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HomeMy WebLinkAbout00-06285 ~~- ~ . ":J - '-- (J '"~ -""-:....._~f1""~;':~'"""liI<l,,-"i! , Emily S. Beaston Plaintiff r 'Co,- ~ "-no.rro-&.28~ ~ T.u.-- : IN THE COURT OF COMMON : PLEAS OF : LEBANON COUNTY, : PENNSYL VANIA v. Claude A. Gregory Defendant : No. ~C:CD- L\:NLPS: : CIVIL ACTION-LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Claude A. Gregory ~ C:") ,,<> c.,,;'> Defendant's Date of Birth is: June 30, 1950 ,c..- Name(s) of All protected persons, including Plaintiff and minor children:' " ,;1 lJ.) C,.':) 0- I. Emily S. Beaston i'l AND NOW, on 14th Day of September, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. . 2. ),!;xcept for such contact with the minor child/ren as may be permitted under .paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. 3. Except for such contact with the minor child/ren as may be per,mitted under paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded ~~ - - ~ " - jJl . '."'-~''"'''~' ,.", _.",~",,,-,,:,,,,,j,,,",,,",,,,, 4. temporary custody of the following minor child/ren: 1. Morgan A. Gregory Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: 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 Plaintiff in accordance with the terms of this Order. 5. The following additional relief is granted: - Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. . - Order Defendant to pay the costs of this action, including filing and service fees. - Order Defendant to pay Plaintiff's reasonable attorney's fees. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Sub Station Pa State Police 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE 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.$I,OOO.OOand/or up to six months in jail. 23 Pa.C.S. ~6114. Consent of the Plaintitlto 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. ~6113. Defendant is further notified that violation of this Order may subject himlher 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. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS .-~-. - This Order: shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 4 of this Order, defendant shall 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 oflaw enforcement. 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 poss,ession of the weapons until further Order of this court, unless the weapon/s are evidence ofa crime, in which case, they shall remain with the law enforcement agency whose offic made the arrest. --Judge ~4-_Ll=~?:oo.9__ Date _~'"""C'=-'Y'''''''~ -1iIo' " "_ , _0" ~- - ~~ ~.~ ""1...._., '_""'~~""""~""-"-. Emily S. Beaston Plaintiff : IN THE COURT OF COMMON : PLEAS OF : LEBANON COUNTY, : PENNSYL VANIA , . v. Claude A. Gregory Defendant : No. : CIVIL ACTION-LAW : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HA VB BEEN SUED IN COURT. If you wish to defend against the claim 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. Any protection order granted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). A hearing on the matter is scheduled for the 21st Day of September, 2000 at 8:30AM, in Courtroom 3 at Lebanon County Courthouse, 400 South Eighth Street, Lebanolll PA 17042. 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. Under federal law, 18. U.S.C. 92265, this Order is enforceable anywhere in the United States. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act. 18 U.S.C. 92262. Violation of this Order may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. In addition, if you are subject to a FINAL PROTECTION ORDER, you may be prohibited from possessing, transporting, or accepting a firearm under the 1994 Amendment to the federal Gun Control Act, 18 U.S.C. 9922(d) and (g). 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. County Lawyer Referral Service MidPenn Legal Services 120 North Eighth Street Lebanon PA 17046 (717)274-2834 -.~ "~ -- """"''''_~~.~ -- "'rr._-",;"""",.,,,,"^,~'_, PFAD Number: ACI138715U Emily S. Beaston : IN THE COURT OF COMMON : PLEAS OF : LEBANON COUNTY, : PENNSYL VANIA Plaintiff v. : No. Claude A. Gregory Defendant : CIVIL ACTION-LAW : PROTECTION FROM ABUSE . PETITION FOR PROTECTION FROM ABUSE I. Plaintiffs name is: Emily S. Beaston 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Emily S. Beaston 4.. Plaintiffs Address is: 11 Butler Lane, Newville, Pa 17241 5. Defendant's Name is: Claude A. Gregory 6. Defendant is believed to live at the following address: 10209 Old Jonestown Road, Apt. 4 , Grantville, Pa 17028 , 7. Defendant's Date of Birth is: June 30, 1950 8. Defendant's Place of employment is: Unemployed 9. Defendant is an adult. "WI "~~" " .llllIk"""'. '~",,~,,;".';;oi--'-"f1'."' 1 O. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner II. The Plaintiff and the Defendant been involved in the following court actions: a. Custody 12. Other details of the court action are: Lebanon County - September 14,2000 13. The defendant has not been involved in a criminal court action. 14. Plaintiff and Defendant are the parents of the following minor child/ren: a.. Morgan A. Gregory Age:4 Months Child's address is: 10209 Old Jonestown Road, Apt. 4 , Grantville, P A 17028 15. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. Morgan A. Gregory For the past 5 years, this child has lived with: With Both parents at 10209 Old Jonestown Rd., Grantville, Pa. Until August 30, 2000. With Mother at 11 Butler Lane, Newville, Pa. from August 30th to September 3, 2000. With Father at 10209 Old Jonestown Rd.,Grantville, Pa. from September 3, 2000 to now. 16. The following other minor child/ren presently live with Plaintiff: a. Patrick Be~t~n Age:~. ':::>'4~<; The Plaintiff's relationship to this child is: . Mother 17. The facts of the most recent incident of abuse are as follows: On about Monday, September 04, 2000 at approximately 11:00AM location: 10209 Old Jonestown Rd. , Grantville, Pa. My mother and I went to Mr. Gregory's home in Grantville to get Morgan Gregory around 11:30 a.m. Morgan was in my arms, Mr. Gregory hit my face, pulled my arm away and took Morgan. He then ran out the door with Morgan in his arms. 18. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: January 7, 2000 . I went out with a friend after work and Mr. Gregory found my car parked at a local market. He pulled my spark plugs out of car when I arrived back he returned and verbally abused me and threw me up against the car. I was curre~tly pregnant with .' l~ . "~_"_",,;j\-,'1li',",,,,' Morgan. 19. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Carlisle Sub Station Pa State Police 20. There is an immediate and present danger offurther abuse from the Defendant. 21. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: c. 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 Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. e. Order Defendant to pay the costs of this action, including filing and service fees. f. Order Defendant to pay Plaintiffs reasonable attorney's fees. g. 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 the Defendant's residence, where Defendant can be served. VERIFICATION I verifY 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 ~ ~ \L\\~~ Date "" " - Petition Prepared by: Agency: LMR Law Library ~ -" ~.- . ~~"""'i"";:.,.."",,,,.o,,,,, "''""' ..a'lll_.-~,,,,,,_,",,,,,,,",,,,j,,,-'l~'''<-'-'-''''_J, IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA t CIVIL ~i . \ ffl \ 'v\.JJ. ZtC\s\rr , , Pla~ntJ.U' B v. C l\\\(~ \\\ (J1'~~, Defendant . ~ \, ACTION- FAMILY DIVISION NO: PROTECTION FROM ABUSE CONSENT FORM I have presented a ?et~tion to the Cour~ under the Protection From pbuse Act. I hereby acknowledge my responsibility to pay the filing fees and sheriff's cos~s in the event I should withdraw that petition or fail to appear at the time se~ for procedures before the Court under that Act. Those fees are as follows: $25.00 $25.00 to the Prothonotary Office, Rrn. 104, Municipal Bldg., Lebanon, Pa. $30.00 $30.00 to the Sheriff's Department, Rrn. 3, Municipal Bldg., Lebanon, Pa. $55.00 Total If I fail to appear at the time set for procedures before the Court, I understand additional sheriff fees will be charged to me. . The appropriate fees shall be paid to the Prothonotary and the Sheriff, who shall each cause a receipt therefor to be given the Plaintiff. The Court, upon presentation of the receipt, will issue an order granting permission to Plaintiff to withdraw the Protection From Abuse Court Order. Additional Cost may be incurred by the Defendant pursuant to Act 85 of 1994. ,J) r!- \ l\) CD Date -"'^"'<-'c<'~'i..~. ,. ~_ ~~'_~ .d- "_a~><ll>ill.~" -- -" '~~~'Ji'Wl~w;I;&;;:"I"""I<ill;"-'f-,,":'8')M-,",,''[~ ~. ~~ '~~~~MMt ~ ~~ >,~ ._ "_"_<. .'____r,"_'.__c A TRUE ATTEST: --- MICHAEl J. DelEO. SHERIFF ,"\ r, r') Y ~<.,i Lf,1 r " c '<, ~ .. " .. e g 0 ::0 -~ K? -q fiBre "-1 if "'"l:> ,.0:~ - +-.1;::.:.1 40- ~~i'l'-" ~o :v? ~'.)- ;-," ~ . 18 ':!:?' :;:!~ -1t-11 ...... r)~_" ~ ~C), ~ C5rf7 - f!l ('1:) ,