlNAL COMPLAINT " COft:MONWEALTH OF PENNSYLVANIA COUNTY OF: . C1mberland "'~isterial District NuriJer: 09-3-03 istrict Justice Nare:licn. Susan K. DAY '<i:lress: 229 Mill St. ro Box 167 Mt. Holly Springs, PA COMMONWEALTH OF PENNSYLVANIA VB. Tele(i1C1"e: (717) 486-7672 DEFENDANT: I Brinton E. Fax: 138 pine Grove Rd Gardners Pa 17324 717-486-8300 L NAME and ADDRESS I ~OC,ke,tNO': late Filed: TN: " , t's~thnfcity IKIll1it. 0 Asian 0 Black DHi~icD Native Am!rican 0 ~ ',IS A.K.A. ~ 's Sex Df<l1Ble IKI Male 01/30/1969 's VEhicle InfonmtiQl: Plate Nulber state Registratim Stictcer(l4VtY) IS 0.0.8. E'f'liI1tls Scx::ial security Nurber erxtntls SID 193-58-9724 f~'S Driverls Licime Nt.ntJer state aihtfln::ident NuriJer H02-1288645- '7Cf3 District Attorney's Office n Approved 0 Disapproved beeause: (The district a_ nay ""fIire~t lhe CCI1plaint, arrest _ affidavit, or both be ~ 17( lhe attorney for lhe CalIIa'H!allh prior to fit irs Pa.R.Cr.P. 107.) (Slptlre Of AttorT'E"( tor COIIn:f'Wealth) (Date) (Nare at Attorney tor Lallltl'"W!8tth - Please prmt or lwe) ][, 'Il;>r. William lee (Hale of Affhnt-Please Print or T)1le) of PA State Police (Identify Deparlne1t or ~ Represente:l1i"d Political 9blivisim) do hereby state:(check the appropriate box) 1. !Xl I accuse the above named defendant, who lives at the address set forth above o I accuse an defendant whose name is unknown to me but who is described as 7024 (Officer Badge 1Mber/I.D.) PAPSPlOOO (Pol ice ~ lRl Nulber) (Drig;rstirs ~ case Nu1ber(lX'A)) o 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 pena11aws of the Commonwealth of Pennsylvania at 14 Lal:ken Lane.. M:Junt Holly Springs BoJ:'Ollgh (Place-Political SIJxlivisicn) in Omberland Countyonorabout 10/20/02 aIJIJl( 1045hrs Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Brinton E. Fax: 2. The acts committed by the accused were: (Set forth a SU11lIllY of lhe facts sufficient to acMse lhe _a.~ of lhe rst1..re of lhe offEn;e charged. A citatim to the statue aUl!!Iedly violated withcut RDre, is rot sufficient. In 8 summy case, )OJ IJI.St cite the specific sectitn 8"d StJ:sectim Of the statute or ordir&'lC.'e allegedly Vlolated.) 23 Pa C.S. 6114 Indirect Criminal Contalpt-'Il:1e defendant did violate a protection fran ah1se 0J:Cer. No. 01-6896 dated IJecenDer 5. 2001 and signed by the Honorable Kevin Hess. In that on the above date and tine the defemant did place two te1epxne calls to Melissa FaK. One or irore did not specifically address their children which is in violation of the coort 0J:Cer. N:PC 41Z-(4196)(Interret Versim) 1-3 H?fllf1ii"",,!"""Il<, ,~, JJ7.[~ ~ , r' ,^ - ~ -~ T"~ ~ ~ -~~ ~ .(Cont~nuation of 2.) l~i'"d=<N=' EOn"" E. ~)Cket Number: Fax POLICE CRIMINAL COMPLAINT all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of AsseJJ;lbly, or in violation of 1. 6114 (a) of the 23 Pa.C.S. 1 (Section) (Sub-Section) (PA Statute) (counts) 2. of the (Secti on) (Sub-Section) (PA Statute) (counts) 3. of the (Section) (Sub-section) CPA Statute) (counts) 4. of the (Section) (Sub-Sect i on) CPA Statute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a wammt of arrest to issue, the attlwh...J 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. This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 P A. C.S. ~ 49~;;n:; ;s;: falsification to aU~:~Q1L ~ k ~ (SIgnature ot Att,ant) AND NOW, on this date , 19 , I certify the complaint has been properly completed and verified. Ail affidavit of probable cause must be completoo: in order for a warrant to issue. SEAL (MagIsterIal D1strlct) AOPC 4'2~(4/96)(tnternet Version) (ISsuIng Authority) 2-3 ;.,~ ~_' E~;!l,~~~!~)_ _~ ~_"~ !!!t~", ~I ~ - ,-' ,-, _L,~ "~~" ~ =_~ , . - I r;-,.,o..",,, N=; ~m · ~ocket Number: Fax . POLICE CRIMINAL COMPLAINT AFFIDAVIT of PROBABLE CAUSE 1. Your affiant is a rrernber of the Pennsylvania State Police and has been so enplayed for over 9 year. I am currently stationed in Carlisle. :2. On 10/20/02 I was assigned a PFA violation at 14 I.a:rken Lane, Mount Holly Sp~ l3oraugh., Om1berland County. 3. I spoke with rrelissa Fax who related that she received two phone calls fran the defendant. She detailed the calls to this officer. ,One of the phone calls addressed clothing for one of their children and a car the victim owns. '!he second call was specificallyabwt the car. 'Ihese non-child related calls would'I:Je in violation of the PFA Order. 4. A copy of the PFA is on file with the State Police. Court of Camon Pleas, a.mtlerland County, 01-6896 dated 12/05/01 and signed by the Honorclble Kevin Hess. 'The PFA states in part, that the defendant is enjoined fran calling or harassing the victim. 5. I request that a warrant less arrest be made on the defendant for the alleged violation per the order of the court. I, Tpr. William lee ,BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAYTHAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. , /j/v 4~6ant) Sworn to me and subscribed before me this day of ,19_. Date , District Justice My commission expires first Monday of January, SEAL AOPC 412-(4t96)(Internet Version) 3-3 ,*'iF.__;m_~,~~,,,"O ~ ,,,,,~ ,_, . iL I" o~"~-"'l ' " _..~ - \)Ee o~ MELISSA A. FOX, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ol.(,i~~ NO. CIVIL TERM' BRINTON E. FOX, Respondent PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW, this 5). day of December, 2001, upon presentation and considemtion of the within Petition, and upon fInding that Petitioner, MELISSA A. FOX, now residing in Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the - Respondent, BRINTON E. FOX, the following Temporary Order is entered: The Respondent, BRINTON E. FOX, of Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the Petitioner, MELISSA A. FOX, or placing her in fear of abuse and is ordered to stay away from any location where she may reside. The Respondent, BRINTON E. FOX, whose current address is 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324, is hereby enjoined from phYSically abusing the Petitioner, MELISSA A. FOX and their minor children, or placing them in fear of abuse and is ordered to stay away from any location where they may reside. The Respondent is enjoined from calling or harassing the Petitioner at her home or at her place of place of employment. The Respondent is prohibited from possessing and/or purchasing a fIrearm or other weapon. N_,--,l!l'!,._,. !1!}I,", _"~_"'__ t" ..v I , . - ,~. ~ ~Q-~-~ "_I!J!~_... _^,_,e,,_ ,~,_"'^_1 The Respondent is hereby notified that if he fails to follow this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. This Order shall remain in effect until a final order is entered in this case. A hearing shall tA 9'tflJ c,-- ' ' 11 be held on this matter on the 10 day of December, 2001, at~.m. in Courtroom No. ~ Cumberland County Courthouse, Carlisle, Pennsylvania The Cumberland County Sheriff's Office shall attempt to make service at the Petitioner's request. The Prothonotary's Office is not to attempt to make service by mail. The District Justice of Mt. Holly Springs and the State Police, Carlisle Station, will be provided with.a copy of this Order by attorneys for Petitioner. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whe.ther or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Respondent shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the Respondent shall be arraigned before the appropriate district justice. (23 PaC.S.A.~6113). BY THE COURT, ./l1i J. :""1 1" " ~ " , . %.,'c'J '_~'F r" ... " MELISSA A. FOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 01-6896 CIVIL BRINTON E. FOX, Defendant PROTECTION FROM ABUSE ORDER AND NOW, this ZI . day of December, 2001, hearing in the ab~ve matter set for December 27, 2001, is continued to Friday, January 18,2002, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. The temporary order dated December 5, 2001, to remain in full force and effect pending said hearing. BY THE COURT, Rebecca Hughes, Esquire For the Plaintiff ./14- A. Hess, J. ~~ ~~D\ 0')J Carol Lindsay, Esquire For the Defendant Brinton E. Fox 138 Pine Grove Road Gardners, PA 7324 :rlm -~ ." ~ - -'I':" "-I . ,~- ~ - -'-:.t'~;_. .--"-~ " MELISSA A. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v : 01-6896 CIVIL TERM BRINTON E. FOX, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this ,9..C?~ day of SEPTEMBER, 2002, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, BRINTON E. FOX, is directe~ appear for trial on the charge of Indirect Criminal Contempt before the Court on the3_ day of ~ 2002 at L3D- 0' clock t.m. in Courtroom # !1- of the Cumberland County Courthouse, Carlisle, Pennsylvania The 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. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, ifthe defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, l Sf teu;r-Jl -tfrWj Kevin A. Hess J Jonathan R. Birbeck, Chief Deputy District Attorney BRINTON A. FOX l'RUe COPY FROM'-AECORO '" T- W.......... I he ' nd -''''''7 ,,' ,....aut. ,re unto set '"' hand a the SA1Il of said Coul.cirl rhl"~ A ~ ,'t" I isle, .~;{ ../'. ~ ~,~--~ Ilroth""",,,,,, H." =___, ~...,.." ~ I" , fr- MELISSA A. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 01-6896 CIVIL TERM BRINTON E. FOX, 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 of this Order is averred in the attached criminal complaint. 3. The District Attorney's Office has reviewed this criminal complaint and requests the filing of an Indirect Criminal Contempt Charge. 4. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S 6114. 5. 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 6114. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, M\-J~4-t Jonathan R. Birbeck ChiefDeputy District Attorney '-"''';:lIi?Jj'V_. _ IJ~ , .~ ,~ , ,.- -~"" "" COMMONWEAL'I:H OF PENNSYLVANIA CQUNTY OF: Cumberland POLICE CRIMINAL COMPLAINT gisterial Di;:trict N.Jrrber: istrict Justi~e Name:Hon. COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: I BRIN'I'CN E. FOX 138 PINE GROVE ROAD GARDNERS, PA 17324 717-486-8300 NAME and ADDRESS 'I L -.J fendant's Ra.cejEthnicity 1KI White 0 A<3ian 0 Black o Hispanic 0 Native JIlrerican 0 Unknown ferrlant's A.K.A. (also known as) PETE endant's Sex ferrlant's D.G.B. o Ferrale IZl ""e ferdant's Vehicle Infomaticn: Plate Nunber state Registraticn Sticker (r-w'YY) fendant I s Social security Nunber fendant I s SID 01/30/1969 193-58-9724 236-09-16-9 LiveScan 'I'1:ackiI:9 Number errla'nt ' s Driver I s License Number State PA 22451350 Cb:1plaint/Inci.dent. Nunber 02-211 Cbde 200 Office of the Attorney for the Commonwealth 0 Approved 0 Disapproved because: ('!he attorney for the O::mronwealth rray require that the carplaint, arrest warrant affidavit, or ooth I:e awrovect by the attorney for the Ccmronwealth prior to filirJg. Pa.R.Cr.P. 507.) (N3.rre of httomey for O::mronwealth - Please Print or Type) (Signature of Attorney for O:mronwealth) (CI3.te) I, _ OFFICER TROY L. WISER (Narre of Affiant-please 1?rint or Type) of Mt . Hally Sorinqs Police Deot. (Identify DepartlTent or Agency Represented am Fblitical SUb::iivisionl do hereby state: (check the appropriate box) 1. IZl I accuse the above named defendant, who lives at the address set forth above D I accuse an defendant whose name is unknown to me but who is described as 28-2 (Officer Bad:3e N..tmber/I.D.) PA0211400 02-211 (IOlice ~ em N.miber) (OriginatinJ },gency Case N.Jmber (~ ) D I accuse the defendant whose name and popular desiguation or nickname is unknown to me and whom I have therefore desigruJted as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 14 LARKEN LAl'lE IN THE BOROIJ3H OF MI'. HOLLY SPRINGS (P1ace-kolitical Subdivisionl in OJmberland County on or about SEPI'EMBER 22. 2002 @ 1815 HOURS Participants were: (if there were participants, place their names here, repeating the name of the above defendant) BRIN'ION E. FOX 2. The acts committed by the accused were: 23 PA.C.S. 6114 INDIRECT CRIMINAL CXlNTEMPI' IN 'THAT, eN OR ABOUT SAID DATE, THE DEFENDANT DID VIOIATE A ORDER ISSUED UNDER THE PROI'ECI'IeN FRCM ABUSE Acr IN NO. 02-0130 CIVIL TERM, FEBRUARY 06, 2002, BY THE HONORABLE KEVIN A. HESS OF CUMBERlAND CDUNTY. THE DEFENDANT IS ORDERED 'lD REMAIN IN HIS VEHICLE WHEN PICKING UP OR DROPPING OFF HIS arILDREN. HE IS ALSO 'lD REMAIN PAAKED ON THE ROAI:W\Y OR AT THE END OF THE DRIVEWAY WHILE THE arILDREN WALK 'lD THE 0lliER PARENT'S RESIDENCE. ADK: 412A- (1/0l) {reprcrluction} 1-3 <<<jll:'I\"'"._"",:, ,~~ ,""" IT I"' ,"" '} ~~ ~1-'"~ ~""" ~~endantName: BRIN'IDN E. ECket Number: FDX POLICE CRIMINAL COMPLAINT 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 " 6114 (a) (1) of the TITLE 23 1 (Section) (Subsection) (PA St.atute) (counts) 2, of the (Section) (subsection} (PA Statute) (counts) 3, of the (Section) (Subsection) (PA Statute) (counts) 4, of the (Section) (Subsection) (PA Statute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant 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 authori1;y.) 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. This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 P A. C.S. ~ 4904) relating to unsworn falsification to authorities. (Magisterial District) AOPC 412- (4!96B) (reproduction) S6jJr. Z.3 ,2tXlz... frtlVl d f W~ , {cSignature of Afhant) AND NOW, ont!lls date J~/,,~ z,:a , z..o'2 I certify the complaint has been properly completed and verified. An affidaVl of probable cause must be completed in order for a warrant to issue. ro4J. -3 rrv;;=<-O '"tharity) SEAL "'4'#~t(!;l!f..~. "" ,"""'~ _ ,,_,~~ ....,. , '1'\- "', ~ ~ ,,- ~ . ~mdantName: BRINI:'CN E. [Eket Number: FOX POLICE CRIMINAL COMPLAINT AFFIDAVIT of PROBABLE CAUSE Carp. lIne. No. 02-211 ON SEPI'EMBER 22, 2002 ABOUT 1815 HOURS BRINION E. FOX WENT 'IO 14 IARKEN LANE IN THE BOROU3H OF MJUNI' HOLLY SPRm::;s 'IO DROP HIS CHILDREN OFF. rox HAS A CX)URT ORDER SIGNED BY THE HONORABLE KEVIN A. HESS ON FEBRUARY 6, 2002, CIVIL AcrION - lAW NO. 02-0130 CIVIL TERM PROIECITON FRCM ABUSE, THAT SAYS HE MUST REMAIN IN HIS VEHICLE WHEN DROPPING OFF HIS CHILDREN AT MELISSA FOX'S RESIDENCE. BRINIDN FOX EXITED HIS VEHICLE AND WALKED OVER 'IO THE FRONT ;5 AND THREW A BAG OF CWl'HES AT THE FRONT IXDR AND BEGIN 'IO YELL AT MELISSA FOX. Q 11 H' 'f\:a ,JIULE ON 'lljg FROFIJK'fY Xi 11 Il"RI'<EN I.l'1 ~~:; ~ ~'A ,~ ~I~~ I, OFFICER TROY L. WISER , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT TIlE FACTS SET FORTH IN TIlE FOREGOlNG AFFIDAVIT ARE TRUE AND CORRECT TO TIlE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. fTW>? dl fWJL' .J (Signature of A;fiantl Sworn to me and subscribed before me this Z 3..... day of ~;-~ Date 'll~o~ '-' ;J'vtJr. , JlistFiet J.1iJIi~,..:~ My commission expires first M SEAL AOPC 412C-(11/24/99J (reproduction) 3-3 "-W'~l+~": I, ,_ _,~ _ ._~,. -~'-r i'- ,-" , "' , ~~, DEe oW-- MELISSA A. FOX, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW o/.d'1f,. , NO. CIVIL TERM BRINTON E. FOX, Respondent PROTECTION ~OM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW, this 5~ day of December, 2001, upon presentation and consideration of the within Petition, and upon finding that Petitioner, MELISSA A. FOX, now residing in Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the Respondent, BRINTON E. FOX, the following Temporary Order is entered: The Respondent, BRINTON E. FOX, of Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the Petitioner, MELISSA A. FOX, or placing her in fear of abuse and is ordered to stay away from any location where she may reside. The Respondent, BRINTON E. FOX, whose current address is 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324, is hereby enjoined from physically abusing the Petitioner, MELISSA A. FOX and their minor children, or placing them in fear of abuse and is ordered to stay away from any location where they may reside. The Respondent is enjoined from calling or harassing the Petitioner at her home or at her place of place of employment. The Respondent is prohibited from possessing and/or purchasing a firearm or other weapon. Vi!"~1!t<<f4.i>( . _ ~_ _ "'..' " I ~" . -~ . .- -'~' ~ -," ,~ '" ,'- The Respondent is hereby notified that if he fails to follow this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. This Order shall remain in effect until a final order is entered in this case. A hearing shall ttf 9 'tflJ C,,-- J / be held on this matter on the It) day of December, 2001, at ~.m. in Courtroom No. ~ Cumberland County Courthouse, Carlisle, Pennsylvania The Cumberland County Sheriff's Office shall attempt to make serviee at the Petitioner's request. The Prothonotary's Office is not to attempt to make service by mail. The District Justice of Mt. Holly Springs and the State Police, Carlisle Station, will be provided with a copy of this Order by attorneys for Petitioner. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Respondent shall be taken without urmecessary delay !before the court that issued the Order. When that court is unavailable, the Respondent shall be arraigned before the appropriate district justice. (23 Pa.C.S.A. 96113). BY THE COURT, ./l1i J. ";q~r1~, _' .=, 1".'., "'_'1"" ' t" _ ~ !: ,r '. ~ . ~ ~,~" - "."~.. ~ MELISSA A. FOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW 01-6896 CIVIL BRINTON E. FOX, Defendant PROTECTION FROM ABUSE ORDER AND NOW, this 21. day of December, 2001, hearing in the above matter set for December 27, 2001, is continued to Friday, January 18,2002, at 2:30 p.lJl. in Courtroom Nwnber 4, Cwnberland County Courthouse, Carlisle, P A. The temporary order dated December 5, 200 I, to remain in full force and effect pending said hearing. BY THE COURT, Rebecca Hughes, Esquire For the Plaintiff .Ad '<4) A. Hess,J. ~ ~~i 0~ Carol Lindsay, Esquire For the Defendant Brinton E. Fox 138 Pine Grove Road Gardners, PA 7324 :rlm "C~~J<l,~ Of' '/'" ,; _~ ,'<, ' r' 'i--'" , MELISSA A. FOX, PIllintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 01-6896 CNIL TERM BRINTON E. FOX, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this ~ day of SEPTEMBER, 2002, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, BRINTON E. FOX, is directed ~ appear for trial on the charge of Indirect Criminal Contempt before the Court on the ~ day of Octv!eeP- , 2002 at ~ 0' clock ~.m. in Courtroom # -1- of the Cumberland County Courthouse, Carlisle, Pennsylvania. The 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. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon 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 J BRINTON A. FOX ?~ --,--~.~,- ~ "~T" , , j,E~>!j"&i*iffii~fiMWd;!~.o,:f",g~r~"-,,",',;hf~'A.::,ft~lfu""h'&""'~;"~;d'"".;f;d;.".:-,,,i,~,,,";j: o;;;.",:,,"~G'j>-'~1R8fi;;~~.(*'$llii{~l!llilllllOCt~~~~:' ','!::!,f,<,i,.",~,;,,;~'.,,;~;~Jl([J~I(.!nl!}j,,;k\11'_?$ ',~:""""',,,,'''''',",'~~''''' .,=' ~~.,. c_ ". """.'. "'~. "~_'.>, ,. ,,' ~""" 0,. , FiLEo-.{)fFICE OF T'f CP;)T,.J,'""JOTARY ,I,J, 1""",\./1'" II 02 SEP 25 Pl'1 3: 32 CUMBEELAND COUN1'Y PENNSYLV.~NIA ., "".,. , 'c c ~ , ~h ,''''''''"''''''''''"'' ,,',' , ',.' """"'1;, --~ : ~,1:4r-llr. _ MELISSA A. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-6896 CIVIL TERM BRINTON E. FOX, 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: I. 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 District Attorney's Office has reviewed this criminal complaint and requests the filing of an Indirect Criminal Contempt Charge. 4. The Commonwealth is requesting a hearing on the charges of Indirect Crinrinal Contempt pursuant to 23 Pa.C.S.A. S 6114. 5. The plaintiff and/or the defendant may seek modification of the Order based on the filing ofthis petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. S 6114. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, ~\-J~w Jonathan R. Birbeck Chief Deputy District Attorney , - ! r- r -- , I gisterial District NumI::eJ:-; !:J,>OLICE CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA COUNTY OF: cl.unberland 10; COMMONWEALTH OF PENNSYLVANIA VS. OTN: DEFENDANT: I BRINION E. FOX 138 PINE GROVE ROAD GARDNERS, PA 17324 717-486-8300 L NAME and ADDRESS 'I -.J Defendant's Race/Ethnicity IZJ White 0 Asian 0 Black o Hispanic 0 Native AJre.rican 0 tbknown Defendant's A.K.A. (also known as) PETE endant's Sex fendant's D.O.B. o Female IZJ Mole fendant's Vehicle Information: Plate Number State Registration Sticker (l>IMjYYl fendant's Social Security Number fencJant t s SID 01/30/1969 193-58-9724 236-09-16-9 Carplaint/Incident Number 02-211 LiveScan Tracking Number fendant's Driver's License Number State PA 22451350 200 Office of the Attorney for the Commonwealth 0 Approved 0 Disapproved because: _ (The attorney for the CarmJnwealth rray require that the ccrrplaint, a=est warrant affidavit, or:toth be approved by the attorney for the Ccmronwealth prior to filin3. Pa.R.Cr.P. 507.) ~arre of Attorney for CarnDnwealth -- Please Print or Type) (Signature of Attorney for Camonwealth) (I:ate) I, OFFICER TROY L. WISER (Narre of Affiant-Please Print or Type) of Mt. Hall V Sp:t:inqs Police Dept. (Identify Department or Agency Represented and Fblitical SUl::d.ivision) do hereby state: (check the appropriate box) PA0211400 {Fblice Agency OR.I Numl:er} 28-2 (Officer Badge Number/LD. 1 02-211 (OriginatiuJ Agency case N.Imbe:r (cx:A.) ) 1. IJl] I accuse the above named defendant, who lives at the address set forth above [J I accuse an defendant whose name is unknown to me but who is described as [J 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 14 LARKEN LANE IN THE BOROUGH OF MT. HOLLY SPRINGS (Place-Political Sulrlivisi=) in Cumberland County on or about SEPTEMBER 22. 2002 @ 1815 HOURS Participants were: (if there were participants, place their names here, repeating the name of the above defendant) BRIN'IDN E. FOX 2. The acts committed by the accused were: 23 PA.C.S. 6114 INDIRECT CRIMINAL mNTEMPr IN THAT, ON OR ABOUT SAID DATE, THE DEFENDANT DID VIOLATE A ORDER ISSUED UNDER THE PROIEcrION FRCM ABUSE ACT IN NO. 02-0130 CIVIL TERM, FEBRUARY 06, 2002, BY THE HONORABLE KEVIN A. HESS OF CUMBERlAND CDUNTY. THE DEFENDANT IS ORDERED TO REMAIN IN HIS VEHICLE WHEN PIOCING UP OR DROPPING OFF HIS GIILDREN. HE IS AISO TO REMAIN PARKED ON THE ROADWAY OR AT THE END OF THE DRIVEWAY WHILE THE GIILDREN WALK TO THE OI'HER PARENT'S RESIDENCE. AOK: 412A- (4/01) (reprcduction) 1-3 "',"*,;,,~ 4,.~ _.", ;;-_~___~_ 'J" -.. ,..,."" "'"J '_'1 "I~ ~- ,,' ." .~, . ,~ "'" Docket Number: POLICE CRIMINAL COMPLAINT Defendant Name: BRINIDN E. FDX 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 " 6114 (a) (1) of the TITLE 23 1 (Section) (Subsection) (PA Statute) (counts) 2, of the (Section) (Subsection) (PA Statute) (counts) 3, of the (Section) {Subsection} (PA Statute) {counts} 4, of the (Section) (Subsection) {PA Statute} (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant 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. This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 PA. C.S. I'! 4904) relating to unsworn falsification to authorities. d SGj)r. 2.-3 ' 2002.. filJVI f W~ . ~Signature of Affiant) AND NOW, on this date J~"~ 303 ,z...()~ I certify the complaint has been properly completed and verified, An affidaVl of probable cause must be completed in order for a warrant to issue. '-'''i!f>.~l ~. ~,- ',~-' -"," < .' ,or "~, - J "; ~ 1 /Ii SEAL (Magisterial District) AOPC 412- (4!9GB) (reproduction) (I~"';~3 JlLlthority) rrv"'1c.. ,- " -'1 "" ID"'.dm<N_' B>UNillN E, Docket Number: FOX I. POLICE CRIMINAL COMPLAINT AFFIDAVIT of PROBABLE CAUSE Comp.fInc. No. 02-211 ON SEPTEMBER 22, 2002 ABOUT 1815 HOURS BRINTON E. FOX WENT 'ID 14 LI\RKEN LANE IN THE BOROmH OF MJUNT HOLLY SPRINGS 'ID DROP HIS GlILDREN OFF. FOX HAS A CDURT ORDER SIGNED BY THE HONORABLE KEVIN A. HESS ON FEBRUARY 6, 2002, CIVIL ACTION - LAW NO. 02-0130 CIVIL TERM PROI'ECTION FRCM ABUSE, THAT SAYS HE MUST REMAIN IN HIS VEHICLE WHEN DROPPING OFF HIS GIILDREN AT MELISSA FOX'S RESIDENCE. BRIN'IDN FOX EXITED HIS VEHICLE AND WALKED OVER 'ID THE FRONT ~ AND THREW A BAG OF CIDI'HES AT THE FRONT IXDR AND BEGIN TO YELL AT MELISSA FOX. 0 J'f 're HttII:iE OU <rH<i: mor-BRY; A'3' 14 l1'.RI'.ENL.^.nc MilDJ'1B~J~~~W: '~A ~~ I, OFFICER TROY L. WISER , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. tnM d'l f W~;I .J (Signature of Affiant) Sworn to me and subscribed before me this Z. 3 A day of 7"'~ Date 200-a.. '-' ::JvJ.y. , Dil!:ta&t JI1>.JC:"'e' My commission expires first M SEAL AOPC 412C- (11/24/99) (reproduction) 3-3 "'~~, r - ~, - - - ~ ~1 - OEe o~ MELISSA A. FOX, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ol-d~~ NO. CIVIL TERM BRINTON E. FOX, Respondent PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW, this 5). day of December, 2001, upon presentation and consideration of the within Petition, and upon rmding that Petitioner, MELISSA A. FOX, now residing in Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the - Respondent, BRINTON E. FOX, the following Temporary Order is entered: The Respondent, BRINTON E. FOX, of Cumberland County, Peunsylvania, is hereby enjoined from physically abusing the Petitioner, MELISSA A. FOX, or placing her in fear of abuse and is ordered to stay away from any location where she may reside. The Respondent, BRINTON E. FOX, whose current address is 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324, is hereby enjoined from physically abusing the Petitioner, MELISSA A. FOX and their minor children, or placing them in fear of abuse and is ordered to stay away from any location where they may reside. The Respondent is enjoined from calling or harassing the Petitioner at her home or at her place of place of employment. The Respondent is prohibited from possessing and/or purchasing a firearm or other weapon. '--~''''w.!,~,~" _.' '''''~'1',-JJ.t ,,_~~" - ~ ~ The Respondent is hereby notified that if he fails to follow this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. This Order shall remain in effect until a final order is entered in this case. A hearing shall d 9'{jZJ c,,-- J I be held on this matter on the It) day of December, 2001, at ' .m. in Courtroom NO.-2-, Cumberland County Courthouse, Carlisle, Pennsylvania. The Cumberland County Sheriff's Office shall attempt to make service at the Petitioner's request. The Prothonotary's Office is not to attempt to make service by mail. The District Justice of Mt. Holly Springs and the State Police, Carlisle Station, will be provided with<a copy of this Order by attorneys for Petitioner. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whe.ther or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Respondent shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the Respondent shall be arraigned before the appropriate district justice. (23 Pa.C.S.A. g6l13). BY THE COURT, ./l1i J. -",,~<</ -,.,-, ~---,- - -~l" \: " {<', ,-~ ~'r" < ~'""'"" "~"~ - MELISSA A. FOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 01-6896 CIVIL BRINTON E. FOX, Defendant PROTECTION FROM ABUSE ORDER AND NOW, this 21. day of December, 2001, hearing in the above matter set for December 27,2001, is continued to Friday, January 18,2002, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. The temporary order dated December 5, 2001, to remain in full force and effect pending said hearing. BY THE COURT, Rebecca Hughes, Esquire For the Plaintiff ./ld- A. Hess, 1. . ~ ~ ~~D\ 0~ Carol Lindsay, Esquire For the Defendant Brinton E. Fox 138 Pine Grove Road Gardners, PA 7324 :rlm ""'ifj!l'1~1!ll , .. --~- -- ~- <'I . .~ - [ ! ',~ ~-- '. SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.ATtoLAW 26 w. High Street Carlisle, PA ;_~JJ'.l,~,_^ c,-~-~~'t.___ ."',. _,t ','r",",>- MELISSA A. FOX, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF/PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 01-6896 CIVIL TERM BRINTON E. FOX, DEFENDANT/RESPONDENT : PROTECTION FROM ABUSE ANSWER NOW comes Brinton E. Fox, by and through his counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and answers the Petition for Protective Order as follows: 1 , Denied. By way of further answer, Melissa A. Fox lives with her paramour at 388 Oxford Road, Gardners, Pennsylvania, as of December 13, 2001, 2, Admitted. 3, Admitted. 4, Admitted, 5, Denied, Since separation, the parties have shared physical custody of the minor children with Respondent having primary physical custody of Shane, and Petitioner having primary physical custody of Allyson. By way of further answer, Respondent has filed a Custody Complaint seeking primary physical custody of both children, 6. Denied that Respondent has been violent toward Petitioner, By way of further answer, Respondent denies that he dragged the Petitioner by her arms and legs, or that he threw her outside the marital residence, or that he hit her, or that he bruised her. Respondent admits that he did defensively push the Petitioner away, 7, Denied, By way of further answer, approximately three weeks before the separation, Petitioner, who is having an affair with another man, woke Respondent, - - ,,', """"I-,',.>r.". '~,"r -,'. . - ,--, ':'):":_ __,,,'<'): _""__',"~,_'___. . ,_, _"",>~'" ';';' _ , __~ "J', . ~",_, , -~ - < ,_ ~,~ ," SAlOIS :1 SHUFF, FLOWER & LINDSAY ~ ,; ATIORNEYS-AT.LAW 26 W, High Street Carlisle, ][l'A " taunting him with the affair. Admitted that Respondent inadvertently hit the Petitioner in the nose as he was gesturing. Denied that he hit her intentionally. 8. Admitted that Petitioner stayed overnight at the marital residence on November 8, 2001. She arrived shortly before Respondent was scheduled to leave for work at his regularly scheduled time. 9. Denied that Respondent forced himself sexually on Petitioner. Denied there was sexual intercourse on the evening of November 8, 2001. Denied that Respondent made any statements regarding raping Petitioner again. Denied that Petitioner was on the phone with her sister-in-law during anytime when Respondent was present and strict proof is demanded at trial. 10, Admitted that Petitioner was at the marital home on December 2, 2001. Denied that Respondent made any threat or threatening gesture. 11, Denied that Petitioner is in fear of serious bodily injury. By way of further answer, before and after the filing of the Protection from Abuse Order and the granting of a temporary Order, Petitioner has come and gone freely from the marital home. WHEREFORE, Respondent respectfully requests this Honorable Court to dismiss the Petition. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR DEFENDANT/RESPONDENT By: GAR L J. LINDSAY, ESQUIRE I "14693 26 WEST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 ';" 11::1 : 4' "C,' ""~~-""~''''1\'_'-,c_''_~_'<__ J~ ~_" . _0- c. !"', ,'~'i . ,. <:'1"':"" ,'--' - ,- - ", > " ~,Z'>.,~_ "_~'_'_'~"J,-" _ _ '" ,. : "" ~." >r, ... "_ ,,_< '"", _ , .... :i SAIDJlS SHUFF, FLOWER & LINDSAY A'ITORNEYS'AT'LAW 26 W. High Street Carlisle, PA '---;;!,~-~ BRINTON E. FOX, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff V5. : NO. 01- CIVIL TERM MELISSA A. FOX, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1, The Plaintiff is Brinton E. Fox, residing at 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 2, The Defendant is Melissa A. Fox, residing at 388 Oxford Road, Gardners, Cumberland County, Pennsylvania 3, The Plaintiff seeks custody of the following children: Allyson Olivia Fox, born June 1,1991; and Shane Brinton Fox, born March 16,1993 who resides at 388 Oxford Road, Gardners, Cumberland County, Pennsylvania, Allyson was born prior to the parties' marriage and out of wedlock, but Shane was born in wedlock, The children are presently in the custody of mother who resides at 388 Oxford Road, Gardners, Cumberland County, Pennsylvania During the past five years, the children have resided with the fOllowing persons and at the following addresses: NAME ADDRESS FROMITO Brinton Fox and Melissa A. Fox birth to 1999 Brinton Fax and Melissa A. Fox 1999 to 10-29-01 c,-.-,,,_,_,~!,,_, ~ ,- '-.' .~, "'. ",' '<:-'I~t '_,<>;1 '->'."-"-'~ j,r';r~_-r-.., ",";, ,,,.,\,'.' !'i"'-' .. - ~-_.",.,-c,,-_ 'f~ ~m SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, ][>A 'i"~ !881l!'_____ ~,/.,_f',.c,~';<,c;;_':':r-,;,' " NAME ADDRESS FROMfTO Melissa A Fox 388 Oxford Road Gardners, PA 10-29-01 to present The mother of the children is Melissa A Fox, currently residing at 388 Oxford Road, Gardners, Cumberland County, Pennsylvania. She is married, The father of the children is Brinton E. Fox, currently residing at 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania. He is married, 4, The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the children and her parents on occasion and on occasion with Steven McGuire at his residence, 6, Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children in this or another jurisdiction, 7, The Plaintiff has no information of a custody proceeding concerning the children pending in a court of the Commonwealth, 8, The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. "'-,.-"",.) '/--1":-'" .,., "'-'-',-",_",_"t.~_'?~~~~,,--,,- ""iC:, ,.,~^,--",-,-'- , - r_ - '~-.., --~ ".c, ", "oJ "'(0"' ---I ;: SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT'LAW 26 w. High Street Carlisle, P A 1''':" !P.L. 0" " 9. The best interest of the children will be served by granting the relief requested because: al:Plaintiff is a good and loving father. b) The children's best interest will best be served by an expanded relationship with his father. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action, WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the children to the Plaintiff. Respectfully submitted, SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Carol J. Lindsay, Esquire 10# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 ~C ,,," "".~ "" - .,,),.;>;ty",o,:::,,\,- ""-."~r';-",}., .= ,0', C',- . c:::,-~ .,. _ ,",':C',__"''''''' _"_C"""". p ',',' ",.'),'P> -~ ""_0 <'1' -' '-''- ","'~ " , SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS.AT.LAW 26 W. High Street Carlisle, ][lA " BRINTON E. FOX, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff vs. NO. 01- CIVIL TERM MELISSA A. FOX, Defendant IN CUSTODY ORDER OF COURT AND now, this day of , 2001, upon consideration of the attached Motion, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at ,on the day of ,2001, at ' o'clock _' m, for a pre-hearing custody conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BE::LOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Courthouse, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. By the Court, Date: <:~[il, '-"""', . 'T', ':,:,: !~,,-""1i;o' ' ~"'_<O'f,""~''''_~""' "'~"'" --":'" "Ok-f. "'~'!"'O~"'_'__,"." '''0 :'1:,: "':':",,__"__-__- ",,",_'. ~"~ ,"_" '_ ,-".. , , "f - .'," SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, IPA " VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S, ~ 4904, relating to unsworn falsification to authorities, Brinton E. Fox Date: "~)",Il'i!~~".'~'":'~~ /':__0".-""_.'",, 1;,;"",,,>-,~,~,~'-~'-J__:"""c,,,W-_'_1 ",,~ ',"H_~",:,C;" _', _ '.-f'~,""';_'r ',_0,', -- - - _'C:". __ '_ ,.-..,.,.,." " -'_____l~_~___~_'____ [: SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, PA ,ji~;(,J" . ",'oG.-.:~'_<,,:","'?:"_ VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: i1r~T~ t J-e-I-- Brinton E. Fox 1/ 'i /0:;" I I "",-,"""",,-" ,_. ".. "y""_J,,J \".X:--"'f!' 'P' ,,- , ~ =-:",~J!lf[~--1'-"~"""" . -,- ~~. .<- --~- ~, - ,,-~~-'" o ,;,:; ~~ - ~,-"" ~~ - .-"' '"'~'''-'' -., r---. t.:- () ;:rU': ~;::-:.. -,;.< (-0 -, r:: );'. ' ~~!-'" >.7::' Z ::<! , .,.- ~~:., .",- -'_-j ,-, "\:' f-..) '" 10 ":,,~,n~~~}~"'~""'~:::'-'!f.&~:i!'!i!j!!;'l:1t!$~~;,1~",~~~~'i_;~,<!t-"df~~ii~1ffll~!\;:,J~.~.~~lfJlf:~~'"'-' - . - I DEe ow. MELISSA A. FOX, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 0/- I.. Y'i:(!' NO. CIVIL TERM BRINTON E. FOX, Respondent PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW, this S~ day of December, 2001, upon presentation and consideration of the within Petition, and upon fmding that Petitioner, MELISSA A. FOX, now residing in Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the Respondent, BRINTON E. FOX, the following Temporary Order is entered: The Respondent, BRINTON E. FOX, of Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the Petitioner, MELISSA A. FOX, or placing her in fear of abuse and is ordered to stay away from any location where she may reside. The Respondent, BRINTON E. FOX, whose current address is 138 Pine Grove Road, Gard.ners, Cumberland County, Pennsylvania 17324, is hereby enjoined from physically abusing the Petitioner, MELISSA A. FOX and their minor children, or placing them in fear of abuse and is ordered to stay away from any location where they may reside. The Respondent is enjoined from calling or harassing the Petitioner at her home or at her place of place of employment. The Respondent is prohibited from possessing and/or purchasing a fIrearm or other weapon. %L~",,- >i - .,--^ - -,.- ~-;-":~~'~;~~~,';,?-1!;',',:-1\'~-1';-,,' ~~Y-:;""'_l',-_ ""'~-,':-'c;"';1 ,',oJ,.j-kc'-;,,' "","7_",,_<,;~n"" ",!>"rc'--~"..--'" ',__ ,,_ ,', ,_'",\ ~-n'''~-,__" "~--,,- "t'. " "., ";V:"""~,.;'_Y"_,_'__~,T_, - ,'_ .= . .".,. .'_' ',_ , ~[ '~-" - -, ~ .. i!~ij:~il;'~'~[~~lll-~.~~lii~'~~"i~iill~jf~~iiwa~.'.;.~- ,~," ~ix :.:. -; .',,,,,,, , ~-"':-<":'--" -~~" '" ,<,,,,,,,,_#_--,~,,,,-, '.,,,,,,,?~,-,.",,~,,- ,,. ,./ I OJ rr::1' " c"I" I, ". ~i C'li((''''l,, ""'I,ri-.. ":1:-<:/;'-, ,I..;,." t.1!~' --: 'I \L) ;"". cNlvS'y/.l/1l':,~."U/vry ..a-Jv!,/~\ ~",-". -~, ,~,o ~_ ""~-(.: I" , '1/ )', ,~ '--.'"--"":I'--"---.-'.',__~'_ , '-';;__"--~"-"'-J - ",.".,-'.Oii ~ '<J -.!. ~ ~ ~ ~j ~'} --\.s 'it ], 1 'l'i' . " - The Respondent is hereby notified that if he fails to follow this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. This Order shall remain in effect until a fmal order is entered in this case. A hearing shall fA 9'(flJ ~ be held on this matter on the It) day of December, 2001, at ~.m. in Courtroom No. L Cumberland County Courthouse, Carlisle, Pennsylvania. The Cumberland County Sheriffs Office shall attempt to make service at the Petitioner's request. The Prothonotary's Office is not to attempt to make service by mail. The District Justice of Mt. Holly Springs and the State Police, Carlisle Station, will be provided with a copy of this Order by attorneys for Petitioner. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Respondent shall be taken without urmecessary delay before the court that issued the Order. When that court is unavailable, the Respondent shall be arraigned before the appropriate dlistrictjustice. (23 Pa.C.S.A. ~6l13). BY THE COURT, .Ild J. :j "'~1Jj),t~, ',^ ",K:':" ;,:',,-'f';:J';'-. ,-'co;'" "-,,-''''t '-''':-'-'-1>71, _j,""",.,c;c,.;_, :~;;"-_I; --""~~' ,on ,'__ i' C"'"_'.I"',__ \<-0 " __"'~:"~" rf ,_,__-?-'_""_"__F-"'"\~___" .->,~"^P!,~."',,,,,"_, "^"_'_"'" =_. _~,_'" '..>=.. ,~. _~_ ;,~ MELISSA A. FOX, : IN THE COURT OF COMMON PLEAS OF Petitioner v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM BRINTON E. FOX, Respondent PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIDS NOTICE TO YOUR LAWYER AT ONCE. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Peunsylvania 17013 717-249-3166 1-800-990-9108 '~,~I?~~! .;. ~ ~" __ .,-,~::,"rn,._,C'; ,,_>~A':' ~::'J[ -,co'>~<','~'''rr',~ """",,-,,,'~:'~.:,>,A ,,(~,' ","'''''',J.:''''' ". ~""1'o,..-'."~"" ,,~"-''''''~:' '~', '- ",' ",-1:' _"" ",__.<, 7' ",---<_,"." ." "^ _ .~._, ~ ,', ~ '_" "'"'.~', ", _,'" ~r. _ ,,_ "..,~,. -' ,'~ AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. J ;0:0;, ~- --. ~"".~, '~'\:;-,_,;,-,!~'YN<c~-"-.!'E""~'_-V?";-','_~n' _," .-;''':-1 -co n:_~",'{,,_o ,._~_',__, ~:'~'"'."~___-q,,,<,_, ~_",_, _,_"y ,,"',,_ ' -''"d,_ ',_",.,~ /'!5- ".? '-C'~"_"'-,_W >~~_,r~_c.,,~" .., -."",," '-'.d_" __~_~____~~', -- -.-.~;, MELISSA A. FOX, : IN THE COURT OF COMMON PLEAS OF Petitioner Respondent : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.OJ.I.F9fIVIL TERM PROTECTION FROM ABUSE v. BRINTON E. FOX, PETITION FOR PROTECTIVE ORDER AND NOW comes the Petitioner, MELISSA A. FOX, by her attorneys, Irwin, McKnight & Hughes, Esquires and presents this petition for a protective order under the Protection from Abuse Act, 23 Pa.C.S.A. Section 6101 et seq., representing as follows: 1. The Petitioner is MELISSA A. FOX, an adult individual presently residing at 388 Oxford Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The Respondent is BRINTON E. FOX, an adult individual residing 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324. 3. The parties were married on December 1, 1992 in West Virginia, and separated on October 28, 2001. -, --,?:-:~ - _.J: :L_'_-_":_';~_;";'~O__"1"f~;'>:::\"'''''''":_C~1:''':.e_'\)"",,,_r;'I',; - "~;,"r'~-'~-:'!>~'''"': "'':>-i'' ;W";-,",,"'F"-,___ "0," "-C1,-_~,-" "-,-'to; No, _7_ c,~_ _-,"~'. .' 'I' '->','_~F:~"'_;C' _,',-""_7_~_1>'_:'<'_ _'__'_~" "'_'.": ~_"" ,__ . ,- .,\ '''. (,' ,'C"!'__") .<~__." 1'.- . " ," IT 4. There were two children born to the parties, namely ALL YSON O. FOX, born 6/1/90, and SHANE B. FOX, born 3/16/92. 5. Since the date of separation, the petitioner has had primary physical custody of the minor children, and the respondent has had partial physical custody every other weekend and one (I) to two (2) nights through the week; the mid-week visits, however, did not occur during the weeks that the respondent worked the 11 :OOpm through 7 :OOam shift. 6. For approximately one year prior to the date of separation (October 28, 2001), the relationship between the parties deteriorated significantly to the level of violence on the part of the respondent. Specifically, the respondent often dragged the petitioner by her arms and legs and throw her outside of the marital residence, pushed the petitioner, and hit the petitioner, leaving a number of bruises on her. 7. Approximately three (3) weeks before the date of separation, the respondent was significantly intoxicated and hit the petitioner in the nose, causing her to bleed. 8. On or about November 8, 2001, the petitioner was staying at the marital residence for the evening with the minor children with the understanding that the respondent would be working 11 :00 p.m. through 7:00 a.m. and, therefore, would not be present at the home. i?~~UL "' .,-' ,',;':c" ~, -'><' ~:'~"_^,'0-:j."'__" -:,"~,;O;:;;,,-;---, _~""""-,,:,~.,,I '0 - ,<? _ \," -_'" 0' ,. "'! ~~-'-t""_;'___'''''''__'__'~_"L<' "___0- ., _"_""'~_""_'~'__'~""" ,_0 ,_,.~". , ",_ __<_._,>~,.' _ "'0 ",n~~__H"__ ~_, ' _".~ . w j~~-".'~-, 9. On the same evening, November 8, 2001, prior to leaving the home for work, the respondent forced himself sexually on the petitioner, against the petitioner's will, and later stated that he would rape her again in the morning; this statement was made while the petitioner was speaking to her sister-in-law on the phone, and her sister-in-law heard the respondent make this threat. 10. On or about December 2, 2001, the petitioner was at the marital residence where the respondent still resides, to pick up the minor children at the conclusion of a visit with the respondent; the parties began to argue and the respondent stated that he ought to kill the petitioner; he then held his hands out as though he was going to strangle the petitioner. 11. The petitioner is in fear of serious bodily injury due to the past behavior of the respondent, as well as the most current threat made by the respondent. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an order providing that: a. Respondent shall refrain from abusing, threatening with violence, harassing or visiting the Petitioner in any manner; b. Respondent shall be excluded from the residence of the Petitioner, or any residence where the Petitioner may reside and at John's Mobile Repair where the Petitioner works; "';~ '"";:"",,>- ,. ,",:""'.'Y'_" ,;,,,;<"'?i,j'\"","'~ "*"" .'". ',"-"',.'!",",c." ,-"n"'."',.~' 'o~. c.""" -___o'0.._~_ ','.>."...". ,.., ",.c O',_~""__',=J*<,T",~rr',,,,,< ,-.,'r~1t..".Phl'" ,__ -" "0' ,_.',." '_"' P^~"" c. Temporary physical custody of the children, Allyson O. Fox and Shane B. Fox is granted to the Petitioner pending further Order of Court; and d. Such other relief as this Court deems necessary. Respectfully submitted, IRWIN, McKNIGHT & HUGHES Date: December 4,2001 Rebecca R. Hughes, Esq e / Supreme Ct. ID# 67212 G Attorney for Petitioner, MELISSA A. FOX 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 By: " .~t;..'l__Ac'"'_ /_ -:"',':F:':">t:'i~;'i'~"";-<n_'<"'~' _ ~Jj ri";'i_"'>'?';~I_."':' _;'''~,'-.<~, _'-' _,,",,-,,,_,-_<,),.',,,,,.,_7_ / ~. "~ ,'--. _.' ~_", ,"^" _ ,_ " "',,--,'!>;.--l _,.,_~,~,"",_,,!, _",,'~,<_,_'" "'~"^' ,"",.'_',..,._." ~, _ _.,_,~ ~. VERIFICATION I have read the statements made in the foregoing Petition and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. _rY\ol iS7'il ~, FoX MELISSA A. FOX Date: \d-~ ,2001 ~"~:~ ,;- ->"'~.' <~,,:r-: '~![' ,_' >-'P:'_;"_-_:"?f",,__,-,,"'L.'f':~--_r~, ,'--":.'"_'" .. -'- -.,,? _""--'1 <-:~_,;,-,"";"',, ,- '_~'-'''__' - ~"_ -, "-, _,' __"'~ ,,- ,~\'" ) ~ _:'_"~',,_ __''k ,.. ",,,,",,,0,;"1'- ,_,' _ -,,-_'," <';~o;-. - _ "'_---,> , r"_,'T:,~ _-",,_,,", ,-'t', " , ~ t ~,'-~ -- '-, - n. -~'""', , ':1/-1:< ~ -- ~-- -"" ,,~'" ,~'C.,y",-~~'{~4 ,,~~, -- ~ ---- Co. ~'" 1:-' r"- CE:( 32 Cn r-=:' , ..'< ;J:-~~ C) 5~2~ ~~~-'[\'\f:,l- J~ _:!\\1l}!!l1~11~~'7:'F:'~', __ __ _k . '. __ ~"",~'"v ,,-.,,".", ,~ -,~- q,,~ c','"""",,,,,..;.-"-,, _'~";;>'" (:-:) -, , c; . , C) <::: =2 :':l ..... -,~l r',~) ..:;::: ~ -< -" ~!!Anm"J,~;_~~' ::' _":-:'_ -- -- ~ ~~>~'Il~'1 '-O:':~":_ "'_:_ __,- )_2/05/01 W1'\D 14: 57 FAX 717 240 657:l . CliMB CO PROTHONOTARY I !4J 001 ***************~~********** ... MULTI'TN REPORT ... t*tttt*****-***********-***** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2891 01]9p2490779 03]9p2405331 PSP CP ERROR . . OFFICE OF THE PRCYl'H(XIUl'ARY ctlMBERLAND OXJNT'{ CXXJIl1lIaJSE ONE a:xJR1l{OOSE 9JUARE CARLISLE. FA. 17013-3367 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R TO: PA STATE POLICE ~ CC'tJt, PIlIIH.f.f, , -;, FAX N: 717-249-0179 FiICM : ClJR'fIS R. LONG RE: PFA ORDERS MESSAGE: ~ 00. OF PAGES (INCWOING (;(NER SHEET) This ~ is :i.,tead:;J ally fur tte \,Ee of tte WiviWll cr ~t;y to IIhich ~ .is o'Al. 1, en:! m:l'f a:ntain infudretim th3t )s ~. o:nfidntial. en! ~ fu;m rli....Jn.llre ~ '{pli....nl.. Ja.l. [f I;te mrll:L" of ItIis IIeEBCg'! is rot; tiE in1::EJd;d .....ipiflll:. )W are ~ rot:ifia::I: tmt OOJ dii/:lel11,iretkn, di.sb:il:utia'1 cr cq:yirg af tl1i.s o::mnnicaticn is strictly p:dribi.lai. If b Il'iw! nr:ei.106i tillS amn.nic.!tial in emr. pteme rutifY Ul :iJmejjately 1:11 te1ft:Ine <rd m!lJro tte ~ ,,,'. i:T to l.S at l:tB .;:0,'_' ~ via tte U.S. pntal e=rvice. '!took }OJ. . '';;1\j{~~-'t'~~I~~_ :tlIif;~~..,.... _....~rl ---!- - . l~'''~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-06896 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FOX MELISSA A VS FOX BRINTON E SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon FOX BRINTON E the DEFENDANT , at 2127:00 HOURS, on the 6th day of December, 2001 at 138 PINE GROVE ROAD GARDNERS, PA 17324 by handing to BRINTON FOX a true and attested copy of PROTECTION FROM ABUSE together with :! 'I 'I il :1 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service ,I';ffidavi t Surcharge 18.00 6.50 .00 10.00 .00 34.50 So Answers: .r'~~ R. Thomas Kline 12/10/2001 REBECCA HUGHES Sworn and Subscribed to before By: <' h' '<let-- me t lS 1:;;- day of ./ ~ 2tn;f A.D. n.d~G_~# -~I Prothonotary' -"C~~_\~""*"1Y~.i'/Im,~~~!i!iI,, >"!'__'= J..J_A~T_ - ~ . I'" 1" - ~^ " ==1& (.,~-' ~,- - MELISSA A. FOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 01-6896 CIVIL BRINTON E. FOX, Defendant PROTECTION FROM ABUSE ORDER AND NOW, this 10" day of December, 2001, at the request of counsel for the parties, hearing in the above matter set for December 10, 2001, is continued to Thursday, December 27, 2001, at 1 :30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Rebecca Hughes, Esquir~ . . 0 I For the Plaintiff ~lo..J.LfJ /1.-1 N)/ ' Carol Lindsay, Esquire RV 5 For the Defendant Y1 :rlm 'o"':1.J;la: __"'--""'-"-'~,""'I'o,,,,__,__''''''",,~J'_''' _,. ,'_~, " _.c "~,=",,,, '_. _~,_,,,,,,,,,~._<_'J' ,. O~ '- , ~ , r""_",.. , L ' -i-, , o ~i: i j {'''I g !l::;_~,,,.,'i ":.."". ,--.i"\' i!,:n Vl"V.L....,_1 '...I",i ',~, Ij,.AJI\i i ( DEi'NI\J""L'\f!"\I"i' I J ~1 'UL"J,ii'\ . ~_.. ~ ~, .~, " ,~,n " ~_ .':- '"' l!l!Il!lI .iI~( __ J ,1l1!f:..". .~- 0 '" -,-~ 'H" ." -~ ",0," ." '."..., );<~' 0',,","0 ,.,; ",~.._,,,".~,,,,",.,;'.~-,",.,,,,,,,,,,,_...,; ''''r'' "-";'::'it~~ !is B'/ ,..,_~~ir~~ID~:tl:_~~~)j'~"-',DW"'X','!iW-;:-WW~E~~~!#*1~f'i!Jl~~~~i~~~" 'm-' MELISSA A. FOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 01-6896 CIVIL BRINTON E. FOX, Defendant PROTECTION FROM ABUSE ORDER AND NOW, this 21. day of December, 2001, hearing in the above matter set for December 27, 2001, is continued to Friday, January 18,2002, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. The temporary order dated December 5, 2001, to remain in full force and effect pending said hearing. BY THE COURT, Rebecca Hughes, Esquire For the Plaintiff Carol Lindsay, Esquire For the Defendant Brinton E. Fox 138 Pine Grove Road Gardners, PA 7324 :rlm '}i~f~r1jr "'''~,''t,'L;.,"~""",.~,,_,,.""._^,,'1~.'~'" ",~__,,"_, - _I' ,__. '_, '-'c_~_ ,~ ~ .' .dd A. Hess, 1. rC' ~ ;.,5'^~ ~ ~~ \;(:} 0~ ~- ,.- - < ",..--- 0," J,ILEf}-{')FI:V'C )-.... ,i!:- 'v'- '"' ,.1....-1..:. . ; I~" ,~_,._1;',',) !..." . , , , 'I",' '''~7'A''y . ',- . -'-~'i~:J ti1i o 10FT? I pI> I 3 --, -.. I,: S"< '." CU't~~4v~UNTY '-, , -,-~~- '.-;''7' 1_.,_;Il~\W}~ " ." ~ -'~"- '--'~'~ - ,C'''''';'''''"o",C'd,"$':-'. .-A'~'r "-""-",",-,,'~-;-"-~, -Y'-''t~Tl'ff"''~;rf~r''r'\:tw[SAl';?''~ ~~JF.~,;~ ',_~ ~~~~'lf,lf~~!l"'~~~kl':;!Y1!t'H-%.h'''''~m:~~~'''-~~!Ri'ij!!~,~~_~j~'- MELISSA A. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 01-6896CNIL v. BRINTON E. FOX, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this '2~ day of JANUARY, 2002, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, BRINTON E. FOX, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the (.)1\ day of~, 2002 at 5:)0 o'clock [.m. in Courtroom # ~ of the Cumberland County tourthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. Ifthe defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By ,,, Co~, ~ A. Hess 1. Jonathan R. Birbeck, Chief Deputy District Attorney COfYi. 3 / JeJl h BRINTON E. FOX 'i~~"_,__=,@:'L ... ,_0,' I I 1> ~ or ~.il,l} _,_~ ^~.._""""..",,_....~ < .."'~ Illl1 MELISSA A. FOX, Plaintiff :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-6896 CIVIL TERM BRINTON E. FOX, 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: I. 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 of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 9 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. 9 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, >1fi!~~!l!l!~"_;:- I ' _e l ~- ~- - W'._ - -~ ~ ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND '* . POLicE Magisterial District Number CRIMINAL COMPLAINT District Justice Name' Hon Address: COMMONWEALTH OF PENNSYLVANIA Telephone: VS. DEFENDANT: ~ NAME and ADDRESS I Docket No,: Brinton Eugene FOX Date Filed: 138 Pine grove road Gardners pa 17324 OTN: L ~ Defecd,,'" RaoefE,"c',"y I Defecdact', So> Defendant's D.O.B. Defendant's Social Security Number Defendant's SID o White 0 Asian 0 BlaC:k 0 Female 01/30/69 193589724 D Hispanic 0 Native American 0 Unknown 1SI Male Defendant'sA.KA Defendant's Vehicle Information" Defendant's Drivei's License Number PLATE NUMBER I STATE I REGISTRATION STICKER STATE I (MMfYY) PA 22451350 Complaint/Incident Number I ComplainUlncident Number if other Participants I UCRlNIBRS Code H2-1238068 260 District Attorney's Office 0 Approved 0 Disapproved because: (The district attorney may require that the complaint, arrest warrant affidavit, or both be approvea by me anorney Tor me t.;ommonwealtn prior to Tmng. Pa,R.Cr'p,107) (Name or Attomey jor l.iommonweallh -l"lease I"rlm or Iype) (:SIgnature Of Attorney for l.iommonweallh) (UateJ I, Tpr. Scott A. LEIDIGH / (Name of Affianl- Please Print or Type) of, the Pennsyivania State Police (Ioemrry uepal1mem or Agency I'(epresemea ana /"'OlltlCal ~UDaIVISlon) do hereby state: (check the appropriate box) 1, ~ I accuse the above named defendant who lives at the address set forth above o I accuse the defendant whose name is unknown to me but who is described as o 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 138 Pine grove road. Dickinson twp, 7698 PAPSP1000 (Officer Badge Number/l.D.) (/"'OIlC6 Agency UI'(I I'lUmDer) tunglnailngAgencyl...aseNUmDer(UI...A)) in CumberlaND County on or about 01/16/02 2000 Participants were: (if there were participants. piace their names here, repeating the name of the above defendant) i/ 2, ne acts comrnitted by the accused were: (Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. A citation to the statute allegedly violated, without more, is not sufficient, in a summary case, you must cite the specific section and subsection of the statute or ordinance allegedly violated.) The Defendant did violate an order issued under the Protection From Abuse act F.R. 1992-512 dated 06/04/92, by the court of common pleas of cumberland county. The PFA No. 02-130, Civil term was issued by the cumberland county court To Wit: The defendant went to the home of the victim, AOPC 412-(6/96) 1-3 :-~D~_; .,,,- ,~ ., '" "'. - ,~" '--'''('''.~''-~?~,. .,.," "",,,,-f .)__..,. ,,,. (Continuation of No, 2) I D,,"',,'" N.m, Docket Number: Brinton Eugene FOX '* POLICE CRIMINAL COMPLAINT 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 of the DR 1 (Section) (SUOSeC1lon) (PAStatute) (Counts) 2, of the (SeCiiOri) l;:iuOsectlon) \PASlafiife) (counts} 3, of the ~ (::suosecllon) \PA"SlaKile) (Ci5Uri1SI 4 of the {"SeaiOi'i! (:suosecuon) {PA"SffiITire) (COliFils) I ask that a warrant of arrest or a summons be issued and that the defendant 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.) 3, I verify that the facts set forth in this compiaint are true and correct to the best of my knowledge or information and beiief This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA C,S,A 4904) relating to unsworn falsification to auth~ S~ I&4f (Sig atureofAffiant) AND NOW. on this date . _' I certify that the complaint has been properly completed and verified, An affidavit of probable cause must be completed in order for a warrant to issue, SEAL \IVIl:iQIl:ilelli:i1 UISUIC!J (ISsuing AumomYJ AOPC 412-(6/96) 2-3 "~7;::}~!lf~p m "",''7'' 0 . _,,'_, "-'~_IV___''.'~_'_ ,~:'I'" _ _ ", ," . ,-, " - ,,>' "~,.+ . Defendant.s Name: . . Brinton Eugene FOX '* POLICE CRIMINAL COMPLAINT Docket Number: AFFIDAVIT of PROBABLE CAUSE On 01/16/02 at approx. 2024 I was dispatched to 138 Pine grove road, Dickinson twp. cumberland county. A call was received of a domestic disturbance. Upon arrival I spoke to Brinton FOX. He related that Melissa A. FOX came to his residence. They are in the process of separating. They began to argue and he told her to leave. She eventually left the residence. He indicated that there has been a PFA issued to him. The petitioner of this PFA is Melissa A FOX. He also had a PFA served against her. This PFA states that Melissa is not allowed at the residence. He also stated that he was at the residence of Melissa A. FOX earlier this night. On 01/16/02 at approx. 2100 I spoke to Melissa Ann FOX. She related that she dropped off their son at Brinton FOX's home. She did not know that she was not allowed to be on the property when ::1 she dropped him off. She stated that earlier that day Brinton came to her residence which is a 'I violation of her PFA. I, TDr. Scott A. LEIDIGH, BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. ?Dr ~J..~ Sworn to me and subscribed before me thi~ day of ,- Date , District Justice My commission expires first Monday of January, AOPC 412-(6-96) SEAL 3-3 ''-':?"J';t.-,,__,,-'-" ~,- ~ _~ _"_,,__.., _ ,c_"^_, 3,,-1;.,_ ", ,<." ',' "c _", .,.., - -, ",-- ~ ~ DEe oW- MELISSA A. FOX, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 01.1, F'i'~ NO. CIVIL TERM BRINTON E. FOX, Respondent PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW, this 5~ day of December, 2001, upon presentation and consideration of the within Petition, and upon fmding that Petitioner, MELISSA A. FOX, now residing in Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the Respondent, BRINTON E. FOX, the following Temporary Order is entered: The Respondent, BRINTON E. FOX, of Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the Petitioner, MELISSA A. FOX, or placing her in fear of abuse and is ordered to stay away from any location where she may reside. The Respondent, BRINTON E. FOX, whose current address is 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324, is hereby enjoined from physically abusing the Petitioner, MELISSA A. FOX and their minor children, or placing them in fear of abuse and is ordered to stay away from any location where they may reside. The Respondent is enjoined from calling or harassing the Petitioner at her home or at her place of place of employment. The Respondent is prohibited from possessing and/or purchasing a firearm or other weapon. -~0',~~);I:"""~l1____~,~. ~._ '_'I " ~ .' 'I" C , " - ~, ~,J'f~~_~= The Respondent is hereby notified that if he fails to follow this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. This Order shall remain in effect until a final order is entered in this case. A hearing shall ~ 9'(flI c,,- II be held on this matter on the It) day of December, 2001, at ~.m. in Courtroom NO.....:I-., Cumberland County Courthouse, Carlisle, Pennsylvania. The Cumberland County Sheriff's Office shall attempt to make service at the Petitioner's request. The Prothonotary's Office is not to attempt to make service by mail. The District Justice of Mt. Holly Springs and the State Police, Carlisle Station, will be provided with a copy of this Order by attorneys for Petitioner. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Respondent shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the Respondent shall be arraigned before the appropriate district justice. (23 Pa.C.S.A. S6113). BY THE COURT, ./liI J. >l~~~[,l'-_J ,u ~"'~l - " [ , ,~=~ ~. "~ - , -~ ,~_.~.~ - MELISSA A. FOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 01-6896 CIVIL BRINTON E. FOX, Defendant PROTECTION FROM ABUSE ORDER AND NOW, this 21. day of December, 2001, hearing in the above matter set for December 27, 2001, is continued to Friday, January 18,2002, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. The temporary order dated December 5,2001, to remain in full force and effect pending said hearing. BY THE COURT, Rebecca Hughes, Esquire For the Plaintiff ./ld A. Hess, 1. , ~ ~ ~~D\ 0~ Carol Lindsay, Esquire For the Defendant Brinton E. Fox 138 Pine Grove Road Gardners, PA 7324 :rlm 'Vi$l;),",Ml'0'CW-'o/._~~'!lHffi'."'_~ " i ' ;- A, " ~" '",- ,~.. ~, ..~ "'-""'--,"~_-""-;Y'__;T_";;i.:~'":",;",_,': ~"7'"_,_I~.Jf,l_",,",,,,,,",",,!,, ~ ,~lffi~q;,.~~N;~~t;i;~~~,~,,_.~%Y"'eh-"~:'" c)-~:"''''Q..:J'i'-'t~'tiil'fiij'~''II'fi1li''tifW1~/To't~~t'-''~''\\If'1f n ,,, -, :;~ i'V -n , "U (n ~~" .. Cti (','", -,,-,.. -.-.' ~ ~c --~- ;','\ -'-- ;0 '7 1 ,,-,f (:h C) , , () ,< ;--~-', :::.-:' r:; CJ .' T; ,,' '.~ -n );"; .".,' >~,~~ (J -;~-. Z )S, C) '...::: 0' ~ ..~ ~ l'..) :>;~ :::0, ';:' -< ,.. K -}~~l! MELISSA A. FOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-6896 CIVIL TERM BRINTON E. FOX, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: CONTEMPT ORDER OF COURT AND NOW, this 3rd day of October, 2002, the defendant having appeared in open court and having admitted that he is in contempt of the within protective order, he is thus adjudged. Sentence of the Court is that he undergo unsupervised probation for a period of 6 months on condition that he abide strictly by the protective order currently in effect. By the Court, At!- A. Hess, J. Geoffrey McInroy, Esquire AS. SiS. tant District Attorney> . ~ lo_7-0.:v Wllllam G. Braught, Esquire ~ . L1 ,. Assistant Public Defender ~. Probation Sheriff Victim Witness :mae __',"C,'_ ~_' ,"_'..~,_~ _ _ __I'" ." ,,"~=r.' _,", ,_'1" - "~~~ij"yr:'-1~~tfrilr~~:i~~~~i~l<;,~~\t":i"~"'i ~ 1!~:;),:?::{~~,jLJ#",,~-Jr!~JI!IWt~Ji;:L:~ -"0' Llrl~,,_, ,-" "v_ :~',',~,e,' c, ""~jYi',; ';''i.iii~~l:lif'(~~~~--' '~' -- "-;>---"'~---llfililin 'lr~;I~nJ'!,'-d-,' ~t:""-'- :L " HLC:C)'''C:':F1CF n:: TC ,',",'C,I,'f"':[)-1 ^'R'( '.' , . . , " " '-~' I;,. I"'J 02 OCT -7 PI'i 12: Lt9 CU~I;hlC:'Rl ;;1.1;\ r'OUNTY ~ -. ".... '. 'd..J ",I . PENNSYLVANiA ' ."-- "'-.. <',,-,-,--'-''-.,- ''',"'l' .., '.,,,.r'o Ai'" CERTIFICATION OF BAIL AND DISCHARGE COMMONWEALTH VS. (Defendant Nama and Addrass) BRINTON FOX 138 PINE GROVE RORAD GARDNERS PA 17324 o ROR (no surety) 0 Nominal Bail 181 Bail (total amount set, if any $ $5,000.00 o Conditions of Release (aside from appearing at court when required:) DEFENDANT TO HAVE NO CONTACT WITH VICTIM. . SECURITY OR SURETY (IF ANY) 181 Professional Bondsman o Surety Company o Money furnished by o Defendant o 3" Party Name: Address: JUDGE OR. ISSUING AUTHORITY KEVIN A. HESS, J. APPEARANCE OR BAIL BOND THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES. CP. TERM & NO. 01-6896 CIVIL TERM CHARGE(S): INDIRECT CRIMINAL CONTEMPT OFAPFA NEXT COlJRT ACTION Date and Time Location 10/29/02 @ 1:30 PM. Courtroom #4, Cumberland County ou ouse TO: 181 Detention Center o Other I hereby certify that sufficient bail has been entered OBy the defendant 18I0n behalf of the defendant by: JAMES J. BUCKLEY 1702 HARRISBURG PIKE, CARLISLE P A 17013 (Name & Address o/Surety) (License No.) . Refund of cash bail will be made within 20 days after final disposition (Pa.RCr.PA015(b) . Refund of all other types of bail will be made promptly after 20 days following final disposition. (pa.R.Cr.P.40l5(a) . Bring Cash Bail Receipt to Prothonotary DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED: Given under my hand and the Official Se'al of this Court. This 25TH day of OCTOBER, 2002. WE, THE UNDERSIGNED, defendant and surety, our successors, heir and assigns, are jointly and severally bound to pay to the Commonwealth of Pennsylvania the sum of FIVE THOUS~ND ~ND NO/100 dollars ($5.000.001. SEE ATTACHED FOR BAIL CONDITIONS TO BE USED ONLY FOR PERCENTAGE CASH BAIL: The undersigned about to become Surety in the case cited herein, being duly sworn (or affirmed), disposes and says: 1. I reside at my phone number is and my occupation is and I work for 2. I have ho undisposed of criminal cases against me pending In the Courts of the aforesaid County, except as follows: 3. I am not Surety on any bond of any kind except as follows: DATE AMOUNT DEFENDANT 4. I have carefully read the foregoing affidavit and know it is true and correct. I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. -j~~-~~P!f. '!"-: . ~ I ~':'"" ~ v ~-~--~ ,~,~~ , ,~' - -~ -, -._,~ The following acknowledgement is also applicable If Percentage Cash Bail is used THIS BOND SIGNED ON 25TH day of OCTOBER, 2002 At Carlisle, PA Signed and acknowledged before me this 25TH day of OCTOBER, 2002. (Prothonotary or Issuing Authority) IO/a-~/OJ- / ' (SEAL) , (SEAL) Si t (i Surety (Ma be Bondsman, ail Agency, or private individual or organization). Except when defendant is released on his own recognizance (ROR), this must be signed in all bail situations, including nominal bail. ADDRESS OF SURETY, SURETY COMPANY OR DEFENDANT Surety No. or Professional Bondsman License No. & Expiration Date BAIL CONDITIONS The Conditions of this bond are that the defendant will: (1) Appear before the issuing authority and in the Courts of the County of Cumberland, Pennsylvania at all time as his presence may be required, ordered or directed. until full and final disposition of the case, to plead, to answer and defend as ordered the aforesaid charge or charges. (2) Submit himself to all orders and processes of the issuing authority or Court. (3) The DEFENDAND and SURETY must give written notice to the issuing authority, Prothonotary, District Attorney and Court Bail Agency of any change in his address within forty- eight hours of the date of his change of address. (4) Comply with any specific requirement of release imposed by the issuing authority or Court, such as a satisfactory participation in a designated program. (5) Neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by Crirnes Code section 4952 (relating to intimidation of witnesses or victims) (18 Pa.C.S. ~~4952, 4953). (6) Obey such other condition as the Court, or Court Bail Agency with leave of issuing authority or Court, may irnpose. ~,o._jt~jiI{t~i""~""'fm!1"~r__'<J' ., ,.(llJlllIIJ, "' ~I" ~'-". _ _ I' If defendant performs the condition as set forth herein, then this bond is to be void. otherwise the same shall remain in full force and this bond in the full sum thereof shall be forfeited. And further, in accordance with law, we do hereby empower any attorney of any court of record within the Commonwealth of Pennsylvania or elsewhere to appear before us at any time, and with or without declarations filed. and whether or not the said obligation be in default, to confess judgement against us, and in favor of the Commonwealth of Pennsylvania for use of the aforesaid County and its assigns, as of any term or session of court of record of the aforesaid County for the above sum and costs. with release of all errors, without stay of execution, and inquisition on and extension upon any levy or real estate is hereby waived. and condernnation agreed to, and the exemption of person property from levy and sale on any execution hereon is also hereby expressly waived and no benefit of exemption is clairned under and by virtue of any exemption law now in force or which may be passed hereafter. And for so doing this shall be sufficient warrant. A copy of this bond and warrant being filed in said action, it shall not be necessary to file the original as a warrant of attorney, any law or rule of the Court to the contrary. not withstanding. , - ~--- -~''''''' ,,~ .~ 4li~~ '~,.^. "_O:"'!~_~"_: ~"- ". "" ,.' - __0'_"; -".~ ","-,;:"'~i ,"','>,. <'.,\,- C;i'. ',i_ "'~"'~r '~^ .~.. ''''''"'.....]1lilllli][] (~-t~-- J~ '>'j':i>C.'fi --......~ ~r\J ~ Uv C)o ~ --.J ':::::"'" ~ ~ ._,0. ,~.'llE~'!lI~~~~~m;t!ffl"l~~""Wfm;<.~g"'!~\F,:i>';~~-''''in'~-'::i_';-i'%~'",-'~~0:~W';.~:"W~lill'~*\1\\~r1H~~~~~~,~QI" <cd.: ~ ~ 170 171 260 207 204 502 ADD DELETE $ J..IJ,()O $ $ $ $ ~_OD $ $ 15.00 $ $ 15.00 $ $~ $ CERITFICATIOO OF PFA CCNI'EMPf CASE rumER D I - (p ~ q NAME '8rl tlfY\ 13 X ?If\~ brove.. oa,L C::a rt!/ilc rs PAt 7 ~~4- 13Co. 50 VICTIM'S NAME: M tlis~ ft. Fox., BALANCE DUE: $ STATE SURCHARGE STATE FINE SHERIFF COST ($1.50 + ADDTL) DISTRICT ATTORNEY COURT COSTS (CLERK OF COURTS) RESTIT~ION NAME_Yrv+hc! V\bkry ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP ,",""OOOTA" omeE ,j 4 ~ PERSON CERTIFYING INFORMATION ~... d D ./O-)O-O~ . C>(~ 7t '(';'!ii~~-- ~~I . ~.., ' " ,~= c '" ~, w- MELISSA A. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-6896 CIVlL TERM BRlNTON E. FOX, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this c2~ r'1... day of OCTOBER, 2002 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, BRlNTON E. FOX. 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. Ifthe defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of court costs to be determined by the Trial Judge subsequent to trial. By the Court, J. Jonathan R. Birbeck ~ D. A. Chief Deputy District Attomey BRlNTON E. FOX fRU COPY FR' , tn T e&Ilmori '}Ild the seal at. fh ^""'~T"''''j;'''-R'''!~~~~~~~ ~__ 1'- I,', -~ " ~.~~m; J .'t"""'1..."",<~_*W^"$!wr~Wil~, ~, ' "~~I~^~4.,~l;j:U,A~I1~~'ffl"1";t',"+1P"':';'ii''f''".'-' '~.,J '~,.,., ~, ~~" ,.~<<,. ",-e" --," ,.",,'. ,<, _,;-,"'-< ~ "b'.'" ~"'" <.C'~,'''' ,er'-'. -j"1';;~!!JIT~1 ,'~ ~ C) <;:; , ~,-~ 111'C:"; -""'. ' <.,..-j :2''''' C/?,\., F"t...:::' ~C -8; Z;C -~C) -r.:.:: ~.;;-- ~ , is> W '.0 C N o l"') -I N .t::.~ C"'l -11 .~ ,~r; 11 'r~ -~fl1 .:,'9 g~ j;! ::n -< ..." :?;" ;:"~.,,l;.,,.. '''<I+'E',\,;+or.~H~''%1f:!W!tr!'it*~~~!~~~) n ~_~c ';; MELISSA A. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, v. : 01-6896 CIVIL TERM BRINTON E. FOX, 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 llldirect Criminal Contempt: I. 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 District Attorney's Office has reviewed this criminal complaint and requests the filing of an llldirect Criminal Contempt Charge. 4. The Commonwealth is requesting a hearing on the charges ofllldirect Criminal Contempt pursuant to 23 Pa.C.S.A. S 6114. 5. The plaintiff and/or the defendant may seek modification ofthe 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 6114. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of llldirect Criminal Contempt. , -,c,fjt1;~-~"R>'R'\'~,,^~, ""~ ~~'" _~~, _ """1 -~ , - - , ;~ , . .~ , ". L~ .'n :m'! I, . COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cumberland, I POLICE CRIMINAL COMPLAINT isteriaL District NUIber: 09-3-03 istrict Just'ice NEfTe:Hcn. Susan K. DAY ress: 229 Mill St. ro BoX 167 Mt . Holly Springs, PA COMMONWEALTH OF PENNSYLVANIA VS. OTN: DEFENDANT: ,- Brinton E. FOK 138 Pine Grove Rd Gardners Pa 17324 717-486-8300 L NAME and ADDRESS I TeLep,cne: (717) 486-7672 Docket No.: Date Filed: -.J eferdant's RaceJEthnicity efa-dant i s Sex eferdantls D.O.B. eferdant1s Social Security NUTber lDefm:lant I s SID IXIl!1ite 0 Asian o Black o FamLe 01/30/1969 193-58-9724 D Hisp:nic D Native Plrerican Ol1l1i<roi<1 IXI Male Deferdant's A.K.A. Deferdantls Vehicle InfortJEltiCJl: ~efendant's Driver's License Number Plate NUIber I State TRegtstrati", Sticker(flMlYY) State I CarplaintlIrx::ident Nurber Iccnptaint/Irx::ident Numbers if other Participants UCR/N IBRS Code H02-1288~ 793 District Attorney's Office n Approved D Disapproved because: .. (The district atto~ may require~t the oarnplaint, arrest warrant affidavit, or both be approved by the attonney for the Commonwealth prlor to filirg Pa.R.Cr.P. 107.) (Nare ot Attorrey tor CCIIlJD"'Weal th - PLease Prmt or rype) (Slgnature at Attorrey tor COOJ1'01.oleal th) (Date) I, 'I'9r. William Lee (Nate of Affiant-PLease Print or Type) of PA State Police (Identify Department or Agen::y Represented ard Pol itical Slb::Iivisicn) do hereby state:(check the appropriate box) 7024 (Officer Badge Number/J.D.) PAPSP1000 (Pol ice Agercy ellJ NUIber) (Originatirg Agercy Case Nulber(OCA)) 1. IXI I accuse the above named defendant, who lives at the address set forth above o I accuse an defendant whose name is unknown to me but who is described as o I accuse the defendant whose name and popuIar 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 14 Larken Lane.., MOllllt Holly Springs Borough (Place-PoliticalSLtdivisi",) in Cumberland County on or about 10/20/02 a= 1045brs Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Brinton E. FOK 2. The acts committed by the accused were: (Set forth a SlJ11'l'ary of the facts suffici6'lt to advise the ooferdant of the nature of the offense charged. A citation to the statue allegedly violated withOJt nore, is not sufficient. In a sumary case, you nust cite the specific sectia1 ard sLhsecticn of the statute or ordinarce aLLegedly vlolated.) 23 Pa C.S. 6114 Indirect Criminal Cont~t-The defendant did violate a protection fran abuse orner. No. 01-6896 dated December 5, 2001 and signed by the Honorable Kevin Hess. In that on the above date and tiTlE the defendant did place two telephone calls to Melissa FOK. One or llIJre did not specifically address their children which is in violation of the court orner. ACPC {f12-(4!96)(Internet Versicn) 1-3 , /r'I'!l~IK~W)': , ,',~,',~.""" '." --."," -~ ,~- . , ...(Conti"nuation of 2.) Defendant Name: BrintOn E. Fox . POLICE CRIMINAL COMPLAINT Docket Number: 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 1. 6114 (a) of the 23 Fa.C.S. 1 (Section) (Sub~Section) CPA Statute) (counts) 2. of the (Section) (Sub-Section) CPA Statute) (counts) 3. of the (Section) (sub- Sect i on) CPA Statute) (counts) 4. of the (Section) (Sub-Section) CPA Statute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant 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 authori1;y. 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. This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 P A. C.S. !ij4904) relating to unsworn falsification to authorities. ./ ./' / / Ocr t2 () M ,.w- .2.O:JL a ~~ 1'-4:- (Slgnature ot Attlant) AND NOW, on this date . , 19 , I certify the complaint has been properly completed and verified. An affidaVIt of probabte cause must be completeiI in order for a warrant to issue. (MaglsterlaL Dlstrlct) AOPC 412.(4/96)(Internet Version) SEAL (Issulng Authorlty) 2-3 "'~~~"J~~f!i!lfllI'. """, _~~ - Defendant Name: Brinton E. Fox . POLICE CRIMINAL COMPLAINT Docket Number: AFFIDAVIT of PROBABLE CAUSE 1. Your affiant is a !lBI1ber of the pennsylvania State Police and has been so erq:>loyed for aver 9 year. I am currently stationed in Carlisle. 2. On 10/20/02 I was assigned a PFA violation at 14 Larken Lane, Mount Holly Springs Borough., Cumberland County. 3. I spoke with llElissa Fox who related that she received two phone calls fran the defendant. She detailed the calls to this officer. ..One of the phone calls addressed clothing for one of their children and a car the victim owns. The second call was specifically about the car. These non-child related calls would be in violatiOI1 of the PFA Order. 4. A copy of the PFA is on file with the State Police. Court of Ccmron Pleas, Cumberland County, 01-6896 dated 12/05/01 and signed by the Honorable Kevin Hess. The PFA states in part, that the defendant is enjoined fran calling or harassing the victim. 5. I request that a warrant less arrest be made on the defendant for the alleged violation per the order of the court. I, Tpr. William Lee , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. ~h 4:f~;'a"t) Sworn to me and subscribed before me this day of ,19_ Date , District Justice My commission expires first Monday of January, SEAL AOPC 412-(4/96)(Internet Version) 3-3 ''j~I~Ilr-'" _"~"~"" ~-" . - DEe o~ MELISSA A. FOX, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 01- (, j"(,. NO. CIVIL TERM BRINTON E. FOX, Respondent PROTECTION FROM ABUSE . TEMPORARY PROTECTIVE ORDER AND NOW, this 5~ day of December, 2001, upon presentation and consideration of the within Petition, and upon fmding that Petitioner, MELISSA A. FOX, now residing in Cwnberland County, Pennsylvania, is in immediate and present danger of abuse from the Respondent, BRINTON E. FOX, the following Temporary Order is entered: The Respondent, BRINTON E. FOX, of Cwnberland County, Pennsylvania, is hereby enjoined from physically abusing the Petitioner, MELISSA A. FOX, or placing her in fear of abuse and is ordered to stay away from any location where she may reside. The Respondent, BRINTON E. FOX, whose current address is 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324, is hereby enjoined from physically abusing the Petitioner, MELISSA A. FOX and their minor children, or placing them in fear of abuse and is ordered to stay away from any location where they may reside. The Respondent is enjoined from calling or harassing the Petitioner at her home or at her place of place of employment. The Respondent is prohibited from possessing and/or purchasing a firearm or other weapon. -~,i)':,~-*,'''-!iff~m!'tn~" " ,', ."'f'" .' r -,-- ",- - "1-, The Respondent is hereby notified that if he fails to follow this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. This Order shall remain in effect until a final order is entered in this case. A hearing shall t75 0 '(/0 c,,-- J / be held on this matter on the 10 day of December, 2001, at ~.m. in Courtroom No.~, Cumberland County Courthouse, Carlisle, Pennsylvania. The Cumberland County Sheriffs Office shall attempt to make service at the Petitioner's request. The Prothonotary's Office is not to attempt to make service by mail. The District Justice of Mt. Holly Springs and the State Police, Carlisle Station, will be provided with_a copy of this Order by attorneys for Petitioner. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whe.ther or not the violation is cOlIlIJlitted in the presence of the police officer. In the event that an arrest is made under this section, the Respondent shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the Respondent shall be arraigned before the appropriate district justice. (23 Pa.C.S.A.' g6113). BY THE COURT, ./ld J. 'i}"\,~'(fl~'lfr.._,."W'_O", ." MELISSA A. FOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 01-6896 CIVIL BRINTON E. FOX, Defendant PROTECTION FROM ABUSE ORDER AND NOW, this 21. day of December, 2001, hearing in the above matter set for December 27,2001, is continued to Friday, January 18,2002, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. The temporary order dated December 5, 2001, to remain in full force and effect pending said hearing. BY THE COURT, Rebecca Hughes, Esquire For the Plaintiff ,/ld- A.HeSS,J.. ~~ ~ 1vD\ ' 0'JC Carol Lindsay, Esquire For the Defendant Brinton E. Fox 138 Pine Grove Road Gardners, P A 7324 :r\m ';1~~'" ~~ I!Il -J. -=. '-~ - - . "~- . , MELISSA A. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-6896 CIVIL TERM BRINTON E. FOX, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this ().,/?iI) day of OCTOBER, 2002, the hearing in the above- captioned case previously scheduled by District Justice Paula P. Correal., for Tuesday, October 29, at 9:00 AM in Courtroom #4 is scheduled before the Court on the l~day of 'l'lrfJM/mf,p/J ,2002 at ~o'clock~.m. in Courtroom # -t-. The defendant, BRINTON E. FOX, is ordered to appear for trial on the charge of Indirect Criminal Contempt before the Court on that date. Jonathan R. Birbeck, Chief Deputy District Attorney J. By the Court, BRINTON E. FOX "','!")'W""';""'''''''-'''''~''J;lI~''''II1'!3':;, IilI{ ',' _" "JURI '"r'- ~ ~ ~~.~r:mrl ',;;\:.'Ii- ~ .""e" jlJi-m' ~- tblim!m~W'~:r;"jjMiiMi;';(~li"!':~"mtW'o-~Jt!~;wr't(<L'"';''.<,;" '=--',.-, \',," , .__ _~",'_~_' ,.0 ~-.,"".-- ,.,:".,jH""Jr,;;_#"'_\i'~I-l;i;r4g-'il~~"--~' ~;...t'-"~1l.t.:;:--~Jl~iIiiii.l~ ;"L :. rT-,...n":FJF'C -"":;""~;'~I":::';_,:'1~~:". ," ,1,-,,)n,DV '"-..,- If',n, (j) (p.....r ')0 '" "., (,() PN~: n5 r't Ij\r.'Lii"i' ,- , VI.... JI:....'r-j~iL 'JriU:"- {L"....,U' ;""1::',.1"1), Vi 11',;1)' ;oc:NNSYLVANIA __000 _ ."~..~-" - it " . , MELISSA A. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, v. : 01-6896 CNIL TERM BRINTON E. FOX, 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: I. 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 District Attorney's Office has reviewed this criminal complaint and requests the filing of an Indirect Criminal Contempt Charge. 4. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S 6114, 5. 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 6114. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, ~W~ fo-r Jonathan R. Birbeck Chief Deputy District Attorney ;""'''''":',-'-^'-N''~-O''_~~"Ji'!!i! _ - ","~ ~ I . .."llI'I$>1! - isterial District Nutber: 09-3-03 istrict Justice NctJe:Hcn. Susan K. DAY , POLICE . , CRll\1INAL COMPLAINT COJ\,:MONWEALTH QF PEN~SYLVANIA COUNTY OF: Cur1PerlaIld 229 Mill St. ro Box 167 Mt . Hally Spr:ings, PA COMMONWEALTH OF PENNSYLVANIA VS_ DEFENDANT: NAME and ADDRESS --, ocket No.: I Br:inton E. Fax 138 pine Grove Rd Gardners Pa 17324 717-486-8300 L ..J Tel"!'hcre: (717) 486-7672 OTN: efen:mt's RacelEthnicity IlOl.l1ite 0 Asian D Black D Hispanic D Neti"" Ilnerican 0 lkicr<lw1 efendant's A.K.A. eferdntls Sex efen:::l.:ntls 0.0.8. eferdantls SOCial Security NUTber efen:tnt's SID o F"",le IlO Male 01/30/1969 193-58-9724 IS VEhicle Infonmtim: efen::l.:ntls Driver'S License NI.I1tler Plate NU1ber State Registraticn sticker(MVfY) state IBRS coo. laint/lncicEnt Nurber H02-1288~ 79::!. District Attorney's Office n Approved 0 Disapproved because: _ (The district atton-ey nay reqJireLfit the cooplaint, arrest ...rrant affidavit, or both be ~ by the attonney for the Cann:nlealth prIor to fit irg Pa.R.Cr.P. 107.) Calplaint!Ircid31t NU1bers if other Participents (Nare of Attorrey tor COOIJD"Wealth - Please prmt or 1')1Je) l, 1br. William Lee (Nate of Affiant-Please Print or T}!l8) of PA State Police (Identify Departmlt or NPy;:y Represented on:! Political Sltdivisicn) do hereby state:(check the appropriate box) 1. IXI I accuse the above named defendant, who lives at the address set forth above o I accuse an defendant whose name is unknown to me but who is described as (SlglBture of Attorney tor ~L th) (Date) 7024 (Officer Badge NLIIiler/I.D.) PAPSPlOOO (Pol ice NPy;:y au Nulber) (Origiratirg Agen::y Case Nulber(OCA)) o 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 14 Lal:ken La:ne. , Mount Hally Springs Borough (Place-Political Sl/:divisicn) in Omi::lerland County on or about 10/20/02 aDOX 1045ms Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Brinton E. Fax 2. The acts committed by the accused were: (Set forth a sumary of the faCts sufficient to acMse the deferdm of the nature of the offeme cha~. A citatim to the statue allegedly violated witha.rt: rrore, is rot sufficient. In a sumary case, yaJ m..st cite the speCific sectim cn:::I Slbsectim of the statute or ordinarce allegedlY Vlolated.) 23 Pa C.S. 6114 Indirect Criminal Contenpt-'Ihe defendant did violate a protection fran abuse o:tder. No. 01-6896 dated. December 5, 2001 and signed by the Honorable Kevin Hess. In that on the above date and tine the defendant did place two telephone calls to Melissa Fax. One or oore did not specifically address their children which is in violation of the court order. N:PC 41Z-(4/96)(!nterret Versicn) 1-3 1'.":i"'f,,"''''''''i~"W''''~l!il~_llll...t., i'i!lrt _,~,~ ~ ~'''= ~"""I .", ~,- ,,~ R"' -(Cont~nllation of2.) II o.i@,@, N,.. Bcirtom E; Docket Number: Fax: .. POLICE CRIMINAL COMPLAINT all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act ofAsselllbly, orin violation of 1. 6114 (a) of the 23 Pa.C.S. 1 (Section) (Sub-Section) (PA Statute) (counts) 2. of the (Section) (Sub-Section) (PA Statute) (counts) 3. of the (Section) (Sub-Section) (PA Statute) (counts) 4. of the (Section) (sub-Section) (PA Statute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order fur a warrant of arrest 1:0 issue, the attached affidavit of probable canse must be completed and sworn 1:0 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. This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 P A. C.S. ~ 49~;;n:;;s;; falsification to aut,::~a?L ~ k ~ (Slgnature ot Attlant) AND NOW, on this date , 19 , I cert:i1y the complaint has been properly completed and verified. An affidaVlt of probable cause must be completeO in order for a warrant to issue. (Maglsterlal Dlstrlct) AOPC 412-(4/96)(Internet Version) SEAL (IsSulng Authority) 2-3 1::';!>-"'-"'!""'-"Y~""'"-'l!:i._,..~",~~",,,,,,,,,, ~_ .",~ _ . "1 I,,, , " _. ID.fu.""'N=. BCintm E.' "'" Docket Number: . POLICE CRIMINAL COMPLAINT AFFIDAVIT of PROBABLE CAUSE l. Your affiant is a naroer of the Pennsylvania State Police and bas been so enployed for aver 9 year. I am =rently stationed in Carlisle. 2. On 10/20/02 I was assigned a PFA violation at 14 Laiken Lane, Mount Holly Springs Borough., Cumberland County. 3. I sp:Jk:e with rrelissa Fox who related tbat she received two phone calls fran the defendant. She detailed the calls to this officer. . One of the phone calls addressed clothing for one of their children and a car the victim owns. The second call was specifically about the car. '!hese non-child related calls would tE in violation of the PFA Order. 4. A copy of the PFA is on file with the State Police. court of Carrron Pleas, Cumberland County, 01-6896 dated 12/05/01 and signed by the Honorable Kevin Hess. '!he PFA states in part, tbat the defendant is enj oined fran calling or harassing the victim. 5. I request that a warrant less arrest be made on the defendant for the alleged violation per the order of the court. I, Tpr. William Lee , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. ?,/v 4~~ant) Sworn to me iUld subscribed before me this day of ,19_ Date , District Justice My commission expires first Monday of January, _ SEAL AOPC 412-(4/96)(lnternet Version) 3-3 ";'J{C~~""""iC",JJ;""~,l'!~~~ _ ~,. ==~ _'"~ [l . , , - . ~- nEe oW- MELISSA A. FOX, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW Ol_t.,j'f~ NO. CIVIL TERM BRINTON E. FOX, Respondent PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW, this S~ day of December, 2001, upon presentation and consideration of the within Petition, and upon fmding that Petitioner, MELISSA A. FOX, now residing in Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the Respondent, BRINTON E. FOX, the following Temporary Order is entered: The Respondent, BRINTON E. FOX, of Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the Petitioner, MELISSA A. FOX, or placing her in fear of abuse and is ordered to stay away from any location where she may reside. The Respondent, BRINTON E. FOX, whose current address is 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324, is hereby enjoined from physically abusing the Petitioner, MELISSA A. FOX and their minor children, or placing them in fear of abuse and is ordered to stay away from any location where they may reside. The Respondent is enjoined from calling or harassing the Petitioner at her home or at her place of place of employment. The Respondent is prohibited from possessing and/or purchasing a firearm or other weapon. I ,~"",'fi"""~."__ T ~, .'1 ," M "" --I", - "~ ,~ "",<, ,. , The Respondent is hereby notified that if he fails to follow this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $!I,OOO.OO and/or by a sentence of up to six months in jail and any other appropriate punishment. This Order shall remain in effect until a final order is entered in this case. A hearing shall ttJ 0 'tJZJ c,,-' ) / be held on this matter on the It) day of December, 2001, at ~.m. in Courtroom No. ....:I:-, Cumberland County Courthouse, Carlisle, Pennsylvania The Cumberland County Sheriff's Office shall attempt to make service at the Petitioner's request. The Prothonotary's Office is not to attempt to make service by mail. The District Justice of Mt. Holly Springs and the State Police, Carlisle Station, will be provided with.a copy of this Order by attorneys for Petitioner. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whe.ther or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Respondent shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the Respondent shall be arraigned before the appropriate district justice. (23 Pa.C.S.A. ~6l13). BY THE COURT, ,/1;1 J. ".'~1~Wi",!,"9''''"'~~iV;mi!.l#, - 'I ~ ,"'1-- - ~ ,- "~ MELISSA A. FOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 01-6896 CIVIL BRINTON E. FOX, Defendant PROTECTION FROM ABUSE ORDER AND NOW, this 2/. , day of December, 2001, hearing in the above matter set for December 27,2001, is continued to Friday, January 18,2002, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. The temporary order dated December 5, 2001, to remain in full force and effect pending said hearing. BY THE COURT, Rebecca Hughes, Esquire For the Plaintiff ,/l# A Hess,J. . ~~ ~~O\ 0'}! Carol Lindsay, Esquire For the Defendant Brinton E. Fox 138 Pine Grove Road Gardners, PA 7324 :rlm ,2J\'ii;Mi"fm'~MW:"~~"~fl'ii .- 1" .~ f'. . -~ -~ CERTIFICATION OF BAIL AND DISCHARGE COMMONWEALTH VS. (Defendant Name and Address) BRINTON FOX 138 PINE GROVE RORAD GARDNERS PA 17324 CP. TERM & NO. 01-6896 CIVIL TERM CHARGE(S): INDIRECT CRIMINAL CONTEMPT OF A P F A ROR (no surety) 0 Nominal Bail ~ Bail (total amount set. if any $ $5,000.00 Conditions of Release (aside from appearing at court when required:) NFXT GOIIRT ACTION Date and Time Location 10/29/02 @ 1:30 P.M. Courtroom #4, Cumberland County ou ouse DEFENDANT TO HAVE NO CONTACT WITH VICTIM. TO: 181 Detention Center o Other I hereby certify that sufficient bail has been entered o By the defendant 18I0n behalf of the defendant by: . JAMES J. BUCKLEY 1702 HARRISBURG PIKE, CARLISLE P A 17013 (Name & Address of Surety) (License No.) . Refund of cash bail will be made within 20 days after final disposition (Pa.R.Cr.P.40t5(b) . Refund of all other types of bail will be made promptly after 20 days following final disposition. (Pa.R.Cr.P.4015(a) . Bring Cash Bail Receipt to Prothonotary SECURITY OR SURETY (IF ANY) o Professional Bondsman o Surety Company o Money furnished by o Defendant o 3" Party Name: Address: JUDGE OR ISSUING AUTHORITY 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. KEVIN A. HESS, J. APPEARANCE OR BAIL BOND TIDS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL rIMEL Y FILED IN THE SUPREME COURT OF THE UNITED STATES. This 25TH day of OCTOBER. 2002. '\ tL.-u.-L. WE, THE UNDERSIGNED, defendant and surety, our successors, heir and assigns, are jointly and severally bound to pay to the Commonwealth of Pennsylvania the sum of FIVE THOUSAND AND NO/100 dollars ($5,000.00). SEE ATTACHED FOR BAIL CONDITIONS TO BE USED ONLY FOR PERCENTAGE CASH BAIL: The undersigned about to become Surety in the case cited herein, being duly sworn (or affirmed), disposes and says: 1. I reside at my phone number is and my occupation is and I work for 2. I have no undisposed of criminal cases against me pending In the Courts of the aforesaid County, except as follows: 3. J am not Surety on any bond of any kind except as follows: DATE AMOUNT DEFENDANT 4. I have carefully read the foregoing affidavit and know it is true and correct. I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. !)i""""''''''!JtH,.~_j~~W~~ _<>"""'~~,,~~ . q . 1 ~,., ""'" . The fof/owing acknowledgement is also applicable If Percentage cash Bail is used . THIS BOND SIGNED ON 25TH day of OCTOBER, 2002 At Carlisle, PA Signed and acknowledged before me this 25TH day of OCT B ,R, 2002. r ,/o/a-do)- (SEAL) / ' (SEAL) Si l Ii Surety (Ma be Bondsman, ~ail Agency, or private indMduaf or organization). Except when defendant is ~/eased on his own recognizance (ROR), this must be signed in all bail situations, including nominal bail. ADDRESS OF SURETY, SURETY COMPANY OR DEFENDANT Surety No. or Professional Bondsman License No. & Expiration Date BAIL CONDITIONS The Conditions of this bond are that the defendant will: (1) Appear before the issuing authority and in the Courts of the County of Cumberland, Pennsylvania at all time as his presence may be required, ordered or directed, until full and final disposition of the case, to plead, to answer and defend as ordered the aforesaid charge or charges. (2) Submit himself to all orders and processes of the issuing authority or Court. (3) The DEFENDAND and SURETY must give written notice to the issuing authority, Prothonotary, District Attorney and Court Bail Agency of any change in his address within forty- eight hours of the date of his change of address. (4) Comply with any specific requirement of release irnposed by the issuing authority or Court, such as a satisfactory participation in a designated program. (5) Neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by Crimes Code section 4952 (relating to intirnidation of witnesses or victims) (18 Pa. C.S. ~~4952, 4953). (6) Obey such other condition as the Court, or Court Bail Agency with leave of issuing authority or Court, may impose. .J""'ii'W'H,,,'~"',!!':'>~_"!J!,,,, ., ~_ 4 ,~ I-r If defendant performs the condition as set forth herein, then this bond is to be void, otherwise the sarne shall remain in full force and this bond in the full surn thereof shall be forfeited. And further, in accordance with law, we do hereby empower any attorney of any court of record within the Cornmonwealth of Pennsylvania or elsewhere to appear before us at any tirne, and with or without declarations filed, and whether or not the said obligation be in default, to confess judgernent against us, and in favor of the Cornmonwealth of Pennsylvania for use of the aforesaid County and its assigns, as of any term or session of court of record of the aforesaid County for the above sum and costs, with release of all errors, without stay of execution, and inquisition on and extension upon any levy or real estate is hereby waived, and condernnation agreed to, and the exemption of person property from levy and sale on any execution hereon is also hereby expressly waived and no benefit of exemption is claimed under and by virtue of any exemption law now in force or which may be passed hereafter. And for so doing this shall be sufficient warrant. A copy of this bond and warrant being filed in said action, it shall not be necessary to file the original as a warrant of attorney, any law or rule of the Court to the contrary, not withstanding. ~~ ~I,Al,~ M ~,~ 'w' "._ _,~'" "',,-,<-,,.., ,',..' ,'r_' .~,_". . - "'< - ~~,-''''~_V'''.--'''''^'"o' - --""', . ~ ''-', "'..;~_"'"... '< ."~_ ..," ._.~,~. ~- i ~ ~'-j ,- ~. ~ ,~-~-"-,-~"",'"-"- -~d ~5 g-,J , c> _. ~_~~;;:~'1'i"~~~.!1ll)l W__~iJf#<f0j.h:;",o-o'."-""'-' """'~_C]_";-;\'P~,-,;;~J.;,q~~if~1ff0r:,,:r?'~-ll;~~"'.#'~f1!f,'i~,_~.,..~''-'f?',.., "..,f))Xf~~, ~r BRINTON E. FOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 02-0130 CIVIL MELISSA A. FOX, Defendant PROTECTION FROM ABUSE MELISSA A. FOX, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : lUMBERLAND COUNTY, PENNSYLVANIA V ~IVIL ACTION - LAW : 01-6896 CIVIL BRINTON E. FOX, Defendant PROTECTION FROM ABUSE IN RE: INDIRECT CRIMINAL CONTEMPT OF NO. 01-6896 CIVIL ORDER AND NOW, this I Z ~ day of November, 2002, while it appears that both parties violate the subject protective order with regularity, the court is satisfied that the defendant's conduct of October 20, 2002, is in willful contempt of the existing protective order and the defendant is thus adjudged. Sentence of the court is that he undergo unsupervised probation for a period of six months on condition that he pay a fine of$IOO.OO pursuant to 23 Pa.C.S.A. 6114(b) which provides that said fines shall be forwarded to the Commonwealth and shall be used by the Pennsylvania State Police to establish and maintain the Statewide Registry of Protection Orders. Our order of February 6, 2002, is modified to provide that any telephone contact between the parties regarding the children shall be limited to emergencies and that contact regarding the children, other than at exchanges, shall take place bye-mail. "',~W";Q'"i"",,,;,"'--_"-.w~)!Ii_)j>.., <~~, "f l' ~ ~ ",--- The stipulation of the parties, dated January 30, 2002, and attached hereto is herewith made an order of court. , BY THE COURT, ~ffice of District Attorney ~arol Lindsay, Esquire For the Defendant :rlm ~ crpj; 0) 7 L -(1)0:. ~ I cl 1I-13'O~ l KJ\5 Attachment &A eveJ- {Ii p. ro~ j oUeLL 01 ,JOII (~ (JrM S~ ~ ~N-C1. PfJAs' ~;-,ifo")&''i'",,,.-!<it,~~''''_ _ ~~ . - ,".. "r"'" --~ .,] SAID IS rUFF, FLOWER &. LINDSAY .i1'ORNEYS-A.T-L\W :6 W. High Street Carlisle, PA i,.~,WEH"-:<:,+--,,,~"'''-t)'-^~!ffi_~ .._~ !I ~PEFEN6ANJ.' . ""r~;,~'1I~ITE~ '.,r1~;;~):1"~;.~....... BRINTON E. FOX, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAW NO. 02-130 CIVIL TERM MELISSA A.. FOX, DEFENDANT PROTECTION FROM ABUSE ****AAAAAAAAAAAAAAAAAAAA********AAAAAAAAAAAAA*********AA4AAAAAAAAAAAAAAAAAAAAAAAAA..AAAA********** MELISSA A. FOX, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION. LAW NO. 01-6896 CIVIL TERM BRINTON E. FOX, DEFENDANT PROTECTION FROM ABUSE STlPULA TlON OF THE. PARTIE.S 1. The parties hereto are husband and wife, having been joined in marriage on December 1, 1992. 2. The parties are parents of two children, A/lyson O. Fox, born June 1, 1990, and Shane B. Fox, born March 16, 1992. 3. Melissa A. Fox has filed a Petition for Protection from Abuse in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 01-6898. Brinton E. Fox has filed a Petition for Protection from Abuse in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 02-130. Additionally, Husband has filed a Petition for Custody in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 01-7192, which Petition is scheduled for a conciliation conference on January 30, 2002. 4. The parties agree to the following Order: , 1'.- A. Brinton E. Fox, whose current address is 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324, is enjoined from physically abusing Melissa A. Fox or placing her in fear of abuse, and from harassing her or coming to her home at 388 Oxford Road, Gardners, Cumberland County, Pennsylvania 17324, or from having any contact with her with the sole exception of the ability to contact her with regard to matters involving their minor children and to coming to pick up or to deliver the children at her home. B. Melissa A Fox, whose current address is 388 Oxford Road, Gardners, Cumberland County, Pennsylvania 17324, is enjoined from physically abusing Brinton E. Fox or placing him in fear of abuse, and from harassing him or coming to his home at 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324, or from having any contact with his with the sole exception of the ability to contact him with regard to matters involving their minor children and to coming to pick up or to deliver the children at his home. SAlOIS 'lUFF, FLOWER & LINDSAY C. Pending further Order of Court, Brinton E. Fox shall have primary cnmtNEYS.AT.LAW ~6 w. High Street Carlisle. PA physical custody of Shane B. Fox and Melissa A. Fox shall have primary physical custody of Allyson O. Fox. The parties shall share legal custody the their children. '1/!%"_"_~,<"7~,,'-:(>T""W~~~~11 , I ~ ~=-" SAIDIS lUFF, FLOWER & LINDSAY IITORNEYS-AT-LAW :6 W. High Street Carlisle, P A "",7,f;.\~,~_,"'}i1l""1l!i'ltj"~!j!!~_ll'\ill'. WITNESS: th I. This Order shall be enforced by the Pennsylvania State Police or any police department in the jurisdiction of which a violation takes place. -p,/?I;'-'~ ~ 4w Brinton E. Fox Date: i /3G/0:2 I / -J1j~-* ,~ Mc:.Li 55A- A Melissa A. Fox 1-&>-02... ~~ Date: ~. . r_ , .1 ~, 170 171 260 207 204 502 I' CERITFICATICtiI OF PFA CCNrEMPT , 01- S- (;<;{7t; ADD DELETE $ :( tjj) 0 $ $ $ $ :,G,.OO $ $ 15.00 $ $ 15.00 $ $~ $ CASE W4BER () {- (p ~ q Go r!:w; { NAMEfSn~tfOYl f ~,L 13 ?/I'\e- (;) ve- Roa..L C!:::antVte (5 PAn ?Jlft- , 3Co, 5D VICTIM'S NAME: f1-tli s'56L A-. Fox., BALANCE DUE: $ STATE SURCHARGE STATE FINE SHERIFF COST ($1.50 + ADDTL) DISTRICT ATTORNEY COURT COSTS (CLERK OF COURTS) RESTI~ION NAME_r'rv+hO V\Dkry ADDRESS CITY STATE ZIP C") $ .... ~ ,see') ~ ! ,-'.'Ir-- ........ .::0,..,.;<- tr-:;;;:;,~ .~ <1>-. .;::;:::r;-'" ~ (~<<::JI;:'~,; . Lv .- , - ,::J:2 c:' -_ ~~g D ,,~,' ", -''1 '",:U'N::::; f>..;; "~'" '.. ;j'~P .;... ';o,.J NAME $ ~..,..",-- ., _"""_....'-_~.--.._",.""" '.,-~,_"-"',"'...' "",-,-."40"""" ADDRESS CITY STATE NAME $ $ ADDRESS CITY STATE ZIP '""",<>NOT..y omeE ~ 4 ~ PERSON CERTIFYING INFORMATION, ~. ' ' , ~ ' ' 0'. ./O.....3o-0~ i l -, g"'-' rf'{ o . c1v~ '1J~ - "C--'> O;-:lJ""*C?T1~~~~,,,..,~_. I" <--~ =~,. ., ." ,~ - "J!BI!1 " _~ .- 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 CERTIFICATIOO OF PFA CCNl':EMPI' CASE DI- ~ ~~, NAKE &/"+0." ~> r:<>~ 1)0 HVl_ ('JI'lJ1rt- ~VaL bCtrctnJvS p,A {Hlfr- $ 100..66 BALANCE DUE: _ VICTIM'S tAME: Iv\ -e ~j %{L /ie hJYJ , , ADD DELETE $ $ $ $ $ $ $ 15.00 $ $ 15.00 $ $ t oV ,1i1J $ CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP PROTHONOTARY OFFICE PERSON CERTJFYING INFORMATJON DA ~,-:-:-r - ~-~- I. ~W"'iC:;'0~jf!f'~~~ , ~ [-, -" ,- ,~ -I PC- -