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ELISE M. ARENA,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
SALVATORE ARENA,
DEFENDANT
98-5794 CIVIL TERM
ORDER OF COURT
AND NOW, this 19th day of November, 1998, following a hearing on the merits,
the petition to hold defendant Salvatore Arena in contempt of the temporary
protection order entered on October 9, 1998, IS DISMISSED.
By the Court,
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Edgar B. ~yle~ J.
William I. Gabig, Esquire
Assistant District Attorney
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James Bach, Esquire
For Defendant
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probation for 6 months, said sentence to run consecutive to the
sentences imposed at the charge occurring at 9:15 p.m. on
December 25. The aggregate total amount of these sentence is 2
days to 12 months in the Cumberland county Prison, plus a
consecutive probatory sentence of 6 months.
It appearing to the Court that the defendant has
already served the minimum term of incarceration imposed, he is
paroled immediately on the condition that he be and remain on
good behavior and comply with all directions of his parole
officer, and be subject to the following specific conditions:
,
1. That he have no contact with Elisa Marie
Arena or any member of her family, to include sisters, parents
or children other than his son Sasa. No contact means no
contact, directly or indirectly, by phone, in person or by
letter.
2. All visitation with Sasa shall be arranged
through counsel and/or through Patty Arena. The said Patty
Arena shall pick Sasa up for visitation at the home of Elisa
Marie Arena, and shall return him to said home after visitation.
If she is unwilling to do so, this Court should be advised
immediately so that other arrangements can be made.
3. The defendant shall not at any time
whatsoever be physically within one quarter of a mile of
Mrs. Arena's residence, nor within 1,000 feet of Mrs. Arena.
4. The defendant is to attend and successfully
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ELISA M. ARENA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
SALVATORE ARENA, PROTECTION FROM ABUSE
Defendant NO. 98-5794 CIVIL TERM
IN RE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 22nd day of January, 1999, at the
request of the Defendant, this matter is continued until Monday,
February 22nd, 1999, at 1:00 p.m. Pending said hearing,
Defendant is released on ROR bail subject to the specific
condition that he have no contact whatsoever with the Plaintiff,
Elisa M. Arena, by phone, by letter, in person, through friend,
any way whatsoever.
In order to effectuate transfer of custody, until
further order of this Court, as a condition of bail father may
not visit with his child except between the hours of 10 a.m.
and 2 p.m. every other Wednesday beginning January 27, 1999.
Said transfer of custody shall take place at the Upper Allen
police station. The mother will drop the child off in the
police station, and the father will not exit his vehicle as long
as the mother is on the property of the police station. The
father may then piCk the child up from the station. The same
procedure will work in reverse order at the time that mother
pickS up the child.
If the Defendant violates any condition of bail, it is
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EI iSII M. Arenll,
P I II i n t iff
IN Tlli'. "OUHT 01' COMMON Pl.EAS
I.J/o ClJMIli'.Hl.ANII COUNTI'. PENNSYl.VAN I A
V.s.
NO. <)H-~7"4 CIVil, TERM
Salvatore Arena.
Defendant
PROT!'TT t ON FROM ABUSE
AND "USTODI'
1::J_N,Al. _ ')J(Il!';I, ')f' f ~()l 11<'1'
Defendllnt's Nllme: SlIlvlltore Arenll.
Defendllnt's Date of Birth: 5/12/54.
Defendant's Social Security Number:
1'14-60-8874.
Names of al I Protected Persons, including
chi Id: EI isa M. Arenll.
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Plaintiff IInd minor
~~
The plaintiff is represented by Joan Carey of LEGAL
SERVICES, INC.; the defendant is represented by James M. Bach.
The defendant, although entering into this Agreement, does
not admit the allegations made in the Petition. The parties
agree that the fol lowing may be entered as an Order of Court.
o Plaintiff's request for a Final Protection Order is denied.
OR
B Plaintiff's request for a Final Protection Order is granted.
B
1. Defendant shall not abuse, stalk, harass, threaten the
Plaintiff or any other protected person In any place where
they might be found.
o 2. Defendant Is completely evicted and excluded from the
residence at *, *, Cumberland County, Pennsylvania, or any
other residence where Plaintiff may live. Exclusive
possession of the residence is granted to Plaintiff.
Defendant shall have no right or privilege to enter or be
present on the premises.
o On the _ day of ____, 1998, Defendant may enter
the residence to retrieve his/her clothing and other
pcrsonal effects, providcd that Defendant is in the
~
COITIIHlny of II IIIW crlforCcllll'nt O(riCl'f when such
r C I ,. i c V It lis 11111 II l' .
181 3. Except liS provided in I'lIrllgraph 5 of this Order,
Defendant is prohibited from huving ANY CONTACT with the
I'luint irf lit llny loeut ion, including, but not I imi ted to,
any contllct lit the I'llIintiff's school, business, or place of
employment. ()efendllnt is speci ficlllly ordered to stllY 11WllY
from the fol lowing loclltions for the durlltion of this Order:
Plaintiff's current rcsidence and IIny other residencc where
PIli i n t iff mllY live.
181 4. Except liS provided in I'lIrugrllph 5 of this Order,
Dcfendllnt shull not contllct the Plllintiff by telephone or by
any other mellns, including third parties.
181 5. Custody of the minor children, SlIlvatore E. Arena (DOll
1/23/96) shall be liS 1'01 lows: see attached Custody Order.
o 6. Defendant shall immediatety turn over to the Shcrirf's
Office, or to a local law enforcement IIgency for del ivery to
the Sheriff's Office, the rollowing wcapons used or
thrcatened to be used by Derendant in an act of abuse
against Plaint ifr and/or the minor chi Id/ren:
o 7. Defendant is prohibi ted from possessing, transferring
or acquiring any other weapons ror the duration of this
Order. Any weapons delivered to the sheriff under Paragraph
6 of this Order or under Paragraph 6 of the Temporary Order
shall not be returned unt i I rurther Order of Court.
181
8. The following additional relief is granted as
authorized by ~6108 of this Act:
a. Law enforcement agencies, human serviee agencies
and school districts shall not disclose the presence of
Plaintiff and the children in the jurisdiction or
district or furnish any address, telephone number, or
any othcr dcmographic Information about the plaintiff
and chi Idren cxccpt by further Order of Court.
h. This Ordcr shall remain in cffcct until modified
or terminated by the Court and can be cxtended beyond
its original expiration dllte if the Court finds that
the dcfcndant has committcd another act of abuse or has
cngllgcd in a pattcrn or prllctice that indicates
continued risk of hllrm lo lhl' plaintiff,
C, Till' defelldllfll i~ L'njoined from dHllIagiu,,-! or
destroying /Ill,\' properly oWlled jointly hy the pnrtics or
owned solely hy the plaintiff.
d. The defendant is to refrain from harassing the
plaintiff's relatives or the minor children.
t', The court cost Hnd fees arc waived,
o 9. Defendant is directed to pay temporary support for
plaintiff and/or the minor child/ren as fol lows: the amount
of $ per week, payable to the plaintiff in the form of a
check or money order, by moi I pending the entry of an order
by the Cumbertand County Domestic Relations Office. The
first payments is to commenee within ten days upon entry of
the Protection Order and each (week, month) thereafter. The
defendant further agrees to provide health coverage to the
spouse and/or minor ehi Id/ren, /lnd wi 11 pay al I of the
unreimbursed medical expenses of the plaintiff and/or minor
chi Id/ren to the provider or to the plaintiff if she has
paid for the medical treatment, and the defendant agrees to
make or continue to make rent or mortgage payments on the
residence of the plaintiff. This Order for support shall
remain in effect unt i I a final support order is entered by
this Court, However, this Order shall lapse automatically
if the Plaintiff does not fi Ie a complaint for support with
the Court within fifteen days of the date of this Order.
The amount of this temporary order does not necessarily
reflect Defendant's correct support obligation, which shall
be determined in accordance with the guidelines at the
support hearing. Any adjustments in the final amount of
support shal I be credited, retroactive to this date, to the
appropriate party.
o
10.
and
The costs of this action are waived as to the Plaintiff
imposed on Defendant.
o II. Defendant shall pay $ * to Plaintiff as compensation
for Plaintiff's out-of-pocket losses, which are as follows:
OR
o tl. Plaintiff is granted leave to present a petition, with
appropriate not ice to Defendant, to [insert the name of the
judge or Court to which the petition should be presented] *
requesting recovery of out-of-pocket losses. The petition
shall include an exhibit itemizing all claimed out-of-pocket
losses, copies of all bi I Is and estimates of repair, and an
Order schedul ing a hearing. No fee shall be required by the
Prothonotary's office for the filing of this petition.
o 12. "RADY INDICATOR
t. 0 Thc Plaintiff or protected person(s) is a
spousc, former spouse, a person who cohabitates or has
cohalli ted wi th the Defcndant, a parent of a common
child, a chi Id of that person, or a chi Id of the
Defendant,
2. 0 This Order is being entered after a hearing of
which the Defendant received actual notice and had an
opportunity to be heard.
3. 0 Paragraph I of this Order has been checked to
restrain the Defendant from harassing, stalking, or
threatening Plaintiff or protected person(s),
4. 0 Defendant represents a credible threat to the
physical safety of the Plaintiff or other protected
person(s)
OR
4. 0 The terms of this Order prohibit Defendant from
using, attempting to use, or threatening to use
physical force against the Plaintiff or protected
person that would reasonably be expected to cause
bodily injury,
IHI
13.
THIS ORDER SUPERSEDES
IHI
ANY PRIOR PFA ORDER AND
IHI
ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
IHI
14. All provisions of this Order sball expire in one year.
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. ~6I14. 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 ACTION, 18 U.S.C.
~2265. 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. ~~ 2261-2262. IF
PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT
TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS
OF THE GUN CONTROL ACTION, 18 U.S.C. ~922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION,
NOTICE TO LAW ENFORCEMENT OFFICIALS
The pol ice who hllve jurisdiction over the Plaintifr's
residence OR anv loclltion where II violation of this Order occurs
OR where the De'fendant may be located, shal I enforce this Order.
An arrest for "iolation or Paragraphs I through 7 of this Order
may be without warrant, bused solely on probable cause, whether
or not the violation is eommitted in the presence of the police.
23 Pa.C.S. ~61lJ.
Subsequent to an arrest, the police ofrieer shall seize ull
weapons used or threatened to be used during the violation of the
Proteetion Order or during prior incidents of abuse. The
Cumberland County Sheriff's Depllrtment shal I muintain possession
of the weapons unt i I further Order of this Court, When the
Defendant is placed under arrest for violat ion of the 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 fi Ie 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 ing.
BY
Edward E. Guido, Judge
This Order is entered pursuant to the consent of Plaintiff and
De fendan t :
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Elisa M. Arena, Plaintiff
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Salvatore Arena,
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Defendant
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O'~an Carey :1'-
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
~~~~
J mes M. Bach
ttorney for Defendant
352 South Sporting Hill Road
Mechanicsburg, PA 17055
(717) 737-2033
,
f.:lislI M. Arena,
1'1 a i n l if I'
IN TilE COURT OF COMMON Pl.EAS
VS.
OF C:(JMIIERL,~N/) COUNTY. PENNSYl.VAN 1,\
SlIlVillnrc Arcrla,
Defendant
NO. ~1l-57'14 CIVIL TERM
PROTECTION FROM AIlUS1;
AND CUSTODY
G.llliJ.Q!)LQ Ill) r~ R
AND NOW, this j'2~"-- dllY of ,J'-]~"Fl\r~~~__, t998, upon
eonsideration of the parties' Consent Agreement, the fOllowing
Order is entered wilh regard to custody of the parties' child,
Salvatore E. Arena (DOR 1/23/96).
I. The plaintiff, hereinafter rel'erred to as the mother.
and the defendant, hereinafter referred to as the father, shall
share legal custody of the chi Id.
2. The mother shal I have primary physical custody of the
eh i Id.
3. The father shall have partial custody of the child
every other week from Monday at 10:00 a.m. until Tuesday at 6:00
p.m.
4. The mother shall have custody of the child on Christmas
Eve at 5:00 p.m. until Christmas Day at 10:00 a.m. and the father
shall have custody on Christmas Day at 10:00 a.m. until 7:00 p.m.
5. The father shall have custody of the chi Id on
Thanksgiving from 10:00 a.m. until 2:00 p.m. and the mother shall
have custody 2:00 p,m. until 7:00 p,m.
6. The father shall have eustody of the child on Easter
from 10:00 a.m. until 2:00 p.m. and the mother shall have custody
from 2:00 p.m. until 7:00 p,m,
7. The mother and father shall alternate the fOllowing
hol idays: Memorial Day, the Fourth of July, and Labor Day with
the mother having custody of the child on Memorial Day 1999.
8. The mother and father shall have custody of the child
for one week each summer to include two weekends. The mother and
father shall give each other at least one months notice as to the
week each parent wants.
9. The father shall not remove the child from the United
States of America.
10. The father shall provide advance notice to the mother
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before removing the child fnllll the ('OIllIlIOflWCitlth or Pcnnsylvllnill
and hc shall providc hcr wi lh "n addl'l'ss and tclcphonc numbcr
whcre the chi Id wi II he.
II.
theehild
The falher's custody is eonditioncd on his transporting
in an age appropriatc child safety scat,
12. Thc fathcr shall contact thc mothcr first to givc her
thc option of taking the ehild if hc needs child earc during his
period of eustody.
13. The transfcr of custody shall occur at thc Uppcr Allen
Township Poliee Oepartment,
14. The mothcr and father, by mutual agreement, may vary
from this schedulc at any time, but thc Ordcr shatl remain in
effect unt i I further order of court.
15. There shall be reasonable not ice given to the other
party if a scheduled period of partial custody needs to be
cancel led or modified and a make-up period shal I be offered
within a reasonable time frame.
16. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
chi Id is in that parcnt's care.
17. Neither party shall do anything which may estrange the
chi Id from the other parent, or injure the opinion of the chi Id
as to the other parent or which may ha~e free and natural
"."".", " ", ,""', ".:y'~ ,', "'" ,."".
Edward E. Guido, Judge
This Order is entered pursuant to the consent of Plaintiff and
Defendant:
{itO(L 1I1.IJ/u /)'V,
EI isa M. Arena, Plainfi ff
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Defendant
Salvatore Arena,
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( oan Carey
Attorney for Plaintiff
LEGAL SERVICES. INC.
8 Irvine Row
Carlisle, PA 17013
(7 I 7) 243-9400
~~
J mes M. Bach
\ t torney for Defendant
'-.52 South Sport ing Hi II Road
Mechanicsburg, PA 17055
(717) 737-2033
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this Ordt'r, ,}()U IllilY ilL' slIhjl'('1. It) rt'r1l_'I"'lJ criminill pr()c('~ding,-; undl'r
the V;ol"!Jl'l' ,1;:;oj!J'1 WOII"''''\l'l, I,~ 1',SJ', ~ ::61-"2(;2,
YOU SIInI;1 fl T..lf.:1': 'I'll I S 1'011'1'11 Tn ynl'R J.'I\\'YI':R AT 0'1(,1':, YOU f1A\'1' Till'
InrmT TO 11,1\'1' A J.,\\\'YFI1 RI':PII['SF~T ym: yr Till': IIFIf.'I\Jc,. TIW cmiRT WILL
~;oT, IInWFVFR. APPOINT A I.IWYFR I'Oli ynll, IF YOI: nn 1\01' 11,11'1' A LAWYFR
OR cANNOT M'fnrm ONF, ron Tn OR TFJ.FPllnNF 1'111' ()FI': I ('1' SFT FORTII f1EJ.OW TO
FINO OIlT WilERI' Y()I' ('.-1"1 (;1':1' / F(\III IIFLf', II': yot: (",INNnT fT"1fl ,I L/IWYFR.
Y()l! MeIY HAVI': TO Plii".(TFfl WITII()[JT ONI',
('11"'111'111 ilc:n r'OIlNTY 11.0\11 .'lSsn('/ AT ION
2 LJREI1TY AVLNIlE
('ARLI SI,I':.' I'FNI\SYJ.VAN 1 A r-n 1.1
TFLFPllnNF NIlMI1ER: (-, 7 I 2-19-.1 I fiG
.QM F': Ii. r ell N S J_!J1LJl T S /I!IJJeJ.I.L!::LiI.c:.c. _QL.J. 2..9Q
The Court of Cornlllon Plt~i1.'-i or r:umherland C'tHIllty is required hy 1 a v.' to
comply with the Atlll-'ricrtlls with nisilhilit iL"~ {\cl or 1000. For
infornHltinll ilhout rICt'l'S,',ihlL' filcilitit''-'. Hlld !"(';IS()'Plhle ilCColllllhHlatinns
;tvnilahll' tu di~ahl(;d illdi\'idtl;II~.. hil\'ill,!{ hll~;ir\l.'~~~'; J;(,r\)rt~ the Cl'"1Urt.
plL'il'-'L' ('nlltact ()l1r pfril'L'. {\11 ill'l-itI1,!!('lIlt'nl... 11111~t he madL: ill leilsL 72
hours prillI' III any hL';rrill~.' (II' !:U',illl','-'.''; he!'l)rl' lIlt: l.'llllrt. Ynll must
alll'rld the' ,;c'I1L'dulcd t'nnf('rell('V ur IH'ilril1g.
1'1 i', I '-I, \ 1'1,' n" ,
1'1;1 irll iff
,!il
"r,' j' 11/ 11,\1'.11'" 1'1 "
\"'"
"1 I 1 ','1'.1 f'l \ \ I r \ ,1,/"" , i'l \." ',J '. \ \'! \
Sd I \<1 t Pit' ,\! ('lid.
J )I" r I' rid In t
['1'.'11 "II,:\j
I'l;/J'fl( TIn\; f f:(l'-' \Itl''-;I
" ':1, I ".'~T()ljY
T!:_\:lJ',(lI~\!~\ l'IUloITI'T11)'" r'l~()\' \Hros/. ()1{/lJ Ii
J)ef('ndant's Na"It~: ~i1lvillort. ^r"nfl.
Defendant 's Ilrtll~ of Birlh:
'/17/"4,
Defendant's Soc ia I ~{,l'tlr it y Numher:
1 '14-(,O-XR74,
Names of ;111 P,'ot('cl.ed Persons, ifJcllldin!~ Plaintiff (lnd minor
eh i lei: I,: Ii S/l M. An'JllI,
Mill NOW, I his _.9_~_,_,_ day or Oeloher, ll)l)X, "pOll
COliS iderat ion of the attached Pel i t ion for Protect ion from Ahut-ic,
the court herehy enlers t he following Temporary Order:
~
1.
Defendllnl shall not f1husc, harass, stalk or threaten
any of the ahove persons in any plllee where they might he
fOllnd.
~ 2. Ilerendanl is evieted and excluded rrom the plaint i rr's
residence localed at 4.14J rarl isle Pike, Apartment C5, Camp
flill, Cumberland County, Pennsylvania, 11 rc:-;idcncl' which i~
jointly leased hy the part ies, hut rrom which Derendant
voluntarily Inoved, elf ;lny tltJlcr perrn;tncnt or lem!)(lrllry
residence wllerc Plnint i rr may live.
Plaintiff is granted exclusive possession of the
l"csi,Jcncc. De fCllclarlL shal I tlHvC no right (If I'rivi lege to
enter or he present on the premises, except for the I irni lcd
purpose of transferring custody of the part ics' chi IcT. The
defendant ShHl1 remain in his vehicle at all times during
the l. fans fe r of eus tody.
~ 1. Except ror slIch contact wi th the minor chi 1<1 as may be
permitted under Paragraph 5 of this Order, Defendant is
prohibited rrom havillg ANY rONTA~r with Plailllirr at /lny
location, inClUding, hill nol limited, to any contact at
Plaintiff's school: hIJsinl~Ss, or place of employment.
1)1'1'1'1111.1111 ", "111'1 ifil.ill.\ 11111"11'" 1.1 ';li.Y ;IW;I.\ fl.'llll
fUlltl"j,,!, 101,11 ill,,'. ;(11 I Ill' dIJliJl i(!/I Ill' I hi.. Of'd,'!";
plilinlirr',; '....idl'IHI. IIH:1I1'" Ijl '1,111 ~';.rli',II' Pi~l'l
^Jlilllflll'n' ('''i, (';11111' IIi II, r'l/lIdll'llilrHI ('llllrJly, ""'''I'~ylv;lrJjil, II
't......id,."..l. whi/'/' j" j"illlly rl'il~~l'd hy I fl(' pHI'l il", , Ill/I from
",hic'" f)"ft'f1d;,"t VIIIIIIII",i Iy lIIC1ved, Ill' fillY olhef pt. nll,'tf1I'UI
It'lIIIHHill'...\' ('(','.idt'IWI' wl1"1'1' !'!;d"Iifr may liv(', (~\;I'C'P' for
limilt." Jlllflltl';{' elf IlllrJ~,f("'ring (,lJ~;lllcly or Ihc' 'HI!"il.......'
('hi Id, Th,' "t. ri'''''"'' , ~dl;lll 11'11111 io in hi:; vl'hi..,1' ill .'111
1 i",(..~ durill:: Ihi' l riHl';fi'r ill' ('lI<;lody.,
ht,
t Ii"
0"
I he
181
4, F\l't'pl rill SlIf'h ('onl "el wi I h I he minor chi lef CIS fOrlY he
permitted under Pllra~':r1Jph 5 of {llis Order, fh:fl'lHlanl ~;hal
not COHIIIl.t I'Inifllirr hy {{'I('phon<-' or hy any other lI1eant-l,
illl'llldin1.~ throlJ!.~h third pC'fsons.
181
5. PCfldinl~ tht' (lul(,OHll' of the final hl'ilrillg in this
mattl'fl Plilinti,.,. j" awarded lelllporilry cusl,ody or the
following minor t:hild: Salvatore E. Aren" (DOn 1/23/'16).
Unlil the final hearing, aJI t:ontaet between Defendant
and the ehi Id shall be I imi ted to the following: no contaet.
The loeal law enfort:ement agency in the juriSdiction
where the chi Id is located shall ensure that the child is
placed in the carl' and control of the Plaintiff in
ilt:t:ordancc wi lh lhe tenns or lhis Order.
o
6. fh.:fl'f1dil/!t slul! JIII!lI,-,',!!"t~ly I'l'linquish the following
W:: c:t P tll 1.':; tu till' ::hl'rifr'.s Office or a designated local law
'.:nforcl'IIll..'llt ;!gl..'tlcy ftlr the delj\'e['y to the Sheriff's Office:
1.\~rl'Ilddllt is pr(lhihitl'd froll1 possl'ssing, transferring or
acquiring <iny othL'r Wt'apl1flS fUf the duration of this Order.
a
7.
The following additiooal relief is granted:
The Cumberland County Sheriff's Department shall
attempt to make service at plaintiff's request and without
pre-payment of fees, but service may be aeeomplished under
/lny applicable Rule of Civi I Procedure.
This Order shall be docketed in the office of the
ProthonoLary and forwarded Lo the Sheriff for service. The
Prothonotary shall not send Ii copy of Lhis Order to
DefendanL by mai I.
Law enforcement agencies, human service agencies and
.school district:) shall not di,Selo,Sc the prc~cncc of
Plaintiff and Lhe chi Idren in Lhe jurisdiction or district
or fUflli:;h ,IllY :Iddle~:'..
dellloglal'l1il' illfllllll,ll ion
('X l'Cp l by ru I lilt' I Urdl'1
t l: Il'phl!lll'
i1htl\J( ltH'
I.) r ('{IU It,
IJlllIlll\'I, \1:
1,1"iflllll
allY \Jt hl' I
i III t J ~ ' II i II J I t' II
Thi~i ()ldl~J :;11;111 l't...'lIlain III effect ul1til lIIodifil'd DI
terminilted hy tht' ('ourl and C:lrI be extended hl'j'oud it:;
origillal e"pilatioll date if the ('OUlt filld" that Defe,"Llllt
has COlllllli lted another acl or a"u~.c OJ Ita:; clI,l'.agl'd in a
patt(~fn or pracl ice that ill(licate:~ ClllIl iflued ri~~k or harm to
Plaintiff.
De rcndalll
property owned
PIa i fit iff.
i~; enjoillcd frolll damaging or dC:-;lroyillg any
joint Iy hy the pari ;C:i or owncd solely hy
llL'rClldal1t is to refrain from harlls~illg Plaintiff's
rclalivc~l or t"t.. minor childf'l~u"
a H. ^ eerl ified eopy of thi,; Order .';hall he provided 10 the
pol ice departmcllt where Plaint i fr rL"::ides UIIU any other
agency spccified hereafter: Hampden Township Pol ice
Department.
o 9. TillS ()/WLl~ SI'j>L.~SEI)ES 0 :\:\\' /'/(I()R PFA OIW/':R A!,;iJ 0 MJY
PR I OR OIWEJ.' I(EL\T I :-if,; TO CIlI LIJ Cl'STOl)Y
a
10. TillS ORDER APPLIES IMMED/^TELY TO DEFENDANT ANiJ S!l^LL
REM^'N IN EFFECT UNTIL MODIFIED OR Tf';({MINNI'ED BY T!lIS COURT
^F'TE({ NOTICE AND IlEMUNG.
!\OTICF TO DI-:/'I':NIJM:T
Defendant i~j hereby notified that violation of this Order
lTIay result in arrest for indirect criminal contempt, which is
punishable by il fine or up to Sf ,000,00 and/or up to six months
in jail, 2.1 i'a.C',S, ~GIIL COnSl'll! of the Plaintiff to
Defendant's return to the re.sidenc~ shall not invalidate this
Order. which call only be changed or lI]odified through the filing
of appropriate COllrt papers for that purpose. 2.1 Pa.C.S. ~6113.
Derendant i,; furlher not ifil'd that violation of this Order may
subject him/her to state cllarges and penalties under the
IJcnnsylvnnia Crinlcs Code illld to fctlcI'lll cflargcs and penalties
ullc1er the VioleTlce Agllillst Wonlull Act, 18 U.S.C. 66 2261-2262.
Any protection order granted by a eourt may be considered in any
subsequent pr()cccdirtgs, includiTtg clli Id custody pr()cccdings,
under Litle 2] (Domestic I<ldatiofls) of the Pennsylvania
COflsol idated Statutes.
1,1",,1 '!
\1 "[\1,
1'1,1 ill! 11"1'
" :'". f':I['I" III
'()',I'II\" "11,\'';
II' 'I \,11\11'1,\"11 l'II('\'TY,jJ!\'.'<~~')I\'.'\\'!:\
\11. 'I''';,
"i \'Ii '11'11\1
SalVillol"(' ..\rt'pil,
f)l' rl'lld:i II r
i'IIIITII'!'I(J'; IT"\I ,\Ill'S I"
\1';11 IT'.;TIlJ;\,
.I'I:.TITI(J'; H)j~ 1"~()TH'lln\ I'I~()\I :\Hl~~-;F
('(lllNT .I
I. Plaint i rr',; rlitlllt.' I'">: 1,1 i....:1 \1. '\I1'l1il,
~. Ttll' flnll!t' ur tlJf: pl.'r,-;on.
protL'ct iUII f"'"UfIl ahllse j-;: J.
includin;!, Plaint
i ',it \1, 1\ r (' 11 a .
r r. Whll sVl'k',,;
J. Plilifltiff....; nddrl''';''; i.;: IJllcli'~l'I()",f.'d IUl'lltinn.
..J.. Dl' f('lJdiln t
4241 ('it,. 1 i, 'l'
Penns:, I Viln i il.
1 S Ill.' I i l'\' ell t (l
Pi k (> I Api! r t IIll' fll
I i \'...., fl t t hl'
Hh I ('HI11!' II i I
fol lowing ilddrl'ss:
I. ('urnhl'rlilfld j'uunty,
Defendant s Suciill Sl'curity 0:umher i'; lC)..J.-h()-::-:,~"74.
Defendant...:.; diltl' of hirrh is 5/1 "l./::i-l. ,
nCfelldllnt s place (If t'lI1p!(\Y111l'll! is :\lfredn Pi,zi-! ;Itld
R i S t (l r!lrll e.
:i. nefendnnt is Plaintiff's 1}1.l'~hilfld,
6. Def't:ndant Ila~ tll'l.:ll illV()I\,!,.{j
act ion: terrorist ic t.hrl'Ht:':-1 ilnd
in the following criminal
di~(Jrdl'rly conduct.
cou r t
'7 Plaint ff st.'l'k~..; tl,:'JIlpnr'lr.y l'U~,t()r1.v of the fDllowing child:
Name
Salvnlnre F, Art'nH
A!L<Lrl'ss
{lnd i <..;t: loo..;(l{l
Birth Dates
1/2.1/96
~. Plaint i rr ;lnd I1l'fl:lld'lnt ,Ire th(' par('nt", (''If tll(' fol lowing
III i I10 r ell i J d:
Name
Snlvill()re E. Arena
6.iliLre!iJj
r:nd i '~c lased
~1~
~ years old
Thl' fullowing
Plitilltiff'", reqllcst
i 1\ fllrrrPlt ion
fo r ;J n () rdt:
is pr(1\'idvd ill ',;uf'pl.lr
r ('II' ('IIi Id ('uo..;lndy:
or
ii
t:'
i,
( d l TIll' !I. I I ,\,1 1,(11 I 11'1: ,I ',~ t ' I I " ,
(I>) Ttll' I, , !.I , I I ," '1' I , " , "I 0- 1'1,1 ; "l ; II,
II , , 'I, ,. I'll , ",,1,11 , . . I, '1.11 " I" I"l ,I JIll1
(I") S i Ih'I' Ii; J, i I I J" I II'
rt11111\\ill!' I"" ',('It., ,111.1 "I
C.h.LI d~~~_ t1Jt!!U'
Sill \",!tll['t' '"
.\rVlld
,Pt!.f.",""ord"') t'hi Id
r i VI'" wit h
1'1 :! i II I i r r .111! 1 1,1"
;lllt! 1,lijl,;rll'
II:! ' ,~ (" t (t 1 ;1 II !~ ! I I .'
(} r 1":1 i 111 i r r l
f' r ;1 1111 if/"
Ill' fl'llddll t ,J I""
!llltl T;j / III i 'I l,'
IIill:l'l'I
PI!\ i It t, if r .
1)1' rl'flfL-\rl r. :Id\'
illld ,r;1 /m i rlt'
1\;. (' k,' 1 1
(rI) 1'1 a i IJ t
J'l'~ i ding ;11
i rr.
:111(\
t IF' nil}' Ill.' 1 (l f till' l: h i I d ,
lint! i Sl" J (1'it"J lflC'd '. inn.
l~; l' U r r l' n t I y
(I,;') She i., IHi!!' r i l'd,
1i
! h,.
I,I III, 11", ;II\'I! \\ It 11 I tll'
fl'! 111\\ 111!' ;/t!lll ,",',(",'
(f) Plrllntirr cur"':f1rly rl,-..;irl,_,o...; with the following person...:
Name
Sa IVHtort' E, .\rl'rlil
.r a ,1 e ", II a (' k e I t
.Ta/mine I~, Hackell
,\lId ("t' 'is
I I ,I ;.... !""'.'ll
Wh~'1l
I (),/ (1 /q:,~
I"
i J, t.~, l' /1 I
.11-tf {';tr r j....fl. p i ~ " I 'I" C
\l'd I tlllc'lI t ('.::;; tl)
(';IlPP IIi / / Il.'\ I 1l/',/0:,
41,11 (';lrl i ~ Il' Pikl' 1:'/05
'\p:\ , t IIIt'n '- n~ to
(';ll1lP IIi / / 1':\ 1:'/0-
R.i~J.J.!lJJ}~'iliJJ!
Stlll
n;tllgl1 t l' r
n;lughtvr
(g) Ih~fcndilntl the faltH'r or the l'hild,
residing at 4141 ('i\rli~lL' Pike, ApartlllC'nt
r'ull1herJantl County, Pl'r1nsyl\.'ilnia.
(h) ilL' i, IlJllrried,
i~; currently
n6, CRmp IT i I I ,
(i) f1elL'IJdIlIJt CUI'I'L'IJt/y rL',irlL", with the rol/nwing person.
Name
Luigi !\rcna
Fe I a l i nns.!!ll!
Nephew
(j) Plaint irr h", "oll prL'viou,ly pari icipllled in any
liliglllil1n "'I),"'erning L'l.lStolrly olr the IIholvl' mentioned chilrl
in this or !lrl)' utht'r ('\-'1.11'1,
r;
r ~- ) f) I .. I i I I! i f' r i 1, I ' r I, I
I tllll V 111! II," 1 IIi, dl11 I
Illllt.'! jllfi "Ii:" i'l!I,
~' r 1{1 \'. 1, (I.,
I"'fld i 11,'
III ,1:1.\ I)',fll,h
:II'! ,q I' .1 11'111 r In
1"'./'10'"
I"
11'1
,,1 ;111."
( I) PI,. i 111 i r r oIlll", 1111 r
,. (' I i I) II \\' 1111 l1"I~, Jl 11.\" i ( ;1 1
Ilil \'l' ('II...ll11Iy '11 \' i., j I ,I!
k (ll 1\\' it rl.\ Ill' I '~Ill) [IC) t 1).'1 r I ." r 11 {Ii i "
l'If', r lit! Y (l r I 11 (' (il i I d II! (1;\ I If;~, I I)
i'lIl li1'hl'~ "itll It'~,p'_'r:t {(I lht, Ll1ild,
(rn) Tilt. hi'" till! ('1"(' ,-; I... ;\lld
1,,11 i ld wi 11 Ill' IIH't ; r 1_ II... I. nll.\
P I i. i rJ I i r r pt.'lId ill." ;r Ill";!! i 11~'
including:
Ikrlll;lllvnl wI"II',t'-" or 'll(' !!linol'
I '. I t'lIlpt1!' ,!! i 1.\ :~. I .t 11 t vd I \l
ill Illi~, ITlillt(,!" rot r~';j'dql'~
(I) Pl;lintirr i~. i\ I'l'Spt1rl...ii>ll' parl'nt WlJll h;l'; prll\jdf'd
for till' l't1Hl(lon;II ;llId ph,y~;it'itl tH'C'I!", or tilL' {'hild ';;Ili'l'
his hirth, illld who ('illl IIl'....t t"kl' C,'ll'l' Ill' tht' mif1(l[
chi It!,
1:'1
he
chi
Ikrl'lld;tflt II"", 'dltH\-n
is not ,Ill dPplI1Jlri;tll.'
I d,
h Y 11 i 0..; it h 11" (' t 1 f PI,! i rl t i r r
1'011_' !Ilndl.'! for llil' minl)1'
Ilrll
(.1) J)l,rCIlr!;tlll. /1;\,..; thr(.'ill('Tll:d Of! "''-'\'cl'ill IIL'l'i(<..;ioll'-; tn
forcibly 1'('trrOV{' '_hc' ('hild frolll thl' plirinl ir,. <llld return
tn' t if I y wh l' r L' 111(1 S I (l r 11 i <..; 1';\ fll i I y r cO<"; i rI {' s ,
q, The rollnwil1~,' olht'r mintl!" childrcll fJl't'sl.'lllly livl' \\itl1
PI iI i 11 t i r r :
Nnmc
Jade HilCKCll
Jilznrirll' Hilckett
Plaint irf's rl:lalinns.~
_LCJ_._~fJj~.(~(~.!!
1\ln I hI' r
Mother
~1~
.\. Yl'il r'.; 0 I d
.\. Yt'fl /' '.; t J! d
10. The f<lets of the 1110'.;1 '-e<':f'llt in('idl'nt of <lhUSl' llrl' <IS
1"01 low,''';:
On or il!lout ()ct.nht.'r =-1 1<10:::: thl' defendallt h('cilrnc
ilngry, screa/lled in till' pl;-lintirf'.~ facl': punched tile roof" of
lhc ('ill', i111d lI1rl'i1ll'Jlcd tll kill Ihe plilil1tiff', father, The
dcrl'ndHnt pnund('d nil the window of thl' enr, thn.'Htened to
kill lh8 plilinlirr'" JJJ()lhcr, Hnr] thrcille(Jed III kill the
plaintirf sev('ral lillle~ saying th;tt ill' \vould kick down the
door and kill her and silyin~ that hl' would either shoot her
or slit hel' !.hroil! c;llIsin.l.', till' p!;lintirr to rear for her
I i f l' ,'\ n d ll1 L' I i v ~ s (\ f he I' f n Jll i I y ,
11. Oeft'nclHl1t h,'t~ c'ollllllilll'd the r,)llnwing prior ilcts of ahu:';;l'
against Plaintiff:
H, J n (l r
de I' l.'fld!l 11 I
nhCH! t ll1('
0.; (' 1'1';llIll'd ;[1
l.'V'_'J1il1~ of Clclnher -l:
111(, plitilllirr',., minor
IqqS, the
daughll'l'
cllusing
~
t
,
IWI I " ll'.tl I" 1'\\ I" 1 I, ," ill Ill' 1,1,1 j'l! , rr :111,1 I II" III I 11("
(,11 i 1<1 ;llld 1!ll t:tl": ,,' , " 1 I" ':', 1,\ " .1 '" III" ,,, I::. T!l"
dt, f't'lldol II I I , ,III'" I , I I hI' I' , ; II' i r I' [II, i I" " Iii I III '('I ,II
h"j .111'! I" " ,I " 11' " 1 t, ,I i " ',1)(' 1,,1' Ililll, " \\,,11 1<1 11,'1.\
','11111 'l'fl',' , " hi' " '" , l!:l,
h. In 111.11141111 fill' ;Iftl'fllll(lll (II' {l('lnlwr .1. lqq:-:. ;d'II_'r 111('
I'lililllirr ilc,~('d 11"., .1,_,rl.'fld'llll to It';f\,t' th,.' r("~id\'fI(,t" 11('
hl'l';tllll' ;IJlgry, ,-ipP,'d t 11\, pl,tinl i 1'1"<..; llt'l ~ l;tl'l' llrf Ill' IF"
IIl'I'k pilI It,d l,rr "('I v:trril1~.'~,. ilnt! pldl;J)'.'d hvl' jl'\\l'! ~' rr(llll
h,'r jl,wt'lry hl\' '<i\I",I;l:' 111" In fl','tr for lll'r ,.,..,rely,
t', ()n "'1'\1'1.11 ()(\.'.I,'.,il)Il~, in ScplclIJlh'l' ,111<1 ()("ttlht~r or I(Jq~:,
Ihl: dL,rcnda1l1 Ilt'l'illlll' itrlf-'ry will1 lilt. chi ldren. I"t'fus('d tl'
nllnw flit' pl,ti/Ilifr'", Illinnr ddU,'_:htl..'r<.; tn ll'il\'L' their J"\HHll'-,
;It night. forel'd till' Jllinn! '-.lll! to o..;ll'l'Jl witll tilt.' plilinfirr
<till! clt'r('lld:IIlI .llld Iht'fl ~;I,'lppL'd him :tl'I'()~~, I ilv 1';\((' W"('11 hl'
irlildvl'rlt'qlly di",lllrhl'd lhl' d,:fl-'llcl;tf1l.... '-.Il'vp.
d, T II (),. ;Ihl)lll
[1 1;1 i II t iff 1lY ! lIt.
hd t h I lIb.
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111['(1;11
rqqs. tlH' dert'lld;lnt grdl>hed
l'hok(,d tH'r. and fllrl'w Ill'r
till'
intn
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dl'rl.'l1d'lnt l1il~; tl1rt'dll'lIl:c1 In "dn ;111 OJ" dill! t;lke the minor
0..;011. The dert'nil,lll! further thrl'Htl'rJl'rl tn tnkl' the mino)" son
ll) ItHly. wherl' /TIDc;l (,r hi,., f:llllily rl'~;idl.'S. 'in that the
p f ;t i f\ t i f r wi 1 1 Ill.' \' I.' r ',l' (' h i!ll it g:t i !l .
f, Tn nr allol!1 11ll' '-'\li11ln!!!" of JC)q-': thl' dt.'fl'lldilTll hl~(,;lIl1l'
nngry, kil'l-:l'd tht, ll,lthf'Dllll1 linnI' (';lll'-.illg:r hDlc1 sho\'ed the
pl,lintiff intn thl' h;II.11111h wl1l'rl' t11l' lhildrl'n were hdthin~.
itnd tlircnlcrll'd In hil the plaintiff <";{l IUtrd that the hlood
would COllll' (JIlt C;III~;ll1g hel" t.P f'_':il' for ht.'r'~i1rl'ty.
g. ()n or llhOlll \';rlll,tinl'''' T1n\' IfJf);: tile defendant ripped
l,he plilintirr'~. Jll'ckl;ll.'l' orf or her fleck: {>lllled her
L'arring... out of I1L'!" ears. itlld pcdntL'd ii knife at her chest
wl1t~Tl she l('ll'pl1nnL'd her ritth(,,. fnr help,
11, On ~';C\'l~"" I (le(';)'; inn... in thl' p(t<..;t ftlUl' years, the
def('nd;tnt hilS ;thused till' ['I;rint i rr in ways including, hut
nol lil1ljl.(~d {l'. the following: {lu'.;hl'd and shoved her;
kicked i'llltl cl1nked hl'r hit. walls and threw ohjects at her,
;UH! thrL'fllcrH.'(! tu ki 11 her, her fami Iy, and 5evt:ral others.
1~. The 1'01 lowing pol i~:e dl'pi'lrtlJll.'llt or law enforcement agency in
the arCH ill wl1idl Plaintiff li\",.'~ sf1()lIld 11(' provided with it copy
nf till' Proll'ctiOIl OuIL'r: IIdlll!)dl.'fl Town<.;l1ip Police Department,
11,
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Ill' fUIJlld.
n. FI. i I I ilnd (",t' Jill/v
dlld prollihil l1l'fl'/ld;11l1
tl'l1Iporilry or !l1'I'IlI;lrjt'nl
flf'ft'IlC!;1I1! frlHll Plililltiff',.; rt'-.;jdCrli't'
r r' r \111 ;t r leliifl fill.!; t () l' n t t'! UII)."
rt"~idl'l1("l.' ilf l/tl' PI:Jillliff.
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nl' ['l'"d:ln t :. rid c'h i Id: Illl t'O n l 01 {" I
n. Prnllihil nl,r('nd'lnt rrnlll h:I\"ill1.' :IIIY contacr with
PI";lIlif!', l'itl11'1 in 1""'>"', by 11,/"1'11"",,. "rill wrilill;!.
pt'rsIHI:llly Ill" Ihrnllgh tliird pl'r"'dlr1~" inclurlirll;. hut not
linlitl'd tn, ,Iny {'onlitct <It rlililllirr..... sviJool. hllSin(~..is. nr
1'1,"", "r 1'1111'1")1111'111 "",1"'1'1 d', II", ('''1/11 '""Y rind fJl'('I""'JlY
wirh respect (11 P:tl" i:1/ l'IJ<..,I().Jy itl1d/n!' \'i~;jtitr ion wit!1 the
1II i no r c It i I d.
f'. Prtlllihi Dcrcnllilfll TrPIll h;t\.if1;,~ :Iny cnntilct \vith
PIi\irJtirr',~ rvl,lti\'{,s :llId l'lilinlifr's l~hjldl'l'n listed
this Pl.'! it inn. l'\'Ct'pl ,IS thl' COllrt /ll<lY find nl'Ces.<;'ilry
respect tn p;lrti;tl ('usfod~1.' ;Ind/nr \.i.sit,ltiofl \....ith tile
cIJ i I d.
in
wi I h
millOI'
f. Ortlt'l" Dl'fl.'ndtlllt to P;IY till..'
inclUding filing, ser'viCt, rl'L'<';,
C(lSts ()f this
ilfld surcl1,clrgr.::
He t i 011,
or $25.00.
n. Ordl'r Ilert:f1d<lflI III pay $~)(),O()
r,l'l!dl SL'r\'ices, 'rHo ... rUl1din!! SOII"('('
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to rl'imhursl'
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uf
H. Order thl' /'nllnwing ;l(Iclitillo;1
f1!J(l\,e:
r(:liel'. nul listt.'d
it, Tht., llerl.'nl!:Jnl '.., c'njoined r"(JIIl d'lmnr:ing PI'
dl!slrl\yirl,~ :tny pr()[\l'rly ClHrJcd jointly hy till' partil''o) or
()wllvd ',nll'ly I).v' tIlt, pl:lilllirr.
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i........ul'd~ itlld I hi' Cll'dt I 1'111 Ill';tl Int~. Till' 111'1 i I loner \\ ill
inrorm tilt' dl"~i.'!f1;llt'd :t!!tilIHily or dll,\' dddlt"";',/"-~ \lfllt'/" 'lillll
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WlfFRFF()Rf, plll''l''"l1
H P pi i C (l h I (' r II , t: s 1\ fl d I il\\ .
ilWHl'd cu....tnc1y or the Illinor
1\) ~_1 Pn.('.S.s ).Hll ~:..'--_~ :c..;_~~I., ;llld other
PI:lintirr p!'flY'" thi.., lfollnrilh!l' ('ourt to
("It i 1 d t U .1l'r
PIa i nt i rr pr;ty"i for -'>lIt 11 other rl'l ier ;IS rflay he ju~..;t and
proper.
f~l'spt'ctrull.v "itlhrnitted:
~~:~~~
:\ t tor Tl L' Y for P 1 ;-1 i n t iff
I fr.,\1. SFr~v rr'fS, Pi('.
8 r r v i n (' Row
('i1rlisl(', P,\ 1701.1
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EI.ISA M, ARENA,
Plaintiff
IN TilE ('OIJRT OF ('OMMON I'I.EAS OF
('IIMBERI.AND ('OUNTY. PENNSYLVANIA
v.
: ')8-571)4 ('IVIL
SALVATORE ARENA.
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
AND NOW. this
ORDER OF COURT
~ 7JMday of January. 1999. this Court cerlif;es thatlhe
attaehed c(,mplaint has becn properly cOl11pleled and verified. and there is probablc eause
for lhc issuance ofproeess, In consideration oflhc attached Commonwealth's Petition.
the defendant, SALVA TORE ARENA, is direcled to appear lor lrial on the chargc of
Indirect Criminal Contempt before the Court on thc )~~ day of J~. 1999 at
~o'clock~.m. in Courtroom fl..I:.. of the Cumberland County Courthousc. Carlisle,
Pennsylvania.
The dcfcndant has a right to hc represented by an attorney. I I' lhe defendant
cannot afford an attorney. upon request onc will be assigned to represcnt the dcfendant.
If thc dcfcndant wishes assignmenl of counsel. contael should be made prior to trial with
the Cumberland Counly Pub lie Defendcr's Office at 717-240-6285, Further, if the
dcfendant fails to appear, an arrest warrant will bc issued,
Thc Shcriff of Cumberland County is directed to serve this Ordcr and Petition
upon thc defcndant. The assessment of costs to bc dClermined by thc Trial Judge
subsequcnt to trial.
By the 9>(0
/ '-~---
L.".... ./
~ I 1
.
EDWARD E. GUIDO.
J.
Travis N, Gcry
Sr. Assistant District Attomcy ('flU; ''{..
1.'1 1 _ " .
'\..Y. /. :. ~IyJu_.'-
SALVA TORE ARENA
ELISA M, ARENA.
PlaintifT
IN TilE COURT OF COMMON PLEAS OF
('[IMBERLAND COUNTY, PENNSYLVANIA
v,
I)X_571).j CIVIL
SALVATORE ARENA.
Dcfendant
('J lARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEAI.TH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAl. CONTEMPT
Travis N, Gery. Sr. Assistant Districl Attomey of Cumberland County,
Pennsylvania, brings thc following Petition for a hearing on eharges of Indireet Criminal
Contempt:
I, A Protection from Abuse Order was issued by the Court, A tme and corrcct
copy of the Order is attached.
2. Thc defendant's violation of this Order is averred in the attached criminal
complaint.
3. The victim requests the filing of an Indireet Criminal Contempt Chargc.
4, Thc District Attomcy's Officc approvcs thc filing of this eriminal complaint.
5. Thc Commonwcalth is requesting a hcaring on the charges of Indirect Criminal
Contcmpt pursuant to 23 Pa,C.S.A. * 6113.
6, Thc plaintiff and/or the defendant may seek modi fication ofthc Ordcr based on
thc filing of this petition as thc Court deems appropriatc following thc trial in addition to
any other scntence. 23 Pa.C.S.A. *6113,
WHEREFORE, the Commonwealth requcsts the defendant be commanded to
appear before the Court on the charge of Indireet Criminal Contempt.
Respectfully submitted,
~ / /L;'y'
~ .-c.r"(, V'/l/<7~7
Travis N. Gery
Sr, Assistant District Attorney
20/111 '09 118:58 I'AX 717 737 07711
IJ.J l)lIlCI'~'
'oil ""I
,~ LW- .~,
Ty~-"lIiJI,Im
CRIMINAl. COMPLIIlNT WOllCE)
n I,
rt...JV:.!;i -DISTRICT JUSTICF. ~
M.G1STERIAL DISTRICT NO. 01- <;;-u:'t
~ CCV~TOr;~G. ' '
A72827
eOMP\.lIN I NUMB~R
'ifIll
om-Plaml Num ef' if Uti.., "lIap~II"
IIN~A'ijenNO" ,"J:1N""
..-
COMMONWEAL1.t OF PENNSYLVANIA
VS,
I. nFf=..f,..o!" Tf'II,"DQ I) M-l11.'C >>=,.tgQ~2Jl'l
(NuUI((l AlluJIII,
DEFe~lOANT;
r,'.4.,..,...~. .r..!..........' .', "......,,,., ,.....n..1.~1~-::1(1\' '.,~:l . .,
NMlE SALVATORE AllENA "", ;~...;, :.,'~.:..,;", ',", ,
.' , ,", " ' . .:''';.,t'I';I,
AND 4j41',CaF~lo1..,Pii<,,;'~pt;; lIe":1;',: ..
AODIlESS, 'C~lm:j;)u.~f/.'~;. 1 ~O.i'i":!:,':)i'::,''.:' ,
"9,A ,'f/Ml;4> DOB:12!5'54:' . ,
, 'i! SSN: 194-&0-8835
or ~~~. .rl~~ ~ryLm<UIP pn11CY DEP'~~W~
( 'J'JJI~1.1 d({ldftmf:n,(IIf1ltIltYfrp,nuIIMtm IWIIII,uf..", fl"'J'r111
100 GETTYSBURG PIKE MECRANICSBURG. PA 17055
uo herebY sta\e~
\ I) Il!l I accu" the above na.,ed derendsnl. who lives at the addre.. Ict rOfth a~uv. or,
.... 0 J accuse an ImJividui'1 whose name is unknown to me: but who is describ.:d as
~
..
l
~
~
AKA
o his nickname Of pOpula.r designation is unknown Lo me and, therefore, 1 have designated him herein as John
Doc: with viulatlng Ihe penal taw, of the Commonwealth of Pennsylvanl. at .H fM1"~...LuuL:i'aia~"",G--
wn.Tilm:rlll'Jll1icJi,jjlllllj
7~, 1999 at llJQ h&H~
(2)
\4>;l.e:r~ in .c."mb4J:J,aEl" Cl'Ullly on or about J&<lUaT)'
Jfahicipllllt5 were (iftlirr' 'w\"paftir{ptutfJ./llat"t lltrITlla'f1CJ /",,., f'tl'ratin, IIr<mllnro!troor'Ut!t1tda11f).
SALVATORE ARENA fA\
The acts committed by the accuICd wcrc: ~ INDIRECT CRlHINAL CONTEMPT
The defendant did violate an order issued under the protection fto~ abuse ac~. 1618
civil 1992 by the Honorable Judge Edward E. Guido, Cumberland County dated ~ovemb.r 9.
1998. Tha sa",e order was aIDIlJended January 22, 1999 at IDOhours. The defendant waS
enjoined threate:ting, harassing, or calling the plantiff. Elisa Arena. Th. violation
occurred on the above date and time when tho delendnnt did contact Elisa Arena by
telephone. '
all .of -:vhIC~ were. 31~i~.Sl ~!J~,~PJ,.~~~~!~I~d dit~it): .:~.f...~~,e, C'?n::nonweallh of Pe~~~Y.I~~i!t.~I.l~,~~~~t~~I~l~.'.m.~,CJ',~rh:o~~S:~.?I~!y
orlnVlo)atTonof' 711.."'" and \ "", ."":~cftheAct(lf":'Pl?nTF.r.TTh~.1i"RnM.Alm~l:""..'1...,....
(Sminfl) (SUb-.m-ltlm)
or the'
OrJinancc of
. -... " ~;. . ....- ..,.. ':r:.' ' .
(PufrtiraJ Su6 .dIUJ;on)
and that lh. acculoJ bo required to answer
the chal'j~e5
,."
(3) I ask. thai a warmnt of Brre~l or a summons be issued
I hove maJe,
(4) 1 verify thilt the facls set forth in this compl;,iol are true and correct to the be5l of my k.nowlcdse or informatiun
and bellof, This vormeation is ",ade ,uhject to Ihe ponattics or Section 4904 of Iho Cri",es Code (18 Pa. C. S,
~ 4904) relating to umworn ral~ificalion La authorities.
~nl'r.u-,-, ';;2 S' , 19 3:L !k-rL.-' r7 ~ na
'--r- f (~;;;lllrr"fCll,~i""'IlJ
AND NOW. on this date O-\~ " 19~. I certiry tlio c~
verified. and th01t there is probable cause for hsuaIlce of proce,r~9. <
_,.......-:'I,.."" .a/I....
Jas b.en. ~ropc
mplelod anJ
,::'!~, ~--,
..
COIIIpllny of II IlIw cllforcclllcnt offiecr whclI such
retrievII/ is IIIlIdc.
s
3. Ilxccpt liS providcd ill Paragraph 5 of this Ordcr,
Defendant is prohibi tcd from IHIVing ANY CONTACT wi th tllc
Plaintiff at IIny location, inClUding, lJut not Iimitcd to,
any Contact al the Plaintiff's SCllool, 'business, or p/.acc of
employment, Dcfendant is speCifically onlered to stay IIWay
from the fOllOWing locations for the duration of this Ordcr:
Plaintiff's eurrent residence and any other residence where
Plaintiff may live.
I8J
4. EXcept as provided in Paragraph 5 of this Order,
Defendant sllall not contact the Plaintiff by telephone or IJy
any other means, inClUding third parties.
e 5. CustOdy of tile minor chi Idren, Salvatore Il. Arena (/JOD
1/23/96) sllall be as follows: see attached CustOdy Order.
o 6. Defendant shall immediately turn over to the Sheriff's
Office, or to a local law enforcement agency for del ivery to
the Sheriff's Office, the fOllOWing weapons used or
threatened to be Used by Defendant in an act of abuse
against Plaintiff and/or the minor child/ren:
o 7. Defendant is prohibited from possessing, tranSferring
or acqUiring any other weapons for the duration of this
Order. Any Weapons del ivered to the sheriff under Paragraph
6 of this Order or under Paragraph 6 of the Temporary Order
shall not be returned Until further Order of COUrt.
a
8. The fOllOWing additional relief is granted as
authorized by ~6108 of this Act:
a. Law enforcement agencies, human service agencies
and scllool districts shall not diSClose the presence of
Plaintiff and the children in the jurisdiction Or
district or fUrnish any address, telephone number, or
any other demographic information about the plaintiff
and children CXcept by further Ordcr of Court,
b. 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 commi t ted another act of abUse or has
engaged in a pallern or practice that indicales
"
continued risk of hllrm to the plllintiff.
c. The dcfcndllnt is enjoined from dllmllging or
destroying any property owned jointly by the part ies or
owned solely by the plaint i fr.
d. The defendant is to refrain from harassing the
plaintiff's relatives or the minor children.
e. The court cost and fees arc waived.
o 9. Defendant is directed !o pay temporary support for
plaintiff and/or the minor chi Id/ren as follows: the amount
of $ per week, payable to (he plaintiff in the form of a
check or money order, by mail pending the entry of an order
by the Cumberland County Domestic Relations Office. The
first payments is to commence wi thin ten days upon entry of
the Protection Order and each (week; month) thereafter. The
defendant further agrees to provide health coverage to the
spouse and/or minor child/ren, and will pay all of the
unreimbursed medical expenses of the plaintiff and/or minor
child/ren to the provider or to the plaintiff if she has
paid for the medical treatment, and the defendant agrees to
make or continue to make rent or mortgage payments on the
residence of the plaintiff. This Order for support shal I
remain in effect until a final ~upport order is entered by
this Court, However, this Order shal I lapse automatically
if the Plaintiff docs not file a complaint for support with
the Court within fifteen days of the date of this Order.
The amount of this temporary order does not necessarily
reflect Defendant's correct support obligation, which shal I
be determined in accordance with the guidelines at the
support hearing. Any adjustments in the final amount of
support shall be credited, retroactive to this date, to the
appropriate party.
o 10. The costs of this action arc waived as to the Plaintiff
and imposed on Defendant.
o II. Defendant shall pay $ * to Plaintiff as compensation
for Plaintiff's out-of-pocket losses, which are as follows:
OR
o II. Plaintiff is granted leave to present a petition, with
appropriate notice to Defendant, to [insert the name of the
judge or court to which the pet it ion should be presented] *
requesting recovery of out-of-pocket losses. The petition
shall include an exhibit itemizing all claimed out-of-pocket
losses, copies of all bills and estimates of repair, and an
Order schedUling a hearing. No fee shall be required by the
Prothonotary's office for the fi ling of this petition.
o 12. IlnADY INDlcATOn
I. 0 The Plaintiff or protected pcrson(s) is a
Spouse, former spouse, a person who cohauitntes or hM;
cohabited with tho Dofendant, a paront of a co~non
chi ld, a chi Id of that porson, or a chi ld of the
DefolHlant.
2. 0 This Ordor is being ontercd after a hcaring of
which tho Defendant received actual not lee and had an
opportunity to ue heard.
J. 0 Paragraph I of this Ordor has boon checked to
restrain the Defendant from harassing, stalking, or
threatening Plaintiff or protected person(s).
4. 0 Defendant represents a credible threat to the
physical safety of the Plaintiff or other protected
person(s)
OR
4. 0 The terms of this Order prohibit Defendant from
using, attempting to use, or threatening to use
physical force against the Plaintiff or protected
person that would reasonauly ue expocted to CBuse
bodi Iy injury.
R
IJ.
TillS ORDER SUPERSEDES
R
ANY PRIOR PFA ORDER AND
R
ANY PRIOR ORDER RELATING TO CIIILD CUSTODY.
R.
14.
All provisions of this Order shall expire in one year.
NOTICE TO THE DEFENDANT
VIOLATION OF TIllS ORDER MAY RESULT IN YOUR ARREST ON TilE
CIIARGE OF INDIRECT CRIMINAL CONTEMPT WIlICII IS PUNISIlAI3LE I3Y A
FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS.
2J PA.C.S. ~6114. VIOLATION MAY ALSO SUI3JECT YOU TO PROSECUTION
AND CRIMINAL PENALTIES UNDER TilE PENNSYLVANIA CRIMES CODE, TillS
ORDER IS ENFORCEAI3LE IN ALL FIFTY (50) STATES, TilE DISTRICT OF
COLUMI3IA, TnlOAL LANDS, U.S. TERRITORIES, AND TilE COMMONWEALTIl OF
PUERTO RICO UNDER TIlE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C.
~2265. IF YOU TRAVEL OUTSIDE OF TilE STATE AND INTENTIONALLY
VIOLATE TillS ORDER, YOU MAY DE SUBJECT TO FEDERAL CRIMINAL
PROCEEDINGS UNDER TIIAT ACT. 18 U.S.C. ~~ 2261-2262. IF
PARAGRAPIl 12 OF TillS ORDER liAS I3EEN CIlECKED, YOU MAY BE SUI3JECT
TO FEDERAL PROSECUTION AND PENALTIES UNDEn TilE "13RADY" PROVISIONS
OF TilE GUN CONTROL ACTION, 18 U,S.C. ~922(G), fOn POSSESSION,
TRANS POnT on RECEIPT OF fIREARMS on AMMUNITION.
NOTICI> TO LAW ENFORCEI~ENT OFFICIALS
The pol ice who have jurisdict ion over the Plaintiff's
residence OR any location where a viollltion of this Order occurs
OR where the Defendant mllY lie locllted, shllll enforce this Order,
An arrest for violat ion of Paragraphs I through 7 of this Ordcr
may be without warrant, based solely on probable cause, whether
or not the violation is committed in the presence of the pol ice.
23 Pa.C.S. ~6113. '
Subsequent to an arrest, the police officer shnll seize all
weapons used or threntened to be used during the violation of the
Protection Order or during prior incidents of abuse. The
Cumberland County Sheriff's Department shall maintain possession
of the wcapons until further Order of this Court. When thc
Defendant is placed under arrest for violation of the 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 fi Ie the
comp la in t.
If sufficient grounds for violation of this Order are
alleged, the Defendant shall be arraigned, and both
parties given notice of the date of the
DY 'I'll
Edward E. Guido, Judge
This Order is entered pursuant to the consent of Plaintiff and
Defendant:
& ,<J(,- m 0 Au""
Elisa M. Arena, Plaintiff
g~b!fLL (/)vu,~
Salvatore Arena, Defendant
(l~ /)J~~C~',/
~~arey of
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
, f() ~~
J lilies M. Dach
ttorney for Defcndant
352 South Sport ing IIi II Road
Mechanicsburg, PA 17055
(717) 737-2033
I" isa M. Arena,
(II a i nt iff
IN TilE COll/(T OF COMMON PLEAS
vs.
OF ClIMllI;/(I.ANIl COllNTY, (lENNSYLVAN I A
Salvatore Arena,
Defendant
NO. 98-5794 CIVIL TERM
(I/(01'ECTION F/(OM AIIUSE
AIm CUSTODY
CUSTODY ORDllR
AND NOW, this 1.01" day of NOVE'I\~EP_ ,1998, upon
consideration of the parties' Consent Agreement, the following
Order is entered with regard to custody of the parties' chi Id,
Salvatore E. Arena (0011 1/23/96),
1. The plaintiff, hereinafter referred to as the mother,
and the defendant, hereinafter referred to as the father, shal I
share legal custody of the chi td.
2.
,chi Id.
The mother shall have primary physical custody of the
J. The father shall have partial custody of the child
every other week from Monday at 10:00 a.m. until Tuesday at 6:00
p.m.
4. The mother shall have custody of the child on Christmas
Eve at 5:00 p.m. until Christmas Day at 10:00 a.m. and the father
shall have custody on Christmas Day at 10:00 a.m. until 7:00 p.m.
5. The father shall have custody of the chi Id on
Thanksgiving from 10:00 a.m. until 2:00 p.m. and the mother shal I
have custody 2:00 p.m. until 7:00 p.m.
6. The, fathe,' shall have custody of the chi Id on Easter
from 10:00 a.m. unti I 2:00 p.m. and the mother shall have custody
from 2:00 p.m. until 7:00 p.m.
7. The mother and father shall alternate the following
holidays: Memorial Day, the Fourth of July, and Labor Day with
the mother having custody of the child on Memorial Day 1999.
8. The mother and father shall have custody of the child
for one week each summer to include two weekends. The mother and
father shall give each other at least one months not ice as to the
week each parent wants.
9. The father shall not remove the chi Id from the Uni ted
States of America.
10. The father shall provide advance notice to the mother
bcforc rCllloving thc child from thc comlllllnwc/llth of l'cnnsylvllni/l
IInd hc shill 1 providc hcr with /In IIddrcr;:; /111<1 tclcphonc numbcr
whcrc thc chi Id wi II bc.
II. Thc fathcr's custody is conditioncd on his transporting
thc child in an agc appropriate child safcty scat.
12. The father shall contact the mothcr first to give her
the option of taking thc child if hc nceds child care during his
pcriod of custody.
13. The transfer of custody shall occur at the Upper Allen
Township Police Departmcnt.
14. The mother and fathcr, by mutual agreement, may vary
from this schedule at any timc, but the Order shall remain in
cffect until furthcr order of court.
IS. There shalJ bc reasonable noticc given to the othcr
party if a scheduled period of partial custody needs to be
cancelled or modified and a make-up period shall be offered
within a reasonable time framc,
16. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
child is in that parent's care.
17. Neither party shall do anything which may estrange thc
child from the other parent, or injure the opinion of the child
as to the other parent or which may hampe Ie free and natural
development of the child's love or re ect fo' the other parent.
Edward E. Guido, Judge
This Order is entered pursuant to the consent of Plaintiff and
Defendant:
Ut{)A..111,t1L1.1 /}I'v~
El isa M. Arena, Plaintiff
ol;c;
~~ CO/(..
{fl~
salvatore Arena, Defendant
~~/I
...... l-' ,
oiHi Carey
Attorncy for P aintiff
LEGAL SERVICES, INC,
8 Irvine Row
Co 1'1 is Ie, PAl 70 lJ
(717) 243-9400
v-,m f~
J lilies M. !lach
ttorncy for Defendant
52 South Sport ing IIi 11 Road
Mechanicsburg, PA 17055
(717) 737-2033
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ELISA ARENA,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
V.
: lJX-57'J4 ('IVIL
SALVATORE ARENA.
Dctendanl
: CIIARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEAI.TII'S PETITION FOR A IIEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Travis N. Gery. Sr. Assistanl District Allorncy of Cumberland County,
Pcnnsylvania, brings the following Petition for a hearing on charges of Indirect Criminal
Contempt:
I. A Proleetion from Abuse Order was issued by the Court. A true and correet
copy of the Order is allached.
2. The defendant's violalion oflhis Order is averred in the allached criminal
eomplaint.
3. The vietim requests the filing ofanlndireet Criminal Contempt Charge.
4. The District Attorney's Office approves thc filing of this criminal complaint.
5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal
Contempt pursuant to 23 Pa,C.S.A. ~ 6113.
6, The plaintiff and/or the dcfcndant may seek modification ofthc Order based on
thc filing of this petition as thc Court deems appropriate following thc trial in addition to
any othcr sentenee, 23 Pa.C.S.A. ~61 13.
WHEREFORE, thc Commonwealth requests thc defendant be commanded to
appear bcforc thc Court onthc eharge of Indirect Criminal Contempt.
Rcspcctfully submitted,
_____~ /V'- L-,_
~~ ......---- /
Travis N. Gcry
Sr. Assistant District Attorney
l>cl\:lIdal1l Name: SAI,VAT()f(E AI(J:~,\
l>udc.'1 Numhc.',"
*,
I'OL/CE
('lUMINAL COMI'LAINT
Illl r nl (O\~',\(lr. I':
all uf\\JIII.:h werc il~;lIflSllhc IlC;lec ;uul tllglHl)' of the ('UIllIllIlI1\\c,';lllh tit' 1'C.'f1Ih) halll;l ;'JIll! confrary III 1111.' "c.'r nf ,\so;c.'mhly, lIT III \'lIIlaIlOn of:
I. MOJ nfl/lI..' .'3 J'" ('.\'
(~rrll""1 I"w,,~.tl"nl 1'\\1.111111 if "wnl'l
2, "fill\.'
ISrrlh"'l ...,,/.,,(lj""1 1"\1,,,,,1" 11'11""1"
J. ufrhe
1'""''''' I'''''''rtl"", 1""/''''1'1 I('"ullhl
4. urlhe:
('''11''"1 ISlIh.utllllll Ir'''"''''rl If...",lo)
5, ofrllc.'
ISuUu"l ISlIt..t'(ll<lhl 1I'\..,.llIIrl 1('''''"''1
3. J ask Ihat 0 a lI'arrolll of arrt'.\'1 or [8J a ,'ilII""'Oll," he isslled <.Inti thaI rhe defendanl he rel/lllrc.'d 10 amwcr dIe.' ch<.lrgcs J twn: muJe, (In
order for a wummt or ,lrfCSt tu issuc, tile <.Ilfuc"ed amd;'l\'!l or probable cause mllst he completed and sworn to beforc the issuing aUlhority,)
4,
AND NOW, on this date , Jeer ify the complainl hJS been properly cOl11plctcd and vcrified, An affidavit
of probable cause must be completed in ordcr for a wurrantlo issue.
(;\Iaglurrlall)blrkl)
(h'llJn~,\Ulhllrll"
eSE,\!,)
2
AI'I'IDA VIT OF PllOllAIll.E t 'AIISE
Yl'AR
IVPE
NIIMIlER
(,OMI'I"I~ I Nl '\1111-11
COURT Of' COMMON PLEAS OF
CUMn~:RI.ANIl ('OIINTY
('lIlIIpl,1I111 Sumhl'r... IfOlhl'r 1',11 1 11,: Ip;lIIl...
IN(,IDENT N\I\1Il1-l1
I)X_141,1
OIN
I '('I( NO,
2hO
('OMMONWEALTII Of' I'ENNSYLV ANIA
DEFENDANT: VS.
NAl\IE Sal\'atore Arena
AND
4J4t Carlisle Pike, Al'l 1113-7
('amp lIill. pA t70lt
I,
Deteetive Letitia R. Wodorord
(Name of Affiant)
ADDRESS
of Cumberland County District AUorncfs OrfiCt\ Cril11inalln\"csti~ati()n Ilh'ision
(Identify department or agency represented and political subdivision)
being duly sworn (or affirmed) before me, according to taw. deposes and says that there is probable calise to believe that:
PROI3AIlLE CAUSE IlELlEF tS I3ASED ON TilE FOLLOWING FACTS AND CURCUMSTANCES:
On December 25, 1998 at approximately 1200 hours, the Plaintiff, Elisa Arena. Illet with the Defendant to exchange the
custody of the minor child, Salvatore E. Arcnu. The exchange took place at IIe3lth South Facility on Century Drive in
Mechanicsburg. Upon the arrival of the Plaintiff, tlte Defendant jumped out of his vehicle and crossed the street to where the Plaintiff
had parked her vehicle. The exchange of the child was made and the Defendant then hugged the Plaintiff and attempted to kiss her by
pulling his hand on the back of the Plaintfrs neck and pulling her toward him, Whcn thc Plaintiff pushed the Defendant away, the
Defendant stepped back and shouted. "Fuek you, you fucking bitch!" The Plaintiff then stated to the Defendant. "What is the mailer.
What arc you doing'! Sal, I don't have to kiss you. Don't get so mad." At this point, the Defendant was holding the minor child by
his hand, turned around and pushed the child back toward the PlaintilTstatillg, "Take your fucking son. I don't even wanna see him."
The child began to cry and the Plaintiff picked the child up, The Defendant then grabbed Ihe child by Ihe arm and pulled him from
the Plaintiff, As the Defendant walked to his vehicle wilh the child he stated. "V ou think you take my son away from me and get
away with it'? You think a restraining order can stop me'! I'm gonna take him away and you'lt never fucking see him again. I should
fucking kill you, bitch." When the Plaintiff told the Defendant she was going to call the police. the Defendant stated. "Go ahead,
who's gonna believe you'! I'll Just say I didn't do it."
In lieu of the information set forth abovc, this affhnt rcspectfully requests the Defendant be summoned to appear before the
this Court on the charge of Indirect Criminal Contempt.
,
'-\'; B
BAIKiE NO.
DISTRICT/UNIT
Sworn to and subscribed before me this
.t9_
<illY uf
(SEAL)
(Signature of Issuing Authority)
DISTRICT JUSTICE COURT NO.
OFFI('!: AI)[)I{ESS:
Dale Commission Expires:
PlulIl!.::
EI isa M. Arena.
I' la i nt iff
I N TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA
vs.
salvatore Arena,
Defendant
NO. 98-5794 CIVIL TERM
PROTECTION FROM ADUSE
AND CUSTODY
FINAL ORIJlm OF COURT
Defendant's Name: Salvatore Arena.
Defendant's Date of Birth: 5/12/54.
Defendant's Social Secur i ty Number: 194-60-8874.
Names of all Protected Persons, including Plaintiff and minor
chi ld: EI isa M. Arena.
AND NOW, this t:j.J'\ day of tJ ~ , 1998,
court having jurisdiction over the parties and the subject-
matter, it is ORDERED, ADJUDGED, and DECREED as follows:
the
The plaintiff is represented by Joan Carey of LEGAL
SERVICES, INC.; the defendant is represented by James M. Dach.
The defendant, although entering into this Agreement, does
not admit the allegations made in the Petition. The parties
agree that the following may be entered as an Order of Court.
o
Plaintiff's request for n Final Protection Order is denied.
OR
a
Plaintiff's request for a Final Protection Order is granted.
181
1. Defendant shall not abuse, stalk, harass, threaten the
Plaintiff or any other protected person in any place where
they might be found.
o 2. Defendant is completely evicted and excluded from the
residence at *, *, Cumberland County, Pennsylvania, or any
other residence where Plaintiff may live. Exclusive
possession of the residence is granted to Plaintiff.
Defendant shall have no right or privilege to enter or be
present on the premises.
o On the _ day of , 1998, Defendant may enter
the residence to retrieve hislher clothing and other
personal effects, provided that Defendant is in the
.....
company of a Illw enforccmcnt offiecr when slIeh
rctrievlll is mlldc.
181 3. Except ns provided in Pnrngrllph 5 of this Order,
Defendant is prohibi ted from hnving ANY CONTACT wi th the
Plnintiff nt nny locnt ion, including, but not I imi ted to,
nny contnct nt the Plnintiff's school, business, or place of
employment. Defendant is speeifienlly ordered to stny nway
from the following locations for the durntion of this Order:
Plaintiff's current residence nnd any other residence where
Plnintiff mny live.
181 4. Except ns provided in Pnrngrnph 5 of this Order,
Defendant shall not contact the Plaintiff by telephone or by
any other menns, including third pnrties.
181 5. Custody of the minor chi Idren, Snlvatore E. Arena (DOn
1/23/96) shall be ns follows: see attnched Custody Order.
o 6. Defendant shall immediately turn over to the Sheriff's
Office, or to a local law enforcement agency for delivery to
the Sheriff's Office, the following weapons used or
threatened to be used by Defendant in an act of abuse
ngainst Plaintiff and/or the minor child/ren:
o 7. Defendant is prohibi ted from possessing, transferring
or acquiring any other weapons for the duration of this
Order. Any weapons delivered to the sheriff under Paragraph
6 of this Order or under Paragraph 6 of the Temporary Order
shall not be returned unt i I further Order of Court.
181 8. The following additional relief is granted as
authorized by ~6108 of this Act:
a. Law enforcement agencies, human service agencies
and school districts shall not disclose the presence of
Plaintiff and the children in the jurisdiction or
district or furnish any address, telephone number, or
any other demographic information about the plaintiff
and children except by further Order of Court.
b. This Order shall remain in effect until modified
or terminated by the Court and can be extended beyond
its original expirntion date if the Court finds that
the defendant has committed another act of abuse or has
engaged in a pnttern or practice that indicates
continucd risk of hllrlll to thc plaintiff.
c. Thc dcfcndllnt is cnjoincd from d/llllaging or
dcstroying IIny propcrly owned jointly by thc pllrt ies or
owncd solcly by the pl/lintiff.
d. The dcfend/lnt is to refrllin from harassing thc
plaintiff's relatives or the minor children,
e. The court cost /lnd fees arc waived.
o 9. Dcfendant is directed ~o pay temporary support for
plaintiff and/or the minor child/ren as follows: the amount
of $ per week, payable to the plaintiff in the form of a
check or money order, by mail pending the entry of an order
by the Cumberland County Domestic Relations Office. The
first payments is to eommcnce within ten days upon entry of
thc Protection Order and each (week, month) thereafter. The
defendant further agrees to provide health coverage to the
spouse and/or minor child/ren, and wil I pay all of the
unreimbursed medical expenses of the plaintiff and/or minor
chi Id/ren to the provider or to the plaintiff if she has
paid for the medical treatment, and the defendant agrees to
make or continue to make rcnt or mortgage payments on the
residence of the plaintiff. This Order for support shall
remain in effect until a final support order is entered by
this Court. However, this Order shall lapse automatically
if the Plaintiff does not file a complaint for support with
the Court within fifteen days of the date of this Order.
The amount of this temporary order does not necessarily
reflect Defendant's correct support obligation, which shal I
be determined in accordance with the guidelines at the
support hearing. Any adjustments in the final amount of
support shall be credited, retroactive to this date, to the
appropriate party.
o 10. The costs of this action are waived as to the Plaintiff
and imposed on Defendant.
o 11. Defendant shall pay $ * to Plaintiff as compensation
for Plaintiff's out-of-pocket losses, which are as follows:
OR
o 11. Plaintiff is granted leave to present a petition, with
appropriate not ice to Defendant, to [insert the name of the
jUdge or court to which the petition should be presented] *
requesting recovery of out-of-pocket losses. The petition
shall include an exhibit itemizing all claimed out-of-pocket
losses, copies of all bills and estimates of repair, and an
Order SCheduling a hearing, No fee shall be required by the
Prothonotary's office for the filing of this petition.
o 12. URADY INDICATOR
I. 0 The Pluint iff or protected person(s) is n
spouse, formcr spousc, n pcrson who cohabitates or has
cohabited with thc Defendant, a parcnt of a common
chi Id, u chi Id of thnt person, or a ehi Id of the
Dc fcndant.
2. 0 This Ordcr is bcing cntcrcd after a hearing of
which the Dcfcndant rcccivcd actual notice and hnd nn
opportunity to be henrd.
3. 0 Paragraph I of this Order has bccn checkcd to
restrain thc Dcfendant from harnssing, stalking, or
threatening Plaintiff or protected person(s).
4. 0 Defendant reprcsents a crediblc threat to the
physical safety of the Plaintiff or other protected
person(s)
OR
4. 0 The terms of this Order prohibit Defendant from
using, attempting to usc, or thrcatening to use
physical force against thc Plaintiff or protected
person that would reasonably be cxpected to cause
bodily injury.
181
13.
THIS ORDER SUPERSEDES
181
ANY PRIOR PFA ORDER AND
181
ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
181 14. All provisions of this Order shall expire in one year.
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. Y6114. 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 ACTION, 18 U.S.C.
Y 2265, I F YOU TRAVEL OUTS IDE OF THE STATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL
PROCEEDINGS UNDER THAT ACT. 18 U.S.C, ~~ 2261-2262. IF
PARAGRAPH 12 OF TIllS ORDER liAS BEEN CHECKED, YOU MAY BE SUBJECT
TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROV I S IONS
OF TIlE GUN CONTROL ACTION, 18 U.S.C. ~922(G), fOR POSSESSION,
TRANSPORT OR RECE 11'1' OF F I REARMS OR AMMUN IT ION .
NOTICE TO LAW ENF(JllCEMENT OFFICIALS
Thc poliec who havc jurisdict ion ovcr thc Plaintiff's
rcsidcncc OR any location where a violation of tl,is Order occurs
OR whcrc thc Dcfelltlant lJJay he located, shall enforce this Order,
An arrcst for violation of Paragraphs I through 7 of this Order
may bc without warrant, based solcly on probablc cause, whethcr
or not thc violation is committed in thc prescncc of thc pol ice.
23 Pa.C.S. ~61IJ.
Subscqucnt to an arrcst, thc police officer shall seize all
wcapons us cd or thrcatened to he used during the violation of the
Protection Order or during prior incidents of abuse. The
Cumberland County Sheriff's Department shall maintain possession
of the weapons until further Order of this Court. When thc
Dcfendant is placed under arrcst for violation of the Order, thc
Defcndant shall be takcn to thc appropriate authority 01'
authorities before whom Defendant is to bc arraigned. A
"Complaint for Indircct Criminal Contcmpt" shall thcn bc
complcted and signed by thc policc officer OR thc Plaintiff,
Plaintiff's presencc and signaturc arc not rcquired to fi Ic the
comp I a i n t .
If sufficicnt grounds for violation of this Ordcr are
alleged, the Defendant shall be arraigned, and both
parties given notice of the datc of thc
DY
Edward E. Guido, Judge
This Order is entered pursuant to thc conscnt of Plaintiff and
Defcndant:
a ,<1{1 m n A.:A"",--
Elisa M, Arena, Plaintiff
q~~/llt~ (/)t/U-v,-
Salvatore Arcna, Defendant
Cb-L-1 J (
rJo~ Carcy
Attorncy for Plaintiff
LEGAL SERVICES, INC.
B Irvine Row
Carlisle, PA 170tJ
(717) 243-9400
'?;1~
J llllCS M. Dach
ttorncy for Defendant
J52 South Sport ing Ili II Road
Mechanicsburg, PA 17055
(717) 737-2033
Elisa M. Arena,
Plaintiff
I N TilE COUIlT OF COMMON PLEAS
vs.
OF CUMIIEIlLAN/J COUNTY,PENNSYLVANIA
Salvatore Arena,
Defendant
NO, 98-5794 CIVIL TEIlM
PROTECTION FROM ADUSE
AND CUSTODY
CUSTODY ORDllR
AND NOW, this to..... day of NOV(t\{)[P- ,1998, upon
consideration of the parties' Consent Agreement, the fOllowing
Order is entered with regard to custody of the parties' chi Id,
Salvatore E. Arena (DOD 1/23/96).
I. The plaintiff, hereinafter referred to as the mother.
and the defendant, hereinafter referred to as the father, shal I
share legal custody of the chi Id.
2.
chi ld.
The mother shal I have primary physical custody of the
3. The father shall have partial custody of the child
every other week from Monday at 10:00 a.m. until Tuesday at 6:00
p.m.
4. The mother shall have custody of the child on Christmas
Eve at 5:00 p.m. until Christmas Day at 10:00 a.m. and the father
shall have custody on Christmas Day at 10:00 a.m. until 7:00 p.m.
5. The father shall have custody of the chi Id on
Thanksgiving from 10:00 a.m. until 2:00 p.m. and the mother shal I
have custody 2:00 p.m. until 7:00 p.m.
6. The father shall have custody of the child on Easter
from 10:00 a.m. until 2:00 p.m. and the mother shall have custody
from 2:00 p.m. until 7:00 p,m.
7. The mother and father shal I al ternate the following
hOlidays: Memorial Day, the Fourth of July, and Labor Day with
the mother having custody of the child on Memorial Day 1999.
8. The mother and father shall have custody of the cbild
for one week each summer to include two weekends. The mother and
father shall give each other at least one months not ice as to the
week each parent wants.
9. The father shall not remove the child from the United
States of America.
10. The father sllal I provide advance notice to the mother
before removing the chi Id frolll the Co"""onwelllth of Pennsylv/lnill
/lnd he shall provide her with Iln Ilddress /lnd telephone numher
where the ehilt! will he.
11. The f/lther's custolly is conditioned on his transporting
lht. chi Id in an age appropriate ehi It! safety se/lt.
12. The father shall contact lhe mother first to give her
the option of taking the child if he needs child care during his
period of custody.
13. The transfer of custody shall occur at the Upper AI lea
Township Police Department.
14. The mother and father, by mutual agreement, lIIay vary
from this schedule at any time, but the Order shall remain in
effect until further order of court.
IS. There shall be reasonable notice given to the other
party if a scheduled period of partial custody needs to be
cancelled or modified and a make-up period shal I be offered
within a reasonable time frame,
16. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
chi Id is in that parent's care.
17. Neither party shall do anything which may estrange the
ehild from the other parent, or injure the opinion of the child
as to the other parent 01' which may hampe Ie free and natural
development of the child's love or re ect fo the other parent.
Edward E. Guido, Judge
This Order is entered pursuant to the consent of Plaintiff and
Defendant:
U{,{}t:L 1J1.d/( I/}V1
Elisa M. Arena, Plaintiff
9flca~L
{Ii~
Salvatore Arena, Defendant
! /, rt
Lo-t' l.a.; '4'
oan Carey
Attorney for P aintiff
LEGAL SERVICES, INC,
8 Irvine Row
Carlisle, PA 170t3
(717) 243-9400
v-d1~
Jlmes M. Bach
llorney for Defendant
52 South Sporting Ilill Road
Mechanicsburg, PA 17055
(7t7) 737-2033
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EI.ISA 1'.1, ARI;NA,
Plaintiff
: TilE COURT OF COMMON PI.EAS OF
C1I1'.1IlERI.AND COIINTY. PENNSYI.V ANIA
v,
lJX.57lJ4 CIVIL
SAI.VA!'ORE ARENA,
Delendani
CIIARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEAI.TII'S PETITION roR A HEARIN(j ON CHAR(iES
OF INDIRECT CRIMINAl. CONTEMPT
Travis N. Gery. Sr, Assislant District Attorney olTumberland County.
Pennsylvania. brings the Illllowing Petition for a hearing on charges of Indirect Criminul
Conlcmpl:
1. A Protection Irom Abusc Order was issued by the Court, A truc and correct
eopy 0 I' tbe Order is uttuchcd.
2. The defendant's violation oftbis Order is uverred in thc attuchcd criminal
complaint.
3. The victim requests the tiling of an Indirect Criminal Contempt Charge.
4. The District Attorncy's Office approves thc tiling of this criminal complaint.
5, Thc Commonweultb is requesting a hearing on the charges of Indirect Criminal
Contempt pursuant to 23 Pa.C.S,A, ~ G 113.
G. The plainti 1'1' and/or the defendunt may seek moditieation of the Order based on
the tiling of this petition as the Court deems appropriate following the trial in addition to
any other sentence. 23 Pa.C,S.A, ~G 113,
WHEREFORE, the Commonwealth requests thc defendant be commanded to
appear bcfore the Court on thc charge of Indirect Criminal Contempt.
Respectfully submitted,
~ )
-~~--e-~7--
Sr. Assistunt Distriet Attorney
CRIMINAL COMPLAINT
(POLICE)
1WBt-, L:~~A~~~:~~~ YEAR
.' jCmnplalll1 Numho'~ II Other P;utlcipimls
I ' , I
I .... "..:J.. J I
I "',." "'.' ,
I A ,; l'INciDE;;rr NOMllE1OCR NO.
,I i' I 98-12-262
. .. - .-.-.-.-....--.-----..
TYP
District Justice Elder
OISTRICT JUSTICE
MAGIS1ERIAL DIS1RICT NO, 09-3-05
507 N. York Stroet
Mschanicsburg, PA 17055
I, -QUJQ.o~r:'_JeJ1!a~S_R._!'1JJ1~'g.J_.!l.~~!LI' 23,1,4
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MiD
AfllJlH S~l
COMMONWEALTH OF PENNSYLVANIA
11I'INllMif VS.
r
Salvators Arana
4341 Carlisls Pika
Camp Hill, PA 17011
8B-7
of JlP~e.LA.lJ--elL:l'2lm~l!J.lLPO !'J1;._~~.p"r,t~m!!n t
,(;/l'/lIi/l i!j'llunll/l'II/"ftl}.:I'/Ill'fl','r.'\l'IIII'llulI.!I'"llIi'II/I/I""Il/\1"1//
100 Gattysburg Pika, Machanicsburg, PA 17055
do hereby state:
(I) KJ I accuse the above named dcfcllUillll, who lI\'c:\ ill the addrcs\ set fort II i1IHlVC Of,
..... 0 I accuse all individual whose name is unknown to me hut who is dcsnihcd as
-
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HSA
AKA
W/M/44 DOB: 12/5/54
SSN: 194-60-8835
o his nickname or pOJlular desigllOltioll is unknowll to Ill\: and, lhcn:forc. r
Doc; with violilting the penal "IWS of tile ('oml11onwealth or Pcnllsylvania at
have designaled him herein as John
637 Cumberland Pointe Circle
( l'I'II(.-1't1Iilinll.\'/Ihdil'/\illl/)
-UppAl" Al lAM Towm:chip in --C.UIlll:lerJ...ano__ COLlnty 011 or ahout
Participants were (i{t!tI'rt'IH'f1'I'/If/ifl/'IIII{I,I'II/(I'llll'irl/(tIl/('1 It..,.., rl'l'l'IIllIIg 111""4111I1'111,,1>"1"1'.14'11'11(10111)
~ridav~ecember 25, 1998 at
2115 hrs.
(2) The aels com milled by Ihe accused were: 0 Indirect Criminal Contempt (PFA)
The defendant did violate an order issued under the Protection From Abuse Act, 1618
Civil 1992 by the Honorable JUdge Edward E. Guido, Cumberland County dated November 9th,
1998 in which the defendant was enjoined from threatening, harassing, or calling the
Plaintiff, Elisa Arena. The violation occurred on the above date and time when the
Defendant did contact Elisa Arena by telephone and during the conversation did threaten
and harass the Plaintiff.
all of which were
or in violation of
against the peace and dignity of the Commonwealth of Penllsylvania and contrary to the Act of Assembly,
71":l: "anu of the ^ct of Protection From Abuse
(.\'('1'lillll) (S/lh'WC'lillll)
Ordinnnce of
or lhe
(3) I ask tlwt a warrant of arrcst or i.\ summons be issued and that (he accllsed be required (0 answer the charges
I have made,
(/~"ilil'lll ,"iuf,.diri.lillll)
(4) I verify that the facts set forth in this complaint arc truc and corn~c( to the hest of my knowledge or information
and belief. This verification is made subjcct to the pcnaltics of Section 4904 of the Crimes Coue (18 Pa, C. S.
* 4904) relating to unsworn falsification to authoritics.
.~('>p",,~~
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('(llIIpllJ/"l/t1l/f)
AND NOW. on this date . 19 _, I certify the complaint has heen proJlcrly completcd and
verified. and that there is probable calise for issllance of process,
(A!IIKi.\(l'fitlIOi.I/ril'l)
(III/lil/g Allfhorifl' J
(SEAL)
AQpe 411.86
ORIGINAL. SEE REVERSE SIDE FOR WAIVER AND FOOTNOTES
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EI isa M. Arena,
Pia i n I iff
I N Till'; ('OURT 01' COMMON "LEM;
vs.
01' ('tiMBERLAND COUNTY, PENNSYLVAN I A
Salvatore Arena,
Defendant
NO. '11l-5794 CIVIL TERM
PROTECTION FROM A8USE
AND CUSTODY
Defendant's Name: Salvatore Arena,
U-1/J\J, , <lRJlER QF COlJ!U
Defendant's Date of Birth: 5/12/54.
Defendant's Social Security Number:
194-60-8874 .
Names of all Protected Persons, including Plaintiff and minor
chi Id: EI isa M. Arena.
AND NOW, this _ 1~_ day of }oj ~ , 1998,
court having Jurisdiction over the parties and the subject-
matter, it is ORDI,RED, ADJUDGfm, and DECREED as follows:
the
The plaintiff is represented by Joan Carey of LEGAL
SERVICES, INC.; the defendant is represented by James M. Bach.
The defendant, although entering into this Agreement, does
not admit the allegations made in the Petition. The parties
agree that the fOllowing may be entered as an Order of Court.
o
Plaintiff's request for a Final Protection Order is denied.
OR
181
Plaintiff's request for a Final Protection Order is granted.
R
I. Defendant shall not abuse, stalk, harass, threaten the
Plaintiff or any other protected person in any place where
they might be found.
o 2. Defendant is completely evicted and excluded from the
residence at *. *, Cumberland County, PennsYlvania, or any
other residence where Plaintiff may live. Exctusive
possession of the residence is granted to Plaintiff.
Defendant shall have no right 01' privi lege to enter 01' be
present on the premises.
o On the __ day of , 1998, Defendant may enter
the residence to retrieve his/her Clothing and other
personal effects, provided thal Defendant is in the
company of II 1/IW cnfolCl'lIIcnt officer when such
r c l r i c v Ii I i ~ ilia dc,
181 J. Except liS provided in Paragraph 5 of this Order,
Defendant is prohibited from having ANY CONTACT wilh the
Plaintiff Ilt nny locntion, including, but not limited to,
nny contact at the Plaintiff's school, business, or place of
employment. Defendant is spcci fically ordered to stay away
from the fOllowing loentions for the duration of this Order:
Plnintiff's current residcnce nnd any other residencc wherc
Plaintiff mny livc,
181 4. Except as provided in Paragraph 5 of this Order,
Defcndant shall not eontact the Plaintiff by telephone or by
any 0 t he r me an s , in c I ud i ng t h i rd pa rl i e s .
181 S. Custody of the minor chi Idren, Salvatore E. Arena (DOn
1/23/96) shal I be ns follows: see attached Custody Order.
o 6. Defendant shall immediately turn over to the Sheriff's
Office, or to a local Inw enforcement agency for del ivery to
the Sheriff's Office, the following weapons used or
threatened to be used by Defendant in an act of abuse
against Plaintiff and/or the minor child/ren:
o 7, Defendant is prohibi ted from possessing, tranSferring
or acqUiring any other weapons for the duration of this
Order. Any weapons delivered to the sheriff under Paragraph
6 of this Order or under Paragraph 6 of the Temporary Order
shall not be returned unti I further Order of Court.
181 8. The follOWing additional relief is granted as
authorized by ~6108 of this Act:
a. Law enforcement agencies, human service agencies
and school districts shall not disclose the presence of
Plaintiff and the children in the jurisdiction or
district or furnish nny nddress, telephone number, or
any other demographic information about the plaintiff
and children except by further Order of Court.
b. This Order shall remain in effect unti I modified
or terminated by the Court and can be extended beyond
its original expiration date if the Court finds that
the defendant has eommitted another act of abuse or has
engaged in a pattern or practice that indicates
continued J'jsk or hHl"m to tilt, plllilltlff.
c. The defcndunt is l'lIjoillt'd (10m (IHl1la~illg OJ'
destroying any properly owned jOintly' lIy the parties or
oWlled solely hy the plaillt i rr.
d. The defendant is to refrain from harassing the
plaintiff's relatives or the minor children.
e. The court cost and fees arc waived.
o 9. Defendant is directed to pay temporary support for
plaintiff and/or the minor child/ren as follows: the amount
of $ per week, payable to the plaint i ff in the form of a
check or money order, by mai I pending the entry of an order
by the Cumbertand County Domest ie Relations Office. The
first payments is to commenee within ten days upon entry of
the Protect ion Order and each (week, month) thereafter. The
defendant further agrees to provide heatth coverage to the
spouse and/or minor chi Id/ren, and wi I t pay al I of the
unreimbursed medical expenses of the plaintiff and/or minor
chi Id/ren to the provider or to the plaint iff if she has
paid for the medical treatment, and the defendant agrees to
make or continue to make rent or mortgage payments on the
residence of the plaint iff. This Order for support shall
remain in effect unt i I a final support order is entered by
this Court. However, this Order shall lapse automatically
if the Plaintiff does not file a complaint for support with
the Court within fifteen days of the date of this Order.
The amount of this temporary order does not necessarily
reflect Defendant's correct support obligation, which shall
be determined in accordance with the guidelines at the
support hearing. Any adjustments in the final amount of
support shall be credited, retroactive to this date, to the
appropriate party.
o 10. The costs of this action are waived as to the Plaintiff
and imposed on Defendant.
o II. Defendant shall pay $ * to Plaintiff as compensation
for Plaintiff's out-of-pocket losses, which are as follows:
OR
o tl. Plaintiff is granted leave to present a petition, with
appropriate notice to Defendant, to [insert the name of the
judge or court to which the petition should be presented] *
requesting recovery of out-of-pocket losses. The petition
shall include an exhibit itemizing all claimed out-of-pocket
losses, copies of all bi lis and cst imates of repair, and an
Order schedul ing a hearing. No fee shall be required by the
Prothonotary's office for the filing of this petition.
o 12. IlIlAllY lNlllCATOIl
I. 0 The Plaint iff or prolected person(s) is a
spouse, former spouse, II person who cohahi lules or has
cohabited with the lJefendant, a parent of a eommon
chi Id, u chi Id of thllt person, oJ' a chi Id of the
Defendant.
2, 0 This Order is being entered after a hearing of
which the Defendllnt rceeived uctuul notice and hud un
opportunity to be hcurd.
3. 0 Parugrllph I of this Order has becn chccked to
restrllin the Defcndllnt from hllrllssing, stlllking, or
threutening Plaintiff or protectcd person(s).
4, 0 Defendant represents a credible threat to the
physical safety of the Plllintiff or other protected
person(s)
OR
4. 0 The terms of this Order prohibit Defendant from
using, attempt ing to use, or threatening to use
physical force IIgainst the Plaintiff or protected
person that would rellsonably be expected to cause
bodi Iy injury,
IBI
13.
THIS ORDER SUPERSEDES
IBI
ANY PRIOR PFA ORDER AND
IBI
ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
IBI 14. All provisions of this Order shall expi re in one year,
NOTICE TO THE DEFENDANT
V[OLAT[ON OF TH[S ORDER MAY RESULT [N YOUR ARREST ON THE
CHARGE OF [NDIRECT CR[M[NAL CONTEMPT WHICH IS PUN[SHABLE BY A
FINE OF UP TO $1,000 AND/OR A JA[L SENTENCE OF UP TO SIX MONTHS.
23 PA.C.S. ~6114. V[OLAT[ON MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIM[NAL PENALTIES UNDER THE PENNSYLVAN[A CR[MES CODE. THIS
ORDER IS ENFORCEABLE [N ALL FIFTY (50) STATES, TilE DISTR[CT OF
COLUMBIA, TRIBAL LANDS, U.S. TERIlITOIl[ES, AND THE COMMONWEALTH OF
PUERTO RICO UNDER THE V[OLENCE AGAINST WOMEN ACT[ON, 18 U.S.C.
~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND tNTENTIONALLY
VIOLATE TillS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIM[NAL
PROCEEDINGS UNDER TIlAT ACT. 18 U.S.C. ~~ 226t-2262. IF
PARAGRAPH 12 or TH I S OIlDER lIAS BEEN CHECKED, YOU MAYBE SUBJECT
TO FEDERAL PROSECUTION AND PENALT[ES UNDER TilE "BRADY" PROVISIONS
OF THE GUN CONTROL ACTION, 18 U.S.C. ~922(G), FOR POSSESSION,
TRANSPOIl'l' OR RECE I PT OF F I REARMS OR AMMlJN [T I ON.
NOTICE TO LAW ENFORCEM~;NT OFFICIAI.S
The pol ice who hllve jurisdict ion over the Plaint iff's
residence OR uny locllt ion where II violation of this Order occurs
OR where the Uefendllnt may he locuted, shall enforce this Order,
An arrest for violation of Puragraphs I through 7 of this Order
may be without warrant, hased solely on probable eause, whether
or not the violation is eommitted in the presenee of the police.
23 Pa.C.S. ~6113.
Subsequent to an arrest, the pol ice 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
Cumberland County Sheriff's Department shall maintain possession
of the weapons unt i I further Order of this Court. When the
Defendant is placed under urrest for violation of the Order, the
Defendant shal I be taken to the appropriate authority or
authorities before whom Dcfendant 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 fi Ie the
comp t a i n t .
If sufficient grounds for violation of this Order are
alleged, the Defendant shall he arraigned, and both
parties given notice of the date of the
BY
Edward E. Guido, Judge
This Order is entered pursuant to the consent of Plaintiff and
Defendant:
Cli) ,
U{ ,V{I n~ n Ad~ ,
Elisa M. Arena, Plaintiff
g~~,lr4-~ ((;2 :U'L-'-
Salvatore Arena, Defendant
() --'I
,Utt<. IJ ~'r L ,~_
11~an Carey v'
'Attorney for Plaintiff
LEGAL SERVICES, INC,
8 Irvine Row
Carlisle, PA 1701.1
(717) 243-9400
'7r1~
J 'mes M. Bach
\ ttorney for Defendant
'352 South Sport ing Hi II Road
Mechanicsburg, PA 17055
(717) 737-2033
1':1 isn M. Arena,
PIli i n t i fr
IN Till-. ':Ol!WI' OF COMMON PLEAS
01' ('IIMIII-./(LAND COUNTY .I'ENNSYLVAN I A
vs.
NO, 'Ill-57"" CIVIL T(;/(M
SulVltlore Arenlt,
lJefendunt
P/(OTI',CT I ON I'/(OM AlIlJS E
AND ('USTODY
(;lJSJODL OI{I,l!ii{
AND NOW, this _f2~". d/lY of Ng"~~I'IJ)_~~____, 1998, upon
eonsiderut ion of the purl ies' Consent Agreement. the following
Order is entered with reg/lrd to eustody of the parties' ehild.
Salvutore E. Arena (Don 1/2J/(J(i).
1. The pluintiff, herein/lrter referred to us the mother.
und the defendunt, hereinafter referred to as the father, shull
share legal custody of the chi Id.
2.
eh i I d.
The mother shall have prim/lry physical custody of the
3. The futher sh/lll h/lve partial custody of the ehild
every other week from Monday /It to:OO u.m. unti I TuesdllY at 6:00
p.m.
4. The mother shall have custody of the chi Id on Christmas
Eve at 5:00 p.m. unti I Christmas Day at 10:00 a.m. and the father
shall have custody on Christmas Day at 10:00 a.m, until 7:00 p.m,
5. The father shall have custody of the chi Id on
Thanksgiving from to:OO a,m. unt i I 2:00 p.m. and the mother shall
have custody 2:00 p.m. unti I 7:00 p.m.
6. The futher shal I have custody of the child on Easter
from 10:00 a.m. until 2:00 p.m. and the mother shall have custody
from 2:00 p.m. until 7:00 p,m.
7. The mother and father shal I alternate the following
holidays: Memorial Day. the Fourth of July, and Labor Day with
the mother having custody of the chi Id on Memorial Day 1999.
8, The mother and father shall have custody of the chi Id
for one week euch summer to include two weekends. The mother and
father shal I give each other lit least ooe months notice as to the
week each parent wants.
9. The father shall not remove the chi Id from the United
States of America.
10. The father shall provide advance notice to the mother
before rell10ving the child froll1 the ('oll1l11onwealth of I'ennsylvanill
and he shal I provide her with an address Ilnd telephone number
wher" the ehild will be,
I I.
the chi Id
The father's custody is condilioned on his lransporting
in un Ilgc nppropriHll' chi Id safely scal.
12. The father shllll contaet the mother first to givc hcr
the opt ion of taking the chi Id if he needs chi Id cllre during his
period of eustody,
13, The transfer of custody stHd I oceur at the Upper 1\llen
Township 1'01 ice Deparlment.
14. The mother and father, by mutual agreement, II1IlY vary
from this schedule at any time, but the Order shall remain in
cffect unt i I further order of court.
15. There shall be reasonable notice given to the other
party if a scheduled period of partial custody needs to be
cancelled or modified and a make-up period shal I be offered
within a reasonable time frall1e,
t6. The mother and father agree that each shall notify the
other immediately of medieal emergencies which arise while the
chi Id is in that parent's care.
17. Neither party shal I do anything which may estrange the
chi Id from the other parent, or injure the opinion of the chi Id
as to the other parent or which may hampe Ie free and natural
developll1ent of the child's love or re ct fa the other parent.
By the,
?~'
Edward E. Guido, Judge
This Order is entered pursuant to the consent of Plaintiff and
Defendant:
[j'.JJt'L 1i1.(j /( I ~~
Elisa M. Arena, Plaintiff
~, IJc-~
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t----t ........I.LJ( .t. .~..-
oan Carey
Attorney for P aintiff
LEGAL SERVICES, I NC.
8 Irvine Row
Carl isle, PA 17013
(717) 243-9400
Salvatore Arena, Defendant
df:v- d? ~
J mes M. Bach
\ t torney for Defendant
" .52 South Sporting Hill Road
Mechanicsburg, PA 17055
(717) 737-2033
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CERl'IFICATIOO Of' rt1\ <XJII'l>>W1'
CASE MJolIlml q 8 . .5 7 9-~ _
NAME ~-'l.t(lC~_n_-
~ . ptB-L
C(Lm p.J:\ '1 1\. P LillLL_
BALANCE DUE: $ _10.:5. 3 ()
170
171
260
207
204
502
STATE SURCHARGE
STATE FINE
SHERIFF COST ($1.50 + ADDTL)
DISTRICT ATTORNEY
COURT COSTS (CLERK OF COURTS)
RESTI~TION "\
NAME2~Clf\otQ..[Y 6)ff,c.e-
ADDRESS
CITY
NAME
--
ADDRESS
CITY
NAME
ADDRESS
CITY
VICTIM'S NAME:
_el~J re no...
ADD DELETE
$ $
$ $
$ 31./ . 9 0 $
$ 10.00 $
$ 15.00 $
$ ~5.50 $
STATE
ZIP
$
$
STATE
ZIP
$
$
STATE
ZIP
PROTHONOTARY OFFICE .1m. --) ~ )
PERSON CERTJFYING INFORMATION 01/)
DATE ()J.-(J'/- 99
COYNE & COYNE, P.c.
A ttOrtll'Ys lit Lllw
Henry F.-Coyne
Lisa Marie Coyne
3901 Markel Street
Lamp HJ1J, ra. 17011-4227
Telephone: (717) 737.0464
Facsimile: (717) 737-5161
January 22, 1999
Hand Delivered
Jonathan Birbeck. Esquire
ChiefDeputy District Attorney
Cumberland County Courthouse
Carlisle, P A 17013
Re: Arena v. Arena
No. 98.5794 Civil Term
(Protection From Abuse)
Dear Jon:
I represent Mr. Salvatore Arena in the above-referenced Indirect Criminal Contempt case.
Pursuant to Rule 305A of the Pa, Rules of Criminal Procedure, the defendant through his
counsel, requests the following:
I. Any evidence favorable to the accused which is material either to guilt or
punishment, and which is within the possession or control of the attorney for the
Commonwealth.
2. Any written confession or inculpatory statements, or the substance of any oral
confession or inculpatory statement(s), and including without limitation, any tape recording or
other memoranda of said oral confessions or statements, and the identity of the person to whom
the confession and/or inculpatory statement was made, which is in the possession or control of
the attorney for the Commonwealth.
3. Defendant's prior criminal record.
4. Any tangible objects, including documents, photographs, fingerprints, or other
tangible evidence to be used by the Commonwealth at trial or in the Commonwealth's
possession.
5. Names and addresses of all eyewitnesses and other Commonwealth witnesses.
6. Any oral, reeorded or written statements or recollections of eyewitnesses or other
Commonwealth witnesses intended to be called at trial.
. DEFENDANT'S
EXHiBIT
I !
1-22-qq !...Fl-ti
.'
INDEX TO WITNESSES
FOR THE COMMONWEALTH DIRECT CROSS REDIRECT RECROSS
1. Elise Marie Arena 4 11
2. Tanya Marsh 29 24
3. Travis Marsh 26 29
4. John Everett 32
FOR THE DEFENDANT
1. Ralph Arena 38 41 42
2. Salvatore Arena 43 49
2
1 November 19, 1998, 2:22 p.m.
2 Carlisle, Pennsylvania
3
4 (Whereupon, the following proceedings
5 were held:)
6 THE COURT: What order are we dealing with
7 here that he is alleged to have been in contempt of?
8 MR. BACH: Your Honor, that would be a final
9 PFA signed on 11/9/98.
10 THE COURT: I got it. Okay.
11 MR. BACH: It was signed by agreement of the
12 parties.
13 THE COURT: Is the Commonwealth ready to
14 proceed?
15 MR. GABIG: I disagree that that's the order
16 that he's alleged to have violated. He was alleged to have
17 violated the temporary PFA prior to the consented to
18 permanent PFA.
19 THE COURT: What is the date of the alleged
20 violation?
21 MR. GABIG: The date of the alleged violation
22 is November the 5th.
23 THE COURT: Is that what you have attached to
24 the petition? So he signed a consent order November 9, but
25 you are alleging __
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MR. GABIG: Right.
THE COURT: -- now after he even signed that
that he violated the temporary order before he signed the
consent order?
MR. GABIG: That's right.
THE COURT: Okay. Go ahead.
MR. GABIG: There was a temporary order,
there is an alleged violation, and then after the alleged
violation there had been a pending hearing date, and prior
to that hearing date and after the violation there was a
consented to PFA entered.
THE COURT: Okay. Go ahead.
MR. GABIG: We would call Mrs. Arena. Ma'am,
if you could step up to the witness stand.
Whereupon,
ELISE MARIE ARENA,
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GABIG:
Q Ma'am, can you please state your name.
A Elise Marie Arena.
Q Ma'am, I draw your attention to the date of
October the 5th, 1998. Did you leave your husband at that
time?
A Yes, I did.
4
1
Q
And your husband's the defendant in this
2 action, Salvatore Arena, is that correct?
3
A
Yes.
4
Q
And October the 9th, 1998, did you obtain a
5 temporary PFA restraining the defendant from having any
6 contact with you or your son?
7
A
Yes, I did.
8
Q
And was there a hearing date scheduled on
9 that to finalize that order which was scheduled for October
10 21st, 1998, and then continued until November 23rd, 1998?
11
A
Yes.
12
Q
From October the 5th, 1998, until October the
13 31st, 1998, where did you reside?
14
A
I resided at the, I guess I can say, domestic
15 violence shelter.
16
Q
And during that period of time, did you have
17 any contact with -- well, certainly from October the 9th
18 when you obtained the temporary PFA until October 31st while
19 you resided in the domestic violence shelter, did you have
20 any contact with your husband, Salvatore Arena?
21
A
Other than through lawyers, no.
Did you obtain -- were you able to obtain a
22
Q
23 place to live sometime after October 31st, on or after
24 October 31st?",
25 A Yes.
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Q And where was that?
A I moved to the Cumberland Point Townhouse
complex in Mechanicsburg.
Q And what type of residence is that? Is it a
house, townhouse?
A It is a townhouse, a four bedroom townhouse.
Q And who do you reside there with?
A With myself and my two daughters and my son.
Q Was your place -- at that time on October
31st, the hearing on the PPA was scheduled for November the
23rd, is that right?
A Yes.
Q Your husband who was told to have no contact
with you, did you inform him or not of your current
residence pending the PFA?
A No, I did not.
Q Was that deliberate?
A Yes.
Q In fact, in the order -- your residence was
not revealed in that order, is that right?
A No.
Q So your husband did not know where you lived,
is that right?
A
Q
Yes, that's correct.
Do you know Tanya and Travis Marsh?
6
1 A Yes, I do.
2 Q How do you know them?
3 A They are friends of mine. I met Tanya this
4 summer at the pool.
5 Q Where do they live -- or where did they live
6 on October 31st and the beginning part of November?
7 A They lived at 666 Cumberland point circle,
8 yes, in the same development as I moved into.
9 Q From the time that you left your husband and
10 obtained this PFA until November the 5th, did you have
11 information that your husband was attempting to contact you?
12 A From what date, sir?
13 Q From when you left on October the 5th.
14 A Yes, yes. I mean, he had gone to many of my
15 relatives, friends of mine. He followed Tanya on a pretty
16 long walk and told her to have me contact him. He went to
17 my father's friends, my childrens' godfather and my
18 grandparents.
19 But after he signed the PFA he didn't --
20 after he picked up the PFA, per se, he didn't contact my
21 family anymore. But I think after that, after he did have a
22 PFA, he still had spoken to Tanya when he followed her on a
23 walk. But other than that, I mean, no, not trying to
24 contact me through people or anything.
25 THE COURT: Are any of these three children
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8 BY MR. GABIG:
9 Q And were you telling your relatives and
10 friends between October the 9th and November the 5th to go
11 ahead and let him know where you were or were you trying to
12 avoid contact?
13 A I was fearful for myself, and so I had
14 advised and informed all of my friends and relatives not to
15 let him know where I was hiding.
16 Q And specifically your friend Tanya Marsh, was
17 that the type of information that you had given her, that
18 she was not to tell __
19 A Of course.
20 Q Salvatore where you were?
21 A Of course, yes.
22 Q I draw your attention to the date of November
23 the 5th, 1998, the date of this alleged violation. Do you
24 recall being at your place of residence that afternoon?
25
yours and his children?
THE WITNESS: Just one.
THE COURT: Which one?
THE WITNESS: Salvatore E.
THE COURT: How old is that child?
THE WITNESS: He'll be three in January.
THE COURT: Go ahead.
8
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Yes.
And do you recall Tanya and Travis being at
2
Q
3 your place of residence?
Yes, they were.
24
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What, if anything, unusual happened?
7 following Tanya so we were having a big discussion in the
Well, we were discussing -- my husband was
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5
Q
8 house about Tanya's husband was upset about that. And they
9 had decided they should leave ~ecause their son needed
10 another bottle. So they left with their two children, and I
11 went upstairs to clean the bathrooms. As the water was
12 running, I heard something downstairs, I'm not sure what.
13 As I got downstairs, the telephone rang and
14 Tanya said he's right in front of your house, and I said
15 okay. So I immediately called the police because I was
16 fearful and because of the protection from abuse. And like
17 I said, then I looked out the window and saw Travis Marsh
18 talking to him, and then he drove off.
And when you are referring to he, you are
19
Q
20 referring to your husband, Salvatore Arena, is that right?
Yes, I am.
23 there at that time?
Has he ever told you what he was doing over
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25 and he just said that he knew where I lived and, you know, I
Since the incident I spoke to him about it,
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1 really didn't discuss that incident. He did mention -- he
2 did say something about my friend was lying, and, you know,
3 he brought that up over the phone or something like that,
4 but that's about it. other than that, you know, he's been
5 saying some other things but nothing relating to the
6 incident.
7 Q He now knows where you live, is that right?
8 Do you still live at the same place?
9 A Yeah, same address. I assume, yes. I mean,
10 from what he told me, that's what he said, yeah.
11 Q There has now been as we informed the
12 Court, a permanent PFA has been consented to, is that right,
13 on November the 9th?
14 A Um-hum.
15 Q A few days after this, is that right?
16 A Yes.
17 Q And there's been a custody arrangement,
18 agreement, is that right?
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24 A He does talk about things on the phone other
25 than the custody, but other than that, nothing -- I did
A Right.
Q Involving the son?
A Right.
Q And you have not had any -- or have you had
any problems since November the 5th?
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speak to the apartment manager, and she said that he had
been through the neighborhood again last Wednesday but he
doesn't -- that's the only thing.
Q So what you are saying is in the PFA he is
restricted to conversations about custody? Is that what the
contact is limited to is custody?
A Yeah, it's limited to just custody talk. He
has been talking about other things, but I'm trying to
maintain a civil -- he hasn't said anything nasty or
anything, hasn't been aggressive. I'm just trying to
maintain a civil, you know, relationship for the sake of our
son.
Q You did see him outside your window, is that
right?
A Oh, yes, I did.
Q On November the 5th?
A Yes, I did. I'm sorry, yes.
MR. GABIG: No other questions. Thank you.
CROSS EXAMINATION
BY MR. BACH:
Q Mrs. Arena, good afternoon. My name is James
M. Bach. I represent Salvatore Arena, your estranged
husband. Mrs. Arena, on the day in question when you looked
out the window, that would be November the 5th, 1998, and
you said you saw your husband, isn't it true when you saw
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him he was across the street?
A Yes. I had reminded the District Attorney
that when my girlfriend called me I assumed -- she said he's
right in front of your house, but really he was, I would
say, 15 or so feet away from my door.
Q He was at his nephew's door or in the
vicinity of his nephew's property, is that correct?
A In the vicinity of my house and his nephew's.
Q Just so the Judge has a clear understanding.
When you saw him, you would have to leave your building, you
would have to walk across the street, and then on the other
side of the street is where Mr. Arena was talking to Ralph
that you observed, is that right, on the other side of the
street?
A Not Ralph, no.
Q Not Ralph. Who was he talking to?
A Travis.
Q But isn't that accurate that there is a
street dividing the buildings?
A Yes, there is.
Q So he wasn't probably within 75 feet of your
door when you saw him?
A I wouldn't say 75.
Q Okay. Now, between the time you mentioned in
your testimony that he was served the PFA papers, he quit
12
1 asking your family about where you were ll.ving, is that
2 right, that is what you testified to?
3 A I don't think it was necessarily whero is she
4 living. It was just telling messages and things telling me
5 to call him and things like that, but I think, yeah, for the
6 most part except I mentioned the Incldont with
7 Q As far as personal contact from the date of
8 your separation to the present day, by peraonal contact I
9 mean you and he alone and perhapll your ch lId to exchange
10 visitation, am I correct that you've only had one day of
11 personal contact between yourself and your husband and that
12 was to exchange the child?
13 A Yes.
14 Q There has been no other personal contacts
15 between yourself and your husband?
16 A Not person to person, no.
17 Q And on the day in question, he was not -- he
18 did not in anyway curse at you or wave his hands in anger
19 or look at you in anyway when you observed him, is that
20 right?
21 A No, not that I observed, no.
22 Q So he in no way had any contact with you,
23 personal eye contact or any other contact that particular
24 day and that time?
25 A No, but I didn't ace thc whole thing.
1]
1 Q Now, you are aware that Ralph Arena, your
2 husband's nephe'", resides in the Cumberland Point Townhouse
3 Complex?
4 A Yes, I know that.
5 Q And were you aware of that situation when you
6 elected to move into those townhouses?
7 A Yes. I needed a place for my children and I
8 to stay.
9 Q So you elected to move into a townhouse
10 complex almost directly across the street from your
11 husband's nephew because you needed a place to live, is that
12 correct?
13 A Yeah.
14 Q And since the PFA has been in effect, things
15 have been going relatively smooth, have they not?
16 A I would say. I mean, I'm trying not to argue
17 and fight, but there are -- I mean, when he first -- the
18 first custody visit he did try to hug me, talk to me, things
19 he wasn't supposed to do, but I didn't complain about it
20 because I'm trying to remain civil.
21 Q That custody is happening at a police
22 station, that transfer of the child, isn't it?
23 A That's right.
24 Q And that's at the Lower Allen Township Police
25 station. So you have no need --
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A Upper Allen.
Q You have no need to be arrald or him on the
transfer of the child. In fact, you've had at least one
exchange for visitation.
A Um-hum.
Q So the conversation you had -- or you say
your girlfriend -- what was her name?
A Tanya Marsh.
Q Tanya Marsh tells you that Sal is asking
about you. I believe you said that, is that correct?
A Yes.
Q Now, Tanya Marsh said that one time, is that
correct?
A That he contacted her, yes, that he actually
spoke to her.
Q So we have the one contact where he's asking
about you through Tanya Marsh, and she also lives in the
Cumberland Point Townhouses?
A Right.
Q All right. And then the second contact with
the Marsh family would be Tanya Marsh's husband on November
the 5th, 1998, at approximately 6:14 p.m. talking to Mr.
Arena in front of his nephew's apartment, and you observed
that conversation, correct?
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A It wasn't directly in front of Ralph's
apartment.
Q Well, close to it.
A Close. Close to mine as well.
Q And that had nothing to do with you, that
conversation, as far as you being threatened, menaced,
harassed or being put in fear for yourself in anyway, did
it?
A I was in fear, yes, I was, but I don't know
what the conversation --
Q You were in fear because of the conversation?
A I don't know what the conversation was about.
I was inside the house.
Q Did Mr. Marsh come back immediately after the
conversation and say, Mrs. Arena, you have to be in fear,
something terrible's going to happen?
A Travis did tell me to call the police.
Q But did he tell you you should be afraid?
A He told me that Sal was obviously drinking
and that he said he knew where I lived and that he said --
Q Did he say you were afraid
THE COURT: Wait a minute. I want to hear
what she said he said. Go ahead. Complete what you were
telling me.
THE WITNESS: I opened the door once I saw
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Sal's car leave, and Travis told me, call the police. He
said, he knows where you live, and something about he wanted
to see his son. So, you know, I had already called the
police but so had the guy next door to me which I didn't
know.
BY MR. BACH:
Q But on the question of seeing his son, that
was already put in place by Miss Carey and Mr. Bach, isn't
that correct?
A That's right.
Q So you knew that was already going to happen,
him seeing his son?
A Yes, we had done custody with the PFA. We
had started trying to work on the custody agreement.
Q Just so the record is implicitly clear,
ma'am, on that date in question when he was in the vicinity
of his nephew's apartment, he was not looking at your
apartment, gesturing to you in anyway, or doing anything
visibly to excite and harass you other than being there?
A No.
MR. BACH: Thank you. I have nothing
further, ma'am.
THE COURT:
MR. GABIG:
Anything else?
I have no other questions for
this witness.
17
1 TilE COUR'r: Now, you may stop down. Tell me
2 the provision of this order you allege he has violated, this
3 temporary order.
4 MR. GABIG: That he was -- under paragraph
5 one, the defendant shall not abuse, harass, stalk or
6 threaten any of the above persons anyplace where they might
7 be found,
8 THE COURT: Okay. Anything else?
9 MR. GABIG: Under paragraph two it says that
10 the defendant shall stay away basically from any other
11 permanent or temporary residence where the plaintiff may
12 live.
13 THE COURT: So stay away basically?
14 MR. GABIG: It says defendant is evicted from
15 4341, Apartment C-5, camp Hill, a residence which is jointly
16 leased by the parties but from which defendant voluntarily
17 removed.
18 THE COURT: He is evicted and excluded, and
19 he is excluded from any other permanent or temporary
20 residence where plaintiff may live. Is that the language?
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MR. GABIG: Yes.
THE COURT: So you are saying that you are
alleging here that he has violated one by that clause and by
the stalking and harassing clause, is that correct?
MR. GABIG: Yes.
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TilE COURT: Any further testimony?
MR. GABIG: No, Your Honor. Well, we have
the Marshes here. Tanya Marsh, please.
Whereupon,
TANYA MARSII,
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GABIG:
Q Can you please state your name.
A Tanya Marsh.
Q You are the same Tanya Marsh we just heard
testimony who was described as a friend of Elise's, is that
right?
A Yes.
Q Do you recall having any contact with the
defendant on or after October 5th, 1998, and before November
5th, 1998?
A Yeah, whenever I was walking one evening.
Q What happened?
A I go on a nightly run, and I was running in a
development across from where I live. I was at the time
I was talking to a lady that had stopped me, and all I know
is I heard, Tanya, is that you, Tanya. And I turned around
and he had parked across the street -- Sal Arena had parked
across the street and walked over to me and asked if he
19
1 could talk to me, and I said yes.
2 So he came over and started talking to me
3 about Elise and asked me if I knew where she was, and I said
4 I didn't know where she was. And at the time I didn't know
5 where she was. I hadn't talked to her at the time up until
6 then. And he just said how he missed her, and he missed his
7 son and that he thought he knew where she was.
8 And we were just talking, and, you know, he
9 told me, you know, he understands I have a family and
10 everything and that he didn't mean any harm but he wanted to
11 know where she was. And then he told me at the end of the
12 conversation, if you see her, please tell her that I love
13 her and, you know, that I miss her and that I want to talk
14 to her, and that was it.
15 He shook my hand and, you know, I started
16 going home, kind of went in a different direction because
17 he -- I never spoke to him before in my life. As far as I
18 knew, he never knew where I lived. I wasn't at my house. I
19 was miles away running. By the time, you know, he had
20 stopped me I was near home, but probably about, you know
21 it wasn't near my house. So to me that scared me. I didn't
22 know him, and, you know, I went home and it was almost dark
23 time.
24 So I went home and I went straight to the
25 office, the office knew the situation, I guess, and we
20
1 contacted the cops. And the cops came, and I filed a
2 complaint against him because, you know, I didn't think that
3 that was right for him to contact me at all. He never liked
4 me. He never talked to me before.
5 Q When was this, do you remember?
6 A I don't remember the evening it was. I
7 know all I know -- we talked about this before. All I
8 know is it was before Halloween, probably the third week,
9 maybe second. I don't know.
10 Q Was it before Mrs. Arena moved in
11 A Yes.
12 Q -- to your neighborhood?
13 A Urn-hum.
14 Q Was it after she had obviously left
15 Salvatore?
16 A Yeah, it was after that because I hadn't
17 talked to her, and I didn't even know she was moving into my
18 place.
19 Q Did you later then after this event find out
20 where she lived? She moved into your neighborhood, right?
21 A Yes. Oh, yeah.
22 Q And did you tell Salvatore? Did you honor
23 his request to let him know where she was?
24 A No.
25 Q Why?
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daughter.
Q
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A
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1 ahead.
2 We saw a car slowly driving by, real slow by
3 my apartment, and my husband Travis said, is that him, Sal?
4 I said, I don't know. I said, I hope not. And all of a
5 sudden the car comes -- started coming around and passed his
6 nephew's house further up the street towards Elise's.
7 My husband gave me my son, told me to go home
8 and call the cops. I went home because I did realize that
9 it was him, and so we went home, my son, my daughter and I,
10 and that's when my husband approached Sal in his car heading
11 towards up the street almost across from Elise's apartment.
12 Q Had you ever seen Sal there before?
13 A In the complex, yes, two other times.
14 Q Do you remember when?
15 A Well, after the run, when I went running and
16 he approached me, there was another time when I was at -- I
17 was at my house and I was going to the mailbox, and I saw
18 his car driving around, and it was down near my house also
19 going really slow but he drove by. I went into the
20 apartment--
21 THE COURT: When was this, ma'am? Give me a
22 time frame, ballpark.
23 THE WITNESS: It was before the 5th of
24 November before the incident happened where my husband
25 stopped him and after we went running. So probably -- I
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don't know. After -- it was after Elise moved in. She
moved in in the beginning of November, so right after that.
And I did tell the apartment complex, you know, what was
going on, that he was in there again. He drove by my house,
drove around the circle and left.
BY MR. GABIG:
Q And that happened --
A And then another time I was coming into the
complex, looked in the rear-view mirror, and he was right
behind me. I went to my house, parked my car, didn't know
whether to get out or not. I didn't know what he was doing
because I have never seen him stop at his nephew's. He
drove by my apartment, went really slow, and circled around
up near where Elise lives, turned back around and came back
past my place again and then out,
Q That was within a week we're talking about,
these three separate occasions?
A Um-hum.
Q And then on the 5th, is that right?
A Yes.
MR. GABIG: I don't have any other questions.
Thank you very much, ma'am.
CROSS EXAMINATION
BY MR. BACH:
Q Ms. Marsh, good afternoon. My name is James
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M. Bach. I represent Mr. Arena. The first time you met Mr.
Arena, from your testimony I understand it was a cordial
conversation?
A Uh-huh.
Q This was approximately three weeks prior to
Halloween?
A I know it was before Halloween. I didn't
remember the date, but, yes, I would say about a week and a
half maybe before, two weeks. I really don't remember the
date.
Q You have no recollection, but it was several
weeks before Halloween and it ended with a handshake?
A Yes.
Q And he said to you that if you see his wife
tell her I love her?
A Tell her I love her and that
Q Right. Now, did you know he worked from time
to time at Pizzatown?
A No, I didn't.
Q You did not, And Pizzatown is, what, about a
half mile up from your complex?
A Yeah. I know exactly where it is.
Q So you know it's in close proximity of where
he works. Did you know that his nephew Ralph lived in the
Cumberland Point Townhouses?
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A Yes, I did,
Q The same townhouse complex you live in?
A Yes, I did.
Q Going back to this situation of talking about
the -- you described it as the day of the incident,
Incident is your word. Am I correct in describing the
incident as your conversations with Mr. Arena and then your
subsequent -- your husband's subsequent conversations with
Mr. Arena, that is the incident that you are referring to?
A Um-hum, yes.
Q That is the incident. Okay. Thank you.
MR. BACH: Nothing further.
THE COURT: Any redirect?
MR. GABIG: Nothing further.
THE COURT: Ma'am, you may step down.
MR. GABIG: Mr. Marsh.
THE COURT: Come right up here and you will
be sworn in.
Whereupon,
TRAVIS MARSH,
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GABIG:
Q Sir, could you please state your name.
A Travis Marsh.
26
1 Q I want to draw your attention to the date of
2 November the 5th, 1998. Do you recall encountering the
J defendant on that date, Mr. Arena?
4 A Yes, I do.
5 Q Can you tell us what happened?
6 A We were leaving Elise's apartment, me and my
7 wife. We were walking our kids back around to our
8 apartment, and while cutting in between the two apartments,
9 we saw his car driving up, what we thought was his car. I
10 asked my wife, is that his car? And she said, I think it
11 might be.
12 Right then I started dropping my kids. Like,
13 here, take the kids. So I go to the apartment and call the
14 police. Sure enough he pulls around. He looks dead at us
15 and I seen him. She's like, that's him, that's him. I
16 yelled at him. I was like, hey, you, stop your car.
17 He turns around and looks, and he stops his
18 car and I run up to him. I'm like, what the heck are YOIl
19 doing stalking my wife? He's like, what are you talking
20 about? I was like, you're stalking my wife. You've been
21 following my wife around three times coming after her. I
22 was like, I don't appreciate it, and you are not even
23 supposed to be on this property.
24 He's like, no, no, no, I'm not stalking your
25 wife. He's like, I'm looking for my wife. I know my wife
27
1 lives around here. I know she lives here. I want to see my
2 wife and my son. I was like, then why are you following my
3 wife? I was like, you followed my wife through an apartment
4 complex, you stalked her, you are harassing her, and I don't
5 appreciate it. He's like, let me park, let me park, let me
6 park.
7 By this time two or three people are coming
8 out of their apartment buildings, and he comes out, he's
9 like, hey, you need some help? I was like, yeah, call the
10 pOlice. He parks, he steps out, and he starts talking to
11 me. He's like, I no stalk your wife. I no stalking your
12 wife. He's like, I hurt inside. He's like, I want my
13 family back. I want my boy. What if they took away your
14 boy? What would you do?
15 I was like, you know, I'm not here to sit
16 there and talk to you about your wife and your kid. I'm
17 talking about my family, and you're following my family. It
18 was, like, I don't know where your wife is. He's like, I
19 know she lives around here. I know she's here. He's like,
20 I want to talk to her and I want to see my boy.
21 And he's looking around the apartment
22 complexes over on her side where she lives, and I'm like,
23 you know, I don't care about that. You leave my wife alone
24 and stay completely away from her. I'm like, you've been
25 here once before today. It's like I had to take off work to
28
1 come find you.
2 I was like, I've been to where you work to
3 tell them to
4 THE COURT: How did this wind up? What
5 happened?
6 THE WITNESS: Well, I kept trying to keep him
7 there waiting for the police to come, and finally he got in
8 his car and he took off.
9 THE COURT: He left, okay.
10 MR. GABIG: No other questions.
11 CROSS EXAMINATION
12 BY MR. BACH:
13 Q Mr. Marsh, good afternoon.
14 A Good afternoon.
15 Q My name is James M. Bach. I represent Mr.
16 Salvatore Arena. On November the 5th, 1998, when you
17 observed Mr. Arena, for the first time upon your view it's
18 my understanding that he was in his car driving out of the
19 complex, is that right?
20 A He was driving around. He pulled up right
21 there where we were, and I saw him and I stopped him.
22 Q He was driving the car, but you caused him to
23 stop the car, you actually halted and stopped him?
24 A Yes, I did.
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Q As I understand it, you stopped him in the
vicinity of Ralph Arena's apartment, in front of Ralph's
apartment or close by Ralph's apartment?
A I stopped him right in front of Elise's
apartment.
Q Well, on the other side of the street?
A No. He stopped right there on her side of
the street. When he parked his car, he pulled onto the
other side of the street.
Q And he PUlled it in front of his nephew's
apartment?
A No, he did not. He pulled into another
parking spot.
Q Another parking spot close to his nephew's?
A Yes.
Q Had you seen Mr. Arena at anytime before that
day yourself personally?
A No.
Q So your first observation, your first view.
So you heard your wife testify in court today that really
upon the first time she met Mr. Arena she had a very cordial
meeting, and for some reason or another she became a little
concerned after she saw him two other occasions? You heard
her say that?
A No, I did not. I was outside.
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Q You wero outside?
A Yes. Yos, she's been worried about him
following her.
Q Then she learned that there is a PFA in
existence and he's not supposed to be near Elise Arena, his
wife, and she told him he's not supposed to be there. In
fact, you told him, did you not, that he's not supposed to
be there because of the PFA?
A No. I told him he's not supposed to be there
because of us because I didn't lead him to believe that she
was there. I denied the fact that she was there. I told
him that he's not supposed to be there because of me and my
wife filing a complaint because he was following my wife.
Q You knew about the PFA?
A Yes.
Q And your wife knew about the PFA?
A Yes.
Q So you thought what you were doing was
protecting your wife when you went over and approached him
to tell him to stop?
A Yes.
Q So the record is clear on that as to who you
were protecting. Now, he did not give you a difficult time
when you stopped when he stopped his car, did he?
A No.
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Q lie was quite open, quite emotional, quite
sincere, was he not?
A Yes.
Q Did you come to believe after you had made
that stop that he was not, in fact, stalking your wife?
A
Q
your wife?
A
Q
A
Q
No.
You believe till this day he was stalking
Yes, trying to figure out where his wife is.
stalking your wife?
Yes.
All right.
THE COURT: Anything else?
MR. GABIG: No.
THE COURT: You may step down.
MR. GABIG: Mr. Everett.
Whereupon,
JOHN EVERETT,
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GABIG:
Q sir, can you please state your name.
A John Everett.
THE COURT: How do you spell your last name?
THE WITNESS: E-v-e-r-e-t-t.
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BY MR. GABIG:
Q Mr. Everett, on November 5th, 1998, where did
you live?
A 639 Cumberland Point circle.
Q I want to give you a pen and a piece of paper
and if you can just sketch that out for us. Is that a
horseshoe shaped complex?
A Yes, sir.
Q Could you just sketch out for us what that
looks like.
A I'm not a good artist. Okay.
Q Did you see anything unusual that caused you
to call the pOlice that night?
A Yes, I did.
Q What did you see?
A Well, as I was leaving my residence, I was
walking to 688 Cumberland Point to talk to a friend of mine,
and as I was standing there knocking on the door, I seen a
car approach out front of his house, okay, and it stopped
and got -- it was put in reverse to move out of the way of a
trash can.
Sal was in the car, and he was looking past
the trash can up towards the back of my residence, I guess
Elise's residence also, my neighbor, and then he had put the
car in drive, moved up about maybe 15 yards and parked the
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car, the car facing the back of our residence.
Q Now, this is a horseshoe. You've diagrammed
a horseshoe type of complex here, is that right?
A Yes.
Q And as you look at it, your place is on the
right-hand side of that complex, is that right?
A Yes.
Q And you're saying he was over on the
left-hand side of the horseshoe?
A Yes.
Q The other side?
A Yes.
Q And there are apartments -- on your side of
the horseshoe, there are apartments or houses on both sides
of the road, is that right?
A Yes.
Q Two lane road, you can go both ways, right?
A Yes, sir.
Q The defendant's nephew, are you familiar with
him?
A Yes,
Q He lives all the way on the other side of the
street from your house, is that right?
A Yes, yes.
Q So Sal's car is on the left-hand side looking
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in the back of yours, and then on the other side of your
street would be his nephew's, is that right?
A Yes, yes. He's not able to see his nephew
from where he was sitting.
Q And to get directly from his nephew -- what
is the name of that road that you enter into?
A Rocky Road.
Q The two sides of the horseshoe, obviously he
would have gone into the other side of the horseshoe to get
to his nephew's, is that right?
A Yes, sir.
Q But you didn't know who was in the car at the
time that you saw the activity?
A No, sir.
Q
that right?
A
But you saw a car and somebody in the car, is
Yes.
Q And they were looking in the direction of
your apartment which has also turned out also to be Mrs.
Arena's apartment complex, right?
A Yes.
Q The back of it?
A Yes.
Q You thought that was suspicious?
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A Yeah.
Q And you went up and did what to your
apartment?
A Well, I went in and went back the same way I
walked, went in my residence, and I closed my back curtain,
And as I was closing the back curtain, I seen him pullout
and go down around the opposite end of the entrance which
would be
Q The front of your building then, is that
right?
A Yes.
Q I guess you came out with __
THE COURT: Wait a minute. Just let him tell
me what happened.
BY MR. GABIG:
Q Then what did you do?
A Okay. After I closed the curtains and I seen
the car pull off, I thought it was kind of suspicious so I
walked to the front to look out the window to see exactly
who it was, what kind of car it was, and here Travis had
stopped the car and he was talking to the guy.
I went out and I was listening to some of the
conversation. And I heard Travis mention about him stalking
his wife, and I heard Sal say he wasn't. That's when I told
Travis, I was like, well, yeah, because I just seen him out
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1 back, And I asked him if he needed any help, and he was,
2 like, yeah, call the cops. So J told my roommate to go
3 inside and call the cops.
4 Q In terms of this horseshoe thing, do you know
5 where the Marshes live on that horseshoe?
6 A Yes.
7 Q Where do they live on it?
8 A They live down towards the bend of the
9 horseshoe.
10 Q So when he was parked in that area that you
11 described, would he have been able to view their __
12 A Easily, easily.
13 Q But he would not have been able to view his
14 nephew's?
15 A
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21 MR. BACH: Your Honor, would you entertain a
22 motion to dismiss at this time?
23 THE COURT: I will entertain it, but I won't
24 do it.
25
No, not at all.
MR. GABIG: No other questions. Thank you,
MR. BACH: I have nothing for this witness.
THE COURT: You are excused.
THE WITNESS: Thank you.
MR. GABIG: Commonwealth rests, Your Honor.
37
A
Q
A
Q
that right?
A
Q
A
Q
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1 resident?
2 A Yes, I did.
3 Q Have you learned, in fact, that she resides
4 in the building across the street?
5 A Yes.
6 Q And her building and your building are about
7 how far apart in feet, 75, a hundred?
8 A About a hundred, maybe, to 80.
9 Q One hundred eighty feet?
10 A Yeah.
11 Q After your husband and his wife separated in
12 early October, did you have occasion to have your uncle
13 visit with you at your house?
14 A Yes. Well, what happened was while he was
15 with his wife, I don't know what I did to his wife, actually
16 my uncle disappeared from our restaurant. His wife didn't
17 want him around us. So I found out he separated, I call my
18 uncle because I have a newborn. I thought he has the right
19 to see my newborn so I invited him for some coffee and come
20 and see my newborn, and he came about four, five times.
21 Q Four or five times. This is after the time
22 he separated with his wife?
23 A Yes.
24 Q And up to, I suppose, the date of the
25 incident?
39
1 A Yes.
2 Q And did he mention to you during any of the
3 visits with you and your wife and your child that he Knew
4 where his wife, Elise M. Arena, was living?
5 A No, he didn't.
6 Q I'm sure you had some discussions about her.
7 A Yeah. He, you know, missed her, and I was
8 giving him -- you know, telling him, don't worry, everything
9 will go all right, try to work things out, you guys got a
10 kid, but I did not know she lived across the street.
11 Q You didn't know she lived across the street?
12 A No.
13 Q And are you telling the Court today that at
14 least as of the last time he was at your house you didn't --
15 A No. I found out approximately about a week
16 and a half where my mother brought my older son over when
17 she seen her mother unpacking some stuff, and that's when my
18 mother said I seen Elise's mother. And I call my Uncle sal,
19 I told him that, but I told him, listen, I don't want
20 nothing to do with whatevers going to happen, and at that
21 time he never came back.
22 Q So your testimony is clear for the Court --
23 A Yes.
24 Q -- you first discovered that Elise M. Arena,
25 the party who is complaining here today, lived across the
, ,..':,.;:;:':':~.~
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street from you a week and a half ago?
A Yes.
Q The first time. Thank you.
MR. BACH: Nothing further.
THE COURT: Any questions?
CROSS EXAMINATION
BY MR. GABIG:
Q You work all the time at the restaurant,
right?
A Five days a week, Sunday and Mondays off.
Q And certainly Salvatore knows that very well,
is that right? I mean, that's a well known fact?
A At that time, 110, because he hasn't come over
to my place that much because of the incidents when he never
came around my family because of his wife.
Q You were estranged from your uncle at that
time, is that right?
A Yes, but we're really close.
Q But at that time there was no relationship,
there was an estrangement at that time?
A Well, at that time we start talking a little
bit, you know, and I figured I wanted to bring him back into
my family.
Q And you weren't home at the time of this
incident, you were working as you usually are, is that
41
1 right?
2 A Yes, I was.
J Q The normal way you would get to your house is
4 not the way we heard this car came in?
5 A Well, either way. Either you take your first
6 right or sometimes I take the longest way just for a
7 joyride, whatever you feel like doing.
8 MR. GABIG: No other questions.
9 THE COURT: Anything else?
10 REDIRECT EXAMINATION
11 BY MR. BACH:
12 Q Just to follow up on that so the Judge is
13 clear on this complex. Cars could enter in either
14 direction?
15 A Any way. Because sometimes personally I do,
16 and he knows, the guy I know him, I go the other way just to
17 go around and see who is in the neighborhood.
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Q So it doesn't matter?
A It does not matter --
Q It is a personal preference?
A no.
MR. BACH: Thank you.
THE COURT: You are excused.
MR. BACH: Okay, Sal.
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Whereupon,
SALVATORE ARENA,
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. BACH:
Q For the record, please state your full name
and address.
A Sal Arena, 4341 Carlisle Pike.
Q Camp Hill, PA, is chat correct?
A Yes.
Q Mr. Arena, if I ask you a question and you
don't understand my question because of the language --
A If I don't understand it, my nephew can say
it in Italian.
Q You just stop and we'll have him translate,
all right.
A All right.
Q You understand that you are a defendant in
this court today?
A Yes, sir.
Q And you have been charged with violating a
temporary protection from abuse order?
A Yes, sir.
Q Now, how is the situation going today between
your wife and you with the visitation of the baby and so
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forth?
A Well, I saw my son like two weeks ago, so
fine.
Q
is that right?
A
Q
A
Q
And you are due to see him every two weeks,
Yeah. I supposed to see next Monday.
Are you having any problems with your wife?
No.
Everything pretty well calmed down, settled
down?
A Yes.
Q Are things going good?
A Everything will be all right.
Q okay. I want to direct your attention then
to this charge that's been filed about an incident on
November the 5th, 1998, in your nephew's townhouse complex.
A Yes.
Q Now, after you and your wife separated, did
you visit with your nephew Ralph at that townhouse complex?
A About three, four times.
Q And why did you go there?
A That's my nephew. Like, when I want to talk,
when I do something, I go to see him, have a coffee.
Q So this is after --
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A I never sees his son before.
Q Just so the Judge is clear on this date here.
After the date of separation, which was October the 5th,
correct?
A Yes.
Q And before the date of the incident, which
was November the 15th, you had gone to this townhouse
complex at least three or four times?
A No, I didn't.
Q To see your nephew?
A Oh, to see my nephew, yes.
Q Yes. Okay. Now, on November the 15th,
1998 --
A Um-hum.
Q -- the date and time it's alleged that you at
approximately 6:14, quarter after 6:00 --
THE COURT: I thought it was November 5.
MR. BACH: November 5. What did I say?
THE COURT: You said 15th. November 5.
BY MR. BACH:
Q November 5, at 6:15 -- first of all, did you
go and were you present at the Cumberland Townhouse Complex?
A Yeah, I was to go to my nephew house.
Q Your purpose was to go to your nephew's
house. Is that what I understood you to say?
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A Yeah, I was to go to see my nephew.
Q Did you go and get out of the car and knock
on the door?
A I knock at the door. lIis wife open the door,
When my nephew is not home, I don't go to nobody house, you
know what I mean. So I get out.
Q You get out of your car?
A Yeah. This man he stopped me.
Q When you say this man
A The other guy who was in here before.
Q Who was identified as Mr. Marsh?
A Yes.
Q He stopped you and you had a conversation?
A Yeah.
Q And what did he say to you?
A He say you got to stop to bug my wife, this
and that. I said, listen, I don't bug nobody. I just come
to see my nephew. He said his wife think that so I leave.
I left. At that time I don't even know my wife she was to
live over there. I don't know.
Q I'm going to get to that. During this
conversation, he was talking about his wife Marsha, is that
correct?
A Yes.
Q I believe that's her name. Maybe her name
46
1 was Tanya for the record. Let the record correct itself.
2 Mrs. Marsh I think her first name was Tanya. lie spoke to
3 you the whole time about his wife Tanya, correct?
4 A Yeah.
5 Q He at no time -- did he at anytime ask you
6 anything about your wife, Elise?
7 A No, he was just talk about his wife.
8 Q He said nothing about Elise?
9 A Yeah. He say --
10 Q Did this conversation
11 THE COURT: wait. Go ahead. Did he say
12 anything about Elise?
13 THE WITNESS: No. He just say one thing. He
14 say, did you know you are not allowed to come over here
15 because you got, what do you call it, a PFA. I said, how do
16 you know? He said, I know everything.
17 BY MR. BACH:
18 Q Did he say anything further other than that?
19 A No.
20 Q Did you then learn subsequent to this night
21 where your wife lives?
22 A I found out last week where she lives.
23 Q Last week?
24 A I found out from my nephew.
25 Q Hold on a moment. When Mr. Marsh was talking
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to you --
A Um-hum.
Q -- how many feet away from your wife's
building were you, approximately?
A Like half a miles away, in the back of the
Pizzatown.
Q You don't understand.
(Whereupon, Ralph Arena translated for
the defendant.)
THE WITNESS: I was inside my nephew house.
BY MR. BACH:
Q You're standing outside your nephew's house,
and now you know that your wife lived across the street in
another building, is that correct?
A I know now.
Q Were you in anyway at that time on that date
at that place near her house at all?
A No.
Q Did you ever lay your eyes on her at all?
A No.
Q Did you do or say anything to her on the
telephone or otherwise that would make her concerned that
you were stalking her or trailing her or being secretive
about her?
24
25
A No, I didn't, no.
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Q Did she contact you or try to speak to you
that night in anyway?
A No.
Q From the time of this incident, Mr. Arena,
the date of this incident, 11/5/98, have you gone back to
this complex at all for any reason?
A When I find out she lives over there, I don't
go no more.
Q You have never been back?
A Because I'm scared now.
Q All right. And the child pick up, that is
happening at the Upper Allen Township Police station?
A Yes.
Q That doesn't even occur at her residence, is
that correct?
A No.
Q And is that child pick up going in a friendly
fashion?
A Yeah.
MR. BACH: Your witness.
CROSS EXAMINATION
BY MR. GABIG:
Q Sir, your wife left you on October the 5th,
1998, is that right?
A Yes.
49
1 Q And on November the 5th -- from October the
25th to November the 5th, you didn't know where she was or
3 the whereabouts of your son, is that right?
4 A I was asking a lot of people or family to
5 find out where my wife, and nobody want to tell me.
6 Q And you were served with the temporary PFA
7 sometime shortly after October the 9th, 1998, is that right?
8 A Say again.
9 Q You had a temporary PFA served against you
10 sometime after October the 9th, 1998, is that right?
11 A Yeah.
12 Q And that was in existence on November the
13 5th, 1998, that temporary PFA, is that right?
14 A I think so.
15 Q According to that, you weren't supposed to
16 have any contact with her, go to her place of residence, et
17 cetera, harass, annoy, all
18 THE COURT: wait a minute. You are not
19 reading the language that is in here. I won't let you do
20 that.
21 MR. GABIG: All right.
22 BY MR. GABIG:
23 Q You were not supposed to go to your wife's
24 place of residence according to that PFA, right?
25 A I know that.
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Q
that right?
A
Q
A
Q
And you weren't supposed to stalk her, is
stalk what?
You weren't supposed to follow her?
I don't follow nobody.
But you wanted to see your son and your wife,
is that right?
A
Q
Can I say something?
You'll get -- just answer my question.
MR. BACH: Wait. Mr. Arena, just concentrate
on the question.
THE COURT: stop. Stop. stop. Did you want
to see your wife and your son at that point? Did you want
to see your wife and your son at that point?
THE WITNESS: Oh, yeah.
BY MR. GABIG:
Q You wanted a great deal to see your wife and
son, is that right, you were emotionally --
MR. BACH: objection, Your Honor. The
question has been asked and answered.
THE COURT: Sustained. He wanted to see
them.
BY MR. GABIG:
Q Do you agree the way you came in here into
this residence on November the 5th you came in the wrong way
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if you were going to go see your --
MR. BACH: Objection, Your Honor.
TilE COURT: Overruled. You may answer.
BY MR. GABIG:
Q I'll even rephrase it. I'll rephrase that
question. Did you hear the way that Mr. Everett described
how you came into the horseshoe?
A Yeah, the second one like this.
Q Do you agree with that? You're not disputing
that? You agree that's how you came in and that's what you
did?
A Yeah.
Q You parked on the other side initially?
A I park on the front of my nephew house.
Q No, no, before then. When you first came in,
he said he saw you pull in and parking and you were looking
over towards
A No, I didn't.
Q You did not?
A Why should I stop when I don't know nobody.
Q You dispute that, sir, is that right?
A I'm sorry?
Q You deny that?
A I just stop to my nephew house.
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Q But you do agree that you came in on the
other side of the horseshoe, is that right?
^ See, you can go in two way.
I go the second one. I just go like this.
nephew house.
The first way
I stop to my
Q The horseshoe dead ends on the second one,
right?
A I'm sorry?
Q How did you come? Did you drive by the first
one?
A You can go the first or the second, whatever
you want. You can go around.
Q So you passed the first one and then you went
to the second one?
A Yeah.
Q Why did you pass the first one rather than
going directly to your nephew's house?
A Wait a minute. When you go in the back of
the building, you can go the first one and you can -- always
I go like this. I stop to my nephew house.
Q There's a horseshoe, right?
THE COURT: He just said the way he comes in
and drives it.
THE WITNESS: That's a two road --
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TilE COURT: He explained that that is the way
he came in. Next question.
BY MR. GABIG:
Q You say -- Mr. Marsh said that you told him I
know where my wife lives, I'm looking for my wife, I want to
see my wife.
A About four weeks ago, yes.
Q On November the 5th out there when you saw
him when he stopped your car in front of your wife's house.
A It wasn't the 5th. Yeah, yeah, you're right,
November the 5th.
Q On that day, you remember the incident with
Mr, Marsh when he confronted you, stopped your car, right,
sir?
A You are talking about the husband?
Q Yes, the husband.
A Yeah.
Q Mr. Marsh. He said that you said, I know
where my wife lives, I want to see her, I love her.
A I don't say that. I just say I love my wife.
I miss my wife and my son, but I don't know she lives over
there. I don't know.
Q You admit that you said I love my wife and I
miss my wife?
A Yeah.
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Q You told him that, right?
A Yeah, I told him that.
Q And you told him that you were looking for
your wife, right?
A I was look, but I don't know she was live
over there.
Q And you had been following his wife to try to
find out where your wife was, isn't that right?
A No.
Q Why were you driving by their house slowly?
A They say I was slowly. I got to be slow
because
Q Four times in a week.
A that's kids around there. You got to be
careful. I don't drive 25 miles through --
MR. GABIG: I don't have any other questions.
THE COURT: Anything else?
MR. BACH: No, I have nothing further.
THE COURT: You may step down. Any further
testimony?
MR. GABIG: No.
MR. BACH: No, Your Honor.
THE COURT: Anything else?
MR. GABIG: No, Your Honor.
THE COURT: The record is closed. Closing,
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1 moving party.
2 (Whereupon, closing statements were held
3 of f the record.)
4 THE COURT: I want to decide the case, but I
5 do want to look at the statute. I will take it under
6 advisement. I will have something down if not by the end of
7 today tomorrow.
S MR. BACH: Thank you, Your Honor.
9 (Whereupon, the hearing was concluded
10 at 3:31p.m.)
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CERTIFICATION
3 I hereby certify that the proceedings are
4 contained fully and accurately in the notes taken by me on
5 the above caUse and that this is a correct transcript of
6 same.
7
8
, )
. n' ( . \"
Pamela R. Sheaffer
Official Court Repor
\_'1
9
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----------------------------------
12 The foregoing record of the proceedings on the
13 hearing of the within matter is hereby approved and directed
14 to be filed.
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CIIIMlf ML C< )/,11'1 AIr II
(POUCE)
9 g - !J' 7 9<t
~ (U-. (er--I
COMPLiiiNfNUMliEIi--rEAn TYPE NUMiiEJ
Coi-l1pl.;,'1l1 Nui,iilt'l!I iHfulo; PEuiicipnills-- - .--------
PLI\((;f 'DISTnlCT JUSTICE
MAGlSTEnlAL D1STnlCT NO. Cf"/ - 's-df
fVl2- CW~T Or- LI7l1.A$(,.N (Lt
A7~~8~7
INCIDENT NU~DERr~O~___r~
COMMONWEALTH OF PENNSYLVANIA
IJU I NIJMII VS,
I. --OUiccr_ Jalllcs__R. .Nil LOl:--llmI8BfI23JII-________
,\,/1111''''.1111,11I//
NM..lr
ANO
AOtJII[!;S
r
SALVATORE ARENA
4341 Carlisle Pike Apt. #8-7
Camp l1ill, l'A 17011
W/M/44 DOll: 12/5/54
SSN: 194-60-8835
III' Ul'I'ER..ALLl;N_. 'l'DWNSIIU'._ POI, [CI;-I)/;I' AI!TflENT __n__
f "h-I/II/,-d'-;"'I'III/.'II1"'rl.t~"'1< I f""'I'I"",,'d,III.' /,.,1111' lIf ;111',/'1'1'''''1)
100 GETTYSBURG PIK/; NECIIANICSBU/W, PA /7055
do hcrchy stale:
{'} 119 , II<.'(:USC illt.' ahon.' n;llrlCd dcfclIChllll, wllo lives at (lie addrcs~ sel hlrth ahove or,
-.. 0 11Il'f..'USC all illdi\'idual whose /lame is unknown tn me hut who is descrihcd ;IS
~
IlS^
A K A
..
"
~
[!;
"
\1 Up,per...Ali""l-Townsllip ill Cumbor-lancl__ COllllly Oil or aboul J"nll"ry-25-,--!-999-a~3Cl-ho"n
G I arlici'Jallts werc (illhm' IIWI'I'I"fil'i/,lIl1/I,I,lrllf' 1111'1'11I11111',\ hal'. '1'1'1'llIillg fhl'IIIIIIII'II/III"Il'f'dl'/l'lId,/I/f),
~
o his nicknamc or Jlopular designatioll is 1Il1klh)WII 10 Ille and, thercfore. I have uesignated him herein as John
Doc: with violnling the pellal laws or the COlll1110llwealth or PCl1l1sylvania at 637-Gllmhel='-lancl--Voint-e-Gi-l:"'ele-
f'lIll'.I"flll/lI/'!;/lfiilm,lllIIl)
(2)
SALVATORE ARENA tf0 ' "
The acls collllllilled hy Ihe lIccllsed wcrc: \Y INDIRECI CRUllNAL CONTENPT
The defcndaot did violate an order issued under tlte protection from abuse ac~, 1618
civil 1992 by the Honorable Judge Edward E. Guido, Cumberland County dated Illovember 9,
1998. The Sllllle order was ammended January 22, 1999 at 11301l0urs. Tlte defendant was
enjoined threatening, harassing, or calling the p1antiff, Elisa Arena. The violation
occurred on the above date and time when the defendaut did contact Elisa Arena by
telephone.
all of which were against the peace and dignity or the COllll1lonwealth of Pennsylvania and contrary to the I\cl or. .As~etn.~I}
or in violation of 7.11 ~ and of tile Act or pnn"TU~'rTnN li'RnM ^RT1~~
(SI'ditlll) (SIII/'.\('l't;'lll)
or the
Ordinance or
(1'.IIitiml,"jllh.dlriJiol/)
(3) I ask that a wnrrant of arrest or a SUlTIlIlonS be isslIed and that the accused bc required lo answer the charges
I have made.
(4) I verify that the facts set forth in this complaint lire true and correct to the best of my knowledge or information
and belief. This vcrificatioll is made subjcct 10 the penalties 01' Section 4904 of Ihc Crimes Code (18 POl, C. S,
~ 4904) relating to Ullsworn falsificatioll to authorities.
~Wk~ ;;{ S-
. -" '."
AND NOW, IlII this dalc :;z::;d00
verified, and that there is prohahle cause for
rG .<~"V'/
1931 __4.- ^. ~L/h:,..(JO,
r-~ (SiJ.:I/(/IIIft'(I"('III~I/I/lI1)
. 19 ~_. I ccrri!')' thcpat' , (' . A_as- hcen propcr
issuance uf pmccss.. II .
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CRIMINAL COMPLAINT
(POLICE)
R
--ym
NUMBIR
GaM'RIc:t%STICE
MAGISTERIAL DISTRICT NO. 09-]-05
507 N. York Strect
Mechanlcsburg, Pa. J7055
A -( (' (J ;.: ~ I
COMMONWEALTH OF PENNSYLVANIA
IlII I N"ANl VS,
NAMl
r
Sa1vatoro ARENA
AND . 4341 Carlisle Pike, Apt,
AIJD"lSS Camp Hill, Pa, 17011
B-7
),
William E. S~_flmhw_JL;!J:-J t_~_
(SIIII/I'IIIA/hlllll}
of
Uooer Allen Two. Policc Dcpa~tm~n~_
(/d('1/I1/1" JI'f'IlTtml'fllllr 1(!:I'IICI 1"1.'/1'1'\('/111'./1111,1 J~,ItIJ' 11/ l/I"dll'/\ltII/ }
"SA
A K A
W/M/44 5/12/54
SSN 194-60-8874
do hereby state:
(I) a I aCCllse the above named lIcfcIHJal1l. who lives al the address set forth ahovc Of,
.... 0 I accuse an individual whose name is unknown to me hut who is dcscrihcd <IS
.
.l;
~
"t
~
~
'<
~
is
~
o his nickmlmc or popular designation is unknown 10 me and. lhcrcfnrc. I flave designated him herein tiS John
Doc; with violating the penal laws of Ihe CornnlOnwcahh or Pennsylvania at 637 Cumberland Point
Circle. in Upper Allen Townfihlp (1'Ian'-I'f//ilil'aISllhdi~'i.liol/)
in Cumbcrland County on or about 1814 hrs.. November 5. 1998
Participants were (if/hen' "WI' {'lInidf'Ill/I.I, ('llIn'lhd' flall/t'.1 hl"I', '1'{lI'llIiIlK I/h'llcIlJlt'olllh"l"l' dt'/t'lIdllllf)
(2)
Salvatore ARENA IA\
The acts eommitted by the aeeuscd werc: 0J
Indirect Criminal Contempt
The defendant did violate an Order issued under The Protection from Abuse Act, 1618
Civil 1992, by the Honorable Judge Edward Guido, Cumberland County, dated October 9, 1998,
in which the Defendant was enjoined from harassing, stalking, entering or attempting to
enter Elisa Arena's residence. Thc violation occurred on the above date and time when
the defendant did appear at the residence at 637 Cumberland Point Circle, in Upper
Allen Township.
all of which were against the peace and dignity of the Commonwealth of Pennsylvania and eontrary to the
or in violation or 713 and or the Act or 'P~n"'o","of nn li'rnm A':'tt~o
7 St'Cllo") ( S-:;;;;~{'I'ti/J")
Aet of Assembly,
, ' ':;" ::.;_:!;~~C~
or the'
Ordinance of
(PtllilimISllh.diri.\'irm)
(3) I ask that a warrant or arrest or a summons be issllcd and that the accused be required to answer thc chargcs
I have made_
(4)
I verify that the facts set forth in this complaint are true and correcl to thc bcst of my knowledge or information
and belief. This verification is made subject to the penallies of Section 4904 of the Crimes Code (18 Pa. C. S.
~ 4904) relating to unsworn falsification tol,:uthorities. ~ ~
O(~/na.fS ror
.:#.
0'/e.
"{lluilllllll)
,. ,
.--.
ADDITIONAL COpy. SE
q q- 5191
AFFIDAVIT RIDER CONTAINING PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF ARREST
FOR SALVATORE ARENA
Defendant and Elisa Arena arc ",arrh'd. Elisa Arena left her hushand on/ahout
October 5, 1998, taking her cldldrllll with he>r. One"! of tho!'-w chi.ldnm If> to the defendant.
On OctolH'r 9. 1998. ~lr!i. ArC'n;1 m;ld.. t1ppl1cillion for and w.w grilllll'd, .1 l('mpornry
Protection From Ahuse order. That Ordor (98-579!. Civil) Was sl!(ned hy ,/udi(e Wes Oler for
Judge Edward Guido. As part of that ,,,'der the derendaht Is nut to h'lve any contllct with the
pJaintHf or his "on,who is in her custody. 111e addre';" of tl", plaintiff is ondisclosed.
TIlt' plaintiff is friends with Travl" and Tanya NarRh. Thl".i" known to the def"ndant.
Within the last three wl'eks the defendant has foJ lowed and ,'pproad",d T,mYII Nllr"h. She
belleves that this is belng done in IIn attempt to learn the new residence of hi" wife.
On/ about 1811. hrs on Thurdsday November 5, 1998 the defendant was observed standing
on the sidewalk only n few feet away from the front door of Nrs. Arenn's residence.
The defendant was also observed to pnrk his car in the area n!ul then watch the rear windows
of Nrs. Arena's apartment building. This activity was observed by a neighbor of Mrs.
Arena, who then called the police to report him as a prowler.
The defendant was also observed and spoken to by Travis Marsh as he drove in front of
his wife's apartment upon being discovered by the neighbor.
These acts are in defiance of the first condition of the !',F.A.
--
I verify that the facts set forth in this probable cause are true and correct to the
best of my knowledge or information and belief. Thie verification is made subject
to the penalties of Section 4904 of the Crimes Code (18 Pa, C.S. 4904) relating to
unsworn falsification to authorities.
, 19
<--"
Complainant)
AND NOW, on this ,19, I certify the prObable cause has been properly
completed and verified that that~re is probable cause for issuance of process.
(Magisterial District)
(SEAL)
(Issuing Authority)
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ELISE M. ARENA.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CIJMBERLAND COUNTY, PENNSYLV ANIA
V.
I)S.571)4 CIVIl.
SALVATORE ARENA,
Dcfcl1llanl
CIIARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A 1-IEARING ON CHARGES
OF INDIRECT CRIMINAl. CONTEMPT
Travis N. Gcry, Sr. Assistant District Attorney of Cumberland County,
Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal
Contempt:
I. A Protection from Abuse Order was issued by the Court. A true and correct
copy of the Order is attached.
2. The defendant's violation of this Order is averred in the attached criminal
complaint.
3. The victim requests the filing of an Indirect Criminal Contempt Charge.
4. The District Attorney's Office approves the filing of this criminal complaint.
5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal
Contempt pursuant to 23 Pa.C.S.A, * 6113.
6. The plaintiff and/or the defendant may seck modification of the Order based on
the filing of this petition as the Court deems appropriate following the trial in addition to
any other sentence. 23 Pa.C.S.A. *6113.
WHEREFORE, the Commonwealth requests the defendant be commanded to
appear before the Court on the charge of Indirect Criminal Contempt.
Respectfully submitted,
/
J
~ / /:::;...../J
-<:.,pv..-J /( ,~ "
Travis N, Gery /
Sr. Assistant District Attorney
.
,. li',:1 \t. ,\ I I' '1 il .
l'lil illt r 1'1
I" I'll' "'iI'l'I' "I ""~I~II>'\ I'II'IS
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~:rl. q,\~ ftri'l l'I\'!1 TI'I'.\t
l'I''''IT''TllI'! IIUIII ,III"S'-
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A, _1'\ hCilrifl[! on
V.~d'Lwt..__ ~
C'lImht'rlancl ('ounly
YOI! HAVE HFFN SlJUl It..; ('()lll~T. If .\'(111 W;'~!l It) dl,rL'lld it.l'iiiw..! II"..
(Idim,,> SL't fllrth ill 1111: ftlllllwin,... pap",.,... YI1ll '1111.....1 "ppl.'ill ill 111l'
"",Iring 'ichcdllled l!t'rt'ill. I,. Y{)1l !"dil In tll' -,tl, tht., l.'it""t' lIIil)' f1rtlCl't.'d
i1,!!iliIlSl you ilntl iI FI\'t\L Order 11l<l~\ hI' t'Il!,'rt.'d d.l'dirl....' you ~'rilllt illg tht.'
rt.l il'r rl.qlH......lcd in lhl' Pt.t it iOIl. III p<lrl i"IIJilf, ynu ma..... ht, {'\'ic!t.'d
frlllll your residt.'rJCI' i1fld 111-.t.' I1tlll'r illlflllrtillll lig"'.....
t he Ilia t t L' lis "oL'hl'dull.tf fill I Ill' ._L.f!.~_ day () r
Iq()~L ill 1.:J...,(l p~ Ill. ill {'ourtrtH1111 ~n.~_ rlf the
rourthnll,o...;t'. (',Il'l i....ll'. I'l'llno...;yl\'i1niil.
Yllll 'H'ST Dhey rhe Ollll'1 Ih;t' j.... ,lltitllll.'d Ilnlil II j" modified tlf'
tt'rmil1atl'd hy till' l'ourl ilf't'l fll)tICl' dnd ht'.tlllll!. If Yllll di.....nht.y llli....
nlrll'l. lilt, pol icL' IIlilY arrl"';I Yl)lI. Viell;11 jllll llf 'Iii... Order lI1il." ",I/hjl"_!
Ylltl tl) (I charge Dr illdirl'cl crimil1al COl1lelllpl wllit'IJ i'~ (1(llIi~Il;lhle "y il
filiI.' or lip to $11nOo.no and/or up tn ~~i\ Iftlllllh'-, in j;lil lindeI' 2J
flit.('.~, Y(iI14. V;nlittiOIl H1i1Y i11~il SlIlljl'tl \'(11110 PltlSl'C1llit11l '1l1d
t'rilllill;J/ pl'llo'llti('s lludt'r l!lI' Pt'1111'<'!"illliit ('l'il,ll"~ ('\HIL', f'nder f"vel"!;II
I:I\~. IR I!.S.('. ~:!2(1C;1 lli;s ()rdvl" i" L'llrnl'lv:thIL' il!lywll(~rl' in till' 1;llitvd
St'llt" trihell !;trHI". II,S. T"!l'illlriC",; ;tflll 1111' C't1l11ll10nWI';lllh of PUl'll\)
Rill), If you travel outsidt-' or till: ,<.;l.ttl" ;llltl intentio!lilily vinliltv
lhis f1rdl'rl you l!Iay he slIhjl.'(1 Itl fl~dl.'r;11 criminal proceedings Ilndt'r
thl' ViolL'T1(,(' Again<.,1 Worner! f\l't, lR IT.S,C', Y ~](l1-2262.
YOll SIIOUI.D TAKF TillS PAPFJ~ TO YOJ'R I.AWYFR .IT I>N('E, YOU H/\\iE TIIF
I{' (;11'1' Tn II/IVE A I.A\\,YER RErRI,:sr,:wl' YO!l ,AT Tlif" IIFAJ~ 1 NI" Till': rO!lR'1' WI"
NIlT, I!OWI':VEI{, APPOIWI' A I.AWYFI{ F()I~ YOp, IF YIlI! no 1\0'1' IIAVE A I.AWYEr{
OR {'ANNOT AFFoRn ONI':, GO TO 01' TI':I.FPIHlNI' Till' OFF 1 ('E SET FORTI! I1FLOW :'0
1'1 Nn OIlT WIIERF 1'011 ,',\N GET 1.1";/\1, IIFI.P, 'I' y()" C'/INNOT FINn ,I I.AWYFI~,
1'01' Moll' IIt\VE TO pI{O(TEn WITIIOUT ONE,
("'IfBFR LAND ('()PNTY I1AI{ ,\SS(W 1/1'1" ON
2 1.1 BERTY ,IVI':I\,lE
('t\RI.I SI,F, pFNNSYI.VAN I t\ I en ',1
TI':i,EPII()NF NPMIlEI{: (; 17) ,:.fJ- ,11 GG
^MEllIC^NS 11'1'1'11 IHSMlII.JTII';S ^CT OF 1990
TI1(' ('our! of Conlfnon-6-leas-~~("~IIlI)erl~~~;i.--(~.71-t-;:._-f<~r~qu-ired by law to
comply wiltl the Americans with J)isHhiliti(~'~ Act nf IQQO, ror
information ahout accessihle facilities and reasonahle accommodations
aVAilahle tll disahled individulIls havil1g bU:-iil1ess before the court,
plcdse contact our office. All arrangemenls must be made at lenst 72
hours prior to any hearing or husiness hefore the court. You must
attcrlcj tile sclledulc(l C<1rlfcl"erICe (11- Ilcnr'irlg.
,.... ;"::.~,
I I i '~, I \1, ,\ r t': I; I .
II 1;1 1111 i f I
1\' Till-' ('illJ,'T (1/ I ()\l\fll'" IIII\S
,..... ,
"I, ,'1'\11\11'1 'I~I' ,'''I ~TI ,I'I'\':'YI I"I,~I I
S" I \"il t Dll' .\ /I'/1il .
(I.: rl'lIdilll t
~(), IJH-
" 1\'" TlIIII
I'IU>'/ ""TI()\) IIU'\1 11<1"1
,\/;1' ""S'/'()11I'
T.I,'W"'OR,,IIIY l'IIflTI",'T-'.","_III()\1 '11\1"1 '"II'III
Defendanl 'N Name:
Salvalo,.(, Arena,
Defendilnt's illite of Bi rt h:
5/12154,
ncf(~ndanl '8 Socinl SecLlr i ty NUIIlhcr:
I '14-(',O-1l1l74,
Nc'lmt..'N or all Prolecled Persons, includin1', Plaifllifr (llId minor
I'hild: ',:I;slI M. Arellil.
Mom NOW, I h; s_9T:h tlilY" f Oe I oh" r, I 1)I)Il, II I"'"
cOllsideral ion of the HIIOlcheel PL't ili<HI 1'01' Pr()l(~l.l ion frolll ^hu.sc,
th(~ courl hprehy enters till' f'llllowilll', Tempurary Order:
IBI
I.
nCfelHlc'lnl shall 1101 ahuse, hc'lrHs~i: stalk or lhrealen
allY of I.tw ;tlHlve per~i()nS in any plac(' "~wrl' they might he
fOil nef .
IBI
2. /Jefelldant is evicted illld .xclulled from Ihe plaint ifr's
rcsi(Jcnce 1()catc(1 ;It 4341 ~;Irlislc Ilik(l, ^IJilrlmerlt CS, (~;lmfJ
IIill, Cumherland County, PennsYlvllnia, a rcsidcnce which is
jointly leased hy the part ies, hlll from which Oefendant
voluntari Iy moved, or any other pennancnl or lcmpornry
residence where Plaintirf may live.
P/;Iirlliff is gl'~lr}le(J exclllsive Il(lSSCssi()rl ()f ltlc
rcsideru":c. Defendant. sh;111 have no right or privilegc lo
cnler or he prescnt Oil the premi sex, CXC(~pl for the I imi Lcd
purposc of transfcrring custody of l'll~ parties' child. The
defendant shall relllaill in his vchi(;I(~ at all limes during
lhe I ransfcr or custody.
IlSI
J. l~xccpL f()r SlJcll c()nl;lcl wiltl tile mirlClr ctli '(I ;18 may t)C
permitted under Paragraph 5 of this Order, Defendanl is
prohihited rrom having ANY CONTACT with Plaintiff ILt flny
location, inClUding, hut nol limit.ed, t.o any contact at
Plaintiff's school, husinc,<;s, or plncl' of employmenl.
,
!
,
,
I'
:'
b~
.....
181
Def('fUlil'll IS ~ipl'ciri"Hlly orll"I'('d to stllY IIway from tht.
rollowifll_~ IU('i1liolls fill' lilt' t1unllillJlof lhj~; Ord(ll': lhe
plaint iff's r('sid('II('(' 1(l("IIII'd III '1_141 ("ll'li';II' Pik(',
^pllrlfllt'1I1 r'S, ('Hmp lIill, C'l/lIIhl'l'lilnd ('ollflly, f1t'1I11sylvHllill, 1I
rcsicJ('n("(' which j.; joinlly I(IlIsl'd hy tilt: par-IiI"';, hut from
which n('r"lIdllrll voluntarily 1TI0Vt~d, or 1!fIY olher permanent or
1(~mIHlI'Hry residencl' wfwrc' Plainliff may livC.', l!\(,('p( for the
limited purpose of Iransf('rring (~lJsl.ocly of Ihl' PHft.ips'
child. The dl'fl!JHlafll sll1lll 1't'lllain in his v('hi,'lc al all
t i mp s d It r i n /.~ I he I r illl s r (' r 11 f C'U'" I 0 d y. .
181 4. F,(("l'pl for sllch ('onto'll" with the minor child as may he
permitted under Paragraph 5 of this Order, Defendant shall
not contact Plaintiff hy tclephorl<" or hy 1I11Y olher means,
includinl~ through third pl'r~nns.
r8I 5. Pending the outcome of lbe filial hearing in this
matler, Plaint iff is awarded lemporary cllstody Ill" the
following millor child: Salvatore )-;, Arell" (DOli 1/23/96).
lintil tbe final bearillg, all contact betweell Defelldant
and the child shall be limited to the followillg: "" c:ontact,
The local law cTlfo['ccmcnt agency in the jurisdiction
where the chi Id is located shall eosure that the chi Id is
placed in the care and control of the Plaint i rf in
accordance with the tcrms of this Order.
o (l, /'t,_,r'~'rH!{{nt ~-iha! I inl!!lt.:..!i:ltl'!Y :'l'! j!lqui",/1 th': f,~)t 1 r.l\\'ing
\\'eapO[l~;. tu tll(: Sheriff's Office 0: ~t desigli.:tt'_'cl !ocal law
enfOrCL'IIH.'IlL agt!nc)' for the de j i\'cry to the She!" i rr' s Off iee:
Defcndant i-:.; prohibited frolll possl's-.;ing, triln:-;rf...'rring or
acquil'ing ttTIY otllcr' weapOfl~ [UJ" ttIc duratiorl uf ttlis OJ"der.
7.
The following additional rei ief is granted:
The Cumberland County Sheriff's Department shal I
attempt to make service at plaintiff's request aod without
pre-payment of fees, but service may be accomplished under
/lny appl icable Rule of Civil Procedure.
This Order shall be docketed in the of rice of the
Prothonotary and forwarded tn the Sheriff for service. The
Prothonotary shal I not send a copy of this Order to
Defendant by mai I.
Law enforcement agencies, human service agencies and
school districts shal I not disclose the presence of
Plaintiff and the children in the jurisdiction or district
......."...__,"1........>
OJ' rurfli~h any addre~;:;. telephone !Iumher, or any other
de'IllII:rllphic informat ion ahout the plaint i rr and chi Idren
ex ('cpt hy further order or Court,
This Order shllll remain in effect until modiried 01'
terminated hy the Court IInd can he extended heyond its
orif:inal expiration date if the Court finds that Ilefendant
has committed another act of abuse or hIlS enguged in a
pattern or practice thllt indicates continued risk of harm to
PI a i nt iff,
Defendant is enjoined from damaging or dc~truying any
properly owned jointly hy the Pllrl ies or owned solely hy
P IIJ j nt iff.
()crcndant is to refrain from tl11rassirlg })Iainlifr's
rellltives or the minor chi Idren.
l!SI
8, A certified copy of this Order shall he provided to the
police department where I'laintirr resides and any other
llgCT1CY specified hereafter: Hampden Township Police
Department.
o 9. TillS OI<IJEH SI'PLRSI..IJ!..S 0 :\NY I'I(IOR PFA OIWI.:R ..INIl 0 .\NY
PRIOR ORDER REI.AT I Nr; TO ('IlII.D ('['ST"D)"
l!SI
10. TillS ORIlER APPI.IES IMMEDIATE!.Y TO DEFENDANT AND SIlALL
REMA I N [N EFFI,CT UNT II. MOD [l' I ED OR TERM [NATEIl IlY '1'111 S COURT
AFTER NOTICE AND IlEARING.
NOT I CE TO DEFI,NIJANT
Defendant is hereby flotified that ,-iolatiofl of this Order
may result in arrest for indirect criminal contempt, which is
punishable hy a fine of up to SJ,OOO,OO and/or up to six months
in jail. ~J Pa,C.S. ~6114. Consent of the Plaintiff to
Defendant's return to thL' r'-'sidence shall not invalidate this
Order, which eRn only he changed or modified through the fi ling
of appropriate courL papers for that purpose. 2.1 Pa.C.S. ~61l).
Defendant is further notified that violation of this Order may
~;uhjcct him/her to sLate charges and p~nalties under the
Pennsylvania Crimes Code and Lo federal charges and penalties
Llrl(Jcr the Violence Agllirlst WtlmCn Act, IS ll.S.C. ~6 2261-2262.
Any protection order grant,-,d by a court may be considered in any
subsequent procccdirlgs, includirlg ctli 1(1 custody proceedings,
under title 23 (Domestic Relations) of the Pennsylvania
Consol idated Statutes.
.
:-I(JTI''L 1''' I..\I\' /.':/">lWI,\f/'::-I1' (IHI"/,\1 S
This Ol'dL'r ';ililll Ill' t'llr()ll~.'d ".,. tl]l' p\lli",_,~, \\110 hll\'l'
jUlisdictillrl 0\'('1" tht' l'IHilltir,.,~. l"l.....j(!l-f1Cl' (ll{ ;IIlY locntiorl',
\\Ih~f"C II violation (If (hi", lIrdt,( Ut.'I.:urs f)l~ wtlt'rt. "l'~~ defl'ndallt lIJay
U c I 0 C it lc d . I r d t' r l' 11 d it n t \' i t) I ,I t l", P;I r ;1 g I a p II " I I II r llll g h (i \ 1 f t II i <.;
Order, dcfl'lldant mllY he 'Irrl'~;tl'd Oil tilt..' (-'''al:~l' (If fndirt'l'!
Criminal Contempt. ..\/1 arrt:.....t fill' \'iol;\ljllrl pf 'hi... Ordt.'r 1Il;1.\' hf'
made Witl1lll.ll WlIrri:lrlt. hil~;L'r1 ..,"I..ly on ploh:lhll' C:tII.....I', \'.:flt'lt",!' llr
riot tht' \'i(l!atinr! i... ('f\lllrnittt'd 111 Ihe Pll"';'_'rl('f' fIr 1:1\\
t' n r (l rf: 1.'llll'lI' .
Suh">l'(jll!.'f11 to ;\fl ;lrrL'''t, ,Ill' f"ll\' L'n f(lrC('I1tt'1l I orriet'f" '.;Ii;t!
,-;ei/l' HII Wl'ilpon.... 1I~;f:r1 ill' Ihl't';lteOI_'" ((I Ill' U'-'l'd dllring tht,
\' i (1 11-1 t i (l fI () r I h i <.; () I d I: I () 1,1 rI r, I i rI g P I i t\ I i Ill: i Ii l' II t,~ t\ r (l b u .... t' ,
W('apofl~ HllI<.;l f()rthwitl1 h(' 111.'li\l:rl'd ttl tilt, Shl'riff'" office or
tfll_' C:<"Ullty whic:11 i~stJl'd r.l1i" Orrll'r, whicl1 pfficl: ..;flall IlIclilltilin
POS'il'SSj(lrl of thl' \\'l';IP(lfl"; unt i r fl,'rthl'l" Order (If this ('ourt,
lIrJl,_'~'i the' Wl'Hpt1n/s ;lrl.' L'I'idl'I1Ct' of H criHll', in whil'h C(l<.;t'. lhey
<..;f1:/11 rt.'rrlilil1 with tht' lilW l'"ftlll..l'/IIl'lll ;1~,'('rH') \~hll""l' ofricl'r IlJ;ldl'
t. hl.' a r ["1_'" t ,
flY THE 1.'n{'I':T 1
;cU~4 ~?GL{__~__
i) ~~~I~~\~ ",L J
' "
.Joan Cflrcy
,'\Ilorlley for PIHintifr
S a I " it t n r (, /\ r t: 11(-1
Pro S{'
,. li'.:1 \f, \ !"t'll d ,
111,1 i,l' i,.,.
I\' 1'''' 1"11'11 r (If' "(j\I~,1()\ 1'1,1-':'-"
\'''''.
'>I "1"1111 PI '\~II "'''',''TY,PI<'mSYI.'.'.'\'1I.'\
Sa I 1,.' iI t Ill'" ,'fl' f1il .
nt' fl'tldillJ I
1\(), q:--:
,'I \'11 .'ITH\f
PIWTI "Tlu\: "!WM .'\Ill'S,"
I\Nfl ('(:STuIlY
!'I'TITI"N"~IlI!"IWTI"('TlIl\: FI~()~I .'\IlI:SE
COIINT
1, PIHintiff.... nillllL' I''';: Eli."",t \1. "',"l'na,
, The nallJ(.' of the pcr<.;on, incllJdif1:~ Plaint fr, \\11(1 s('l'ks
protect ion from ahu'-iL' is: F Ii ';,1 \f, Arl'na.
.1. Plailltiff's i1ddres'.; i'-i: undi.~ll(\,,r-'d /O(.'at;Ilf1.
.., nt, f('nd'lrl' is hl'1 it,\, ell t (1
"']41 C"rli...rL, Pike, :\l'arlIll0I1t
Ilt'nllsy I \';trJ!;I.
I i\'(" ill till' rollnwillg arldrl':-;s:
nfl. l'illllP IIi II, l'lIflll,t'rl;lflfl I'PUn!::,
O<.'fl'nd;:lrlt s Stll:iill Secllr;ry \lll11hl'l" 1<.; Iq~-(,O-.S.';:7"'.
De f l' f1 d il n t '-; d il t l' (1 f h i r r h I ',,\ / I ~ /:'.. .
f)L'f'.-rlflant '-i 1'1:1(.'<.' of (,lI1pl(l.\rrt~.'nt t'..; :'/frc.'dl' r'i:.'i1 Inti
f~ i s t () r il II t e ,
5. Defl'odilrJt IS Plaintiff's 111.l'-ihillld,
6, f)cfendant has hl'l.'1l illVO!Vl'd
fiction: telruristic thr(,Ht.~ ;IIlrl
ill tht.' following l'ril1linal
(,I i ,o.;;prdl'f' Iy conduct.
i PIli illt i rf sl'eks lClIljll1r;try clJ'~t(ldy of the fnllowing chi lei:
Name
:;(1 I vatnrC' F. t\rerlil
.o\d<tl'e,,-~
Undisclosed
.!J.i_Lth Da.Les
101/9(,
R. Plaintiff ilTleI [)l'fl'lld:llll ill'l' I Ill' p;lrcllts nf the fOllowing
111 i rJ 0 r chi I d :
Name
Salvatore F, ,\rena
Ad<tl'e.c;l:'
(ind i St' I n"l'd
~gg
2 y(.'ars old
The followin"
rll'lintirf~s reqlle~t
information is provided in support
for Hn Order of child cllstody:
of
COllrt
<t:\._'~ '~;a.
fitl TIll' t'Il1 1./ \\01', h'lI II tltll (If \\l'dl'll L
Ihl
I I",
'h,'
, If.
III I"
\ r t'I\:' '
i., plt",cnll,\'
',.l.!l,) It"'; .It",
I")
r n I
S i Itl (' "i', IJ i r t 11.
I {l\\ i rI,P pt.,. SIlII'~ ,t lid
1111' (IIi
"I ""'
{'" i Id>~,.,I1.HIJIl'
~" 1\ rI t tll (' F,
'\I,'rl,t
"",,-,sollls) .." i ,Id
I,; ved wi I"
!)!;tirlf i rr ;11111 lil,I,.
Hnd .td'mint'
II" ck (, t t (tI;t 11,1..:11 t t' I'"
n r 1'1" i II I i r r I
1'1" i n I i r f
nt, fl'rldilll t, .J dill'
11 nd .r ;1/111 i nl'
!Iackl'l t
1'1" in, i r r ,
Ill' r ('nel;1 r1 t, .J ildt,
il rid .r ;t/lll i tit'
II.. "k','1 ,
I" I 1'1;, i n I
1'(..... i d i I1g ;t t
i rr,
;1 nd
t IIf' Ill() t he!' fl f t Ill' I'll i ! d ,
"lId i s c J (l"l'd IllC I' i 1111 .
I', l'Ur!'l:nt Iy
(',' ,\ ,h,' i.... roil" r i ed,
'"
...1
tilt, , II .1 \101,\' II r
,Ill l' r III I ',' I, I .~ I" I
1'1.. i "I i r r
Itll i(f illll.
I 1 I II;"~ I l", i Ill' 1 I \\ i t II
fllllll\\ill,l' ddd't""'l"~:
till'
All,I't,,,....
111111 ;,.1111';(.'11
\V"," "
I fI/(,/'IS
III
f)l-t'''''_'II(
,Il~ I """., i....ll. Pi kt, 12/"-
:\Pdl 'HtV II t f' 5 tn
('ilmp IIi , I 11:\ IO/Ii/"S
,ll~ I f'q,. I i '-'Il' Pik'. I ~;CJ ~
-"p.11 1llll..'Ilt n- In
('.lm!1 IIi I I 1''\ I ., If)-
- ,
(fl Plaintiff currently f'L,,-,j'lt,,, wil.l] tIll' fOllowing !ll'I''-'UII''':
~amg
Sill vator!.' F. '\rena
.I"d" -\. ""eket t
liI//Hint' f~. Ifackett
KtJJ!.LD)IL~Jlj p
Son
nHugh t l' r
D""gh Lc' I'
(g) lJefc'nrlo1nt ,he r"ther or th" "hi Id,
rl:siclillg at 4341 ('arlisle Pikl~, :\piirtrnc'nt
('umla: r IlInd rOllrl ty 1 PL'rlflSY I Vr!n i H.
(h) lie IS marrier!,
ioc-; currently
116, ('amp If i , ,
(il Ilt,r""rI"flt t'lIrrc'fllly r('sid"s willi tho: f'ollowing person,
~,~url~
r.ll i g i 1\ T'('n;)
!~c III tiJ)~"!J~.iJ!
Nephew
(j) Plaintiff h"s not previously parti"ipated in any
litigation concerning custody of llle ahove mentioned child
i nth i s 0 ran y () [ he]' ro 1I r t ,
(k) PI"illlifl lid" liP ~,IHI\\II'll.l'{' p" ,lrI.\
l.(llll"t'l'/Iirq' 'hi-, (hild )I,'ndlll," h,'ftlll'"
III lit, I j III' i ...t Ii ('! i \ 1 rl ,
\Ij'~!,ndy PIIICI'I'llill,!','"
I pili 1 i II I hi... 01 ;111."
f I J 1>1,'lill! i rr Illlt'" "111
,lIt itllJ wllt1 ili.', 1'11.\" i C ,.1
hil\'t' C'lI', t ndy III \' i., i! II
,",'Ill\\' :IIlY 1'I'I'~tlll !lll! ;t poll I) tl.'.. llli'~
'lI',ltldy II" lilt, I hi lei \II t I:tilll..... Iq
iOIl li}'.ftl'~ ....it" Ij:....pI..'ct tn tilt: l.ilild.
(Ill) Tilt' ht".;1 illl t'I't'...,.... illlll pt'rllliUH'II1 '\'1' I ("iln' Ill' tilt, IIIillOI'
chi III wi II ht' !Ill". i r tll....llld.' ,.... t..'rnpo!':Hi Iy grillltl'd tl'
Plilifll iff (It',,dil1~' d h'.'i1r In,l' ill Ihi'" !lliltl,,!" fill' I"t.:I....I1/......
including:
(I) PI:lil1lirr I',.. I'l'Sflllll....ihlt.: part'nt wl1\1 !l".... pr,'\'idt:d
ror tht' ~lIIoti(lnill <Inti physicill 111,<.'11.... of till' child "iincL'
hi.... hirtll. :Ind who ('ilTl hl'~t td~.l' C.'lr(' ill' lht, rninn,
,h i I d.
( ~)
hl'
('hi
De rendiHIt ha.... '.;ho\\1I
j"i !lol 111 itPP"olll' j d l t'
1.1 .
h Y hi.... ;1 h II ~ I: (l I' Pl;1 i It t if,.
roll' !IInd'.'I for I lit' lIIill'r
(1) Ill' r l' fld ;111 t
fure. ihly I't'rnnvl'
t n r t a I y WIll'll'
!J;I.... thr('itt':lll'd 1111 "d'\'t.'ri~l tlt:c;t....jl)Il'.. II:
thl' ,hil" frow till' plililllirr IInd I~ltlrn
1l10S l l) I' 11 i.... r:tl1l i I y rt..... i elf'''i,
fJ,
PI.I
Till' following olht,J' minor
"t i r r :
c'il i I d ["l'TI
prt..' "it'TI t I Y
Ii Vl' ,\ i I 11
Nn.!!!~
Jad~ l'IHck(> t t
.fa/mint' lIackel t
PI a..lD.l.t L[ ~.~_Le_Lu_LJ..!!fl~~JI..i p
J..!?~ .~t.ljJ.(J..!:(l!l
~llll Ill' r
,\10 llll' ["
~gg
4 yenr... (Jld
4. years old
10, The facls of tht: most f'1'CI'111 incident or :lhllSl' are as
1'0 1111W-';:
On or about Octoher ~, ICJGS, ttlt dl,rerldi-lllt hecilll1e
'1ngry, scrl'illllcd in the plilintirr's fact., pUllched the roof or
the Cilr, and threatened tn kill the plaintiff', father. ,-he
defendant poundl'd on thl~ window of the e:lr, threatened to
k i I I I. he p I a i n I. ; f f " lilt> the r, and t h re' a t (' n ,. d to kill t h (.
plaintiff several times saying that 11L' would kick down the
door :tnel kill her and saying that he would ('ilher shool l1l'r
or slit her throill cl.lllsing the plllintiff to fear for hL';
lire and the I ives of hl'r r"",; Iy.
II, nt'rcndant has cOlllmilted
against Plaintiff:
hl' following prior ael.s of ahuse
a, In or abolll tile
defendant screamed at
l'vl'ning or October 4, lq98, the
thl' plaintiff', minor daughter
CitllS i ng
~':'.'" - ~::;;,:':~""~
t";lt
11I'f" It I fl'dr. 1111'1-'\\ ;f pi IltlW ;11 tht. pl;dn' iff fllld I ill' minor
('hi Id, ;llId illl irrtirl;llt'd '''''/11 h,'" ftlll(}wiJll', thl'lII. TIIf'
fh.fl'nd;1I11 ~" rC';II11l'd 011 Iht. pl..illl iff, flt}inll'd hi... fin!'t., <It
lit'" dlld 1I'I't'dl"llt." 111.,1 if '.hl' It'ft hilll. hl' w(luld PilY
'-otllltt.tIlH' 'tl he:1 t ht'l '.1'.
h. III III ;dltltJ( lilt. ilflvr"t'tll! of Octohl'" ~, plClg. '-lflel' I ill'
plililltiff il'-.kt'd tht. deft'lId.III' to It'ilVt' 'ht' rt......idc,llt't.. hc'
ht'C;lrHl' ;llIgr.,', ripPt'd tl1(' pl;lilll iff's r!('ckl;ICl' off of her
fl('C~~. 1'1/IIL'ff Ill''' tit'!' l'ill'ri"p~" illltl gl'f111tlt'{1 Ill"" jl'\~l'l,.y frlJIII
hl'r jt'wl'lry ho\ cilusing Ill'" ttl fV;lr fOI ht'l" ....afl.,.\..
Co. On sl'\"l'l'oIl ll(,l'il~j(lrl"'" in SepfL'lIIht~r ;llld (){'tohc~r of !(J<)S,
the clL.fl'IHlant ht'call1(' Hll.l'I"..... with thl' children, refusvd tll
a 110\\' tht.' pJitinliff',"> minor drtll~~hlc'rs to 1(':1\"(.' tlll'!f" f"OOIWi
"t fl i g h t, f () r c (, tI t 11 l' III i fill f" .~ n r\ t tl .... It. t. p wit h t tll.' p J ;1 i III iff
rind dl'fl.'lld;lnt. .'llId thell '">1<lpPt.'d hilll :ICI"US.... tile filCl' when hp
illildvt'rtt'rll. I." di'">tllrhl'd tht' dl.fL'ndilnt .~~ '-ill'i'p.
II. '11 0 I" :\ !lflUI
1'1;';111 i rr "y I ill'
hdlhruh.
,.\upu ~ I
, II I'D,. l
1 qq:-~. I ht. d{.ft'nd:Jrll gl".lhht'l! t 11('
('IHl~l'd lle'l'. iIlJd Il1rL'\\ her into
l' . n 11 '~ I' "t' , ; I I (l C C t\'~ i (' II " f I,) III I q t J(i t 11 , e) II .~ h till" P I" t.' '"> l' /I t. the
dl'rl~lld;lrll il;I~; llJrl';ltl'r1ed In "lln itrl n,rlt dnd titkL' lhL' minor
.....011. ThL' dl'rl'/Id:'llt further thrl.;ttent'd to t[lI\l' thL' IllillOJ" SOil
to ft;II.,', wile I" c.' most of l1i.... f:llllily rt''-iid(.s. -;n that the
p 1 ;1 ! n t i f r wi I 1 fll' V e r '.; L' c' h; III ;, g;\ i 1\ .
f. fn or IIhnlll thc' SUlIlIllL'r of ]C)q-:'l fht' dc'fl'ndillll hL'l..'illl1L'
nngry, kicked the balhroom IIno!" L'nu'-iing il th)/e1 shn\'ccl the
plnintiff into the hathtuh \\'11l.'I"(.' thL' childrl'n Wl'rl' hdthing,
alld lhr('ill.elled to Ilit the 1'1;';111 i rr so llill-d that the hloorl
would COllie nut causing her to fear for her safety.
g. ()n Ill' abtlut VIII('nliTll''"> nil.\' IQ07, the I!(.fendc:tllt ripped
the plailltiff', lIecklace "ff- "f' her neck, pulled he,'
l~Hrrings {Jut of lil~r ear..... tllld pointed fI knife ,It ill'r chest
when ....he telephoned her father for help.
h. ()n sever;:ll occasions ill thl' pa"..;;t fuur years, the
dt:renditnt l1rls ilhuscd the plaintiff in WHYS inClUding, hut
out limitl'd to, the fOlltl\l,'ing: pushed and ;-.hCI\'cd her;
kicked (11101 Chllkl.'d her hit w;:llls ii/HI threw nhject.... at hel',
rind lhreritl'nc'c! In kill hL'r 11('1' family, (lnd '-i('veraJ others.
/2. The fOllowing police cJcpnrtrrtl'llt or law cnforcement agency in
till' area in which Plaintiff liVt." slj;)uld he provided with it copy
of tile Protecti<HI Order: Hampden Township Police Depilrtlllent.
lit.,
11.
r I tlfll
rhl'rt' i.... illl j'llllH'di II"
till' Jll'ft'nddlll.
,In" pi I.."'l'll'
dilll)".' I
..t
rill t ht. I
,'J1111.,t'
1.1. Plailltiff i., :1.'",~III,1' rlH.' "11111 III ,'\'jl'l Illd l'x('lud,. 'ht,
Ilt'fl'lldillll frolll till' 1'1".idt'/lt't' ." ~1.t1 ("llli',!t. I'ilo".(', l\p.IIIJllI'lIl (',r;,
'-'amp IIi II whieh j" /'vnlt'd hy ""linl iff l'I'd f1t'fl'lId'llIl, 1'1'0111 \\lIich
IIC'fl'ndilllt vtllufI!;trily IlltH'l'd Illll or nil (h'IIl!'!'! ' IqQR.
WIIFln--rOHF,
TI-"IPnl~,\I~\' OIWFR,
TIIF F()I lOl\'l ,-;r.:
PIAI'ITIFF "Fi,lIq'Srs lIf.\T '1'111
.\'-;1) ,\FTI J~ J""..\I~ I Nr., ..\ FIN."
('(II'IIT 1'/l:TFH ..\
()""IT THAT Wnl'lll Il0
'\. ,,'l'slr;lin Ikrt'nd;lnt frplIl :thlJ....illl~. '''rt'.ll''fling,
halilssillg. Dr ....tdlkllll! PI"intirr ill ;lllY p':lt'l~ \\.IIl'rt:
Plainl iff IlI;t.\' Ill' flHlnd.
n. Fvicl ilnd l'\I"lud<..'
flllel prohihit I1l'ft'lIditllt
t l'mpo ril r y 0 r pt. I"IILtrll' nl
n l' fl' n d a III ,. r (l iii P I it i II ( iff',~ r l'" j de rlt.'l'
frlHII ilttl'lIIpl ill.!;. ttl t'nlL'r dn)'
rl......idc!lCl' of tilt. Pldillt iff.
(' ,.\\\<\ I'd P I it i II (
;llld plllel' tht' fIll
Pl'ft'nd;llIt ,tlld I'hi
ifr l<<"'I'''l'il''Y CI"'("I.,
Illl\illP rl.'slril'tinr\o.., 111
I d: I1P t'orll ;lel
of" tIlL' "lintlr l.hild
\"11/11;I("t 11l'II',"'\.'/I
n. Prohihit Dl'fendant frt'lIl hil\.iIlJ.! any ("onl;l('t Wilh
P I a i "t iff, L' i t Ii l' r I II P l' r s n n, h Y I l' It. p h t HI t., (\ rill W J" i t i Ii g .
peT''-;IlIl!\lly or throllgh third per<.;on,,,,, irtcll,lIling. hut rlllt
linlit!.';) to, i1tly cllntact ;It Plaintiff..... sl'llIlnl. hll"irH'<;';. 01
plill'I,' of L'mp I OYl1ll'F) I t':.'I'(~P'- ;I.... ttll' ('Olll! Illil.\. filld Ilt-t"t'"",,!,).'
wilh rl....pect to p;lrli;tl l'tJslody IrHI/oJ' vio.;italil)ll \I,'jlh the
rlllrHlr child.
F, Prohihit Deft'ndrtfll from having any contact with
Plaintiff's I"l'l{ltivl's ilnd Plaintiff's chilclrvn listell
thi" PetititHI, l"Cl'pt as the court fIlay filld necessary
rL'Spl'ct to parti;tl l'ust.ucly and/or \.'j~itllli{ln wilh tht:
eh i I d.
ill
wi l. II
minor
F. Order Defl'l1dal1l to pay the cost..; of ttlis actinll~
inclUding filing, SL'rViCl' fce~, ilnd surcharge of $2).00.
G. Order ncferldrtllt III pay $250.nO to I'l.illlhursc onL' of
Legal Services, Inc s funding source for the cust or
lili~"tion in lllis """e.
H, Order thl' fllllowing addilion;11 relief, not listed
i1hOVl' :
H. The dl.fl'!Hlant is ~njoiflt~d frulll damaging or
destroying any prnperty owned jointly hy the partil:s or
owned "olely by the plainl irr.
\'1'~ "." ('.\'1' I (l';
\ (" I f.\ I hi. I
;1111 llll' pcl it iOlll'l" a'~ dl'siJ..!Il'lIL'cJ in the
pll.....t.rtf ;I('l-illfl ;llld 111;11 thl' Inet... and ...tdll'lIJl'lIls l'ofltaifll'c1 in the
i1hll\t' Petition ,Ire trill' illlll l'prrl'cl tn lilt. "l~,....t of my kno\'dedge.
lllldl'r-.;I,llld tholt illlY "itl~l' '~lilll'rnl'llt..... art' lllildl' ....Uhj(.l't III the
IH~ 11 d I f i l'S {} r 1 S I'if. (' . .~~, ~ -l (HI.J. r l' I fI till g I (I 1I fI S WI) r n r a I <.; i f j l'1t t i (1 n
10 Illl t hnr i t i L.....
nil Il''': "JQ/J)4~_
se0)A 1n, ai11-~
F , i "II \1. ,.\ ,-""", I' I " i " , if,.
" , i ";1 \f, \ I ,'11:1 ,
"I d i 111 i , f
" 1/11 ,'Il"'n "' "Il\f\fll' "~I ',IS
\ "'.
,,' ," \111/ 1""1' """';1'1', "~I ,"SI'I 1"\,"1
\'/1 "....: '\ ""1": I 1\ 1 L '1/'1-'\1
~;d f \' d I,,', (' \ I' l' 11... ,
nt, r('ndlllll
p'~(n' 1"( If)'~ "'~(j\l \HI'Sf'
,I,'" ""STOll\'
OIWFlI FOil ('ON.,. r NlJANCE
~yJ\dol-'
.."fl \;o\\"
f 11 i '.;
1I" fill nile r
1 'Fl:..; .
IJPi1rl \'lllh id"lill ion
of Ihc' ""I,,'h...d \101 ioo f"" ('''"I ;"""",.." "It' "'0111..., "'h,-'dul':d f",.
IJt""illg ""\fo'JtI;,-" 1)';loh", ''I, ''1'1,S, ,II 1,1IJ P,II!.. h-, 'his
C'lIlJrt',.. ()rd('r or (j"!llhl'l q
I q q '\" I" h t' r l' h Y r 1_'" t' h '.' d It It'd r n ,
hl"" ill)! 0" """d"_,, '''''''''''''' "1, 1'1'1:':, ,,' I: l/l P,P', ill "0'" / '00'"
J\'ll
"
Th;" II, ./," ", "" ,," "~,I II; I h,,", I' ,,' jlId i ,'" 10 "i, h,', I'd' 1_'
! (J reqllt'" 1 ;1 ht';11' i IIg,
T h l' T '-' m I' 0' " ,. -' I' ,." I "I' ,,," ,. 'I ./,' I ,h" 1 I "" "' dill i II I' f fIT r 0 I
(lll(' yea r 11 r tI fl 1 i' Hind i r i eel PI' t t' 1'111 i lIiI t t'" by I lit' COli I
1'hl" rum'"'III''''' "ou'''-' Sh<:rirr', fl<:l'lIrlm<:lIt sh,,11 IIttelllpt 10
IIIl1ke ,c'lvice III thl' I'I"ill'irr', r"'1'Jt"" 1111" without 1',-e-I'IIY'"<:lIl
of fees, but 'e,'vice 1111'-, h" ''''('ollll'li,''<:" ullrlc'r allY "1'l'lical>le
rule of ("jvi
Procedure,
1'hi', ()rrler sh,," he rlOl'kt'le" ill the office of Ih"
ProthonotarY.'I/Jt/ forw"rrled '0 I Ill' Shl',-iff f'>I service, The
PrnthOIJOlrlry...11111
not '~t'I}!1 ;t copy or this Order to the' c!l.'fcndilfll
by ilia i I .
(3) I ask that a warrant
I have made.
(POUtk41 Sub.divisIon)
of arrest or a summons be issued and that the ace\l$cd be req\lired to answer the charges
!
I
(4) I veriry that Ihe facts set forth in this complaint are uue and COIICx;t 10 tbe best or iny kl).owledgc or infonitation
and belief. This verification is made subject to the p<nalties of Section 4904 of the Crimes Code (l g Pa! C. S.
f 4904) relating to unsworn ralsification 10 authorities; '.
,19_
'.
(SitllOll/ft ofCompWncnJ)
AND NOW. on this date , 19 _, I certify the complainl hIlS boen properly completed and
w.....:rJ....1 ....... ."'... ............ ;.. .....^ho:lhlpo r':lll~' f"nr ''''''lI",nr.r. nf nrocc"~ .
II~-I~;JO (:).,.::,0.1'1
I ",VI"
..
l\frJDAVI~ RIDER CONTAINIIIC PilOIlADLE CAOSE FOR TH~: ISSUANCJ! at. A WARRANT OP ARREST
fQR SALVATORP. ARENA
Dc!cmlallL ""~ llUsa Aeona are lnarrJ.ed. Eli., Arenn lull her husband un/about
Octobur 5. 1998. Laking hur children w1th her. One o! those children h to the defendant,
Ou October 9, 1998. MrG, Arena t:l,de application for and was 8rant"d. a ,temporary
Protection From Abuae order, That Order (98-5794 <<ivl1) ""O nigncd by Judgo Wcn 01er for
Judae Edward Guido. As part ot that order the defendnllt 1s not to havo any contact \lith the
'.. "
plaintiff or hi. .o~who is in her custody. The addre~9 ot the plaintiff 1s undisclosed.
Thl! plaintiff is friends \l1th Travis a:>d Tanya M:luh. This is known to thl! d"fendant.
within the last three weeks the dl!fendant ha~,followed and approached Tanya Marsh. She l
believes that this i. baine done in an attempt to learn, the nCW re.idence of his 'wifl!.
On} about 1814 hrs on Thurd.day 1I0vember 5, 1998 the defendant ,was observ~ ,standing
on the sidewalk only a few'feet away from the front door of Mrs. Arena's residence.
'Ihe. dQf'lnd~nt waG also obsQrvQd to par,k his car in thQ. arQ.ll ~d tll1~n waeeh thQ. rCilar viadow~
of Mrs. .Arena's apart"",nt building'. This activity ~a' obser\(~ by a ll.eighbor of ~s.
ArenA. who thgn callQd thQ policQ to rQPo~t him as a prowler.
Tho defendant vaG u1GO obocrvcd and spoken to by. Travis Harsh 43 he drove in front of
his wifo'o-aportmcnt, upon boing d1ocovered by the neighbor.
Theae Bcts arc in defi~ce of the first condition of the P.F.A.
-'
I verify that the fantn set forth in tbis probable c,,~e axe true ..ad =oct to tho
best ot my l<nowJ.cdgc or 1nJ:ormation lUl<1 ba1.let: :this vor1t1cation 18 _CIa IIllbjeot
to the penalties of Section 4904 ot the crimes Code (18 Pa, C.S. 4904) relating to
unsworn fa1s1fication to authorities.
19
AND NOW, on this
completed ~d verified
(Signature of Complainant)
. j19-,--, I cartitr tbe probablo caW30 haa boon properly
that that there is probable cause for issuance of process.
(SEAIt)
(Ma9isteria1 Oistric~
(Issuing Authorl~l
-::.~ .._~
... .
AI YOll knoW. tho plllndfrbu fUed IIIplIdlaa qaIDIl you IIIIClettbe l'IoIeCtlon Prom
. Abuse Act and hu oblIIned I Temporary ProIeClIan Order, 'lbo plalndfr II psepued to have
I hclrinl held In onIer to obtain I final ProlllCllon Order effective Cor one (1) yar,
AI an Ilterllltlfe. )'OU DII)' coIIIIIIt to the eDlr1 01 tile flIII1 Protedloo Order to be
ID eO'ect for ODe year. 1I)'OlI are wWlD& to coDlllll you ahould caB Legal Senlcel. 1Dc,ID
CarIIIle It 243-9400. 766-8475 from the West Shun or ~ [rom Shll'~' lUIlI
uk to apeak to theatalf penDD h.ndllt'll the _ about . c-t Apeemeat.
1be Consent Apeementlhould be prepmd before the time lCheduled Cor the hearing 10
the Court will know ahead of dme that the cue will not be contested. In aome cues. reprdless
of whether a selIIement by Consent Agreement has been RaChcd. die paI1les mUlt appear In
.court at the time scheduled for hearing. If tho cue Is uncontested, the court appearance will be
. brief. The judge will make llUre the putles understand the ConIeIIt Agreement IIIId fIna1
If you do not agRO to the entry of the fIna1 Protec:don Order. a contested hearing will
. lake place at the scheduled dme. When a fI11al Prott:ctlon Order Is entered. it wl\l be sent or
I.','
alven to you, the plalndfr, IIIId the appropriIIll pollee departments. II you fall to ablcle by the .
;::I;=';-=:::'::::-:~ '~:~ii~i~f~t't~'
case goes to hearing li/Id the judge grants . Prott:ctlon Order. a sun:harge.O( S2S,OO:i.?,\/W<';iC"
,:' .'. ..' . ,,' _ . .'-,. '.. ,:.,:".,,_' .,:::::.:,;':':'.~~;::~::'::;~,:::;~i:-t,~iTi?;')~~'.;~:~'~:.~
you. You may also be required to pay attoiney. fees to Legal Si:rVlCes"~i,i;;'L{."
. . oftheplalndff. . . ... .....................>iJi,;~jS~f;~l~~~~;
. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYEIlAT ON<=E.,;J1lWOU::{2
':'" .~:'." '.' .... - __ .'::,'::,:,"'::,'~." .f::':'>:-.\:'I;_:}::A~~~~(\*'l:Jf;{\
DO NOTJIA VE A LAWYER OR CANNOt.AFFORDONE,GO TO OR'TELEPHOfoiE'
'" ":",', '. _ . . _.', :" ::_,,_ _",,:.::,',:,':~:}.,;',:_:;'_::':;',:~~'~;:-;}.\:;lryf.~~' '
~~SErroam BUDW ro...."", ~~~'~0'>
COURT ADMINISTRATOR. 4th FJ..()QR..
CUMBERLAND COUNTY COUR11IOUSB.
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200 ". . '..
.' ~
,','
. . ..~'/
EI isn M. Arenn,
Plnint irf
IN THE CO~RT OF COMMON PLEAS
vs.
OF c:u~mERLANlJ COUNTY, PENNSYLVAN1.~
Snlvutore Arena,
Defendant
NO, 9R-S1Ci'-\ CIVIL TERM
PROTECTION FROM ADUSE
AND CUSTODY
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth In the foJ lOwing papers, .PH.. :,,:.;~t a~pe.:11 at the
hearing scheduled herein, If you fail to do so, the case may proceed
against you and Il FINAL Order may be entered against you granting the
rei ief requested in the Petition. In particular, you may be evicted
from your residence and lose other important rights,
A hearing on
Oc.J--o~ ,
Cumberland County
the matter is scheduled for the
1998, at \ ~"'() \? m., in COllrtroom
Courthouse, Carlisle, Pennsylvania,
IC1 f"
No.
day of
S- of the
You MUST obey the Order that is attached until it is modified or
terminated by the court arter notice and hearing. If you disobey this
Order, the pol ice may arrest you, Violat ion 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. g6114, Violation may also subject you to prosecution and
criminal penalties under the Pennsylvania Crimes Code. Under federal
law, 18 U,S.C, g2265, this Order is enforcenble 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,r, g 2261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAliE THE
RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING, THE COURT WILL
NOT, 1I0WEVER, APPOINT A LAWYER FOR YOU, IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFn CE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT FIND A LAWYER,
YOU MAY HAVE TO PROCEED WITHOUT ONE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBEF: (717) 249-3 166
AMERICANS WITII DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to
comply with the Americans with Disabi I ities Act of 1990, For
information about accessihle faci 1 ities and reasonahle accommodations
avai lable to disahled 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 he fore the court. You must
attend the scheduled conference or hearing,
ElislI~. Arenll,
1'111 in I iff
IN TilE rOlJHT OF COMMON PI.EAS
OF C{'~llIERI.:\~D Cm;t'lT\', I'Etl:t'lS\'I.VAt'l1 A
vs.
NO, qR-
CIVIl. TERM
Sftlvlltore Arena,
Defendllnl
PROTECTION FROM ADlJSE
AND CUSTODY
TEMPORARY PROTErTION FROM ABIJSE ORDER
Derendant's Name: Salvatore Arena.
Derendant's Date or Birth: 5/12/54,
Defendant's Social Security Number: 194-60-8874.
Names of all Protected Persons, including Plaintiff and minor
chi Id: EI isa M. Arena.
C;t'--
AND NOW, this \ day of October, 1998, upon
consideration of the attached Petition ror Protection from Abuse,
the court hereby enters the following Temporary Order:
a 1, Derendant shal I not abuse, harass, stalk or threaten
any of the above persons in any place where they might be
found.
a 2. Defendant is evicted and excluded from the plaintiff's
residence located at 4341 Carlisle Pike, Apartment C5, Camp
lIill, Cumberland County, Pennsylvania, a residence which is
jointly leased by the parties, but ~rom wh;~h Defendant
voluntarily moved, or any other permanent or temporary
residence where Plaintiff may live.
Plaintiff is granted exclusive possossion of the
residence. Defendant shall have no right or privilege to
enter or be present on the premises, except for the limited
purpose of transferring custody or the parties' child. The
defendant shall remain in his vehicle at all times during
the transfer of custody.
a 3. Except for such contact with the minor child as may be
permitted under Paragraph 5 of this Order, Defendant is
prohibited from having ANY CONTACT with Plaintiff at any
location, including, hut not limited, to any contact at
Plaintifr's school, husiness, or place of employment.
~ ''"'-~.~
..,...._...
Defendllnt is speci ficlllly (Hllered to stllY IIWIlY from the
following locllt ions ror the (lurlll ion of this Onler: the
plllintiff's residell('e loellted III 4:141 Cllrlisle Pike,
^pllrlmenl c5, Cllml' IIi II, (~u",herlllnd County, Pennsylvllnill, II
residenc,' which i... jointly lells,,,1 hy the pllrl ies, hut rrom
which Defendllnt voluntllri Iy moved, or IIny other permllnent or
temporllry residence where Plllintirf may live, except for the
I imited purpose or trllnsrerring custody of the Pllrties'
chi Id, The defendllnt sl1l1l1 remllin in his vehicle lit all
times during the trllnsfer of custody,.
181 4. Except for such contact with the minor child a5 mllY be
permitted under Paragraph 5 or this Order, Defendant shall
not contnct Plaintifr by telephone or by IIny other means,
including through third persons.
181 5. Pending the outcome of the final hearing in this
matter, Plaintirr is awarded temporary custody of the
following minor child: Salvatore E. Arena (DOn 1/23/96).
Until the final hearing, all contact between Defendant
and the child shall be limited to the following: no contact.
The local law enforcement agency in the jurisdiction
where the child is located shall ensure that the child is
placed in the care and control or the Plaintiff in
accordance with the terms of this Order.
o 6, Defendant shall immediately re I inquish the following
weapons to the Sheriff's Office or a designated local law
enforcement agency for the delivery to the Sheriff's Office:
Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this Order.
181
7.
The following additional relief is granted:
The Cumberland County Sheriff's Department shall
attempt to make service at plaintiff's request and without
pre-payment of fees, but service may be accomplished under
any applicable Rule of Civil Procedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sherifr for service. The
Prothonotary shall not send a copy of this Order to
Defendant by mail.
Law enforcement agencies, human service agencies and
school districts shall not disclose the presence of
Plaintiff and the children in the jurisdiction or district
or rurnish any addrcss, tclephone number, or any othcr
demographic informat ion about the plaint i ff und chi Idren
eXcept by further Order or Court.
This Ordcr shall remain in effect until modiried or
terminuted by the Court und can be extcnded beyond its
original expiration dutc if the Court finds that Defendant
has committed unother act of ubuse or has engaged in a
pattern or practice that indicates continued risk of harm to
Plaintiff.
Defendant is enjoined rrom damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
Defendant is to refrain from harassing Plaintiff's
relatives or the minor children.
a
8. 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
Depar tmen t .
o
9, THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY
PRIOR ORDER RELATING TO CHILD CUSTODY
a
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT
AFTER NOTICE AND HEARING.
NOTICE TO DEFENDANT
Defendant is hereby 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 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 l),S.C. ~~ 2261-2262.
Any protection order granted by a court may be considered in any
subsequent proceedings, inclUding child custody proceedings,
under title 23 (Domestic Relations) of the PennsYlvania
Consolidated Statutes.
NOTICE TO LAW ENf{)RCE~ENT OFFICL~LS
This Order shall be enforced by the pol ice who hll\'e
jurisdiction o\'er the plaintiff's residence OR an)' localions
where a violllt ion of this order occurs OR where the defendant may
be located, If derendllnt violates Paragrnphs I through 6 of this
Order, defendant may be arresled on the charge of Indirect
Criminal Contempt. An arrest for violntion of this Order may be
made without warrant, based solely on prohahle cause, whether or
not the violnt ion is commi tted in the preseace of law
enf'.lfCernenl.
Subsequent to an arrest, the law enforcement officer shal I
seize all weapons used or threatened to he 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 count)' which issued this Order, which office shal I maintain
po~~cssion of the weapons until furthEr Order of this Court,
unless lhe weapon/s are evidence of a crime, in which case, they
shall remuin with the law enforcement agency whose officer made
the arrest,
BY THE COURT,
Joan Carey
Attorney for Plaintiff
hl ~U(~~L~~ O~~ ,Cf ~
C.l.....v1.V\.cl t. ~)r"clu
Salvatore Arenu
Pro Se
TRUE COpy FROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said Cou at Carlisle, h.
This ,tJ.. day 01 ,f - 19 9t
..! Ci.. "
.2:Jfi15,. Prothonotary
(k) Plaintiff ha~ no knowll'dgc of /ln)' custody procccdings
concerning this child pending Ill'fon! It court in this or Hny
()tllL'" juris(lict ion.
(I) Plaint i ff docs not know an)' pl'rSlln nllt a party to this
action who has physical custody of the chi Id or claims to
have custody or visitation rights with respl'ct to the child,
(10) Thc hest interests /lnd permanent We I fare of the minor
chi IrI wi II be met if custody is temporari Iy granted to
Plaintiff pending a hearing in this matter for rensons
iilcluding:
(I) Plaintiff is n responsiblc parent who hns provided
for the emotional and physical needs of the child since
his birth, and wllO can best take care of the minor
ch i Id.
(2) Defendant has shown by his abuse of Plaintiff that
he is not an appropriate role model for the minor
ch i I d,
(3) Defendant has threatened on several occasions to
forcihly remove the child rrom the plaintifr and return
to rtaly where most of his family resides.
9, The following other minor chi Idren present Iy I ive with
Plnint if[:
Name
Jade Hackett
Jazmine Hackett
.!lliQ
4 years old
4 years old
Plaintiff's relationshio
to chi Idren
Mo t he I'
Mother
10. The facts of the most recent incident of abuse are as
fo! lows:
On or about October S, 1998, the defendant became
angry, screamed in the plaintiff's face, punched the roof or
the car, and threatened to ki 11 the plaintiff's father. The
defendant pounded on the window of the car, threatened to
kil I the plaintiff's mother, and threatened to kill the
plaintiff several times saying that he would kick down the
door and ki II her and saying that he would either shoot her
or sl it her throat causing the plaintifr to fear for her
life and the lives of her family.
11. Defendant has committed the following prior ncts of ahuse
against Plaintiff:
a, In or about the evening of October 4, 1998, the
defendant screamed at the plaintiff's minor daughter causing
her to fellI', threw II pi "ow lit thl' plllint iff nnd the minor
child, IInd intimidllted them hy fo""wing them, The
defendllnt screllmed lit the plllintiff, pointed his finger nt
hl'r, 'till I thl'''atenl'd thllt if shl' left hilll, he would pay
SOIJlCtHH,' to hCHt her up.
b, In or about thl' IIfternoon of Octobl'r 4, IQ<)R, after the
plaint i ff asked the defendant to lellve the resielence, he
becnme IIngry, ripped the pluintiff's necklnce orf or her
neck, pul led off her eurrings, IInd grabbed her jewelry rrom
her jewelry box causing her to renr ror her snfety.
c. On several occasions in Septemher and October of J9<)S,
the derendnnt hecame angry with the chi Idren, refused to
Illlow the plllintiff's minor daughters to lellve their rooms
nt night, forced the minor son to sleep with the plaintiff
nnd defendant, and then slapped him across the race when he
inadvertent Iy disturbed the derendant's sleep,
d, In or about August 1995, the derendant grahbed the
plnint i ff by the throat, choke(l her, and threw her into the
hathtuh,
e. On several occasions from 1996 through the present, the
defendant has threatened to "do an OJ" and take the minor
SOil. The defendant further threatened to take the minor son
to Ttaly, where most of his rami Iy resides, so that the
plaintiff wi I I never see him again,
f. In or ahout the summer of 1997, the defendant became
angry, kicked the bathroom door causing a hOle, shoved the
plaintirf into the hathtub where the children were hathing,
and threatened to hi t the plaint i ff so hard that the hlood
would come out Causing her to fear for her safety,
g. On or about Valent ines ,lay 19<)7, the (J:,fendant ripped
the plaintiff's necklace off of her neck, pulled her
earrings out of her ears, and pointed a knife at her chest
when she telephoned her father for help,
h, On several occasions in the past four years, the
defendant has ahused the plaintiff in ways inClUding, hut
not I imi ted to, the fol lOWing: pushed and shoved her:
kicked and choked her: hi t walls and threw ohjects at her,
Ilnd threatened to kill her, her family, and several others,
12, The fOllOWing pol ice department or law enforcement agency in
the area in which Plaintiff lives should be provided with a copy
of the Protect ion Order: Hampden Township Pol ice Department,
13. There is an immediote ond present donger or further ahuse
from the Derendont,
14, Plaint iff is /lsking the Court to evict and exclude the
Defendant from the residence at 4341 Carl isle Pike, Apartment C5,
Camp Hill, whi('h is rented by Plaintiff and Defendant, from which
Defendant voluntari ly moved out of on Octoher 5, 1998.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
A. Restrain Defendant from abusing, threatening,
haraSSing, or stalking Plaintiff in any place where
Plaintiff may be found,
B. Evict and exclude Derendant from Plaintifr's residence
and prohibit Defendant from attempting to enter any
temporary or permanent residence of the Plaintiff.
C. Award Plaintiff temporary custody or the minor child
and place the fOlloWing restrictions or contact between
Defendant and child: no contact,
D, Prohibit Defendant from having any contact with
Plaintiff, 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 andlor visitation with the
minor chi Id.
E, Prohibit Defendant from having any contact with
Plaintifr's relatives and Plaintiff's children listed in
this Petition, except as the court may find necessary with
respect to partial custody andlor visitation with the minor
ch i I d,
F, Order Defendant to pay the costs of this action,
including riling, service fees, and surcharge of $25,00.
G. Order Defendant to pay $250,00 to reimburse one of
Legal Services, Inc's funding source for the cost of
litigation in this case.
H. Order the fOlloWing additional relief, not listed
above:
a. The defendant is enjoined from damaging or
destroYing any property owned Jointly by the parties or
owned solely by the plaintiff.
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