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Home My WebLink About94-06156 1/ , I, I , ,. " J', '1.,., ,I . . I,.' / " I ", :1' , " I I," " ~. '7 ~ "I, 'i " . , ' I' " , . 111 .1 . " , , -) ,"'" ','" " , .. I i1. ,I ",., ',., :ij ji'l' li - .J I;, 'I . ,'.' , ' I I " .' I' " , " I' I' Ji, .' ~ ' ," I, I ~ J " I, , '" Cifi .. ~ .. # en ~l'.: c"" .'!;"',~':f ~.L:r ,_'0 :< ;>!:'~-"~ , '~.., I- , ." '-' . .. ...:r. ~ ~~ ~:: "" 1:,",(.;> " .... C'-I - c!:f DORl A. POWLEY, Plaintiff for herself and on behalf of her minor child : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE : AND CUSTODY THOMAS E. LEV ARTO, JR. Defendant LP15~ : NO. 94. CIVIL TERM 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 thl: 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 Cumberland County Courthouse Carlisle, Pennsylvania 17013 717/240-6200 DORl A. POWLEY, Plaintiff for henelf and on behalf of her minor child : IN THE COURT OF COMMON PLEAS OF : CUMBERl.AND COUNTY . PENNSYLVANIA v. : CIVIL ACTION . LAW : PROTECTION FROM ABUSE, : AND CUSTODY THOMAS E. LEV ARTO, JR., Defendant : PROTECTION FROM ABUSE PETITION FOR TEMPORARY PROTECTIVE ORDER AND CUSTODY AND SUPPORT The petition of Dorj A. Powley respectfully represents as follows: COUNT I. PROTECTION FROM ABUSE 1. Plaintiff is an adult individual who is residing at 106 East Columbia Road, Enola. Cumberland County, Pennsylvania. Plaintiff brings this action for herself and on behalf of her minor child Thomas E. Levarto, III. 2. Defendant is an adult individual who is residing at 148 South Enola Drive, Enola, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant were never married. 4. Plaintiff and Defendant are the natural parents of Thomas E. Levarto, III, born, February 28, 1992. 5 Over the course of their relationship, Defendant has attempted to cause and has intentionally, knowingly, and recklessly caused bodily injury to Plaintiff. This has included but is not limited to the following instances of abuse. 6. On October 17, 1994, during a discussion, the Defendant became enraged and. in front of the minor child, punched the Plaintiff on the right side of the face. The blow left knuckle marks and redness. The East PeMSboro Police were called by the Plaintiff and responded to the scene. but the Defendant left the scene before they arrived. 7. Between the months of June 1994 and September 1994, on three separate occasions. the Defendant. in the presence of the minor child and without provocation, punched the Plaintiff and forcibly grabbed the Plaintiff by the arms causing multiple bruises. On one of those occasions, the East PeMSboro Police were called by the Plaintiff but did not take any aclion. 8. Plaintiff believes and therefore avers that she is and will be in immediate and present danger of serious abuse from Defendant and that she is in need of protection from abuse. WHEREFORE, pursuant to the provisions of the "Protection From Abuse Act" 23 Pa.C.S. A6101 et seq., plaintiff prays this Honorable Coun to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection From Abuse Act" requiring the Defendant to refrain from abusing the Plaintiff, either personally or through his agents, and B. Schedule a hearing in accordance with the provisions of the "Protection From Abuse Act". and C. After such hearing, enter an order against the Defendant, to be in effect for one years. as follows: I) Directing the Defendant to refrain from abusing the Plaintiff or minor child. 2) Prohibiting the Defendant from having any contact with the Plaintiff, except for the purpose of exchanging custody of the child including, but not limited to, restraining the Defendant from entering the place of employment or business of the Plaintiff and from harassing the plaintiff or plaintiff's relatives or minor children. . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55. I verify that the statements made in this Petition are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. U~f 'I Date. 10 /.J(.. /y1-/ . .. , without warrant upon probable cause that this order has been violated whether of not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall not be taken to jail but shall be taken without unnecessary delay before the court that issued the order. When the court is unavailable, the respondent shall be arraianed before the District Justice who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure. 5. Plaintiff and defendant intend to be legally bound by this document and to have it entered as an order of court. * Thomas E Levarto, Jr. Defendant ~~~ THOMAS M. PLACE ROBERT E. RAINS LINDA E. FISHER Supervising Allorney THOMAS L. PEELER Staff Attorney FAMILY LAW CLlNfC~ 45 North Pitt)tfeet Carlisle, P}{ 17013 717/243 968 J. Approved and Entered as an Order of Court. O~ JI. I ti"" , Dale: OCl 31 ~ os r/1'S~ , ".':I/(llfICI( OF 11,'. l'I1\'IfIONOtAAf Cl/"'lIfP~AriO ~~liNT~ Pth!/SrlV.l~l~ . .Cl. ~. ."" - - - - - .L 4, ~ .. ~ DORJ A. POWLEY. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE : CUSTODY THOMAS E. LEV ARTO, JR., Defendant : NO. 94-6156 CIVIL TERM CERTIFICATE OF SERVICE I, Tara J. Kirkendall, Certified Legallnlern, Family Law Clinic, hereby certify that I have served a true and correct copy of said Consent Agreement on Thomas E. Levarto, Jr.. residing at 148 S. Enola Drive, Enola, Cumberland County, Pennsylvania, by depositing a copy of the same in the United States mail, certified, restricted delivery. return receipt requested, postage prepaid, this 2d day of November, 1994. c- ,,- Tara J. Kirkend II Certified Le~ Intern 1'1 J 4 c' 9 'l 1'1;:1 2 Certified Mall Receipt No Insurance Cov~rage Provided '. 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