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evidence of abuse, as defined in the Act, by both parties,
7. Evidence was heard that for many months the Respondent
has attempted to causo and has intentionally, knowingly, or
recklessly caused bodily injury and serious bodily harm to the
Petitioner and by physical menace has placed the Poti tioner in fear
of imminent serious bodily injury. This has included but is not
limited to the following specific incidents of abuse:
A. On May 18, 1996, Respondent pushed Petitioner into
the stairway wall causing a large gash to Petitioner's head;
8. On Decembe I' 22, 1995, Responden t ri pped the
residence's three telephones f~om the wall and threw them on the
floor in front of Petitioner;
C. On December 21, 1995, the parties were arguing and
Respondent raised his right hand into a fist and stated to
Petitioner, "God, 1 just want to smash you, that you deserve to be
knocked out and that would straighten you up."
D. On November 14, 1995, Respondent punched Petition...
in the face on two separate occasions, punched her in the back of
the head, picked Petitioner up by her hair, and ripped an ea....ing
from Petitioner's ear;
E. On November 13, 1995, Respondent stated that
Petitioner was a "slut," struck Petitioner in the back of the h.ad,
and put his hand through the front door glass window;
F. On numerous occasions, especially within the past
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ei ght months, Respondent has physi call y shoved Pet it i oner "out of
his way;" and
G. On numerous occasions, especially within the past
eight months, Respondent has threatened to kill Petitioner is she
"lets the tiger out of its cage."
8. Petitioner believes sne is in immediate and present
danger of further abuse and harassment from Respondent and that she
is in need of, and entitled to protection from such abuse,
WHEREFORE, Respondent respectfully requests this Honorllble
Court to Enter a final Protection from Abuse Order against
Respondent, for a period of one (1) year, and further require:
1.
Respondent to refrain from approaching,
.busi ng,
threatening, or harassing Petitioner, either physically 01'
verbally, or placing her in fear of abuse, wherever he May be;
2. Respondent sha 11 not possess any hand-guns 01' othe,.
firearms during the ~endency of this Order;
3. A cert i f i ed copy of th is Order sha 11 be served on the fIIew
Cumberland Police Department as the police departMent with
jurisdiction to enforce this Order.
Should the pol ice co_ in
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contact with Respondent, and should Respondent allege that he ha.
not been served with this Order, the police officer sh.,ll
immediately serve the Order upon him.
4. Th is Order sha 11 be enforced by any 1 aw enforcelllent
agoncy In any county where d violation occurs. As provided in 23
Pa.C,S, 58113(a) of the Act, "(a)n arrest for violation of an order
issued pursuant to this Act may be without warrant upon probable
cause whether or not the violation is committed in the presence of
the police officer."
5, Respondent is hereby notified that if he violates this
Order, he IIIay be held in indirect criminal contempt which is
punishsble by a fine of up to $1,000.00 and/or by a jail sentence
of up to siH (8) month,
The Respondent prays for such other relief as may be just
and proper,
Respectfully Submitted,
Date: 5-?xJ '-Cj ~
17112
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3. Respondentis prohIbn-e<1 lr9M' "'ontact~~g Petitioner in any:1.. /i
manner, inc~~_cUnq-entering or telephoning pe~ 0/ C (
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place of 'emPlOy~~nt->-__...___..__
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4. Responden~d--'to re ra
communi~tion ~petitioner's children.
5. ~~ is directed to refrain ~from ",rasSing Iy (;
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communicationJIi.itn P L1 t:loner' s relatl ve...
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6. Respondent is directed to relinquish any hand'':'guns or I
other firearms she may own or possess, and any current gun permits ""p )
she may have, to the Cumberland County Sheriff immediately upon (//-1
being served herewith. Respondent shall not possess any hand-guns
or other firearms during the pendency of this Order.
7. "--~rothonotary, Sheriff, and local law enforcemen~ f
agencies are dir~~~ to -~ccept;fiTe~rve all copies of thi~'t (;
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Petition and Order without prepayment of costs. --_
8. A certified copy of this Order shall be served on the New
Cumberland Borough Police Department if said department is within
the appropriate juriSdiction for Petitioner's residence. Should
the police come into contact with Respondent, and should Respondent
allege that she has not been served with this order, the police
officer shall immediately serve the Order upon her.
9. This Order shall be enforced by any law enforcement agency
in any county where a violation occurs. As provided in 23 Pa.C.S.
S6113(a) of the Act, "[a]n arrest for violation of an order issued
pursuant to this Act may be without warrant upon probable cause
whether or not the violation is committed in the presence of the
police officer."
10. Respondent is hereby notitied that it she violates this
Order, she may be held in indirect criminal contempt which is
punishable by a tine ot up to $1,000.00 and/or by a jail sentence
ot up to six (6) months.
11. Tbis Order sbal1 r...in in full foroe and effeot until
furtber Order of the Court.
12. A beariDg on tbis ..tter 18 sobeduled for tbe ~,,-tIJ
day of mAY ,1"k, at ..1: ad L.a., in Court
Roo. 110. ~ , CWlberland county Courtbouse, Hanover an4 ligb
8treets, Carlisle, Pennsylvania,
COURT.
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DISTRIBUTION
Petitioner
Sheritt tor Respondent
New Cumberland Borough Police Department
Cumberland County Emergency Management
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DUIlI. D. aLLIIOII, . III Tal COURT 0' CONNOII PLaal
PetitioDer . CUJlBULAIID C01QlTY, PI...YLVUIA
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v. . 110.
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KICBILL. L. ALLIIOII, . CIVIL ACTIOII - LAW
Re.poDcleDt I PROT.CTIOII 'ROM ABUI.
PETITION FOR PROTECTION FROM ABUSE
TO Tal aOIlORABLI JUDOII 0' lAID COURT.
This Petition of DENNIS D. ALLISON, by and through his
attorney, Nora F. Blair, Esquire, pursuant to the Protection from
Abuse Act, 23 Pa. C.S. 556101, ~ ~., AA amended, respectfully
represents as follows:
1. Petitioner is an adult individual who cur.rent1y resides at
504 Third street, Cumberland County, New Cumberland, PA 17070.
2. Respondent is an adult who currently resides at 504 Third
Street, Cumberland County, New Cumberland, PA 17070.
3. The relationship between Petitioner and Respondent is that
of Husband and Wife.
4. Petitioner's and Respondent's names are on the lease for
the residence in paragraph number 1 above.
5. Petitioner and Respondent are the parents of three minor
children: Joseph Allison, born June 17, 1987; Lucas Al1i.on, born
June 19, 1990; Jacob Allison, born August 5, 1992.
6. Petitioner is employed at Sears with an gross weekly
earnings of approximately $440.00 and net weekly earnings of
approximately $300.00.
7. Respondent is unemployed.
8. Respondent has engaged in abusive conduct toward
Petitioner as such conduct is defined in the Act. E~amples of said
conduct include, but are not limited to, the following:
a. On or about May 18, 1996, Respondent poked Petitioner
in the face with the portable phone, spit in Petitioner's face,
slapped Petitioner across his back with his work vest with the
metal name tag attached to it causing pain and a red mark on
Petitioner's back and threw a large phone at Petitioner hitting him
in the groin area.
b. On numerous occasions, especially during the last
eight months, Respondent has hit Petitioner with her flat hand,
usually slapping him in the back.
c. On numerous occasions, especially during the last
eight months, Respondent has punched Petitioner with her fist,
especially in the arm.
d. On numerous occasions, especially during the last
eight months, Respondent has pushed and shoved Petitioner.
e. On numerous occasions, especially during the last
eight months, Respondent has thrown various household items,
including picture frames and phones, at Petitioner.
f. On numerous occasions, especially during the last
eight months, Respondent has grabbed the telephone and other items
from Petitioner and in the process, hit Petitioner with the item.
g. The police have been called to the parties' residence
on numerous occasions because of the violent acts of Respondent.
h. There have been numerous other incidents where
Respondent has treated Petitioner abusively to one degree or
another.
9. Petitioner believes that he is in immediate and present
danger of further abuse and harassment from Respondent, and that he
is in need of, and entitled to, protection from such abuse.
10. A Custody Count was in the Divorce Complaint filed on
April 25, 1996 in Cumberland County at Number 96-2132 Civil
Term. A Custody Conciliation Conference is scheduled for May 30,
1996.
11. Petitioner believes that it is in the best interest and
welfare of the minor children that Petitioner be granted primary
physical and legal Custody until further Order of Court.
OB.B.O.., pursuant to the Protection from Abuse Act,
Petitioner prays your Honorable Court to:
I. Immediately enter a temporary order, pursuant to Section
5(b) of the Act, 23 Pa.C.S. S6107(b);
A. Directing Respondent to refrain from approaching,
abusing, harassing, or threatening Petitioner,
Physically or verbally, wherever he may be;
B. Evicting Respondent from Petitioner's current
residence located at 504 Third Street, New
Cumberland, Pennsylvania and restoring such residence
to the exclusive possession and control of
Petitioner;
e. Excluding Respondent from any residence which
Petitioner may occupy during the pendency of this
Order;
D. prohibiting Respondent from having any contact with
Petitioner, including entering or telephoning
Petitioner's home or place of employment;
E. Directing Respondent to refrain from all harassing
communication with Petitioner's children;
F. Directing Respondent to refrain from all harassing
communication with Petitioner's relatives;
G. Granting Petitioner temporary primary physical and
legal custody of the three minor children Joseph
Allison, born June 11, 1987; Lucas Allison, born
June 19, 1990; and Jacob Allison, born August 5,
1992;
H. prohibiting Respondent from stalking Petitioner as
that term is defined in the crime Code, 18 Pa.e.s.
section 2709; and
I. Directing Respondent to relinquish any hand-guns or
other firearms she may own or possess, and any
current gun permits she may have, to the Cumberland
county Sheriff immediately upon being served herewith
and prohibiting Respondent from possessing any
handguns or other firearms during the pendency of
this Order.
II. After hearing, and pursuant to section 1 of the Act, 23
Pa.C.S. 56108, enter a final protection order continuing the relief
set forth above, for a period of one (1) year, and further
requiring that Respondent:
A. Pursuant to section 5(d) of the Act, 23 Pa.C.S.
56017(d), pay all taxable costs of this action;
B. Pay Petitioner's attorneys fees in the amount of
$500.00;
C. Reimburse Petitioner for out-of-pocket losses
suffered as a result of Respondent's abusive conduct
in the amount of $ ;
D. Reimburse Petitioner for earnings from employment
lost as a result of Respondent's abusive conduct in
the amount of $
E. Pay Petitioner $50.00 per week for the support and
carli! of the three minot. children: Joseph Allison,
born June 17,1987; Lucas Allison, born June 19,
1990; and Jacob Allison, born August 5, 1992; until
a final Order of Support is entered by Domestic
Relations;
F. Peacefully retrieve any personal possessions with the
aid of a local law enforcement officer, said officer
to be compensated, if payment is required, by
Respondent;
G. Relinquish any hand-'guns or other firearms she
may own or possess, and any current gun permits
she may have, to the Sheriff of Cumberland county
if she has not already done so and prohibiting
Respondent from possessing any hand-guns or other
firearms during the pendency of this order; and
H. Enroll in private or publicly funded professional
psychological counseling concerning anger control and
Respondent's history of abusive conduct, including
any substance abuse which may be involved.
oat.d, 1~ ", I 'i'ir.-
Respectfully submitted,
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17112-0216
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DIINNIS D. ALLISON I IN THE COURT or COMMON PLEAS OP
I CUMBERLAND COUNTY, PENNSYLVANIA
V. I
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MICHELLE L. ALLISON I 96-2132 CIVIL TERM
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MICHELLE L. ALLISON I IN THE COURT OF COMMON PLEAS or
I CUMBERLAND COUNTY, PINNSYLVANIA
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V. I
DENNIS D. ALLISON 96-2132 CIVIL TERM
IN REI PITITION rOR CONTEMPT
ORDER or COURT
AND NOW, this 26th day of June, 1996, a hearing
waa aet by me today on a petition of Mr. Alliaon to hold Mra.
Alliaon in contempt for an alleged violation of a protection
from abua. order. The parties have resolved that iasue, and by
agreement the petition for contempt ia withdrawn.
The mother has removed herself from the premiaes
at 504 Third Street. She agree a not to return except to r.move
her peraonal belongings, and by further agreement Mr. AlliaoD
ahall be present at such time aa the personal belonginga are
removed.
The protection from abuae orders against botb
partiea will remain in full force and effeot until further order
of the Court.
By the Court,
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Ilarold E. Shed
, P.J.
Nora r. Blair, Eaquire
For Dennia Alliaon
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Cara A. Boyanowaki, Esquire
For Michell. Alliaon
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DIIIIII8 D. ALLI801l, I III TBI COURT O. COMMOII PLlA8
petitioner I CUllBIRLAIID COUIITY, PI...8YLVAIIIA
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v. I 110. g, - 2132 CIVIL TIRN
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IIICRILLI L. ALLI801l, I
Re.pondent I CIVIL ACTION - DIVORCI
STIPULATION FOR EXCLUSIVE POSSESSION
The parties hereto having reached agreement with respect to
exclusive possession hereby agree as follows:
1. Petitioner is DENNIS D. ALLISON, who resides at 504 Third
Street, Cumberland County, New Cumberland, PA 17070.
2. Respondent is MICHELLE L. ALJ"ISON, who resides at 302
Hickory Hill Terrace, Dauphin County, Harrisburg, PA 17109.
3. Respondent has agreed to and has moved out of the
residence at 504 Third Street, Cumberland County, New Cumberland,
PA 17070.
4. Petitioner and Respondent agree that Petitioner shall
have exclusive possession of the residence at 504 Third street,
Cumberland county, New cumberland, PA 17070.
Nora F. Blair, Esquire
Dennis D. Allison
Cara A. Boyanowski, Esquire
Michelle L. Allison
Wednesday at 9:00 a.m. until Thursday at 9:00 a.m. Father
shall have the children from Thursday at 9:00 a.m, until
Saturday at 9:00 a.m. The parties then shall alternate the
Saturday so that each one of them has a Saturday every other
week. This alternating SalUrday schadula will begin with
Mother having the children on Saturday, 6 July 1996.
3. Transportation will be such that the party who is beginning
their period of custody shall be responsible to pick up the children at
the other party's residence. Since there are protective orders currently
in force against both parties, it is understood that the party picking up
the children shall not get out of his or her vehicle. The children should
be ready at the time of the pick up and will walk from the residence to
the parent's vehicle to begin their periods of partial custody with the
children.
4. There shall be no telephone contact with the other party
unless there is an emergency related strictly to the children.
5. The parties agree thaI they shall submit themselves and their
minor children to Deborah Salem of Innor Works who shall porform a
custody evaluation in this case. Deborah Salem is to provide both
counsel with a written report as to her recommendation. In the event
that the parties cannot resolve lhe ultimate custody schedule after
5. The Plaintiff's position on custody Is as follows: See attached Order,
6, The Dafandant's position on custody is as follows: Sea attached Order.
7. Need for separate counsel to represent children: None requested.
8. Need for independent psychological evaluation or counseling: See
attached Order.
Data: 11 July 1996
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Michael L. Bangs
Custody Conciliator
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DENNIS D. ALLISON,
peU Honer
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-2132
MICHELLE L. ALLISON
Respondent
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
RESPONDENT' S ANSWER TO PETITIONER"S PETITION
FOR PROTECTION FROM ABUSE WITH NEW MATTER
AND NOW, comes the Respondent, Michelle L. Allison, by and
through her attorney. Cara A. Boyanowski, Esquire, and respectfully
avers the following:
1 . Admi tted .
2. Mmitted.
3. Denied. It is specifically denied that the relationship
of the parties is that of Husband and Wife.
4. Admi tted .
5. Admitted.
6. Admi tted.
7. Admitted.
6. Denied. It is specifically denied that Respondent has
engaged in abusive conduct toward Petitioner, in which Respondent
attempted to cause or caused bodily injury, rape, spousal sexual
assault, placed Petitioner in fear of imminent serious bodily
injury by physical menace, or inflicted Petitioner to false
imprisonment, dS defined in the Act.
a. Admitt~ld in pHrt and dnnl"d In pnrt. It ill allmltted
that Respondent spit ill I'OUllorllll'll !'1\l!1I flnd Illllppod him with his
work vest. It is dllnlod that HIlHIl<)Illh!l\l' POkllll I'nUtionol' in the
face with a portable phono and t.hrl!W .1 lill'ln phono lit. Petitioner,
By way of furt.her oxplanatlon, Hllllpon<lnllt. iHlrnlt.1I that shp. was
holding the port.able phOllll dnd IWaIVI!d" It In tn>nl of Petitioner,
however, the appliance IH1Vlll' t.mlCh..d I'lll I l lurH!r and by way of
further expl.anallon, Rll~lponchmt. .ldmllH lhnl thn large phone may
have hit pellUonel' In Ulll '1loln nllla, hOWI'VIlI, Hl!lIpondent denies
she threw the phOll1l at l'lltlt.[onql, inlllna<l, hl! Willi grabbing for the
phone and it fell.
b. Admllt"d In part .lIld dllnlnd In Pdrt. It Is admitted
that altercatiollH hav'l o<!<!uIIl1d III which Hlnpplnq has taken place,
however, whon t.ho lIiilpplnq occutllld, t.t Wd/i aH II joint action, not
solely Rellpondont..
c. AdmiUlll) In pdlt. <lJI<1 dllnlnd in part. [t is admitted
that al tercat.lons h<lvl' O,;CIIl r...1 I II wh l<!h punch ing has taken place,
however, wtwn Uw "unchln', ol'<!urlll(l, it. W8H ilS a Joint action, not
solely Respondllnt..
d. AdmlUlld III Ihltt. .1Ild dfHlllld In part.. It is admitted
that altercations h.Wl! occurp'd In, which shoving and pushing have
taken p iace, hOWOVll r, whlln UIll IIhov I rIC) iHld pushing occurred, it was
as a joint ac:Uon, not. Molnly Hllllpondonl..
(!. AdmlU."J I,n "illl dnd dl!nied in part. It is admitted
that Respondent has lhrown various household items, however, it is
speci f ically denied that Respondent has thrown these items at
Petitioner. Respondent avers that these items were thrown at the
floor.
f. AdmJ. tted in part and denied in part. It is admi tted
that Respondent has grabbed items from Petitioner, it is
specifically denied that she hit him with these items.
g. Admitted in part and denied in part. It is admitted
that the police have been summoned to the parties' residence on
numerous occasions, however, it is denied that they were summoned
due to the violent acts of Respondent.
By way of further
explanation, Respondent has called the police herself and had her
son call the police from a neighbor's house because of Petitioner's
violent behavior and actions.
h. Denied. It is specifically denied that Respondent
has treated Petitioner abusively to one degree or another.
9. Respondent is without sufficient information or knowledge
as to answer the allegation set forth in Paragraph 9. By way of
further answer, Respondent does not believe that Petitioner should
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believe he is in immediate and present danger, in that, Plaintiff
owned many guns and rifles, is an ex-police officer, and is a
member of the Pennsylvania National Guard. Whereas, Respondent is
approximatel y 5' 4" tall and weighs 135 pounds.
10. Admitted.
11. Denied, It Is denied lhat the best interest and welfare
of the minor children would bu upheld by granting primary physical
custody to Petitioner. Ry WilY of further explanation, Respondent
has been tho primary Ciltl"llveJ[" of the children since birth, has
been the acllve (lilHHlt eoncllrnlnq HchooL and health decisions, and
has provided Uw chI ldron wllh.,food, clothing and personal items.
WHEREFORE, IlmlporHhOllt rospCH:tfui Ly requests this Honorable
Court to dlsmlHs tho I'ollllnn for Prolection from Abuse filed by
peti t ioner.
tl.ILMAIIU
12. A 'remponlry Prntllct.lon from Abuse Order is in effect
against Respondent..
13. A hear Inq hilS blH'Il Ilchedu Led for the Temporary Protection
from Abuse Order for May 24/ 1996, at 2:00 p.m.. in Courtroom No.
1/ of the Cumbcdilnd County Court.house, Carlisle, Pennsylvania.
14. Petlt.lonur has ongaged in abusive conduct toward
Responden t / In wh I eh Po tIt lone r has a t tempted to cause or caused
bodily Injury, rap!)/ speH1Hal sexual assault. placed Petitione:r:' in
fear of Immlnenl Ilf!rlollll bodily injury by physical menace, or
Inflicted PetItioner to false imprisonment, as defined in the Act,
by !ler{ormlnq tlw followlnq acts:
a. On May 18, 1996, Petitioner pushed Respondent into
the stairway wall causing a large gash to Respondent's head.
b, [n November, 1995/ Petitioner punched Respondent in
the face on two separate occasions, punched her in the back of the
head, and then broke the front door glass window with his fist.
c. On numerous occasions, especially within the past
eight months, Petitioner has pushed Respondent down unto a bench,
breaking the bench, and causing Respondent's head to hit a wooden
bookcase.
d. On numerous occasions, especially within the past
eight months. Petitioner has shoved Respondent "out of his way."
e. On numerous occasions, especially within the past
eight month, Petitioners has threatened to kill Respondent if she
"lets the tiger out of its cage."
13. Respondent believes she is in immediate and present
danger of further abuse and harassment from Petitioner, and that
she is in need of, and entitled to protection from such abuse.
14. Respondent feels that it is in the best interest and
welfare of the minor children that Respondent be granted primary
physical and legal custody.
WHEREFORE. Respondent respectfully requests this Honorable
Court to Enter a final Protection from Abuse Order against
Petitioner, for a period of one (1) ye~r/ and further require:
1. Petitioner to refra.in from abusing the Respondent or
placing her in fear of abuse;
2. Granting possess ion of the home located at 504 Third
street, New CumberLand.Cumberiand County, Pennsylvania to
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VERIFICATION
j.\\cheJ\e.. l=\\\l~JOn
verify
that the
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statements made in the foregoing Document are true and correct to
the best of my knowledge, information and belief. I understand
that the statements therein are made subject to the penalties of 18
Pa.C.S, ~ 4904 relating to unsworn falsification to authorities
5'~3'C\l.c
Date
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CBRTIFICATE OF SBRVICB
I certify that I served a true and correct copy of
Respondent's Answer upon Dennis Allison and Nora Blair, Esquire, by
deposition same in the United states Mail, first class, postage
prepaid, from Harrisburg, Pennsylvania, on the 23rd day of May,
1996, as addressed as follows:
Dennis Allison
504 Third street
New Cumberland, PA 17070
Nora Blair, Esquire
5440 Jonestown Road
P.O. Box 621 6
Harrisburg. PA 17112
Date: 5/iC3/q"
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DIDIIII8 D. ALLI80N, I III TBI COURT OJ' COIOlON PLllA8
plaintiff I CUKBIRLAIlD COUNTY, PI1lH8YLVAIlIA
I
v.. I NO. 91 - 2132 CIVIL TIRJI
I
IIICBILLI L. ALLISON, I
D.fendant I CIVIL ACTION - DIVORCI , CU8TODY
AFFIDAVIT OF SERVICE
I, Nora F. Blair, Esquire, hereby certify that a true and
correct copy of the Complaint For Divorce Unc.er Section 3301(a) of
the DJ.vorce Code with Custody Count was sent to the Defendant by
certified mail, restricted delivery, return receipt requested, on
May 1, 1996, addressed as follows:
,
~ ,
MICHELLE L. ALLISON
504 Third Street
New Cumberland, PA 17070
The envelope was marked "refused" and was returned to sender.
The envelope is attached hereto marked Exhibit "A" and is
incorporated harein by reference. The Complaint For Divorce Under
Section 3301(a) of the Divorce Code with Custody Count was sent by
regular mail on May 6, 1996 and was not returned to sender within
fifteen (15) days.
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DATED: 17 /1 '
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Supreme Court 10 #45513
5440 Jonestown Road
P.O. Box 6216
Harrisburg, PA 17112-.0216
(717) 541-1428
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8. Plaintiff and Defendant are both citizens of the United
states.
9. Plaintiff has been advised of the availability of
marriage counseling and of the right to request the Court to
require the parties to participate in such counseling. Being so
advised, Plaintiff does not request that the Court require the
parties to participate in counseling prior to a Divorce Decree
being issued by the Court.
10. Plaintiff avers that the grounds for divorce are that
Defendant has committed adultery and Defendant has offered such
indignities to Plaintiff, the innocent and injured spouse, as to
render Plaintiff's condition intolerable and life burdensome.
WHBRSlOR!, Plaintiff requests that Your Honorable Court enter
a Decree of Divorce.
COUNT II
CUSTODY OF MINOR CHILDREN
11. The averments of Paragraphs 1 through 10 are incorporated
herein by reference as though set forth in full.
12. The parties are the parents of 3 minor child~en, Joseph
Allison, born June 17, 1987, Lucas Allison, born on June 19, 1990,
and Jacob Allison, born August 5, 1992.
13. Plaintiff se'lks primary physical and legal custody of the
following minor children:
tfAHE
PRESENT ADDRESS
504 Third Street
New Cumberland, PA 17070
504 Third Street
New Cumberland, PA 17070
504 Third Street
New Cumberland, PA 17070
Joseph Allison
Lucas Allison
Jacob Allison
DATE OF BIRTH
June 17, 1987
June 19, 1990
August 5, 1992
Lucas Allison and Jacob Allison were born in wedlock. Joseph
Allison is the national son of Michelle Allison and was adopted by
Dennis Allison.
The children are presently in the custody of mother and father
who reside at 504 Third Street, New Cumberland, PA 17070.
14. During the last five years, the children have resided
with the f.ollowing persons and at the following addresses:
NAMES
Michelle Allison
Dennis Allison
ADDRESS~S
504 Third Street
New Cumberland, PA 17101
DATES
June of 1994
to Present
Nathaniel Bruno
Edith Bruno
Michelle Allison
Dennis Allison
302 Hickory Hill Terr.ace August of 1993
HarriSburg, PA 17109 to June of 1994
Michelle Allison
Dennis All ison
312 East Kansas
Medicine Lodge, Kansas
67104
Michelle Allison
DElnnis All ison
504 Roosevelt Avenue
Middletown, PA 17057
Fort Indian Town Gap
RD2 Box ??
Lebanon, PA 17003
Michelle Allison
Dennis Allison
June of 1993
to August of 1993
June of 1992
to June of 1993
August of 1991
to June of 1992
The father of the children is DENNIS D. ALLISON, residing
at 504 Third Street, Cumberland county, New Cumberland, PA 17070.
He is married.
The mother of the children is MICHELLE I/O ALLISON
residing at 504 Third street, Cumberland county, New Cumberland, PA
17070.
She is married.
15. The relationship of PlaintiCf to the children is that of
Father.
The Plaintiff currently resides with the following
persons:
HAW:
Michelle Allison
Joseph Allison
Lucas Allison
Jacob Allison
RELATIONS~
Wife (Separated)
Son
Son
Son
16. The relationship of Defendant to the children is that of
Mother.
The Defendant currently resides with the following
persons:
HAW:
Dennis Allison
Joseph Allison
Lucas Allison
Jacob Allison
RELATIONSHIP
Husband (Separated)
Son
Son
Son
17. Plaintiff has not participated as a party or witness, or
in another capacity, in other litigation concerning the custody of
the children in this or another court.
Plaintiff has no information of a custody proceeding
concerning the children pending in a court of this Commonwealth or
in another state or Commonwealth.
Plaintiff does not know of a person not a party to the
proneedinge who has physical custody of the children or claims to
,
I
v.
...;, . X,N. .:J;u.E., CQllRT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2132 CIVIL TERM
DENNIS D. ALLISON,
Plaintiff
MICHELLE L. ALLISON,
Defendant
CIVIL ACTION
DIVORCE & CUSTODY
ANSWER TO PLAINTIFF'S COMPLAINT IN DIVO~
UNDER SECTION 3301(a) OF THE DIVORCE CODE
AND NOW comes Defendant, Michelle L. Allison, by and through
her attorney, Cara A. Boyanowski, Esquire, and avers the following:
COUNT I
DIVORCE UNDER SECTION 3301(a) OF THE DIVORCE CODE
1. Admitted.
2. Admit ted .
3. Admitted.
4. Admitted.
5. Denied. It is
been living separate and
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specifically denied that the parties have
apart since on or about November 7, 1995.
By way of further explanation, Defendant maintains that the parties
have resided together in the same household and have shared the
marital bed since the alleged November 7, 1995, separation date.
6. Admltted.
7. Admitted.
8.
Adm it ted .
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9. Defendant is without knowledge or information sufficient
. 10
.j~"'''~'' DINNIS D. ALLISON, IN THZ COURT OP COMMON PL!AS or
I
Petitioner I CUMBERLAND COUNTY, PENNSYLVANIA
I
V. I NO. 96.3132
I
MICHELLI L. ALLISON, I CIVIL ACTION - LAW
Respondent I PROTICTION PROM ABUSS
IN RII PROTECTIVE ORDER
ORDER or COURT
AND NOW, this 24th day of May, 1996, after
hearing, the Court finds that the re.pondent, Miohelle L.
Allison, ha. abu.ed Dennis D. Alli.on within the meaning of the
Proteotion from Abuse Act, and I 80 find. The Court further
directs that in the future .he .hall refrain from abu8ing the
petitioner.
I would also find that Mr. Allison has abused the
r..pondent. However, .ince there'8 been no petition filed,
under the law I'm not permitted at thi8 time to enter such an
order, but upon appropriate petition being filed I'd be willing
to enter an order finding that he has abu.ed Michelle, and also
that he'. directed to refrain from abusing her in the future.
By the Court,
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ror the Petitioner "t". , ~ l
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Cara A. Boyanowski, Zsquire 7,~,~
ror the Re.pondent
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I IX TBB COURT O. COKNOH PLBAI
I CUKlBRLMlD COUllTY, PDl1I8YLVUIA
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I 110. '6 - 2132
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I CIVIL ACTIOII - LAW
I PROTSCTIOH rROM ABU8!
0...18 D. ALLI80N,
,.titioDer
HICBBLLB L. ALLI80N,
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UD NOW, this ...Li-
ORDER
day of ~
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, 1996,
upon presentation of evidence at hearing, it is hereby ordered
that:
1. Respondent is to refrain from approaching, abusing,
threatening, or harassing Petitioner, either physically or
verbally, or placing him in fear of abuse, wherever he may be;
2. Respondent shall not possess any hand-guns or other
firearms during the pendency of this Order;
3. A certH ied copy of this Order shall be served on the New
Cumberland Police Department as the police department with
jurisdiction to enforce this Order.
Should the police come in
contact with Respondent, and should Respondent allege that she has
not been served with this order, the police officer shall
immediately serve the Order upon her.
4. This Order shall be enforced by any law enforcement
agency in any county where a violation occurs. As provided in 23
Pa.C.S. 5 6113(a) of the Act, " [a]n arrest for violation of an
order issued pursuant to this Act may be without warrant upon
,
,
probable caus. whether or not the violatiun is committed in the
pres.nce of the police officer."
5. Respondent is hereby notified that if she violates this
Order, she may be held in indirect criminal contempt which is
punishable by a fine of up to $1,000.00 and/or by a jail sentence
of up to six (6) months.
BY THE COURT:
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01..1. D. ALLI.ON,
Plaintiff
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I IN THI COURT OF COKMON PL-..
I CUHBIRLAID COUNTY, P....YLVAaIA
I
I RO. II - 2132 CIVIL TIRM
I
I
I CIVIL ACTION - DIVORC.
HI CHILLI L. ALLI.ON,
Dafendant
ORDER
MID NOW, this
1/'1.
/1 day of
,
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For / pecial
, 1996,
upon consideration of the Petition
Relief, filed by
Dennis D. Allison,
parties shall appear
day of ~/
Courtroom N4),j1
it is hereby Ordered and Decreed that the
for a hearing on said Pstition on the
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, 1996, at k CD o'clock /i-.m. in
of the Cumberland County Courthouse.
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7. Having the two parties reside in the same house is
becoming very stressful fo~ the parties and their minor children.
8. The most recent incident occurred on Saturday, May 18,
1996, when Respondent became upset because Petitioner refused to
discontinue the divorce action. Respondent proceeded to:
a. Poke Petitioner in the face with the portable phone.
b. Spit in Petitioner's face.
c. Slap Petitioner across the back with his work vest,
which had his metal name badge on it. The name badge left a red
mark on Petitioner's back and the name badge was broken.
d. Slammed the portable phone on the kitchen counter
until it was smashed.
e. Ripped the phones in the house out of the wall.
f. Threw the large phone at Petitioner hitting him in
the groin.
9. On numerous occasions in the past, especially during the
last eight months, Respondent has slapped Petitioner with her open
hand, usually on the back; punched Petitioner, usually on the arm;
thrown various household items at Petitioner, including picture
frames and telephones; and attempted to take things from
Petitioner, such as telephones and resulting in hitting Petitioner
with the item.
10. When Respondent becomes upset with Petitioner, she makes
inappropriate statements to the parties' children or in front of
I,
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the parties' children. Such statements include:
a. Telling the children that their father is leaving
them.
b. Telling the children that thoir father is kicking
them out.
c. Telling the children that their father is rude to
their mother.
d. Calling Petitioner names uuch as "asshole".
11. In an effort to entice Petitioner into her bed,
Respondent frequently walks around the house wearing no clothes or
wearing just a thong. This is done frequently when the minor boys
are present and are awake.
12. Petitionar and Respondent rent the house at 504 Third
street, Cumberland County, New Cumberland, Pennsylvania.
13. Petitioner has difficulty paying all of the bills for the
rental property on his salary alone.
14. Petitioner has requested that Respondent seek employment
to assist with the bills.
15. Respondent has refused to seek any type of employment.
16. Respondent's mother and her grandmother live in
Susquehanna Township.
DIDI. D. ALLIIOII, I III TBS COURT or CONHOII PLIlI
peU tioner I CUllBULA1lJ) COl1JlTY, ....IYLVAlfIA
I
v. I 110. 16 - 2132 CIVIL TZU
I
IIIC.ILLS L. ALLI.OII, I CIVIL ACTION - LAW
.e.ponclent I PROTSCTIOII .ROM ABU.S
ORDER
AIfD IIOW, this )., ~ay of
b/ttN l,..
, 1996,
after review of the Petition For Contempt Of Protection From Abuse
Order, a hearing is scheduled on said Petition for the .ot~ ~ day
of _UtJ'\JL , 1996, in Courtroom Number ~,
Cumberland County Courthouse, Carlisle, Pennsylvania.
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a. Friday, June 7, 1996, Respondent harassed Petitioner
at the Winner's circle Saloon located in the Holiday Inn,
Grantville, PA. Petitioner, ~lho is on summer drill with the
National Guard at Indiantown Gap, was having dinner at the
restaurant when Respondent and her mother arrived at or about 10:30
in the evening. Petitioner believes and therefore avers that
Respondent was there to see Petitioner because Respondent's mother
had seen Petitioner there earlier in the week. According to
witnesses, Respondent began to drink heavily, Later that night,
Respondent approached Petitioner while he was sitting and talking
with his friends. She asked him to dance and he refused. Shortly
thereafter, Respondent returned to where Petitioner was sitting and
proceeded to "bad mouth" him in front of his companions.
Petitioner calmly asked Respondent to return to her table.
Respondent returned to her table and danced for a while.
Respondent again approached Petitioner and told him that he was
losing the best thing that ever happened to him. Petitioner asked
Respondent to leave him alone. RB8POHDBHT 8PIT IN PBTITION.R'8
I'AC.. Petitioner went into the lobby of the hotel to find a
security guard. Two troopers happened to be in the lobby at the
time, and Petitioner told them what had occurred. He informed them
that both Petitioner and Respondent had Protection from Abuse
Orders. The officers spoke with Petitioner and Respondent
separately, and Respondent admitted to one of the officers that she
had spat in Petitioner's face. The officers also asked
Petitioner's friends to describe what had happened. These
witnesses are willing to testify to the accuracy of the events
described herein. As the troopers could not verify the existence
of the orders, they asked Petitioner if he wanted to file charges
against Respondent. He responded in the affirmative. The officers
issued a summons to Respondent either for harassment or disorderly
conduct.
b. Wednesday, June 5, 1996, Petitioner attempted to
speak with the parties' children while he was away at guard duty.
Respondent listened in on the telephone conversation, and when
Petitioner asked her to stop, she took the phone away from the
children and hung up on Petitioner.
c. Wednesday, May 29, 1996, Respondent and her mother
sat in the parties' house and were talking about Petitioner. They
spoke in a loud enough voice that Petitioner could hear them and
heard the numerous names that Respondent was calling Petitioner.
d. Friday, May 24, 1996, and other subsequent to that
time, Respondent made it difficult for Petitioner to sleep on the
couch by trying to talk with Petitioner or speaking loudly in the
same room where Petitioner was trying to sleep. Despite
Petitioner's requests to stop such conduct, Respondent continued
obviously with the intent to harass and annoy Petitioner.
6. Petitioner believes that he is in immediate and present
danger of further abuse and harassment from Respondent, and that he
in need of, and entitled to protection from such abuse.
7. Petitioner believes and therefore avers that if the
parties remain in the same residence, the harassing, annoying and
abusive conduct by Respondent will continue.
VERIFICATION
I verify that the statement made in the foregoing document are
true and correct to the best of my knowledge, information and
belief. I understand that the statements therein are made sUbject
to the penalties of 18 Pa. C.S. S 4904 relating to unsworn
falsification to authorities.
O~
D..-IS D. ALLISOII, I III Tal COURT or COIOlOII PLUS
PStitiODSl' I CUIUIIRLUD COtnlTY, PI..SYLVUIA
I
v. I 110. t. - 2132 CIVIL TBRII
I
IIICISLLI L. ALLISOII, I CIVIL ACTIOII - LAW
RS.pOD4sDt I PROTBCTIOH FaOM ABU.B
CERTIFICATE OF SERVICE
I hereby certify that I have this date served a copy of the
Petition For Contempt Of Protection From Abuse Order on the person
in the manner stated below which service satisfies the requirement
of Pa.R.C.P. No. 440.
SERVICE BY FIRST CLASS MAIL TO:
Cara A. Boyanowski, Esquire
5201 Jonsstown Road
Harrisburg, PA 17112
Date: June 19, 1996
Respectfully submitted,
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Jana C. rler
DENNIS D. ALLISON,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBER~AND COUNTY, P~NNSYLVANIA
NO. 96-2132 CIVIL TERM
v.
MICHELLE L. ALLISON,
Defendant/Petitioner
CIVIL ACTION ~ DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW, comes Petitioner Michelle L. Allison by and through
her attorney, Cara A. Boyanowski, Esquire, and files this Petition
for Special Relief and avers as follows:
1. Petitioner is Michelle L. Allison an adult individual
presently residing at 302 Hickory Hill Terrace, Harrisburg, Dauphin
County, Pennsylvania.
2. Respondent is Dennis D. Allison an adult individual
presently residing at 504 Third street, New Cumberland, Cumberland
County, Pennsylvania.
3. A Complaint in Divorce under 3301 (a) was filed on or
about April 25, 1996.
4. On or about May 22, 1996, Respondent filed a Protection
From Abuse Petition against Petitioner.
5. After hearing on May 24, 1996, concurrent Protection From
Abuse Orders were filed upon both parties.
6. On June 26, 1996, Petitioner voluntarily removed herself
from the marital residence at 504 Third street, and she and the
children moved in with Petitioner's grandmother, Edith Bruno,
7. At the limc PPlltiorwr
from the marital properly, ~tJe
reUlOVI'c! het'lw] f and the chi ldrcn
left. behind numerous items of
personal propl'l.ty and lll'JonrJinl):;,
8. On Junc 26, 1996, Uw partics agrccd that Petitioner
would be ~llowed to enter the premises at a later date to remove
her personal propert.y and ~('lonl)ings, as long as Respondent and a
constable were present durinCJ lhe exchange.
9. In the Order of Court, filed June 26, 1996, the Honorable
Harold E. Sheely, placed the following language: "The mother has
removed herself from the premIses at 504 Third street. She agrees
not to return except to remove her personal belongings, and by
further agreement Mr. Allison shall be present at such time as the
personal belongings are removed." A copy of said Order is attached
hereto and incorporated herein as Exhibit "A."
10. On or about July 2, 1996, Petitioner forwarded a list of
personal property requested and again requested a date for removal
of same. A copy of the letter, dated July 2, 1996, is attached
hereto and incorporated herein as Exhibit "B."
11. Peti tioner and Peti tioner' s counsel have continuously
requested a date and time from Respondent and Respondent's counsel
to schedule the removal of Ms. All ison I s personal property and
belongings from the marital residence since July 2, 1996. Copies
of letters, dated July 18, 1996, and August 6, 1996, are attached
hereto and incorporated herein as Exhibit "C."
12. Respondent and Respondent's counsel have continuously
failed to relinquish possession of Petitioner's personal property
and belongings or schedule a date for relinquishment of said
property. In fact, Respondenl has lecenUy slaLed ltJilt he will not
allow Petitioner to remove her personal property and belongings
without a signed court order.
13, Petitioner is in the process of moving from her
grandmother's residence and establishing a residence of her own.
14. Petitioner is in need of her personal belongings and
property to establish this residence.
15. Petitioner has been and will continue to be damaged by
Respondent's wrongful detention of Petitioner's personal property
and belongings.
WHEREFORE,
Petitioner respectfully requests that this
Honorable Court enter judgment in her favor and against respondent
for:
1. the possession and delivery of all Petitioner's
personal belongings and property;
2. pay all legal fees incurred in this action to
effectuate the exchange of peU tioner' s personal property and
belongings; and
3. any and all other relief which this Court deems
appropriate.
Respectfully Submitted,
MacINTYRE & MacINTYRE
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-ara A. Boyanows i, Esquire
5201 Jonestown oad
P.O. Box 6656
Harrisburg, PA 17112
(717) 652-9485
,
,
CERTIFICATE OF SERVICE
I, Cara A. Boyanowski, Esquire, do hereby certify that I
caussd a true and correct copy of the foregoing to be served upon
the following individuals by placing the same in the United states
Mail, First Class Postage Prepaid, at Harrisburg, Dauphin County,
Pennsylvania, on _J!.-;;;.'3' '1[;,
and addressed as follows:
Nora F. Blair, Esquire
5440 Old Jonestown Road
Harrisburg, PA 17112
I/] V i,
l- ara A. Boyanow 'i'
Attorney for Petitioner
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MICHELLE L. ALLISON I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
V. I
I
DENNIS D. ALLISON I NO. 96-2132 CIVIL TERM
.
.
I CIVIL ACTION - LAW
ORDER OF COU.!i'r
AND NOW, this 28th day of JULY, 1997, the sheriff of
Cumberland County is directed to return to Dennis D. Allison all
firearms taken from him as a result of a final protection from
abuse order dated May 30, 1996. This order has not been
extended.
Mr. Allison shall contact the sheriff's office for the
procedure to be followed in the return of the firearms.
B he Court,
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H rold E. Shes
COI Cara A. Boyanowski, Esquire
Dennis Allison
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