HomeMy WebLinkAbout97-01614
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KATIILEEN ANN MAGARO,
Plaintill'
for herself and on behalf of her minor
children: STEPHEN C.R. MAGARO,
and EMILY R. MAGARO,
IN TilE COURT OF Cm.IMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
STEPHEN MICHAEL MAGARO,
Dclendant
NO. 97-JL~ Ij
CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
AND NOW, this ~ of
..JtAu.AY ,1997, upon prcsentation and consideration
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of thc within Pctition, and upon finding that the plaintiff, Kathlecn Ann Magaro, and the parties'
minor childrcn, Stcphcn C.R. Magaro and Emily R. Magaro, tcmporarily residing at an
undisclosed location for thcir protection and to avoid further abusc, arc in immediatc and prcsent
danger of abuse from the defendant, Stephen Michacl Magaro, thc following Tcmporary Ordcr is
cntered.
!.tni' 1.!/!fOrL'I.!IIII.!III/lXl.!lIcil.!s, 111/11I/111 SI.!/'I'i,'1.! /IXl.!lIcil.!.I'/Il1d school di.l'lricl.I' .Ihall 110/ disc/osl.!
Ihl.! prl.!SI.!IIL'1.! of Ihl.! p/ailllijf or Ihl.! c/li/drl.!lI illlhl.! j/lri.11/iclioll or dislriL'1 orf/lmish lII!)'addrl.!.I:I',
Ie/I.!pl/lllll.! /lI/lIIhl.!r, or allY olher dl.!lIIoxmphiL' i/!forlllalilll/aho/lllhl.! p//Iilll![f or L'hi/drl.!lIl.!XL'l.!pl
hyf/lrlhl.!r Ordl.!!' (ifCo/l!'I,
The dcfcndant, Stcphen Michael Magaro, (SSN: l73-52-2242)(DOB: 3/6/59), now
rcsiding at 25 South 26th Strect, Camp Hill, Cumberland County, Pcnnsylvania, is hercby
cnjoincd from physically abusing thc plaintill: Kathlecn Ann Magaro, and thc parties' minor
children, or from placing them in fcar of abuse.
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The defcndant ordercd to stay away from the plaintifi's currcnt residcncc which is at an
undiscloscd location for their protcction and to avoid further abuse, to which thc plaintiff and thc
minor childrcn moved to avoid abusc, and is ordcrcd to stay away from any rcsidcncc thc plaintifi'
may in thc futurc cstablish for hcrself.
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The dcfendant is ordercd to rctrain lrom having any dircct or indircct contact with the
plaintiff including, but notlimitcd to, telephonc and wrillen communications.
The dcfendant is enjoined lrom harassing IInd stalking thc plaintifi' and from harassing her
relatives, or thc partics' minor childrcn.
Thc dcfcndant is cnjoined from rcmoving, damaging, destroying or sclling any property
owned jointly by the parties or owned by the plaintifi~
A violntion of this Order mllY subject Ihe defend lint 10: i) arrest under 23 Pa.C.S.
~6113; ii) a privllte criminlll complainlunder 23 Pa.C,S. ~6113.1; iii) II charge of indireet
criminnl contempt under 23 Pa.C.S. ~6114, punishllble by imprisonment up to six months
nnd a fine of$100.00-51,OOO.OO; and iv) civil contemplunder 23 Pa,C.S. ~6114.1.
This Ordcr shall remain in cflect until modificd or tcrminated by thc Court and can be
cxtcnded beyond its original cxpiration datc if the Court finds that the defendant has committed an
act of abusc or has cngagcd in a pattern or practicc that indicatcs risk of harm to thc plaintiff.
Tcmporary custody of Stcphen C.R. Magaro and Emily R. Magaro, is hercby awarded to
the plaintiff, Kathleen Ann Magaro.
A HEARING SHALL. BE HELD ON TIllS MATIER ON ltn:, () -; ,1997,
AT 10 CJ (\ f) .M"IN COURTROOM NO.~, OF THE CUMBERLAND
COUNTY COURTHOUSE, CARLISL.E, PENNSYLVANIA,
Thc plaintiff may procecd without prc-paymcnt of fecs pending a furthcr ordcr aner thc
hearing.
The Cumberland County Sherifi's Dcpartmcnt shall attcmpt to makc service at thc
plaintifi's rcquest and without prc-paymcnt of lees, but scrvice may be accomplished under any
applicablc rule of Civil Proccdurc.
This Order shall bc dockctcd in thc office of the Prothonotary and forwardcd to thc Shcriff
fpr servicc. Thl! Prothonotary ShaH not scmlll cPpy of this Order to thc ~\lfcn~lInl by mail.
.,
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KATIILEEN ANN MAGARO,
Plaintill'
for herself IInd on behalf of her minor
children: STEPHEN C.R. MAGARO,
and EMILY R, MAGARO.
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
STEPHEN MICHAEL MAGARO,
Defcndant
NO. 97- / {,p /If
CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
NOTICE
You havc been sued in court. If you wish to defend against the claims set forth in the
following pages, you must takc action promptly after this Pctition, Ordcr and Noticc arc servcd,
by appearing pcrsonally or by attorney at the hearing schcduled by thc Court and presenting to the
Court your dcfcnscs or objections to the claims set forth against you. You arc warned that if you
fail to do so the Court may procecd without you, and a judgment may be cntercd against you by
thc Court without further notice for any money c1aimcd in the Pctition or for any other claim or
relief requcsted by thc plaintiff. You may lose money or property or other rights important to
you.
FEES AND COSTS
If thc case gocs to hearing and the judge grants a Protection Ordcr. a surchargc of $25.00
will be asscssed against you. You may also be rcquired to pay attorney fccs to Lcgal Scrvices,
Inc. for thcir represcntation of the plaintiff
You should take this pllper to your 11Iwycr lit once. If you do not have II 11Iwyer or
cannolllfford one, go to or telephone the officc sct forth below to Iind out wherc you can
get leglll help,
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTIIOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER (717) 240-6200
AMERICANS WITIIIlISAIULlTIES ACT OF 1990
The Court of Common Pleas ofCumbcrland County is requircd by law to comply with the
Amcricans with Disabilities Act of 1990, For inlormation about accessiblc f.1cilities and
rcasonablc accommodations availllble to disablcd individuals having business beforc the court,
pi case contact our ol1ice. All arrangemcnts must bc made at Icast 72 hours prior to any hearing
or business belllrc the court.
~
KATIILEEN ANN MAGARO,
Plaintil1'
for herselr and on hehalf ofher minor
children: STEPIIEN C.R. MAGARO,
and EMILY R. MAGARO,
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v,
STEPHEN MICIIAEL MAGARO,
Dcfcndant
NO. 97- / I. I'}
CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR PROTECTION ORDER
RELIEF UNDER TilE PROTECTION FROM ABUSE
ACT, 23 Pa.C.S. ~6101 el seq.
A. ABUSE
1. Thc plaintil1: Kathleen Ann Magaro, is an adult individual tcmporarily staying at an
undisclosed location lor her own protcction and to avoid furthcr abusc as is morc rully set forth
herein. This addrcss will bc furnished to thc court upon request.
2. The dclendant, Stephen Michael Magaro, (SSN: I 73-52-2242)(DOB: 3/6/59), is
an adult individual residing at 25 South 26th Strcet, Camp I-lill, Cumberland County, Pcnnsylvania
,.
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17011.
3. The derendant is the husband or thc plaintiff and the rather of their two minor
children.
4. Since approximately 1996, thc dcrcndant has attcmpted to causc and has
intentionally, knowingly, or recklessly caused bodily injury to the plaintifi: has placed the plaintiff
in rcasonablc rear of immincnt serious bodily injury, has knowingly engaged in a course or
conduct or repeatedly committed acts toward thc plaintifi'and the parties' minor childrcn, Stcphcn
C.R. Magaro and Emily R. Magaro, under circumstanccs which havc placed thc plaintiff and thc
childrcn in reasonable fcar of bodily injury. This has includcd, but is not limitcd to, the rollowing
specific instances or abuse:
a) On or about March 19, 1997, at approximately 12:30 a.m., thc defendant
yellcd at thc plaintiff, who was sleeping in anothcr room, to corne to him, and
when shc did not, hc wcnt into hcr room, grabbcd hcr by the arm, yclled at her and
pulled her out of thc bed. The plaintiff got away lrom the defcndant, but he
followed her into thc bathroom harassing her. When she tricd to Icavc the house,
thc defcndant pushcd her about, blockcd thc door with his body, and threatencd
the plaintiff saying, "You either talk to mc or I'll beat the shit out of you," The
defendant grabbcd the plaintiff by the front of her coat, shoved her backward
against the door, and rcpeatedly pushcd and shovcd her about the kitchen causing
her to fall against cabinets, the wall and door. Thc defcndant chased thc plaintiff
down the driveway when she ran from thc house. Whcn thc plaintiff rcturned to
the home later in the morning, the dcfcndant had lockcd hcr out, and he was aslccp
on the floor. The plaintiff cntered the house through an unlocked window and
went to bed. The defendant awokc and yclled at the plaintiff again frightening her.
Thc plaintiff telephoned for hclp. The Camp Hill Police arrived, arrcsted the
defcndant, and charged him with simple assault. The plaintiff and the parties' two
minor childrcn left the residence that day and havc been staying at an undisclosed
location to avoid further abuse.. A preliminary hcaring on the criminal charge was
held beforc District Justicc Manlove on March 27, 1997, and thc charges were
bound over for trial.
b) On or about March 17, 1997, the defcndant thrcatencd the plaintiff saying,
"I'm not going to mess with your family; I'm going straight for you. I'm going to
takc you out. "I'm going to givc you a "Hindu dot" betwecn the eycs." The
plaintiff fearcd that the defendant was going to shoot her.
c) On or about March 16, 1997, thc dclendant shovcd the partics' 6-year-old
son, Stephen, across thc interior of the car with such forcc that thc child fell
against the opposite car door. The child was shakcn and crying as a result of this
incident.
d) On or IIbout March 3, 1997, when the defcndant tried to hug the partics' 2-
year old daughter, Emily, and she walked past him hc said to thc child, "Fuck you.
Drop dead."
c) In or about April, 1996, the dcfcndant followed the plaintiff from the housc
and shoved her into a hedge row. The plaintiff fcarcd for her safety.
l) In or about May, 1996, the dcfcndant, who had becn arguing with thc
plaintiff, thrcatencd her saying, "I'm going to teach you a Icsson. Tcll me you arc
sorry or I'm going to beat you." When thc plaintiff did not respond to the
dcfcndant, he repeatedly struck hcr about thc back with the heel of his hand,
pushed and shoved her about the room, and continuously yclled, "Say you're sorry
and I'll stop." This incident occured in thc prescncc of thc plaintiffs 14-year-old
son, Shawn, and the partics' 5-year-old son, Stephen, and 2-year-old daughtcr,
Emily.
g) In or about April, 1996, the defcndant, bccamc angry, scrcamed and yclled
at the plaintiff, pushed and shoved her about the room, pullcd his pcnis out of his
pants, grabbed the plaintiffs hcad, and shoved his pcnis into her face. This
incident occured in front of thc partics' childrcn. Fearing for her safety, the
plaintifflefi thc home with thc children overnight.
h) In or about 1996, thc defendant grabbed the plaintiff by thc hair and
slammcd her face against the kitchcn cabinet. The plaintiff sustained a laceration
above hcr eye and swclling and sorcncss about her facc as a result of this incident.
j) Sincc approximatcly 1996, thc dcfcndant has abuscd thc plaintiff in ways
including, but not limitcd to, pushing and shoving her about; slamming her against
walls, doors, and furniture; striking hcr with thc hecl of his hand; punching her
arms; grabbing her by thc arms, clothing, and hair, and choking and kicking her. In
addition, thc dcfcndant has thrcatcncd the plaintiff with bodily harm rcpcatcdly,
and has threatcned to kill her on numcrous occasions. The plaintiff fcars for her
safcty and that of her childrcn.
5. On or about March 19, 1997, thc plaintifi' and thc partics' two minor children left
the marital residence at 25 South 26th Strect, Camp Hill, Cumbcrland County, Pcnnsylvania, in
order to avoid further abuse.
6. Thc plaintiff belicvcs and thcrcforc avers that shc and thc minor childrcn are in
immediate and prescnt danger of abusc from thc defendant and that they are in necd of protection
from such abusc.
7. The plaintiff desires that the dcfcndant bc prohibit cd from having any direct or
indirect contact with the plaintiff or the minor children including, but not limitcd to, telephonc and
written communications.
8. The plaintiff desircs that thc dcfcndant be cnjoined from harassing and stalking thc
plaintiff, and from harassing hcr relatives, and the minor children.
90 The plaintiff desircs that the defendant be cnjoined from removing, damaging,
dcstroying or sclling any property owned jointly by thc parties or owned by thc plaintiff.
B. EXCLUSIVE POSSESSION
10. The plaintiff cannot rcvcal thc namcs of the owncrs ofthc homc because the names
will disclose hcr whercabouts which must be kept confidcntial for her protection. Thc plaintiff is
not secking thc eviction of the dcfendant from his rcsidencc.
II. Thc plaintiff desircs thc delendnnt to providc sllitnblc nlternate housing for her and
thc minor children.
C. SIJPPORT
12. Thc dclendant has n duty to support thc plnintill' nnd thc parties' minor children.
13. The plaintitl'is in nccd of financial support lrom the dcfendant including, but not
Iimitcd to health insurancc covcrage and payment of llnrcimburscd medical cxpcnscs for the
plaintiff or the children.
140 Thc defendnnt is employed at self-employed liS a plumbing, hcating, and clectrical
contractor through his business, Magaro & Sons, 46 State Street, Harrisburg, Dnuphin County,
Pennsylvania, which is his parents' residential addrcss whcrc hc maintnins an office. To the best
of the plaintiff's knowlcdge thc defcndant's incomc is approximately $45,000 annually.
15. Thc plaintiff currently has no income to provide for hcr minimal necds and thosc of
the children until such timc as a support ordcr can be obtaincd by filing at the Domestic Relations
Office.
D. LOSSES AND REIMBURSEMENT FOR COST OF CASE
16. Thc plaintifl' has sufiercd losscs as a result of thc abuse by the defendant. The
losses are listed on Exhibit A attached.
17. Ordcring the dcfcndant to pay $250.00 to Cumbcrland County, onc of Lcgal
Serviccs, Inc.'s funding sources, in licu of atlorneys' fces, as reimburscment for the cost of
litigating this casc and asscssing the $25.00 surcharge and court costs to the dcfcndant if the case
goes to hearing.
lIe is married.
To the best oflhe plaintiff's knowledgc, thc dcfcndant currcntly rcsides IIl0nc.
19. The plaintiff has not previously participatcd in any litigation conccrning custody of
the abovc mcntioncd children in this or any othcr Court.
20. Thc plaintiff has no knowlcdgl: of any custody procecdings concerning these
childrcn pending beforc a court in this or any other jurisdiction.
21. Thc plaintiff docs not know of any person not a party to this action who has
physical custody of the children or claims to have custody or visitation rights with respect to the
children.
22. The best intcrcsts and permancnt wclfare of the minor children will be mct if
custody is temporarily granted to thc plaintiff pending a hcaring in this mattcr for rcasons
including:
a. The plaintiff is a rcsponsiblc parcnt who has providcd for
the cmotional and physical nccds of the childrcn sincc their births
and can best takc care ofthc minor children.
b. Thc defcndant has shown by his abuse of thc plaintiff that he
is not an appropriate rolc model for the minor children.
c. Thc dcfendant's bchavior has advcrsely affcctcd the
children.
WHEREFORE, pursuant to thc provisions ofthc "Protcction from Abusc Act" of October
7,1976,23 P.S. 96101 et ~., as amended, thc plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Tcmporary Ordcr pursuant to the "Protection Irom Abuse Act:"
I. Ordering thc dcfcndant to refrain from abusing the plaintiff IInd the
minor childrcn and from placing thcm in fear of abuse;
2. Ordering the dcfendant to refrain from having any dircct or indirect
contact with thc plaintifi' or thc minor childrcn including, but not limitcd to,
telephonc and written communications.
3, Ordering thc defendant to rcfrain from harassing and stalking thc
plaintifT and from harassing her relatives and the minor children.
4. Prohibiting thc defcndant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by thc plaintiff;
5, Ordering the dcfendant to stay away from thc plaintill's currcnt
rcsidcncc at an undisclosed location for hcr protection and to avoid furthcr
abuse, which thc parties havc never shared, and ordcring thc dcfendant to
stay away from any residcnce the plaintiff may in the future establish for
herself.
6. Ordering the defendant to provide suitable altcrnatc housing for the
plaintifi' and thc minor childrcn.
7. Granting tcmporary custody ofthc minor childrcn to thc plaintiff.
B. Schcdule a hcaring in accordancc with thc provisions of the "Protection from
Abuse Act," and, aftcr such hearing, cntcr an ordcr to be in cffcct for a period of onc ycar;
I. Ordering the defendant to rcfrain from abusing the plaintiff and the
minor childrcn and from placing them in fear of abuse.
2. Ordering the defendant to rcfrain from having any dircct or indircct
contact with the plaintiff including, but not limited to, telephone and
written communications, cxccpt for the limited purpose of facilitating
custody arrangements.
3. Ordering the dcfcndant to refrain from harassing and stalking the
plaintiff and from harassing her relativcs and thc minor childreno
4. Prohibiting the dcfcndant from entering the plaintifi's placc of
employment and the school or day carc facilities of the minor childrcn.
50 Prohibiting thc defendant from removing, damaging, destroying or
sclling property jointly owncd by thc parties or owned by thc plaintilI
6. Ordering the dclendant to stay away from thc plaintifi's currcnt
rcsidence which is at an undiscloscd location for her protcction and to
avoid further abuse, which thc partics havc never shared, and ordering thc
dcfendant to stay IIway from any rcsidencc thc plaintifi' may in thc futurc
cstablish for herself.
7. Ordering the defcndant to provide suitablc altcrnatc housing for thc
plaintifi' and thc minor childrcn.
8. Granting support to thc plaintiff and the minor childrcn in the
amount of $1 00.00 per weck payablc to thc plaintiff in thc form of a chcck
or moncy ordcr, mailed to her mailing addrcss, ordering the dcfcndant to
providc hcalth covcragc to the plaintifi' and minor childrcn, and ordcring
thc dcfcndant to pay all of the unrcimbursed medical cxpcnscs of the
plaintiff or the partics' minor childrcn to thc providcr or to thc plaintiff
when shc has paid for the medical trcatment.
9. Ordcring the dcfendant to rcimbursc thc plaintill's out-of.pockct
losscs suffercd as a rcsult of thc abuse including but not Iimitcd to the
losses listed on thc attachcd shcet mark cd Exhibit A.
10. Ordcring thc dcfendant to pay $250,00 to Cumbcrland County, one
of Lcgal Services, Inc.'s tunding sources, in Iicu of attorncys' fccs, as
rcimbursemcnt for the cost of litigating this casc and assessing thc $25.00
surchargc and court costs to thc defendant irthc casc gocs to hcaring.
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KATHLEEN ANN MAGARO,
Plaintifi'
for herself and on behalf of her minor
children: STEPHEN C.R, MAGARO,
and EMILY R, MAGARO,
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
STEPHEN MICHAEL MAGARO,
Dclendant
NO. 97-1614 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
PROTECTION ORDER
AND NOW, this.JL day of April, 1997, upon consideration ofthc Conscnt Agrecmcnt
of the parties, the following Order is cntcrcd:
I. The defcndant, Stephen Michael Magaro, is enjoincd from physically abusing thc
plaintiff, Kathleen Ann Magaro, or the minor childrcn, Stcphen C.R. Magaro and Emily R.
Magaro, or from placing thcm in lear of abuse.
2. Thc defcndant is cnjoined Ii-om having any dircct or indirect contact with the
plaintiff including, but not limited to, telephone and written communications.
3. Thc defcndant is ordercd to refrain lrom harassing and stalking the plaintiff and
ordcrcd not to harass her relativcs and the minor children.
4. The defendant is cnjoined from cntcring the plaintifi's place of employment or the
school or day care facility of the minor children.
5.
Thc defendant is ordercd not to rcmovc, damagc, destroy, or sell any propcrty
owned by thc plaintiff or jointly owncd by thc parties.
6. The defendant is ordercd to stay away from the plaintifi's current rcsidence at an
undisclosed location for hcr protcction, and he is ordered to stay away from any residcnce thc
plaintiff may in thc futurc cstablish for herself.
7. The defendant is ordered to rcimburse thc plaintifi's out-of-pocket losses of
$353.36 sul1ercd as a result of the incidcnt which occurred on or about March 19, 1997,
,
including, but not limitcd to, the losses listed on the attachcd sheet markcd Exhibit A. The
defendant shall commencc paymcnt oflosscs to the plaintil1' within livc (5) days of the cntry of the
Protection Order in thc above-captioncd mattcr. Thc total amount of losses shall be rcimburscd
to the plaintiff within 30 days of the cntry of thc Protection Order. An award undcr this chapter
shall not constitutc a bar to litigation for civil damages for injuries sustaincd from thc acts of
abusc giving rise to the award or a finding of contempt under this chaptcr.
80 The dcfendant shall pay interim support to the plaintiff and thc minor childrcn in
the amount of $1 00.00 per wcek retroactivc to the dale shc and the childrcn Icft the marital home
on March 19, 1997, payable to the plaintiff in the form ofa check or money order by mail pending
the entry of an ordcr by thc Cumberland County Domestic Relations Officc. Thc dcfendant shall
commencc payments upon cntry ofthc Protection Order and each Friday thcrcaftcr.
9. Court costs and fees arc waivcd.
100 This Ordcr shall rcmain in cffcct for a period of onc (I) year and can be cxtcndcd
beyond that timc if the Court finds that the dcfcndant has committcd an act of abuse or has
engaged in a pattern or practicc that indicatcs risk of harm to the plaintiff or minor childcn. This
Order shall be enforceable in thc samc manner as the Court's prior Tcmporary Protection Order
entcred in this caseo
11. This Order may subject the dcfendant to: i) arrcst under 23 Pa.C.S. 96113; ii) a
privatc criminal complaint under 23 Pa.C.S. 96113.1; iii) a charge of indirect criminal contcmpt
under 23 Pa.C.S. 96114, punishable by imprisonment up to six momhs and a fine of $100.00-
$1,000.00; and iv) civil contcmpt undcr 23 Pa.C.S. !l6114.1.
12. The appropriate police dcpartmcnts shall bc providcd with ccrtificd copics of this
Order by the plaintill's attorncy and may cnforcc this Order by arrcst for indirect criminal
contempt without warrant upon probable cause that this Order has bccn violated, whether or not
the violation is comllli\lcrl in thc prcscncc of thll police pqiccr. In the even! \hal lIn arrest is made
und~r this section, thc dcfendant shall bc takcn without unncccssary dclay beforc thc court that
issucd thc order. When thllt court is unavailable, the defcndant shall be takcn beforc thc
appropriate district justice. (23 Pa.C.S. 96113).
" //
By thc Court,. ' ,.>
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Edgar B. Bayley, Judge
./
Joan Carey CI-PU' ~o<!~ jU.w.( >\..,d..~
LEGAL SERVICES, INC. '1- II.. (7 .IA....
Attorney for Plaintill'
Brian S. Walk ~/t?l 7}Y~M
Attorney for Defendant
'1/11/47
p",-
KATHLEEN ANN MAGARO,
Plaintiff
for herself and on behalf of her minor
children: STEPHEN C.R. MAGARO,
and EMILY R. MAGARO,
IN THE COURT or COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
STEPHEN MICHAEL MAGARO,
Dcfcndant
NO. 97-1614 CIVIL TERM
..
PROTECTION FROM ABUSE AND CUSTODY
CllSTODY ORDER
AND NOW, this J I ~ day of April, 1997, upon consideration of the parties' Consent
Agrecment, the following Order is entercd with regard to custody of thc parties' childrcn, Stephcn
C.R. Magaro and Emily R. Magaro.
I. The plaintiff, hcreinafter refcrrcd to as thc mother, and thc defendant, hereinafier
rcferred to as the father, shall sharc legal custody of the children.
oof(t'j
2. Thc mother shall havc primary physical custody ofthc childrcn.
3. Thc father shall havc supcrviscd visitation with the childrcn through the Carlisle
YWCA's supervised visitation program on a schedulc mutually agreed upon by the partics. The
father's ongoing supervised visitation with the children is contingent upon his enrolling in,
attending, participating in, and succcssfully completing thc parcnting skills program offered by the
Carlisle YWCA or anothcr parcnting skills program mutually agreed upon by the parties.
4. Either party may petition thc Court at any time to schedule a conciliation
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conference in thc mallero This Ordcr shall rcmain in cffcct until further Ordcr of Court.
I
"
Edgar B. Baylcy, Ju
Joan Carcy ~;J.- LJ<(.~...... '}U~)"l.(C'j
LEGAL SERVICES, (NC.
Attorney for Plaintiff
'f/Il~ 7
Loot.....
Brian S. Walk ~/7U.J I)';iclc..l
Attorncy for Defcndanr
'f/1I/<f'7
J",_
KATHLEEN ANN MAGARO,
Plaintifi'
for hersclfand on behalf of her minor
children: STEPHEN C.R. MAGARO,
and EMILY R. MAGARO,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
STEPHEN MICHAEL MAGARO,
Defendant
NO. 97-1614 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
CONSENT AGREEMENT
This Agrcement is entcrcd on this 11l1l'day of April, 1997, by thc plaintiff, Kathlecn Ann
Magaro, and the dcfcndant, Stephen Michael Magaro. Thc plaintiff is representcd by Joan Carey
of LEGAL SERVICES, INC.; the defendant is unrepresented but is awarc of his right to havc an
attorneyo The parties agree that the following may bc entcred as an Ordcr of Court.
I. The dcfendant, Stephen Michael Magaro, agrccs to refrain from abusing thc
plaintiff, Kathleen Ann Magaro, and thc minor children or from placing them in fear of abuse.
2. The dcfcndant agrees not to have any dircct or indircct contact with the plaintiff
including, but not Iimitcd to, telephone and writtcn communications.
3. The dcfcndant agrecs not to harass and stalk thc plaintiff and not to harass hcr
relatives and thc minor childrcn.
4. The dcfendant agrccs not to cntcr the plaintill's place of cmploymcnt or the school
or day care facility of the minor children.
5. The defcndant agrccs not to remove, damage, destroy, or sell any propcrty owned
by the plaintiff or jointly owned by the parties.
6. The dcfendant agrccs 10 stay away from the plaintill's currcnt residencc at an
undisclosed location lor her protcction, and the defcndant agrccs to stay away from any rcsidence
the plaintiff may in thc futurc cstablish for herself.
7. The defendant agrees to reimbursc thc plaint ill's out-of-pockct losses of $353.36
suffcrcd as a rcsuh of the incidcnt which occurred on or about March 19, 1997, including, but not
limitcd to, thc losscs listed on the attached shect markcd Exhibit A. The dcfendant IIgrccs to
commence payment of losses to thc plaintiff within five (5) days of thc cntry of the Protection
Order in the abovc-captioncd mattcr. The total amount of losses shall be reimbursed to the
plaintiff within 30 days of the entry of the Protection Order.
8. The dcfendant agrees to pay interim support to thc plaintiff and the minor childrcn
in the amount of $100.00 per weck retroactive to the datc shc and the children left thc marital
home on March 19, 1997, payablc to the plaintifi'in thc form ofa check or money order by mail
pending the entry of an ordcr by thc Cumberland County Domestic Relations Office. Payments to
commence upon cntry of the Protection Order and cach Friday thereancr.
9. The defendant, although entcring into this Agreement, does not admit the
allegations made in thc Petition.
10. The defendant understands that the Protection Order entered in this matter will be
in effect for a period of one ( I ) year and can be extended bcyond that time if thc Court finds that
the defendant has committed an act of abuse or has engagcd in a pattern or practice that indicates
risk of harm to the plaintiff or the childrcn. The defendant understands that this Order will be
enforceable in the same manner as the Court's prior Temporary Protection Order cntered in this
case.
11. Violation of the Protection Order may subject the defcndant to: i) arrcst under 23
Pa.CoS. 96113; ii) a private criminal complaint under 23 Pa.C.S. ~61 13,1; iii) a charge of indirect
criminal contempt under 23 Pa.C.S. 96114, punishablc by imprisonment up to six months and a
fine of$lOO.OO-$l,OOO.OO; and iv) civil contcmpt under 23 Pa.C.S. 96114.1,
120 The defendant and the plaintifi' agrcc to thc cntry of an Order providing for the
following custody schcdulc for their childrcn, Stephen Cody Rocco Magaro and Emily Rose
Magaro.
a) The partics will sharc leglll custody of thc childrcn.
b) The mother will havc primary physical custody of the children.
c) The father will havc supervised visitation with thc children through the
Carlisle YWCA's supcrvised visitation program on a schedule mutually agreed
upon by the partics. Thc fathcr's ongoing supervised visitation with the children is
contingent upon his cnrolling in, attending, participating in, and successfully
completing the parenting skills program offercd by the Carlisle YWCA or another
parenting skills program mutually agreed upon by the partics.
d) Either party may petition the Court at any time to schedule a conciliation
conferencc in the mattcr. The Custody Order entered in this matter will remain in
effect until further Order of Court.
WHEREFORE, the partics request that a Protection and Custody Ordcr be entered to
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, Defendant
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LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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