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HomeMy WebLinkAbout94-05908 .. ," , " '. i,r,;) i li'~:,-",'. Ij'/:i/""r"." fi'l',! ' nl,,;~/;; ,"ff1,:i,J/I",J1 /I~ ~l?~'(r , " i;f;'\\i:: ", ;;};I"I,;, ,,',' !i!)'", )t:J/,." lr,}~!~! ; /r, ","":', , '..i. 'I 'f:"I" . })':'C/";::' " .1.;:);' " 'IiJ'" (,';", /" ~,,: " yr:'i" /'1,' (, /I',!- I," ,'- ,! " " " " I ,II JI ~ 'I " l " , '" " , , i " ", " , , ", " I;: If! ", '/ Ii,' , ";" ''-',::,-;';,,';- I ,-If I " " '" ,1.-1 /i .. , " Iii ., ,:'1r; 'J ,I,f" '-';~,l'~~~~ , ",',i(f '.f". "'/I"! ,.ii"I!".I'r",:";'!, 'I, "'--J-iN,lei I i'll 'j ,''.','; ~ -' '/if'~1 ,,' "",:i/\!~'J:; ";J)"':A,,,;; ; /;):\;;(1i " " "l'",I'W6 '.':;'k\.ti/l~~~ ,ll?)!~i:IJ{I[r;J; ii',.'_ "'f,,'<:f,j~J'h)j l 1';1 /,' l'[fl! 'j /1, ~,/. ~~/J1J 'l!l~nll IJll'''k~1. '//1, JU' ',' I l(,1. j' "lr'~IL, " "111'11.1)),"11"' I'/'ia}) , ',.'. P/l. ,l,,-'.",:y,i{ , ! I, ') 'j" 1_,." >it.'/Ip " J'" ",' '~i{: 1; h ,'!' "/~H:./n( " " <.<.':tA I ,I' .:j"mi :'/::>f/;;Ji '- - ,.r'lf~i. .:1,. ('~'._(/,<)!, .r" '/ ,;~II)~ "','1 ",,'J-.;"f" , ! I, I ".(:,I,.~ ~. f//~ i,.. "II( ;'J:1','1:17;~ 1"~/",:NfjJ., " ',I, ,/',' ,:\l " "d"'\X/l' .";';'-'t'!)'!f. Ji/,;; ::-.'r':}~l ;/' ':",';,';/1 ,,- I{., ','..,' ':;;,l,a "\;-1' ,,--rl ~ 'I I" /".',1(, " " " " " :' " " I" " " ~ " ,'" " II ,/' " , " , " .. " / ,'" " , " " " ,} I Ii' , , " ,/ ;'! , , " , " I " ", .' " " , I .. , " .. 'I ',' , ,'/ ;, ,'-;/' , ',I, , 1(', I, ,-" plalntiff, stephanie A. Fettro. The defendant is ordered to refraIn fros having any contact with the plaintiff exr.ept to fac\l\t.ate custody of theIr sinor child. The defendant is ordered to refrain fros entering the plaintIff's place of esploy.ent, stalkIng the plaIntIff, and harassIng the plaIntiff or her relaUveR. The defendant III ordered to refraIn fros dasaglng or destroying any property owned by the plaintiff or any property owned jointly by the parties. This Order Rhall re.aln In effect untli a final order Is entered in this -,.; on the.2t> . day of october, c..e. A hearing shall be held on this satter 1994, at ,2: 3..> f).. in Courtroo. No.~, Cuaberland County , Pennsylvania. Courthouse, Carlisle, The plaintiff may proceed in ~ pauDeri~ pending n further order after the hearing. The Cusberland County Sheriff'S office shall attespt to sake service at the plaintIff's request, but service aay be accosplished under any applicable rule of CIvIl Pro<:edure. ThIs Order and Petition shall be docketed In the Office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary .hall not send s copy of this Order and Petition to the defendant by aail. The New Cusberland and Casp Hill police Depart.ents will be provided with a copy of this Order by attorneys for plainti ff. Thill Order shall be enforced by any law enforcesent agency when a violation occurs by arrelt for indirect crisinal conte.pt. The arrest lIay be without warrant upon probable cauae that thl~ Order has been violated, whether or not the violation is c"".ltted In the prellflnce of the poll<,e officer. In the event that an arrest Stephanie A. rettro, : IN THI COURT or aJIIIOIII PLUB or PI.intiff . . . CUJlBlRLA/lD COUNTY, PlNNSYLVANIA . : : NO. 94 - CIVIL TIIII . . Y. . PROl'ICTION noli ABUSI . . AND CUSTODY . lark I. Pettro. : Defendant NOTICI You have been sued in court. If you wish to defend against the c1aias set forth In the following pages, you Bust take action prosptly 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 say proceed witbout YOII, and a judgsent say be entered against YOII by t.he Court without further notice for any soney clalsed in the Petition or for any other claim or relief reqllested by the plaintiff. You Bay lose Boney or property or other rights iBportant to you. YOU SHOOLD TAli THIS PAPER TO YOOII LAlfYIR AT ONCI. IP YOU JJO NOr HAVI A LAVYD 011 CAIINOI' APfORD ONI, 00 TO OR TlI.II'fI()NI THt: O'PICI! SIT fORTH BELOW TO PIIlD oor WHIRl YOU CAN Ot:'\' LlOAL HUP. COURT ADMINISTRATOR, 4TH PLOOR CUMBERLAND COUNTY COURTHOU8tl CARI.ISI.I, PENNSYLVANIA 11013 TILIPHOIlI NUK8IR: (111) 240-1200 throat, and repeatedly hit her head against the floor causing swelling to the back of her head. When the defendant heard the plaintiff's friend calling the police. he atteapted to rip the ph""1e cord out of the wall and left the residence when he realized that the police hed been called. When the police arrived and noted the aarks on the plaintiff's throat and Bwelling about her head, they issued a warrant for the defendant's arrest. b. On or about October 2, 1994, while holding the 20-aonth-old child, the defendant choked the plaintiff frOB behind putting his foreara across her throat. The plaintiff struggled to get free, but the defendant held onto her head putting his foreara forcefully across her aouth, causing her lips to swell and bleed. The defendant released the plaintiff only when their son, who the defendant was still holding, Bcreamed hysterically. c. Since approximately March 1993, on several different occasions, the defendant shoved the plaintiff, choked her, forcefully pulled her ara behind her back, and pushed her to the floor. 6. The plaintiff left the marital residence with her son on or about October 8, 1994, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she will be in laaedlate and present danger of abuBs frOB the defendant should she return to the hoae without defendant's exclusion and that she is in need of protection froa such abuss. 8. The plaintiff desires that the defendant be ordert,d to refrain frOB havinll any contact with her except to fad IItate custody of their ainor child. 9. The plaintiff desires that the defendant be ordered to refrain froa entering her place of eaployaent, Btalklng th., plaintiff. and haralllllng the 2 plalntHf or her rtIlatives. 10. Th. plaintiff desires that the defendant be ordered to refrain fro. "~.I.n, or deatroy'ln. any property ow lied by the plaintiff or any pl'operty ollllad Jointly by the partieR. B. TDlPORARY CUSTODY II. The plaintiff Beeks te.porary custody of the following child: lill. Present Residence Ag Dyllln Anthony t'ettro 314 Bridge Street New Cuaberland, PA 20 BOS. old DOB 12/24/92 Thfl (,hilI! lias 1I0t born out of wedlock. Thfl child Is Ilr.,sently In the custody of the plaintiff who is ts.por.rlly residing at 309 - 11th Street, New Cumberland, Pennsylvania. Durin. th" (,Mid's 1 ifetiae , the child has resided with the following persons and at the following addreBses: Plaintiff, dufendant, II lose and Gary Johnson (plaintlfr'M parenta), alld Brent alld N I"ho lu .Johnaoll (~I~lntlff'R brothers) 1205 Bridge Street New Cusberlnnd, PA nlliJl 12/24/92 to 3/93 3/93 to 8/94 8/94 to 9/94 HIM Addresses Plaintiff and e21 Pear Street d..f.lIldant. tellloync. PA Plaint I " and 224 Market Street deWen(lant N..w Cuab.. r1l\nd , PA Plaint! ff ~nd derendant 314 Bridge Street New Cusberland. PA 9/94 to 10/8/94 10/8/94 to present Plaintiff, Angela 309 - 11th Street Spelaa, Oan~lle and New Cu.berland, PA Asbell' 8""1I,,a (plaintiff's rrlend and her children) 3 .. STATUS TO ~1lIl IN POIIIIA PAUPDIS 24. The plaintiff doe a not have funds av~ilable to pay the fee a for tiling and service. WHEREFORE, pUrBuant to the prov lalons of the "Protection froB Abu.e Act" of October 7, 1976, 23 Pa.C.S.A. Section 6101 ~ ~., as asended, the plaintiff prayo this Honorable Court to grant the followln. relief: A. Gr~nt a Tesporary Order pursuant to the "Protection fro. Abuse Act": 1. Requiring the defendant to refrain fros abuaing the plaintiff or placing her in fear of abuse. 2. Requirinll the defendant to refrain fro. havlnll any contact with the pl~intlff except to facilitate custody of their Binol' child. 3. Requiring the defendant to refrain fro. entering the plaintiff'a place of esploy.ent, st~lkinll the plaintiff, and harassing the plaintiff or her rel~tives. 4. Granting te.pol'ary custody of the ainor child to the plaintiff . 5. Granting possession of the apartaent located at 314 Bridge Street, New Cusberland, Pennsylvania, to the plalrltiff to the exclusion of the defendant pendinll a final order In this Batter. 6. Ordering the defendant to stay away fro. any residence the plaintiff BaY In the future establish for herself. 7. Ordering the defendant to refrain ho. rla.aglng or destroying any property owned b~ the plaintiff or any propel'ty Ollned Jointly by the parties. 6 B. Schedule a hearing In accordance with the provisions of the "Protection fro. Abuse Act," and, atter such hearing, ent.er an order to be in effect for a period of one year: 1. Requiring the defendant to refrain froB abusing the plaintiff or placing her In fear of abuse. 2. Requiring the defendant to retrain fl'oll having any contact with the plaintiff except to facilitate custody of their sinor child. 3. Requiring the defendant to refrain fros entering the plaintift's place of e.ploy.ent, stalking the plaintiff, and harassing the plaintiff or her relatives. 4. Granting possession of the apartment located at 314 Bridge Street, New Cusberland, Pennsylvania, to the plaintiff to the exclusion of the defendant. 5. Ordering the defendant to stay away fro. any residence the plaintiff Bay In the future establish for herself. 6. Ordering the defendant to refrain frOB dauging or dutroylng any property ollned by the plaintiff or any property ollned jointly by the parties. 7. Granting RUPPOl't to the plalllUff In an appropriate asount according to the support !lU ld..llnes. 8. Ordering th., def.'ndant to pay reasonable attorney fees. The plalntift further aRks thPlt this Petition be filed Ilnd served lIithout pay...nt of costs, I,,'ndlng " further order at the h"arlnll. and that a copy of thi.. p,.tltlon and Ordf'r t,., dellvp.r,'d '0 the Nell Cu.berland and CaBp 7 " " " , , , , ,. ',' . 0 ~ V " ;g :.-... ~ 4: . ~~i-,'; ::c:: H "'- <n " ,g <~ .. ~ " , ~ ,- ., - ... '-' C;;;l I' "-""'f".'I"'-"~'~"':'::"-" T ". '~