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HomeMy WebLinkAbout94-00238 \ . -7 ~ -i o .SJ 3 ~ ( i 1 I ~I ~i ,. ()o cY) ~ Teresa J. Rowbottom. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. No. 238 Civil 1994 Plaintiff vs. Protection From Abuse and Custody Patrick H. Frve. Defendant PRAECIPE TO WITHDRAW ACTION The Dlaintiff in the above-caDtioned case reQuests that the TemDorarv Protective Order entered on January 21. 1994. be withdrawn. the Order vacated and that no further leRal action be Dursued bY counsel. To Lawrence E. Welker Prothonotary 19_ ~__ J No. 23a Civil Teresa J. Rowbottom VS. Patrick H. Frve PRAECIPE Filed Joan Carey LEGAL SERVICES. INC. ...-:0 :.:-, r 'T_ :-J:. ,~' " ~ , -~ I"~; , ' ;;r', ~:- i~:. ...C' ';;.,' ~~ ~, 1..:):.:)_' ,r -->.c<C: .; ~ : ','f ,., ;r~ ~~ I" ~. ",,_.., Tenn, 19 94 . Plaintiff Defendant 19 , Atty. '-- -- :c ,...., -.J = ~ W s; - &.D .c.. . . ~ - ~ - .' ','......... . . .. ....-... . .', ~ - SHERIFf'S HE'I'lJRN CQ\1MONWEAL'n1 Of' PENNSYLVANIA, COUNTY OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 23a Civil Term 1994 Temporary Protective Order Protection from Abuse Notice & Petition for Protective Order and Custody Teresa J. Rowbottom VS Patrick H. Frye T~rny Hipnensteel , Sl~~~ Deputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says, that he served the withinTemporary Protective Order Protection f'rom ABuse Notice & Petition for Protect~ve oroer & ~ustody upon PR~ri"k H. Fry" , the defendant, at 4:10 o'clock P .M. EST I lil~ on the January , 19liat day of 21 , R" !.i"hllrn RnRd. Carlisle , Cunberland County, Pennsylvania, by handing to Patrick f'rve a true and attested copy of the Temporary Abuse, Notice & Petition for and at the same time directing his Protective Order, Protection f'rQm Protective Order and Custody attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs, Docketing Service Affidavit Surcharge 14.00 3.36 2.00 19.36 So answers, -J" -, /,' //'4 -...~ i.r: "". , , ,~~". ..--:.,- . 1" ......;;.--'~,';;O-:.?:..:"..r~:_ ?f"~~"".:.e R. Thanas Kline, Sheriff Sworn and subscribed to before JTe by . ~~ L 4"d:'~'/ 7f=' puty,S riff this ;l. 7 iJ. , I day of ~,.,,~ A.D. 19 q,! , , '''+''/'' (1 ).. '. J 1'lA.-1.i.'....... , rJi.:'tf . Prothonotary Teresa J. Rowbotto., Plaintiff I N TilE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.cA 38 CIVIL 1994 Patrick H. Frye, Defendant PROTECTION FROM ABUSE AND CUSTODY AND NOW, this TEMPORARY PROTECTIVE ORDER :.nrt day of January, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Teresa J. Rowbottom, now residing at 1202 North George Street, York, York County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Patrick II, Frye, the following Temporary Order is entered. The defendant, Patrick II. Frye, now residing at 822 Lisburn Road, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Teresa J. Rowbottom, or placing her in fear of abuse. Temporary custody of Brandon Patrick Frye is hereby awarded to the plaintiff, Teresa J. Rowbottom, The defendant is ordered to refrain from having any contact with the plaintiff except to facilitate custody of the minor child. The defendant is ordered to refrain from entering the plaintiff's school, from stalking the plaintiff, or from harassing the plaintiff or her relatives, The defendant is ordered to refrain from destroying or damaging the plaintiff's property or any property jointly owned by the parties. This Order shall remain in effect unti I a final order is entered in this 1/J{!, on the '." I ) day of .January, case. A hearing shall he held on this matter 1994, at .;< : 30 ,} .m. in Courtroom No.~, Cumberiand County , Courthouse, Cariisle, Pennsylvania. The plaintiff may proceed j~ torma p~Derls 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 Carlisle Police Depal.tment will be provided with a copy of this Order by attorneys for plalnti ff, This Order shall be enforced by any law enforcement. agency when a violation occurs by arrest for indirect criminal contempt. The arrest may be without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the pollee officer. In the event that an arrest is made under this section, the defendant shall be tak~1I without unnecessary delay before the court that issued the Order. When that court is unavailable, the defendant shall be arraigned before the appropriate district justice. (23 Pa.C.S.A. Section 6113). By the Court, lL--11- ,~ I '(([VIA) II 1-k$5J. . I (-tV Teresa J. Rowbotto., PlaintiCf IN TilE COURT OF COMMON PI.EAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. J.38' CIVIL 1994 Patrick II. Frye, DeCendant PROTECTION FROM ABUSE AND CUSTODY NOTIC8 You have been sued in court. IC you wish to deCend against the claims set Corth in the Collow ing 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 deCenses or objections to t.he claims set Corth against you. You are warned that iC 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 Cor any money claimed in the Petition or for any other claim or rei ieC requested by the plaintiCf. You may iose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAliYER OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE TilE OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL IIELP. COURT ADMINISTRATOR, 4TII FLOOR CUMBERLAND COUNTY COURTIIOUSE CARLISLE, PENNSYLVANIA 17013 TELE~IONE NUMBER: (717) 240-6200 Teresa J. Rowbotto_, P lainti ff IN TilE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY, pENNSYLVANIA CI VJI. ACTION - Uti NO. .23't CIVIL 1994 PROTECTION FROM ABUSE AND CUSTODY v. Patrick H. Frye, Defendant PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDE~ THE PROTECTION FROM ABUSE ACT. 23 Pa! C.S.A. Section 6101 et. sea, f.. ABUSE 1. The plaintiff is an adult individual whose permanent address was a22 Lisburn Road, Carl isle, Cumherland County, Pennsylyanla, 17013. 2. The plaintiff is staying at 1202 N. George Street, York, Pennsylvania, for her own protection and to avoid further abuse as is more fully set forth herein. 3. The defendant is an adult individual residing at 822 Llsburn Road, Carlisle, Cumberland Couuty, Pennsylvania, 17013. 4. The defendant is the father of the plaintiff's child. 5. Since approximately April 1992, 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. Ou or about January 16, 1994, the defendant threatened the plaintiff that he was going to punch her, causing the plaintiff to feared for her safety. b. Ou or ahout January 12, 1994, the defendant threatened to "beat" the plainti ff saying that he would do "timp" for it, causing the plaintiff to fear for her safety. c. On or about January I, 1994, while the plaintiff was holding their eight-month-oid child, Brandon, the defendant forcefully siapped the plaintiff in the mouth causing her to drop the child and stumble backwards Into a nail on a door frame. The plaintiff had a long scratch on her back from the nail, a swollen and bruised lip, and a chipped tooth. d. In or about March 1993, when the plaintiff was approximately seven months pregnant, the defendant shoved the plaintiff hard enough to cause her to fall backwards. As she fell, she grabbed a towel rack, pulled It off the wall, and fell into a bathtub resul ting in bruises on her back and legs. e. In or about September 1992, when the plaintiff was approximately one month pregnant, the defendant forcefully shoved the plaintiff in the chest causing her to fall backwards over a couch. When the plaintiff got up and left the room, the defendant followed her. He grabbed her and choked her until she lost consciousness. When the plaintiff woke up, the defendant was on the telephone. 6. On or about January 17, 1994, the plaintiff left her residence at 822 Lisburn Road, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. 7. 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. 8. The plainti ff desires that the defendant be ol'dered to refrain from having any contact with her except to facilitllte custody of the minor child. 9. The plainti ff desires that the defendant be ordered to refrsin from entering her school, from stlllking the plllintiff, and from harsssing the plaintiff or her relatives. .. --.. .....;;.,;,.~';_._- 10. The plaintiff desires that the defendant be ordered to refrain from destroying 01' damaging the plaintiff's property 01' any property jointly owned by the parties. B. TEMPORARY CUSTODY 11. The plaintiff seeks temporary custody of the following child: ~ Brandon Patrick Frye Present Residence A&!l 1202 N. George St. York, PA 8 mos. old OOB 5/12/93 The child was born out of wedlock. The child Is presently In the custody of the plaintiff who resides at 1202 N. George St., York, Pennsylvania. During the child's lifetime, the child has resided with the following persons and at the following addresses: Name Plaintiff, Defendant, and Consulla McCaulin (roommate) Plaintiff and Defendant Plaintiff, Patricia and James Rowbottom (plaintiff's parents), Loretta, Lisa and Tiffany Rowbottom (plaintiff's sisters) Addresses Dates a22 LIsburn Rd. Carlisle, PA 5/12/93 to 11/93 822 Lisburn Rd. Carlisle, PA 11/93 to 1/19/94 1119/94 to present 1202 N. George St. York, PA The mother of the child Is the plaintiff, Teresa J. Rowbottom, currently residing at 1202 N. George Street, York, Pennsylvania. The plaintiff currently resides with the following persons: Name Brandon Patrick Frye Patricia Rowbottom James Rowhottom Relationshln Son Mother Father Loretta Rowbottom Lisa Rowbottom Tiffany Rowbottom Sister Sister Sister She is single. The father of the child is the defendant, Patrick II. Frye, currently residing alone at a22 Lisburn Road, Carlisle, Pennsylvania. lie is single. 12. The plaintiff has not previously participated in any iitigation concerning custody of the above mentioned child in this or any other Court. 13. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 14, The piaintiff does not know of 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. 15. The best interests and permanent welfal'e of the child will be DIet if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including the following: a. Thu plaintiff is a fit parent who can best take care of her child. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the chi ld. C. ATTORNEY FEES 16. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees pursullnt to the Proteclion From Abuse Act. O. STATUS TO PROCEEO IN FORMA PAUPERIS 17. The defendant is self-emll[oyed liS a disk jockey and owns a business entitled "Strips-a-Tease." lie has a gross yearly salary of approximately $30,000.00. 18, The plaintiff currently is attending college at Penn State in Ilarrisburg and has no income. 19. The plaintiff does not ha\'e funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7. 1976. 23 Pa.C.S.A. Section 6101 et sen.. 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. Requi ring 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 except to facilitate custody of the child. 3. Requiring the defendant to refrain from entering the plaintiff's school. from stalking the plaintiff, and from harassing the plaintiff or her relatives. 4. Grnnting temporary custody of the minor child to the plaintiff. 5. Ordering the defendant to refrain from destroying or damaging the plaintiff's property or any property jointly owned by the parties. B. Schedule a hellring in accordllnce with the provisions of the "Protection from Abuse Act." and, after such hellring, enter lln order to be in effect for n period of one yenr: 1. Requiring t.he defendant to refrllin from abusing the plaintiff or plllcing her in fellr of llhuse. 2. Requiring the defendant to refrain from having llny contact wit.h thl! plaintiff excepl. l.o fllcilitate custody of the minor chi ld. :I. R"quirin\( l.he def,'ndanl. l.o refrnin from enl.erin\( l.he plaint.lff's school, from stalking the plaintiff, nnd from harassln!! the plaintiff or her relatives. 4. Ordering the defendant Lo refrain from destroying or damaging the plaintiff's property or any property jointly owned by the parties. 5. Ordering the defendant to pay rel\sonable attorney fees. 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 Pet.it.lon and Order be delivered to the Carlisle Police Department as the Police Department with jurisdiction to enforce this Order. The plaintiff prays for Iluch other relief all may be just and proper. COUNT II CUSTODY UNDF.R PF.NNSYI,VANIA CUSTODY LAW 20. The al legations of Count I above are incorporated herein as if fully set forth. 21. The best interests and permanent welfare of the child will be served by awarding custody to the plaintiff as set forth In Paragraph 15 of the Peti tlon. WHEREFORE, pursuant to 23 P.S. ~~ 5301-5366, and other applicable rules and law, the plaintiff prays this Ilonorable Court t.o award custody of the minor child to her, The plainti ff prays for such other relief as may be just and proper. Reapectfully submitted, ~ ~"---\ Joan; Carey ~ r f' A((orney for ~la ntlff LEGAl. SERVICES, INC. B Irvine Row Carlisle, PA 17013 (717) 243-9400 " ,..t. The above-naaed plaintiff I Teresa J. Rowbottoll, verifies that the statements made in the above Pet! tlon are true and correct. The plaintiff understands that false state.ents herein are .ade subject to the penalties of la Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 1..- 1 /J'/4 Y-' ~1' I. ...J k'f,'l-a ,L(<{.vt,(.,t{,..../}L Teresa J. RowbottOIl, Plaintiff .,1' ...........;;;,i~"'.:..': 0 - ~ ~Z.;' ~~ en ro ~ , :.c: - . ...,. , m ~ <J (~ ~ ~ ~'.J "" ~ .