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MARY S. FOSTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
94-
CIVIL TERM
ROBERT C. FOSTER,
Defendant
PROTECTION FROM ABUSE
PETITION ~OR PROTECTIVE O~
The Petition of Mary S. Foster, by her attorney, Murrel R.
Walters, III, Esquire, respectfully represents:
1. This Petition is filed pursuant to the "Protection from
Abuse Act", 23 P.S. 56101 et seq.
2. The Plaintiff, Mary S. Foster, is an adult individual who
resides at 318 Indian Creek Drive, Mechanicsburg, Hampden Township,
Cumberland county, Pennsylvania.
3. The Defendant, Robert C. Foster, is an adult individual
who rePilides at 318 Indian Creek Drive, Mechanicsburg, Hampden
Township, Cumberland county, Pennsylvania. Defendant operates a
barber shop at 30 West Main street, Mechanicsburg, Pennsylvania
where he receives mail and where has been residing since November
11, 1994.
4. The parties are wife and husband, having been married on
March 26, 1994.
5. The parties purchased the family residence at 318 Indian
Creek Drive, Hampden Township, Mechanicsburg, Cumberland County,
Pennsylvania and moved in on January 15, 1994. All of the money
used to purchase the property was provided by Plaintiff.
6. Over the last six months, the Defendant, by physical
menace, has placed Plaintiff in fear of imminent, serious bodily
injury. This has included, but is not limited to, the following
specific instances:
a. Soon after their marriage, Plaintiff discovered that
Defendant had an alcohol abuse problem. In early August 1994, the
parties contacted Hazzitti, Sullivan and Ruseell Counseling
Services relative to that problem. Plaintiff has continued to
participate in counseling in order to cope with and assist
Defendant with this problem. Defendant started with couneeling,
but has since stopped. In September, Defendant participated in in-
patient treatment for approximately 10 days and started regularly
attending Alcoholics Anonymous meetings.
b. When Defendant is drinking, he frequently becomes
irrational, suffers black-outs, has short-term memory loss, and is
verbally abusive to Plaintiff.
c. In October, Derendant threatened to utilize a firearm
to commit suicide. Defendant was talked out of this action and the
firearm was transferred to his sister, Diane Heckman.
d. In October, Plaintiff became suspicious that Defendant
had relapsed from his sobriety. On November 3, Plaintiff confirmed
that Defendant had been drinking alcohol. On November 11,
Plaintiff confronted Defendant and asked him to move from the
family residence until he became sober.
e. In the early morning hours of November 14,
Defendant, in an obviously intoxicated condition and
1994,
in an
irrational manner, telephoned Plaintiff. In the midst of a
discussion in which Defendant appeared to be extremely depressed,
there were unusual sounds and then the phone went dead. Plaintiff
called the Hampden Township Police Department with her concerns
about possible suicide. Hampden Police contacted Mechanicsburg
Borough Police, who met Plaintiff at the barber shop owned by
Defendant, which was where he was staying. The Mechanicsburg
Police Department ascertained that Defendant was physically
unharmed. A second firearm was transferred to Defendant's sister,
Diane Heckman.
At approximately 5:15 a.m., after Plaintiff returned
home, she was called again by Defendant. He inquired about the
firearm which he had just recently given to his sister, stating
that he did not know where it was. He said that he was going to
regain possession of the firearm so that he could go hunting later
in the day on November 14.
f. The Hampden Township Police Department suggested to
Plaintiff that she obtain a protection from abuee order.
7. Plaintiff is concerned about her safety and physical well-
being. The cause of her concern is the extreme change in the
behavior of Defendant when he is under the influence of alcohol.
When he is not drinking, he is rational and caring toward
Plaintiff. However, when he is under the influence of alcohol he
becomes irrational, suffers black-outs and short-term memory loss,
and becomes verbally abusive and hostile toward Plaintiff.
Plaintiff is concerned that this hostility, combined with firearms,
could present a life-threatening situation for her.
WHEREFORE, the Plaintiff respectfully prays for the entry of
a Protection Order granting the following relief:
1. Directing the Defendant to refrain from abusing the
Plaintiff or placing her in fear of abuse or physical harm;
2. Ordering the Defendant to refrain from having any contact
with the Plaintiff at her place of employment, which is the
Harrisburg city School District;
3. Granting possession to the Plaintiff of the family
residence at 318 Indian Creek Drive, Mechanicsburg, Hampden
Township, Cumberland County, Pennsylvania by evicting the Defendant
therefrom;
4. Any other relief your Honorable Court may deem
appropriate and/or necessary.
...vt:(;Jt{/i
MURREL R. WALTERS, III, ESQUIRE
54 East Main Street
Mechanicsburg, PA 17055
(717) 697-4650
I.D. No. 24849
Attorney for Plaintiff
, .
VBRII'ICATIOH
I, MARY S. FOSTER, verify that the statements made in this
Protection from Abuse Petition are true and correct. I understand
that false statements herein made are subject to the penalties of
10 Pa. C.S. S 4904, relating to unsworn falsification to
authorities.
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MARY rJ. FOSTER
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MARY S. FOSTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
v. 94-6541 CIVIL TERM
ROBERT C. FOSTER, .
.
Defendant PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW, this 23rd day of November, 1994, upon
consideration of the Plaintiff's Petition for Protective Order
under the Protection from Abuse Act, and following a hearing at
which the Defendant did not appear, apparently because he is
undergoing inpatient treatment for alcoholism, it is ordered,
adjudged and decreed as follows:
The Court finds that the allegations of the
Plaintiff's Petition with respect to abuse have been proven by a
preponderance of the evidence, and that the Defendant has
committed abuse as alleged in the Petition in the form of
placement of the Plaintiff in fear of imminent serious bodily
injury. Consequently, it is further ordered as follows:
1. The Defendant, Robert C. Foster, is enjoined
from physically abusing the Plaintiff, Mary S. Foster, or
placing her in fear of abuse;
2. The Defendant is enjoined from entering the
Plaintiff's place of employment;
3. The Defendant is excluded, pending further
order of Court, from the residence of the Plaintiff at 318
Indian Creek Drive, Mechanicsburg {Hampden Township}, Cumberland
county, Pennsylvania;
4. The Defendant is enjoined from possessing any
gun.
5. The Hampden Township Police Department shall
be provided with a copy of this Order by Plaintiff's attorney
and may enforce this Order by arrest for indirect criminal
contempt without warrant upon probable cause that this Order has
been violated, whether or not the violation is committed in the
presence of the pOlice officer. In the event that an arrest is
made under this Order, the Defendant shall be brought before the
Court. When this Court is unavailable, the Defendant shall be
taken before the appropriate District Justice (23 Pa C.S.
Section 6113).
6. The Defendant shall be provided with a copy
of this Order by Plaintiff's attorney by ordinary and certified
mail or by personal service.
7. This Order shall remain in effect for a
period of one year; provided, however, that because the
Defendant did not appear at the hearing due to his receipt of
inpatient treatment, in the event that either party wishes a de
novo hearing in this matter, one will be provided by the Court
upon request.
By the Court,
J.
Murrel R. Walters, III, Esquire
Counsel for the Petitioner
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SHERIFF'S RE'IURN
C'CM1Cl'Mt:ALnl OF PENNS'iLVANIlI:
COONTY OF ctMBERLAND
Mary S. Fos ter
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-6541 Civil Term
Order for Hearing Under Protection
from Abuse Act Notice and Petition
For Protective Order
, XblJ:idijXIIlX Deputy Sheriff of
vs
Robert C. Foster
Timothy Reitz,
ClInberland County, Pennsylvania, who being duly sworn according to law, says,
Order for Hearing Under Protection from Abuse
that he served the within l\,.t Nnti"" Rnn P"tition for Protective Order,
Upon Robert C t"noot-Ar
, The defendant at
9.50
o'clock
^
.M. EST / liWlt on the
21st
day of November
, 19~4at
10 W. Main Street. Mechanicsburq.
,Cumberland County,
Pennsylvania, by handing to
Robert C. Foster
a true and attested copy of the Order Notice and Petition
and at the sane tjrne directing
his attention to the contents thereof and
the "Notice to Plea::l" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
14.00
5.60
So answers:
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2.00
21.60 Pd. by Atty.
11-22-94
R. Thomas Kline, Sheriff
by
cT 4//tf
Deputy Sheriff
Sworn and subscribed to before me
this .:/3
day of 'TI.u-r",,~,I,,_
-
19 q 'f A. D.
~'U.- O. 'h.,'II..,
Prothonotary
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MARY S. FOSTER,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
94-6541
CIVIL TERM
ROBERT C. FOSTER,
Respondent
PROTECTION FROM ABUSE
ORDER
AND NOW, this 2. i tt. day of December, 1994, upon consideration
of the petition of Mary S. Foster, the prior Order of Court dated
November 23, 1994 is hereby vacated.
BY THE COURT,
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Wesley o~r., J.
I '
116. 1:'. ss G P J'U
,
MARY S. FOSTER,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
94-6541
CIVIL TERM
ROBERT C. FOSTER,
Respondent
:
PROTECTION FROM ABUSE
PBTITION TO DISCONTlNUB PROTBCTIVB ORDBR
The petitioner, Mary S. Foster, by her attorney, Murrel R.
Walters, III, Esquire, respectfully represents:
1. Petitioner filed a Petition for Protective Order against
her husband, Robert C. Foster.
2. A hearing was held on November 23, 1994 after which an
order was entered against respondent.
3. The basis for the order was the erratic behavior of
respondent when he was under the influence of alcohol, which was a
common situation when the petition was filed.
4. Respondent has just completed a three week in-patient
treatment program at White Deer Run, having been released on
December 11, 1994. He was released when he successfully completed
that program.
5. Respondent is actively involved with Mazzitti, Sullivan
and Russell Counseling services relative to his alcohol abuse
problem.
Respondent is also regularly attending Alcoholics
Anonymous meetings.
6. Petitioner believes that. if respondent continues to
refrain from the use of alcohol and successfully works with the
counseling service and Alcoholics Anonymous, that he will pose no