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HomeMy WebLinkAbout94-03955 \I) 'IJ E: l.. ~ l.() ~I rf) 1t/ - 3 955"' (~~/~1If IN TilE COUIIT OF COHHON PLEAS OF .IUNAIATA COUNTY , PENNSYI,vANlA HBLISSA A. GBTTYS Plaintiff Civil Action No.;~1 of 1994.. Protection From ^~ule ROBBRT L. aBTTYS Defendant ORDER AND NOW, thiB 14th day of July within Petition for Protection From It II hereby ordered and decreed as 1994, upon Abuse, and followsl consideration of the after an Ex-Parte hearing 1. The Defendsnt, ~obert L. Gettys, Is directed to refrain from abullng, harraallng or threatening the Plaintiff, Melissa A. Gettys. The Defendant, Robert L. Gettys, Is directed to stay sway from the Pl~lntlff, Melissa A. Gettys, resldonc~ at (undisclosed) to Box 334 Tholh,ljlsontown,and her place of employment at Kill' Services, 100 Senate Plaza Camp Ill, PA.. The Plaintiff Is granted temporary, primary custody of the parties minor children, pending further order of this court. 2. 3. 4. A copy of this order shall be served on Plaintiff. Defendant, and the Juniata County Sheriff Department, and'the Pennsylvania State Police, who are directed to enforce this order. A hearing 1& scheduled for the 22n~ay of July' 199 at..:2l.!5 AM In the. Courtroor.\ of the. Junlata..C~unty Courtroom. 5. Plaintiff Is granted In Forma Pauperis In this case. OIRnFIED; " TRUE COP'( A I~ '1,' , (, I' L.. ,Iv l. _.l. I / JOAN E, CLARK I / DEPUTY PROTHONOTARY Mv Ca,mllluloo E.,m RI'II Mandatt In JIrl 1_ (', J~c't,~ . I_t'-)H~ , rJ;&'H\ 'ji;Zlv'<J c_ By the Court sl C. Joaeph Rehkamp, J. . . , l'llll Ill! "OIlN 1'llTITlON FOR I'ROTllC1'10N l'II0N ALII/ill! ORIIKR TO TilE liON ORA OLE JI/IIGE OF BAlD COI/RTI 1. I, He'1lssa A. Gettys , hereby petition this court for temporary and final protection from abuse orders pursuant to the Protection From Abuse Act, 23 P.Il. 6101-6117, [ X] Cor myself AND [ ] for the following minor child(ren) of whom 1 am thel ( ) parent ( ) adult household member ( ) guardian ad litem (name) (date of birth) (name) (date of birth) (name) (date of birth) 2. [ ] I llvQ at POllox 334 Thomllsontown , (city or townehlp) (stroet addreu) Juniata (county) , f'ellllsylvallla. . OR [xx~ 1 live at an undisclosed addre8ll Cor my IIrotectlon. 3. The person I am filing this petition against Is Robert L. Gettys , the Defendant, who resides atl 335 old Stonehouse Rd. (street address) Boiling Springs M I _pnroe Township, (city or township) Cumber! and (county) I I'ennsylvanla. The DeCendant Is my est ranged husband (State relationship oC lleCendant to plaintiff, such as husband, Intimate sexual partner, father of my child, son or daughter, etc.) 5. The Defendant works at Lee Sounder Trucking 4. Middle Sex Road (street address oC employer) Cumberland (county) Carl isle (city or township) Pennsylvania (state) 6. [ ] The home from which I am asking the court to exclude the defendant is owned (or rented) in the name(s) of I and located atl (street address) Juniata County I I'ennsy I vania , (city or township) OR [ ] I csnnot reveal the names of the ownars or renters of the residence, or the location Crom which I am asking the court to exclude the lleCendant because the names and address must be kept conCldentlal for my protection. - 2 - 7. "ho fnets of the mnllt "!lcunt Inchlent nf nhulle l.nwnrdn mil nnd/or tho minor ehlld(ron) nrll /IS follows (Vlenso Rive n hrlef doscrlptlon of tho Incldont Inclndlnll shOVIlS, kicks nr "lawn Inrt ictod, weapons usod, throats modo, Injuries sUlltnlned, medlcnl or hosllltnl trontmont neeePBsry, If nny.) lIatel July Illth Time. I.ocnt ionl I'm sure Rohert has heen stalking me and following me for somo time, but couldn't prove It. Sunday, 1 went to get off my exit in Junists County'he would hsve had no other way of knowing where I was going) he was waiting. 1 called the State Police who are charging him stalking and harrassment. Both Cumberland Co. and Mifflin-Juniata County State Police have advised me to get a Protection Order. 8. The Ilefendant has physically abused me and/or the minor chlld(ren) in the past. The following aro some examples of past abuser (Describe in brieC some of the recent and/or most serious incidents of past physical abuse. State an approximate date for each incident.) A. Robert and 1 have been married seven years. We've been seperated since September 1993. The day 1 was leaving,he had me against the wall with his hands around my throat. Since we have been seperated he he has twice attempted suicide. In Feb. 1994, he attempted to hang himself n.wearing my wedding dress. This was in Cumberlsnd Co. The police hsd him hospitalized. Ills brother keeps his guns. Every time we have a disagreement, he asks for his guns back. lIis brother Is afraid to give them to him. 1 am afraid becauso in his state of mind, 1 don't know whst C. he might do. - 3 - . ' 9. [ ] The defendant has used Dr threatened to use the following weapon(s) in hls abuse agolnst me and/or the minor chlld(ren)1 10. I and/or the minor chlld(ren) ore in immediate danger of further abuse and a court order is necessary to protect me and/or the minor chlld(ren). 11. 1 believe that service cannot be safely performed by anyone other than a law enforcement officer. 12. [ ] 1 have suffered out-of-pocket losses as a result of the Defendant's abuse. 13. [X] 1 ask for attorney's fees and costs pursuant to the Protection From Abuse Act. _i... WlllmEt'oRt:, 1'11I\ l'I.AIN1'1I'1' IlI\ljllEll1'1l 1'IIA" 1'11111 II11NllIlAIII,I\ COli 111' AWARIl TilE 1'1lI.1.llW I NlJ 1U\I.lt:l'. I. Grant a "C1hllUrary Ordor purRullut tu the I'rotl!ct.lon "rom Ahuso Actl . A. [ 1 livlct.lnn the Ue/elldalll I'rllm the reHldellce located at! (utroet IIddreun) (city or towlluhip) ,Iunloto County, I'ennsylvanla, and OilY uuhsequont residence In which 1 live durinG the pendency o[ this order and granting exclusive pORsesRlon of the premises to me. OR [ 1 Excluding the Ilefendant from a confidential addreBS at which I am now liVing and any suhsequent residence in which I live during the pendency of thls order and granting exclusive possession of the premises to me. D. [X 1 Ordering the Ilefendant to stop abusing, harassing and threatenlnn me and/or the minor chlld(ren) or placing me In rear of ,ahuse In IIny Illace where I may he [ound. c. [ xl Prohlhltlng the llefendant from having any contact with me and/or the minor child(ren), Including, but not limited to, ordorlna tho Ilefendant to stay away from my place or employment, business or school and/or those of my minor chlld(ren). D. ( xl Orantina temporary custody o[ the follOWing minor children tD mel Mitchell R. Gettys E. [ 1 IHrectlng that the petltlDn and order Iii this matter be served upon the llefendant wtthout disclDsure of my address/and or that of my mlnDr chlld(ren) and also directing that the police and all court personnel nDt reveal any residential address of mine and/or my minor chlld(ren) to the llo[endant, his counsel Dr any third party. F. ( 1 Ordering additional relief tD Include. - 5 - G. [ ] Unlerlnll the Ilelendllnt to turn over the wellllOnll I lilted in parallraph 9 to the police or sheriff. II. Illrecllnll the Ilherlff or other law enforcement 1I11ency to serve 4 copy 01 this pet IlIon IInd temporary order upon the Ilafendant without pre-pllyment of Clllltll. 2. Schedule II hearlnll IInd lit the hearlnll. enter an order, which Includes the IIbovc In addition to the followlngl [ ] Grant temporary snpport Cor myself and/or minor chlld(ren) in the maximum amount a llowed by law. [ ] Ordering tbe Ilnfendant to reimhurse my out-of-pocket losses suffered as a result of the abuse. [X] Ordering the Ilefendant to pay all costs of filing and service of this suit IInd my attorney fees. [ ] Ilirectinll the Ilefendant to, I verify that the statements made in this petition are true and correct to the best of my knowledge, information aud belief. I understand that false statements herein are mado subject to tho penalties of 18 I'a. C.B. 1.904, relating to unsworn falsification to authorities. DATEIJI ,Iu I v II,. 1991. 1'1.A INTlI'F\ I [X ] . I verify that I am the plaintiff In this petition for protection under the I'rotect Ion from Abuso Act. 1 do not have money available today to pay the costs of filing and service in this law suit. I understand that at. the hearing on this petition the court will determine If 1 have the funds available and may assign tho costs of this lItlllation to the defendant or myself or waive the costs. 1 understand that false statements herein are made subject to the penalties of 18 l'a.C.6. 4904, relating to unsworn falsification to authorities. IJATEIJI .Iuly 14, 1994 \ I'I.A 1 N1'1I"I'. - c, - Jill I" it dl rH '911 :,., .,1' " .' IhY " ,!'r Of' il, 'I,; ".00 td.1/I (!~ ~,N- 131t,/7 _ _ '""~_,-"",.,_"'_""''''''-~'''''~'~'.'r..~~''e:c"", m_ . "- , . j . ~ , " . ;., ~ i . Ij....' ;\\~fi":- ~.r' -:; .'.' ,i". f, ..,,~) :g' ..,.. ~- . ...'. ~~~ i:, ...........,;,)~,.,:. . , . . " " . _.~-