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HomeMy WebLinkAbout99-03245 d h N MELISSA SUE BARRICK, Plaintiff for herself and on behalf of her minor child, KYLIE MARIE BARRICK, vs. FLOYD EUGENE BARRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.99- 3A5 CIVILTERM PROTECTION FROM ABUSE YOU HAVE BEEN SUED IN COURT. Ifyou 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 : 061 day of June, 1999, at %J > > rn No.1 of the Cumberiand 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 under 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. 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. MELISSA SUE BARRICK, Plaintiff for herselfand on behalf of her minor child, KYLIE MARIE BARRICK, vs. FLOYD EUGENE BARRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.99--,3)LA CIVIL TERM PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: FLOYD EUGENE BARRICK Defendant's Date of Birth: 08/23/73 Defendant's Social Security Number: 171-60-7520 Names ofProtected Persons: MELISSA SUE BARRICK, Plaintiff, and herminorchild, KYLIE MARIE BARRICK -t L IM z.? AND NOW, this Z, day ofJuvi-, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: I . Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ® 2. Defendant is excluded from Plaintiffs residence which is undisclosed for her protection, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. ® 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but Pot limited, to any contact at PWntifrs residence, place of employment, and/or the day care facility of her minor child. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: 0 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. 0 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: 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 of Plaintiff in accordance with the terms ofthis Order. ® 6. Defendant shall immediately relinquish the Office following weapons to the Sheriffs -Deffe e a ndant designated local law enforcement agency for the delivery to the Sheriffs Office: is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ® 7. 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. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff and/or the child in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff and/or child except by further Order of Court. This Order shall remain in effect until modified or terminated by the Court and ran 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 ofhazm to Plaintiff and/or her minor child. Defendant is required to relinquish to the sheriffany firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration ofthe 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 (where Defendant resides) and the sheriff of Cumberland County. © 8• A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department and Pennsylvania State Police. ® 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER. 13 ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDERAPPLIES IMMEDIATELY TO DEFENDANTAND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURTAFTER NOTICE AND HEARING. NOTICE TO 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. Any protection order granted by a court maybe considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 of this Order, defendant may be arrested on the charge of Indirect 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 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 weapon/s are evidence ofa crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, sJ Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff „ .,? .?? ?.x.?n or???hnnc?.u1 1.:, L .S . MELISSA SUE BARRICK, Plaintiff for herself and on behalf of her minor child, KYLIE MARIE BARRICK, vs. FLOYD EUGENE BARRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 3 4 r CIVIL TERM PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE Plaintiff is Melissa Sue Barrick. 2. Plaintiff files this action for herself and on behalf of her minor child, Kylie Marie Barrick. 3. The name of the persons who seek protection from abuse are Melissa Sue Barrick and Kylie Marie Barrick, 16 months old. 4. Plaintiffs address is undisclosed for her protection and that of her minor child. 5. Defendant is currently residing at 22B Spring Garden Street, Carlisle, Cumberland County, Pennsylvania 17013. Defendant's Social Security Number is 171-60-7520. Defendant's date of birth is 08/20/73. Defendant is unemployed to the best of Plaintiff's knowledge, 6. Defendant is Plaintiffs brother. 7. Defendant has been involved in the following criminal court action: Defendant pled guilty and was convicted of aggravated indecent assault (92 CR 1419 Cumberland County), sentenced to not less than 10 days nor more than 23 months in Cumberland County Prison, and served 10 days as a result of an incident involving Plaintiff. Defendant remained on probation from 1992 through January 5, 1999. 8. The facts of the most recent incident of abuse are as follows: Approximate Date: On or about May 21, 1999 Place: Plaintiff's place of employment. On or about May 21, 1999, Defendant telephoned Plaintiff at her place of employment demanding to know where she was living and when she refused to tell him, he told her that he was living close to where she works causing Plaintiff to fear for her safety. 9. Defendant has committed the following prior acts of abuse against Plaintiff and/or the minor child: a) In or about early May 1999, Defendant telephoned Plaintiff at her place of employment demanding to know where she was living causing Plaintiff to fear that he would find where she was living and try to harm her and/or her minor child. b) In or about late March/early April 1999, Defendant came to their mother's home while Plaintiff and her child were visiting. As soon as their mother took the baby upstairs to put her to bed, Defendant walked over to where Plaintiff lay on the couch, shoved his hand under the blanket she had covering herself, began fondling her, and despite her kicking his hand away, he continued to try to grope her until she ran upstairs with her mother. c) In or about early March 1999, Defendant, went to their father's home where Plaintiff lived, and unannounced and uninvited, entered the bedroom that she shared with her 1-year-old daughter, who was asleep in her crib. When Plaintiff asked Defendant what he was doing there, he did not answer her, causing her to fear for her safety, and as she tried to leave the room, he pushed the bedroom door shut and shoved her. PWntiff tried to get to the door a second time, but Defendant shoved her with such force that she fell to the floor, and as she tried to get up, he pinned her to the floor, covered her mouth with his hand to keep her from crying out, and raped her. Defendant then went to the baby's crib, took the baby out of the crib, laid her on the bed, and began removing the child's diaper until Plaintiff stopped him. Plaintiff reported the incident to authorities. d) In the past twelve months, since approximately May 1998, Defendant has sexually assaulted Plaintiff at least 5 times. C) In or about 1992, after telling her mother repeatedly that Defendant was sexually assaulting her and having her pleas for intervention ignored, Plaintiff, who was 1 I years old at the time, confided in a school mate and Cumberland County Children and Youth Services was contacted. Police arrested Defendant, who was 18 at that time, charged him with aggravated sexual assault to which he pled guilty, was convicted, served 10 days of a maximum 23 month conviction, and was placed on supervised probation through January 5, 1999. Defendant violated his probation several times. After being released from prison, Defendant was allowed to return to his parents' home to live even though Plaintiff was still living there. Defendant resumed his sexual assaults on Plaintiff within a few months after returning to the family home and continued to rape her until she left her father's home in April 1999. 0 Since approximately 1986, when Plaintiff was 6 years old, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, punching, and sexually assaulting her on a monthly basis. 10. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Carlisle Police Department and Pennsylvania State Police. 11. There is an immediate and present danger of further abuse from Defendant. WHEREFORE, PLAINTIFF REQUESTS 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 in any place where Plaintiff may be found. B. Exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff and/or her minor child, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiffs place of employment or at her minor child's day care facility. 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 Defendant to reimburse Cumberland County, a Legal Services funding source, $250.00 for the value of the legal services provided to Plaintiff for the cost of litigating this case if the case goes to hearing. G. Order the following additional relief, not listed above: 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. H. Grant such other relief as the court deems appropriate I. Order the police or other law enforcement agency to serve 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 Defendant's residence, where Defendant can be served. Respectfully submitted, Date: z, Ai 7 iah Carey, Attorney Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 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 unworn falsification to authorities. Dated: 4 Melissa Sue Barrick, Plaintiff a J• ? MELISSA SUE BARRICK, Plaintiff for herself and on behalf of her minor child, KYLIE MARIE BARRICK, vs. FLOYD EUGENE BARRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3245 CIVIL TERM PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: FLOYD EUGENE BARRICK Defendant's Date of Birth: 08/23/73 Defendant's Social Security Number: 171-60-7526 Names of Protected Persons: MELISSA SUE BARRICK, Plaintiff, and her minor child, KYLIE MARIE BARRICK. AND NOW, this ? day of June, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff Melissa Sue Barrick, is represented by Joan Carey of Legal Services, Inc.; Defendant, Floyd Eugene Barrick, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms ofthis Order, does not admit the allegations made in the Petition. Plaintiffs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintiffs request for a Final Protection Order is denied ID 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. D 2. Defendant is completely excluded from Plaintiffs current residence which is undisclosed or any other residence where Plaintiff may live. Defendant shall have no right or privilege to enter or be present on the premises. ? On _ at _.m., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ID I Defendant is prohibited from having ANY CONTACT with the Plaintiff and/or her minor child at any location, including, but not limited to, any contact at the Plaintiffs place ofemployment and/or the day care facility of the minor child. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's place of employment: Lightstyles LTD, 1261 Claremont Road, Carlisle, Cumberland County, Pennsylvania Day care facility of minor child: Undisclosed location. ® 4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. ? S. Custody of the minor children, shall be as follows: (or see attached Custody Order) ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child: any and all weapons. ? 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. ® 8. The following additional relief is granted as authorized by §6108 of this Act: A) Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff and/oraddress, telephone number, or any other demographic information about Plaintiff and/or her minor child except by further Order of Court. B) This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date ifthe Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of Itttm to Plaintiff and/or her minor child. C) Defendabi is required to relinquish to the sheriff any firearm license the 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 Carlisle, where the defendant resides, and the sheriff of Cumberland County. ? 9. Defendant is directed to pay temporary support for _ as follows: _ This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay $_ to Plaintiffas compensation for Plaintiff s out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR ? I . The Plaintiff or protected person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. ? 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected persons. ? 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected persons OR ? The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. ® 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER. ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire one year from the date this Order is entered. 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. §6114. 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 ACTION, IS U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. IS U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROLACTION, I8 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to an 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 abuses The Cumberland County Sheriff's Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the aproriate authori or author before Defendant is to be arraigned. A "Comply nt for Indirect Criminal Con emptts" shall then be ?` completed and signed by the police officer OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, 4_ IW, Kevin A. Hess, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: !Q uao' `' ti. Melissa Sue Barrick, Plaintiff 4-l-; Carey, Attorney f laintiff e Floyd Eugene Barrick, Defendant ?.5 64sT- K4.4/&) 57' L-/o hAV10 13A4tkIC LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 F EJ3, w? w U? C)Q O at U SHERIFF'S RETURN - REGULAR CASE NO: 1999-03245 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARRICK MELISSA SUE ET AL vs. BARRICK FLOYD EUGENE WESLEY COOK _ , 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 FLOYD EUGENE the defendant, at 13:39 HOURS, on the 1st day of June 1999 at 22 B SPRING GARDEN ST CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to FLOYD E. BARRICK a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE and at the same time directing His attention to the contents thereof. * Deft. Stated that he had no weapons * Sheriff's Costs: So anstiiersi Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 8.00 R as ine? S eh rim -06/02/1999 by / - U yy Sworn and subscribed to before me this o2- day of Lta. 19t?q A.D. rocnonovar