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HomeMy WebLinkAbout01-04331 JOSEPH ANTHONY ARMSTRONG, Plaintiff vs. JOHN FRANCIS ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4331 CIVIL TERM PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. Ifyou 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. 73-- A hearing on this matter is scheduled on thecV- day of July, 2001, at /. .m., in Courtroom No. Y-- on the 4' Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated 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 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. 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 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 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 hearjrng or business before the court. You must attend the scheduled conference or hearing. PLAfN r'tFF"5 EXHIBIT JOSEPH ANTHONY ARMSTRONG, Plaintiff V. JOHN FRANCIS ARMSTRONG, Defendant : In the Court of Common Pleas of : CUMBERLAND County, :PENNSYLVANIA Civil Action - Law ,? : No. 01- ''l 3 3 I C tAA' ,? : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendanf s Name is: JOHN FRANCIS ARMSTRONG Defendant's Date of Birth is: March 28, 1938 Defendant's Social Security Number is: 180-26-6444 Name(s) of All protected persons, including Plaintiff and minor children: 1. JOSEPH ANTHONY ARMSTRONG AND NOW, on 17th Day of July, 2001 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. 2. 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 school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence: 210 Senate Avenue Apt. 326 Camp Hill PA Residence owned by Plaintiff and his wife (who continues to live there): 1520 Old Mountain Road Wellsville, York County, PA 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. 1. any and all firearms and weapons, specifically, a.380 handgun. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 5. The following additional relief is granted: Defendant is enjoined from damaging or destroying any property owned by Plaintiff. Defendant is ordered to stay away from the property located at 1520 Old Mountain Road, Wellsville, York County, PA, a residence owned by Plaintiff and his estranged wife (who continues to live there). Plaintiff returns to the property periodically to mow the lawn and maintain the property. - __:..:. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any'other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT PENIIROOK TOWNSHIP POLICE DEPARTMENT (Dauphin County) DAUPHIN COUNTY DISPATCH PENNSYLVANIA STATE POLICE (York County, Rolrrersburg) 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 will 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 IIvIMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JANUARY 17, 2003 OR UNTIL OTHERWISE 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 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 U.S.C. §§2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether 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 threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. ? BY TI{E.COURT: Judge Date Distribution to: Joan Carey, Attorney for Plaintiff 1vLdPenn Legal Services ?6f h M x / S. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 or 1-800-822-5288 1P of 7 FAXed & mailed to PSP , e. !? t ill 0 1-5 ltlitLVtV: y-'' i IJ?b? /Ilcw.ltlVCO- Vl.ln pia ilVC r a FILE No.878 09/04 '01 1358 ID:MPLS CARLISLE OFFICE FAX:7172438026 PAGE 2 JOSEPH ANTHONY ARMSTRONG, Plaintiff V. JOHN FRANCIS ARMSTRONG, Defendant : In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA Civil Action - Law No. 01-4331 Protection From Abuse FINAL ORDER OF COURT Defendant's Name is: JOHN FRANCIS ARMSTRONG Defendant's Date of Birth is: March 28,1938 Defendant's Social Security Number is: 180-26-6444 Name(s) of All protected persons, including Plaintiff and minor children: 1. JOSEPH ANTHONY ARMSTRONG AND NOW, this 26th Day of July, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORVNUR ), ADJUDGED and DECREED as follows: Plaintiff, JOSEPH ANTHONY ARMSTRONG, is represented by David A, Lopez and Joan Carey of MidPemt Legal Services; Defendant, JOHN FRANCIS ARMSTRONG, is represented by Paul J. Esposito of Goldberg Katzman & Shipman. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff's requcat for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be Pound. PLAINTIFF'S EXHIBIT R=CESVEU: 9- 13:59; ],12439026 VJQtIM 111CN6S5; kd „FILE No.878 09%04 '01 1358 ID:MPLS CARLISLE OFFICE FAK:7172438026 PAGE 3 2. Defendant is prohibited from having ANY CONTACT with the PlaimiA or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place ofemployernent. Defendant is specifically ordered to stay away from the following locations for the duration of this order. PlaintiMs current residence: 210 Senate Avenue Apt. 326 Camp Hilt PA Residence owned by Plaintiff and his wife (Plaintif'f's wife continues to live in the residence): 1520 Old Mountain Road Wellsville, York County, PA 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4, Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriffs Office, any fireuima license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children. 1. any and all firearms and weapons, specifically, a.380 handgun. 5. Defendam is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. Any weapons and/or firearms license delivered to the sheriff pursuant to this order or the Temporary Order shall not be returned until further order of the court. Defendant may, upon the expiration of this Order, request that the sheriff return say f reams and/or weapons held pursuant to this Order. The sheriff shall determine ifDcfendant is otherwise legally entitled to possess the firearms and/or weapons. If the Protection From Abuse Order has expired and Defendant is legally entitled to possess firearms and/or weapons, the sheriff shall present an Order to the court authorizing that the firearms and/or weapons be returned to Defendant. Otherwise, the sheriff shall notify Defendant that he must file a petition with the Court seeking a return of the firearms and/or weapons, in which case the Court, upon petition, will schedule a hearing with notice to plaintiff. Ht(itlVtll: `f- 4- J. rl/CV Jb VGO -V1vi 1m rri iivL ?? FILE No.878 08/04 '01 1358 ID:r1PLS CARLISLE OFFICE FAX:7172438026 PAGE 4 F 6. The following additional relief is granted as authorized by §6108 of the Act: Defendant is enjoined front damaging or destroying any property owned by Plaintiff. Defendant is ordered to stay away from the property located at 1520 Old Mountain Road, Wellsville, York County, PA, a residence which is owned by Plaintiff and his estranged wife (fUtotiff's wife continues to live in the residence). Plaintiff returns to the property periodically to maw the lawn and maintain the property. Order Defendant to earoll in the program for hatterers at Mosaic Counseling Services in Harrisburg, successfully complete the 26-week program, and follow and complete any related recommendations for treatment made by the program staff, Defendatt shall be responsible for the payment of all costa related to enrolling and attending the program and for any costs for additional treatment recommended by staff. 7. a The PWntiffor protected person(s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parent of a cornmon child, a child of that person, or a child of the Deiendant. . Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s). . The terms of this order prohibit Defendant fkom using, attempting to use, or tflreate%ug tq pse pt ysirA force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. 8, BRADY INDICATOR REGEIVEDJ 9- 4- 1; I0:0'; 111[4JbU40 -1 v 11. vlirvt?Jj no FILE No.878 09/04 '01 13:59 ID:MPLS CARLISLE OFFICE FAX:7172438026 PAGE 5 9, A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT PENBROOIC POLICE DEPARTMENT (Dauphin County) DAUPHIN COUNTY DISPATCH PENNSYLVANIA STATE POLICE (York County) 10. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 11. All provisions of this order shall expire on: January 2(h 2003 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. §6114. 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 ACT, 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 THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C, §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 5 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall se(ze all weapons used or threatened to be FILE No.878 09/04 '01 1359 ID:NPLS CARLISLE OFFICE FAX:7172438026 PAGE 6 used during the violation of the protection order or during prior incidents of abuse. The Penbrook Police Department shall transfer Defendant's weapons to the Cumberland County Sheriff after the criminal proceedings are complete and the Sheriff shall maintain possession of the weapons until father order of this Court, When the defendant is placed under arrest for violation of this 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 Plaintiffs presence and signature are not requited to file 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 hearing. By the Court' \' He". Judge If entered pursuant to the consent of Plaintiff and Defendant: ?-? 1 ongA" , P tiff FIt?n `rang, Defendant DaVM Lopez, Attorney foriPla hfidPonn legal Services 8 Irvine Row, Carlisle, PA 17013 (717)243.9400 Distribution to to; David A. Lopez, Attorney for Plaintiff' Paul J. Esposito, Attorney for Defendant Cumberland County Shoff a Department FAXed and mailed to PSP Paul L Y'sposb, Attorney for Defendant Cio Mb&g Katzman & Shipman 320-E Market Street, Harrisburg, PA., 17101 (717) 234-4161 TRUE COPY FROM RECQRO ,n Testimony wherea(, I here uno eat my hang . a the seal of said Cou at Carlisle. Pa. 1'hl day '44 46 0- Pn thonaatry ? it" s 4 y . ` JOSEPH A. ARMSTRONG, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :01-4331 CIVIL JOHN FRANCIS ARMSTRONG, : Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this jf?day of AUGUST, 2001, the hearing in the above- captioned case previously scheduled, for August 9, 2001 at 11:30 a.m. in Courtroom 94, is rescheduled before the Court on the Y M day of ' 2001 at -3-?' Oo'clock P--m. in Courtroom # . The defendant, JOHN FRANCIS ARMSTRONG, is ordered to appear for trial on the charge of Indirect Criminal Contempt before the Court on that date. By the ourt, Ke ' A. Hess J. Jonathan R. Birbeck, Chief Deputy District Attorney JOHN FRANCIS ARMSTRONG JOSEPH A. ARMSTRONG, :IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-4331 CIVIL TERM JOHN FRANCIS ARMSTRONG, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. 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 seek 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, Jona an R. Birbeck Chief Deputy District Attorney COMMONWEALTH OF PENNSYLVANIA coUNTY cm CLxnherland District snber: 09-1-02 ectix eameoRm. Robert V. Manlove 1901 State Street Camp Hill, Pa 17011 ?retephcrC: (717) 761-0583 at No.: Filed: POLICE CRIMINAL COMPLAIN' COMMONWEALTH OF PENNSYLVANIA V5. DRFRND_ANT, NAME and ADDRESS t Jahn Armstrong 3049 Canty Strc-+et., fi[it'.. 18 Harrisburg Pa 17109 N: I L -i rdnit°a R(D'w5tDnicity a-dam's Sea Wdyt's D.O.R. mire's Social seority Nunc-v ffffdml SID LtiliC Q ADlarl ? etecN la (mete Hig+en!e ? Native greriq? ? lr(-rmn ® sale 03/28/1938 180-26-6444 rd3m S A.K.A.(also krAMP as) t'e vehicle (nfaaat)m: 's Orher.% tica ,e N rber Plate Maher state "letration stidier(sM/)'T) State 2001-07-575 1 I Office of the Attorney for the Commonwealth ?f-?Ji Approved ? Disapproved because: (The actwnty for the t:ananAtalth nay mpire that the mqint, arrest uarW affidavit. w hoth to aWand b/ the attomcy for the Canauwe(th prim to fitire. Pa.R.Or.p. 507.) itorr*y M mse runt or )PO 5gna we a' - MgUiMM ? M BA?S? I615 mm. tNare of Attrait•Pla?e Print er Typ2) fOffiFar Deelae Nurser/I.D.) of FasC PeTansbom ski Police t (Police OOR <t t,fy aa«'tmait or ABBY Repregaitad and Politicel 9bdivisiai5 ' A7 4 Rency ORt MAlar) (Originatire ADwxy fuse MM:er(OrA)) do hereliy slateXulteck the appropriate box) 1. ® 1 accuse the above named defendant, who lives at the address ad forth above ? 1 accuse an defendant whns .. name is unknown to me but who is described as ? 1 accuse the defendant, whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John. Doe with violating the penal laws of the Commonwealth of Pennsylvania at 210 SUM= AVE. APT. 326 CRMP HILL PA. FAST PF WBMO TCTilhMP Mace-potit!"t aldivisicn) in Qmtberland Connty nn or about 7-24-01 103P.M. Participants were: (if there were participants, place their names here; repeating the name of the above defendant) gqhi ArmstfcM 2. The acts committed by the accused were: The DEFE(>>DAW violated the p-RO PSCN PRCNI ABUSE ORDER #01-4331 Civil 2001, issued on July 17,2001 by the Honorable Tudge Y&Tin A. Hess, to WIT: The defendant was ordered not to have contact with the Plantiffby telephone or any other means. The Plantiff reported on 7-24-01 he received three phone calls from the defendant. The defendant advised the Plaz)tiff he better not go to a hearing that is scheduled on august 3, 2001. PROBABLE CAUSE: CN 7-25-01 AT 1100 HOURS THIS OFFICER RECEr m A CALT, TO PHOM THE VICTIM R6'FERE6ICE HARASSING PHA CATdaS. THE VICTIM ADVISED HE HAS A ACTIVE PPA Ai^ THE DF,F U. TM D MMU IS N7f 70 HAVE ANY CWC.T WITH THE VICTIM. THE VICTTN REPORTED ON 7-24-01 HE RECEIVED THREE t' US FIRCM THE DEPMDW. 'SHE AOPC 41iA•(4/01)(rcprodnt1m) 1-3 z•d 30I10d ONOHSNS)3d 1SH3 e0E:80 TO 92 Tnr j; Defendant Nsmr; JOtiri Ar.,tstrcmg POLICE CRIMINAL COMPLAINT Rocket Number: *PMr__;1M CA LS tVERE RECEIVx11 BY THE VICTTht AT HIu DEFENDAWr XMSED THE VICT"14 HE BeTT-om w:% co TO IHE 11G iRM SCHMULED CFI AMUST 3, 2001. THE VIGTIY AIAI:.SM THIS FIRST CALL HP RU=VEO AT 1:03 P.M., AND THEN 'F`+.t.) VZRE CALL,; t4ERE RECEr,,TD LATER IN THE DAY. TIME CALLS 1rRT THE VICCIM RECEIM ME M VZOLATION OR FFA 401-4331 ISSUED lA? JULY 1: , 2001 BY THE tS'WRAPI-E JUDGE IO"VIN A. (LL^3. all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of 1,6114 _ of the Title 23 _ 1 (Section) (SUbeett`on) T-(PA Statute) (counts) 2. _ of the (Section) (Subsect, on) (PA Statute) (counts) 3. of the (Section) (Subfection) (PA Statute) (counts) 4.? of the _ (Section) (Subsection) (PA Statute) (counts) 3. 1 ask that a warrant of arrest or a summons to issued and that the defendant be required to answer the charges I have made. (fn order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and mom to before the issuing authority.) 4. 1 verify that. the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 PA. C.S, a 4904) relating to urkmorn fAIWICAtinn to authorities. Rut Aj Lj_ ' - gnn ure o n AND NOW, on this date 1 certify the complaint has been properly ccmpleted and veri fied. Ana av)t o pro a e cause mus a comply in order for a warrant to las us. SEAL .apel nr,r ,e nc. "? -- SaUing u eflty AOPC 472-(4/958)(reprodxtion) 2-3 F: d 33IlQd 080as IA(3d 1SH3 e0r:80 To 92 lnr JOSEPH ANTHONY ARMSTRONG, Plaintiff vs. JOHN FRANCIS ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4331 CIVIL TERM 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. ?m 7s--- A hearing on this matter is scheduled on the cg(o day of July, 2001, at / in., in Courtroom No. on the 4'" Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated 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 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. 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 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 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. JOSEPH ANTHONY ARMSTRONG, Plaintiff V. JOHN FRANCIS ARMSTRONG, Defendant In the Court of Common Pleas of CUMBERLAND County, PENNSYLVANIA Civil Action - Law /,? n No. 01- 3 I CAJ-t?E Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: JOHN FRANCIS ARMSTRONG Defendant's Date of Birth is: March 28, 1938 Defendant's Social Security Number is: 180-26-6444 Name(s) of All protected persons, including Plaintiff and minor children: 1. JOSEPH ANTHONY ARMSTRONG AND NOW, on 17th Day of July, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintitrs 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. 2. 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 school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs current residence: 210 Senate Avenue Apt. 326 Camp Hill PA Residence owned by Plaintiff and his wife (who continues to live there): 1520 Old Mountain Road Wellsville, York County, PA 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. t. any and all firearms and weapons, specifically, a.380 handgun. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 5. The following additional relief is granted: Defendant is enjoined from damaging or destroying any property owned by Plaintiff. Defendant is ordered to stay away from the property located at 1520 Old Mountain Road, Wellsville, York County, PA, a residence owned by Plaintiff and his estranged wife (who continues to live there). Plaintiff returns to the property periodically to mow the lawn and maintain the property. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT PENBROOK TOWNSHIP POLICE DEPARTMENT (Dauphin County) DAUPHIN COUNTY DISPATCH PENNSYLVANIA STATE POLICE (York County, Rohrersburg) 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 will 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 DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JANUARY 17, 2003 OR UNTIL OTHERWISE 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 of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff s residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BYTHE COURT. Judge ?? /? 2001 Date Distribution to: Joan Carey, Attorney for Plaintiff NfidPenn Legal Services ?d f y ?? J' /. S• 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 or 1-800-822-5288 FAXed & mailed to PSP , e. P 1 1i1 0 LS 7 1 P o1 c. D .. %„?$' i aU.:s'u:ala c;3re"'9WS'Fd?t9`A'9%i?*I»i:!:?+@isu5f4 1 CERTIFICATION OF BAIL OTN I POLICE CASE NO. DJ NO. AND DISCHARGE CP TERM&NO 01-4331 Civil COMMONWEALTH VS (Defendant Nameand Address) CHARGE(S). DATE OF CHARGE(S) John Francis Alanstxoilg 3049 Canby St. Indrect Cr mihaT Contalipt of PEA Harrsiburg PA 17103 HOF (no surety) ? Nominal Bail ? Bail (total amount set, if any) $ earin at court when required:) ? C nditions of Release (aside from a NEXT COURT ACTION pp g o DATE AND TIME LOCATION court Roam it To have no contact with Joseph Anthony 8-9-01 @ 11:30 AM CLII Co. Court House Armstrong whatsoever. TO ? Detention Center ? Other I hereby certify that sufficient bail has been entered ? By the defendant ? On behalf of the defendant by: (attach addendum, if necessary) SECURITY OR SURETY (IF ANY) ? Surety Company (Name &Address of Surety) (License NO.) ? Professional Bondsman ROR • Refund of cash bail will be made within 20 days after ? Realty final disposition. (Pa.R.Cr.P. 4015(b)) ? Other • Refund of all other types of bail will be made promptly after 20 days following final disposition. (Pa.R.Cr.P. 4015(a)) JUDGE OR ISSUING AUTHORITY 0 Bring Cash Bail Receipt to Clerk of Court. Hess Kevin A J . , . . DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF APPEARANCE OR BAIL BOND DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED. THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND Given under my hand and the Official Seal of this Court, UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI this day of 19_. OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES. (SEAL) (Clerk or Court or Issuing Authority) WE, THE UNDERSIGNED, defendant and surety, our successors, heirs and assigns, are jointly and severally bound to pay to the Commonwealth of Pennsylvania the sum of ROR dollars I$ ROR ) SEE REVERSE SIDE FOR BAIL CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation) Principal, and hereby certify that the amount paid by said Principal to said Surety for bail in the above matter is $ _ and that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf. We further certify that said Principal has given to said Surety counter indemnity consisting of of the value of $ as follows: _ Surety, and no further counter indemnity is to be given the said Surety except We further certify that there are no judgments against the said corporate surety outstanding and unpaid for a period of more than thirty days from the date of the entry of such judgment except those in which a petition to open or vacate the judgment has been filed and remains undisposed of: Dated MUST BE SIGNED IN PERSON BY THE APPROVED AGENT 19 I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL. The following acknowledgement is also applicable if Percentage Cash Bail is used. THIS BOND SIGNED ON July 26, 2001 19 at Carlisle PENNSYLVANIA. (SEAL) (sorery) (SEAL) X (SEAL) SIGN RE OF DEFENDANT Signature of Surety (May be Bondsman, Bail Agency, or private individual or organization). Except when defendant is released on his own recognizance (ROR), this must be signed in all bail situations, including nominal bail. (SEAL) Signed and acknowledged before me this p 11 26th ay ( July a?0y ADDRESS OF SURETY, SURETY COMPANY OR DEFENDANT ??(. u (C rkc ourl orlssuing Aa rfly) Surery NO.or Professional Bondsman License No. BExpiralion Dare n ase of corporate surety bail, Power o ttorney must ORIGINAL a In case of Percentage Cash Bail or Nominal Bail, Power be affixed to bond or otherwise bond is invalid. of Attorney is not required. AOPC 414-e2 BAIL CONDITIONS The CONDIT.nNS of this hi are that the defendant will - ,If Appear halms the issuing aut"un, and in the rmits pi the County of Pennsylyarua at all times as his presence may he reoliai edered or directed unth till and final disposition Of the case to plead. to answer and defend as nrdered the aforesaid Champ or charges (21 Sohmo nimsep to au Drri and nmcasses N the visiting authority or Coon (3) The DEFENDANI antl SURETx must rive written rrofine to the issuing aulhoniy, (Crop of Courfa the D stnrl Attorney AND Court Ball Agency. or I-, enanga in hs address within Ion, night .hiss of Ins data It 1- enanoe et address 114. Cofriplyweh any s,i teo.nrfinerhOl ref-a- mposed by the. slum, suability or Chun such a, a sntrofsrtorv oamcnpaI.-O in a deswnaled wogram (S Nature, v nor cause to be done In, permit mhe donee, hrs rv her behalf, any aC p1r5111h2o b, C ju- CMe section 4552 Insisting ro mtimidariori If wunesses or vn nmsi a, serlion 49C 3 inflating Io nuaLaf nor. against witnsil I, rnnbmsl (18 r a C S §9 4952 495?) (i Obey 9L•^M1 Other rundiumm, as the Chinni or Court Bail Aci with leave of issuing authority or C- i rt may impose • • • s • • e e e • e e 11 defendant pnr!ones the cohi loons as at forth hells, then this bond is In be veld. otherwise. the same shall remain in rail for{a and this hood in the full sum Iha riot that be bruited And lcdher o accordance with law we do hereby empower any allorne of any coonM record .,thin the Cnmm9nWea ih Of Feiinsylvan!a or elsewhere to appear for us at any me. and wdr or w4hore declarations filed. antl Whether or not Ina said obngabon re in diii to confess Iudgment agains usr and m ti of t'ne enmrncnwedfh of peon sylvar,a for use of the aforesaid County and its assigns as of any term or session of court of record of Ire aforesaid hDonny to, the strove =ne, am n-n, with ralease of an errors without stay of execution and motnytmn on and efem.irn jpr' any levy or real estate s hereby waived and a+ndemnatlon snreed to arM this ,vompilon M personal proper, from leuy and sale on any execution hereon is i hereto expressty waived and no benefit of extortioner, its claimed under and by virtue of any eveirl law now in force or wit=ch may be passed hereafter And for so doing this shah h, soffOhi warrant A on, of this Land and warrant being filed in said ac' on it ehsu not be naoesvaty to file the original as a warrant of rumbler any law or rile of the :nun in the contrary, not w+ln_ stamdmr ? ? ? • JUSTIFICATION OF SURETY OTHER THAN CASH BAIL ;0^srl ii ? 4 - r a 2nd if are applicable ordy when real estate is posted as security ) (Cash Bad justification shov.n cn reverse ) The untle rsiynetl about to bP,COme Surely in the case pietl herein, being duly sworn (Or affirmed) deposes and says 1. 1 resod, at _ _-Ott phi No, and my occupation is _ ,abf.7, I work for 2 1 have no undisposed of criminal cases against me pending in the Courts of County. except as follows. 3 ? it amtWe are) the still, owners) of ? (I amlWe are) joint lenant(s7 In ? (IamlWeart,) lenamh;) by the entirely in in the said County of real estate sltuatad -as 101ierw_i vR:_ aparcel of ground. in size_ -WarQJn.the El HOfo, ?,Ll Tei-L], City of attracted at - .- _ _. _. wh.rh in improved with the following buildings (.Ali other joint tenants or tenants oy the entirety must co-sign this bond and state their addresses at the bottom of this page or on an attachment hereto.) 4 The said property was obtained by me by ? Deed ? Will from - 5 The Li Deed [-1 Will isolated _ ___anffis+eeOrded in theollice at the'- Reu;4rdi 1. Dal -F 7 Register Dl Willc of County, - ] Deei Will Bock VOI. Page. and the title is in i-` my ,aura ? and my spouse's name Alcn a parcel of ground, to size Auatei lb the Wand ... Thin I l ante Two ? Ctly of - -ThesaidpmpertMnscbtadeffbymebv Deed Will from .T.heAeed-L.Ytdl6s n'f°^ - a: ddatepptded In ? Deed l l Will Beek Vol - Page 01 County, and is its ! ] mV Amon li and my spc.lse s nat.., o lam nilP.wi on any bond of any kind Otcept as onai,vs ,Ali AMCUNT bEFFNOANR 8 9 Trailers ate no mr-rtbageq or Cme, hens or encllmbrenees of any kind or description upon the said premises and Ihete are no judgments against .,to erceot as follows - MOrtgages An -1 forth in the Rerorder nt Deeds on first properly - - - Mortgages as set fnnnh in the Recorder of Deeds on second property Judgr iii and Lienq Real cctaie tares have heel, pad except The assnviced ealuarinn of satl premises is No(udgrnect has been entered or arnhn instituted against me upon a forfeited hi N- rizante eucept 10 1 have read a ei Illy this foregoing affidavit and know that it is true and correct Swcrntafhrmed) and subscribed before me this $EAL screlr CO Z.,rerv nil=y co trim renaa m.o-tensor ny?ro.rmireh LEAL icier, of Lwq art sonsurr A,Ihcnt?) - JOSEPH A. ARMSTRONG, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, V CIVIL ACTION - LAW PENNSYLVANIA JOHN FRANCIS ARMSTRONG, : NO. 01-4331 CIVIL TERM Defendant : INDIRECT CRIMINAL CONTEMPT IN RE: VIOLATION OF THE TEMPORARY PROTECTIVE ORDER & PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 26th day of July, 2001, hearing on the captioned matter is set for Thursday, August 9, 2001, at 11:30 a.m. It appearing that the defendant is currently on bail with regard to an underlying criminal offense in this case, we set bail at ROR on the express condition that the defendant have no contact whatsoever with the plaintiff in this case. Upon an allegation of a violation thereof, a bench warrant to issue for the defendant's arrest. By the Court, Kev' A. Hess, J. Michelle SDistrict Esquire e V p Assistant Attorney ?dp-" ct?.LccL. David Lopez, Esquire MidPenn Legal Services Paul J. Esposito, Esquire For John Francis Armstrong Probation :bg 730-0, 45 JOSEPH A. ARMSTRONG, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-4331 CIVIL TERM JOHN FRANCIS ARMSTRONG, : Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 7-6,' day of JULY, 2001 this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. hi consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, JOHN FRANCIS ARMSTRONG. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, Ked A. Hess J. Jonathan R. Birbeck Chief Deputy District Attorney JOHN FRANCIS ARMSTRONG JOSEPH A. ARMSTRONG, :IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-4331 CIVIL TERM JOHN FRANCIS ARMSTRONG, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. 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 seek 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, " \,q hm,Nr-, rd , Jonathan R. Birbeck Chief Deputy District Attorney COMMONWEALTH OF PENNSYLVANIA CC)UNTV OF: Camiberland gicterw District Niat:ert 09-1-02 atrirt .nstice N®re:Rbt. Robert V. NtM'aOVe 'Address: 1901 State Street CaWp Hill, Pa 17011 i (717) 761-0583 at No.: Filed: POLICE CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA VS- DraFENDANT, NAME and ADDRESS Jotm Armtrong 3049 Canby Strr- . t, R1tt-. - 1 A Harrisburg Pa 17109 N: I L J rrlah2 s Rece/Ethnicity -- ['t Seri Oefendmt°s D.0.6. Referrkat's Sxisl Sear ty Hureer 0.^-fentlont's SID ahite ? Aim' ? Stack © fmstc 03/281 1938 1.80-26-6494 i Hi%Pp 4c ? Native Airerical Q LHTNn E Mete tcbnt's A.K.A.(also krc as) fendmt le Vehicte Inforatim: 's Driver's Licelee Wrber Plate Wilber state I Regiettatim stioermvyy) I Bute { 2001-07-575 0 Office of the Attorney for the Commonwealth n Approved M Disapproved because: (The attorney for the Camernrial.th say raytire that tho cam aint, arrest ararr atficbvi;, or both be,gproved by t? attmwy for the Camrreawlth prior to +it)rg. Pa.R.Cr-P. 507.) one ttarnxv ar - ease r5n[ or )pe igxature I, rDIII?I TOlg1 M BASHORE 1615 (Nee of Attaant?Plesse Nrint or 7ypcJ (Offraer R+[lea NaaECr/I.D.} of Past Pennsboro Townshit Police Dept PA0210300 (Identify Dswrtmnt or Agency Rapreaentad are! PW iti+?l. 9.bdivisia+) (PCIiCe Agency OR! Ube) (Crigirotire Aeercy Casa KUTW(WA)) do hereliy aute;(chock the appropriate box) 1. IM I accuse the above named defendant, who lives at the address set forth above 11 I accuse an defendantwhnr . name la unknown tome but who is described as ? i accuse the defendant. whose name and popular designation or nickname is unknown tome and whom l have therefore designated as,lohr. Doe with violating the panel laws of the Commonwealth of Pennsylvania at. 210 SENFiTB AVE. APT. 326 CAMP HILL PA. EAST PE1WBCR0 TCYKW IIP ( ;ace- tattwt &1divisim) in Cjm rland _ 0onnty an or about 7-24-01 103P.M. Participants were: (if there were participants, place their names here, repeating the name of the above defendant) John ArmstLMg 1 The acts committed by the accused were: The DEFEwLANrt violated the PRrY1'ECC7'ICN FR(xH ABUSE ORDER #01-4331 Civil 2001, issued on July 1^,2001 by the Honorable .judge Kavin A. Hess, to WIT: The defendant UrA ordered not to have contact with the Plantiffby telephone or any other beans. The Piantiff reported on 7-24-01 he received three phase calls from the defendant. The defendant advised the Plantiff he better not go to a hearing that is scheduled on august 3, 2001. PROBABLE CAUSE: CN 7-25-01 AT 1100 HOURS THIS OFFICER REC%= A CALL TO PHCN9 THE VICTIM Rx)POZE14E HARASSTM FKME CALLS, THE VICTIM AUVI^M HE HAS A ACrM PFA AGAINST THE DE NP. THE MVENDMU IS Mr TO HAVE ANY CLa WITH TM VICTIM. THE VICTIM REPO= Cl 7-24-01 HE RECEIVM THREE CALLS FECM THE DRMMtNr, THE A(PD 41iA-(4101)(reprodctim) 1-3 2*d 33I-10d 0M0HsNU3d LSH3 eoEZ80 To 92 Tnr ?--? ---- y Defendant Name: John Azmsstrcerg POLICE CRIMMAL COMPLAINT Daket Number:^ CALLS WERE RECB.= BY THE VICT-IM AT HIS PM 'MM DEFENDAD7Z' ADVISED M VICM HE BErTpR tom? Go To TFIE HBAPIM SM4EULED C N ATAt'TIST 3, 2001. THE VSCT3M ADV-?$=, TM FIRST Mrs, ITS RZC'GTVED AS 1:03 PM-, AW UW Two brm CALLS wmE RECujm LAM iN THE MY. nME CALLS 7rW THE v1CTIM RECEIVED WME L1 W01ATIM OF PFA #j01-4331 iSSM CAN JLiLY 17,d0o1 BY THE ttj1C)RABT,E ?JCMM = 4 A. MOM. all of '.vhici: were against the Peace and dignity of the Commonwealth of PennvyIaania and contrary to the Act of Assembly, or in violation of , 6114 of t"e Title 23 _ 1 (Section) (Su6seet4on) - mm-(p? S^.atuto) (counts) 2. _ of the (4ectiol) (Subsea-'M__ (PA Statute) (counts) 3. of the _ (Section) CSuSaeot ion) Cc0. Stetutt) (counts) 4. of the 4Secti nn) (Subsection) ;pq statute) (counts) 8. Task that a warrant of arrest or a summons ce issued and that the defendant be required to answer the chargm i have made. (In ordor for a warrant of arrest to issue, the attached affidavit of probable muse roust be completed and sworn to before'the issuing authority.) 4. 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 PA. C.S, 0 14904) relating to unsworn $lsifi(`atinn to authorities, (Signature o rt AND NOW, on this date _ I certify the complaint has been properly completed and verified. Ar, affidavit a prc a e cause mus a completed in order for a warrant to issue. _ SEAL .BP'c. erta '.s rtC ??'?"'--.? 66111 ng Jt Or14y WC a42-{ 41456)(reptodienon) 2-3 t'd 30Il0d ONDRSWW3d 1SH3 LOC.g? 10 92 Tnr JOSEPH ANTHONY ARMSTRONG, Plaintiff vs. JOHN FRANCIS ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4331 CIVIL TERM 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. 7i--- A bearing on this matter is scheduled on theag6 day of July, 2001, at in., in Courtroom No. ?4-e on the 4' Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated 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 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. 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 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 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. JOSEPH ANTHONY ARMSTRONG, Plaintiff V. JOHN FRANCIS ARMSTRONG, Defendant ?-: In the Court of Common Pleas of : CUMBERLAND County, :PENNSYLVANIA : Civil Action - Law N-0.01- 'ti.33 C CA - : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: JOHN FRANCIS ARMSTRONG Defendant's Date of Birth is: March 28, 1938 Defendant's Social Security Number is: 180-26-6444 Name(s) of All protected persons, including Plaintiff and minor children: 1. JOSEPH ANTHONY ARMSTRONG AND NOW, on 17th Day of July, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs 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. 2. 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 school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs current residence: 210 Senate Avenue Apt. 326 Camp Hill PA Residence owned by Plaintiff and his wife (who continues to live there): 1520 Old Mountain Road Wellsville, York County, PA 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. any and all firearms and weapons, specifically, a.380 handgun. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 5. The following additional relief is granted: Defendant is enjoined from damaging or destroying any property owned by Plaintiff. Defendant is ordered to stay away from the property located at 1520 Old Mountain Road, Wellsville, York County, PA, a residence owned by Plaintiff and his estranged wife (who continues to live there). Plaintiff returns to the property periodically to mow the lawn and maintain the property. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT PENBROOK TOWNSHIP POLICE DEPARTMENT (Dauphin County) DAUPHIN COUNTY DISPATCH PENNSYLVANIA STATE POLICE (York County, Rohrersburg) 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 will 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 DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JANUARY 17, 2003 OR UNTIL OTHERWISE 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 bya 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 U.S.C. §§2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 4 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether 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 threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE CO U?T? Judge 9,,,?•, / ? 20o J Date Distribution to: Joan Carey, Attorney for Plaintiff MidPenn Legal Servicesf y /H 1; / S. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 or 1-800-822-5288 7- p, of FAXed & mailed to PSP , e.19 1 IK a S ' COMMONWEALTH OF PENNSYLVANIA ) SS: OCA: COUNTY OF CUMBERLAND ) TO: R. Thomas Kline, Sheriff, or any duly authorized law enforcement officer. RE: JOHN A. ARMSTRONG 3049 Canby Street Harrisburg, PA 17109 DOB: 03128/1938 SEX: M RACE: WHITE 0 rv= HT: 508 WT: 181 DOCKET#: 01-4331 CIVIL EYES: HAZ HAIR: GRY SSN: 180/26/6444 FBI: 420351E OLN: SID: 133-74-16-3 OTN: VIOLATION OF INDIRECT CRIMINAL CONTEMPT WHEREAS, the above-named defendant allegedly violated his protection from abuse order on July 26, 2001, the indirect criminal contempt was filed by Ptim. Todd M. Bashore of East Pennsboro Township Police Department. WHEREAS, this Court on July 26, 2001 directed a Arrest Warrant be issued for the apprehension of the defendant. This is therefore to command you to arrest the defendant above and bring him/her before at Carlisle, Pennsylvania, without unnecessary delay to be dealt with according to law. WITNESS the undersigned Judge, at Carlisle, this 26th day of July, A.D., 2001. PSI (l Y'L ('.l Kevin A. Hess J. ATTEST: PROTHONO AR (SEAL) TRUE COPY FROM RECORD in Testimony wrhereof, I here unto W my hags; and the seal of said Court at Carlisle. Pa ih? ?- prothonotary T '4tn JOSEPH ANTHONY ARMSTRONG, Plaintiff vs. JOHN FRANCIS ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4331 CIVIL TERM 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. r? 73.- A hearing on this matter is scheduled on the e5? day of July, 2001, at / m., in Courtroom No. 11-4- on the 4t1i Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. You MUST obey-the Order that is attached untilit is modified or terminated bythe court after notice and hearing. If you disobey this Order, the pplice may arrest you. Violation ofthis 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. You have the right to have alawyer 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 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 Number: (717)249-3I()6 AMERICANS WITH DISABH.IT ES 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. Allarrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or bearing. JOSEPH ANTHONY ARMSTRONG, Plaintiff V. JOHN FRANCIS ARMSTRONG, Defendant : In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA : Civil Action - Law :No.01- ti331 //?? l Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: JOHN FRANCIS ARMSTRONG Defendant's Date of Birth is: March 28, 1938 Defendant's Social Security Number is: 180-26-6444 Name(s) of All protected persons, including Plaintiff and minor children: 1. JOSEPH ANTHONY ARMSTRONG AND NOW, on 17th Day of July, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs 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. 2. 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 school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence: 210 Senate Avenue Apt. 326 Camp Hill PA Residence owned by Plaintiff and his wife (who continues to live there): 1520 Old Mountain Road Wellsville, York County, PA 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. 1. any and all firearms and weapons, specifically, a.380 handgun. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 5. The following additional relief is granted: Defendant is enjoined from damaging or destroying any property owned by Plaintiff. Defendant is ordered to stay away from the property located at 1520 Old Mountain Road, Wellsville, York County, PA, a residence owned by Plaintiff and his estranged wife (who continues to five there). Plaihtiff returns to the property periodically to mow the lawn and maintain the property. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT PENBROOK TOWNSHIP POLICE DEPARTMENT (Dauphin County) DAUPHIN COUNTY DISPATCH PENNSYLVANIA STATE POLICE (York County, Rohrersburg) 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 will 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 DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JANUARY 17, 2003 OR UNTIL OTHERWISE 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 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 U.S.C. §§2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether 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 threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT: ;44 Judge / ? 200 Date Distribution to: Joan Carey, Attorney for Plaintiff MdPenn Legal Services Al J3 A's-, 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 or 1-800-822-5288 7-/P,of FAXed & mailed to PSP , C. !? t Wt 0 ,-s -r PFAD Number: MF1289943R JOSEPH ANTHONY ARMSTRONG, Plaintiff V. JOHN FRANCIS ARMSTRONG, Defendant : In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA Civil Action - Law No. 01- : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: JOSEPH ANTHONY ARMSTRONG 2. I, (the Plaintiff), am filing this Petition on behalf of - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. JOSEPH ANTHONY ARMSTRONG 4. Plaintiffs Address is : 210 Senate Avenue, Apt. 326, Camp Hill, PA 17011 5. Defendant's Name is: JOHN FRANCIS ARMSTRONG 6. Defendant is believed to live at the following address: 3049 Canby Street, Apt. 18 , Harrisburg, PA 17103 7. Defendant's Social Security Number is: 180-26-6444 8. Defendant's Date of Birth is: March 28, 1938 9. Defendant's Place of employment is: retired. 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Brother 12. The defendant has been involved in a criminal court action. 13. The facts of the most recent incident of abuse are as follows: On about Friday, June 29, 2001 location: 3049 Canby Street, Harrisburg, Dauphin County, PA When Plaintiff drove into the parking lot of Defendant's (Plaintiffs twin brother) apartment complex and stopped in front of his apartment, Defendant, who was sitting out in front of the apartment, pulled a handgun from his clothing and fired several shots at Plaintiff in his vehicle. Fearing for his life, Plaintiff drove away and called 911 for help. Additionally, Defendant caused damage to Plaintiffs vehicle which will cost over $3,000.00 to repair. Defendant was arrested, charged with attempted homicide, and other related charges, and arraigned before a Dauphin County District Justice. Bail was set and Defendant was released after posting bail. A preliminary hearing on the criminal charges is scheduled before District Justice Shughart on August 3, 2001, at 8:30 a.m. in Harrisburg. 14. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor childlren: a. any and all firearms and weapons, specifically, a.380 handgun. 15. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT PENBROOK TOWNSHIP POLICE DEPARTMENT (Dauphin County) DAUPHIN COUNTY DISPATCH 16. There is an immediate and present danger of further abuse from the Defendant. 17. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: any and all costs incurred by Plaintiff which is not paid by his insurance company for damage Defendant caused to Plaintiffs vehicle as a result of the incident which occured on or about June 29, 2001. 18. 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 children in any place where Plaintiff may be found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor children, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. c. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. e. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. f. Order Defendant to pay the costs of this action, including filing and service fees. g. Order the following additional relief, not listed above: Enjoin Defendant from damaging or destroying any property owned by Plaintiff. Order Defendant to stay away from the property located at 1520 Old Mountain Road, Wellsville, York County, PA, a residence owned by Plaintiff and his estranged wife. Plaintiff returns to the property periodically to mow the lawn and maintain the property. Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost of litigating this case. h. Grant such other relief as the court deems appropriate. 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 the Defendant's residence, where Defendant can be served. Respectfully Submitted by: Jo Carey, At t. for Pl Agency: MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 or 1-800-822-5288 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 of IS Pa.C. S.§4904, relating to unworn falsification to authorities. Dated: os? i A. Armstrong, Plaintiff lo„ c, aj W 07/18/01 WED 11:39 FAX 717 240 6573 CUMB CO PROTHONOTARY Cd1n0 sa:?ss?x??xsx:??s?*?s:*ffi?*??**x? MULTI TN REPORT ? ?*88*k8?k8?*ffi&%k?S?*&ae*ffi&:NffiSNc TX/RX NO 2720 INCOMPLETE TX/RX TRANSACTION OK [ 0119P2490779 PSP t 0319P2405331 CP [ 04192438026 LS ERROR OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTOUSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I A T E L E C 0 P I E R TO! PA STATE POLICE .. CCMi• PRjot:c:s.- M. jv. 4•S FAX q: 717-249-0779 FROM; CURTIS R. LONG RE! PFA ORDERS MESSAGE: NO. OF PAGES (ItJCLUDING COVER SHEET) Thus mmsagt is intatW ally fxr tte um of tte uxUvxlal Cr witity to ahidl is is ad , ad fI' amtam r&mTetim &at is privAoyd. CUlfkb ttal atd EaOrpt fmn dtgC M= U13W TpboaWe IBW- ff die na0m of Uus omseg- is rot the intamb7 mmptatt, you are tmity notified ftat any diwffdndticn, rlismib um or act vary of this mm rocatim is sbCiC y prhibitai. If you hAe zemived Ous re4am the oricanal n W Ls at COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS VS CUMBERLAND COUNTY PENNA JOHN A.` ARMSTRONG `01-4331 (CIVIL) I,JACOB BAKER,DEPUTY SHERIFF BEIGN DULY SWORN BY LAW SAYS THAT ON 7/26/01 - THE ABOVE NAMED DEFENDANT WAS SERVEDWITH THE BENCH WARRANT BY DEPUTY RONALS McKILLIP -AND DEFENDANT WAS ARRAIGNED BEFORE JUDGE KEVINHESS ON THE CHARGE.AND RELEASED ON ROR BAIL. SHERIFF;S COSTS $0.00 SO ANSWERS AA' '1-a-7 a/ R. THONIAS'KLINE,SHERIFF BY ? 41? DEPUTY ACOBBAKER ?l 6 JOSEPH A. ARMSTRONG, Plaintiff V JOHN FRANCIS ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 01-4331 CIVIL TERM : INDIRECT CRIMINAL CONTEMPT IN RE: VIOLATION OF THE TEMPORARY PROTECTIVE ORDER & PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 26th day of July, 2001, hearing on the captioned matter is set for Thursday, August 9, 2001, at 11:30 a.m. It appearing that the defendant is currently on bail with regard to an underlying criminal offense in this case, we set bail at ROR on the express condition that the defendant have no contact whatsoever with the plaintiff in this case. Upon an allegation of a violation thereof, a bench warrant to issue for the defendant's arrest. By the Court, ichelle Sibert, Esquire Assistant District Attorney David Lopez, Esquire MidPenn Legal Services Paul J. Esposito, Esquire For John Francis Armstrong Probation :bg Kev' A. Hess, J. JOSEPH ANTHONY ARMSTRONG, Plaintiff V. JOHN FRANCIS ARMSTRONG, Defendant : In the Court of Common Pleas of CUMBERLAND County, PENNSYLVANIA : Civil Action - Law No. 01-4331 : Protection From Abuse FINAL ORDER OF COURT Defendant's Name is: JOHN FRANCIS ARMSTRONG Defendant's Date of Birth is: March 28, 1938 Defendant's Social Security Number is: 180-26-6444 Name(s) of All protected persons, including Plaintiff and minor children: 1. JOSEPH ANTHONY ARMSTRONG AND NOW, this 26th Day of July, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff JOSEPH ANTHONY ARMSTRONG, is represented by David A. Lopez and Joan Carey of MidPenn Legal Services; Defendant, JOHN FRANCIS ARMSTRONG, is represented by Paul J. Esposito of Goldberg Katzman & Shipman. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence: 210 Senate Avenue Apt. 326 Camp Hill PA Residence owned by Plaintiff and his wife (Plaintiff's wife continues to live in the residence): 1520 Old Mountain Road Wellsville, York County, PA 3. Defendant shall not contact the Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 4. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children. any and all firearms and weapons, specifically, a .380 handgun. 5. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. Any weapons and/or firearms license delivered to the sheriff pursuant to this order or the Temporary Order shall not be returned until further order of the court. Defendant may, upon the expiration of this Order, request that the sheriff return any firearms and/or weapons held pursuant to this Order. The sheriff shall determine if Defendant is otherwise legally entitled to possess the firearms and/or weapons. If the Protection From Abuse Order has expired and Defendant is legally entitled to possess firearms and/or weapons, the sheriff shall present an Order to the Court authorizing that the firearms and/or weapons be returned to Defendant. Otherwise, the sheriff shall notify Defendant that he must file a petition with the Court seeking a return of the firearms and/or weapons, in which case the Court, upon petition, will schedule a hearing with notice to Plaintiff. 6. The following additional relief is granted as authorized by §6108 of the Act: Defendant is enjoined from damaging or destroying any property owned by Plaintiff. Defendant is ordered to stay away from the property located at 1520 Old Mountain Road, Wellsville, York County, PA, a residence which is owned by Plaintiff and his estranged wife (Plaintiffs wife continues to live in the residence). Plaintiff returns to the property periodically to mow the lawn and maintain the property. Order Defendant to enroll in the program for batterers at Mosaic Counseling Services in Harrisburg, successfully complete the 26-week program, and follow and complete any related recommendations for treatment made by the program staff. Defendant shall be responsible for the payment of all costs related to enrolling and attending the program and for any costs for additional treatment recommended by staff. 7. • The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. . Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s). • The terms of this order prohibit Defendant from using, attempting to use, or threatening to use p} ysic4l force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. 8. BRADY INDICATOR 9. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT PENBROOK POLICE DEPARTMENT (Dauphin County) DAUPHIN COUNTY DISPATCH PENNSYLVANIA STATE POLICE (York County) 10. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 11. All provisions of this order shall expire on: January 26, 2003 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 SD{ MONTHS. 23 PA.C.S. §6114. 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 ACT, 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 THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE'BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 5 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C. S. §6113. Subsequent to arrest, the police 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 Penbrook Police Department shall transfer Defendant's weapons to the Cumberland County Sheriff after the criminal proceedings are complete and the Sheriff shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this 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. Plaintiffs presence and signature are not required to file 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 hearing. By the Court, 1<444 If entered pursuant to the consent of Plaintiff and 8 Irvine Row, Carlisle, PA 17013 (717)243-9400 Distribution to: David A. Lopez, Attorney for Plaintiff Paul J. Esposito, Attorney for Defendant Cumberland County Sheriff s Department KevinA. Hess, Judge etepuanv Defendant l cis Armstrong, Paul J. spo ' , Attorney for Defendant Goldb g Katzman & Shipman 320-E Market Street, Harrisburg, PA117101 (717) 234-4161 FAXed and mailed to PSP MidPenn Legal Services C7 r" '? r} Tl ? s CJ' n r oll °D W ? T a ? F ? SS G s- n j?aa Yn G O y? i P ? W w '? UyW 08/03/01 FRI 15:55 FAX 717 240 6573 COMB CO PROTHONOTARY IM 001 • *?tsa?*a??xa??*?s*ws*N:??c?x8? **3: MULTI TN REPORT :e*xs?xs?xs?sa??tm??s**a?*s? TX/RX NO 2745 INCOMPLETE TX/RX TRANSACTION ON [ 0119p2490779 PST [ 0319P2405331 CP [ 04192438026 LS ERROR JOSEPH ANTHONY ARMSTRONG, IPlaintiff v. JOHN FRANCIS ARMSTRONG, Defendant In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA Civil Action - Law No. 01-4331 : Protection From Abuse FINAL ORDER OF COURT Defendant's Name is: JOHN FRANCIS ARMSTRONG Defendant's Date of Birth is: March 28,1939 Defendant's Social Security Number is: 180.26-6444 Name(s) of All protected persons, including Plaintiff and minor children: 1. JOStPH ANTHONY ARMSTRONG AND NOW, this 26th Day of July, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plnim JOSEPH ANTHONY ARMSTRONG, is represented by David A. Lopez and Joan Carey of MidPenn Legal Services; Defendant, JOHN FRANCIS ARMSTRONG, is represented by Paul J. Esposito of Goldberg Katzman & Shipman. Defendant although agreeing to the terms of this Order. does not. admit the allegations :n SHERIFF'S RETURN - OUT OF COUNTY • t CASE NO: 2001-04331 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ARMSTRONG JOSEPH ANTHONY VS ARMSTRONG JOHN FRANCIS Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ARMSTRONG JOHN FRANCIS but was unable to locate Him deputized the sheriff of DAUPHIN serve the within PROTECTION FROM ABUSE County, Pennsylvania, to On July 27th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Cc 18.00 9.00 10.00 25.50 nn V L J V 00/00/0000 So answe s: R. 'Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this )5' day of a I A. D. Q>ksi r Prothonotary' in his bailiwick. He therefore . (01fire of P Shrriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)255-2660 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin ARMSTRONG JOSEPH ANTHONY Vs • ARMSTRONG JOHN FRANCIS J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chef Deputy Sheriff's Return No. 1959-T - - -2001 OTHER COUNTY NO. 01-4331 AND NOW: July 20, 2001 PFA NOTICE OF HEARING & ORDER ARMSTRONG JOHN FRANCIS to HIM 1 true attested copy(ies) of the original PFA NOTICE OF HEARING & ORDER and making known to him/her the contents thereof at 3049 CANBY STREET APT. #18 HARRISBURG, PA 17103-0000 DEFENDANT NOTIFIED OF EVICTION, WEAPONS & PERMIT ALREADY TAKEN. Sworn and subscribed to before me this 23RD day of JULY, 2001 V'• Of PROTHONOTARY at 11:55AM served the within upon by personally handing So Answers, k? Sheriff of,DDauphin County, Pa. By , ;;,0g Deputy Sheriff Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO BORDNER ? i In The Court of Common Pleas of Cumberland County, Pennsylvania Joseph Anthony Armstrong vs. John Francis Armstrong SERVE: John Francis Armstrong No. 01 4331 civil Now, July 18. 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA **Weapons confiscation and exclusion from 2 properties. Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA 20 , at o'clock M. served the JOSEPH A. ARMSTRONG, Plaintiff VS. JOHN F. ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-4331 CIVIL PROTECTION FROM ABUSE IN RE: PETITION FOR INDIRECT CRIMINAL CONTEMPT ORDER AND NOW, this S day of September, 2001, the court being unable to conclude, beyond a reasonable doubt, that our previous orders of court were violated, the pending petitions for indirect criminal contempt are DENIED. Jaime Keating, Esquire Chief Deputy District Attorney Jerry Russo, Esquire For the Defendant x4M 4v,&J-4 :rlm s_o5-o 14--- BY THE COURT, i) ,., ? J?. y ,'. u