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HomeMy WebLinkAbout01-05269, SHERIFF'S RETURN - OUT OF COUNTY CAS% NO: 2001-05269 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BERKEY EMMA DOROTHY VS BERKEY RICHARD DUWAYNE JR R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BERKEY RICHARD DUWAYNE JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CLEARFIELD County, Pennsylvania, to serve the within PROTECTION FROM ABUSE On September 18th 2001 this office was in receipt of the attached return from CLEARFIELC Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 2 Dep Clearfield Co 30.69 ra nn V / V J 09/18/2001 Sworn and subscribed to before me this /g ~ day of 026/ AnnD~,~,~ ^, ~~1 (.t, /K,c~Cc~,~ z~thonotary ' ail The Court of Common Pleas of ~ County, Pennsylvania Sheriff Docket # 11493 BERKEY, EMMA DOROTHY VS. BERKEY, RICHARD DUWAYNE JR. PROTECTION FROM ABUSE 01.5269 CNIL TERM SHERIFF RETURNS NOW SEPTEMBER 10, 2001 AT 4:SS PM DST SERVED THE WITHIN PFA ON RICHARD DUWAYNE BERKEY, JR., DEFENDANT AT RESIDENE, 500 SOUTH HIGHLAND ST., DUBOIS, CLEARFIELD COUNTY, PENNSYLVANIA BY HANDING TO RICHARD DUWAYNE BERKEY JR. A TRUE AND ATTESTED COPY OF THE ORIGINAL PFA AND MADE KNOWN TO HIM THE CONTENTS THEREOF. SERVED BY: SNYDER Return Costs Cost Description 30.69 SHFF. HAWKINS PAID BY: Sworn to Before Me This y Of .A.= ,~ r. WtLhtAM p: SNAW Pcotfionotary. My. Cammisswn Expires 1st Monday m Jan. 2002 Clearfield,Ca, 6learfield, PA. So Answers, Ches r A. Haw s Sheriff Page 1 of 1 ,~. ..~._.. _ _._.. ~.._ _ .. _._. ~ _ , ICI _ ~r r I~ 'The Conrt of Coannlon Pleas of Cnanberland Connty, Pennsylvania Ehma Dorothy Berkey VS. Richard Duwayne Berkey Jr. serve same Now, 9/7 hereby deputize the Sheriff of No. Ol 5269 civil I, SHERIFF OF CIJNLT3ERLAND COtTNTY, PA, do Clearfield deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumherland County, PA Affidavit ®f Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the copy of the original COSTS SERVICE _ MILEAGE _ AFFIBAVIT County, PA ~ ~ ~; Emma D. Berkey Plaintiff v. Richard D. Berkey, Jr., Defendant IN THE COURT OF COMMON. PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :O1-5269 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY ORDER FOR CONTINUANCE AND NOW, this 27"' day of November 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on November 28, 2001, is hereby generally continued. The Temporary Protection From Abuse Order as modified pursuant to the Order of October 31, 2001, shall remain in effect for a period of eighteen months from the date the Temporary Protection From Abuse Order was entered, September 7, 2001, through March 7, 2003, or until further Order of Court, whichever comes first. Joan Carey, Attorney for Plaintiff MIDPENN LEGAL SERVICES Paul E. Cherry, Attorney for Defendant CHERRRY AND CHERRY /,~-.~-~J ~}~s fx*~ .' ~3aHS~:rr::~#p'~a3~W.1+s~f~YFi i~':i::';3?§. i ~. !c.,,-»iNw -2rve~'S]~'~6..,. ... ,_ ~ _ _ .. _ ~ ~.. ,v.........,e~a.~„Y9Yn''.i ~'rti,'n~A~ hh'r! 11 ~ ~ ~,~ x ~~l :~J, _~<i_i'~-. -~i_ _. Emma D. Berkey Plaintiff v. Richard D. Berkey, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :O1-5269 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE Plaintiff, Emma Berkey, by and through her attorney, Joan Carey, of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Continuance was issued by this Court scheduling a hearing for November 28, 2001. 2. The parties agree, by and through their respective counsel, that the hearing be generally continued. 3. Plaintiff requests that The Temporary Protection From Abuse Order as modified pursuant to the Order of October 31, 2001, remain in effect for a period of eighteen months from the date the Temporary Protection From Abuse Order was entered or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and generally continue this matter for hearing, and that The Temporary Protection From Abuse Order as modified pursuant to the Order of October 31, 2001, remain in effect for a period of eighteen ~ .... I i s months from the date the Temporary Protection From Abuse Order was entered, through March 7, 2003, or until further Order of Court, whichever comes first. Respectfully submitted, o n Carey, Attorney f laintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717)243-9400 ~..~y -;a~'RdS~k~. "~` . ilk- - :_ , . _, a+a , ~.<w~a•~':, _ ;: ~,,.:..a~.,,~w s....~.~. .. _ ...... .::.. Y~ , C7 L> O ~- "-. -rt 'c~ r ;~ ~ _ , '" %1 ;.J ~ ` O ,r' rC_ iV ~ ~~;1 a -< ~ "1 g' ca ~- Emma Dorothy Berkey Plaintiff v. Richard Duwayne Berkey Jr Defendant IN THE COURT OF :COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA No. 01-5269 CIVIL ACTION -LAW PROTECTION FROM ABUSE AND CUSTODY CONTINUED TEMPORARX ORDER AND NOW, this 16th Day of October, 2001, pursuant to 23 Pa.C.S. §6107(c), the terms and conditions of the Temporary Order issued on 7th Day of September, 2001, in the above-captioned case are hereby continued in full force and effect .This order is in effect until March 7, 2003. A hearing on this matter is scheduled for November 28, 2001, at 11:OOAM in Courtroom 3 of the Cumberland County Courthouse, One Courthouse Square, Carlisle. Distribution To: MidPennLegal Services ,wb--~~ ~A ~°'~f v 1 r. ,7 v- we__i_~ . Paxcosoc-xviaua.u w a 4vP Cnmhgrla_„_ r___:.._.~..e-°ti- ;ff di~vdnus~irvaa ~~ .~ ~I:~ ~ b lJf3 E~ _~-,,. ~.~r~~ t~.~ fcl Emma D. Berkey Plaintiff v. Richard D. Berkey, Jr., Defendant TI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5269 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY Z CONTINUANCE Plaintiff, Emma Berkey, by and through her attorney, Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Continuance was issued by this Court on September 18, 2001, scheduling a hearing for October 15, 2001, at 1:30 p.m. 2. The parties agree, by and through their respective counsel, that the hearing be rescheduled to affford them time to negotiate a Consent Agreement. 3. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered, through March 7, 2003, or until further Order of Court, whichever comes first. Respectfully submitted, u-~~ Joan Carey, Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 c ~' `~ ~: o ~ _., z~ Z r - - -, i7 ua r_ .r -.5~; ~1 _ ~n ~ _;{ ~ ~' : L.J t'rt C .. d s! ~S ~3y Emma D. Berkey Plaintiff v. Richard D. Berkey, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :O1-5269 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY ORDER FOR CONTINUANCE AND NOW, this 18`s day of September 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on September 18, 2001, by this Court's Order of September 7, 2001, is hereby rescheduled for hearing on October 15, 2001, at 1:30 p.m. in Courtroom No. 3 of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The;Temporary Protection From Abuse Order shall remain in effect for a period of eighteen months from the date it was entered, September 7, 2001, through March 7, 2003, or until further Order of Court, whichever comes first. Joan Carey, Attorney for Plaintiff MIDPENN LEGAL SERVICES Paul E. Cherry, Attorney ffor Defendant CHERRRY AND CHERRY By Cur e er, esident Judge V J f bli'Jt~~}~ 1~..AI14~~^f~~J..~ 1, /'~S/V~~(~ ~C~~~~~ fQ 7.11:`~~t~J Iy ~ i r~ Emma D. Berkey Plaintiff v. Richard D. Berkey, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :O1-5269 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE Plaintiff, Emma Berkey, by and through her attorney, Joan Carey of MidPenn Legal Services, 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 September 7, 2001, scheduling a hearing for September 18, 2001, at 1:30 p.m. 2. The Cumberland County Sheriff s Department deputized the Clearfield County Sheriff who served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence located at 500 South Highland Street, DuBois, Pennsylvania, on September 10, 2001. 3. The parties agree, by and through their respective counsel, that the hearing be rescheduled to afford them time to negotiate a Consent Agreement. 4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered, through March 7, 2003, or until further Order of Court, whichever comes first. Respectfully s mitted, i u an Carey, Attorney f Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717)243-9400 c> ~ o ~- -- - T, .n ~~~ ' r _ ~~ `' ` =~ ; ' -, '~-- ~~ n `Jr ~ ~ e •~ EMMA BERKEY, PLAINTIFF v. RICHARD BERKEY JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1`s9 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY ORDER AND NOW this w ~ day of October 30, 2001, upon consideration of the within Petition, paragraphs two(2) and three(3) of the Temporary Protection From Abuse Order dated September 7, 2001, which prohibit Defendant from having contact with Plaintiff are vacated. In all other respects the Protection Order entered September 7, 2001, remains in effect. By the Court, /~7 Ke n A. Hess, Judge Joan Carey ~ 0'~-°~ Attorney for Plaintiff ~r®_ Gj,~J R Paul Cherry Attorney for Defendant 3311'~~ _ _;f~~~4V~~.t1;7~ +V `I ~ ~.. ~ V .i.,,pU F pJ ~.~1 ryj r . i-'~I,) EMMA BERKEY, PLAINTIFF v. RICHARD BERKEY JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1`-.~ CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY PETITION FOR MODIFICATION The plaintiff, Emma Berkey, by and through her attorney, Joan Carey, of MIDPENN LEGAL SERVICES, represents the following: A Temporary Protection Order was entered on September 7, 2001, by this Court. Defendant was served with the Temporary Protection From Abuse Order on September 10, 2001, at his residence located at 500 South Highland Street, DuBois, Pennsylvania. Plaintiff desires that Defendant no longer be prohibited from having contact with her and that paragraphs two(2) and three(3) of the Temporary Protection From Abuse Order dated September 7, 2001, be vacated. 4. Plaintiff desires that all other provisions of the Protection Order dated September 7, 2001, remain in effect. WHEREFORE, the plaintiff requests that the Protection Order of September 7, 2001, be modified to reflect the above terms. Respectfully submitted, ,Q~ oan Carey Attorney for Plaintiff NIIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 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: ~ O - ~O - 020®1 ~ ~`.~ / . Emma Berkey, Plaintiff "`::m4":Fwe..~'#a4?>45$$n~~..,M",---.~4a. 'd€h#rr:;hr"!s .,aY auS. ~>di..-, i .n3 ~;t.:. a.~3 ... ,;6~~ ..F~i#pra`w'ax- ... .... M~31,- C) ca c_ -- -t ~ i,a~,, -~ ~. , ; -~~ :r _ :.~ __ c ~ _.~, ;v~' ~•.~ ~ ~ =-' ~ si - •a ~~~~ ,_ ~ _ _-~ _ is ;~ y - ._ Emma Berkey, Plaintiff vs. Richard Berkey, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-5269 CIVIL TERM PROTECTION FROM ABUSE & CUSTODY ORDER TO VACATE AND NOW, this 2 ~ `day of February, 2002, upon Plaintiff s Petition to Vacate Order and Withdraw Action: 1. This matter.is dismissed without prejudice. 2. Costs of this proceeding are waived. 3. The Temporary Protection From Abuse Order entered on September 7, 2001, is hereby vacated. By the Court, A. Hess, Judge Distribution to: Joan Carey, Attorney for Plaintiff MidPenn Legal Services ` 8 Irvine Row, Carlisle, PA 17013 ~~G' ~~``R`'`t "~- d b'-6'~' Paul Cherry, Attorney for Defendant ~`" 23 East Park Avenue Dubois, PA 15801 FAXed and mailed to PSP . C,Q, +- /h Pi~S 1 r~ Emma Berkey, Plaintiff vs. Richard Berkey, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-5269 CIVIL TERM PROTECTION FROM ABUSE & CUSTODY PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff, Emma Berkey, by and through her attorney, Joan Carey of MidPenn Legal Services, requests that the Court vacate the Temporary Protection From Abuse Order of Court, including custody, the in the above-captioned case and that the action be withdrawn on the grounds that: 1. A Petition for Protection From Abuse was filed and a Temporary Protection From Abuse Order was issued by this Court on September 7, 2001, scheduling a hearing for September 18, 2001, at 3:30 p.m. before Judge Hess. 2. A Continuance was filed on September 18, 2001, rescheduling the hearing on October 15, 2001. 3. A Continuance was filed on November 27, 2001, generally continuing the hearing. 4. The parties are in the process of reconciling their differences. 5. Plaintiff requests that the Temporary Protection From Abuse Order which includes custody, entered on September 7, 2001, be vacated and the action withdrawn without prejudice to her. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Temorary Protection From Abuse Order, entered on September 27, 2001, and that the action be withdrawn without prejudice to Plaintiff. Respectfully submitted, ,~'~ ~v an Carey, Attorney for P tiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ~~ ,_ ~~ 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.5. §4904, relating to unsworn falsification to authorities. Dated: Oo~ -C~s -~'~ [~°"G~~,l7QJ~.~.~/ Emma Berkey, Plaint' M !3 '3~s.~etm~w~~x ~ rv~Ca ~a3rat,' ' ~Mifn V ' CJ - C,_ r,.' ,` ;i r` = ~ __ %_' ' ` ,-~ _, ~ ..s, _ ~ - y (= ~ - ".' ,~ ~' 5.; u2/25/UY ffiON 10,~2,8,FAX 717 240 6573 CUffiB CO PROTHONOTARY [~ 001 **~ MULTI TN REPORT ~~~ T%/RX NO 2991 INCOMPLETE TX/RX TRANSACTION OR [ O1]9p2490779 pgp [ 03]9p2405331 Cp [ 04]92438026 LS ERROR QFFICE QF THE ptt(y1HQ[dQTARY CUMBERLANp CQUNCY CSJURTHOUSE ONE Cfl[]RTHWSE SQUARE CARLISLE, PA. 17013-3387 (7171 240-6195 FAX (717j 240-6573 V I A T E L E C O P I E R 'DD: PA STATE POLICE - Cdw'tiQril r"iIOC /S S, - N7.1':~.~ S• FAX p: 717-249-0779 FRI~t: CURTIS R. LONG RE: PFA ORDERS MESSAGE: ~~ NO. OF PAGES (INCLUDING Ct7VER SHEET) This n is inb3dr~.9 only fi~ the ts~ ~ the irdivili..a7, oC entity tr> utti[>5 is is , and aey CClltd]fi LR~I~tiC71 that ]5 I]7,Vi]~dr i~jd:31tia1 g~ fXt7i1 J[E ulcer ~ )~'• IF tip ' r~ this rt~ge is mt d~ inher~ii xeci~iettt, You aye lect'Lry rutiFied tl'et a'y eia7, distrilxatidt cx gclayiny U~ this aattnrti[~,3t;irn is strictly ~rhibiba3. If you hie r~~~ ttus aalnnniC.9.`irn in ~,~, nl~ rntiiy u; im~a]ietrly tTf l:r[, ~ cc.kxrzn ~e T ~ rte~a~ ~ ~ a' .i_ i _.aa~..`.... ...._ u~rvrv ._v _____ .,. _.~ III®®II Emma Dorothy Berkey, Plaintiff vs. Richard Duwayne Berkey, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ol- 5"02 (, q CIVIL TERM 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 THIS MATTER IS SCHEDUL DON Ttn2,G l~ ,2001,AT i 3U I~ .M., IN COURTROOM NO. ~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 ander 23 Pa.C.S. §6114. 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. 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. AIT arrangements must be made at least 72 hours prior to any hearin¢ or business before the court. You must attend the scheduled conference or hearing. ~~~~~,~ .J,~:, ~'D ~ ~ ~ . ~~~~~~ -~~ ~:~.~ ~~;f~;.~„ w:, ; ,Ja ;'/Yt Emma Dorothy Berkey Plaintiff IN THE COURT OF :COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA v. Richard Duwayne Berkey Jr ~No.oi-5'~~q 'CIVIL ACTION -LAW PROTECTION FROM ABUSE Defendant AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Richard Duwayue Berkey Jr Defendant's Date of Birth is: December 2, 1975 Defendant's Social Security Number is: 209-54-2528 Name(s) of All protected persons, including Plaintiff and minor children: 1. Emma Dorothy Berkey AND NOW, on ~ ~7 ~~ 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 children 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 current residence or any future residence Plaintiff may establish. Any place of employment Plaintiff may establish in the future. ~~. ~ 3. Except for such contact with the minor children 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 awazded temporary custody of the following minor children: 1. Kiera Lynne Berkey 2. Taylor Andrew Pearson Berkey 3. Nathan Wade Berkey Until the final hearing, all contact between Defendant and the children shall be limited to the following: Plaintiff shall have primary physical custody of the children. Defendant shall have periods of partial custody at times agreed upon by the parties. Defendant shall return the children to Plaintiff on the date of hearing for the Protection From Abuse matter or other agreed upon date, whichever shall occur first to be arranged by MidPenn Legal Services. The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 5. The following additional relief is granted: -Defendant shall not harass Plaintiff's relatives. -Defendant shall not damage or destroy any property owned jointly by the parties or solely by Plaintiff. -Defendant shall return to Plaintiff all immigration information he may have that belong to her including, but not limited to, Plaintiff s ailen number and any working papers. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Shippensburg 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 IMMEDIATELY TO DEFENDANT AND SHALL REMAIN 1N EFFECT UNTIL 'T1o~c.Y~ 3 a OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS CO T 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. §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, 18 U.S.C. §§2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall 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 maybe located. If defendant violates Paragraphs 1 through 4 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order maybe made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law 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 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BYBY TH~~~ ~~--t./ Ceeo~E r!, ~ Judge Date Distribution to: MidPenn Legal Services .cb~ ~' ~ S• ~~~--- Faxed & Mailed to PSP ~ ~~ P +- IhP~s y:oG p.~" ' Clearfield County- Sheriff PFAD Number: PN1324105F Emma Dorothy Berkey Plaintiff 1N THE COURT OF :COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA v. Richard Duwayne Berkey Jr Defendant No. o/- S.aL 9 CIVIL ACTION -LAW PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Emma Dorothy Berkey 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. Emma Dorothy Berkey 4. Plaintiffs address is confidential 5. Defendant's Name is: Richard Duwayne Berkey Jr 6. Defendant is believed to live at the following address: 500 South Highland Street ,Dubois, PA 7. Defendant's Social Security Number is: 209-54-2528 8. Defendant's Date of Birth is: December 2,1975 9. Defendant's Place of employment is: unknown 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse 12. The Plaintiff and the Defendant been involved in the following court actions: a. Support 13. Other details of the court action are: Plaintiff filed for child support and a conference is scheduled for September 24, 2001. Docket No. DRS2001 00702. 14. The defendant has not been involved in a criminal court action. 15. Plaintiff and Defendant are the parents of the following minor children: a. Kiera Lynne Berkey Age:4 months Child's address is: Confidential b. Taylor Andrew Pearson Berkey Age:4 Child's address is: 500 South Highland Street ,Dubois, PA c. Nathan Wade Berkey Age:2 Child's address is: 500 South Highland Street ,Dubois, PA 16. 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. Kiera Lynne Berkey For the past 5 years, this child has lived with: Birth until August 2001, Child resided at 112 South Queen Street Shippensburg, PA 17257 with plaintiff and defendant. August 06 until August 10th 2001 Child resided at 110 South Queen Street Shippensburg, PA 1757 with plaintiff. August 10 until present Child has resided with Plaintiff at a confidential location. b. Taylor Andrew Pearson Berkey For the past 5 years, this child has lived with: June 1997 until September 1997, 7451 Tusquittee Road Hayesville North Carolina 28904; with Plaintiff and Defendant. September 1997 until Apri11998, 310 Apt D Coolsprings Rd. Murphy North Carolina 28096 with Plaintiff and Defendant. Apri11998 until June 1998, 51 A Easton Avenue Greencastle PA 17255, with Plaintiff and Defendant. June 1998 until June 1999,117 Park Circle Chambersburg PA 17201, with Plaintiff and Defendant. June 1999 until June 2000, 509 Park Circle Chambersburg PA 17201, with Plaintiff and Defendant. June 2000 until Sept 2000,108 West Cathryn Street Chambersburg PA 17201, with Plaintiff and Defendant. Sept 2000 until December 2000, 85 Chestnut Grove Rd. Shippensburg, PA 17257, with Plaintiff and Defendant. December 2000 until January 2001, 500 South Highland Street Dubois, PA with Plaintiff and Defendant. January 2001 unti- February 2001, Homeless Shelter in Chambersburg, PA 17201 with Plaintiff and Defendant. March 2001 until August 2001,112 South Queen Street Shippensburg, PA 17257, with Plaintiff and Defendant. August 10th until present, 500 South Highland Street, Dubois, Pa, with father and paternal grandparents. c. Nathan Wade Berkey For the past 5 years, this child has lived with: Birth until Juue 1999,117 Park Circle Chambersburg PA 17201, with Plaintiff and Defendant. June 1999 until June 2000, 509 Park Circle Chambersburg PA 17201, with Plaintiff and Defendant. June 2000 until Sept 2000,108 West Cathryn Street Chambersburg PA 17201, with Plaintiff and Defendant. Sept 2000 until December 2000, 85 Chestnut Grove Rd. Shippensburg, PA 17257, with Plaintiff and Defendant. December 2000 until January 2001, 500 South Highland Street Dubois, PA with Plaintiff and Defendant. January 2001 until February 2001, Homeless Shelter in Chambersburg, PA 17201 with Plaintiff and Defendant. March 2001 until August 2001,112 South Queen Street Shippensburg, PA 17257, with Plaintiff and Defendant. August 10th until present, 500 South Highland Street, Dubois, Pa, with father and paternal grandparents. 17. The facts of the most recent incident of abuse are as follows: On or about August 5, 2001, Defendant grabbed Plaintiff by the arm when she attempted to leave the residence and pulled her back towards him. When Plaintiff freed herself, Defendant grabbed her by the throat. When neighbors heard Plaintiff scream, they called Shippensburg Police to the residence and Defendant was asked to leave for the evening. 18. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: In or about July 2001, Defendant grabbed Plaintiff, threw her against the wall, and pushed her on the chest causing her to fall backwards, hit her head against the wall, and feel disoriented for a period of time. Defendant punched Plaintiff in the face causiug bruising around her cheek and jaw. Plaintiff also suffered bruising about her body as a result of this incident. In or about June 2001, Defendant threatened to commit suicide and emptied a bottle of aspirin into his mouth, which he then spit back out. Plaintiff feared for her safety because of Defendant's instability. Since approximately 1996, Defendant has abused Plaintiff in ways including but not limited to shoving and grabbing Plaintiff. Plaintiff has suffered swelling, soreness, and bruises as a result of the abuse. 19. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Shippensburg Police Department 20. There is an immediate and present danger of fiirther abuse from the Defendant. 21. 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 children in any place where Plaintiff maybe found. b. Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: Plaintiff shall have primary physical custody of the children. Defendant shall have periods of partial custody. Defendant shall return the children to Plaintiff on the date of hearing for the Protection From Abuse matter or other agreed upon date whichever is first to be arranged by MidPenn Legal Services. c. Prohibit Defendant from having any contact with Plaintiff and/or minor children, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff s school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. 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 shall not harass Plaintiff's relatives. -Defendant shall not damage or destroy any property owned jointly by the parties or solely by Plaintiff. -Defendant shall return to Plaintiff all immigration information he may that belongs to her including, but not limited to, Plaintiffs aklen number and any working papers. -Defendant shall pay $250.00 to one of MidPenn Legal Service's funding sources as reimbursement for litigation 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. ~. FYI-' - _ ,....r Respectfully SuUmitted Uy Joan Carey, Attorney Agency: MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 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: O~OG~ ®%~'~Dl ~IYL!j?-ice ~ ~/~~. Emma Dorothy Berkey,~P' aintiff ~_~. ., ~t .... .. _ - _. ~ _ ~ km`v~asenenmz~~ ~`aSk ;.Afi. fa t:W~.s A=~YS~k~as«,t" : ° _~ - , . ~ i5~... ~ __ t~ 7: it ~"1J . _. ~~ 1 -~ I ~~' ~~~ -Zy ..rJ- = ~L ~ (~` ~ `~ ~ r. ~ ~ uaiuriul NRl 1.5:O6,FA% 717 240 6573 CUffiB CO PROTHONOTARY - ~ fIiJ001 . , " ~x~~~~m~sx~~*s*sx*:~ss~:eaa~~a*a~ . a~ixs ffiULTI TN REPORT ~~~ ~~a~~~~ixas~~:ac~aa~~:z~sa:s*a~~z T%/R% NO 2781 INCOMPLETE T%/R% TRANSACTION OK [ O179p2490779 pgp [ 0319p2405331 Cp [ 04]92438026 LS ERROR 1 OFFICE OF THE PROTHONOTARY CUM6ERLANp OOUN1'Y ODURTHCX]SE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (7171 240-6573 V I A TELECOP I E_R TO: PA STATE POLICE - 1.-Gr{/'f. IROdd SS. ' M+ P. ~'s' FAX p: 717-249-0779 ' FRCM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: ~,~ NO. 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