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HomeMy WebLinkAbout98-03616 \ ~ I \ I I , I , ! 1 I <l <4- , \ ~ ~ I I I I I : , I , i I I I , I I ~ ~ ~ ~ , ' , <;-' <:. ' ~ ~ i , \ 1 i I I -... .=> \~ i \........1 i ~..'i.i. ,j) ~, ~: , I ~, \ / LISA KOVE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- CIVIL TERM HELEN NAUMOFF, Defendant PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the 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 AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $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 plaintiff. You should take this paper to your lawyer at once. 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. 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 facil~ties 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. 5 plaintiff pursuant to 18 Fa.C.S. ~ 2903, has or threatened to physically or mentally abuse the minor children in front of the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff and/or the minor children including following the plaintiff and/or the children, without proper authorization, under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. In approximately the summer of 1988, the defendant would drink and have black outs. During these black outs the defendant was uncontrollable and would not remember the next day what had taken place. During these black outs items were thrown at the plaintiff, drawers ~ere ripped out of the dressers very violently, and verbal abuse took place towards the plaintiff. These episodes have continued throughout the relationship until January 1998. b. On various occasions from the summer of 1991 to early 1997 defendant often acted recklessly by pulling the emergency brake of the plaintiff's car, while the plaintiff was driving, if the plaintiff refused to pull 7 OVer when ordcred to by the defendant, endangering the plaintiff and all other passengers, including the plld.ntl re" s grandmother dnd minor children. c. In the summer of 1992 the defendant in a fit of J:clge drove the plaintiff's car off the highway in New York City onto the grass median of the highway, almost rolling the car and endangering the plaintiff, her infant son, and her grandmother. d. From 1994 to January 1998 the defendant often attacked the plaintiff while the plaintiff was in the bathroom, screaming and punching the wall around plaintiff and breaking objects near her placing her in fear of assault. e. On February 1, 1998, the defendant threatened to attack plaintiff while in the home, she became violent, used vulgar language, threw her jacket down, threw arms about menacingly, and came towards the plaintiff to attack while making rape motions, while calling the plaintiff a whore and other vulgar names. f. From February, 1998 to May 28, 1998 defendant has made numerous phone calls to plaintiff's home and work although she was told not to contact the plaintiff at home or work. 8 ".~l g. On May 28, 1998 defendant made a series of threats to harm plaintiff by phone both at work and the home. Thereafter, the defendant entered the plaintiff's home twice without permission. During the second incident all of the doors to the home were closed and the Plaintiff was alone changing clothes in her bedroom. The defendant entered the plaintiff's bedroom and watched her undress until she was nude, then made her presence known to the plaintiff. Plaintiff ordered defendant out of the home which defendant did not immediately comply with. Defendant menaced plaintiff until plaintiff ran from the home, undressed, screaming for defendant to leave. Plaintiff was in fear of being raped by defendant. 6. On or about, June 4, 1998, the plaintiff and the five minor children left their residence at 181 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she return to the home without the defendant's exclusion and that she is in need of protection from such abuse. 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff 9 including, but not limited to, telephone and written communications. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, plaintiff's friends and the children's caretakers. 10. The plaintiff desires that the defendant be restrained from entering her place of employment/business or school or the schools and day care facilities of the minor children. 11. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff and would like a list of those items that were illegally removed replaced and itemized. 12. The plaintiff desires that any weapons the defendant owns, possesses, and has used or threatened to use against the plaintiff and/or the minor children be confiscated by the Sheriff's Department. B. EXCLUSIVE POSSESSIQN 13. The mobile home which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented in the defendant's name. 14. The defendant has her own residence located at 192 10 use against the plaintiff, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the order. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff and/or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the caregivers of the minor children. 4. Prohibiting the defendant from entering the plaintiff's place of employment/business and/or school and/or the schools and/or the day care facilities of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly 13 the minor children. 4. Prohibiting the defendant from entering the plaintiff's place of employment/business or school and the schools or the day care facilities, counselors or Sunday school of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the mobile home located at 181 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay away from the plaintiff's residence located at 181 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, which the parties previously shared, (and any other residence the plaintiff may establish) . 8. Ordering the defendant to relinquish to the sheriff's department any weapon/s which she owns, possesses or has used or threatened to 12 Birch Lane, Carlisle, CUlnberland County, PennsYlvania. 15. The plaintiff desires possession of the mobile home so as to give the greatest degree of continuity to the lives. C. LOSSES AND REIMBURSEMENT FOR COST OF CASE 16. The plaintiff requests that the defendant be ordered to pay $500.00 to reimburse plaintiff for legal fees sustained in connection with the litigation of this case. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.c.s. sec. 6101 et seq., as amended, the plaintiff prays this Honorable Court to grant the following reli~f: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including but not limited to telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the caregivers of 11 owned by the parties or owned solely by the plaintiff. 6. Granting possession of the mobile home located at 181 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay away from the plaintiff's residence located at 181 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, which the parties have shared, (and any other residence the plaintiff may establish). 8. Ordering the defendant to relinquish to the sheriff's department any weapons which she owns, possesses or has used or threatened to use against the plaintiff, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Order. 9. Ordering the defendant to pay $500.00 to reimburse plaintiff reasonable legal fees for the, litigation of this matter. The plaintiff further asks that this petition be fil~q and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certif\~~ 14 .-." ".. ::" ., ,-.-.-.~. , ..' .~. '" :lI .. ." ;: 0 " ~ 0 ill 0 0 " . n .. ~' -- !l. . '" a .B- f! 5" . n n . " " ~ ~ ;; . !!. 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Wesley Oler, docketed in Cumberland County at No. 98-1041. The Defendant is enjoined from harassing and stalking the Plaintiff and from harassing the Plaintiff's relatives, Plaintiff's friends and the children's caretakers. The Defendant is enjoined from entering or contacting the Plaintiff's place of employment or business. A violation of this Order may subject the Defendant to i) arrest under 23 Pa.C.S.A. S61l3; ii) a private criminal complaint under 23 Pa.C.S.A. S61l3.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S.A. S6114, punishable by imprisonment up to six months and a fine of $100 - $1000; and iv) civil contempt under 23 Pa.C.S.A. S6114.1. Resumption of co- residence on the part of the Plaintiff and Defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk or harm to the Plaintiff. The Defendant is ordered to relinquish to the Sheriff's Department any weapon/s which she owns, possesses, or has used or threatened to use against the Plaintiff, and the Defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order. , 1998, at .m., Courtroom No. , {,'.: ,"" , "j\i '1;\ . .'. I ' ~, I r ,!. '".t: ::':1", t'. " , ~J<; Iii ~ . I ; 1- ; f, !, ...., I.:..'. if v. I;T~. ~ i\ [\ I A hearing shall be held on this matter on the day of Cumberland County Courthouse, Carlisle, Pennsylvania. The Plaintiff may proceed without pre-payment of fees pending a further Order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the 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 the Defendant by mail. The Police Department of Middlesex Township will be provided with a copy of this Order by attorney for the Plaintiff. 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 officer. In 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 taken before the appropriate district justice. (23 Pa.C.S.A. ~6113). By the Court, (J) b. On or about February I, 1998, the Defendant kicked and struck the Plaintiff. c. On or about March 18, 1998, the Defendant appeared at the Plaintiff's residence, upset over a recent custody order involving the parties to this action. The Defendant kicked in a screen door and took a butcher knife in her hands and at first threatened to do harm to herself, and then waived the knife around, stepped toward the Defendant, and stated, maybe I should Use this on you. d. On various occasions since the separation of the parties, the Defendant has directed other individuals to look into the wi.ndows of Plaintiff's residence, and as a result of these directions, people have looked into the privacy of Plaintiff's residence. e. On or about Tuesday, January 27, at a time the parties resided together, the Defendant struck the Plaintiff three times with a closed fist, while the parties were in the kitchen of their residence. Two of the children were in the residence at that time. f. On April 25, 1998, in the presence of the five minor children of the parties, the Defendant struck and grabbed the Plaintiff. The police were called via 911 and came to the scene. g. In April 1988, the Defendant struck the Plaintiff with closed fists. h. On various occasions since the parties separated in February 1998, the Defendant has left threatening messages on the Plaintiff's voice mail. 5. The Plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the Defendant without the Defendant's exclusion from Plaintiff's residence. 6. The Plaintiff desires that the Defendant be prohibited from having any direct or indirect contact with the Plaintiff including, but not limited to, telephone and written communications, other than ones directed for the specific purpose of communicating about the children, facilitating exchanges of custody, or being able to communicate directly with the children. 7. The Plaintiff desires that the Defendant be enjoined from harassing and stalking the Plaintiff, and from harassing the Plaintiff's relatives, Plaintiff's friends and the children's caretakers. 8. The Plaintiff desires that the Defendant be restrained from entering her place of employment or business. 9. The Plaintiff desires that any weapons the Defendant owns, possesses, and has used or threatened to use against the Plaintiff and/or the minor children be confiscated by the Sheriff's Department. 10. The Plaintiff requests that the Defendant be ordered to pay $500.00 as reasonable attorney fees. WHEREFORE, pursuant to the provisions of the Pennsylvania Protection from Abuse Act, 23 Pa.C.S.A. ~ 6101 et ~, the Plaintiff request of this Honorable Court that it grant the following relief: a. Grant a Temporary Order, providing as follows: , 'I' ,'~ (1) Ordering the Defendant to refrain from abusing the Plaintiff or placing her in fear of abuse. (2) Ordering the Defendant to refrain from having any direct or indirect contact with the Plaintiff, including but not limited to telephone and written communications, except for contact directed for the specific purpose of communicating about the children, facilitating exchanges of custody, or being able to communicate directly with the children. (3) Ordering the Defendant to refrain from harassing and stalking the Plaintiff and from harassing the Plaintiff's relatives and the caregivers of the minor children. (4) Prohibiting the Defendant from entering the Plaintiff's place of employment or business. (5) Granting Plaintiff possession of the residence located at 192 Birch Lane, Carlisle, Cumberland County, Pennsylvania, to the exclusion of the Defendant. (6) Ordering the Defendant to relinquish to the Sheriff's Department any weapon(s) which she owns, possesses or has used or threatened to use against the Plaintiff, and prohibiting the Defendant from acquiring or possessing any other weapons for the duration of the Order. b. Schedule a hearing in accordance with the provisions of the Protection from Abuse Act, and after such hearing, enter an Order to be in effect for a period of one year, providing the following: (1) Ordering the Defendant to refrain from abusing the Plaintiff or placing her in fear of abuse. (2) Ordering the Defendant to refrain from having any direct or indirect contact with the Plaintiff, including but not limited to telephone and written communications, except for contact directed for the specific purpose of communicating about the children, facilitating exchanges of custody, or being able to communicate directly with the children. (3) Ordering the Defendant to refrain from harassing and stalking the Plaintiff and from harassing the Plaintiff's relatives and the caregivers of the minor children. (4) Prohibiting the defendant from entering the Plaintiff's place of employment or business. (5) Granting Plaintiff possession of the residence located at 192 Birch Lane, Carlisle, Cumberland County, Pennsylvania, to the exclusion of the Defendant. (6) Ordering the Defendant to relinquish to the Sheriff's Department any weapon(s) which she owns, possesses or has used or threatened to use against the Plaintiff, and prohibiting the Defendant from acquiring or possessing any other weapons for the duration of the Order. (7) Ordering the Defendant to pay $500.00 as reasonable attorney fees for the prosecution of this case. The Plaintiff further requests 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 a certified copy of this Petition and Order be delivered to the Middlesex Township Police Department which has jurisdiction to enforce this Order. The Plaintiff prays for such other relief as may be just and proper under the circumstances. ~~~ BY: Samuel W. Milkes, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 " I ) i VERIFICATION I hereby verify that the statements made in this Petition are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ((H ~Ir 1d11.~!I-. HELEN NAUMOFF . LISA KOVE, PlaintifT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W HELEN NAUMOFF, Defendant NO. 98-3616 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO CONTINUE HEARING ORDER OF COURT AND NOW, this7i~ay of July, 1998, upon consideration of Plaintiffs Motion to Continue /-Iearing, the Motion is DENIED. T/-IE HEARING previously scheduled on the Protection From Abuse for July 9, 1998, before the undersigned judge is hereby transferred to the Honorable Kevin A. /-less and rescheduled for Wednesday, .July 8, 1998, at I :30 p.m., in Courtroom No.4, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, tiJ'H Wesley Oler, Jacqueline M. Verney, Esq. 4 Liberty Avenue Carlisle, PA 17013 - (\V\..&",dl\\<:t.o..l 7hlC]~ Attorney for Lisa Kove Samuel W. Milkes, Esq. 52 East High Street Carlisle, PA 17013 Attorney for Helen Naumoff p.L\j)t.'<'\,~\\(('(L.J ,10 cili'i '/-7-G:'! :rc , f,....,...,....,'i(i "",",," .."-':>j"';' -", ';"n.,"'!) /:';..., '.~.",}' ";\",,',:_,,L/._ .--' , ,'"'\'~.,,~\t'Jt,....".,.':'i "~.r;":~fi;\,,,!,,,,,'''''\-1i''I~i'' "',.o~~,l. !i\''"'~l'':''<('''';.'' .. d,:~cl~<J,~...)1Y1' ,,,,'~'''r.''''''~'Ali,il\ '\.\1\""'1""1:" '!CAW OPl'lCBS OF....,'!ii" .' ,';;., -;;i \;.-r.;4:;::J/':{;~;&:t~"... ',." '. - ii;';;"1"""\;:l\"t1,.:<:".\(,_-,~,..",,~~:1;;';.: ..'.. '.'i.';'I',-. ,(it:,:;~<"l-'<: "'':'. <'r-" ,!,~~ . ,"'fc.P', , "',,o." 'i." ,. ',",' ACODSEN'&'MlL~',\'" ",,''''''''',""' '.'.a"J.." 1...1 'l4'~~;~~S~}1~C;:s:~itr~::€;..s.,i?~.~;;;~:,B;:'-;'''~~ "...."..~~',~.t;:~~~?~'-:::~~;~;-~~rsfA;::~~:.~2~8~;9.!::;~?j:::'"t~~~~~~~j~:':~lt;, '~ ~l.l'I~'~',f-l~')~'""'!J'''''' 'l}'.~"'e'~',"v""" ,~;"t"'(.,. 'J""( ~,i",:,.:..52 BASr H[OH~S1RBBT ;'~I,:\',>; ./:., "".-/.;.;. d.,'.'.,.;, ",,:,~,,_""'J.,W '_".-'j_.~,I"t;:N.:~ ", '." ~,' '~~~t~~W$~vt;l~t~~Af,;~;:??:~~,:;'t);\:::~LI~~7;~i.~~?':;;~;';~::~i~,~:'~i!~.r";8(~~?~~:~i';!:JY;~1{rN~,:~~;~;1, LISA KOVE, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-3616 CIVIL CIVIL ACTION - LAW HELEN NAUMOFF, Defendant PROTECTION FROM ABUSE ORDER AND NOW, this day of , 1998, upon presentation and consideration of the Motion to Continue Hearing, filed by Defendant's counsel, the hearing previously set in this matter for the 9th day of July, 1998, is hereby continued, to be rescheduled upon further consultation with counsel. The terms of the Temporary Protection Order entered on June 29, 1998 shall remain in full force an effect until further Order of Court, an in no event beyond June 28, 1999, except that two provisions shall be modified as follows: a. The language at page 2 of the Order shall not prevent the Defendant from making contact with the Plaintiff, including telephone contact, for the sole purpose of discussing matters having to do with their children, or for the purpose of being able to speak with the children by telephone. b. The language at page 2 of the Order shall not prevent the Defendant from making contact the schools or day care facilities of the children. The subject of Defendant's and Plaintiff's ability to communicate with the children, and to communicate with one another shall be addressed further in connection with the custody LISA ROVE, Plaintiff .. " ..! )'1, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-3616 CIVIL CIVIL ACTION - LAW l ~ vs. HELEN NAUMOFF, Defendant PROTECTION FROM ABUSE MOTION TO CONTINUE HEARING COMES NOW, the Plaintiff in the above action, by her attorney, Samuel W. Milkes, Jacobsen & Milkes, and requests of this Honorable Court that continue the hearing scheduled in the above matter, now set for July 9, 1998 at 8:30 a.m. This request is made for the following reasons: 1. The Defendant, Helen Naumoff, is also the Plaintiff in a companion Protection from Abuse Petition, against the above- named Plaintiff. This Petition has been filled at the same time as the instant motion. 2. Counsel for Helen Naumoff was contacted by Legal Services, Inc. on the afternoon of Thursday, July 2, 1998, for the purpose of accepting a referral of this client, because of the agency's policy against representing defendants in Protection from Abuse cases. The pro bono referral was accepted, but due to the law offices of Jacobsen & Milkes being closed on Friday, July 3, the client could not be seen until the morning of July 6, 1998. 3. Upon review of the circumstances surrounding this case, it has become apparent that counsel cannot be prepared to fully represent the Defendant's interests at a hearing scheduled 'i :i' Ii' '. [I , . !i ~\ .1 [,] 't,.; in only a few days. Numerous witnesses were present at the encounters delineated in Plaintiff's Petition, who would testify as to a different, non-abusive version of the incidents. Some, but not all of the witnesses have been talked to by counsel. It is anticipated that most of these witnesses will need to be subpoenaed. 4. The parties in this Protection from Abuse Petition are also parties in a custody case, docketed at No. 98-1041, scheduled to be heard by the Honorable J. Wesley Oler on July 8 and July 10. Accordingly, in the midst of preparing for this crucial custody case (in which Lisa Kove is seeking to move to California, and to terminate of any contact between Helen Naumoff and the five children), Ms. Naumoff is being asked to set these matters aside in order to prepare for a Protection from Abuse case. Ms. Naumoff is represented by Legal Services, Inc. in the custody case. 5. The Protection from Abuse Petition filed in this case was verified on June 29, 1998, alleging a most recent incident of abuse on May 28, 1998. While the Defendant does not assert that such timing is too remote to be considered in this case, it is suggested that the one-month delay in bringing the case is part of the cause of the very tight scheduling between the Custody and Protection from Abuse cases. 6. The Defendant has no objection to the continued effect of the Temporary Protection Order now in effect in this case, with one exception. Although the Petition filed in this case does not name the minor children, and does not seek relief , ]" . . ',1~. I . )', " I I on their behalf in the WHEREFORE clause, the effect of the Temporary Protection Order is to interfere with Ms. Naumoff's relationship with the children, as follows: a. At page 2 of the Order (attached), the Defendant is directed not to have any contact with the plaintiff, including even telephone contact, even if the contact involves matters having to do with the children, and even if the contact is for the sole purpose of being able to speak with the children by telephone. b. At page 2 of the Order, the Defendant is directed not to contact the schools or day care facilities of the children, even though Ms. Naumoff currently has custody rights pursuant to the custody case docketed at No. 98-1041. 7. The Defendant asks that the hearing set in this matter be rescheduled and that in the meantime, the two provisions set forth above be modified, to be addressed in the custody case, which will be heard on Wednesday and Friday of this week. B. Counsel for the Defendant has contacted counsel for the Plaintiff, Jacqueline M. Verney, Esq., who states that the Plaintiff is not agreeable to a continuance. The reason for the objection appears primarily to do with the fact that the Plaintiff intends to move from the area. However, Defendant suggests this does not pose a problem because: a. Ms. Kove has also pursued criminal charges of simple assault, scheduled for a preliminary hearing on July 27, 1998, so she will need to return to the area in any event. , I I LISA KOVE, IN THE COURT OF COMMON PLEAS OF CDMBERLAND COUNTY, PENNSYLVANIA NO. 98-3~/~ CIVIL TERM Plaintiff V. HELEN NADMOFF, Defendant PROTECTION FROM ABUSE AND CUSTODY TEMPoRARy PROTECTION ORDER AND NOW, this ~day of In....P 1998, Upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Lisa Kove, now residing at an undisclosed location in Cumberland County, PennsYlvania, is in immediate and present danger of abuse from the defendant, Helen Naurnoff, the following Temporary Order is entered. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff and/or the children in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about the plaintiff and/or children e&cept by further Order of Court. The defendant, Helen Naurnoff, (SSN: 579-92-7860 and date of birth 8/20/63:) now residing at 192 Birch Lane, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Lisa Kove, or placing her in fear of abuse. The defendant is e&cluded from and is ordered to stay away from the plaintiff's prior residence located at 181 Cedar Lane, 1 _..... h___._______.__ _____ .-.-.__.... -...-.-... '.... Carlisle, Cumberland County, Pennsylvania, a residence which is; owned solely by the plaintiff, which is not owned or leased by the defendant, (and any other residence the plaintiff may establish) . The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, child caregivers. The defendant is enjoined from entering or contacting the plaintiff's place of employment/business or the school/s and the day care facilities of the minor children. The defendant is enjoined from removing, damaging, destroying or selling any property owned by the parties or owned solely by the plaintiff and said property owned by the plaintiff in defendant's possession shall be returned immediately upon receipt of this Order. A violation of this Order may subject the defendant to: i) arrest under 23 Fa.c.s. ~6113; ii) a private crindnal complaint under 23 Fa.C.s. ~6113.1; iii) a charge of indirect crindnal contenpt under 23 Fa.C.S. ~6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil 2 -' v contempt under 23 Pa.C.S. ~6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. ~ This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. The defendant is ordered to relinquish to the sheriff's department any weapon/s which she owns, possesses, has used or threatened to use against the plaintiff, and the defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order. A hearing shall be held on this matter on the ;?~ day of , 1998, at ~} 5~ ~.m., in Courtroom No.~, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the 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 3 " ) ..-.' , c ,'.:d , ) "-. .., , , ! ) ~ , -li'n '-.." ! --,-I ~ , , ( ::. ~ Carlisle, Cumberland County, Pennsylvania, a residence which is; owned solely by the plaintiff, which is not owned or leased by the defendant, (and any other residence the plaintiff may establish) . The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff inclUding, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, child caregivers. The defendant is enjoined from entering or contacting the plaintiff's place of employment/business or the school/s and the day care facilities of the minor children. The defendant is enjoined from removing, damaging, destroYing or selling any property owned by the parties or owned Solely by the plaintiff and said property owned by the plaintiff in defendant's possession shall be returned immediately Upon receipt of this Order. A v.i.olation of this Order may subject the defendant to: i) arreat under 23 Pa.c.s. ~6113; ii) a private criudnal complaint under 23 Pa.c.s. ~6113.1; iii) a charge of indirect criminal cont8q)t under 23 Pa.c.s. S6114, puniShabla by inprisolUll!!nt up to six months and a fine of $100.00-$1,000.00; and iv) civ.i.l 2 contempt under 23 Pa.C.S. 56114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date i.f the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. The defendant is ordered to relinquish to the sheriff's department any weapon/s which she owns, possesses, has used or threatened to use against the plaintiff, and the defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order. A hearing shall be held on this matter on the 9 <If[ day of 97' 1998, at fl:3o q .m., in Courtroom No.L, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the heari.ng. The Cumberland County Sheriff's Department shall attempt to make service at the 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 3 LISA ROVE, Plaintiff IN THE COURT OF COMMON PLEAs OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98- CIVIL TERM HELEN NAUMOFF, v. Defendant PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the 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 AND COSTS If the case goes to hearing and the jUdge grants a Protection Order, a surcharge of $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 Plaintiff. You should take this paper to your lawyer at once. I:f 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYJ,VANIA 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. 5 LISA ROVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. HELEN NAUMNOFF, Defendant NO. 98- CIVII, TERM PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FRQ.J ABUSE ACT, 23 Pa.c.s. S 6101 et seq. A. ABUSE 1. The plaintiff, Lisa Rove, is an adult individual residing at an undisclosed location in Cumberland County, Pennsylvania. 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 3. The defendant, Helen Naumoff, (SSN: 579-92-7860) (Date of Birth: 8/20/63), is an adult individual residing at 192 Birch Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 4. The defendant is the plaintiff's former housemate, caregiver of the children and has had a prior intimate relationship with the plaintiff. 5. Since approximately the summer of 1988, the defendant has atten~ted to cause mental and or bodily injury, to the 6 plaintiff pursuant to 18 Pa.c.s. ~ 2903, has or threatened to physically or mentally abuse the minor children in front of the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bOdily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff and/or the minor children including following the plaintiff and/or the children, without proper authorization, under circumstances which have placed the plaintiff in reasonable fear of bOdily injury. This has included, but is not limited to, the following specific instances of abuse: a. In approximately the summer of 1988, the defendant would drink and have black outs. During these black outs the defendant was uncontrollable and would not remember the next day what had taken place. During these black outs items were thro~m at the plaintiff, drawers were ripped out of the dressers very violently, and verbal abuse took place towards the plaintiff. These episodes have continued throughout the relationship until January 1998. b. On various occasions from the summer of 1991 to early 1997 defendant often acted recklessly by PUlling the emergency brake of the plaintiff's car, while the plaintiff was driving, if the plaintiff refused to pull 7 . . over when ordered to by the defendant, endangering the plaintiff and all other passengers, including the plaintiff's grandmother and minor children. c. In the summer of 1992 the defendant in a fit of rage drove the plaintiff's car off the highway in New York City onto the grass median of the highway, almost rolling the car and endangering the plaintiff, her infant son, and her grandmother. d. From 1994 to January 1998 the defendant often attacked the plaintiff while the plaintiff was in the bathroom, screaming and punching the wall around plaintiff and breaking Objects near her placing her in fear of assault. e. On February 1, 1998, the defendant threatened to attack plaintiff while in the home, she became violent, used vulgar language, threw her jaCket down, threw arms about menacingly, and came towards the plaintiff to attack while making rape motions, while calling the plaintiff a whore and other vulgar names. f. From February, 1998 to May 28, 1998 defendant has made numerous phone calls to plaintiff's home and work although she was told not to contact the plaintiff at home or work. 8 . . g. On May 28, 1998 defendant made a series of threats to harm plaintiff by phone both at work and the home. Thereafter, the defendant entered the plaintiff's home twice without permission. During the second incident all of the doors to the home were closed and the Plaintiff was alone changing clothes in her bedroom. The defendant entered the plaintiff's bedroom and watched her undress until she was nude, then made her presence known to the plaintiff. Plaintiff ordered defendant out of the home which defendant did not immediately comply with. Defendant menaced plaintiff until plaintiff ran from the home, undressed, screaming for defendant to leave. Plaintiff was in fear of being raped by defendant. 6. On or about, June 4, 1998, the plaintiff and the five minor children left their residence at 181 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she return to the home without the defendant's exclusion and that she is in need of protection from such abuse. 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff 9 . . inCluding, but not limited to, telephone and written Communications. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, plaintiff's friends and the children's caretakers. 10. The plaintiff desires that the defendant be restrained from entering her place of employment/business or school or the schools and day care facilities of the minor children. 11. The plaintiff desires that the defendant be enjoined from remOVing, damaging, destroYing or selling any property owned jOintly by the parties or owned solely by the plaintiff and would like a list of those items that were illegally removed replaced and itemized. 12. The Plaintiff desires that any weapons the defendant owns, possesses, and has Used or threatened to Use against the plaintiff and/or the minor children be confiscated by the Sheriff's Department. B. EXcLUSIVE POsSESSION 13. The mobile home which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented in the defendant's name. 14. The defendant has her own residence lOcated at 192 10 Birch Lane, Carlisle, Cumberland County, Pennsylvania. 15. The plaintiff desires possession of the mobile home so as to give the greatest degree of continuity to the lives. C. LOsSES AND REIMBURSEMENT FOR COST OF CASE 16. The plaintiff requests that the defendant be ordered to pay $500.00 to reimburse plaintiff for legal fees sustained in connection with the litigation of this case. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.c.s. sec. 6101 et seq., as amended, 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 defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including but not limited to telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the caregivers of 11 the minor children. 4. Prohibiting the defendant from entering the plaintiff's place of employment/business or school and the schools or the day care facilities, counselors or Sunday school of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the mobile home located at 181 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay away from the plaintiff's residence located at 181 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, which the parties previously shared, (and any other residence the plaintiff may establish). 8. Ordering the defendant to relinquish to the sheriff's department any weapon/s which she owns, possesses or has used or threatened to 12 Use against the plaintiff, and prohib.iting the defendant from acquiring or possessing any other weapons for the duration of the order. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff and/or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the caregivers of the minor children. 4. Prohibiting the defendant from entering the plaintiff's place of employment/business and/or school and/or the schools and/or the day care facilities of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly 13 owned by the parties or owned solely by the plaintiff. 6. Granting possession of the mobile home located at 181 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay away from the plaintiff's residence located at 181 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, which the parties have shared, (and any other residence the plaintiff may establish) . 8. Ordering the defendant to relinquish to the sheriff's department any weapons which she owns, possesses or has used or threatened to use against the plaintiff, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Order. 9. Ordering the defendant to pay $500.00 to reimburse plaintiff reasonable legal fees for th~ litigation of this matter. The plaintiff further asks that this Petition be fil,~ and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certif\~~ 14 1-' /' 1'1 HELEN A. NAUMOFF, PlaintifT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JV. L /\ \"- LISA KOVE, r' "-, DcFcndant (I' ~) r< ) CIVIL ACTION - LA W NO. 98-3616 CIVIL TERM ...-<" IN RE: PETITION FOR PROTECTION FROM ABUSE ORDER ORDER OF COURT AND NOW, this 71d~ of July, 1998, upon consideration of the attached Petition, this matter is transferred to the Honorable Kevin A. I-less, and SCHEDULED for a hearing on Wednesday, July 8, 1998, at I :30 p.m., in Courtroom No.4, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, 1. Jacqueline M. Verney, Esq. 4 Liberty Avenue Carlisle, PA 17013 Attorney for Lisa Kove Samuel W. Milkes,cEsq. 52 East High Street Carlisle, P A 17013 Attorney for Helen Naumoff :re : ' LISA KOVE, Re;". fd'~tC\ - ..---..-- --,..,-.- .......- ,....-, . 1 ''''..'".'*''",1\".,....... "1'/1'" , ""f;*;f~ji;i"i i :,.\i~)iM'i~~i~:;::j;';.h~~;f,f~.li~j~);.k(;~,'Jt~\~f:R:i~r.:z;~1'.W,\er~i.ttb~lfl;r.~. .. rj!fi!ii'.1 ...~:t.;j~~'r;'~~)N;~~:4~;~~.~,~~n\.r.~~J.~:I'~;i~~:,M.Vf~ ~~.c,~.~p.)~~~~;:;:;~'~0'~S;0\;(~~::~;:;::\:jyW}f~;4~::t:}t~A~;~f~.i~; ':~7t}X,,~';~i:1 . ::?};j)~\':r:i'~JY~ ~,i.~~~:~~;::~i~:~7.~~;;~?Z~7.1~~~~;P~~~~N~,~,~~~g~~fi1~~&~~,:~~~f:f:~-c?~t~~-..~.~~~it~'::l~"IT~~~~~~; '" r~'" ,.~}";j,,,+"L.. ,.... . ';'. "'2BASTJlJOHSTRIlBT!';.".,..".....,........,,,.,,..,........"..r"..tJ?' '~'./-'''I'' ..d.." ........).'..' J -:,~t:,1<r1'y,:;.,-:,i~:r~~j~::~;1,~f,i1;1.:f~,.~;':;'::tf',_:~ ',:~.:., \-~<,.:,:,',,-/.., -,' '",: " ,,- .,::'- )" "., "'., ',:- ,-. - (, \::,!;".L:!,':!;,_":,:::,,,\,,~,'~::" \./.;:~: i,:~"::;:\~' ~ ':""y';,: , ,/.;~,~ze~.:~'<}~/'~,;t;";>>:;';';;,'J.;::~;:;i:;)L;:t;:' l'," """,,,,....,..;.. .., ". " ,CARLISLB.PAI7013.30S',. '. "';JUL'O 71998 .. ,.. ,," ' 'd''"' ""..,' " '~r;t:;;~lN:;:,'ti;;:(~>':" "" (717) 249:~27 :;, ':? ,\, :;~': " :: ,; ':'/' /,<i':"'i; "':M' :~:,;,::,~.; ',L',~;,:':i:,;;;,:';~:{,,':,'li 1;\:1 .,,"~~ .~' "l." '::"':'l : :~<!, r ... . .. I :'1 i ~) I" It! 1 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO .q'/)~~6 (b CIVIL CIVIL ACTION - LAW HELEN A. NAUMOFF, ?,(..~\~~O~ ( : PROTECTION FROM ABUSE ORDER AND NOW, this day of , 1998, upon presentation and consideration of the within Petition, and upon finding that the Plaintiff, Helen Naumoff, now residing at 192 Birch Lane, Carlisle, Cumberland County Pennsylvania, is in immediate and present danger of abuse from the Defendant, Lisa Kove, the following Temporary Order is entered. The Defendant, Lisa Kove (SSN: 083-40-9337, Date of Birth: 12/27/58), now residing at an unknown location within Cumberland County, is hereby enjoined from physically abusing the Plaintiff, Lisa Kove, or placing her in fear of abuse. The Defendant is excluded from and is ordered to stay away from the Plaintiff's residence located at 192 Birch Lane, Carlisle, Cumberland County Pennsylvania, a residence which is rented by the Plaintiff and one which the Defendant has never occupied. The Defendant is ordered to refrain from having any direct or indirect contact with the Plaintiff, including but not limited to, telephone and written communications, except for contact directed for the specific purpose of communicating about the children, facilitating exchanges of custody, or being able to . communicate directly with the minor children, who are the subject of a separate custody case, now pending before the Honorable J. Wesley Oler, docketed in Cumberland County at No. 98-1041. The Defendant is enjoined from harassing and stalking the Plaintiff and from harassing the Plaintiff's relatives, Plaintiff's friends and the children's caretakers. The Defendant is enjoined from entering or contacting the Plaintiff's place of employment or business. A violation of this Order may subject the Defendant to i) arrest under 23 Pa.C.S.A. S6113; ii) a private criminal complaint under 23 Pa.C.S.A. S6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S.A. 56114, punishable by imprisonment up to six months and a fine of $100 - $1000; and iv) civil contempt under 23 Pa.C.S.A. S6114.1. Resumption of co- residence on the part of the Plaintiff and Defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk or harm to the Plaintiff. The Defendant is ordered to relinquish to the Sheriff's Department any weapon/s which she owns, possesses, or has used or threatened to use against the Plaintiff, and the Defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order. (J) HELEN A. NAUMOFF, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL CIVIL ACTION - LAW LISA KOVE, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE ORDER COMES NOW, the Plaintiff in the above action, by her attorney, Samuel W. Mi1kes, Jacobsen & Mi1kes, and requests of this Honorable Court that it enter on her behalf a Protection from Abuse Order, based upon the following information: 1. The Plaintiff is Helen Naumoff, who is an adult individual residing at 192 Birch Lane, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Lisa Kove (SSN: 083-40-9337, Date of Birth: 12/27/58), who is an adult individual residing at an unknown located within Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant had a prior intimate relationship with one another which ended earlier this year. 4. Throughout the relationship between the parties, and beginning in 1988, the Defendant has attempted to cause bodily injury to the Plaintiff, and has caused the Plaintiff to be in fear of imminent serious bodily injury, by the following acts: a. On or about February 28, 1998, the Defendant asked the Plaintiff to come to the Defendant's residence. When an argument then occurred at Defendant's residence, the Defendant kicked and struck the Plaintiff with a closed fist. , b. On or about February 1, 1998, the Defendant kicked and struck the Plaintiff. c. On or about March 18, 1998, the Defendant appeared at the Plaintiff's residence, upset over a recent custody order involving the parties to this action. The Defendant kicked in a screen door and took a butcher knife in her hands and at first threatened to do harm to herself, and then waived the knife around, stepped toward the Defendant, and stated, maybe I should use this on you. d. On various occasions since the separation of the parties, the Defendant has directed other individuals to look into the windows of Plaintiff's residence, and as a result of these directions, people have looked into the privacy of Plaintiff's residence. e. On or about Tuesday, January 27, at a time the parties resided together, the Defendant struck the Plaintiff three times with a closed fist, while the parties were in the kitchen of their residence. Two of the children were in the residence at that time. f. On April 25, 1998, in the presence of the five minor children of the parties, the Defendant struck and grabbed the Plaintiff. The police were called via 911 and came to the scene. g. In April 1988, the Defendant struck the Plaintiff with closed fists. h. On various occasions since the parties separated in February 1998, the Defendant has left threatening . messages on the Plaintiff's voice mail. 5. The Plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the Defendant without the Defendant's exclusion from Plaintiff's residence. 6. The Plaintiff desires that the Defendant be prohibited from having any direct or indirect contact with the Plaintiff including, but not limited to, telephone and written communications, other than ones directed for the specific purpose of communicating about the children, facilitating exchanges of custody, or being able to communicate directly with the children. 7. The Plaintiff desires that the Defendant be enjoined from harassing and stalking the Plaintiff, and from harassing the Plaintiff's relatives, Plaintiff's friends and the children's caretakers. 8. The Plaintiff desires that the Defendant be restrained from entering her place of employment or business. 9. The Plaintiff desires that any weapons the Defendant owns, possesses, and has used or threatened to use against the Plaintiff and/or the minor children be confiscated by the Sheriff's Department. 10. The Plaintiff requests that the Defendant be ordered to pay $500.00 as reasonable attorney fees. WHEREFORE, pursuant to the provisions of the Pennsylvania Protection from Abuse Act, 23 Pa.C.S.A. S 6101 ~ ~, the Plaintiff request of this Honorable Court that it grant the following relief: a. Grant a Temporary Order, providing as follows: I (1) Ordering the Defendant to refrain from abusing the Plaintiff or placing her in fear of abuse. (2) Ordering the Defendant to refrain from having any direct or indirect contact with the Plaintiff, including but not limited to telephone and written communications, except for contact directed for the specific purpose of communicating about the children, facilitating exchanges of custody, or being able to communicate directly with the children. (3) Ordering the Defendant to refrain from harassing and stalking the Plaintiff and from harassing the Plaintiff's relatives and the caregivers of the minor children. (4) Prohibiting the Defendant from entering the Plaintiff's place of employment or business. (5) Granting Plaintiff possession of the residence located at 192 Birch Lane, Carlisle, Cumberland County, Pennsylvania, to the exclusion of the Defendant. (6) Ordering the Defendant to relinquish to the Sheriff's Department any weapon(s) which she owns, possesses or has used or threatened to use against the Plaintiff, and prohibiting the Defendant from acquiring or possessing any other weapons for the duration of the Order. b. Schedule a hearing in accordance with the provisions of the Protection from Abuse Act, and after such hearing, enter an Order to be in effect for a period of one year, providing the following: (1) Ordering the Defendant to refrain from . 1 abusing the Plaintiff or placing her in fear of abuse. (2) Ordering the Defendant to refrain from having any direct or indirect contact with the Plaintiff, including but not limited to telephone and written communications, except for contact directed for the specific purpose of communicating about the children, facilitating exchanges of custody, or being able to communicate directly with the children. (3) Ordering the Defendant to refrain from harassing and stalking the Plaintiff and from harassing the Plaintiff's relatives and the caregivers of the minor children. (4) Prohibiting the defendant from entering the Plaintiff's place of employment or business. (5) Granting Plaintiff possession of the residence located at 192 Birch Lane, Carlisle, Cumberland County, Pennsylvania, to the exclusion of the Defendant. (6) Ordering the Defendant to relinquish to the Sheriff's Department any weapon(s) which she owns, possesses or has used or threatened to use against the Plaintiff, and prohibiting the Defendant from acquiring or possessing any other weapons for the duration of the Order. (7) Ordering the Defendant to pay $500.00 as reasonable attorney fees for the prosecution of this case. The Plaintiff further requests 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 a certified copy of this Petition and Order be delivered to the Middlesex Township Police Department which has jurisdiction to enforce this Order. The Plaintiff prays for such other relief as may be just and proper under the circumstances. Respectfully submitted, I BY: Samuel W. Milkes, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 .. .....,.,.....__.~-'.-...,." - -.... .,.r..'.~".._-""'..,.,-....,'... . LISA KOVE, Plaintiff IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W HELEN NAUMOrr, Defendant NO. 98-3616 CIVIL TERM IN RE: PLAINTIFr'S MOTION TO CONTINUE HEARING ORDER or COURT AND NOW, this 7i~ay of July, 1998, upon consideration of Plaintiffs Motion to Continue Hearing, the Motion is DENIED. THE HEARING previously scheduled on the Protection From Abuse for July 9, 1998, before the undersigned judge is hereby transferred to the Honorable Kevin A. Hess and rescheduled for Wednesday, July 8, 1998, at I :30 p.m., in Courtroom No.4, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, t/J~ Wesley Oler, Jacqueline M. Verney, Esq. 4 Liberty Avenue Carlisle, P A 17013 Attomey for Lisa Kove Samuel W. Milkes, Esq. 52 East High Street Carlisle, PA 17013 Attorney for Helen Naumoff :rc LISA KOVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W HELEN NAUMOFl", Defendant NO. 98-3616 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO CONTINUE HEARING i ORDER OF COURT AND NOW, this 1i~ay of July, 1998, upon consideration of Plaintiffs Motion to " I I Continue Hearing, the Motion is DENIED. THE HEARING previously scheduled on the Protection From Abuse for July 9, 1998, before the undersigned judge is hereby transferred to the Honorable Kevin A. Hess and rescheduled for Wednesday, July 8, 1998, at I :30 p.m., in Courtroom No.4, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, l/J~ Wesley Oler, Jacqueline M. Verney, Esq. 4 Liberty Avenue Carlisle, PA 17013 Attorney for Lisa Kove Samuel W. Milkes, Esq. 52 East High Street Carlisle, PA 17013 Attorney for Helen Naumoff :rc i.:;i~'~/'" . tt~~....1 ~J),r"'j.' ~ , '< ". ~ 1\' . '", ... .', , ""II 1, 1~".~Jitr~.//IfJJ,;r,'" ,..;,;;;, :,!.,,,,.;~j iej;ol i!it4".;t\~""'.\.~''':'f?'.'l'~r'.)''!~~I'' ',"~!J i'., ,'" ,>""Iv _,I l'1'I:t,',.)i.~ -' . "', '''',',''- .\ d_, ,....~'...:;'!l:'~'~ (,-$I!r~'l' u:..:;.~..~,.........;.;,~_..............._....,1';'_...,,_..~.J'W;! " ~ .'~'. O;<'j",.. '..~..'" ~', ".11." 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", :->>':'",", _,"-' " '(' ,~'" ~" ,\,,'1,'~~'1'>:\!J.\~'" vs. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-3616 CIVIL CIVIL ACTION - LAW LISA KOVE, Plaintiff HELEN NAUMOFF, Defendant PROTECTION FROM ABUSE ORDER AND NOW, this day of , 1998, upon presentation and consideration of the Motion to continue Hearing, filed by Defendant's counsel, the hearing previously set in this matter for the 9th day of July, 1998, is hereby continued, to be rescheduled upon further consultation with counsel. The terms of the Temporary Protection Order entered on June 29, 1998 shall remain in full force an effect until further Order of Court, an in no event beyond June 28, 1999, except that two provisions shall be modified as follows: a. The language at page 2 of the Order shall not prevent the Defendant from making contact with the Plaintiff, including telephone contact, for the sole purpose of discussing matters having to do with their children, or for the purpose of being able to speak with the children by telephone. b. The language at page 2 of the Order shall not prevent the Defendant from making contact the schools or day care facilities of the children. The subject of Defendant's and Plaintiff's ability to communicate with the children, and to communicate with one another shall be addressed further in connection with the custody in only a few days. Numerous witnesses were present at the encounters delineated in Plaintiff's Petition, who would testify as to a different, non-abusive version of the incidents. Some, but not all of the witnesses have been talked to by counsel. It is anticipated that most of these witnesses will need to be subpoenaed. 4. The parties in this Protection from Abuse Petition are also parties in a custody case, docketed at No. 98-1041, scheduled to be heard by the Honorable J. Wesley Oler on July 8 and July 10. Accordingly, in the midst of preparing for this crucial custody case (in which Lisa Kove is seeking to move to California, and to terminate of any contact between Helen Naumoff and the five children), Ms. Naumoff is being asked to set these matters aside in order to prepare for a Protection from Abuse case. Ms. Naumoff is represented by Legal Services, Inc. in the custody case. 5. The Protection from Abuse Petition filed in this case was verified on June 29, 1998, alleging a most recent incident of abuse on May 28, 1998. While the Defendant does not assert that such timing is too remote to be considered in this case, it is suggested that the one-month delay in bringing the case is part of the cause of the very tight scheduling between the Custody and Protection from Abuse cases. 6. The Defendant has no objection to the continued effect of the Temporary Protection Order now in effect in this case, with one exception. Although the Petition filed in this case does not name the minor children, and does not seek relief on their behalf in the WHEREFORE clause, the effect of the Temporary Protection Order is to interfere with Ms. Naumoff's relationship with the children, as follows: a. At page 2 of the Order (attached), the Defendant is directed not to have any contact with the plaintiff, including even telephone contact, even if the contact involves matters having to do with the children, and even if the contact is for the sole purpose of being able to speak with the children by telephone. b. At page 2 of the Order, the Defendant is directed not to contact the schools or day care facilities of the children, even though Ms. Naumoff currently has custody rights pursuant to the custody case docketed at No. 98-1041. 7. The Defendant asks that the hearing set in this matter be rescheduled and that in the meantime, the two provisions set forth above be modified, to be addressed in the custody case, which will be heard on Wednesday and Friday of this week. 8. Counsel for the Defendant has contacted counsel for the Plaintiff, Jacqueline M. Verney, Esq., who states that the Plaintiff is not agreeable to a continuance. The reason for the objection appears primarily to do with the fact that the Plaintiff intends to move from the area. However, Defendant suggests this does not pose a problem because: a. Ms. Kove has also pursued criminal charges of simple assault, scheduled for a preliminary hearing on July 27, 1998, so she will need to return to the area in any event. . . . . LISA ROVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. Plaintiff v. NO. 98- 3&/iP CIVIL TERM HELEN NAOMOFF, Defendant PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION ORDER AND NOW, this ~day Of?".,J? 1998, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Lisa Kove, now residing at an undisclosed location in Cumberland County, Penn~ylvania, is in immediate and present danger of abuse from the defendant, Helen Naumoff, the fOllowing Temporary Order is entered. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff and/or the children in the juriSdiction or district or furnish any address, telephone number, or any other demographic information about the plaintiff and/or children except by further Order of Court. The defendant, Helen Naumoff, (SSN: 579-92-7860 and date of birth 8/20/63:) now residing at 192 Birch Lane, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Lisa Rove, or placing her in fear of abuse. The defendant is excluded from and is ordered to stay away from the plaintiff's prior residence located at 181 Cedar Lane, 1 Carlisle, Cumberland County, Pennsylvania, a residence which is; owned solely by the plaintiff, which is not owned or leased by the defendant, (and any other residence the plaintiff may establish) . The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, child caregivers. The defendant is enjoined from entering or contacting the plaintiff's place of employment/business or the school/s and the day care facilities of the minor children. The defendant is enjoined from removing, damaging, destroying or selling any property owned by the parties or owned solely by the plaintiff and said property owned by the plaintiff in defendant's possession shall be returned immediately upon receipt of this Order. A v.i.olation of this Order may subject the defendant to: i) arrest under 23 Pa.c.S. ~6113; ii) a private crindnal complaint under 23 Pa.C.s. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 56114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civ.i.l 2 97 ~ contempt under 23 Pa.c.S. ~6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. The defendant is ordered to relinquish to the sheriff's department any weapon/s which she owns, possesses, has used or threatened to use against the plaintiff, and the defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order. A hearing shall be held on this matter on the 9~ day of , 1998, at 'if.' 5/.? t:( .m., in Courtroom No. L, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the 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 3