HomeMy WebLinkAbout00-04978
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BEVERLY KAY EYSTER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000- 49'1'8' CIVIL TERM
LEROY CHARLES EYSTER, JR"
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 the :2. L{ r1-'day of July, 2000, at J. ~ ) () t. .m.,
in Courtroom No. ..2. on the 4th Floor ofthe Cumberland County Courthouse, 1 Courthouse Sq are,
Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified orte1lDinated 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. ~6l14. 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. Y ouhave 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.
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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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BEVERL Y KAY EYSTER,
Plaintiff
: In The Court of Common Pleas of
: CUMBERLAND County,
: PENNSYLVANIA
v,
: Civil Action - Law
LEROY CHARLES EYSTER, JR"
Defendant
: No.JOOO - Cfq1~
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: LEROY CHARLES EYSTER JR.
Defendant's Date of Birth is: September 21, 1952
Defendant's Social Security Number is: 179-44-9065
Name(s) of All protected persons, including Plaintiff and minor children:
1. BEVERLY KAY EYSTER
AND NOW, on 14th Day of July, 2000 upon consideration of the attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
Plaintiff's request for a temporary protection order is granted.
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 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.
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PlaintitJ's residence:
4 Grant Street
Enola, PA
PlaintitJ's current places of employment and wherever she may be employed
during the term of this Order:
Harrisburg Hospital
South Front Street
Harrisburg, PA
Private nursing care:
550 Browns Lane
Enola, P A
3. Defendant shall not contact Plaintttt: or any other person protected under this
Order, by telephone or by any other means, including through third persons,
4. The following additional relief is granted:
The Cumberland County SheritJ's Department shaD attempt to make service
at Plaintiff's request and without pre-payment offees, but service may be
accomplished under any applicable Rule of Civil Procedure.
This Order shall be docketed in the otTlCe of the Prothonotary and forwarded
to the SheritT 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 Uefeudant 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 ~he parties or owned solely by Plaintiff.
5. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT
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6. 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 anthority 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,
7. THIS ORDER SUPERSEDES
ANY PRIOR PFA ORDER
8. THIS ORDER APPLlES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL JANUARY 14, 2002 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, ~61l4. 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.
~61l3, 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 U.S.C, ~~2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order sha11 be enforced by the police who have jurisdiction over the plaintiffs
residence OR any location where a violation of this order occurs OR where the
defendant may be located, If defendant violates Paragraphs 1 through 3 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 sha11 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,
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LEGAL SERVICES, INC, r.,~ ~ j,.;,
Joan Carey, Attorney for Plaintiff f ~
Faxed & Mailed to PSP
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Date
BEVERLY KAY EYSTER,
Plaintiff
v.
LEROY CHARLES EYSTER, JR.,
Defendant
PFAD Number: BC1109737H
: In The Court of Common Pleas of
.
: CUMBERLAND County,
: PENNSYLVANIA
.
: Civil Action - Law
; No. ~- '-1971 ~ r~
; PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
I. Plaintiff's name is:
BEVERLY KAY EYSTER
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. BEVERLY KAY EYSTER
4. Plaintiffs Address is: 4 Grant Street, Enola, Pa 17025
5. Defendant's Name is:
LEROY CHARLES EYSTER JR.
6. Defendant is believed to live at the following address:
244 North Eno1a Drive, Enola, PA 17025
7. Defendant's Social Security Number is:
179-44-9065
8. Defendant's Date of Birth is:
September 21,1952
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9. Defendant's Place of employment is:
Central PA Air Cargo & Logistics, Middletown, PA (Dauphin Co.)
10. Defendant is an adult.
II. The relationship between the Plaintiff and the Defendant is:
Spouse
12. The Plaintiff and the Defendant been involved in the following court actions:
a. Divorce
13. Other details of the court action are:
Divorce (Cumberland Connty, Eyster v. Eyster, No. OO-?) Complaint fIled the week
of July 11, 2000
14. The defendant has been involved in a criminal court action.
15. The defendant is not currently on probation / parole
16. The facts of the most recent incident of abuse are as follows:
On about Tuesday, July 11, 2000 at approximately 5:30AM
location: 4 Grant Street, Enola, PA, Plaintiffs residence
On or about July 11,2000, at approximately 5:30 A.M., Defendant telephoned Plaintiffs
residence several times. At approximately 6:00 A.M. Defendant went to Plaintiffs residence,
looked in the windows, and called to her through the window. Fearing for her safety, Plaintiff
did not respond, and Defendant left shortly thereafter. When Plaintiff left for work at about 6:15
A.M., Defendant was waiting for her at a stop sign about a block from her home. After Plaintiff
arrived at work she telephoned the East Pennsboro Township Police and reported the incident.
Later the same day, Plaintiff filed a written report on the incident with the police.
17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) are as follows:
On or about July 9, 2000, Defendant went to Plaintiffs residence uninvited, and entered her
home unannounced, startling her and causing her to fear for her safety.
On or about July 4, 2000, Defendant grabbed Plaintiffs keys from her car, threatened to go to
her residence, and raised his fist back in a threatening manner causing her to fear that he was
going to hit her.
On or about June 7, 2000, Plaintiff sent a letter to Defendant notifying him that he was not to go
to her residence again or she would contact the police, and also advising him that she wanted no
further contact with him by telephone or any other means (see attached Exhibit A, incorporated
by reference). Plaintiff sent the letter to Defendant by certified mail, return receipt requested,
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and received the retnrn receipt on June 9, 2000, signed by Defendant: A copy of the letter was
also sent to the East Pennsboro Township Police where it remains on tIle.
Later, the night of June 7th, Defendant telephoned Plaintiffs residence repeatedly from
approximately 11 :00 p.m. through 2:00 a.m., aware that she had to be at work at 7 a.m., and in
one message he left on Plaintiffs answering machine, Defendant said that he was not going to
allow her get any sleep because he was going to call every half hour until she picked up the
telephone. Unable to sleep, Plaintifffmally answered the telephone at about 2:00 a.m. Defendant
told her that he just wanted to hear her voice.
On or about June 5, 2000, the night Plaintiffs mother died, Defendant drove his vehicle toward
Plaintiff's car in a reckless manner, almost forcing her off the road.
In or about early May 2000, shortly after Plaintiff separated from Defendant, he told her that he
drives by her home every night when he gets off work (at approximately 3:00 a.m.).
From approximately 1974, through April 2000, Defendant abused Plaintiff in ways including,
but not limited to: shoving her about, forcing her to engage in sexual relations with him against
her will, breaking household items, damaging and/or destroying her personal possessions, and
punching hole in the waIls. During one incident, Defendant shoved Plaintiff down several stairs,
resulting in injuries to Plaintiff which included bruising and swelling about her face and eye,
and on a separate occasion, Defendant held a knife against Plaintiff's throat.
18. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT
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 chi1d/ren.
c. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs
children listed in this petition, except as the court may find necessary with respect
to partial custody and/or visitation with the minor child/ren.
d. Order Defendant to pay the costs of this action, including filing and service fees.
e. 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.
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Defendlant is ordered to pay $250.00 to reimburse one of Legal
Services, Inc. 's funding sil)'~rces toward the cost of litigatioin in this case.
f. Grant such other relief as the court deems appropriate.
g. Order the police or other law enforcement agency to serve the Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The petitioner
will inform the designated authority of any addresses, other than the Defendant's
residence, where Defendant can be served.
Respectfully submitted,
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Joan
Philip C. Briganti
Andrea Levy
Maryann Murphy
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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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 ttue 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 filIsification to authorities.
Dated:
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Beverly Kay ter, I'
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EAST PENNSBORO POLICE
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June 7, 2000
[,eroy Charles Eystcr, Jr,
244 NOlth bnola Urive
Enola, Pennsylvania 17025
Leroy:
This letter gives you official notice that you are no longer welcome at my residence
located at:
4 Grant Street
Enola, Pennsylvania
You arc not welcome to have contact with me concel'lling any subject othcr than the
welfare or our shared children. This includes contact by telephone, in writing or through
a third person,
Any violation of this request will lead to the immediate notification of the East Pcnnsboro
P,II". ~
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EXHIBIT
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*** TX REPORT ***
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1999
92490779
07/14 14:21
04'49
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-04978 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EYSTER BEVERLY KAY
VS
EYSTER LEROY CHARLES JR
CPL. T1MOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within NOTICE OF HEARING & ORDER was served upon
EYSTER LEROY CHARLES JR
the
DEFENDANT
, at 0015:52 HOURS, on the 14th day of July
, 2000
at 244 NORTH ENOLA DR.
ENOLA, PA 17025
by handing to
LEROY C. EYSTER, JR.
a true and attested copy of NOTICE OF HEARING & ORDER together with
TEMPORARY PROTECTION FROM ABUSE ORDER,
PETITION
and at the same time directing His attention.to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.92
.00
10.00
.00
37.92
so. Ans:~~.,. ~ ~
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R. Thomas Kline
07/17/2000
Sworn and Subscribed to before By:
me this .:20 day of
~ul~ ';;'000 A.D.
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BEVERLY KAY EYSTER,
Plaintiff
: In The Court of Common Pleas of
: CUMBERLAND County,
: PENNSYLVANIA
v.
.
: Civil Action - Law
LEROY CHARLES EYSTER, JR"
Defendant
: No. 00-4978
; PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: LEROY CHARLES EYSTER JR.
Defendant's Date of Birth is: September 21,1952
Defendant's Social Security Number is: 179-44-9065
Name(s) of All protected persons, including Plaintiff and minor children:
1, BEVE~YKAYEYSTER
AND NOW, this"'jAh Day of July, 2000 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:
Plaintiffs 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 completely evicted and excluded from the residence at:
4 Grant Street Enola Pa
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.
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3. 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.
-Harrisburg Hospital South Front Street Harrisburg, Pa
-Private nursing care: 550 Browns Lane, Enola, Pa.
* Defendant is permitted in connection with his employment to deliver flowers
to the Harrisburg Hospital, but shall take all reasonable steps to avoid contact
with Plaintiff.
4. 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.
5. The following additional relief is granted as authorized by 96108 of the Act:
- Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
- Defendant shall refrain from harassing Plaintiffs relatives.
- All court costs and fees are waived.
6. A certified copy ofthis Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT
7. THIS ORDER SUPERSEDES:
1. ANY PRIOR PFA ORDER
8. All provisions ofthis order shall expire on: January 24, 2001
NOTICE TO THE DEFENDANT
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VIOLATION OF THIS ORDER MA Y 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. 96114. 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. 92265. 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 992261-
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.
9922(0), 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 4 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. 23Pa.C.S. 96113.
Subsequent to 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 shall maintain possession ofthe weapons until further order ofthis 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" shall 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 set and both parties given notice of the date of the hearing.
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If entered pursuant to the consent of plaintiff and defendant:
arey, Attorney
Legal Services, Inc.
S Irvine Row
Carlisle, P A 17013
Distribution to:
Joan Carey, Attorney tor Plaintiff
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
Faxed & Mailed to PSP
Jeffery Yoffee, Attorney for Defendant
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
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Leroy Charles Eyster, Defend
effery offe, Attorney for Defendant
Y offe and Y offe
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
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07/27/00 11UJ 14:03 FAX 717 240 6573
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CUMB CO PROTHONOTARY
141001
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
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... TX REPORT ...
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2029
92490779
07127 13: 59
04'22
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