HomeMy WebLinkAbout00-02523
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Kathleen Ann Notz,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-2523 CIVIL TERM
Patricia Cugini,
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 rnust 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 Iftll day of December, 2002, at 9; (f2) Q.. .m., in
Courtroom No. -#-- on the 4th Floor of the Cumberland County Courthouse, I Courthouse Square,
Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court after
notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may
subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00
and/or up to six months in jail under 23 Pa.C.S. g61l4. Violation may also subject you to prosecution
and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. g2265, 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. 9 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer represent
you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer
or cannot afford one, go to or telephone the office set forth below to find out where you can get legal
help. If you cannot find a lawyer, you may have to proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
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Kathleen Ann Notz,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
Patricia Cugini,
Defendant
: No. 00-2523
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Patricia Cugini
Defendant's Date of Birth is: June 6, 1967
Name(s) of All protected persons, including Plaintiff and minor children:
1. Kathleen Ann Notz
AND NOW, on 10th Day of December, 2002 upon consideration of the attached
petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
Plaintiffs request for a temporary protection order is granted.
L Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any
other person protected under this Order, at any location, including but not limited
to any contact at Plaintiffs school, business, or place of employment.
3. Defendant shall not contact Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
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4. The following additional relief is granted:
- Defendant is prohibited from having any contact with Plaintiffs relatives.
- Defendant shall not damage or destroy any property owned by Plaintiff.
5. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Silver Spring Townhip Police Department
Middlesex Township Police Department
6. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for
Hearing without prepayment of costs. The Petitioner will inform the designated
authority of any addresses, other than the Defendant's residence, where Defendant
can be served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL JUNE 10,2004 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation ofthis 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. g6ll4. Consent of the 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.
g6l13. Defendant is further notified that violation ofthis 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 U.S.C. gg2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiffs
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 through 3 of this Order,
defendant shall 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
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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 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.
BYTHECO RT~d..
Judge
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PFAD Number: FCl593559N
Kathleen Ann Notz,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYL V ANlA
v.
Patricia Cugini,
Defendant
: No.
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Kathleen Ann Notz
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Kathleen Ann Notz
4. Plaintiffs Address is: 222 Texaco Road, Mechanicsburg, PA 17055
5. Defendant's Name is:
Patricia Cugini
6. Defendant is believed to live at the following address:
1300 Trindle Road, Carlisle, P A 17013
7. Defendant's Date of Birth is:
June 6, 1967
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8. Defendant's Place of employment is:
nnknown
9. Defendant is an adult.
10. The relationship between the Plaintiff and the Defendant is:
Brother / Sister
II. The Plaintiff and the Defendant been involved in the following court actions:
a. Protection From Abuse
12. Other details ofthe court action are:
Protection from Abuse fIled in Cumberland County May 2000
13. The defendant has been involved in a criminal court action.
14. The facts of the most recent incident of abuse are as follows:
On or about November 29, 2002, Defendant sent Plaintiff instant e-mail messages
threatening to come to Plaintiffs residence with a baseball bat and "take it" to Plaintiffs
legs. Defendant further threatened that she will be in jail for murder and and that she
would try for Plaintiffs head.
15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
child/ren, (including any threats, injuries, or incidents of stalking) are as follows:
In or around October 2002, Plaintiff sent a letter to Defendant asking that Defendant not
contact her at home or at her place of business.
In or around April 2000, Defendant followed Plaintiff from her work place in her car and
cut Plaintiff off with her vehicle. Defendant jumped out of her car, grabbed Plaintiff by
the hair and pulled her partially through the window. Plaintiff ended up on the ground
and Defendant repeatedly struck her with her fists. Defendant then went to the police and
fIled a false report. Defendant was eventually charged with fIling a false report and
simple assault. Plaintiff required medical treatment as a result of this incident.
Defendant is bi-polar and has a history of violence. As a result of Defendant's history and
current state of mind, Plaintiff fears for her personal safety.
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16. The police department(s) or law enforcement agencies that should be provided with a copy of
the protection order are:
Silver Spring Townhip Police Department
Middlesex Township Police Department
17. There is an immediate and present danger of further abuse from the Defendant.
18. FOR THE REASONS SET FORTH ABOVE, I REQUEST 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 and/or minor child/ren in any place where Plaintiff may be found.
b. Prohibit Defendant from having any contact with Plaintiff and/or minor
child/ren, either in person, by telephone, or in writing, personally or through
third persons, including but not limited to any contact at Plaintiffs school,
business, or place of employment, except as the court may fmd necessary
with respect to partial custody and/or visitation with the minor child/ren.
c. Prohibit Defendant from having any contact with Plaintiffs relatives and
Plaintiffs children listed in this petition, except as the court may find
necessary with respect to partial custody and/or visitation with the minor
child/ren.
d. Order the following additional relief, not listed above:
Defendant shall not damage or destroy any property owned by Plaintiff.
e. Grant such other relief as the court deems appropriate.
f. Order the police or other law enforcement agency to serve the Defendant
with 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 the Defendant's residence, where Defendant can be served.
Respectfully submitted,
Date:
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hihp C. Briganti, Atto y for Plaintiff
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
,
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
Pll.C.S.g4904, relating to unsworn falsification to authorities.
Dated:
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Kathleen Ann Notz, Plaintiff
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141001
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OFFICE OF TIlE PROTIlONOTARY
CUMBERLAND COUNTY COURTIIOUSE
ONE COURTIIOUSE SQUARE
CARLISLE, PA 17013" 3387
(717)240-6195
FAX (717) 240- 6573
VIA TELECOPIER
TO: PA STATE POLICE - CENTRAL PROCESSING
MUDPENNLEGALSERVICES
FAX #
FROM:
CURTIS R. LONG
RE:
FAXING A PFA
MESSAGE:
7 NO. OF PAGES (INCLUDING COVER SHEETS)
This message is intended for the use of the individual or entity to which it is addressed, and it may contain
Information that is privileged, confidential and exempt from dillclosme under applicable law. If the reader
of this message is nor the intended recipient" you are hereby notified that any dissamination. distribution or
copying of this eOIllInunication is strictly prolubited. If you have received this eommunieation in error,
please notify US immediately by telephone and return the original message to us at the above address via the
U. S. postal service. Thank you '
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Kathy Notz, for herself and on:IN THE COURT OF COMMON PLEAS
behalf of her minor children,
Kelly, Jessica, Tammy, and :OF CUMBERLAND COUNTY, PENNSYLVANIA
Daniel Notz,
Plaintiff
v.
:NO. 00-2523
CIVIL TERM
patricia Cugini,
Defendant
:PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name: patricia Cugini
Defendant's Date of Birth: 6/7/67
Defendant's Social Security Number:Unknown
Names of all Protected Persons, including Plaintiff and minor
children: Kathey Noz, and her minor children, Tammy, Kelly,
Jessica, and Daniel
AND NOW, this ~~ttday of May, 2000, the court having
jurisdiction over the parties and the subject-matter, it is
ORDERED, ADJUDGED, and DECREED as follows:
Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.;
Defendant is represented by The Family Law Clinic. The parties
agree that the following may be entered as an Order of Court.
Defendant, although agreeing that an Order may be entered, does
not admit to the allegation made in the Petition.
o Plaintiff's request for a Final Protection Order is denied OR
~ Plaintiff's request for a Final Protection Order is granted.
~ 1. Defendant shall not abuse, stalk, harass, threaten
Plaintiff or any other protected person in any place where they
might be found.
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o 2. Defendant is completely evicted and excluded from the
residence at * [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS
EXCLUDED] 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 [Insert date and time], 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. Defendant is prohibited from having ANY CONTACT with
Plaintiff at any location, including, but not limited to any
contact at Plaintiff's business or place of employment.
Defendant is specifically ordered to stay away from the following
locations for the duration of this Order: Plaintiff's residence
located at 923 West Trindle Road, Cumberland County,
Pennsylvania, and Plaintiff's place of employment located at 901
West Trindle Road, Mechanicsburg, Pennsylvania.
~ 4. Defendant shall not contact Plaintiff by telephone or by
any other means, including third parties.
o 5. Custody of the minor children, [names of the children
subject to 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.
5 8. The following additional relief is granted as authorized
by S6l08 of this Act:
a. This Order shall remain in effect until modified or
ter.minated by the Court and can be extended beyond its original
expiration date if the Court finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of har.m to Plaintiff.
b. Defendant is enjoined from damaging or destroying any
property owned solely by Plaintiff.
c. Defendant is to refrain from harassing Plaintiff's
relatives or the minor children.
d. The court 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 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.
~ 11. Defendant shall pay $43.24 to Plaintiff as compensation
for Plaintiff's unreimbursed medical expenses due to injuries
resulting from the incident which occurred on or about April 12,
2000. Defendant shall pay to Plaintiff within 60 days of the
entry of this Order.
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
1.0 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.
2.0 This Order is being entered after a hearing of which
Defendant received actual notice and had an opportunity to be
heard.
3.0 Paragraph 1 of this Order has been checked to restrain
Defendant from harassing, stalking, or threatening Plaintiff or
protected person{s) .
4.0 Defendant represents a credible threat to the physical
safety of Plaintiff or other protected person{s) OR
o The terms 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.
~ 13. THIS ORDER SUPERCEDES ~ ANY PRIOR PFA ORDER AND 0 ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
~ 14. All provisions of this Order shall expire in one year.
NOTICE TO 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. 56114. 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 TaE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C.
52265. 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. 55 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. 5922(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 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. 56113.
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 [insert
the appropriate name or title] 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, Plaintiff's presence and signature are not
required to file the complaint.
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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.
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If entered pursuant to the consent of Plaintiff and Defendant:
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Kathy tz, P ntiff
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patricia Cugini, Defendant
oan Carey
Legal Services, Inc.
a Irvine Row
Carlisle, PA 17013
Intern
Su sing ttorney
Family Law Clinic
45 North pitt Street
Carlisle, PA 17013
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Kathy Notz, for herself and on behalf of : IN THE COURT OF COMMON PLEAS OF
her minor children, Kelly, Tammy, Jessica
and Daniel Notz : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2000- 2523 CIVIL TERM
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Patricia Cugini,
Defendant
: PROTECTION FROM ABUSE
ORDER OF COURT
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AND NOW, this 20th day of June, 2000, upon consideration of the attached Petition, the
Final Protection Order in the above-captioned case entered on May 22, 2000, is hereby vacated and
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the action withdrawn without prejudice to Plaintiff.
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By the Court/ '
Joan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
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Donald Marritz
Attorney for Defendant
FAMILY LAW CLINIC
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Kathy Notz, for herself and on behalf of : IN THE COURT OF COMMON PLEAS OF
her minor children, Kelly, Tammy, Jessica
and Daniel Notz : CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 2000- 2523 CIVIL TERM
Patricia Cugini,
Defendant
: PROTECTION FROM ABUSE
PETITION TO VACATE ORDER
AND WITHDRAW ACTION
Plaintiff, Kathy Notz, by and through her attorney, Joan Carey of Legal Services, Inc.,
requests that the Court vacate the Final 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 24, 2000, scheduling a hearing for
May I, 2000, at I :30 p.m. before Judge Bayley in Courtroom No.2 of the Cumberland County
Courthouse. A Final Protection Order was entered on May 22, 2000, by agreement of the parties.
2. The parties are in the process of reconciling their differences and they will be
attending counseling.
3. Plaintiff requests that the Final Protection Order be vacated and the action withdrawn
without prejudice to her.
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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,
Joan Carey, Attorney r Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
"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:
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Kathleen Notz, Plaintiff
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*** TX REPORT ***
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1959
92490779
06/23 12:40
03'57
6
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KATHY NOTZ,FOR THEMSELVES
AND ON BEHALF OF THEIR MINOR CHILDREN,
KELLY, JESSICA, TAMMY, AND DANIEL NOTZ
VS.
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 00 -),j16
CIVIL TERM
PATRICIA CUGINI,
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
~ ' 2000, at 1'. '60
the C erland County Courthouse, Carlisle,
for the {6l- day of
? .m., in Courtroom No.~ of
Pennsylvania.
You MUST obey the Order that is attached until it is modified or
terminated by the court after notice and hearing. If you disobey this Order,
the pOlice may arrest you. Violation of this Order may subject you to a
charge of indirect criminal contempt which is punishable by a fine of up to
$1,000.00 and/or up to six months in jail under 23 Pa.C.S. 56114. Violation
may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, 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. 52261-2262.
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 A1nericans with Disabilities Act of 1990. For information
about accesaible 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.
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KATHY NOTZ,FOR HERSELF AND ON BEHALF
OF HER MINOR CHILDREN, KELLY, JESSICA,
TAMMY, AND DANIEL NOTZ
VS.
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 00 -
CIVIL TERM
PATRICIA CUGINI,
DEFENDANT
:PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: patricia Cugini
Defendant's Date of Birth: 6/7/67
Defendant's Social Security Number: Unknown
Name of All Protected Persons: Kathy Notz, and her minor
children, Kelly, Jessica, Tammy, and Daniel.
AND NOW, this dJ.'-ft/i. day of April, 2000, upon consideration
of the attached petition for Protection from Abuse, the court
hereby enters the following Temporary Order:
~ 1. Defendant shall not abuse, harass, stalk or threaten any
of the above persons in any place where they might be found.
o 2. Defendant is evicted and excluded from Plaintiff's
residence located at , Cumberland County, Pennsylvania, (a
residence which is jointly owned/leased by the parties;
owned/leased by the entireties; owned/leased solely by
plaintiff/Defendant to which plaintiff and the minor child/ren
moved to avoid abuse, which is not owned or leased by the
Defendant, 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, except for the limited
purpose of transferring custody of the parties' child/ren.
Defendant shall remain in his vehicle at all times during the
transfer of custody.)
~ 3. Defendant is prohibited from having ANY CONTACT with
Plaintiff at any location, including, but not limited to any
contact at Plaintiff's school, business, or place of employment.
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Defendant is specifically ordered to stay away from the following
locations for the duration of this Order: Plaintiff's residence
located at 923 West Trindle Road, Mechanicsburg, Cumberland
County, Pennsylvania, which is not owned or leased by Defendant,
and Plaintiff's place of employment located at 901 West Trindle
Road, Mechanicsburg, Pennsylvania. Defendant is also ordered to
stay away from the minor children's school located at Monroe
Elementary, Eagle View M.S., and Cumberland Valley High School.
Defendant is additionally ordered to stay away from oldest
child's employment at The Hampden Pool, Sporting Hill Road,
Mechanicsburg.
~ 4. Defendant shall not contact Plaintiff by telephone or by
any other means, including through third persons.
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 care and control of Plaintiff in accordance with the terms
of this Order.
o 6. Defendant shall immediately relinquish the following
weapons to the Sheriff's Office or a designated local law
enforcement agency for the delivery to the Sheriff's Office:
Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this Order.
~ 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 shall not send a copy of this Order to Defendant by
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This Order shall remain in effect until modified or
ter.minated by the Court and can be extended beyond its original
expiration date if the Court finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of har.m to Plaintiff and/or the minor
children.
Defendant is enjoined from damaging or destroying any
property owned by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives
or the minor children.
~ 8. A certified copy of this Order shall be provided to the
police department where Plaintiff resides and any other agency
specified hereafter: Pennsylvania State Police, Mechanicsburg,
and Silver Springs Township Police.
o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR
ORDER RELATING TO CHILD CUSTODY
~ 10.
REMAIN
NOTICE
THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER
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 fine of up to $1,000.00 and/or up to six months
in jail. 23 Pa.C.S. 56114. Consent of 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. 56113. 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. 55 2261-2262. Anv protection order aranted
bv a court may be considered in any subseauent proaeedinas.
includina child custodv proceedinas. 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.
BY THE
Judge
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KATHY NOTZ,FOR HERSELF AND ON BEHALF
OF HER MINOR CHILDREN, KELLY, JESSICA,
TAMMY, AND DANIEL NOTZ
VS_
: IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
;NO. 00 - <<5J-3 CIVIL TERM
PATRICIA CUGINI,
DEFENDANT
:PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
I. Plaintiffs name is Kathy Notz.
2. This Petition is filed on behalf of Kathy Notz for herself and her minor children, Kelly,
Jessica, Tammy and Daniel Notz,.
3. The names of ALL the persons, including Plaintiff and minor children, who seek
protection from abuse are Kathy Notz and her minor children, Kelly, Jessica, Tarmny, and Daniel
Notz.
4. Plaintiffs address is 923 West Trindle Road, Mechanicsburg, Pennsylvania.
5. Defendant is believed to live at 412 West Simpson Street, Mechanicsburg, Pennsylvania.
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is 6/7/67.
Defendant's place of employment is unknown to Plaintiff.
6. Defendant is Plaintiffs sister.
7. The facts of the most recent incident of abuse are as follows:
On or about April 12, 2000, Defendant blocked Plaintiff's vehicle with her own, got
out of the vehicle, approached Plaintiff's vehicle, reached inside the window,
grabbed Plaintiff by the hair, and pulled her head through the window. Defendant
pulled Plaintiff out of the vehicle by her hair and repeatedly punched her in the head.
A passerby yelled at Defendant to stop and called the police. Defendant fled the
scene. As a result of the incident, Plaintiff suffered swelling and bruising on her neck
and swelling under her right eye. The police stated to Plaintiff that Defendant would
be arrested for assault, harassment, and filing a false police report.
8. Defendant has committed the following prior acts of abuse against Plaintiff or the minor
children:
a. On or about February 19, 2000, Defendant sent Plaintiff an e-mail
threatening that Plaintiff's daughter might have and accident if Defendant
saw her out driving causing Plaintiff to fear for her daughter's safety.
b. In or about August 1999, Defendant hit Plaintiff on top of her head with a
portable phone.
c. Since approximately August 1999, Defendant has abused Plaintiff in the ways
including the following: Defendant has made numerous threatening phone
calls to Plaintiff and her family causing Plaintiff to fear for her family's safety
and change her phone number. On one occasion, Defendant pulled into the
driveway of Plaintiff s place of employment of which Plaintiff thought
Defendant had no knowledge causing Plaintiff to fear for her safety.
9. 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 Pennsylvania State Police,
Mechanicsburg Police, and the Silver Springs Township Police.
10. There is an immediate and present danger of further abuse from the Defendant.
11. Plaintiff is asking the Court to order Defendant to stay away from the residence at 923
West Trindle Road, which is owned by Plaintiff.
12. Plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse
described above: Plaintiff is asking for reimbursement of medical expenses incurred due to the
incident of abuse which occurred on or about April 12, 2000.
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 and/or minor
children 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 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 school, business, or place of employment.
D. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children
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listed in this Petition.
E. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as a result of the
abuse, to be determined at the hearing.
F. Order Defendant to pay the costs of this action, including filing fees, service fees, and
surcharge of$25.00.
G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources
for the cost oflitigation in this case.
H. Order the following additional relief, not listed above:
a. Defendant is enjoined from damaging or destroying any property owned by the by
Plaintiff.
b. Defendant is to refrain from harassing Plaintiff's relatives or the minor children.
I. Grant such other relief as the court deems appropriate.
Order the police or other law enforcement agency to serve Defendant with a copy ofthis
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,
ch::@M7
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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VERIFICATION
I verity 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. g4904,
relating to unsworn falsification to authorities.
Dated: If-;q ~ 00
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Kathleen Ann Notz,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-2523 CIVIL TERM
Patricia Cugini,
Defendant
: PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this ~ day of December, 2002, upon consideration of the attached
Motion for Continuance, the matter scheduled for hearing on December 18, 2002 at 9:00 a.m. by
this Court's Order of December 10, 2002, is hereby rescheduled for hearing on January 17, 2003
at 11:00 a.m. in Courtroom No.4 on the 4th Floor of the Cumberland County Courthouse, I
Courthouse Square, Carlisle, Pennsylvania.
The Temporary Protection From Abuse Order shall remain in effect through June 10,
2004, or until further Order of Court, whichever comes first.
By the Court,
Joan Carey, Attorney for Plaintiff J
MidPenn Legal Services '''r;' 1.1> fVJ. r J., . S
8 Irvine Row
Carlisle, PA 17013
-rid
A. Hess, Judge
Patricia Cugini, Pro Se Defendant
Cumberland County Sheriffs Office
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Kathleen Ann Notz,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-2523 CIVIL TERM
Patricia Cugini,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff, Kathleen Ann Notz, by and through her attorneys, Philip Briganti and Joan
Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the
above-captioned case on the grounds that:
1. A Temporary Protection From Abuse Order was issued by this Court on
December 10, 2002, scheduling a hearing for December 18, 2002 at 9:00 a.m.
2. The Cumberland County Sheriffs Department has not been able to serve
Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for
Protection From Abuse because of her hospitalization in a mental health facility.
3. The Plaintiff requests, by and through her counsel, that the hearing be
rescheduled.
4. Plaintiff requests that the Temporary Protection From Abuse Order remain in
effect through June 10, 2004, or until further Order of Court, whichever comes first.
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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 through June 10, 2004, or until further Order of Court, whichever comes first.
Respectfully Submitted,
an Carey, Attorney for
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-02523 P
COMMONWEADTH.OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NOTZ KATHY ET AL
VS
CUGINI PATRICIA
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
CUGINI PATRICIA
but was
unable to locate Her in his bailiwick. He therefore returns the
PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER, TEMPORARY ORDER,
PETITION AND CONTINUANCE ORDER , NOT FOUND , as to
the within named DEFENDANT , CUGINI PATRICIA
DEFENDANT IS NO LONGER AT HOLY SPIRIT REHAB. HUSBAND STATES DEFENDANT
IS NOT AT THE RESIDENCE.
Sheriff's Costs:
Docketing
Service
Not Found R~turn
Surcharge
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R. Thomas Klin
Sheriff of Cumberland County
18.00
6.90
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39.90
00/00/0000
Sworn and subscribed to before me
this .1.1 ~
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Kathleen Ann Notz,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-2523 CIVIL TERM
Patricia Cugini,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HA VB BEEN SUED IN COURT. If you wish to defend againstthe claims set forth in the
foilowing 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 I ~1hday of December, 2002, at OJ \00 a. .m., in
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Courtroom No. on the 4 Floor of the Cumberland County Courthouse, I Courthouse Square,
Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court after
notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may
subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00
and/or up to six months in jail under 23 Pa.C.S. g6ll4. Violation may also subject you to prosecution
and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. g2265, 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. 9 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer represent
you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer
or cannot afford one, go to or telephone the office set forth below to find out where you can get legal
help. If you cannot find a lawyer, you may have to proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
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Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYL V ANlA
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Patricia Cugini,
Defendant
: No. 00<!523
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: PROTECTION FROM ABUSE
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TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Patricia Cugini
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Defendant's Date of Birth is: June 6, 1967
Name(s) of All protected persons, including Plaintiff and minor children:
1. Kathleen Ann Notz
AND NOW, on 10th Day of December, 2002 upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
Plaintiffs request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any
other person protected under this Order, at any location, including but not limited
to any contact at Plaintiffs school, business, or place of employment.
3. Defendant shall not contact Plaintiff, or any other person protected tmder this
Order, by telephone or by any other means, including through third persons.
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4. The following additional relief is granted:
- Defendant is prohibited from having any contact with Plaintitl"s relatives.
- Defendant shall not damage or destroy any property owned by Plaintiff.
5. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Silver Spring Townhip Police Department
Middlesex Township Police Department
6. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for
Hearing without prepayment of costs. The Petitioner will inform the designated
authority of any addresses, other than the Defendant's residence, where Defendant
can be served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
7. TIllS ORDER APPLIES IMMEDIA TEL Y TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL JUNE 10, 2004 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY TIllS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE 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 injail. 23 Pa.C.S. g61l4. Consent of the 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.
g6113: 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. 99226l-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiffs
residence OR any location where a violation ofthis order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 through 3, of this Order,
defendant shall 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
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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 weapon/s are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
BY THE COURT:
/S/ Ie tv I h A. li.:es..L
Judge
Dff f'VVl h ff \ 0 I <-CD .z.
Date
Distribution to:
Legal Services
Faxed & Mailed to PSP
TRUE COPY FROM RECORD
,n TestlrnOJIy wheIOOf, I here unto set my hanG
~nd of" at CarliSle, Pa..
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PFAD Number: FC1593559N
Kathleen Ann Notz,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYL V ANlA
v.
Patricia Cugini,
Defendant
: No.
: CIVIL ACTION " LAW
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Kathleen Ann Notz
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Kathleen Ann Notz
4. Plaintiffs Address is: 222 Texaco Road, Mechanicsburg, PA 17055
5. Defendant's Name is:
Patricia Cugini
6. Defendant is believed to live at the following address:
1300 Trindle Road, Carlisle, P A 17013
7. Defendant's Date of Birth is:
Jnne 6, 1967
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8. Defendant's Place of employment is:
unknown
9. Defendant is an adult.
10. The relationship between the Plaintiff and the Defendant is:
Brother I Sister
II. The Plaintiff and the Defendant been involved in the following court actions:
a. Protection From Abuse
12. Other details of the court action are:
Protection from Abuse fIled in Cumberland Connty May 2000
13. The defendant has been involved in a criminal court action.
14. The facts of the most recent incident of abuse are as follows:
On or about November 29, 2002, Defendant sent Plaintiff instant e-mail messages
threatening to come to Plaintiffs residence with a baseball bat and "take it" to Plaintiffs
legs. Defendant further threatened that she will be in jail for murder and and that she
would try for Plaintiffs head.
15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
child/ren, (including any threats, injuries, or incidents of stalking) are as follows:
In or around October 2002, Plaintiff sent a letter to Defendant asking that Defendant not
contact her at home or at her place of business.
In or around April 2000, Defendant followed Plaintiff from her work place in her car and
cut Plaintiff off with her vehicle. Defendant jumped out of her car, glrabbed Plaintiff by
the hair and pulled her partially through the window, Plaintiff ended up on the ground
and Defendant repeatedly strnck her with her fists. Defendant then went to the police and
fIled a false report. Defendant was eventually charged with filing a false report and
simple assault. Plaintiff required medical treatment as a result of this incident.
Defendant is bi-polar and has a history of violence. As a result of Defendant's history and
current state of mind, Plaintiff fears for her personal safety.
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16. The police department(s) or law enforcement agencies that should be provided with a copy of
the protection order are:
Silver Spring Townhip Police Department
Middlesex Township Police Department
17. There is an immediate and present danger of further abuse from the Defendant.
18. FOR THE REASONS SET FORTH ABOVE, I REQUEST 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 and/or minor childlren in any place where Plaintiff may be found.
b. Prohibit Defendant from having any contact with Plaintiff and/or minor
child/ren, either in person, by telephone, or in writing, personally or through
third persons, including but not limited to any contact at Plaintiffs school,
business, or place of employment, except as the court may fmd necessary
with respect to partial custody and/or visitation with the minor child/ren.
c. Prohibit Defendant from having any contact with Plaintiffs relatives and
Plaintiffs children listed in this petition, except as the court may find
necessary with respect to partial custody and/or visitation with the minor
child/ren.
d. Order the following additional relief, not listed above:
Defendant shall not damage or destroy any property owned by Plaintiff.
e. Grant such other relief as the court deems appropriate.
f. Order the police or other law enforcement agency to serve the Defendant
with 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 the Defendant's residence, where Defendant can be served.
Respectfully submitted,
Date:
/02/ It) / () d.....-
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hiiip C. Briganti, Atto y for Plaintiff
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
VERlFICA TION
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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:
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Kathleen Ann Notz, Plaintiff
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Kathleen Ann Notz,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-2523 CIVIL TERM
Patricia Cugini,
Defendant
: PROTECTION FROM ABUSE
ORDERFORCONT~ANCE
AND NOW, this 11g,,- day of December, 2002, upon consideration of the attached
Motion for Continuance, the matter scheduled for hearing on December 18,2002 at 9:00 a.m. by
this Court's Order of December 10, 2002, is hereby rescheduled for hearing on January 17, 2003
at II :00 a.m. in Courtroom No.4 on the 4th Floor of the Cumberland County Courthouse, I
Courthouse Square, Carlisle, Pennsylvania.
The Temporary Protection From Abuse Order shall remain in effect through June 10,
2004, or until further Order of Court, whichever comes first.
By the Court,
l/ 11{..,~ C. /~
evin A. Hess, Judge
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Patricia Cugini, Pro Se Defendant
Cumberland County Sheriffs Office
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Kathleen Ann Notz,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLV ANlA
: NO. 00-2523 CIVIL TERM
Patricia Cugini,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
Plaintiff, Kathleen Ann Notz, by and through her attorneys, Philip Briganti and Joan
Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the
above-captioned case on the grounds that:
1. A Temporary Protection From Abuse Order was issued by this Court on
December 10, 2002, scheduling a hearing for December 18, 2002 at 9:00 a.m.
2. The Cumberland County Sheriffs Department has not been able to serve
Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for
Protection From Abuse because of her hospitalization in a mental health facility.
3. The Plaintiff requests, by and through her counsel, that the hearing be
rescheduled.
4. Plaintiff requests that the Temporary Protection From Abuse Order remain in
effect through June 10, 2004, or until further Order of Court, whichever comes first.
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Respectfully Submitted,
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an Carey, Attorney for intiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-02523 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NOTZ KATHY ET AL
VS
CUGINI PATRICIA
JASON VI ORAL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
CUGINI PATRICIA
the
DEFENDANT
, at 1110:00 HOURS, on the 12th day of February, 2003
at 104 S SPORTING HILL ROAD
MECHANICSBURG, PA 17055
by handing to
PATRICIA CUGINI
a true and attested copy of PROTECTION FROM ABUSE
together with
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and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
6.90
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10.00
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34.90
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LEGAL SERVICES
Sworn and Subscribed to before
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Kathleen Ann Notz,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV AN:*R 1 ~
v.
: NO. 00-2523 CIVIL TERM
Patricia Cugini,
Defendant
: PROTECTION FROM ABUSE
ORDER FOR HEARING
AND NOW, this /,.... day of March, 2003, upon consideration of the attached Motion
for Hearing, the matter continued generally by this Court's Order of January 13, 2003, is hereby
rescheduled for hearing on April 2, 2003 at I :30 p.m. in Courtroom No.4 on the 4th Floor of the
Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania.
The Temporary Protection From Abuse Order shall remain in effect through June 10,
2004, pending a hearing in this matter.
By the Court,
Margaret M. Simok, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
Patricia Cugini, Pro Se
1301 Trindle Road
Carlisle, PA 17013
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Kathleen Ann Notz,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-2523 CIVIL TERM
Patricia Cugini,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR HEARING
Plaintiff, Kathleen Ann Notz, by and through her attorney, Margaret M. Simok of
MidPenn Legal Services, 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
December 10,2002, scheduling a hearing for December 18, 2002 at 9:00 a.m. That hearing was
rescheduled the hearing for January 17,2003 at 11:00 a.m. On January 13,2003, subsequent
Order of Court, continued the matter generally.
2. The Cumberland County Sheriffs Department served Defendant with a certified
copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse
and subsequent continuance orders on February 12, 2003.
3. Defendant indicated to MidPenn Legal Services staff on March 10,2003, that she
desired a hearing in this matter.
4. Plaintiff requests that the Temporary Protection From Abuse Order remain in
effect through June 10, 2003, pending a hearing in the matter.
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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 through June 10,2004 pending a hearing in the matter.
Respectfully Submitted,
MIDPENN LEGAL SERVICES
BY: ~ /'YL~
Margar M. Slmok, Attorney for PlamtIff
8 Irvine Row
Carlisle, PA 17013
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KATHY NOTZ,FOR HERSELF AND ON BEHALF
OF HER MINOR CHILDREN, KELLY, JESSICA,
TAMMY, AND DANIEL NOTZ
VS.
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 00 - 2523
CIVIL TERM
PATRICIA CUGINI,
DEFENDANT
:PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this ttkday of May, 2000, upon consideration of the attached Motion for
Continuance, the matter continued scheduled for hearing on May I, 2000, by this Court's Order of
April 24, 2000, is hereby rescheduled for hearing on May 22, 2000, at 10:30 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.
Edgar B. Bayley,
Joan Carey _
LEGAL SERVICES, INC.- (~ a.-/k'!.. 12/k..-.._ t1f
Attorney for Plaintiff dI" ~ -- / - m r7
FAMILY LAW CLINIC - "11~ ~
Attorney for Defendant
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KATHY NOTZ,FOR HERSELF AND ON BEHALF
OF HER MINOR CHILDREN, KELLY, JESSICA,
TAMMY, AND DANIEL NOTZ
VS.
: IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 00 - 2523
CIVIL TERM
PATRICIA CUGINI,
DEFENDANT
:PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The Plaintiff, Kathy Notz, 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 April 24,
2000, scheduling a hearing for May I, 2000, at I :30 p.m.
2. The Cumberland County Sheriffs Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at the
Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania, on April 25 , 2000,
at 12:06 p.m.
3. The Defendant has retained the Family Law Clinic to represent him in the matter and
they have requested that the hearing scheduled for May I, 2000, be continued.
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.
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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,
~y, Attome or Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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Kathleen Ann Notz,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
. v.
: NO. (Xl-2523 CIVIL TERM
Patricia Cugini,
Defendant
: PROTECTION FROM ABUSE
ORDER FOR GENERAL CONTINUANCE
AND NOW, this j:Jwt day of January, 2003, upon consideration of the attached Motion
for General Continuance, the matter scheduled for hearing on January 17, 2003 at 9:00 a.m. by
this Court's Order of December 17, 2002, is hereby continued generally
This Order is entered without prejudice to either party to request a hearing.
The Temporary Protection From Abuse Order shall remain in effect through June 10,
2004, or until further Order of Court, whichever comes first.
By the Court,
v?hilip Briganti, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
Patricia Cugini, Pro Se Defendant
Cumberland County Sheriffs Department
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v.
: NO. 012-2523 CIVIL TERM
Patricia Cugini,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR GENERAL CONTINUANCE
Plaintiff, Kathleen Ann Notz, by and through her attorneys, Philip Briganti and Joan
Carey of MidPenn Legal Services, moves the Court for an Order continuing generally the
hearing in the above-captioned case on the grounds that:
1. A Temporary Protection From Abuse Order was issued by this Court on
December 10, 2002, scheduling a hearing for December 18, 2002 at 9:00 a.m. On December 17,
2002, subsequent Order of Court rescheduled the hearing for January 17, 2003 at 11:00 a.m.
2. The Cumberland County Sheriffs Department has been unable to serve Defendant
with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection
From Abuse and Continuance Order.
3. Plaintiff desires that the hearing be continued generally pending further Order in
this matter.
4. Plaintiff requests that the Temporary Protection From Abuse Order remain in
effect through June 10, 2004, or until further Order of Court, whichever comes first.
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WHEREFORE, Plaintiff requests that the Court grant this Motion and continue
this matter generally and that the Temporary Protection From Abuse Order remain in
effect through June 10, 2004, or until further Order of Court, whichever comes first.
Respectfully Submitted,
. ip Briganti, Attorney
Joan Carey, Attorney for
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Plaintiff
aintiff
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-02523 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NOTZ KATHY ET AL
VS
CUGINI PATRICIA
JODY SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
CUGINI PATRICIA
the
DEFENDANT
, at 0012:06 HOURS, on the 25th day of April
, 2000
at CUMBERLAND CO. SHERIFF'S DEPT 1 COURTHOUSE SQUARE
CARLISLE, PA 17103 by handing to
PATRICIA CUGINI
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.20
.00
10.00
.00
34.20
So Answers:
r~~e
R. Thomas Kline
04/25/2000
Sworn and Subscribed to before
By:
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me
day of
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Kathleen Ann Notz,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-2523 CIVIL TERM
Patricia Cugini,
Defendant
: PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW, this Z 11' day of April, 2003, the Temporary Protection From Abuse Order in
the above-captioned case entered on December 10, 2002, is hereby vacated and the action withdrawn
without prejudice to Plaintiff.
A certified copy of this Order shall be provided to the Police Department by Plaintiff s
attorney.
By the Court,
Margaret Simok, Attorney for Plaintiff
MidPenn Legal Services - 1:\ 0..'-.) IYE.I:;:\
8 Irvine Row PeR~of\ol\lY
Carlisle, PA 17013 0
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Carlisle, PA 17013
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CUM8ERUJ'D CQUNTY
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04/23/03 WED 15:21 FAX 717 240 6573
***************************
u. MULTI TN REPORT ...
***************************
CUMB CO PROTHONOTARY
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OFFICE OF THE PROTHONOTARY
CUMBERLAND COUNTY COURTHOUSE
ONE COlm.THOUSE SQIJARE
CARLISLE, P A 17013 - 3387
(717)240-6195
FAX (717) 240- 6573
VIA TELECOPIER
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TO: PA STATE POLICE - CENTRAL PROCESSING
MIDPENN LEGAL SERVICES
FAX #
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CURTIS R. LONG
FAXING APFA
RE:
MESSAGE:
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