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HomeMy WebLinkAbout02-4889subj~-t mal~r, ~ m ORDERP3'~, ADJbiDC~.r~ :md DEC~¥:'~:~] as f~Ilows: Page 1 of 4 [] Page 2 0£4 I1 12. [ ] 13. BRADY INDICATOR [] 1. ~ p~:,~,~ o~ pnX~m:d pc.v~on(s) b a spous,', fo,'m~,' spo~¢, a l:~m who [] notice mad ba an oppo~m~ to b~ he~,-d. [] [3 [3 4. Rzspor'dem: repr~e,,,~ a cmdble flmmx to the physical- sa.C-ety cf th~ Petiticmr or othzr pr~z:ctmt person(s). ~g to use physical :8xc~ ~a~*,~ th~ Pe:~,~mm' or pmmcm~ person t+,:~ would [4~14. Ti::HS ORDER SUPERSEDESt[~ ANY PRIOR. PFA ORDER 0~~- P~AT2~C T~ CLOT _~DY. Page 3 of 4 c ~vo.'ac~ To'~e,.~O~a)~rr ' , · ~-,~-~ l'.u-t~ Ut" ~p'~ - · ' ..... ---. ~.~O.~ .' · , ~-- ......... , ......... P Sl,OOO ~/0 ...... - ~- ~ ~.~ ~i~': ~ ......... .... TO ~ ....... · .. ~ON.~ ~. - - ' '. · - . . . -. ~-~ C~S, CODE~ ' ~ O~ ~ ~O~ ~ A~.~. ~ (~0' ST*~~ 4; --~-- ' ' ' ~ ~S, .U.S. l'~O~_~ ~ ~CO~-- --- - ~. OF COL~ ~:~o~ A~Wo~A~. ~ o~.c. ~ ~. ~ You ~ ~ ~ ~, You ~x ~s s~ Tn ~ 2, ~-~ ,s OF ~.o~./ ~*, ~l~zaUL AL-12 18 USC 9 NO~CE TO MW ~ORC~ 0~ ~P~ 1 ~ 7 of~ O~y ~ ~h~ ~ ~ 0~. ~ ~ ~r~o~ ~~ ~~P~ ~P~ic~. ~ P~C.S. ~ 6113. sh~l ~,,r~ p~ ~ ~ ~ ~ O~~ o~ C~. BY TI-IE COt, IR.T: Da~ Pa~e 4 of 4 R~sp~d~,,,, s Si~alu~'- ~ Anne Johnine Calafaty, Plaintiff VS. Victor Brian Calafaty, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4889 CIVIL TERM : : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the heating scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the ~ ~ day of ~02, at /;?d ~.m.,in Courtroom No. $ on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months inj ail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto R/co. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. 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. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Anne Job_nine Calafaty, Plaintiff VS. Victor Brian Calafaty, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4889 CIVIL TERM PROTECTION FROM ABUSE ORDER OF COURT And now this~{/~ day of~.,A ,~.,~ 2002, a hearing in the above captioned matter is set for November 8, 2002 at 1:30 p.m. in Courtroom #3 of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. David Lopez, Attorney for Plaintiff Victor Brian Calafaty Cumberland County Sheriff's Office By the Court: Anne Johnine Calafaty, Plaintiff VS. Victor Brian Calafaty, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4889 CIVIL TERM : : PROTECTION FROM ABUSE PETITION TO MODIFY AND EXTEND FINAL PROTECTION FROM ABUSE ORDER Plaintiff, Anne Johnine Calafaty, by and through her attorney, David A. Lopez of MidPenn Legal Services represents the following: 1. A Final Order of Court in the above-captioned action was entered on May 14, 2001, in Philadephia County (Docket Number 8192 - April 2001). Incorporated as Exhibit A. 2. On the following dates, Defendant Victor Brian Calafaty, violated the Protection from Abuse order by contacting the Plaintiff by phone and/or in person, April 21, 2001, May 5, 2001, May 19, 2001, June 10, 2001, July 1, 2001, July 29, 2001, September 21, 2001 and February 15, 2002. Plaintiffcontacted the Philadelphia Police Department and filed a complaint on each date. 3. Plaintiff moved from Philadelphia County, Pennsylvania to Cumberland County, Pennsylvania to escape the abuse in June 2002. Plaintiff states that when she drops the parties' minor children to Defendant's home in Philadelphia per their Custody Stipulation (Calafaty v. Calafaty, filed in Philadephia County on August 28, 2002, Docketed at 0C0100802, incorporated as Exhibit B) that Defendant continues to be harassing and threatening. Plaintiff further states that Defendant has been diagnosed as a paranoid schizophrenic but has not sought further treatment. According to Plaintiff, Defendant has told her that he is the "AntiChrist" and is responsible for Dale Earnhardt's death. Defendant has also told the parties' children that he has hired Jason Vorhees (the villain in the movie "Friday the 13th) to kill their mother. On October 27, 2002, Defendant told his children that he may not see them again because he may be going to jail for something that he is going to do in November. As a result of Defendant's multiple violations of the current Protection from Abuse order, his continued harassment during visitation and his bizarre beliefs, Plaintiff continues to fear for her personal safety. 4. Plaintiff desires that the Final Order of Court entered on May 14, 2001 be modified to vacate paragraph 5, which addresses custody. Custody issues will be addressed through the above-mentioned Custody Stipulation of August 28, 2002. Paragraph 5, which evicts Defendant from 6726 Jackson Street, Philadelphia, Pennsylvania and allows him to retrieve his belongings is vacated. Plaintiff further desires that the Final Order of Court be extended for an additional 18 months. 6. Plaintiff desires that all other provisions of the Final Order of Court entered on May 14, 2001 remain in full force and effect. WHEREFORE, Plaintiff requests that the Final Order of Court entered on May 14, 2001, be modified to reflect the above provisions, and that in all other respects, the Order remain in full force and effect. 8 Irvine Row Carlisle, PA 17013 VERIFICATION Dated: I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. ~nne Jo,h~ Caiafaty, Plai'ntif:f / Page 1 of 4 TI~ amom~ af'tl~ ']?empomxy Onter --, whk:;h nl:ufll be ' '[ ] 10. J~ e,o~ ~*lvi,, aetic~am P~ge 2 - 12. [ ] 13. BKADYINDICATOK [] Page 3 of 4 BY'THE CO .T: ~- I¥~ ol Dam P~g~ 4 of 4 DESSEN, MOSES & SHEINOFF BY: CAROL A. BENSON, ESQUIRE Identification No. 82679 1814 Chesmut Street Philadelphia, PA 19103 (215) 564-5600 ANNA JOI-ININE ELLIOTT CALAFATY Attorney for PLAINT~F COURT OF COMMON PLEAS FAMILY DIVISION VS. VICTOR BRIAN CALAFATY D.R. NO. 0C0100802 ORDER AND NOW, TO WIT, this ~? ~ day of ~t~/./~ j_~ ~J is hereby the annexed stipulation, executed by the parties on APPROVED and ENrrERED as mn ORDER of this Court. ,2001, DESSEN, MOSES & SHEINOFF BY: CAROL A. BENSON, ESQUIRE Identification No. 82679 1814 Chestnut Street Philadelphia, PA 19103 (215) 564-5600 ANNA JOHNINE ELLIOTT CALAFATY VS. VICTOR BRIAN CALAFATY Attorney for PLAINTIFF COURT OF COMMON PLEAS FAMII ,Y DIVISION D.R. NO. 0C0100802 STIPULATION FOR CUSTODY AND NOW, this ay of ,2001, the parties hereto hereby stipulate and agree as follows: 1) Plaintiff, Anna Johnine Elli,~tt Cal°daty, resides at 6726 Jackson Street, Philadelphia, PA. 2.) Defendant, Victor Brain Calafaty, resides at 1933 East Clarance Street, Philadelphia, PA. 3) Plaintiff is the Mother and Defendant is the Father of the following 4) 5) children: JANINE CALAFATY NICOLE CALAFATY SARA CALAFATY (DOB: 2/12/91); (DOB: 10/16/92); (DOB: 6/2/94). The parties shall have joint legal custody of the minor children. Mother shall have primary physical custody of the minor children. 6) 7) 8) 9) Father shall have partial custody of the minor children every Sunday from 12:00 p.m. to 6:00 p.m. Additionally, The children shall be pemfitted to visit with Father as the parties agree in good faith from time to time. The parties shall have unlimited phone contact with the children at reasonable hours. Each party shall immediately notify the other'in the case of an emergency. Mother shall provide all transportation. C~-r[OL A. BENSON, ESQUIRE Attorney for Plaintiff VICTOR CALAFATY '~{ '}lDA~? 01 DEFENDANT [~k./ gTE , ESQUTRE Attorney for Defendant Anne Johnine Calafaty, Plaintiff Victor Brian Calafaty, Defendant : IN THE COURT OF COMMON PLEAS OF ; : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4889 CIVIL TERM : : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Anne Johnine Calafaty, by and through her attorneys, David A. Lopez and Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Order for Hearing and Petition to Extend and Modify a Final Protection from Abuse Order entered on May 14, 2001 was issued by this Court .on October 30, 2002, scheduling a hearing for November 8, 2002 at 1:30 p.m. 2. The Cumberland County Sheriffs Department deputized the Philadelphia County Sheriff's Office to serve Defendant with the Order for Hearing and Petition for Modified and Extended Protection from Abuse Order. 3. Defendant has not been served. The Plaintiff requests that the hearing be rescheduled to allow for service of Defendant. 5. Plaintiff requests that the Final Order of Court dated May 14, 2001 remain in effect until further Order of Court. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Final Protection from Abuse Order dated May 14, 2001 remain in effect until further Order of Court. Respectfully Submitted, -- iff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Anne Johnine Calafaty, Plaintiff Victor Brian Calafaty, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4889 CIVIL TERM : : PROTECTION FROM ABUSE Olkl __ R FOR CONTINUANCE AND NOW, this ~ day' of November, 2002, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on November 8, 2002 at 1:30 p.m. by this Court's Order of October 30, 2002, matter is hereby rescheduled for hearing on December 6, 2002 at 2:30 p.m. in Courtroom No. 3 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. Pending further Order of Court, all provisions in the Final Protection From Abuse Order dated May 14, 2001 shall remain in full force and effect. By the C, ourt, David Lopez, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ~e ~. ~o,~, ~resi~nt Judge Victor Brian Calafaty, Pro Se Defendant Philadelphia County Sheriff's Office Anne Johnine Calafaty, Plaintiff Victor Brian Calafaty, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4889 CIVIL TERM PROTECTION FROM ABUSE OR R FOR CONTINUANCE AND NOW, th'~ day of December, 2002, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on December 6, 2002 at 1:30 p.m. by this Court's Order of November 6, 2002, is hereby rescheduled for hearing on December 27, 2002 at 9:30 a.m. in Courtroom No. 3 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. Pending further Order of Court, all provisions in the Final Protection From Abuse Order dated May 14, 2001 shall remain in full force and effect. For service purposes, the Defendant's work address, Korman Suites, 2001 Hamilton Street, Philadelphia, Pennsylvania is hereby incorporated into the record. By the Court, /Philip C. Briganti, Attorney for Plaintiff_ MidPenn Legal Services Victor Brian Calafaty, Pro Se Defendant Philadelphia County Sheriff's Office (,g"l') V]NVA"L,L'::JNN~d 330 ~O Si ~.L ~0 Anne Johnine Calafaty, Plaintiff Victor Brian Calafaty, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4889 CB/IL TERM : : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Anne Johnine Calafaty, by and through her attorney, Philip C. Briganti of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Order for Hearing and Petition to Extend and Modify a Final Protection from Abuse Order entered on May 14, 2001 was issued by this Court on October 30, 2002, scheduling a hearing for November 8, 2002 at 1:30 p.m. On November 6, 2002, subsequent Order of Court rescheduled the hearing for December 6, 2002 at 2:30 p.m. 2. The Cumberland County Sheriffs Department deputized the Philadelphia County Sheriff's Office to serve Defendant with the Order for Hearing and Petition for Modified and Extended Protection from Abuse Order. 3. Defendant has not been served. The Philadelphia County Sheriff's Office has not been able to find the Defendant at home and is unable to attempt hi[s work address because it is not incorporated in the Court Order. 4. The Plaintiff requests that the hearing be rescheduled to allow for service of Defendant. 5. Plaintiff requests that the Final Order of Court dated May 14, 2001 remain in effect until further Order of Court. WHEREFORE, Plaintiffrequests that the Court grant this Motion and reschedule this matter for hearing, and that the Final Protection from Abuse Order dated May 14, 2001 remain in effect until further Order of Court. Respectfully Submitted, Philip C. BJS~anti, Attorr/~y for Plaintiff MidPeun Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Anne Johnine Calafaty, Plaintiff Victor Brian Calafaty, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-4889 CIVIL TERM · PROTECTION FROM ABUSE MOTION FOR GENERAL CONTINUANCE Plaintiff, Anne Calafaty, by and through her attorneys, Philip Briganti and Joan Carey of MidPenn Legal Services, moves the Court for an Order continuing generally the heating in the above-captioned case on the grounds that: 1. An Order for Heating and Petition to Extend and Modify a Final Protection from Abuse Order entered on May 14, 2001 was issued by this Court on October 30, 2002, scheduling a hearing for November 8, 2002 at 1:30 p.m. Subsequent Orders of Court rescheduled the hearing for November 8, 2002 and December 27, 2002. 2. The Cumberland County Sheriffs Department deputized the Philadelphia County Sheriff's Office to serve Defendant with a certified copy of the Order for Hearing and Petition to Extend and Modify a Final Protection from Abuse Order as well as the subsequent Orders rescheduling the hearing. The Philadelphia County Sheriff's Office contacted Defendant by telephone but Defendant failed to present himself for service. 4. The Plaintiff desires that the hearing be continued generally. 5. Plaintiff requests that the Final Protection from Abuse Order dated May 13, 2001 remain in effect through May 13, 2004, or until further Order of Court, whichever comes first· WHEREFORE, Plaintiff requests that the Court grant this Motion and continue this matter generally and that the Final Protection from Abuse Order dated May 14, 2001 remain in effect May 13, 2004, or until further Order of Court, whichever comes first. Respectfully Submitted, · ilip ~l~ganti, t~ttorney for Plaintiff Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle:, PA 17013 (717) 243-9400 Anne Johnine Calafaty, Plaintiff Victor Brian Calafaty, Defendant : IN THE couR'r OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4889 CIVIL TERM : : PROTECTION FROM ABUSE ORD L.¥1__ CONTINUANCE AND NOW, this~__[_day of December, 2002, upon consideration of the attached Motion for Continuance, the matter scheduled for heating on December 27, 2002 at 9:30 a.m. by this Court's Order of December 14, 2002, is hereby continued generally. This Order is entered without prejudice to either party to request a hearing. The Final Protection from Abuse Order dated May 14, 2001 shall remain in full force and effect through May 13, 2004, or until further Order of Court, whichever comes first. Philip Briganti, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Victor Brian Calafaty, Pro Se Defendant Cumberland County Sheriff's Department By the Court, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-04889 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALAFATY ANNA VS CALAFATY VICTOR B R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named RESPONDANT , to wit: CALAFATY VICTOR B but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within ORDER OF COURT On December attached return from PHILADELPHIA Sheriff's Costs: So Out of County 9.00 Surcharge 10.00 ~__~.. Th.~as~Kl_ine .00 '~Sher/f of Cumberland County z2/2 /2oo2 LEGAL SERVICES 26th , 2002 , this office was in receipt of the Sworn and subscribed to before me this 27 ~ day of ~~ A.D. Prothonotary ' ' In The Court of Common Pleas ~. L . amberland County, Pennsylvania Anne Johnine Calafaty VS. Victor Brian Calafaty SERVE: sine NO. 02 4889 civil Now, November 1, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ. thi~ deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now~ within ,20 , at o'clock M. served the upon at by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this., day of ., 20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT