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HomeMy WebLinkAbout00-00344 " '"""- - ,.,~ .<<- --- , , liT Amy M. Hartman, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00- 344 CIVIL TERM Peter Michael Pollack, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, thif.-~y of January 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on January 24, 2000, by this Court's Order of January 19,2000, is hereby rescheduled for hearing on February 16, 2000, at 8:45 a.m. in Courtroom No.2 . The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. A certified copy of this Order for Continuance shall be provided to t!1 /0.' Allen and Mechanicsburg Police Departments by the plaintiff's attorney. //. , Judge Joan Carey Legal Services, Inc. Attorney for Plaintiff Peter Michael Pollack Pro Se Defendant go; r RLED~:XFiCE n,c TL'C ;:')I'In"n!\!(jTI'RY ...( "i.." "-"',..1...,.1,\ "!1 "'! 2" IX,; ", 50 ULJ ...;~-l[';; ,...., I r I ...,. ". .., CU' """'1'" I" ",r", '1-'( iViuCNw"Il\J LUUi~ PENNSYL\lftJl!IA "I , II II If'i' - ~ ,. - " ~1l!"I"1'[~~rr~!.'\"L ,_" _" ~. >. V'll '- '.iil;j - ""'r."",' _~-"'o;'. - ,-p ,~, .~" -- -"--,,- '-.'--=,-, Amy M. Hartman, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00- 344 CIVIL TERM Peter Michael Pollack, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, Amy Hartman, by the through her attorney Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on January 19,2000, scheduling a hearing for January 24, 2000, at I :30 p.m. 2. The Cumberland County Sheriff's Department sent the Temporary Protection Order and Petition to the Allegheny County Sheriff's Department and deputized them to serve the defendant. The Allegheny County Sheriff's Department has not been able to effect service of the defendant. 3. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 4. A certified copy of the Order for Continuance will be delivered to the Lower Allen and Mechanicsburg Police Departments by the attorney for the plaintiff. I 1<, . ,', "= - ""C ~'i'.i' '~' . -, .~,<, ,~ WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect until further Order of Court. Carey, Attorney for intiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~." .~~ ~, ,'--- :-t"r, ~ A.: ~'l ~: l.'-L ~", ~~ ~, ~ LcJ "" ,. "--~iljiS:J "'-. i"~!!cil!i!lT _.4..,~..... ~ ., , , .- o t;; <" -0[6 rnrn ~r~~ ~:;~;:- ~C> ~Q ~::::::(..J :PC Z ~ CJ co (.- o 'n ::::; ~.;:;'129 , '1.-'-. ':':":1. ~_/ .___,.-n '1i5~ ':~~ ..,..". <"-) :'< f" .;:"" :t:;;-'" -"~ ;-:> <.11 ,';--,",,' -;j~,,< - -", Amy M. Hartman, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-344 CIVIL TERM Peter Michael Pollack, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE ,- AND NOW, this -.12 day of February, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on February 16, 2000, by this Court's Order of January 24,2000, is hereby rescheduled for hearing on March 20, 2000 , at 11 :00 a.m. in Courtroom No.2. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Certified copies of this Order for Continuance will be provided to the Lower Allen Police Department and the Mechanicsburg Police Department by the plaintiffs attorney. By the court,.l}Jl ,.. " /' I ) ~ J-J5-fJO Rl(9 I Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff Charles Lopresti Attorney for Defendant t' 'I, , I I I ~; .-- "---,,. < , -'n F'-r' I" i'l ";-'_" ..... '-.-. ,~ '__01,'- ..J "i-' r'-:."'\\l:_)I)\RY PH ~: ! 7 ~~-,j :__:~:o~ir'JT\! PL~f\Jt\SYL\'!\\l!/\ J )11_. ~ _!Jl!~~, .... " ,- Jf!:!lll!ll!! ~--, . .. /'j ~-- " Amy M. Hartman, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00- 344 CIVIL TERM Peter Michael Pollack, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Amy Hartman, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on January 19, 1999, scheduling a hearing for January 4, 2000. 2. The Cumberland County Sheriffs Department deputized the Dauphin County Sheriff who served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at the Dauphin County Courthouse on February 10, 2000. 3. The parties agree, by and through their respective counsel, that the hearing be rescheduled to afford them time to execute a consent agreement. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. . ",-~ .~',I' -I, 5. Certified copies of the Order for Continuance will be delivered to the Lower Allen Police Department and the Mechanicsburg Police Department by the attorney for the Plaintiff. WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, ~,~ntiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 " ","0 , ""'-w... .'.-,",,' ...~ C'} >- ("".i 1::: :5 ~S .~) '-' '- ~'.-.... " ~.J n ," '::J (:) ~'<' r:;:: Z ! LU , I:~ 1':'1_ 1--- lc_ >.. (-:;1 "'j C) U "~ Amy M. Hartman, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA Ys. : NO. 00- ..3 'I <J CIVIL TERM Peter Michael Pollack, Defendant : 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 hearing 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 for the ..J.iday of January 2000, at 1'30 -#-.m., in Courtroom No. a ofthe Cumberland County Courthouse, 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 ofthis Order may subject you to a charge of indirect criminal contempt which is punishable by a fme of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. ~61l4. 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 Rico. If you travel outside ofthe 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 HELD. 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. . . 'l ~ CUMl3EFiLAND COUNTY PENNSYLVANIA . ~~; C, '<0,' '-< . J-~ h:; F!\ I=D-O:C\CE , "', H:'-'~;;~~h"!j, :;"i. t. .... ,~F I "'c, 1-'" ., ,'. ,.~,'lI'''RY l() . , l 1. _, ,.' :- , , j -"..~, . "" t\l I I '" 00 JAN 19 AM 1\: 38 _~,IIllInJ["lI,~ - !i7lf_~~!WIi'll,.,.--._~ Amy M. Hartman, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYL VANIA vs. Peter Michael. Pollack, Defendant : NO. 00 - .3 '1'1 CIVIL TERM : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Peter Michael Pollack Defendant's Date of Birth: September 26,1966 Defendant's Social Security Number: Unknown to Plaintiff M.H Names of the Protected Person: Amy M. Hartman AND NOW, this I q --tIu day of January 2000, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 181 1. Defendant shall not abuse, harass, stalk or threaten any of the above person in any place where she might be found. D 2. Defendant is evicted and excluded from the residence at * or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. 181 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiff's residence or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration ohhis Order: the plaintiff's residence located at 313 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania, and her place of employment located at Alliance Funding, 4900 Ritter Road, Mechanicsburg, Pennsylvania. 181 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. D 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms ohhis Order. ~ 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: A straight blade knife, approximable 5-6" long, with a black handle that was used in the December 11, 1999, incident of abuse. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional reliefis granted: The Cumberland County Sheriffs Department shall attempt to make service at plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court fmds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ~ 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: The Mechanicsburg Police Department and the Lower Allen Township Police. o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PF A ORDER AND PRIOR ORDER RELATING TO CHILD CUSTODY o ANY ~ 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fme of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. ~6114. Consent ofthe Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~ 2261-2262. Anv protection order l!J"anted bv a court mav be considered in anv subsequent proceedinl!s. includinl! child custodv proceedinl!s. under title 23 (Domestic Relations) of the Pennsvlvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 7 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office ofthe county which issued this Order, which office shall maintain possession of ap s until further Order of this Court, unless the weaponls are evidence 11 crime,' which case, the shall remain with the law enforcement agency whose offi er made t arrest. Judge cj Amy M. Hartman, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00- ~ '-I '-J CIVIL TERM Peter Michael Pollack, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE I. Plaintiff's name is Amy Hartman. 2. The name of the person who seeks protection from abuse is Amy Hartman. 3. Plaintiff's address is 313 West Green Street, Mechanicsburg, Pennsylvania. 4. Defendant is believed to live at 321 Cleveland Avenue, Avalon, Pennsylvania 15202. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is September 26,1966. Defendant's place of employment is unknown to Plaintiff. 5. Defendant is Plaintiffs former intimate partner. 6. Defendant has been involved in the following criminal court action: Defendant was arrested on December 15, 1999, and charged with simple assault, terroristic threats, unlawful restraint, and reckless endangerment. 7. The facts of the most recent incident of abuse are as follows: On or about January 10, 2000, Defendant called Plaintiff at her place of employment and threatened that she better drop the charges which intimidated her and exacerbated her The police advised Plaintiff to file harassment charges saying that a warrant would be issued for his arrest for violating his bail by intimidating a witness. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a. On or about December 11, 1999, Defendant pulled out a knife, held it to the side of Plaintiff's face, causing her to cut her palm and finger when she raised her hands to protect herself. Defendant forcefully pushed Plaintiff onto the bed, got on top of her, restrained her with his legs, held the knife to her throat resulting in a cut on her ear and causing her to fear for her life. Defendant threatened Plaintiff stating that he had to do this, and that she was going to leave there with emotional and physical injuries. Defendant grabbed a sock and threatened to stuff it into Plaintiff's mouth when she began to scream. Defendant refused to allow Plaintiff to leave the room and when she attempted to do so, he grabbed the knife again, approached her throwing the knife back and forth between his hands and when she again attempted to leave, he pushed her back into the room. When Defendant finally let go, Plaintiff fled to the front office of the hotel for help, and Defendant drove away. When police arrived they issued a warrant for his arrest. Charges for simple assault, terroristic threats, reckless endangennent, and unlawful restraint were filed against Defendant and a hearing is scheduled for February 10, 2000. 9. Defendant has used or threatened to use the following weapons against Plaintiff: A straight bladed knife with a black handle that was used in the December 11, 2000 incident of abuse. , 10. The following police department or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: The Mechanicsburg Police Department and the Lower Allen Police Department. 11. There is an immediate and present danger of further abuse from the Defendant. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Order Defendant to stay away from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiffs residence or place of employment. D. Prohibit Defendant from having any contact with Plaintiff's relatives. E. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of$25.00. F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost oflitigation in this case. G. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. b. Defendant is ordered to refrain from harassing Plaintiff's relatives. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will infolTIl the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, , I {/Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 g -,-_., -""""'. '._,',".-,.. "',i . . VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Dated: 1- / R ~O() aw,j/J? H:uh/&fL Amy M. H an, Plaintiff -<' -...- "" ~-'-~ "" . t., a 0 c: 0 s:: , ~n "T:1V' :?;; 111M -- Z'" ~2: i't,.;:,.'] :z:X r- - 'r- C/.J'. -:--J'TJ ;:$" U) ~;~o (;, ,"-\:) ... .' ~ "'" ..~ 2'0 ::1: ~:r;:~~ -0 ,)~ >c -- Z 2:: h C) . :-< -I N 3t -< (,.) '"< ,~ ~-" ~_ i' . >-.-j " 'I I ! c CD " Amy M. Hartman, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00- 344 CIVIL TERM Peter Michael Pollack, Defendant : PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: Peter Michael Pollack Defendant's Date of Birth: September 26,1966 Defendant's Social Security Number: Unknown to Plaintiff Names of Protected Person: Amy M. Hartman ~eucA AND NOW, this tIP -/It day of nary 2000, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: The Plaintiff, Amy Hartman, is represented by Joan Carey of Legal Services, Inc.; the Defendant, Peter Michael Pollack, is represented by Charles Lopresti, Attorney at Law. The Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. ~ Plaintiffs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant o Plaintiff's request for a Final Protection Order is denied ~ 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ". >' " _' - ".r. ~'.' "',. -.:~ I~ 'I I: :l , I , i , o o o 2. Defendant is completely evicted and excluded from the residence at or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises, o On_ at _.m., Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ~ 3. Defendantis prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration ofthis Order: Plaintiff's residence located at 313 West Green Street, Mechanicsburg, Pennsylvania and place of employment located at Alliance Funding, 4900 Ritter Road, Mechanicsburg, Pennsylvania. ~ 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. o 5. Custody of the minor children, [names of the children subjectto the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any]( or see attached Custody Order) _ o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. [g) 8. The following additional relief is granted as authorized by ~61 08 of this Act: This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court fmds that Defendant has committed an act of abuse or has engaged in a pattern or ~ _~__' ,,_,,', " -<_oj:... ~_ " 'f~, , o o '. practice that indicates risk of harm to Plaintiff. The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. The Defendant is to refrain from harassing Plaintiff's relatives. All costs and fees are waived. o 9. Defendant is directed to pay temporary support for (insert the names of the persons for whom support is to be paid) _ as follows: (insert amount, frequency and other terms and conditions of the support order) . This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. o 11. Defendant shall pay $_ to Plaintiff as compensation for Plaintiffs out-of-pocket losses, which are as follows: OR o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to (insert the name of the judge or court to which the petition should be presented) requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR o 1. The Plaintiff or protected person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. o 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. . ,---_-,."h~_J.--.---- ._"., o o , '. ~ 3. Paragraph I of this Order has been checked to restrain Defendant from ~assing, stalking, or threatening Plaintiff or protected person/so o 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR o The tenns of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury, 129 13. THIS ORDER SUPERCEDES: 129 ANY PRIOR PFA ORDER and o ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 129 14. All provisions ofthis Order shaH expire one year from the date this Order is entered. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C,S, 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. 99 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. 9922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for - ,., ~~' L:;", , 0-:~ violation of Paragraphs I through 8 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing.) BY THE COURT, , tnlJ CfftMJu,l)A r~ PSP ~~ 3 .n _00 ~\Z~ ! This Order is entered pursuant to the consent of Plaintiff and Defendant: oan Carey, Attorney, r Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 ( Charles Lopresti, Attorney for Defendant Lopresti, Melograne, Stewart & Zinski 321 Regis Avenue Pittsburg, PA 15236 "" ','00 ,., .-., ,-.,~ ". ,-~ ~ .- ,"",; -~ . .a___-,':_',_~_".. ~"- , -~ IIIiI ~'1t)(~Cf ' 00 1f41? ". i/:lOVOt<l9v c 16 P/1 . , VI/1S(-",r, I.. 08 IS'-'I~t'l'l tvJl{sizt CO(M ~ . :;q/U-,/ 'V'r '" ~ .--'- ~ , lit II IIl-J",_,_,---J,,'t",-_-,__ ...-~. , .II ,~_. .' ~.~~ " "~ . 1 I I /': SHERIFF'S RETURN - OUT OF COUNTY , CASE NO: 2000-00344 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARTMAN AMY M VS POLLACK PETER MICHAEL 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 DEFENDANT , to wit: POLLACK PETER MICHAEL but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within PROTECTION FROM ABUSE 6th , 2000 , this office was in receipt of the On March attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge Dep. Allegheny Co 18.00 9.00 10.00 150.00 .00 187.00 03/06/2000 ,O~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 21M- day of~ 2tnyO A.D. C)u['-,- 0, Yvup;,,, t4 prothonotc{r ._~-, "~- ~ SHERIFF'S RETURN - OUT OF COUNTY _m._, ! CASE NO: 2000-00344 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARTMAN AMY M VS POLLACK PETER MICHAEL 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 DEFENDANT , to wit: POLLACK PETER MICHAEL but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within PROTECTION FROM ABUSE 6th , 2000 , this office was in receipt of the On March attached return from DAUPHIN No Weapons Confiscated Sheriff's Costs: Docketing Out of County Surcharge Dep. Dauphin Co So 6.00 9.00 10.00 25.50 .00 50.50 03/06/2000 R. llomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this .l/~ day o~ J-.u-v-v A.D. n. /I~ Q_~,~ "-1"'-<1 Prothonotary . ... ~"-.~ " "'~-.~< '. @llitt of tlr~ ~4~riff William T. Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Danphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff . Commonwealth of Pennsylvania HARTMAN AMY M vs County of Dauphin POLLACK PETER MICHAEL Sheriff's Return No. 0277-T - -2000 OTHER COUNTY NO. 00-344 AND NOW: February 10, 2000 at 9:15AM served the within ORDER FOR CONTINUANCE upon POLLACK PETER MICHAEL by personally handing to DEFT 1 true attested copy (ies) of the original ORDER FOR CONTINUANCE and making known to him/her the contents thereof at 2/10/00 AT 9:00AM (FORMAL ARRAIGNMENT) DAUPHIN COUNTY COURTHOUSE HBG, PA 17101-0000 Sworn and SUbscribed to So Answers, JR~ before me this 16TH day of FEBRUARY, 2000 (\ i \ ~. (fJON4f,a) Sheriff of Dauphin County, Pa. PROTHONOTARY By ...1 ......'\:2 P"4 - ~I'-- , Deputy Sheriff Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO GD ~i.. ,.- ....- In The Court of Common Pleas of Cumberland County, Pennsylvania Amy M. Hartman VS. Peter Michael Pollack No. 2000-344 Civil Now 2/8/00 , , 20 00, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this Weapons Confiscation deputation being made at the request and risk of the Plaintiff. -~~ et ?:,,"-*,J_~ ~( Sheriff of Cumb 'land County, P A Affidavit of Service Now, , 20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20:...- COSTS SERVICE MILEAGE AFFIDAVIT $ $ .- - , . "- "-- - ~ , " '''It> In The Court of Common Pleas of Cumberland County, Pennsylvauia Amy M. Hartman VS. Peter Michael Po1l~ck No. 2000-344 Civil (Continuance) Now, 1/25/00 , 20 00, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriffof Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~ i I ! Sheriff of Cumberland County, P A [; ji Ij , " ! Affidavit of Service : Now, ,20_, at o'clock M. served the within i i' r I, r i" upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis~dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ 1_ _' _. ~~J I .- -~" I~ -1IJr-"""''''''',,",''''''\:t' I i , , r In The Court of Common Pleas of Cumberland County, Pennsylvania Amy Hartman VS. Peter Michael Pollack No. 2000-344 Civil Now, 1/19/2000 , 20 -12t2, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Weapons Confiscation: specifically 1 ~~~~( stright blade knife. approx 5-6" lnng .,' - . SheriffofCumb rland County, PA Affidavit of Service (: r Now, ,20_, at o'clock M. served the within by handing to i i: i I , i I ti [, n I' I: upon at copy of the original a and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ ~~ I _ . ~ l'" I 'j,; ALILEGHENY COUNTY SHERIFF'S DEPARTMENT 436 GRANT STREET PllTSBURGH, PA 15219-2496 PHONE (412) 350-4700 FAX (412) 350-6388 q) DENNIS SKOSNIK Chief Deputy CASE#: ;;2tDo-3~Y EXPIRES: o SUMMONs/PRAECIPE o SEIZURE OR POSSESSION o NOTICE AND COMPLAINT o REVIVAL OR SCI FA o INTERROGATORIES o EXECUT<,~ OR GARNISHEE ';Q: OTHER DE DEFT.: DEFT.: GAR SHEE: ADDRSS: ~g&~j~o~S MUNICIPALITY OR CITY WARD: DATE: 19 ATTY'S PHONE: ATTY: ADDRESS: CJJ{'.(\CC€.lli \P\N() ~1 J INDICATE TYPE OF SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAIL 0 POSTED 0 OTHER 0 LEVY 0 SEIZED & STORED NOW: 19 I, SHERIFF OF AllEGHENY COUNTY, PA do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying ufon or attaching any property under Within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person 0 levy or attachment, with out liability on the part of such deputy herein for any loss, destruction or removal of any such property before sheriff's sale therof. MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER SHERIFF'S OFFICE USE ONLY I hearby CERTIFY and RETURN that on the ~day of 1f"eQ.J.J~ ,~~,qt :>J " ~ o'clock, A.M. .M. Address Above/ Address B w, County of Allegheny, Pennsylvania 3r\--aJ I have served in the manner Described below: o Defendant(s) personally served. o Adult family member with whom said Defendant(s) reside(s). Name & Relationshi o Adult in charge of Defendant's residence who refused to give name or relationship o Manager/other person authorized to accept deliveries of United States Mail o Agent or person in charge of Defendant(s) ollice or usual place of business. Sheila R. O'Brien, Notary Public Pittsburgh, Allegheny County M Commission Ex ires Jun 19 20 Membet Pennsylvania Association of Notaries o Other o Property Posted Defendant not found because: 0 Moved IJ Certified Mail IJ Receipt IJ Regular Mail Why IJ Unknown IJ No Answer IJ Envelope Returned IJ Vacan1 Other IJ Neither receipt or envelope retuned: writ expired You are hereby notified that on , 19 , levy was made in the case of Possession/Sale has been set for , 19 at o'clock YOU MUST CALL DEPUTY ON THE MORNING OF SALEIPOSSESSION BETWEEN 8.30 . 9:30 A.M. ATTEMf>TS / / / / / Additlonal Costs Due $ , This is PByE:TER ~.P.,~EF, 0, ri':-- 17 II. , placed on writ when returned to Prothonotary. Please check ~/~~ before satisfying case. (DEPUTY) White Copy. Sheriff Pink Copy. Attorney DISTRICT: .... .~- '., ,c,...' "l.- .Ir Sheriff PLAINTIFF: ~\~0, t\~\(t~M(\N r ('~J.." " ' , ,VS, DE \-\~:::\t,(L \\J\ \0J\~ y~l. (6l,L~_ PE ALIl.EGHENY COUNTY SHERIFF'S,DEPARTMENT 436 GRANT STREET PITTSBURGH, PA 15219-2496 ~HONE (412) 350-4700 'FAX (412) 350-6388 ~~) , DEFT.: DEFT,: GAR SHEE: t:::: ADDR S: -f(CK\~ ~~<e~\ ~~()t\j MUNICIPALITY OR CITY WARD: DATE: 19 ATTY'S PHONE: CASE#: EXPIRES: o SUMMONS/PRAE;CIPE o SEIZURE OR POSSESSION o NOTICE AND COMPLAINT o REVIVAL OR SCI FA o INTERROGATORIES o EXECUTI~ '" LEVY OR GARNISHEE It OTHER \- ~'p,- DENNIS SKOSNIK Chief Deputy ;;;;2t::oo --51.{ '-I ATTY: ADDRESS: c~J'fx'\e:~\U ~"NtJ l\l) " - . ",--;."_.:-: - .-" '" ',f o P HSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAIL 0 POSTED 0 OTHER 0 LEVY 0 SEIZED & STORED {, NOW: I, SHERIFF OF ALLEGHENY COUNTY, PA do hereby deputize the Sheriff of :'., County to execute this Writ and make return thereof according to law NOTE: ONLY APPLICABLE ON WRIT OF ExEib,UTION: N.B. WAIVER OF WATCHMAN' Any deputy sheriff levying upon OJ attaching any properly under within writ may leave same without a watchman, in custody ,of whomever is fou~d in posses,sion, after notifying person of levy or attachment, with out liability on the part of such deputy herein for any loss, destruction or removal of any such property before sh~riff's sale therof. 19 MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER ." SHI;RIFF'S OFFICI; US,E ONLY I hearby CERTIFY and RETURN that on the :.::2,O("r\\ day of (CeJ">- \),,\., Cc \.J..1:. ;1"9 :,)...,: cqt ,:" \ 'S<::> o'clock, A.M,{~\AddreSs Above/ Address BMow. County of Allegheny, Penns'y~vilni~ ' /" I have served in the manner Described below: .----h ~~,:::, '~,r <~,~." ,~'" ' ">- ",' " ", o Defendant(s) personally served. V)1l\tbl&.~;t.,~" :' o Adult family member with Vihom said~~fepdant(s)resid~(s~ Nam1~jHelB;tionship ,.' t ,"..,..,",..~'~1i;;: o Adult in charge ill De\eridanl's resldei1)Jll who refused to give namll"orrelationshlp: "t~'>;,;tr o Manager/other person authorized to accept deliveries of United States Mail 'j~" ' , : " '. o Agent or person in charge of Defendant(s) office or usual place of business. "iiif~)@! '';5 " o Other o Property Posted Defendant not found because: 0 Moved o Certified Mail 0 Receipt o RegUlar Mail Why o Unknown 0 No Answer o Envelope Returned "'"'L' \'"", I)- q( ,.,.'," \ l-')\-~ - ..'l-'~\'c.\,C --', ~ ., " l.-C::S '.::>s,,- c 2J ~~ " \ p, \'t...(I...6 o Vacant ).l.Other ~<}:) Sf: C\J " 0' ''(., 1\...\ p, \'\ ;:. o Neither receipt or envelope retuned: writ expired You are hereby notified thet on ' , 1 g . levy was made In the case Of Possession/Sale has been sellor '," " ' ,', , , ',,' '.. ,19, ," at o'clock YOU MUST CALL DEPUTY ON THE MORNING OE SALEI!'OS~ESSION BETWEEN 8:30 ,9:30 A.M. ATTEMPTS I I I I I AddilionalCosts Due $ . This is PETER '} DE,~~' ,~)t9r!,!"), If placed on writ when returned to Prothonotary. Please check BY' ",7"jY A0~\""-AJ,ltA before satisfying case. ' , - " ,.. /f (DEPUTY) White Copy. Sheriff Pink Copy . Attorney DISTRICT: ... - .~ ~_. . 4, I .' JA~..2 4 laao ) Vi Amy M. Hartman, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 00- 344 CIVIL TERM Peter Michael Pollack, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTmDANCE AND NOW, this ~ay ofJanuary 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on January 24, 2000, by this Court's Order of January 19,2000, is hereby rescheduled for hearing on February 16, 2000, at 8:45 a.m. in Courtroom No.2. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. The Cumberland County Sheriffs Department shall attempt to make service at the plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. A certified copy of this Order for Continuance shall be provided to the Lower Allen and Mechanicsburg Police Departments by the plaintiffs attomey. By the Court, I~ f~. ~ f':>~ Edgar . Bayley, J g Joan Carey Legal Services, Inc. Attomey for Plaintiff Peter Michael Pollack Pro Se Defendant TRUE C!)P't{ F f~\&;,Cj{)(j1[J T.. >-' I '''''f' """''' ~",m' ,,,,,p ,",,,,,,,, H1 esnmOlJ1y W!l~$r1;?f'-~~1 ~Q~~ ~ M'~,,#' .;;o..",~ h~J U'!.'lH""; and tile sea! of ~id C~;;$1", pa. This .1 y ~ day ''-.PI AJ~ rfl'ryrV ~ - ( ~,- Ilrathon~ y .' . " i " Amy M. Hartman, Plaintiff : IN THE COURT OF COMMON PLEAS , !" , , }. I : NO. 00- 344 CIVIL TERM I i i k : OF CUMBERLAND COUNTY, PENNSYL VANIA vs. Peter Michael Pollack, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, Amy Harbnan, by the through her attomey Joan Carey ofLega! Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection Order was issued by this Court on January 19, 2000, scheduling a hearing for January 24, 2000, at I :30 p.m. l< 2. The Cumberland County Sheriffs Department sent the Temporary Protection Order and Petition to the Allegheny County Sheriff's Deparbnent and deputized them to serve the defendant. The Allegheny County Sheriff's Deparbnent has not been able to effect service of the defendant. 3. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 4. A certified copy of the Order for Continuance will be delivered to the Lower Allen and Mechanicsburg Police Departments by the attomey for the plaintiff. sr - " .' .' . WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect until further Order of Court. ,/ Respectfully submitted, ! ~\e-< Carey, Attorney for . tiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 I I.. 1.'- ,I i'i \ i r (:, . ,..... : "",.' ';{. Ii: . (~ ,Ii; ~ it .. I ~ , . .., . '" ,,' . .~, -~ , '"t-- '., ~llib~l~$ ~el"~ r,e ''''', '2 ,~",',\<, .",:,-;... {, '. ,,', ,-" .'Q11.l\;_l' ' ,,' \ fEB, 3. ~ 3;$ AM 100\ < \ '",'. -' . , f."~ Ii'. PE~I,,'C\c1 l'f,.I,I\li/--~ . \ 'j I'" -,_' I '_. ~,..~I " "~ 'r-_ ". !Ill!lml~li 1:' , " . \ ,~.,- -~,..~- - - ....,~~ ~ -- "..~,!II","IIJ!I! - ~ '1 " . ,. .,'. . i' As you mow, d1ePlaintifrllllafillda.leplIlClilmBpiutyouUadertllA}'I. I ..1_ Prom, ' Abuse ArX aad has abl3iDed a T~'''l Plotstion Older, 'Ih= p!UDt!.'f l! ~..d t:l !Il1v: a Iuostrit\g held in Older to abIain a filIal1'm~ 0tcIer afitcIiYe for OD (1) JU. AB aD aIle1-...di....18ll1118)' .--eat to tbe eab7 oftbe Dul PrW~"''l Order to be ID ef[ec:t r~ 0D1!,... Jr)'llll8l'll 'I'Iil!IIIg to "GlISllDt )'lIII8Iundd caD iepI Be. ,w, file. in CarJisle at 24' 9.00, 7f6.847S from ~ Wilt Share or SINH6 fnIIl shlpa-'b_ 8IIli IIIk to speak to tbe sIIIf penaa ............. tbe ase about a "", l 4a....... ,_ '1'he CoI1JlBlt. AgJ:eemmt sIumId be l"~ beb:e tile timo ""'-Inl...! for tile heIrlng so , 11m CDmt wiI1 know ab=ad of time tba1 tiill cue willllDt be CllIIillIIeli. III IIlIIIIB cues, regazdless of wlletber a u.ttI""'"nt by CcmslIIt A~ has _ ,...",,"11, tile puties nmst appear in c:aurt at the time ...,I...nuJed for bcadng. If!be cue is IIDlJD1l11!lled, !be c:aurtappellJllllCO will be brief. 'lbe judge will IIIlIIce sure !be paIties IIIIlIcnIaIIlI !be Ccms=t Apnent and fiDal l'1ulGClian Older. , If you do IIDt Ip'Ile to !be eatJy of tile filial Ptoi' .1.... Om., a ~1Id I1e8IiDg will IIbl pJacc at tile """""..1M time. Whllll a filial P&vIedioa Older is IIIlmed, it will be sent or given 10 you, !be pJaiudff, lIIIlI tile "l'p.uptiIde police &p..bu.alb. If you fail to abide by !be terms of !be final PlOlclllhm Olller you will be subject 10 im"""'l~ _ and a fiDe ,of SI00.oo 10 $1,011II.00 amJIor a jailllBllb!nl!e of up 10 silt IIIDIItbs and aIber mief. 1l'R1i'R A.Nn COSTS If the case goes to beariDg ami tllejudge gmDIS aP.o1I-(:i:on OJdrr, a su:charge,ofS2S,OO will be aiseSSIld against you. You may also be RqUiIIllIIO pay 8llDmey fees to Legal Set'Yices, IIIc. Cor their .~ of tile pJaiatiff. YOU SHODLD TAKE 'lBIS PAPER'l'O YaUlt LAWXu. AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT.AnOBD ONE, GO 'l'O OR TELEPHONE THE OFFICE SEr FORm BELOW 'l'O mm om wlWl& YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR. 4th FLOOR , CUMBERLAND COUNTY COURTHOUSE CARUSLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 [ t ! Ii I I' I I ~ '. .1-'" ~~"~t. .. '~~N 1 ~, ZOO~ I I r. i i I I Amy M. Hartman, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYL VANIA I VS. : NO. oo-31..jL.\ CIVIL TERM Peter Michael Pollack, Defendant : 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 hearing 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 evieted from your residence and lose other important rights. ' -r"P ", , A hearing on this matter is scheduled for the .a:!.:day of January 2000; at -p-.m" in Courtroom No. a of the Cumberlantl County Courthouse, 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 fme of up to $1,000.00 and/or up to six mOliths in jail 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 Rico. 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 HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. i ~ I i '~ f' , I i ~ i r i I 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 blllsiness before the court. You must attend the scheduled conference or hearing. , , ~ ',<1, . " .' Amy M. Hartman, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 00 - CIVIL TERM Peter Michael. Pollack, Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Peter Michael Pollack Defendant's Date of Birth: September 26, 1966 -'.:; . Defendant's Social Security Number: Unknown to Plaintiff MHt Names of the Protected Person: Amy M. Hartman ~-_.- AND NOW, this \ ~ day of January 2000, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: '..,;.~ ':; 181 1. Defendant shall not abuse, harass, stalk or threaten any of the above person in any place where she might be found. l' , : I !' o 2. Defendant is evicted and excluded from the residence at * or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. 181 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiffs residence or place of employmeut. Defendant is specifically ordered to stay away from the following locations for the duration ofthis Order: the plaintiff's residence located at 313 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania, and her place of employment located at Alliance Funding, 4900 Ritter Road, Mechanicsburg, Pennsylvania. 181 4. Defendant shall not contact Plaintiff by telephone or by any other meaus, including through third persons. -, . ,,- ~'~ ~" " .' I, I:, " Ii I' Ii: ~. , ~_. r: L t i ~-; ~,: I: I' r r ~, ; '''' i: . !' Ii 11 !' !] L ~- ; t' Ii ri ki ! r !Ii., , 11 " Ii o 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the c,are and control of the Plaintiff in accordance with the terms of this Order. 1816. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: A straight blade knife, approximable 5-6" long, with a black handle that was,used in the December 11, 1999, incident of abuse. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 181 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in tile office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. j.; ',! 1:1 " i" I' :: n ; ~ This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court fmds that Defendant has committed another act of abuse or has engaged ina pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the p,arties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. 181 8. A certified copy of this Order shall be provided to the police department where foe' , I , " .. j; i: I, I' r i', Plaintiff resides and any other agency specified hereafter: The Mechanicsburg Police Department and the Lower Allen Township Police. o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PF A ORDER AND PRIOR ORDER RELATING TO CHILD CUSTODY o ANY I I I 1'" j< 18110. THIS ORIDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODlFffiD OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. " ! NOTICE TO DEFENDANT . 't,. Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt; which is punishable by a fme of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. ~61l4. Consent oCtRe Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of approjpriate'court papers for that purpose. 23 Pa.C.S. ~61l3. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 D.S.C. ~~ 2261-2262. Anv Drotection order eranted bv a court may be considered in any subseauent'Droceedines, includine child custody proceedines. under title 23 (l}omestic Relations) of the Pennsvlvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS r , t, I I r! f I , I , f I , This Order shall be enforced by "die police who have jurisdiction over the plaintiffs residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 7 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weaponls are evidence of a crime, in which case, the shall remain with the law enforcement agency whose officer made the arrest. TR~E COpy FROM RECORD In Testimooy wiieroof, I r~r;l (jm'c: ssl my Mna and L'le ~I of said ~~-<,C::j~. Pi. rhl~ ~- day ~" ~ ~', ( Jur, 0 ~_ I . Prothonotary BY THE COURT, /'$1 E~ e>, ~ Judge -:--"~" . ~~ . ,< Amy M. Hartman, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00- CIVIL TERM Peter Michael Pollack, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE I. Plaintiffs name is Amy Hartman. 2. The name of the person who seeks protection from abuse is Amy Hartman. 3. Plaintiffs address is 313 West Green Street, Mechanicsburg, Pennsylvania. 4. Defendant is believed to live at 321 Cleveland Avenue, Avalon, Pennsylvania 15202. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is September 26,1966. Defendant's place of employment is unknown to Plaintiff. 5. Defendant is Plaintiffs former intimate partner. 6. Defendant has been involved in the following criminal court action: Defendant was arrested on December 15, 1999, and charged with simple assault, terroristic threats, unlawful restraint, and reckless endangerment. 7. The facts of the most recent incident of abuse are as follows: On or about January 10,2000, Defendant called Plaintiff at her place of employment and threatened that she better drop the charges which intimidated her and exacerbated her The police advised Plaintiff to file harassment charges saying that a warrant would be issued for his arrest for violating his bail by intimidating a witness. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a. On or about December II, 1999, Defendant pulled out a knife, held it >-.. , "~re; ; " rJ ii I" ji .' ;,< Ii I.'~ Ii I,'j ~:] 1,,-1 j::'1 Ii , :j " i '1 " " "-' " (I " lj II f;' '-1 j:1 ~' i " , ~ U 1-1 II t.j ,-j ~J ;1 Ii I: I [' Ii Ii ij Ii H i1 iJ 1!1 ! ,j ~'. ~_ c' .-,-.;-- . o " to the side of Plaintiff's face, causing her to cut her palm and finger when she raised her hands to protect herself. Defendant forcefully pushed Plaintiff onto the bed, got on top of her, restrained her with his legs, held the knife to her throat resulting in a cut on her ear and causing her to fear for her life. Defendant threatened Plaintiff stating that he had to do this, and that she was going to leave there with emotional and physical injuries. Defendant grabbed a sock and threatened to stuff it into Plaintiff's mouth when she began to scream. Defendant refused to allow Plaintiff to leave the room and when she attempted to do so, he grabbed the knife again, approached her throwing the knife back and forth between his hands and when she again attempted to leave, he pushed her back into the room. When Defendant finally let go, Plaintiff fled to the front office of the hotel for help, and Defendant drove away. When police arrived they issued a warrant for his arrest. Charges for simple assault, terroristic threats, reckless endangennent, and unlawful restraint were filed against Defendant and a hearing is scheduled for February 10, 2000. 9. Defendant has used or threatened to use the following weapons against Plaintiff: A straight bladed knife with a black handle that was used in the December 11, 2000 incident of abuse. 10. The following police department or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: The Mechanicsburg Police Department and the Lower Allen Police Department. 11. There is an immediate and present danger of further abuse from the Defendant. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Order Defendant to stay away from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or pennanent residence of Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiff's residence or place of employment. .. .. D. Prohibit Defendant from having any contact with Plaintiffs relatives. E. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost oflitigation in this case. G. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. b. Defendant is ordered to refrain from harassing Plaintiff's relatives. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, /7) /r'"!-t '~<-~ ..'./Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 , , -, .~",' " , 1;0 , r: Ii; t I, I' , Ii ! Ii- i' ;: if " " , I It If_' !~ ;r, r , I: k I' " I', T ! '" 11ft ~ , . .' ,. " i I -. VERIFICATION I verif'y 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. 94904, relating to unswom falsification to authorities. Dated: " / C (\(, ('-- " - ./ / I,", . (Lu (Ill) lire-I? }/r';L Amy M. H~~, Plaintiff "-t. --" d ~_: ,;,:1 i:j -.1.' , ;' "I r: I': ',' j:i >,) H 1-\ r' i: Ii ~ ! -:":