HomeMy WebLinkAbout99-04438;;Mr
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Lori Lynn Yost, on behalf of herself, :IN THE COURT OF COMMON PLEAS
and the minor child,
Dustin E. Andrzjewski,
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO. 99 - 4 y .j f CIVIL TERM
Carl E. Andrzjewski,
Defendant :PROTECTION FROM ABUSE
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.
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A hearing on this matter is scheduled for the U day of
1999, at C m., in Courtroom No.
of J ie Cumberland County Courthouse, Ca lisle, 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. §6114. Violation may also subject you to prosecution and
criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C.
§2265, 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. §2261-2262.
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.
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Lori Lynn Yost, on behalf of herself:THE COURT OF COMMON PLEAS
and the minor child,
Dustin E. Andrzjewski,
Plaintiff
V8.
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - 4q32 CIVIL TERM
Carl E. Andrzjewski,
Defendant :PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Carl E. Andrzjewski
Defendant's Date of Birth: 12/15/70
Defendant's Social Security Number: unknown to Plaintiff
Names of all Protected Persons: Lori Lynn Yost and Dustin Z.
Andrzjewski
AND NOW, this day of , 1999, upon
consideration of the attached Peti ion for Protection from Abuse, the
court hereby enters the following Temp Order:
® 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 Plaintiff's residence
located at , Cumberland County, Pennsylvania, (a residence which is
jointly owned/leased by the parties; owned/leased by the entireties;
owned/leased solely by Plaintiff /Defendant to which Plaintiff and the
minor child/ren moved to avoid abuse, which is not owned or leased by
the Defendant, 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/ren. Defendant shall remain in his
vehicle at all times during the transfer of custody.)
H 3. Except for such contact with the minor child which may be
permitted under a custody order, Defendant is prohibited from having
ANY CONTACT with Plaintiff and/or the minor child at any location,
including, but not limited to any contact at Plaintiff's place of
employment located at Dunham Army Clinic, Carlisle Barracks, Carlisle,
Cumberland County, Pennsylvania. Defendant is specifically ordered to
stay away from the following locations for the duration of this Order:
Plaintiff 'a residence located at 701 C Stanwix Lane, Carlisle Barracks,
Carlisle, Cumberland County, Pennsylvania, a residence which is leased
solely by Plaintiff, which is not owned or leased by Defendant, 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.
® 4. Except for such contact with the minor child as may be permitted
under a custody 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:
Until the final hearing, all contact between Defendant and the child
shall be limited to the following:
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.
? 6. Defendant shall immediately relinquish the following weapons to
the Sheriff fIs office or a designated local law enforcement agency for
the delivery to the Sheriffs 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 Sheriffs 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.
Defendant is enjoined from damaging or destroying any property
owned jointly by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives (or
the minor child.
® S. A certified copy of this order shall be provided to the police
department where Plaintiff resides and any other agency specified
hereafter: Carlisle Borough Military Police, Carlisle Borough Police,
and Pennsylvania State Police.
? 9. THIS ORDER SUPERSEDES E] 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 Defendants 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, 18 U.S.C. SS 2261-2262. Any protection
order granted by a court may be considered in any subsequent
proceedings including child custody proceedings, under title 23
(Domestic Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This order shall be enforced by the police who have jurisdiction
over Plaintiffs 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 Sheriffs 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.
Joan Carey
Attorney for Plaintiff
BY THE COURT,
Lori Lynn yost,on behalf of herself, :IN THE COURT OF COMMON PLEAS
and the minor child,
Dustin E. Andrzjewski,
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO. 99 - y y38 CIVIL TERM
Carl E. Andrzjewski,
Defendant :PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is Lori Lynn Yost.
2. This Petition is filed on behalf of Lori Lynn Yost and Dustin E.
Andrzjewski, who is Plaintiff's minor child.
3. The names of all the persons, who seek protection from abuse are
Lori Lynn Yost and Dustin E. Andrzjewski.
4. Plaintiff's address is 701 C Stanwix Circle, Carlisle Barracks,
Carlisle, Cumberland County, Pennsylvania.
5. Defendant is residing at an address unknown to the Plaintiff.
Defendant's Social Security Number is unknown to the Plaintiff.
Defendant's date of birth is 12/15/70
Defendant's place of employment is for Berks County.
6. Defendant is Plaintiff's former spouse.
7. Plaintiff and Defendant have been involved in the following
court actions for divorce, custody, support, or protection from abuse:
Case name Case no. Date filed Court
Andrzjewski v.
Andrzjewski Divorce July 3, 1997 Berks County
Andrzjewski v.
Andrzjewski Custody October 1998 Berks County
8. The facts of the most recent incident of abuse are
as follows:
In or around the week of June 20, 1999, Defendant verbally
abused Plaintiff, demanding that Plaintiff give him her mailing
address. Defendant raised a fist as though he were going to hit
Plaintiff, causing her to fear for her safety. Defendant has threatened
the Plaintiff through the minor child saying, "Mommy is going to die
soon," causing her to fear for her life.
9. Defendant has committed the following prior acts of abuse
against Plaintiff or the minor child:
a. On or about June 10, 1999, Defendant threatened Plaintiff
saying that he would not be surprised if something bad happened to her,
causing her to fear for safety. Defendant further threatened Plaintiff
telling her that someone is watching her and that she had better check
underneath the car every once in awhile, causing her to fear for her
life.
b. On or about February 9, 1999, psychologist, Dr. Michelle
Munson, who evaluated the minor child, said he appeared to have been
abused by the Defendant.
c. In or around November 1998, while on the telephone with
Defendant, Plaintiff heard him scream at the child to shut up; she then
heard a loud smack which caused the minor child to scream for Defendant
not to hurt him, causing Plaintiff to fear for the safety of her minor
child.
d. In or around October or November 1996, Defendant threw the
minor child down a flight of stairs. Plaintiff intervened to protect
the child, and when she attempted to call for help, Defendant pushed
her, grabbed at the phone several times, and finally ripped the phone
out of the wall. Defendant locked Plaintiff in the room preventing her
from getting help.
e. On numerous occasions since 1994, Defendant has abused
Plaintiff and the minor child in ways including, but not limited to the
following: twisted Plaintiff's arm behind her back; pulled her pinky
back to reach her wrist; pushed her; threatened that he would hit her
so hard she would go into a coma, causing her to fear for her life;
told Plaintiff that she was being watched and threatened that she had
better watch her back, causing her to fear for her life; restrained her
from leaving the home and/or car by locking the doors or taking the
keys; locked Plaintiff and the minor child in rooms; left the child
alone and on one occasion, shook the minor child so hard that Plaintiff
feared injury and took him to the doctor for evaluation.
10. The following police departments or law enforcement agency(ies)
in the area in which Plaintiff lives should be provided with a copy of
the Protection Order: Carlisle Borough Military Police, Carlisle
Borough Police, and Pennsylvania State Police.
11. There is an immediate and present danger of further abuse from
the Defendant.
12. Plaintiff is asking the Court to order Defendant to stay away
from the residence at 701 C Stanwick Circle, Carlisle Barracks,
Carlisle, Pennsylania, which is rented by Plaintiff.
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/or minor child in any place where Plaintiff may
be found.
B. Order Defendant to stay away from Plaintiff's residence and
prohibit Defendant from attempting to enter any temporary or permanent
residence of Plaintiff.
C. Prohibit Defendant from having any contact with Plaintiff and/or
minor child unless designated by a custody Order, 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.
D. Prohibit Defendant from having
relatives and Plaintiff's children
as designated by a custody order.
any contact with Plaintiff's
listed in this Petition, except as
E. Order Defendant to pay the costs of this action, including filing
fees, service fees, and surcharge of $25.00, in the event of hearing.
F. Order Defendant to pay $250.00 to reimburse one of Legal Services,
Inc.'s funding sources for the cost of litigation in this case, in the
event of hearing.
G. Order the following additional relief, not listed above:
a. Defendant is enjoined from damaging or destroying any property
owned jointly by the parties or owned solely by Plaintiff.
b. Defendant is to refrain from harassing Plaintiff's relatives or
the minor child.
H. Grant such other relief as the court deems appropriate.
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.
Plaintiff prays for such other relief as may be just and proper.
Respectfully submitted,
y
Dated: "v
Joan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(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: ?\v_ \AI --
Lori Lynn Yost, Plaintiff
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-04438 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
YOST LORI LYNN ET AL
VS.
ANDRZJEWSKI CARL E
R. Thomas Kline Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: ANDRZJEWSKI CARL E
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of BERKS
to serve the within PROTECTION FROM ABUSE County, Pennsylvania.
On July 30th 1999 this office was in receipt of
the attached return from BERKS
County, Pennsylvania.
Sheriff's Costs: So
answe
Docketing
O
t 18.00
u
of County
Surcharge 9,00
T
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DEP. BERKS CO 8 . 00
75.00 R-
g - _ Sneri L
$Tru-. UII
07/30/1999
Sworn and subscribed to before me
this OCC day of C? 61
19 9q_ A. D.
ro nono a
SHERIFF OF BERKS COUNTY
633 Court Street, Reading, PA 19601
Phone 610-478-6240 Fax 610-478-6222
Barry Jozwiak, Sheriff Eric J. Weaknecht, Chief Deputy
AFFIDAVIT OF SERVICE
DOCKET NO. 99-4438
COMMONWEALTH OF
PENNSYLVANIA:
COUNTY OF BERKS
Personally appeared before me. LINDA DRIF.SBACH, Deputy for Barry J. Jozwiak. Sheriff of Bcrks
County, Pennsylvania, who being duly sworn according to law, deposes and says that on July 26, 1999 at
11:38 A.M., he served the annexed PROTECTION FROM ABUSE ORDER upon CARL E.
ANDRZJEWSKI, within named defendant, by handing a copy thereof to HIM PERSONALLY, at 3453
ST. LAWRENCE AVENUE, READING, Bcrks County, Pa., and made known to defendant the contents
thereof.
n D UTY RIFF OF BERKS CO., PA
Sworn and subscribed before
lji?s 27ro day of July, 1999
BERKS CO., PA
BERNABEM M. (iaApl:CKl, Notary P
Reading. Beds Canty. PA
Mu Carait an Exdros t-8.2000
Service made as set forth above.
So Answers,
SHERIFF OF PERKS COUNTY. PA
Sheriffs Costs in Above Proceedings
S 24.10 ACTUAL COST OF CASE
$ 24.10 AMOUNT DUE
All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to
demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all
unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof.
__Sec. 2, Act of June 20, 1911. P.L/ 1072
In The Court of Common Pleas of Cumberland County, Pennsylvania
Lori Lynn Yost, et. al.
VS.
Carl E. Andrzjewski
No. 99-4438 Civil
Now, 7 / 2 2 / 9 9 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of 6erks
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
copy of the original
the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
me this - day of 19
19_, at o'clock _ M. served the
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
Country, PA
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Lori Lynn Yost, on behalf of herself,
and the minor child,
Dustin E. Andrejewski,
Plaintiff
V.
Carl E. Andrajewski,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4438 CIVIL TERM
PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, thi _ day of 1999, upon consideration of the attached
Motion for Continuance, the matter of July 2 , 1999 is hereby continued generally. This Order is
entered without prejudice to either party to request a hearing.
The Temporary Protection Order shall remain in effect for one year or until modified or
terminated by the court.
Certified copies of this Order for Continuance will be provided to the Carlisle Borough,
Carlisle Borough Military, and Pennsylvania State Police Departments by the plaintiffs attorney.
Joan Carey
Attorney for Plaintiff
Jay R. Braderman
Attorney for Defendant
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By the Court,
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Lori Lynn Yost, on behalf of herself,
and the minor child,
Dustin E. Andrzjewski,
Plaintiff
V.
Carl E. Andrzjewski,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 4438 CIVIL TERM
PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The plaintiff, by the through her attorney, Joan Carey of Legal Services, Inc., moves the
Court for an Order continuing generally the hearing in the above-captioned case on the grounds
that:
A Temporary Protection Order was issued by this Court on July 22, 1999,
scheduling a hearing for July 28, 1999, at 4:00 p.m.
2. The Cumberland County Sheriffs Department sent the Temporary Protection Order
and Petition to the Bucks County Sheriffs Department and deputized them to serve the
defendant.
3. The Bucks County Sheriffs Department served the defendant with a certified
copy of the Temporary Protection Order and Petition for Protection Order on July 27,1999.
4. The defendant has retained Jay R. Braderman of Cognetti and Braderman to
represent him in the matter.
5. The parties by and through their counsel agree that the hearing be generally
continued to afford them time to execute a Consent Agreement.
6. The plaintiff requests that the Temporary Protection Order remain in effect until
modified or terminated by the court after notice or hearing.
Certified copies of the Order for Continuance will be delivered to the Carlisle
Borough, Carlisle Borough Military, and Pennsylvania State Police Departments by the attorney
for the plaintiff.
WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this
matter generally, and that the Temporary Protection Order remain in effect until further Order of
Court.
Respectfully submitted,
"LL ?' Lt-c
' Joan Carey, Attome or Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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07/22/99 THU 14:47 FAX 717 240 9573 CUMB CO PROTHONOTARY 7 ?- V 4133 Qj001
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CONNECTION TEL 92490779
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