HomeMy WebLinkAbout00-03266
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Erin L. Klein,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYL VANIA
; NO. 00- 31.bb
CIVIL TERM
James C. Rhoads,
Defendant
: PROTECTION FROM ABUSE
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. If you fail to do so, the
case may proceed against you and a FINAL Order may be entered against you granting the relief
requested in the Petition. In particular, you may be evicted from your residence and lose other
important rights.
A HEARING ON THIS MATTER IS SCHEDULED ON .:r ~;l ,2000,
AT /0:00 A .M., IN COURTROOM NO. .s- OF THE CUMBERLAND
COUNTY COURTHOUSE, CARLISLE, PENNSYL VANIA.
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. Vionation
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. Vionation
may also subject you to prosecution and criminal peualties under the Pennsylvania Crimes
Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United
States, triiballands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel
outside ofthe 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.
Y IlU 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. nf you
do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find
out where you cau get legal help. If you cannot rmd 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.
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Erin Leigh Klein
Plaintiff
. .
: IN THE COURT OF COMMON
: PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
James Clinton Rhoads
: No. fHJ- 3.2(,f.. C!.i.;.J. I~
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
.
Defendant
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: James Clinton Rhoads
Defendant's Date of Birth is: September 21,1980
Defendant's Social Security Number is: 204-60-2388
Name(s) of All protected persons, including Plaintiff and minor children:
1. Erin Leigh Klein
AND NOW, on 26th Day of May, 2000 upon consideration ofthe attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
Plaintiffs request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any ofthe above persons in
any place where they might be found.
2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any
other person protected under this Order, at any location, including but not limited
to any contact at Plaintiff's school, business, or place of employment. Defendant
is specifically ordered to stay away from the following locations for the duration
of this order.
-Plaintiffs residence located at 735 Dogwood Terrace,Boiliug Springs,
Pennsylvania.
-Plaintiff's place of employment located at Commonwealth Office Systems,
Hartzdale Drive, Camp Hill, Pennsylvania.
3. Defendant shall not contact Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
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4. De~endant shall immediately relinquish any firearms license t)1e Defendant may
possess, and the following weapons to the Sheriffs Office or a designated local
law enforcement agency for delivery to the Sheriffs Office.
1. Six inch hunting or fishing knife with black handle and
black leather case
Defendant is prohibited from possessing, transferring or acquiring any other
firearms license or weapons for the duration of this order.
5. The following additional relief is granted:
- Defendant is enjoined from damaging or destroying Plaintiff's property.
- Defendant is to refrain from harassing Plaintiff's relatives.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Pennsylvania State Police
Lower Allen Police Department
7. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for
Hearing without prepayment of costs. The Petitioner will inform the designated
authority of any addresses, other than the Defendant's residence, where Defendant
can be served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
8. THIS ORDER APPLIES IMMEDlATEL Y TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MAY 26, 2001 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or
up to six months in jail. 23 Pa.C.S. ~6Il4. 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.
~6l13. Defendant is further notified that violation of this Order may subject himlher
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 V.S.C. ~~2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
. .
This Qrder shall be enforced by the police who have juris.diction. over the plaintiff's
residence OR. any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 through 4 of this
Order, defendant shall be arrested on the charge ofIndirect 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 weaponls are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
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PFAD Number: XX1092896J
Erin Klein,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS, CUMBERLAND
: COUNTY, PENNSYL VANIA
v.
James Clinton Rhoads,
Defendant
: No. tro _ :3::u.. Ie c;;;.J J L.t..--
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
I. Plaintiff's name is:
Erin Klein
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a.Erin Klein
4. Plaintiff's Address is: 735 Boxwood Drive, Boiling Springs, PA 17007
5. Defendant's Name is:
James Clinton Rhoads
6. Defendant is believed to live at the following address:
66 South 36th Street, Camp Bin. P A 17011,
7. Defendant's Social Security Number is:
2041-60-2388
8. Defendant's Date of Birth is:
September 21,1980
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9. Defendant's Place of employment is:
Pizza Hut, Silver Springs Commons, Mechanicsburg
10. Defendant is an adult.
II. The relationship between the Plaintiff and the Defendant is:
Current or former sexual/intimate partner
12. The Plaintiff and the Defendant been involved in the following court actions:
a. Custody
13. Other details of the court action are:
May 1999, Cumberland County Court of Common Pleas. Plaintiff was awarded
primary physical and legal custody.
14. The defendant has not been involved in a criminal court action.
15. The facts of the most recent incident of abuse are as follows:
Ou or about May 10, 2000, Defendant called and threatened to kill and Plaintiff and her son,
causing Plaintiff to fear for her safety and that of her son. Plaintiff left her residence with her
son and stayed overnight at a hotel. Defendant was charged with harassment.
16. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor childlren,
(including any threats, injuries, or incidents of stalking) are as follows:
On or about January 21, 2000, Defendant threw Plaintiff's clothing and that of her child into the
street attempting to keep Plaintiff from leaving the residence. Defendant broke dishes and
punched holes in the wall excerbating her fear. Plaintiff fled the residence and stayed with a
neighbor.
In or about March 1998, Defendant pulled out a knife and threatened that if Plaintiff returned
to Pennsylvania with her parents, he would kill her. Defendant cut the telephone lines so that
Plaintiff could not call for help causing her to fear for her life aud that of her child's.
Since Spring 1997, Defendant has abused Plaintiff in ways including the following: slapped
Plaintiff in the face, threatened to kill her, threw things and punched holes in walls, and on one
occassion, threw a glass above her head hitting the wall, causing small pieces of glass to fall into
her hair.
17. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the
minor child/ren:
a. Six inch hunting /fishing knife with black handle in a black leather case.
,
18. The po~ilre departme}lt(s) orlaw enforcement agencies that should be prbvided with a copy of the
protection order are:
Pennsylvamia State Police
Lower Allen Township Police
19. There is an immediate and present danger of further abuse from the Defendant.
20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or
minor child/ren in any place where Plaintiff may be found.
b. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren,
either in person, by telephone, or in writing, personally or through third persons,
including but not limited to any contact at Plaintiffs school, business, or place of
employment, except as the court may find necessary with respect to partial custody
and/or visitation with the minor child/ren.
c. Order Defendant to temporarily turn over weapons to the Sheriff of this County and
prohibit Defendant from transferring, acquiring, or possessing any such weapons for
the duration of the Order.
d. Order Defendant to pay the costs of this action, including filing and service fees.
e. Order the following additional relief, not listed above:
- Order Defendant not to harass Plaintiff's relatives.
- Order Defendant not to damage or destroy any of Plaintiff's property.
- Order Defendant to pay $250.00 to one of Legal Service's IDc.'s funding
sources for litigation in this case.
f. Order the police or other law enforcement agency to serve the Defendant ~i~ 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 the Defendant's
residence, where Defendant can be served.
_ly S"";;'..,d .;~ c.rey ..
Agency: Legal Services, Inc.
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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 rny knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating
to unsworn falsification to authorities.
Dated: .s/dI1/W
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Erin Klein,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00- 3266
CIVIL TERM
James Rhoads,
Defendant
: PROTECTION PROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this ~day of June, 2000, upon consideration of the attached Motion for
~
Continuance, the matter scheduled for hearing June 2, 2000, by this Court's Order of May 26, 2000,
is hereby rescheduled for hearing on June 30, 2000, at 11 :00 p.m. in Courtroom No.5.
The Temporary Protection Prom Abuse Order shall remain in effect for a period of one year
from the date it was entered or until further Order of Court, whichever comes first.
Edward E. Guido, Judge
Joan Carey /J I I
LEGAL SERVICES, INC. . o....:o{;)/ rs 1i.)~C.--:>~ {ly G.{~ (., (~f CO
Attorney for Plaintiff
James Rhoads I
PROSEDEFENDANT . Col~Y m~(LV:L
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Erin Klein,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 00-3266 CIVIL TERM
: PROTECTION FROM ABUSE
v.
James Rhoads,
Defendant
MOTION FOR CONTINUANCE
The Plaintiff, Erin Klein, by and through her attorney, Maryann Murphy of Legal Services, Inc.,
moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds
that:
1. A Temporary Protection From Abuse Order was issued by this Court on May 26,
2000, scheduling a hearing for June 2, 2000, at 10:00 a.m.
2. The Cumberland County Sheriffs Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his
residence located at 66 South 36th Street, Camp Hill, Pennsylvania, on June 2, 2000, at
approximately 2:00 p.m.
3. The parties agree that the hearing be rescheduled to afford them time to execute a
Consent Agreement.
4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in
effect for a period of one year from the date it was entered or until further Order of Court, whichever
comes first.
WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this
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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 or until further Order of Court, whichever comes first.
Maryann hy, Attorney j) r
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-03266 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KLEIN ERIN L
VS
RHOADS JAMES C
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
RHOADS JAMES C
the
DEFENDANT
, at 0014:05 HOURS, on the 1st day of June
at 66 S. 36TH ST
CAMP HILL, PA 17011
2000
JAMES C. RHOADS
by handing to
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER, PETITION
and at the same time directing His attention to the contents thereof.
Additional Comments
DEFENDANT STATED HE DOES NOT POSSESS ANY WEAPONS.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.20
.00
10.00
.00
37.20
Sworn and Subscribed to before
cL>
me this 1- day of
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. ~"rO'honO'ary
So Answers:
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R. Thomas Kline
06/02/2000
By, ~4R
. Deputy Sheriff
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Erin Klein,
Plaintiff
: IN THE COURT OF COMMON
:PLEAS,C~ERLAND
: COUNTY, PENNSYLVANIA
v.
James Clinton Rhoads,
Defendant
~ No. 00 - 3:2 {p (,
.
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: James Clinton Rhoads
Defendant's Date of Birth is: September 21, 1980
Defendant's Social Security Number is: 204-60-2388
Name(s) of All protected persons, including Plaintiff and minor children:
1. Erin Klein
AND NOW, this 5th Day Of~OO the court having jurisdiction over the parties
and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows:
Upon agreement of the parties for the entry of a consent order, this order will be
entered without any admission ofliability by the defendant and without a finding of
abuse by this court:
Plaintiff's request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected
person in any place where they might be found.
2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any
other person protected under this Order, at any location, including but not limited to
any contact at Plaintiff's school, business, or place of employement. Defendant is
specifically ordered to stay away from the following locations for the duration of
this order.
Plaintiff's residence located at 735 DogwoodTerrace, Boiling Springs,
Pennsylvania, and her place of employment located at Commonwealth Office
Systems, Hartzdale Drive, Camp Hill, Pennsylvania.
3. Defendant shall not contact the Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
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4. Defendant shall immediately turn over to the Sheriffs Office, or to a local law
enforcement agency for delivery to the Sheriffs Office, any firearms license the
Defendant may possess, and the following weapons used or threatened to be used
by Defendant in an act of abuse against Plaintiff and/or the minor children.
I. Six inch hunting /fishing knife with black handle in a black
leather case.
5. Defendant is prohibited from possessing, transferring or acquiring any other
firearms license or weapons for the duration of this order. The Defendant has 30
days after expirations of this order to petition the Court for return of confiscated
weapons.
6. The following additional relief is granted as authorized by ~6108 of the Act:
- Order Defendant not to harass Plaintiff's relatives.
- Order Defendant not to damage or destroy any of Plaintiff's property.
- The court costs and fees are waived.
7. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Pennsylvania State Police
Lower Allen Township Police
8. THIS ORDER SUPERSEDES:
1. ANYPRIORPFAORDER
9. All provisions ofthis order shall expire on: June 5, 2001
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 P A.C.S. ~61l4. 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
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eEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE
J\ND ENTIONALL Y VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO
RAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261-
2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER,
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 the plaintiff's residence OR any location where
a violation of this order occurs OR where the defendant may be located, shall enforce
this order. An arrest for violation of Paragraphs I through 5 of this order may be
without warrant, based soley on probable cause, whether or not the violation is
committed in the presence of the police. 23 Pa.C.S. ~6l13.
Subsequent to arrest, the police officer shall seize all weapons used or threatened to be
used d)lring the violation of the protection order or during prior incidents of abuse.
The shall maintain possession of the weapons until further order of this Court.
When the defendant is placed under arrest for violation of this order, the defendant
shall be taken to the appropriate authority or authorities before whom defendant is to
be arraigned; A "Complaint for Indirect Criminal Contempt" sha1l then be completed
and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are
not required to file the complaint.
If sufficient grounds for violation of this order are alleged. the defendant shall be
arraigned, bond s: ~do I parties given n?tice 0 the date of the hearing.
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This Order is entered pursuant to the consent of Plaintiff and Defendant:_
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Erin Klein, Plaintiff
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J . Rhoads, Defendant
Se Defendant
o Carey, Attorney r Plaintiff
LEGAL SERVICE , INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
Ja n Ku u akis
Mar hall & Haddick
20 outh 36th street
Camp Hill, PA 17011
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