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HomeMy WebLinkAbout94-02926 , . .....-.,~; -, .f,"'lj - '-~-l' ~ .. :.; :'~i~;i)Y/ . BETTY L. MAGARO. Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - ,-)'1'}t, CIVIL TERM PROTECTION FROM ABUSE RAYMOND L. MAGARO, Defendant AND NOW, T~MPORARY PROTECTIVE ORDER this _~ day Of~ 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, BETTY L. MAGARO, now residing at 1646 Airport Drive, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, RAYMOND L. MAGARO, the fOllowing Temporary Order is entered. The defendant, RAYMOND L. MAGARO, now residing at 208 Locust Street, West Fairview, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, BETTY L. MAGARO, or placing her in fear of abuse and is ordered to stay away from the residence located at 1646 Airport Drive. Mechanicsburg, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties and from which the defendant moved in 1991, except for the purpose of facilitating periods of partial custody limited to waiting along the road at the end of the driveway in his vehicle at the times scheduled for him to pick up and drop off the children. 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 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, except for the purpose of facilitating periods of partial custody, including, but not limited to, restraining the defendant from entering or contacting 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 lD~ No . .JI::._ , day of June, 1994, at ~:I':,' ~.m. in Courtroom Cumberland County Courthouse, Carlisle, Pennsylvania. 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 Hampden 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 the court that issued the Order. When that court is unavailable, the defendant shall be taken before the appropriate di trict justice (23 Pa.C.S.A. Section 6113). By J . BETTY L. MAGARO. Plaintiff IN THE COURT OF COMMON PLEAS OF vs, CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - ~?J~ CIVIL TERM PROTECTION FROM ABUSE RAYMOND L. MAGARO, 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 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 screaming obscenities and coming toward her. The plaintiff, fearing for her safety, backed behind the door and locked it. The defendant kicked the door and the plaintiff called 911. Harassment charges were filed against the defendant by the Hampden Township Police Department. b. On or about April 14, 1994, when the defendant came to the plaintiff's residence to pick up the children, he became angry at the plaintiff, threw his truck into reverse and backed up the truck while the passenger door was open, causing the door to hit the plaintiff's arm. The plaintiff suffered pain about her arm, neck, and chest. c. On two separate occassions, the defendant had swung at the plaintiff with his fists, just missing her face, causing the plaintiff to fear for her safety. 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 or contacting her place of employment, having any contact with her, except for the purpose of facilitating periods of partial custody, from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. B. LOS_SE!L~lHL..ATTQJ3Nrr-.f~E_~ 7. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A which is attached and incorporated herein by reference. 8. The plaintiff asks for attorney fees to be paid to Legal Services, Inc., pursuant to the Protection from Abuse Act. 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 plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, except for the purpose of facilitating periods of partial custody, including, but not limited to, restraining the defendant from entering or contacting 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 1646 Airport Drive, Mechanicsburg, except for the purpose of facilitating periods of partial custody limited to waiting along the road at the end of the driveway in his vehicle at the times scheduled for him to pick up and drop off the children, 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: 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, except for the purpose of facilitating periods of partial custody, including, but not limited to, restraining the defendant from entering or contacting 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 1646 Airport Drive, Mechanicsburg, except for the purpose of facilitating periods of partial custody limited to waiting along the road at the end of the driveway in his vehicle at the times scheduled for him to pick up and drop off the children. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 5. Ordering the defendant to reimburse the plaintiff's out-of-pocket losses suffered as a result of the abuse including but not limited to the losses listed on the attached Exhibit " A " incorporated by reference. 6. 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, and that a copy 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. RespectfUlly submitted, ~yauL/ /Attorney for PlaiC LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named Plaintiff, BETTY L. MAGARO, 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 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, Date:}y( ~/ 31) I C'J q '-I ~~ ,-J~ Mo/mf~ Betty L. agaro, Plain 1ff BETTY L. MAGARO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM vs. PROTECTION FROM ABUSE RAYMOND L. MAGARO, Defendant [..OSSES ITEM PRICE Household Repairs: Repairs to the door the defendant kicked Estimates are being collected Court Fees: Filing fees Sheriff Service $ 45.50 50.00 Total $ - r :r o t; ?; \ :a . ..... ;'. ~ '>. Li? 0 '0 \.0 0 ..::::' 0 I" - -- Cl "^ :r '.f) -:::r- :,. .'(;l @ ~:-:; .., 1 1; ~ .... ~ .. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2926 CIVIL TERM BETTY L. MAGARO, plaintiff RAYMOND L. MAGARO, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this ..;(d day of June, 1994, upon consideration of the attached Motion for continuance, the hearing scheduled for June 6, 1994, at 2:10 p.m. in Courtroom No.2, is continued until June ?Ol:J., 1994, at '6, 1.J5" f\ .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 plaintiff. .... ~ ~ BETTY L. MAGARO, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2926 CIVIL TERM v. RAYMOND L. MAGARO, Defendant : PROTECTION FROM ABUSE 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 1st day of June, 1994, scheduling a hearing for the 6th day of June, 1994, at 2:15 p.m. 2. The defendant was served with the Temporary Protective Order and his attorney, Michael Bangs, contacted Legal Services, Inc. to discuss entering into a Consent Agreement, but is unable to execute it before the date of hearing. 3. The plaintiff is in agreement with a continuance and requests that a continuance be entered 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 the Hampden Township Police Department by attorneys for the plaintiff. WHEREFORE, the plaintiff moves this Court to grant the plaintiff's Motion, and to continue this matter until further .." .. -. Order of Court. ~I Gv~(_f// A'oan Carey II Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle PA 17013 (717) 243-9400 - en ,-,.. -, - ~~.- ., .' <:""t fY> i~ ~-. :%. c:> -, SHERIFF'S RETURN <XM1ONWEAL'll' OF PENNSYLVANIA: COUN'I'Y OF CLMBERLAND Betty L. Magaro In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2926 civil Temporary Protective Order Protection from Abuse VS Raymond L. Magaro Daniel Peiper , 5hGot1U<lOl' Deputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says. that he served the within Temporary Protective Order Protection from Abuse upon Raymond L. Magaro o'clock , the defendant, at 9:15 A .M. ~'X / EDST, on the East pennsboro Township at Enola . 1994 at 2nd Lanfill day of June Bldg. Hummer Street . Cumberland County. Pennsylvania. by handing to Raymond Magaro Temporary Protect~ve Order, protect~on a true and attested copy of the from Abuse and 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 8.96 So answers: . ,<, .';' ~,t"-.~ oI":'~.- ~..-~-'~~: ~ ~,""J'> ," .~~, . .~.. . ',,:,... ".........'."..~..::. f ....-::...: ..1t...... 1 " ~. R. Thomas Kline. Sheriff by . Cl..@ /~7 ,,-?~'-r~::.-. _' - ~ 2.00 24.96 Pd. by Pliff 6-3-94 Sworn and subscribed to before me Depu ty Sheriff this 1'1 t!- day of ()I<..<- 19~~ A.D. ~ () fl1~P~#~, ,JJ~, Prothonotary BETTY L. MAGARO, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RAYMOND L. MAGARO, DEFENDANT 94-2926 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of June, 1994, due to a conflict of the court, It Is hereby ordered that the hearing on the Probation from Abuse Petition filed by plaintiff and scheduled for Monday, June 20, 1994, at 8:45 a,m., is hereby continued and rescheduled for Monday, July 11, 1994, at 11 :00 a.m., in Courtro Joan Carey, Esquire For Plaintiff Michael Bangs, Esquire For Defendant :saa '~ plaintiff's domicile. 3. The defendant is ordered to refrain from having any contact with the plaintiff, except for the purpose of facilitating periods of partial custody, including, but not limited to, entering or contacting the plaintiff's place of employment, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. 4. The defendant, RAYMOND L. MAGARO, is ordered to stay away from any residence the plaintiff may establish for herself in the future. 5. The defendant is ordered to reimburse the plaintiff $35.00 toward the cost of filing and service of this lawsuit, within thirty (30) days of the entry of this order. 6. This Order shall remain in effect for a period of one year. 7. The Hampden Township Police Department will be provided with a copy of this Order by attorneys for plaintiff and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall not be taken to jail but shall be taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the defendant shall be arraigned before a district justice who shall II" 'I ~ d I j , "j'9'1 : J i-~..J 111 . l ~ ' " It il 1\ , 1\ il ;1 .~ - ... BETTY L. MAGARO, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 2926 CIVIL TERM PROTECTION FROM ABUSE RAYMOND L. MAGARO, Defendant {:~ON$E~'Ll\..GB~_E"'EN_T This Agreement is entered on this 7f~ day of July, 1994, by the plaintiff, BETTY L. MAGARO and the defendant, RAYMOND L. MAGARO. The plaintiff is represented by Joan Carey, of Legal Services, Inc.; the defendant is represented by Michael L. Bangs, of Andes, Vaughn and Bangs. The parties agree that the following may be entered as an Order of Court. 1. The defendant, RAYMOND L. MAGARO, agrees to refrain from abusing the plaintiff, BETTY L. MAGARO, or from placing her in fear of abuse. 2. The defendant agrees not to have any contact with the plaintiff, except for the purpose of facilitating periods of partial custody, including, but not limited to, entering or contacting the plaintiff's place of employment, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. 3. The defendant agrees to stay away from the residence located at 1646 Airport Drive, Mechanicsburg, Cumberland County, PennsYlvania, except for the purpose of facilitating periods of partial custody, when he will pick up the children along the road at the end of the driveway. 4. The defendant agrees to stay away from any residence the ..... Plaintiff may establish for herself in the future, except for the purpose of facilitating periods of partial custody. 5. The defendant agrees to reimburse the plaintiff $35,00 toward the cost of filing and service of this lawsuit, within thirty (30) days of the entry of this Order. 6. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 7. The defendant understands that the Protective 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. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. fd~I...W~T ~ --- -------,- ;:r n Carey ttorney for P intiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 // 0/ :a.4 -==-- __~k".../ t?( r d~...~ Raymdnd L. Magaro~ Defendant \'^ -. :Zvf 1~~ ~f- Ba-ngs &1 ) Attorney for ~ fendant ANDES, VAUGHN BANGS 525 North 12th Street Lemoyne, PA 17043 (717) 761- 5361