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HomeMy WebLinkAbout94-01513 i Q/ '70 - ~ } / ~ J r.fl - - . o < v. I IN THB COURT OJ' COMMON PLDS OJ' I I CUKBBRLAND COUNTY, PmDlSYLVANIA I I NO.!I4- /5/3 CIVIL TBRK I I PROTBCTION J'ROM ABUSE I MfI) CUSTODY HILTON R. PATTBRSON JR., Defendant AND NOW, this TEMPORARY .}.')fl\ PROTBCTIVB ORDER day of March, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Jodi L. Rideout, now residing at 26A South spring Garden Street, Carlisle, Cumberland county, Pennsylvania, is in immediate and present danger of abuse from the defendant, Hilton R. Patterson the following Temporary Order is entered. The defendant, Hilton R. Patterson, now residing at 128 Faith Circle, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Jodi L. Rideout, or placing her in fear of abuse and is ordered to stay away from the residence located at 26A South spring Garden . Street, Carlisle, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 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 the defendant shall not nullify the provisions of the court order directing the defendant to refrain from abusing the plaintiff. Temporary custody of JAHRAE PATTERSON is hereby awarded to the plaintiff, Jodi L. Rideout. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, restraining the defendant from stalking the plaintiff, or from harassing the plaintiff, the plaintiff's relatives or minor children. This Order shall remain in effect until a final order is entered in the "k-c,1i. this case. A hearing shall be held on this matter on day of ~\a.ulV , 1994, at / tJ ,'n) A' .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 Carlisle Police Department will be provided with a certified copy of this Order by attorneys for plaintiff. 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 police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the defendant shall be arraigned . ',.- 1. "_,.;,'",'. .;,..'..' --- J ....... ;-, . ! 1 j before the appropriate district justice. (23 Pa.C.S.A. section 6113) . By the Court, , . i . ~ J. JODI L. RIDIIOUT, l'laintiff IN THB COURT O~ COHMON l'LBAS O~ r v. I I I I I I I I CUMB!RLAND COmITY, l'IIIOfSYLVUIA 110.14- CIVIL TIIlUI 1914 HILTOII R. l'ATTBRSOII JR., Defendant PROTBCTIOII ~ROM ADUS! UID CUSTODY COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COmITY COURTHOUSE CARLISLB, PBllHSYLVANIA 17013 TBLEPHONE HUMBERI (717) 240-6200 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 TAItE THIS PAPBR TO YOUR LAWYBR AT ONCB. II' YOU DO NOT BAVB A LAWYER OR CANNOT AFFORD ONB, GO TO OR TBLBPHONB THB OFFICE SBT FORTH BBLOW TO FIND OUT WHBRE YOU CAN GBT LBGAL HBLP. V. I I I I I I I I IH TH8 COURT O~ COMKOH PLEAS O~ CUMBBRLAND COUNTY, peNNSYLVANIA JODI L. RID80UT, Plaintiff HO. !14- CIVIL TBRM HILTOH R. PATT8RSOH JR., Defendant: PROTBCTIOH ~ROH ABUSe UID CUSTODY P8TITIOH ~OR PROTeCTIVB ORDBR AIID CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT. 23 Pa. C.S.A. Section 6101 et. sea. A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 26A South spring Garden street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is an adult individual residing at 128 Faith circle, carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant is the father of the plaintiff's child. 4. Since approximately, November 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 March 19, 1994, the defendant punched the plaintiff in her face, forcing her to fall backwards into the bathtub and causing the plaintiff to have soreness and swelling to her face. Then the plaintiff who feared for her safety attempted to call the police, the defendant grabbed the phone and pulled the plug to the phone out of the wall. b. On or about January 10, 1994, the defendant pulled back his fist and punched the plaintiff in the forehead while she was holding their 8 month old daughter, causing the plaintiff to have swelling to her forehead. When the plaintiff who feared for her safety ran into the bedroom to call the police, the defendant followed her to the bedroom and ripped the phone out of the wall. The defendant punched the plaintiff in her face several times, threw her to the floor, and kicked her in the back several times. The police arrived and arrested the defendant. c. In or around November, 1993, the defendant went into the kitchen, got a kitchen knife, and threatened to kill the plaintiff. The defendant grabbed the plaintiff, put the knife to her throat, and pushed her to the bed. When the plaintiff begged the defendant to leave her alone, the defendant got up off of "the plaintiff and threw the knife into the bedroom closet. 5. The plaintiff believes and therefore avers that she is 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 ordered to refrain from having any contact with her including, but not limited to, stalking the plaintiff, and harassing the plaintiff, her relatives, or her minor children. _w"_'",, ._,~',_",,"~"__'~"" ~~-...'-:"''-~~' Ji,.....'_-\l!,I!'.!lM"'-"-"J>, .-- ...- . . .' ". B. TBMPORARY CUSTODY 7. The plaintiff seeks temporary custody of the following child: Present Residence 26A S. Spring Garden st. Carlisle, PA 17013 The child was born out of wedlock. AlD. 8 months DOB 7/8//93 HAmil Jahrae Patterson The child is presently in the custody of the plaintiff who resides at 26A South spring Garden street, Carlisle, PA 17013. During the child's lifetime, the child has resided with the following parsons and at the following addresses: ~ plaintiff Addresses Dates 26A S. Spring Garden st. 3/26/91 to Carlisle, PA 17013 Present The mother of the child is Jodi L. Rideout, currently residing at 26A South spring Garden street, Carlisle, Pennsylvania. The plaintiff currently resides with the following persons: ~ George Andre Hunter Jahrae Patterson Relationship son of plaintiff daughter She is single. The father of Jahrae Patterson is Hilton R. Patterson Jr., currently residing at 128 Faith Circle, Carlisle, Pennsylvania. The defendant currently resides with the following persons: ~ Relationship Maxine Patterson Hilton R. Patterson Sr. He is single. mother father a. The 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 child. c. The defendant has demonstrated behavior that has adversely affected the child. C. EXCLUSIVB POSSBSSION 12. The home which the plaintiff is asking the Court to order the defendant to stay away is rented in the name of Jodi L. Rideout and the defendant has never resided there. D. LOSSBS AND ATTORNBY PEBS 13. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc., pursuant to the Protection from Abuse Act. 8. The plaintiff has not previously participated in any litigation concerning custody of the child in this or any other Court. 9. The plaintiff has no knowledge of any custody proceedings concerning the child pending before a court in this or any other jurisdiction. 10. The plaintiff 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 children. 11. The best interests and permanent welfare of the child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including the following: II. STATUS TO PROCIIIID IN PORMA PAUPERIS 14. The defendant is unemployed. 15. The plaintiff currently receives public assistance in the amount of $402. per month. 16. The plaintiff does not have 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 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 II : 1. 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 stalking the plaintiff, and from harassing the plaintiff, her relatives or her minor children. 3. Granting temporary custody of the minor child, Jahrae Patterson, to the plaintiff. 4. Ordering the defendant to stay away from the residence located at 26A South spring Garden Street, Carlisle, Pennsylvania, which the parties have never shared. 5. 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: 1. 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, stalking the plaintiff, and from harassing the plaintiff, her relatives or her minor children. 3. ordering the defendant to stay away from the residence located at 26A South Spring Garden Street, Carlisle, Pennsylvania, which the parties have never shared, except for the purpose of facilitating custody. 4. ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, except for the purpose of facilitating custody. 5. Ordering the defendant to pay reasonable 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 certified copy of this Petition and Order be delivered to the Carlisle Police Department as the Police Department with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 1. The allegations of Count I above are incorporated herein as if fully set forth. 2. The best interests and permanent welfare of the child will be served by awarding custody to the plaintiff as set forth in Paragraph 7 of the Petition. WHEREFORE, pursuant to 23 P.S. 55 5301-5366, and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, oan Carey Attorney for Plai iff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 Date: ~ - 'lY - ~l-f . The above-named Plaintiff, JODI L. RIDEOUT, verifies that the statements made in the above Petition true and correct. The plaintiff understands that false statements herein are made sUbject to the penalties of 1a Pa. C.S. Section 4904 relating to unsworn falsification - ~.::: .J \ ~ ~ \ ~... "- ..et-. ':) u.4'~~~ () "'" l2:zlb,Z 0 ..... ~O,Uct ~ '''':0> , V), C"')> O""'Z-J W,~4~ ..' ,;r_I'l:.J: ~ Ln ;';';lJ,ljJ7:' C'ooIl ~...'~W ....~ DC ~- - ...=> :c. 0'" , . ^ ~ '~l JODI L. RIDEOUT, IN THE COURT OF COMMON PLEAS OF Plaintiff . . . CUMBERLAND COUNTY, PENNSYLVANIA . v. . . . NO.94-1513 CIVIL TERM 1994 . HILTON R. PATTERSON, . . Defendant . PROTECTION FROM ABUSE . ~R "OR COHTINUAHCB AND NOW, thia~ day O~l"" upon oonai'aration of the attached Motion for continuance, the matter scheduled for hearing on March 29, 1994, is hereby generally continued. This Order is entered without prejudice to either party to request a hearing. The Temporary Protective Order will remain in effect for a period of one year or until a final Order is entered in this case. A copy of this Order for continuance will be provided to the Carlilse Police department by the plaintiff's attorney. George E. Hoffer, Judge A.,.. lItR 29 12 0, iiH 19~ '. ..;;f "CE Of ": ':'.~olin.\~~. Clil1l'["_ _A:'J cn'J/;r~ f'rlili:;rl'lAlil~ ...--.-. ___ ...~.. __,'a_ _._~__~-.. .... . . JODI L. RIDEOUT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.94-1513 CIVIL TERM 1994 PROTECTION FROM ABUSE v. HILTON R. PATTERSON, Defendant MOTION POR COHTINUAHCB The plaintiff moves the Court for an Order to generally continue the hearing in the above-captioned case on the grounds that: 1. A Temporary Protective Order was issued by this Court on March 25, 1994, scheduling a hearing for March, 29, 1994, at 10:00 A.m. 2. The Cumberland County Sheriff's department has been unable to make service on the defendant. 3. The plaintiff requests a general continuance to afford the Sheriff's department time to execute service. 4. The plaintiff requests that the Temporary Protective Order remain in effect pending further order of court. 5. A copy of the Order for Continuance will be delivered to the Carlisle Police departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant the motion to generally continue this matter and that the Temporary ..... . . Protective Order remain in effect until further Order of Court. Respectfully submitted, rf~~/ ~7J_/ Joan Carey, Attorney for plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 SHERIFF'S RETURN C<M<<:lNWEAL'lH OF PENNS'iLVANIA. COUNTY OF C1JoIBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-1513 Civil Term Temporary Protective Order Protection From Abuse and Custody Notice and Petition for Protective Order Jodi L. Rideout VS Hilton R. Patterson Jr. Barry J. Horn , ~~~~~ Deputy Sheriff of CUnberland County, Pennsylvania, who being duly sworn according to law, says, Temporary Protective Order Protection From Abuse & that he served the within Custody, Notice & petition for Protective Order upon Hilton R. Patterson Jr. ,thedefendant, at 3:50 o'clock P . M. EST I >GDSill', on the 30 , 19-2...~t day of March The Cumberland County Courthouse, Sheriff's Dept., , CUnberlMd County, One Courthouse Square, Carlisle Pennsylvania, by handing to Hilton Patterson Jr. Temporary Protect1ve Order Protect10n Yrom a true and attested copy of the Abuse & Custody, Notice & Petition for Protectiv Order Md at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 14.00 2.80 So answers. ~ .r~~~ by 2.00 18.80 R. Thanas Sheriff Sworn and subscribed to before 100 this ~ day of ~ 1,9 1 b A.D. . \.. I (