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DOLOREZA VICTORIA PALADINO, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalfof her minor children, : CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW MICHAEL PALADINO and
ERICA GRACE PALADINO,
vs.
ROCCO WILLIAM PALADINO, II,
Defendant
: NO. 2000- /I.A~ CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
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 on the~ "ay of March, 2000, at ;.: j () , . m., in
Courtroom No.~ of the Cumberland County Courthouse, Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or tenninated 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 criminaI contempt which is punishable by a fine of up to $1,000.00 and/or up to six:
monthsinjail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penaltie:s
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 crimiruil
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 offioe.
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.
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DOLOREZA VICTORIA PALADINO, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on, behalf of her minor children,: CUMBERLAND COUNTY, PENNSYL VANIA
ANDREW MICHAEL PALADINO and
ERICA GRACE PALADINO,
vs. : NO. 2000- /03.2.CIVIL TERM
ROCCO WILLIAM PALADINO, IT,
Defendant : PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's Name: ROCCO WILLIAM PALADINO, IT
Defendant's Date of Birth: 05/10/1965
Defendant's Social Security Number: 161-62-8217
Names of Protected Persons: DOLOREZA VICTORIA PALADINO, ANDREW
MICUAEL PALADINO, and ERICA GRACE PALADINO
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AND NOW, thisAi- day of Februarv. 2000, upon consideration ofthe attached
Petition for Protection from Abuse, the court hereby enters the following Temporary Order:
129 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they 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.
119 3. Defendant is pr~hibited from having ANY CONTACT with Plaintiff and/or the
minor children at any location, including, but not limited, to any contact at Plaintift"s current
residence, and any ~ther residence she may, in the future, establish f~r herself, her school,
and/or place of employment, or the school and/or day care facility of the minor children.
Defendant is specifically ordered to stay away from the following locations for the duration
of this Order.
Plaintiff's current residence: UndiKlosed location
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School of minor child. Andrew Michael Paladino: Undiscwsed location
129 4. Defendant shall not contact Plaintiff and/or the minor children hy telephone or
by any other means, including through third persons.
129 5. Pending the outcome ofthe final hearing in this matter. Plaintiff is awarded
temporary custody of the following minor children:
ANDREW MICHAEL PALADINO and ERICA GRACE PALADINO
Until the final hearing, all contact between Defendant and the children shaD be
suspended.
129 6. Defendant shall immediately relinquish any and all firearms and/orweapons to
the Sheriff's Office or a designated local law enforcement agency for the delivery to the
Sheriff's Office, specifically: 9 mm hand2lln. Defendant is prohibited from possessing,
transferring or acqniring any other weapons for the duration of this Order.
[g) 7.
The following additional relief is granted:
The Cumberland County Sheriff's Department shall attempt to make service at
Plaintiff'sreqrtest 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 SheritTfor service. The Prothonotary shall not send a copy of this Order
to Defendant by mail.
Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of Plaintiff and/or the minor children in the jurisdiction
or district or furnish any address, telephone number, or any other demographic
information about Plaintiff and/or the minor children except by further Order
of Court.
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 finds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff and/or minor children.
Defendant is required to relinquish to the sheritTany firearm license Defendant
may possess. Defendant's weapons and firearm license may be returned at the
expiration of the Protection Order after Defendant has submitted a written
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request to the Court for the return of the weapons and the Court has notified
Plaintiff of the request and given Plaintiff an opportunity to respond. A copy
of this Order shaD be transmitted to the chief or head of the police department
of and the sheriff of Cumberland County.
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.
l&> 8. A certified copy of this Order shall be provided to the police department where
Plaintift'resides and any other agency specified hereafter:
Hampden Township Police Department
l&> 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER and ANY PRIOR
ORDER RELATING TO CHILD CUSTODY
THISORDERAPPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE
AND BEARING.
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 fine of up to
$1,000.00 and/or up to six months in jail. 23 Pa.C.S.~6114. Consent of
Plaintiff to Defendant's return to the residence shan not invalidate this Order,
which can ,only be changed or mOdified through the filing of appropriate court
papers for that pl,lrpose. 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. Any
protection order granted by a court may be considered in any subsequent
proceedings, including child custOdy proceedings, under title 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes.
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NOTICE TO LAW
ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over Plaintiff's residence
OR any locations where a violation of this order occurs OR where Defendant may be located. If
Defendant violates Paragraphs 1 through 6 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 Sheriff's office of the county which issued this Order,
which office shall maintain possession of the weapons until further Order of this Court, unless the
weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency
whose officer made, the arrest.
Judge
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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DOLOREZA VICTORIA PALADINO, : IN TIIE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor children, : CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW MICHAEL PALADINO and
ERICA GRACE PALADINO,
vs.
ROCCO WILLIAM PALADINO, II,
Defendant
: NO. 2000- Ib 3.2. CIVIL TERM
: PROTECTIONFROMABUSEAND CUSTODY
PETITION FOR
PROTECTION FROM ABUSE
COUNT I
L Plaintiff is Doloreza Victoria Paladino.
2. Plaintiff files this Petition on behalf of herself and her minor children, Andrew Michael
Paladino and Erica Grace Paladino.
3. The names of the persons who seek protection from abuse are Doloreza Victoria
Paladino, Andrew Michael Paladino, and Erica Grace Paladino.
4. Plaintiff's current address is undisclosed for her and her children's protection and to
avoid further abuse.
5. Defendant's address is 6059 Edward Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
Defendant's Social Security Number is 161-62-8217
Defendant's date of birth is 05/10/1965
Defendant's place of employment is Diocesan Publications, Ltd., 698 Limekiln Road,
New Cumberland, Cumberland County, Pennsylvania; and the Pennsylvania National
Guard, Indiantown Gap, Annville, Lebanon County, Pennsylvania.
6. Defendant is Plaintiff's husband.
7, Defendant has been involved in the following criminal court action:
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District Justice Placey issued a warrant for Defendant's arrest for bad check
charges.
8. Plaintiff seeks temporary custody of the following children:
Name
Andrew Michael Paladino
Erica Grace Paladino
Address
undisclosed location
undisclosed location
Birthdate
11/03/1988
12/23/1998
9. Plaintiff and Defendant are the parents of the following minor children:
Name
Andrew Michael Paladino
Erica Grace Paladino
Age
11 years old
14 months old
10. The following information is provided in support ofPlaintifi's request for an Order of
child custody:
a) The children were not born out of wedlock.
b) The children are presently in the custody ofPlaint~ Doloreza Victoria Paladino,
who is currently residing at an undisclosed location for her protection and that of her
minor children.
c) During the past five years the children have resided with the following persons
and at the following addresses:
Persons children lived with
Plaintiff
Address
Undisclosed location
When
02/16/2000
To the present
Plaintiff and Defendant
6059 Edward Drive
Mechanicsburg, P A
From 09/1998
To 02/16/2000
Plaintiff and Defendant
305 Thomas Drive
Mechanicsburg, P A
From 02/1996
To 09/1998
Plaintiff and Defendant
285 Inverness Circle
Chalfont, P A
From 10/1995
To 02/1996
d) Plaint~ the mother of the children, is Doloreza Victoria Paladino, currently
residing at an undisclosed location with the minor children for her protection and that
of her minor children.
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e) She is married.
f) Plaintiff currently resides with the fo.llo.wing persons:
Name
Andrew Michael Paladino.
Erica Grace Paladino.
Relatio.nship
her so.n
her daughter
g) Defendant, the father o.f the children, is Ro.cco. William Paladino., II, who.
currently resides at 6059 Edward Drive, Mechanicsburg, Cumberland Co.unty,
Pennsylvania.
h) He is married.
i) Defendant resides a1o.ne to. the best o.fPlaintifI's kno.wledge.
j) Plaintiff has no.t previo.usly participated in any litigatio.n concerning custo.dy o.f
the abo.ve mentio.ned children in this o.r any o.ther Co.urt,
k) Plaintiffhas no. kno.wledge o.f any custo.dy proceedings co.ncerning these children
pending befo.re a co.urt in this o.r any o.ther jurisdictio.n.
I) Plaintiff do.es no.t kno.w any perso.n no.t a party to. this actio.n who. has physical
custo.dy o.f the children or claims to. have custo.dy o.r visitatio.n rights with respect to. the
children.
m) The best interests and permanent welfare o.f the mino.r children will be met if
custo.dy is temporarily granted to. Plaintiff pending a hearing in this matter fo.r reaso.ns
including:
1) Plaintiff is a respo.nsible parent who. bas provided for the
emo.tio.nal and physical needs of the children since their births,
and who. can best take care of the mino.r children.
2) Defendant has sho.wn by his abuse of Plaintiff and her mino.r
child, Andrew, that he is not an appropriate role model for the
minor children.
3) Defendant's behavio.r has adversely affected the children.
11. The facts of the mo.st recent incident o.fabuse are as fo.llows:
On or abo.ut February 7, 2000, the parties' ll-year-o.ld son, Andrew,
an A student, was referred to. his schoo.l co.unselo.r by his teacher out of
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concern for his declining grades, which had fallen to D's and F's. Andrew
told the counselor that he was upset and fearful because on a daily basis his
father screams and yells, calls him and his mother names, throws objects
about the house breaking them, sends him and his 14-month-old sister, and
Plaintiff to their rooms, and displayed a gun during an incident. Cumberland
County Children and Youth Services is investigating this matter.
Plaintiff verified that since approximately late December 1999,
Defendant's anger has escalated, that he intimidated and terrorized her and
the minor children daily, and repeatedly threatened her saying, "Murder
maybe; divorce never." Fearing for her safety and that of the children,
Plaintiff took the children and left the marital home on or about February 16,
2000, while Defendant was out of town on business. Plaintiff and the
children have been staying at an undisclosed location since leaving the home
for their protection.
Concerned for her safety and that of the minor children, Hampden
Township Police telephoned Plaintiff on or about February 18, 2000, to warn
her that Defendant called their department, screamed, yelled, and demanded
that he be told where Plaintiff and the children were.
12. Defendant has committed the following prior acts of abuse against Plaintiff and/or
the minor children:
a) On or about December 25, 1999, Defendant drove fast and recklessly
with Plaintiff and the parties' two minor children in the car, screamed at
Plaintiff and Andrew, called them names, demanded that Andrew say
demeaning things to his mother, became ellfaged because Plaintiff and
Andrew were crying, refused to stop ather parents' house, and continued to
drive around and scream at them. When Defendant finany drove to
Plaintiff's parents' home, Plaintiff went into the bathroom and Defendant
fonowed her, grabbed her head in his hands, and shook her head violently.
b) On or about December 24, 1999, Defendant shoved Plaintiff against
the kitchen counter, grabbed her by the front of her shirt, dragged her to the
staircase, held her over the stairs by her shirt, and threatened to throw her
down the stairs.
c) In or about November 1998, Defendant became ellfaged when
Plaintiff told him that Andrew, then 10 years old, feared him, went to the
boy's room, kicked in the bedroom door, and screamed at the child, who sat
cowering and crying on the bed.
d) In or aboutfalll998, Defendant struck Andrew on the top of his head
with a large and heavy book, traumatizing the child. Plaintiff held ice
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compresses on the child's head for over an hour to relieve the discomfort
caused by the blow.
e) On or about Thanksgiving Day, 1990, as Plaintiff tucked Andrew,
then 2 years old, into bed, Defendant grabbed her by the shoulders, shook her
violently, shoved her with such force that her feet left the floor and she was
propelled several feet through the air to where she fell on the floor. When
Plaintiff called to Defendant to help her because she feared her leg was
broken, he returned to the room, picked up Andrew's bicycle, lifted it over
his head as he stood over Plaintiff, and threatened to finish her off. As a
result of this incident, both bones in Plaintiff's lower leg were broken, and
she was placed in a hip cast. Approximately one week after returning home
from the hospita~ while Plaintiff was immobile still in the hip cast,
Defendant picked her up off of the couch where she lay, canied her into the
bedroom, and threw her onto the bed from several feet away. Defendant
pulled the telephone cord from the wall, closed the door, and refused to take
Plaintiff for medical attention nor did he allow her to contact anyone to help
her for two days. Within two years of the injury, Plaintiff required major
surgery on her leg which involved piecing a bone from another part of her
body and inserting a steel plate to repair the bone in her leg.
t) Since approximately 1988, in the third month of her pregnancy with
their son, Andrew, Defendant abused Plaintiff in ways including, but not
limited to,screamillg at her, calling her names, grabbing her, shoving her
about, shoving her against walls and doors(breaking two doors), and banging
her head against walls.
Defendant has shoved Andrew about, screamed at him, and called him
names. On several occasions Defendant used a wet towel to snap Plaintiff
and Andrew about their bodies causing welts, and Defendant has also used
his belt to strike them both with it.
Defendant has threatened several times to take the parties minor
children and leave the country with them. Defendant has relatives in Italy.
In addition, Defendant threatened Plaintiff saying that he should chop her up
in little pieces and put her in a trunk and no one would ever find her.
Defendant displayed his 9mm handgun, which had the ammunition
clip in it, on several occasions when he was screaming and intimidating
Plaintiff and the children, causing her to fear fur her life and that of her
children.
13. Defendant has used the following fireanns and/or specific weapons to intimidate and
terrorize Plaintiff and/or the minor children: 9mm handlUln.
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14. The following police departments or law enforcement agencies in the area in which
Plaintiff lives should be provided with a copy of the Protection Order:
Hamoden Township Police De.partment
IS. There is an immediate and present danger of further abuse from Defendant.
16. Defendant owes a duty of support to Plaintiff and/or the minor children,
17. Plaintiff has suffered the following out-of-pocket financial losses as a result of the
abuse described above: see attached Exhibit A, incorporated hereto by reference.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO
THE FOLWWJNG:
A Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff
and/or minor children in any place where they may be found.
B. Require Defendant to provide Plaintiff and/or minor children with other suitable
housing.
C. Award Plaintiff temporary custody of the minor children and place the following
restrictions or contact between Defendant and children:
Contact between Defendant and children is suspended pending further Order of
Court after the hearing scheduled in this matter.
D. Prohibit Defendant from having any contact with Plaintiff and/or, minor children,
either in person, by telephone, or in writing, personally or through third persons,
including, but not limited to, any contact at Plaintiffs current residence, and any
residence she may, in the future, establish for herself, her school, and/or her place of
employment, or the school and/or daycare facility of the parties' minor children.
E. Prohibit Defendant from having any contact with Plaintiffs relatives and/or
Plaintiffs children listed in this Petition.
F. Order Defendant to temporarily turn over firearms and/or weapons to the Sheriff
of this County and prohibit Defendant from transferring, acquiring or possessing any
such firearms and/or weapons for the duration of the Order.
G. Order Defendant to pay temporary support for Plaintiff' and/or the minor
children, including medical support.
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H. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as
a result of the abuse, to be determined at the hearing.
I. Order Defendant to pay the costs of this action, including filing and service fees.
J. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s
funding sources toward the cost of litigation in this case.
K. Order the following additional relief; not listed above:
Defendant is required to relinquish to the sheriff any firearm license Defendant
may possess. Defendant's weapons and firearm license may be returned at the
expiration of the Protection Order after Defendant has submitted a written
request to the Court for the return of the weapons and the Court has notified
Plaintiff of the request and given Plaintiff an opportunity to respond.
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.
L. Grant such other relief as the court deems appropriate.
M. Order the police or other law enforcement agency to serve Defendantwith a copy
of this Petition, any Order issued, and the Order for Hearing. The Petitioner will inform
the designated authority of any addresses, other than Defendant's residence, where
Defendant can be served.
COUNTll
CUSTODY UNDER PENNSYL VANIA CUSTODY LAW
18, The allegations of Count I above are incorporated herein as iffully set forth.
19. The best interest and permanent welfare of the minor children will be served by
confirming custody in Plaintiff as set forth in paragraph 10 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S.~5301 et. sea., and other applicable rules and law,
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Plaintiff prays this Honorable Court to award custody of the minor children to her.
Respectfully submitted,
Date:
<<- cpl-rn1
an ey, Attorney for P . iff
LEGAL SERVICES, IN
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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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.~4904, relating
to unsworn falsification to anthorities.
ZfZ3f WOO
~oria~la:rvu
Dated:
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DOLOREZA VICTORIA PALADINO, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor children,: CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW MICHAEL PALADINO and
ERICA GRACE PALADINO,
vs.
ROCCO WILLIAM PALADINO, II,
Defendant ~
: NO. 2000-
CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
OUT-OF-POCKET LOSSES
Plaintiffrequests that Defendant reimburse her out-of-pocket losses, including but not limited
to the following:
Any and all expenses/costs incurred to repair and/or replace clothing/property damaged
and/or destroyed as a result of incidents which occured since December 1999.
(The amount of damages and/or total lost wages was not available at the time offiling this Petition).
$
EXHmIT A
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DOLOREZA VICTORIA PALADINO, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor children, : CUMBERLAND COUNTY, PENNSYL VANIA
ANDREW MICHAEL PALADINO and
ERICA GRACE PALADINO,
vs.
ROCCO WILLIAM PALADINO, II,
Defendant
: NO. 2000-1032 CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
ORDER FOR CONTINUANCE
~
AND NOW, this L day of March, 2000, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on Friday, March 3,2000, at 2:30 p.m. by this Court's
Order of February 24,2000, is hereby rescheduled for hearing on Tuesday, March 21, 2000, at
11:00 a.m. in Courtroom No.5.
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered, through February 24, 2000, or until further Order of Court, whichever
comes first.
tt:-Edward E.
Joan Carey, Attorney for Plaintiff " //
LEGAL SERVICES, INC. _ ~ ~ pw~
8 Irvine Row
Carlisle, P A 17013
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FILE"D.{JFFICF'
OF THE PR()TC!ONOTARY
DO HAR -2 AN 1/: 53
CUMBE.RLAND COUN7Y
PENNSYLVANIA
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DOLOREZA VICTORIA PALADINO, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor children, : CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW MICHAEL PALADINO and
ERICA GRACE PALADINO,
vs.
ROCCO WILLIAM PALADINO, II,
Defendant
: NO. 2000-1032 CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
Plaintiff, Doloreza Victoria Paladino, 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
February 24,2000, scheduling a hearing for Friday, March 3, 2000, at 2:30 p.m.
2. The Cumberland County Sheriff's deputies have been unsuccessful in their attempts
to serve Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition
for Protection From Abuse.
3. Plaintiff requests that the hearing be rescheduled pending service of Defendant.
4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
for a period of one year from the date it was entered, through February 24, 2001, or until further
Order of Court, whichever comes first.
WHEREFORE, 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, through February 24, 2001, or until further Order of Court,
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whichever comes first.
Respectfully submitted,
oan Carey, Attorney fI Plaintiff
LEGAL SERVICES, INC,
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01032 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PALADINO DELOREZA VICTORIA ET
VS
PALADINO ROCCO WILLIAM II
SHANNON SUNDAY
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
PALADINO ROCCO WILLIAM II
the
DEFENDANT
, at 0019:45 HOURS, on the 2nd day of March
2000
at 6059 EDWARD DRIVE
MECHANICSBURG, PA 17055
by handing to
ROCCO WILLIAM PALADINO
a true and attested copy of PROTECTION FROM ABUSE
together with
& CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY
PROTECTION FROM ABUSE ORDER, CONTINUANCE
and at the same time directing His attention to the contents thereof.
Additional Comments
CONFISCATED (1) 9MM
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
18.60
.00
10.00
.00
46.60
Bo An~.~~t
R. Thomas Kline
02/03/2000
Sworn and Subscribed to before
By:
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Deputy Sheriff
me this .J. L( i=:. day of
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Court Order
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Date -reb,;;LJ,;) 000
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Name of Defendant
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Address ~"
&059 WwardDr.
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Telephone 7Q('- (05 R (p -ri1lJCo7l/nuU
IUw# 69/-93/,3,
Number of weapons seized
Make
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DOLOREZA VICTORIA PALADINO,
o/b/o herself and
ANDREW MICHAEL PALADINO
and ERICA GRACE PALADINO :
.
.
IN THE COURT OF COMMON PLEJlS OF
CUMBERLAND COUNTY, PENNSYLVllliIA
.
.
.
.
DOCKET No. 2000-1032 CIVIL ~~ERM
vs.
.
.
ROCCO WILLIAM PALADINO, II,
Defendant
: CIVIL ACTION - AT LAW
: PROTECTION FROM ABUSE & CUS~~ODY
: PREVIOUSLY ASSIGNED TO: J.GUIDO
AND NOW, this
ORDER OF CON'l'INUANCE
;).O;t-.. day of fVl ~
2000, based
upon the Defendant's Petition for Continuance, the petition is
hereby
G e../r,JTE'1)
and the matter scheduled for
hearing on Tuesday, March 21, 2000,
at 11:00 a.m. by this Court's
;. .5 ,-II,
Order of March 2, 2000, is hereby rescheduled for the
day of
A/JIl.,.I-
2000, atJ:(Jd / .m., in
Courtroom Number 5 of the Cumberland County Courthouse, Carli.sle,
Pennsylvania.
The Temporary Protection From Abuse Order shall remain in
effect for a period of one year from the date it was entered,
through February 24, 2001, or until further Order of Court,
whichever comes first.
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by/for
Hon. Edward E. Guido, J".
Legal Services, Inc., Attn: Joan Carey
Legal Services, Inc., Attn: Maryann Murphy
Reager, Adler & Cognetti, P.C., Attn: Maria Cognetti
Law Offices Patrick Lauer, Attn: Matt Eshelman
Law Offices Patrick Lauer, Attn: Kirstin Garrett
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DOLOREZA VICTORIA PALADINO,
olblo herself and
ANDREW MICHAEL PALADINO
and ERICA GRACE PALADINO :
:
IN THE COURT OF COMMON PLE1~S OF
CUMBERLAND COUNTY, PENNSYLV1lliIA
DOCKET No. 2000-1032 CIVIL \~ERM
:
.
.
vs.
.
.
ROCCO WILLIAM PALADINO, II,
Defendant
: CIVIL ACTION - AT LAW
: PROTECTION FROM ABUSE & CUSTODY
: PREVIOUSLY ASSIGNED TO: J.GUIDO
DEFENDANT'S PETITION FOR CONTINUANCE
AND NOW, comes the Defendant, Rocco W. Paladino, II, by and
through his attorney, Matthew J. Eshelman, Esquire, and
respectfully avers the following:
1. Defendant, Rocco W. Paladino, II, retained Kirstin
Garrett, Esquire of The Law Offices of Patrick F. Lauer, Jr., to
represent him with respec,t to issues of Divorce, Custody, Support
and Equitable Distribution.
2. Defendant was then served with a Temporary Protect;ion
From Abuse Order dated February 24, 2000, and an Order for
Continuance dated March 2, 2000, scheduling a PFA Hearing for
March 21, 2000, as filed by Joan Carey, Esquire, of Le'gal
Services, Inc., for the Plaintiff.
3. Because ofa scheduling conflict with Attorney Garre,tt,
Defendant retained the undersigned, Matthew Eshelman, Esquire" to
represent him at the PFA Hearing currently scheduled for Tuesday,
March 21, 2000 at 11:00 a.m.
4. Defendant was then served with a Divorce Complaint
including Counts for Divorce, Alimony, A.P.L., and Equitable
Distribution as filed on Plaintiff's behalf by Maryann Murphy,
IEsquire, of Legal Service, Inc.
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5. On or about March 14, 2000, Legal Services and Pat
Lauer's Office agreed that Maryann Murphy and Matt Eshelman would
handle primary negotiations for their respective clients, and
extensive negotiations took place throughout that week.
6. On the night of March 16, 2000, Matt Eshelman was
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elected to the position of Treasurer of Legal Services, Inc., by
that corporation's Board of Directors.
7. On March 17, 2000, Matt Eshelman disclosed the elect;ion
to the Defendant, and Defendant indicated he did not feel it would
be a problem.
8. Additional efforts, were made to reach an agreement-'in-
I principal by the close of business Friday, March 17, 2000.
9. However, upon further reflection over the weeke!nd,
Defendant has indicated that he does not feel entirely comfortable
with the potential conflict of interest between Attorney Eshelman
and Legal Services, Inc.
10. Attorney Garrett has accepted a position with the Office
of the District Attorney of York County and will be unable to
represent Defendant either.
11. The Defendant has expressed a desire to retain the Law
Offices of Reager, Adler & Cognetti, P.C., to represent him with
respect to the PFA, divorce, and custody.
12. Defense Counsel has sought the concurrence of Le1gal
Services with Defendant's continuance request.
13. As of the time of the filing of this continuance
irequest, Plaintiff's attorneys have ~ indicated that they ~~
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agree with the continuance request.
WHEREFORE, the Defendant respectfully request a continuance
until the next Protection From Abuse Hearing can be scheduled per
the attached, proposed order.
, ubmitted,
Date:
d/fcV
Matthew J. Eshelman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
1D# 72655 Tel. (717) 763-1800
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DOLOREZA VICTORIA PALADINO,
o/b/o herself and
ANDREW MICHAEL PALADINO
and ERICA GRACE PALADINO
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVj~IA
DOCKET No. 2000-1032 CIVIL ~rERM
.
.
vs.
.
.
ROCCO WILLIAM PALADINO, II,
Defendant
: CIVIL ACTION - AT LAW
: PROTECTION FROM ABUSE & CUS~rODY
: PREVIOUSLY ASSIGNED TO: J.GlJIDO
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the
foregoing Petition for Continuance upon the person, and in the
manner, indicated below, which service satisfies the requirements
of the Pennsylvania Rules of Civil Procedure, by faxing and
depositing a copy of the same with the United States Post Office
at Camp Hill, Pennsylvania, through first class mail, prepaid and
addressed as follows:
Joan Carey, Esquire
c/o Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
I Date:
31)o~
Matthew J. . shelman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
.
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DOLOREZA VICTORIA PALADINO, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
far herself and an behalf afher minar children, : CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW MICHAEL PALADINO and
ERICA GRACE PALADINO,
vs.
ROCCO WlLLIAM PALADINO, II,
Defendant
: NO. 2000-1032 CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
ORDERFORCONTfflUANCE
AND NOW, this~(, ~ay .of April 2000, upan consideratian .of the attached Matian far
Cantinuance, the matter scheduled far hearing an Tuesday, April 25, 2000, at 3:00 p.m. by this
Caurt's Order .of March 20, 2000, is hereby rescheduled for heariug on May 12, 2000, at
11:30 a.m. in Courtroom No.5,
The Temparary Protection From Abuse Order shall remain in effect far a period .of .one year
frDm the date it was entered, thrDugh February 24, 2000, .or until further Order afCaurt, whichever
comes first.
Edward E. Guida, Judge
Joan Carey
Maryann Murphy
Attarneys far Plaintiff
LEGAL SERVICES, INe.
8 Irvine Raw
Carlisle, P A 17013
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Maria P. Cagnetti, AttDrney far Defendant
REAGER, ADLER & COGNETTI
2331 Market Street
Camp Hill, P A 17011
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DOLOREZA VICTORIA PALADINO, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor children, : CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW MICHAEL PALADINO and
ERICA GRACE PALADINO,
vs.
ROCCO WILLIAM PALADINO, II,
Defendant
: NO. 2000-1032 CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
Plaintiff, Doloreza Victoria Paladino, by and through her attorneys, Joan Carey and Maryann
Murphy of Legal Services, Inc" moves the Court for an Order rescheduling the hearing in the above-
captioned case on the grounds that:
L A Temporary Protection From Abuse Order was issued by this Court on
February 24,2000, scheduling a hearing for Friday, March 3,2000, at 2:30 p.m,
2. Defendant was served with a certified copy of the Temporary Protection From Abuse
Order and Petition for Protection From Abuse on March 2, 2000, at his residence at 6059 Edward
Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3. By agreement of the parties and their respective counsel, the hearing was rescheduled
to April 25, 2000, at 3:00 p.m,
4. Defendant has retained Maria P. Cognetti of REAGER ADLER & COGNETTI to
represent him in this matter.
5. The parties, by and through their respective counsel, agree to reschedule this case for
hearing pending negotiation ofa settlement in this matter.
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6. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
for a period of one year from the date it was entered, through February 24,2001, or until further
Order of Court, whichever comes first.
WHEREFORE, Plaintiffrequests 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, through February 24,2001, or until further Order of Court,
whichever comes first.
Respectfully submitted,
~~~
Joan Carey
Attorneys for Plaintiff
LEGAL SERVICES, INe.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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DOLOREZA VICTORIA PALADINO, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor children,: CUMBERLAND COUNTY, PENNSYL VANIA
ANDREW MICHAEL PALADINO and
ERICA GRACE PALADINO,
vs.
ROCCO WILLIAM PALADINO, II,
Defendant
: NO. 2000-1032 CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
FINAL PROTECTION ORDER
Defendant's Name: ROCCO WILLIAM PALADINO, II
Defendant's Date of Birth: 05/10/1965
Defendant's Social Security Number: 161-62-8217
Names of Protected Persons: DOLOREZA VICTORIA PALADINO. The minor childr~'n are
not intended to be protected persons under this Order. Matters regarding the children have
been addressed in the Custody Order docketed to number 2000-1127 in the Court of Common
Pleas of Cumberland County, Pennsylvania.
AND NOW, this 10"" day of th~, ,2000, the court having jurisdiction over the parties
and the subject-matter, it is ORDERED, A JUDGED, and DECREED as follows:
Plaintiff, Doloreza Victoria Paladino, is represented by Joan Carey, Esquire and Maryann Murphy,
Esquire of Legal Services, Inc.; Defendant, Rocco William Paladino, II, is represented by Maria P. Cognetti,
Esquire of Reager Adler & Cognetti,
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 conslmt of
Plaintiff and Defendant.
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Plaintiffs request for a Final Protection Order is denied.
~ 1.
be found.
Defendant shall not abuse, stalk, harass, threaten Plaintiff in any place where she might
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D 2. Defendant is completely evicted and excluded from the residence at or any other
residence where Plaintiff may live. Exclusive possession ofthe residence is granted to Plaintiff, Defendant
shall have no right or privilege to enter or be present on the premises.
D 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.
[19 3. Defendant is prohibited from having ANY CONTACT with Plaintiff except for the
limited purpose of communicating regarding the children and custody arrangements, includinl~, but
not limited to, any contact at the Plaintiffs current residence, and any other residence she may, jin the
future, establish for herself, her school or place of employment. Defendant is specifically ordend to
stay away from the following locations for the duration of this Order, except for the limited purpose
of transferring custody:
Plaintiff's residence: 305 Shepherd Lane, Shippensburg, P A 17257
Plaintiff's place of emplovment: Magic Years Child Care and Learning Centelr, 871
Stanley Avenue, Chambersburg, PA 17201
[19 4. Defendant shall not contact Plaintiff by telephone, electronic communications or by
any other means, including third parties, except for the limited purpose of communicating regarding
the children and custody arrangements.
[19 5. Custody of the minor children, Andrew Michael Paladino and Erica Grace Pabldino,
shall be according to the Custody Order docketed to Paladino v, Paladino, Court of Common Pleas
of Cumberland County, Pennsylvania No. 2000-1127 Civil Term which grants Plaintiff priimary
physical custody and the parties shared legal custody.
[19 6. Defendant shall immediately turn over to the Sheriff's Office, or to a 10clII law
enforcement agency for delivery to the Sheriffs Office, the following firearms and/or specific weapons
used or threatened to be used by Defendant in an act of abuse against Plaintiff:
the Interarms 9mm handgup confiscated by the Cumberland County Sh,eriff's
Department on March 2, 2000.
[19 7. Defendant is prohibited from possessing, transferring or acquiring any other fir,earms
and/or specific weapons for the duration of this Order except in relation to his service with the
Pennsylvania National Guard. Any firearms and/or weapons delivered to the sheriff under
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Paragraph 6 ofthis Order or under Paragraph 6 ofthe Temporary Order shall not be returned until
further Order of Court.
~ 8,
The following additional reliefis granted as authorized by ~6108 ofthis 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 Defendanlt has
committed an act of abuse or has engaged in a pattern or practice that indicate!1 risk
of harm to Plaintiff.
Defendant is required to relinquish to the sheriff any firearm license Defendant may
possess, Defendant's weapons and firearm license may be returned at the expiration
of the Protection Order after Defendant has submitted a written request to the Court
for the return of the firearms and/or weapons and the Court has notified Plaintiffofthe
request and given Plaintiff an opportunity to respond. A copy of this Order sh,'IllI be
transmitted to the chief or head of the Hampden Township Police Department (where
Defendant resides) and the sheriff of Cumberland County.
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.
o 9. Defendant is directed to pay temporary support for _ as follows: _' 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.
OIL Defendant shall pay $_ to Plaintiffas compensation for Plaintiff's out-of-pocket losses, which
are as follows: OR
o Plaintiff is granted leave to present a petition, with appropriate notice to Defendlmt, to
requesting recovery of out-of-pocket losses. The petition shall include an exhibit iternizing
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.
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o 12. BRADY INDICATOR
o 1. The Plaintiff or protected person/s is a spouse, fonner 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.
o 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing,
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.
Il9 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
Il9 14. All provisions of this Order shall 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 Inclirect
Criminal Contempt which is punishable by a fine of up to $1,000 and/or ill jail
sentence of up to six months. 23 Pa.C.S. ~6114. 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 Lcmds,
U.S. Territories, and the Commonwealth of Puerto Rico under the Violence Against
Women Act, 18 U.S.C.~2265. 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.~~ 2261-2262. If paragraph 12 ofthis Order has been checked, you
may be subject to federal prosecution and penalties under the "Brady" provisions
of the Gun Control Act, 18 U.S.C.~922(g), for possession, transport or receipt of
firearms or ammunition.
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NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintifl's residence OR any location where a violationofthis
Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of
Paragraphs 1 through 7 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.g6113,
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to btl 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 appmpriate
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, Plaintifl's presem;e 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,
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Joan Carey
Maryann Murphy
Attorneys for Plaintiff
LEGAL SERVICES, INe.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Maria P. ognett~ 'A orney for Defendant
REAGER ADLER & COGNETTI
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
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Doloreza Victoria Paladino
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
1032 Civil 2000
Rocco Paladino
Defendant
ITEMS: Interarms 9mm 1098637
ORDER
AND NOW, this ~ Day of ~
the following Order is entered:
The protection from abuse order in the above-captioned case having expired on
May 10, 2001, and the defendant having requested the return of the
weapons/firearms held pursuant to the order, and the defendant otherwise being legally
entitled to possess the weapons/firearms, IT IS ORDERED that all weapons/firearms
held by the sheriff shall be returned to the defendant.
CC:
R. Thomas Kline, Sheriff
Cumberland County Sheriff's Office
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-"'....
~ ~:~ ~-9
"-, ;
., ,::;C)
@~f9
);!
::0
-<
If?
=>