HomeMy WebLinkAbout00-08570
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DEBORAH LYNN LUCIO,
Plaintiff
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00- f?57o
CIVIL TERM
JOHN LUCIO,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed
against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In
particular, you may be evicted from your residence and lose other important rights.
A hearing on, this mlttler is scheduled on the M.. day ofDeeember, 2000, # 10 f...
inCourtro~m No. ~ 4t11 Floor, Cumberland County Courthouse, I Courthouse Square, Carlisle,
Pennsylvama. .
.
You MUST obey the Order that is attached until it is modified or tenninated by the court after notice
and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you
to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 andlorup to six
monthsin jaiJunder 23 Pa.C.8. ~61l4. Violation may also subj.ect you to prosecution and criminal penalties
under the Pennsylvania Crimes Code. Under federal law, 18 UOS.C. ~2265, this Order is enforceable
anywhere in the United States, tnballands, U.S, Territories and the Commonweahh ofPuerto Rico. If you
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 U.S. C. ~ 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer represent
you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or
cannot afford one, go to or telephone the office set forth helow to find out where you can get legal help. If
you cannot find a lawyer, you may have to proceed without ODe.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
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DEBORAH LYNN LUCIO,
Plaintiff
: In the Court of Common Pleas of
:
: CUMBERLAND County,
v.
: PENNSYLVANIA
: Civil Action - Law
JOHN LUCIO,
Defendant
.
: No. 00- ?fJ10
:
: Protection From Abuse
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: JOHN LUCIO
Defendant's Date of Birth is: July 10.11)70
Defendant's Social Security Number is: 160-60-1642
Name(s)of All protected persons, including Plaintiff and minor children:
1. DEBORAH LYNN LUCIO
AND NOW, on 12th Day of December, 2000 upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
Plaintiff's request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any
place where they might be found.
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2. Except for such <;ontact with the minor child/ren as may be permitted under
paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT
with Plaintiff, or any other person protected under this Order, at any location,
including but not limited to any contact at Plaintiffs schoo~ business, or place of
employment. Defendant is speci:lically ordered to stay away from the following
locations for the duration of this order.
PlaintiB's CUlTent residence and any place wllere slle may stay during tile
term of tIIis Order.
Plaintiff's current place of employment and any otller place wllere slle may
be employed during tile term of this Order:
Beaudry Oral Surgery
3600 Old Gettysburg Road
Camp. Hill, PA
Tile school of the minor child
3. Except for such contact with the minor child/ren as may be permitted under
paragraph 4 of this Order, Defendant shall not contact Plaintifl: or any other
person protected under this Order, by telephone or by any other means, including
through third persons.
4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor child/ren:
1. WHITLEY BRIANA ELIZABETH LUCIO
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
Pending further Order after the hearing scheduled in tIIis case, Defendant
may have periods of partial custody with the parties' minor child on dates
and at times mutually agreed by the parties.
Defendant shaD contact PlaintiWs attorney in this matter to facilitate custody
arran~ments.
Defendant shall remain in his vehicle at all times during transfer of custody.
The local law emoreement a~ncy in the jurisdiction where the ehildlren are
Ioeated shall ensure that the ebildIren are placed in the eare and control of the
Plaintiffin accordance with the terms of this Order.
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5. The fonowing additional relief is granted:
Defendant is prohibited from having any contact with Plaintiff's relatives
and Plaintiff's children listed in this petition, except as the court may find
necessary with respect to partial custody.
Defendant is ordered to refrain from harassing the minor child or Plaintiff's
relatives.
Defendant is enjoined from damaging or destroying any property joindy
ownetl by the parties or owned solely by Plaintiff.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
CARLISLE POLICE DEPARTMENT
LOWERt.l.T.ElIi TOWNSHIP POLICE DEPARTMENT
7. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy of the petition, any Order issued, and the Order for Hearing
without prepayment of costs. The Petitioner win inform the designated authority of
any addresses, other than the Defendant's residence, where Defendant can be
served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
8. THIS ORDER APPLIES IMMEDIATELY TO DEFENI>ANT AND SHALL
REMAIN IN EFFECT UNTIL JUNE 12,2002 OR UNTIL OTIlERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is punishable by a fine oftij) to $1,000.00 and/or up
to six monthsinjail.. 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant's return
to the residence shall not invalidate this Order, whichGlUl ~ be changed or
modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.
~6113. Defendant is further notified that violation of this Order may subject himlher
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
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This Qfder shalt be enforced by the police who have jurisdiction over the plaintiff's
reside~be DR any location where a violation of this order occtlrs DR where the
defen~~tmay be located. If defendant violates Paragraphs I through 4 ofthis Order,
defend~t shall be arrested on the charge of Indirect Criminal Contempt. An arrest
for vi~l/ltion of this ,order may be made without warrant, based solely on probable
cause; y,rhether or not the violation is committed in the presence of law enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threat~ed to be used during the violation of this ,order ,oR during prior incidents of
I,
abuse! }V eapons must forthwith be delivered to the Sherifi's office of the county
whic~j~sued this ,order, which office shall maintain possession of the weapons until
furtIler larder of this court, unless the weaponls are evidence of a crime, in which
case, tlJ,ey shall remain with the law enforcement agency whose officer made the
I
arrest: '
Judge
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Distribution to:
Joan Carey, Attorn~y for Plaintiff
LEGAL SERVlCE$, INC.
8 Irvine Row,. Carli~le, PA 17013
(717) 243-9400 .'
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PFADNumber: XQll72116B
DEBORAH LYNN LUCIO,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
v.
: PENNSYLVANIA
: Civil Action - Law
:
JOHN LUCIO,
Defendant
: No. 00- <g'51O
:
: Protection From Abuse
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
DEBORAH LYNN LUCIO
2. I, (the Plaintift), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), ineluding minor children, who seek protection from abuse.
a. DEBORAH LYNN LUCIO
4. Plaintift's Address is : 432 Arch Street, Carlisle, FA 17013
5. Defendant's Name is:
JOHN LUCIO
6. Defendant is believed to live at the following address:
558 South Hanover Street, Room 3 ,Carlisle, P A 17013
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7. Defendant's Social Security Number is:
160-60-1642
8. Defendant's Date of Birth is:
July 10, 1970
9. Defendant's Place of employment is:
Dickinson School of Law - Penn State University Forestry Dept.
10. Defendant is an adnlt.
11. The relationship between the Plaintiff and the Defendant is:
Spouse
Parents ofthe same children
12. The Plaintiff and the Defendant been involved in the following court actions:
a. Divon:e
13. Other details of the court action are:
Cumberland ColUlty - No. 00-
14. Plaintiff and Defendant are the parents of the following minor child/ren:
a. WHITLEY BRIANA ELIZABETH LUCIO
Age:9 years old
Child's address is: 432 Arch Street, Carlisle, PA 17013
15. Plaintiff is seeking an Order of cllild custody as part of this petition.
The fullowing is a list of the children and where they have live for the past 5 years:
a. WHITLEY BRIANA ELIZABETH LUCIO
For the past 5 years, this child has lived with:
Plaintiff at 432 Arch Street, Carlisle, P A,
from lCt1051t1O tit the present.
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- Illii>d" ; -""-;""i'~OI<1/.~~;,,
PlaiDtift' and Defendant at 407 South Pitt Street,
Car6sle, PA, from 8/93 to 10/05/00.
Plaintiff and Defendant at 4205 San Juan Street,
Tampa, FL, from, 7/97 to 8/98.
Plaintiff and Defendant at 4213 San Juan Street,
Tampa, FL, from 1995 to 7/97.
16. The facts of the most recent incident of abuse are as follows:
On about Tuesday, December OS, 2000
location: 558 South Hanover Street, Room 3, Carlisle, PA, Defendant's home
On or abont December 5, 2000, Defendant asked to speak with Plaintift'for a few minutes, and
as she tried to leave, be blocked the doorway with his body and refused to let her out of the
room. Only wben Plaintiff picked up the telephone and threatened to call the p06ce, did
Defendant let her out of the room.
Earlier the same day, Defendant telephoned Plaintiff at her place of employment twice, and
during one of the telephone calIS lie threatened- ller $aying. "I know that your optimal way to die
is in your sleep, but how does Howard want to die?" referring to the man Plaintiff is dating.
17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) are as follows:
On or about December 3, 2000, Defendant telephoned Plaintift's residence several times.
On or about December 2, 2000, Defendant,. who had picked up the parties' 9-year-old daughter,
Whitley, for a weekend visit a few bours earlier, bad the child telephone PlaintitT at her
residence approximately 15 times that evening, took the telephone from the child when Plaintiff
aoswered,harassed Plaintift'abont the man she is datiog, and threatened lier saying, "If I can't
bave you, DO one will"; "PO get back at you", and "I hate you".
On or about December 1, 2000, Defendant told to Plaintift'tbat be was going to hang himself
from the rafters in ber garage and that he woukl telepbooe ber before lie bURg Jrimself go. that
she would be the first to find him. Defendant showed PlaintitT a piece of paper that he said was a
suicide note that he has been carrying in bis pocket.
On or about October 26, 2000, at Plaintiff's request Legal Services, loc. mailed Defendant a
letter advising him to limit his communications with her to information relating to their cbild,
and not to go to her residence uninvited (see attached Exhibit A, incorporated herein by
reference).
On or about October 15, 2000, Defendant agreed to go with PlaintitTto her divorce attoroey's
office to accept service of the Divorce Complaint. As he left tbe attorney's office with Plaintiff,
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Defendant struck her in the face with the divorce papers. Later the same day, Defendant
threatened Plaintiff saying that he was going to get back at her for having tiled for divorce.
'18. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order m;e:
CARLISLE POLICE DEPARTMENT
LOWER ALLEN TOWNSHIP POLICE DEPARTMENT
19. There is an immediate and present danger of further abuse from the Defendant.
20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or
minor child/ren in any place where Plaintiff may be found.
b. Award Plaintiff temporary custody of the minor child/ren and place the following
restrictions on contact between Defendant and child/ren:
Pending further Order after the hearing scheduled in this case, Defendant may
have periods of partial custody with the parties' minor child on dates and at
times mutually agreed by the parties.
Defendant shall contact Plaintit'rs attoruey in this matter to facilitate custody
arrangements.
Defendant shall rcmain in his vehicle at all times during transfer of custody.
c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren,
either in person, by telephone, or in writing, personally or through third persons,
including but not limited to any contact at Plaintiff's school, business, or place of
employment, except as the court may tind necessary with respect to partial custody
and/or visitation with the minor child/ren.
d. Prohibit Defendant from having any contact with Plaintifi's relatives and Plaintifi's
children listed in this petition, except as the court may tind necessary with respect to
partial custody and/or visitation with the minor child/ren.
e. Order Defendant to pay the costs of this action, including filing and service fees.
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f Order the following additional relief, not listed above:
Order Defendant to refrain from harassing the minor child or Plaintiff's
relatives.
Enjoin Defendant from damaging or destroying any property jointly owned by
the parties or owned solely by Plaintiff.
Order Defendant to pay $250.00 to one of Legal Services, Inc. 's funding
sonrces to pay the cost of litigating this case.
g. Grant such other relief as the court deems appropriate.
h. Order the police or other law enforcement agency to serve the Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The petitioner
will inform the designated authority of any addresses, other than theDefendant's
residence, where Defendant can be served. /
Respectfully Submitted by:
Agency:
oan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
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VERIFICA TION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904, relating
to unsworn fulsification to authorities.
Dated:
/0- / II /00
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LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
Fax (717) 243-8026
West Shore (717) 766-8475
Shippensburg (717) 530-5866
Franklin Farm Lane
Cbambersburg, Pennsylvania 17201
(717)264-5354
4235.WasltingtonSlreet
Gettyl;burg, Pennsylvania 17325
(717)334-7623
October 26, 2000
John Lucio
558 South Hanover Street
Carlisle,PA 17013
Mr. Lucio:
Ms. Lucio recently came to our office to discuss incidents which have occurred in which she says that
you have harassed her and physically abused her.
This letter is to inform you that future contact with Ms. Lucio is to be limited to connm~cation
regarding your daughter, Whitley. You are also advised that if you go to her residence uninvited or
to her place of employment while she is there working, you will be considered a defiant trespasser.
The penalty for defiant trespass is up to one year imprisonment.
Ms. Lucio has been advised of the criminal and civil remedies available to her in Pennsylvania. You
should be aware that the criminal laws apply to acts of violence even when they occur between
persons who are married. The penalty for simple assault, which can include "attempts by physical
menace to put another in fear of imminent serious bodily injury" is up to two years imprisonment and
a $5,000. 00 fine. For harassment (including striking, shoving, kicking, alarming or seriously annoying
a person), the punishment is up to a $300.00 fine and 90 days imprisonment. Harassment by
cOIIllllunication is also a crime punishable by up to one year in prison or a $2500 fine. The crime of
stalking includes engaging in a course of conduct such as followitig someone without proper authority
intending to cause the person fear of bodily injury or substantial emotional distress. Stalking is
punishable by imprisonmeht for up to seven years.
Ms. Lucio has also been advised of a civil remedy available under the Protection From Abuse Act.
Under this Act, she can petition the court to issue a Protection From Abuse Order. If such an order
is entered, it will be placed on file with the police, and if you violate the order, you will be taken
before the judge who issued the order. The judge will then decide what punishment is appropriate.
A person who violates such an order can be imprisoned for up to six months and/or assessed a fine
up to $1000. .
Ms. Lucio wants you to be aware that if you physically abuse her, threaten her with violence, harass
and/or stalk her, contact her directly oriB~Bl"'~ for the specific purpose of discussing
SERVING ADAMS, CUMBERLAND, FRANKLIN AND FULTON COUNTIES
.
Un!\;!!!!
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John Lucio
October 26, 2000
Page 2
issues regarding your child, or come to her home uninvited or to her place of employment, she will
take legal action against you.
Ms. Lucio hopes that your knowledge of the legal consequences of violent behavior will eliminate any
such behavior by you in the future.
Sincerely,
LEGAL SERVICES, INC.
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?Jo-an Carey if
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Attorney at Law
cc: Deborah Lynn Lucio
Carlisle Police Department
Lower Allen Township Police Department
Gregory L. Cutler, Attorney at Law
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12/12/00 TUE 15:18 FAX 717 240 6573
CUMB CO PROTHONOTARY
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CENTRAL PROCESS
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OFFICE OF 'IlIE POOrHCNOTARY
CUMBERLAND CCONTY CXlUR1ll00SE
CXIlE CXXJRTHCUSE SQUAllE
CARLISLE, PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
TO:
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Cent.. Peoce-55,
PA STATE POLICE
V I ATE LEe 0 PIE R
FAX H:
717-249-0779
FRCM:
CURTIS R. LONG
RE:
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MESSAGE :
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08570 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LUCIO DEBORAH LYNN
VS
LUCIO JOHN
KATHY CLARKE
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
LUCIO JOHN
the
DEFENDANT
, at 0016:40 HOURS, on the 12th day of December, 2000
at 558 SOUTH HANOVER ST
RM # 3
CARLISLE, PA 17013
by handing to
JOHN LUCIO
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER, PETITION
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10.00
.00
31.10
so~.:. ~
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R. Thomas Kline
12/13/2000
Sworn and SUbscribed to before
me this /K~ day of
1Ju, ~., .2/>-t>-0 A . D .
(llw,u~ (2, IUd&,,-, #
I {Prothonotary'
By:
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DEBORAHL YNNLUCIO,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-8570 CIVIL TERM
JOHN LUCIO,
Defendant
: PROTECTION FROM ABUSE
~RDER TO VACATE
AND NOW, this7ltl.... day oIDecember, 2000, upon Plaintiff' s Petition to Vacate Order and
Withdraw Action:
l. This matter is dismissed without prejudice.
2. Costs of this proceeding are waived.
3. The Temporary Protection From Abuse Order entered on December 12, 2000,
is hereby vacated.
Distribution to:
Joan Carey, Attorney for Plaintiff
LEGAL SER.VICES,INe.
8 Irvine Row, Carlisle, P A 17013
John Lucio, Defendant
558 South Hanover Street, Room 3
Carlisle, PA 17013
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DEBORAH LYNN LUCIO,
plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 00-8570 CIVIL TERM
JOHN LUCIO,
Defend8Jlt
: PROTECTION FROM ABUSE
PETITION TO VACATE ORDER
AND WITHDRAW ACTION
Plaintiff, Deborah Lynn Lucio, by and through her attorney, Joan Carey of Legal Services,
Inc., requests that the Court vacate the Temporary Protection From Abuse Order in the above-
captioned case and that the action be withdrawn on the grounds that:
1. A Petition for Protection From Abuse was filed and a Temporary Protection From
Abuse Order was issued by this Court on December 12, 2000, scheduling a hearing fur
December 20,2000, at 2:30 p.m. before Judge Hoffer.
Cumberland County Sheriff's deputies served Defendant with a certified copy of the Notice
ofHearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse at his
residence at 558 South Hanover Street, Room 3, Carlisle, Cumberland County, Pennsylvania, on
December 12, 2000, at 4:40 p.m.
2. The parties are in the process of reconciling their differences.
3. Plaintiff requests that the Temporary Protection From Abuse Order entered on
December 12, 2000, be vacated and the action withdrawn without prejudice to her.
WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the
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Order, and that the action be withdrawn without prejudice to Plaintiff.
Respectfully submitted,
..-rJ
o Carey, Attorney for iff
LEGAL SERVICES.
8 Irvine Row
Carlisle, PA 17013
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VERIFICATION
I verifY that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties oflS Pa~C~S~ 94904, relating
to unsworn falsification to authorities~
Dated:
De-c- .f2 0 I !).oO 0
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Deborah Lynn Lucio, Plaintiff
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12/26/00 .TUB 1&:46 FAX 717 240 6573
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CUMB CO PROTHONOTARY
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***************************
*** MULTI TN REPORT ***
***************************
TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2362
ERROR
[ 01]9p2405331
[ 03]9p2438026
[ 04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
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OFFICE OF 'mE PROlliClNOTARY
CUMBERLAND <XX.lNT'l o::xJImIOOSE
ONE CCURTHOUSE SQUARE
CARLISLE. PA. 17013-3387
(7171 240-6195
FAX (717) 240-6573
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TO: PA STATE POLICE
VIA TELECOPIER
FAX ~:
717-249-0779
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nKM: CURTIS R. LONG
RE: PFA ORDERS
MESSAGE:
1- Jt L 00. OF PAGES (lNCLUOING COVER SHEET)
This lrE'fo3a1' is mtErt!;d rnly fOr tiB I.SC af tIE irdividBl or: Entity to .rom is is ;on " crrll18i
a::ntain :infomat.icn ttat is p-:.ivi.legD. ~ crd ecmp:; fmn ljj.....l'J'llIl'e ud3r" 'fPliNhl.. Ia.or. ff
tl--e ~ of !his ~ is rot tl--e inte"tkl ta::ipimt, ~ are lEI.<iV rotifJej ttat CI"\Y d.issEm.iretim,
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