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HomeMy WebLinkAbout94-05659 c' J -I ~ J r- JI ~j ~ I (fl :;,- -I ';j: <:t - g: 1 1- ..!) ~ "B- '::j- ex> ;;r; ~ 0 .:J 'i ~... a - ~'l~: Of..7 () - E \D 0 1+ 'V;..<' If. \() ~ @ ::J1' ~,.... (.: ..J ,"'\ . v) "" -' ~ - , a '::t .d ~ I."'.j ~ -'.S V j ~- -w. fA: "" """" ," , "" " . - ., ,J5 tv 'e.' ..,;.c '.'i " ,'j - '. . . (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 .' I"~ :1\ II , i I j I il 'I LINDA K, JASTRON, IN THE COURT or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . Petitioner, : , . VII, NO. q", - 5ll'.')Q Cu..:J T~I,-r\ JOHN C, JASTRON, CIVIL ACTION - LAW PROTECTION FROM ABUSE Respondent, !I :1 :1 11 !I II il il 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 !i if Petitioner, including entering or telephoning any places Petitioner !I ;j II :; q I. !I ii !i 'I Ii ii II frequents, I, 'I 5, Respondent is directed to refrain from all harassing communication with Petitioner or her relatives, OCI '1 J Gjf~ IS~ ,) I' . i,l '. \' , 1 \: ~_.1l' ,,-', " I I I i ~ I ~ ij i Ii ~ , I i I ~ ~ !i Ii ~I ;i " ~ Ii ~ ~ ~ i: !I Ii ~ ~ ~ " i i ~ 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, i I I i I i I I , i I I I : . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I I' ,I !! Petitioner, : vs. NO, JOHN C, JASTRON, i , \ ~ ~ ~ d ij ~ d if ~ d Ii !! 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. Ii !i " 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. 1 'i . I !I j , Ii ~ !j 1i I 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 , ! i! " :1 'I , Ii ij ~ , , , ;1 , I 'i I I I I !! 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, il II 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, :1 ii Cumberland County, Pennsylvania. I , 2. Respondent is JOHN C. JASTRON, an adult individual presently ii I I ,I I 'I , :1 residing at 212 South York Street, Mechanicsburg, Cumberland County, 'I pennsyl vania, I :, 3, Petitioner and Respondent have been married since July 18, 'I 1991. 'I 'I , ;! 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: I I i I I :1 l I i , 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; ij ~ II , I " Ii i ~ 1 l' II i I 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; I ~ I I I 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, I I I I i 11 'I 1 11 11 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, i I i I I I II 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 I i ,I i! il II " " n H " ,> ~ . '-'C fl... ~ ... M ". ",,'" ...,:: ..t :", ;:,.~ ~ ~~:"'~ j . .'-< - ,;1': , ,,"- - - .i ':' ~.' ., - , . 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? '.\' I%~' 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~ /.' " ' './ ;f '. / "--7/ ., / . No ry Publ1 COlDllllulo _Exn NOMA!. S[.l.L COlnN . IlarriSburo, [)o)Jphin Ccunty lily Comrn;>I,2n bilirl'i Mar 25, 1. thl. ~ f . 17I n ;l32-8525 ~ C1'). ...... - - ~ .. , ~ ,.. ...- ..q;'-~ .-r,~i:;' ;~ /" ~J.~: .; ~-") . ."..;{' ,'.j..;.r. r" -. ~, ::zc.l =-= 'w ~';(,~ 'I " :-- . . j-- . ...... .'> ~ , ROBINSON AND GERALDO AITORNEYS Nm COUNSELLORS AT LAW 'Iii.. .,.-' P.O. Box ~J2n, H....l'lftfSDUkG,. PFNNS)'lVANI.'\ 1711tl-H2lJ nnT 1 3 199.\ elL Cf~IFIED TRUE ~ND ~ORRECT COpy 't~. II I' i I I , . ' 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 ~ l.t- day of October 1994, upon presentation and ORDER I II II " II II I I I I I I i 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, I II 6. Respondent is directed to pay Attorney's fees incurred by Petitioner in the amount of one-hundred and twenty-five ($125.00) dollars, OCl IJ J oo! ~ '911 1, .,;.'t ..1 t , - ~ j ,~ . , i ~ , I I 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, , I I II I I I I I I I I 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, ~ Ii i I I I I i I II II i i , I i I 11. This Agreement and Order shall remain in full force for a period of one (1) year. BY THE COURT: ,'I "i I' , , i I I I , i II II I II I' I I 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, i i 'I II Ii II II !i ii ~ i 'I I " I I 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. , I 1 I , , :1 ,I ;1 I ~ I I I I I ~. 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, l ~ II " ~ ~ . I I' ,I 'I il 1 I, 'I Ii I ' I I I 1 ~ ~ I ;1 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~ . J d/;t- /( ~ Jastron, P oner / ,.. ~c/~ John C. Jastron, Respondent Ii I i ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF DAUPHIN ) I i i I I I 'I II I! 1/ Ii 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, I I I I , Ii " _ Seal Ta1Y8 L 0cI<M. NoIaIy N*: HM'6IJuv,IJeuptWl Cou1ly lot)' Corrvris&on E>opirosApnl28. 1991 aI ., '. 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. i I II IN WITNESS WHEREOF, I hereunto set my hand and official seal this II 1J1f.. day of October: 1994. " " iI 'I I, ! '! 'I il 'I !I il I, 'I II [I !i !! trontlfl. L {.0(J k}Jt ~onya ~, OCr-er, Notary Public ~y commission expires: April 28, 1997. _S<<JI , 'b1ya L 0:1<.... NoIa>y f'Ij]i: Hirri&blg. IJeI.!t'n Counly 1olyc...".......E>qjoo""'l2ll, 1997 '..&&IV't.'-'~oI II , il 'I I, [i II !I i ~. . if: .... "" N :>-:t- ~~!; ~.:: ~<; ...., ,)5 -' Q';Jc,c...:.....: F("j~~~ - ~ a' ,~..... - .--., . u r .." " " (' " " ROBINSON AN~~ I ^L ATTORNEYS AND CouA.ltft\ANrI~'V"\ P.O. BOX~J2o. ~SBURl.i. PENNSYLVANIA 17110.'320 1 I) , . ,CERTIFIED TRUE AND CORRECT COPY , (717) 232-8525 " . . 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 i I I I II I I I II :1 I I II ;1 'j 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 II I Respectfully Submitted, ~r~~~~ 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