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TIFFANY MYERS IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
FRANK FLOYD NO. 99-2912 CIVIL TERM
ORDER OF COURT
AND NOW, this ?- day of JUNE, 1999, the Protection
from Abuse hearing scheduled for. July 26, 1999, is continued.
The new scheduled date and time is Wednesday, August 18, 1999, at
3:00 p.m. in Courtroom # 5.
By the Cc
Edward E. Guido, J.
Joan Carey, Esquire
For the Plaintiff
Mr. Frank Floyd
1491 Newville Road
Carlisle, Pa. 17013
:sld
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OF TI 17 pn..•')•r ` OTARY
99 JUN -2 AM 10: 0
CUMC{?ri(?'V ID COUNTY
PENNSYLVANIA
TIFFANY LYN MYERS,
Plaintiff
V.
FRANK FLOYD, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
99-2912 CIVIL TERM
ORDER OF COURT
AND NOW, this 18th day of May, 1999, at the
request of the Defendant, this matter is continued until
July 26, 1999, at 8:30 a.m. Pending said hearing, our
temporary protection from abuse order dated May 14, 1999,
shall remain in full force and effect.
By the Cour
Joan Carey, Esquire
Legal Services, Inc.
8 Irvin Row
Carlisle, PA 17013
Counsel for Plaintiff
Karl E.Rominger, Esquire
Law Offices of Bradford Orr
50 East High Street
Carlisle, PA 17013
For the Defendant
It
Edward E. Guido, J.
Ct?::? r -&g:5AI/59.
COPIES MAILED ON: MAY 1 s 1999
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Tiffany Lyn Myers, :IN THE COURT OF COMMON PLEAS
Plaintiff.
:OF CUMBERLAND COUNTY, PENNSYLVANIA
VS. o
NO. 99 CIVIL TERM
Frank Floyd, Jr.,
Defendant :PROTECTION FROM ABUSE AND CUSTODY
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following papers, y:;u must appear at the hearing scheduled herein. If
you fail to do so, the case may proceed against you and a FINAL Order may be entered
against you granting the relief requested in the Petition. In particular, you may be
evicted from your residence and lose other important rights.
A hearing on this matter is scheduled for the s &day of May, 1999, at/J-Lao
.m., in Courtroom No. of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by
the court after notice and hearing. If you disobey this order, the police may arrest
you. Violation of this Order may subject you to a charge of indirect criminal
contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in
jail under 23 Pa.C.S. 96114. Violation may also subject you to prosecution and
criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C.
§2265, this Order is. enforceable anywhere in the United States, tribal lands, U.S.
Territories and the Commonwealth of Puerto Rico. If you travel outside of the state
and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 U.S.C. §2261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE
A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER
FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT FIND
A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
them 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.
CF T
Tiffany Lyn Myers,
Plaintiff
VS.
Frank Floyd, Jr.,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY,PENNSYLVANIA
:NO. 99 - oq/,o CIVIL TERM
:PROTECTION FROM ABUSE
:CUSTODY
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Frank Floyd, Jr.
Defendant's Date of Birth: 9/21/80
Defendant's Social Security Number: unknown to Plaintiff
Name of Protected Person: Tiffany Lyn Myers
AND NOW, this / C? day of May, 1999, upon consideration of
the attached Petition for Protection from Abuse, the court hereby
enters the following Temporary order:
® 1. Defendant shall not abuse, harass, stalk or threaten any
of the above persons in any place where they might be found.
? 2. Defendant is evicted and excluded from Plaintiff's
residence located at , Cumberland County, Pennsylvania, (a
residence which is jointly owned/leased by the parties;
owned/leased by the entireties; owned/leased solely by
Plaintiff /Defendant to which Plaintiff and the minor child/ren
moved to avoid abuse, which is not owned or leased by the
Defendant, or any other permanent or temporary residence where
Plaintiff may live. Plaintiff is granted exclusive possession of
the residence. Defendant shall have no right or privilege to
enter or be present on the premises, except for the limited
purpose of transferring custody of the parties' child/ren.
Defendant shall remain in his vehicle at all times during the
transfer of custody.)
0 3. Except for such contact with the minor child as may be
permitted under Paragraph 5 of this order, Defendant is
prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to any contact at
Plaintiff's school or place of employment. Defendant is
specifically ordered to stay away from the following locations
for the duration of this order: Plaintiff's residence located at
8 Adams Road, Carlisle, Cumberland County, Pennsylvania, a
residence which is not owned or leased by Defendant, and any
other residence Plaintiff may establish.
® 4. Except for such contact with the minor child as may be
permitted under Paragraph 5 of this Order, Defendant shall not
contact Plaintiff by telephone or by any other means, including
through third persons.
0 5. Pending the outcome of the final hearing in this matter
Plaintiff is awarded temporary custody of the following minor
child: Devante Rashaan Floyd.
Until the final hearing, all contact between Defendant and the
child shall be limited to the following: times agreed upon by the
parties with Defendant giving Plaintiff a twenty-four hour notice
of his request for partial custody. The child is to be picked up
and dropped off at the Plaintiff's residence by the paternal
grandparents when there is an exchange of custody.
The local law enforcement agency in the jurisdiction where the
child is located shall ensure that the child is placed in the
care and control of Plaintiff in accordance with the terms of
this order.
® 6. Defendant shall immediately relinquish the following
weapons to the Sheriff's Office or a designated local law
enforcement agency for the delivery to the Sheriff's Office: any
weapons Defendant owns - he has stated to Plaintiff that he has
two guns.
Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this Order.
® 7. The following additional relief is granted:
The Cumberland County Sheriff's Department shall attempt to
make service at Plaintiff's request and without pre-payment of
fees, but service may be accomplished under any applicable Rule
of Civil Procedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this order to. Defendant by
mail.
This Order shall remain in effect until modified or
terminated by the Court and can be extended beyond its original
expiration date if the Court finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
Defendant is required to relinquish to the sheriff any
firearm license Defendant may possess. Defendant"s weapons and
firearm license may be returned at the expiration of the
Protection Order after Defendant has submitted a written request
to the Court for the return of the weapons and the Court has
notified Plaintiff of the request and given Plaintiff an
opportunity to respond. A copy of this order shall be
transmitted to the chief or head of the Pennsylvania State Police
Department and the sheriff of Cumberland County.
Defendant is to refrain from harassing Plaintiff's
relatives.
® 8. A certified copy of this Order shall be provided to the
police department where Plaintiff resides and any other agency
specified hereafter: Carlisle and Pennsylvania State Police
Departments.
O 9. THIS ORDER SUPERSEDES ? ANY PRIOR PFA ORDER AND ? ANY PRIOR
ORDER RELATING TO CHILD CUSTODY
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE
AND HEARING.
NOTICE TO
Defendant is hereby notified that violation of this Order
may result in arrest for indirect criminal contempt, which is
punishable by a fine of up to $1,000.00 and/or up to six months
in jail. 23 Pa.C.S. 56114. Consent of Plaintiff to Defendant's
return to the residence shall not invalidate this order, which
can only be changed or modified through the filing of appropriate
court papers for that purpose. 23 Pa.C.S. 56113. Defendant is
further notified that violation of this Order may subject him/her
to state charges and penalties under the Pennsylvania Crimes Code
and to federal charges and penalties under the Violence Against
Women Act, 18 U.S.C. 55 2261-2262. Any Protection order granted
by a court may be considered in any subsequent proceedings,
including child custody proceedings, under title 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have
jurisdiction over Plaintiff's residence OR any locations where a
violation of this order occurs OR where Defendant may be located.
If Defendant violates Paragraphs 1 through 6 of this Order,
Defendant may be arrested on the charge of Indirect Criminal
Contempt. An arrest for violation of this Order may be made
without warrant, based solely on probable cause, whether or not
the violation is committed in the presence of law enforcement.
Subsequent to an arrest, the law enforcement officer shall
seize all weapons used or threatened to be used during the
violation of this order OR during prior incidents of abuse.
Weapons must forthwith be delivered to the Sheriff's office of
the county which issued this order, which office shall maintain
possession of the weapons until further Order of this Court,
unless the weapon/s are evidence of a crime, in which case, they
shall remain with the law enforcement agency whose officer made
the arrest.
Joan Carey
Attorney for Plaintiff
BY THE COURT,
YK7 ?Z Z D ;oJ
i o(fwA Judge
J
Tiffany Lyn Myers,
Plaintiff
V8.
Frank Floyd, Jr.,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - ()91a CIVIL TERM
:PROTECTION FROM ABUSE
:CUSTODY
PETITION FOR PROTECTION FROM ABUSE
COUNT I
1. Plaintiff's name is Tiffany Lyn Myers.
2. The name of the person who seeks protection from abuse is
Tiffany Lyn Myers.
3. Plaintiff's address is 8 Adams Road, Carlisle,
Pennsylvania.
4. Defendant is believed to live at the following address:
1491 Newville Road, Carlisle, Pennsylvania.
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is 9/21/80.
Defendant is unemployed.
5. Defendant is Plaintiff's former intimate partner.
6. Defendant has been involved in the following criminal
court action: In Mav 1998 Defendant was placed on six months
probation for simple assault.
7. Plaintiff seeks temporary custody of the following child:
Name Address Birthdates
Devante Rashaan Floyd 8 Adams Rd. 1-2-98
Carlisle, PA
8. Plaintiff and Defendant are the parents of the following
minor child:
Names
Ace
Address
Devante Rashaan Floyd
1 year old
8 Adams Road
Carlisle, PA
9. The following information is provided in support of
Plaintiff's request for an Order of child custody:
(a) The child was born out of wedlock.
(b) The child is presently in the custody of Plaintiff,
Tiffany Lyn Myers, who resides at 8 Adams Road, Carlisle,
Cumberland County, Pennsylvania.
(c) Since his birth the child has resided with the following
persons and at the following addresses:
Persons child
Child's name lived with Address When
Devante Rashaan Plaintiff and 8 Adams Road 1-2-98 to
Floyd Gilbert and Kay Carlisle, PA Present
Williams
(d) Plaintiff, the mother of the child, is currently residing
at, 8 Adams Road, Carlisle, Cumberland County, Pennsylvania.
(e) She is single.
(f) Plaintiff currently resides with the following persons:
Fume Relationshiv
Gilbert and Kay Williams Grandparents
(g) Defendant, the father of the child is, currently residing
at 1491 Newville Road, Carlisle, Cumberland County, Pennsylvania.
(h) He is single.
(i) Defendant currently resides with the following persons:
Name Relationship
Frank and Beverly Floyd Parents
(j) Plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in
this or any other Court.
(k) Plaintiff has no knowledge of any custody proceedings
concerning this child pending before a court in this or any other
jurisdiction.
(1) Plaintiff does not know any person not a party to this
action who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
(m) The best interests and permanent welfare of the minor
child will be met if custody is temporarily granted to Plaintiff
pending a hearing in this matter for reasons including the fact
that Plaintiff is a responsible parent who has provided for the
emotional and physical needs of the child since his birth, and
who can best continue to take care of the minor child.
10. The facts of the most recent incident of abuse are
as follows:
On or about May 10, 1999, Defendant became angry at
Plaintiff and threatened that there would be a "blood
bath" at the prom. Defendant threatened to shoot
Plaintiff and her prom date. Defendant further
threatened, " You'll both get what's coming to you,"
causing Plaintiff to fear for her life and that of her
friends. The Carlisle State Police were called and
Defendant was charged with terroristic threats.
11. Defendant has committed the following prior acts of abuse
against Plaintiff:
In or about January, 1999, Defendant became enraged at
Plaintiff and threatened to kill her causing her to fear
for her life.
12. Defendant has used or threatened to use the following
weapons against Plaintiff: Guns.
13. The following police departments or law enforcement
agencies in the area in which Plaintiff lives should be provided
with a copy of the Protection Order: The Carlisle and
Pennsylvania State Police Departments.
14. There is an immediate and present danger of further abuse
from the Defendant.
15. Plaintiff is asking the Court order Defendant to stay
away from the residence at 8 Adams Road, Carlisle, Pennsylvania
which is owned by Plaintiff's grandparents, Gilbert and Kay
Williams.
16. Defendant owes a duty of support to the minor child.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or
stalking Plaintiff in any place where Plaintiff may be found.
B. Order Defendant to stay away from Plaintiff's residence and
prohibit Defendant from attempting to enter any temporary or
permanent residence of Plaintiff.
C. Award Plaintiff temporary custody of the minor child and
place the following restrictions or contact between Defendant and
child: At times agreed upon by the parties with Defendant giving
Plaintiff a 24-hour notice.
D. Prohibit Defendant from having any contact with Plaintiff,
either in person, by telephone, or in writing, personally or
through third persons, including, but not limited to any contact
at Plaintiff's school, or place of employment, except as the
Court may find necessary with respect to partial custody with the
minor child.
E. Prohibit Defendant from having any contact with Plaintiff's
relatives, except as the court may find necessary with respect to
partial custody with the minor child.
F. Order Defendant to temporarily turn over weapons to the
Sheriff of this County and prohibit Defendant from transferring,
acquiring or possessing any such weapons for the duration of the
order.
G. Order Defendant to pay temporary support for the minor child.
H. Order Defendant to pay the costs of this action, including
filing fees, service fees, and surcharge of $25.00.
I. Order Defendant to pay $250.00 to reimburse one of Legal
Services, Inc.'s funding sources for the cost of litigation in
this case.
J. Order the following additional relief, not listed above:
a. Defendant is required to relinquish to the sheriff any
firearm license the defendant may possess. Defendant's weapons
and firearm license may be returned at the expiration of the
Protection Order after Defendant has submitted a written request
to the Court for the return of the weapons and the Court has
notified Plaintiff of the request and given Plaintiff an
opportunity to respond.
b. Defendant is to refrain from harassing Plaintiff's
relatives.
K. Grant such other relief as the court deems appropriate.
Order the police or other law enforcement agency to serve
Defendant with a copy of this Petition, any order issued, and the
order for Hearing. Plaintiff will inform the designated
authority of any addresses, other than Defendant's residence,
where Defendant can be served.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
17. The allegations of Count I above are incorporated herein
as if fully set forth.
18. The best interest and permanent welfare of the minor
child will be served by confirming custody in Plaintiff as set
forth in paragraph #9 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. Seq., and other
applicable rules and law, Plaintiff prays this Honorable Court to
award custody of the minor child to her.
Plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
10-ti-,?Qc2 _t,
??ioan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Dated: f -??'- 17
VERIFICATION
I verify that I am the Plaintiff as designated in the present
action and that the facts and statements contained in the above
Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the
penalties of 18 Pa.C.S. §4904, relating to unsworn falsification
to authorities.
Date
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-02912 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MYERS TIFFANY LYN
VS.
FLOYD FRANK JR
ROBERT L. FINK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FROM ABUSE was served
upon FLOYD FRANK JR the
defendant, at 10:00 HOURS, on the 14th day of May
1999 at 1491 NEWVILLE ROAD
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to FRANK FLOYD JR
a true and attested copy of the PROTECTION FROM ABUSE
together with AND CUSTODY, NOTICE OF HEARING & ORDER,
TEMPORARY PROTECTION FROM ABUSE
and at the same time directing His attention to the contents thereof.
Defendant stated that he had no Weapons
Sheriff's Csts: So answers:
Docketing 18.00
Service 3.10
Affidavit .00
Surcharge 8.00 . liomas ine, eri
$29.1005/14/1999
by
Sworn and subscribed to before me
this WE- day of ?Iftw
19 99 A.D.
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Tiffany Lynn Myers,
Plaintiff
VS.
Frank Floyd, Jr.,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - 2912 CIVIL TERM
:PROTECTION FROM ABUSE
:AND CUSTODY
TEMPORARY CUSTODY ORDER
AND NOW, this 3 /"?day of May, 1999, upon consideration of
the parties' Consent Agreement, the following order is entered
with regard to custody of the parties' child, Devante Rashaan
Floyd:
1. Plaintiff, hereinafter referred to as the mother, shall
have primary physical custody
2. The parties shall share legal custody of the child.
3. Defendant, hereinafter referred to as the father, shall
have the right to visitation with the child on alternate weekends
from Friday at 4:00 p.m. until Sunday at 4:00 p.m. and each
Wednesday from 4:00 p.m. until 8:00 p.m. The father's periods of
visitation shall take place in the presence and at the home of
the paternal grandmother and/or grandfather.
4. There shall be reasonable notice given to the other
party if a scheduled period of partial custody needs to be
canceled or modified and a make-up period shall be offered within
a reasonable time frame.
5. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
child is in that parent's care.
6. The paternal grandmother and/or grandfather shall
provide transportation for the father's periods of custody and
shall facilitate any schedule changes which may become necessary.
7. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child
as to the other parent or which may hamper the free and
natural development of the child's love or respect for the other
parent.
By the Court,
Edward E. Guido, Judge
If entered pursuant to the consent of Plaintiff and Defendant:
f
=zq, J ., `.endant
J Karl Rominger
Attorney for Defendant
Attorney for Plaintiff
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Tiffany Lynn Myers,
Plaintiff
Vs.
Frank Floyd, Jr.,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - 2912 CIVIL TERM
:PROTECTION FROM ABUSE
:AND CUSTODY
FINAL ORDER OF COURT
Defendant's Name: Frank Floyd, Jr.
Defendant's Date of Birth: 9/21/80
Defendant's Social Security Number: unknown to Plaintiff
Name of Protected Person: Tiffany Lyn Myers
AND NOW, this 1 5440'\ day of August,1999, the court having
jurisdiction over the parties and the subject-matter, it is
ORDERED, ADJUDGED, and DECREED as follows:
Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.;
Defendant is represented by Karl Rominger, Attorney-at-Law. The
parties agree that the following may be entered as an order of
Court. Defendant, although agreeing that an Order may be
entered, does not admit to the allegation made in the Petition.
? Plaintiff's request for a Final Protection Order is denied OR
® Plaintiff's request for a Final Protection Order is granted.
® 1. Defendant shall not abuse, stalk, harass, threaten
Plaintiff or any other protected person in any place where they
might be found.
? 2. Defendant is completely evicted and excluded from the
residence at *[NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS
EXCLUDED) or any other residence where Plaintiff may live.
Exclusive possession of the residence is granted to Plaintiff.
Defendant shall have no right or privilege to enter or be present
on the premises.
? On [Insert date and time], Defendant may enter the residence
to retrieve his/her clothing and other personal effects, provided
that Defendant is in the company of a law enforcement officer
when such retrieval is made.
® 3. Except as provided in Paragraph 5 of this Order, Defendant
is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to any contact at
Plaintiff's school or place of employment. Defendant is
specifically ordered to stay away from the following locations
for the duration of this Order: Plaintiff's residence located at
8 Adams Road, Carlisle, Cumberland County, Pennsylvania, and any
other residence Plaintiff may establish for herself in the
future.
® 4. Except as provided in Paragraph 5 of this Order, Defendant
shall not contact Plaintiff by telephone or by any other means,
including third parties, except to facilitate custody of the
minor child.
® 5. Custody of the minor child, Devante Rashaan Floyd, shall
be as follows: see attached Custody order.
® 6. Defendant shall immediately turn over to the Sheriff's
Office, or to a local law enforcement agency for delivery to the
Sheriff's Office, the following weapons used or threatened to be
used by Defendant in an act of abuse against Plaintiff: any
weapons Defendant owns or has in his possession.
® 7. Defendant is prohibited from possessing, transferring or
l'
acquiring any other weapons for the duration of this Order. Any
weapons delivered to the sheriff under Paragraph 6 of this Order
or under Paragraph 6 of the Temporary Order shall not be returned
until further Order of Court.
08. The following additional relief is granted as authorized
?1.
08. The following additional relief is granted as authorized
by 56108 of this Act:
a. This Order shall remain in effect until modified or
terminated by the Court and can be extended beyond its original
expiration date if the Court finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
b. Defendant is required to relinquish to the sheriff any
firearm license Defendant may possess. Defendant's weapons and
firearm license may be returned at the expiration of the
Protection Order after Defendant has submitted a written request
to the Court for the return of the weapons and the Court has
notified Plaintiff of the request and given Plaintiff an
opportunity to respond. A copy of this order shall be
transmitted to the chief or head of the Pennsylvania State Police
Department and the sheriff of Cumberland County.
C. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
d. Defendant is to refrain from harassing Plaintiff's
relatives.
e. The court costs and fees are waived.
? 9. Defendant is directed to pay temporary support for [insert
the names of the persons for whom support is to be paid]
as follows: [insert amount,
frequency and other terms and conditions of the support order]
This Order for support shall remain in effect
until a final support order is entered by this Court. However,
this order shall lapse automatically if Plaintiff does not file a
complaint for support with the court within fifteen days of the
date of this Order. The amount of this temporary order does not
necessarily reflect Defendant's correct support obligation, which
shall be determined in accordance with the guidelines at the
support hearing. Any adjustments in the final amount of support
shall be credited, retroactive to this date, to the appropriate
party.
? 10. The costs of this action are waived as to Plaintiff and
imposed on Defendant.
? il. Defendant shall pay $* to Plaintiff as compensation for
Plaintiff's out-of-pocket losses, which are as follows:
OR
? Plaintiff is granted leave to present a petition, with
appropriate notice to Defendant, to (insert the name of the judge
or court to which the petition should be presented] requesting
recovery of out-of-pocket losses. The petition shall include an
exhibit itemizing all claimed out-of-pocket losses, copies of all
bills and estimates of repair, and an order scheduling a hearing.
No fee shall be required by the Prothonotary's office for the
filing of this petition.
? 12. BRADY INDICATOR
1.? Plaintiff or protected person(s) is a spouse, former spouse,
a person who cohabitates or has cohabited with Defendant, a
parent of a common child, a child of that person, or a child of
Defendant.
2.0 This order is being entered after a hearing of which
Defendant received actual notice and had an opportunity to be
heard.
3.0 Paragraph 1 of this order has been checked to restrain
Defendant from harassing, stalking, or threatening Plaintiff or
protected person(s).
4.0 Defendant represents a credible threat to the physical
safety of Plaintiff or other protected person(s) OR
? The terms of this order prohibit Defendant from using,
attempting to use, or threatening to use physical force against
Plaintiff or protected person that would reasonably be expected
to cause bodily injury.
® 13. THIS ORDER SUPERCEDES ® ANY PRIOR PFA ORDER AND ® ANY
PRIOR ORDER RELATING} TO CHILD CUSTODY.
14. All provisions of this Order shall expire in one year.
NOTICE TO DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A
FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS.
23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS
ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF
PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C.
52265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL
PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261-2262. IF
PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT
TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS
OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiff's residence
OR any location where a violation of this Order occurs OR where
Defendant maybe located, shall enforce this Order. An arrest
for violation of Paragraphs 1 through 7 of this order may be
without warrant, based solely on probable cause, whether or not
the violation is committed in the presence of the police. 23
Pa.C.S. §6113.
Subsequent to an arrest, the police officer shall seize all
weapons used or threatened to be used during the violation of the
Protection Order or during prior incidents of abuse. The [insert
the appropriate name or title] shall maintain possession of the
weapons until further order of this Court. When Defendant is
placed under arrest for violation of the Order, Defendant shall
be taken to the appropriate authority or authorities before whom
Defendant is to be arraigned. A "Complaint for Indirect Criminal
Contempt" shall then be completed and signed by the police
officer OR Plaintiff, Plaintiff's presence and signature are not
required to file the complaint.
If sufficient grounds for violation of this Order are
alleged, Defendant shall be arraigned, bond set and both parties
given notice of the date of the hearing.
BY THE:,;
OURT,
Edward E. Guido, Judge
If entered pursuant to the consent of Plaintiff and Defendant:
;.Tr ya, Jr.,DEffendant
Karl Rominger
Attorney for Defendant
LEGAL SERVICES, INC. LAW OFFICES OF PAUL ORR
8 Irvine Row 50 East High Street
Carlisle, PA 17013 Carlisle, PA 17013
(717) 243-9400 (717) 258-8558
Attorney for Plaintiff
FILEC?CFFICE
OF T?' F;r71.;01e0TARY
99 AUG 19 All 8: 93
CUI BEtilAA) COUNTY
PENNSYLVANIA
Tiffany Lynn Myers,
Plaintiff
VS.
Frank Floyd, Jr.,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - 2912 CIVIL TERM
:PROTECTION FROM ABUSE
:AND CUSTODY
CUSTODY ORDER
AND NOW, this WS "`day of August, 1999, upon consideration
of the parties' Consent Agreement, the following Order is entered
with regard to custody of the parties' child, Devante Rashaan
Floyd, D.O.B. 1/2/98.
1. Plaintiff, hereinafter referred to as the mother, shall
have primary physical custody
2. The parties shall share legal custody of the child.
3. Defendant, hereinafter referred to as the father, shall
have the right to visitation with the child on alternate weekends
from Friday at 4:00 p.m. until Sunday at 4:00 p.m. and each
Wednesday from 4:00 p.m. until 8:00 p.m. The father's periods of
visitation shall take place in the presence and at the home of
the paternal grandmother and/or grandfather.
4. There shall be reasonable notice given to the other
party if a scheduled period of visitation needs to be canceled or
modified and a make-up period shall be offered within a
reasonable time frame.
5. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
child is in that parent's care.
6. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child
as to the other parent or which may hamper the free and
1
natural development of the child's love or respect for the other
parent.
By the Court,
Edward E. Guido, Judge
If entered pursuant to the consent of Plaintiff and Defendant:
ffAhy b"n Myers
Joan Carey
Attorney for Plaintiff
f Frank Wbycff,Jr., Defendant
r
Karl Rominger
Attorney for Defendant
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
LAW OFFICES OF PAUL ORR
50 East High Street
Carlisle, PA 17013
(717) 258-8558
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Tiffany Lyme Myers,
Frank Floyd, Jr.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-2912 CIVIL TERM
Defendant : PROTECTION FROM ABUSE
: AND CUSTODY
ORDER OF COURT
AND NOW, this P day of March, 2000, upon consideration of the attached Petition, the
Final Protection Order in the above-captioned case entered on August 19, 1999, is hereby vacated
without prejudice to Plaintiff. The Custody Order of August 19, 1999, remains in effect pending
further Order of Court.
A certified copy of this Order shall be provided to the Pennsylvania State and Carlisle Police
Departments by Plaintiffs attorney.
By the C rt,
Joan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle. PA 17013
Karl Rominger
Attorney for Defendant
Law Offices of Paul Orr
50 East High Street
Carlisle, Pa 17013
Edward E. Guido, Judge
6°' 911"d
,?y /_S l? 3-3-00 RKg
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Tiffany Lynn Myers,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
Frank Floyd, Jr.,
Defendant
NO. 99-2912 CIVIL TERM
PROTECTION FROM ABUSE oCD
AND CUSTODY vcv
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Plaintiff, Tiffany Lynn Myers, by and through her attorney, Joan Carey, of
Inc., requests that the Court vacate the Final Protection Order in the above-captioned case on the
grounds that:
I . A Petition for Protection From Abuse was filed and a Temporary Protection From
Abuse Order was issued by this Court on May 31, 1999
2. An agreement was reached by the parties and a Final Protection Order and Consent
Agreement was signed and entered on August 19, 1999.
3. As of this date, the parties have resolved their differences.
4. Plaintiffrequests that the Final Protection Order be vacated without prejudice to her.
5. The Custody Order of August 19, 1999, remains in effect pending further Order of
Court.
6. A certified copy of this Order will be provided to the Carlisle and Pennsylvania State
Police by the attorney for Plaintiff.
WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate
the Final Protection Order, but keep in effect the Custody Order of August 19, 1999.
Respectfully submitted,
/"Joan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
I verify that I am the Plaintiff as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904,
relating to unswom falsification to authorities.
Dated:_. _Z_
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Tiff'any?iim