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Home My WebLink About00-02441 -", ,'" __ "'-L- -.h.drE- cL,6.L AXSJ- s:'''9,...)*-~' t:IA-~ do I '..x;: . {:J.rvtwd.LcC t>ei.~ .- C' __ ".,~, " 1- " ' ,,- , -".u,," '_-, .'- ~-',' "r.~_",~",,, ,''',-c.""".'_,,,' ;,'-,..",.~".-, """""'",,i' ,-" h'~c~"'~'-- '-""-'-''''',~" "~~~><,~-" ., " __ ",,;, : CUMBERLAND COUNTY, PENNSYLVANIA i " ,. I I I , i I I i I I I , i I I I I Tina Marie Kassam, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. Michael E. Mattesky, Defendant : NO. 2000- .;244/ CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Michael E. Mattesky Defendant's Date of Birth: April 26, 1969. h Defendant's Social Security Number: unknown Name/s of Protected Persons: Tina Marie Kassam Brianna Mattesky, minor child AND NOW, this day of ,2000, upon consideration ofthe attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: rn> 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. i , i t,: , " i r-; , o 2. Defendant is evicted and excluded from the residence at or atly other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. 1:29 3. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 ofthis Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiffs current residence, and any other residence she may, in the future, establish for herself, her school, business, and/or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: 170 Opossum Lake Road Carlisle, PA 17013 ~= ..' '" ,',"j' ,,' .e". ~' ,c,,,.,.,.-,,',,,,,,.~,,., . "~',~",._. ,.", , """"~"'~.""'~.~'"""'.'".",.., ~ 4. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. , L I I I I I. I ~ 5. Pending the outcome of the fmal hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Brianna Mattesky Until the fmal hearing, all contact between Defendant and the child/ren shall be limited to the following: Contact between Defendant and child/ren is suspended pending further Order of Court after the hearing scheduled in this matter. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this Order. ~ 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: Blow gun and any and all other weapons in Defendant's possession. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any 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 Defendant by mail. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff and/or the child/ren in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff and/or child/ren except by further Order of Court. 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 Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or minor child/ren. ~ Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of (where Defendant resides) and the sheriff of Cumberland County. I l I I I l' i I i ~: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives or the minor child/ren. I ; I !i FOR JUVENILE DEFENDANTS: In the event that an arrest is made, the arresting officer shall file a complaint with the JUVENILE COURT. The provisions relating to detention shall be addressed to the on-duty probation officer, and the matter shall be scheduled promptly for processing, adjudication and disposition with the judge scheduled to deal with juvenile matters. 129 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: ii: I ~ : ~ i-:! I' " i L t.; , ! Pennsylvania State Police 1538 Commerce Avenue Carlisle, P A 17013 Carlisle Borough Police Department 53 West South Street Carlisle, PA 17013 if I::' 'i' I"~ i~ 129 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER. 129 ANY PRIOR ORDER RELATING TO CHILD CUSTODY i ~~ ,I,: I~' :1 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months injail. 23 Pa.C.S.g6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.g6113. Defendant is furthernotified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and - .- - . ~- ~'". O~_ ,_ _ _. ~_ _ - w_ ~ ,__, ~"'~~~ =~"~.~~~~<'O.=~ .' - ~-~,-~"' 'd.' " -" , :':j i' ,; I': penalties under the Violence Against Women Act, 18 U.S.C.gg226l-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. ;!1 ii) ri' I I '" ji! NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiffs residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs I thtough 6 of this Order, Defendant may be arrested on the charge ofIndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. ;ii i', r: I: i I':; ': '" Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Ii] 1',' il 1 ~~ I" , "I ~,! BY THE COURT, 1. I' .,. -.~",~.," , ." .,",'_'. ., _,,_ ,~__,_","",~,.__,,~- '. 'n.-., ,_, , .,"' ",' 'q --' '" ;,: :_~'__"'~ '.i<'..-""~,,,,~"~;;;,- ..",.,,, "'"n",~~~"",,~,,~''~''-''' ~' -,' _,"_"',_w_ Tina Marie Kassam : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000- ;? 'NI CIVIL TERM Michael E. Mattesky, Defendant : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. lfyou wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the _ day of, 2000, at _.m., in Courtroom No. of the Cumb~rland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge ofindirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside ofthe state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~ 2261-2262. You should take this paper: to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. 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 get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 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 the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ,.;,,~, ., ii [~ ~,. , I I: , I: i' ii I I: i:i i1 I' h H i'l I' " :1 Ii " ii i.J _ _ .w~. .. , ~.- , Ii 1-; ! i I ~ Tina Marie Kassam, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- .i WI r CIVIL TERM Michael E. Mattesky, Defendant : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE I. I; i i r r' i~ t; COUNT I I. Plaintiff is Tina Marie Kassam. 2. This Petition is filed on behalf of Tina Marie Kassam, Plaintiff, and Brianna Mattesky, who is Plaintiff's minor child. Ii I. i" 3. The name/s of the person/s who seek/s protection from abuse is/are: Tina Marie Kassam and Brianna Mattesky, minor child. i i" , 4. Plaintiffs address is: 170 Opossum Lake Road Carlisle, PA 17013 5. Defendant's address is:. 403 North Bedford Street Carlisle, P A 17013 Defendant's Social Security Number is: Unknown Defendant's date of birth is: April 26, 1969. Defendant's place of employment is: Unknown Defendant is not 17 years old or younger. 6. Defendant is father of Plaintiff's child Brianna Mattesky. 7. Plaintiff and Defendant have been involved in the following court actions for divorce, custody, support, or protection from abnse: Case name Kassam v. Mattesky Case No. ? Date filed 7/99 Court of Common Pleas El Chaon, California ',,',-', ""'"i 8. Defendant has been involved in the following criminal court action: various, details unknown. Defendant is currently on probation in Cumberland CountylProbation Officer Greg Richardson. 9. Plaintiff seeks temporary custody of the following child/ren: Name Brianna Mattesky Address 170 Opossum Lake Road Carlisle, Pa 17013 Birthdate 6/28/1998 10. Plaintiff and Defendant are the parents of the following minor child/ren: Name Brianna Mattesky Age 170 Opossum Lake Road Carlisle, Pa 17013 11. There is an existing Court Order regarding custody of the parties' children, entered by the Cumberland Court, which provides as follows: Agreement between the parties but no knowledge of whether Court Order entered, and therefore The following information is provided in support of Plaintiff's request for an Order of child custody: a) The child was born out of wedlock. b) The child is presently in the custody of Plaintiff, Tina Marie Kassam, who resides at 170 Opossum Lake Road, Carlisle, Cumberland County, Pennsylvania. c) During the past five years since her birth the child has resided with the following persons and at the following addresses: Persons child lived with Address When Parents (father in/out of jail) 403 N. Bedford St. Carlisle, P A 6/98 - 5/99 Mother and friend San Diego, CA 5/99 - 7/99 Mother San Diego, CA 7/99 - end of 9/99 Esther Nester, Chip Nester Sabrina Kassam, Mother 170 Opossum Lake Road Carlisle, P A 9/99 to present -~, ~" , --,~--,,~,- ,-~'~, 'co."" ~____ --~-'-~",,,,,,,_ 'r._"""'''-'__'~_r~~'",","",'"",,'_~_''''~'-'_;'"_~_-- _ '-' -~;I d) Plaintiff, the mother of the child, is, currently residing at 170 Opossum Lake Road, Carlisle, Cumberland County, Pennsylvania. e) She is married, but separated since March 1997. t) Plaintiff currently resides with the following persons: ~ Esther Nester Chip Nester Sabrina Kassam Brianna Mattesky Relationshio Mother Brother Minor child Minor child Ii: I"~ [H 'I' > I:; j,: g) Defendant, the father of the child, Brianna Mattesky, is currently residing at 403 North Bedford Street, Carlisle, Cumberland County, Pennsylvania. h) He is single. i) Defendant currently resides with the following person/so ii I, ~: t ~ 'I' Name Relationship Believed to be living alone j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. k) Plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. I) Plaintiff does not know any person 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. m) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: I) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since her birth, and who can best take care of the minor child. 2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor child. 3) Defendant's behavior has adversely affected the child. . --=^" -'" ~'~ "".- .. ~ ,~~--=-~ ~- ,_. -,- ,~~~~,~., .~ ~~~--~",~--,-.- - ',' -', , I I , ~ ; 12. The following other minor child presently lives with Plaintiff: Name Sabrina Kassam Age 9 years Plaintiffs relationship to child Mother ~; i, Ii Approximate Date: April 4, 2000 Approximate Time: .m. Place: Carlisle, Cumberland County, PA , Ii " I-! n ,. I' 1; i' , 13. The facts of the most recent incident of abuse are as follows: >,; t jj On or about April 3, 2000, Defendant called the Plaintiff repeatedly and tln:eatened to call the police if she did not bring Brianna to see him immediately. Further, he even tln:eatened to commit suicide to induce her to go in to his house with Brianna. In addition, on the following day he continued to call the Plaintiff repeatedly. ,: ii :~ : I, }] i1 11 Ii H I'; i! I i I: I ji 14. Defendant has committed the following prior acts of abuse against Plaintiff or the minor child/ren: a) On or about the end of March 2000 at Defendant's home, Brianna was slamming the door. She was told to stop and Brianna responded, "no." Defendant slapped the child and was going to slap her again when the Plaintiff told him not to. The Defendant slapped the Plaintiff in an effort to show her how hard he had slapped the child. b) During the month of February the defendant became aggravated by the child Brianna's infatuation with Barney the dinosaur and smashed the child's Barney tape. c ) Since approximately late 1998, Defendant has abused Plaintiff in ways including, but not limited to, grabbing, slapping, choking, throwing objects such as a knife into the wall in anger, burning her, pinning her against walls, controlling her, tln:eatening to kill her 15. Defendant has used or threatened to use the following fuearms and/or specific weapons against Plaintiff or the minor child/ren: No specific threat. Plaintiff believes Defendant has a blow gun in his possession. 16. The following police department/s or law enforcement agency/ies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Peunsylvania State Police 1538 Commerce Avenue Carlisle, PA 17013 Carlisle Borough Police Department 53 West South Street Carlisle,PA 17013 "', ~~. ",.,.~ --. -~--~,-. -' - ~--~,. ~. mo" _""0 ,_.."... ii; ! 17. There is an immediate and present danger of further abuse from Defendant. 18. Plaintiff is asking the Court to exclude Defendant from the residence at 170 Opossum Lake Road, Carlisle, PA, which is owned/rented by Esther Nester, Plaintiff's mother. I] I: I: j ~ 19. Defendant owes a duty of support to the minor child. 20. Plaintiffhas suffered the following out-of-pocket financial losses as a result of the abuse described above: N/A i" j:- , ! WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: i, i, A: Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child in any place where she/he/they may be found. B. Exclude Defendant from Plaintiffs current residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. D. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: . Contact between Defendant and child/ron is suspended pending further Order of Court after the hearing scheduled in this matter. E. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiff's current residence, and any residence she may, in the future, establish for herself, her school, business, and/or her place of employment, and/or the daycare facility ofthe parties' minor child/ren, except for the limited purpose of communicating custody arrangements and/or transferring custody. F. Prohibit Defendant from having any contact with Plaintiffs relatives and or Plaintiff's child/ren listed in this Petition, except as the court may f"md necessary with respect to partial custody and/or visitation with the minor child/ren. G. Order Defendant to temporarily turn over firearms and/or weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or " ,<. '. _=_" .0 '" ~..~ ., -...' , Om_ "",.""~,,,_.,,~_., ,,~_<^ < _~"__' ,j II possessing any such firearms and/or weapons for the duration of the Order. H. Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical support and payment of the rent or mortgage on the residence. I. Direct Defendant to pay Plaintifffor the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. J. Order Defendant to pay the costs ofthis action, including fIling and sen>ice fees. K. Order the following additional relief, not listed above: Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the. return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. i I II :1 II ',I' , ; II II !I II ~ II Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives and/or the minor child/ren. L. Grant such other relief as the court deems appropriate. M. Order the police or other law enforcement agency to sen>e Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be sen>ed. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 21. The allegations of Count I above are incorporated herein as if fully set forth. 22. The best interest and permanent welfare of the minor child/ren will be sen>ed by confirming custody in Plaintiff as set forth in paragraph 10 of the petition. ,'k__ ,,,"~-~" L~~ "; "'~-~"'<';",^_ "__'~ _ ,'.-~_"_,,,~,_-,,_". );" . WHEREFORE, pursuant to 23 Pa.C.S.~5301 et. sea., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody ofthe minor child/ren to her. Respectfully submitted, Date: yr I ~ - 6 0 ~~ Karl E. Rominger, Esquire Counsel for Plaintiff 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ill #81924 , . .,"" ~;..-.' ,"'-'<-c', ,~. -''',''-= .,",'~-'--_o.~ ,"-"-" . "' ",'-<"" ,-"_ _' '-"_i _ '"' . ,t, . VERIFICATION I verilY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904, relating to unsworn falsification to authorities. Dated: y I? /:JuCJO ~ J~ 7114UA~ /(~ Tina Marie Kassam, Plaintiff