HomeMy WebLinkAbout96-02227
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The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff's requAst and without pre-payment
of fees, but service may be accomplished under Rny 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 ma ii,
The Hampden Township Police Department shall be provided
with a certified copy of thiK Order by the plaintiff's attorney,
This Order shall he enforred by any law enforcement agency where
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a violation o('rurs by ,~rrest 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 the order. When
that court is unavailable, the defendant shall be taken before
the appropriate district justice, (23 Pa, C,S, ~ 6113).
By the Court,
~(!hU
U . Ju .',
A~GELA M, MVERS,
PI a inti ff
TN THE COlIRT OF ('()MMO~ PLEAS OF
CI1MBER[,A~D COlJ~TY, PENNSYLVANIA
v,
NO, 96-
CIVIL TERM
JEFFREV A, GROJAN,
Defenoant
PROTEC'l'TON FROM AAIISR
AND CUSTODY
NOTTCR
Vou have been RUeO j n COlJrt, If you wiRh to defend against
the claims set forth in the following pages, you must take action
prompt! y a Her this Pet i t ion, Order and ~ot ice are served, by
appearing personally or by attorney at the hearing scheduled by
the COllrt and present I ng to t he Court YOllr de f enses or obj ect ions
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 claimerl in the Petition or for any other claim or
relief requeRtec'l by thA plaint iff, VOlJ may 10SA money or
property or other rights important to you,
f!lRS ,,.,(O..cOSTS
If the case goes to hearing and the judge grants a
Protection Order, a surcharge of $25,00 will be assessed against
you, Vou may also be required to pay attorney fees to Legal
Services, Inc, for thf'ir repr"Hlp.nti'lt ion of the plaintiff,
You should take this paper to your lawyer at once. If you
do not. have a lawyer or cannot a f ford one, go to or telephone the
office set. forth below to fint) Ollt where YOII can get legal help.
('()IJRT AT1MINTSTRATOR, Hh FT,OOR
('IJMAF.RLANT1 COUNTY rnORTH01JSR
CARLIST.F:, PENN,'VT.VANTA 17011
TF:LEPH!lNF: Nl/MRER: (717) 240-6200
AHERre':ANll WTTH OTSAAH,TTTES ACT 0' 1990
The ('nUt' rof r'ommon Pl"i'lg of Cumh",rJ.i'lnd County i8 required'
hy Ii'lW ~o C'nrnply with th" Arnerir-"ns with T1isahilities Act of
1'1'10, Fnr infntm"tjnn "hollt ""'C'es,,,ihJ.e fi'lcilitifls and re..onebl.
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a('(~nmmr)o'li'ltjnns ,~v"ililhl" to (lis,~hle(1 inrlividllals having bu.!n...
h..fnr", th" "l1l1rt, pl"as" ('nnti'lr'.t ()lIt nffj('P. "11 arrange..nt.; "
IlII1Rt h.. llIilCl.. M I,f.""t 7';1 hnllrf< prior ~0 any hflaring or bu.tn... '..',. I,.
b"(0r" th.. ('nil, t " ,,,
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II. On or about April 17, 1.996, thl'! defl'!ndant came
into thl'! plAintiff's residenc:I'!, ripped a phone nllmber
out of the plaint iff's hand, tore it lip so that she
cOllld not call her nl'lighhor for help, and threatened to
smash her hl'!ad in," ThO! defendant grabbed the
plaintiff and pushed her causing her to land on the
stoVl'l and hit her head against the cabinets. The
defendant told the plaintiff that he would haunt her
and that she would regret breaking up with him. The
nl'!xt day, the defendant called the plaintiff numerous
times and on one occasion, told her that he would come
over on his lunch break and kill her, cauBing the
plaintiff to fear for her safety. The plaintiff
contacted thl'! Hampden Township Police. The defendant
continued to call the plaintiff approximately 41 times
that day,
b. In or around November 1995, while the plaintiff
and defendant were arguing on the telephone, the
defendant threatened that if she hung up, he would come
over and kill her and her son, and that he would blow
up her trailer and screw up her car. Several minutes
later, the dpfendant came to the plaintiff's residenc.,
punchl'ld the plaintiff in her thigh with his fist,
fol1.owad hl'lr into the kitchen, and hit her in the sid.
of thE> hE>ad with his knuckles, When the plaintiff w.nt
to answar thp. telaphone, thl'! defendant crushed tb.
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answering machine tape in his hand. The plaintiff told
her son to go to the neighbpr's and tell them to call
the police, The defendant called his parents, and as
he was talked to th~m, the plaintiff yolled for h~lp,
The defendant kicked her in the rihs, The plaintiff
suffered bruising and pain,
c, In or around September 1995, while the plaintiff
and defendant were In the car, the defendant ~ushed the
plaintiff's head against the passenger window causing
her face to hit they window. The defendant hit and
grabbed the plaintiff's arm during the drive home,
Later, the defendant grabbed the plaintiff's hand and
twisted it, causing her thumb to crack reSUlting in
pain,
d, Since 1994, the defendant has abused the plaintiff
in ways including, but not limited to, the following:
Trapping her in a room so that she could not leave;
throwing, grabbing, and hitting her. On one occasion,
the defendant sat on the side of the bed with a hammer
in his hand and told the plaintiff that he should smash
ber in the head with the hammer, causing her to fear
for her safety, Tn approximately August 1994, while
the plaintiff was two months pregnant, the defendant
threw the plaintiff to the ground and threw her into
the car when she tried to run.
5, The plaintiff believes and therefore avers that she is
in immediate and present d~nger of abuse from the defendant and
that she is in need of protection from such abuse,
6, The plaintiff 'I'll'!irel'! that the defendant be prohibited
from having ~ny direct or indirect contact with the pl~intlff
ineludin'}, but not. limit'l') tn, telephone Ilnd written
eommunit:ationl'!,
7, The plaintiff d'll'!irPR that t.he defendllnt be enjoined
from hllrasl'!lna Ilnd I'!tlllkina the pllllntiff, and from haral'!sing the
plaintiff's relativeI'!,
8, The plaintiff desires that the defendant be restrained
from entering her place of employment,
9, The plllintiff desireI'! thllt the defendant be enjoined
from removing, damaging, d'lstroying or selling any property owned
hy the plaintiff.
R,___B.~~.I&SJ:.'{R.. P.9SllBS1UP~
10. Th'l mobile home from which the pla.intiff is asking the
Court. to exclude the defendant is owned in the name of the
pl~intiff,
C-,_._A'I'TORNB.'LlJUHl
11, The plaintiff asks that the defendant be ordered to pay
reasonable attorney fees to Legal Services, Inc,
12,_ ...'l'J!HPQ~"'J~y_r,I1~'I,'QQ,(
The plaintiff seeks temporary custody of the following
12,
child:
N!lm~
ErJHtllll,t .1!,l!.!!! 1 ci ~Jlce
b9.f'l
Nathan T, Grdjan
6280 Carlisle Pik~, Lot 407
Mechanicsburq, PA
1 yr.
The child waR born out of wedlock,
The child is preRHntly in the custody of the plaintiff
who resides at 6280 Carlisle Pike, Lot 407, Mechanicsburg,
Cumberland County, Pennsylvania,
nuring the rhild's lifetime, he has resided with the
fOllOWing perRons and at the fOllOWing addresses:
!'iaJJ!f'!
plainti,ff "
Bratt Myers
(plaintiff's son)
The plaintiff, the mother of the child, is ANGELA MYERS,
~-qgHLfJ.S...!1!
6280 Carlisle Pike
Mechanicsburg, PA
Dates
4/14/95 - present
currently residing at 6280 Carlisle Pike, Lot 407, Mechanicsburg,
Cumberland County, Pennsylvania,
She is Single.
The plaintiff currently resides with the following persons:
Nam~
Bret t Myers
Nathan Ordjan
.I!elat ionslli
Son
Son
The defendant, the father of the child, is JEFFREY A.
GRDJAN, currently residing at 6280 Carlisle Pike, Mechan1csburg,
Cumberland County, Pennsylvania,
He iA single,
13, The plaintiff has not previously participated 1n any
litigation concerning custOdy of the above mentioned child in
this or any other Court,
14, The plal.lltitf has no knowledge of any custOdy
proceedings concerning this child pending before a c~urt 1n thie
or any other jurisdiction.
15. The pia inti ff does not know of any parson not a party
to this action who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
16. The best interests and permanent welfare of the minor
child 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 child and who has provided for
the physical and emotional needs of the child since his
birth,
b, The defendant has shown by his abuse of the
plaintiff that he is not an appropriate role model for
tbe minor child.
WHERBFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7,1976,23 P.S. !I 6101 .l11.tl1., as
amended, the plaintiff praY8 this Honorable Court to grant the
following relief:
A.
Grant a Temporary Order pursuant to the
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"Protect.ion from Abuse Act:"
1, Ordering the defendant to refrain frolll
abusing the plaintiff or placing her in fe.r~of,
ahuse;
2. Ordering the defendant to refrain
any direct or indirect contact with the
including, bllt not limited to, telephone and
written communications;
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;
5, Prohibiting the defendant from removing,
damaging, destroying or selling property owned by
the plaint.iff;
6, Ordering the defendant to stay away from the
plaintiff's residence located at 6280 Carlisle
Pike, Lot 407, Mechanicsburg, Cumberland County,
Pennsylvania, and from any residence the plaintiff
may establish for herself in the future;
7. Granting temporary custody of the minor child
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 or placing her in fear of
Ilbuse,
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2,
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Ordering the defendant to refrain from h_vin9
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~ny direct or indirect. contact with the plaintilf
Jndlldi.ng, hilt not 1 i.mit9ri t.o, telephone and
written communicRtionR,
3. Ord~ring the defendAnt to refrili.n from
haraRaing and atAlklng the plAintiff and from
harARRing the plAlnt.iff's relAtives,
4, Prohibiting the defendant. from entering the
plaint.iff'R plAce of employment,
5, Prohihiting the defendant from removing,
damaging, destroying or selling property owned by
the plRintiff.
6. Ordering the defendant. to stay away from the
plaintiff's residence located at 6280 Carlisle
Pike, Lot 407, Mechanicsburg, Cumberland County,
Pennsylvania, and from any residence the plaintiff
may establish for herself in the future.
7, Ordering the defendant. t.o pay reasonable
attorney fees to LegAl Services, Inc.
The plaint.iff fllt'ther asks that this Petition be filed and
served withollt payment of feeR and costs by the ~laintifI,
pending a fllrther order at. the h9aring, Rnd that a certIfied copy
of t.his Pet.ition anri Order be delivered to the Hampden Township
Police DepArtment. who haR jurisdiction to enforce this Order.
The plaintiff prays for slIch other relief as may be just and
proper.
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COUNT II
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G.!1.G,T!ID), Jmn~R PJU:UC~YJN""U,_(il/~'J'C)J)Y lIAW
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17. The allegations of count I above are incorporated
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herein as if fully set forth,
18, The best interest And permanent welfare of the minor
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child will be served by confirming custody in the plaintiff a~
set forth in Paragraph 16 of the Petition.
WHEREFORE, pursuant to 7.3 P,R. g 5301 ~~ ~~" and othel
The plaintiff prays for such other relief as may be just and
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applicable rules and law, the plaintiff prays this Honorable
Court to award custody of the minor child to her.
proper,
Respectfully submitted,
,
l'
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(i~'') ~
,.> -:C/1 t. i " LJ ( ( ,
han--Earey t -
/Attorney for plaintiff '
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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