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HomeMy WebLinkAbout00-02353 ,- - ,-- "' SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-02353 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDERSON SHARON ANN VS LACY JOE PAUL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT LACY JOE PAUL but was unable to locate Him in his bailiwick. He therefore returns the PROTECTION FROM ABUSE NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER , NOT FOUND , as to the within named DEFENDANT , LACY JOE PAUL DISREGARD SERVICE AS PER LEGAL SERVICES ORDER TO VACATE RECEIVED 4/19/00. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 ~~~ //~~ R: Thomas Kline Sheriff of Cumberland County 04/19/2000 Sworn and subscribed to before me this 1'l'E::. day of ~.. J.AnrV A,D. ~ ().7nAI&~ * honotary , , , Sharon A. Anderson, ; IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-2353 CIVIL TERM Joe Paul Lacy, Defendant ; PROTECTION FROM ABUSE AND NOW, this day of April 2000, upon consideration of the attached Petition, the Temporary Protection Order in the above-captioned case entered on April 13, 2000, is hereby vacated and the action withdrawn without prejudice to Plaintiff. Joan Carey Attorney for Plaintiff i') .. n . L LEGAL SERVICES, INC. - I~ ~ ~-/f 0 () Joe Lacy ._ N -ev-w - ... 1~;7J . JD ^~n Pro Se Defendant d. ~ Oil ... W t,fA /", It' N 0 C-el'f(1".~' . b~ If-Hl -}4J4L.-fa 61tk-libC-UJJ-S ., I Ii II Ii il il il p-'W, ,-' ., 'lhi '~ O~~ ,~. ,_ ~"' , _" "^".'" '," '"\r-, I'r"", I UU J-'.ri\ '", Ii: :~:9 j;;l CLH\i~2.~h~.. ,\1, (.>.~;,j>~T\( PEN[~SYU/)\\!!'A J - , llk[l~ .'IIIlIIJ~.~~~ m. _ ~!If'!IJ.!JIIII!~I, ,__ ~~ ~__ ,tin:. ,.~!li~:1~~~~~ ~." ~~II .. '=;-. ' .......1 ~ Sharon A. Anderson, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-2353 CIVIL TERM Joe Paul Lacy, Defendant : PROTECTION FROM ABUSE PETITION TO V ACA TE ORDER AND WITHDRAW ACTION Plaintiff, Sharon Anderson, by and through her attorney, Joan Carey, of Legal Services, Inc., requests that the Court vacate the Temporary Protection Order in the above-captioned case and that the action be withdrawn on the grounds that: 1. A Petition for Protection From Abuse was filed and a Temporary Protection From Abuse Order was issued by this Court on April 13, 2000. 2, Defendant entered into an alcohol rehabilitation program on April 17 , 2000, and will remain there for a period of not less than six weeks and Plaintiff feels that there is no need for a Protection From Abuse Order at this time. 3. Plaintiff requests that the Temporary Protection Order be vacated and the action withdrawn without prejudice to her. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, and that the action be withdrawn without prejudice to Plaintiff. Respectfully submitted, ~y Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 ,'," ',-co" . J"'-"_" _" I'i, . , VERIFICATION I verifY that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: ...; /11 /00 ~ tI. ~~ /' Sharon A. Anderson, Plaintiff iMiiIMlifill-- ,', ~~t~!&:~~~" " .. ,-~ '^-' ,~~ " -,',.'- mlllltlilJ 1 - -~ ~~~ ~c-~~ .. - C) '--' C -- I ,J , :;:-.. .--- -TJ m i :.:.\.1 7: T ..,::. , (J:~ \,,:':'1 .- ,-' '- '-~;" ,':>- ( "7 5> I. '..;,C) "~; C~ ~:;::~ =-< :;:) :11 , 0 -~ l~, SHARON ANN ANDERSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000- J. 353 CIVIL TERM JOE PAUL LACY, Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set fO'rth in the fO'llO'wing papers, YO'U must appear at the hearing scheduled herein. If you fail to dO' so, the case may proceed against YO'U and a FINAL Order may be entered against YO'U granting the relief requested in the Petition. In particular, you may be evicted frQm yO'ur residence and lose Qther impQrtant rights. A hearing Qn this matter is scheduled Qn the JJ..!:;iay O'f April, 2000, at ;1 ; rv ~ m ., in CQurtroQmNO'. < j QftheCumberlandCQunty CQurthO'use, 1 CO'urthO'useSquare, Carlisle, P sylvania. Y QU MUST Qbey the Order that is attached until it is mO'dified Qr tenninated by the CQurt after nQtice and hearing. IfyO'u disobey this Order, the pO'lice may arrest YQU. ViO'latiO'n Qfthis Order may subject yO'u to' a charge O'f indirect criminal cO'ntempt which is punishable by a fine O'f up to' $1,000.00 and/O'r up to' six mO'nths in jail under 23 Pa.C.S. ~6114. ViQlatiQn may also subject YO'U to' prosecutiQn and criminal penalties under the Pennsylvania Crimes CO'de. Under federal law, 18 US.C. ~2265, this Order is enfO'rceable anywhere in the United States, tribal lands, US. TerritQries and the CQmmO'nwealth QfPuertO' Rico. IfYQU travel O'utside O'f the state and intentiQnally viQlate this Order, YO'U may be subject to' federal criminal proceedings under the ViQlence Against WQmen Act, 18 US.c. ~ 2261-2262. You should tlIlke this paper to your lawyer at once. Y QU have the right to' have a lawyer represent YO'u at the hearing. The CQurt will nO't, hO'wever, apPQint a lawyer fQr YQU. IfYQU dO' nQt have a lawyer Qr cannQt affQrd O'ne, gO' to' O'r telephQne the Qffice set fO'rth belQw to' find Qut where YQU can get legal help. If YO'u cannQt find a lawyer, YQU may have to' proceed withQut Qne. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 TelephQne Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The CQurt Qf CQmmQn Pleas Qf Cumberland CQunty is required by law to' cQmply with the Americans with Disabilities Act Qf 1990. FQr infQrmatiQn abQut accessible facilities and reasonable accO'mmO'datiQns available to' disabled individuals having business befO're the CQurt, please CQntact Qur Qffice. All arrangements must be made at least 72 hQurs priQrtQ any hearing O'r business befQre the court. Y QU must attend the scheduled cQnference Qr hearing. ] ,---" '!!!".~.", ..-... ,~' n,,--, '1':";f) . _'. ,...,) f11 ,'" J 0 '-:,"-i.--~-rAI-TY t' I ij a: ?~) "..... Cl P<"'i-'"-~:~,,, ;. ',', ,. ,_, _I/,J~~;:"'~~J ,':'-,,>;U \)~ldt,iTY [~;..."\,\ - '\/' , I", ,. - , t...J j ~1..,lJU/\;\JI/~ ,~ _e,,,", ,.' __~"'".,~" c ,,1,J!Jl.1i_~~ ,"",~.," .1".,_i!l!il, I~_~,_" _" - ~ ~ <-) " ] ..~ .. }j ''l-- ~! . , jJ SHARON ANN ANDERSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- J 3"'-' CIVIL TERM JOE PAUL LACY, Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: JOE PAUL LACY Defendant's Date O'fBirth: 12/08/54 Defendant's SQcial Security Number: 546-13-2336 Name QfPrQtecte~~: SHARON ANN ANDERSON AND NOW, thisI!'} da~ of April, 2000, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the foRowing Temporary Order: 129 1. Defendant shall not abnse, harass, stalk or threaten the above person in any place where she might be found. 129 2. Defendant is evide!l and excluded from the residence at 601 Bloserville Road, Newville, Cumberland County, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession ofthe residence. Defendant shall have no right or privilege to enter or be present on the premises. 129 3. Defendant is pr~ibited from having ANY CONTACT with Plaintiff at any location, inclndilIlg, but not!'iwited, to any contact at Plaintitl's current residence, and any other residence s~e may, intIJji future, establish for herself, or her place of employment. unless Court Ordered tR be the~;'or required to be there for official business. Defendant is specifically orde~d to stayl~way from the foRowing locations for the duration of this Order: ~s ~li. of emplovment: Cumberland County Courthouse 1 Courthouse Square, 4th Floor Chambers of Judge Edgar B. Bayley Carlisle, :P~~'!t~Y.rania " . .--', ."-, ,. I&> 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. o S. Pending the QutCQme Qf the final hearing in this matter. Plaintiff is awarded tempQrary custQdy Qf the fO'llQwing minQr child/ren: Until the final hearing, all CQntact between Defendant and the child/ren shall be limited to' the fQllO'wing: The 100callaw enfQrcement agency in the jurisdictiO'n where the child/ren are lQcated shall ensure that the child/ren are placed in the care and cQntrol Qf Plaintiff in accordance with the terms Qfthis Order. o 6. Defendant shall immediately relinquish the fQllQwing weapO'ns to' the Sherifl's Office Qr a designated lQcallaw enfQrcement agency fQr the delivery to' the Sheriff's Office: L\inlrt Defendant is prohibited frO'm PQssessing, transferring Qr acquiring any Qther weapQns fO'r the duratiQn Qf this Order. I&> 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 the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shaD 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 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 child/ren. Defendant is required to relinquish to the sheriff any firearm license and/or permit to carry a concealed weapon Defendant may possess, and Defendant is prohibited from possessin!!. tmnsferrin~ or acawringany other weanonsfor the duration of this Order. Defendant's firearm license and/or permit 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 license and/or permit and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief "',-'; or head of the police department of (where Defendant resides) and the sheriff of Cumberland County. Defendant is to refrain from harassing Plaintiff's relatives. [&> 8. A certified copy of this Order shan be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police - Plaintiff's residence Carlisle Police Department - Plaintiff's place of employment [&> 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER. 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 nQtified that viO'latiQn Qf this Order may result in arrest fQr indirect criminal contempt, which is punishable by a fine O'fup to' $1,000.00 and/O'r up to' six mQnths in jail. 23 Pa. C.S. ~6114. CO'nsent Qf the Plaintiff to' Defendant's return to' the residence shall nQt invalidate this Order, which can Qnly be changed Qr mQdified thrQugh the filing Qf apprQpriate CQurt papers fQr that purpQse. 23 Pa. C. S. ~6113. Defendant is furthernQtified that viQlatiQn O'fthis Order may subject him/her to' state charges and penalties under the Pennsylvania Crimes CO'de and to' federal charges and penalties under the ViQlence Against W QmenAct, 18 U S. C. ~~2261-2262. Any protectiO'n Qrder granted by a CQurt may be cQnsidered in any subsequent proceedings, including child custQdy proceedings, under title 23 (DQmestic RelatiQns) Qfthe Pennsylvania CQnsQlidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enfQrced by the PQlice whO' have jurisdictiQn O'ver Plaintiff's residence OR any 100catiQns where a viQlatiQn Qf this O'rder Qccurs OR where Defendant may be lQcated. If Defendant viQlates Paragraphs 1 thrQugh 6 Qfthis Order, Defendant may be arrested Qn the charge QfIndirect Criminal CQntempt. An arrest for viO'latiO'n Qf this Order may be made withQut warrant, based sQlely Qn probable cause, whether Qr nQt the viQlatiQn is committed in the presence Qflaw enforcement. .~ '~-~ Subsequent to' an arrest, the law enfO'rcement Qfficer shall seize all weapQns used Qr threatened to' be used during the viQlatiQn Qf this Order OR during priQr incidents Qf abuse. WeapQns must fQrthwith be delivered to' the Sheriff's Qffice Qfthe CQunty which issued this Order, which Qffice shall maintain PQssessiO'n Qf the weapQns until further Order Qf this CQurt, unless the weapO'n1s are evidence Qf a crime, in which case, they shall remain with the law enfQrcement agency whO'se Qfficer made the arrest. BY THE COURT, Judge JQan Carey, AttQrney fQr Plaintiff LEGAL SERVICES, INC. 8 Irvine RQW Carlisle, PA 17013 (717) 243-9400 ~~ -" , ,- ~h-, SHARON ANN ANDERSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- ;;3 {'..3 CIVIL TERM JOE PAUL LACY, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff is Sharon Ann AndersO'n. 2. The name Qf the persO'n whO' seeks protectiQn frQm abuse is SharQn Ann AndersQn. 3. 17241. Plaintiff's address is 601 BlQserville RO'ad, Newville, Cumberland CQunty, Pennsylvania 4. Defendant's current whereabQuts are UnknQWll to' Plaintiff. Defendant's SQcial Security Number is 546-13-2336. Defendant's date Qfbirth is 12/08/54. Defendant is unemplQyed. 5. Defendant has had an intimate relatiQnship with Plaintiff 6. Defendant has been invQlved in the fO'llO'wing criminal CQurt actiQn: An Emergency ProtectiQn From Abuse Order was issued Qn behalf O'f Plaintiff against Defendant Qn April 11, 2000, by District Justice Shulenberger, as a result Qfthe incident which Qccured Qn Qr abQut April 11, 2000. Pennsylvania State PQlice served Defendant with a CQPy Qfthe Order and remQved him frO'm Plaintiff's residence. Defendant telephQned Plaintiff at her residence shQrtly after being served with the Order, viQlating the nO' CQntact prQvisiQn Qfthe Order. The Pennsylvania State PQlice have filed charges Qf Indirect Criminal CQntempt against Defendant and a warrant is being issued fQr his arrest. In December 1999, Defendant was charged with harassment as a result Qf an incident invQlving Plaintiff's daughter, Kylie AndersQn. A -- --,,--<-~-~ '~"'" ~ ': preliminary hearing was held befQre District Justice Shulenberger Qn January 5, 2000, and Defendant, whO' shQwed up an hO'ur after the hearing was scheduled, was fQund guilty Qfthe charges. Defendant has appealed the decisiQn, and a hearing is scheduled befQre Judge GuidO' Qn April 25, 2000, at 1 :30 p.m. 7. The facts Qf the mQst recent incident O'f abuse are as fQllQws: Approximate Date: Approximate Time: Place: On Qr abQut April 11, 2000 2:30 p.m. 601 BlQserville RQad, Newville, Cumberland CQunty, Pennsylvania, Plaintiff's residence On Qr abQut April 11 , 2000, Defendant hit Plaintiffin the face with a hat, and when she tQld him to' leave, he refused. Plaintiff left her residence, repQrted the incident to' the Pennsylvania State PQlice, and after being referred to' the Cumberland CQunty District AttQmey's Office, was advised to' seek an Emergency ProtectiQn FrQm Abuse Order thrQugh a District Justice until she CQuld file a PetitiO'n fQr ProtectiQn From Abuse with the CQurt. District Justice Shulenberger issued an Emergency ProtectiQn From Abuse Order O'n Plaintiff's behalf Qn April 11, 2000, which alsO' evicted and excluded Defendant frQm Plaintiff's residence, and prohibited him frO'm having any contact with her during the term Qfthe Order. At apprO'ximately 6:00 p.m. Qn April 11, 2000, Pennsylvania State PQlice served Defendant with a copy O'f the Order, and remQved him frQm Plaintiff's residence. Defendant telephQned Plaintiff at her residence shQrtly after being served with the Order, viQlating the CQntact provisiQn O'fthe Order. The Pennsylvania State PQlice have filed charges Qf Indirect Criminal CQntempt against Defendant and a warrant is being issued fO'r his arrest. 8. Defendant has cQmmitted the fQllQwing priQr acts Qf abuse against Plaintiff: Since approximately summer 1999, thrQugh April 11, 2000, Defendant has abused Plaintiff in ways including, but nQt limited to', shQving, grabbing, kicking, chQking, pulling her hair, thrQwing Qbjects such as a chair, and the televisiQn remQte cQntrQl at her, and Qn several QccasiQns threatening to' take his QWll life using firearms exacerbating Plaintiff's fear fQr her safety. 9. Defendant has threatened to' use firearms and/Qr specific weapQns during incidents where he has threatened to' take his O'Wll life. TO' the best QfPlaintiff's knO'wledge, all Qf the firearms and/ Qr weapO'ns Defendant Qwned and/O'r had in his PQssessiQn at the time he was served with the Emergency ProtectiQn FrQm Abuse Order Qn April 11, 2000, are nO' lQnger in his PQssessiO'n. Plaintiff desires that the CO'urt prohibit Defendant frQm acquiring Qr PQssessing any firearms fQr the term Qfthe Order. ~-" ' ~,', " ~ . '- ~"~ 10. The fO'llQwing PQlice departments Qr law enfQrcement agencies in the area in which Plaintiff lives shO'uld be provided with a CQPy Qfthe ProtectiQn Order: Pennsylvania State PO'lice - Plaintiff's residence Carlisle PQlice Department - Plaintiff's place Qf emplQyment 11. There is an inunediate and present danger Qf further abuse frO'm Defendant. 12. Plaintiff is asking the CQurt to' evict and exclude Defendant frQm the residence at 601 BlQserville RQad, Newville, Cumberland CQunty, Pennsylvania, which is O'wned by Plaintiff. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER. AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant frQm abusing, threatening, harassing, Qr stalking Plaintiff and/Qr minQr child in any place where she/he/they may be fQund. B. Evict and exclude Defendant frQm Plaintiff's current residence and prohibit Defendant frO'm attempting to' enter any tempQrary O'r permanent residence Qf the Plaintiff. C. Prohibit Defendant frQm having any contact with Plaintiff, either in persQll, by telephQne, Qr in writing, personally Qr tbrQugh third perSQns, including, but nQt limited to', any cO'ntact at Plaintift's current residence, any residence she may, in the future, establish fQr herself, or her place Qf emplQyment. D. Prohibit Defendant frQm having any cO'ntact with Plaintiffs relatives. E. Prohibit Defendant frQm transferring, acquiring O'r PQssessing any firearms and/Qr weapQns fQr the duratiO'n O'fthe Order. F. Order Defendant to' pay the CQsts O'f this actiQn, including filing and service fees. G. Order Defendant to' pay $250.00 to' reimburse Qne Qf Legal Services, Inc.'s funding SQurces tQward the CQst QflitigatiQn in this case. H. Order the fQllO'wing additiQnal relief, nO't listed abQve: Defendant is required to' relinquish to' the sheriff any firearm license and/ Qr permit to' carry a cQncealed weapQn Defendant may PQssess. Defendant's firearm license and/or permit to' carry a cO'ncealed weapQn may be returned at the expiratiO'n Qf the ProtectiO'n Order after Defendant has submitted a written Date: .L'", =,. . request to' the CQurt fQr the return Qfthe license and/Qr pennit and the CQurt has nQtified Plaintiff Qf the request and given Plaintiff an QPPQrtunity to' resPQnd. Defendant is to' refrain frQm harassing Plaintiff's relatives. I. Grant such Qther relief as the CQurt deems appropriate. J. Order the PQlice Qr Qther law enfO'rcement agency to' serve Defendant with a CQPY Qf this PetitiQn, any Order issued, and the Order fQr Hearing. The PetitiO'ner will infQrm the designated authO'rity Qf any addresses, Qther than Defendant's residence, where Defendant can be served. Respectfully submitted, till?;;. /!YO / I , Qan Carey, AttQmey r Plaintiff LEGAL SERVICES, INC. 8 Irvine RQW Carlisle, PA 17013 (717) 243-9400 -,,^ ' ~~, VERIFICATION I verifY that I am the PetitiO'ner as designated in the present actiQn and that the facts and statements contained in the abQve PetitiO'n are true and CQrrect to' the best O'f my knO'wledge. I understand that any false statements are made subject to' the penalties Qf 18 Pa.C.S.~4904, relating to' UnSWQffi falsificatiO'n to' authQrities. Dated: ';;I~ /00 Lx ~A/>l- ~rduc~ /' SharO'n Ann AndersQll, Plaintiff liiiiI~.m _r_ -'="-Iai_~__~IlIffli - ~'~~~iIi~ttW ~~ , "","""""~ '.C", " . ~.,,,.,,- '''- L :-:'~,. -.:j -;:1 rn . L. ::-:' '-'- " :s: '--', ~~ c:! C---J " - C~ ~ ,,:::.. :..n =< :u ( :0 -~ :