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KARLA t". CROMLEY,
olaintlff
IH T~::: CrylR7 0~~ r:()~,wD~J Pl FAS.
OF CUI"~EqLl.t';D C('U~'lTY I p~~.)~,!c::II.VM'HA
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CII/! L TERM
KENNETH ,~BATE,
Defend:lJ~ t
OR('T"CTl'~'11 ;:pnM "roUSE
MID OJSTODV
I;,
,
t10UC:E 0;: Hr:~TW'JilIl (";RnFB
YOU HAVE BEEI' SUED IN COURT. If you wish to defp.nd against the claims set for-th in
the following papers, you must appp.ar at the hp.aring scheduled herein. If you fail to do
so, the case may proceed against you and a FINM, O.-der may be entered against you granting
the relief requested in the Petition. In par~icl!lar, you m'lY be evicted from your
,-esidence and lose other impor-tant rigl1ts.
A (,~ (I
A hearing on the matter is scheduled for the 2- riay of U!L<::..,(J,Jl_, 1998, at
1.L?t>J1.m., in Courtroom No. --2-- of the Cumberland County Cour'thou5e, Carl isle,
Pennsylvania.
'(ou I~UST obey the Order- that is attached unt i 1 it is modifi ed or termi nated by the
court ilfter notice and I,earing. If you disobey this Order, the police may arrest you.
Violation of this Order- may subject you to 'I charge of indirect 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.
s6114. Violation may also subject you to prosecution and criminal penalties under the
pennsylvania C,-imes Code. Under federal law, 18 U.S.C. s2265, this Order is enforceable
anywhere in the United states, tribal lands, U.S. Territor'ies and the CommonweaHh of
Puerto Rico. If you travel outside of the state and intentionally violate Lilis Order', you
may be subject to federal criminal proceedings under the V,Oll-rICe, A,gainst Women Act, 18
U.S.C. S 2261-2262.
YOU SHOULD TAKE TH!S PAPER TO ,GUF. L':',WfCP AT OtiC:::. YOU hAlE The RIGHT TO HAVE A
L.~\'IYER REPRESENT ',u"; AT THe McARil.iG. Teil' CGUPT VIlLL ,.11', HU"cVER, APC'OINT A L.~VIYER FOR
YOU. IF YOU co 1.,0, ",,\I;: A LAw:E:P OR CA,,,LT ;"FC:cD '_en::, C..J i(; OR 'i'ELEPHONE THE OFFICE SET
rORTH 8ELOVi TO FIt-iC: OlJ~,';1 :ERf.: ,C,) C:ro".i< \~::T ,-2..\:::ir-.!... hE,-_F. _. '{OU C:/:,.(~i~OT FIND A LA\'NER, YOU
HAl HAVE TO P,1OCi:E:J 1.1 ["K>U-, ,ji'ii::.
lJ..I;,UEF-(LAi.,jD CJJNT: dAR ,~:SSCCI;:',T:Oi~
:! ,_i BEPT'! A/EHUi:
C.-\HLI~.d:, Pt:;~HS'~' ,-V.u.1\L\ 17Gi 3
-i.ELFPhCi~E t~L;.~GER: ( 71 7 ) .....;.j..9-3166
/,i'1ERIC,I.S \~iTH DISA8l,-ITIES ACT OF 1990
Tile Cou: t of Cc,r,,;,cn F;eas ',J' CUint:."land County is requi red by law to comply with the
j,mericcu,s y,i dl [i"aLJi i; lid Act of 1990. For infor-mation about accessible facilities and
,eas~"ab1e accommodations available to disabled individuals having business before the
cou; t, please contact our office. All arra'lgements must be made at least 72 hours prior:'
to any heal'ing or business befor'e the COUl-t. You must attend the scheduled conference or
hearing.
KARIA M. CROMLEY,
Pl.'1 i n t iff
T~',J TU~ CC1l)qT Or: rn'"H,~()f'J p, ~:AS
vs.
()C' C'IYI~~~~!.'\>1r: (:(~i!~,:;',', =::r-iNS',LVI,NTA
KENNETH ABATE,
Defendant
tIn. '18 - i(3i ':'1
- -- .,,,
CIVIl
TERM
PROTECT lOt< ERO!,~ M~II<;<=
CIJSTOD'(
:r..fJ,1f'QIi~J3'( PRonCT T Oil ERC!!;UBIJSE. OElDEB.
Defendant's NAme: Kenneth Abnte
Defendant's Dat", of 8ir"th:
1/5/64
Defendant's SOCiAl Security Number: Unknown
Names of illl Protected Persons, inclUding Plaintiff and minor
child/ren: Karla M. Cromley.
AND NOW, this ~ day of (l~ , 1998, upon
consideration of the attached Peti~ fo~ Protection from Abuse,
the court hereby enters the following Temporary Order:
~ 1. Defendant shall not abuse, harass, st a 1 k or threat en any
of the above persons in any place where they might be found.
o 2. Defendant is evicted and excluded from the residence at the
plaintiff's residence located at , Cumberland County,
Pennsylvania, (a residence which is jOintly owned/leased by the
parties; owned/leased by the entireties; owned/leased solely by
the plaintiff/defendant to which the plaintiff and the minor
child/ren moved to avoid abuse, which is not owned or leased by
the defendant, (and any other residence the plaintiff may
establ ish), except fOl" the 1 imited purpose of transferr"ing
custody of the parties' child/ren. The defendant shall I"emain in
his vehicle at all times during the transfer of custody.) or any
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.
181 3. Except for such contact with the minor child/ren as may be
permitted under Paragraph 5 of this Order, Defendant is
prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited, to any contact at
Plaintiff's school, business, or place of employment. Defendant
~s Sp(.r.ifiC;jl1y I-}!'rj~'lr'r,[l t" .;"1/ ','!:,;' f";AI~ I-h.-> fol1.1W;t11J lc)cf\f:lon';
fr:.," thp rllltill in!"' nf thi';; tJrd--.r' tb~. il1;tin1iff'c, 1'~-:.(;irl~n(J! lor;.?ltAd
at ,tl~n Th"i..tj Stre{:!t I t=nf,l:.l/ r:-!,!'''!H.! 1 ~";! ("nlln!'y, P.-'nn~.ylv(lnin, :)
rF!sidpnce wh; .;11 ;.:, l;..t,::.'"7d "".~"l-~'~:' t,~j t, h,;:. r1 ;-,1 ~lti f f t S !n(it hoO!r I \o,Jhi ch
is not Qwnj:~d or lens>:'d by tk.,p r1.,f.>pr1"1,\'t J :-!nd any ()thf~t' :~!~,idencp.
the p,lalntiff mity estahlish, ,:,vr:ppt for- th~ lirnit.pd pu,-poc;r-. of
t ran s fer r' i n 9 ell ~~ t 0 d y 0 f t ~\I.! P n r t ; p ~.;' (~~: i 1 d . The dE! f p n d ~t n t s" all
f8ma'in -in his '1eh-icle ;:d :111 till!C:'~ dl).-ina tt1e tt~~'!nsff~r ()f
custody.
JgI 4. Except for such cant act wi t h t tlP. mi nor chi 1 d as may be
permi t ted under Paragr'aph 5 of thi s Order, Defp.ndant shall not
contact Plaintiff by telephone or hy nny other means, including
through third persons.
~ 5. Pending the outcome of the final hearing in this matter.
Plaintiff is awarded temporary clJstody of the following minor
child/ren: Aaron M. Abate, DOB 6/26/98.
Until the final hearing, all contact between Defendant and the
child/ren shall be limited to the following:
Two hours of visitation with the minor child to be held at
the plaintiff's residence located at 448 Third Street, Enola,
Cumberland County, Pennsylvania on Mondays and Wednesdays from
6:00 p.m. to 8:00 p.m. beginning on Monday, August 3, 1998, at
6:00 p.m. until 8:00 p.m. and continuing thereafter.
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 the Rlaintiff in accordance with the
terms of this Order.
06. Defendant shall immediately relinquish the following
weapons to the Sheriff's Office or a designated local law
enforcement agency for the delivery to the Sheriff's Office:
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 Sheriff's 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 Civi 1 Procedure.
Thi!; Onlf'r !;hall 1)1" dock/'tnd in tl", offic" of tl1<'
Prot.honotary and forw"rd,~d to the Shr,r; ff rnr .,,,,.viCl', The
Protl1onotilf'y shnll not scnd a copy nf this Ord"r to Dcff!ndant hy
mnil.
This Order shall r<~main in !)ffect llnt i 1 modi fied or
terminatod by the Court and can b,) "xt(~ndNj beynnd its original
expiration datc if the Court finds that D!,fendant IHlS committed
another act of ahus" or has cngaged in s pattern or practice that
indicates continued risk of harm to Plaintiff.
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 mi nor chi 1 d.
~ 8. A cert i fied copy of this Order shall be provided to the
police department where Plaintiff resides and any other agency
specif.ied hereafter: East pennsboro Pol ice Department.
o 9. THIS ORDER SUPERSEDES_O AN',' PRIOR PFA OPDER AND_O ANY
PRIOR ORDER RELATING TO CHILD CUSTODY
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 indi rect c,'iminal contempt, which is
punishable by a fine of un to $1,000.00 and/or un to six months
in jail. 23 Pa.C.S. 86114. Consent of the Plaintiff to
Defendant's return to the I'esidence shall not invalidate this
order, which can only be changed or modified through the filing
of appr'opriate COUl't panel's fa,' that nurpose. 23 Pa.C.S. 96113.
Defendant is further notified that violntion of this Order may
subject him/her to state charges and penalties under the
Pennsylvania Crimes Code and to federal charges and penalties
under' the Violence Against Women Act, 18 U.S.C. SS 2261-2262.
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.
i)
Dc; Qlld~lli t
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;c:: lc.''''lir:~ per:~CI'l~.::
tl.{lm'l
q'l, J ;It _i. .~?!J.(~hj P
Emma Jaeger
Shawn Abat,"
Samantha Abate
Kennet h Jaeger
Dani e I Scot t
Anthony Abate
',~, ~- 1 f r' i (,n c!
Son
Dc~u'Jh~' (~;
Sc' ~'1
~lt Cr.-S/...'"';~
Brcth~.~:
(j) Plaintiff has not prev~ausly p9rticipated 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 befor'e a COLIn in this or any other
jurisdiction.
(1) Plaintiff does not know any person not a party to this
action who has phYSical custody of the child 01' claims to have
custody or visitation rights With respect to the child.
(m) The best intel"lSts and pel'manent wel fare of the minor
child will be met if cllstody is temporal"ily granted to Plaintiff
pending a hearing in this matter for reasons including:
(1) Plaintiff is a responsible parent who
has provided for the emotional 2nd physical
needs of the child since his 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 chi ld.
10. The facts of t he most I-ecent i nc i dent of abuse are as
follows:
On 0/' about July 25, 1998, during a verbal
argument the defendant threatened to punch the
plaintiff causing her to fear for her safety.
11. Defendant has committed the following prior acts of abuse
against the Plaintiff:
i1. On or about July 22, 1998, the defendant became
enraged when the plaintiff would not agree to resume
their relationship, forcefully pOked the plaintiff's
cheekbone, called her a bitch and threatened that the
plaintiff shoulrj "watch her back" because the defendant
had four girls to beat her up caUSing her to fear for
her safety.
b. ':\n ')' It".:!)t. .1"J1~' 1:-1, !'~iq t\\.::~ ~..:(_'f"nrl::.~..,t t)~::C::1Tn(;
~)nt'aarl(l, ,~:;--:ll,'d !.11';" (.:'~:'li.~~ ~o: ,::1,_' n::lr">7-',:: l'hr-~:';ltf~ned
that h..} would k'i11 \~c.'~ ::,'r~ th:it ~':-he \'JculrJ be coming Ollt
of the hOU~~11 -ill a hl:"'d~/ b''!.CJ c.1IJ"':",ing her' to feat" fot" her
safety.
c. In c:-r' about the end of June I 1908J the
defendant threatened that he would get B gun
and ki 11 het' c:,usin'] het" to feal' for' Ilet'
safety.
d. In or' about thr, end of June, 1998, during a verbal
argument the defendant forcefully hit the plaintiff on
the side of her head and forcefully kicked her car
causing her to fear for her safety,
e. On or' about June 28, 1998, the defend'lnt threatened
that if he sees het" and the baby with anyone else in
her car, he wi 11 r'un them off the road causing her to
fear for her safety.
1. On several di ffet'ent occasions since 1996, the
defendant has harassed and stalked the plaintiff at her
home and place of employment, threatened that he had
three bullets waiting for her, repeatedly threatened to
I<ill her, forcefully ro\ised his fists at her,
threatened that he was going to hit het", and screamed
in her face causing her to fear for her safety.
12. The following police department or law enforcement agency in
the area in which Plaintiff lives should be provided with a copy
of the Protection Order: East pennsboro Police Department.
13. There is an immediate and present danger of further abuse
from the Defendant.
14. Defendant owes a duty of support to the minor child.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEAPING, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
A. Restrain Defendant from"abusing, threatening, harassing, or
stalking Plaintiff and/or minor child in any place where
Plaintiff may be found.
Award Plaintiff temporary custody of the minor child and place
the following restrictions or contact between Defendant and
chi 1 d:
Two hours of visitation with the minor child at the
plaintiff's residence located at 448 Third Street, Enola.
Cumber'l And Count y, PE,lnl):;yl van ;:_'1 r:\Il ~,'nn(jdY'~ tl'1d W~dtl;~,:~d'lYC;: f t"0m
6:00 p.m. unt'il R:no p.'!). ~;f'uinnj"(J (',~! ~.l()IH!:!Y, 1\!IDII,.'.t 3, l'Jt:"jn, ~lt
6~OO r',rn, I_IntI' 2:0(\ f".rp. ":,l'\rJ r.,:_~..r.i~~~;'t~0 th0!-pnft~~r.
B. Pr'ohibit DE..fcncL.lnt from rlil'/ina any COt~t3Ct I,'lit.h Pl:1intiff
and/or' minor child, eitho:'l' in p~~r-sr=,r~, by t~_~leph0nf!, Cf' in
writing, personally O~. thr-')ugh t~'~ir-(j pl.;)r'~;;ons, including, but not
limited to, .~l'1Y (;ont~~(;t ~t PlJ;t)tiff's school, business, or place
of employment J I~'!cept f::-) the COljr't m,(1)' find nf~cesSary wi th
respect to partial custody and/or visitation with the minor
child.
Prohibit Defendant from havina 2.ny contact WiUl Plaintiff's
relatives and Plaintiff's child/'en listed in this Petition,
except as the court may find necessary with respect to partial
custody and/or visitation with the minor child.
Order Defendant to pay temporary support for thp minor child/ren.
Order Defendant to pay the costs of this action, including filing
fees, service fees, and surcharge of $25.00.
Order Defendant to pay $250.00 to reimburse one of Legal
Servicies, Inc's funding sources for the cost of litigation in
this case.
Or'der the follOWing additional relief, not listed above:
a. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
b. Defendant is to refrain from harassing Plaintifr s
relatives and/or the minor child.
Grant such other relief as the court deems appropriate.
L. Order the police or other law enforcement agency to serve the
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 served.
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 will be served by confirming custody in Plaintiff as set
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[] On [Insert date and time], Defendant may enter the residence
to retrieve his/her clothing and other personal effects, provided
that Defendant is in the company of a law enforcement officer
when such retrieval is made.
II 3. Except as provided in Paragraph 5 of this Order, Defendant
is prOhibited from having ANY CONTACT with the Plaintiff at any
location, inCluding, but not limited to, any contact at the
Plaintiff's school, business, or place of employment. Defendant
is specifically ordered to stay away from the following locations
for the duration of this Order: Plaintiff's residence located at
448 Third Street, Enola, Cumberland County, Pennsylvania, and any
other residence the plaintiff may establish, except for the
limited purpose of tranSferring custody of the parties' child.
The defendant shall remain in his vehicle at all times during the
transfer of custody.
II 4. Except as provided in Paragraph 5 of this Order, Defendant
shall not contact the Plaintiff by telephone or by any other
means, inclUding third parties.
aD 5. Custody of the minor child, Aaron M. Abate shall be as
follows: see attached Custody Order.
[] 6. Defendant shall immediately turn over to the Sheriff's
Office, or to a local law enforcement agency for delivery to the
Sheriff's Office, the fOllowing weapons used or threatened to be
used by Defendant in an act of abuse against Plaintiff and/or the
minor child/ren:
[] 7. Defendant is prOhibited from possessing, tranSferring or
acquiring any other weapons for the duration of this Order. Any
weapons delivered to the sheriff under Paragraph 6 of this Order
or under Paragraph 6 of the Temporary Order shall not be returned
until further Order of Court.
ID 8. The fOllowing additional relief is granted as authorized
by 86108 of this Act:
a. 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
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
b. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
c. Defendant is to refrain from harassing Plaintiff's
relatives or the minor child.
d. The cost of litigation are waived.
[] 9. Defendant is directed to pay temporary support for [insert
the names of the persons for whom support is to be paid]
as follows: [insert amount,
frequency and other terms and conditions of the support order]
. This Order for support shall remain in effect
until a final support order is entered by this Court. However,
this Order shall lapse automatically if the Plaintiff does not
file a complaint for support with the Court within fifteen days
of the date of this Order. The amount of this temporary order
does not necessarily reflect Defendant's correct support
obligation, which shall be determined in accordance with the
guidelines at the support hearing. Any adjustments in the final
amount of support shall be credited, retroactive to this date, to
the appropriate party.
[] 10. The costs of this action are waived as to the Plaintiff
and imposed on Defendant.
[] 11. Defendant shall pay $* to Plaintiff as compensation for
Plaintiff's out-of-pOCket losses, which are as follows:
OR
[] plaintiff is granted leave to present a petition, with
appropriate notice to Defendant, to [insert the name of the judge
or court to which the petition should be presented] requesting
recovery of out-of-pocket losses. The petition shall include an
exhibit itemizing all claimed out-of-pocket losses, copies of all
bills and estimates of repair, and an Order scheduling a hearing.
No fee shall be required by the Prothonotary's office for the
filing of this petition.
o 12. BRADY INDICATOR
1. 0 The Plaintiff or protected person(s) is a spouse, former
spouse, a person who cohabitates or has cohabited with the
Defendant, a parent of a common child, a child of that person,
or a child of the Defendant.
2. 0 This Order is being entered after a hearing of which the
Defendant received actual notice and had an opportunity to be
heard.
3._0 Paragraph 1 of this Order has been checked to restrain the
Defendant from harassing, stalking, or threatening Plaintiff or
protected person(s).
4._[] Defendant represents a credible threat to the physical
safety of the Plaintiff or other protected person(s) OR
o The terms of this Order prohibit Defendant from using,
attempting to use, or threatening to use physical force against
the Plaintiff or protected person that would reasonably be
expected to cause bodily injury.
Ia 13. THIS ORDER SUPERCEDES_~ ANY PRIOR PFA ORDER AND_~ ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
14YI All provisions of this Order shall expire in one year, on
LU';jAM .\ / 9'7 7' .
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A
FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS.
23 PA.C.S. 86114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS
ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF
PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C.
82265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL
PROCEEDINGS UNDER THAT ACT. 18 U.S.C. 88 2261-2262. IF
PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT
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