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Home My WebLink About00-01840 .. ." CAROLYN KATIIY LaBOY, Plaintiff for herself and on behalf of her minor children: CHYVETADEE LaBOY, : CUMBERLAND COUNTY, PENNSYLVANIA CHARITY ELISE LaBOY, PRECIOUS JOY LaBOY, and MICHAEL JQSHUA LaBOY, vs" . RICCARDO DEE LaBOY, Defendant : IN THE COURT OF COMMON PLEAS OF : IfI.I(> : NO" 2000-^ CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY FINAL PROTECTION ORDER Defendant's Name: RICCARDO DEE LaBOY r;! " Ii I b 1;< ~j [1 >, !.i :1 II ::! II ~) F' i:~ I) b t! i Defendant's Date of Birth: 07/22/1964 Defendant's Social Security Number: 175-52-4862 ~; Names of Protected Persons: CAROLYN KATHY LABOY, Plaintiff and her minor children: CHYVETA DEE LABOY CHARITY ELISE LABOY L _ PRECIOUS JOY LABOY '" MICHAEL JOSHUA LABOY AND NOW, this) day of April, 2000, the court having jurisdiction over the parties aDd the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: 1.; ~i ~l ,:I r: I: r\ Ii ~j ~l f! hl 11 ~3 Plaintifl; Carolyn Kathy LaBoy, is represented by Joan Carey of Legal Services, Inc"; Defendant, Riccardo Dee LaBoy, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the PetitioR [8> Plaintiff'$ request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant 1'1 i'1 ~l " !i I,' " ~i o Plaintiffs request for a Final Protection Order is denied" L > j::! ,ii l:i rB ." ,'_ __',.,."'."n_ ,_'. "" - ~- [&> 1. Defendant shall not abuse, stalk, harass, or threaten Plaintiff or any other protected person in any place where they might be found. [&> 2. Defendant is completely evicted and excluded from the residence at 6 Hemlock Drive, Meehanicsburg, Cumberland County, Pennsylvania, 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. D On_ at _.m., Defendant may enter the residence to retrieve hislher clothing and other personal effects, provided thai Defendant is in the company of a law enforcement officer when such retrieval is made" [&> 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to, any contact at Plaintiff's current residence, and any other residence she may, in the future, establish for herself, her school, business, and/or place of employment or the schools and/or day care facilities of the minor children. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence: 6 Hemlock Drive, Meehanicsburg, Cumberland County, Pennsylvania Broad Street Elementarv School: 200 South Broad Street, Mechanicsburg, Cumberland County, Pennsylvania Mecbanicsbu~ Area Intermediate School: 100 East Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania [&> 4. Except as provided in Paragraph 5 of this Order, Defendant sball not contact Plaintiff by telephone or by any other means, including third parties. [&> 5. Custody ofthe minor cbildren, CHYVETA DEE LABOY, CHARITY ELISE LABOY, PRECIOUS JOY LABOY, MICHAEL JOSHUA LABOY, shall be as follows: Plaintiff shall have primary physical and legal custody of the minor children. Defendant sball bave supervised visitation with the cbildren in tbe presence of a mutually agreed upon tbird party at times and at places mutually agreed by tbe parties. '" .'-'-- _ .n. . _'_'~' __"v_ c ,_,_, " o 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 chiId/ren: o 7" Defendant is prohibited from possessing, transferring or acquiring any other firearms and/or specific weapons for the duration ofthis OrdeL 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. lID 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 fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or the minor children. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by PlaintitT. Defendant is to refrain from harassing PlaintitT's relatives or the minor children. Defendant shaD contact a board certified psychologist or therapist within 10 days of the entry of this Order to schedule an appointment to begin counseling on an ongoing basis. Defendant shall seek counseling to address anger issues in his relatiouships, follow any aud all recommendations for treatment concerning any related diagnoses, including, but not limited to, taking medication prescribed by a physician. Defendant shall remain in treatment until released by treating staff, and Defendant agrees that information confirming his attendance and compliance with recommendations for treatment may be released to attorneys for Plaintiff upon request. o 9. Defendant is directed to pay temporary support for (insert the names of the persons for whom support is to be paid) _ as follows: (insert amount, frequency and other terms and conditions of the support order) " This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (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" :: > ,~"' ~" ,-". '"e;,' ",-__~ ~-,,,. - >-, o m The costs of this action are waived as to Plaintiff and imposed on Defendant. o 11. Defendant shall pay $_ to Plaintiffas compensation for plaintift's out-of-pocket losses, which are as follows: OR o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to (insert the name of the judge or court to which the petition should be presented) requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing, No fee shall be required by the Prothonotary's office for the filing of this petition" o 12" BRADY INDICATOR o 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. o 2" This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. o 3" Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/so o 4" Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR o 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. 129 13. TillS ORDER SUPERCEDES ANY PRIOR PJ'A ORDER and ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 129 14. All provisions of this Order shall expire one year from the date this Order is entered. i_,. _,,_ ~ "', >. <""'~f, '0-, ~, ~",.-,,""~ - 'l '" - r,-' NOTICE TO THE DEFENDANT Violation of this Order may result in your arrest on the charge of Indirect Criminal Contempt which is punishable by a fine of up to $1,000 and/or a jail sentence of up to six months. 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. This Order is enforceable in all fifty (50) States, the District of Columbia, Tribal Lands, U.S. Territories, and the Commonwealth of Puerto Rico under the Violence Against Women Act, 18 U.S.C.~2265. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under that Act. 18 U.S.C.~~ 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 Act, 18 U.S.C.~922(g), for possession, transport or receipt of firearms or ammunition. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, sha1I enforce this OrdeL 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 sha1I 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, Plaintiff's presence and signature are not required to file the complaint. --!"'" ,'-, -,....-. "--,,,>,"' -, " ,-. .- .,~" <, - '. '," " If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. This Order is entered pursuant to the consent of Plaintiff and Defendant: ~~ \( .~~ Carolyn . y LaBoy, Plain . ~/ ~Vr~ doan Carey, Attorney for PI' . LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 . . ,", '0'__'"" "~. ~ ~" CAROLYN KATHY LaBOY, : IN THE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of her minor children: CHYVETA DEE LaBOY, : CUMBERLAND COUNTY, PENNSYL VANIA CHARITY ELISE LaBOY, PRECIOUS JOY LaBOY, and MICHAEL JOSHUA LaBOY, : NO" 2000-1840 CIVIL TERM vs" RICCARDO DEE LaBOY, Defendant : PROTECTION FROM ABUSE AND CUSTODY CUSTODY ORDER AND NOW, this ~y of April, 2000, upon consideration of the agreement of the parties made in open Court on April 5, 2000, with regard to custody of the parties' children, Chyveta Dee LaBoy, born 08/26/88, Charity Elise LaBoy, born 12/27/91, Precious Joy LaBoy, born 08/31/95, and Michael Joshua LaBoy, born 01/22/98, the following Custody Order is entered: 1" Plaintitl; the mother, shall have primary physical and legal custody of the children" 2" Defendant, the father, shall have supervised visitation with the children in the presence of a mutually agreed upon third party at times and at places mutually agreed by the parties. This Order shall remain in effect pending further Order of Court. By the Court, Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC 8 Irvine Row Carlisle, PA 17013 Riccardo Dee LaBoy, Defendant East Shore YMCA, Room 403 701North Front Street Harrisburg, PA 17101 ., - ." , - ~"'.< " ,-: ,,- . --~""._- i~jl~Ilh8I1idR!~~,*-iIl~:R-Wl<!"1"'>Bl."'j!<llli%4i~~" ".," -"". H"" "'." ,..J." ::.r lllh. ", "" i OF t~_~!~,::: \ ~~r;)p,;N 1"'~0 f pr:,l -, '5 l.'v ," " I). r:Q PH ..1' ,1,... 11 '\.:. '"" ." '", ("'""'" ".ITy' ,.-,/ H '~':'(:I~" 1.::':1 J ,..;\..;\.11",1 1....AJj\!:L./\-1 ;;,.J,..', ~-<~ ,_\ ('t- FENN:)~ LVt\N:,"\ j VI "< -1.3 '01 .~ 1 ~ " :t OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, P A 17013-3387 (717) 240-6196 FAX (717) 240-6573 TO: Melissa Freet, Investigator FAX #: 717-730-7433 FROM: Cumberland County Prothonotary Office RE: Protection from Abuse MESSAGE: Per your request, I have sent the Final PFA 8 No. of pages (including cover sheet) This message is intended for the use of the individnal or entity to which it is addressed, and it may contain information that is privileged, confidential and ex:empt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error please notify us immediately by telephone and return the original message to us at the above address via the U.S. postal service. Thank you. NOTE: IF YOU DO NOT RECEIVE ALL THE PAGES, OR ANY PAGES ARE UNCLEAR, PLEASE CALL (717) 240-6195 AS SOON AS POSSmLE AND ASK FOR THE SENDER. , ! Q>>J 1f {is; -I <gio ~-,"" ,<" ~ " ',-'-" ,.., MAY-24-2005 rUE 01:28 PM ICS INC FACSIMILE FAX NO, 7177307433 p, 01 ;)f'1P AequeiT- puttsI:-" A~ rP/q4(ct5 Date: MAY Y. ::zoOS Number of pages including cover sheet: ~ From: Melissa Freet, Investigator Rep; Pennsylvania Dept. of Corrections 10: t:ROTH ONO'Tf'Rj Phone: (717) 730-7377 l?AciLjiD0V'J0 tHttAL ON' RICARDO LABoy (;ZOOI' PFA) 1. pl.Eff[; &NO top; D f PfA ~ Fax Phone: (717) 730-7433 Mailing Address: 4004 East Trindle Road Camp Hill., PA 17011-4242 phone FaxPbone .;?YO-IA573 Urgent For your review Reply ASAP XX Please Comment Tbe Deoarlment ftfCftr~~n"re(l.!!",,~ ~e f,,11~!!g !!!fIJrn12t!!)!! . . on all criminal, traffic and eivil charges: - Dati:; of Arrest - Charge - ~sting agency - COrtJPlete Disposition - Fine'amounts and if they were paid in full - Howfar back do your records go , " ~ Please complete the attached Criminal Hi~ory FOllD and attach any documentation available" Plell$e mail orffax infozmation to me. Thank you for your assl$tance on this important matter, ,:" Melissa Freet This message 1$ intended only for1he user of the individual oie:ntity to which it is addressed. Information hm>in may be privileged, confidential and exempt frQ,i!' discJo~ure llnder applicable law. If you teOeived this communication in error, please notify us by pbonepediately at 100..692.7404" :Ii! . "'I. ['L n I'! " : i' ~ i!l' :'.! ; ~' \ i3< , ",.=~ "" ~~~ MAY-24-2005 TUE 01:28 PM rcs rNC FAX NO. 7177307433 P. 02 ICS; Investigative Consultant: Services, Inc. 4004 East Trindle R~ad Camp Hill, Pennsylvania 11011-4242 717-730-7377 800..(j92-7404 Cumberland County Courthouse Prothonotary Office 1 Courthouse Square Carlisle, Pennsylvania 17013 May 4, 2005 RE: Ricardo LaBoy SSN: 175-52-4862 DOB: 07122/64 ADDRESS: 6 Hemlock Drive Mecbanicsburg, PA 17055 To: Prothonotary, , I am conducting backl,'I'Ound investigations for the Department of Corrections, Commonwealth of Pennsylvania. The above refere$ed SUBJECT has applied to be a \ Corrections Officer at the State Correctional Institute ~n Camp Hill, Pennsylvania. As part , of the background investi~ation we search CMFI, traffic and civil records in jurisdictions where the SUBJECT has resided, work~d, and/or had criminal activity back to their 18111 birthday. It has been learned that the SUBJECT had a (fPFA) Protection From Abuse Order I filed against him in the year 2001. ~ - i Attached is a signed authorization waiver frop1 the subject allowing us to obtain any records that you may have. Please send all the information and documentation you ! have available to our office by fax at (717) 730-7433,iQr the information can be mailed to 4004 East Trindle Road, Camp Bill, Pennsylvania! 17011. If you have any questions, I may be reached at 1-800-692-7404. S~nCerely, -L A . -I- ~ 'f/~ , ~eJissa Freet, Investigator , ;'1 ~ MAY~24~2005 TUE 01:28 PM ICS INC FAX NO. 7177307433 COMMONWEALTH OF PENNSYLVANIA DEPARTMe:NT OF CORRECTIONS P. D. BOX 598 CAMP HilL, PENNSYLVANIA .17001-0598 OmCE OF THE SECRETARY or CORRECTIONS November 10, 2004 To Whom It May Concern: Please be advised that Melissa Freet, Investigati,ve Consultant Services, 4004 East Trindle Road, Camp Hill. PA 17011-4242, has been authorized by the Pennsylvania Department of Corrections to conduct background investigations concerning applicants for employment. and to receive all pertinent documents on behalf of the Department relative to those applicants. We are asking that you provide them with information relative to any Protection From Abuse or criminal incident contact(s) in which they were identified as a subject. We are not requesting that you conduct an NCIC/CLEAN query on our behalf. As a criminal justice agency, we have already accessed this system as part of the background process, and are only requesting those records specific to your agency. Should you require personal verification of their credentials. or should you prefer to provide this information directly to the Department of Corrections, you may contact Debra Gieda, Chief of the Background Irwestigative Unit, Office of Professional Responsibility, at 717-731-7777 or submit documentation via fax 717-975-2243. Thank you for your cooperation in this matter. SincerelY. Jeffrey A. Beard Secretaty of Corrections JAB/DMG/yb 1~"fflJn ,I;:. , 1 P. 03 ~ ~~ MAY-24-2005 rUE 01:28 PM ICS INC FAX NO. 7177307433 P. 04 COMMONWEALTH OF ENNSYLVANIA DEPARTMENT OF C RRECTIONS AUTHORIZATiON TO OBTAIN I FORMATIONIWAIVER I, '1\\ wOo lc. (l)o ~ . having made appli. tion for e~PIOyme~t with the. pennsylvan!a Department of Corrections, understand that the De artment of Corrections desires to obtain personnel/personal information concerning my backgro. nd, credit history, and. character in order to better ascertain my qualifications for employment. . I hereby authorize the P!3nnsylvania Department of Cor ctions, and their sub contractors on behalf of the Department of Corrections, to investigate and a certain any and all information conceming my background, credit history, and character which ay be pertinent to my qualifications for employment with the Department of Corrections. I und rstand that the information/documents may be obtained from any person, document or other urce,or outside the Commonwealth of Pennsylvania. I hereby expressly authorize any form!3r !3mployer torel!3ase that information to the Pennsylvania Department of Corrections. If I was a fOlTl'ler Commonwealth employee, I hereby au horize the COmmonwealth of Pennsylvania, state Records Center, Harrisburg, Pennsylvania, to r lease my Officiai Personnel Folder to the Pennsylvania Department of Correctiqns. I hereby release all persons and/or agencies from any Ii bility which might otherwise result from the release of said information to any member of the. D partment of Corrections and/or their sub contractors. In consideration of this release, the Department of Qrrections and their sub contractors shall regard all infolTl'lation obtained as confidential. I unde land that the same shall not be releaSed to any individual, including myself, or organization, absen good cause. I agree that the Department of Corrections may adm' this information into evidenclil in order to defend any administrative or court proceeding. I retain the right to Challenge the accuracy of such information, in such a proceeding, b'ut waive all objecti ns as to the admissibility of the information. I understand t!;at I am not compelled to sign this autho 'zation. n , " 0\tth Applicant's Signature N"""{Y'\ \()Q \,\ 0\ Address r0 Ll6S) City, State, Zip Code I, , having made pplication for employment with the Pennsyivania Department of Corrections, do not desi e to sign the authorization stated above. I understand that if the Department of Corrections is nable, through the exercise of reasonably diligent investigative methods, to obtain information concerning my background, credit rating, and character which is necessary to evaluate my qu Iifications to be accepted for employment by the Department of Corrections, I may be passed ov r for such employment. Applicant's Signature Date Revised: October 2000 Witness Signature Date A i:t_ A CAROLYN KATHY LaBOY, Plaintiff for herself and on behalf of her minor children CHYVETA DEE LaBOY, CHARITY ELISE LaBOY, PRECIOUS JOY LaBOY, and MICHAEL JOSHUA LaBOY, vs. RICCARDO DEE LaBOY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- I fllo CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HA VEBEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other i~ort~t rights" ~",. ~ A hearing on this matter is scheduled on the!J day ofM3i:eh, 2000, at It?; /1.) ~m., in Courtroom No" 3 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 US"C ~2265, this Order is enforceable anywhere in the United States, tribal lands, US. 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 US.C ~ 2261-2262" i' Ii 11 " ~ II .' I! ii ii I Ii I' Ii I' ii ii Ii 11 Ii Ii II II I' Ii il II i~ Ii " I'. i ::,! 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. Arrangements must be made 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. .,'d~!". ,- -'"1'," ,~, . .. . CAROLYN KATHY LaBOY, : IN THE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of her minor children: CHYVETA DEE LaBOY, : CUMBERLAND COUNTY, PENNSYLVANIA CHARITY ELISE LaBOY, PRECIOUS JOY LaBOY, and MICHAEL JOSHUA LaBOY, : NO. 2000-/$ ,/0 CIVIL TERM vs. RICCARDO DEE LaBOY, Defendant : PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: RICCARDO DEE LaBOY Defendant's Date of Birth: 07/22/1964 Defendant's Social Security Number: 175-52-4862 Names of Protected Persons: CAROLYN KATHY LABOY, Plaintiff and her minor children: CHYVETA DEE LABOY CHARITY ELISE LABOY PRECIOUS JOY LABOY MICHAEL JOSHUA LABOY AND NOW, this J?Ji< day of March, 2000, npon consideration ofthe attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ~ 1. Defendant shall not abuse. harass, stalk or threaten any of the above persons in any place where they might be found. ~ 2. Defendant is evicted and excluded from the residence at 6 Hemlock Drive, Mechanicsburg, Cumberland County, Pennsylvania, 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. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, inclnding, but not limited, to any contact at Plaintiff's current residence, and any other residence she may, in the future, establish for herself, or her place of employment, the schools ofthe minor childreu and/or their day care facilities. Defendant is specifically ordered :1'- ~". .~ ,--~ ..e_,"" ' to stay away from the following locations for the duration of this Order: Plaintiff's current residence: undisclosed location Broad Street Elementary School, 200 South Broad Street, Mechanicsburg, Cumberland County, Pennsylvania Mechanicsburl!: Area Intermediate School, 100 East Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania I:&> 4. Defendant shaD not contact Plaintiff by telephone or by any other means, including through third persons. I:&> 5. Pending the outcome of the {"mal hearing in this matter. PllaintitT is awarded temporary custody of the following minor children: CHYVETA DEE LABOY CHARITY ELISE LABOY PRECIOUS JOY LABOY MICHAEL JOSHUA LABOY Until the final hearing, aD contact between Defendant and the children shaD be limited to the following: Defendant may have supervised visits with the children arranged through attorneys for Plaintiff. o 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sherifi's Office: D:iirlrt Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Ordec I:&> 7. The following additional relief is granted: The Cumberland County Sheriff's Department shaD attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shaD be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shaD not send a copy of this Order to Defendant by mail. f~.~_...", >-~"- --~--'-.,--- ". .', -".,. - ,'~' ~~ Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff and/or the minor children in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff and/or the minor children, except by further Order of Court. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or the minor children. Dfendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. I:&> 8. A certified copy ofthis Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Plaintiff's current residence - undisclosed location Plaintiff's nermanent residence - Upper ABen Township Police Department Schools ofthe minor children - Mechanicsburg Police Department I:&> 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER and ANY PRIOR ORDER RELATING TO CHILD CUSTODY. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months injait 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, 18U.S.C.~~2261-2262. Anyprotectionorder 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. :''''1, " "r '"^'~ ,,~ NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintifl's residence OR any locations where a violation of this order occurs OR where Defendant may be located" If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest (Coll)~? & ',~. Judge Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INe. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 3/~'It>D ~ ha",~ .(;""~d ~~d-k, ~.s.I~ ~~.~ ,. ._'" ,0 ~-': ~- - -".' ,-~ " >mIIilitliililJlJtlit' IliIIliMin '~,*~l'JUl~~~~~Glil,'l~llltl>W"II'~. ,e,'- f\LED--O~~\-\cr 0:: li"::,ri!:~:,!('ift',RY O. Ul' ~!~\f\t)r Ll1 j ,'HI . "'l1s.r~ C., .) , ,d . -.; CUk\8EF~L~-.;")D COUNTY PENNSYLVf\Nii\ ~,-,=~~ ~- - ~ ~, ,~ ., ". li:>l'tH .. " CAROLYN KATHY LaBOY, : IN THE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of her minor children: CHYVETA DEE LaBOY, : CUMBERLAND COUNTY, PENNSYLVANIA CHARITY ELISE LaBOY, PRECIOUS JOY LaBOY, and MICHAEL JOSHUA LaBOY, : NO. 2000- JJ'Id CNlL TERM vs. RICCARDO DEE LaBOY, Defendant : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT I 1" Plaintiff is Carolyn Kathy LaBoy. 2. Plaintiff files this Petition for herself and on behalf of her minor children, Chyveta Dee LaBoy, Charity Elise LaBoy, Precious Joy LaBoy, and Michael Joshua LaBoy" 3" The names ofthe persons who seek protection from abuse are Carolyn Kathy LaBoy, and Chyveta Dee LaBoy, Charity Elise LaBoy, Precious Joy LaBoy, and Michael Joshua LaBoy. 4" Plaintifi's permanent address is 6 Hemlock Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. Plaintiff and the minor children are temporarily staying at an undisclosed location for their protection to avoid further abuse" 5. Defendant's address is 6 Hemlock Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055" Defendant's Social Security Number is 175-52-4862. Defendant's date of birth is 07/22/1964" Defendant is currently unemployed to the best ofPlaintifi's knowledge. 6. Defendant is Plaintiffs husband" T Defendant has been involved in the following criminal court action: On or about February 10, 2000, Defendant was arrested by Upper Allen Township Police and charged with violating the Pharmaceutical Act" A I".. .., , .',' ,'~ '.-" - - --',- ,-" preliminary hearing is scheduled with District Justice Elder on March 27, 2000, at 10:00 a.m" On or about March 13, 2000, Upper Allen Township Police arrested Defendant and charged him with Dill. A preliminary hearing in the case is scheduled before District Justice Elder on April 24, 2000, at 11:30 a.m. 8" Plaintiff seeks temporary custody of the following children: Name Chyveta Dee LaBoy Charity Elise LaBoy Precious Joy LaBoy Michael Joshua LaBoy Address undisclosed undisclosed undisclosed undisclosed Birthdate 08/26/1988 12/27/1991 08/31/1995 01/22/1998 9. Plaintiff and Defendant are the parents of the following minor children: Name Chyveta Dee LaBoy Charity Elise LaBoy Precious Joy LaBoy Michael Joshua LaBoy A&: 11 years old 8 years old 4 years old 2 years old 10. The following information is provided in support ofPlaintifl's request for an Order of child custody: a) The children were not born out of wedlock. b) The children are presently in the custody of Plaintiff, Carolyn Kathy LaBoy, who is temporarily residing at an undisclosed location for her protection to avoid further abuse" c) During the past five years the children have resided with the following persons and at the following addresses: Persons children lived with Plaintiff Plaintiff, Defendant, and Plaintiff's mother, Thelma McGraw i:~ , "'. -' - - '" ,." -"," ~ ". Address Undisclosed location When From 03/21/2000 to the present 6 Hemlock Drive Mechanicsburg, P A From 06/1999 to 03/21/2000 - _J._ ';,',",-e~_~ Persons children lived with Plaintm: Defendant, and Plaintiff's parents, Thelma Melvin McGraw Address 1835 Susquehanna Street Harrisburg, P A When From 03/1998 to 06/1999 Plaintiff and Defendant Kitzegin, Germany Frortl1995 To 03/1998 d) Plaintm: the mother of the children, is Carolyn Kathy LaBoy, temporarily residing at an undisclosed location for her protection to avoid further abuse. e) She is married" t) Plaintiff currently resides with the following persons: Name Chyveta Dee LaBoy Charity Elise LaBoy Precious Joy LaBoy Michael Joshua LaBoy Relationshio her daughter her daugther her daughter her son g) Defendant, the father of the children, is Riccardo Dee LaBoy, currently residing at 6 Hemlock Drive, Mechanicsburg, Cumberland County, Pennsylvania. h) He is married" i) Defendant currently resides alone to the best of Plaintiff s knowledge. j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other CourL k) Plaintiffhas no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. I) Plaintiff does not know any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children" m) The best interests and permanent welfare of the minor children 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 children since their births, and who can best take care of the minor children" , , ',^,,", '~~ ' ,- ~ ~~ 2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor children. 3) Defendant's behavior has adversely affected the children" 11. The facts of the most recent incident of abuse are as follows: Approximate Date: Place: On or about March 22, 2000 Mechanicsburg Area Intermediate School, 100 East Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania On or about March 22, 2000, Defendant waited for Plaintiff to arrive at the Mechanicsburg Area Intermediate School to pick up their ll-year-old daughter, Chyveta, and when she drove up, he pulled up beside her vehicle in his van, jumped out, went to the passenger side window of her vehicle, and yelled, "You're so stupid putting the kids in school. What makes you think that I couldn't find you, follow you, and find out where you're staying?" Defendant pounded on the car window and called Plaintiff" stupid bitch", and taunted her telling her that he knew of details about the undisclosed location where she and the children are staying. Defendant told Plaintiff that he had been at Chyveta' s school earlier in the day, told the school principal that she had taken the children and left the home, and that he just wanted to talk to Chyveta to make sure that the family was safe and their needs provided for" When Plaintiff spoke to her daughter later, Chyveta told Plaintiff that Defendant asked her several detailed questions about the family's accommodations and the location of the their residence. Later the same evening, Defendant went to the church where the family regularly attends services on Wednesday evenings, asked the pastor if Plaintiff was there, and when he said she was not, Defendant left immediately" On or about March 21", Plaintiff was notified that Defendant was being released that afternoon from the mental health facility where he had been transferred after being involuntarily committed on or about March 19'b Fearing for her safety and that of her minor children, Plaintiff, who is 5 months pregnant, took the parties' four minor children and left the marital residence on or about March 21", and they have been staying at an undisclosed location for their protection to avoid further abuse" 12" Defendant has committed the following prior acts of abuse against Plaintiff and/or the minor children: a) On or about March 19, 2000, Defendant, who was crying and distraught, told Plaintiff that earlier in the day while at his place of employment he had confided to co-workers that he wanted to kill himself, but that they did not believe him. Defendant told Plaintiff that he had written a note to her earlier in I-:?__. ~ ", - " . ,-,~ the day, and demanded that she read it" As she began to read it, he went into kitchen got a knife, came up behind her, held the knife over his head, then swung it down to his chest, pressing the point of the blade into his chest and repeatedly threatened to kill himself Plaintiff surreptitiously telephoned 911 for help, by holding the telephone behind her out of Defendant's sight, raising her voice so the 911 dispatcher could hear her as she tried to talk Defendant into putting the knife down, and conveying the location of the parties' residence. The Upper Allen Township Police responded, and took Defendant into custody. Defendant was involuntarily committed to Holy Spirit Hospital, and later in the day transferred to York Hospital's mental health facility. Defendant telephoned Plaintiff from the hospital at least twice after his committment, demanded that she get him out of the facility, and expressed his anger that she called the police" On or about March 21, 2000, fearing for her safety and that of her children should Defendant return to the marital residence upon his release, Plaintiff took the children to stay at an undisclosed location for their protection where they remam. b) In or about mid-January 2000, Defendant knocked objects off of the microwave, grabbed her by the arms, shoved her against the wall, and swung his fist at Plaintiff's face several times, once grazing her nose with his fist. In or about early January 2000, Defendant argued with Plaintiff, motioned with his eyes upward toward the second floor where the parties' four children slept, then tilted his head toward Plaintiff's mother who was in an adjoining room, and threatened, "Someone's going to die tonight; you pick" c) In or about sunnner 1998, Defendant sped and drove recklessly with Plaintiff and the children in the vehicle, and threatened to kill all of them and himself During a separate incident in 1998, Plaintiffleft her three oldest children, then 9, 6, and 2 years old, in Defendant's care while she went out to do household errands. When Plaintiff got out ofthe car after having made several other stops, Defendant, who had left the children unattended and had followed her since she left the house, walked up to her and threatened, "It's a good thing you've been where you said you were going to be"" d) In or about 1997, Defendant argued with Plaintiff; shoved her into a chair, grabbed a pair of scissors, and held the scissors over her head in a threatening manner (Plaintiff was pregnant with the parties' son, Michael). e) Since approximately 1986, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, punching, kicking, choking, spitting on her, biting her, and pulling her haiL Defendant has thrown household objects about, thrown objects at Plaintiff such as a dining room table, and has punched holes in walls and doors. Defendant has restrained Plaintiff by blocking doorways with his body; pinned her against walls; controlled her I'''",' ~ '-~,"'- . '--'-"', ' , ,,' . activities by demanding to know where she was going; demanded an accounting of where she had been and with whom; telephoned the home to see if she was there; followed her about to see if she was going to rendevouz with someone; falsely accused her, and at times checked her underwear looking for signs of infidelity" Defendant has intimidated Plaintiff by drawing back his fist, causing her to fear he was going to hit her, and has threatened to harm heL In or about 1986, approximately one year after the parties were married, Defendant held a knife against Plaintiff's throat as she got out of the shower. Defendant has repeatedly threatened to kill himself Defendant, who has been treated by a psychiatrist in the recent past for depression and was prescribed medication, is a recovering alcoholic, and began using alcohol again. On or about March 17, 2000, Defendant told Plaintiff that he is possessed by evil spirits. Approximately two years ago, Plaintiff was told by a family member, and Defendant later confirmed, that when he was about 5 years old, he and his five siblings were present when their father stabbed their mother to death. 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: Plaintiff's current residence - undisclosed police department Plaintiff's oermanent residence - Upper Allen Township Police Department Schools ofthe minor children - Mechanicsburg Police Department 14" There is an immediate and present danger of further abuse from Defendant 15. Plaintiff is asking the Court to evict and exclude Defendant from the residence at which is owned by Defendant and Plaintiff's mother, Thelma McGraw" 16" Defendant owes a duty of support to Plaintiff and the minor childreR WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or the minor children in any place where they may be found. B" Evict and exclude Defendant from Plaintiff's permanent residence located at 6 Hemlock Drive, Mechanicsburg, Cumberland County, Pennsylvania, and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. " '~-, '_~o' __ ~-- - --"'.,...' C Require Defendant to provide Plaintiff' and the minor children with other suitable housing" D. Award Plaintiff'temporary custody of the minor children and place the following restrictions or contact between Defendant and children: Contact between Defendant and children is suspended pending further Order of Court after the hearing scheduled in this matter. Defendant may have supervised visits with the children arranged through attorneys for Plaintiff. E. Prohibit Defendant from having any contact with Plaintiff' and/or the minor children, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiffs current residence, and any residence she may, in the future, establish for herself, her school, and/or her place of employment, or the schools and/or daycare facility of the parties' minor children., F. Prohibit Defendant from having any contact with Plaintiff's relatives and or Plaintiff's children listed in this PetitioR G Order Defendant to pay temporary support for Plaintiff and the parties' minor children, including medical support and payment of the rent or mortgage on the residence" H. Order Defendant to pay the costs of this action, including filing and service fees. t Order Defendant to pay $250"00 to reimburse one of Legal Services, Inc"'s funding sources toward the cost oflitigation in this case. J. Order the following additional relief, not listed above: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff'" Defendant is to refrain from harassing Plaintiff s relatives" K Grant such other relief as the court deems appropriate" L. 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. ,-,,- , .., .'J - ,.".-. " = COUNT II CUSTODY UNDER PENNSYL VANIA CUSTODY LAW 17. The allegations of Count I above are incorporated herein as if fully set forth. 18. The best interest and permanent welfare of the minor children 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. sell., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor children to her. Respectfully submitted, Date: -3 /J1j /nJ / / an Carey, Attorney for aintiff LEGAL SERVICES, C. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 :,~^-" ~ ""';,>,_,_e,..." --,<-_1_" --,- -,- 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 unsworn fuIsification to authorities. Dated: ~I-.\ \'l\ Cl3&"- ~cJDU - o (\~~)(_ >~~ Carolyn Ka LaBoy, Plaintiff :" - -,~- ~ /" ,_ _ e,~ ,_, _ __,_ , " ." r~ U IttJrlWlI!I!!Qf o c c8s:; 2::(!. Cf) :~" --<.. ~;;~ ~~0 ~~) ;:-;,~:' ~. ~ :;::' t ~ l,. l.., <>Q . ~ - C:J.- C) :::r o '"n "-, ....:',!:. :':8 i'-h~D r::--: C:J i\-~ ,.-J :~~;~ :-~, ::7'" m -'\) '0 ~ ~. <,;? - ~.,;l5lHl!'!., _~ ~. ,. ,,,,~_,"_ ~'Ii!l!liilml~~.I~~~~~~_"'"Il11!!1l11,,,,,,",,,,,"~ q~Ml~ "''''c'_ SHERIFF ~ RETURN - REGULAR CASE NO: 2000-01840 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LABOY CAROLYN KATHY VS LABOY RICCARDO DEE SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon LABOY RICCARDO DEE the DEFENDANT , at 0010:15 HOURS, on the 27th day of March 2000 at DISTRICT JUSTICE ELDER 507 N. YORK ST MECHANICSBURG, PA 17055 by handing to RICCARDO D. LABOY a true and attested copy of PROTECTION FROM ABUSE together with AND CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.20 .00 10.00 .00 34.20 f!'"K ,?<~c R. Thomas Kline 03/29/2000 Sworn and Subscribed to before By: ,xfAfiJ'lNm m. ~l.nrfnu Deputy Sheriff I ,.., It) ~ day of me this Cf~ ~ A.D. Ch".u- a ~ rothonotary ;" ~. ~.~