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Home My WebLink About94-05823 " " , " L'I' I r,. I' 1;'1 i);\I; 1'-;" "'.\' i'I", ;,\"1.'\" ':,t 1\ \ii ~,,'.,!, ,I ': , t /,..,1 I.. I- " 'i'l , Iii" " " " " i, :,\ "I '" " 'I '" " .,1 .".j , I, " " ,,1" I I', ,I',' "1\ , I'! , , . .''1 '" , (",i, I' , , , \ " / \ , " " \' , " " , " , " " I, , " ,I! , " ~.( I. I' I' " , 'i.', ,',I, ,\ "I 1'1' i J ~ " , , " ,'" " p !\ ~ \ G\ ....~ \ "'0' \ ,.1. (~ . \ ,': :';\ I ,'k" \lq, , .,.). '_'4 , .\:'I! ,)! 'i'; , \ ~i 'Ii " ,.., 1,<[ 'j q ," , " '1':' '.. ('.' ,:,)ill \\\1' " 'I ""::\~ i;,',\t~ ,.:-I/P''Pf'rfll1l''''''''ut. -. "j;'. ,'" {.' b. On or about August 17, 1994, the defendant grabbed the plaintiff b, both wrists, threw her to the floor, and punched her in the left thigh causing a bruise. When the plaintiff got up froa the floor and tried to leave the rooa, the defendant grabbed her by the hair and shoved her out the door. Later that day, the defendant caae into the bath roo a , threw a jewelr, box at the plaintiff hitting her on the leg causing a red welt. The defendant then grabbed a towel, wrapped It around the plaintiff's head, and jerked it fro. her head causing pain in her neck. The plaintiff went to the phone and called the pol ice. The defendant was arrest.ed for siaple assault.. c. In or about July 1994, the defendant grabbed the plaintiff by the throat and threw her against a kitchen door. When the plaintiff threatened to call the police, the defendant t.hrew two phones on the floor destro,ing the. both. d. On one occasion in 1992, the defendant grabbed the plaintiff and threw her to the floor in t.he dining rooa causing 8 bruise above her e,e. On one occasion In 1991, the defendant grabbed the plaintiff by the throat and threw her to the ground. 5. The plaintiff believes and therefore avers that she will be in la.ediate and present danger of abuse froD the defendant should she re..in 'a. the hOlle without defendant's excluBIon and that she is in need of protection froa such abuse. 6. 'fhe piaint Iff duires that the defendant be ordered to refrain 'rolt having any contact ..ith her including, but not limited to, entering her pl_: of aaploy.ent, stalking the plaintiff, and harassing the plaintiff and her relAtives. 2 7. The plaintiff dealr..a that the defendant be ordered to refrain fro. d....ln. or deatroylng any property owned by the plaintiff or any property owned jointly by the part Ips. p. TDtPORARY CUSTQllI 8. ThD plaintiff Heeks teaporary c~stody of the following child: !!.Au ~~ Residenc~ AU A IDC I.ogan PIltr ick 4749 Brian Road ~Ie(:han Icsburg, PA 5 IIOS. old OOB 4/25/94 The cM ld waB not born out of wedlock. The child is presently In the custody of the plaintiff who resides at 4749 Brian Road, Mechanicsburll, Pennsylvania. During the child's IHeUae, the child has resided with the following peraona and at the followinll addresses: IIu!! &lrtrnml l2Akl! Plaintiff, defendant, Day ill anll Sy I via Patrick (defendant's father and IItepaother) 16 A Glenwood Dr. Camp HI11, PA 4/25/94 to 6/94 Plaintiff, defendant, IIi ilia. "nd Marla \'ogan (pllllnUrr's partlntK) 123 Old MI11 Dr. Camp HI ll, PA 6/94 to 7/94 Plaint irr 4749 Brian Rd. 7/94 to Mechanicsburll, PA 10/3/94 ". 4749 Brian Rd. 11l/3/94 to Mechanlcsburll, PA present Plainll rr and det..ndant 'I'll.. IIOther of the child i8 the plaintiff. Julltl K. Patrick, currentl,. reaidln. at 4749 Brian Road, Mechanlcsburg, Pennsylvania. 'I'he plaintiff currently resldea with the followin!! persons: 3 the larltal hOle, and the defendant has established a new residence which is unknown to the plaintiff. 15. The plaintiff desires possession of the apartlent so as to give the IIreatest degree of continuity to life of the child. I!...-...STATUS TO PROCEED IN FORMA PAUPERIS 16. The defendant is unemployed. 17. The plaintiff is employed at Rib-It's Restaurant and has an hourly rate of $2.34 plus tips. 18. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection frol Abuse Act" of October 7, 1976, 23 Pa.C.S.A. Section 6101 et sea., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Prolection frol Abuse Act": 1. Requiring the def"ndant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff includin.!!, but not limited to, p.ntering the plaintiff's place of "mployment, stalking the plaintiff, and harassin, the plaintiff or her relativlls. 3. Granting temporary custody of the minor child to the plaintiff. 4. Granting "oBsession of the apartment located at 4'749 Brian Road, iIIechanlcsburg, Pennsylvania, to the p,laintiff to the exclusion 01 the defendant pending a final order in this maHer. 5 " 5. Ordering the defendant to stay away fro. any residence the plaintiff uy in the futurp. establish for herself. 6 Ordering the d.,fendant to l'efrain froll dauging or destroying any propel'ty owned by the plaintiff or any property owned jointly by the parties. B. Schedule a hearing in accordance with the provisions of the "Protection froll Abuse Act," and, after such hearing, enter an order to be in effect for a pedod of one year: 1. Rl'qulring the defendant t.o refrain froll abusing the plaintiff or placing her In fear of abuse. 2. Rp.quiring the defendant to refrain froll having any contact with the plaintiff including, but not lilllted to, entering the plaintiff's place of emplOYllent, stalking the plaintiff, and harass in. the plaintiff or her relatives. 3. Granting possession of the apartment located at 4749 Brian Road, Mechanicsburg. Pennsylvania, to the plaintiff to the exciu.ion of' the defendant. 4. Ordering thl' defendant to stay away from any residence the' pll\intiff may In t.he future establi!lh for herself. 5. Ord..ring the defendant to refrain from dlUlaging OJ' destroying any property owned by tbe piaintiff or any property owned Jointly by th.. parties. The plaintiff further 8sks that. this Petition b,' fiied and served without paYIIEmt of costs, pending a further order at the hearing, and tlNlt copy of thi.. Petition and Ord..r be del iv..r,'d to th.. llaJIII,d,'n and Lower Allen 6 0 Q ":'T" (,) rn ;,~' ~... - ,.,., :."\'.., "J .( I,,' - ", I ~J (" \:J , ("a,,} .~ f"... '.' ~,,~J Iii '1',\ ,.1,)" ['I,\! " . . JULIE K. PATRICK, plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY. PENNSYLVANIA : NO. 94-5823 CIVIL TERM DAVID W. PATRICK. Defendant PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The plaintiff moves this Court for an Order continuing the hearing of this case until further Order of Court, on the grounds that: 1. A Temporary protective Order was issued by this Court on the 12th day of October, 1994, SCheduling a hearing for the 20th day of october, 1994, at 8:45 a.m. 2. The defendant was served with the Temporary protective Order and contacted the plaintiff and communicated that he could not appear at the time scheduled for hearing. 3. The plaintiff feels that a Consent Agreement can be reached and requests a continuance to negotiate the te~. agreement. 4. The plaintiff requests that a general continuan~e be entered and that the Temporary Protective Order remain pending further order of court. 5. A copy cf the Order for continuance will be the Hampden and Lower Allen TownShip Police Departments by attornQYs for the plaintiff. WHEREfORE, the plaintiff moveR this Court to grant tbe plaintiff's Motion, and to continue thie matter until furtber 'I,