Commonwealth v. Barzyk

CIRILLO, President Judge Emeritus:

Robert W. Barzyk, Sr., appeals from the judgment of sentence entered in the Dauphin County Court of Common Pleas following his conviction for the summary offense of harassment.1 We vacate the judgment of sentence and remand for resentencing.

The judgment of sentence from which Bar-zyk now appeals arose out of a complaint filed by his ex-wife, Rachel Nickle. The complaint alleged that on September 28, 1995, while Nickle was visiting a friend who lived across the street from Barzyk, Barzyk repeatedly played an audio recording of “pig noises” at a high volume…