HomeMy WebLinkAbout95-01843
'.
STEPHANIE A. MYERS,
plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-/S''/3 CIVIL TERM
ROBERT M, MYERS,
Defendant
PROTECTION FROM ABUSE
TEMPORARY PROTECTION ORDER
AND NOW, this lot\" day of April, 1995, upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff, STEPHANIE A. MYERS, now residing at 239 Bobcat
Road, Carlisle, Cumberland County, pennsylvania, is in immediate
and present danger of abuse from the defendant, ROBERT M. MYERS,
the following Temporary Order is entered,
The defendant, ROBERT M. MYERS, SSN: 181-58-0898 and DOB:
11/28/67, now residing at an unknown location, is hereby enjoined
from physically abusing the plaintiff, STEPHANIE A. MYERS, or
placing her in fear of abuse.
The defendant is ordered to stay away from the plaintiff's
residence located at 239 Bobcat Road, Carlisle, cumberland
county, Pennsylvania, a residence which is leased solely by the
plaintiff, of which the plaintiff has exclusive possession
through a divorce action,
The defendant is ordered to refrain from having any direct
or indirect contact with the plaintiff including, but not limited
to, telephone and written communications, except for the limited
purpose of facilitating custody arrangements. The defendant
shall pick up and drop off the children at the time of custody at
the Un i-Mart in plainfield and wil~ remain in his vehicle at all
times.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives.
The defendant is enjoined from entering the plaintiff's
place of employment or the schools of the minor children,
A violation of this order may subject the defendant to: i)
arrest under 23 Pa. C.B. 56113; ii) a private criminal complaint
under 23 Pa. C.B. 56113.1; iii) a charge of indirect criminal
contempt under 23 Pa. C.B. 56114, punishablo by imprisonment up
to six months and a fine of $100.00-$1,000.00; and iv) civil
contempt under 23 Pa. C.B. 56114.1. Resumption of co-residence
on the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
This Order shall remain in effect until modified or
terminated by the Court after notice or hearing and, can be
extended beyond that time, if the Court finds that the defendant
has committed another act of abuse or has engaged in a pattern or
practice that indicates continued riSK of harm to the plaintiff,
The defendant is ordered to relinquish to the sheriff's
department the following weapons which he owns, possesses, has
used or threatened to use against the plaintiff: .22 magnum
semi-automatic rifle, 300 Remington rifle, 7600 BDL 30.6, semi-
automatic pistol, 30/30, and a .12 gauge shotgun, and the
defendant is prohibited from acquiring or possessing any other
weapons for the duration of this Order,
This Order shall remain in effect until modified or
terminated by the court after notice or hearing. A hearing shall
be held on this matter on the i1J7t day of April, 1995,
at 1: .~(l
--
f.m., in Courtroom No.~, Cumberland County
Courthouse, carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
The Cumberland County Sheriff's Department shall attempt to
make service at the 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 the defendant
by mail.
The Pennsylvania State and Middlesex Township Police
Departments will be provided with certified copies of this Order
by the plaintiff's attorney. This Order shall be enforced by any
law enforcement agency where a violation occurs by arrest for
indirect criminal contempt without warrant upon probable cause
that this Order has been violated, whether or not the violation
is committed in the presence of the police officer. In the event
that an arrest is made, under this section, the defendant shall
be taken without unnecessary delay before the court that issued
STEPHANIE A. MYERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-
CIVIL TERM
ROBERT M, MYERS,
Defendant
PROTECTION FROM ABUSE
NOT ICE
You have been sued in court. If you wish to defend against the
claims set forth in the fOllowing pages, you must take action promptly
after this Petition, Order and Notice are served, by appearing
personally or by attorney at the hearing scheduled by the Court and
presenting to the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the Court
may proceed without you, and a judgment may be entered against you by
the Court without further notice for any money claimed in the Petition
or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
FEED AND COSTS
If the case goes to hearing and the judge grants a protection
Order, a surcharge of $25.00 will be assessed against you, You may
also be required to pay attorney fees to Legal Services, Inc. for
their representation of the plaintiff,
You should ta~e this paper to your lawyer at once. 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.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
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.
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- 13~3cIVIL TERM
STEPHANIE A. MYERS,
Plaintiff
ROBERT M. MYERS,
Defendant
PROTECTION FROM ABUSE
PETITION FOR PROTECTION ORDER
RELIEF UNDER THE PROTECTION FROK ABUSE
ACT, 23 P.S. S 6101 at saq.
A. ABUSE
1. The plaintiff, STEPHANIE A. MYERS, is an adult
individual residing at 239 Bobcat Road, Carlisle, Cumberland
county, Pennsylvania 17013.
2. The defendant, ROBERT M. MYERS, SSN:181-58-0898 and
DOB: 11/28/67, is an adult individual residing at an unknown
location.
3. The defendant is the husband of the plaintiff.
4. since approximately 1987, the defendant has attempted
to cause and has intentionally, knowingly, or recklessly caused
bodily injury to the plaintiff, has placed the plaintiff in
reasonable fear of imminent serious bodily injury, and has
knowingly engaged in a course of conduct or repeatedly committed
acts toward the plaintiff which have placed the plaintiff in
reasonable fear of bodily injury. This has included, but is not
limited to, the following specific instances of abuse:
a. On or about April 2, 1995, while at the
plaintiff's residence to return the child from a visit,
the defendant came up behind the plaintiff and pushed
the plaintiff through the door, causing her to trip and
hit her shoulders against the door and wall. The
defendant then grabbed the plaintiff by the arms and
slammed the plaintiff repeatedly against a wall,
causing external and internal bruising about the
plaintiff's back. When a friend of the plaintiff
entered the room, the defendant left the plaintiff's
residence. The plaintiff telephoned the police who
charged the defendant with harassment, The plaintiff
received medical treatment from her family doctor and
is currently on medication for back pain. Later that
evening, the defendant returned to the plaintiff's
residence and banged on the door, leaving only when the
landlord came down,
b. In or around November 1994, the defendant grabbed
the plaintiff by the throat and threw her to the floor.
The plaintiff suffered soreness about her neck.
c. On two occassions in or around October and November
1994, the defendant attempted to sexually assault the
plaintiff by pinning her on the bed and forcing himself
on her. On one occasion, the defendant stopped only
when their son walked in/and on the other occassion,
the plaintiff was able to fight off the defendant.
d. In or around October 1994, the defendant held a
shotgun to his head and threatened the plaintiff
saying, "It's you or me".
e. since october 1994, the defendant abused the
plaintiff in ways inClUding, but not limited to the
following: shoving, throwing, pulling hair, slapping,
and attempted to sexually assault the plaintiff. The
plaintiff left the defendant in December 1994, and the
defendant purchased several weapons and brings them
along when hecomes to pick up the children, causing the
plaintiff to fear for her safety.
6. The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant, and
that she is in need of protection from such abuse.
7, The plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with the plaintiff
inclUding, but not limited to, telephone and written
communications, except for the limited purpose of facilitating
custody arrangements. The defendant shall pick up and drop off
the children at the time of custody at the Uni-Mart in Plainfield
and will remain in his vehicle at all times.
B. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives,
9. The plaintiff desires that the defendant be restrained
from entering her place of employment or school of the minor
children,
10. The plaintiff desires that any weapons the defendant
owns, possesses, and has used or threatened to use against the
plaintiff be confiscated by the Sheriff's Department.
B. ATTORNEY FEES
11. The plaintiff asks that the defendant be ordered to pay
reasonable attorney fees to Legal Services, Inc,
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 P.S. S 6101 et ~., as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the "Protection
from Abuse Act:"
1. Ordering the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse;
2. Ordering the defendant to refrain from having any
direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications, except for the limited purpose of
facilitating custody arrangements. The defendant shall
pick up and drop off the children at the time of
custody at the Un i-Mart in Plainfield and will remain
in his vehicle at all times;
3. Ordering the defendant to refrain from harassing
and stalking the plaintiff and from harassing the
plaintiff's relatives;
4. Prohibiting the defendant from entering the
plaintiff's place of employment or the schools of
the minor children;
5, Ordering the defendant to stay away from the
plaintiff's residence located at 239 Bobcat Road,
Carlisle, cumberland county, Pennsylvania;
6, ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself;
7. Ordering the defendant to relinquish to the
sheriff's department the following weapons which he
owns, possesses or has used or threatened to use
against the plaintiff: .22 magnum semi-automatic
rifle, 300 Remington rifle, 7600 BDL 30,6, semi-
automatic pistol, 30/30, and a ,12 gauge shotgun, and
prohibiting the defendant from acquiring or possessing
any other weapons for the duration of the order.
B. Schedule a hearing in accordance with the
provisions of the "Protection from Abuse Act," and, after
such hearing, enter an order to be in effect for a period of
one year:
1. Ordering the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse.
2. Ordering the defendant to refrain from having any
direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications, except to facilitate custody
arrangements. The defendant shall pick up and drop off
the children at the time of custody at the Un i-Mart in
Plainfield and will remain in his vehicle at all times.
3. ordering the defendant to refrain from harassing
and stalking the plaintiff and from harassing the
plaintiff's relatives.
4. prohibiting the defendant from entering the
plaintiff's place of employment or schools of the minor
children,
5. ordering the defendant to stay away from the
plaintiff's residence located at 239 Bobcat Road,
Carlisle, Cumberland County, Pennsylvania,
6. Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself,
7. Ordering the defendant to relinquish to the
sheriff's department the following weapons which he
owns, possesses or has used or threatened to use
against the plaintiff: .22 magnum semi-automatic rifle,
300 Remington rifle, 7600 BDL 30.6, semi-automatic
pistol, 30/30, and a .12 gauge shotgun, and prohibiting
the defendant from acquiring or possessing any other
weapons for the duration of the Order,
8. Ordering the defendant to pay reasonable attorney
fees to Legal Services, Inc,
The plaintiff further asks that this Petition be filed and
served without pre-payment of fees by the plaintiff, and that
certified copies of this Petition and Order be delivered to the
.
"
Pennsylvania state and Middlesex Township police who have
jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
L!l../t---H.../ ?J. Gr./{- /-
( can carey, Attor _ for plaintiff
'LEGAL SERVICES, I C.
B Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named plaintiff, STEPHANIE A. MYERS, verifies that
the statements made in the above Petition are true and correct,
plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa. C.S, 54904, relating to
unsworn falsification to authorities.
Date: 4-7,9S
STEPHANIE A. MYERS,
Plaintiff
v,
,
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1843 CIVIL TERM
PROTECTION FROM ABUSE
.
.
ROBERT M. MYERS,
Defendant
ORDER FOR CONTINUANCE
AND NOW, this ~ day of April, 199j(, upon consideration
of the attached Motion for Continuance, the hearing scheduled for
April 19, 1995, at 3:30 p,m. in Courtroom No. 5, is continued
until i)1Il<! - S , 1995, at ,r: /1:'- Q,... m.
The Temporary Protection Order will remain in effect for a
period of one year or until a final Order is entered in this
case.
This Order and Motion shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service along with
the original Complaint. The Prothonotary shall not send a coy of
this Order and Motion to Defendant by mail.
,
A copy of this Order for continuance will be provided to the
Pennsylvania State and Middlesex Township Police Departments by
the attorneys for the plaintiff,
By the Court,
.
J,
M'il 20 9 13 ,'111'95
';,'r
~
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-1843 CIVIL TERM
STEPHANIE A. MYERS,
plaintiff
ROBERT M. MYERS,
Defendant
PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The plaintiff moves this Court for an Order continuing the
hearing of this case until further Order of Court on the grounds
that:
1. A Temporary Protection Order was issued by this Court on
the 10th day of April, 1995, scheduling a hearing for the 19th
day of April, 1995, at 3:30 p.m,
2, The Cumberland county Sheriff's Department deputized
Allegheny County Sheriffs to make service on the defendant.
3. The Allegheny Sheriff's Department has not been able to
effect service.
4. The plaintiff requests that a continuance be entered and
that the Temporary Protection Order remain in effect for one year
or until a final order is entered in this case.
5. A copy of the Order for continuance will be delivered to
the Pennsylvania State and Middlesex Township Police Departments
by attorneys for the plaintiff.
WHEREFORE, the plaintiff moves this Court to grant the
Order of Court.
~"J/ ~CJ-....<-///'
;:r an Carey
, ttorney for Plain iff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle PA 17013
(717) 243-9400
i:
I
I'.
plaintiff's Motion and to continue this matter pending further
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. ALLEGHENY COUNT!{ SHERIFF'S DEPART1NT
~OOM 111 . COURTHOUSE
~ PITTSBURGH, PA 1521~(' I!Y\ iL.
. \ \..J' Phono:?, 30, 0 ::P .'/
"0LAINTIFF s-rePA ~ Pr fYL;llo/$ ~.,'
"Fe. etw~ (VI rn~ 't/lIJ \ IMMo,m,' '"'''
J 0 COMPLAINT ONLY
ADD, DEFT, . 0 NOTICE AND COMPLAINT
'"0. 0' . ~ [) $i; 0 "",^U,"'"
GAR EE ' 0 INTERROGATORIES
~'- -~ lri l ,. I (,J ill pN 1M III 0 ,,'CUTON . "" plJc
' -( IV .' v t(cARNISHEE 1'-(::"
MUNICIPALITY WARflTY WARD .,.." , 1/;. OTHER
DATE:~ 19
PHON: '
INDICATE lYPE OF SERVICE, 0 PERSONAL 0 PERSON IN
3~
,
EUGENE L.COON
Sherll!
.
.
JOHN M, McNAMARA
Chle' Oepuly
RGE 0 DEPUTIZE 0 CERT, MAIL 0 POSTED 0 OTHER 0 LEV'( 0 SEIZED & STORE
1D_ I, SHERIFF OF ALLEGHENY COUNTY, PA do hereby depuUze IhO Sheri II 01
County 10 o.OCUIO Ihl. Wrll and mako falurn therool accordlnD 10 law,
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.D. WAIVER OF WATCHMAN. Any depulV ah,rltI levying upon or alllChlng Iny propelty under wilhln wril may
Ie....... 11m. wllhout . walchman,ln custody 01 whomlVlr I, 'ound In po.unlon, ,hlr notifying pltlon 01 IllV)' or .nachmenl. wilh oul IIblllty on Ih, part 01 auch deputy
herein lor any 10.., destruction or ,emC7Jel of Iny aue" property before Iherill'. ,,10 thereof.
Now,
Solzo, lo~y, advortlso and sol! 011 tho personal proporly ollha derondanl on the prom laos localed al:
MAKE
MODEL
MOTOR NUMBER
SERIAL NUMBER
LICENSE NUMBER
SHERIFF'S OFFICE USE ONLY
, hereby CERTIFY end RETURN Ihel on Ihe .}~ dey 0'
-----rrv- o'clock, A....V Addr,," Above/Addr"s Below. County or Allegheny, Pennlylvanla
I hllV~rved In the mlnr'lor Described bebw'
.6 Delend.nt(.) porsonally IIrved.
o Adult family member wllh whom ,aid Delendant(.) feslde(s), Nam. & nelationship
o "dull In charge of Oelendant', retidence who refuled 10 give name or relationship.
o Manager/Clerk of place 01 lodging In which Delandanl(l) reslde(s).
o Agent or porson In charge or Dolandanl(s) oliCI Dr ulual place 01 bUII"n,.
o Olher
D Property POlled
Oelend.nt not found bOCluse; 0 Moved
o Certified Mall 0 Receipt
o Aeguler MliI Why:
l~el
o UnknCMn 0 No Anrwer
o Envelope "elurned
o Vacant
o Other
o Neither Receipt Of envelope returned: writ ,_plred
You are hereby notified thaI 011
Sale has been sel~~l ,
-Add. eo~1 duo::> I ( ......-
ATTEMPTS
,19_, levy was made In the case 01
, 19_. 01 _ o'clock,
~
MAY 0 91995
Nott..!ilISuJ
SlVlila R. OtYi.n, Nolo1ry f'uljc
P1IIlJ"'l)Il. ~""1''''"'' Ccuoty
MyComn;s.oon H'pr..Jllnel'l,19'JIl
,'U1nsytvat'ia"
Oopuly
crill
Yellow. Sheri II
Pink Copy. Allomoy
..\ ~(q Sl~k cttt-ClQ..t'-uJ t?0t29J.nl
Euai~~rhiCOON . ALLl:GHENY COUNTV'SHE .
ROOM 111.C THOUSE
PITTSBURGH, PA 16219
\ \ ~INTIFFS (V2 ~ it Ol~ i./Ei: 360,4700
\V VS,
DEFT,
ADD, DEFT,
ADD.
G ISHEE
ADORES
MUNICIPALITY WARD/CITY WARD
DATE:~~
PHONE.
JOHN M. McNAMARA
Chief Deputy
"""C1$" - I?,B '$
EXPIRES~fif!IPt '~!
o SUMMONS/PRAECIPE
o COMPLAINT ONLY , iL
~ 0 NOTICE AND COMPLAINT tJ.
o REVIVAUSCI FA 'J
DINTERROGATo~ra
o EXECUTION. L V
.fJ GARNISHEE ' I
ltOTHER-
~D. MhPLi.~
INDICATE lYPE OF SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT, MAIL 0 POSTED 0 OTHER 0 LEVY 0 SEIZED & STORE
19_ I, SHERIFF OF ALLEGHENY COUNlY, PA do horoby dopullzo tho Shortll of
Counly 10 oxoculo this Wrll ond mako rolurn Ihorool accordln9 to low,
NOTEt ONLY APPLICADLE ON WRIT OF EXECUTIONI N.D. WAIVER OF WATCHMAN. Any deputy .hen" fevy1ng upon or all aching 8n)' properly undor wilhin writ may
losvI lima wllhout. walchman,ln cUltody 01 whom.....' I. found In pOllnalon, a"e, notlfylng perton elllY)' 01 IlllChment, with out IiIblUty on the par1 01 .uch deputy
horeln for any 10.., destruction or romovel 01 any luch plopen)' befoll aherUr. I.'" thereor.
Now,
Seize, levy, advertise end sell ell the personel properly of the defendant on the premises located at:
MAKE
MODEL
MOTOR NUMBER
SHERIFF'S OFFICE USE ONLY
I hereby CERTIFY and RETURN thai on tho
SERIAL NUMBER
LICENSE NUMBER
dlY 01
o'clock, A.MJP.M. Addtes, Above/Add".. Below, County or Allegheny, Ponnlylvanla
19_at
I hlVa served In Iha manner DelCribed bobw:
o Defendanl'l) pOflonlll1y served.
o Aduh lemily member with whom IBId Derendanl(l) rOlldl(I). Name a. nelalionstip
o Aduh In chatge of Delandlnt', relldence who relused to give nama or ,elaUonshlp.
o Manager/Clerk 01 place of lodging In which Def.ndantll) ,nld'(I).
o Agent or person In charge 01 Defendant(l) onc. or Ulual place Dr buslno...
o Other
o propmy Posled
DoI.ndlnl nol found becaUle: 0 Moved
o Certined Mall 0 Rocelpt
o R.gular Mall Why.
o Unknown 0 No Answer
o Et1\Ielopa nelu:ncd
o Vacanl
,19_0 levy was made In Ihe case of
, 19_0 al _ o'clock,
You are hereby nolllled that on
Sale has been set fWvl-A
KcId, COSI aue $.:=LUL./'
ATTEMPTS
1-
Whllo Copy' Shorlll
Vollow . Shorill
EUGENE L. COON, Sheri"
DepulY
Cltrlcl
Pink Copy. Allornoy
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Stephanie A, Myers
'15.
Robert M. Myers
::-roo
95-1843 Ci}:.iJ Tenn
:~-
;';ow, April 1 J. 1995
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No. ~5-18A~____ Term. 19
~teQhanie A. MY.er~, Plaintiff
VS,
B~~~rt M. Myers, Defendant
PRAECIPE
Filed
19
__--"9!!n CarEU'
. Atty,
LI;!2AJ. SER'i.LC!;'li.. INC.
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