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HomeMy WebLinkAbout00-08641 ."." .l > Sherry Louise Yost Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. : No. 00-8641 Bradley Wayne Barrick Defendant : CNIL ACTION - LAW : PROTECTION FROM ABUSE . FINAL ORDER OF COURT Defendant's Name is: Bradley Wayne Barrick Defendant's Date of Birth is: December 3, 1968 Defendant's Social Security Nmnber is: 191-54-7472 Name(s) of All protected persons, including Plaintiff and minor children: I. Sherry Louise Yost AND NOW, this t}..".."'O 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 of liability by the defendant and without a finding of abuse by this court: Plaintiff's request for a fmal 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. Except as provided in Paragraph 4 of this Order, 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 1301 Center Road, Newville, Pennsylvania. Plaintiff's place of employment located at Addus Health Care, 401 East Louther Street, Carlisle, Pennsylvania, and the Midway Bar, Carlisle, Pennsylvania. ~-- ~' _~,;i~~' ;'.Ii ., 'I" "~{' ",,,-,,,"~',-,^,,"';''''',",," ':'A,""'~-'" ,,,,-,,>,,' "",."",~^._,'~',,""" "---~. fii '--nr ,"h ". r"iLED"~/"'.~r:"!n~. Ut' ! :"'-';::' ? -:::,"~,~Ti,/../::'!,~y,." r,y "'-'lrV'1 00 (I-:-C 26 PM '.. I. () I." I , Ci i.\Ai,.-' U'V10:::;Ni ~'i,i'''', ," PENiv"SYL'V,d,f;z UN7Y . ,'v,:4 '",~, ,--. b~q~lJ!lI!!!!__" ,', ~~~P..i~!:J),~~,ftl!l"t<rmJ.~!ft~!ijfi!J.!~ffiJfW)~tti~:mL~,;,..~:~'W"'i"i'i"Hj'"""i"0;l~~~~:I~.lWlif~~~'il!ili'~'t"WiJ~1!r.n.:!f{l~~~ 3. Except as provided in Paragraph 4 of this Order, 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. 4. Custody of the following minor children: 1. Anthony ADen Barrick 2. Miranda Marie Barrick shall be as follows: . See attached custody order. 5. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, any fireanns 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. 1. Any and all fIrearms, including but not limited to a 12 gauge shotgun and a hunting rifle and any other shotguns, handguns, and or rifles. 6. Defendant is prohibited from possessing, transferring or acquiring any other fireanns 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. 7. The following additional relief is granted as authorized by ~61 08 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 Plaintiff's relatives. The court costs and fees are waived. ?_ -.1 L ":';;"" J1 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: State Police - Newville Carlisle Borough Police 9. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. All provisions of this order shall expire on: June 20, 2002 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. 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES 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(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS 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, shall enforce this order. An arrest for violation of Paragraphs 1 through 6 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. 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 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 lliltlIi .L, < , whom detendant is to be arraigned. A "Complaint tor 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 tile 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. llJE . .. . . 0 , President Judge If entered pursuant to the consent of Plaintiff and Defendant: ,.~lUU~ Sherry Yost, PI tiff . B~~ Pro Se o -Carey, Attorney Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 - ',) .,'._:',:,.-....;~.-:.:;/;;.\I-" ".l \: " ,.---~>_..--_.............- ~ I .~ ~'~' '~~: SHERRY YOST, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000-8641 CIVIL TERM BRADLEY WAYNE BARRICK, DEFENDANT : PROTECTION FROM ABUSE AND CUSTODY ~ CUSTODY ORDER AND NOW, this ~y of December 2000, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children: Anthony Barrick(DOB 7/17/93) and Miranda Barrick(DOB7/5/94): 1. The plaintiff, Sherry Yost, hereinafter referred to as the mother, will have primary physical and legal custody of the children. 2. The defendant, Bradley Barrick, hereinafter referred to as the father, will have partial custody of the children, according to the following schedule: a. Every other weekend from Saturday at 9:00 a.m. until Sunday at 5:00 p.m., and b. At other times mutually agreed upon by the parties. Defendant shall provide a 48 hour notice to Plaintiff as to when he wishes to have partial custody of the children. 3. The mother shall have custody of the children on Christmas Eve each year, and the father shall have custody of the children on Christmas Day for a period oftime agreed upon by the parties. 4. The parties shall share the following holidays at mutually agreed upon times: Easter, Thanksgiving, Memorial Day, the Fourth of July, and Labor Day. 5. The father shall have the right to see the children on their birthdays at a time to be agreed upon by the mother and father. ..,~'""'~ ~ ..I < ~~, ,,- .-,"' ~< . 6. The father shall have the right to partial custody ofthe children for one (1) week each summer. The father shall give the mother two weeks notice as to when he wishes to take his period of summer custody. 7. The mother and father, by mutual agreement, may vary from this schedule at any time. 8. The mother and father will notify each other of all medical care the children receive while in that parent's care. Each parent will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 9. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. By the Court, esident Judge If entered pursuant to the consent of Plaintiff and Defendant: BJ?z8~ Bradley Barrick, Defendant Pro Se o Carey, Attorney for Legal Services, Inc. 8 Irvine Row Carlisle, P A 17013 " ''"''''''!-;, I I I'~ ,/~-- I ! i,; .. i ~ i ~ ; 1: If , i" " h ,. I: I' I' , I ~ " . .'''~ , . , ~" , ,--~.>- '1 -.'" " -' "~ '~,,. C" T: F;UW,~);"f~;~)TNW -" nr-r r..(' I.HJ )~.." L 0 Ptl I: n! ""'1 ',/""-"'" "f ".- ,,"I~,IINTY ''';Vl\',.U:.:.:hL.,i',;,<J ijV\jJ : PEN;\:~NLVAj\j1A . ,'" - '.,~,,,~, '.' ~,,"'" -~'~'~".".-.'''"'''i''''''-'''';;''''-'~''ii '~ " ': ~ ') -..} ~ <:"'( ~ '\." ~ ~ 1 iA ...~ '1> . " .-; '\~ r~ , t~ ~ i~ 'j~ jj .""", c_ ,1-''" ~. ' - ." ~ '~"":-"'7'!"p,,,i"~ __ _~ _~~~fJWiw,;'''H'Ji<lll&,~~~AAt~ -;!l~~T~!I!~~. '...~. "'" .Af. -...... -I, ..-~~,,: 12126/00 TUE 14:26 FAX 717 240 6573 CUMB CO PROTHONOTARY 19J001 $******$$$*$$*******$***$*$ U$ MULTI TN REPORT U$ *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2361 [ 01]9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR ., ;: ;i ;j rj OFFICE OF THE PRarliCJrVrARyl! CUMBERLAND COO\'l1i' COURTHOOSE ONE caJRTHOOSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 .i :1 , :1 ,'1 'ro: LS c.ent. P'OCeS.5. I'll. STATE POLICE VIA TELECOPIER Ii ~ i i FAX n: 717-249-0779 F'RCM : CURTIS R. LONG RE: PFA ORDERS MESSAGE: li- NO. OF PAGES (INCWDING COVER SHEET) , This ~ is inti:> dd O"lly fur tte \.Ire of ttE irdiv.idl.eJ. cr. e'lti~ tn I>hidl is is ..rh..........:rl. .ro rfay =tdin ir1fi:mr6I::.io t:tet is p:'iv:iJapj, o;nf;id;ntial crrj e><arJ;;t fron di""l_~ I"I"Ijer <<<,1 ;rmlP Ja./. rf t1-e J:m'Er af this" 'q' is rot tic int:Ja"OO:l ~:ipiEnt, )OJ are l'etl;bf rotifia:l ttat ilIlY (li.ssemiraticn, distdlul:irn elL cq:J{ing of this COTTTU1iretI.cn j,<; strictly ~itB:l. [f}O.l ~ re:eiwd ttns connrW:.;r.:;io1 in en>;:IC, pl.B"B8 rotifY ill Jrrrra:iiately by I:el.el:h:re an return tlE a:-iQirel ~ In lS al ~= ~'~,~,." " --""""" ~- -~ . L '_iil~~,,' SHERIFF'S RETURN - REGULAR CASE NO: 2000-08641 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YOST SHERRY VS BARRICK BRAD DOUG DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon BARRICK BRAD the DEFENDANT , at 001~:05 HOURS, on the 15th day of December, 2000 at 363 BURGNERS RD CARLISLE, PA 17013 by handing to BRADLEY W. BARRICK a true and attested copy of PROTECTION FROM ABUSE together with & CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Additional Comments WEAPONS CONFISCATED. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.72 .00 10.00 .00 31.72 so;;~~! R. Thomas Kline 12/18/2000 Sworn and Subscribed to before By: Qfl~ Deputy Sheriff me this 3~ day of C)~,w~'-7 4<rv J A.D. ~a ~ ,(11 P othonotary . ~" . d '-, l,> '0"'- t,,,~~ . . . SHERRY YOST, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF vs. : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2000- ~Co iL CIVIL TERM BRADLEY WAYNE BARRICK, DEFENDANT : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. 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 TillS MATTER IS SCHEDULED O~ ~ j.o ~xr .<; .3 () P.M., IN COURTROOM NO. 3 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. 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/orupto six months injail under 23 Pa.C.S. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, 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. 9 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to fmd 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 of1990. 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. :,7l& '?i,!:[jf:,,;~ 'I!'I'!I ~1 ,"""~~",,IJt;, .., ""~"~'o..'_'~'~ ,~,~~",,__~, "'--,~~;.' +' ~~- :",,"'~""""""~I'" j__" ,-/, - ~t! Cr~__wl"""'t:::LI(~~: hLc._,,) ~" "-';.., 'rJ\( .': ':~'i'(',"~'C ;C\\~"jri;\I'1 or: O r"'I~ I t; ~"'1. ') i; o utv I J t{i1J .. (",'wII CUlvlc;;i'\LPNJ COUNTY PENNSYl!!i\~IIA _~".I~~ill!$li~i/i!!!i~~~lW'fi'jJj<" "'-""""If''':-''';;1'';ln:'~i!''-'''','r''''''!''''\~c>$!~'F,il'I'i!~1~*~,~!\j!~~i\i!,f:$R~)tl!;tjii!~ ,_ ,.. _'~'m,J!~ - ,. ~ , " ,.'~ -, .' " Sherry Louise Yost Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. : No. Bradley Wayne Barrick Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Bradley Wayne Barrick Defendant's Date of Birth is: December 3,1968 Defendant's Social Security Number is: 191-54-7472 Name(s) of All protected persons, including Plaintiff and minor children: 1. Sherry Louise Yost AND NOW, on&. /1)' .:l0PlJ upon consideration of the 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 of the above persons in any place where they might be found. 2. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, 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 1301 Center Road, Newville, Pennsylvania. Plaintiffs place of employment located at Addus Health Care, 401 East Louther Street, Carlisle, Pennsylvania, and the Midway Bar, Carlisle, Pennsylvania. ~'l i1lJ ''!#ii' "- >h "L'''''''~TI.'h 3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. Anthony Allen Barrick 2. Miranda Marie Barrick Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: -Plaintiff shall have primary physical and legal custody of the minor children. -Defendant shall have partial custody every other weekend and at times mutually agreed upon by the parties. Defendant shall give Plaintiff 48 hours notice as to when he wishes to have partial custody of the children. - Defendant's parents shall pick up the children for Defendant's period of custody. If Defendant accompanies his parents to pick up the children, he shall remain in the vehicle. Plaintiff shall pick up the children at the end of Defendant's period of custody. Defendant shall remain in the residence during custody exchange. - Defendant shall not consume alcohol during his period of custody. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control ofthe Plaintiff in accordance with the terms of this Order. 5. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriff's Office or a designated local law enforcement agency for delivery to the Sheriff's Office. 1. Any and all fIrearms, including but not limited to a 12 gauge shotgun and a hunting rifle and any other shotguns, handguns, and or rifles. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration ofthis order. 6. The following additional relief is granted: The Cumberland County Sheriffs Department shall 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 shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. -^ 1--., ., "L '~""'.' -~ "'i"""""';,"~M.lk"'_ Defendant is required to relinquish to the sheriff any fIrearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notifIed Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of the Carlisle Police and the sheriff of Cumberland County. Defeudant 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. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: State Police - Newville Carlisle Borough Police 8. 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. 9. THIS ORDER APPLIES IMMEDIA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JUNE 15,2002 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 injail. 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 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 shall be enforced by 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. If defendant violates Paragraphs 1 through 5 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 iJ , , _L .J .""""",, '~Jill~.l"_ threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. -re Distribution to: Legal Services Faxed & Mailed to PSP ~i'lli>j~~,h PF AD Number: V AII72636M Sherry Louise Yost Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. Bradley Wayne Barrick Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Sherry Louise Yost 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Narne(s) of ALL person(s), including minor children, who seek protection from abuse. a. Sherry Louise Yost 4. Plaintiffs Address is : 1301 Center Road, Newville, Pa 17241 5. Defendant's Name is: Bradley Wayne Barrick 6. Defendant is believed to live at the following address: 363 Burgners Road, Carlisle, Pa 17013 7. Defendant's Social Security Number is: 191-54-7472 8. Defendant's Date of Birth is: December 3, 1968 ,,"- - -~- """, ,~~ i1il1Io1 ~~, 9. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 10. The defendant has been involved in a criminal court action. 11. Plaintiff and Defendant are the parents of the following minor child/ren: a. Anthony Allen Barrick Age:7 Child's address is: 1301 Center Road, Newville, Pa 17241 b. Miranda Marie Barrick Age:6 Child's address is: 1301 Center Road, Newville, Pa 17241 12. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. Anthony Allen Barrick For the past 5 years, this child has lived with: 1993 unti112/2/00 - 53 Subdivision Road, Newville, Pa., 17241 Brad Barrick and Sherry Yost, Miranda Barrick b. Miranda Marie Barrick For the past 5 years, this child has lived with: 1994 unti112/2/00 - 53 Subdivision Road, Newville, Pa., 17241 Brad Barrick, Sherry Yost, Anthony Barrick 13. The facts of the most recent incident of abuse are as follows: On or about December 12, 2000, Defendant called Plaintiff at her place of employment and threatened that she could come home and be happy with him or stay with her boyfriend risk that he would "f*** them up." 14. 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 December 10, 2000, Defendant punched Plaintiff in her jaw with his fist. Plaintiff suffered a bruise on her jaw. On or about December 4, 2000, Defendant called Plaintiff at work and when she came to the phone, he said that he wanted her to listen to something at which point a gun shot was fired causing her to fear for her safety. On or about Decmember 2, 2000, Defendant left a message on Plaintiff's voice mail threating that when she got home, he would have a 12 gauge between her eyes. '."i"';"-~WJ'- h - ," '-~~:i Later, when Plaintiff did not return to the residence, Defendant left a second message on Plaintiffs voice mail threatening that she is "f***kin dead." In or about the end of November 2000, Defendant bent Plaintiffs thumb back causing it to break. Plaintiff sought medical attention at the Carlisle Hospital. In or about July/August 2000, Defendant broke into the bathroom where Plaintiff was hiding, grabbed her by the shirt, and threw her against the shower door causing her to hit the back of her head and suffer a concussion. On a separate occasion, Defendant punched Plaintiff in the mouth causing her lip to swell and bleed and smashed her car window with a beer bottle. On or about December 25, 1999, Defendant chased Plaintiff from the residence to her car with a gun. Since approximately 1989, Defendant has abused Plaintiff in ways including the following: punched, burned her with a curling iron, dislocated her shoulders, threw a radiator cap causing her to have stitches above her eye, and broke her thumb, nose and fmger. Defendant has given Plaintiff numerous black eyes and a mild concussion. Approximately a year and a half ago, Defendant pointed a gun at Plaintiff and threatened to kill her. 15. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor child/ren: a. Any and all fIrearms, including but not limited to a 12 gauge shotgun and a hunting rifle, and any other handguns, shotguns, and rifles. 16. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: State Police - Newville Carlisle Borough Police 17. There is an immediate and present danger offurther abuse from the Defendant. 18. 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. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: -Plaintiff shall have primary physical and legal custody of the minor children. -Defendant shall have partial custody every other weekend and at times mutually agreed upon by the parties. Defendant shall d ..1- .~ L"_,_, ."~ -, "'~, give Plaintiff 48 hours notice as to when he wishes to have partial custody of the children. - Defendant's parents shall pick up the children for Defendant's period of custody. If Defendant accompanies his parents to pick up the children, he shall remain in the vehicle. Plaintiff shall pick up the children at the end of Defendant's period of custody. Defendant shall remain in the residence during custody exchange. - Defendant shall not consume alcohol during his period of custody. c. 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. d. 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. e. Order Defendant to pay the costs of this action, including filing and service fees. f. Order the following additional relief, not listed above: - Order Defendant to refrain from harassing Plaintiff's relatives. - Order Defendant not to damage or destroy any property owned by Plaintiff. . - Order Defendant to pay $250.00 to one of Legal Services, Inc. funding sources as reimbursement for litigation in this case. 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 infonn the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: l::l - /~ - H . Carey, Attorney for Pi . LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 " ',1- . , . " L -"......"I"W'~ "'~i':' 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 falsification to authorities. Dated: \ d' \:;. CO -hhiA^~~~ Sherry Yost, . n 11"'""'" Tmllii~""""'",>,""""'_,"_"m'4'.~"",",""" "c""'.",.l~;,.,,,,.,.....__,",, fin..". "'1M>' r -(' l r ~, [r; i ~ Ii-t '" ?--.. ~':> \ ~ "'" ...... '--I " t ~tJlI",.. _, '^"'_<I_"",~,=<r,'''', (\ 1,J ,"'~~-'~"", _~A~ ,~,_" '" .'_.,",_ ~," ,,"_~"'___',' I .-' '.Ji__LI (") c:: $: "'t;:f"l- l~J ::;;':c" iJ;;r< p"-' c: .2: =< \r Q -\:. "'~ ~ J. II '.'-, ,- 0' "'~ ""I o CI c::1 (>1 r, o -n :::1 [::;21 -,::rT1 ,::.:)0 :_) J... ':;:1::.:/ ,~,....\: -,.,1 ~('--) (J{"D );! :n -< (J'! "" -..-'1~ C5 ::n '0 P; .~......," -. " _I, ", ~ tl'"!_'~;'" 12/15/00 FRI 13:57 FAX 717 240 6573 CliMB CO PROTHONOTARY 19J00l *************************** U$ MULTI TN REPORT U$ *********~~**************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2345 [ OIl 9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR .. OFFICE OF '!liE PRar1iCNJI"ARY CUMl3ERLAND CCXJNIY <XlURTIiOOSE CX'IB COORTIiOOSe SQUARE . CARLISLE. PA. 17013-3387 (717l 240-6195 FAX (717) 240-6573 FAX ": psP LS .J . Ce(L~ (01 Iroc..:-eS5f11.j q - d... 4-0 ~ 533 I VIA TELECOPIER ill: Fl101 : CURTIS R. LONG RE: -P r A OrrJ-evs MESSAGE l 1--1\.. . ~ t"P. OF PAGES (INCLUDING CXJVER SHRET) This ~ is jntHrl;rl roly foe tte ~ of tte irdiv:idl.Bl cr entity lJ.J W1ich is is .,dh;:: i, aU nef a:ntain .infolIIBI:irn ttat is p:ivi1eJ;d. anfjcl;ntW cn:i e><aqi: fron rli'1:1rsl1n': ud=r: qrol ;"'*)).e]at. (( the n:e1ec of Uris" ~:is rot: tl-e int:artr1 re:;ipiart:, j'ClJ are ~ ratifiEd t:h9t 2fl/ d.issf:lnirBtirr>. dist:rihItim ClL o::p,tirg of; this cx:mn.nicatirn j:;; str::ictly [.tthibitl3::l. If ~ te..e rerive:;l lj\1.!.; ___,.~,_ ,~~ n'~ n...Hfv '''' i""""liAtp.lv hv teJa:hTa cn:i tet:Lirn tie onqiml ~ LO LG al ----::-~----- ~"- iI . . Sherry Yost Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 8641 Civil 2000 Bradley Barrick Defendant ITEMS: HR 12 Gauge AM385012 Remmington 30/06 D684D806 AND NOW, IhJ{ ::ot ORDER the following Order is entered: The protection from abuse order in the above-captioned case will expire on June 20, 2002, and the defendant having requested the return of the weapons/firearms held pursuant to the order, and the defendant otherwise being legally entitled to possess the weapons/firearms, IT IS ORDERED that all weapons/firearms held by the sheriff shall be returned to the defendant. By the Court, CC: R. Thomas Kline, Sheriff Cumberland County Sheriff's Office <;;~~... - ,~. < ~~~ ,~,.., ,"",-'- ~,~~, C<'"' 'I"-~"" .".,,~ r" -,'" 0;' FILED-OFFICE T: 1'- ,..t)~,.,.. ,", '''''''-ARt .,,- ;'" f ,;,,,",! '''''Ji' \ t,' -j ',," ""'j\",, I 02 JUN I 7 O!.i ? "1 III ..,J" t.. C'I'D'Lc, [..., -'I" .~( LlVl~)c:ri l~\j\) CL:uf\J I' flENNSYL'vW,JI/\ ~.. ^-~ _uy . ~, , .""IMI;'1j\'flif~~~!III~}"!,~;,~:'"'''''''i,,'W\iF~'''~?i-~~r'''~'1'\;if''Il-I-'1r&<i,~:)q~jt@~~~~;:\~1!i~rli!liliJJlil~tJ!~m,~~!