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Home My WebLink About94-03917 c i I ~ \ z\ ~ \ '\ ; , ,/1 / I ! ! I . f I \i I ! f- \ I I ! I I i iJ , c- - 10-1 ' ('() ; i i ; I I i 1 :j ) . (J ~ I . i Oi C' " JUL 13 199.~}v I L " Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 94 - .3 ~ I 7 CIVIL TERM : : I cusrooy PATRICIA NEWroN, Plaintiff V HENRY NEWfON, TBMlUWtY lJUlI!R AW tOl, this /3" day of July I 1994, upon review of the Petition of Plaintiff in an ex parte proceeding, the Court enters the following temporary order: (1. ) ...t Temporary 1egalA physical custody of the parties' minor children, Heather A. Newton and Brandon P. Newton, is awarded to Plaintiff: and (2.) The Defendant shall refrain from threatening. abusing or harassing the !' ',aintiff and her minor children. (3.) Defendant is excluded from any residence in which tho Plaintiff and/or her minor children reside during the pendency of this Order. (4.) Defendant is hereby notified that if he violates thl Order he may be held in direct criminal contempt which is punishable by a fine not to ilxceed one thousand dollars and by a sentence of up to six months in jail and by other possible relief. (5. ) Consent of Plaintiff shall not invalidate this Order. Defendant shall seek modification of this Order before resuming contact with Plaintiff and/or her minor children. (6.) This Order ahal1 be enforced by any law enforcement agency in the County in which violation of this Order occurs within the , Commonwealth of Pennsylvania. ,. JUL 13 199.cYL- . PATRICIA NEI~N, Plaintiff l IN TIlE COURT OF COMl1::JN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V NO. 94 - CIVIL TERM HENRY NEI\'lQN, Defendant CUSTODY PETITION PURSUI\Ifl' ro l'llO'J."OCTION me>>! 1l1llSB ACT The Plaintiff, Patricia Newton, by her attorney, Dawn S. Sunday, files the within Petition For Protection From Abuse and respectfully avers as follows l 1. The Plaintiff is Patricia Newton, who residea at 1349 Grandview Court, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Henry Newton, who resides at 1349 Grandview Court, Carlia1e, Cumberland County, Pennsylvania. 3. Also residing with the Plaintiff and Defendant are the parties' minor children, lIeather A. Newton, age 3 and Brandon P. Newton, age l~. 4. The Defendant has abused the Plaintiff in the following respects: (a) Defendant has repeatedly threatened to strike the Plaintiff and on one occasion Defendant raised his arm to do so but Plaintiff blocked the blow. (b) Defendant threatened while holding a club to smash the parties' car windshield, the police were called and Defendant was subsequently charged with public drunkeness and resiating arreat. The Defendant's hearing on those charges is scheduled for September, 1994. (c) Defendant has repeatedly and continuously abused Plaintiff verbally. 5. Defendant has a criminal hiatory of violence inclUding multiple assault charges in North Carolina prior to the partiea' marriage in 1991, and a charge of assault on a minor in 1990, for which Defendant served a one week priaon term in the York County Prison. 6. Since Plaintiff left the marital home with the children on July 12, Defendant has repeatedly contacted Plaintiff's family members and threatened to take the parties' minor children to North Carolina. 7. Plaintiff ia afraid for her safety and the safety of her minor children. , " . 1tImBI1OOB, Plaintiff request your honorable Court to order that: (a) Temporary legal physical custody of the parties' minor children, Heather A. Newton and Brandon P. Newton, ia awarded to Plaintiff, (b) The Defendant shall refrain from threatening, abusing, or harassing the Plaintiff and her minor children, including verbal abuse by telephone or otherwise I (c) ~'hat Defendant shall be prohibited from having contact with the Plaintiff and her minor chlldren including, but not limited to, being restrained from entering the residence of the relative with whom thsy are staying: and (d) other equitable relief should be awarded as your honorable Court deems fit. Respectfully submitted, l~~1~ Dawn S. Sunday, Esq re ID 041954 39 West Main street Mechanicsburg, PA 17055 (717) 766-9622 counsel for Patricia Newton YmU'ICA'l'IOO I, Patricia Nswton, do hereby verify that I am the Plaintiff and that the facts set forth in the foregoing Petition For Protection From Abuse are true and correct to the best of my knowledge, information and belief. I understand that falae statements herein are made subject to the pena1tiea of 18 Pa, C.S.A. ~4904, relating to unsworn falsification to authori~iea. ), DATE U'L/(( 1- '>"/ /(1/, (('iLl / .:'/ i'6'))(' . ( f Patrioia Newton t~ ~ t . , -::r , en - , - ,,' ... ,- - '0 0 . - \r) . '-. en 0 ~ ~l . <:) I.ri '."') '::I- .~ :0 r'l ,- ... n .-.-) ~ \n (l ~~ ;~. ~) ~ . ~ . .. . SIIElll 1'1' I S 1lli'l\JllN ClM1CX'MEAIJI11 OF pENNSYINflNlAI COUI'II'Y OF CLMIlEIllJ\NI) In tho Court of CO~"on Pleas Of Cumberland County, Pennsylvania No. 94-39J7 Civil Term Temporary Order, Petition PurBuant to Protection From AbuB Patricia Newton VS Ilent'y Newton Robert Fink , ~IUlttRt.1fKtltI Deputy Sheriff of CUnberland County, Pennsylvania, who being duly SWOtll according to law, says, that he served the within Temporary Ol'der, Petition Pursuant to Protection From Abuse upon , the defendant, at 4120 0' clock Henrv Newton p .M. >GGO<~ EnS'l' , on the 13th July , 1994at day of 1349 Grandview Court, Carlisle , CUmberland County, Pennsylvania, by handing to Henry Newton, defendant a true and attested copy of the Temporary Order, pe t it ion Pursuant to Protection From Abuse and at the same time directing his attention to the contents thereof and the "Notice to Plead" endOJ:sed thereon. Sherif f' s Cos ts I Docketing Service Af f idav it Surcharge 14.00 2.BO So answers I -"'" "1:.' .../0(11 ~ -~~,~. 1. ,,101t;-~''A.lt~ fA'-; ""'~' R. Thanas Kline, Sheriff Pd. by Atty.~ ~:n 7-14-94 by~-' j , <;:' , c:::::z-- Deputy Sheriff 2.00 IS.BO Swam nnd Bubscribed to before 100 IhiB __/1'1 __ day of .,l1J" , J'l._..-.iJ_ A.D. .n.~ 1 "j (/ IIU/{" tf"r.;' -r1 j ~ ' Prothonotary . 7. Subsequent! y , at Plaintiff'a request, the Honorable Kevin A. Hesa rescinded the July 13, 1994 Temporary Order by Order dated July 15, 1994. liIBRBfOOB, as Plaintiff and Defendant attempt to resolve their marital differences, the parties hereby agree that the following order determining custody be entered as an Order of the Courtl 1. Plaintiff and Defendant ahal1 have ahared legal and BY THE COURT: -~ /1/1 J. physical custody of the Children. 2. Neither Plaintiff nor Defendant shall remove the Children from the Commonwealth of Pennsylvania without the express written consent of the other party. 3. This Stipulation is not intended to prohibit Oren and Gloria Noss, the Children's maternal grandparents from removing the Children from Cwrberland County for purposes of viaiting ? AI) . ,;/../ relatives anp) other recrea:i~~. '/'1/,((;(,/1 ;/ 2/LL,tfvt- patricia Newton Plaintiff DATE: DATE 1 7-li -lie; , OOOOR 1~ above Stipulation is approved and entered aa an Order of I\tt) tOI, this .z 0 ~ day of , 1994, the the Court. I JUl2\ B III ~~ '9Q .! .IC~ ')I :, \ ..1 HO"" ' ~~, G\J~\'U, ^~U Ct'\Hll PI hll',ll 'i~"ll I I ,@ i I I \ j 1 j 1 ., , 1 i ] 1 ,