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HomeMy WebLinkAbout99-07013-8 LAW OFFICES FRIEDMAN & HOCH, P.C. 305 NORTH FRONT STREET SUITE 402 P.O. BOX 885 HARRISBURG. PENNSYLVANIA 17108-0885 CHARLES E. FRIEDMAN KENNETII D. HOCH May 22, 2000 The Honorable Edward E. Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 RE: Paul v. Purdy No.: 99-7013 Civil Term Dear Judge Guido: MAY 2 3 2000 'TELEPHONE 17171 232-9925 FAX 17171 222.9946 I am enclosing a copy of a letter which I received from the psychologist who performed the evaluation on Mr. Purdy. Mr. Purdy is planning to arrange for further evaluation in the immediate future. Very truly yours Charles E. riedman -? CEF/hil cc: G. David Smith, Ph.D. McDaniel Cover Purdy, II Marianne E. Rudebusch, Esquire Riverside Associates, P.C. Clinical and Community Psychology May 17, 2000 Charles E. Freidman, Attorney at Law P.O. Box 885 305 North Front St., Suite 40 Harrisburg, Pennsylvania 17108-0885 RE: McDaniel Cover Purdy, II Addendum to psychological evaluation report (April 6,'1000) Dear Mr. Friedman, 2818 Green Street Harrisburg, PA 17110 Phone: (717) 238.6880 FAX: (717) 238.6885 I am writing in reference to my recent report of the psychological evaluation of McDaniel Cover Purdy, II which I performed at your request on March 27, 2000. Please consider this an addendum to my report of April 6, 2000. Since the date of my interview with Mr. Purdy I have discovered that he failed to disclose important information relevant to the purposes of my assessment during my interview with him. Further. I have come to learn that he provided false information in response to my questions and may have purposely misrepresented information about his past, especially relevant to the purposes of the assessment. Psychological assessments are based upon a limited sample of behavior and depend upon the veracity, good faith, and honest effort of the person being assessed. The conclusions of such an assessment are only as good as the information that is gathered. The fact that Mr. Purdy was not forthcoming and may have been intentionally deceptive during the course of my assessment renders the conclusions of my evaluation invalid. Under the circurflstances I must amend the conclusion of my earlier report to say that I presently have no valid basis to render an opinion concerning whether or not Mr. Purdy poses a threat to the well-being of his child. Likewise, I cannot say whether or not he would benefit from psychological treatment. I trust that you will make this letter a part of Mr. Purdy's legal file and will provide a copy to everyone who received a copy of my April 6, 2000 report. Sincere G. David Smith, Ph.D. Psychologist Comprehensive Behavioral Health Care PAMELA LYNNE PAUL, Plaintiff VS. McDAN1EL COVER PURDY, II, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-7013 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY ORDER AND NOW, upon consideration of the foregoing Petition, it is hereby Ordered and Decreed that Lori K. Serratelli, Esquire is hereby granted leave to withdraw her appearance in the above-captioned matter. Date: /4 /1 '3 tffb V /)'J_0 J. Z/-OO _K KS JD t,., .?-%?tY 1''1 i• -1, /U7 U, 25 PAMELA LYNNE PAUL, Plaintiff vs. McDAN1EL COVER PURDY, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7013 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PF,TITION FOR LEAVE TO WITHDRAW APPEARANCE AND NOW COMES, Lori K. Serratelli, Esquire, of the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. and respectfully represents as follows: Petitioner, Lori K. Serratelli, Esquire, represented the Plaintiff, Pamela Lynne Paul, in the above-captioned matter. 2. The Plaintiff advised Lori K. Serratelli that her services are no longer required and has signed the Consent attached hereto as Exhibit "A". 3. Petitioner has informed Defendant's counsel, Charles E. Friedman, Esquire by letter dated April 25, 2000 that she no longer represents the Plaintiff. (See letter attached as Exhibit "B"). 4. A Custody Conciliation Conference is currently scheduled in this matter for May 11, 2000 at 2:00 p.m. Plaintiff advised Petitioner on March 29, 2000 that Plaintiff is going to attend the Conciliation Conference alone and does not require Petitioner's services. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant Petitioner's request for leave to withdraw. Respectfully submitted, 15 Lo . Serratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 I.D. No. 27426 PAMELA LYNNE PAUL, Plaintiff VS. MCDANIEL COVER PURDY,11, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7013 CIVIL TERM CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE *2 -7 07 I, Lori K. Serratelli, Esquire, do hereby certify that on this "? ! day of .? 2000,1 served a copy of the foregoing Petition for Leave to Withdraw by first-class mail, postage prepaid, in the Post Office at Harrisburg, Pennsylvania, to the following person(s): Pamela Lynne Paul 618 Carol Street New Cumberland, PA 17070 Charles E. Friedman, Esquire FRIEDMAN & HOCH 305 North Front Street Harrisburg, PA 17101 Lori/ erratelli, Esquire SERB FELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 I.D. No. 27426 ExhibitA PAMELA LYNNE PAUL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99-7013 CIVIL TERM : CIVIL ACTION -LAW McDANIEL COVER PURDY, II, Defendant IN CUSTODY CONSENT I, Pamela Lynne Paul, Plaintiff in the above-referenced matter, hereby consent to Lori K. Serratelli, Esquire withdrawing her appearance on my behalf in the above-referenced matter. Date: 11-44-6V C M Pamela Lynne Paul', EXHIBIT B April 25, 2000 LORI K. SERRATELLI VIA FAX & U.S. MAIL STEVEN J. SCHIFFMAN MICHAEL F. BROWN Charles E. Friedman, Esquire FRIEDMAN & HOCH RONALD L. CALHOON P.O. Box 885 Harrisburg, PA 17108-0885 ANDREW J. OSTROWSKI DEBORAH L. PACKER RE: PURDY vs. PAUL STEVEN O. SPAHR Dear Chuck: MAURA B. MUNDY Please be advised that I no longer represent Ms. Paul, per her request. MELANIE L. ERB I have forwarded to Ms. Paul your fax of April 25, 2000. With regard GARTH A. STEPHENSON to future communications, you may correspond with Ms. Paul directly. Thank you for your attention. JDHN D.SHERIDAN Sincerely, C•.'•un" ...................... SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. r L i . Serratelli LKS/ted ,m cc: Pamela Paul suer I . ? ,,.. R, •.:. 171;1 540-71-0 ,...... r I I ci c z 0 0 < v V e p P .?-• LO C. O .h U p F r r O m rv ?7 S e o• L 'h V' i Z •J lJ U ^ ^ < N % C ? f ? m n n ' • n '?' O v N r J <W C C W h NM'KILO•LDGGILV •l0 [G ILY Vp;GI[9 p111Wf OJ AbtlIKT9313LY15'TY PAMELA LYNNE PAUL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MCDANIL• L C. PURDY,11 : NO 99-7013 CIVIL TERM AND NOW, this 221? day of APRIL, 2000, a hearing on Defendant's request to Modify paragraphs 2 and 3 of our Order of February 5, 2000, is scheduled for Thursday, pgpy 1 1.2000. at 10:30 a.m. in Courtroom # 5 of the Cumberland County Courthouse. 'T'estimony of Dr. Smith shall be taken, either in person or by phone. Pamela L. Paul 618 Carol Street New Cumberland, Pa. 17070 Lori Serratelli, Esquire Charles E. Friedman, Esquire 0. David Smith, Ph.D. By the Court, 4wo Edward E. Guido, J. /l ; "` ??r- L/-aF-OO RKs :sld _ ? :_.,.i COPY PAMELA LYNNE PAUL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MCDANIEL C. PURDY, II : NO 99-7013 CIVIL TERM AND NOW, this 27TH day of APRIL, 2000, a hearing on Defendant's request to Modify paragraphs 2 and 3 of our Order of February 5, 2000, is scheduled for Thursday, May 11. 2000, at 10:30 a.m. in Courtroom 115 of the Cumberland County Courthouse. Testimony of Dr. Smith shall be taken, either in person or by phone. By the Court, -A 0 Edward E. Guido, J. Pamela L. Paul 618 Carol Street New Cumberland, Pa. 17070 Lori Serratelli, Esquire Charles E. Friedman, Esquire G. David Smith, Ph.D. :sld i i APR 2 B 2000 The Honorable Edward E. Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 April 26, 2000 VIA FAX & O.S. MAIL RE: Paul. v. Purdy No. 99-7013 Civil Term Dear Judge Guido, I am writing to you in response to the results of a Psychological Evaluation you ordered for McDaniel C. Purdy II on December 7, 1999. You will find enclosed a copy of a letter that I wrote to the Psychologist, Dr. Smith, who performed the evaluation. I am giving you a copy of this letter so that you may be more clear as to why I am writing to you. I currently do not have representation on this matter and that is why I am contacting you directly. I have not yet heard from Attorney Friedman who represents the defendant, but our conciliation conference is scheduled for May 11th and I know he will be asking me to lift my request for supervised visitation. What I am asking of you Judge Guido is to consider ordering a second Psychological Evaluation performed by a court-appointed Psychologist. I make this request because I feel that the results of the original evaluation are invalid. I base this on the fact that the information Mr. Purdy gave to Dr. Smith was not true and was inconsistent with his actual criminal record. I do not believe that he (Dr. Smith) even reviewed his record, because had he reviewed it he would have known that Mr. Purdy was lying. I was also very puzzled as to why there was no mention of the physical abuse that I endured which was the entire basis for my requesting supervised visitation. In addition, the court ordered the Psychological evaluation in the criminal contempt hearing against the defendant when he violated the original Protectior. from Abuse Order. It seems to me that there was enough basis for Dr. Smith to at least inquire about the abuse. I feel that he was ill-prepared going into the evaluation, and because of this he took what Mr. Purdy said at face value- not even questioning its authenticity. I hope that you will find that there is enough reason to consider ordering a second Psychological after reviewing the original evaluation itself, Mr. Purdy's record, and my concerns as to its validity. I am not sure if this is a decision that requires a hearing or if you can simply order a second evaluation. Please let me know what is the appropriate way to handle this matter. Thank you very much for your time. Sincerely, Pamela L. Paul 618 Carol St. New Cumberland, PA 17070 April 20, 2000 Dear Dr. Smith, I am writing in response to a recent psychological evaluation you performed on a client McDaniel Purdy II. After reviewing your report, I was appalled that an individual with a Doctorate in the field of Psychology could be so easily snowed by a client. Not only did your evaluation reflect your credulousness, but your report in itself was so poorly detailed as to the nature of the presenting problem and the results of your findings. Had you taken a moment to look into any of the information you obtained, you would have discovered that you were one of many charmed and manipulated by this man. In fact, almost everything Mr. Purdy told you was not consistent with the truth right down to his Associates degree from NMMI. Perhaps you are very busy and unable to spend the appropriate time needed for your case- load, but as a person who will be affecting other people's lives with your decisions, your involvement can be anything but minimal. The fact that you would take a Domestic Violence case and not even mention it in your report is a travesty. The only thing I can derive from your failure to evaluate your client on this matter is your simple ignorance of the facts. On the other hand, if you were aware of such abuse and chose not to explore such issues, your incompetence as a professional should be of great concern to this community. Your conclusion that Mr. Purdy's lengthy criminal record- which involves multiple (more than two as he would have you believe) charges of assault and other crimes, is not reflective of a pattern of aggressive responding is preposterous. Dr. Smith, did you even take the time to look at his criminal record? Mr. Purdy is a pathological liar and your casual mentioning that he tends to deny and j understate negative traits goes to the heart of this matter. In regards to the MMPI, the fact that his responses were consistent shows only that he believes what he is telling you, not that it is the truth. As the woman who he abused physically, emotionally, and mentally for a very long period of time, for you to suggest that his behavior was merely an immature response to stressful events is repulsive to me. Was it an immature response which led him to assault the man who owed him $300.00 in drug money and then proceed to throw him into the trunk of his car. Is this what you consider immaturity, because I would refer to it as something much more deliberate and vicious. The man you described as "polite", "cooperative", and showing no particular propensity toward violence or aggression is also the same man who has beaten me repeatedly and threatened my life. Perhaps if you would have taken a look at his record, which I am sure you are required to do, this fact would not have to be pointed out to you. With all due respect Dr. Smith, this is the man who needed evaluated, this is the man who is a danger to my child, and this is the man who needs someone to not find an excuse for his behavior as you have done so readily. Had you spent even a little more time with this client, and had you been even a little more thorough in your job, you would have also discovered that he was in fact an African American male- not a Caucasian. I guess this is a perfect example of what I learned from my Professor in graduate school who taught Psychological Testing- The evaluation can only be as good as the person doing the evaluating, and you sir are NO good! Sincerely, r t clJ ry kA L- Syr 1 ?,1 n p 1? M1} y 1 7 -0 o, w r i - d ? it dy ? .a V, APR-27-00 THU 08;21 AM WEST SHORE TEACHERS FCU FAX NO, 717 737 0589 The Honorable h:dward E. Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 1.7013-3387 RF.o Paul v. Purdy No. 99-7013 Civil Term Dear Judge Guido, April 26, 2000 VIA FAX & U.S. MAIL I am writing to you in response to the results of a Psychological Evaluation you ordered for McDaniel C. Purdy II on December 7, 1999. You will find enclosed a copy of a letter that I wrote to the Psychologist, Dr. Smith, who performed the evaluation. I am giving you a copy of this letter so that you may be more clear as to why I am writing to you. I currently do not have representation on this matter and that is why I am contacting you directly. P. 02 I have not yet heard from Attorney Friedman who represents the defendant, but our conciliation conference is scheduled for May 11th and I know he will be asking me to lift my request for supervised visitation. What I am asking of you Judge Guido is to consider ordering a second Psychological Evaluation performed by a court-appointed Psychologist. I make this request because I feel that the results of the original evaluation are invalid. I base this on the fact that the information Mr. Purdy gave to Dr. Smith was not true and was inconsistent with his actual criminal record. I do not believe that he (Dr. Smith) even reviewed his record, because had he reviewed it he would have known that Mr. Purdy was lying. I was also very puzzled as to why there was no mention of the physical abuse that I endured which was the entire basis for my requesting supervised visitation. G? r APR-27-00 THU 08:21 AM WEST SHORE TEACHERS FCU FAX NO. 717 737 0589 P. 03 In addition, the court ordered the Psychological evaluation in the criminal contempt hearing against the defendant when he violated the original Protection from Abuse Order. It seems to me that there was enough basis for Dr. Smith to at least inquire about the abuse. I feel that he was ill-prepared going into the evaluation, and because of this he took what Mr. Purdy said DL face value- not even questioning its authenticity. I hope that you will find that there is enough reason to consider ordering a second Psychological after reviewing the original evaluation itself, Mr.. Purdy's record, and my concerns as to its validity. I am not sure if this is a decision that requires a hearing or if you can simply order a second evaluation. Please let me know what is the appropriate way to handle this matter.. Thank you very much for your time. Sincerely, gkm'l&--k- , Pamela L. Paul 618 Carol St. New Cumberland, PA 17070 APR-27-00 THU 08:21 AM WEST SHORE TEACHERS FCU FAR NO. 717 737 0589 P. 04 April 20, 2000 Dear. Dr. Smith, I am writing in response to a recent psychological evaluation you performed on a client McDaniel Purd_v II. After reviewing your report, I was appalled that an individual with a Doctorate in the field of Psychology could be so easily snowed by a client. Not only did your evaluation reflect your credulousness, but your report in itself was so poorly detailed as to the nature of the presenting problem and the results of your findings. Had you taken a moment to look into any of the information you obtained, you would have discovered that you were one of many charmed and manipulated by this man. In fact, almost everything Mr. Purdy told you was not consistent with the truth right down to his Associates degree from NMMI. Perhaps you are very busy and unable to spend the appropriate time needed for your case- load, but as a person who will be affecting other people's lives with your decisions, your involvement can be anything but minimal. The fact that you would take a Domestic Violence case and not even mention it in your report is a travesty. The only thing I can derive from your failure to evaluate your client: on this matter is your simple ignorance of the facts. On the other hand, if you were aware of such abuse and chose not to explore such issues, your incompetence as a professional should be of great concern to this community. Your conclusion that Mr. Purdy's lengthy criminal record- which involves multiple (more than two as he would have you believe) charges of assault and other crimes, is not reflective of a pattern of aggressive responding is preposterous. Dr. Smith, did you even take the time to look at his criminal record? Mr. Purdy is a pathological liar and your casual mentioning that he tends to deny and `:1a APR-27-00 THU 08:22 AM WEST SHORE TEACHERS FCU FAX NO. 717 737 0589 P. 05 understate negative traits goes to the heart of this matter. In regards to the MMPI, the fact that his responses were consistent shows only that he believes what he is telling you, not that it is the truth. As the woman who he abused physically, emotionally, and mentally for a very long period of time, for you to suggest that his behavior was merely an immature response to stressful events is repulsive to me. Was it an immature response which led him to assault the man who owed him $300.00 in drug money and then proceed to throw him into the trunk of his car. Is this what you consider immaturity, because I would refer to it as something much more deliberate and vicious. The man you described as "polite", "cooperative", and showing no particular propensity toward violence or aggression is also the same man who has beaten me repeatedly and threatened my life. Perhaps if you would have taken a look at his record, which I am sure you are required to do, this fact would not have to be pointed out to you. With all due respect Dr. Smith, this is the man who needed evaluated, this is the man who is a danger to my child, and this is the man who needs someone to not find an excuse for his behavior as you have done so readily. Had you spent even a little more time with this client, and had you been even a little more thorough in your job, you would have also discovered that he was in fact an African American male- not a Caucasian. I guess this is a perfect example of what I learned from my Professor in graduate school who taught Psychological Testing- The evaluation can only be as good as the person doing the evaluating, and you sir are NO good! n Sincerely, APR-27-00 THU 0821 AM WEST SHORE TEACHERS FCU 1213 SLATE HILL ROAD CAMP HILL, PA 17011 Phone: (717) 737 - 4152 or (800) 948 -1454 Fax: (717) 737 - 0589 FAX NO. 717 737 0589 P. 01 To; G)i Y' From Yl? L :? rr???l Fax: 14 02 Cate: cal / V U Phone: Pages: S (including cover) Re:-?4.llQ cc: 21 urgent Q'For Review R lease Comment C7 Please Reply 13 Please Recycle -Comments: LAW OFFICES FRIEDMAN & HOCH, P.C. 305 NORTH FRONT STREET SUITE 402 P.O. 80X 885 HARRISBURG, PENNSYLVANIA 17108-0885 CIIARLES E. FRIEDMAN KENNETH D. HOCH April 25, 2000 VIA FACSIMILE AND REGULAR MAIL The Honorable Edward E. Guido Cumberland County Courthouse 1 Courthouse Square Gariisie, PA 1 ?013-3387 RE: Paul v. Purdy No.: 99-7013 Civil Term Dear Judge Guido: APR 2 6 200 TELEPIIONE (717) 232.9925 PAX (717) 232-9946 I represent Mr. Purdy in the above case. You may recall that you held a hearing on February 16, 2000 on Mr. Purdy's petition to hold Ms. Paul in contempt of court for refusing to allow him unsupervised visitation of their child. At the hearing, you entered a new Order providing for supervised visitation and a separate Order providing that Mr. Purdy must schedule a psychiatric or psychological evaluation within thirty days of that date. I asked that the Order also incorporate the parties' agreement that the Order could be modified to eliminate supervision and permit overnight visitation, depending upon the results of the evaluation and/or when Ms. Paul finishes breast-feeding. You stated that it did not have to be in the Order, but that you would schedule an emergency hearing of one hour if I advise you that we cannot agree upon modification after the psychological examination is completed. I am enclosing copies of the psychological evaluation dated April 8, 2000, my letter to Attorney Serratelli dated April 12, and her response dated April 13. 1 have heard nothing from Ms. Serratelli since that time and I am therefore requesting an emergency hearing. Very truly your G ` Charles E. Fr ad n CEF/hil Enclosures cc: Lori K. Serratelli, Esquire (w/o enclosures) McDaniel Cover Purdy, 11 (w/o enclosures) . Riverside Associates, P.C. 2818 Green Street, Harrisburg, PA 17110 (717) 238.6880 PSYCHOLOGICAL EVALUATION DATE OF EVALUATION: March 27, 2000 DATE OF REPORT: April 6, 2000 CLIENT PROFILE Name: Date of Birth: Ethnicity: HeighttWelght: sex: Admitting Diagnoses: Current Medications: Referral Source: Case Manager: Residence: Referral Source/Purpose. McDaniel Cover Purdy II July 6, 1975 Caucasian 5', 11'; 200 lbs. Male None None Charles E. Freidman, Attorney At Law None Middletown, PA REASON FOR REFERRAL Mr. Purdy was referred for a psychological evaluation by his attorney, Charles E. Freidman, on March 9, 2000. Mr. Friedman explained that Mr. Purdy has been court-ordered to undergo a psychological evaluation in order to determine whether he is a danger to his child. Presenting Problem. Mr. Purdy had been in a relationship with the mother of his child since 1992. Until November 1999, Mr-Purdy and the mother of his child lived together. Their child, McDaniel Cover Purdy III was born in July 1999. Mr. Purdy is now 24 years of age and the mother of his child 25. Mr. Purdy explained that the relationship between he and his son's mother deteriorated significantly after the date of his son's birth until November 1999 when the couple decided to live apart. Prior to the breakup, Mr. Purdy reported that he had been spending eight hours per day, three days each week alone with his child while the child's mother worked. After the breakup, the child's mother, according to Mr. Purdy, interfered with his access to their son until it was established that Mr. Purdy be permitted to see the child two days each week, on weekdays for five hours, and one weekend day for eight hours (all under the supervision of a third party). -a In approximately November 1999, Mr. Purdy reported that the child's mother obtained a "Protection From Abuse" order which requires that he have no contact with her. Mr. Purdy was found to be in contempt of this order when he appeared personally to pick up his son in November 1999. Since that time, Mr. Purdy's parents have acted as intermediaries, transporting the child between his mother and Mr. Purdy for visits. METHOD This evaluation is based upon data from several sources. A private clinical interview was conducted on the morning of March 27, 2000 in the office of Riverside Associates in Harrisburg, Pennsylvania. During the interview, historic information was obtained from Mr. Purdy, the Mini Mental Status Examination and the C.H. Kent Intelligence Test were administered and Mr. Purdy completed the Minnesota Multiphasic Personality Inventory. A copy of a petition for contempt dated December 7, 1999 was also reviewed. PERSONAL INFORMATION Personal Characteristics. Mr. Purdy is a 24-year-old, Caucasian man. He is approximately five feet, 11 inches and weighs about 200 pounds. Mr. Purdy has brown hair, which was shaved bald at the time of the interview, and brown eyes. He has no distinguishing scars, obvious sensory impairments, or motor handicaps. Living Arrangement. Mr. Purdy reported that he has been living with his parents since he broke up with his son's mother. Mr. Purdy reported having normal friendships and engaging in normal social activities for a man his age. He drinks beer occasionally but reported that he tries not to abuse alcohol for fear that it would interfere with his employment duties. School/Work. Mr. Purdy completed the 12's grade and graduated from Susquehanna Township High School in Harrisburg, Pennsylvania. Mr. Purdy explained that he got along alright academically while in high school and had not significant conduct or behavioral problems there. He later completed a two year Associates Degree program at a military college in New Mexico. Mr. Purdy reported that he attended on a football scholarship. Mr. Purdy is presently employed by Herco Entertainment as a bellman at the Hershey Hotel in Hershey, Pennsylvania. He has been employed in this capacity since August of 1998 and reports that he enjoys his work and that his employers have consistently evaluated his performance to be satisfactory. Prior to August 1998, Mr. Purdy worked in the maintenance department at the Harrisburg International Airport. He resigned that position with prior notice to take the Herco Entertainment job. Prior to working at the Harrisburg International Airport, Mr. Purdy was a full-time student. Current Treatment/Supports. Mr. Purdy is presently receiving no psychological services. He takes no psychotropic medications. Previously, he and his former partner attended approximately five sessions for couples counseling in about October 1998 with a Harrisburg-area psychologist. Mr. Purdy reported that this counseling was undertaken through the initiative of his partner and was an attempt to resolve recurrent misunderstandings over "little things." Counseling ended, according to Mr. Purdy, when his former partner felt as though the counselor was siding with Mr. Purdy too much. BACKGROUND/PERSONAL HISTORY Birth and Early Development No information was available concerning Mr. Purdy's birth and early development. Health. Mr. Purdy reported that his present health is good and that he is taking no medications or treatments for medical conditions. Mr. Purdy reported that he sleeps approximately six to eight hours each night. He reported no problems going to sleep and no early awakening. He reported that his appetite is good and that he has had no recent precipitous weight gains or losses. Social/Legal. In addition to the recent contempt order (dated 25 February 2000), Mr. Purdy has been on probation twice. Once in 1997 and once, a few months later, in 1998. The incidents resulting in probation, in both cases, involved assaults on other men who, in both cases, were former friends of Mr. Purdy's. In the first case, Mr. Purdy explained that his former friend had "grabbed his girlfriend's butt" and so he hit him during an altercation over the matter. In the second case, Mr. Purdy reported that another former friend had borrowed approximately $300 and when confronted about repayment, an argument ensued which resulted in Mr. Purdy striking the former friend. Neither case resulted in jail time. 3 CLINICAL INTERVIEW/BEHAVIORAL OBSERVATIONS Behavioral Observations. Mr. Purdy appeared older than his stated age. This is likely because he shaves his head, which contributes to an older appearance. On the occasion of the interview, Mr. Purdy was dressed appropriately for a man his age in sport shirt and casual slacks. His hygiene was good and his posture and motor behavior throughout the interview were unremarkable. Mr. Purdy exhibited polite and appropriate social etiquette throughout. Eye contact was easily obtained and appropriately maintained throughout the course of the interview. Mr. Purdy's facial expression was normal. Rapport was easily established and Mr. Purdy was cooperative throughout the interview. Mr. Purdy's speech was normal with no noticeable impairment or pressure. He was responsive to questioning and appropriately offered spontaneous information relevant to topics at hand. Mental status. A mental status examination was administered. Mr. Purdy scored 30 of 30 possible points. The results revealed that Mr. Purdy was properly oriented to time, place, person, and circumstances. His short and intermediate term were intact. Mr. Purdy exhibited good use of language. Accurately reproduced a geometric figure, wrote a grammatically correct sentence, and demonstrated adequate reading ability. Mr. Purdy was alert and attentive throughout the interview. He exhibited no distress. His mood seemed appropriate to the circumstances and his expression of emotion was appropriate and responsive to the topics of the interview. Mr. Purdy reported no signs or symptoms of depression, anxiety or fear. He presented his account of circumstances with regard to his former partner and child in a rational and sensitive manner. He seemed to show insight into the circumstances of his problems and a sensitivity to address the welfare of his child as a first priority. Mr. Purdy exhibited fair abstract reasoning ability and, based upon the results of the G.H. Kent intelligence test, his intelligence is estimated to be in the average range. _ BEHAVIOR ASSESSMENT The Minnesota Multi-phasic Personality Inventory (MMPI) was administered. The MMPI is a comprehensive and broadly validated personality inventory which is used to evaluate individual's personality traits. All of Mr. Purdy's scores and subscores on the test were in the average range and none showed evidence of psycho-pathology or antisocial personality. His score on the subscale that measures the tendency toward aggression and hostility was average, suggesting no particular propensity to violent or aggressive behavior. Though there was some evidence that Mr. Purdy tended to deny or understate negative traits, the scales on the test that statistically assess the veracity of Mr. Purdy's answers showed consistent responding and no systematic tendency to mislead or misrepresent. 4 CONCLUSIONS AND RECOMMENDATIONS Overall, the results man with average intell of this evaluation reveal that Mr. Purdy is a 24-year-old. Caucasian igence. He was cooperative and apparently truthful in his presentation. The results of standardized tests were consistent with information Mr. Purdy provided through interview. No evidence of psycho-pathology or antisocial personality were seenactio in Mr. Purdy's presentation, his own reports or the results of the MMPI. Previous legal infrns (probation for involvement in two fights) seemed circumstantial and reflected an immature response to stressful events but not a persistent pattern of aggressive responding. Based upon the results of this evaluation, there is no evidence to suggest that Mr. Purd his child. Y poses a threat to the well-being of G. avid Smith, Ph.D. Psychologist y/a/a Date -, LAW OFFICES FRIEDMAN & HOCH, P.C. 305 NORTH FRONT STREET SUITE 402 P.O. BOX 885 HARRISBURG. PENNSYLVANIA 17108.0885 CHARLES E. FRIEDMAN KENNETH D. HOCH April 12, 2000 Lori K. Serratelli, Esquire Serratelli, Schiffman, Brown & Calhoon, P.C. Suite 201 2080 Linglestown Road Harrisburg, PA 17110-9670 Re: Paul vs. Purdy Dear Lori: TELEPHONE (717) 232.9925 FAX (717) 232-9946 I am enclosing a copy of the psychological evaluation, although I assume you have also received a copy. Please let me know immediately if your client is willing to agree to unsupervised visitation. If so, let me know what she suggests with respect to a schedule. I will obtain the same information from my client. If I do not hear from you by the end of the week, or if she will not agree to unsupervised visitation, I will ask for an immediate hearing in accordance with Judge Guido's instructions. - Very truly yours, ?•?/} 1 ?-? J lJ tJ Charles E. Friedman CEF/hil Enclosure cc: McDaniel Cover Purdy :-\ LORI K. SERRAMLI SrC'F.N 1. 5(:71IFF•.0\ April 13, 2000 VIA FAX & U.S. MAIL Charles E. Friedman, Esquire FRIEDMAN & HOCH P.U. Box 335 Harrisburg, PA 17103-0335 RE: PAUL vs. PURDY OUR FILE NO. 99-103 Dear Chuck: I just received the psychological evaluation report today and cannot have an answer to you until next week. I am concerned that Dr. Smith did not observe Mr. Purdy with his son nor speak to Pam before reaching his conclusion. I will be in touch. Sincerely, SERRATELLI, SCHIFFMAN, BROWN & CALFIOON, P.C. ., Lori K: $erratelli 'A cnn: ?a-ii (717) 540-7170 ...................... LKS/ted cc: Pamela Paul _. ?.cnsi]Y LAW OFFICES FRIEDINIAN & HOCH, P.C. 705 NORTH FRONT STREET SUITE 402 P.O. BOX 885 HARRISBURG, PENNSYLVANIA 17108.0885 CHARLES E. FRIEDMAN KENNETH D. HOC11 March 10, 2000 Ms. Angela Lanza Dauphin County Adult Probation and Parole 917 Gibson Blvd Steelton, PA 17113 RE: McDaniel Cover Purdy, II No. 99-7013 Civil Term (Cumberland County) Dear Ms. Lanza: TELEPHONE (717) 272.9925 FAX (717) 232.9946 As I told you during our most recent telephone conversation, my partner and I have both spent a tremendous amount of time trying to schedule a psychological evaluation for Mr. Purdy. One of our main problems was the expense and we had great difficulty in finally determining that it will not be covered by his health insurance plan. After speaking with Mr. Hans of your office, I have scheduled an appointment for Mr. Purdy to be examined on March 27, 2000, by Dr. G. David Smith of Riverside Associates. This is the earliest appointment which we could arrange. Dr. Smith will send you a copy of his report. Very truly your Charles E. Friedman CEF/hil cc: tThe Honorable Edward E. Guido Lori Serratelli, Esquire McDaniel Cover Purdy, 11 PAMELA LYNNE PAUL, Plaintiff/Respondent V. McDANIEL COVER PURDY, II, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7013 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of February, 2000, our order of December 7, 1999, is modified to provide that Defendant must schedule a psychiatric or psychological evaluation within 30 days of today's date. By the Court, I RA Edward E. Guido, J. Lori K. Serratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Harrisburg, PA 17110 For the Plaintiff /Respondent Charles E. Friedman, Esquire FRIEDMAN & HOCH, P.C. 305 North Front Street Harrisburg, PA 17108 For the Defendant/Petitioner Probation, M. Piper It zv " `) -/m a a5 00 RNS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7013 CIVIL TERM ORDER OF COURT !¦ AND NOW, this 16th day of February, 2000, by agreement of the parties, Paragraph 5 of our order dated December 23, 1999, shall be modified as follows: 1. Mother shall have primary physical custody of the child. Father shall be entitled to visitation with the child, supervised by one of his parents, at the following times: (a) Two weekdays each week for five hours, to be exercised either from 9:00 a.m. until 2:00 p.m. or from 3:30 p.m• until 8:30 p.m. (b) One weekend day each week to be exercised from 9:00 a.m. to 5:00 p.m. on either Saturday or Sunday. 2. One of the defendant's parents must be in the presence of the defendant and the child at all times during periods of visitation 3. All pick-ups of the child for visitation shall be by one of Mr. Purdy's parents. One of Miss Paul's parents shall retrieve the child from the visitation. 4. Each week, defendant shall promptly notify counsel for Plaintiff of his work schedule and the days upon which he will exercise visitation. PAMELA LYNNE PAUL, Plaintiff/Respondent V. McDANIEL COVER PURDY, II, Defendant/Petitioner By the CouvftN Edward E. Guido, J. RKS Lori K. Serratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Harrisburg, PA 17110 For the Plaintiff /Respondent Charles E. Friedman, Esquire FRIEDMAN & HOCH, P.C. 305 North Front Street Harrisburg, PA 17108 For the Defendant/Petitioner it 7777 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-07013 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PAUL PAMELA LYNNE VS. PURDY, II MCDANIEL COVER R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: PURDY II_ MCDANIEL COVER but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within PROTECTION FROM ABUSE On November 30th, 1999 this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answers.: / Docketing 18.00 Out of County 9.00 Surcharge 8.00 RTT Omas cline, if eri Dep. Dauphin Cc 25.50 $B•0-50 11/30/1999 Sworn and subscribed to before me this /yct day of 6Qrco,,..4z.- 19q? A.D. ir.y3 ro ono a y of lice of f4P S4,..r- iff H : Mari JaneSmder Rc:l rsune Dcixne William T. Tully Solicitor Dauphin Counn Harrisburg, Pcmisyhania 17101 ph: (717) 2554660 fox: (717) 255-2889 Jack Lotwick Sheriff Commonwealth Of Pennsylvania PAUL PAMELA LYNNE County of Dauphin PURDY MCDANIEL COVER II Sheriff's Return No. 2916-T - - -1999 OTHER COUNTY NO. 99-7013 Ralph G. McAllister Chia I kptu}• Michael W. Rinehart Assistant Chici Deputy AND NOW: November 23, 1999 at 10:50AM served the within PROTECTION FROM ABUSE PURDY MCDANIEL COVER II to DEFT 1 true attested co py(ies) of the original PROTECTION FROM ABUSE and making known to him/her the contents thereof at POE: HERSHEY LODGE & CONVENTION CENTER HERSHEY, PA 00000-0000 Sworn and subscribed to before me this 23RD day Of NOVEMBER, 1999 PROTHONOTARY upon by personally handing So Answers, Sheriff ofofDauphin County, Pa. Deputy She Tiff Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO RH i In The Court of Common Pleas of Cumberland County, Pennsylvania Pamela Lynne Paul vs. HEARING DATE: NOV. 29, 1999 McDaniel Cover PUrdy, II No. 99-7013 Civil Now, Nov. 19, 1999 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. P Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this _ day of , 19 copy of the original County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT 19_, at o'clock M. served the the contents thereof. V_. . PAMELA LYNNE PAUL, Plaintiff vs. McDAN1EL COVER PURDY, 11, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7013 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY FINAL PROTECTION ORDER Defendant's Name: McDANIEL COVER PURDY, 11 Defendant's Date of Birth: 07106/75 Defendant's Social Security Number: 173-56-9833 Name of Protected Person: PAMELA LYNNE PAUL AND NOW, this ?3 day of December, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Pamela Lynne Paul, is represented by Joan Carey of Legal Services, Inc.; Defendant, McDaniel Cover Purdy, 11, is represented by Charles E. Friedman of Friedman & Hoch PC. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff's request for a Final Protection Order is granted 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. ? On at m., 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 the Plaintiff at any location, including, but not limited to, any contact at the Plaintiffs current residence, and any other residence she may, in the future, establish for herself, her school, business, and/or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs residence: 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania, the home of her parents, Patricia and Edward Paul, who also provide child care for the parties' minor child Plaintiff's place of employment: West Shore Teachers Credit Union, 1213 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania 4. Defendant shall not contact Plaintiff by telephone orby any other means, except through third persons for the limited purpose of arranging visitation. 5. Custody of the minor child, McDANIEL COVER PURDY, III, DOB: 07/27/99, shall be as follows: The mother shall have primary physical custody of the child. Pending furtherOrderofCourt, contact between Defendant and the child shall be limited to the terms set out in paragraph 2 of this Court's Order entered on December 7, 1999. See attached Exhibit A, incorporated hereto by reference. ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following firearms and/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the 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 solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. 9. Defendant is directed to pay temporary support for the parties' minor child, McDaniel Cover Purdy, III, in the amount of $50.00 per week. Payments shall be made to Plaintiff the Monday immediately following Defendant's bi-weekly paydays, commencing Monday, December 20, 1999. Payments shall be made in the form of a check or money order payable to Plaintiff mailed to her mailing address at 618 Carol Street, New Cumberland, PA 17070. This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shallpay$ to Plaintiffas compensation for Plaintiffs out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to 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 I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/s. ? 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 PITA ORDER and ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 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 BYA FINE OF UP TO $1,000AND/ORA 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. §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. §§ 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 FIREARK48 OR 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 of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession of the weapons until further Order of this Court. When 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, Plaintiffs 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 C T, Edward E. Guido, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: Pamela Lynne Paul, P16tiff /I Joan Carey, Attorney for PI tiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ?p McDanie Cover dy, II, Defendant Charles E. Friedman, Attorney for Defendant FRIEDMAN & HOCH, PC 305 North Front Street Harrisburg, PA 17110 (717) 232-9925 ff7-7. -I 1 ' PAMELA LYNNE PAUL, Plaintiff V. MCDANIEL COVER PURDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 99-7013 CIVIL TERM II, . PROTECTION FROM ABUSE IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 7th day of December, 1999, after hearing, we find the Defendant to be in contempt of our prior Order of Court. The Defendant having waived a presentence investigation report, sentence of the Court is that the Defendant pay the costs of prosecution and undergo supervised probation for a period of 6 months on the condition that he be and remain on good behavior and comply with all directions of his probation officer, which shall include at a minimum the following: 1. That he undergo a psychological or psychiatric evaluation as deemed appropriate by the Probation Office and comply with any treatment recommendations contained therein. 2. That he have no contact whatsoever with the victim of this charge, Pamela Lynne Paul. All visitation with his child shall be arranged through third parties, and the pick up and delivery shall be through third parties as arranged through counsel for the Plaintiff and the Defendant. 3. The Defendant shall comply with all terms of the temporary protectionBXM849PrAd on November 19th, 1999, and such additional Order of Court as may be entered. 1 By the Court, Edward E. Guido, J. John Abom, Esquire Assistant District Attorney Hubert X. Gilroy, Esquire For the Defendant Sheriff :mae " ti. 9 9 I. ,w PAMELA LYNNE PAUL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : 99-7013 CIVIL TERM McDANIEL COVER PURDY, II, : Defendant : PROTECTION FROM ABUSE IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 7th day of December, 1999, after hearing, we find the Defendant to be in contempt of our prior Order of Court. The Defendant having waived a presentence investigation report, sentence of the Court is that the Defendant pay the costs of prosecution and undergo supervised probation for a period of 6 months on the condition that he be and remain on good behavior and comply with all directions of his probation officer, which shall include at a minimum the following: 1. That he undergo a psychological or psychiatric evaluation as deemed appropriate by the Probation Office and comply with any treatment recommendations contained therein. 2. That he have no contact whatsoever with the victim of this charge, Pamela Lynne Paul. All visitation with his child shall be arranged through third parties, and the pick up and delivery shall be through third parties as arranged through counsel for the Plaintiff and the Defendant. 3. The Defendant shall comply with all terms of the temporary protection order entered on November 19th, 1999, and such additional Order of Court as may be entered. orney Lire By the Court, Edward E. Guido, J. 1 /EBT /ERD. Anything else, Mr. /TKPWEUL /ROEU /TKPWEUL 2 /TKPWEUL no, judge. 3 THE COURT: Anything else Mr. Abom bomb 4 bomb no. 5 THE COURT: Did you want to say something? 6 MS. TERPENING: Our office is negotiating 7 with the defendant's attorney in the protection from abuse 8 and custody matter on the issue of custody, and that is 9 through a supervised program. 10 THE COURT: Right now he's not to have any 11 contact with the plaintiff. If he's going to have any 12 visitation with the child, it's got to be arranged through 13 third parties, through Mr. Gilroy and your office. That's 14 the way it stands now. I will change this order upon 15 agreement of the parties. 16 And just so this is clear to you, and 17 there's no part of this you don't understand, no contact 18 means no contact at all. By phone, if you call this person 19 I'm going to put you in jail. By letter, if you write to 20 this lady I'm going to put you in jail. If you come 21 within 500 yards of this lady I'm going to put you in jail. 22 If you see her on the street your obligation is to turn 23 around and run as fast as you can the other way. 24 If you walk into a restaurant she happens to 25 be in, your obligation is to turn around and get out of 14 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause, and that this is a correct transcript of same. /2 ?C.(' /Lj(i <Y a.?'-e Michele A. Eline Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date Edward E. Guido, J. Ninth Judicial District 16 12/09/1999 10:59 717-243-9?97 BRO PAMFJ A LYNNE PAUL, Plaintiff Va. UJOS GILROY PC n PAGE 02/07 M THE COURT OF CUMMON PLEAS OF CUhIBBIZI.AND COUNIY, PENNSYLVANIA MCDANIEL COVER PURDY, II, NO. -W-701.1 CIVIL TERM Defendant : PROTECTION FROM ABUS73 AM CUSTODY El-NAL F WIECTIOhl a1RDER Dcfendant's I`Iatnc: McDANML COVERPURDY, U - - Defendant's Date of Birth: 07106/75 Defendant's Social security Nttmber:173-56-9833 Name Of-Protected Person: PAMELA LYNNE, PAUL AND NOW, this _day of December, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDEl1ED, ADRWGEII, and DECREED as follows: Piaintif?Pamela Lynne Patel, is represented by Joan Corey ofLegal Setvices, Inc.; Defendant, McDaniel Cover Purdy, A, is represented by Ruben X. G*Oy ofBroujos & Gilroy. Defendant, although agreeing to the terms ofthis Order, does not admit the allegations made in the Petition. Q 7Plahrtill's 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. he I. Defendant shall not abuse, s ahe might be found. talk, harass, threaten PlainWi. any place where n 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 prosem on the premises. PETITIONER'S % EXHIBIT Z.Ih.coLl!T 12/09/ 1993 10:59 717-243-2227 K;. BPOUJ M OS GILROY PC In'y PAGE 03/07 El On at .m.,Defendant mayentertheresidencetaretrievehis/hty clothing and other personal effects, provided that Defendant is in the company of a law enforcement ulllcer when such retrieval is made. © s• Except as provided in paragraph 5 of this Order, Defendant is prohibited from having ANY CONTALT with the Plaintiff at any location, including, but not limited to, any contact at the Plaiutttl's current residence, and any other residence she may, in the future, establish for herself, her school, business, and/or place of employment, Defendant is speeitically ordered to stay away thorn the following locations for the duration of this Order: Plaintiff's residence: 618 Carol Street, New Cumberland, Cum berland County Pennsylvania, the home of her parents, Patricia and Edward Paul, who also provide child care for the parties' minor child Plaintiff's place ofemployment: Weet Share Teachers Credit Union, 1213 Slate Hill Road, Camp Hill, CUmbetiand County, Pennsylvania 4- Defendant shall not contact Plaintiff including through third by telephone or by any other means, persons. © 5, Custody ofthe minor child MeD APIIEL CO VEIL pUgDy, a DOB: 07/27!99, Pending further Order of Court, shall be limited to the following: all contact between Defendant and the child Defendant shall have supervised visitation with the child through a s viarriab supervised visitation program such as The Children's playroom or Inner Works in rg, or the Carlisle YWCA, arrangements shag be con through counsel for the parties, firmed d Q- Vereadant shall not contact the plaintiff by telephone or by any other means including third parties. 0 6• Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs office, the following firearms and/or specific weapons used or threatened to be used by Defendant in an act of minor child/ren: abuse against plaintiffend/or the 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 weaporm delivered to 73/1999 10:59 717-243-8227 BROWDS GILROY PC PAGE Oa/07 the aheriffunder Paragraph 6 orthis Order or tinder Pantgraph 6 of the Temporary Order he refwned until filrtherorder of Court. steal! not g• The rotlo?in edditioaal relief is granted as anthorned by §6108 of this Act: I-AwenforceolLnt diwiose huraan serviceagcuciesandschooldistrictsshtdlnOt died the presence of Plnintift' and/or address, telephone number , Or any other demographic iaformatioa about plain except by further Order of Court. tiff and/or chhll This Order shall remain'" effect ulltil modified or terminated reCoortaod call be extended beyond its original expiration date if the Court finds that Defendant practice that has indicates risk act of abuse or has in a Pattern ou committed an of harm to P aintifPand/or mingo rchildrel, or Defendant is required t's relinq may Possess- Defendant's uish to the sherili'any r[rearmlicense Defendant e:piraH wroP(1113 and firearm license may be returned at the on of the protection request to the Court Off' after Defendant has submitted Courthas notified rt for the return of the frearare a written Ptaintiffofthe?Or weapons and the respond. A copy of this Order shall be tranamitteeud to th police department 8° °pP(1rtuoity to County. of(wherelWendant reshls chief orhead )and the sheriffofCnmbererlanend Defendant is byPlaintifL enjoined from damaging or destroying any tnoperly'owned solely Defendant is to refrain from harassing Plaintifrs relatives, 9• Defendantis directed to a temporary s4PPort shall remain in effect until a final suortfor esfoJlows: Order shall lapse automaticali if pp order is entered by . This Order for fifteen(IS)days ofthedate oflhislOWti rne notfile a tpoCourt..However,this reflect Defend , amoamofthtatemforanPl>ortwiththecourtwithin aata correct support obligation, which shall be det ned in does notn guideline at the sup port hearin . ermined' necessarily retroactive to this date, to the 8 adjustments in the find amount of support accordance with the Ppropriate party. Peon shall be credited 0 10. The costs of this action are waived as to Plaintiffand unposed on Defendant. flows: antshall 1. as follows: Which ate OR toPlaintitfascompensationforPlaiutiff UK s out-of-pock losses' 1 12/09/1999 10:59 717-243-8227 PAGE 05/07 BP,OWOS GILROY PC A;44 AWA 11 ? Plaintiff is granted leave to present a petition, with appropriate nntice. to Defendnny to requesting recovery of out-of-pocket losses. The petition shall inchxle. an exhibit iteodring all claimed out-of-pocket losses, copies of all bills and estimates of repair. and an Order schWuting a hearing. No fee shall be required by the Prothonotaty's office for the fling Of this petition. 12. BRADY INDIUMOR ? I. The Plaintiff or protected person/s is a sponse, 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 ofDefendant. U 2. TlnsOrder tsbeingenteredaRerahearing ofxvhichDofendantreceived actual notice and had an opportunity to be heard. ? 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening plaintiTOr protected peraon/s. ? 4. Defendant represents a credible threat to the physical safety of plaintiff or other protected pcrson/s OR ? The terms of this Order prohibit Defendant from using, attempting to use, or tlueatedug to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. © 73. 'WS ORDER SIIPERCEDES ANY FMOR Pk'A ORDER and ANY PRIOR ORDER REIATING TO CHILD CUSTODX. © 14. All provisions of this Order sh911 expire one year from the date this Order is entered. 12/09/1999 10:59 717-243-9227 BROWOS GILROY PC PAGE 07/07 If sufficient grounds for violation or tlds Order are alleged, Defendant shall be arraigned, hnnd cet and both Partieu givan notice of the date of the hearing. i3y 177L COURT, Edward E. Guido. Judge This Order is entered pursuant to the consent Of Plaintiff and Defendant: Pamela Lynne Pa Plaintiff loan Carey, Attorney forPlainff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 McDaniel Cover Purdy, II, Defendaut Hubert X. Gilroy, Attorney for Defendant .BROUJOS & GmROy 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 i ?I BROWOS GILROY PC PAGE_ 06/07 12/03;1999 10:59 717-243-8227 NOTICE 10 'rr DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BYA FINE OF UP TO $1,000 ANDIORAJAIL 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. §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. §§ 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 ENFOMEMENT OFFICIALS The police who have jurisdiction overPlaintiffs residence OR any location where aviolation of this Order ocums OF vibere M-fendant may be located, shall enforce this Order. An arrest for violation ofParagraphs I through 7 of this Order may be without warrant, based solely on probable ranse, whether or not the violation is committed in the presence of the police. 23 N.C.S. §6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during theviolation oftheProtection Order orduring prior incidents ofabuse. The Cumberland County Sheri" s 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 Detndant is to be arraigned. A "Complaint for Tndirect Criminal Contempt" shall then be completed and signed by the police officer OR Ptainlia; Plaintiff's presence and signature are not required to file the complaint. _A PAMELA LYNNE PAUL, Plaintiff VS. McDANIEL COVER PURDY, 11, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7013 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY FINAL, PROTEC'T'ION ORDER Defendant's Name: McDANIEL COVER PURDY, II Defendant's Date of Birth: 07/06/75 Defendant's Social Security Number: 173-56-9833 Name of Protected Person: PAMELA LYNNE PAUL. AND NOW, this gg?day of December, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Pamela Lynne Paul, is represented by Joan Carey of Legal Services, Inc.; Defendant, McDaniel Cover Purdy, II, is represented by Charles E. Friedman of Friedman & Hoch PC. 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. ? Plaintiff's 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. l l PETITIONER'S EXHIBIT Z 2.1 • Co L T ? On at m., 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 the Plaintiff at any location, including, but not limited to, any contact at the Plaintiffs current residence, and any other residence she may, in the future, establish for herself, her school, business, and/or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs residence: 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania, the home of her parents, Patricia and Edward Paul, who also provide child care for the parties' minor child Plaintiffs place of employment: West Shore Teachers Credit Union, 1213 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania 0 4. Defendant shall not contact Plaintiff by telephone or by any other means, except through third persons for the limited purpose of arranging visitation. 5. Custody of the minor child, McDAN1EL COVER PURDY, HI, DOB: 07/27/99, shall be as follows: The mother shall have primary physical custody of the child. Pending further Order of Court, contact between Defendant and the child shall be limited to the terms set out in paragraph 2 of this Court's Order entered on December 7, 1999. See attached Exhibit A, incorporated hereto by reference. ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following firearms and/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minorchild/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: r_-: 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 rinds 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 solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. 9. Defendant is directed to pay temporary support for the parties' minor child, McDaniel Cover Purdy, III, in the amount of $50.00 per week. Payments shall be made to Plaintiff the Monday immediately following Defendant's bi-weekly paydays, commencing Monday, December 20, 1999. Payments shall be made in the form ofa check or money order payable to Plaintiff mailed to her mailing address at 618 Carol Street, New Cumberland, PA 17070. 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 (15) days of the date of this Order. The amount of this temporary orderdoes 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 pays to Plaintiffas compensation for Plaintiffs out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to 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. ?I ? ? 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiffor protected person/s. ? 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected persons OR ? The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiffor 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 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 BYA 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. §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. §§ 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 FIREARK48 OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who havejurisdiction 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 of the Protection Order or during prior incidents of abuse. 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, Plaintiffs 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 COURT, E ward E. Guido, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: Pamela Lynne Paul, PI • tiff Joan Carey, Attorney for Pl#tiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717)243-9400 -&•CI --ae"O - McDanie Cover dy, II, Defendant Charles E. Friedman, Attorney for Defendant FRIEDMAN & HOCH, PC 305 North Front Street Harrisburg, PA 17110 (717) 232-9925 TRUE ff,PY FROM RECORD in Tas tirem-, ! l!^;ru wit-; xtt my harxd and tits sail of rii f court v cajilz4p, Pa. r'tot;,,,riorcry PAMELA LYNNE PAUL, Plaintiff V. McDANIEL COVER PURDY, II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 99-7013 CIVIL TERM PROTECTION FROM ABUSE IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 7th day of December, 1999, after hearing, we find the Defendant to be in contempt of our prior order of Court. The Defendant having waived a presentence investigation report, sentence of the Court is that the Defendant pay the costs of prosecution and undergo supervised probation for a period of 6 months on the condition that he be and remain on good behavior and comply with all directions of his probation officer, which shall include at a minimum the following: 1. That he undergo a psychological or psychiatric evaluation as deemed appropriate by the Probation office and comply with any treatment recommendations contained therein. 2. That he have no contact whatsoever with the victim of this charge, Pamela Lynne Paul. All visitation with his child shall be arranged through third parties, and the pick up and delivery shall be through third parties as arranged through counsel for the Plaintiff and the Defendant. 3. The Defendant shall comply with all terms of the temporary protection]XR4 B4T-Ad on November 19th, 1999, and such additional order of Court as may be entered. By the Court, Edward E. Guido, J. John Abom, Esquire Assistant District Attorney Hubert X. Gilroy, Esquire For the Defendant Sheriff :mae zw1D:'':LSal" .f 1:rA.14'if? `;C;? •rs 2 •::r: t:Y? ':.t ;Na2; ...s .r.y?,; •fri'd'? n 3;.3?:'•di,•.. c:.; 99 t 'tee i- P'M e i LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Fax(717)243-8026 West Shore (717) 766-8475 December 17. 1999 Charles E. Friedman Attorney at Law FRIEDMAN & HOCH P.C. 305 North Front Street Harrisburg, PA 17110 RE: PAUL v. PURDY, II No. 99-7013 Civil Protection From Abuse & Custody Dear Mr. Friedman: Franklin Farm Fare C'h mth r,hurg, Ponmyhanu 17111 (71l)1W4J5J 413 S. Wa,hingum Sirect Oeny,hurg, Nrm,)Mmh, I7.1s (717) 3.14-7hil Ms. Paul came in to our office this afternoon, reviewed the Final Protection Order with the revisions you requested, and signed it. I have enclosed the original document for you to review with Mr. Purdy. Please provide your signatures and return the Order to me in the envelope I have provided. After Judge Guido signs the Order 1 will have two certified copies mailed to you. Please call me if there is anything further we need to discuss. Thank you for your assistance in this matter. Sincerely, LEG L SE$-WES, INC. Jan' erpening Paralegal Enclosures SERVING ADAMS, CUMBERLAND, FRANKLIN AND FULTON COUNI7ES PETITIONER'S EXHIBIT Z?l IQ UntW I" A LAW OFFICES FRIEDMAN & HOCH, P.C. 305 NORTH FRONT STREET SUITE 402 P.O. BOX 885 HARRISBURG, PENNSYLVANIA 17108.0885 CHARLES E. FRIEDMAN KENNETH D. HOCH December 27, 1999 Ms. Pamela L. Paul 618 Carol Street New Cumberland, PA Dear Ms. Paul: TELEPHONE (717) 232.9925 FAX (717) 232.9946 As you know, I am represent Cubby Purdy with respect to custody/visitation and support. Legal Services told me that you are retaining private counsel for the custody issue, but I am writing to you because I have not heard from your attorney. Cubby informs me that you would not allow his sister to pick up the child over the weekend because it is your understanding that visitation must be supervised. This is incorrect, and the Order only states that visitation must be arranged through third parties. I understood through my conversation with Jan Terpening that this could be arranged through Cubby's family, but apparently you feel otherwise. I really do not want to become involved in dealing with this issue. If you have an attorney, please have him or her contact me immediately. Otherwise, I am asking that you accept calls from Cubby's family to arrange visitation in accordance with the terms of the Order. If you do not have .aq attorney, please feel free to call me if you wish to discuss this further. If you do not; I will assume that you have read the Order and agree that supervised visitation is-not required and that one of Cubby's parents or other relatives can call you to arrange visitation. Very truly yours, Charles E. Friedman CEF/hil cc: McDaniel Cover Purdy, II PETITIONER' EXHIBIT L f X00 ALT F LAW OFFICES FRIEDMAN & HOCH, P.C. 305 NORTH FRONT STREET SUITE 402 P.O. BOX 885 HARRISBURG, PENNSYLVANIA 17108.0885 CHARLES E. FRIEDMAN KENNETH D. HOCH January 5, 2000 VIA FACSIMILE AND REGULAR MAIL Lori K. Serratelli, Esquire Serratelli, Schiffman, Brown & Calhoon, P.C. Suite 201 2080 Linglestown Road Harrisburg, PA 17110-9670 RE: Paul v. Purdy Dear Lori: r TELEPHONE (717) 272.9923 FAX (717) 232.9946 It is unfortunate that I have been unable to discuss this matter with you by telephone since the only time you have been available was when our office was closed. I called again after receiving your fax and learned that you are not in your office. Your client's "undergtanding" and her "position" are contrary to the Final Protection Order dated December 23, 1999, and Judge Guido's Order dated December 7, 1999. There is no requirement that visitations be supervised. In fact, this requirement was removed from an earlier draft of the Order following negotiations between Legal Services, who represented Ms. Paul at the time, and myself. I am sure that your client was aware of the terms of the Stipulation which she signed. It is my position that your client is in violation of the Order and I am going to advise my client to file a Petition for Contempt. I really do not care how your client interprets the Order because it is quite clear and I think that it is your obligation to tell her so. She is directed to allow him visitation as arranged through counsel. For your information, Mr. Purdy saw his child almost every day from the time of birth until the time that Ms. Paul told him that he has controlled things for eig imm, PETITIONER'S EXHIBIT 5 7 .110' 00 k--11r- Lori K. Serratelli, Esquire Serratelli, Schiff man, Brown & Calhoon, P.C. January 5, 2000 Page 2 and now she is going to take over and be in control. There is no justification, as she knows, for any of her alleged concerns. Very truly yours, Charles E. Friedman CEF/hil cc: McDaniel Cover Purdy, II s Lau K. SERRATELLI S'(EV•EN J. S.HIFF.NAN MILHAEL t. BROWN RONALD L. C.AIHO(1N 17110 fa1 Az 110. 123' F. 2/2 January 5, 2000 VIA FAX & U.S. MAIL Charles E. Friedman, Esquire 365 North Front Street Harrisburg, PA 17101 RE: PAUL vs. PVRDX OUR FILE NO. 99-402 Dear Chuck: RosER7 D. HAMILTON I am sorry we've missed each other by telephone due to the holidays. I have spoken with Ms. Paul regarding her understanding of the Protection A,IorEw J. OSTR(PhSRi From Abuse Order. I have reviewed the December 23, 1999 Order, which DEBORAH L. PACER refers back to the December 7, 1999 Order, which indicates all visitation shall be arranged through thud parties to avoid contact between Ms. Paul and Mr. STEVEN O, SPAHR Purdy. As you know, the child is an infant and Ms. Paul is, in fact, nursing the baby still. She is also quite concerned about W. Purdy's behavior and is not AN-rcnr J. GULOTrA comfortable with unsupervised visitation. It is my understanding from Legal .MAUFA B. .b1UNDY Services that Judge Guido did not go into any depth on the custody matter. It is probably appropriate for this matter to proceed with Conciliation and a GARTH A. STEaH-Nsor, hearing, if necessary. It is my client's position that she will agree only to nr r(,: X5:1 supervised visitation. We have contacted Innerworks and they are willing to 1a; 11"m 0111`4 act as the supervising party. J01.N D. 5HtR1DA" Please advise if Mr. Purdy has begun the psychological or psychiatric evaluation ordered in the December 7, 1999 Order. Perhaps that could be ........ ' • . ' ' ' helpful in arranging a mutually acceptable custodial schedule. Thank you for your attention. • Sincerely, ' SERRATELLL SCIDFPMAN, s ,.. _ol BROWN & CAL , P.C. HOONN C.50 L:.C1:aa.+•,:?(.a tI h1f , n • 1.,.nYn.?:b, rA I Lori K. Serratelli 171109670 LKShed 171,1540.9170 cc:'. Pamela Paul :•,. O 17, 1 3411.1411 PETITIONER'S EXHIBIT ...................... - c0 r_IL1 ANN 00-hl-C r t9()P le / Q /PN wfY Ag 77 DT 99TE-6PZ (LTL) :zaqutnN auotgdaTas £TOLT eiuenTAsuuad 'aisiTzeJ anuanV A3zagT7 Z u0TleT0oSSV zee AqunoJ PueTzagmnJ 'IKJ3'I ,L3J NKJ nOA SUSHM LflO QNId OS MOI3e HILTOd I3S 3JIddOd3H,L 3NOHde721 'do OS OE) '3NO OTIOddV IONNHJ HO HSAMFt'I K 3AVH ION OQ n0A dI '201%10 IV H2AMV'I 'dnOA OI UadVd SIM EDIVI C['InOHS nOA •q:ioq zo paui3 'lief oq Pa:IgTUnuoo pue aznoJ 30 gdmaquoo u? aq Aeui nod 'uo•rae:lTSTn/APogsno Tetazed .z03 zapz0 s:I? uPiM ATduioo 0:4 p9TTe3 ATTn3TTTM aneq noA ;eq:l spui3 aznoJ aqp 32 V 3nSSI AIM I21nOJ 3HL 'NOSUad NI 'dVHcTdVIOU OQ nO.I INVEdKM ais?lzeJ 'asnogaznoJ Aauno J •eTuenTAsuuad woo.zq.znoJ UT 'W PuelzagucnJ :le ' uo :4znoJ UT uoszad u-, zeadde O ?e znoA gznoJ aq? t{?tM but ?snui noA suozt4l ?oaCgo z??asua IizM u? alTJ noA qou -10 zaggaqM ivefp •suot3oaCgo zo sasua3ap znoA :lznoo aq:1 EPTM bur3?.Im UT 9IT3 'oa pazTnbaz aou aze qnq 'Aeui noA 'sated BUTAIoTTo3 aq; u? gaz03 ;as tuTeTo aq:l asutebe pua3ap oa usiM noA 3I TL"? zed zo3 aznoo 3o zapao up PaAago ue}?e?isin/Apoasno buTbaile noA qsuiebe sip ATTn3ii3M aneq noA ?gbnozq uaag aneq sbuTpaaoozd Tebaj 33?qute1d 'Tried auuAZ eTauted :OL I'ieddK O LL 2 SW_d0 GNK 3JIION AmIsnJ I HS,L 'IIAIJ ETOL-66 -ON VIN'dn'IASNNad 'ALLMOJ aNVUSel4no 30 SVS7d NOb+WOJ d0 I'MOJ 3HI NI zauoiai-4ad/:4uepua3aQ 'II 'AGUnd HSAOJ 'I3INVQoN A :luaPuodsa'd/33T?urpId ''TnF1d 3NNA'I K'I3bgVd i.. 1 1 PAMELA LYNNE PAUL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7013 CIVIL TERM McDANIEL COVER PURDY, II, CUSTODY Defendant/Petitioner PETITION FOR CONTEMPT 1. Petitioner is McDaniel Cover Purdy, II, who resides at 7 Berkley Drive, Middletown, Dauphin County, Pennsylvania. 2. Respondent is Pamela Lynne Paul, who resides at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania. 3. On or about November 19, 1999, Respondent initiated the within action by filing a Petition for Protection from Abuse and Custody. 4. This said Petition, together with a Temporary Protection from Abuse Order and Notice of Hearing and Order were served on the Petitioner on November 23, 1999. S. on November 24, 1999, Petitioner arrived at the residence of Respondent for scheduled child visitation and rang the doorbell several times. He left when no one answered. 6. As a result of the aforesaid, Petitioner was charged with Criminal Contempt and on December 7, 1999, he was found to be in contempt and was sentenced to undergo supervised probation for a period of six months by Honorable Edward E. Guido. A copy of said order of Court is attached hereto, marked Exhibit "A," and incorporated herein by reference. 7. The aforesaid order of Court provided the following, with respect to visitation: That he have no contact whatsoever with the victim of this charge, Pamela Lynne Paul. All visitation with his child shall be arranged through third parties, and the pick up and delivery shall be through third parties as arranged through counsel for the Plaintiff and the Defendant. g. Prior to the above contempt citation, negotiations took place between Legal Services, Inc., representing the Respondent, and Charles E. Friedman, Esquire, representing Petitioner. Said negotiations were directed toward negotiating a consent Final Protection Order. 9. The original drafts of the proposed Final Protection order, which were prepared by Legal Services, Inc., on behalf of Respondent, provided the following: Custody of the minor child, McDaniel Cover Purdy, III, DOB: 07/27/99, Pending further order of Court, all contact between Defendant and the child shall be limited to the following: Defendant shall have supervised visitation with the child through a supervised visitation program such as The Children's Playroom or Inner Works in Harrisburg, or the Carlisle YWCA, arrangements shall be confirmed through counsel for the parties. A copy of said draft is attached hereto, marku,, exhibit "B," and incorporated herein by reference. 10. The Petitioner refused to enter into a consent Order which required supervised visitation, as there was no such requirement in Judge Guido's Order of December 7, 1999. 11. As a result of the negotiations between counsel for the Petitioner and Legal Services, Inc., the parties agreed that the provisions of the Final Protection order regarding visitation would not require supervised visitation but would incorporate Paragraph 2 of Judge Guido's Order of December 7, 1999. 12. A Final Protection order, which contains the consent of both parties and their counsel, was entered by Judge Guido on December 23, 1999. A copy of the Final Protection order is attached hereto, marked Exhibit "C," and incorporated herein by reference. 13. Petitioner's Attorney contacted Legal Services, Inc., for the purpose of arranging custody. He was told that the Respondent was going to retain private counsel, and therefore Legal Services, Inc., would no longer be involved in the custody matter and that he should contact the Respondent directly. 14. On December 27, 1999, Petitioner's Attorney wrote to Respondent requesting that she comply with the aforesaid order. A copy of said letter is attached hereto, marked Exhibit "D," and incorporated herein by reference. 15. Respondent telephoned Petitioner's Attorney and referred him to her attorney, Lori K. Serratelli, Esquire. 16. Following several unreturned telephone calls, Petitioner's Attorney received a letter from Respondent's Attorney, Lori K. Serratelli, Esquire, dated January 5, 2000, in which she stated that her client would only agree to supervised visitation. A copy of said letter is attached hereto, marked Exhibit "E," and incorporated herein by reference. 17. Petitioner's Attorney wrote to Respondent's Attorney on January 5, 2000, again demanding that the Respondent comply with the order of Court and allow the Petitioner to have visitation. A copy of that letter is attached hereto, marked Exhibit "F," and incorporated herein by reference. 18. Mrs. Serratelli and Mr. Friedman spoke by telephone on January 10, 2000. Mr. Friedman was advised that the Respondent continued to refuse to permit Petitioner to have visitation with his child unless the visitation was supervised, which is in violation of the aforesaid order of Court. 19. Respondent's conduct has been dilatory, obdurate, and vexatious in that despite repeated demands from Petitioner's counsel, she refused to comply with the aforesaid orders of Court. WHEREFORE, the Petitioner prays the Court to adjudge the Respondent in contempt of this Court's Order of December 23, 1999, and to order Respondent to pay Petitioner's reasonable a,-ss counsel fees incurred in connection with seeking to have the order enforced as well as with the preparation and presentation of this Petition for Contempt. FRIEDMAN & HOCIi?P.C. Charles E. Friedman, Esquire 305 N. Front Street, Suite 402 P. 0. Box 885 Harrisburg, PA 17108-0885 (717-232-9925) I.D. No. 07175 Attorney for Defendant/Petitioner VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties contained in 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. kaniel v er P rd II l Exhibit A PAMELA LYNNE PAUL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : 99-7013 CIVIL TERM McDANIEL COVER PURDY, II, : Defendant : PROTECTION FROM ABUSE IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 7th day of December, 1999, after hearing, we find the Defendant to be in contempt of our prior Order of Court. The Defendant having waived a presentence investigation report, sentence of the Court is that the Defendant pay the costs of prosecution and undergo supervised probation for a period of 6 months on the condition that he be and remain on good behavior and comply with all directions of his probation officer, which shall include at a minimum the following: 1. That he undergo a psychological or psychiatric evaluation as deemed appropriate by the Probation office and comply with any treatment recommendations contained therein. 2. :That he have no contact whatsoever with the victim of this charge, Pamela Lynne Paul. All visitation with his child shall be arranged through third parties, and the pick up and delivery shall be through third parties as arranged through counsel for the Plaintiff and the Defendant. 3. The Defendant shall comply with all terms of the temporary protection order entered on November 19th, 2999, 1 t and such additional Order of Court as may be entered. By the Court, Edward E. Guido, J. John Abom, Esquire Assistant District Attorney Hubert X. Gilroy, Esquire 'Y-(I?r the Defendant Sheriff mae .,g,r:. ,.;g t_ .^'.. '_2/03;1993 10:59 717-243-32^27 PA MR A LY14NF .PAUL, Plaintiff vs. MCDANIEL COVER.PURDY 11, Defendant BROWOS GILROY PC PAGE .02/07 A? IN TIE COURT OF COJMMON pLEAS O/ CUMBERLAND CoLgITY, PENNSYLVAuIIIA NO. 00-7013 C1V-lL TERM PROTECTION FROM ABUS 9 AND CUSTonv Uetiendant's Name: McDArfML COVER PURDY, fI Defendant's Date of Birth: 1)7/06/7.5 Defendant's Social Seciait3r Nuruber: 173-56-9833 Name of-Protected person: PAMELA LYNNE PAUL AND NOW, this _ day of December, 1999, the court having jurisdiction over the /.sties and the subject-matter; it is ORD ERE'), ADJUDGED, and DECREED as follows. Ploirn4 Pamela Lynne Paul, is Tepresented by Joan Carey ofLegal Services, Inc.: Defendant; McDaniel Cover Purdy, 1, is represented by11»bert X GilmyofBroujos & Gilroy, Defendant, although agreeing to the terms Of this Order, does not admit the allegations made in the Petition. Plaintiffs request for a Final protection ph"nttff and Defendant Order is gaoled pursuant to the consent of . Plainti$'s request fora Fin at protection Order is denied- [&> 1, Defendant shall not abuse, stalk, harass, threaten she might be found Plaintiff in any place where . O 2. Defendant is completely evicted and excluded from the residence at or any other residence where P Defendant shall laintiff may live Esolusive possession of the residence is granted to Plaintiff. have no right or privilege to enter or be present on the premises. :v03;1993 10:59 717-343-3227 BP.OWOS GILROY PC PAGE 03/07 ? On at m., 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. 0 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to. arty contact at the Plaintiff's current residence, and any other residence she may, in the future, establish for herself, her school, business, and/or place of employment. Defendant is specifically ordered to stay away fYom the following locations for the duration of this Order: Plaintiffs residence: 618 Carol Strcc4 New Cumberland, Cumberland County, Pennsylvania, the home of her parents, Patricia and Edward Paul, who also provide child care for the parties' minor child Plaintiff's place of employment: West Shore Teachers Credit Union, 1213 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. © S. Custody of the minor child, McDAIYIEL COVERPURDY, M DOD: 07/27/99, Pending further Order of Court, all contact between Defendant and the child shall be limited to the following: Defendant shall have supervised visitation with the child through a supervised visitation program such as The Children's Playroom or Inner Works in Uarrisbarg, or the Carlisle YWCA, arrangements shall be confirmed through counsel for the parties. 4. Defendant shall not contact the Plaintiff by telephone or by any other means. VVV including third parties. ? G. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following firearms and/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children: f' ? 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 L r,kc$ 12/03,11993 10:59 717-243-3227 3P.OLUOS GILROY PC PAGE 04/07 the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not he. retnmed until further Order of Court. ® S. The following additional relief is granted as authorized by §6108 of this Art: Law enforcement agencies, human service agencies and school districtsshall not ditthnse the presence of Plaintiff and/or addrem, telephone number, or any other demographic information about Plaintiff and/or child/ren except by further Order of Court. This Order shall remain in effect aatil modified orterminated fly 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 minor children. Defendant is required to relinquish to the sheriff any firearmliceose Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Pratection Order after Defendant has submitted a written request to the Court for the return of the firearms and/or weapons and the Court has notified Plaintitfof the request and given Plaintiffan opportunity to respond. A copy of this Order shall he transmitted to the chief or head of the police department of (where Defendant resides) and the sheriff of Cumberland County. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ? 9. Defendantis directed to pay temporary support for as follows: . This Order for support shalt remain in effect ugtil a final support order is entered by this Court. 33owever, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Courtwithin 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 sball be determined in accordance with the guidelines at the support hearing. Amy 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 Plaintiffand imposed on Defendant. ? 11. Defendant shallpayS toPlaintiffas compensation far Plaintiffs out-of-pocket losses, which ate as follows: OR 12/03,'1993 10:59 717-2e3-3:27 BROUJOS GILROY PC PAGE 05/07 ? requesting recovery g plaintiff to request e grantedoleave to present a petition, with appropriate notice to Defendant, iteu f out-of-pocket losses. The petition shall include an exhibit rizing 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 ProthonotWs office for the fling ofthis petition. ? 12, BRADYINDICATOR ? 1. The Plaintiff or protected persons is a spouse, tower spouse, a person who cohahitates or has cohabited with Defendant, a parent of a common child, child of that person, or a child of Defendant. ? 2. This Order is being entered after ahearing ofwhichDefen notice and had an opportunity to be heard. ` COGCived actual ? 1 Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected peraon/s. ? 4- Defendant represents a credible threat other protected persoo/s OR to the physical safety of Plaintiff 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. T'M OP-][)ER SUPERCEDES ANY PRIOR Phi A ORDER And ANY PRIOR ORDER RELATING TO MID CUSTODY. 14. All provisions of this Order shall expire one year from the date this Order is entered. ?2/03/1993 10:59 717-243-0227 BROWOS GILROY PC PAGE 07/07 If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, hnnd set and both partiea given notice of the date of we hearing. BY Tut, COURT, Edward E. Guido, Judge This Order is entered pursuant to the consent ofPlaintitr and Defendant: Pamela Lynne Paul. Plaintiff Joan Carey, Attorney for Plaintiff LEGAL SERVICES. INC. 3 Irvine Row Carlisle, PA 17013 (717) 243-9400 McDaniel Cover Purdy, II, Defendaut Hubert X. Gilroy, Attorney for Defendant BROUJOS & GILROY 4 North Hanover Street Carlisle, PA, 17013 (717) 243-4574 2/03;1993 10:59 717-243-3227 BROLUOS GILROY PC PAGE_ 06/97 NOTICE TO THE JUENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BYA FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 56114. 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. §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. §§ 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 T L W ENFORCEMENT OFFICIALS 1The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this Order occurs OF, where Defendant maybe located, shall enforce this Order. An arrest for violation ofParagraphs l through 7 of this Order may be without warrant, based solely on probable Ohnsc, whether or not the violation is committed in the presence ofthe 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 oftheProtection Order orduring priorincidentsofabuse. The Cumberland County Sheriff's Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed tinder arrest for violation of the Order, Defendant sW 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, Plainlill's presence and signature are not required to file the complaint. .., .,.,.. ..............w., Exhibit C 777- PAMELA LYNNE PAUL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7013 CIVIL TERM McDANIEL COVER PURDY, II, Defendant : PROTECTION FROM ABUSE AND CUSTODY FINAL PROTECTION ORDER Defendant's Name: McDANIEL COVER PURDY, H Defendant's Date of Birth: 07106/75 Defendant's Social Security Number: 173-56-9833 Name of Protected Person: PAMELA LYNNE PAUL AND NOW, this y of December, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Pamela Lynne Paul, is represented by Joan Carey of Legal Services, Inc.; Defendant, McDaniel Cover Purdy, 11, is represented by Charles E. Friedman of Friedman & Hoch PC. 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. ? On at m., 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 the Plaintiff at any location, including, but not limited to, any contact at the Plaintiff's current residence, and any other residence she may, in the future, establish for herself, her school, business, and/or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs residence: 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania, the home of her parents, Patricia and Edward Paul, who also provide child care for the parties' minor child Plaintiffs place of employment: West Shore Teachers Credit Union, 1213 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania 4. Defendant shall not contact Plaintiff by telephone or by any other means, except through third persons for the limited purpose of arranging visitation. 5. Custody of the minor child, McDANIEL COVER PURDY, III, DOB: 07/27/99, shall be as follows: The mother shall have primary physical custody of the child. Pending further Order of Court, contact between Defendant and the child shall be limited to the terms set out in paragraph 2 of this Court's Order entered on December 7, 1999. See attached Exhibit A, incorporated hereto by reference. ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following firearms and/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the 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 solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. 9. Defendant is directed to pay temporary support for the parties' minor child, McDaniel Cover Purdy, III, in the amount of $50.00 per week. Payments shall be made to Plaintiff the Monday immediately following Defendant's bi-weekly paydays, commencing Monday, December 20, 1999. Payments shall be made in the form of a check or money order payable to Plaintiff mailed to her mailing address at 618 Carol Street, New Cumberland, PA 17070. This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary orderdoes not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shallpay$ to Plaintiffas compensation for Plaintiffs out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to 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 ? I. 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. i„.l.;t? ? 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 and ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 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 BYA 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. §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. §§ 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 FIREARf& OR 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 I 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 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, PlaintifFs 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 COURT, fS??.ar!W t4 f Edward E. Guido, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: Pamela Lynne Paul, Plaintiff r' -.1 v G Joan Carey, Attomey for PI tiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ?p McDanie Cover dy, II, Defendant Charles E. Friedman, Attorney for Defendant FRIEDMAN & HOCH, PC 305 North Front Street Harrisburg, PA 17110 (717) 232-9925 Tr COPY in Try ti V -,v^^, ? a ^; n., atr!:: g.,t ,,, ham and die seal :,i zaid Uur! a: Caii'r.;b? Pa. Tit. '?H ;•!.? 18 99 4?----?-I ?7atitlriOT^ ?( PA14ELA LYNNE PAUL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : 99-7013 CIVIL TERM McDANIEL COVER PURDY, II, : Defendant : PROTECTION FROM ABUSE IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 7th day of December, 1999, after hearing, we find the Defendant to be in contempt of our prior Order of Court. The Defendant having waived a presentence investigation report, sentence of the Court is that the Defendant pay the costs of prosecution and undergo supervised probation for a period of 6 months on the condition that he be and remain on good behavior and comply with all directions of his probation officer, which shall include at a minimum the following: 1. That he undergo a psychological or psychiatric evaluation as deemed appropriate by the Probation Office and comply( with any treatment recommendations contained therein. 2. That he have no contact whatsoever with the victim of this charge, Pamela Lynne Paul. All visitation with his child shall be arranged through third parties, and the pick up and delivery shall be through third parties as arranged through counsel for the Plaintiff and the Defendant. 3. The Defendant shall comply with all terms of the temporary protectionIMMIN -Ad on November 19th, 1999, and such additional Order of Court as may be entered. By the Court, Edward E. Guido, J. John Abom, Esquire Assistant District Attorney Hubert X. Gilroy, Esquire For the Defendant Sheriff :mae :h'.i:C:i?iYi;_i,r .r,•.. fi9i'?JS :.7r?.: 4'? `l2?•cr.!? .: f. Exhibit D LAW OFFICES FRIEDMAN & HOCH, P.C. 305 NORTH FRONT STREET SUITE 402 P.O. BOX 885 HARRISBURG, PENNSYLVANIA 17108-0885 CHARLES E. FRIEDMAN KENNETH D. HOCH December 27, 1999 Ms. Pamela L. Paul 618 Carol Street New Cumberland, PA Dear Ms. Paul: TELEPHONE (717) 232.9923 FAX (717) 232.9946 As you know, I am represent Cubby Purdy with respect to custody/visitation and support. Legal Services told me that you are retaining private counsel for the custody issue, but I am writing to you because I have not heard from your attorney. Cubby informs me that you would not allow his sister to pick up the child over the weekend because it is your understanding that visitation must be supervised. This is incorrect, and the Order only states that visitation must be arranged through third parties. I understood through my conversation with Jan Terpening that this could be arranged through Cubby's family, but apparently you feel otherwise. I really do not want to become involved in dealing with this issue. If you have an attorney, please have him or her contact me immediately. Otherwise, I am asking that you accept calls from Cubby's family to arrange visitation in accordance with the terms of the Order. If you do not have an attorney, please feel free to call me if you wish to discuss this further. If you do not, -I will assume that you have read the Order and agree that supervised visitation is not required and that one of Cubby's parents or other relatives can call you to arrange visitation. Very truly yours, Charles E. Friedman CEF/hil cc: McDaniel Cover Purdy, II Exhibit E :.:i. .. `Q( M z. ?< !ib;, N. !7110 January 5, 2000 .1 -N If-). 1232 P. 2122 VIA PAX & U. S. MATE. Lom K. SMKAT[LLI SFEITN J. SCHIFFMAN MILHAEL F. BROWN RONALD L. CAI MIN Charles E. Friedman, Esquire 305 North Front Street Harrisburg, PA 17101 RE: PAUL vs. PURDY OUR FILE NO. 99-402 Dear Chuck: Roses- O. HMInTON I am sorry we've missed each other by telephone due to the holidays. I have spoken with Ms. Paul regarding her understanding of the Protection AvDMV 1. osraowssl From Abuse Order. I have reviewed the December 23, 1999 Order, which DEBORAH L. PACXER refers back to the December 7, 1999 Order, which indicates all visitation shall be arranged through third parties to avoid contact between A. Paul and Mr. STEVEN o• SPAHK Purdy. As you know, the child is an infant and Ms. Paul is, in fact, nursing the baby still. She is also quite concerned about Mr. Purdy's behavior and is not AN, I-ome J. CULOTTA comfortable with unsupervised visitation. It is my understanding from Legal MAGEA B. MuNDr Services that Judge Guido did not go into any depth on the custody matter. It is probably appropriate for this matter to proceed with Conciliation and a GARTH A. STEPH-NsON hearing, if necessary. It is my client's position that she will agree only to Of CwinSd supervised visitation. We have contacted Innerworks and they are willing to %0:. M' nrn O II, I act as the supervising party. is IN o. SI ERIJAN gun the psychological or psychiatric Please advise if Mr. Purdy has be evaluation ordered in the December 7, 1999 Order. Perhaps that could be . ' ... • • . ' ' • ' ' ' helpful in arranging a mutually acceptable custodial schedule. Thank you for your attention. Sincerely, SERRATELLI, SCHIFFMAN, S,--- '0; BROWN & CALHOON, P.C. rn Lori K. Serratelli 17150 9670 LKS/ted 1717) 540.9170 CC Pamela Paul 'AT,7: 7I .i4tl-5591 Exhibit F LAW OFFICES FRIEDMAN & HOCH, P.C. 305 NORTH FRONT STREET SUITE 402 P.O. BOX 885 HARRISBURG, PENNSYLVANIA 17108.0885 CHARLES E. FRIEDMAN KENNETH D. HOCH January 5, 2000 VIA FACSIMILE AND REGULAR MAIL Lori K. Serratelli, Esquire Serratelli, Schiffman, Brown & Calhoon, P.C. Suite 201 2080 Linglestown Road Harrisburg, PA 17110-9670 RE: Paul v. Purdy Dear Lori: TELEPHONE (717) 272.9923 FAX (717) 232.9946 It is unfortunate that I have been unable to discuss this matter with you by telephone since the only time you have been available was when our office was closed. I called again after receiving your fax and learned that you are not in your office. Your client's "understanding" and her "position" are contrary to the Final Protection Order dated December 23, 1999, and Judge Guido's Order dated December 7, 1999. There is no requirement that visitations be supervised. In fact, this requirement was removed from an earlier draft of the Order following negotiations between Legal Services, who represented Ms. Paul at the time, and myself. I am sure that your client was aware of the terms of the Stipulation which she signed. It is my position that your client is in violation of the Order and I am going to advise my client to file a Petition for Contempt. I really do not care how your client interprets the Order because it is quite clear and I think that it is your obligation to tell her so. She is directed to allow him visitation as arranged through counsel. For your information, Mr. Purdy saw his child almost every day from the time of birth until the time that Ms. Paul told him that he has controlled things for eight years Lori K. Serratelli, Esquire Serratelli, Schiffman, Brown & Calhoon, P.C. January 5, 2000 Page 2 and now she is going to take over and be in control. There is no justification, as she knows, for any of her alleged concerns. Very truly yours, Charles E. Friedman CEF/hil cc: McDaniel Cover Purdy, II J i '. } r• o N ? ? N ' W - t ):: 3 J ' rz iv- ri J ?'e. ?J Jc? PAMELA LYNNE PAUL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V PROTECTION FROM ABUSE i , MCDANIEL COVER PURDY, II,: Defendant 99-7013 CIVIL TERM ` IN RE: TRANSCRIPT OF PROCEEDINGS r? Proceedings held before the HONORABLE Edward E. Guido, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Tuesday, December 7, 1999, in Courtroom Number Five. APPEARANCES: John Abom, Esquire Assistant District Attorney For the Commonwealth Hubert X. Gilroy, Esquire For the Defendant JDEX TO WITNESSES DIRECT CROSS REDIRECT RECROSS I MR. ABOM: Good afternoon, Your Honor. 2 MR. GILROY: Good afternoon, Judge. 3 THE COURT: Good afternoon. 4 MR. ABOM: Your Honor, this is the case 5 docketed at 99-7013 Civil Term. It's Pamela Paul, the 6 plaintiff, versus McDaniel Cover Purdy, II, who's the 7 defendant. Mr. Purdy's in court with counsel, Mr. Gilroy, 8 on an indirect criminal contempt allegation, and it's my 9 understanding at this time that the defendant, Mr. Purdy, 10 will be admitting to the allegation in the petition, at 11 which I will set forth. 12 The Commonwealth, in agreement with the 13 victim in this case, Ms. Paul, is not opposing a 14 probationary sentence in this matter. The facts of this 15 case are -- 16 MR. GILROY: Excuse me. I think there's a 17 little misunderstanding. He admits the facts that they 18 allege, but he's not admitting that he intentionally tried 19 to violate the order. 20 THE COURT: Let me see the petition. I do 21 not have a copy of the petition in front of me. 22 MR. ABOM: I think I have an extra one. 23 This is a certified copy. 24 MR. GILROY: And what I was suggesting to 25 the District Attorney, Judge, is that perhaps we admit the 3 1 allegations in the petition, but just allow Mr. Purdy to 2 testify concerning his understanding and why he was by the 3 house and what happened to expedite the hearing. 4 We agree -- 5 THE COURT: Well, technically the petition 6 -- all the petition says i s that he -- that the defendant's 7 violation of the order is averred in the attached criminal 8 complaint. Does he admit the allegations in the complaint? 9 MR. GILROY: He admits he was served with 10 the order, and he admits t he next day he went by the house, 11 but -- 12 THE COURT: He admits the order says he was 13 to have no contact -- 14 MR. GILROY: That's right, but his position 15 is he had a telephone conversation with the mother of the 16 child the day before. He understood that she understood 17 he was coming by to pick up the child. He comes by, waits 18 outside, rings the doorbell when she doesn't come out, and 19 leaves. 20 Then he calls his lawyer, Mr. Freidman, and 21 he's advised by Mr. Freidman that he can't even do i? 22 anything, that that order superseded any verbal agreement I 23 he had with the mother. My point is, the facts are the i 24 facts, and it, in fact, did happen, but whether that merits r . 25 an adjudication of Mr. Purdy in contempt, we would argue 4 't i 1 that it didn't. 2 THE COURT: So you are -- you are 3 stipulating that the Commonwealth's case in chief would be 4 as you have just laid it out? 5 MR. GILROY: That's right. 6 THE COURT: Anything you want to add to 7 that to your case in chief, Mr. Abom? 8 MR. ABOM: Either he pleads guilty or not. 9 It's a matter of sentence why he's got an excuse to be 10 there. If he stipulates that he was there, that he wasn't 11 allowed to be there, he was in New Cumberland jurisdiction, 12 the whole nine yards, fine. 13 THE COURT: You may call your witness, Mr. 14 Gilroy. 15 MR. GILROY: Okay. I call Mr. Purdy. 16 Whereupon, 17 MCDANIEL COVER PURDY, II 18 having been duly sworn, testified as follows: 19 DIRECT EXAMINATION 20 BY MR. GILROY: 21 Q Sir, can you please state your full name and 22 address? 23 A McDaniel Cover Purdy, II, 7 Berkley Drive, 24 Middletown. 25 Q Are you employed, sir? 5 1 A Yes. I 2 Q Where do you work? 3 A Hershey Lodge. 4 Q Mr. Purdy, were you served last week with a 5 Protection from Abuse order by the Sheriff's Department of 6 Cumberland County? 7 A Yes. e Q And which day was that that you were served 9 on? 10 A That was on a Tuesday. The Tuesday before it Thanksgiving. 12 Q Okay. And Pamela Paul is a woman that 13 you've had a prior relationship with; is that correct? 14 A Yes. is Q Do you have a child with Miss Paul? 16 A Yes. 17 Q What's that child's name and age? 18 A McDaniel Purdy, III. He's four months. 19 Q Had you been visiting with the child prior 20 to the filing of the Protection from Abuse order? 21 A Yes. 22 Q On the day before, specifically Monday 23 before Thanksgiving, did you have any discussions with 24 Miss Paul concerning seeing the child? 25 A Yes. 6 I Q Can you tell the judge what discussions you 2 had? 3 A Yes. I called her, and I told her -- I'm 4 usually off Tuesdays and Wednesdays, and I go pick him up 5 at 8:00 in the morning. It just so happened this Tuesday I 6 had to work. I called her Monday night to let her know I 7 had to work, that I couldn't come over to pick him up. So 8 she would have to make other arrangements for someone else 9 to watch him. 10 Q On Tuesday? 11 A On Tuesday, right. And that I would be 12 over on Wednesday morning as always to pick him up, and she 13 said that's fine, and the conversation ended. 14 Q Okay. And you were served with a 15 Protection from Abuse order on Tuesday? 16 A Yes. 17 Q Okay. Once you were served with the order, 18 what was your understanding as far as what was to happen on 19 Wednesday with respect to visiting your child? 20 A The sheriff handed me the papers, and he 21 said, you know, I don't know if, you know, the things that 22 are written in here are true. Just, you know, stay away 23 from her, and I said, tomorrow I go pick up my son, and he 24 said, well, is there any way that you could have someone 25 else pick him up, and I said, no, my mom works, and that 7 1 would be the only other person I could have to go over and 2 get him. So he said -- 3 MR. ABOM: Your Honor, not only am I going 4 to object. We've excused that witness. 5 THE COURT: Sustained. Calm down. Sit 6 down. Calm down. The objection is sustained. I don't 7 want to hear what anybody else said. 8 BY MR. GILROY: 9 Q You're agreeing the sheriff did not give you 10 authority to go over to the house? 11 A Right. 12 Q That's not your position at all. Okay. 13 Mr. Purdy, did you go over to the house on Wednesday 14 morning and pick up your child? 15 A Yes. 16 Q What did you do when you got there? 17 A I pulled up, waited in my truck for about 18 two or three minutes. No one came outside. 19 Q Excuse me. What time did you pull up at? 20 A It was roughly around 8:15. 21 Q And what time were you supposed to be there? 22 A Between 8 and 8:30 I would always go and 23 pick him up. 24 Q Okay. 25 A I got there. I took the car seat out, and 8 I I went up to the front door. I rang the doorbell two or 2 three times, and no one came. I seen her car and her 3 father's car. So I knew someone was there. So I rang 4 the doorbell again. No one came. So at that point I was 5 figuring no one was going to come. So I rang the doorbell 6 again, and I left. 7 And I thought maybe, you know, she would 8 have her dad come out and tell me, you know, something, but 9 no one came. I left. Later on I talked to my attorney, 10 Mr. Freidman. 11 Q Okay. 12 A And I told him that, you know, I went to 13 pick him up a s always on a Tuesday or Wednesday, and that 14 no one came. He said he knew about it. And he said, you 15 know, from he re on out, you know, don't have any contact. 16 Don't call. You know, even though, you know, you have a 17 son, you just -- you have to wait it out. And he said 18 basically jus t to wait until the hearing. 19 Q Okay. Have you had any contact with Miss 20 Paul since th at time? 21 A No. 22 MR. GILROY: Okay. No further questions. 23 THE COURT: Mr. Abom. 24 CROSS EXAMINATION 25 BY MR. ABOM: 9 I Q The conversation you had with Miss Paul was 2 before the sheriff came and served you with the paperwork 3 from the Court; is that correct? 4 A Right. 5 Q Do you read and write the English language? 6 A Yes. 7 Q In the place in the order where it says that 8 you're not to go to Miss Paul's residence at 618 Carol 9 Street in New Cumberland, which part of that provision 10 didn't you understand? 11 A As I understood it, I was to have no contact 12 with her, try to make -- 13 Q No, no. Where it says you don't go to the 14 residence. 15 A Right. 16 Q What part of that don't you understand? 17 A I understood that correctly, and it also 18 says that if I do, I have to contact her counsel, which I 19 didn't know she had an attorney at all for this matter, and 20 when I brought it to my attorney's attention, he said it 21 was on the last page at the bottom. 22 That's who I would have to call to contact 23 to pick up my son. It was to my understanding, and I 24 talked to her, I think that she would tell me that I 25 couldn't come over to get him when I talked to her Monday 10 1 before the PFA was issued, but she told me that, you know, 2 that was fine. 3 MR. ABOM: If I may have one moment, Your 4 Honor. 5 BY MR. ABOM: 6 Q In the temporary order, you agree with me, 7 that the -- at least for a short period of time, until a 8 future hearing, that custody -- complete custody was 9 granted to Miss Paul by this judge, right? 10 A Was I aware of that? 11 Q Um-hum. You read it, of course, right? 12 A Yeah, I read the PFA. -T don't remember 13 reading that about the custody. I just knew that until 14 something was set up, that me and Pam agreed every Tuesday 15 and Wednesday on my days off I would watch him while she 16 went to work. 17 Q Okay. And you agree you didn't call 18 anybody -- Miss Paul's attorney to arrange to pick up, 19 right? 20 A No. I wasn't aware of her attorney. 21 Q And you -- where it says here that even when 22 there is a transfer of custody at her residence, you're 23 supposed to stay in the car and not get out, right? 24 A Right. I did. No one came out. 25 Q All right. And then does it say -- it 11 1 doesn't say in here that if nobody comes out then that 2 grants you permission to get out of your car, right? 3 A No, it doesn't. 4 4 okay. Now, do you understand that 5 regardless of the outcome of this proceeding, that at any 6 time in the future when you go and have contact, a 7 violation of the order, that you'll wind up back in the 8 same situation, right? 9 A Right. 10 MR. ABOM: Nothing futher, Your Honor. 11 THE COURT: Anything else, Mr. Gilroy? 12 MR. GILROY: No, sir, Judge. 13 THE COURT: Do you have any witnesses, Mr. 14 Gilroy? 15 MR. GILROY: No. 16 (Whereupon, the following Order of Court was 17 entered:) 18 AND NOW, this 7th day of December, 1999, 19 after hearing, we find the Defendant to be in contempt of 20 our prior Order of Court. The Defendant is directed to 21 appear for sentence on Tuesday, December twenty - December 22 14, 1999, at 9:30 a.m. A sentencing report is ordered. 23 (End of order.) 24 THE COURT: Sir, you may step down. 25 Actually, do we have his prior record? That's all I'm 12 1 interested in. 2 MR. GILROY: I don't know what his prior 3 record is, Judge. There's allegations somewhere that he 4 has a prior -- do you have a prior criminal record? 5 THE DEFENDANT: Yes. 6 MR. ABOM: Your Honor, I'm looking in my 7 file for that, and as I look here, I do not have a criminal 8 Rap sheet on this defendant. 9 THE COURT: Something that you should be 10 aware of, Mr. Purdy, is that I take these Protection from 11 Abuse orders very, very, seriously. I have put men in 12 jail who have gone to the woman's -- to the plaintiff's 13 home at the plaintiff's request and spent the night with 14 the plaintiff at the plaintiff's request. 15 As long as you have an order signed by me 16 telling you to have no contact, you are to have no contact, 17 and I will put you in jail, and I will not hesitate to do 18 that, regardless if she invites you there or not. This 19 order specifically advised you not to get out of your car 20 during the transfer of custody. You violated that 21 provision of the order. I'm prepared to sentence today, if 22 the Commonwealth is okay with that. 23 MR. ABOM: Well, Your Honor, I would like 24 the benefit of knowing the defendant's prior record. 25 Someone whispered to me that he had an aggravated assault I ?1 3 13 I back in 197 or 198, but I don't know if it was just a 2 charge, whether it was a plea. I don't know if that would 3 be helpful to this Court or not, if it would impact on the 4 sentence or not. 5 THE COURT: Well, I'm going to take a ten 6 minute recess. If you want me to sentence today, I will. 7 If the Commonwealth wants me to wait until next Tuesday 8 I'll do that too. Don't go anywhere until I come back on 9 the bench. 10 (Whereupon, a recess was taken at 3:52 p.m.) 11 AFTER RECESS 12 THE COURT: Are you prepared for sentence 13 today? 14 MR. GILROY: Judge, yes, if it's probation. 15 No, if it's incarceration. This gentleman's working, and 16 he does have a record that is surprisingly significant. 17 THE COURT: In what regard? Let me know 18 what it is. 19 MR. ABOM: I think you would consider them 20 crimes of violence. To go through, Your Honor, a 1997 21 conviction out of one incident involving a false 22 imprisonment, conspiracy to commit kidnaping, and simple 23 assault involving a male individual. I don't have many 24 details about that. I've just run this Rap sheet. 25 Apparently the felony kidnappings were 14 1 dropped. I gather there was some kind of plea agreement. 2 He pled guilty to a simple assault back in 1997 involving 3 this victim, Miss Paul. 4 Further, he has an aggravated assault 5 conviction to which he pled guilty. That's 1997. I have 6 no information from that from the Rap sheet. It's 7 information contained in the petition for the PFA. I 8 think that Mr. Purdy is acknowledging that he does have 9 that conviction. 10 THE COURT: Did you spend time in jail on 11 those charges? 12 MR. GILROY: No, Judge. He's relayed to me 13 it's been probation. 14 MR. A3OM: How about the Ag. Assault? Did 15 you go to jail for the Ag. Assault? He's gotten probation 16 on all of those other things. 17 THE COURT: Where is he working now, Mr. 18 Gilroy? 19 MR. GILROY: Judge, he works at Hershey 20 Lodge. He's been working there since August of 198. He 21 has medical insurance through that job. It covers the 22 child. He pays support, he tells me directly, to the 23 mother in the amount of -- how much? 24 THE DEFENDANT: Two hundred. 25 MR. GILROY: Two hundred dollars a month. 15 1 My belief, based on my conversation with my client, is if 2 he is incarcerated he's going to lose his job. Based upon 3 the situation I suspect that's probably accurate. 4 THE COURT: Well, at one point the victim 5 was prepared to agree to probation of this man. Is she 6 here today? Are you satisfied, ma'am, that this man will 7 stay away from you if the threat of incarceration is above 8 -- is over his head? Are you satisfied that if I have the 9 order put him on probation and direct that he have no 10 contact with you, are you satisfied for your safety? 11 THE VICTIM: If it's supervised probation, 12 that would be okay. 13 THE COURT: We'll enter the following order: 14 AND NOW, this 7th day of December, 1999, 15 after hearing, and the Defendant having waived a 16 presentence investigation report, sentence of the Court is 17 that the Defendant pay the costs of prosecution, and 18 undergo a period of supervised probation, on the condition 19 that he be and remain on good behavior, and comply with all 20 directions of his probation officer, which shall include, 21 at a minimum, the following: 22 1. That he undergo a psychological or 23 psychiatric evaluation as deemed appropriate by the 24 Probation office, and comply with any treatment 25 recommendations contained therein. 16 1 2. That he have no contact whatsoever with 2 the victim of this charge, Pamela Lynne Paul. All 3 visitation with his child shall be arranged through third 4 parties, and the pick up and delivery shall be through 5 third parties as arranged through counsel for the plaintiff 6 and the defendant. 7 3. The Defendant shall comply with all 8 terms of the temporary protection order entered on November 9 19th, 1999, and such additional Order of Court as may be 10 entered. 11 (End of order.) 12 THE COURT: Anything else, Mr. Gilroy? 13 MR. GILROY: No, Judge. 14 THE COURT: Anything else, Mr. Abom? 15 MR. ABOM: No. 16 THE COURT: Did you want to say something? 17 MS. TERPENING: I'm Jan Terpening, 18 T-e-r-p-e-n-i-n-g, legal services. Our office is 19 negotiating with the defendant's attorney in the Protection 20 from Abuse and Custody matter on the issue of custody, and 21 that is through a supervised program. 22 THE COURT: Well, right now he's not to 23 have any contact with the plaintiff. If he's going to 24 have any visitation with the child, it's got to be arranged 25 through third parties, that is arranged through Mr. Gilroy 17 i? l'. i 1 and your office. That's the way it stands now. I' 2 I will change this order upon agreement of i, 3 the parties if -- and just so this is clear to you, and 4 there's no part of this you don't understand, no contact 5 means no contact at all; by phone. If you call this person 6 I'm going to put you in jail. By letter; if you write to 7 this lady I'm going to put you in jail. 8 If you come within 500 yards of this lady, 9 I'm going to put you in jail. If you see her on the 10 street, your obligation is to turn around and run as fast 11 as you can the other way. If you walk into a restaurant 12 she happens to be in, your obligation is to turn around and 13 get out of there because if I find out that you don't, I'm 14 going to put you in jail. Is that clear? 15 THE DEFENDANT: Yes. 16 THE COURT: Okay. All right. And if you 17 abide by that we won't have a problem. If you don't, we 18 will have a great problem. 19 Now, if things change, if she calls you up 20 and asks you to come over, you can't go because I will put 21 you in jail. Unless and until this order is changed, you 22 must abide by it. Do you understand that? 23 THE DEFENDANT: Yes. 24 THE COURT: Not only the Protection from 25 Abuse order that was entered before, but the order that I 18 r-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 entered today. Okay. Now, Mr. Gilroy, would you see that he gets to the Probation Office? MR. GILROY: Yes, Judge. THE COURT: Okay. Good enough. Supervised probation for 6 months on the condition that. I didn't give an amount of time. 19 Y R gotagstQ IsToipnf tlguTN •P 'opinO g paeMpg ageQ pajzJ aq og pagoaatp pue panoadde Agaaaq si aaggew uitjgzM aqg go 6uzaeag atjg uo s6utpaaooad aug go paooaa 6uio6aao3 aq, aagaodag ganoO Zetot330 auitg •V atagolw y 9,-,?bp awns go gdraosueag goaaaoo a si stgg gegg pue 'asneo anoge aqq uo aw dq uaxeg sagou aqq ui ATageanooe pue ATTn3 paureguoo aae s6uzpaaooad atp geug A3zgaao Igasat; I NOI.LKJI3I.L2[3J ?? c+l i m ? r_ ?_ C J (:. _ _ {?` % ? ?'7 ? ?' ? 1 Lf: - 1 ?? ?:y V U J PAMELA LYNNE PAUL. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 99-7013 CIVIL McDANIEL COVER PURDY, 11, . Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this ?I day of November, 1999, this Court certifies that the attached complaint has been properly completed and verified- and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, McDANIEL COVER PURDY If, is directed to appear for trial on the cha ka? rge of Indirect Criminal Contempt before the Court on the I . day of 1999 at 5-1) o'clock P-- m. in Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact shoulc be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6255. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, (S/ (Lt.t?%I.r=rC ?. r-uir?0 Edward E. Guido J. Jonathan R. Birbeck, Chief Deputy District Attorney McDANIEL COVER PURDY, II TRUE COPY FROM RECORD ir. TN trary whim A, I two unto got MY hang and tha sent o, said Court at Canis, Pa. Thk- ay Prothonotary PAMELA LYNNE PAUL. : IN THE COURT OF COMMON PLEASOF Plain•;ff : CUMBERLAND COUNTY, PENNSYLVANIA V. :99-7013 CIVIL McDANIEL COVER PURDY, It Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONW OF INDIRECT CRIMINAL CON TEMP ON CHARGES Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. § 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. § 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. _i Resnectfully submitted, 01/02/1991 01:54 717-774-5758 N.C.P.D. PAGE 02 COMMONWEALTH OF PENNSYLVANIA POLICE COUNTY OF: Clunterland CRIMINAL COMPLA INT renal District Hater: 09_1-01 anct dlrtLm lamena. Charles A. Clement Jr. 1106 Carlisle Rd. COMMONWEALTH OF PENNSYLVANIA CMp Hill, PA 17011 VS DEFENDANT: led°°' (717) 761-4940 n 2 and ADDRRaS M D C ANIEL ODVER PURDY II Docket No.; 7 BERKLE'Y DRIVE Date Filed: - mE MLEIUW, PA 17057 TN: L J city Mwt nal+R'. aeR ? Pals fmde 's D.O.b. fetrhnt's Si al Sta¢iN teal]eY fmrlmt'o ,N di. ®Hsl. 07/06/1975 173-56-9833 E .A. mdrm'e VNdele t--.j.-., Pl d a a nahar V jia tim Stid=(HI/m State /a,eidmt Hat+ro iE other lrtf:iipama 294 D a< District Attorney's Office Approved F-] Disapproved because: I lia di.t = 't?rY r y a?Nin t the c fllim pa. R.4.p. in.) m?laint. en+es! t affldevit. or bed, b nvivmd by the attovW for the ? jth prier 'r. Mao of Att?,Rf fm; O:Aevp?Rlth - pleue PY1ne or type of ACtetTey Eor [t>maeealthl IDatel I, PiTM TANS WaLCR Dame of AYGrm-please Paint eY lye of NEW G[NBFRt EQ j DEPARTb9 1[dmnfy [lq,ce.nc or )0., / Wpiaerntoa and a; do hereby state:(check the appropriate box) 1. ® 1 accuse the above named defendant, who lives at the address set forth above ? 1 accuse an defendant whose name is unknown tome but who is described as C. ? I accuse the defendant whose name 11111 popular designation nr nickname is unknown to mo and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 618 CAROL STREET' NEW CUSERLAbD, PA 17070 (P s-Politlml9bdana,m) in CIN)BII2raND County on or about 24 IhX V IgQ2 1900 0827 1 m Participants were: (if there were participants, place their names here, repeating the name of the above defendant) MWANIEL 2. The acts committed by the accused were. (Set forth a atmmy of the fetes Rdficimt to advise the &fa of tho naetme of tho offaae via" nee, ie nos w,ffiei.rtt, In • e'amaty ceae, Wt rot clca the ? of tM A otarior co the ttu:e al legvily v,o1.,N (I) Il'DB `Ecr ( , eQf1e °er1 mN gdt,et[jm of e:atu oY ocdbi ellaryeay volrl uA.i violation of Court Order awmpr, of J T1741?RARY PFA ORDER Defernt was in direct Novedoer 19, 1999, in Cunberland qty undGAdo in No. er t Te 99-7013, Civil issue dated Statute. In that order, ancrjg other Defendant Protection EYan Abuse was ordered to contact with Pin ela L. Paul, especially att her h? the address of 618 Carol Str have no eet New Clad-erland, Pa., Cumberland County. At the above stated titre and date the Defendant did step foot onto the property of 618 Carol Street, attenptin3 to have contact with Parela L. Paul or other persons within which again was in direct violation of said order. (Civil 23, section 6114, sub-section a) AD 411•(1/M lamas[ -ts ) 1.3 01/02/1991 01:54 717-774-5750 (Continuation of 2.) Defendant Name: Mdla= COVER PURUY II Docket Number: N. C. P. D. PAGE 03 POLICE CRIMINAL COMPLAINT all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of i. 6114 a Of the 23 1 (section) (sub-section) (PA stacucel 1...t.) Z• of the (section) (Sub-Asction) (PA statute) (counts) r• of th. (s.ction) (sub-a.eeion) (PA statute) (counts) • • of th. (section) (Sub-Section) (PA statute) (eounte) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges 1 have made. (in order for a warrant of arrest to issue, the attached affidavit of probable cause must he completed and sworn to before the issuing authority. 4. 'verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the ` 'mCode(18 PA. C.S. ® 4904) relating to u/nJsworn?falsific?a/tion to authorities. 1-J ? D ?OC.?ir?iP L4[Jl? L LL -sign! n 1+^ign.cu5o[ FCltancl AND NOW, on this date I certify the complaint has been properly completed and verified. An avlt o pro a e cause must a comp_Teted in order for a warrant to issue. (May eteria D aeries) ;Zeeutng AuthovtYl SFAL ADPC aZZ-la/9cl(rnceonct v.rsion) 2-8 01/02/1991 01:54 717-774-5758 N.C.P.D. PAGE 04 Defendant Name: McDANM OJVER PURDY II Docket Number. AFFIDAVIT of POLICE CRIIVIINAL COMPLAINT :RUSE Cmp./Inc. No. 1999-11-294 11/24/99 0827 HOURS. THIS AFFIANT WAS GIVEN A CAL FROM CUvEERLAND COUNTY OMM IICATIC NS (DISPATCH) , I WAS TO RESPOND TO 618 CAROL STREET NEW C!UMlM LAbD, PA., C[mERI.AND C XrM, FOR AN ACTIVE PR=C ICN FROM ABUSE ORDER VIOLATION. CCKM ADVISED THE CALIM WAS A PAMELA L. PAUL, FEW= ADVISII; THAT THE SUSPECT WAS TO BE A MODANIEL PERDY II, HEREIN IVNORQ AS TIE DEFENDANT. WHILE RESPONDING DISP= NTOW ADVISED TITAT THE DEFMANTr HAD LEFT THE AREA THRIVING A BLACK OOIORID GM JIMMY, U[IIWWN REGISTRATION. 0835 HOURS, ARRIVED ON THE SCENE AND LF-AM n THAT THE DEFENDANT HAD STEPPED FOOT OHIO THE; PROPERLY OF 618 CAROL STREET, NAD APPFOACIfF9 THE FRCNr DOOR OF SAID RESIDENCE AND PROCEEDED TD PMG THE DOORBELL APPROXIMATELY EICIiT (8) T4dFS, ATTEMPTING TO HAVE COMB= WITH PERSONS WrIHIN. DEF MANT HAD BEEN SERVED A C 013Y OF THE PROTECTION ORDER JUST THE DAY PRIOR AND AM(M MM THINGS IT SPECIFICALLY INSIRUC S HIM NOT M HAVE ANY OVIACT WIIII PAMELA PAUL LIVING AT SAID ADDRESS, THAT HE WAS EXCLUDED FROM STEP=43 FOOT CiM SAID PREMISES AND THAT THE ONLY TIME HE SHOULD BE IN THE AREA WAS FOR REASONS OF EXC HANGING THEIR CHAD TO AND FROM AND EVEN 799 HE IS TO R34AIN INSIDE THE VEHICLE HE ARRIVES IN. DE5T2WM ACTIONS THIS DAY WERE IN DI= VIOLATION OF TIC TEMPORARY PROTECTION FROM ABUSE ORDER SIGNED BY CUMBERLAND COUNTY PRESIDENT JUDGE EDWARD GUIDO ON 11/19/99, CS7C7IYT ORDER NO. 99-7013. I,_ PTLM. BRIAN S. NAILCR , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND BAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION B 9 Sworn to me and subscribed before me this ? day of /(c UZ Date , District Justice My commission expires first Monday of January, ; SEAL =PC 41]-(i/161 ([ntetnat Varaionl 3.3 PAMELA LYNNE PAUL, Plaintiff VS. McDANIELCOVER PURDY, II, Defendant M THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99- 70 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. 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 eoother important rights. A hearing on this matter is scheduled on the,2 day of November, 1999, at /; y U in., in Courtroom No. J- 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. §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. PAMELA LYNNE PAUL, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. MCDANIEL COVER PURDY, II, Defendant NO. 99- CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: McDANIEL COVER PURDY, II Defendant's Date of Birth: 07/06/75 Defendant's Social Security Number: 173-56-9833 Name of Protected Person: PAMELA LYNNE PAUL h AND NOW, this 6 iday of November, 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 she 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. 3. Except for such contact with the minor child as may be permitted under locations for the duration of this Order: 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 Plaintiffs current residence, and any other residence she may, in the future, establish for herself, and/or her place of employment. Defendant is specifically ordered to stay away from the following Plaintiffs residence: 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania, the home of her parents, Patricia and Edward Paul, who also provide child care for the parties' minor child Iffi:,.--. Plaintiffs place of employment: West Shore Teachers Credit Union, 1213 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania E> 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. E> 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child: McDANIEL COVER PURDY, III, 3 months old, DOB: 07/27/99 Pending further Order of Court afterthe scheduled hearing, all contact between Defendant and the child shall be limited to the following: Defendant may contact Plaintiffs counsel to arrange for periods of partial custody with the parties' minor child at times agreed upon by the parties. Defendantshall be responsible for transportation of the child during his periods of partial custody. Transfer of custody shall take place at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania, Plaintiffs residence, where Defendant shall park on the street at the curb in front of Plaintiffs residence, and shall remain in his vehicle at all times during transfer of custody. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: Dot 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 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. 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. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: New Cumberland Police Department for Plaintiffs residence located at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania, which is the home of Plaintiffs parents, Patricia and Edward Paul, who are the minor child's daycare providers. Lower Allen Township Police Department for Plaintiffs place of employment located at West Shore Teachers Credit Union, 1213 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania D 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER and ANY PRIOR ORDER RELATING TO CHILD CUSTODY. D 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 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, 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 I 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 weapons are evidence ofa crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COU PiesWoi Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 PAMELA LYNNE PAUL, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99- 2613 CIVIL TERM McDANIEL COVER PURDY, II, Defendant : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff is Pamela Lynne Paul. 2. The name of the person who seeks protection from abuse is Pamela Lynne Paul. 3. Plaintiffs address is 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070. 4. Defendant resides with his mother at 7 Berkley Drive, Middletown, Dauphin County, Pennsylvania 17057. Defendant's Social Security Number is 173-56-9833 Defendant's date of birth is 07/06/75 Defendant's place of employment is Hershey Lodge and Convention Center, Hershey, Dauphin County, Pennsylvania. 5. Defendant has had an intimate relationship with Plaintiff. 6. Plaintiff and Defendant have been involved in the following court actions: Case name Case No. Date filed Court of Common Pleas Paul v. Purdy, II (PFA) 95- Dauphin County Paul v. Purdy, II (PFA) 97- Dauphin County 7. Defendant has been involved in the following criminal court action: 1997 - convicted of aggravated assault in Dauphin County, Pennsylvania 1997 - convicted of simple assault in Dauphin County, Pennsylvania, related to an incident involving Plaintiff Il-?:: 8. Plaintiff seeks temporary custody of the following child: Name Address Birthdate McDaniel Cover Purdy, III 618 Carol Street 07/27/99 New Cumberland, PA 9. Plaintiff and Defendant are the parents of the following minor child: Name Age McDaniel Cover Purdy, III 3 months old 10. 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) Thechild ispresentlyin thecustody of Plaintiff, PamelaLynne Paul, who resides at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania. C) Since his birth the child has resided with the following persons and at the following addresses: Persons child lived with Address When Plaintiff and her parents, 618 Carol Street 07/27/99 to Patricia and Edward Paul New Cumberland, PA the present d) Plaintiff, the mother ofthe child, is Pamela Lynne Paul, currently residing at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania. e) She is single. 0 Plaintiff currently resides with the following persons: Name Relationship McDaniel Cover Purdy, III her minor child Patricia and Edward Paul her parents g) Defendant, the father of the child, is McDaniel Cover Purdy, II, currently residing at 7 Berkley Drive, Middletown, Dauphin County, Pennsylvania. It) He is single. i) Defendant currently resides with the following person. Name Relationship Debra Hoffman his mother 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: I ) 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 the minor child. 2) Defendant has shown by his abuse of Plaintiff that he 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: On or about November 4, 1999 Place: Plaintiffs residence located at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania On or about November 4, 1999, Defendant threatened Plaintiff saying, "I don't want to hurt you so 1' 11 stay away from you, unless you don't let me see McDaniel (parties' 3-month-old son), then I'll hurt you." 12. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about November 3, 1999, Defendant grabbed Plaintiffs arm and twisted it, as she held the parties' infant in her other arm. Plaintiff sustained bruising about her arm as a result of this incident. b) On or about October 29, 1999, Defendant threatened to go to the home of Plaintiffs parents where she resides with the parties' infant son, and threatened her saying, "I'll snap out on your parents, too." Plaintiff feared for the safety of her parents, her child and herself. c) From early summer 1998, through the present, Defendant has abused Plaintiff in ways, including, but not limited to, the following: shoved her about, held her by her wrists pinning her against a door, threw a can of beer at her causing her to have to move to avoid being hit, threw a remote control at her, and threw her to the floor. Defendant has also threatened Plaintiff several times saying, "If you don't do what I want you to, you know what will happen." referring to the incidents in 1995 and 1997, when he severely beat Plaintiff, causing numerous injuries to her, and after which she filed Protection From Abuse actions against him in Dauphin County. Plaintiff fears that he will follow through with his threats and harm her again. 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: New Cumberland Police Department for Plaintiffs residence located at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania, which is the home of Plaintiffs parents. Patricia and Edward Paul. Lower Allen Township Police Department for Plaintiff's place of employment located at West Shore Teachers Credit Union, 1213 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania 14. There is an immediate and present danger of further abuse from Defendant. 15. Defendant owes a duty of support to Plaintiff for the parties' 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 she may be found. D. Award Plaintiff temporary custody of the minor child and place the following restrictions or contact between Defendant and child: Pending further Order of Court after the scheduled hearing, Defendant may contact Plaintiff's counsel to arrange for periods of partial custody with the parties' minor child at times agreed upon by the parties. Defendant shall be responsible for transportation of the child during his periods of partial custody. Transfer of custody shall take place at Plaintiffs residence. During custody transfer, Defendant shall park on the street at the curb in front of Plaintiffs residence, and shall remain in his vehicle at all times during transfer of custody. C. 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 Plaintiffs residence, and any residence she may, in the future, establish for herself, her place of employment, and/or the daycare facility of the minor child. D. Prohibit Defendant from having any contact with Plaintiffs relatives. E. Order Defendant to pay temporary support to Plaintiff for the parties' minor child, including medical support. F. Order Defendant to pay the costs of this action, including filing and service fees. G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. H. Order the following additional relief, not listed above: Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. 1. Grant such other relief as the court deems appropriate. J. 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 inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 16, The allegations of Count I above are incorporated herein as if fully set forth. 17. The best interest and permanent welfare of the minor child will be served by confirming custody in Plaintiff as set forth in paragraph 10 of the petition. _l Pa.C.S.§5301 et. seq., and other applicable rules and law, to award custody of the minor child to her. Respectfully submitted, _ .cJ anarey, Attorney or Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unswom falsification to authorities. Dated:-[ J I C(-1 -q C, LQ C`?(? a V , o ?J Pamela Lynne Paul, aintiff ?" '? PAMELA LYNNE PAUL. Plaintiff VS. MCDANIEL COVER PURDY. 11. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7013 CIVIL TERM PROTEC"TION FROM ABUSE AND CUs,rODY ORDER FOR CONTINUANCE AND NOW, thiJ. Iy of November. 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on November 29, 1999, at 11:00 a.m. by this Court's Order of November 19. 1999, is hereby rescheduled for hearing on December 21. 1999, at 11:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse. Carlisle. Pennsylvania. 'The'Temporary Protection Prom Abuse Order shall remain in effect for a period of one year from the date it was entered, through November 19.2000, or until furtherOrder ofCourt, whichever comes first. Certified copies ofthis Order for Continuance shall be provided to the New Cumberland and Lower Allen Township Police Departments by Plaintil7's attorney. By the ourt. Edward E. Guido, Judge Joan Carey. Attorney for Plaintiff' LEGAL SERVICES. INC. 8 Irvine Row Carlisle. PA 17013 (717)243-9400 Charles E. Friedman. Attorney for Defendant FRIEDMAN & HOCH. PC 305 North Front Street I Iarrisburg. PA 17110 (717)232-9925 99 DFr -, 4;;. ?,D ? rtirm_ PAMELA LYNN17 PAUL, Plaintit7' VS. MCDANIEL COVER PURDY. II. Defendant IN THE COURT OP COMMON PLEAS 01' CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-7013 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE Plaintiff Pamela Lynne Paul, byand through her attorney. Joan CareyolTegal 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 November 19, 1999. scheduling a hearing for November 29, 1999, at 11:00 a.m. 2. The Cumberland County Sheriffs Department deputized the Sheriffs Department of Dauphin County and deputies served Defendant with a certi fled copy of the Temporary Protection From Abuse Order and Petition far Protection From Abuse at his place of employment, Hershey Lodge & Convention Center. I lershey, Dauphin County, Pennsylvania, on November 23, 1999, at 10:50 a.m. 3. Defendant retained Charles E. Friedman of Friedman & Hoch, P.C. to represent him in the matter. 4. The parties agree, by and through their respective counsel, that the hearing be rescheduled. 5. Plaintiffrequests that the Temporary Protection From Abuse Order remain in effect far a period of one year from the date it was entered, through November 19. 2000. or until further Order of Court, whichever conics first. 6. Certified copies of the Order for Continuance will be delivered to the New Cumberland and Lower Allen Township Police Departments by the attorney for Plaintiff. WI I EREFORE. Plainti lTrequcsts 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 November 19. 2000. or until further Order of Court. whichever comes first. Respectfully submitted, dan Carey. Attorney for Pla' tiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle. PA 17013 (717) 243-9400 PAMELA LYNNE PAUL, Plaintiff V. McDAN1EL COVER PURDY, 11, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7013 CIVIL CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this Zq 7% day of November, 1999, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, McDANIEL COVER PURDY II, is directed to appear for trial on the ycharge of Indirect Criminal Contempt before the Court on the day of 1JLCE , 1999 aL ' ko'clock m. in Courtroom #.S of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be detennined by the Trial Judge subsequent to trial. By the rt, Edward E. Guido J. Jonathan R. Birbeck, Chief Deputy District Attorney McDANIEL COVER PURDY, II ,a>?f?FS .LY b.4. i i F'u?;'A'SYL!? ' rr,44 - Yj K•, PAMELA LYNNE PAUL, : IN THE COURT OF COMMON PLEASOF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :99-7013 CIVIL McDANIEL COVER PURDY, If Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. § 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. § 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, 0,1/02/1991 01:54 717-774-5750 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cb(rberland District Rid)= 09-1-01 aatim NWO:an. Charles A. Clenent Jr 1106 Carlisle Rd. Camp Hill, PA 17011 (717) 761-4940 et No.: Filed: N. C. P. D. PAGE 02 Vs. DEFENDANT: NAME and ADDRESS r MCDANIEL COVER PUZDY 11 7 BERKLEa DRIVE MILDLETOM, PA 17057 IOTN: I L J Cerdant'e D /Rtracity ME; Bsa f"dMt'. D.O.B. Cetdaft'e -..w 9enSlty aODer fedatt'a :10 ®"'ira ? wi"' ? Bradt a 07/06/1975 173-56-9833 ? niapadc ? wow xzrkan ? uk n fedatt'o A.K.A. Pef d"'e Vehicle rnfo®tkn: fendanc'a fb .-. LA. faabe, Plat. MWbW a.-•- RpgiE tiro stidher(W/M state 1999-11-294 District Attorney's Office ? Approved [:] Disapproved because: M* dintzict scrappy VW zequim that the amplaint, wme ?t affidavit. or both be *Wzvmd ty t e atWuW fx the ¢>a. 10 pnor 1r. filing Pa.R.Cr.P. 107.) name of Atrc=W for abta:wwlth - PMae Print w Type of Attorney Eoc Oammtmlth) Itld:ei I, PTIM. BRIAN S. NAILCR now of Affi"u-Please Print ar Type) (offim Badge Neer/t.D. ) of NEW CUMBERLAND POLICE DEPARII4bSII' PA021088 (Identify DepeoarR W Agcy R.pzseenad and rolitiral 9,bdivieim) (folios Agency rnr Habrl (origil."M tesne/ rote Nz,ber(OCW ) do hereby state:(check the appropriate box) 1. ® I accuse the above named defendant, who lives at the address set forth above ? I accuse an defendant whose name is unknown tome but who is described as ? I accuse the defendant whose name and popular designatinn nr nickname is unknown to me and whom -1 have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 618 CAML STREET MEW aMBE RIaAND, PA 17070 (PI-Political Subd>vioim) in CU43MZLW Countyon or about 24 NOVE743ER 1999, 0827 HOURS were: (if there were participants, place their names here, repeatingthe name of the above defendant) 2. The acts committed by the accused were: Met f rch a VMamy of the face. yffleiv,t to k*Am tie dafaW",t of the nabs of the offs ehugad. A nt.eftn W the Mtatute allegedly wil.t.d without i... is not e,ffi-i t . la . euMmy tore, yw apt dw Ne ep.6flc attics ad Wb its of the etetuta or ordii..110godly rol atN.t (1) IWIRECr CRININAI, CagrEMPT, TEMPORARY PEA CRDER. Defendant was in direct violation of Court Order of Judge Edward Guido in No. 99-7013, Civil issue dated Novanber 19, 1999, in Omberland County under the Tefporary Protection From Abuse Statute. In that order, among other rhinos, the Deferx1ant was ordered to have no contact with PcanEla L. Paul, especially at her hcme address of 618 Carol Street New O rberlarld, Pa., CiErberland County. At the above stated time and date the Defendant did step foot onto the property of 618 Carol Street, attelpting to have contact with Pamela L. Paul or other persons within, which again was in direct violation of said order. (Civil 23, section 6114, sub-eectial a) AOM 412.(4/%) (aa:.apt y jCn) 1.8 81/02/1991 01:54 717-774-5758 N.C.P.D. (Coatinuation of 2.) Defendant Name: MMANIM 07HF9Z PURDY II Docket Number: & PAGE 03 POLICE CRIMINAL COMPLAINT all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of I.. 6114 a of the 23 1 (Bocci.) (sub-section) (VA statute) (count.) r. aE the (Sactien) (sub-Secticn) (PA Statute) (counts) 7. oE the (section) (sub-S.etion) (PA statute) (counts) 4• of the (Section) (sub-seeties) (PA Statute) (counts) 3. 1 ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrestto issue, the attached affidavit of probable cause must he completed and sworn to before the iaening authority. 4. 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief, This verification is made subject to the penalties of Section 4904 of the roes Code(18 PA. C.S. IV' ®4904) relating Ov t?o n' J/on to authorities, Y" ///, (signature or MGM AND NOW, on this date I certify the complaint has been properly completed and verif i ed. An ZffXa-l-toTp-roTaT3 e cause must be compa in order for a warrant to issue. SEAL (magisterial District) (Ineuing AVCAOrIty) ADVC 411-(4/96)(Internet V.reion) 2.3 01/02/1991 01:54 717-774-5758 N.C.P.D. PAGE 04 Defendant Name: Mr:12NIEL 03VER PURDY II Docket Number. AFFIDAVIT of Cong./Inc. No. 1999-11-294 POLICE CRBMAL COMPLAINT AUSE 11/24/99 0827 }3IMS. THIS AFFIANT WAS GIVEN A CALL FROM CU43ERLAND CM M 0CNMIDIICA77ICNS (DISPATCH), I WAS TO RESPOND TO 616 CAROL S`IREF7r NEW CIMERLAND, PA., aldlERIAND CC(N1Y, FM AN ACTIVE PRaI=CN FROM ABUSE ORDER VIOLATICNI. COUNTY ADVISED THE CALLER WAS A PAMELA L. PAUL, FLRIHFR ADVIS= THAT THE SUSP= WAS M BE A MMANIEL MW IT, HEREIN RN %V AS TIM DEFE RANT. WHILE RESPCMUG DISPATCH NOW ADVISED TEAT THE DEFENDANT HAD LEFT THE AREA DRIVING A BLACK COLORED GC JIMMY, UNIQdJ U REGISTRATICNI. 0835 HOURS, ARRIVED ON THE SCENE AMID r.FarrNED THAT THE DEFENOMU HAD STEPPED FOOT ONTO THE PROPERTY OF 618 CAROL STREET, BAD APPROACHED THE FRONT DOOR OF SAID RESIDENCE AMID PROCEEDED TO RING THE DOORBELL APPRCXII41TEGY EIGHT (8) TIMES, A77FIM17rIPG TO HAVE CON=T WITH PERSONS WITHIN. DEFEND= HAD BEEN SERVED A COPY OF THE PROTECTION ORDER JUST THE DAY PRIOR AND RaU OTHER THi4GS IT SPECIFICALLY INSTRUCTS HIM NOT TO HAVE ANY CONTACT WrIH PAMELA PAUL LIVINI; AT SAID ALDRESS, THAT HE WAS EXCI)UDED FROM STE 111 EOOT ONTO SAID PREMSBS APED THAT THE ONLY = HE SHOULD BE IN THE AREA WAS FOR REASONS OF EXCIWGING THEIR CHILD TO AND FRCM AND EVEN THEN HE IS M REMW INSIDE THE VEHICLE HE ARRIVES IN. DEFENDANTS ACTIONS THIS DAY WERE IN DIREX.T VIOLATION OF THE TFI4PORARY PROTECTION FROM ABUSE ORDER SIGNED BY CLNEERIAND COUNTY PRFSIDENT JUDGE Is'9AARD GIIDO ON 11/19/99, COURT ORDER M. 99-7013. I,_ PTLM. BRIAN S. NAILOR . BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND B . ? 9 gnacvra o AL and Sworn to me and subscribed before me this r day of Uf /. Date . District Justice My commission expires first Monday of January, ; SEAL =PC 610-(6/16) (Int*M.L VeraioN 63.3 PAMELA LYNNE PAUL, Plaintiff VS. McDANIEL COVER PURDY, II, Defendant M TI1E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99- 70 CIVIL TERM 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, 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 this matter is scheduled on the4z. day of November, 1999, at U () m,, in Courtroom No. f 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. §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 ouroffice. 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. PAMELA LYNNE PAUL, Plaintiff VS. McDANIEL COVER PURDY, II, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: McDANIEL COVER PURDY, It Defendant's Date of Birth: 07/06/75 Defendant's Social Security Number: 173-56-9833 Name of Protected Person: PAMELA LYNNE PAUL AND NOW, this Ll! day of November, 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 she 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. 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 Plaintiffs current residence, and any other residence she may, in the future, establish for herself, and/or her place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs residence: 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania, the home of her parents, Patricia and Edward Paul, who also provide child care for the parties' minor child Y"F'l Plaintiffs place of employment: West Shore Teachers Credit Union, 1213 Slate Hill Road, Camp Bill, Cumberland County, Pennsylvania 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. 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child: McDANIEL COVER PURDY, 111, 3 months old, DOB: 07/27/99 Pending further Order ofCourt after the scheduled hearing, all contact between Defendant and the child shall be limited to the following: Defendant may contact Plaintiffs counsel to arrange for periods of partial custody with the parties' minor child at times agreed upon by the parties. Defendantshallbe responsible for transportation ofthe child duringhis periods of partial custody. Transfer of custody shall take place at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania, Plaintiffs residence, where Defendant shall park on the street at the curb in front of Plaintiffs residence, and shall remain in his vehicle at all times during transfer of custody. ? 6. Defendant shall immediately relinquish the following weaponsto the Sheriffs Office ora designated local law enforcement agency for the delivery to the Sheriffs Office: lit Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 0 7. 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. 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. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: New Cumberland Police Department for Plaintiffs residence located at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania, which is the home of Plaintiffs parents, Patricia and Edward Paul, who are the minor child's daycare providers. Lower Allen Township Police Department for Plaintiff's place of employment located at West Shore Teachers Credit Union, 1213 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania E> 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 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, 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 I 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 of 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 ofa crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COU L damn Zo?G ,?r,?p tJudge Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 PAMELA LYNNE PAUL, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO.99- 7013 CIVIL TERM McDANIEL COVER PURDY, II, Defendant : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE Plaintiff is Pamela Lynne Paul. 2. The name of the person who seeks protection from abuse is Pamela Lynne Paul. 3. Plaintiffs address is 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070. 4. Defendant resides with his mother at 7 Berkley Drive, Middletown, Dauphin County, Pennsylvania 17057. Defendant's Social Security Number is 173-56-9833 Defendant's date of birth is 07/06/75 Defendant's place of employment is Hershey Lodge and Convention Center, Hershey, Dauphin County, Pennsylvania. 5. Defendant has had an intimate relationship with Plaintiff. 6. Plaintiff and Defendant have been involved in the following court actions: Case name Case No. Date filed Court of Common Pleas Paul v. Purdy, II (PFA) 95- Dauphin County Paul v. Purdy, II (PFA) 97- Dauphin County 7. Defendant has been involved in the following criminal court action: 1997 - convicted of aggravated assault in Dauphin County, Pennsylvania 1997 - convicted of simple assault in Dauphin County, Pennsylvania, related to an incident involving Plaintiff 8. Plaintiff seeks temporary custody of the following child: Name Address Birthdate McDaniel Cover Purdy, 111 618 Carol Street 07/27/99 New Cumberland, PA 9. Plaintiff and Defendant are the parents of the following minor child: Name Age McDaniel Cover Purdy, 111 3 months old 10. 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) Thechild is presently in thecustodyof Plaintiff, Pamela Lynne Paul, who resides at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania. c) Since his birth the child has resided with the following persons and at the following addresses: Persons child lived with Address When Plaintiff and her parents, 618 Carol Street 07/27/99 to Patricia and Edward Paul New Cumberland, PA the present d) Plaintiff, the mother ofthe child, is Pamela Lynne Paul, currently residing at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania. e) She is single. f) Plaintiff currently resides with the following persons: Name Relationship McDaniel Cover Purdy, III her minor child Patricia and Edward Paul her parents g) Defendant, the father of the child, is McDaniel Cover Purdy, II, currently residing at 7 Berkley Drive, Middletown, Dauphin County, Pennsylvania. h) He is single. Defendant currently resides with the following person. Name Relationship Debra Hoffman his mother 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: 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 the minor child. 2) Defendant has shown by his abuse of Plaintiff that he 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: On or about November 4, 1999 Place: Plaintiff's residence located at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania On or about November 4, 1999, Defendant threatened Plaintiff saying, "I don't want to hurt you so I'll stay away from you, unless you don't let me see McDaniel (parties' 3-month-old son), then I'll hurt you." 12. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about November 3, 1999, Defendant grabbed Plaintiffs arm and twisted it, as she held the parties' infant in her other arm. Plaintiff sustained bruising about her arm as a result of this incident. b) On or about October 29, 1999, Defendant threatened to go to the home of Plaintiff's parents where she resides with the parties' infant son, and I 1 threatened her saying, "I'll snap out on your parents, too." Plaintiff feared for the safety of her parents, her child and herself. C) From early summer 1998, through the present, Defendant has abused Plaintiff in ways, including, but not limited to, the following: shoved her about, held her by her wrists pinning her against a door, threw a can of beer at her causing her to have to move to avoid being hit, threw a remote control at her, and threw her to the floor. Defendant has also threatened Plaintiff several times saying, "If you don't do what I want you to, you know what will happen." referring to the incidents in 1995 and 1997, when he severely beat Plaintiff, causing numerous injuries to her, and after which she filed Protection From Abuse actions against him in Dauphin County. Plaintiff fears that he will follow through with his threats and harm her again. 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: New Cumberland Police Dement for Plaintiffs residence located at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania, which is the home of Plaintiffs parents, Patricia and Edward Paul. Lower Allen Township Police Department for Plaintiffs place of employment located at West Shore Teachers Credit Union, 1213 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania 14. There is an immediate and present danger of further abuse from Defendant. 15. Defendant owes a duty of support to Plaintiff for the parties' 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 she may be found. B. Award Plaintiff temporary custody of the minor child and place the following restrictions or contact between Defendant and child: Pending further Order of Court after the scheduled hearing, Defendant may contact Plaintiffs counsel to arrange for periods of partial custody with the parties' minor child at times agreed upon by the parties. Defendant shall be responsible for transportation of the child during his periods of partial custody. Transfer of custody shall take place at Plaintiff's residence. During custody transfer, Defendant shall park on the street at the curb in front of Plaintiffs residence, and shall remain in his vehicle at all times during transfer of custody. C. 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 Plaintiffs residence, and any residence she may, in the future, establish for herself, her place of employment, and/or the daycare facility of the minor child. D. Prohibit Defendant from having any contact with Plaintiffs relatives. E. Order Defendant to pay temporary support to Plaintiff for the parties' minor child, including medical support. F. Order Defendant to pay the costs of this action, including filing and service fees. G. Order Defendant to pay $250.00 to reimburse one of Legal Services. Inc.'s funding sources toward the cost of litigation in this case. H. Order the following additional relief, not listed above: Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. 1. Grant such other relief as the court deems appropriate. J. 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 inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 16. The allegations of Count 1 above are incorporated herein as if fully set forth. 17. The best interest and permanent welfare of the minor child will be served by confirming custody in Plaintiff as set forth in paragraph 10 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. Date: Respectfully submitted, Aa: y, Attorney r Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 B. . VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unswom falsification to authorities. ?? ri7V nS?? J Dated: l? C, Pamela Lynne Paul, aintiff c r, l- ? v cli -j 2: LL. 7• :1I'.J l LiJ i!7 U M _J a? U 3, E E L C O ¢ . LL U ,--i } W co U) Q co Q W D O?CC = aZ ,. F QNZ Z U U Q W in : j 2 CL o fn . ?s=z Uj H w H a.l •? 0 QFZ LL o D y e co W W W =: M IL ` 0 U ¢ O rJ vv C M C H 1- 1 u? UUJ ]Z a v H•H a 0 O W y 0 a co P.. as LL Z -J U00 Cc Ww wq l ¢ U !D F co c C ) " - LL O Z 0 _ U m m E q 0 ? t U co £ ON LAW OFFICES FRIEDMAN & HOCH, P.C. 305 NORTH FRONT STREET SUITE 402 P.O. BOX 885 HARRISBURG, PENNSYLVANIA 17108.0885 CHARLES E. FRIEDMAN KENNETH D. HOCH November 24, 1999 The Honorable Edward E. Guido Cumberland County Courthouse Carlisle, PA 17013 RE: Paul v. Purdy No. 99-7013 Civil Term Dear Judge Guido: TELEPHONE 17171 232-9925 FAX 17171 232-9946 I represent the Defendant in the above PFA action. A hearing has been scheduled for Monday, November 29, 1999, at 11:00 a.m. I have spoken to Ms. Jan Terpening of Legal Services and we have agreed to request a continuance in order to allow us to work out the terms of a Consent Order. It is my belief, after meeting with my client, that this matter can be resolved without a hearing. Accordingly, I am requesting that this matter be continued. Very truly yoursl 44 Charles E. Friedman CEF/hil cc: Ms. Jan Terpening PAMELA LYNNE PAUL, Plaintiff/Respondent V. McDANIEL COVER PURDY, II, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7013 CIVIL TERM CUSTODY ACCEPTANCE OF SERVICE I accept service of the Petition for Modification of a Visitation Order. I certify that I am authorized to accept service on behalf of Defendant. Date: a ? C? SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P. C. By; Lori{?//telli, Esquire 2080 Linglestown Road, Suite 201 Harrisburg, PA 1'i110-96'IU (717-540-9170) 1. D. No. ;.? 9 `12 to Attorney for Plaintiff /Respondent :, ?. :, _ „_ i_ :? :. NCV-24 99 16:47 FROM: FRIEDMAN 8 HOCH 717-232-9946 70:2406462 7 LAW OFFICES FRIEDMAN & HOCH, P.C. 305 NORTH FRONT STREET SUITE 402 P.O. Box ees HARRISBURG. PENNSYLVANIA 17108-0885 rIIAKLES E. FRIEDMAN x ENNETH u. HD(.II November 24, 1999 TELEFAX COVER SHEET DATE: November 24, 1999 TO: The Honorable Judge Guido OFFICE: Cumberland County Courthouse FAX NO.: (717) 240-6462 FROM: Charles E. Friedman, Esquire OFFICE: Friedman & Hoch, P.C. RE: Paul v. Purdy No. 99-7013 Civil Term TOTAL # OF PAGES INCLUDING THIS COVER SHEET: 2 MESSAGE: PAGE: 01 TELEPHONE 1711) 172.9925 FAX (717) 222-9946 IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL THE FOLLOWING NUMBER: (717) 232-9925 - Telephone (717) 232-9946 - Facsimile WORTAN-VCONFIDFNTIAL: This cotnmunlcatlon is intended for the use of the hldivldual or entity to which it Is addressed. This message contains Information which may be privileged, confidential, and/or exempt from dlsclmure under applicable law. If the reader of this communication is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication Is strictly prohibited. i +?K NOV-24 99 16:47 FROM:FRIEDMRN & HOCH 717-232-9946 i 70:2906462 LAW OFFICES FRIEDMAN & HOCH, P.C. 305 NORTH FRONT STREET SUITE 902 P.O, BOX 085 HARRISBURG, PENNSYLVANIA 17108.OB95 CHARLES E. FRIEDMAN KENNETH D. HOCH November 24, 1999 The Honorable Edward E. Guido Cumberland County Courthouse Carlisle, PA 17013 RE: Paul v. Purdy No. 99-7013 Civil Term Dear Judge Guido: PAGE: 02 TELEPHONE (711) 232.9925 FAX (711) 232-9946 I represent the Defendant in the above PFA action. A hearing has been scheduled for Monday, November 29, 1999, at 11:00 a.m. I have spoken to Ms. Jan Terpening of Legal Services and we have agreed to request a continuance in order to allow us to work out the terms of a Consent Order. It is my belief, after meeting with my client, that this matter can be resolved without a hearing. Accordingly, I am requesting that this matter be continued. Very truly 0j ljri? h arles E. Fr adman CEF/hil cc: Ms. Jan Terpening PAMELA LYNNE PAUL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. McDAN1EL COVER PURDY,11, Defendant :NO.99- 74 CIVILTERM 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, 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 this matter is scheduled on the,Z L/4ay of November, 1999, at f /; U U in., in Courtroom No. 4' 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. §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. of.. PAMELA LYNNE PAUL, Plaintiff VS. McDANIEL COVER PURDY, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: McDANIEL COVER PURDY, II Defendant's Date of Birth: 07/06/75 Defendant's Social Security Number: 173-56-9833 Name of Protected Person: PAMELA LYNNE PAUL ih AND NOW, this C1 day of November, 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 she 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. 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 Plaintiffs current residence, and any other residence she may, in the future, establish for herself, and/or her place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence: 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania, the home of her parents, Patricia and Edward Paul, who also provide child care for the parties' minor child Plaintiffs place of employment: West Shore Teachers Credit Union, 1213 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania 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. E> S. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child: McDANIEL COVER PURDY, III, 3 months old, DOB: 07/27/99 Pending further Order of Court after the scheduled hearing, all contact between Defendant and the child shall be limited to the following: Defendant may contact Plaintiffs counsel to arrange for periods of partial custody with the parties' minor child at times agreed upon by the parties. Defendant shall be responsible for transportation of the child during his periods of partial custody. Transfer of custody shall take place at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania, Plaintiffs residence, where Defendant shall park on the street at the curb in front of Plaintiffs residence, and shall remain in his vehicle at all times during transfer of custody. ? 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 Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 2> 7. 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. V. _. 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. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: New Cumberland Police Department for Plaintiffs residence located at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania, which is the home of Plaintiff's parents, Patricia and Edward Paul, who are the minor child's daycare providers. Lower Allen Township Police Department for Plaintiffs place of employment located at West Shore Teachers Credit Union, 1213 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania E> 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 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. §6] 14. 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, 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. 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 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COUWf,"? + iesWeiaJudge Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 PAMELA LYNNE PAUL, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. McDANIEL COVER PURDY,11, : NO. 99- 7o13 CIVIL TERM Defendant : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE Plaintiff is Pamela Lynne Paul. 2. The name of the person who seeks protection from abuse is Pamela Lynne Paul. 3. Plaintiffs address is 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070. 4. Defendant resides with his mother at 7 Berkley Drive, Middletown, Dauphin County, Pennsylvania 17057. Defendant's Social Security Number is 173-56-9833 Defendant's date of birth is 07/06/75 Defendant's place of employment is Hershey Lodge and Convention Center, Hershey, Dauphin County, Pennsylvania. 5. Defendant has had an intimate relationship with Plaintiff. 6. Plaintiff and Defendant have been involved in the following court actions: Case name Case No. Date filed Paul v. Court of Common Pleas Purdy, 11(PFA) 95- Paul v. Purdy, 11 (PFA) 97- Dauphin County Dauphin County 7. Defendant has been involved in the following criminal court action: 1997 - convicted of aggravated assault in Dauphin County, Pennsylvania 1997 - convicted of simple assault in Dauphin County, Pennsylvania, related to an incident involving Plaintiff 8. Plaintiff seeks temporary custody of the following child: Name Address Birthdate McDaniel Cover Purdy, III 618 Carol Street 07/27/99 New Cumberland, PA 9. Plaintiff and Defendant are the parents of the following minor child: Name Age, McDaniel Cover Purdy, 111 3 months old 10. 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 thecustodyof Plaintiff, Pamela Lynne Paul, who resides at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania. C) Since his birth the child has resided with the following persons and at the following addresses: Persons child lived with Address When Plaintiff and her parents, 618 Carol Street 07/27/99 to Patricia and Edward Paul New Cumberland, PA the present d) Plaintiff, the motherof the child, is Pamela Lynne Paul, currently residingat 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania. e) She is single. f) Plaintiff currently resides with the following persons: Name Relationship McDaniel Cover Purdy, III her minor child Patricia and Edward Paul her parents g) Defendant, the father of the child, is McDaniel Cover Purdy, 11, currently residing at 7 Berkley Drive, Middletown, Dauphin County, Pennsylvania. h) He is single. i) Defendant currently resides with the following person. Name Relationshir Debra Hoffman his mother 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: I ) 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 the minor child. 2) Defendant has shown by his abuse of Plaintiff that he 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: On or about November 4, 1999 Place: Plaintiff's residence located at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania On or about November 4, 1999, Defendant threatened Plaintiff saying, "I don't want to hurt you so I'll stay away from you, unless you don't let me see McDaniel (parties' 3-month-old son), then I'll hurt you." 12. Defendant has committed the following prior acts of abuse against Plaintiff: twisted iitt,tas or about he held othe parties, infant in her other arm. Plaintiff sustained bruising about her arm as a result of this incident. b) On or about October 29, 1999, Defendant threatened to go to the home of Plaintiff's parents where she resides with the parties' infant son, and i threatened her saying, "I'll snap out on your parents, too." Plaintiff feared for the safety of her parents, her child and herself. e) From early summer 1998, through the present, Defendant has abused Plaintiffin ways, including, but not limited to, the following: shoved her about, held her by her wrists pinning her against a door, threw a can of beer at her causing her to have to move to avoid being hit, threw a remote control at her, and threw her to the floor. Defendant has also threatened Plaintiff several times saying, "If you don't do what I want you to, you know what will happen." referring to the incidents in 1995 and 1997, when he severely beat Plaintiff, causing numerous injuries to her, and after which she filed Protection From Abuse actions against him in Dauphin County. Plaintiff fears that he will follow through with his threats and harm her again. 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: New Cumberland Police De artment for Plaintiff's residence located at 618 Carol Street, New Cumberland, Cumberland County , Pennsylvania, which is the home of Plaintiffs parents, Patricia and Edward Paul. at West Shore Teachers Credit Union, 1213 Slate Hill Ro- cc Or emoloyment located ad, Camp Hill, Cumberland County, Pennsylvania 14. There is all immediate and present danger of further abuse from Defendant. 15. Defendant owes a duty of support to Plaintiff for the parties' minor child. WHEREI'ORE, 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 she may be found. B. Award Plaintiff temporary custody of the minor child and place the following restrictions or contact between Defendant and child: Pending further Order of Court after the scheduled hearing, Defendant may contact Plaintiffs counsel to arrange for periods of partial custody with the parties' minor child at times agreed upon by the parties. Defendant shall be responsible for transportation of the child during his periods of partial custody. Transfer of custody shall take place at Plaintiffs residence. During custody transfer, Defendant shall park on the street at the curb in front of Plaintiffs residence, and shall remain in his vehicle at all times during transfer of custody. C. 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 Plaintiffs residence, and any residence she may, in the future, establish for herself, her place of employment, and/or the daycare facility of the minor child. D. Prohibit Defendant from having any contact with Plaintiffs relatives. E. Order Defendant to pay temporary support to Plaintiff for the parties' minor child, including medical support. F. Order Defendant to pay the costs of this action, including filing and service fees. G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. H. Order the following additional relief, not listed above: Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. Grant such other relief as the court deems appropriate. J. 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 inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 16. The allegations of Count I above are incorporated herein as if fully set forth. 17. The best interest and permanent welfare of the minor child will be served by confirming custody in Plaintiff as set forth in paragraph 10 of the petition. WHEREFORE, pursuant to 23 Pa.C.S.§5301 et. seq., and other applicable rules and law, I'lainti IT prays this Honorable Court to award custody of the minor child to her. Respectfully submitted, Date: // /?? J f zz_, LEGAL,' 8 Irvine F Carlisle,1 (717) 243 //7 VERIFICATION 1 verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.y4904, relating to unworn falsification to authorities. Dated: Pamela Lynne Paul, Plaintiff R. t R? •J t\l 1 l.. a.1 1?- 99T£-6PZ (LTL) auogdaTaJ, £TOLT e?ueATAsuuad 'aTsiTzpO anueAy AgjagTj p NOIJ,KIOOSSK *ave AJ,Nnoo aNvriusewio ' d'ISH gvosI im NKO no7, ausHM imc, aNI3 O.L morm Hj,,doa Las soiaw aHJ, SNOHda'ISJ, HO O,L 00 'ENO O2i033'd LoNNKO do uaxmv I K aAvH LON Oa nOA 3I 'SONO IV URAMVI 'dnO.k 01 'dSdKd SIHI aNVI a7ROHS ROA •bui.zpaq ao aoueaeguoo pejnpagos aq; pua;;p ;snw noA •;znoo au; azo;aq ssauzsnq zo buTaeaq Aup o; .zozzd sanoq ZL ;spaT ;e apew aq ;snw s;uawabuezze TTK •aoi;;o zno ;oe;uoo aspaTd ';znoo eq; azo;eq ssauzsnq buiApq sTpnp-FAipui paTgestp o; aTgpTzenp suoi;epowwoooe aTgeuoseaz pup saz;ZTtoe; aTgissaooe ;noge uoi;ewzojui aog -066T 30 ;0y saT;TTTgesia g;im sueo-PawV aq; g;im ATdwoo o; MpT Aq paatnbaz sT Aqunoo pupTzagwn0 ;o spaTd u0ww00 90 ;zno0 aqJ, IDV SaIJ,I'IIHKSIa HLIM SNVDIUS SN zo;ptTtouoO Ap07Isn0 '.L2iROJ aHJ, HO.4 •zapzo ;uaupwzad zo Azpzodiua; p ;o Az;ue zo3 spunozb apiAOad Apw aouaza;uoo ag; ;p zeadde o; eanlTeg zapzo Azp.zodwa; e o;ut za;ua o; pup ';znoo ag; Aq pzeaq eq o; senssi aq; Mozzeu pup aut;ap o; 'pagsTTdwo:Doe aq ;ouueo szg; ;T .IO :a;ndsip ui sanssi ag; anTosaz o; appw ag TTTM ;zo;;a up 'aouaza;uo0 Bons qv •93uaza;uo0 Apo;sn0 butzeaH-azd a ;109 '•w•',,7 ;e 'OOOZ 77 , ;o APp, ;e '.Z0;pTTT0u00 aq; azo;aq zeadde Tesunoo aAZ;oadsaz zTaq; pup saz;zpd aq; ;pq; pa;oazzp Agazaq sT ;i 'zapz0 u0TIpgTSTA e ;o uoi;poi;tpow zo; Uo'C;T;ad pagoe;;P ag; ;o uoT;ezapisuoo uodn 'OOOZ 77 i ;o stop siq; 'MON aNK lErio0 30 UScrdO zauoi;i;ad/;uppua;a(j Aao,LSnD 'II '7,GUnd EHA00 gSINKa0N WUSI 'IIAIO £TOL-66 'ON A KINKA'IASNNad 'A.LNnOD aMVrl' SSPl Z) ;uapuodsaH/;;TIUTpTd aO SVa'Id NONNOJ 40 JUiI00 SHI NI "I[1Kd aNNA'I VrIENVCT / ? •CL'S ?z?SOU / d?r- %>?6 l PAMELA LYNNE PAUL, Plaintiff/Respondent V. McDANIEL COVER PURDY, II, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7013 CIVIL TERM CUSTODY PETITION FOR MODIFICATION OF A VISITATION ORDER The Petitioner, McDaniel Cover Purdy, II, pursuant to Pennsylvania Rule of Civil Procedure, 1915.15, respectfully represents that: 1. On December 23, 1999, an order was entered for Visitation in Paragraph 5 of a Final Protection Order, a true and correct copy of which is attached. 2. This Order should be modified because the Respondent refuses to comply with its terms and has denied Petitioner visitation of their child unless it is subject to further conditions. WHEREFORE, Petitioner requests that the Court modify the existing order for visitation because it will be in the best interest of the child. FRIEDMAN & HOCH, P.C. Charles E. Friedman, Esquire 305 N. Front Street P. 0. Box 885 Harrisburg, PA 17108-0885 (717-232-9925) I.D. No. 07175 Attorney for Defendant/Petitioner VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that this verification is made subject to the penalties contained in 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. c aniel over u , II rr?a PAMELA LYNNE PAUL, Plaintiff fN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-7013 CIVIL TERM McDANIEL COVER PURDY, II, Defendant : PROTECTION FROM ABUSE AND CUSTODY FINAL PROTECTION ORDER Defendant's Name: McDANIEL COVER PURDY, 11 Defendant's Date of Birth: 07/06/75 Defendant's Social Security Number: 173-56-9833 Name of Protected Person: PAMELA LYNNE PAUL AND NOW, this p? d y of December, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Pamela Lynne Paul, is represented by Joan Carey of Legal Services, Inc.; Defendant, McDaniel Cover Purdy, U, is represented by Charles E. Friedman of Friedman & Hoch PC. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff's request for a Final Protection Order is granted 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 4o Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ? On at m., 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. E> 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiff's current residence, and any other residence she may, in the future, establish for herself, her school, business, and/or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs residence: 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania, the home of her parents, Patricia and Edward Paul, who also provide child care for the parties' minor child Plaintiffs place of employment: West Shore Teachers Credit Union, 1213 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania 4. Defendant shall not contact Plaintiff by telephone or by any other means, except through third persons for the limited purpose of arranging visitation. 5. Custody of the minor child, McDANIEL COVER PURDY, III, DOB: 07/27/99, shall be as follows: The mother shall have primary physical custody of the child. Pending further Order of Court, contact between Defendant and the child shall be limited to the terms set out in paragraph 2 of this Court's Order entered on December 7, 1999. See attached Exhibit A, incorporated hereto by reference. ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following firearms and/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the 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 solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. 9. Defendant is directed to pay temporary support for the parties' minor child, McDaniel Cover Purdy, HI, in the amount of $50.00 per week. Payments shall be made to Plaintiff the Monday immediately following Defendant's bi-weekly paydays, commencing Monday, December 20, 1999. Payments shall be made in the form of a check or money order payable to Plaintiff mailed to her mailing address at 618 Carol Street, New Cumberland, PA 17070. This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correctsupport obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant ? 11. Defendant shallpay$ to Plaintiffascompensation for Plaintiffsout-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to 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 ? I. 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 zhild of that person, or a child of Defendant. ? 2. This Order is being entered aftera hearing ofwhich Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph I 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 and ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 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 BYA FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 1`8 U.$.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARK48 OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who havejurisdiction over Plaintiff's 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 I 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 of abuse. The Cumberland County Sheriff's 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, Plaintiffs 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 COURT, 41644 ? f &XV- 4 °E ward E. Guido, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: Pamela Lynne Paul, Plaintif Joan Carey, Attorney for g stiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 f ?L -,?- XL?? J&? Mc'Danie Cover Rilrdy, II, Defendant Charles E. Friedman, Attorney for Defendant FREEDMAN & HOCH, PC 305 North Front Street Harrisburg, PA 17110 (717) 232-9925 P,tUE Cr',F sy r--P,0P11"REC0%RD m Jils;;rr?an •,na;,-.,.,!, ? `,arc: utY;:; blot ??, ? Itrtr? and tfte Baal of zap ., court 3, Ca i'rAe, Pa. rh, a _9a, of 19 9y Arnti:anoir t' PAMELA LYNNE PAUL, Plaintiff V. McDANIEL COVER PURDY, II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 99-7013 CIVIL TERM PROTECTION FROM ABUSE IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 7th day of December, 1999, after hearing, we find the Defendant to be in contempt of our prior Order of Court. The Defendant having waived a presentence investigation report, sentence of the Court is that the Defendant pay the costs of prosecution and undergo supervised probation for a period of 6 months on the condition that he be and remain on good behavior and comply with all directions of his probation officer, which shall include at a minimum the following: 1. That he undergo a psychological or psychiatric evaluation as deemed appropriate by the Probation office and comply with any treatment recommendations contained therein. 2. That he have no contact whatsoever with the victim of this charge, Pamela Lynne Paul. All visitation with his child shall be arranged through third parties, and the pick up and delivery shall be through third parties as arranged through counsel for the Plaintiff and the Defendant. 3. The Defendant shall comply with all terms of the temporary protectiongX4MB47rAd on November 19th, 1999, and such additional order of Court as may be entered. John Abom, Esquire Assistant District Attorney Hubert X. Gilroy, Esquire For the Defendant Sheriff :mae By the Court, Edward E. Guido, J. :7? .:fi.'vi?`F::nr AY'Lia ' 4'•y: ,: i!':... "Ji. :Tr' a:: f. ?' O1 ti (.1 Liz i 2 (_' C j 'rA??m r CERTIFICATION OF PFA CON EMpr CASE Nina 0l3 NAME _COSL!c par m?nanie? ZI :8JAlclowisi PA 176-57 VICTIM'S NAME: kmela Lynn BALANCE DUE: $ - 7o.SQ 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME r off-fee ADDRESS CITY ADDRESS CITY NAME ADDRESS ADD DELETE $ 10 00 $_ $ 15.00 $ STATE ZIP S--_ STATE ZIP STATE ZIP PROTHONOTARY OFFICE PERSON CERTIFYING INFORMATION ?i1 DATE-/9 12/23/99 TRU 15:36 PAC 717 240 6573 CURD CO PROTHONOTARY 16001 zxsxssxsxsssssxssssss xxs TS REPORT szx ?? 7?f? sxsxsxxzsszszszssxsss TRANSMISSION OK TX/RS NO 1653 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 12/23 15:29 USAGE T 06'27 PGs. 9 RESULT OK It/t9/99 FRI 16:20 FAX 717 240 6573 rnwn rn DunT6nan-VADV 00. 9d/3 M..... --`-'- -- .. - - - w? V V l xxxsxsxxsxxssssxxxxss ssx TX REPORT xsx xsssssxsxsssaxssssxsx TRANSMISSION OK TX/RX NO 1596 CONNECTION TEL 92490779 CONNECTION ID S'I'. TIMIi 11./19 16:14 USAGE' T 05'31. PGS. 7 RESULT OK PRGE:02 MAY-09 00 13:19 FROM:FRIEDMRN 8 HOCH 717-232-9946 T0: 2406462 PAMELA LYNNE PAUL V. McDANIEL C. PURDY, II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7013 CIVIL TERM ORDER OF COURT AND NOW, this 10 day of May, 2000, at the request of counsel, the hearing scheduled for Thursday, May 11, 2000 at 10:30 a.m., in courtroom #5 of the Cumberland County Courthouse is continued until further request of either party. By the Court, O/Cs G,'n6/9 L CU Pi'F--s MA,'/Ed 4i Edward E. Guido, ??? 5./0-00 1Z KS In4le,'Ae/NL ea dE6 ?co? Csq . ?s q? CAA ILAS f2; E06nA l Ri. "C- i ?- y.. ?, I n :;;111 f1! MAY-09 00 13:19 FROM:FRIEDMAN & HOCH CHARLES E. FRIEDMAN KENNETH D. HOCH 717-232-9946 T0: 2406462 LAW OFFICES FRIEDMAN & HOCH, P.C. 305 NORTH FRONT STREET SUITE 402 P.O. BOX 885 HARRISBURG. PENNSYLVANIA 17108.OSB6 PRGE:01 'r EI.EPHONE (7171 232-9925 FAX (117) 232.9946 TELEFAX COVER SHEET DATE: May 9, 2000 TO: The Honorable Edward E. Guido OFFICE: Cumberland County Courthouse FAX NO.: 717-240-6462 FROM: Charles E, Friedman, Esquire OFFICE: Friedman & Hoch, P.C. RE: Paul v. Purdy, No. 99-7013 TOTAL # OF PAGES INCLUDING THIS COVER SHEET: 2 MESSAGE: Ms. Paul is now represented by Marianne E. Rudebusch, Esquire, who concurs in this request. Charles E. Friedman, Esquirc IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (717) 232-9925 MAY 1 0 200? PAMELA LYNNE PAUL, ) Plaintiff ) VS. ) McDANIEL COVER PURDY,11, ) Defendant ) IN THE COURT OP COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7013 CIVIL TERM ORDER AND NOW this /L- day of 1000, it being reported to the Conciliator that the Mother has obtained new c unsel and the parties arc attempting to negotiate an amicable resolution which at this time makes lurher proceedings unnecessary, the undersigned Conciliator hereby relinquishes jurisdiction and returns the matter to the Court Administrator. If either of the parties wishes further proceedings in this action, they should petition the Court anew. FOR THE COURT, 1 MI IAGL L. BANGS Custody Conciliator cc: Marianne E. Rudebusch, Esquire Charles E. Friedman, Esquire >-• C5 r- ir . LLI?? ?' y6i' ?"' ?Ita L' C U PAMELA LYNNE PAUL : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MCDANIEL C. PURDY, II : NO 99-7013 CIVIL TERM AND NOW, this 247" day of MAY, 2000, all parties and their counsel are ordered and directed to cease corresponding with the Court ex parte. Any further contact with the Court regarding the substance of the case shall be by petition or motion with copies appropriately served on opposing counsel. Marianne E. Rudebusch, Esquire Charles E. Friedman, Esquire By the idward E. Guido ? r(S :sld V. _, - . ,. ?rpgv ... I? In PAMELA LYNNE PAUL PLAINTIFF V. MCDANIEL COVER PURDY, II DEFENDANT IN THE COURT' Ol. COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA . 99-7013 CIVI 1, ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday February 27, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P Greevy, Esq. , the conciliator, Tuesday, March 27, 2001 at 1•'00 P•m• at 214 Senate Avenue Suite 105 Camp Hill, PA 17011 on for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute, or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, a,r r• n ('roamv. Fsa" By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disnbilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SE'T FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 S.F. i I •d?•Dl y7?, n??/ T A -21 PAMELA LYNNE PAUL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA Vs. MCDANIEL COVER PURDY, Il, NO. 99-7013 Civil Term Defendant CIVIL ACTION-LAW ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Conciliator, on , the 2001 at day of_ ?.m. in the office of said conciliator located at for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: Date: BY: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House One Court House Square Carlisle, Pa. 17013 (717) 240-6200 PAMELA LYNNE PAUL, Plaintiff Vs. MCDANIEL COVER PURDY, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7013 Civil Term CIVIL ACTION - LAW COMPLAINT TO MODIFY CUSTODY ORDER AND NOW, this 0-9> Day of February, 2001, comes McDaniel Cover Purdy, II, by his attorney, Arthur K. Dils, Esquire, and respectfully requests the following: 1. The Defendant, McDaniel Cover Purdy, II, is an adult individual, who currently resides at 7 Berkley Drive, Middletown, Dauphin County, Pennsylvania 17057. 2. The Plaintiff, Pamela Lynne Paul, is an adult individual, who currently resides at 618 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant are the natural parents of one child; namely: McDaniel Cover Purdy, III, born July 27, 1999. 4. Attached hereto and marked Exhibit "A" is an Order of Court dated February 16, 2000, setting forth the current custody and partial custody arrangements between the parties. 5. The Defendant, McDaniel Cover Purdy, II, desires to extend his partial custody times with his son. 6. It is in the best interest of the minor child that the Defendant, McDaniel Cover Purdy, II, be granted extended partial custody. -2- ZE, the Defendant, McDaniel Cover Purdy, 11, prays your m extended periods of time with his son. Respectfully submitted, ?v BY: /?CJ??I Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PA. 17102 (717) 232-9724 I.D. No. 07056 -3- PAMELA LYNNE PAUL, Plaintiff/Respondent V MCDANIEL COVER PURDY, II, Defendant/ Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7013 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of February, 2000, by agreement of the parties, Paragraph 5 of our order dated December 23, 1999, shall be modified as follows: 1. Mother shall have primary physical custody of the child. Father shall be entitled to visitation with the child, supervised by one of his parents, at the following times: (a) Two weekdays each week for five hours, to be exercised either from 9:00 a.m. until 2:00 p.m. or from 3:30 p.m. until 8:30 p.m. (b) One weekend day each week to be exercised from 9:00 a.m. to 5:00 p.m. on either Saturday or Sunday. 2. One of the defendant's parents must be in the presence of the defendant and the child at all times during periods of visitation 3. All pick-ups of 'the child for visitation shall be by one 3f Mr. Purdy's parents. One of Miss Paul's parents shall retrieve the zhild from the visitation. 4. Each week, defendant shall promptly notify counsel fo= Plaintiff of his work schedule and the days upon which he will ex_rcise visitation. TRIF r.-)?Y FROM REM"' In Testim;•:: .:. %of, I here unto set r :,arA and the seal of said Court a Aisle, Pa. Thi ..Z.? o ....... O.Q. mthonotary By.:: e Co Edward E. Guido, J. RXHIRIT "A" ?,0 n VFRIFICATI(iN i = I verify that the statements made in this Complaint are true and correct. i understand that Pulse statements herein are made subject to the penalties of I8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Z, 20 10 I OD Cti V\ C',\. 5Ch,A. 04/05/2001 12:21 7174418996 MELISSA P GREEVY ESO -.•• Lt"Wc'ullNTY COURTS PAGE 01 fmoul ? r CE „ ` 1 Iv h rt ' I I?011Mdanl I?pMyythV:jDef Atfy; .PAMELA LYNNE PAUL i;MCDANIEL COVER PURDY, 99.7013 ;ARTHUR DILS Candlalo, aWa •Deb ?p?ed: ICkdWIn (7t7) 705-M5 .. .M 4101 .:117101 ....... .......... Canqutl •1 Dot TFna 0 • _ T? 'PIaIMM I?Dofandam _ ??OcdK Number 4Ly; - ROBERT J. MARSH KATHLEEN S. MARSH 01.1873 MARY ETTER DI331NOER' ngllelm Cafe Oete ,ue,IpnW: reF- ealn ? (77717PJ-80 5 . -- M IrS'O7 •SI7N01 ._. ICantlltam Dot liTku ?? 1101) PlurrtMf _, .. ?De(mdant _- J?lbckct NurMei r-_. - .. ... .. P ? J , ILL M. CASTNER CFIRISTUIN J, CABiN6R 814137 K EEIIRSTEN DAVIDSON ..... ...-..._.... . . :. Candllabr WCe?JI?ata Nalpnod: ??GbdteE-!n ? 171)1767.8975 M AD701Au{p„ C Ile at • Mme _ _ -? I......._.?.. (?Jp I 1 i j ... /j I 1/:3/o/ Aux , CsQ? avee-m-f?i p r o/ ( L 1?Ja d D CE an c? -fttzg lip, V - PAMELA LYNNE PAUL, Plaintiffs Vs. MCDANIEL COVER PURDY, If, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7013 Civil Term CIVIL ACTION-LAW ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Conciliator, on , the day of 2001 at m. in the office of said conciliator located at for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: Date: BY: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland Count} One Court Hou. Carlisle, Pa. (717) 240-1 PAMELA LYNNE PAUL, Plaintiff VS. MCDANIEL COVER PURDY, 11, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7013 IN CUSTODY PETITION FOR CONTEMPT OF COURT AND NOW, this 2"' day of April, 2001, comes the Defendant, McDaniel Cover Purdy, II, by his attorney, Arthur K. Dils, Esquire, and respectfully avers the following: 1. Your Petitioner is McDaniel Cover Purdy, II, the Defendant above named, who is represented by Arthur K. Dils, Esquire, whose office is located at 1017 North Front Street, Harrisburg, Pennsylvania 17102. 2. The Respondent is Pamela Lynne Paul, the Plaintiff above named, who currently resides at 618 Carol Street, New Cumberland, Pennsylvania 17070. W::. 3. The parties are the natural parents of one child; namely: McDaniel Cover Purdy, III, born July 27, 1999. 4. A Complaint to Modify the current Order of Court concerning custody and visitation was filed by your Petitioner and a conciliation conference is scheduled for April 3, 2001 at 1:00 p.m. before Melissa P. Greevy, Esquire. 5. The Respondent has violated the current Order of Court in that she has refused visitation as follows: (A) The weekend of March 24, 2001, the Respondent informed your Petitioner she had plans involving the minor child and your Petitioner could not see his son during that time; (B) Attached hereto and marked Exhibit "A" is a letter from the Respondent informing your Petitioner that he could not visit with his son as requested during the weekend of December 9, 2001. -2- 6. The Respondent has repeatedly denied your Petitioner requested visitation with his son, continually making excuses. 7. The Respondent has interfered with the relationship between the minor child and your Petitioner. 8. The Respondent is unreasonable and has failed to work with your Petitioner in permitting visitation. 9. The Respondent is in contempt of the current Order of Court. 10. Your Petitioner respectfully requests that the Respondent be held in contempt of Court and that your Petitioner be granted make-up visitation with his son. WHEREFORE, your Petitioner, McDaniel Cover Purdy, II, prays your -3- Honorable Court to find the Respondent in contempt and to award him make-up visitation with his son. Respectfully submitted, BY: f '?/Gf cGyN?y(Y Arthur K. Dils, Esquire 1017 N. Front Street Harrisburg, PA. 17102 (717) 232-9724 I.D. No. 07056 r' n December 6, 2000 Dear McDaniel II, This Saturday you requested visitation from 9:00 a.m. to 5:00 p.m. However, McDaniel III and I have plans already for that day. If you would like to have him that evening from 4:00 to 8:30 p.m. that will be fine. Please respond accordingly. Thank You, vLL EXHIBIT "A" VRR•tN`?? .t t?N _ ll verify that the statements made in this Petition for contempt of court ate true and correct. l understand thyt false sunements heroin arc made subject ,? tbo penalties of 18 Pa. C.S. Section 4904 relating to ultsworn frlsitication to ' autbdrities. March 30, 2001 J J r PAMELA LYNNE PAUL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA Vs. NO. 99-7013 Civil Term MCDANIEL COVER PURDY, II, Defendant CIVIL ACTION-LAW ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Conciliator, on , the day of 2001 at .m. in the office of said conciliator located at for a pre-hearing custody conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. Date: BY: FOR THE COURT: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House One Court House Square Carlisle, Pa. 17013 (717) 240-6200 PAMELA LYNNE PAUL, Plaintiff VS. MCDANIEL COVER PURDY, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7013 IN CUSTODY AND NOW, this 2nd day of April, 2001, comes the Defendant, McDaniel Cover Purdy, II, by his attorney, Arthur K. Dils, Esquire, and respectfully, avers the following: 1. Your Petitioner is McDaniel Cover Purdy, II, the Defendant above named, who is;, represented by Arthur K. Dils, Esquire, whose office is located at 1017 North Front Street, Harrisburg, Pennsylvania 17102. 2. The Respondent is Pamela Lynne Paul, the Plaintiff above named, who currently resides at 618 Carol Street, New Cumberland, Pennsylvania 17070. ,1 3. The parties are the natural parents of one child; namely: McDaniel Cover Pgrdy, III, born July 27, 1999. 4. A Complaint to Modify the current Order of Court concerning custody and visitation was filed by your Petitioner and a conciliation conference is scheduled for April 3, 2001 at 1:00 p.m. before Melissa P. Greevy, Esquire. 5. The Respondent has violated the current Order of Court in that she has refused visitation as follows: (A) The weekend of March 24, 2001, the Respondent informed your Petitioner she had plans involving the minor child and your Petitioner could not see his son during that time; (B) Attached hereto and marked Exhibit "A" is a letter from the Respondent informing your Petitioner that he could not visit with his son as requested during the weekend of December 9, 2001. -2- 6. The Respondent has repeatedly denied your Petitioner requested visitation with his son, continually making excuses. 7. The Respondent has interfered with the relationship between the minor child and your Petitioner. 8. The Respondent is unreasonable and has failed to work with your Petitioner in permitting visitation. 9. The Respondent is in contempt of the current Order of Court. 10. Your Petitioner respectfully requests thht'the Respondent be held in contempt of Court and that your Petitioner be granted make-up visitation with his son. WHEREFORE, your Petitioner, McDaniel Cover Purdy, II, prays your -3- Zespondent in contempt and to award him make-up Respectfully submitted, i BY: Arthur K. Dils, Esquire 1017 N. Front Street Harrisburg, PA. 17102 (717) 232-9724 I.D. No. 07056 5 December 6, 2000 Dear McDaniel II, This Saturday you requested visitation from 9:00 a.m. to 5:00 p.m. However, McDaniel III and I have plans already for that day. If you would like to have him that evening from 4:00 to 8:30 p.m. that will be fine. Please respond accordingly. Thank You, EXHIBIT "A" • V F R 't F, t l, T Y h? I B verify that the statements rttailC In this Petittion for contempt of court "a tMa WW co+nct I understand p1:1t false stutements herein an: made subjmt taro Penalties of 18 Pa. C.S. Section 4904 relutin Y b to unswom fulsiticution to March 30, 2001 i 1 t ;'!x q PAMELA LYNNE PAUL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA Vs. MCDANIEL COVER PURDY, if, NO. 99-7013 Civil Term Defendant CIVIL ACTION-LAW ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Conciliator, on , the day of 2001 at in. in the office of said conciliator located at ror a pre-neanng custody conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: Date: BY Custody Conciliator l? YOU SHOULD TAKE'THIS'PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House One Court House Square Carlisle, Pa. 17013 (717) 240-6200 V.-..-- i f .. 1 o o r+ .•R P4 4.3 p, N 'd N 4 (?d e Fl 0= r-l U o 3 LI ~^! 3 ? g t a Z u)i w of a1 LLZ 1 J i S a p ¢U' ZD h V Q 'N 1 °m r PAMELA LYNNE PAUL, Plaintiffs Vs. MCDANIEL COVER PURDY, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7013 Civil Term CIVIL ACTION-LAW AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, on , the day of , 2001 at in. in the office of said conciliator located at for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: BY: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House One Court House Square Carlisle, Pa. 17013 (717) 240-6200 RECEIPT FOR PAYMENT Cumberland Count PaProthonotary's office 17013 rlisle, Receipt Date 4/02/2001 Receipt No. Time 15109667 PAUL PAMELA LYNNE (VS) PURDY MCDANIEL COVER II Case Number 1999-07013 Received of JHSATTY DIANE RUPICH 50.0000 Check No. 2229 Total check... + Total Cash.... + 00 chanae........ .00 Receipt total. = 50.00 Distribution of Payment ---------------------- Transaction Description Payment Amount CONTEMPT CUSTOD 50.00 CUMBERLAND CO GENERAL FUND 50.00 J I I ? ?C z j 3 ¢ a ? V y O y i I LL l J W z W xa o z r; ?? VY ?x i x 4(j M t ?< , ? 3 N > , 4 ?> O? y•, -ttll W w ?d CL o xo ? ox z x n N Sx x ? 1 t ' f, 1 I +f ? i f I APR .10 2001 PAMELA LYNNE PAUL, vs. Plaintiff McDANIEL COVER PURDY, II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-7013 : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT AND NOW, this ?S day of April, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Pamela Lynne Paul and McDaniel Cover Purdy, II, shall have shared legal custody of the minor Child, McDaniel Cover Purdy, III, born July 27, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical of the Child. Father shall have partial physical custody of the minor Child which shall be arranged as follows: A. To begin April 10, 2001, on alternating Tuesdays at 9:00 a.m. until Wednesday at 9:00 a.m. B. To begin April 6, 2001, alternate Fridays from 9:00 a.m. until 6:00 p.m. C. To begin April 15, 2001, alternate Sundays from 9:00 a.m. until 5:00 p.m. . D. To begin June 1, 2001, alternate weekends, from Friday at 9:00 a.m. until Saturday at Noon. 3. Holidays. A. Christmas. Father shall have each Christmas from December 241h at Noon until December 251n at Noon. No. 99-7013 B. Thanksoivino. Father shall have Thanksgiving Day from 9:00 a.m. until 5:00 p.m. C. Mother's Day/Father's Day. Father shall have custody for Father's Day from 9:00 a.m. until 7:00 p.m.; Mother shall have custody for Mother's Day from 9:00 a.m. until 7:00 p.m. D. The Parents' Birthdays. Each parent shall have custody of the Child for their birthday from 9:00 a.m. until 7:00 P.M. E. Other Holidays. The following holidays shall be shared by the parties in the following fashion: 1. New Year's Day 2. Easter 3. Memorial Day 4. Independence Day 5. Labor Day In odd-numbered years, Father shall have the odd-numbered holidays and Mother shall have the even-numbered holidays, as listed above. In even-numbered years, Mother shall have the odd-numbered holidays and Father shall have even-numbered holidays. The custodial period for these holidays shall be from 9:00 a.m. until 7:00 p.m. 4. In the event that Father's work schedule makes it so that he is not able to be present for his full period of custody, it shall be permissible for the parties to trade days so as to allow Father to maintain frequent and continuing contact with the minor Child. In the event that Father is unable to provide care for the Child for a period of two hours or more during his period of weekend custody, Father shall first make a reasonable effort to contact Mother to offer Mother the opportunity to provide care for the Child before contacting third-party caregivers. 5. The Custody Conciliation Conference shall reconvene on July 16, 2001, at 9:15 a.m., at the office of the Conciliator, Melissa Peel Greevy, Esquire, 214 Senate Avenue, Suite 105, Camp Hill, PA 17011. At that time, it is expected that the parties shall be prepared to discuss additional provisions to the Order providing for summer vacation time. If necessary, the contempt petition filed by Father will be addressed at that time. No. 99-7013 BY THE E. Guido, J. Dist: Arthur K. Dils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 Pamela Lynne Paul, 618 Carol Street, New Cumberland, PA 17070 \q, O aI ??s PAMELA LYNNE PAUL, vs. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA McDANIEL COVER PURDY, II, Defendant NO. 99-7013 CIVIL ACTION - LAW : CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following information: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF McDaniel Cover Purdy, III July 27, 1999 Mother 2. A Custody Conciliation Conference was held on April 3, 2001, with the following individuals in attendance: the Mother, Pamela Lynne Paul; the Father, McDaniel Cover Purdy, II, and his counsel, Arthur K. Dils, Esquire. Mother had opportunity to consult with counsel prior to the Custody Conciliation Conference but chose not to be represented at the Conference on April 3, 2001. 3. The parties reached an agreement in the form of an Order as attached. At the conclusion of the Conference counsel for the Defendant served Mother with a copy of a Petition for Continuance which he had filed prior to the Conference. However, in as much as the parties had reached an agreement with regard to custody which included an additional Conference to be held in July 2001, counsel for the Petitioner/Father agreed to take no further action on the contempt petition at this time. Therefore, if necessary, the contempt will be addressed at the upcoming Conference in July 2001. The form of Order which the parties agreed to is attached. Date Melissa Greevy, Esquire Custody Conciliator McCissa Pee(Green Attorney and Counselor at Law 214 Senate Avenue, Suite 105 Camp Hill, Pennsylvania 17011-2336 Telephone: (717) 763-8995 April 11, 2001 Richard J. Pierce Court Administrator Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013 Dear Rick: Enclosed is the recommended Order and Conciliation Summary Report on the following matters. Envelopes addressed to counsel and/or Pro Se parties are also included. Paul v. Purdy No. 99-7013 Very try y yours, q Melissa Peel Greevy Enc. MPG/jv JUL 3 0 2 5 01 0 PAMELA LYNNE PAUL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. McDANIEL COVER PURDY, II Defendant NO. 99-7013 CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF McDaniel Cover Purdy, III July 27, 1999 Mother 2. The second Custody Conciliation Conference was scheduled for July 16, 2001. In attendance was the Mother, Pamela Lynne Paul, pro se. Father did not attend. Counsel for Father did not attend, however, did participate via telephone conference. 3. Mother and counsel for Father agreed that no changes would be made to the existing Custody Order. Date Melissa Pee Greevy, Esquire Custody Conciliator Dist: Pamela Lynne Paul, 618 Carol Street, New Cumberland, PA 17070 Gj Arthur K. Dils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 ?'?