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HomeMy WebLinkAbout97-02169 \I) 1 J c:::( (""1 (I . ~ i d a \ ~ / ( I ~. J 0- ~ - en I [-I 0-1 /' . o Z ... DEBORAH ATHANASANTOS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1 1 1 1 1 1 1 NO. 97-2169 CIVIL TERM v. EZANGELO ATHANASANTOS, Defendant AND NOW, this ORDER OF COURT I ~1t. day of May, 1997, upon agreement of .. counsel, the hearing previously scheduled in this matter for May 5, 1997, is CONTINUED to Monday, June 23, 1997, at 3100 p.m., in Courtroom No.5, Cumberland County Courthouse, Carliele, Pennsylvania. THE TEMPORARY protective order entered on April 25, 1997, shall remain in full force and effect until further order of this court. BY THE COURT, J Jacqueline M. Verney, Esq. 7 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff - ~~.....m"~ sf'f/'1'1. .-<5:1f'. Robert McAndrew, Jr., Esq. 2547 Easton Avenue Bethlehem, PA 18017-5073 Attorney for Defendant :rc .~ ~~f~1 p-/ -1\ S\ 12 \'11 I" .1"" I' II. ^,..II' "". I.., I I'" ".' , : .. , , WHEREFORE, the Defendant respectfully requests thallhe Court granlthis Motion and reschedule this matter for hearinB. and thaI the Temporary Protection Order remain in cfl'ect until further Order of Court ?(Li1iU', li I obert McAndrew, Jr. Esquire 2547 Easton Avenue Bethlehem, PA IH017-5073 (610) 694-9950 Attorney lD 71442 Counsel for Defendant !j DEBRA ATHANASATOS for herself and on behalf of CHRISTINA ATHANASATOS and GREGORY ATHANASATOS, minors Plaintiffs IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 97_d..r~VIL TERM v. ANGELO ATHANASATOS, Defendant PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION ORDER AND NOW, this 1..5 (~ day ofJ J() ,.',1 I presentation and consideration of the within Petition, and upon , 1997, upon finding that the plaintiff, Debra Athanasatos, and the minor children, now residing at 75 Bonnybrook Road, Lot 10, CarliSle, Cumberland County, Pennsylvania, are in imm~diate and present danger of abuse from the defendant, Angelo Athanasatos, the following Temporary Order is entered. The defendant, Angelo Athanasatos, now residing at 1501 Hemlock Avenue, CarliSle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Debra Athanasatos, Christina Athanasatos and Gregory Athanasatos, or placing them in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 75 Bonnybrook Road, Lot 10, CarliSle, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff to which the plaintiff and the minor children moved to avoid abuse, which is not owned or leased by the defendant, and any other residence the plaintiff may establish, except as necessary for the defendant to pick up the minor children for periods of supervised temporary custody. The detendant shall remain in his vehicle at all times durinq the transter ot custody. The detendant is ordered to retrain trom havinq any direct or indirect contact with the plaintitt includinq, but not limited to, telephone and written communications, except tor the limited purpose of tacilitatinq custody arrangements. The detendant is enjoined from harassing and stalkinq the plaintiff and from harassing the plaintiff's relatives, or the minor children. The defendant is enjoined from entering the plaintiff's place of employment/business or school or the schools and the day care facilities of the minor children. The defendant is enjoined from removinq, damaginq, destroying or sellinq any property owned jointly by the parties or owned solely by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. 86113; ii) a private criminal complaint under 23 Pa.C.S. 86113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 86114, 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. 86114.1. 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 oriqinal 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 custody of Christina Athanasatos and Gregory Athanasatos is hereby awarded to the plaintiff, Debra Athanasatos. The defendant is ordered to relinquish to the sheriff's department any weapons which he owns, possesses, has used or threatened to use against the plaintiff and/or the minor children: and the defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order. A hearing shall be held on this matter on the ,~~ day of '(07 1997, at Courthouse, 1: ()c) p.m., in Courtroom NO.~, Cumberland County Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the 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 the defendant by mail. The Pennsylvania State Police and the Carlisle Police Department will be provided with a certified copies of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest 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. 8 6113) . By the Court, 4- d. r- C{l C~rrL) i;;,r-- f4A-LN--4J(j f !iJ v, DEBRA ATHANASATOS, for herself and on behalf of CHRISTINA ATHANASATOS and GREGOR V ATHANASATOS, minors Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVLVANIA v. . . . . NO. 97- CIVIL TERM ANGELO ATHANASATOS, Defendant : PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections 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 claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights 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 get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSVLVANIA 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 comPlr with the Americans with Disabilities Act of 1990. For informat on 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. DEBRA ATHANASATOS, for herself and on behalf of CHRISTINA ATHANASATOS, GREGORY ATHANASATOS, minors, plaintiffs IN THE COURT OF COHMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- CIVIL TERM v. ANGELO ATHANASATOS, Defendant PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. S 6101 et seq. A. ABUSE 1. The plaintiff, Debra Athanasatos, is an adult individual residing at 75 Bonnybrook Road, Lot 10, CarliSle, Cumberland County, Pennsylvania, 17013. 2. Plaintiffs, Christina Athanasatos and Gregory Athanasatos, are the minor children of Debra Athanasantos, plaintiff herein and Angelo Athanasantos, defendant herein. 3. The defendant, Angelo Athanasantos, is an adult individual residing at 1501 Hemlock Avenue, carlisle, Cumberland county, Pennsylvania, 17013. 4. The defendant is the plaintiff's husband, and father of the two (2) minor children, a son, Gregory, and a daughter, Christina, who are plaintiffs in this action. 5. Since approximately September, 1996, the defendant has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff and/or the minor children inclUding the following, toward the plaintiff and/or the children, without proper 1 authorization, under circumstances which have placed the plaintiff and/or the children in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abulle: a. Defendant has placed phone calls to plaintiff on the fOllowing days and times and continues to make such calls in addition to these times and dates: 8:59 a... 12:51 a... 1:56 p... 3:24 p... March 6, 1997 March 7, 1997 8:17 8.... 8:44 a... 8:32 a... 11:18 a... 3:04 p.a. 11:45 a... 3:12 p... 12:59 p... 3:35 p.a. 1:02 p... 1:57 p... March 18, 1997 March 19, 1997 7:19 a.lI. 8:39 a... 7'44 a... 10:11 a... 8 39 a.a. 11:51 a... 3 06 p.a. 3:09 p... 3 26 p.a. 3:22 p... 3 28 p... two atte.pts 3 35 p.a. two atte.pts 8 25 p... nine atte.pts March 5, 1997 March 17, 1997 9:16 a... 9:49 a... 3:28 p... March 20, 1997 March 21, 1997 March 24, 1997 9:22 a.a. 9:25 a... 10:45 a... 3:10 p... 9:09 a.a. 10:50 a...two atteapts 2:12 p... 7:16 a... 8:37 am two atte.pts 9:29 B... March 25. 1997 March 26, 1997 March 27, 1997 1:18 p... 1:49 p... 2:16 p... 9:49 a... 11:43 a... 1:40 p.m. 2 March 28, 1997 1:21 p... 1:56 p... April 2, 1997 7:08 a... 8:28 a... 9:4] a... 1:]4 p... 2:24 p... ]:09 p... April 5, 1997 2:1] p... 2:42 p... April 10, 1997 2:25 p... :a:58 p... 4:52 p... March ]1, 1997 11:09 a... 2:19 p... 2:5] p... 2:55 p... April 1, 1997 7:5] a... five atteapt8 8:04 a... 9:22 a".. April ], 1997 7:59 a... 8:]0 a... 12:45 p... April 4, 1997 10:58 a... 11:07 a... 11:]8 a... 11:]9 a... 11:40 a... two atteapts 11:4] a... two atteapta 2:49 p... April 8, 1997 2:42 p... April 9, 1997 12:45 p... ]:15 p... April 11, 1997 April 12, 1997 8:55 a... four tiae8 12:08 p... 12:39 p... 1:45 p... 10:18 a... 11:00 a... 11:15 a... 1:14 p... 2:42 p... 2:43 p... 2:45 p... 2:46 p... 2;48 p... 3:13 p... 3:35 p... April 13, 1997 12:59 p... 6:51 p... 7:]6 p... 9:16 p... three atte.pts April 14, 1997 7:]0 p... 8:00 p... 8:04 p... 8:]0 p... 8:35 p... ] b. plaintiff believes and therefore avers that defendant has sexually abused the minor plaintiff, Christina, age 1. Said abuse is presently being investigated by Cumberland County Children and Youth services. c. defendant has stalked plaintiff by driving by her residence, parkinq his vehicle outside her residence and watChing the residence, and walking around the residence at times beginning September, 1996 and continuing until the present on a daily basis. d. defendant has told acquaintances of the plaintiff that he wishes the plaintiff was dead. e. defendant, at times prior to september, 1996 grabbed, pushed and shoved plaintiff against the wall. 6. On or about September, 1996, the plaintiff left her residence at 1501 Hemlock Avenue, Carlsile, Cumberland County, Pennsylvania, in order to avoid further abuse. On or about April 11, 1991, plaintiff removed the two minor children from the residence at 1501 Hemlock Avenue to avoid further abuse of the children. 1. The plaintiff believes and therefore avers that she and the minor children are in immediate and present danger of abuse from the defendant should they return to the home and that they are in need of protection from such abuse. 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff or 4 the minor children, without supervision including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements for the children. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, or the minor children. 10. The plaintiff desires that the defendant be restrained from entering her place of employment/business or school or the schools and day care facilities of the minor children. 11. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. 12. The plaintiff desires that the defendant be enjoined from possessing any weapons or firearms. B. EXCLUSIVE POSSESSION 13. The mobile home which the plaintiff is aSking the Court to order the defendant to stay away from is not owned or rented in the defendant's name. The plaintiff is not seeking the eviction of the defendant from his residence. 14. The defendant is residing in the former marital residence located at 15Ql Hemlock Avenue, Carlisle, Pennsylvania, 17013. C. SUPPORT 15. The defendant has a duty to support the plaintiff and 5 the minor children. 16. The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage, payment of unreimbursed medical expenses for the plaintiff and/or the children, the rent on the residence at 75 Bonnie Brook Road, Lot 10, Carlisle, Cumberland County, Pennsylvania and food and clothing for herself and the minor children. 17. The defendant is employed at Dickinson College, and has an annual salary of approximately $ 20,000.00. 18. The plaintiff currently has no income to provide for her minimal needs and those of the children until such time as a support order can be obtained by filing at the Domestic Relations Office. 19. The plaintiff intends to petition for suppvrt within two weeks of the issuance of a protective order. E. TEMPORARY CUSTODY 24. The plaintiff seeks temporary custody of the following children: HllIIe Christina Gregory Present Residence 75 Bonnie Brook Rd.Lot Carlisle, PA Age 10 7 11 The children were not born out of wedlock. The children are presently in the custody of the plaintiff, who resides at 75 Bonnybrook Rd. Lot 10, Carlisle, PA. Since their births, the children have resided with the 6 followinq persons and at the fOllowinq addresses: Haae Anqelo Athanasatos Debra Athanasatos Addresses 1501 Hemlock Ave carlisle, PA Dates 1992- Sept 1996 Anqelo Athanasatos Debra Athanasatos 1501 Hemlock Ave Carlisle, PA 75 Bonnybrook Rd. Carlisle, PA Apr 11,1997-present Sept 1996- April 11, 1997 The plaintiff, the mother of the children, currently resides at 75 Bonnybrook Rd. Lot 10, Carlisle, Cumberland County, Pennsylvania. She is married. The plaintiff currently resides with the followinq person/s: !lAM Christina Athanasatos Greqory Athanasatos Brian Geyer Relationshi~ dauqhter son son The defendant, the father of the children, currently resides at 1501 Hemlock Ave., Carlisle, Cumberland County, Pennsylvania. He is married. The defendant currently resides with the followinq person/s: !lAM None Relationship 25. The plaintiff has not previously participated in any litiqation concerninq custody of the above mentioned children in this or any other Court. 26. The plaintiff has no knowledqe of any custody proceedinqs concerninq these children pendinq before a court in 7 , ! i , I .1 i ! I this or any other jurisdiction. 27. The plaintiff does 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. 28. The best interests and permantnt welfare of the minor children 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 children. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor children. c. The defendant's behavior has adversely affected the children. d. The defendant's alleged child abuse has harmed the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. ~ 6101 m; ~., as amended, the plaintiff prays this H~norable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff and the minor children and 8 plaoing them in fear of abuse. 2. Ordering the defendant to refrain from having any direot or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate supervised custody arrangements for the minor children. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor children. 4. Prohibiting the defendant from entering the plaintiff's place of employment/business or school and the schools or the day care facilities of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the mobile home located at 75 Bonnybrook Rd. Lot 10, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter, except for the limited purpose of transferring custody of the parties' 9 children. The defendant shall remain in his vehicle at all times during the transfer of custody. 7. ordering the defendant to stay away from the plaintiff's residence located at 75 Bonnybrook Rd. Lot 10, Carlisle, Cumberland county, Pennsylvania, which the parties have never shared, or any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' children. The defendant shall remain in his vehicle at all times during the transfer of custody. 8. Ordering the defendant to provide $ 110.00 weekly support for the plaintiff and the minor children. 9. Granting temporary custody of the minor children to the plaintiff. 10. Ordering the defendant to relinquish to the sheriff's department any weapons which he owns, possesses or has used or threatened to use against the plaintiff and/or the minor children, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the order. B. Schedule a hearing in accordance with the provisions of 10 the "Protection trom Abuse Act," and, after such hearing, enter an order to be in ettect for a period of one year: 1. Ordering the defendant to retrain from abusing the plaintiff and the minor children and placing them in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff, including, but not limited to, telephone and written cornmunications, except to facilitate supervised custody arrangements for the minor children. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor children. 4. PrOhibiting the defendant from entering the plaintiff's place of employment/business and/or school and/or the schools and/or the day care facilities of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the mobile home located at 75 Bonnybrook Rd. Lot 10, CarliSle, 11 Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, except for the limited purpose of tranSferring custody of the parties' children. The defendant shall remain in his vehicle at all times during the transfer of custody. 7. ordering the defendant to stay away from the plaintiff'S residence located at 75 Bonnybrook Rd. Lot 10, Carlisle, Cumberland county, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may establish, except for the limited purpose of transferring supervised custody of the parties' children. The defendant shall remain in his vehicle at all times during the transfer of custody. 8. Ordering the defendant to relinquish to the sheriff's department any weaponD which he owns, possesses or has used or threatened to use against the plaintiff and/or the minor children, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Order. ~. Granting support to the plaintiff and the minor children in the amount of $ 110.00 per week payable to the plaintiff in the form of a check or 12 money order, mailed to h~r residence, and orderinq the defendant to provide health coveraqe to the spouse and minor children, directinq the defendant to pay all of the unreimbursed medical expenses of the plaintiff and minor children of the defendant to the provider or to the plaintiff when she has paid for the medical treatment and directinq the defendant to make or continue to make mortqaqe payments on the marital residence of the plaintiff and defendant. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pendinq a further order at the hearing, and that a certified copy/certified copies of this Petition and Order be delivered to the Pennsylvania state Police, and the Carlisle Police Department which have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UHDRR PENNSYLVANl:A CUSTODY lAW 27. The alleqations of Count I above are incorporated herein as if fully set forth. 28. The best interest and permanent welfare of the minor children will be served by confirminq custody in the plaintiff as 13 VERIFICATION The above-named plaintiff, Debra Athanasatos, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that falae statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: L/ -;Y; - q '1 " 15 DEBORAH ATHANASATOS, for herself and on bshalf of I CHRISTINA ATHANASATOS and I GREGORY ATHANASATOS, minors, I Plaintiffs I I v. I I ANGELO ATHANASATOS, I Defendant I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-2169 CIVIL TERM ORDER OF COURT AND NOW, this )3rl day of June, 1997, upon consideration of the Plaintiff's filing of a Praecipe To withdraw and Discontinue Action on June 23, 1997, the hearing previously scheduled in this matter for June 23, 1997, is CANCELLED. BY THE COURT, Jacqueline M. v;!ney, Es . 7 1:1: ..iAII Rew # .t..<..iy ~. Carlisle, PA 17013 Attorney for Plaintiff J/~ Ole Robert McAndrew, Jr., Esq. 2547 Easton Avenue Bethlehem, PA 18017-5073 Attorney for Defendant _ ~....~!. t.:./J.sfq'/, ..,h.-6>. :rc