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HomeMy WebLinkAbout99-03845;? yw h: ti ?? {?;1 r; 1 ,., VALERIE L. YANNONE, FOR HERSELF AND ON BEHALF OF THE MINOR CHILD, ANTHONY S. YANNONE, PLAINTIFFS GARY S. YANNONE, VS. DEFENDANT :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 3845 CIVIL TERM :PROTECTION FROM ABUSE AND CUSTODY FINAL ORDER OF COURT Defendant's Name: Gary S. Yannone Defendant's Date of Birth: 10/25/53 Defendant's Social Security Number: 194-44-7812 Names of all Protected Persons, including Plaintiff and minor child: Valerie L. Y one and hon S. Yannone AND NOW, this day of 1999, the court having jurisdiction over the parties ;and t subject-matter, it is ORDERED, ADJUDGED, and DECREED as £ owe: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is represented by Hubert X. Gilroy of Hroujos and Gilroy, P.C. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegations made in the Petition. O Plaintiff's request for a Final Protection Order is denied OR ®Plaintiff's request for a Final Protection Order is granted. ® 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. ® 2. Defendant is completely evicted and excluded from the residence at 17 Grant Court, Carlisle, Pennsylvania or any other residence where Plaintiff may live. Exclusive possession of the t residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ? 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. ® 3. Except as provided in 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 place of employment at Dame Media, 800 Corporate Circle, Harrisburg, Pennsylvania. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 17 Grant Court, Carlisle, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish. ® 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. ® 5. Custody of the minor children, Anthony S. Yannone (DOE 11/18/98), shall be as follows: see attached Temporary 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. 08. The following additional relief is granted as authorized by 56108 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 court costs and fees are waived. ® 9. Defendant is directed to pay temporary support for Anthony S. Yannone as follows: $150.00 bi-weekly beginning Friday, July 2, 1999. 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 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 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 I bills and estimates of repair, No fee shall be required by the filing of this petition. and an order scheduling a hearing. Prothonotary's office for the ? 12. BRADY INDICATOR 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2.0 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR ? The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. 013. THIS ORDER SUPERCEDES ® ANY PRIOR PFA ORDER AND ® ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this order shall expire in one year. NOTICE TO 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. 56114. 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. 52265. 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. 55 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. 5922(6), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 56113. Subsequent to an 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 (insert the appropriate name or title] shall maintain possession of the weapons until further order of this Court. When Defendant is placed under arrest for violation of the Order, 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 Plaintiff, Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, /Or .. H f er, President Judge if entered pursuant to the consent of Plaintiff and Defendant: Valerie L. Yam ne Plaintiff Philip oBanti, Joan Carey, and Andrea Levy Attorneys for Plaintiff 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Gary S. Yannone Defendant Hubert X. Gilroy Attorney for Defe dant 4 North Hanover Carlisle, PA 17013 (717)243-4574 ., _' ? ;: VALERIE L. YANNONE, FOR HERSELF AND ON BEHALF OF THE MINOR CHILD, ANTHONY S. YANNONE, PLAINTIFFS GARY S. YANNONE, VS. DEFENDANT IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 3845 CIVIL TERM :PROTECTION FROM ABUSE AND CUSTODY TEM$ORARY CUSTODY ORDER AND NOW, this M day of - ;e!J , 1999, upon consideration of the parties' Consent r ment, the following order is entered with regard to custody the parties' child, Anthony S. Yannone (DOB 11/18/98). 1. Plaintiff, hereinafter referred to as the mother, and Defendant, hereinafter referred to as father, shall share legal custody of the child, with the mother having the final decision if there is a disagreement. 2. The mother shall have primary physical custody of the child. 3. The father shall have partial custody of the child every other Saturday from 9:00 a.m. until 5:00 p.m. 4. The father shall provide a current address and phone number to the mother. 5. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further order of court. 6. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 7. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. 8. This is a temporary custody order, which shall remain in effect until an order is entered pursuant to the custody conciliation conference. By the Court, Judge If entered pursuant to the consent of Plaintiff and G?Gf% 7 J l Q f L2 Valerie L. Y ne Gary S. Yannone Plaintiff Defendant Philip C B 'ganti, Joan Carey and Andrea Levy Attorneys for Plaintiff 8 Irvine Row Carlisle, PA 17013 a16qLe><j Hubert X. Gilroy Attorney for Defe dant 4 North Hanover Street Carlisle, PA 17013 yc*Xec1 iMc?1 lS's C1 yo 'RSl' SHERIFF'S RETURN - REGULAR CASE NO: 1999-03845 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YANNONE VALERIE L VS. YANNONE GARY S JODY SMITH Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon YANNONE GARY S the defendant, at 10:37 HOURS, on the 25th day of June 1999 at CUMBERLAND CO. SHERIFF'S DEPT 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to GARY S. YANNONE a true and attested copy of the PROTECTION FROM ABUSE together with AND CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Additional Comments: FIREARMS LICENSE CONFISCATED Sheriff's Coats: So answers: Docketing 18.00 ? F Service .00 Affidavit .00 Surcharge 8.00 Rlnomas tne, 5 eri $2b.UU 06/25/1999 by _ ?? Cnli? ? i I 1 c c? y 5 eri Sworn and subscribed to before me this 1P a: day of L. u...._ 19 1 A.D.^ )I'LaIL /L ro t nono utry I I VALERIE L. YANNONE, FOR HERSELF AND ON BEHALF OF THE MINOR CHILD, ANTHONY S. YANNONE, PLAINTIFF GARY S. YANNONE, VS. DEFENDANT IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM :NO. 99 - 3 F415 :PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims 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 hearing on this matter is scheduled for the 5? ?- day of , 1999, at .OV in Courtroom No. of the Cumberland Counw? Courthouse, 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 in jail under 23 Pa.C.S. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. S2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. 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 U.S.C. 52261-2262. 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 HELD. 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. VALERIE L. YANNONE, FOR HERSELF, AND ON BEHALF OF THE MINOR CHILD, ANTHONY S YANNONE, PLAINTIFF VS. GARY S. YANNONE, DEFENDANT :THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 3O? ) CIVIL TERM :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABQaE ORD R Defendant's Name: Gary S. Yannone Defendant's Date of Birth: 10/21/51 Defendants Social Security Number: 194-44-7812 Name of Protected Persons: Valerie L. Yannone and the minor child, Anthony S. Yann AND NOW, this day of June, 1999, upon consideration of the attached Pe ition for Protection from Abuse, the court hereby eaters the following Temporary Orders ® 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ® 2. Defendant is evicted and excluded from Plaintiffls residence located at 17 Grant Court, Carlisle, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties; 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, except for the limited purpose of transferring custody of the parties' child. Defendant shall remain in his vehicle at all times during the transfer of custody. 03. Except for such contact with the minor child as may be permitted under Paragraph 5 of thin Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment located at Dame Media, 800 Corporate Circle, Harrisburg, Pennsylvania. Defendant is specifically ordered to stay away from the following locations for the duration of this order: Plaintiff's residence located at 17 Grant Court, Carlisle, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties; and any other residence Plaintiff may establish, except for the limited purpose of transferring custody of the parties' child. Defendant shall remain in his vehicle at all times during the transfer of custody. 04. Except for such contact with the minor child as may be permitted under Paragraph 5 of this order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ® 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child,: Anthony S. Yannone (DOB 11118198). Until the final hearing, all contact between Defendant and the child shall be limited to the following: None The local law enforcement agency in the jurisdiction where the child is located shall ensure that the child is placed in the care and control of Plaintiff in accordance with the terms of this Order. El 6. 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 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 Defendant by mail. 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. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Enjoin Defendant from harassing Plaintiff's relatives or the minor child. ® 8. A certified copy of this order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: The North Middleton and Susquehanna Township Police Departments. ? 9. THIS ORDER SUPERSEDES D ANY PRIOR PFA ORDER 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 indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 56114. Consent of 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. 56113. 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, IS 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. NOTICE TO LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police who have jurisdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this order, Defendant may 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 of law 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 arrest. Philip C. Briganti, Joan Carey and Andrea Levy Attorneys for Plaintiff BY THE COURT, ?... , , ,- ?. ,, . VALERIE L. YANNONE, FOR :IN THE COURT OF COMMON PLEAS HERSELF AND ON BEHALF OF THE MINOR CHILD, :OF CUMBERLAND COUNTY PENNSYLVANIA ANTHONY S. YANNONE, PLAINTIFF :NO. 99 - 384/5 CIVIL TERM VS. :PROTECTION FROM ABUSE GARY S. YANNONE, :AND CUSTODY DEFENDANT PETITION FOR PROTECTION FROM ABUSE Count I 1. Plaintiff's name is Valerie L. Yannone. 2. The names of ALL persons, including Plaintiff and minor children, who seeks protection from abuse are Valerie L. Yannone and Anthony S. Yannone. 3. Plaintiff's address is 17 Grant Court, Carlisle, Pennsylvania, 17013. 4. Defendant is believed to live at 13 Country Manor Lane, New Freedom, Pennsylvania. Defendant's Social Security Number is 194-44-7812. Defendant's date of birth is 10/21/51. Defendant's place of employment is Cumberland/Perry Drug and Alcohol Commission, 16 West High Street, Carlisle, Pennsylvania. 5. Defendant is Plaintiff's husband. 6. Plaintiff seeks temporary custody of the following child: Name Address Birth Dates Anthony S. Yannone 17 Grant Court 11/18/98 Carlisle, PA 7. Plaintiff and Defendant are the parents of the following minor child: Name Address Age Anthony S. Yannone 17 Grant Court 7 months Carlisle, PA The following information is provided in support of Plaintiff's request for an Order of child custody: (a) The child was not born out of wedlock. (b) The child is presently in the custody of Plaintiff, Valerie L. Yannone , who resides at 17 Grant Court, Carlisle, Cumberland County, Pennsylvania. (c) Since his birth the child has resided with the following persons and at the following addresses: Persons child Address When Child's name Lived with 17 Grant Ct. Birth to Anthony S. Yannone Plaintiff and Carlisle,PA Present Defendant (d) Plaintiff, the mother of the child is currently residing at 17 Grant Court, Carlisle , Cumberland County, Pennsylvania. (e) She is married. (f) Plaintiff currently resides with the following persons: Name Relationship Anthony S. Yannone Son Adriana Zeiders Daughter (g) Defendant, the father of the child, is currently residing at 13 Country Manor Lane, New Freedom , Pennsylvania. (h) He is married. (i) Defendant currently resides with the following persons. Name Mary Euker Joe Euker Joe Jr.Euker Megan Euker Lisa Euker Relationship Sister Brother-In-Law Nephew Niece Niece (j) Plaintiff has not previously participated 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 before a court 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 or claims to have custody or visitation rights with respect to the child. (m) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: (1) Plaintiff is a responsible parent who has provided for the emotional and 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 child. 8. The following other minor child presently lives with Plaintiff: Name A e Plaintiff's relationship to the child Adriana Zeiders 4-1/2 years Mother 9. The facts of the most recent incident of abuse are as follows: On or about June 19, 1999, Defendant became angry and screamed vile names at Plaintiff. Defendant rammed his knee into Plaintiff's back, grabbed her face, and punched her in the ribs while he restrained the mother and the child in the bathroom. Defendant forcefully shoved Plaintiff causing her to hit the wall and window sill as she held the minor child, Anthony. Defendant left the residence and Plaintiff called the police from the neighbor's house. Defendant turned himself into police and was charged with simple assault and reckless endangerment of a minor child. 10. Defendant has committed the following prior acts of abuse against Plaintiff or the minor child: a. In or about April 1999, Defendant became angry, pulled Plaintiff's hair, spit in her face, and shoved her while she was holding the minor child causing her to fear for the safety of herself and the child. On one other occasion in April, Defendant punched Plaintiff in her back while she held the child causing so much pain that she and the child fell to the floor. b. In or about 1997, Defendant grabbed Plaintiff and choked her until she gasped for air causing bruises on her neck. Defendant also threatened to kill Plaintiff causing her to fear for her life. C. On several occasions in the past three years, Defendant has choked, shoved, punched, restrained, slapped, kicked, pulled Plaintiff's hair, and spit at her. Defendant has caused Plaintiff pain, and bruises on her arms and legs. Defendant has threatened to kill Plaintiff causing her to fear for her life. 11. The following police departments in the area in which Plaintiff lives should be provided with a copy of the Protection Order: North Middleton Township Police and the Susquehanna Police Departments. 12. There is an immediate and present danger of further abuse from the Defendant. 13. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 17 Grant Court, Carlisle, Pennsylvania which is owned by Plaintiff and Defendant. 19. Defendant owes a duty of support to Plaintiff and the minor child. WHEREFORE, PLAINTIFF REQUESTS 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 minor child in any place where Plaintiff may be found. B. Evict and exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Award Plaintiff temporary custody of the minor child, Anthony Yannone, and place the following restrictions on contact between Defendant and child: Supervised visitation in the presence of Defendant's sister, Mary Euker. D. Prohibit Defendant from having any contact with Plaintiff or minor child, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiff's place of employment, except as the Court may find necessary with respect to partial custody or visitation with the minor child. E. 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 or visitation with the minor child. F. Order Defendant to pay temporary support for Plaintiff and the minor child, including medical support and payment of the mortgage on the residence. G. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. H. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case, if this matter goes to hearing. I. Order the following additional relief, not listed above: a. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. b. Enjoin Defendant from harassing Plaintiff's relatives or the minor child. J. Grant such other relief as the court deems appropriate. K. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff 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 15. The allegations of Count I above are incorporated herein as if fully set forth. 16. The best interest and permanent welfare of the minor child will be served by confirming custody in Plaintiff as set forth in paragraph #7 of the petition. WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. sec., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor child to her. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, i /14 ? /- P ili C. Brinti, Joan Carey, aed Andrea Levy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Dated: (717) 243-9400 VERIFICATION I verify that I am the Plaintiff 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. Dated: p3 9 XL) dy4a??, Valerie L. Yannon BROUJOS & GILROY, P. c. .f„ A , RNE YS AT LAW 4 NORTH HAIIOVER STREET CARLISLE, PENNSYLVANIA 17013 717-243-4574 766-1690 Gov - ;?. f VALERIE L. YANNONE, FOR HERSELF AND ON BEHALF OF HER MINOR CHILD, ANTHONYS.YANNONE V GARY S. YANNONE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3845 CIVILTERM PROTECTION FROM ABUSE AND CUSTODY COURT O"ER AND NOW THIS day of PQ 1 r • , 1999, upon consideration of the attached stipulation, it is directed that the Protection from Abuse Order entered in the above matter on July 2, 1999 is vacated. E. offer, Pre ident Judge cc: Hubert X. Gilroy, Esquire Joan Carey, Esquire jo..yR.'--- , ?,? 103 c;i r ')TF.RY VALERIE L. YANNONE, FOR : IN THE COURT OF COMMON PLEAS OF HERSELF AND ON BEHALF : CUMBERLAND COUNTY, PENNSYLVANIA OF HER MINOR CHILD, ANTHONY S. YANNONE :NO. 99 - 3845 CIVIL TERM V : PROTECTION FROM ABUSE AND CUSTODY GARY S. YANNONE, Defendant STIPULATION The parties in the above captioned action, through their counsel, hereby stipulate and agree that the attached Order may be entered. Date: / Q l C Date: o??( l an arey, Esquire Attorney fol Valera L. Yannone Hubert X. Gilroy, E wire Attorney for Gary . Yannone 1 lf: CJt ., ._ li .. Cl ! :J r,? U VALERIE L. YANNONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 99-3845 GARY S. YANNONE, Defendant : IN CUSTODY COURT ORDER AND NOW this 'Lrl h day of April, 2000, upon consideration of the attached petition for special relief, it is ordered and directed that the following temporary custody order is entered: 1. The Mother, Valerie L. Yannone, and the Father, Gary S. Yannone, shall enjoy shared legal custody of Anthony S. Yannone, born November 18, 1998. 2. The Mother shall enjoy primary physical custody of the minor child. 3. On a temporary basis, the Father shall enjoy temporary physical custody of the minor chi??d,n,?v?r?+ Saturday from 9:00 a.m. until 5:00 p.m. Father ?-A shall pick up fhe cTiil'd at Mother's residence or at a public location in Cumberland County designated by the Mother. 4. This is a temporary order entered pending the Custody Conciliation Conference scheduled in this case. BY THE COURT,-, -' l• cc: Bradley L. Griffie, Esquire John H. Broujos, Esquire eoP r ?t il.ca t t ? 91LW-AJ 4//2 `:=n li VALERIE L. YANNONE, Plaintiff v GARY S. YANNONE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3845 IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Gary S. Yannone, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: Petitioner has filed a Petition for the scheduling of a Custody Conciliation Conference in the above case. A copy of said Petition is attached hereto and marked Exhibit "A". 2 Petitioner and Respondent have been separated for over two months during which time Respondent has either refused Petitioner contact with their minor child or has procedurally attempted to interfere with the Petitioner seeking custody of the child. 3 Petitioner believes the child will be irreparably harmed if Petitioner does not continue to have an opportunity to experience meaningful time with the child. VALERIE L. YANNONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMEBRLAND COUNTY PENNSYLVANIA v : NO. 99-3845 CIVIL TERM GARY S. YANNONE, : IN DIVORCE Defendant :CUSTODY CUSTODY COMPLAINT Petitioner, Gary S. Yannone, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Petitioner is Gary S. Yannone, the Defendant in the above captioned action, and an adult individual residing at 17 Grant Court, Carlisle, Pennsylvania. 2 Respondent, Valerie L. Yannone, is the Plaintiff in the above captioned action and an adult individual residing at 1002 West Foxcroft Drive, Camp Hill, Pennsylvania. 3 Petitioner and Respondent were married on November 16, 1996. 4 Petitioner and Respondent are the natural parents of Anthony S. Yannone, born November 18, 1998. 5 There is a prior custody order entered involving the parties which was entered at a Protection From Abuse Docket No. 99-3845 in Cumberland County Pennsylvania. A copy of said custody order is attached hereto and marked Exhibit "A" and, pursuant to Paragraph 8 of said Custody Order, is a temporary custody order subject to a permanent order being entered after a Custody Conciliation Conference. 6 Subject to the entry of the prior order, the parties reconciled. However, the parties have again separated and there is a dispute with respect to custody. WHEREFORE, Petitioner requests your honorable court to enter an order granting Petitioner temporary custody of the minor child on every Saturday from 9:00 a.m. until 5:00 p.m. pending the Custody Conciliation Conference. Respectfully submitted, ?0 l john H. Broujos, ire Attorney for Petit oner Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 VALERIE L. YANNONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMEBRLAND COUNTY PENNSYLVANIA v :NO. 99-3845 CIVIL TERM GARY S. YANNONE, : ,?, ^rrrclxF{ Defendant :CUSTODY ORDER OF COURT AND NOW, this _ day of 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Esquire, the Conciliator, at on the day of 2000, at _.M., for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator 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. 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 conferences or hearing. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 717-249-3166 EXHIBIT l Petitioner desires that a formal custody order be entered that would provide as follows: A. The parties would enjoy shared physical custody of the minor child. B. The Mother would enjoy primary physical custody of the minor child C. Father would enjoy temporary physical custody of the minor child on alternating weekends from Friday when he would pick the child up from daycare until Monday morning when he would return child to daycare. If Monday was a holiday, the child would be returned to daycare on Tuesday morning. Additionally, on the off week, the Father would pick up the child Tuesday evening at daycare and would drop the child off Wednesday morning at daycare. The order would also provide for Father having alternating holidays and extended visitation over Christmas and Thanksgiving holidays with an extended vacation in the summer. WHEREFORE, Petitioner requests your honorable court to enter an order granting the custody rights as set forth above. Respectfully submitted, Jbhn H. Broujos, Esq! Attorney for Defendant Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Tf UF: FR z gEC0RD In T estlrwaf'wii-- % 11'; rc lhlio ait my hand and the seal of a;d Lc•urt? at I Oslo, Pa. ihi _ day 01_???_ ? c V,Y . vrathonmary ;;; I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unworn falsification to authorities. DATE: (P-df-m Gary S. Yann i BROUJOS & GILROY, P. c. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 717-243.4574 766-1690 I i i I t, VALERIE L. YANNONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMEBRLAND COUNTY PENNSYLVANIA NO. 99-3845 CIVIL TERM GARY S. YANNONE, : }{? ?}y6RC-EpcFl Defendant :CUSTODY ORDER OF COURT <y AND NOW, this C day of , 2000, upon consideration of the attached Cmmnlaint. it is herebv directed that the parties and their resoe9jive,,rounsej? a pear befofe 1 ? Esquire, the Conciliator, at ,4 q LJ? h ?Jt1 ?? _ on the -41 day of 2000, at 1'.pD M., for a Pre-heari g Custody Conference. At such conferenc , an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, Custody Conciliator - "JJU?lU"? 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. 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 conferences or hearing. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 717-249-3166 F".EO ??;:rnr ray lsrtc^eP? Gam/ 'kGy?" -!r- -OP VALERIE L. YANNONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMEBRLAND COUNTY PENNSYLVANIA v : NO. 99-3845 CIVIL TERM GARY S. YANNONE, : IN DIVORCE Defendant : CUSTODY CUSTODY COMPLAINT Petitioner, Gary S. Yannone, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: I Petitioner is Gary S. Yannone, the Defendant in the above captioned action, and an adult individual residing at 17 Grant Court, Carlisle, Pennsylvania. 2 Respondent, Valerie L. Yannone, is the Plaintiff in the above captioned action and an adult individual residing at 1002 West Foxcroft Drive, Camp Hill, Pennsylvania. 3 Petitioner and Respondent were married on November 16, 1996. 4 Petitioner and Respondent are the natural parents of Anthony S. Yannone, bom November 18, 1998. 5 There is a prior custody order entered involving the parties which was entered at a Protection From Abuse Docket No. 99-3845 in Cumberland County Pennsylvania. A copy of said custody order is attached hereto and marked Exhibit "A" and, pursuant to Paragraph 8 of said Custody Order, is a temporary custody order subject to a permanent order being entered after a Custody Conciliation Conference. 6 Subject to the entry of the prior order, the parties reconciled. However, the parties have again separated and there is a dispute with respect to custody. Petitioner desires that a formal custody order be entered that would provide as follows: A. The parties would enjoy shared physical custody of the minor child. B. The Mother would enjoy primary physical custody of the minor child C. Father would enjoy temporary physical custody of the minor child on alternating weekends from Friday when he would pick the child up from daycare until Monday morning when he would return child to daycare. If Monday was a holiday, the child would be returned to daycare on Tuesday morning. Additionally, on the off week, the Father would pick up the child Tuesday evening at daycare and would drop the child off Wednesday morning at daycare. The order would also provide for Father having alternating holidays and extended visitation over Christmas and Thanksgiving holidays with an extended vacation in the summer. WHEREFORE, Petitioner requests your honorable court to enter an order granting the custody rights as set forth above. Respectfully submitted, J hn H. Broujos, Esq. /ro Attorney for Defendant Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: &ZI-4 cf-tgp Gary S. non ?: - ?? 11/12/99 FRI 14:26 FAX 717 Zen A973 I.,..., .. oc-' - --- --- .. r6vlnVIVU1 AI(T YI -?° '? °• f?001 ssx TX REPORT fss TRANSMISSION OK 1'X/RX NO 1580 CONNECTION TEL 92490779 CONNECTION ID ST. TIME. 11/12 14:25 USAGE T 01'29 PGS. 3 RESULT OK MAY 2 2 2010 VALERIE L. YANNONE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 99-3845 GARY S. YANNONE, Defendant IN CUSTODY ORDER OF COURT MID NOWt this 16th day of May, 2000, the Conciliator, being advised by Plaintiff's counsel that the parties have reconciled and the Custody Conciliation Conference scheduled for June 211 2000 is no longer necessary, hereby relinquishes jurisdiction in this case. The June 21, 2000 Conference is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ? t i. ?_ ?i 1 ?f. 111: C?. CJa. i.i, :- f )'- i'] i __ i P,' - . Li ?: F. - Lt i ? ice. .?