HomeMy WebLinkAbout94-05659
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(717) 2:1U52.S
ROBINSON AND GERALDO OCT 03 1994 CERTIFIED TRUE
AnORNEYS AN.'> CO!l';lSfll ORS ,",r LAW {c..- ANO.l-:OARECT COpy
P.O. Box :\3~tl. HARRISBURG, Pf,NNS't'l.V!\.NIA I1llo.SJ1U L .'
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LINDA K, JASTRON,
IN THE COURT or COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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Petitioner, :
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NO. q", - 5ll'.')Q Cu..:J T~I,-r\
JOHN C, JASTRON,
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
Respondent,
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TEM~RY PROTEC~ ........
AND NOW, this~ day of ~, 1994, upon
presentation and consideration of the within Petition, the following
Order is entered:
1, Respondent is directed to refrain from abusing, harassing,
or threatening Petitioner and her children, physically or verbally,
wherever they may be,
2, Petitioner is granted sole possession of the marital
residence situate at 212 South York Street, Mechanicsburg, Cumberland
County, Pennsylvania,
3. Respondent is excluded from entering or telephoning
,i Petitioner's current residence or any residence in which Petitioner
ii may reside during the pendency of this Order.
:1 4, Respondent is prohibited from having any contact with
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if Petitioner, including entering or telephoning any places Petitioner
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'I 5, Respondent is directed to refrain from all harassing
communication with Petitioner or her relatives,
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6. Respondent is directed to pay Attorney's fees incurred by
Petitioner in the amount of five-hundred ($500,00) dollars
plus any and all filing fees and additional costs incurred by
Petitioner,
7, A certified copy of th.ls Order shall be served on the police
department(s) in the jurisdiction where Petitioner resides, Pursuant
to Section 6109 (a) of the Act, a certified copy of this Order shall
immediately be filed by the police department in the County Registry
of Protection Orders, Should the police come into contact with
Respondent, and Respondent alleges that he has not been served with
this Order, the police officer shall immediately serve the Order upon
him.
8, This Order shall be enforced by any law enforcement agency
in any county where a violation of it occurs, As provided in Section
6133 (a) of the Act, "(a)n arrest for violation of an Order issued
pursuant to this chapter may be without warrant upon probable cause
whether or not the violation is committed in the presence of the
police officer,"
9, Respondent is hereby notified that if he violates this
Order, he may be held in indirect criminal contempt which is
punishable by a fine up to $1,000,00 and/or by a jail sentence of up
to six (6) months, The Court may modify this Order at a contempt
hearing,
10, This Order shall remain in full force and effect until
further Order of the Court,
LINDA K, JASTRON,
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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Petitioner, :
vs.
NO,
JOHN C, JASTRON,
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Respondent,
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT, If you wish to defend against the
claims set forth in the following pages, you must appear at the
hearing scheduled herein. You are warned that if you fail to do so,
the case may proceed without IOU and an Order may be entered against
you for the relief requested n the Petition, You may lose money or
property or other rights important to you,
If a copy of the TEMPORARY ORDER is attached, you must obey it
until the hearing, If you do not obey it, the police can arrest you.
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE A
RIGHT TO HAVE AN ATTORNEY REPRESENT YOU AT THE HEARING. IF YOU DO
NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP.
AVISO PARA DEFENSA
USTED HA SIOO DEMANDADO EN LA CORTE, Si usted quiere defenderse
de las reclamaciones descritas en las paginas siguientes usted de be
asistir a la vista que esta citada en esta, Usted esta siendo
advertido de que si falla en asistir a la vista el caso procedera sin
usted y una Orden puede ser expedida en contra suya para el remedio
solicitado en la Peticion, Usted puede perder dinero 0 propiedad u
otros derechos importantes para usted.
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Si la
obedecer1a
obedece la
copia de una Orden Provisional esta adlunta usted de be
hasta que la vista se lleve a cabo. S usted no la
policia 10 puede arrestar.
Lleve este aviso a su abogado inmediatamente, Usted tiene
derecho a tener represr.ntacion legal durante la vista, Si usted no
tiene los medios economicos para pagar un abogado, dirijase al
telefono mas cercano 0 vaya a la oficina cuya direccion aparece a
continuacion. En esta direccion podra obtener ayuda legal,
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse
One Courthouse Square
CarliSle, Pennsylvania 17013
(717) 240-6200
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LINDA K. JASTlON,
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner,
vs.
NO, 9'-1 - 5&51 Cw.JI Tf'(jY)
JOHN C, JASTRON,
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
Respondent,
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PETITION FOR PROTECTION FROM ABUSE
TO THE HONORABLE JUDGES OF SAID COURT:
The Petition of Linda K. Jastron, by her attorney, Gerald S,
Robinson, Esquire, of Robinson & Geraldo, pursuant to the Protection
from Abuse Act, 1990, Dec. 19, Pa. Laws 1240, No, 206, 23 Pa,C,S.A
Section 6101 et, sea. respectfully represents as follows:
1, Petitioner is LINDA K, JASTRON, an adult individual
'i presently residing at 212 South York Street, Mechanicsburg,
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, 2. Respondent is JOHN C. JASTRON, an adult individual presently
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residing at 212 South York Street, Mechanicsburg, Cumberland County,
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:, 3, Petitioner and Respondent have been married since July 18,
'I 1991.
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4, The residence or household of the parties is cented.
5. Respondent has threatened to cause bodily injury or serious
bodily injury with or without a deadly weapon, and has placed
Petitioner in fear of imminent serious bodily injury, Examples of
Respondent's conduct include, but are not limited to the following:
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a. For the duration of the marriage, Respondent has
verbally abused Petitioner, using extremely abusive and vulgar
language to threaten her physical well being;
b, On one occasion within the past two (~) weeks,
Respondent has verbally abused Petitioner's 80n, Leonard Hunsicker,
born 08/~4/75, using extremely abusive and vulgar language to
threaten his physical well being;
c, For the duration of the marriage, Reapondent has
verbally, mentally and emotionally abused Petitionor;
d, Within the past two (~) weeks, Respondent haB threatened
to destroy all the personal property in the marital reBidenco, and to
harm Petitioner and her son physically if Petitioner operated the
Parties' jointly-titled vehicles. Petitioner was so fearful of her
and her son's lives that she did not operate the vehicles, but rather
walked to and from her place of employment in extremely inclimate
weather;
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e. Respondent, at the onset of this marriage, was
physically abusive to Petitioner;
f, Respondent verbally manipuiates, underminds and,
overbears Petitioner and her son constantly;
g, Respondent has a h1story of lying, threatening to
destroy personal property, and being physically abusive;
h, ResponQent has recently chosen to carryall of his guns
with him in his vehicle;
i. Petitioner and her son and daughter, Summer Armstrong,
born 04/15/77, are 1n fear of serious bodily harm and are in need of
and entitled to protection from such abuse;
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6, There were no children born ot this marriage,
WHEREFORE, pursuant to the Protection trom Abuse Act, Petitioner
prays your Honorable Court to:
1. Immediately enter a Temporary Order, pursuant to Section
6107 (b) of the Act, 23 Pa,C.S,A. 6101 et, sea,;
a), Directing Respondent to refrain from abusing,
harassing, or threatening Petitioner and her children, physically or
verbally, wherever they may be;
b). Granting sole possession of the marital residence
situate at 212 South York Street, Mechanicsburg, Cumberland County,
Pennsylvania to Petitioner;
c), Excluding Respondent from entering or telephoning
Petitioner's current residence or any residence in which Petitioner
may reside during the pendency of this Order;
d). Prohibiting Respondent from having any contact with
Petitioner, including entering or telephoning any place Petitioner
frequents;
e), Directing Respondent to refrain from all harassing
communication with Petitioner or her relatives;
f), Directing Respondent to pay Attorney's fees
incurred by Petitioner in the amount of five-hundred ($500.00)
dollars plus any and all filing fees and additional costs incurred by
~ Petitioner,
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2. After a hearing to be held within ten (~O) days of the
filing hereof, and pursuant to Section 6107 (a) of the Act, 23 Pa,
C.S.A, Section 6101 et, sea" enter a Hnal Protective Order
continuing the relief set forth above for a period of one (1 ) year,
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Respectfully Submitted,
~~rakb~re
ROBINSON , OERALDO
Attorney I,D, No. 27423
4407 North Front Street
P.O, Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525
Attorney for Petitioner
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f717) 23~25 ROBINSON AND GERALDO
. 0 RIG I ~I ^ I AlTORNEYS ANt, COUNSELLORS Ar LAw
;' I ~.ll'lbX HID. H.~RRISDURa. PENNSYl.V.~NI.\ 17111"'320
CERTIFIED TRUE
AND CORRECT COpy
JJ021688. DOt
PRIORITY ONE ATTORNEYS' MESSENGER SERVICE
JoMph F, Johnaon, Own.r
. Subpoenaa 6 CIlltJona fot All Courta
. S.rvlng U.S.A. I Canada
19 S. Cam.ron Straat
P.O. Box 454
Harrlaburll. P A 17101-04 54
(717) 257-1365
PROOF OF SERVICE
ORDER NO.
ROBINSON & GERALDO
ATTORNEYS AT LAW
POST OFFICE BOX &320
4407 NORTH FRONT ST,
HARRISBURG, PA 17110
SERVED BY I
DOCUMENTS:
TEMPORARY PROTECTION
FROM ABUSE ORDER ON
THE RESPONDENT
DATE AECEIVED
DATE lU.ASSIGNED
WITNESS FEE:
CASE NO.
CUMBERLAND COUNTY;
94-58&9 CIVIL
J ASTRON
PLAINTIFF
-v.-
J ASTRON
DEFENDANT
TO BE SEAVED:
JOHN iASTRON
212 SOUTH YORK STREET
MECHANICSBURG, PENNA
ACCEPTED By:
JOHN JASTRON
212 SOUTH YORK STREET
MECHANICSBURG, PA
DATE SERVED:
TIKE: .
4 OCT 94
11: 35 A
PROCESS SERVER'S NAME
JOSEPH F. JOHNSON
( l.-Y1I& 1a
( ) F.uh
[L}-Whlt1 Skin
[ ) Black- Skin
[ ) Yellow Skin
[ ) Brown Skin
[ ) Il.ed Skin
[ ) ~ack Hair
[~Brown Hair
[ ) Blonde Hair
[ ) Gray Hair
[ ) Il.ed Hair
[ ) White Hair
[ ) h1ding
[ ) 14-20 Yn.
[ ) 21-35 Yn.
[c.t'16-50 Yn,
[ J 51-65 Yn,
I ) Over 65 Yn.
[ ) Under 5'0.
I ) 5'0. - 5'3.
I ) 5'4" - 5'a"
I ) 5'9. - 6'0.
!vyOvar 6 '0"
[ ) Under 100 lb..
I ) 100-130 lb..
( ) 131-160 lb..
( ) 161-200 lb..
IL~er 200 lb..
I Hi1itary Service
[ ) Hou.t.ch.
vnurd l"-oI..~}
( ) G1.....
Oth.r Id.ntifying
F.atur..:
t?
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NON.SERVICE INFO
[ ) Kov.d
( ) No Long.r Emp10y.d
( ) N.v.r 1n But Addr...
Ha. B.an V.rifi.d
( ) Not lCnown
( ) Evading Servlc.
( ) No Such Addre..
PROCESS SERVER'S UPORT
Sworn to and .ub.crib.~fore me
,_r~? day of ~hrt4'1
19~
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No ry Publ1
COlDllllulo _Exn NOMA!. S[.l.L
COlnN .
IlarriSburo, [)o)Jphin Ccunty
lily Comrn;>I,2n bilirl'i Mar 25, 1.
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ROBINSON AND GERALDO
AITORNEYS Nm COUNSELLORS AT LAW
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P.O. Box ~J2n, H....l'lftfSDUkG,. PFNNS)'lVANI.'\ 1711tl-H2lJ
nnT 1 3 199.\ elL
Cf~IFIED TRUE
~ND ~ORRECT COpy
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LINDA K. JASTRON,
IN THE COlJRT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner,
vs.
NO, 94-5659
JOHN C. JASTRON,
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
Respondent,
AND NOW this
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l.t- day
of October 1994, upon presentation and
ORDER
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consideration of the within Stipulation Agreement, the following
Order is entered:
1, Respondent is directed to refrain from abusing, harassing,
or threatening Petitioner and her children, physically or verbally,
wherever they may be.
2, Petitioner is granted sole possession of the marital
residenc~ situate at 212 South York Street, Mechanicsburg, Cumberland
County, Pennsylvania,
3, Respondent is excluded from entering or telephoning
Petitioner's current residence or any residence 1n which Petitioner
may reside during the pendency of this Order.
4, Respondent is prohibited from having any contact with
Petitioner, including entering or telephoning any places Petitioner
frequents.
5. Respondent is directed to refrain from all harassing
communication with Petitioner or her relatives,
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6. Respondent is directed to pay Attorney's fees incurred by
Petitioner in the amount of one-hundred and twenty-five ($125.00)
dollars,
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7. Relpondent il permitted to retrieve hil personal belongings
from the garage of the marital residence on a day that is mutually
agreed upon by the Parties in advance of his arrival.
8. A certified copy of this Agreement and accompanying Order
shall be served on the police department(s) in the jurisdiction where
Petitioner resides, Pursuant to Section 6109 (a) of the Act, a
certified copy of this Agreement and Order shall immediately be filed
by the police department in the County Registry of Protection
Orders. Should the police come into contact with Respondent, and
Respondent alleges that he has not been served with this Agreement
and Order, the police officer shall immediately serve the Order upon
him,
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9. This Agreement and Order shall be enforced by any law
enforcement agency in any county where a violation of it occurs. As
provided in Section 6133 (a) of the Act, "(a)n arrest for violation
of an Order issued pursuant to this chapter may be without warrant
upon probable cause whether or not the violation is committed in the
presence of the police officer,"
10, Respondent is hereby notified that if he violates this
Agreement and Order, he may be held in indirect criminal contempt
which is punishable by a fine up to $1,000,00 and/or by a jail
sentence of up to six (6) months. The Court may modify this Order at
a contempt hearing,
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11.
This Agreement and Order shall remain in full force for a
period of one (1) year.
BY THE COURT:
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LINDA K, JASTRON,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner, :
vs.
NO. 94-5659
JOHN C. JASTRON,
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
Respondent,
PROTECTION FROM ABUSE STIPULATION AGREEMENT
THIS AGREEMENT, is entered on this 13th day of October 1994, by
and between LINDA K. JASTRON hereinafter referred to as "Petitioner,"
and JOHN C, JASTRuN hereinafter referred to as "Respondent,"
WHEREAS, Petitioner filed a Petition for Relief under the
Protection From Abuse Act on or about the 3rd day of October 1994,
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and;
WHEREAS, on or about the 3rd day of October 1994, a temporary
order was entered, Said order scheduled a hearing for the 13th day
of October 1994, at 3:30 p.m, in Courtroom 3, at the Cumberland
County Courthouse on High and Hanover Streets in Carlisle, Cumberland
County, Pennsylvania; and
WHEREAS, the Parties desire to resolve their differences by
entering into this Stipulation and Consent Agreement.
NOW THEREFORE, intending to be legally bound, the Parties hereto
agree as follows:
1, Respondent is directed to refrain from abusing, harassing,
or threatening Petitioner and her children, physically or verbally,
wherever they may be.
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~. Petitioner is granted sole possession of the marital
residence situate at 21~ South York Street, Mechanicsburg, Cumberland
County, Pennsylvania,
3, Respondent is excluded from entering or telephoning
Petitioner's current residence or any residence in which Petitioner
may reside during the pendency of this Order,
4, Respondent is prohibited from having any contact with
Petitioner, including entering or telephoning any places Petitioner
frequents,
5, Respondent is directed to refrain from all harassing
communication with Petitioner or her relatives.
6. Respondent is directed to pay Attorney's fees incurred by
Petitioner in the amount ol one-hundred and twenty-five ($125.00)
dollars.
7, Respondent is permitted to retrieve his personal belongings
from the garage of the marital residence on a day that is mutually
agreed upon by the Parties in advance of his arrival.
8. A certified copy of this Agreement and accompanying Order
shall be served on the police department(s) in the jurisdiction where
Petitioner resides, Pursuant to Section 6109 (a) of the Act, a
certified copy of this Agreement and Order shall immediatoly be filed
by the police department in the County Registry of Protection
Orders, Should the police come into contact with Respondent, and
Respondent alleges that he has not been served with this Agreement
and Order, the police officer shall immediately serve the Order upon
him,
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9, This Agreement and Order shall be enforced by any law
enforcement agency in any county where a violation ot it occurs, As
provided in Section 6133 (a) of the Act, "(a)n arrest tor violation
of an Order issued pursuant to this chapter may be without warrant
upon probable cause whether or not the violation is committed in the
presence of the police officer."
10, Respondent is hereby notified that it he violates this
Agreement and Order, he may be held in indirect criminal contempt
which is punishable by a fine up to $1,000,00 and/or by a jail
sentence of up to six (6) months. The Court may modify this Order at
a contempt hearing,
11, This Agreement and Order shall remain in full force tor a
period of one (1) year,
IN WITNESS WHEREOF, the Parties have executed this Consent
Agreement the day and year first written above,
WITNESSES:
ItO'77(/(/ ~ f)N/t~
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Jastron, P oner
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John C. Jastron, Respondent
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA)
) SS:
COUNTY OF DAUPHIN )
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Before me, the undersigned notary public, this day personally
appeared JOHN C. JASTRON, to me known (or satisfactorily proven to
me), to be the person whose name is subscribed to the within
instrument and acknowledged that he executed the same for the
purposes therein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal this 12th
day of October 1994.
Tonyt~~~c~f. Nf!a!:~l1C
My commission expires: April 28, 1997,
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_ Seal
Ta1Y8 L 0cI<M. NoIaIy N*:
HM'6IJuv,IJeuptWl Cou1ly
lot)' Corrvris&on E>opirosApnl28. 1991
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIAl
COUNTY OF DAUPHIN )
SS:
Before me, the undersigned notary public, this day personally
appeared LINDA K. JASTRON, to me known (or satisfactorily proven to
me), to be the person whose name is subscribed to the within
instrument and acknowledged that5he executed the same for the
purposes therein contained.
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II IN WITNESS WHEREOF, I hereunto set my hand and official seal this
II 1J1f.. day of October: 1994.
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trontlfl. L {.0(J k}Jt
~onya ~, OCr-er, Notary Public
~y commission expires: April 28, 1997.
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, 'b1ya L 0:1<.... NoIa>y f'Ij]i:
Hirri&blg. IJeI.!t'n Counly
1olyc...".......E>qjoo""'l2ll, 1997
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ROBINSON AN~~ I ^L
ATTORNEYS AND CouA.ltft\ANrI~'V"\
P.O. BOX~J2o. ~SBURl.i. PENNSYLVANIA 17110.'320
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,CERTIFIED TRUE
AND CORRECT COPY
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(717) 232-8525
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LINDA K. JASTRON,
IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY, PENNSYLVANIA
II
Petitioner,
vs.
NO, 94-5659
JOHN C. JASTRON,
Respondent.
PROTECTION FROM ABUSE
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PROOF OF SERVICE
I, Gerald S. Robinson, Attorney for Plaintiff, do hereby certify
that on the 13th day of October 1994, a true and correct copy of the
October 13, 1994, Order entering the Parties' Protection from Abuse
Stipulation Agreement dated the 12th day of October 1994, as an Order
of Court was served on the following individual by hand-delivery.
Proof of Service is evidenced by "Exhibit One" (attached).
John C, Jastron
4407 North Front Street
Harrisburg, Pennsylvania 17110
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Respectfully Submitted,
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ROBINSON & GERALDO
Attorney 1.0, No, 27423
4407 North Front Street
P,O. Box 5320
Harrisburg, Pennsylvania l7110-53~0
(717) 232-8525
Attorney for Petitioner