HomeMy WebLinkAbout01-1376 FX
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ESTHER L YN TENNY,
Plaintiff
v.
GERALD EUGENE TENNY, ill,
Defendant
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PF AD Number: CH1202008T
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYL VANIA
: Civil Action - Law
.
: 01- I g 7"
: Protection From Abuse
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
ESTHER LYN TENNY
2. I, (the Plaintifi), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. ESTHER LYN TENNY
4. Plaintifi's Address is : CONFIDENTIAL
5. Defendant's Name is:.
GERALD EUGENE TENNY, ill
6. Defendant is believed to live at the following address:
100A Verbeke Street, Marysville, PA 17053
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7. Defendant's Social Security Number is:
181-62-7092
8. Defendant's Date of Birth is:
May 1, 1973
9. Defendant's Place of employment is:
Car Circus, 3725 Waluut Street, Harrisburg, PA
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Spouse
Parents of the same cbildren
12. The Plaintiff and the Defendant been involved in the following court actions:
a. Custody
13. Other details of the court action are:
Dauphin County, Pennsylvania, Docket No,902-S-1999.
14. The defendant has been involved in a criminal court action.
15. The defendant is not currently on probation / parole
16. Plaintiff and Defendant are the parents of the following minor child/ren:
a. TYLER DREW TENNY
Age: 6 years old
Child's address is: CONFIDENTIAL
b. TRAVIS GERALD TENNY
Age: 3 years old
Child's address is: CONFIDENTIAL
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17. There is an existing court order regarding the custody of the Plaintiff's and Defendant's minor children.
The terms of the order are: Judge Joseph H. Kleinfelter entered a custody order on May 20,1999
(Dauphin County, Pennsylvania, Docket No. 902-S-1999), pursuant to a Stipulation in Custody
signed by the parties and their attorneys, Andrea C. Jacobsen for Plaintiff and Robert P. Klein
for Defendant. See attached Exhibit A, incorporated herein by reference. The parties, by and
through their respective custody attorneys, are currently negotiating revisions to the terms mthe
custody order entered on May 20,1999. Pending further order after the hearing scheduled in
this matter. Plaintiff requests that custody arrangements and/or issues regarding the parties'
minor children be commnnicated through the parties' custody attorneys, and that transfer of
custody be facilitated by a third party mutually agreed upon by the parties to ensnre Plaintiff's
safety and to avoid any contact with Defendant.
County: Dauphin
State: P A
18. The facts of the most recent incident of abuse are as follows:
On about Saturday, February 17,2001
location: 100A Verbeke Strcet, Marysville (Perry County) the marital residence
Defendant. who was standing, punched Plaintiff in the face as she was sitting in a chair. Plaintiff
sustained injuries including, but not limited to, bruising, swelling and soreness on her forehead,
a broken nose, and a black eye as a result of this incident. Plaintiff reported the incident to the
Pennsylvania State Police in Perry County. Defendant was charged with simple assault. arrested,
arraigned, and released on bail with a condition of bail that Defendant have no contact with
Plaintiff. A preliminary hearing on the criminal charges is schednled for March 14,2001, at 2:00
p.m. before District Justice Moyer in Perry County.
On or about February 18, 2001, despite the no contact provision of his bail, Defendant
telephoned Plaintiff at the marital residence, had his family members and friends telephone her
repeatedly to try to coerce her to reconcile with him, and had his mother take Rowers to Plaintiff
on his behalf.
On February 19, 2001, a Rorist delivered Rowers to Plaintiff sent by Defendant, which sbe did
not accept. Defendant also sent a mutual friend to talk to Plaintiff on his behalf. The same day,
when Plaintiff telephoned Defendant's mother to teU her that she could not come to her home for
lunch that day, she heard Defendant talking in the background and realized that his mother had
acted on his behalf to lure her to her home where Defendant would be. Plaintif{bung up the
phone.
On or about February 20, 2001, the parties' 6-year-old son, Tyler, returned home from sdlGol
and told Plaintiff that Defendant came to his school that day and told told him to tell Plaintiff
that he said hello, and that he loved her.
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19. Prior incideqts of abuse that the Defendant has committed against Plaintiff or the minor child/ren,
(including arjy threats, injuries, or incidents of stalking) are as follows:
In or about ,Aug9st 2000, Defendant shoved Plaintiff against the door, and punched her on the
mouth. Pla~tit'tllnstained swelling, soreness, and a cut lip as a result of this incident.
From appr~~ima~ely 1994 through 1996, Defendant abused Plaintiff in ways including, but not
limited to, s\ioving, slapping, punching, and kicking her. During an incident in
or about A~gust 1994, when Plaintiff was four months pregnant, Defendant punched her in the
abdomen aJ1"d face, and bit her shoulder. Plaintiff sustained bruising, swelling and soreness
about both her eyes, and a bite mark on the shoulder.
20. The police departrnent(s) or law enforcement agencies that should be provided with a copy of the
protection Older are:
".
PENNSYLYANIA STATE POLICE
DAUPHIN COUNTY DISPATCH
HARRISBURG POLICE DEPARTMENT
21. There is an inunediate and present danger of further abuse from the Defendant.
22. 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
minOT child/ren in any place where Plaintiff may be found.
b. 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 school, business, OT place of
employment, except as the court may find necessary with respect to partial custody
and/or visitation with the minor child/ren.
c. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's
children listed in this petition, 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 detennined at the hearing.
e. Order Defendant to pay the costs of this action, including filing and service fees.
f. Order the following additional relief, not listed above:
Direct that custody arrangements and/or issues regarding the parties' minor
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children be communicated through the parties' custody attorneys, and that
transfer of custody be facilitated by a third party mutually agreed upon by the
parties to ensure Plaintiff's safety and to avoid any contact with Defendant.
Order Defendant to refrain from harassing Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property owned jointly by
the parties or owned solely by Plaintiff.
Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding
sources for the cost oflitigating this case.
g. Grant such other relief as the court deems appropriate,
h, 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.
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" Carey, Att. for Plaint'
Agency: MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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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 trne 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:
2(27/01
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MAR-09-2001 14:38
JACOBSEN & MILKES
717 249 8427 P.01
GERALD E. TENNY, III,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: DAUPHIN COUNTY, PENNSYLVANIA
: NO. 902-S-1999
ESTHER L. TENNY,
Defendant .
: CIVIL ACTION
ORDER OF COURT
AND NOW, this ~ of ~ 1999 having reviewed
the Custody Stipulation by the parties' in tbis matter, the Court being satisfied
that the best interests of the minor children born to their marriage, TYLER
DREW TENNY, born January I, 1995, presently 4 years of age, and TRAVIS
GERALD TENNY, born February 25, 1998, presently 1 year of age,
will be served hereby, IT IS HEREBY ORDERED AND DECREED as follows:
1. The parties will share legal and physical custody of the children.
2. The parties will share physical custody according to the following two
week schedule;
a In week one, Gerald will have custody from Sunday evening at 5:00
p.m. until Thursday at 10:00 am. Esther will have custody for Thursday through
Monday.
Exhibit A
.
MAR-09-2001 14:38
JACOBSEN & MILKES
717 249 8427 P.02
b. In week two, Gerald will have the children from Monday at 6:00
p.m. until Thursday at 10 am. Esther will have custody for Thursday until Sunday
evening when the cycle begins again. .
c. In odd years, notwithBtanding the regular custody cycle, Esther will
have custody of the children from 12:00 noon on Christmas Eve until 12:00 noon on
Christmas Day. Gerald will have custody from 12:00 noon on Christmas Day until
12:00 noon on December 26.
d. In even years, notwithstanding the regular custody cycle, Gerald
will have custody of the childrenfroni 12:00 noon on Christmas Eve until 12:00
noon on Christmas Day. Esther will have custody from 12:00 noon on Christmas
Day until 12:00 noon on December 26.
e. Each yeax, Esther will have custody of the children on the Fourth
of July holiday from 6:00 p.m. the evening before the holiday until 6:00 p.m. the
day of the holiday.
f. Each year, Gerald will have custody of the children on the Memorial
Day holiday from 6:00 p.m. the evening before the holiday until 6:00 p.m. the day
of the holiday.
g. Each year, Gerald wil(have custody of the children on
Thanksgiving Day until 2:00 p.m. Esther will have custody from 2:00 p.m. on,
according to the usual schedule.
3. The parties may vary the above schedule upon mutual agreement.
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MAR-09-2001 14:39
JACOBSEN & MILKES
717 249 8427 P.03
4. Notwithstanding the regular custody cycle, either party may have custody
of the children for an extended vacation period during timea of vacation from work.
Each party agrees to try to coordinate his or her vacation plans with the plans of
the other party and give the other party the mmdmum notice possible of his or her
vacation schedule.
5. The above custody schedule is based upon the current wOJ:k schedules of
the parties. In the event of a change of work schedule, the parties iiliall attempt to
cooperate to accommodate the new or modified work schedule, and to give each
other the'maximum notice possible of any change in schedule. In the absence of
mutual agreement, the current custody schedule shall remain in effect.
6. The parties arll directed to cooperate to the maximum extent possible to
facilitate their joint legal custody and shared physical custody in the best interest of
their children. They shall each refJ:ain from speaking ill of the other party in front
of the children. They are directed to cooperate as necessary to facilitate the custody
and visitation schedule set forth herein to promote the best interest of their
children, and shall provide each other with the m:!yimum notice possible of any
request for modification of the above schedule.
By the Court,
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I hereby certify that the foregoin~ is a
true and correct COP]f the origmal
filed.
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Proth notary
TOTAL P.03
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ESTHER LYN TENNY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01- /37i CNILTERM
GERALD EUGENE TENNY, m,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the cIairns 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 bearing on this matter is schednled on the j6~y of March, 2001, at LtfJ:. 3 0 .zt.m., in
Courtroom No.~ on the 4th Floor ofthe Cumberland County Courthouse, 1 Courthouse Square,
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 of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six
months injail under 23 Pa.C.S. ~61l4. Violation may also subject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code. Under federal law, 18 US.e. ~2265, this Order is enforceable
anywhere in the United States, tribal lands, US. Territories and the Commonwealth of Puerto Rico. 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 US.C. ~ 2261-2262.
You sbonld 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.
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ESTHER L YN TENNY,
Plaintiff
: In the Court of Conunon Pleas of
: CUMBERLAND County,
: PENNSYLVANIA
v,
: Civil Action - Law
: 01- In<-
GERALD EUGENE TENNY, 1lI,
Defendant
: Protection From Abuse
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: GERALD EUGENE TENNY, III,
Defendant's Date of Birth is: May 1, 1973
Defendant's Social Security Number is: 181-62-7092
Name( s) of All protected persons, including Plaintiff and minor children:
1. ESTHER LYN TENNY
AND NOW, on 9th Day of March, 2001 upon consideration of the attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
Plaintiff's request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any
place where they might be found.
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2. 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 Plain tift's school, business, or place of employment. Defendant is
specifically ordered to stay away from the following locations for the duration of
this order.
Plaintitl"s current address, which is confidential.
Plaintiff's place of employment:
United Parcel Service
1821 South 19th Street
Harrisburg, P A
The school and/or child care facility of the minor children.
The residence ofPlaintitl"s father, except for the limited purpose of
transferring custody of the parties' minor children, if designated:
Allan Swainston
54 West Main Street
New Kingston, PA
Pending further order after the hearing scheduled in this matter, custody
arrangements and/or issues regarding the parties' minor children shaH be
communicated through the parties' custody attorneys, Andrea C. Jacobsen
for Plaintiff, and Robert Klein for Defendant, and transfer of cnstody shaH be
facilitated by a third party mutually agreed npon by the parties.
3. 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. The following additional relief is granted:
Defendant is prohibited from having any contact with Plaintiff's relatives
listed in this petition, except as the court may find necessary with respect to
facilitating transfer of custody of the parties' minor children.
Defendant is ordered to refrain from harassing Plaintitl"s relatives.
Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
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5. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
PENNSYLVANIA STATE POLICE
DAUPHIN COUNTY DISPATCH
HARRISBURG POLICE DEPARTMENT
6. 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.
7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL SEPTEMBER 9,2002 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 $1,000.00 and/or up
to six months injail. 23 Pa.C.S. ~6114. 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.
~6l13. Defendant is further notified that violation 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. ~~226l-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintifl's
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 through 3 of this Order,
defendant shall be arrested on the charge of Indirect 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 Sheriff's 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
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arrest.
Judge
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FAXed & mailed to PSP"{ 3 -g - 0 I
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03-09-01
R)(S
Distribution to:
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row, Carlisle, P A
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03/~9101. . FRI 16: 21 FAX 717 240 6573
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OFfICE OF 'l11E PRO'I1iCX'OI'ARY
CUMBERLAND CCXINlY CXXJRTIiCXJSE
ONE COOR'IllOOSE SQUARE
CA8LISLE. PA. 17013~3387
(7I7) 240-6195
FAX (717) 240-6573
LS V I ATE L E C 0 ~ I E R
le'(\,troJ PRocess; rty
PA STATE POLICE
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717-249-0779
CURTIS R. LONG
PFA ORDERS
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ROBERT P. KLINE, ESQ.
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March 14,2001
Honorable George E. Hoffer, P.J.
Court of Common Pleas of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
R.: Esther Lyn Tenny v. Gerald Eugene Tenny, III
No. 01-1376 Civil Term /
VIA FACSIMILE AND FIRST CLASS MAIL
Dear Judge Hoffer:
You had issued a temporary Protection Prom Abuse Order in the above matter on
March 9, 2001. This Order was served on my c1ientjust last evening (March 13,2001), and my
client contacted me this morning. A hearing on this matter is scheduled for tomorrow moming,
March 15, 2001, at 10:30 AM. I am not available at that time and, on such short notice, am not
in a position to rearrange my schedule. Therefore, on behalf of my client, and with his consent, I
respectfully request that this hearing be continued to a new date and time in the near future. I
have contacted Joan Carey, attorney for Mrs. Tenny in this matter, to seek a concurrence, and she
is agreeable to a continuance as long as the new date and time is coordinated with her schedule
(as well as with mine).
I thank you in advance for your consideration of this request.
Very truly yours,
~?UJL-
ROBERT P. KLINE, ESQUIRE
RPK/srf
cc: Joan Carey, Esquire, via facsimile and first class mail
Gerald E. Tenny, III
71-+ Bridge Street
J~O. Box 46/
f'.<ew Cumberland. 1='.1\ 17070
I7L7) nO-:!54Q
(717) 243.5940
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SHERIFF'S RETURN - OUT OF COUNTY
tASE NO: 2001-01376 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TENNY ESTHER LYN
VS
TENNY GERALD EUGENE III
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
TENNY GERALD EUGENE III
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of PERRY
County, Pennsylvania, to
serve the within PROTECTION FROM ABUSE
16th , 2001 , this office was in receipt of the
On March
attached return from PERRY
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Perry County
18.00
9.00
10.00
35.20
.00
72.20
03/16/2001
So answers:
~~~
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this .;.!f~ day of~
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prothonotar
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Esther Lvn Tenny YS. Gerald Eugene Tenny III
No. 01-1376 Civil
Now, 3/9/01
, 20 ~ I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Perry
County to execute this Writ, this
deputation being made at the request and risk Ofthe.?~~fP
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
March 1 3 ..
, 20~, at 5: 30 o'clock
P M. served the
within
Norice of Hearing and Order Temporary Protection from Abuse Order
upon Gerald Eugene Tenny III
and Petition
at
100 A Verbeke St. Marysvi1le Boro, Perry County, PA.
by handing to Gerald Eugene Tenny III
and made known to
him
Notice of Hearing and
copy of the original Order Temporary Protection
from Abuse Order and Petition
the contents thereof.
a
true and attested
So answers,
~t~
Deputy Sheriff of ~ Perry
County, PA
Sworn and subscribed before
me this /3Jh day of JlJPJodt ' 20 ~
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IMRGAREf F. FLICKINGER. NOTA. RY p. UBl:JC .
BLOOMFIELD BORO.. PERRY CJUNTY
COMMISSION EXPIRE FF.' '004
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
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ESTHERLYNTENNY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 01-1376 CNIL TERM
GERALD EUGENE TENNY, ill,
Defendant
PROTECTION FROM ABUSE
k ORDER OF COURT
AND NOW, this ~ day of March , 2001, upon consideration of the request of
Defendant for a continuance, with the concurrence of counsel for the Plaintiff, the hearing
previously scheduled for March 15,2001 at 10:30 AM is hereby continued to Monday,
April 16, 2001, at 1 :30 PM, in Courtroom No.3 of the Cumberland County Courthouse in
Carlisle.
Pending said hearing, this Court's Temporary Protection From Abuse Order dated
March 9, 2001, shall remain in full force and effect.
BY THE COURT:
P.J.
cc: Robert P. Kline, Esquire
Mid-Penn Legal Services
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ESTHER L YN TENNY,
Plaintiff
v.
GERALD EUGENE TENNY, III,
Defendant
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: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYL VANIA
.
: Civil Action - Law
: 01-
: Protection From Abuse
: No. 01-1376
CONTINUED TEMPORARY ORDER
AND NOW, this 17th Day of April, 2001, pursuant to 23 Pa.C.S. ~6107(c), the
terms and conditions of the Temporary Order issued on 9th Day of March, 2001, in
the above-captioned case are hereby continued in full force and effect until further
order of the court.
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Distribution To:
MIDPENN Legal Services
Faxed & Mailed to PSP
Robert Kline, Attorney for Defendant - Cor!
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ESTHER L YN TENNY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 01- 1376 CNIL TERM
GERALD EUGENE TENNY, III,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff, Esther Tenny, by and through her attorney, David Lopez, ofMidPenn Legal Services,
moves the Court for an Order continuing generally the hearing in the above-captioned case on the
grounds that:
1. A continuance was issued by this Court on scheduling a hearing for April 16, 2001, at
1:30 p.m.
2. The parties agree, by and through their respective counsel, that the hearing be continued
generally to afford them time to execute a consent agreement.
3. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for
a period of eighteen months from the date it was entered, through September 9, 2002, or until further
Order of Court, whichever comes fIrst.
WHEREFORE, Plaintiff requests that the Court grant this Motion and continue this matter
generally for hearing, and that the Temporary Protection From Abuse Order remain in effect - for
a period of eighteen months from the date it was entered, through September 9, 2002, or until further
Order of Court, whichever comes first.
avid Lopez, Attorney 0
MidPenn Legal Servic
8 Irvine Row
Carlisle, P A 17013
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ESTHER L YN TENNY,
Plaintiff
: In the Court of Connnon Pleas of
: CUMBERLAND County,
: PENNSYLVANIA
v.
: Civil Action - Law
.
: 01- 137b
GERALD EUGENE TENNY, III,
Defendant
: Protection From Abuse
FINAL ORDER OF COURT
Defendant's Name is: GERALD EUGENE TENNY, III,
Defendant's Date of Birth is: May 1, 1973
Defendant's Social Security Number is: 181-62-7092
Name(s) of All protected persons, including Plaintiff and minor children:
1. ESTHER L YN TENNY
AND NOW, this At ~.\ 2 (, l 200ft the court having jurisdiction over the parties
and the subject-mat er, it is ORD RED, ADJUDGED and DECREED as
follows:
Upon agreement of the parties for the entry of a consent order, this order will be
entered without any admission ofliability by the defendant and without a
finding of abuse by this court:
e~
Plaintiffs request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other
protected person in any place where they might be found.
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2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or
any other person protected under this Order, at any location, including but not
limited to any contact at Plaintiffs school, business, or place of
eIl:\ployement. Defendant is specifically ordered to stay away from the
following locations for the duration of this order.
Plaintiffs current address, which is confidential.
Plaintiffs place of employment:
United Parcel Service
1821 South 19th Street
Harrisburg, P A
The school and/or child care facility of the minor children except to
facilitate custody as agreed by the parties through their counsel
presently Andrea C. Jacobsen fOil" Plaintiff and Robert Kline for
Defendant, or for conferences, or school activities.
The residence of Plaintiffs fathell", except for the limited purpose of
transferring custody of the parties' minor children, if designated:
Allan Swainston
54 West Main Street
New Kingston, PA
Custody exhange shall be facilitated through Defndant's mother and/or
sister or any other mutually agreed upon third party.
3. Defendant shall not contact the Plaintiff, or any other person protected under
this Order, by telephone or by any other means, including through third
persons.
4. The following additional relief is granted as authorized by 96108 of the Act:
Defendant is ordered to refrain from harassing Plaintiffs relatives.
Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
If there is an agreement by the parties to participate in marriage
counseling in the future, any contact between the parties at the marriage
counseling, shall not be deemed a violation ofthis Order.
Custody arrangements and/or issues regarding the parties' minor
children shall be as presently agreed and communicated through the
parties' custody attorneys, presently Andrea C. Jacobsen for Plaintiff
and Robert Kline for Defendant. Such third party communication shall
not be a violation of this Order.
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The court costs and fees are waived.
5. A certified copy of this Order shall be provided to the police department
where Plaintiff resides and any other agency specified hereafter:
PENNSYLVANIA STATE POLICE
DAUPIDN COUNTY DISPATCH
HARRISBURG POLICE DEPARTMENT
6. THIS ORDER SUPERSEDES:
1. ANY PRIOR PF A ORDER
7. All provisions of this order shall expire on: March 15, 2002
NOTICE TO THE DEFENDANT
VIOLA nON 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. ~6ll4. VIOLATION MAY ALSO
SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER
THE PENNSYL VANIA 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 ACT, 18 U.S.C. ~2265. 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 ~~226l-2262. IF THE BRADY INDICATOR PARAGRAPH
APPEARS IN THE ORDER, YOU MAYBE SUBJECT TO FEDERAL
PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS
OF THE GUN CONTROL ACT, 18 U.S.C. S922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
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The police who have jurisdiction over the plaintiff's residence OR any
location where a violation of this order occurs OR where the defendant
may be located, shall enforce this order. An arrest for violation of
Paragraphs 1 through 3 of this order may be without warrant, based soley
on probable cause, whether or not the violation is committed in the
presence of the police. 23 Pa.C.S. S6l13.
Subsequent to arrest, the police officer shall seize all weapons used or
threatened to be used during the violation of the protection order or during
prior incidents of abuse. The Cumberland County Sheriff shall maintain
possession of the weapons until further order of this Court.
When the defendant is placed under arrest for violation of this order, the
defendant shall be taken to the appropriate authority or authorities before
whom defendant is to be arraigned. A "Complaint for Indirect Criminal
Contempt" shall then be completed and signed by the police officer OR
the plaintiff. Plaintiff's presence and signature are not required to file the
complaint.
If sufficient grounds for violation of this order are alleged, the defendant
shall be arraigned, bond set and both parties given notice of the date of the
hearing.
If
pursuant to the consent of Plaintiff and Defendant:
an Carey
Attorney for Plai iff
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
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Robert Kline
Attorney for Defendant
714 Bridge Street
P.O. Box 461
New Cumberland, PA 17070
04/27/01 FRi 13~43 FAX 717 240 6573
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CUMB CO PROTHONOTARY
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*** MULTI TN REPORT ***
***************************
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CENTRAL PROCESS
LEGAL SERVICES
PSP
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QFflCE OF THE PRorHa-oTARY
CUMBERLAND COONTY CXXJRTHCUSE
CNE COOR'lliCXISE SQUARE
CARLISLE, PA. 17013-3387
[717) 240-6195
FAX (717) 240-6573
VIA TELECOPIER
TO: PA STATE POLICE - CeM". Pa,e.e.u:., M. 1.1..$ .
FAX U:
717-249-Q779
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NKM; CURTIS R. LONG
RE: PFA ORDERS
MESSAGE:
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NO. OF PAGES (INCLUDING rovER SllEET)
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ESTHER L YN TENNY,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYL V ANlA
v.
: Civil Action - Law
: No. 01-1376
GERALD EUGENE TENNY, III,
Defendant
: Protection From Abuse
MODIFIED FINAL ORDER OF COURT
Defendant's Name is: GERALD EUGENE TENNY, ill,
Defendant's Date of Birth is: May 1, 1973
Defendant's Social Security Number is: 181-62-7092
Name( s) of All protected persons, including Plaintiff and minor children:
1. ESTHER L YN TENNY
AND NOW, thi~Day of August, 2001 the court having jurisdiction over the
parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as
follows:
Plaintiff, Esther Lyn Tenny, is represented by Joan Carey ofMidPenn Legal Services;
Defendant, Gerald Eugene Tenny, m, is represented by Robert P. Kline, Attorney at
Law.
Upon agreement of the parties for the entry ofa consent order, this Order will be
entered without any admission of liability by Defendant and without a finding of abuse
by this Court.
Plaintiff's request for a modified finalproteetion order is granted.
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1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected
person in any place where they might be found.
2. Defendant is prohibited from having ANY CONTACT with the 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 ernployement. Defendant is
specifically ordered to stay away from the following locations for the duration of this
order.
Plaintiff's current address, which is confidential.
PlaintiWs place of employment:
United Parcel Service
1821 South 19th Street
Harrisburg, P A
The school and/or child care facility of the minor children except to facilitate
custody as agreed by the parties through their counsel presendy Andrea C.
Jacobsen for Plaintiff and Robert Kline for Defendant, or for conferences, or
school activities.
The residence of Plaintiff's father, except for the limited purpose of
transferring custody of the parties' minor children, if designated:
AIlan Swainston
54 West Main Street
New Kingston, PA
Defendant may have contact with Plaintiff for the limited purpose of
transferring custody of the parties' minor chil4ren at mutuaRy agreed
locations. Such non-harassing contact shall not be construed as a violation of
this Order.
3. Defendant shall not contact the Plaintiff; or any other person protected under this
Order, by telephone or by any other means, including through third persons.
4. The following additional relief is granted as authorized by~6l 08 of the Act:
Defendant is ordered to refrain from harassing PlaintitT's relatives.
Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
If there is an agreement by the parties to participate in marriage counseling in
the future, any contact between the parties at the marriage counseling shall
not be deemed a violation ofthis Order.
Custody arrangements and/or issues regarding the parties' minor children
shaD be as presently agreed and communicated through the parties' custody
attorneys, presently Andrea C. Jacobsen for Plaintitfand Robert Kline for
Defendant. Such third party communication shall not be a violation of this
Order.
The court costs and fees are waived.
5. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
PENNSYLVANIA STATE POLICE
DAUPHIN COUNTY DISPATCH
HARRISBUltG POLICE DEPARTMENT
6. THIS ORDER SUPERSEDES:
1. ANY PRIOR PF A ORDER
7. All provisions of this order shall expire on: March 15,2002
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 PAC.S. ~6114. 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, US. TERRITORIES AND THE
COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACT, 18 US.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US.C ~~226l-
2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER,
YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES
UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C.
9922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR
AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintift's residence OR any location where a
violation of this order occurs OR where the defendant may be located, shall enforce
this order. An arrest for violation of Paragraphs 1 through 3 of this order may be
without warrant, based soley on probable cause, whether or not the violation is
conunitted in the presence of the police. 23 Pa.C.S. 96113.
Subsequent to arrest, the police officer shall seize all weapons used or threatened to be
used during the violation of the protection order or during prior incidents of abuse.
The Cumberland County Sheriff shall maintain possession of the weapons until
further order of this Court.
When the defendant is placed under arrest for violation of this order, the defendant
shall be taken to the appropriate authority or authorities before whom defendant is to
be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed
and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are
not required to file the complaint.
If sufficient grounds for violation of this order are alleged, the defendant shall be
arraigned, bond set and both parties given notice of the date of the hearing.
By the Court, I
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Geor . Hoffer, President Judge
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Distribution to:
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row, Carlisle, P A 17013
fQ(Jc)no.'ty giVer,
Robert P. Kline, Attorney for Defendant
Kline Law Office
714 Bridge Street, P.O. Box 461
New Cumberland, P A 17070
CCfY Mailed
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FAXed and mailed to PSP
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ESTHER L YN TENNY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01- 1376 CNIL TERM
GERALD EUGENE TENNY, III,
Defendant
: PROTECTION FROM ABUSE
PETITION FOR MODIFICATION
Plaintiff, Esther Lyn Tenny, by and through her attorney, Joan Carey, of MidPenn Legal
Services, represents the following:
L Plaintiff, Esther Lyn Tenny, desires that the Final Order of Court entered on
Apri126, 2001, be modified to allow Defendant to have contact with her for the limited purpose of
transferring custody of the parties' minor children, and that such contact of a non-harassing nature
will not be construed as a violation of the Order.
2. Plaintiff desires that the portion of paragraph 2 of the Final Order of Court which
ordered that custody exchange be facilitated through a third party, be vacated.
3. Plaintiff desires that all other provisions of the Final Order of Court entered on
Apri126, 2001, remain in full force and effect.
WHEREFORE, Plaintiff requests that the Final Order of Court entered on
April 26, 2001, be modified to reflect the above provisions, and that in all other respects, the Order
remain in full force and effect.
Carey, Attorney fo
MidPenn Legal Servi
8 Irvine Row
Carlisle, PA 17013
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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 th penalties of 18 Pa.C.S.~4904, relating
to unsworn falsification to authorities.
Dated:
8(1/01
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08/02/01 THU 14:05 FAX 717 240 6573
CUMB CO PROTHONOTARY
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