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AMY PETERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
for herself and on behalf
of her minor child:
ADRIENNE TOMSA
CUMBERLAND
N~~ - 1ff);;Jq
COUNTY, PENNSYLVANIA
1911. CIVIL TERM
v.
PROTECTION FROM ABUSE
AND CUSTODY
DONALD K. TOMSA,
Defendant
AND NOW,
TEMPORARY PROTECTIVE ORDER
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t his.., day of March, 1994, upon present at ion
and consideration of the within Petition, and upon finding that
the minor child, ADRIENNE TOMSA, now residing at 727 East
Chestnut Street, York, York County, Pennsylvania, is in immediate
and present danger of abuse from the defendant, DONALD K. TOMSA,
the folloWing Temporary Order is entered.
The defendant, DONALD K. TOMSA, now residing at 155 Salem
Church Road, Mechanicsburg, Cumberland County, Pennsylvania, is
hereby enjoined from physically abusing ADRIENNE TOMSA,
hereinafter the child, or placing her in fear of abuse and is
ordered to stay away from any residence where the child resides
currently or in the future during the period of time that this
Order is in effect. The defendant is hereby notified that if he
goes to the child'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
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on the part of the child and defendant shall not nullify the
provisions of the Court Order directing the defendant to refrain
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from abusing the child.
Temporary custody of the child is hereby ewarded to the
plaintiff, AMY PETERS.
The defendant is ordered to refrain from having any contact
with the child including, but not limited to, restraining the
The Cumberland County Sheriff's office shall attempt to make
defendant from entering the child's school, from harassing or
stalking her, and from harassing her 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 7.,v day of April, 1994, at I: / 5 pm. in Courtroom
No. ~ , Cumberland County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed in forma DauDeris pending a
further order after the hearing.
service at the plaintiff's request, but service may be
accomplished under any applicable rule of Civil Procedure.
The Hampden Township Police Department will be provided with
a copy of this Order by attorneys for plaintiff. This Order
shall be enforcod 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 the
court that issued the Order. When that court is unavailable, the
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defendant shall be taken before
strict justice
(23 Pa.e.S.A. Section 6113).
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AMY PETERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
for herself and on behalf
of her minor child:
ADRIENNE TOMSA
v.
NO.
1994 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
DONALD K. TOMSA,
Defendant
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 ycu.
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
AMY PETERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
for herself and on behalf
of her minor child:
ADRIENNE TOMSA
v.
NO.
1994 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
DONALD K. TOMSA,
Defendant
PETITION FOR PROTECTIVE ORDER
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE ACT
23 P.S. SECTION ~
A. ABUSE
1. The plaintiff, Amy Peters, is bringing this action for
herself and on behalf of her minor daughter, Adrienne Tomsa,
plaintiff, who both reside at 727 East Chestnut Street, York,
York County, Pennsylvania, 17043.
2. The defendant is an adult individual residing at 155
Salem Church Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
3. The defendant is the child's father.
4. Since approximately 1990, the defendant has attempted to
cause and has intentionally, knowingly, or recklessly caused
bodily injury to the child, and by physical menace has placed the
child 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 26, 1994, during a telephone
conversation, the defendant threatened that when the child got
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home, she was going to have the worst beating she has ever had,
causing the child to fear for her safety. The child went to the
Hampden Township police where Children & Youth Services were
called, and the police contacted her mother to come and get her.
b. On or about March 25, 1994, the defendant pulled the
child forcefully to him by her hair.
c. In or around January 1994, the defendant threw the child
onto the couch by her hair, punched her about her body repeatedly
with his fists, causing her to falloff of the couch, kicked her
in the leg with his boots, and again punched her with his fists.
The child suffered soreness and bruising.
d. In or around the winter of 1990, the defendant put a gun
to the child's head and threatened to shoot her.
5. On approximately March 26, 1994, the child left her
residence at 155 Salem Church Road, Mechanicsburg, Cumberland
County, Pennsylvania in order to avoid further abuse.
6. The plaintiff believes and therefore avers that her
child will be in immediate and present danger of abuse from the
defendant should she return to the home, and that she is in need
of protection from such abuse.
7. The plaintiff desires that the defendant be restrained
from entering the child's school, having any contact with her,
harassing or stalking the child, and from harassing her
relatives.
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B. TEMPORARY CUSTODY
8. The plaintiff seeks temporary custody of the following
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child:
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Present Residence
AM
727 E. Chestnut Street
York, PA
The child was born out of wedlock.
15 yrs.
ADRIENNE TOMSA
The child is presently in the custOdy of AMY PETERS who
resides at 727 E. Chestnut Street, York, Pennsylvania.
During the past five years, the child has resided with the
following persons and at the following addresses:
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defendant & Shelly
(father's girlfriend)
defendant & Shelly
defendant &
Ruth Ann Moore
(father's girlfriend)
Addresses
Perry County, PA
Dates
1989 - 1990
Mechanicsburg, PA
1990 - 6/90
6/90 - 6/91
Mechanicsburg, PA
defendant, Ruth Ann,
Tim (plaintiff's
step-brother)
155 Salem Church Rd.
Mechanicsburg, PA
6/91 - 3/26/94
Amy Peters, Tosha
Sweitzer & Brian
Peters, Jr. (plaintiff's
mother, sister &
brother)
3/26/94 - present
727 E. Chestnut st.
York, PA
The mother of the child is AMY PETERS, currently residing at
727 E. Chestnut Street, York, Pennsylvania.
She is divorced.
The father of the child is DONALD K. TOMSA, currently
residing at 155 Salem Church Road, Mechanicsburg, Pennsylvania.
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The plaintiff currently resides with the following persons:
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AMY PETERS
TOSHA SWEITZER
BRIAN PETERS, JR.
Relationshio
mother
sister
brother
9. The plaintiff has not previously participatsd in any
litigation concerning custody of the above mentioned child in
this or any other Court.
10. The plaintiff has no knowledge of any custody
proceedings concerning this child pending before a court in this
or any other jurisdiction.
11. 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 child.
12. The best interests and permanent welfare of the child
will be met if custody is temporarily granted to the guardian
pending a hearing in this matter for the fOllowing reasons:
a. The mother is a fit parent who can best take
care of her child.
b. The defendant has demonstrated by his abuse of the
plaintiff that he is an unfit parent.
C. LOSSES
13. 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
14. The defendant is employed at Dewey's Dry Dock & Deli
and the plaintiff is unaware of his salary.
15. The plaintiff is a minor and is currently enrolled in
school.
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 P.S. Section 6101 et ~.,
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
child or placing her in fear of abuse.
2. Requiring the defendant to refrain from having any
contact with the child, including, but not limited to,
restraining the defendant from entering the child's
school, from harassing or stalking the child, and from
harassing her relatives.
3. Granting temporary custody of the minor child to
the plaintiff.
4. Ordering the defendant to stay away from the
residence in which the child currently lives or from
any residence the child may move to in the future.
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
child or placing her in fear of abuse.
2. Requiring the defendant to refrain from having any
contact with the child, including, but not limited to,
restraining the defendant from entering the child's
school, from harassing or stalking her, and from harassing
her relatives.
4. Ordering the defendant to stay away from any
residence the child resides in.
5. Ordering the defendant to stay away from any
residence where the child may reside in the future.
6. Ordering the defendant to 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 Hampden Township 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
17. The allegations of Count I above are incorporated
herein as if fUlly set forth.
18. The best interests and permanent welfare of the child
will be served by confirming custody in the plaintiff as set
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forth in Paragraph 12 of the Petition.
WHEREFORE, pursuant to 23 P.S. Section 5301 ~ I1Q., and
other applicable rules and law, the plaintiff prays this
Honorable Court to award custody of the minor child to her
guardian mother.
The plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
torney for pflim'ff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
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The above-named plaintiff, AMY PETERS on behalf of her minor
child, ADRIENNE THOMSA, 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.
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Date:
3 -;L?-'7Y
Amy Peters,
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AMY PETERS,
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-1629 CIVIL TERM
Plaintiff
for herself and on behalf
of her minor child:
ADRIENNE TOMSA,
vs.
DONALD K. TOMSA.
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
AND NOW, this
ORDER FOR CONTINUANCE
7t1V
day of April, 1994, upon consideration
of the attached Motion for Continuance, the hearing scheduled for
April 7, 1994, at 1 :15 p.m. in Courtroom No.3, is continued
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until A~ ~,at q ;,'V n-.m. The Temporary Protective
Order will remain in effect pending further order of Court.
A copy of this Order for Continuance will be provided to the
Hampden Township Police Department by the attorneys for the
p 1 a i nt iff.
By the Court,
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AMY PETERS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-1629 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
Plaintiff
for herself and on behalf
of her minor child:
ADRIENNE TOMSA,
vs.
DONALD K. TOMSA,
Defendant
MOTION FOR CONTINUANCE
The plaintiff moves this Court for an Order continuing the
hearing of this case until further Order of Court, on the grounds
that:
1. A Temporary Protective Order was issued by this Court on
the 31st day of March, 1994, sCheduling a hearing for the 7th day
of April, 1994, at 1:15 p.m.
2. The defendant is employed in Harrisburg and as of this
date, the Dauphin County Sheriff's Department has not been able
to serve the defendant.
3. The plaintiff requests that a continuance be granted and
that the Temporary Protective Order remain in effect pending
further order of court.
4. A copy of the Order for Continuance will be delivered to
Hampden Township Police Department by attorneys for the
plaintiff.
WHEREFORE, the plaintiff moves this Court to grant the
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plaintiff's Motion, and to continue this matter until further
Order of Court.
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J9an Carey
'Attornsy for Pl int iff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle PA 17013
(717) 243-9400
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SHERIFF'S RETURN
VS
Donald K. Tomsa
In the Court of Common Pleas of
Cumberland County, Pennsylvnaia
No. 94-1629 Civil Term
Temproary Protective Order
Protection from Abuse and
Custody Notice and Petition
for Protective Order
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Amy Peters, for herself and on behalf
of her minor childl Adrienne Tomsa
R. THOMAS KLINE, Sheriff, who being duly sworn according to law,
says, that he made diligent search and inquiry for the within named
defendant, to wit.
Donald K. Tomsa
but was unable to locate
him
in his bailiwick. He therefore
deputized the sheriff of
Dauphin
County, Pennsylvania,
to serve the within Temporary Protective Order, Protection from
Aubse and Custody Notice and Petition for Protective Order
On
April 14. 1994
, this office was in receipt of
the attached return from
Dauphin
County, Pennsylvania.
Sheriff's Costs:
Docketing
Out of County
Surcharge
14.00
So answers.
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Sheriff
Sworn and subscribed to before me
this
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day of flt.oo/
19 1'( ,A. D.
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Prothonotary
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COMMONWEALTH OF PENNA:
COUNTY OF DAUPHIN:
SHERIFF'S RETURN
NO. 1629-94
PAGE 2
AND NOW: April 12,
19 94 ,at 12:01 PM.
SERVED THE
UPON
WITHIN
TEMPORARY PRarECTION FROM ABUSE
Donald K. Tomsa BY PERSONALLY
HANDING TO Donald K. Tomsa
A TRUE ATTESTED COpy OF THE ORIGINAL TEMPORARY PROl'ECTION FROM ABUSE
AND MAKING KNOWN TO Him
of employment, Deweys Dry Dock & Deli,
County, Penna.
THE CONTENTS THEREOF AT his place
33 North 2nd St., Harrisburg, Dauphin
SO ANSWER8..,.. . .' .
W~?(. ~
SHERIFF OF DAUPHIN COUNTY, PENNA
BY .T~ ;;::-. ~..",-
DEPUTY SHERIFF
Sworn and subscribed to
~~.TS;;:;Pril1' ~
I PROTHONOTARY
SHERIFF'S COST $
SolA
Donald K. Tomsa
1:'2 Th':.! Court eT C.::mmQ:1 pls:s or C:.n'.::::.:lt'i:nd C'::U:i';'Y, Pannsyl'le:ni=:
Amy, Peters, for herself and on behalf of her minor child: Adrienne Tomsa
'is.
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94-1629 Cjvil Term
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April 04, 1994
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AMY PETERS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-1629 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
plaintiff
for herself and on behalf
of her minor child:
ADRIENNE TOMSA,
vs.
DONALD K. TOMSA,
Defendant
AND NOW, thiS~
1994, upon consideration
of the attached Motion for continuance, the hearing scheduled for
May 2, 1994, at 9:00 a.m. in Courtroom No.3, is generally
continued to afford the parties time to execute a Consent
Agreement.
The Temporary protective Order will remain in effect
pending further order of Court.
A copy of this Order for continuance will be provided to the
Hampden Township police Department by the attorneys for the
plaintiff.
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AMY PETERS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
for herself and on behalf
of her minor child:
ADRIENNE TOMSA,
vs.
DONALD K. TOMSA,
Defendant
.
.
: NO. 94-1629 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
.
.
MOTION FOR CONTINUANCE
The plaintiff moves this Court for an Order continuing the
hearing of this case until further Order of Court, on the grounds
that:
1. A Temporary Protective Order was issued by this Court on
the 31st day of March, 1994, scheduling a hearing for the 7th day
of April, 1994, at 1:15 p.m.
2. An Order for Continuance was granted on April 7, 1994,
continuing the hearing until May 2, 1994, at 9:00 a.m. because
service had not been effected.
3. The defendant was served with the Temporary Protective
Order and his attorney, Austin Grogan, contacted Legal Services,
Inc. to negotiate a Consent Agreement, but the parties are unable
to execute it before the date of hearing.
4. The plaintiff requests that a general continuance be
entered and 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 Hampden Township Police Department by attorneys for the
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plaintiff.
WHEREFORE, the plaintiff moves this Court to grant the
plaintiff's Motion, and to continue this matter until further
Order of Court.
JO~ {. ~
Philip c. Briganti
Attorneys for Plaintiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle PA 17013
(717) 243-9400
~
AMY PETERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-1629 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
tor herself and on behalf
of her minor child:
ADRIENNE TOMSA
v.
DONALD K. TOMSA,
Defendant
AND NOW, this ~
upon consideration of
the Consent Agreement of the parties, the fOllowing Order is
entered:
1. The defendant, DONALD K. TOMSA, is enjoined from
physically abusing the minor child, ADRIENNE TOMSA, or from
placing her in fear of abuse.
2. The defendant, DONALD K. TOMSA, is enjoined from
entering the minor child's school, from harassing or stalking the
minor child, and from harassing the child's relatives.
3. The defendant, DONALD K. TOMSA, is ordered to stay away
from the residence located at 727 East Chestnut Street, York, and
from any residence the plaintiff may establish for herself and
the minor child in the future. The defendant shall seek
modification (change) of this Order before living with the
plaintiff in a domicile she may establish for herself in the
future, wherever it may be. 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 and/or by a sentence of
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up to six months in jail and any other appropriate punishment.
Resumption of co-residence on the part of the defendant shall not
nullifY the provisions of the Court Order directing the defendant
to refrain from abusing the plaintiff.
4. This Order shall remain in effect for a period of one
year.
5. The Hampden Township police Department will be provided
with a copy of this Order by attorneys for plaintiff 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 defendant shall taken without
unnecessary delay before the Court that issued the Order. When
that Court is unavailable, the defendant shall taken before the
appropriate district justice (23 PS Section 6113).
By the Court
er, J.
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AMY PETERS,
Plai nt iff
for herself and on behalf
of her minor child:
ADRIENNE TOMSA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-1629 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
v.
DONALD K. TOMSA,
Defendant
~ ~ CUS
AND NOW, this JDL- day of
upon consideration of
the parties' Consent Agreement, the following Custody Order is
entered with regard to custody of the parties' child, ADRIENNE
TOMSA.
1. The plaintiff will have primary physical and legal
custody of the child.
2. The defendant will have supervised visitation with the
child at times and places which are mutually agreed upon by the
part i es.
r, J.
AMY PETERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-1629 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
for herself and on behalf
of her minor child:
ADRIENNE TOMSA
v.
DONALD K. TOMSA,
Defendant
CONSENT AGREEMENT
This Agreement is entered on this ____ day of April, 1994,
by the Plaintiff, AMY PETERS, and the defendant, DONALD K. TOMSA.
The plaintiff is represented by Joan Carey, of Legal Services,
Inc.; the defendant is represented by Austin F. Grogan, Attorney-
at-Law. The parties agree that the following may be entered as
an Order of Court.
1. The defendant, DONALD K. TOMSA, a9rees to refrain from
abusin9 the minor child, ADRIENNE TOMSA, or from placing her in
fear of abuse.
2. The defendant agrees not enter the minor child's school.
3. The defendant a9rees not to harass or stalk the minor
child, or harass the child's relatives.
4. The defendant agrees to stay away from the residence
located at 727 East Chestnut Street, York, Pennsylvania.
5. The defendant agrees to stay away from any residence the
Plaintiff and her minor child may establish for themselves in the
future.
6. The defendant, althou9h entering into this Agreement,
does not admit the allegations made in this Petition.
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7. The defendant understands that the Protectivs Order
entered in this matter shall be in effect for a period of one
year.
8. 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.
9. The defendant and the plaintiff agree to the entry of
the following custody order regarding their child. ADRIENNE
TOMSA:
a. The mother will have primary physical and legal
custody of the child.
b. The father will have supervised visitation with the
child at times and places which are mutually agreed upon by
t he part i es.
WHEREFORE, the parties request that an Order of Court be
entered to reflect the above terms.
~~ -j --=:>
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Donald K. Tomsa, Defendant
J Carey
A orney for P1ai tiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Austin F. Gr. gan
Attorney fo
24 N. 32nd S
Camp Hill, PA 17011
(717) 737-1956
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