HomeMy WebLinkAbout96-05557
PI! I, t.y ,1. 1I0,d. I n~ ,
1'1/1 Int. i 1'1'
IN THE COURT OF COMMON PLEAS OF
v,
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96- 5:~='i-'7CIVIL TERM
.lpffl'(~Y r. "'r'/ty(,r',
De!'endant.
PROTECTION FROM ABUSE
AND CUSTODY
AND NOW, t.hl"
TEMPORARY PROTECTION ORDER
:tt.
~~ day of October, 1996, upon
pr......nl.al.loll "'Hi conHideration of the within Petition, and upon
f'i,"llnl! t.hllt. th" plaintiff, Patty J. Roeting, now residing at an
IIndl"clo",,,1 local.ion is in immediate and present danger of abuse
from t.h.. d..f"ndant., Jeffrey p, Trayer, the following Temporary
Ord'H' I" "nl.",'ed.
Law enforcement agencies, human service
agencl"" and "chool districts shall not disclose the presence of
t.tl<' plalnt.iff in t.he jurisdiction or district or furnish any
addr.."", t.el"phone number, or any other demographic information
ahollt. I.he plalnti!'f except by further Order of Court.
The def"ndant, Jeffrey P. Trayer, (SSN: 174-54-4068 and date
of birth: 4/13/63) now residing at 69 Cherry Lane, Carlisle,
Cumberland Count.y, Pennsylvania, is hereby enjoined from
physicRlly abusing t.he plaintiff, Patty J, Roeting, or placing
her in fear of abuse.
The defendant is ordered to st.ay away from the plaintiff's
current. residence which is not. owned or leased by the defendant,
Dnd any other residence the plaintiff may establish.
The defendant is ordered to refrain from having any direct
or indirecl. contact with the plaintiff including, but not limited
to, t.elephone and written communications, except for the limited
purpose of facilitating custody arrangements.
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.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned solely by the plaintiff.
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa.C.S. g6113; ii) a private criminal complaint
under 23 Pa.C.S. g6113.1; Iii) a charge of indirect criminal
contempt under 23 Pa.C.S. g6114, punishable by imprisonment up to
six months and a fine of $100.00-$1,000.00; and iv) civil
contempt under 23 Pa.C.S. g6114.1. 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 and can be extended beyond its original
expiration date 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.
Temporary shared physical custody of Jeffrey R. Trayer is
hereby awarded to the plaintiff, Patty J. Roeting, at times
consistent with her work schedule.
A hearing shall be held on this matter on the /71:11 day of
October, 1996, at
q,'(/u
.m., in Courtroom NO.~, Cumberland
County Courthouse, Carlisle, Pennsylvania,
"" h",_
.-
Patty J. Roeting,
Pia inti ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-
CIVIL TERM
Jeffrey P. Trayer,
Defendant.
PROTECTION FROM ABUSE
AND CUSTODY
NOTICE
You have been sued in court. If you wisb to defend against the
claims set fortb in the following pages, you must take action promptly
after t.bis Petition, Order and Notice are served, by appearing
personally or by attorney at the hearing scheduled by the Court and
presenting to tbe Court your defenses or objections to the claims Bet
fortb against you. You are warned that if you fail to do so tbe 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 rigbts important to you.
FEES 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 take 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 gel; 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 tbe court,
please contact our office. All arrangements must be made at least 72
hours prior to any hearing or business before the court. YOll must
attend the sched\ll.eej conference or ~\earing.
acts toward the plaintiff inclllding following Lhe plaint.iff
without pI'oper AtJI.tlor'izalion, under' c:ir(:llmsLltnces wtlich tlnve
placed the plainti rr in rcasonnblp fear' of bodily injury. This
has included, hilt. is not. Umlted t.o, Lhe following specific
ins lances of abuse:
a. On or Ilbou t Sept.embe I' 26, J 996, t.he de fend an t came
to the plaintiff's place of employment and repeatedly
drove back and forth in t.he parking lot. causing the
plaintiff to fear for her safet.y. When a co-worker
came to see I f the plaint.i f f was all I' Igh t, the
defendant stopped his truck, jumped out, got in the co-
worker's face threatening to harm him, called the
plaintiff vile names and threatened to "deal with her"
causing her to fear for her safety. When the plaintiff
tried to go back Into the bUilding, the defendant
grabbed her by the hair and pul1ed her towards him
causing her neck and head to be sore. When the
defendant let. go, the plaint.iff fled into the building,
called the SLIver Springs Township Police, and the
defendant sped away In his truck. When the plaint.iff
and a co-worker went back outside to wait for the
police, the defendant returned, got out of his truck,
and threatened the co-worke!'. The Si lver Springs
TownshIp Police Depart.ment arrived, cited the defendanL
for harassmRnt and Innde the rlerend;lnt~ leave the area so
2
t.he plaintiff could leave safp]y.
b. On or about. July 2R, 1996, Ull' ,jpf..ndant. became
angry at. t.h.. plaint.iff and kick..d a coffpe t.able HO
that it. hit thp plaint.iff. When U", plaintiff got up
to call t.he p~] ice, t.he defendant. grabbed her by t.he
t.hroat Hhoved her into a c.;bail' Hlld away from It phone,
and l'i pped the cord ou t. of t.he wall severing the cord
so t.he plaint.i ff could not call fOI' help.
c. On or about. .June 26, 1996, t.he defendant. knocked a
friend of t.he plaint.iff's t.o t.he ground and repeat.edly
punched him. Fearing for her safet.y, she ran for help
and ret.urned t.o her residence, Short.1 y thereaft.er, the
defendant came to her residence, screamed at her
calling her vile names, and threw her girlfriend out of
the house causing t.he plaint.iff t.o fear for her safety
and 1.0 call the police,
d. On several different occasions since 1987, the
defendant has grabbed the plaintiff by her throat, arms
and hair, restrained her, and repeatedly threatened to
harm her. On one occasion several years ago, he
threatened her by pointing a gun at her,
6. In or about the end of Sept.ember 1996, the plaintiff
left her residence at 69 Cherry Lane, Carlisle, Cumberland
County, Pennsylvania, in order to avoid further abuse.
7, The plaintiff believes and therefore avers that she is
3
in immediatp Hod present dangPJ' of al)\ISP from t,hf' th.fpJHluuL Hnd
that. she is in need of pr'oLf'ct.ioll fr'om slIch ailllsl'.
8. The plainU ff de",ire" t.hat. !.II<' defendant I.., I'r'ohihi t.N]
from having finy dirnct OJ' indir'eeL ennt.act. with t.hp plaint.iff
including, but. not limited to, Lelel'honE-~ and writt.ell
commlJnjcntions, except for the] jmjtrd pLlrpOS(' of fnr'il itnting
custody arrangements.
9, The plaint.iff desir'e" t.hat. t.he defendant. bp enjoined
from hara""ing and stalking the plaintiff, and from harassing the
plaint.iff's relative",
10, The plaintiff desires t.hat. t.he defendant. be rest.rained
from entering her place of employment,
11. The plaintiff de"ir"s t.hat. the defendant be enjoined
from removing, damaging, destroying or selling any property owned
solely by t.he plaint.iff,
R. EXCl.USIVE POSSESSION
12. The home which the plaintiff is asking the Court to
order the defendant t.o stay away from is not owned or rented In
the defendant's name,
13, The defendant has his own residence located at 69
Cherry [,ane, Carlisle, Pennsylvania.
c. REIHRURSEHENT FOR COST OF CASE
14. The plaintiff a"ks that the defendant be ordered to pay
$250.00 1;0 rei,mbllrse one of I~egRl Services, Jnc.ts funding
sources for the cosl: of lit~igal.jng t.tlis case.
4
IL- TF.!lPORARY CUSTODY
15. The l)l/lirlt.iff s{!eks t.E'nlpC)rar'y shur"eel (~uslody of t.l1P
following chi ld:
Name
PreHent. ReHiderlce
AJl:e
Jeffrey R. Trayer
69 Chert.y Lane
Carlisle, PA
11 yr's. old
DOB 12/24/85
The child was born out of wedlock,
The child is presenLly in the custody of the defendant,
Jeffrey P. Trayer, who resides at 69 Cherry Lane, Carlisle,
Pennsylvania.
During the past five years, the child has resided with the
fall owing pe rsons and at. t.he fall owi ng addresses:
Name Addresses Dat.es
Plaintiff and 908 W, Trindle Rd. 1990 to
defendant Mechanicsburg, PA 1994
Plaint.iff and 69 Cherry Lane 1994 t.o
defendant Carli sle, PA 9/96
Defendant. 69 Cherry Lane 9/96 t.o
Carlisle, PA present
The plaintiff, the mother of the child, current.ly resides at
an undisclosed location.
She is single.
The defendant, the father of the child, currently resides at
69 Cherry Lane, Carlisle, Cumberland County, Pennsylvania.
He is single.
The defendant. currently resides wi th t.he following person:
5
Name
Bs. l~ t. i on'!.h--1.p
Jpffr'.,y R, T!'ILYP" son
16. The pjainl.i ff has not. p!'eviously pa!'t.icipat.ed in any
litigation concet'nirlg Cllstody of tile at>ove mentioned child irl
this O!' any ot.hp!, Cou!'t..
17. The plaint.iff has no knowledge of any cust.ody
proceedings conce!'ning t.his child pending before a court. in t.his
or any other jllrisdiction.
18. The plaint.iff does not. know of any person not a party
to this action who has physical custody of the child or claims t.o
have cust.ody or visit.ation rights wit.h respect. to t.he child.
19. The best int.erest.s and permanent. welfare of t.he minor
child will be met if temporary shared cust.ody is granted t.o t.he
plaintiff pending a hearing in t.his matt.er for reasons including
the fact that. the mother has a loving relat.ionship with the child
and it is in the child's best int.erest to continue that
relationship.
WHEREFORE, pursuant to t.he provisions of the "Protection
from Abuse Act." of October 7, 1976, 23 Pa.C.S. ~ 6101 et seq" as
amended, t.he plaintiff prays t.his Honorable Court t.o grant. the
following relief:
A. Grant. a Temporary Order pursuant to the
!'Protection from Abu~e Act:"
], Ordering the defendant to refrain frolll
abllsing the plaintiff or placing he!' in fear of
6
abusp,
2, Ordering the defendant t.o refrain from having
any direct. or indirect. contact wit.h the plaintiff
including, but. not. I imited to, telephone and
writt,en communicat,ions, except to facilitate
CllHtody ~rt'angemenls,
3. Ordering t.he defendant to refrain from
harassing and stalking the plaintiff and from
har'RRsing the plainliff'H 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
solely by the plaintiff.
6, Ordering the defendant to stay away from the
plaintiff's current residence which the parties
have never shared, and any other residence the
plaintiff may establish,
7. Granting t.emporary shared custody of the
minor child to the plaintiff at times consistent
with her work schedule,
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
7
abusing Lhe plaint.i fr Of' placing hef' in fear of
abuse.
2. Or'der'ing t.1H' dpfenda.nt t.o r'c-frain from having
any direct or indirect contact with the plaintiff
including, but. not. I imi t.ed La, Lelephone and
written communicat.ions, except. to facilitate
CllsLody Kr'I'angemenls.
3. Ordedng thp defendant t.o refrain from
harassing and stalking the plaintiff and from
harassing t.he plainLiff's relat.ives.
4. Prohibiting t.he defendant. from entedng t.he
plaint.iff's placp of employment..
5. Prohibit.ing the defendant from removing,
damaging, dest.roying or selling propert.y owned
solely by Lhe plaintiff,
6. Ordering t.he defendant t.o stay away from the
plaint.iff's current. residence, which the parties
have never sharerl, and any other residence the
plaint.i ff may est.abl ish,
7, Ordering t.he defendant. to pay $2fiO.OO t.o
reimbllrse 0110 of [,egal Services, Inc. 's fllnding
sources for t.he cost. of litigating t.his case.
The plaintiff fUI't.her asks t.hat. t.his Pet.it.ion be filed and
served wit.hout. payment. of feps and cost.s by the plaint.iff,
pending a furtber order aL the hearing, Bnd that. cert.ified copies
R
The above-named plaintiff, Patty J, Roetlng, verifies that
the statements malie in the above Pelition Rloe true and correct.
The plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
Date:
/"/7/ri(
.'
, ~L
1;(fj// ~' .
Patty J, Roeting.'7Plaintiff
L
R. This ()nh~r' shall f"f'lI1ain in pff('cL for' it {H->f'iod of nnp
yel1r' or' unt.il modi f'if'd nr' t,','minat.ed by !'he COU['t..
The Order can
be extended beyond j ts rl['i~lllal expi ,'aLion daLF.' if t.he C0Ul'L
finds t.hat. t.he defendant. has commit.t.ed another act. of ahuse or
has engaged in El IH.lLLt"'1I or' p,'acLice that indlcaLps continuerl
dsk of har'm t.o the pla;nt.i f'f,
9. This Order may subject Lhe defendant 1.0: i) arr'est.
under 23 Pa,C.S. ~611:l; i i) a privat.e criminal complaint under 23
Pa.C.S. ~6113,l; iill " chargp of indirect. criminal cont.empt
under 23 Pa.C.S, ~6114, punishable by Imprisonment. up t.o six
mont.hs and a fine of $100.00-$1,000.00; and iv) civil cont.empt.
under 23 Pa,C.S. ~6114,1,
RcslJmption of co-residence on the part
of t.he plaint.lff and defendant. shall not. nullify t.he provisions
of t.he court. order,
10, The approprlat.e police depart.ment. shall be provided
with a certified copy of t.his Order by the plaint.iff's attorney
and may enforce lhis Or(ler' by 'lrrest for inl1irecL crinlj.nal
cont.empt. without. warrant. lIpon prohable calise that. t.hls Or'der bas
been vJolnted, whet~tler' or' rlot~ the vlolaLiorl is committ.ed ill the
presence of a polic0 officer. Tn t.he event. t.hat an arrest. is
made under thl s section, t.he defendant. shall he laken wi thout
unnecessary delay hefore the court. that issued the order.
When
t.hat cour't is unav1Jilublp, t.he d(->f('ndllnL shall hp taken before
the appropriat.e diRt.rict. jURtiCf!, (23 Pa.C,S. ~ 6113).
By t.he C:Oll 1't,
-x,- ' 1') ;.L
Kf!Vi?'A. HeRR, Judge
Joan Carey
At.torney for Plaintiff
u,M.-, p.M..ac- ~df... ~...........
Jeffrey P. Trayer J ) '~
Pro Se /a/I? 96 -..ea...v.
/
/
Palty J, Roeling,
Plainti rr
I N TilE COURT OF COflflON PLF.AS OF
CtlflllEHI.AND COUNTY, PENNSYI.VAN r A
v,
NO, ~l6-;,!i;;7 CIVIl. TF.Rff
Jeffrey p, Trayer,
De fendan t
PfIOTF.CT ION FllOff ARUSF.
AND CUSTODY
TF.MPORARY CUSTODY ORlHm
/'1-'
AND NOW, I.his
d}lY of October, 1996, upon being
informed that the plaintiff and the defendanl have filed
complaint.s for cust.ody under Civil Term No, 96-;,!i!i7 Hnd 96-5!i97
respectively, and 11lJUll L.,.IIJ~;dt':I(l,L:~HI of l.hc lHi-F.t~~.t rnno:.::r;>nt
-Abr<:cuu:::"L, trw following Ternpol';u'y Custody Order is enter'eel
pending further order pl'ovidlng; for' t.he following r'egfLrding
cust.ody of t.he part.ies' child, Jeffrey R. Trayer.
1. The part ieK shall hasp. stpl.red legal and physical
cust.ody of t.he child.
2, The mot.her's cust.ody schedule wit.h t.he child shall be
as follows: every Monday from aft.er school until 8:30 p.m, every
other weekend from Fr'iday aft.er school ullt.iJ Sunday at. 9:00 p,m.,
and ot.her times agreed upon by the pnrt.ies.
3. The mother, the maLer'nal gr'nndfaLher', or any ot.her
person agreed upon by t.he par'tics pr'ov ide transportaLion for t.he
tr'ansfer of eustody,
4. Ttle mottler and fal.tlPI', hy nlllt~llRl agreenlent, nlay vary
from this schedule al-. any L.imp, huL Lhp Order shall remain in
effect unLi 1 furLher' ordf'r' of court.
!i. Th" mol.her and fal.}",,' ag.."" t.hat ""ch shalJ not.Lfy the
'.
f>Hluhl ish, f'_,,\('ppl. for t.hr>) illli t.pd [lUt"POSP of LransfprTing
custody.
Thp rfl~fpndant. ~4hall remain in his vehiclp at. all times
dllr'ing I,hp Lr'ansfpr' of cllst.ody.
7. Tlu--' dE.fendant, al t.hough entering irlLo this Agr'PPIIlf.'nt,
noes not. admit the allp.gHtions made in the Pf~tit.ion.
8. Thp dpfendant. IITleler'stands that. l'.he Protection Or'rlpI"
entered in this matter will be in effpct for n period of ()Tle year
and can he ext.pnned beyond i l. or"iginal expi r'rtLion dale if the
Court finds that the defendanL has committed another act of abuse
or hFlS engaged in a pattern or" pr'act.ice that. indicates continued
risk of harm to the plaintiff. The defendant understands that
this Orner' will he enfoT'c:eal)l,e in the same manrler as t.he COllrt's
prior Temporary Prot.ection Order entered in this case.
9. Violatiorl of t~he Prot~ection Orner Inay subject t.he
defendant to: i) arrest. under' 23 Pa.C.S. g6113; ii) a pr'ivate
crimina] complaint. under 23 Pa,C.S, gRI13,1; iii) a eharge of
Indlreet criminal eontempt under 23 Pa,C.S. g6114, punishahle by
imprisonment lip to six months 'lnd 'l fine of $100.00-$1,000.00;
and iv) eivil contempt under 23 P'l,C.S, gR114.1,
10, Both the plaint! fr 'lnd Lhe defend'lnt have filed
complaint's for cusLody lindeI' Civil Term No, 96-fififi7 and 96-fifi97
respectively, 'lnd they 'lgree to the entry of a Tempor'lry Custody
Order which will remain in "ffeel. pending fllrth",' order aft.er
C:IlRtody coneiliat-.inn and whi(~h pr'ov"idps faT' the following
regarding cllstody of thedl' child, .J"ff,'ey R. Tr''ly"r:
fl,
The part. ie" "hall
hav(~ shar'pel Ingal al~,l
I . 1,)-:1.
l~ .J1.lLCl'l f~.Q.
custody of the child.
b. The moLher's CllStody schpdll'lp 'vi Lh the chi III shill I
be flS follows: every ~I()uday fl'om aftel' school unti 1
8:30 p.m., every ot.llcr' w0(~kend front Fr'id'lY after' sc:hool
until Sllnday at 9:00 p.m. 1 and other times as Ilgrepd
upon by the partie",
c. The rn()theT~f t.he maLer'nal gr'andfather, or any other'
person agreed upon hy the par'U"s sh"ll provide
tl'anSpOl'lalion for' I.tle t."'lnsfer of custody.
d, Th" mother and fat.her, by mut.ual agreement., may
vary fr'om this schel1tl1e at. arlY time, but the Order
shall remain in effect until further order of court..
e, The mot.her and fal.her agree that each shall not.ify
the ot.her immediately of medical emergencies which
arise while the ctlil.d j.s jn that paren1~ls care.
f. The mot.her and father realiHe that their child's
well being is paramollnL La any differences they might
have between themselves.
Therefore, they ogre" t.hat.
neither party shall do anyLhlng which may estrange the
child from the other parent, or injure the opinion of
Lhe chIld flS to I.h" other parent or whIch mflY h"mper
the free "nd nflLural dev"lopmenL of thee child's love or