Loading...
HomeMy WebLinkAbout99-05701 /' i i rr%.k p {a 5 l t SEP 1 6 1999 Melissa S. Finkey, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. IN PROTECTION FROM ABUSE Adam W. Byro, Defendant : NO. 99 -57Gi CIVIL TERM NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, 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 the matter is scheduled for the ?LA, day of September 1999, at&^m., in Courtroom at 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 tine 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 (717) 249-3166 Melissa S. Finkey, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. IN PROTECTION FROM ABUSE Adam W. Byro, Defendant NO. 99 - $701 CIVIL TERM Defendant's Name: Adam Wolfgang Byro Defendant's Date of Birth: 06-04-79 Defendant's Social Security Number: u/k Names of All Protected Persons, including plaintiff and minor child: Melissa Sue Finkey and Savannah Byro. AND NOW, this 11(114+ day of September, 1999, upon consideration of the attached Petition for Protection From Abuse, the court hereby enters the following Temporary Order: [X] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 02. 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. [X] 3. Except for such contract with the minor child as my 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 home and place of employment. [X] 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. [X] 5. Pending the outcome of the final hearing in this matter, plaintiff is awarded temporary custody of the following minor child: Savannah Byro. Until the final hearing, the Defendant shall have no contact with the Plaintiff and the minor child. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child are placed in the care and control of the 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 delivery to the Sheriff's office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. [] 7. The following additional relief is granted: [X] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle P.D.. [] 9. THIS ORDER SUPERSEDES [ ] ANY PRIOR PFA ORDER AND [ ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [X] 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 THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Ps.C.S § 6114. Consent of the Plaintiff to Defendant return to the residence shall not validate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. § 6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff s residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 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 weapons are evidence of a crime, in which case, they shall retrain with the law enforcement agency whose officer made the arrest. BY THE COURT: Dated: September_& 1999 J? R Judge Melissa S. Finkey, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. IN PROTECTION FROM ABUSE Adam W. Byro, Defendant : NO. 99 -5701 CIVIL TERM PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Melissa Sue Finkey 2. I am filing this Petition on behalf of myself and my minor child, Savannah Byro. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Melissa S. Finkey Savannah Byro 4. Plaintiff's address is confidential 5. Defendant is believed to live at the following address: 129 West Pomfret Street, Carlisle, Pa. 17013 Defendant's Social Security Number is: unkown Defendant's date of birth is: 6/4/79 Defendant's place of employment is: Carlisle Tire and Wheel (Plant 5) 621 N. College Street, Carlisle Pa. 17013 6. The parties are current or former sexual/intimate partners who are the parents of Savannah Byro. 7. Plaintiff is not aware of any pending actions involving the parties, although Jacqueline M. Verney Esquire, has advised Plaintiff that she intends to file an emergency custody petition on behalf of the Defendant. Plaintiffs counsel has no knowledge of any such filing as of this time. 8. Defendant was arrested for the incident alleged in paragraph 12 for endangering welfare of children. 9. Plaintiff and Defendant are the parents of Savannah Byro, born on 8/27/99, whose address is confidential. 10. Plaintiffs counsel has been advised that Defendant intends to file an emergency petition for custody, but is not aware of any such filing as of this date. Savannah Byro has lived with her mother, Melissa Sue Finkey, her half sisters, Cheyenne Finkey age 2 and Seneca Finkey age 1, since her birth on 8/27/99. Her address is confidential. 12. The facts of the most recent incident of abuse are as follows: On September 7'", 1999 at approximately 7:30 p.m. Plaintiff was waiting, at 2 Hanover St. Carlisle Pa. 17013, for Defendant to return their child to the Plaintiff. Plaintiff had agreed to allow Defendant to see their child for an hour. Defendant arrived and became angered that Mrs. Finkey was talking to an ex-boyfriend. When Plaintiff asked Defendant for the child. Defendant responded by picking up the child in her stroller and running away. Defendant then fell down, landing on the baby, and covering the baby's face with his hands. Several people had to pry Defendant off of the child, and when they had done so the baby was not breathing and its face had turned blue. Tina Marchisano successfully resuscitated the child, and the baby was taken to the Carlisle Hospital Emergency Room. The police arrived on the scene and arrested Mr. Byro for one count of endangering welfare of children, as shown in the attached police probable cause affidavit, incorporated here by reference. 13. Defendant has committed the following acts of abuse against Plaintiff: On or about June 6, 1999 Defendant threw Plaintiff, when she was 7-8 months pregnant with twins, into a wall. Defendant then slammed her into a door knob which caused Plaintiff substantial pain. Plaintiff avers and believes that as a result of this incident she lost one of the unborn fetuses. 14. Identify the police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: Carlisle P.D. 15. There is an immediate and present danger of further abuse from the Defendant. 16. Defendant owes an obligation to support his minor child Savannah Byro. 17. Plaintiff s counsel has contacted Jacqueline Verney, Defendant's counsel, seeking concurrence in the relief requested in this action. Concurrence was denied. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING (CHECK ALL FORMS OF RELIEF REQUESTED): [X] A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/of minor child/ren in any place where Plaintiff may be found. [X] B. Award Plaintiff temporary custody of the minor child and place the following restrictions on contact between Defendant and child: NO CONTACT [Xj C. Prohibit Defendant from having any contact with Plaintiff and 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 school, business, or place of employment, except as the court may find necessary with respect to partial custody and or visitation with the minor child. [X] D. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiffs children listed in this Petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child. [X] E. Order Defendant to pay temporary support the minor child, including medical support. [X] F. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. [X] G. Order Defendant to pay the costs of this action, including filing and service fees. [X] H. Order Defendant to pay Plaintiff's reasonable attorney's fees. [X] I. Grant such relief as the court deems appropriate. [X] J. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 4 ?? W' am J. Patch IV Cindy A. Sheridan rtified Legal Intern' T OMAS M. "ACE ROBERT E. RAINS DONALD MARRITZ Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S $ 4904, I verify that I am the Plaintiff 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, information and belief. M lissa S. Finkey Dated: September 16, 1999 jdTRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PAGE: 5 09/08/99 MJKS INC#: CAR 19990900346 DT,TM: 1999 09 ----------------------- 07 1938 REPORT NO : ----------- -------------- 02 CC CRIMINAL COMPLAINT -------------------------- -------------------- --------------- --------------------- STATUS: P LOC, GRID: N HANOVER ST 00002 ----- CARLI --------------------- SLE PA 0200 REPORT OFF: 27 MATTHEW J KENNEDY 09/07/99 2351 PLAT: SECT: P VEH INFO: INS, OUT: O LIGHT: WEATHER: TEMP: F ASSIGN OFF: 00/00/00 DUE: APPROV OFF: 00/00/00 CV HANDBK: PCCD V/W FORM: DOM RELAT FORM: EXT SIGNED DOC: BBC SURVEY: DEFERR PROSECUT: STMT / CONFESS: ARREST(S): FURTHER ARRESTS: CRIM SUMMONS: N WARRANT: Y REC FOLLOW UP: REC ASSIGN TO: ON 9/7/99 AT 1938 HRS, I RESPONDED TO A REPORTED FIGHT AT THE SQUARE. WHEN I ARRIVED TINA MARCHESANO TOLD ME THAT ADAM BYRO TRIED TO TAKE MELISSA FINKEY'S BABY. MARCHESANO SAID THAT BYRO AND FINKEY WERE HAVING AN ARGUEMENT AND BYRO ATTEMPTEDT TO LEAVE WITH THE BABY, SAVANNAH BYRO AGE 12 DAYS, IN THE STROLLER. FINKEY YELLED TO GIVE THE BABY BACK AND A BYRO STARTED TO RUN WITH THE BABY IN THE STROLLER. JOHN PINKY, MARCHESANO, STEVE KUNKLE AND OTHERS MOVED TO STOP BYRO. BYRO PICKED UP THE BABY AND STARTED TO RUN. SEVERAL WITNESSES STATED THAT BYRO WAS SQUEZZING THE CHILD TIGHT. MARCHESANO, J. FINKEY AND KUNKLE STATED THAT THEY THOUGHT BYRO WAS GOING TO HURT THE BABY. KUNKLE, J FINKEY AND MICHAEL HINKEY GRABBED BYRO AND MARCHESANO PRYED THE BABY OUT OF BYRO HANDS. M FINKEY IS THE MOTHER, OF THE BABY AND A BYRO MIGHT BE THE FATHER. THE MOTHER AND BABY DO NOT LIVE WITH A BYRO. • tea oar.,W.: 09201 OJNMWL PAULA P CORREAL Address 1 COURTHOUSE SO 7efrw CARLISLE PA 17013 717 240 6565 AKA: ADAM BYRO COMMONWEALTH OF PENNSYLVANIA DEFENDANT: VS. NeW wwAoalaa8 ADAM WOLFGANG BYRO 129 W POh1FRET ST CARLISLE . PA 17013 0000 00 Dodnt No.: Dale Re& OTN: p,pen ftme, NnjW9ftWW000( dNfVmlee SDl4mper IPA24881559 I 19990900346 CAR 1020 2412' R.S.A.: WM 20 D.O.B.: 06 04 1979 S.S.#: 098 68 3323 ORI NO.: PA0210200 District Attorney's Office - Approved -Disapproved because: (the DbMot Attorney may require that the oompteint. arroat wanant affidaK or bath be approved by ft attorney for the commonwealth prior to filing. Pa.R.Cr.P. 107.) When the alNant is not a polies offieer as defined in Rule 61(C) and the offeme(s) otarged Include(s) a rnlsdemeanor or felony wNch doea not involve a dear and present danger to any person or the community, the =npiaiM stag be submMed to tie attorney for ft f:ommonwae106 who allied approve or disapprove wWW unnesaaWe d"y). (W DaW) 1 I, (NMC4 wu) PO MATTHEW J KENNEDY BADGE 27 of CARLISLE PD residing at 53 WEST SOUTH ST CARLISLE PA 17013 do hereby state: (ohecksppnpriaearea) 1. R I accuse the above named defendant, who lives at the address set forth above or, i accuse an individual whose name is unknown to me but who is described as _ I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with t iootig j" JJ %Egmmonwealth of Pennsylvania at CARLISLE in (county) CMVIBERLAM onorabout09t 0R71999 `1938 HRS Participants were: m then were participants plus their nemsa here. repeating name of above dehrtoant) 2. The acts committed by the accused were: (set tonn a summary of me feaa sdMdatt to advise the aefaaent of ft naNrs of the oHenw Barged. Nebtit.r ft evidence nor the sahde allegedly violated need be dad, nor shall a diallm of Ills sfaNn allegedly violated, by be, be suf ident. In a summary sae. sat forth a citation of the spedac sedbn and subbeection of me white or otntna oe allegedly violated). •+ ENDANGERING WELFARE OF CHILDREN CPS 1 BEING A PARENT, GUARDIAN OR OTHER PERSON SUPERVISING THE WELFARE OF A CHILD UNDER 18 YEARS OF AGE, DID KNOWINGLY ENDANGER THE WELFARE OF SAID CHILD BY VIOLATING A DUTY OF CARE, PROTECTION OR SUPPORT. copy' Datraf Jumoe Defe,gern Realm of Sa1Np PnYa 4197wp LL! N-_ J? LL! L) r. ?l Q. ? Ul C IS d Q- ? 4 X ADAM W. BYRO, : IN THE COURT OF COMMON PLEAS OF Plaintiff/ Petitioner : CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION-LAW MELISSA FINKEY, NO. 99-5700 CIVIL Defendaat/Respondent : IN CUSTODY 9 %- S7o/ e T ORDER OF COURT AND NOW, this 2 y' day of??, k, 6 1999 upon consideration of Petitioner's Emergency Petition, and after a conference in chambers with Jacqueline M. Verney, Esquire for the Petitioner and Donald Marritz, Esquire, William J. Patch, IV and Cindy A. Sheridan from the Family Law Clinic for Respondent it is hereby ordered and decreed as follows: 1. That the parties shall share legal custody of the minor child, Savannah Violet Byro, DOB August 27, 1999. 2. Mother shall have primary physical custody of the minor child, with Father having partial physical custody on the following schedule and with the following conditions: a. Petitioner shall have physical custody of the child from Thursday, September 23, 1999 at 8:00 a.m. until Saturday, September 25, 1999 at 10:00 a.m. b. Pending the resolution of the PFA filed against the Petitioner at 99-5701 Civil, petitioner's periods of custody shall be supervised by, either his Father, Thomas Byro or his Father's girlfriend, Robin Stan. c. Pending the resolution of the PFA filed against the Petitioner at 99-5701 Civil, Respondent shall drop off and pick up the child at Petitioner's residence at 129 W. Pomfret Street, Carlisle, Pennsylvania, unless otherwise agreed by the parties or the listed supervisors. d. In order for Petitioner to care for the baby, Respondent shall provide adequate formula, clothing, and the car seat for the baby. 3. Petitioner shall not have contact with Respondent except for matters concerning care and custody of the child. 4. Paragraph 3, 4, and 5 of the Temporary PFA Order are hereby suspended to the extent that they conflict with the terms of this Order. This order shall also be filed in the PFA case docketed at 99-5701 Civil. BY THE COURT, I f e m 0 a , P T 4z, a MELLSSA S. tWpugaY, Phdm V. ADAM W.BYRO, Ds*xdant 'N TH COURT OF cOMMONpLUS OF ERLAND COUNTY NNSYLVANIA CMLACTION-LAW NO. "-5701 CIVII, : INPROTECTION FROM ABUSE ORDER OF COURT AND NOW, this Z f day of S eOnsideration of 1999 ?POn a Motion To Continue Friday, Soptember 24, 1999 at 9:00 ? ?8 ??Od for T am. is hemby oontiayod Beoerally. The prior eMPOrnry Order shall tee in force and effect. BY TAE COURT, J. v OFF 7 99 SEP 23 PH 3: 1 Cl.,4s3uiL •:vu UJUNIY PENi4SYUl/lJN 4 ?. L. - Sher MELISSA S. FINKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION -LAW ADAM W. BYRO, NO. 99-5701 CIVIL Defendant IN PROTECTION FROM ABUSE MOTION TO CONTINUE HEARING AND NOW, comes the Defendant, Adam W. Byro, by and through his attorney, Jacqueline M. Verney, Esquire and files this Motion to Continue Hearing and in support thereof represents the following: 1. A hearing is scheduled in the above captioned matter for Friday, September 24, 1999 before the Honorable J. Wesley Oler at 9:00 a.m. 2. Counsel for defendant is unavailable to attend the hearing due to the following conflicts: a. Dependency hearings set for 8:15 a.m. and 8:45 a.m. in front of the Honorable Edward E. Guido. b. Arbitration set for 9:00 a.m. in which defendant's counsel is the court appointed chairperson of the Arbitration Panel. 3. Defendant is willing to continue the PFA hearing generally and agrees that the Temporary PFA Order shall remain in full force and effect. 4. Counsel for Plaintiff; Donald Marritz and the Penn State Dickinson School of Law Family Law Clinic is in agreement with the Motion to Continue Hearing. WHEREFORE, Defendant prays this Honorable Court grant his Motion to Continue Hearing. Respectfully submitted, J u ine M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Supreme Ct. ID 23167 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion To continue Hearing was served on the following person by first Class mail, postage prepaid on the date indicated: Donald Marritz, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Date: cqu ine M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant SHERIFF'S RETURN - REGULAR CASE NO: 1999-05701 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FINKEY MELISSA S vs. BYRO ADAM W STEVE WHISTLER , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE OF HEARING AND was served upon BYRO ADAM W the defendant, at 16:52 HOURS, on the 16th day of September 1999 at CARLISLE TIRE & WHEEL PLANT # 5, RITNER HIGHWAY CARLISLE, PA 17013 ,CUMBERLAND County, Pennsylvania, by handing to ADAM W. BYRO a true and attested copy of the NOTICE OF HEARING AND together with ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER NOTICE & PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: . Docketing 18.00 of A?`n P Service 3.10 Affidavit .00 Surcharge 8.00 R?S'lz6titd3-fClir BPi?Yi .009/17/1999 ep y erig- Sworn and subscribed o before me this /1!:" day of , 19q A.D. ?y ??E12 n'3E`?YyS I ti NOV 16 MELISSA S. FINKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN PROTECTION FROM ABUSE ADAM W. BYRO, Defendant NO,99-5701 CIVILTERM ORDER AND NOW, this /?'day of Nvc"- 1999, this case is discontinued without prejudice and the Temporary Order of September 16, 1999, is vacated. Copies of this Order shall be distributed to the same persons as received the Temporary Order of September 16, 1999. BY TH COURTV ii ?.. - ... - -.`???1 _. ?, ,. O- n• '^' Se ?r ?_ MELISSA S. FINKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN PROTECTION FROM ABUSE ADAM W.BYRO, Defendant NO.99-5701 CIVILTERM The Plaintiff, Melissa S. Finkey, by her attorneys, The Family Law Clinic, moves the Court to vacate the Temporary Protection from Abuse Order entered on behalf of herself on September 16, 1999, and to discontinue the action, without prejudice. The Plaintiff states: 1. On September 16, 1999, Plaintiff filed the above-captioned PFA case and the Court entered a Temporary Order. 2. A final hearing was set for September 24, 1999 at 9:00 a.m. in front of the Honorable J. Wesley Oler, but was continued generally in an Order dated September 23, 1999 on motion of Jacqueline M. Vervey, Esquire, with concurrence of the undersigned. 3. Plaintiff and Defendant have been communicating in a civil manner and Plaintiff no longer feels that her safety is at risk. 4. Jacqueline Verney, Esquire, counsel for Defendant, concurs with the relief requested in this Motion. WHEREFORE, Plaintiff respectfully requests that this Court vacate the Temporary Order of September 16, 1999, and discontinue the Protection From Abuse Action, No. 99-5701, without prejudice. Respectfully Submitted, Date: I ( -15 - q q THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S. § 4904, 1 verify that I am the Plaintiff in the present action, and that the facts and statements contained in the above Motion are true and correct, to the best of my knowledge, information and belief. Melissa S. Finkey, Plaintiff ' Dated: November A , 1999 THOMAS E. PLACE Supervising Attorneys DONALD MARRITZ Staff Attorney } UJ? f J_.. C) C-; u.: ?n C. h n ti MELISSA S. FINKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN PROTECTION FROM ABUSE ADAM W. BYRO, Defendant NO. 99-5701 CIVIL TERM I, hereby certify that 1 have served a true and correct copy of Plaintiffs Motion to Discontinue on Jacqueline Verney, Esquire, 44 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013 by this date through hand delivering the same. Date: 11- 15- C19 Cindy A heridan Certified egalIntent FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717)243-2968 lk. u c,. .. 4! ? CJi C' Lt ?: p7 h1 L . r I ;