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Home My WebLink About97-06782 nuthori7.ution, under circumstances which have plac~'(1 thc plaint ill' in rcasonable fear of bodily injury. This has included, but is not limitcd to, the I(lllowing sp~'Cilic instanccs or abusc: a) On or about December 5, 1997, the plaintill' was c<lJltact~'(\ at her place of employmcnt by the Ncw Cumberland Police Department and adviscd not to rcturn to her home because the defendant, who was agitated and cnragcd, posed a thrcatto her. The plainlitl: leuring lor hcr safety allcr thc warning Irom thc police, did not return to the homc and has bccn staying at an undiscloscd location to avoid abuse, b) On or about Novcmber 30, 1997, thc delendant thrcw a lit ci!(arettc at thc plaintill: grabb~'(1 hcr undcr the arms, and draggcd hcr out of the rccliner chair she was sitting in Whcn the plaintifl' got away from lhc dclendant and wcnt into thc kitchcn, he pushed her Irom bchind, causing her to 11111 against thc wall and stove, slapped her about her hcad repcatcdly. and backed hcr into a corner whcre shc cowered until he Icll the room The delendant cntcrcd the bcdroom where the plaintilr had retrcatcd, slammed the door repcutcdly, threw the tclephone at hcr, told her that he had a gun and threatcncd to shoot hcr. hcr mothcr and hcr sistcr. slammcd thc door again. punchcd her on thc back of hcr thigh as she lay on thc bcd, and slappt.'(\ hcr in thc lace, The plainlill'sustained bruising and sorcncss about hcr arms and cbcst, contusions about her I"l~c lInd f()reann, and swelling and sorcness about hcr head as a result of this if~ury. c) On or about Novembcr 2, 1997, thc dclendant threw a gla~s ashtray at the plainlill' who had her back to him, but was ablc to duck to avoid being stnack. The ashtray hit the wall shattcring glass all ovcr thc kitchen d) In or about August, 1991, the defendant punched the plaintitl'in the face and threw her to the ground, The plaintitl'sought medical treatmelll thJln her physician lor her injuries The plaintiff sustained two black eyes, swelling about her lace, a laceratcd lip, bl1lising about IIl:r body, and a fhlcturcd tailbone during this incident. The defendWll was arrestcd, charged with simple assault, and s.:rved time in Dauphin County Prison e) Since approximately 1990, the dcfendant has abuscd the plaintill' in ways including, but nol limited to pushing, slapping and punching her; intimidating her, harussing hcr by telephoning at her placc of employmcnt to check on her whercabouts, and thrcatcning to burn the house down with her in it. The dcfendant has damaged and destroycd the plaimill's possessions including slashing her watcrlx.>d, breaking the telcphonc, smashing the lamp and answcring machinc. throwing hcr clothing and possessions on a camp tire. and vandalizing her vchicle. In addition, during a vacation in Ohio, the detendant drovc back to Pcnnsylvania without tclling the plaintill: leaving hcr strandcd hundreds ofmilcs from thcir home. 6. On or about Dcccmbcr S, 1997. the plaintill'let\ hcr rcsidence at 1388 Simpson Fcrry Road, New Cumbcrland, Cumberland County, Pcnnsylvania, in order to avoid thrlher abuse 7. The plaintitrbelicvcs and therclbrc avcrs that shc is in immcdiatc and present danger of abusc trom thc defendant should she rcturn to thc home without thc defendant's exclusion and that she is in need of protection trom sllch abuse 8 The plaintitl'desires that the delendant be prohibited f1'om having any direct or indirect contact with the plaintill'i:1c1uding. butnotlimitcd to, telephone and written communications, <), The plnintill'dcsircs that thc dcfendant bc cnjoincd Ihllll harassing and stalking thc plaintin: l\Jld Irom harnssin!l hcr relativcs. 10, The plaintill. dcsircs that thc defcndalll bc restminloJ trom cntcring hcr placc of employment II, The plaintil\' dcsires that thc dclendant bc cnjoinl-d Irom rCll1oving, damaging, destroying or selling any propcrty owned jointly by thc parties or owncd by the plaintitl' IJ, I~XCLllS1VE l'OSSESSION 12, The house at 1388 Simpson Ferry Road, New Cumberland, Cumbcrland County, Pennsylvania, from which the plaintill'is asking the Court to excludc thc detendant is rentcd in the names of the plaintitl: Roberta Marie Mi7,1k , and the defendant, David Richard Iloyd. 13. The plaintitl' currcntly has no place to stay cxcept the jointly leased residcnce, and the detendant has tamily and friends in the arca with whom he can stay, C. RE1MlJlIRSEMt:NT "'OR COST 0... CASt: 14. The plaintitl'asks that the defendant be ordered to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s lunding sources as rcimbursement f()r thc ccst of litigating this case, and that the defendant be assessed the $25,00 surcharge and any court costs if the casc goes to hearing. WHEREFORE, pursuant to the provisions of the "Protectionlrom Abuse Act" of October 7, 1976, 2.1 PS *6101 t;.l '!\:!I, as amendcd, the plaintill. prays this Honorablc Court to granl the following relief A. (;mntll Ttlllllorllry Orner pUnllllntto Iht "I'rottclion from Abust Acl:" Ordcling thc delendant to rctrain IhlJlI abusing the plaintill' or Irom placing hcr inlear of..busc; 2. Ordcring the delendant to reli'ain Irom hllVing IUlY dirl.'Ct or indirl.'Ct contact with the plaintill'including, but not limitl.-d to, telephone and written communications. .1 Ordeling the detendant to rclrain Irom harassing and stalking the plaintill'and trom harassing her relatives 4. Prohibiting the dclendant Irom enteling the plaintitl's place of employment 5 Prohibiting the detendant Irom rcmovmg. damaging, destroying or selling property jointly owned by the parties or owned by the plaintifl~ 6. Granting possession of the house located at 1]88 Simpson Ferry Road. New Cumberland. Cumberland County. Pennsylvania, to the plaintiff to the exclusion of the delendant, and ordering the defendant to stay away trom any residence the plaintitl' may cstablish for herself pending a final order in this mailer. 0. Schedule II hellrin~ in IIccornllJlce wilh the provisions of the" Prottdlon from Abuse Act," lllld. lifter such hellring, tnter an onter 10 be in elf<<t for a period of one ytar: Ordering the dclendant to relrain from abusing thc plairtiff or trom placing her in lear of abuse 2. Ordering the delendant to reli'ain Irom having any diR'Ct or indin.'Ct contact with the plaintill'including, but not limited to, telephone and written communications. 3. Ordering the delendant to refrain Irom harassing and stalking the plaintilJ'and Irom harassing her relatives 4. Prohibiting the delendant Irom entering the plaintill's place of employment. 5. Prohibiting the delendant Irom removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintill~ 6. Granting possession of the house located at 1388 Simpson Fen)' Road, New Cumberland, Cumberland County, Pennsjlvania, to the plaintilf to the exclusion of the defendant, and ordering the delendant to stay away from any residence the plaintilfmay establish lor herself 7 Ordering the ;'etendant to pay $25000 to Cumberland COUnly, one of Legal Ser.ices, Inc.'s Ilmding sources as reimbursement tllr Ihe cost of litigating this case, and assessing the $25 00 surcharge and court costs to the delendant if the case goes to hearing. The plaintilf finther asks that this Petition be tiled and serwd without payment of lees and costs by the plaint ill: pl:nding a thrther order at the hearing, and that a certified copy of Ihis Petition and Order be delivered to the New Cumberland Police Department which has jurisdiction to enforce this Order. 'J <J I~) -. ('1; " 1lI I) I -.) I , , , C I ,J I.'. , ,eI I ~I " , dJ 8 This Order shall remuin iu elli.'Ct till u I~~riod of one (I) year and can be extended beyond tlllltlime iflhe (\llUt tlnds tlllltlhe dclcndalll hus conunilll'tlun act of abuse or has engaged in a pUllem or prnctice Ihul illllicnte.~ lislo. of hurm 10 Ihe plaintill' This Order shall be enlorccnble in the Slime manner us the ('OIllI'S plioI' TempurlllY 1'lllt~'Ction Order entered in this case. II ^ violulion of this Older may suhje~~t the detcndant to i) arrest under 23 Pa.C'.S ~611.l, ii) a privutc crlminall'llml'luinl under 21 I'a C S ~611.1 I. iii) a charge of indirect criminal contempt under 2.1 I'a (' S ~c.ll.l, punislll\hlc hy imprisonment up to six months and a line 01'$1 OO.QI)- SI,OOO.OO, und iv) civil contempt und...r 21Pa C' S ~bll4 I III The Ncw ('umhcrland Police Department shall be provided with a certitied copy of this Order hy the plaintitl's nlhllnl'V und may enlilfcc this Order by IllTest lor indircct criminal contempt without walllmt up{)n Plllhuhle ClllIS'" Ihutlhis Order has bcen violatl>d, whether or not the violation is comJllilled in the prescnce of Ihe police ollkcr In the evcnt that an arrest is made under this section, the delcndlllll ~hllll he IlIlo.ell \vithout ullllI:cessmy delay bclilrc the court that issued the order. When thlll court is Inlllvllililhle, the ddcllllant slmll be tulo.en het<1fe the appropriate district justice. (23 Pa.CS. ~1>11.l) Juan C 'urev I.Hi^1. SEltVIC'ES, INC ^"orncy Illr l'luilllill' :; . David l{icllllJllllovd, I)efcndilnl I' () lIos 1M') IIl1fl1shufll, I' ^ 17108 SHERIFF'S RETURN - REGULAR CASE NOI 1997-06782 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIZAK ROBERTA MARIE VS, BOYD DAVID RICHARD MICHAEL BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon BOYD DAVID RICHARP the defendant, at 1550: 00 HOURS, on the 9th day of December 1997 at 1388 SIMPSON FERRY ROAD NEW CUMBERLAND, PA 17070 ,CUMBERLAND County, Pennsylvania, by handing to QAVID R,. BOYD a true and attested copy of the PROTECTION FROM ABUSE together with TEMPORARY PROTECTION ORDER NOTICE AND PETITION ----J and at the same time directing His attention to the contents thereof. Sheriff's Cost~: Docketing Service Affidavit Surcharge So answers: . ,'<') // /../ d r >>"&,,..-,:.,.,-:;: ...-f'~(~~ Ir, Thomas Kline, "Sher~ff 18.00 10,54 ,00 2,00 ",. '"',.".,.... ~ ~. ~\''') by' ~b / t. Sworn and ~ubscribed to before me this 6".::.. day of ~u......L.-.....- 19,J-L A. D, ( ~ /' -~. .' .u-.- "--- ~ c..' I Yl-Ub-- . t<.<.p') I l'rolhonotary' . 'j I