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Clacd. 05119,W 11 17 15 AM
R6h,d 051210*0951. 19AM
97.10 1
HILLARY A. SUNDAY,
Plaintiff
VS.
JOSEPH M. BYLE,
Defendant
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA.
NO. 99- 3p'?9 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the
case may proceed against you and a FINAL Order may be entered against you granting the relief
requested in the Petition. In particular, you may be evicted from your residence and lose other
important rights.
A HEARING ON THIS MATTER IS SCHEDULED ON 919999
AT13-00, IN COURTROOM NO. .5?01? THE
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA.
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. §6114. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18
U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories
and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate
this Order, you may be subject to federal criminal proceedings under the Violence Against Women
Act, 18 U.S.C. § 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer
represent you at the hearing. The court will not, however, appoint a lawyer for you. If you
do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find
out where you can get legal help. If you cannot find a lawyer, you may have to proceed
without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)249-3166
AMERICANS WITH DISABILITIES TOF1990
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.
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HILLARY A. SUNDAY, THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 99- J0 7 ? CIVIL TERM
JOSEPH M.BYLE,
Defendant PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION FROM ABIISF. ORDER
Defendant's Name: Joseph M. Byle
Defendant's Date of Birth: March 13, 1979
Defendant's Social Security Number: Unknown
Names of all Protected Persons, including Plaintiff and minor child: Hillary A. Sunday, and her son,
Tyler Cluistian Sunday, born March 2, 1999.
AND NOW, this allay of 99 1 ' `o'j' , 1999, upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary Order:
A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or
minor child in any place where Plaintiff may be found.
B. Exclude Defendant from Plaintiff s residence and prohibit Defendant from attempting
to enter any temporary or permanent residence of the Plaintiff.
C. Prohibit Defendant from waiting, or parking his car, within view of the following,
or the approaches to the following:
i. Plaintiffs apartment at 453 First Street (Second Floor, College Park
Apartments), Carlisle, PA 17013.
ii. Plaintiffs parent's house at 9 East Main Street, New Kingstown, PA
iii. Plaintiffs employment at Bob Evans Restaurant, 1400 Harrisburg Pike,
Carlisle, PA 17013.
D. Award Plaintiff temporary custody of the minor, Tyler Christian Sunday, born March
2, 1999, excepting, only, that Defendant shall have such custody or visitation of the
said child at such time and place as the parties may agree.
E. Prohibit Defendant from having any contact with Plaintiff and/or Tyler Christian
Sunday, born March 2, 1999, either in person, by telephone, or in writing, personally
or through third persons, including, but not limited to, any contact at Plaintiffs place
of employment, Plaintiff's residence or Plaintiffs parent's residence, except as the
Court may find necessary with respect to partial custody and/or visitation with the
minor child.
F. Prohibit Defendant from having any contact with Plaintiffs parents, Tom and Shenyl
Sunday, 9 East Main Street; New Kingstown, PA, except as the Court may find
necessary with respect to partial custody and visitation with Tyler Christian Sunday
born March 2, 1999.
G. Grant such other relief as the Court deems appropriate.
H. 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. The Plaintiff will inform
the designated authority of any addresses, other than Defendant's residence, where
Defendant can be served.
9. THIS ORDER SUPERSEDES PRIOR PFA ORDER AND ANY PRIOR ORDER
RELATING TO CHILD CUSTODY.
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
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. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate
this Order, which can only be changed or modified through the filing of appropriate court papers for
that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may
subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, IS U.S.C. §§ 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.
NO'T'ICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the Plaintiffs
residence, Plaintiffs parent's residence, Plaintiff's employment OR any locations where a violation
of this order occurs OR where the 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 Sheriffs office of the county which issued this Order,
which office shall maintain possession of the weapons until further Order of this Court, unless the
weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency
whose officer made the arrest.
BY THE CO ,
,s11;1/J`'7 ,J
Date:
P.49uSmnrnru.rlcLNDOC9 97;0.ITA I
CrcnN. 05119N9 I 119..:8 AM
ItOi?N 05120 09.A IOAAI
HILLARY A. SUNDAY,
Plaintiff
is
VS.
JOSEPH M. BYLE,
i
Defendant
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- YvY 9 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
-COUNT I
1. The Plaintiff.is Hillary A. Sunday.
2. This Petition is filed on behalf of Hillary A. Sunday, and Tyler C. Sunday, born
March 2, 1999, who is Plaintiff's son.
3. Plaintiffs address is: 453 First Street (Second Floor, College Park Apartments),
Carlisle, PA 17013.
4. Defendant is believed to live at the following address: 4633 S. Clearview Drive,
Camp Hill, PA 17011.
Defendant's Social Security Number is unknown.
Defendant's date of birth is March 13, 1979.
Defendant's place of employment is Pierce Leahy Corp., New Cumberland.
Defendant is 20 years old.
5. Defendant is Plaintiffs ex-boyfriend and the father of her son.
6. Plaintiff and Defendant have been involved in the following court actions for divorce,
custody, support, or protection from abuse: None.
7. Defendant has been involved in the following criminal court action: No.
8. Plaintiff seeks temporary custody of the following child:
Name A.dtltess. Hitthdate
Tyler Christian Sunday 453 First Street March 2, 1999
Second Floor
College Park Apartments
Carlisle, PA 17013
9. Plaintiff and Defendant are the parents of the following minor child/ren:
Nance Age
Tyler Christian Sunday 2 months
10. There is no existing Court Order regarding custody of the parties' children, entered
by the Cumberland Court,
The following information is provided in support of Plaintiffs 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, who resides at 453 First Street,
Second Floor, College Park Apartments, Carlisle, PA 17013 and has resided solely
with Plaintiff since his birth on March 2, 1999, except for occasional visitations with
his father, Defendant Joseph M. Byle.
C) Plaintiff, the mother of the child is, currently residing as aforesaid.
d) She is single and has never been married.
e) Plaintiff currently resides with the following person/s:
N me
Relationshir
Christian Tyler Sunday Son
f) Defendant, the father of the child, currently resides at 4633 S. Clearview Drive,
Camp Hill, PA 17011.
g) He is single and has never been married.
11) Defendant currently resides with the following person/s.
Nam Relationship
James and Donna Byle Parents
i) Neither party has previously participated in any litigation concerning custody of the
above mentioned child in this or any other Court.
j) There are no custody proceedings concerning this child pending before a court in this
or any other jurisdiction.
k) There are no other persons 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.
1) The best interests and permanent welfare of the minor child will be met if custody
is granted to Plaintiff pending a hearing, and thereafter, for reasons including:
1) Plaintiff is a responsible parent who has provided for the emotional and
physical needs of the child since his birth, and who can best take care of him.
J 2) Defendant has shown by his abuse of Plaintiff and other irrational behavior,
j that lie is not an appropriate role model for the minor child.
11. The facts of the most recent incident of abuse are as follows:
Approximate Date: Sunday, May 16, 1999
I Approximate Time: 10:30 p.m.
i
Place: Plaintiff's apartment
12. When Plaintiff returned to her apartment about 10:30 p.m. on Sunday night, she
observed Defendant's car parked outside. Plaintiff at that time was carrying the baby in a car seat.
Defendant, who had been drinking, repeatedly asked Plaintiff to come over so he could talk to her.
Plaintiff had previously and repeatedly told Defendant that she did not want a relationship with him
and did not want to discuss it further. Defendant told Plaintiff that he "will not let you break up with
me." Defendant forced himself into Plaintiffs apartment as Plaintiff had to open the door wide to
get the baby and car seat in. Defendant was loud and angry. Several of the neighbors came out.
Inside the apartment, Defendant repeatedly refused to leave and insisted on wanting to "talk" with
Plaintiff. The baby woke up and began to cry. Although Defendant never actually laid hands on
Plaintiff, he was obviously angry and out of control, occasionally throwing things, and Plaintiff was
fearful that she could be hurt if she didn't handle the situation well. After about 30 minutes of
trying to calm Defendant down, Plaintiff threatened to call the police if he wouldn't leave.
Defendant finally left. Ten minutes later, Plaintiff received a telephone call and it was Defendant
calling on his cellular phone. He threatened to kill himself "because you don't love me." She could
hear him revving the engine in his pick-up truck. After about five minutes of trying to reason with
him, Plaintiff finally hung up the phone.
13. Nothing that Defendant said or did as aforesaid concerned the child. It was all
focused on attempting to maintain his relationship with Plaintiff against the wishes of Plaintiff.
14. Defendant has committed the following prior acts of abuse against Plaintiff:
a. The previous night, Saturday, May 15, 1999, Defendant also entered
Plaintiffs apartment through the unlocked front door, while Plaintiff was
carrying things in and out. This was against her wishes that she had made
known to him on that occasion and prior occasions.
b. Plaintiff and Defendant had a relationship as a result of which Plaintiff
became pregnant with Defendant's child. Due to continued obsessive
behavior towards Plaintiff, angry outbursts and threats against her, Plaintiff
terminated the relationship prior to the birth of the child; however, Defendant
has steadfastly refused to accept that.
i. In addition to the above specific incidents, Defendant has repeatedly
come to Plaintiffs apartment, her parent's home and her place of
employment, all against her wishes that she has communicated
clearly to him. On numerous occasions, Defendant has continuously
rung the doorbell of Plaintiff's apartment, sometimes for as long as
an hour, until Plaintiff would go down and talk to him.
ii. Defendant repeatedly follows Plaintiff about and sets up surveillance
at her home and her parent's home; that is, Defendant parks in view
of her home and. her parent's home, waiting for her to come home,
and apparently checking to see if she is with anybody.
iii. Defendant has repeatedly accused Plaintiff of "cheating" on him, and,
when this is denied by Plaintiff, Defendant has stated that he would
kill her if he found out she had been seeing anyone else.
C. Although Defendant has not physically struck Plaintiff since the birth of the
child, he usually appears out of control, or almost out of control, when he
forces his way into the presence of Plaintiff, putting Plaintiff in fear of
imminent bodily injury unless she agrees to "talk" to him.
15. Plaintiff's parents are Thomas and Shenyl Sunday, who reside at 9 East Main Street,
New Kingstown, PA. Defendant frequently parks in her parent's driveway waiting for her to come
home, then appearing at her parent's door minutes after Plaintiff herself arrives there, all to the
annoyance and alarm of her parents.
16. Defendant has never used or threatened to use a weapon again Plaintiff or the child.
17. The following police department/s or law enforcement agency/ies in the area in which
Plaintiff lives should be provided with a copy of the Protection Order: Carlisle Borough Police
Department, Middlesex Police Department and Silver Spring Township Police Department.
18. There is an inunediate and present danger of further abuse from Defendant.
WHEREFORE, Plaintiff requests that the Court enter a Temporary Order, and afler hearing,
a Final Order that would do the following:
A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff
and/or minor child in any place where Plaintifl'may be found.
B. Exclude Defendant from Plaintiffs residence and prohibit Defendant from
attempting to enter any temporary or permanent residence of the Plaintiff.
C. Prohibit Defendant from waiting, or parking his car, within view of the
following, or the approaches to the following:
i. Plaintiff's apartment at 453 First Street (Second Floor, College Park
Apartments), Carlisle, PA 17013
ii. Plaintiff's parent's house at 9 East Main Street, New Kingstown, PA
iii. Plaintiffs employment at Bob Evans Restaurant, 1400 Harrisburg Pike,
Carlisle, PA
D. Award Plaintiff temporary custody of the minor, Tyler Christian Sunday, born
March 2, 1999, excepting, only, that Defendant shall have such custody or
visitation of the said child at such time and place as the parties may agree.
E. Prohibit Defendant from having any contact with Plaintiff and/or Tyler Christian
Sunday, born March 2, 1999, either in person, by telephone, or in writing,
personally or through third persons, including, but not limited to, any contact at
Plaintiffs place of employment, Plaintiff's residence or Plaintiff's parent's
residence, except as the Court may find necessary with respect to partial custody
and/or visitation with the minor child.
F. Prohibit Defendant from having any contact with Plaintiffs parents, Tom and
Sherryl Sunday, 9 East Main Street, New Kingstown, PA except as the Court
may find necessary with respect to partial custody and visitation with Tyler
Christian Sunday bom March 2, 1999.
G. Grant such other relief as the Court deems appropriate.
H. 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. The Plaintiff will
inform the designated authority of any addresses, other than Defendant's residence,
where Defendant can be served.
19. The allegations of Count I above are incorporated herein as if fully set forth.
20. The best interest and permanent welfare of the minor child, Tyler Christian Sunday,
born March 2, 1999 will be served by confirming custody in Plaintiff as set forth in paragraph 10(1)
(1-2) ofthePetition.
WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 eL Seq., and other applicable rules and law,
Plaintiff prays this Honorable Court to award custody of the minor child, Tyler Christian Sunday to
her. Plaintiff prays for such other relief as may be just and proper.
MARTSON DEARDORFF WILLIAMS & OTTO
By
Thomas J. illia s, Esquire
Ten East Hi treet
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: May 20, 1999
Y.IFILMMATAI I I. Ii'OIiNI%)Cn,97]0-%TR 3
Cmmol 01/17/99 W 4e D I'M
RNIO 05IM1990349491'RI
VRRIFICA_ TIQN
The foregoing Protection from Abuse Petition is based upon information which has been
gathered by my counsel in the preparation of the lawsuit. The language of the document is that of
counsel and not my own, I have read the document and to the extent that it is based upon
information which I have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the document is that of counsel, I have
relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unswom falsification to authorities, which provides that if I make knowingly false
ave
rments, I may be subject to criminal penalties.
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® MAY 2 1 19991
HILLARY A. SUNDAY,
Plaintiff
Vs.
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3079 CIVIL TERM
JOSEPH M. BYLE,
Defendant PROTECTION FROM ABUSE AND CUSTODY
9BDEB
AND NOW, this eday of May, 1999, in consideration of the discontinuance filed by
Plaintiff on May 24, 1999 and the attached letter from counsel, the temporary Protection from Abuse
Order entered by this Court on May 21, 1999, is hereby withdrawn and the hearing scheduled for
May 26, 1999 at 3:30 p.m. is canceled.
BY THE 9OURT
Edward Er. Guido, J.
9
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? ` MARTSON DF.ARDORFF WILLIAMS 6T QTTO
INFDRANI]ON • ADVICE • ADVOGAp
i TEN EAST HIGH STREET
CARUSLE. PENNSnvANU 17013
I TmmONE (717) 243-3341
FACSIMILE (717) 243.1850
IMvWFT wwwmdWO.L'om
May 24, 1999
VIA HANn nFr gy
The Honorable Edward E. Guido
Cumberland County Courthouse
Carlisle, PA 17013
RE: Hillary A. Sunday v. Joseph M. Byle
No. 99-3079 - Cumberland County C.C.P.
Our File No. 9720.1
i
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ATromw & CouNsz=Rs AT IAw
WILLIAM F. MARnoN
JOHN B. FowLrx III
D wIEL K. DrARnoRrr
THows J. WiwAMs
No V. Orru III
GEORGE B. FALLER JR.' .
. CARL C. MICH
BENJAMIN T. WARNER
'BOARD CmnFIM CrMTK%SMCW_Wr
Dear Judge Guido:
I have now been contacted by my client who has instr ucted that we discontinue the Protection
from Abuse action we had.started on her behalf last week; consequently, the hearing scheduled for
this Wednesday will not be-necessary.
A copy of the discontinuance is attached
No attorney has entered leis appearance, nor has one contacted me on behalf of the De
Joseph M. Byle. fendant;
A proposed Order is also enclosed.
Q
b
Very truly yours,
MARTSON DEARDORFF W.ILLIA.MS-& OTTO
TJW/tde
Enclosure
F VUWv0ATArtL cENLTR9vsW.IG I
Thomas J. Williams
INFORMATION & ADVICE • ADVOCACY1w
MARTSON DEARDORFr.V ILLIAMS Cyr 0'1"1'O
0
IM ommnoN • Am'ICE: • ADVOCACY
TEN Usi, HIGH S'1'Rax
CAR ISLE, PENNSYLVANIA 17013
TELEPHONE (717) 243-3341
FACsIAiILE (717) 243-1850
INTERNET www.mdwo.Com
ATTORNEYS & COUNSELLORS AT RAW
WILLIAM F. MARTSON
j01 1N B. FowLER III
DANIEL K. DEARDORFF
THOMAS J. WILLIAMS'
NO V. O'n'o III
GEORGE B. FALLGR JR.'
CARL C. RISCEI
BENJAMIN T. WARNER
'aOARD CERTIHEO Ovn. Taw. SPECIAL) T
May 24, 1999
VIA HAND nVT IVFRV
TJ Witde
The Honorable Edward E. Guido
Cumberland County Courthouse
Carlisle, PA 17013
RE: Hillary A. Sunday v. Joseph M. Byle
No. 99-3079 - Cumberland County C.C.P.
Our File No. 9720.1
Dear Judge Guido:
1 have now been contacted by my client who has instructed that we discontinue the Protection
from Abuse action we had started on her behalf last week; consequently, the hearing scheduled for
this Wednesday will not be necessary.
A copy of the discontinuance is attached.
No attorney has entered his appearance, nor has one contacted me on behalf of the Defendant,
Joseph M. Byle.
A proposed Order is also enclosed.
Enclosure
f A ILLS DATAI 1L1+4LNLTRW\9710 JG I
Very truly yours,
MARTSON DEAyR?DOQRF?F WILLIAMS & OTTO
Thomas J.( liams
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LEGAL SERVICES. INC. , N 1
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CARLISLE; PENNSYLVANIA 17013
' •717) 243-9400
Pax (717) 2435026 - MAY
11.''200 ?;
West Shorn (717) 7665475
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ShippensWr9 ...
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Revised, 0517e199 ON 4 100 AM
9720 i
HILLARY A. SUNDAY,
Plaintiff
Vs.
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3079 CIVIL TERM
JOSEPH M.BYLE,
Defendant PROTECTION FROM ABUSE AND CUSTODY
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter a discontinuance of the Petition for Protection from Abuse that was filed on May
21, 1999.
MARTSON DEARDORFF WILLIAMS '& OTTO
4rsc? AM a
By -
Thomas J. Wil i s, Esquire
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: May 24, 1999
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03079 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SUNDAY HILLARY A
VS.
BYLE JOSEPH M
WESLEY COOK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FROM ABUSE was served
upon BYLE JOSEPH M the
defendant, at 18:47 HOURS, on the 26th day of May
3.999 at 4633 SOUTH CLEARVIEW DRIVE
CAMP HILL, PA 17011 CUMBERLAND
County, Pennsylvania, by handing to JOSEPH M. BYLE
a true and attested copy of the PROTECTION FROM ABUSE
together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER
and at the same time directing His attention to the contents thereof.
** Attorney submitted a precipie for discontinuance of the Protection
from Abuse on 5/24/99 at 9:08 p.m., however PFA was already served**
Sheriff's Costs: So answers*
Docketing 18.00 cj
Service 8.06i4q.a
Affidavit .00
Surcharge 8.00 nas ine, ,e i
. Ub 05/24/199
by
Sworn and subscribed before me
this 144, day of tt
19 GCS A. D/
HILARY ANNE SUNDAY,
Plaintiff
for herself and on behalf of her minor child,
TYLER CHRISTIAN SUNDAY,
vs.
JOSEPH MICHAEL BYLE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3079 CIVIL TERM
PROTECTION FROM ABUSE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following papers, you must appear at the hearing scheduled herein. Ifyou 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 is matter is scheduled on the *day of May, 2000, at - m . , in
Courtroom No.oftheCumberland County Courthouse, I Courthouse Square, Carlisle, nnsylvania.
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. §6114. Violation may also subject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable
anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer represent
you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or
cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If
you cannot find a lawyer, you may have to proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
HILARY ANNE SUNDAY,
Plaintiff
for herself and on behalf of her minor child,
TYLER CHRISTIAN SUNDAY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 99-3079 CIVIL TERM
JOSEPH MICHAEL BYLE,
Defendant : PROTECTION FROM ABUSE
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's Name: JOSEPH MICHAEL BYLE
Defendant's Date of Birth: 03/13/79
Defendant's Social Security Number: Unknown
Names of Protected Persons: HILARY ANNE SUNDAY, and her minor child, TYLER
CHRISTIAN SUNDAY
AND NOW, this /_-day of May, 2000, 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 the residence at_ 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.
Q 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited, to any contact at Plaintiffs current residence, and any
other residence she may, in the future, establish for herself, her school, business; her place of
employment, and/or the day care facility of the minor child. Defendant is specifically ordered
to stay away from the following locations for the duration of this Order:
Plaintiffs current residence: 9 East Main Street
New Kingstown, Pennsylvania
CORRECTION
Previous Image
Refollmed to Correct
Possible Error
•;r
HILARY ANNE SUNDAY,
Plaintiff
for herself and on behalf of her minor child,
TYLER CHRISTIAN SUNDAY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 99-3079 CIVIL TERM
JOSEPH MICHAEL, BYLE,
Defendant : PROTECTION FROM ABUSE
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's Name: JOSEPH MICHAEL BYLE
Defendant's Date of Birth: 03/13/79
Defendant's Social Security Number: Unknown
Names of Protected Persons: HILARY ANNE SUNDAY, and her minor child, TYLER
,? CHRISTIAN SUNDAY
AND NOW, this !?day of May, 2000, upon consideration ofthe 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 the residence at _ or any other permanent
or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the
rc "ence. Defendant shall have no right or privilege to enter or be present on the premises.
3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited, to any contact at Plaintiffs current residence, and any
other residence she may, in the future, establish for herself, her school, business, her place of
employment, and/or the day care facility of the minor child. Defendant is specifically ordered
to stay away from the following locations for the duration of this Order:
Plaintiff's current residence: 9 East Main Street
New Kingstown, Pennsylvania
Plaintiff's school: Empire Beauty School
5103 Carlisle Pike
Mechanicsburg, Pennsylvania
Day care facility: Carlisle Early Education Center
100 West Pomfret Street
Carlisle, Pennsylvania
d 4. Defendant shall not contact Plaintiff by telephone or by any other means,
including through third persons.
? 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded
temporary custody of the following minor child/ren:
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
The local law enforcement agency in thejurisdiction where the child/ren are located
shall ensure that the child/ren are 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 Sheriffs Office
ora designated local law enforcement agency for the delivery to the Sheriffs Office; Dot
? 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons
for the duration of this Order.
® 8.
The following additional relief is granted:
The Cumberland County Sheriffs Department shall attempt to make service at
Plaintiffs 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 an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff and/or the minor child.
Defendant is enjoined from damaging or destroying any property owned jointly
by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
® 9. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Silver Spring Township Police Department - Plaintiffs current residence
Hampden Township Police Department - Plaintiffs school
Carlisle Police Department - Day care facility of the minor child
10. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER.
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
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.§6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate
this Order, which can only be changed or modified through the filing of appropriate court papers for
that purpose. 23 Pa.C. S. §6113. Defendant is firrther notified that violation ofthis Order may subject
him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges
and penalties under the Violence Against Women Act, 18 U. S.C. §§2261-2262. 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 Plaintiffs 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.
BY THE CO T,
Judge
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
HILARY ANNE SUNDAY,
Plaintiff
for herself and on behalf of her minor child,
TYLER CHRISTIAN SUNDAY,
vs.
JOSEPH MICHAEL BYLE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3079 CIVIL TERM
PROTECTION FROM ABUSE
l PETITION FOR
PROTECTION FROM ABUSE
I. Plaintiff is Hilary Anne Sunday.
2. Plaintiff files this Petition for herself and on behalf of her minor child, Tyler Christian
Sunday, 13 months old.
3. The names of the persons who seek protection from abuse are Hilary Anne Sunday
and Tyler Christian Sunday.
4. Plaintiffs address is 9 East Main Street, New Kingstown, Cumberland County,
Pennsylvania 17072.
5. To the best of Plaintiff's knowledge, Defendant is currently residing at 4633 South
Clearview Drive, Camp Hill, Cumberland County, Pennsylvania 17011.
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is 03/13/79.
Defendant is employed by Pierce Leahy (Iron Mountain), Lemoyne, Cumberland
County, Pennsylvania.
6. Defendant is the father of Plaintiffs child.
7. Plaintiff and Defendant have been involved in the following court actions:
Case name CaseNo. Date filed Court of Common Pleas
Sunday v. Byle 99-3079 05/21/99 Cumberland County
PFA and Custody
}
8. The facts of the most recent incident of abuse are as follows:
Approximate Date: On or about April 27, 2000
Place: 9 East Main Street, New Kingstown, Cumberland
County, Pennsylvania, Plaintiffs parents' residence
where she and the minor child currently reside.
On or about April 27, 2000, Defendant, and his friends who were
driving in several other vehicles, repeatedly drove past Plaintiffs parents'
residence where Plaintiff and the parties' baby had moved for their protection
and to avoid further abuse. This incident exacerbated Plaintiffs fear and
Plaintiffs mother reported the incident to the police.
9. Defendant has committed the following prior acts of abuse against Plaintiff and/or
the minor child:
a) On or about April 26, 2000, from approximately 9:00 p.m, until 12:00
a.m., Defendant, and his friends in several vehicles, repeatedly drove past
Plaintiffs parents' residence revving their engines and squealing their tires,
causing Plaintiff, who was at their residence, to fear for her safety.
i b) On or about April 23, 2000, at approximately 4:30 a.m. Defendant
returned to the parties' apartment, repeatedly pounded on the door and
window demanded that Plaintiff let him in, yelled vile names at Plaintiff
called Plaintiff on his cellular phone, and threatened to kill her if she did not
I unlock the door and let him in. Plaintiff unlocked the door, but fearing for
her safety and that of the minor child, she locked herself and the baby in the
bedroom. The following day Plaintiff took the parties' 13-month-old baby
and moved to her parents' residence for their protection and to avoid further
abuse.
c) In or about the week of April 17, 2000, Defendant accused Plaintiff
of being unfaithful to him after she returned from taking their baby to the
hospital, tore up the hospital billing paperwork that she showed him to verify
her whereabouts, raised his hand in the air in a menacing fashion, and
threatened her saying, "I'm going to hit you; don't make me hurt you." When
Plaintiff left the room to avoid abuse, Defendant followed her about the
apartment repeatedly accusing her of cheating on him.
d) In or about late March 2000, Defendant struck Tyler, the parties' 1I-
month -old baby, on the arm after the child pushed buttons on Defendant's
Playstation control which discontinued the electronic game he was playing.
The baby sustained redness about his arm and was traumatized by the
incident.
C) In or about March 13, 2000, when Plaintiff refused to engage in
sexual relations with Defendant, he became angry, accused her of cheating
on him, called her vile names, pinned her to the bed holding her down by her
wrists, and back-handed her across the face. Plaintiff sustained bruising and
swelling about the side of her face as a result of this incident.
0 In or about early March 2000, Defendant threatened to kill Plaintiff
and himself if she left him.
g) Since approximately May 16, 1999, Defendant has abused Plaintiff
in ways including, but not limited to, shoving her about; grabbing her by the
arms; restraining her by pinning her down and holding her arms, slapping her,
intimidating her by throwing household objects such as the television remote
control, punching walls, and raising his hand in the air in a manner suggesting
that he was going to hit her; driving his car recklessly and speeding while
Plaintiff was in the car with him, and on several occasions following her,
driving up close behind her car, abruptly veering around her car, and stopping
in front of her car, causing her to slam on her brakes to avoid hitting his car.
Since 1996, approximately 8 months after the parties began dating,
Defendant has controlled Plaintiff by forbidding her to associate with her
friends, telling her that she could only wear clothing that he approved of, and
selecting particular pieces of clothing for her to wear, telephoning her at her
residence and at her places of employment to make sure that she was there,
calling her family and friends to ascertain her whereabouts, deliberately
erasing answering machine messages left for tier by her family and friends,
and once delayed telling Plaintiff that the day care facility had called to tell
her that the baby, who has a breathing disorder, was sick and needed to be
picked up.
In addition, Defendant followed Plaintiff in his vehicle when she went
out, drove around looking for her when he could not locate her otherwise,
parked in his vehicle, sometimes for hours, outside her residence, her place
of employment, and other locations where he knew her to be, waiting for her
to come out, and had his friends follow Plaintiff
Defendant threatened to hit Plaintiff, once raised a dinner plate in a
threatening manner causing her to fear he was going to hit her with it,
threatened to harm her if she was seeing someone else, threatened to kill her,
anyone she might be seeing, and himself. Defendant threatened that if he
could not have her, no one would.
Plaintiff filed a Petition for Protection From Abuse against Defendant,
and a Temporary Protection From Abuse Order was entered on
May 21, 1999 (see Exhibit A, attached hereto by reference). The parties
reconciled their differences prior to the hearing date, and Plaintiff requested
that the Order be vacated and the action withdrawn.
9. 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:
Silver Spring Township Police Department - Plaintiff's residence
Hampden Township Police Department - Plaintiffs school
Carlisle Police Department - Day care facility of the minor child
10. There is an immediate and present danger of further abuse from Defendant.
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
and/or the minor child in any place where they may be found.
B. Prohibit Defendant from having any contact with Plaintiff and/or the minor
child, either in person, by telephone, or in writing, personally or through third
persons, including, but not limited to, any contact at Plaintiff's current residence, and
any residence she may, in the future, establish for herself, her school, business, or her
place of employment, and/or the daycare facility of the parties' minor child.
C. Prohibit Defendant from having any contact with Plaintiffs relatives
D. Order Defendant to pay the costs of this action, including filing and service
fees.
E. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s
funding sources toward the cost of litigation in this case.
F. Order the following additional relief, not listed above:
Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
G. Grant such other relief as the court deems appropriate.
H. 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. The Petitioner
will infirm the designated authority of any addresses, other than Defendant's
residence, where Defendant can be served.
Date: r
Respectfully submitted,
n Carey, Attorney r Plaintiff
J---L
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
VERIBCATION
I verify that 1 am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating
to unswom falsification to authorities.
Dated: (/ f Io V L. I "L " - L"I
Anne Sun ay, Plaintiff
U41 cue"it'o AVI DO I1 Il4Jr nut
/:W&"ATAnJ%GVaXC V)UTtA,IN,
*M69XI MIh[1'U AN -
?M mwolI:IIAtt
RILLARY A, SUNDAY,
Plaintiff
Vs.
JOSEPH M. BYLE,
Dofondam
IrILIWU
rmu[
MAY 21 1999 tv
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
N0.99-p?y^ CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
YOU HAVE BEIrN SUED IN COURT. If you wish to defend against the claims set forth
in the following papers, you must appear at the hearing scheduled herein If you fail to do so, the
case may procoed against you and a FINAL Order may be entered against you granting the relief
requested in the Petition. In particular, you maybe evicted from your rosiidence and lone other
important rights.
l': J
AHEARING O 1S MATTER IS SCHEDULED OTT l a?,,1999,
AT`j !, IN COURTROOM NO. OF HE
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA.
You MUST obey the Order that is attecbed UA it is modill ed or terminated by the court altar
notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order
may subject you to a chargo.of indirect criminal contempt which is punishable by a flue of up to
$1,000.00 and/or up to six months in jail under 23 PsC.S. §6114. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18
U.S.C. §2265, this Order is cafomeabic anywhere in the United States, tribal lands, U.S. Territories
and the Commonwealth of Puerto Rico, If you travel outside of the state and inteationally violate
this Order, you may be subject to federal criminalprocecdings under the Violence Against Women
Act, 1& U.S.C. § 2261.2262.
you shonid take this paper to your lawyer at cues You have the right to have a lawyer
represent you at'ibe'li6rlag.' T1te wart will sot, however, appoint a lawyer for you. If you
dos ot heve a lawyer or eannot word ona, go to or telephone the office set forts below to flud
out where you can get leEal help. If you cannot find a lawyer, you may have to proceed
wkhout vote
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PENNSYLV&NIA 17013
TELEPHONE NUMBER: (717)249-3166
The Conn of Common Pleas of Cumberland County is requited by taw to comply with the
Americana with Disabilities Act of 1990, For information about acomtbla facilities and reasonable
aocomntodatiom available to disabled individuals having business before the oouut, please contact
our office. All arraagaments must be made at least 72 hours prior to any heating or busi Rasa before
the court You must attend the whoduled confereace or heating.
u4t All
EXN IBIT A
04/25/2000 16:55 7172 '607 MDWt) PAGE 03/12
HILLARY A. SUNDAY, THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99. CIVIL TERM
JOSEPH M. BYTE,
Defendant PROTECTION FROM ABUSE AND CUSTODY
3XMPO)?ARV PROTECTION FROM ARJ TSl F. QRDt; R
Defendant'i Name: Joseph M. Byle
Defendant's Date of Birth: March 13,1979
Defendant's Social Security Number: Unknown
Nunes of all protected Persons, including Plaintiff and minor child: Hillary A: Sunday, and her son,
Tyler Cbris m Sunday, born March 2, 1999.
AND NOW, this d64.tday or Kr-71999, upon consideration of the attached
Petition for Protection from Abuse, the court hereby voters the following Tetnlwrarr Order:
A. Restrain Defendant from ebusing, threatening, harassing, or stalking Plaintiff and/or
minor child in any place where Plaintiff may be found.
B. Exclude Defendant from PlaindWs residence and prohibit Defendant firm attempting
to enter any temporary or permanent residence of the Plaintiff
C. Prohibit Defendant from waiting, or parking his car, within view of the following,
or the approaches to the following:
L Plaintiffs apartment at 453 First Street (Second Floor, College Park
Apartments), Carlisle, PA 17013.
ii. Plaintiffs parent's house at 9 But Main Stra4 New Kingstown, PA
iii. Plaintitra employment at Bob Evans Restaurant; 1400 Harrisburg Pipe,
Carlisle, PA 17013.
D. Award Plaintiff temporarycustody of the minor, Tyler Christian Sunday, bom Mardi
2, 1999, excepting, only, that Defendant shall have such custody or visitation of the
said child at such time and place as the parties may agrte.
I? Prohibit Defendant from having any contact with Plaintiff and/or Tyler Christian
Sunday, bom March 2,1999, either in person, by telephone, or in writing, personally
e4i[bi;!ee0 1b:55 7172•1'44907 MDWO
PAGE 04112
or through third persons, including, but not limited to, any contact at Plaintifa place
of employment, Plaintiffs residence or Plaintiffs patent's residence, except as the
Court may find necessary with respect to partial custody and/or visitation with the
minor child.
F. Prohibit Defendant fiom having any contact with Plaintiffs parents, Tom and Shcrryl
Sunday, 9 East Main Street; New Kingstown, PA, except as the Court may find
necessary with respect to partial custody and visitation with Tyler Christian Sunday
born March 2, 1999.
0. Grant such other relief as the Court deems appropriate,
H. 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. The Plaintiff win inform
ate designated authority of any addresses, other than Defendant's residence, where
Defendant caa be served.
9. THIS ORDER. SUPERSEDES PRIOR PFA ORDER AND ANY PRIOR ORDER
RELATING TO CHILD CUSTODY,
THIS ORDER APPLIES MWEDI ATELY TO DEFENDANTAND SHALL RE.NWN
IN EFFECT UNTIL MODIFIED OR TERMINATED By THIS COURT AFMR NOTICE
AND HEARING.
NOTICE TO DEFENDANT
Defendant is hereby notified that violation of this Order may result in safest for indirect
criminal contempt, which is punishable by a fine ofup to 31,000.00 atldfor up to six months in jail.
23 Pa.C.S. §6114. Ctmseat ofthePlaintiffto 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 far
that purpose. 23 Pa.C.S. §6113. Defendant is funbar 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, IS U.S.C. §§ 2261-2262. Any
protection orda granted by a court may be considered in any subsequent proceedings, including
child custody proceedings, under title 23 (Domestic Relations) of the Permsylvania Consobdatod
Staprtes.
tlG/'L5/'lpp0 15;55 '172/007 MM PAGE 05/12
NOTICE TO LAW ENVORCEMSNT OFFICIALS
This Order "I be enforced by the police who have jurisdiction over the Plaintiffs
residence, PlainfHe parent's residence, Plaintiffs employrirent OR any locations where a violation
of this order occurs OR where the Defendant may be located. If Defeadant violates Paragraphs 1
through 6 of this Order, Defendant may be arrested on the charge of Indirect CYirninal 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.
Weapoas must forthwith be.delivered to the Sherif'f's office of the county which issued this Order,
which office shall maintatu possession of the wcWus until further Order of this Court, unless the
wegWz are evidence of a crime, in which ease, they shall remain with the law enforcement agency
whose officer made the arrest.
BY THE COURT,
,J
S' 9 9 , 4Z
Date:
T COPY FROM RECORD
In +e'nanywherm, I here untose "hand
and tfgi MI of said Court at Carusla, Pa.
rti day, o
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03079 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SUNDAY HILLARY A
VS
BYLE JOSEPH M
HAROLD WEARY _ Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE was served upon
BYLE JOSEPH M the
DEFENDANT at 0010:24 HOURS, on the 2nd day of may 2000
at POE: KEYSTONE RECORDS MNGMT CO 210 SOUTH 10TH ST
LEMOYNE, PA 17043 by handing to
JOSEPH MICHAEL BYLE
a true and attested copy of PROTECTION FROM ABUSE together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.54
Affidavit .00
Surcharge 10.00
.00
38.54
Sworn and Subscribed to before
me this F'1- day of
h 10U-U _ A.D.
Prothonotary
So Answers-
R. Thomas Kline
05/03/2000
By:
Deputy-Sheriff
HILARY ANNE SUNDAY,
Plaintiff
vs.
JOSEPH MICHAEL BYLE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3079 CIVIL TERM
PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this <<?day of May, 2000, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on Thursday, May 11, 2000, at 11:00 a.m. by this
Court's Order of May 1, 2000, is hereby rescheduled for hearing on Thursday, May 25, 2000, at
9:00 a.m. in Courtroom No 5, on the 4'^ Floor of the Cumberland County Courthouse, 1 Courthouse
Square, Carlisle, Pennsylvania.
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered, through May 1, 2001, or until further Order of Court, whichever comes
first.
By e
Edward E. Guido, Judge
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
Kristen R. Reinhold, Attorney for Defendant
SILLIKER & REINHOLD
5922 Linglestown Road
Harrisburg, PA 17112
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HILARY ANNE SUNDAY,
Plaintiff
vs.
JOSEPH MICHAEL BYLE,
Defendant
.. ._ ':.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3079 CIVIL TERM
PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff, Hilary Anne Sunday, by and through her attorney, loan Carey of Legal Services,
Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the
grounds that:
A Temporary Protection From Abuse Order was issued by this Court on May 1, 2000,
scheduling a hearing for May 11, 2000, at 11:00 a.m. in Courtroon No. 5.
2. On May 2, 2000, at 10:24 a.m. the Cumberland County Sheriffs Department served
Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for
Protection From Abuse at his place of employment, Keystone Records Management Company, 210
South IO h Street, Lemoyne, Cumberland County, Pennsylvania.
3. Defendant has retained Kristen R. Reinhold of Silliker & Reinhold to represent him
in the matter.
The parties agree, by and through their respective counsel, agree that the hearing be
rescheduled to facilitate settlement in this matter.
Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
for a period of one year from the date it was entered, through May 1, 2001, or until further Order of
Court, whichever comes first.
WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter
for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of
one year from the date it was entered, through May 1, 2001, or until further Order of Court,
whichever comes first.
Respectfully :Z
oan Carey, Attorney Plaintiff
LEGAL SERVICE V, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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HILARY ANNE SUNDAY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 99-3079 CIVIL TERM
JOSEPH MICHAEL BYLE,
Defendant :PROTECTION FROM ABUSE
FINAL PROTECTION ®RDI
Defendant's Name: JOSEPH MICHAEL BYLE
Defendant's Date of Birth: 03/13/79
Defendant's Social Security Number: Unknown
Name of Protected Person: HILARY ANNE SUNDAY
AND NOW, this Ifday of May, 2000, the court having jurisdiction over the parties
and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows:
Plaintiff, Hilary Anne Sunday, is represented by Joan Carey of Legal Services, Inc.; Defendant,
Joseph Michael Byle, is represented by Kristen R. Reinhold of Silliker & Reinhold.
Defendant, although agreeing to the terms of this Order, does not admit the allegations made
in the Petition.
Plaintiffs request for a Final Protection Order is granted pursuant to the consent of
Plaintiff and Defendant.
? Plaintiffs request for a Final Protection Order is denied.
1. Defendant shall not abuse, stalk, harass, threaten Plaintiff in any place where
she might be found.
? 2. Defendant is completely evicted and excluded from the residence at 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.
53
V
I
'3
? On -at _.in., 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
olticer when such retrieval is made.
ED 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to, any contact at Plaintiffs current residence, and any
other residence she may, in the future, establish for herself, her school, business, and/or place
of employment or the school/s and/or day care facility of the minor child/ren. Defendant is
specifically ordered to stay away from the following locations for the duration of this Order:
4. Defendant shall not contact the Plaintiff by telephone or by any other means,
including third parties.
? 5. Custody of the minor children,, shall be as follows: [state to whom primary physical
custody awarded; state terms of partial custody or visitation, if any](or see attached Custody Order)
? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law
enforcement agency for delivery to the Sheriffls weapons used or threatened to be used by Defendant ffincan act of following ab se again t Plaintiff and/or he
minor child/ren:
? 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms
and/or specific weapons for the duration of this Order. Any firearms and/or 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.
8. The following additional relief is granted as authorized by §6108 of this Act:
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 an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
Defendant is enjoined from damaging or destroying any property owned jointly
by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiffs relatives.
. This
9. Defendant is directed to pay temporary support for _ as follows:
Order for support shall remain in effect until a final support order is entered by this Court. However,
4
this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court
within fifteen (15) 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.
? 11. Defendant shall pay$_toPlaintiffascompensation forPlaintifr'sout-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. The 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 This Order is being entered after a hearing of which Defendant received actual
notice and had an opportunity to be heard.
? 3. Paragraph 1 of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected persons.
? 4. 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.
. 10
y-
La/ 14. All provisions of this Order shall expire one year from the date this Order is
entered.
NOTICE TO THE DEFENDANT
Violation of this Order may result in your arrest on the charge of Indirect
Criminal Contempt which is punishable by a fine of up to $1,000 and/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 Act, 18 U.S.C.§2265. If you travel
outside of the state and intentionally violate this Order, you may be subject to
federal criminal proceedings under that Act. 18 U.S.C.64 2261-2262. If
Act, 18 U.S.C.§922(8), for possession, transport or receipt of firearms nr
paragraph 12 of this Order has been checked,
prosecution and penalties under the "Brady'
ammunition.
NOTICE TO LAW
ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiffs residence OR any location where a violation
of this Order occurs OR where Defendant may be 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 ofthe Protection Order or during prior incidents ofabuse. The Cumberland
County Sheriffs Department 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.
you may be subject to federal
provisions of the Gun Control
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
Edward E. Guido, Judge
This QrdeT is entered pursuant to the consent of Plaintiff and Defendant:
06an Carey, Attorney Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Krist n R. RP(nhold; Attorney for Defendant
S IKER & REINHOLD
5922 Linglestown Road
Harrisburg, PA 17112
(717) 671-1500
IC /17 /
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TRANSMISSION OK
TX/RX NO 1869
CONNECTION TEL 92490779
CONNECTION ID
ST. TIME 05/17 15:20
USAGE T 05'23
PGs. 7
RESULT OK
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