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HomeMy WebLinkAbout97-01855 \ o 0-... ~ o -...( ~ o 0- ~ o -t. \.... "\ , I l ~ - . - ~ '.. CJ \,; ~; t'oi (3"0 VIOLET JANE LONGO. Plaintilf on behalf of her minor children: ROBERT LEWIS LONGO, JR, and PHILIP LEE LONGO. v. IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ROBERT LEWIS LONGO. SR,. Defendant NO, 97---11k$ CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION ORDER AND NOW, this C, r1 of April, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Violet Jane Longo. on behalf of the parties' minor children, now residing at 239 2nd Street, Apt. I, Highspire. Dauphin County. Pennsylvania, are in immediate and present danger of abuse from the defendant, Robert Lewis Longo, Sr" the following Temporary Order is entered, The defendant, Robert Lewis Longo, Sr,. (SSN: )(DOB: 8/16/55), now residing at 27 North Humer Streel, Enola. Cumberland County. Pennsylvania. is hereby enjoined from physically abusing the parties' minor children, or from placing them in fear of abuse, The defendant is ordered to Slay away from the plaintill's current residence located at 239 2nd Street, Apt. Highspire, Dauphin County, Pennsylvania. a residence which is leased by the plaintitrs mother, to which the plaintiff and the minor children moved for their protection and to avoid further abuse, and is ordered to stay away from any residence the plaintiff may in the future establish for herself. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff or the parties' minor children including. but not limited to. telephone and written communications. The dcfendant is enjoined from harassing and stalking the plaintilf and from harassing her relatives, or the parties' minor children, The delendant is enjoined from entering lhe plaintill's place uf empluyment or the day care Iilcility of the minor children. The delendant is enjuined Irom remuving. damaging. destroying ur selling nny property owned jointly by the parties or owned by the plaint ill'. A violation of this Order may subject the dcfendnnt to: i) nrrest under 23 Pa.C.S. ~6113; ii) a private criminal complnint under 23 Pn.C.S. ~6113.1; Hi) a chnrge of indirect criminal contempt under 23 Pa.C.S. ~6I 14, punishable by imprisonment up to six months and a line of$IOO.OO-$I,OOO.OO; and iv) civil contempt under 23 Pa.C.S. ~6114.1. This Order shall remain in cOCCi until modified or terminated by the Court and can be cxtended beyond its original expiration date if the Court finds that the defendant has commilled an act of abuse or has engaged in a pallern or practice that indicates risk of harm to the parties' minor children, Temporary custody of Philip Lee Longo. is hereby awarded to the plaintiff. Violet Jane Longo; the Custody Order of June 20. 1996. granting the plaintill' primary custody of Robert Lewis Longo, Jr" remains in full force and effect. The defendant is ordered to relinquish to the sherilrs depnrtment any weapons which he owns or possesses, and the defendant is prohibited from acquiring or possessing any weapons for the duration of this Order. A HEARING SHALL BE HELD ON TillS MATTER ON APRIL AT J::>o n.M.,IN COURTROOM No.3, OF TIlE I - COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. / I~ ,1997, CUMBERLAND The plaintil1' may proceed without pre-payment of lees pending a further order after the hearing. The Cumberland County Sherin's Department shall attempt to make service 1lI the plaintiO's request and without pre-payment of fces. but service may be accomplished under any applicable rule of Civill'rocedure, This Order shall be docketed in the otlice of the Prothonotary and forwarded to the Sherin' for service. The Prothonotary shall not send a copy of this Order to lhe defendant by mail, The East Pennsboro Township Police Department and any other appropriate police department shall be provided with a certified copy of this Order by the plaintiffs attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police otlicer. [n the event that an arrest is made. under this section. the defendant shall be taken without unnecessary delay before the court that issued the order, When that court is unavailable, the defendant shall be i i , I it , I taken before the appropriate district justice, (23 Pa,C,S, *6113). / ,/ ~y the C, ourt'J' /: I . ' ~. ~ Judge ( fc.e) I 6ct/l-Jt;C t'~ /....J() fP["P, s: Joan Carey LEGAL SERVICES. INC. Attomey for PlaintilT VIOLET JANE LONGO. Plaintifi' on behalf of her minor children: ROBERT LEWIS LONGO, JR.. and PIIILlP LEE LONGO. IN TilE COURT OF COMMON PLEAS OF 'I I I :, CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW v. NO. 97- CIVIL TERM ROBERT LEWIS LONGO, Sit. Defendant PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court, If you wish to defend against lhe claims set forth in the following pages. you must take action promptly after this Petition. Order and Notice are served. by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the Court may proceed without you. and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, FEES ANI> COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge 01'$25,00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc, for their representation of the plaintifi~ You should take this paper to your lawyer at once. If you do not have a lawyer or cannot alTord one, go to or telephone the office set forth below to find out where you can get legal help. COURT ADMINISTRATOR. 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE. PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITlII>ISABlLITIES 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 o.;r ollice, All arrangements must be made at least 72 hours prior to any hearing or business before the court. had struck on his buttocks with his open hand causing bruising. The plaintifl' contacted the East Pennsboro Police Department. and Cumberland County Children and Youth Services were notilied and are investigating the matter. The plaintiff took the child to Holy Spirit Hospital for treatment of the injuries sustained as a result of this incident. The plaintiff took the parties' two minor children and lell the residence for their protection and to avoid further abuse, b) In or about April. 1996. the defendant threatened to kill the parties' year- old son. Robert. Jr.. and himself with a handgun that he had in the car with him. and drove away with the child. The plaintiff notilied the police. but the defendant and child could not be located for approximately one week. when the defendant returned to the area with the child, To the best of the plaintiff's knowledge the defendant had taken the child to Huntingdon and Lewisburg. Pennsylvania. and to Wildwood. New Jersey. and had slept in the car with the child, When the plaintiff was able to locate the defendant. she contacted the police and had the defendant involuntarily committed to the Holy Spirit Mental Health Unit where he stayed for several days, c) On or about March 10. 1997. the defendant pushed and shoved the plaintiff about causing her to fear for her safety, 5, On or about March 8. 1997. the plaintill'took the parties' two minor children and lell their residence at 27 North Humer Street. Enola. Cumberland County. Pennsylvania. in order to avoid further abuse. 6, The plaintiff believes and therefore avers that the minor children are in immediate and present danger of abuse from the defendant and that they are in need of protection from such abuse. 7. The plaintiff desires that the defendant be prohibited from having any direct or contacted the East Pennsboro Police Department, and Cumberland County Children and Youth Scrviccs wcrc notified and are investigating the matter. The plaintil1. took the child to Holy Spirit Hospital for treatment of the injuries sustaincd as a result of this incident. The plaintifi'took the parties' two minor children and lellthe residence for their protection and to avoid further abuse. b) In or about April. 1996. the defendant threatened to kill the parties' year- old son, Robert. Jr., and himself with a handgun that he had in the car with him, and drove away with the child. The plaintiff notified the police. but the defendant and child could not be located for approximately one week, when the defendant returned to the area with the child, To the best of the plaintiff's knowledge the defendant had taken the child to Huntingdon and Lewisburg, Pennsylvania. and to Wildwood, New Jersey, and had slept in the car with the child, When the plaintiff was able to locate the defendant. she contacted the police and had the defendant involuntarily committed to the Holy Spirit Mental Health Unit where he stayed for several days, c) On or about March 10, 1997, the defendant pushed and shoved the plaintiff about causing her to fear for her safety, 5. On or about March 8, 1997, the plaintiff took the parties' two minor children and lelltheir residence at 27 North Humer Street, Enola. Cumberland County, Pennsylvania, in order to avoid further abuse, 6, The plaintiff believes and therefore avers that the minor children are in immediate and present danger of abuse from the defendant and that they are in need of protection from such abuse, 7, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the minor children including, but not limited to, telephone and written communications. 8, The plaintifl'desires that the defendant be enjoined from harassing and stalking her, and from harassing her relatives, or the minor children. 9. The plaintiff desires that the defendant be restrained from entering her place of employment and the day care facility of the minor children. 10, The plaintiff desires that the defendant be enjoined from removing. damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. 11. The plaintiff desires that any weapons the defendant owns or possesses be confiscated by the Sherill's Department and that the defendant be prohibited from acquiring or possessing any weapons for the duration of the Temporary Protection Order. B. EXCLUSIVE POSSESSION 12, The apaltment from which the plaintiff is asking the Court to exclude the defendant is rented in the names of her parents, The plaintiff does not seek to evict the defendant from his residence, C. SUPPORT 13, The defendant has a duty to support the plaintiff and the minor children, 14, The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage, and payment of unreimbursed medical expenses for the plaintiff and/or the children. 15. The defendant is currently unemployed, 16, The plaintiffs income is insufficient to provide for her minimal needs and those of the children until such time as a support order can be obtained by filing at the Domestic Relations Office. 17, The plaintiff intends to petition for support within two weeks of the issuance of a protection order. D. LOSSES AND REIMBURSEMENT FOR COST OF CASE 18, Orcering the defendant to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of allomeys' fees, as reimbursement for the cost of litigating this case and assessing the $25.00 surcharge and court costs to the defendant if the case goes to hearing, E. TEMPORARY CUSTODY 19, The plaintiff seeks temporary custody of the followir.g children: ~ Robert Lewis Longo, Jr. Address 239 2nd Street, Apt, I Highspire. P A Al!e 2 years old DOB: June 2, 1994 Philip Lee Longo 239 2nd Street. Apt. I Highspire, P A 9 months old DOB: July 16. 1996 The children were not bom out of wedlock. The children are presently in the custody of the plaintiff. Violet Jane Longo, who resides at 239 2nd Street, Highspire, Dauphin County, Pennsylvania, Since their births the children have resided with the following persons and at the following addresses: ! f ~ Plaintiff, and her mother. Violet Waters Address 239 2nd Street. Apt. I Highspire. P A Dates From March 8, 1997 to the present , , I Plaintiff and defendant 27 North Humer Street Enola. PA From June 2, 1994 to March 8, 1997 The plaintiff. the mother of the children. is Violet Jane Longo, currently residing at 239 2nd Street, Apt. I, Highspire, Dauphin County, Pennsylvania, She is married. The plaintiff currently resides with the following persons: ~ Robert Lewis Longo. J r, Philip Lee Longo Violet Waters Relationship her son her son her mother The defendant. the father of the children. is Robert Lewis Longo. Sr" currently residing at 27 North Humer Street, Enola. Cumberland County, Pennsylvania, He is married. To the best of the plaintifT's knowledge. the defendant currently resides alone, 20, The parties have an existing Custody Order entered on June 20, 1996, (Cumberland County No. 96-3441) awarding the plaintiff primary custody of the parties' minor child, Robert Lewis Longo, Jr, The parties' other child, Philip Lee Longo. was not born until July 16, 1996. and there is no existing custody order for him. The plaintiff has not participated in any other litigation concerning custody of the parties' minor children in this or any other Court, 21. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction, 22, The plaintiff does not know of any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 23, Thc bcst intcrcsts and pcrmancnt wclfarc of thc minor childrcn will bc mct if custody is tcmporarily grantcd to thc plaintiff pcnding a hcaring in this mattcr for rcasons including: a, Thc plaintill' has providcd for lhc cmotional and physical nccds of thc childrcn sincc thcir births and is a responsible parent who can bcst takc carc ofthc minor childrcn, b. Thc defcndant's behavior has advcrsely affccted the childrcn, c, Thc dcfcndant has not actcd in thc children's best interest lor reasons including forcibly rcmoving the parties' minor child from the plaintiff and kccping the child from her for a wcek as indicatcd in paragraph 4(c) of this pctition. thrcatening to kill one child with a gun, and abusing the child by hitting the child with his open hand on the buttocks causing bruising, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P,S, 96101 et se!!., as amcnded, the plaintiff prays this Honorable Court to grant the following relief: A, Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the dcfendant to refrain from abusing the minor children or from placing thcm in fear of abuse, 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or the minor children including. but not limited to, telephone and writtcn communications, 3. Ordcring thc dcfendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the minor children, 4, Prohibiting the defendant Irom entering the plaintill's place of employment and the day care facility of the minor children, 5, Prohibiting the defendant from removing. damaging. destroying or selling property jointly owned by the parties or owned by the plaintilT. 6, Ordering the defendant to stay away from the plaintill's current residence located at 239 2nd Street, Apt. I, Highspire, Dauphin County, Pennsylvania, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, 7, Granting temporary custody of the minor child, Philip Lee Longo, to the plaintiff; the Custody Order of June 20, 1996, granting the plaintiff primary custody of Robert Lewis Longo, Jr., remains in full force and effect. 8. Ordering the defendant to relinquish to the sherill's department any weapons which he owns or possesses. and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Temporary Protection Order, B, Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, aller such hearing. enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the minor children or from placing them in fear of abuse, 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintill' or the minor children including. but not limited to, telephone and written communications, 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the minor children, 4, Prohibiting the defendant from entering the plaintil1's place of employment or the day care facility of the minor children. 5, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by lhe parties or owned by the plaintiO: 6, Ordering the delcndant to stay away from the plaintill's current residence located at 239 2nd Street, Apt. I, Highspire, Dauphin County, Pennsylvania, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, 7, Ordering the defendant to relinquish to the sherill's department any weapons which he owns or possesses. and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Protection Order. 8, Granting support to the plaintiff and the minor children in the amount of$IOO,OO per week payable to the plaintiff in the fonn ofa money order, mailed to her current residence, and ordering the defendant to provide health coverage to pay all of the unreimbursed medical expenses of the plaintiff and the parties' minor children to the provider or to the plaintiff when she has paid for the medical treatment. 9, Ordering the defendant to pay $250.00 to Cumberland County. one of Legal Services. Inc.'s funding sources, in lieu of attorneys' fees, as reimbursement for the cost of litigating this case and assessing the $25,00 surcharge and court costs to the defendant if the case goes to hearing. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing. and that certified copies of this fJ)f' VIOLET J. LONGO, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSY~VANIA NO. 96- 3'1<11 CIVIL TERM CUSTODY ROBERT L. LONGO, SR, Defendant . . CUSTODY ORDER AND NOW, this .;10 day of June, 1996, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Robert L. Longo, Jr.: 1, The plaintiff, VIOLh~ J, LONGO, hereinafter referred to as the mother, shall have primary physical and legal custody of the child should the parties separate, 2. The defendant, ROBERT L, LONGO, SR., hereinafter referred to as the father, shall have supervised visitation with the child at times and places to be agreed upon by the parties, 3, Neither party shall do anything which may estrange the child from the other parent, or injure the' opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent, By the Court, ,.~/ ~~L' 7l1. ~"'J J, _7RUE CO!"Y FR':)M RECCmL'l ,'11 j :~t,~:ny whereof, I here unto set my hand EXHlB. reAoi ~Jld Court at Ca:lisle, PJ, 1:1:. ..;J.6.~ dar OL...~, 19.9,,",.. .........._,_ oJ. ~. ; O. /'. '~..e..m" ~.~....J..A......... ~-...:"rr".......__ ,ofi . Pmth:mtary f Co ," (') ~- _I '11 -i ..... :-J ,. -q <] \: . ;J i . I~' :-.' I " ~ " . le-, i,. .0 t::"l() r. " "', '.- 'J :.: -'"j ., , ._- .~() ~. - ',)1"'1 .. .. '. =.:. .~ ", :rj -. to -< \ \ <..... 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Defendant PROTECTION FROM ABUSE AND CUSTODY CONSENT AGRF.F.MENT ,-<;( This Agreement is entered on this .-0:2_ day of April. 1997. by the plaintiff, Violet Jane Longo. on behalf of the parties' minor children. Robert Lewis Longo, Jr, and Philip Lee Longo, and the defendant. Robert Lewis Longo. Sr, The plaintilfis represented by Joan Carey of LEGAL SERVICES. INC.; the defendant is unrepresented but is aware of his right to have an attorney, The parties agree that the following may be entered as an Order of Court, ], The defendant. Robert Lewis Longo. Sr,. agrees to refrain from abusing the minor children. Robert Lewis Longo, Jr. and Philip Lee Longo, and from placing them in fear of abuse, 2, The defendant agrees not to harass and stalk the plaintiff, and, harass her relatives, or the minor children, 3. The defendant agrees not to remove, damage. destroy. or sell any property owned by the plaintiff or jointly owned by the parties. 4, The defendant agrees that the weapons confiscated by the Cumberland County Sherill's Department will remain in the SheriIT's custody for the duration of the Protection Order, and agrees not 10 acquire or possess any weapons for the term of the Order. 5. The defendant. although entering into this Agreement, does not admit the allegations made in the Petition, 6. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (1) year and can be extended beyond that time if the Court finds that