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HomeMy WebLinkAbout94-00172 ~ t \ ) /' /// / LYNN E. SHUSTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 17~ CIVIL 1994 . . NO. ROBERT J. FRETT, Defendant PROTECTION FROM ABUSE . . AND NOW, TEMPORARY PROTECTIVE ORDER this 1 3-i;;J.. day of January, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, LYNN SHUSTER, now residing at 19 Grinnel Drive, Camp Hill, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, ROBERT J. FRETT, the following Temporary Order is entered. The defendant, ROBERT J. FRETT, now residing at 2 oakleigh Avenue, Harrisburg, Dauphin county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, LYNN E. SHUSTER, or placing her in fear of abuse and is ordered to stay away from the residence located at 19 Grinnel Drive, Camp Hill, Cumberland County, Pennsylvania, a residence which is owned by the plaintiff. The defendant is hereby notified that if he goes to the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,OOO.OO and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, restraining the defendant from entering the plaintiff's place of employment, from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the ~ day of January, 1994, at ~'30 ~.m. in Courtroom No. ~ , Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma DauDeris pending a further order after the hearing. The Cumberland county Sheriff's office shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of civil Procedure. The Lower Allen and East Pennsboro Township Police Department will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before ~ Order. When that court is unavai ~~ th taken before the appropriate Section 6113). issued the shall be 3 Pa.C.S.A. J. LYNN E. SHUSTER, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - LAW vs. : NO. 17L CIVIL 1994 . . ROBERT J. FRETT, Defendant : PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 LYNN E. SHUSTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. I .., .2- CIVIL 1994 ROBERT J. FRETT, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTIVE ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 19 Grinnel Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The defendant is an adult individual residing at 2 Oakleigh Avenue, Harrisburg, Dauphin County, Pennsylvania, 17111. 3. The defendant is the plaintiff's former intimate partner. 4. Since approximately April 1993, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, and by physical menace has placed the plaintiff in fear of imminent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a. On or about December 25, 1993, the defendant punched the plaintiff in the head, knocking her down. On several occasions when the plaintiff attempted to stand, the defendant again punched her in the head, knocking her to the floor. The defendant left only when the plaintiff's daughter intervened. ....._..~....." ,.- b. On or about December 7, 1993, the defendant called the plaintiff obscene names and shoved her several times. c. On or about November 5, 1993, the defendant grabbed her by the arm, causing the plaintiff to think that the defendant would hit her. d. On or about July 8, 1993, the defendant screamed at the plaintiff, grabbed her by the arm, shoved her toward the door, and pushed her out the door. The plaintiff suffered bruising to her arm. 5. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be restrained from entering her place of employment, having any contact with her, from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. B. EXCLUSIVE POSSESSION 7. The home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of the plaintiff. C. ATTONEY FEES 8. The plaintiff asks for attorney fees to be paid to Legal Services, Inc., pursuant to the Protection from Abuse Act. D. STATUS TO PROCEED IN FORMA PAUPERIS 9. The defendant is self-employed as a psychologist and employed by Capital Area Intermediate unit and has a yearly salary of approximately $60,000.00. 10. The plaintiff currently is employed at Central Penn Business School, but does not have the funds available to pay filing and service costs. WHEREFORE, pursuant to the provisions of the "protection from Abuse Act" of October 7, 1976, 23 P.S. section 6101 n ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" '" 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain fro~ having any contact with the plaintiff, including, but not limited to, restraining the defendant from entering the plaintiff's place of employment from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. Ordering the defendant to stay away from the residence located at 19 Grinnel Drive, Camp Hill, which the parties have never shared. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: I. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. """'.. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not limited to, restraining the defendant from entering the plaintiff's place of employment, from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. Ordering the defendant to stay away from the residence located at 19 Grinne1 Drive, Camp Hill, which the parties have never shared. 4. Ordering the defendant to ~dY away from any residence the plaintiff may in the future establish for herself. 5. ordering the defendant to pay attorney fees to Legal Services, Inc., pursuant to the Protection From Abuse Act. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that a copy of this Petition and Order be delivered to the Lower Allen and East Pennsboro Township Police Departments as the Police Departments with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ~J~~ Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named plaintiff, LYNN E. SHUSTER, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: I /;IIClJ I I 1 ~ ~~ en S - ..t ~:.. ~ '-..,., ~~,.,:~ ..... ~~. ;'} ~.~ '.: ,., en L...- <.~..~ '". "" lt1 :':":.'-:' ~;;. j en - 1") "t..."t - ..... :z: .....,.... -- , -, ....-........_.~,.,.. LYNN E. SHUSTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 172 CIVIL 1994 ROBERT J. FRETT, Defendant : PROTECTION FROM ABUSE PROTECTIVE ORDBR ~ AND NOW, this~) day of January, 1994, upon consideration of the C?nsent A~reement of the ~arties, the fo11owin~ Order is entered: 1. The defendant, ROBERT J. FRETT, is enjoined from abusing the plaintiff, LYNN E. SHUSTER, and/or placing her in fear of abuse. 2. The defendant is ordered not to enter the plaintiff's place of residence or employment. 3. The defendant is ordered not to harass the plaintiff or the plaintiff's relatives. 4. The defendant makes no admissions, nor does this Cou~t make any findings as to the veracity of the allegations made in the under1yin~ Petition. 5. This Order shall remain in effect for a ~eriod of one year. 6. The East Pennsboro and Lower Allen Township Police Departments in Cumberland County, will be provided with a copy of this Order by the Plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police Officer. In the event that an arrest is made under this section, the defendants shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. 6 6113). 7. That Defendant shall not be Plaintiff's Counsel fees or Costs. Joan Carey Attorney for Plaintiff Charles E. Petrie Attorney for Defendant "',; " f J~l/ ZS 10 56 ~H '9~ ", '.':fJ:'..:. Of TI',- I ,~C\~7;",y CU',il;:,.'l.. ~ . ':,: ::,-'.Jf. ~y f" t ~",. ~: .'#~ '. .!. LYNN E. SHUSTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 172 CIVIL 1994 ROBERT J. FRETT, Defendant PROTECTION FROM ABUSE CONSBNT AGRBEMENT This Agreement is entered on this day of January, 1994, by the plaintiff, LYNN E. SHUSTER, and the defendant, ROBERT J. FRETT. The plaintiff is represented by Joan Carey of Leya1 Services, Inc. and the defendant is represented by Charles E. Petrie, 3529 Brisban Street, Harrisburg. The parties agree that the following may be entered as an Order of Court: 1. The defendant, ROBERT J. FRETT, agrees to refrain from abusing the plaintiff, LYNN E. SHUSTER, and/or placing her in fear of abuse. 2. The defendant agrees not to enter the plaintiff's place of residence or employment. 3. The defendant agrees not to harass the plaintiff or the plaintiff's relatives. 4. The defendant, a1thouyh entering into this Agreement, does not admit the allegations made in the Petition. 5. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. ,..... .._...._._..u__..,_.~_ 6. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. 7. That Defendant shall not be responsible for payment of Plaintiff's Counsel fees or Costs. WHEREFORE, the parties reyuest that an Order of Court be entered -;J r j/ PLAINTIFF b:y(k~ Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~/"~ CHARLES E. PETRIE Attorney for Defendant 3529 Brisban Street Harrisburg, PA 17111 (717) 561-1939 . SHERIFF'S Illi'I'lJRN CCMMONWENJIll OF PENNSYLVANIA, COUNI'Y OF CLMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania NO. 172 Civil Term 1994 Temporary Protective Order, Protection From Abuse Petition for Protective Order Lynn E. Shuster VS Robert J. Frett Ronny R. Anderson , ~K~or Deputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Tem Pet upon Robert J. Frett orary Protective Order, Protection From Abuse, tion for Protect~ve r er , the defendant, at 1:05 o'clock P.M. EST / DOSl'l$ on the 13 day of January , 1994 at The Cumberland County Courthouse, Sheriff's Dept., One Courthouse Square, Carlisle Pennsylvania. by handing to Robert J. Frett . . ClInberland County, a true and attested copy of the Temporary Protective Order, Protection Abuse, Pet~t~on tor Protect~ve uraer and at the same time directing his attention to the contents thereof From , and the "Notice to Plead" endorsed thereon. Sheriff's Costs, Docketing Service Affidavit Surcharge So answers, 14.00 ~r"/ ~.d r ~~~ 1;;et:,~ R. Thomas Kline, Sherif 2.00 16.00 bYe. Sworn and subscribed to before Ire ty Sheriff this , ;)1 ~ day of 1...1"""7 " 'i'( A.D. 19 ~u (), Ill....f.&." . ~ protKo~otary