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TINA MOYER, Individually,
and CtlAlU,ES C. I,IT'rLE,
JR., ^ Minor, by hia Mother
and Natural Guardian,
TINA MOYER,
Petitioners
VB.
CIIARU;S C. I,ITT1.E, sn"
Respondent
IN TilE COURT Ot' COMMON PLEAS
DAUPHlN COUN'l'Y, PENNSYlNANIA
No. 5037 S 1993
CIVIL ACTION - I~W
PROTECTION FIlOM ABUSE
NOTICE TO PETITIONERS OR WITNESS I IMMEDIATELY CONTAOT THI POLlOI
(911) IF THE RESPONDINT
VIOLATEB THIB PROTECTIVE
ORDER.
nM~MB.'L_l'.R.Q'I'~,TIYIL,QImfJ.B
AND NOW, this !l:~u_~_ day of __:\\kt})~J\)l__, 1994, upon
presentation and consideration of tlte within 'fetition, it is
hereby ordered as follows:
1. Respondent is prohibited from approaching,
abusing, threatening, or harassing Tina Moyer, either physically
or verbally, wherevec she may be.
2 ,
threatening,
Little, Jr.,
Respondent is prohibited from abusing,
or harassing the parties' minor child, Charles C,
either physl.cally or verbally, wherE!Ver he may be.
3. Respondent is excluded from 4907 Virginia Avenue,
Harrisburg, Pennsylvania, Tina Moyer's current residence, and any
residence Which Tina Moyer may occupy while this Order remains in
effect. If Respondent is present at the subject premises when
this Order is served or enforced, Respondent shall be escorted
immediately therefrom by the deputy sheriff or other law
enforcement officer performing service or enforcement.
Respondent is prohibited from entering or attempting to enter
such premises or any other residenco Tina Moyer may choose to
establish.
4. Respondent is directed to refrain from all
harassing communication with Tina Moyer's relatives.
5. Respondenl is prohibited from having any contact
with Petitioner, including entering or telephoning Tina Moyer'S
home, school or place of employment.
6. Respondent is prohibited from stalking Tina Moyer
as that term is defined in the crimes Code, 18 Pa. e.s. 52709.
7. The Prothonotary, Sheriff, and local law
enforcement agencies are directed to accept, file and serve
copies of this Petition and Ordor without prepayment of costa.
8. A certified copy of this Order shall be served on
the HarriSburg City Polico Department if said department Is
within the appropriate jurisdiction for Tina Moyer'e residence
and/or school or place of employment, or on Dauphin County
Control as to any jurisdiction within Dauphin County but outside
thu city of Harrisburg. 9hould the police come into contact with
Respondent, and should Respondent allege that he has not been
served with this Order, the police officer shall immediately
serve the Order upon him.
9. This Order shal) be onforcod by any law
enforcement agency in any county where a violation occurs. As
provided in 2J Pa. C.9. ~611J(a) of the Act, "(a]1'I arrest for
violation of an order issued pursuant to this act may be without
warrant upon probable cause whether or not the violation is
committed in the presenco of the police officer."
10. Respondent is hereby notified that if he violates
this Order, he may be held in indirect criminal contempt, which
is punishable by a fine of up to $1000.00 and/or by a jail
sentence of up to six (6) months.
,\~\ 11. 11 earin n this matter is aChedlHtd, forge
-~,.\..,_ day of , , _, 1994, at _\\,C , __.M.,
i~urt Room No; , Dauph n County Courthouse, Front & M rket
streets, Harrisburg, Penns lvania.
BY THE COURTI
!1.liITBI!lY'l'lQtl
Petitioner
Sheriff for Respondent
Dauphin County Control
Cumberland County Court of Common
Lower Allen Police Department
File
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Natale
Pleas
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4. Tina MOYQr is employed at People's Qruq, 11Q4
Carlisle Road, Camp lIill, PA, with approximate net eal'ninqs of
$152.113.
Tina Moyer i8 a member of the National Guard, and
reoeivee $130.00 net inoome per month from the National Guard.
5. Charlee C. Little, Sr., is employed at Sure carpet
Clean, Inc., 423 Pawnee Drive, Mechanicsburg, PA. Tina Moyer has
no information as to Respondent's financial status. Respondent is
a member the National Guard i!lnd recieves an income from the
National Guard.
6. Tina Moyer and Charles C. Little, sr., are the
natural parents of the following minor child: Charles Clifford
Little, Jr., born January 4, 1989.
"/. District Justice Joseph Solomon granted Tina Moyer's
request for Emergency Relief from Abuse on December 26, 1993.
A copy of the Petition is attached hereto as Exhibits "A".
8. On December 27, 1993, this Honorable Court issued an
Order scheduling a hearing in this matter on January 7, 1994 at
1:30 p.m.
9. Respondent has engaged in abusive conduct toward
Tina Moyer and Charles C. Little, Jr., as euch conduct is defined
in the Act. Examples of said conduct include, but are not limited
to, the following:
a. On or about December 25, 1993, Tina Moyer
telephoned the home of the Respondent regarding the
delay in the return of parties' minor child,
Chuckie, to her. She was concerned as Chuckie is
most always returned in tl.me1,y manner. Virginia
Little, Respondent's wife, told Tina to pick-Up
Chuckie if she wanted him. 'Hna, fearing an
alteruiltion, called the lIar'risbun) pollce tell'
assistance in picking up the minor child. She was
informed that they could not do that unless
"sQmething happened." Tina next called her fri~nd,
Karon Shatto, and asked her to accompany her. Tina
then called vi rg In ia from Karon's house and tol d
her that she was on the way to pick-up the child.
Tina and Karen drove to the residence of the
Respondent and parked acrOSB the street. '1' ina
walked up the steps, knocked 01. the door, and from
the sidewalk waited for the child. Virginia came
to the door with the child, and told the child thilt
she would see him at 6:30 p.m. virginia told Tina,
"You will bring him back at 6:30 p,m." Tina said,
"No." (Soo Exhibit "Il" and "C"). Virginia then
lungod for the child. As 'l'ina triod t.o flee with
the chUd in her arms, Virginia got in front of
Tina and tried to pull the child out of her arms.
Respondent then jumped on Tina's back from behind,
slapped hor in t.ho head, causing her glasses to
fall onto tho ground. Both Virginia and Respondent
further pullod 'l'ina's arms away from the child.
Virginia then gave the child to someone, and
grabbed Tina by the neck and hair. Respondent.
further stood in front of Tina. Virgina told
Respondent that Tina deserves all she gets.
Virginia and Respondent told Tina that she would
never see her child again. Tina then left the
scene. Tina next sought emergency medical
treatment at tho Polyclinic Medical Center. Tina's
right hand was x-rayed as she had ceceived a cut on
her thumb. A urinalysis was taken to check for
kidney damage. Tina was kept under observation for
a few hours. The Harrisburg Police arrived at the
hospital. That afternoon, the parties' minor child
was retut'ned to Tina. The following day, Tli,a
filed a Petition for Emergency Relief from Abuse
against the Respondent. A copy is attached hereto,
incorporated herein, and marked as Exhibit "A"
b. At some point between the time that Ch<lrles C.
Little, Jr., was taken to the home of the
Respondent on December 24, 1993, and the time that
he was returned to the custody of Tina Moyer on the
evening of December 25, 1993, he suffered a lump on
his head, and Tina Moyer believes that he received
this injury during the violent conduct of
Respondent and Virginia Little in trying to take
"Chuckie" from her.
o. In 1989, this Honorable Court entered a Protection
Order against Respondont for a period of one year.
10. As a oonsequence of the above, Tina Moyer, is afraid
of Respondent and believes that she and the parties' minor ohild
are in immediate anti present danqer of further abuse llnd harassment;
from him.
Further, Tina Moyer, is in need of, entitled to, and
desires proteotion from such abuse.
WHIlRtlFORE, pursuant to the Protection from
Abuse Act, 23 Pa.C.S. S 6707(b), Tina Moyer prays your Honorable
Court to enter an order that:
A. Directs Respondent to refrain from approachinq,
abusinq, harassing, 0[' threateninq, Tina Moyer,
eUher physica 11y or verbally, wherever she may be I
B. Directs Respondent to refrain from abusing,
harassing, or threateninq the parties' minor child,
Charles c. Little, Jr., either physically or
verbally, wherever he may bel
C. Excludes Respondent from any residence which Tina
Moyer may occupy while this Order remains in
effeotl
D. Prohibits Respondent from contactinq Tina Moyer
inoluding entering or telephoninq her 1I0me, ochool
or plaoe of employment I
E. Prohibits Respondent from stalking Tina Moyer as
that term io defined in the Crimeo Code, 18 Pa.
C.S. 12709/
'.
PETITION FOR EMERGENCY
RelIEF FROM ABU.SE
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FINDINGS OF D~Hlcr JUSTICE
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NOTICE TO DEFENDANT
Ynur m.""OO1 " ,n",ort 'a 'he orders of 'he D'"rtc, JUllice .ppeartn9 OlIO 'ho "Action af Oill,icl JUllice" pOI "0101 af thl. form, The.e
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CERTIFICATiON WII.L ttAVE HIE EFFECT OF COMMENCING PROCEEDINGS AGAINST YOU UNDER tlfE
A80VE,MENTlONED ACT IN TltE COUnT OF COMMON PLEAS.
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Comp 1M. PA 17011
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1318 Ponrl$)tvanld ~, S E.
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(10~) 1l<44 ~QQQ
OotQpex' 6, 1992
Mr. Charles Little
1930 State Street
Harrisburg, Pennsylvania 17103
ReI Cust.ody
Dear Mr. Litt1el
t"OjQ)~
As you are aware, our firm haa beon engaged by Tina Moyer
regarding the above matter. According to Ms. Moyer, you are
having problems regarding the "alternate holiday" provision of
your, custody agreement. In this regard, the t.wo of you mutually
decided to alt.er the schedule during tho Easter, Memorial day,
July 4th and Labor day holidays. As a result, a disagreement
arose which resulted in your having visitation with Charles Jr.
during the Labor Day holiday.
To remedy the situation and to put you back on schedule,
Ms. Moyer will have Thanksgiving with the minor child, and the
"alternate holiday" proviSion of the custody agreement will
resume as originally scheduled. Ms. Mayor will have Charles Jr.
on December 24 t.hrough December 25 until noon, Memorial Day, and
Labor day, and you will have him December 25 t.hrough 26th until
noon, East.er, July 4th and Thanksgiving of 1993.
Ms. Moyer also advised me that you are making disparaging
comments about her to the minor child. TillS CONDUCT MUST CEASE
IMMEDIATELY. If further incidents occur, Ms. Moyer will have
not alternative but to petition the Court to discontinue or
severely limit your visitation.
Sincerely yours,
::BI~'~~
Gerald s. RObinson,-Esquire
GSRlnu
001 T. Moyer
EXIIIBIT "~"
'l'IN/\ H. HOYEIl,
1'1.11111 ill
IN 'I'IIE COUIl'I' OF COMMON Pl.EMl
lJAUPIIlIl COUNTY, PEIIlWYI.vANIA
v.
IlO, IJU~) Ii 1991
CIIARU:S C. I/I'l"l'U:, Hi{. I
Defendant
C I V I J. ACT I ON - I.AW
CUB'l'OIlY
91UlliR....QL COlllIT
AND NOW, to wit, thio J~,_ day of ~_,
1991, the Plaintiff, Tina H. Hoyer, having ap~eared with counsel,
Robert Buzzendore, Eoquire, and the Defendant, Charles C. Little,
Sr., having appeared without counsel, for a Custody Conciliation
Conference on October 10, 1991, before the custody Conciliator,
Sandra L. Heilton, Esquire, and having reached agreement with
regard to the best intereoto and welfare of their minor ohild,
Charles C. Little, Jr., it is hereby -GHDf:RED AND DECREED as
follows:
1. Primary physical custody of the aforesaid minot
Child, Charles C. Little, Jr., shall be with Plaintiff, Tina H.
Mo~'e!:'.
2. Defendant, Charles C. (,ittle, sr., shall have
physioal custody of Charles in accordance with the following
schedule.
a. Deginning October 18, 1991, and on alternating
weekends thereafter, from Friday at 6:30 p.m, through
,
Sunday at 6:00 p.m.
b. f'or not more than a two (2) week pel'iod during
the summer with sixty (60) dayo' notice to Hother of his
,
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intention to exorulue hi>> rl~ht to uuutody during this
porlod.
3. Chl"ifJtmas shall be fJharod on a rotating basis with
one parent having physioal custody of the ohild tram 12100 noon on
13hall have custody of the child from 12: 00 noon on Decel1lber 25
Decol1lber 24 through 12100 noon on December 25. The other parent
through 12100 noon on December 26.
Father shall have the
Decel1lbe[" 24 through Decel1lber 25 custody in 1991 and the sohedule
6ha11 rotate annually thereafter.
Easter, Memorial Day, July 4th, Labor Day and Thanksgiving Day,
4. The partieD shall alternate the fallowing holidays:
beginning with f'ather having physical custody of the child on Labor
Day in 1991 and Mother having custody on Thanksgiving Day in 1991
and the parties alternating the holidays on this schedule
thereafter.
implement this schedule.
6. The foregoing is deemed to be the minimum schedule
5. Father shall provide transportation necessary to
of visitation between the child Gild hiu Father, it beinCJ understood
and stipulated by the parties that, upon their mutual agreement,
expanded or altered visitation may be agreed between the parties
for and in the best interest of their child.
--- CXt /'5
I hereby certify that
Ie & true and correct
ori Ina1 {1l0d.
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