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HomeMy WebLinkAbout98-06840 I i I~ l~ I~ ~ ~ ~. ~ '~ ~ ~ ~ \~ 1 .::\ 1<::) '0 ~ ~ ~ ~ ~i Luri Ann 1I11rtl('y. : IrJ '1'111': {'I',!JHT (JF ('oMr"'utJ l'I.E^~; PI,llnt ill :"F ~~::r.~1I1;H:.MW ~.'~:lm't'Y.IJ1.:tltl~:YI,v^Nl^ VB. :NO. '10 I: (~Llu CIVIl. TERM JOBeph Anthony Palumbo. Defendant : PROTECT raN FROM ABUSE NOTICE OF nEARING ANn ORDER YOU HAVE BEEN SUED IN COtJHT. 1[ you wish to defend agaiJ)!;l the claims set forth in the following papers, you must appear at the hearing Hcheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you gt-anting the relief requeHl<~d 1u Uw Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing Oil this matter is scheduled lor the '1-1/' day of December, 1998, at .:';'.t (, .m., in Courtroom No. 'I of the Cumberland County courth{,use. Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hear tog. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT LEGAL HELP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO CUMBER4~D COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249,3166 YOU HAVE THE RIGHT WILL NOT, HOWEVER, CANNOT AFFORD ONE, WHERE YOU CAN GET PROCEED WITHOUT ONE. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled confer~nce or hearing. Lori Ann Hart.ley, Plaintiff : IN THE cOIl",r OF C()r~M()N PLEAS :01' CUMBERI.AND COUNTY, PENNSYLVANIA vs. :NO. 98 Cc,:?1c CIVIL TERM Joseph Anthony Palumbo. Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Joseph Anthony Palumbo Defendant's Date of Birth: 2/26/65 Defendant's Social Security Number: unknown to Plaintiff Name of Protected Person: Lori Ann Hartley AND NOW, this 'i II: day of December, 1998, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ~ 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. o 2. Defendant is evicted and excluded from Plaintiff's residence located at , Cumberland County, Pennsylvania, (a residence which is jointly owned/leased by the parties; owned/leased by the entireties; owned/leased solely by Plaintiff/Defendant to which Plaintiff and the minor child/ren moved to avoid abuse, which is not owned or leased by the Defendant, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises, except for the limited purpose of transferring custody of the parties' child/ren. Defendant shall remain in his vehicle at all times during the transfer of custody.) ~ 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment. Defendant is .pacifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 244 Creek Road, Apartment 2, Camp Hill, Cumberland County, Pennaylvania, a residence which is leased solely by Plaintiff, and any other residence Plaintiff may establish. ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. o 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this Order. o 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended bey~nd its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ~ 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Lower Allen Police Department o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY 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 $l,OOO.OO and/or up to six months in jail. 23 Pa.C.S. 56114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. 56113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. 55 2261-2262. Anv protection order qranted by a court may be considered in any subsequent proceedinqs. includinq child custody proceedinqs. under title 23 (Domestic Relationsl of the pennsvlvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS Lori Ann lIan.ley, Plaintiff : I N TilE COlJH'I' 01' COMMON 1'1,1':A1J : OF ClIMBERl,AND COllNTY, PENNSYl.VANIA vs. :NO. 98 - l,.;fyC CIVIL TERM Joseph Anthony Palumbo, Defendant : PROTECTION FROM ABlISE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Lori Ann Hartley. 2. This petition is filed on behalf Lori Ann Hartley. 3. The name of the person, who seeks protection from abuse is: Lori Ann Hartley. 4. Plaintiff's address is: 244 Creek Road, Apartment 2, Camp Hill, Pennsylvania. 5. Defendant is believed to live at the following address: 4612 S. Clearview Drive, Camp Hill, Pennsylvania. Defendant's Social Security Number is: unknown to Plaintiff. Defendant's date of birth is: 2/26/65. Defendant's place of employment is: freelancing for Jack Pyrex, Inc.. ./ 6. Defendant is Plaintiff's former intimate partner. 7. The facts of the most recent incident of abuse are as follows: On or about November 17, 1998, Defendant said to Plaintiff when referring to the incident of November 12, 1998, "At least I'm not beating you to a bloody pulp or putting you in the hospital," causing her to fear for her safety. Recently and on and off during the last two years, Defendant repeatedly drove by Plaintiff's apartment, came to her apartment uninvited at early houn] of the mOl'llinrl, knocked on hPl' ilpill'tment window:.: and doorn, earn" to dt he.- place of ..mploymellt, and telephoned her. 8. Defendant has committed the following prior acts of abuse against plaintiff: a. On or about November 12, 1998, Defendant came to Plaintiff's residence, grabbed her by the shoulders, and pushed her onto the floor. Defendant got on top of her and forcefully covered her mouth with his hand as she tried to talk hurting her cheek bone and causing her to have difficulty breathing. When Plaintiff tried to leave for work, Defendant blocked the door and prevented her from leaving. When Plaintiff sat down on a bed, Defendant pushed her backwards onto the bed, and put his forearm on her throat causing her to fear for her safety. Defendant threatened to kill himself. When Plaintiff tried to leave again, Defendant prevented her from doing so and finally would only allow her to leave if he took her to work and picked her up. b. In or about October 1998, on two occasions, Defendant admitted to Plaintiff that he had entered her apartment without her authority by picking the lock and that he had taken messages from her answering machine causing her to fear for her safety. c. In or about June 1998, while plaintiff was driving a vehicle, Defendant grabbed her by the throat and hair and threatened to kill her and then himself. d. On several different occasions since 1996, Defendant has pulled Plaintiff's hair, threatened to kill her and himself, slapped her, choked her, and pinned her down. 9. The following police department or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the I'I"oteelion Older: Lower Allen Police Department. 10. Thel"c ill an immediate and present danger of further abuse from the Defcndant. 11. plaintiff is asking the Court to order Defendant to stay away from the residence at 244 Creek Road, Apartment 2, Camp Hill, pennsylvania, which is rented by Plaintiff. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER. AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: Restrain Defendant from abusing, threatening, harassing, or stalking plaintiff in any place where Plaintiff may be found. Order Defendant to stay away from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. 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 place of employment. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. Order the following additional relief, not listed above: a. any property Defendant is enjoined from damaging or destroying owned solely by Plaintiff. b. relatives. Defendant is to refrain from harassing Plaintiff's Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the ,J ' ,.- ',- ,'I:. . . _ -:-::f ,,,.;' ~./ . ,- ...~_.."..,..........:''''l r', o -p'-~ .' :;: '.,._~....' t, ~-::. I' , l,#>fvO !il' I / I ,,/1 J' '/.'j , , /d"!<i,,-' t, ~. l f .:.. l:~f' J'-;-. " .f~, matter generally. and that the Temporary Proleclilln Order remain in effect until further Order of Respectfully submitted. Coun, 'f //' / ' I, I I, , .. 1''/'.'' II. (Jdan Carey, Attorney for ,Plaintiff LEGAL SERVICES. INC. 8 Irvine Row Carlisle. P A 17013 (717) 243-9400 .1 ~i ~i., .' 'l. ;';