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HomeMy WebLinkAbout00-03434 i>w, , . (J"i . JIm 0 6 2000 Stephanie Foster, : IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Defendant :NO. 00 - 3 '1?>,"\ :PROTECTION FROM ABUSE CIVIL TERM Thomas Quaca, 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. /f'I"l A hearing on this matter is scheduled for the I~ day of, June 2000, at If): 30~., in Courtroom NO...'3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation 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 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. .. f1Wllll!lll"_ ~....,,___,. !1M ~. .~.~ ." .." .- ,-,",^".. '-'''' .. -' y~.- F\LED,,'O~r\CE C- ",.,,\'"' ,(,Y01",rN .[- \"~'.'_j'j'''I\)\'~UIrJl\ GO Jl\H - b Pt', \2: \ 9 C\.JMb'2i\\.i'l~D couNTY PENNS'ILVA\\j\/\ " ~ ~ n '""':~~ ~ ."" ~__~,A U!. _.,~ljfi- ~lrJ!l'll~~ ~i!fIl!'.IlWIl,_~"..,...,.... , "".>';< I I 1 "~_ " ~ -- '''''" ''''''it Stephanie 1. Foster, Plaintiff : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. Thomas E. Quaca, Defendant : No. (}-O, 3 tt 3 't ~ I{..u.- : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Thomas E. Quaca Defendant's Date of Birth is: June 11, 1969 Defendant's Social Security Number is: 465-49-1876 " Name(s) of All protected persons, including Plaintiff and minor children: I. Stephanie L. Foster AND NOW, on 6th Day of June, 2000 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 shall be evicted and excluded from the residence at: 2201 Cedar Run Drive AptF Camp Hill, P A 17011 3. 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. Defendant is specifically ordered to stay away from the following locations for the duration ofthis order. Any place of employment Plaintiff may establish. 4. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. ..._.....J., . - "~'" -.. - _.~'t< 5. The following additional relief is granted: - Defendant is enjoined from damaging or destroying Plaintiffs property. - Defendant is to refrain from harassing Plaintiff's relatives. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Lower Allen Police Department Hampden Township Police 7. 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. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL DECEMBER 6, 2001 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS 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 in jail. 23 Pa.C.S. ~6114. 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. ~6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 4 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 oflaw 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 ofthe 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. _!>d0- -- ,~ !'- . - ~, Co _ - >,; __ '0 L~l ,,~c~___._ Juage Irl/ ~ c: ~}. Date Distribution to: J- L s Legal Services ~ ~ '!A .' Faxed & Mailed t6 PSP - L.!IJC./ov . I" ~~ ,--.. , ',; , _._""\~~,- PF AD Number: BVI0956570 Stephanie 1. Foster, Plaintiff : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, : PENNSYL VANIA v. Thomas E. Quaca, Defendant : No. fHJ - 31./3'-1 ~ T..<--- : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . PETITION FOR PROTECTION FROM ABUSE I. Plaintiff's name is: Stephanie L. Foster 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. Stephanie L. Foster 4. Plaintiff's Address is : 2201 Cedar Run Drive, Apt. F , Camp Hill, P A 17011 5. Defendant's Name is: Thomas E. Quaca 6. Defendant is believed to live at the following address: 2201 Cedar Run Drive, Apt F , Camp Bill, P A 17011 7. Defendant's Social Security Number is: 465-49-1876 8. Defendant's Date of Birth is: June 11, 1969 ,. - --< '" --~. I L ~" - ~~ " ~: _~1l,' 9. Defendant's Place of employment is: Deerdorff Landscaping 10. Defendant is an adult. II. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 12. The defendant has been involved in a criminal court action. 13. The defendant is not currently on probation / parole 14. The facts of the most recent incident of abuse are as follows: On or about May 31, 2000, D.efendant threatened that he would go to jail before he would lose Plaintiff causing her to fear for her safety. 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: On or about May 28, 2000, Defendant threatened that if he could not have Plaintiff, no one would. Defendant stood in front of Plaintiff and threatened that he would kill her and then himself. When Plaintiff attempted to can the police, Defendant came up behind her and puned the phone cord out of the the wan. Defendant wrapped his arms around Plaintiff, sat her down on the sofa, and restrained her there by keeping his arms wrapped around her. On or about May 20, 2000, Defendant put Plaintiff on to the couch, got on top of her, and threatened to kill her. Defendant pressed his fingers into her throat and squeeze her neck. When the Plaintiff got free, Defendant grabbed her arms, covered her mouth and nose, and pressed up on her jaw so she could not scream. Plaintiff suffered bruises to her arm and soreness to her mouth and jaw. On or about May 13, 2000, Defendant blocked the doorway and would not anow Plaintiff to leave the residence causing her to fear for her safety. Since approximately Spring 1998, Defendant has abused Plaintiff in ways including the following: pushed, grabbed, and threatened to kill her. On one occasion, Defendant repeatedly pushed Plaintiff by the forehead forcing her head to bend backwards causing her pain. On separate occasions, Defendant has kicked plaintiff's mother's dog and lured a cat into Plaintiff's apartment and slapped it on the head. 16. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Lower Allen Police Department Hampden Township Police 17. There is an immediate and present danger of further abuse from the Defendant. 18. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 2201 Cedar Run Drive ~~ ~. - n~_ ,0,;;; oj" - > _, -''''--'1- AptF Camp H~n, P A 17011 Rented By:Stephanie Foster 19. 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. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or pennanent residence of the Plaintiff. c. 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 Plaintiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the coll1'l may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Order Defendant to pay the costs of this action, including filing and service fees. f. Order the following additional relief, not listed above: - Order Defendant to pay $250.00 to reimburse one of Legal Services, Ine. funding sources for the cost of litigation in this case. - Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. - Defendant is to refrain from harassing Plaintiff's relatives. g. 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 bY#~ Agency: Legal Services, Inc. ,. -,. -.^, 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 authorities. Dated: h -Ci .co ~iX :~1/L~ Steph e Foster, Plaintiff ^' .~.' ~Jl;i\l,_IfW~"'il:~~c:M~W~lii[jl!illI.~l;;;'iIl#J;t;;jjJM~~Ii.i!.r;.l,m:!l<l!l~'~.-":J6lI".~h~ill@,!~8iiilk;I<M'r= ~~J, , JIrIll!lh... C'f~lfni -I f"'-Ii1:M'lraAJdtJL: !1~. [_._~_...~~~- o ~~7 0<- F~~: ......-c; 5' > --0 ~-O $:c- ;? ~ \}~" ~ b , ~ ~ -~MIIiIlit ,- _J C:J o -'1 k: I 01 .. '-~i;;Q. ;~1 orit 'i;i :0 ""<: :0. - -'" 5 -. W \.0 ,,- 06/06/00 TUE 11:22 FAX 717 240 6573 - ....- CUMB CO PROTHONOTARY @001 (jV.3,{3'r TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 1913 92490779 06/06 11: 16 06'05 11 OK I _I IIIIAiin.__~tS'L< CASE NO: 2000-03434 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FOSTER STEPHANIE L VS QUACA THOMAS E CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon QUACA THOMAS E the DEFENDANT , at 0018:10 HOURS, on the 6th day of June at 2201 CEDAR RUN DRIVE CAMP HILL, PA 17011 , 2000 APT F by handing to THOMAS E. QUACA a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 Sworn and Subscribed to before me this dIg day of ~ ;LtrVO A.D. n. -- Q.h",o();~ 'R';;;thonotary . ~ So Answers: ~~r..r<~ R. Thomas Kline 06/08/2000 By'4~~ ,;-: Deputy Sh ff . ,.. , 4 Stephanie Foster, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-3434 CIVIL TERM Thomas Quaca, Defendant : PROTECTION FROM ABUSE DER OF COURT AND NOW, this day of June, 2000, upon consideration of the attached Petition, the Temporary Protection Order in the above-captioned case entered on June 6, 2000, is hereby vacated and the action withdrawn without prejudice to Plaintiff. By the Court, Thomas Quaca Pro Se Defendant ~ 1Y\cJJ WqflU to PSP ~, -~I-LlO p,.\( 5 Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. '" -I -, - ,~ ~ ",'1',"",_,_ ~ .... ~ ,-,_,__"""~ '"' >,., -~r~--.' .'~'~' -,-,-- "d_~ C? " ~_ - ""_o."__,"~~ o c -oft nlf:.: ~~; ~- ~~~~- ?:S, -< ~~- ~, ~- i.-,.: (,.[:, -0 ~::, :::-? :.n .,....J ~~~ "-iW.JIIiI:_PlI ,~ . ~ ~ . .. Stephanie Foster, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-3434 CIVIL TERM Thomas Quaca, Defendant : PROTECTION FROM ABUSE PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff, Stephanie Foster, 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 June 6, 2000. 2. Defendant was served with the Temporary Protection Order on June 6, 2000, at 2201 Cedar Run Drive, Apartment F, Camp Hill, Pennsylvania, at 6:10 p.m. 3. Plaintiff and Defendant are attempting a reconciliation. 4. 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, " ~~~ Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 " H. _~, ~ r~~-:-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: (~- / 4" OrJ ~.o/:t1,{r.e ')f-, ~ Steph ie Foster, Plaintiff , < ~ ". ......."..,lI.~-,.;-.;,.OW":....Ill~~1\a ~ , ~" - ,~ . 1i..LL -~ C) c- ;;:;:: -at.,; !1if?-; ~i.L' ~i~ :!j;C) S': C) .-r- ~ -< ::::;. .,.., ,s:; '-," o ''',-1 -'-. ~-,~ --.~:: j , - ,- :-, ._ it,l ~~;~ ~,~~.;:O On1 ;:;:} 55 -;: '- .r.:-~' '" .:!( ~ 06/21/00 WED 15:07 FAX 717 240 6573 , ' ">'~ ' ~, '""" lI'-\ cmrn CO PROTHONOTARY U1J_3'f3'( ~001 TRANSMISSION OK' TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT :Ie *$::): * *t,:.IF~:Ie:Ie:Ie i: *,:Ie:): *:Ie $: * * ... TX REPORT ... ********************* 1948 92490779 06/21 15:06 01'46 4 OK i;;- -_'~\g';;~'R;C~;:Pl'~'0~~'~gJ%} Stephaine Foster, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00 - 3434 CIVIL TERM Thomas Quaca, 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. I A hearing on this matter is scheduled for the~'J'ay of September 2000, at '!(: 30 in Courtroom No~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fme of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MA Y 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. <~. , ~ \t:. Stephanie L.- Foster- Plaintiff : In the Court of Common Pleas : County, Pennsylvania v. :No. ()-o. 31/3'1 Thomas E. Quaca : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Thomas E. Quaca Defendant's Date of Birth is: June 11, 1969 Defendant's Social Security Number is: 465-49-1876 Name(s) of All protected persons, including Plaintiff and minor children: I. Stephanie L. Foster AND NOW, on~i,,, Ie. ~n consideration of the attached Petition for Protection from A use, 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 ofthe 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 Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. - Plaintiffs residence located at 8 Fetrow Drive, Mechanicsburg, Pennsylvania. - Plaintiffs place of employment located at Giant Foods, Route 15, Dillsburg, Pennsylvania. 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. ~~. "L.~ ""' ~ - ~ - ~-- ~;'1-'- 4. The following additional relief is granted: - Defendant shall not harass Plaintiffs relatives. - Defendant shall not damage or destroy any property owned jointly by the parties or solely 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: Hampden Township Police Carroll Township Police 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 SUPERSEDES ANY PRIOR PFA ORDER 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MARCH 15, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS 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. g6114. 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. gg2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who havejurisdiction over the plaintiffs residence OR any location where a violation ofthis order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 3 of this Order, defendant shall be arrested on the charge ofIndirect 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 oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county '_;1 """' ~ -l. " '~#S-:' which issued this Order, which otlice shall maintain possession o.fthe 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 .riate Distribution to: Legal Services Faxed & Mailed to PSP , 1Ni1Il!"'lffi. $, fllED-OfrICE '#j)F .",~ ~~")~"^1"J1'RY ". ,. t ~~I" II''"'.' ) ,_t .~! 4.\, ;, ' ..._._ 1',_ ,1'-' ,'>.. I' 00 Sf.? 18 p~ 4: 04 JbUMBER\}NO OJUNTY PENNSYLVANIA 1 -~ ~_o", __ ~ ". -.. - .~_WlMIf'lllW1lll'lT "llll ."~ ~, ~ _~~_ ,~~'t';?--w;!"'J'J''6'I!!:FJ~'''''U;?-' "i'o"""'~1!~j~IliW:\~f"'-1if,;:;r"!l'JllJ'oj~"f'r"""-i!'f,~'!;_r,-l!i!ij~",,,,_,, _. ' 1~1 PFAD Number: UVI137645H Stephanie 1. Foster Plaintiff : In the Court of Common Pleas : County, Pennsylvania v. : No. Thomas E. Quaca Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE I. Plaintiff's name is: Stephanie L. Foster 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. Stephanie L. Foster 4. Plaintiff's Address is : 8 Fetrow Drive, Mechanicsburg, P A 17055 5. Defendant's Name is: Thomas E. Quaca 6. Defendant's address is: unknown. 7. Defendant's Social Security Number is: 465-49-1876 8. Defendant's Date of Birth is: -,""~ J" -~ --.' June 11, 1969 9. Defendant's Place of employment is: unemployed 10. Defendant is an adult. II. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 12. The defendant has been involved in a criminal court action. 13. The defendant is not currently on probation I parole 14. The facts of the most recent incident of abuse are as follows: On or lIbout September 8, 2000, Defendant arrived at Plaintiffs parent's residence, parked in the street, and yelled the plaintiff's name several times and left. When Plaintiff arrived at work, Defendant was there waiting for her causing her to fear for her safety. When Plaintiff came out of work, she noticed the trunk of her car was slightly opened, her belongings had been rummaged through, and letters to her from Defendant were on the front seat. 15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor childlren, (including any threats, injuries, or incidents of stalking) are as follows: On or lIbout September 6, 2000 - Defendant blocked the doorway with his body as Plaintiff attempted to leave the room, threatened that she was not going anywhere, and that he was going to kill her. Defendant grabbed Plaintiff by the hair, pushed her to the floor, hit her head against the floor, and punched her in the back several times. Defendant grabbed Plaintiff around the neck and pulled her to the bed, and ,her on the bed by wrapping his arms around her ribs and squeezed her. When Plaintiff attempted to scream, Defendant covered her mouth and nose causing her to have difficulty breathing. Plaintiff pulled Defendant's hands off of her mouth saying she could not breathe, and Defendant replied" good" . Plaintiff suffered a bump on her head, swollen lower back, and difficulty swallowing. On several occcasions in or about August 2000, Defendant blocked the door so that Plaintiff could not leave the residence. Defendant grabbed Plaintiffs arms and covered her mouth and nose so she could not breathe. On or about May 31, 2000, Defendant threatened that he would go to jail before he would lose Plaintiff causing her to fear for her safety. On or about May 28, 2000, Defendant threatened that if he could not have Plaintiff, no one would. Defendant stood in front of Plaintiff and threatened that he would kill her and then himself. When Plaintiff attempted to call the police, Defendant came up behind her and pulled the phone cord out of the the wall. Defendant wrapped his arms around Plaintiff, sat her down on the sofa, and restrained her there by keeping his arms wrapped around her. On or about May 20, 2000, Defendant put Plaintiff on to the couch, got on top of her, and """._~ ~- threatened to kill her. Defendant pressed his fmgers into her throat and squeezed her neck. When the Plaintiff got fr-ee, Defendant grabbed her arms, covered her mouth and nose, and pressed up on her jaw so she could not scream. Plaintiff suffered bruises to her arm and soreness to her mouth and jaw. On or about May 13, 2000, Defendant blocked the doorway and would not allow Plaintiff to leave the residence causing her to fear for her safety. Since approximately Spring 1998, Defendant has abused Plaintiff in ways including the following: pushed, grabbed, and threatened to kill her. On one occasion, Defendant repeatedly pushed PllIintiff by the forehead forcing her head to bend backwards causing her pain. On separate occasions, Defendant has kicked plaintiff's mother's dog, and lured a cat into Plaintiffs apartment and slapped it on the head. 16. The police department(s) or law enforcement agencies that should be provided with a copy ofthe protection order are: Hampden Township Police Carroll Township Police 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 childlren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. c. Prohibit Defendant from having any contact with Plaintiff's 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 Defendant to pay the costs of this action, including filing and service fees. e. Order the following additional relief, not listed above: - Defendant shall not harass Plaintiffs relatives. - Defendant shall not damage or destroy any property owned jointly by the parties or solely by Plaintiff. - Defendant shall pay $250.00 to one of Legal Services Inc.'s funders as reimbursement for litigation in this case. f Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner - o w_, will intorm the designated authority of any addresses, other than the Detimdant's residence, where Defendant can be served. Respectfully submitted, Date: 9/;Y/tr6 I I oan Carey, Attorney t1 Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 - , "- .1 1_.-_ Ji ~ , . VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: C1-PI-O() .LJt;tm flJ JJ' ;r. c ~ Ste anie Foster, Plaintiff ~:"'.W~-';"''''~f.''''''''''''-'ltle~!fii*,l'-,;iB;JiiiMHI:~tIIi~~.j:l!W'.d:,~_''_!9:,,,..'M!i'~HIi8!iili~M~,,-~"-- I) q'Ntl? j7~ l' X5: ~~ /'&1' ,:;) ~IOM~~~ 4/1~/otl ~~ 4-/U~ ~ /6'1' @> 4'3,t/ P-1I1 '1/;gJpt? *qs/ c/--~ ~~ ~ @; -<1$ /',""-. t}/I~/"V' ~a;;/ Z; ~s: &> 4'1{) /.-"1. ~ - ~- " " ~. - - WiJ~~~<-~ m ilHail~i!'lIiiii;- '''lMl 1I.lIlIllilllil" , - tj J ,qj()O ~ fo /lfJd ~ 19 @ fI.W ()./'I't, If/Iv-lop #4e/ i; &.:;t;,J ~ @I;).'q; 1tJ&lt7IV q/11/tiJ ~# ~ /-5. @ Id:O~ f/l'1 ft <::> """ c 0 :U.Oj C/) .,., spn, hi '-/ -". :Jj "'d :1::.-,., ~r m"" (/:J ,J~,-. -- ;--- ;:s. _.2: Q) elf fIi ;;: D r) .T ::s:~ "'l:> c::.,u <\../ ~ T-~r ~,..:.o - (~;.;;-,-; ""'c: '-"-" <- S> iSfn =< .:: $ "" J...-ol 09/18/00. MON 15:33 FAX 717 240 6573 , "A'-"," ~~;~" -""'~';'----i CUMB CO PROTHONOTARY 1i!I001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS, RESULT ********************* ... TX REPORT ... ********************* 2164 92490779 09/18 15: 29 04'18 8 OK 09/18/00 . MON 15: 38 FAX 717 240 6573 ~ "'~; CUMB CO PROTHONOTARY 19J00l TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, RESULT $$$$$$$$$$$$$$$$$$$$$ *** TX REPORT *** ********************* 2165 92405331 09/18 15:34 04'17 8 OK " 09/18/00 MON 15:44 FAX 717 240 6573 , -~ ,j--,;", 'n~ 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT CUMB CO PROTHONOTARY ********************* *** TX REPORT *** ********************* 2166 92438026 09/18 15:40 04'22 8 OK -~"; ~~~.'- I 09/~9/00 'TUE 10:58 FAX 717 240 6573 " 1 .' 'illtlMilI8IE,. CUMB CO PROTHONOTARY 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 2168 92405331 09/19 10:54 04'24 8 OK ~~~ ~~ 09/1~/00 TuE 10:53 FAX 717 240 6573 "- L" J J ~ = -1"- ~~-!>_,-" CUMB CO PROTHONOTARY 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 2167 92490779 09/19 10:47 04'19 8 OK 1iIIlIiiriliio' ~~ 09/1Q/00 ToE 11:09 FAX 717 240 6573 ~ I IlIl:>...4 ~ c !.2Il~,j: CUMB CO PROTHONOTARY ~001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, RESULT ********************* *** TX REPORT *** ********************* 2169 92438026 09/19 11: 05 04'21 8 OK ~ ~"" ~ .~~'lIiltJl-~ " - - I J_" . '" "'M__ SHERIFF'S RETURN - REGULAR CASE NO: 2000-03434 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FOSTER STEPHANIE L VS QUACA THOMAS E ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon QUACA THOMAS E the DEFENDANT , at 0019:00 HOURS, on the 18th day of September, 2000 at 301 5TH ST WEST FAIRVIEW, PA 17025 by handing to THOMAS QUACA 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 His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.92 .00 10.00 .00 37.92 C~l,".c~, R. Thomas Kline ' 09/19/2000 Sworn and Subscribed to before me this ~ ~ day of 4~- d-b7fU A.D. qZ;thoq~t~/;:' ).' ~ By, ~ ;/;;}_,,;,i~ Deputy Sneriff . Stephanie 1. Foster Plaintiff : In the Court of Common Pleas : County, Pennsylvania . v. : No. 00-3434 Thomas E. Quaca Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Thomas E. Quaca Defendant's Date of Birth is: June 11, 1969 Defendant's Social Security Number is: 465-49-1876 Name(s) of All protected persons, including Plaintiff and minor children: AND NOW,~ subject-matter, it is . Foster U<< ~ having jurisdiction over the parties and the ERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: Plaintiff's request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. - Plaintiff's residence located at 8 Fetrow Drive, Mechanicsburg, Pennsylvania. - Plaintiff's place of employment located at Giant Foods, Route 15, Dillsburg, Pennsylvania. "-~."-"~ >~- ~~ - ~ ~ , . ,-- -~ ~ , -Jik 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted as authorized by 96108 of the Act: - Defendant shall not harass Plaintiffs relatives. - Defendant shall not damage or destroy any property owned jointly by the parties or solely by Plaintiff. - The court costs and fees are waived. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Hampden Township Police Carroll Township Police 6. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 7. All provisions ofthis order shall expire on: March 26, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C 992261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. 9922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS - . "--j!!J!;[, The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 3 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to 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 shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the 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 the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing, ent dge If entered pursuant to the consent of Plaintiff and Defendant: , ~rnfUJid)~~/u Steph nie Foster, Plaintiff ~~,~ Thomas Quaca, Defendant Pro Se Distribution to: Legal Services, Inc. Fax and Mail to PSP Thomas Quaca, Defendant c/o Cumberland County Prison 1101 Claremont Drive Carlisle, PA 17013 topUw 9-j. 7-00 RX3 ku1 to tL !2uxw L3 n Carey Attorney for Plaint ff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA ~m~mll~j>li>.,"'$.<~, ,.",,;,ig}jH1k_J_in"i!li>H~1~W!:~~i('il'i&i~t2J-ii:il{J~~!.lili<!.~M'lii~~' '-'"':~~~r~ I'" ~~ ~~ lilll! ~ >- c:: ~ 1-::: U_l~) C) ;~:: ~ij, ff!h:_-' ~: U- o 0\ (:: :z ?<e ,:)2: U~ O:::l 7>- :<:'Cl) _._]7 ''-'2; [DLU 'Po.. :5 o a. :r. <Cl: r-. "-' (L Lu en Q (::J .. ~_., ~" ~.. ~~l~ : ,L lIlilliI!!"- """'- 'fJ - --~ ... -- " .-.-~ .;~ ~, - ~~ I. i L ',,,,,",~,,,, 09/27'_,0 WED 09:59 FAX 717 240 6573 CUMB CO PROTHONOTARY IaI 001 " ****$*******$*****$******** u* MULTI TN REPORT *u ***********************$*** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2189 [ 03]9p2438026 [ 01]9p2405331 [ 04]92490779 LEGAL SERVICES CENTRAL PROCESS PSP ERROR . OFFICE OF 'IHE PROTHCXIOTARY CUMBERLAND COONTY COUR'IHCXJSE ONE CaJRTHCXJSE !'QUARE CARLISLE, PA. 17013-3387 (717) 240-6195 TO: FAX (717) 240-6573 L.S VIA TELECOPIER let\tra...\. PR oC €S 5 I (\0/ PA STATE POLICE 0 '"u,;;." FAX #: 717-249-0779 .") ~: CURTIS R. LONG RE: PFA ORDERS MESSAGE : --'--~ 00. OF PAGES (INCLUDING COVER SHEET) This ~ is int:arl3:i ally fur tte lEle of tte irdividu3l (][' a1tity lD Wrlch is is edit 'I, crd ~ antain infumBtim trat is ~, anfidential crd ea:npt: fron oj~l"",1(P trIEr 'IT'lk,*,lp Ja,./. ff lie reeEL of this ~ is rot ti"e intaU3:1 rocipimt, }U.l are ~ .lDl:ifiEd tre.t i'nj di.!:Hlnirebm. dislrihrt:im (][' crpfirg .''aE this amnnicato;m is strictly pattibitai. If}U.l ~ J:B:ei-..e:i ttus a:mnrtir.3tim in ern:r, please rotify lB imTB:iiately ~ ~:re crd ~etum tte or:igirBl rressc:g: lD LE at lie ~'_' a:l:ire;..., via tie :!.S. p:5ta1 rervire. 'funk }U.l. """""'....~ ~- ~~"= 09/27/00 WED 10:46 FAX 717 240 6573 ~ " , ".JiIb_",,,,, " - j ." CUMB CO PROTHONOTARY !gJOOl TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT $******************** *** TX REPORT *** ********************* 2190 9p2438026 LEGAL SERVICES 09/27 10:43 03'51 7 OK ~ ~,