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Home My WebLink About95-05147 arrant under 23 Pa. C.S. 66113; JJ) a prJvata crJmlnal complaint under 23 Pa. C.S. 66113.1; Iii) a charge of Indirect criminal contempt under 23 PRo C.S. 66114, punlnhable by imprisonment up to six months and a fino of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. 66114.1. Resumption of co-renidence on the part of the plaintiff and defendant Hhall not nullify the provisions of the court order. This Order Rhall remaJn In effect until modified or terminated by the Court and can be exten~ed beyond its original expiration date If the Court fJnds that the defendant has committed another Rct of abuse or has engaged in a pattern or practice that IndicateR continued risk of harm to the plaintiff. Temporary custody of Kyle p, Guyer is hereby awarded to the plaintiff, Vickie K. Guyer. . ,l... S day of A hearing shall be held on this matter on the October, 1995, at II :n 1.} .m" in Courtroom No ,...2-, Cumberland County CourthouRe. Carlisle, Pennsylvania, The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberlnnd County Sheriff's Department shall attempt to make service at the plaintiff's requeRt and without pre-payment of feeR, but service may be accomplished under any applicable I,tll e 0 f C I v II Procedlll'e, This Order shnll be docketed In the office of the Prothonotnry and forwurded 1.0 the Sheriff for service, The Prothonotary 8hull not Hcnd a copy of this Order to the defendant Vickie K, Guyer, PlainU ff and on behalf of her minor child: Kyle P. Guyer IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYI,VANIA NO, 95- CIVIL TERM vs, Defendant PROTECTION FROM ABUSE AND CUSTODY Dav id I., Guyer NOTTCE You have been sued In court, If you wiRh to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are Rerved, by appearing personally or by attorney at the hearing Rcheduled by the Court and presenting to the Court your defenRes or ohjections to the claims set forth against you, You are warned that if you fail to do so the Court may proceed withollt you, and a judgment may be ent~red 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. FEF.S AND COSTS If the caRe 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 Hhould take thiH paper to your lawyer at once. have ~ lawyer or cannot afford one, go to or telephone forth below to find out where you can get legal help. If you do not the office sot COURT ADMINISTRATOR, 4th FLOOR CUMBERI,AND COUNTY COURTHOUSE CARLISI,E, PENNSYl,VANIA 17013 TEI,EPHONE NUMBER: (717) 240-6200 t\MF.RTCANS WT'fll DTSABn.TTTES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with DlsahllitieR Act of 1990. For information about accessible facilities and reasonable accommodations availnble to disnbled Individuals having business before the court, plense contnct our office, All nrrnngements must be made at lonst. 72 hours prior to nny hen,'lnll or bu,ilnesH before the court.. You must nttend the scheduled conference or hearing. IN TilE COURT OF COMMON Pl,EAS OF CUMBERLAND COUNTY. PENNSYLVANIA Vickie K. Guyer, Plaintiff and on behalf of her minor child: Kyle p, Guyer NO. 95- CIVll, TERM vs, PROTECTION FROM ABUSE AND CUSTODY David L, Guyer Defendant PETITION FOR PROT~CTrON ORllEll AND CUSTODY REI,IEF UNDER TilE PROTECTION FROM ABUSE ACT, 23 Pa. C.S. 9 6101 et seq. A. ABU SF. 1. The plaintiff, Vickie K. Guyer, is an adult individual residing at 438 W. Main Street, Walnut Bottom, Cumberland County, Pennsylvania 17266, 2. The defendant, David L. Guyer, (SSN: 194-52-0990) (Date of Birth: 3/16/59), is an adult individual residing at 9846 McCreay Road. Shippensburg, Pennsylvania 17257, 3, The defendant is the husband of the plaintiff, 4. Since approximately 1992, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, physically abused the minor child. Kyle P. nuyer, placed the plaintiff in reasonable fear of imminent serious bodily injury, and knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff, including following the plaintiff, under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has Included, bul. Is nol. limited 1.0, I.he following specific 1 inst.ancea of abulle: a, On or about. Sept.ember 20, 1995, Lhe defendant told t.he part.ies' four Yl"l\r old child to "blt.e, hIt, and hurt. mommy" while the child was slt.t.ing on his mother's lap. When the child did not respond to the defendant's commands, t.he defendant came over La the plaintiff, forcefully squeezed her lower arms, causIng bruises, and grabbed the chIld, Kyle, from her. The defendant sat down on the couch with Kyle, forcefully put his arm around his neck causing marks, loudly whispered in the chIld's ear to call his mommy vile names, and then he repeatedly poked him on the back causing marks, The plaintiff told their thirteen year old son to call the police, because she feared for her safety and the safet.y of her child, Kyle, but t.he child refused to call the police. The defendant and the thirteen-year- old child then left. t.he residence. The plaIntiff called 9]1, the PennsylvanIa St.ate Police responded, and they are filing criminal charges against t.he de fendnn t , b, Tn or about. the week of March 20, ]995, t.he defendant. lunged toward the plaintiff with his body, cauRing her t.o 101le her balance nnd fall ont.o n bed, The defendant got on top of her preventing her from eseaping untIl she ser'PlIl1Ipd that he was hurLing her and 2 struggled to get free. When the plaintiff tried to get up off of the bed, the defendant pushed her back onto the bed where he again got on top of her and restrained her. c. In or about August 1992, the defendant repsatedly hit the plaintiff on the back and choked her, 5, The plaintiff believes and therefore avers that she and the minor child, Kyle p, Guyer, are in immediate and present danger of abuse from the defendant and that they are in need of protection from such abuse. 6. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, 7. The plaintiff desires that the defendant be restrained from entering her place of employment and day care facility of the minor child, Kyle p, Guyer. 8. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned Jointly by the parties or owned solely by the plaintiff, B. SUPPORT 9. The defendant has a duty to support the plaintiff and the minor children, 10. The plaintiff is in need of finnncial support from the defendant, 11, The defendant is employed at Guyer Dental Ceramics as a 3 Dental Technician, and has a weekly gross salary of $900.00 plus bonuses, 12. The plaintiff's income is insufficient to provide for her needs and those of the children until such time as a Rupport order can be obtained by filing at the Domestic Relations Office. 13. The plaintiff intends to petition for support within two weeks of the issuance of a protective order, c. ATTORNEY FEES 14, The plaintiff aRks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. D. TEMPORARY CUSTODY 15. The plaintiff seeks temporary custody of the following children: ~ Present Residence AIm Kyle P. Guyer 438 W. Main Street Walnut Bottom, PA 4 yrs, old DOB 12/18/90 Merle M, Guyer, IT 9846 McCreay Rd, Shippensburg, PA 13 yrs, old DOB 2/18/82 The children were not born out of wedlock, The child, Kyle p, Guyer, is presently in the custody of the plaintiff, Vickie K. Guyer, who is residing at 438 W. Main Street, Walnut Bottom, Pennsylvania. The child, Merle M. Guyer, II, Is presently in the custody of the defendant, David L, Guyer, who is residing at 9846 McCreay Road, Shlppensburg, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: 4 li1\n Addresses Dates Plainti ff, defendant, SME 6/90 to and Merle M. Guyer Shippensburg, PA 12/90 Plaintiff, defendant, 438 W, Main St, 12/90 to Merle M. and Kyle Guyer Walnut Bot.tom, PA 9/19/95 Plaintiff and Kyle Guyer 438 W. Main St.. 9/19/95 to Walnut. Bottom, PA present Defendant and Merle M. 9846 McCreay Rd. 9/19/95 to Guyer Shippensburg, PA present The plaintiff, the mother of the children, Vickie A. Guyer, is residing at 438 W, Main Street, Walnut Bottom, Pennsylvania. She is married, The plaintiff currently resides with the following persons: Name Relationshin Kyle P. Guyer Son The defendant, the father of the children, David L. Guyer, is currently residing at 9846 McCreay Road, Shippensburg, Pennsylvania. He is married. The defendant currently resides with the following persons: ~ Relationshin Merle M. Guyer, II Lillian Franklin Son Mother 16, The plaintiff has nol previously participated in any litigation concerning custody of the above mentioned children in this or any other Court, 17, The plaintiff has no knowledge of any custody 5 proceedings concerning these children pending before a court in this or any other Jurisdiction, 18. The plaintiff does not know of any person not a party to this act.ion who has physical cllstody of t.he children or claims to have custody or vlsit.ation rights with respect t.o the chIldren. 19. The best Interests and permanent welfare of the minor chIldren will be met If custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a, The plaintiff is a responsible parent who can best take care of the minor children and has provided for the emotional and physical needs of the children since their births. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor children, c, The defendant's behavior has adversely affected the children, WHEREFORE. pursuant. to the provisions of the "Protection from Abuse Act" of Octoher 7, i976, 23 Pa C,S, ~ 6101 clllJill', as amended, the plaintiff prays t.his Honorable Court to grant. the following relief: A, Grant a Temporary Order pursuant. to the 6 "Protection from AbuBo Act:" 1. Ordering the defendant to refrain from abuaing the plaintiff and the minor child, Kyle P. Guyer, or placing them in fear of abuse. 2, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relativea, 3, Prohibiting the defendant from entering the plaintiff's place of employment and the day care facility of the minor child, Kyle p, Guyer. 4. Prohibiting the defendant from removing, damaging, destroying or selling property Jointly owned by the parties or owned solely by the plaintiff, 5, Granting temporary custody of the minor child, Kyle Guyer, to the plaintiff. 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 and the minor child, Kyle p, Guyer, or placing them in fear of abuse, 2, Ordering the defendant to refrain from 7 harassing and stalking the plaintiff and from harassing the plaintiff's relatives, 3, Prohlhl t.lng 1.1", defenelllnl. from ent.el'ing the plaintiff's place of employment. anel the e1ay care fllclllt.y of Lhe minor child, Kyle p, Guyer, 4, Prohibiting the defondllnL from removing, damaging, destroying or selling property Jointly owned hy the I'art.les or owned sololy by the plnlnLl ff, 5, Granting support to the plaintiff and the minor children In an appropriate amount according to the support guidelines payable to the plaintiff in the form of a check or money order, mailed to her residence, 6. Granting t.emporary custody of the minor children to the plaintiff. 7. Ordering the defendant to pUY reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without payment of fees und costs by the plaintiff, pending a further ol'd"r at the heuring, and that cert.lfled copies of this Petition and Order be delivered to the Pennsylvania State poUce IInd New cumberland Pollee nepurtments which have 8 Jurisdiction t.o enforce this Ol'der. The plaintiff prays for such ot.her relief as may be Just. and proper. RespectfullY submitt.ed, LEGAL SERVICES, INC. B Irvine Row Carlisle. PA 17013 (717) 243-9400 9 ';) " " ..., "" "" ~ "'"1 ~ !i" , = <.... ~, ill I ;~ ~ IL ~ ('...J H n_ ... f,/' VICKIE K. GUYER, Plaintiff and on behalf of her minor child, KYLE p, GUYER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 95.5147 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY DAVID L, GUYER, Defendant PRAECIPE TO THE PROTHONOTARY: I hereby enter my appearance on behalf of the Defendant, DAVID L, GUYER, in the above-captioned action, ANDREWS & JOHNSON DATE: ,/ (t)- <( - ';.;;. By: VICKIE K, GUYER, Plaintiff and on behalf of her minor child, Kyle P. Guyer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5147 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY v. DAVID L. GUYER, Defendant QBQgfl OF COUB! AND NOW, October 5, 1995, the parties having appeared with their respective counsel, by agreement the PFA petition Is suspended; either party may petition for a hearing In the future, The custody claims shall be scheduled for conciliation, Pending the conciliation conference, plaintiff shall have temporary custody of Kyle P. Guyer and defendant shall have temporary custody of Merle M. Guyer II. Each party shall have partial custody of the son living with the other party as the parties may mutually agree, Neither party shall unreasonably deny access of the children to the other parent, The defendant agrees that he shall not reside at 438 West Main Street, Walnut Bottom, Cumberland County, PA, pending the conciliation conference, and thereafter, he shall not retum to 438 West Main Street, Walnut Bottom, without providing plaintiff ten days' notice of his planned retum. The parties further agree that they will enroll and participate In family counseling with a counselor which they shall both agree upon, The costs of counseling not covered by Insurance shall be paid by the parties In proportion to their Income, Ocr :i 12 Z~ ;'1 '55 ;f l:l V. . :, ,l, , fH\' , j.) " " SHERIFF'S RETURN ' R~GUl.AR CASE NO: 1995-05147 r COMMONWEALTH OF PEN~SYLVANIA: COUNTY OF CUMBERLAND GUYER V IC" I_L!L_______'______.__a____ VS, GUY ER DA V 1[' l;..._.._ KENNETH GOSSERT CUMBERLAND County, __.,,___.~~,_..,__________.__._, Stlcrl.ff 01- [Ir'fJutj" ~-;tll.i"I'lf.t- oj Pc~nnDylvi..1n.la, whu bp-inl.l dul}' :C;WUfl\ ;ICCUIUlfHJ to la.., saYA, t.t,,, ".1 th 1" PRon:CVSJ..1LER12tLABUf>i;_________..__..,_...__ .."" "e,-ved upon GUYER DAVID L _______________..'.._________________...__..______ the defendant, at 1455:00 HOURS, 0" tllP ::7.tll da}' of :l,\:I~.I..n!b,:L_______, 1995 at 701 SOUTH WEST _STREET CARLISLE, PA 17013 _______,CUn~f~AllD County, Pennsylvania, bi' handing to !Lo\YID_l,~__GUYER .____ a-true and attested copy of the PRQTECIlOtLERQV.ABUSF. together vith I~MP9R~RY PROTECTION ORDER NOTICE AND PETITION and at the same time d1recting Hi3 attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surchargl? 18,00 2,80 ,00 ,Ii)0 So an~~ ?'1 .. ~ R:ih"Ol"'" -I\TIIi-';;-:;J".{ 1rr Svorn and subacr1bed to before Ole this II. ~_ day of jl~ 19_.fL A. D. _-.5.~ \'l~--c;l"--lltl'~~':'"'lJ_~1~-, ___________ ~ rOI. lona .dT}' "'\'1 , U.. 1- (j 1.1 J J 1 1'\1l'5 " :,.1 ~ 1"'I'l,Y<f" (;d, t'~ ma/)/Z, 'l~ dlldwJkJ 10 ,/? ~ t.,~ ~~4/ ~ &":! ' aw( ~ )tJ '/1(- 9f ~tJ'" ~:,.* 'II. fi.dwp 7fll VICKIE K, GUYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO, 95-5147 CIVIL TERM v, DAVID L. GUYER, Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this date, October /"l- , 1995, I mailed a copy of Defendant's Motion for Conelllatlon Conference to Joan Carey, Esquire, counsel for the Plaintiff, Vickie K, Guyer, by US Mail, postage prepaid, as follows: Joan Carey Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 I further certify that on this date, October /2. . 1995, I mailed a copy of Defendant's Motion for Conciliation Conference to Plaintiff, Vickie K. Guyer, by US Mall, postage prepaid, as follows: Vickie K. Guyer 438 W. Main Street Walnut Bollom, PA 17266 T lOr P. Andrews, Esq. ounsel for Defendant 78 W, Pam fret Street Carlisle, PA 17013 (717) 243-0123 Supreme Court ID No, 15641 No. 96-6147 Civil Term Vickie K, Guyer. Plaintiff VB. David L, Guyer, Defendant P RAE C I P E Filed 19 96 JOlln Carey I Atty. LEGAL SERVICES. INC. 8 <0 !?, Ul ..~ .."E" <:::I ~I ,." lJlcq ;'") ---' , ;.;.:c- (.."'11." Ul i3 ,. . -.. , r-~d -0 ~ .- ~-;c; ::l: S;;~ - .. ~ .::- ~ I I~ en 0 ~~ .. - ';'- ::t: ... ooa; ::~ 0 Gl~ [1.: CO ::sn ~. N -.. f5~ IJ-! c..:> J III rE ltJ (ue.. Q ~ l:5 In 0' U ~ -:2" -- '- :<r. '-;"", h .. ~ -, ... - P~"." ~{[', ( L ~ .- C._): ttr:: u_ r':;.:~ ~n : ',!') \'\: '1: < 1'- c-J '" '-' \:lld G:t~1 1,1 flu.. r: p ::1 p- ,n u CJ\ u CI: "'-lOd - - er::: Q = &0,..4 ~O!:l ::::g~~ !:!Q"'8<5!:-~ i::: .S.....;!;::!! OCl: ti S :f;::!j::~ . Q <0( ~ - _t: I :SO..J = "'=......._ < < ..;: .. .. -l~r- ):_fI<Q O~ ... <1:1 Q"" \.l ....... . . Dl f lJ""- . " 95-106 LAW OFFICES OF DONALD R. DORER Scott A. Freeland, Esquire Attorney for Defendant 3907 Hartzdale Drive, Suite 706 Camp Hili, PA 17011 )'elephone No. 17111 731-0988 ROBERT M, DUTCHER and MARY DUTCHER, his wife, Plaintiffs IN TIlB COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, DOCKET NO. 95-5381 KEVIN J, CORMIER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDBR AND NOW, this day of ,1995, it appearing that Defendant, Kevin J, Connier is presently serving on active duty in the United States' Anned Forces and is stationed outside of the Commonwealth of Pennsylvania, It is hereby ordered that further proceedings in the above captioned matter shall be stayed pursuant to the Soldiers' and Sailors' Civil Relief Act, 50 U.S,C,A, Section 521. BY TIlB COURT J, 9.5-106 LAW OFFICES OF DONALD R. DORER Scott A. Freeland, Esquire Attorney for Defendant 3907 Hartzdale Drive, Suite 706 Camp Hili, PA 17011 TeleDhone No. (717) 731-0988 ROBBRT M, DUTCHER and MARY DUTCHBR, his wife, Plaintiffs IN THB COURT OF COMMON PLEAS CUMBERLAND COUNTY, PBNNSYL VANIA vs, DOCKET NO, 95-5381 KBVIN ], CORMIER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDBR AND NOW, this ;z "I . day of J.'-i. '--...,- ,1995, a Rule Is Issued on the Plaintiffs to show cause why the within matter should not be stayed pursuant to the Soldiers' and Sailors' Civil Rellef Act, 50 U.S,C,A, This Rule returnable Iwenty (20) days after service, BY THB COURT '~~. /J hi / ], WHEREFORE, it is respectfully demanded that the present civil action be stayed pursuant to Section 521 of the Soldiers' and Sailors' Civil Relief Act, 50 U,S.C,A, fi521 (West 1994), Respectfully submllled, LAW OFFICES OF DONALD R, DORER - corr A, FREELAND, ESQUIRE Attorney for Defendant 3907 Hartzdale Drive, Suite 706 Camp Hill, PA 17011 Telephone No, (717) 731-0988 Identification No, 55663 2