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HomeMy WebLinkAbout94-05408 ~ g <:..D ';1 , , -7 . I I'i \ ~ J ()o ~ li) I a: / ./ ~I .....,A _ _, . .f ~ ; ,~.~.. 'M.........-- ,'IOIt 'i . ''''''I.'. ' , , "'":'INtUit ,. -" f' ....., ,"1)"'" ...1"....171" __, '" ., ", \ ... ,I "If 1 , .. . .'1f' ~' I"'; t.,. "..,,; I,;., ,;~ ,,' '{}!'-\\ If " ~f <J/j ,. . '... .i.t', ,t,,', , . "1, k, t II ,~ I - , ,- " ... KRIS LYNN KEI,LY, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 5LjQ~' CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY ERIC ANDREW GARONZIK, Defendant IEMPORARY PROTECTIVE ORDER AND NOW, this j I/i~ay of September, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, KRIS LYNN KELLY, now residing at 7 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, ERIC ANDREW GARONZIK, the following Temporary Order is entered. The defendant, ERIC ANDREW GARONZIK, now residing at Stardust Hotel, Room 9, 1502 Holly Pike, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, KRIS LYNN KELLY, or placing her in fear of abuse, and is ordered to stay away from the residence located at 7 Shirley Lane, Boiling Springs, a residence which owned by the plaintiff's parents. The defendant is hereby notified that if he goes to 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. Temporary custody of LOGAN KELLY GARONZIK, is hereby awarded to the plaintiff, KRIS LYNN KELLY. The defendant is ordered to refrain 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 ! /:/day of september, 1994, at :, I .m. in Courtroom No. I , 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. This Order and Petition shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order and Petition to defendant by mail. The Pennsylvania state 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 i.n the presence of the police officer. In the event that an arrest is made under this section, KRIS LYNN KELLY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94 - CIVIL TERM VB. : PROTECTION FROM ABUSE AND CUSTODY ERIC ANDREW GARONZIK, 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 RRIS LYNN RELLY, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - ~/U~ CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY vs. ERIC ANDREW GARONZIR, Defendant PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 7 shirley Lane, Boiling springs, Cumberland County, Pennsylvania, 17007. 2. The defendant is an adult individual residing at stardust Hotel, Rm. 9, 1502 Holly Pike, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant is the father of the plaintiff's child. 4. Since about 1989, 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 September 16, 1994, when the defendant came to a restaurant where the plaintiff was, the plaintiff left with her friends and went to another establishment to avoid confrontation with the defendant. The defendant followed her, accosted her, and grabbed her by the arm. Only when the plaintiff's friends intervened did the defendant let go so that the plaintiff could leave. At approximately ~:oo a.m., the defendant came to the plaintiff's home and rang the doorbell repeatedly, causing the plaintiff to fear. When the plaintiff's mother told the defendant he could not come in, the defendant broke the handle and lock from the screen door, and entered the house. The plaintiff's mother telephoned the police while a friend who was staying at the residence came to the door to attempt to get the defendant to leave. The defendant choked and punched the plaintiff's friend. The police arrived and arrested the defendant. b. On or about September 5, 1994, while the plaintiff was sitting in a chair, the defendant grabbed the plaintiff's throat and pushed the chair over, causing the plaintiff to fall to the floor. As the plaintiff carried her one-year old child to the bedroom, the defendant pushed the plaintiff in the side with enough force to cause the plaintiff to hit the wall and hit her head against the doorjamb. The baby also hit his head. The plaintiff suffered soreness and a lump to the side of her head. c. On or about September 1, 1994, the defendant grabbed the plaintiff by the arms and threw her against the refrigerator. The defendant then pulled the plaintiff by the arms into the dining room and pushed her in the chest with enough force to cause her to fall to the ground. The defendant slapped the plaintiff in the head with an open hand, and threatened the plaintiff by drawing his hand back while holdinq a kitchen utensil as if to throw it at the plaintiff. d. In or around the middle of June 1994, the defendant pushed the plaintiff in the chest, causing her to fall onto the bed. The defendant threw a car seat at the plaintiff, hitting her in the back of the head. The defendant then pushed the plaintiff to the floor, kicked the plaintiff in the eye and st.omach, and punched her about the head approximately 8-10 times. The plaintiff put her arms up to shield herself from the blows and suffered bruisinq and cuts on her arms. The defendant also choked the plaintiff and held her over a banister threatening to push her down the stairs. The plaintiff suffered bruisinq to her arms and eye, and soreness to her head and body. e. On approximately a weekly basls, the defendant has abused the plaintiff in ways, including but not limited to the following: choking, slapping, pushing, punching, kicking, pulling hair, and biting the plaintiff. 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 harassinq or stalkinq the plaintiff, and from harassing the plaintiff's relatives. B. TEMPORARY CUSTODY 7. The plaintiff seeks temporary custody of the followinq 9. The plaintiff has no knowledge of any custody proceedings concerning this 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 child. 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 the following reasons: 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 petitioner that he is not an appropriate role model for the child. C. SUPPORT. SECTIQH 12. The defendant has a duty to support the minor child. 13. The defendant is unemployed but leaves for the military at the end of the month. 14. The plaintiff currently has no income. 15. The plaintiff intends to petition for support within two w~eke of the issuance of a protective order. D. STATUS TO PROCEED IN FORMA PAUPERIS 16. The defendant is unemployed. 17. The plaintiff currently has no income. 18. The plaintiff does not have funds available to pay the f..s for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. 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:" 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. Granting temporary custody of the minor child to the plaintiff. 4. ordering the defendant to stay away from the residence located at 7 shirley Lane, Boiling springs. s. 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 harassing or stalking the plaintiff, and fronl harassing the plaintiff's relatives. 3. Ordering the defendant to stay away from the residence located at 7 shirley Lane, Boiling springs. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 5. Granting support to the plaintiff in the amount of $100.00 per month payable by mail. 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 Pennsylvania state 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 19. The allegations of Count I above are incorporated herein as if fully set forth. 20. The best interests and permanent welfare of the child will be served by confirming custody in the plaintiff as set forth in Paragraph 11 of the Petition. WHEREFORE, pursuant to 23 P.S. section 5301 ~ ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. _-AI II '_...-., , ',' " r I f ~. f , I' r'1 ,~ l } " .- ,. .. ~ KRIS LYNN KELLY, plaint I ff I IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA VB. I NO. 94-5408 CIVIL TERM ERIC ANDREW OARONZIK, defendant PROTECT ION FROM ABUSE AND CUSTODY M9.1JJlli....fQJLCQJ!T.1lI.!M.N~ The plaintiff moves the Court for an Order to generally continue the hearlnM in the above-captioned case on the grounds that: I. A Temporary Protective Order was issued by this Court on September 22, 1994, scheduling a hearing for September 29, 1994, at 3:30 p.m. 2. The defendant was served by the cumberland County Sheriff's Department on September 22, 1994. 3. The defendant was called for active duty and left for ft. Campbell, Kentucky on September 26, 1994. 4. The defendant indicated before he left that he would be willing to enter into a Consent Agreement, 5. The plaintiff requests a general continuance to afford the parties time to execute the Consent Agreement. 6. The plaintiff further asks that the Temporary Protective Order remain in effect pending further Order of Court. 7. A copy of the Order for Continuance will be delivered to the Pennsylvania State Police Department by attorneys for the plaintiff. SHERIFF'S RETURN CCM'10NWFAL'IH OF PF.NNSi'INANIA. COlJNI'Y OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-5408 Civil Term Temporary Protective Order, Notice and Protection From Abuse ~ith Petition Kris Lynn Kelly VS Eric Andrew Garonzik Robert L. Fink Sr. , ~~J(lK Deputy Sheriff of ~rland County, Pennsylvania, who being duly Sl<<lll1 according to law, says, that he served the within Temoorarv Protective Order, From Abuse with Petition upon Eric Andrew Garonzik , the defendant, at . Notice and Protection 1 12:45 o'clock ___~.M.~ / EDST, on the 22 day of September. 19l1.at _Stardust Motel. Room 9, Holly Pike, CarJ.isle Pennsylvania. by handing to ErIc Andrew Garonzik . Cunberland County, a true and attested copy of the Temp2!:!!EL Protec.t ive Order, Not ice and Protection From Abuse with PetitIon and at the same time directing his attention to the contents thereof and the "Notice to Ple<l(j" endorsed thereon. Sheriff's Costs. Docketing Service Affidavit Surcharge 14.00 2.80 16.80 So answers: ~ .p' ,/# '/' ...~.."," r4";:>?'O:'''~<: ~e:;,.--e R. Tht"XT'<lS KlIne. Sheriff SWorn and subscrIbed to before me ---,7 L'-~ft::;i// by/. j:'1;:--?_~ '?:' ;_ -CAd~ , -~h- Deputy Sheriff , . this ~L~._ day of .il. ..to.l;~ 19_.-1:1__ A.D, -~--J-'f'" _(,.,j,,-!.,t{,~...~~~ Prothonotary ......4 ;1,' . I,,, ,'. I ..,'....."IIOW' 'JlIllC. " ~"'r. . : . .' " ~~... II=- ~ '701', ',I <' '., .I""". ' " '. ~l"-n . . ' , :..,w.~m71... ' , till,.. .~m71UllIII' , '. I" 1 I t ",' "i ," " j~ ',. , .l~ jtJ ..,t', "'~ ;... ) " i .J .'t~ ~ t .,'- r'" ., r 'I' .' 5. The defendant, although entering into this Agreement, does not admit the allegations made in this Petition. 6. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 7. 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. 8. The defendant and the plaintiff agree to the entry of the fOllowing custody order regarding their child, LOGAN KELLY GARONZIK: a. The mother will have primary physical and legal custody of the child. b. The father will visitation with the child at times and places that are mutually agreed upon by the parties. c. The parties realize that their child'. well-being i. paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development