HomeMy WebLinkAbout01-04596DORA SULLIVAN,
PLAINTIFF
VS.
DAMON TOQUIN SULLIVAN,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2001-~ 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 maybe entered against you granting the relief
requested in the Petition. In particular, you may be evicted from your residence and lose other
important rights.
AHEARING ON THIS MATTER IS SCHEDULED ON ` ~IOI,AT
/j~ l S Q- .M., IN COURTROOM NO. ~~OF T CUMBERLAND
COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA.
You MUST obey the Order that is attached until it is modified or terminated by the wort
after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this
Order may subj ect 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 fmd 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
acwmmodations available to disabled individuals having business before the wort, 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.
•~
dN~lR11.SNN~~~~~
~ 1 .~, tad I. ^ `Ji1~ 1~
,,
-„ .r
Dora Sullivan
Plaintiff
v.
IN THE COURT OF COMMON
:PLEASOF
:CUMBERLAND COUNTY,
:PENNSYLVANIA
No. D / - 4~51~6
Damon Toquin Sullivan
Defendant
CIVIL ACTION -LAW
PROTECTION FROM ABUSE
TEMPORARY PRO'T'ECTION FROM ABUSE
ORDER
Defendant's Name is: Damon Toquin Sullivan
Defendant's Date of Birth is: May 8,1972
Defendant's Social Security Number is: 064-58-6063
Name(s) of All protected persons, including Plaintiff and minor children:
1. Dora Sullivan
AND NOW, on 1st Day of August, 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, hazass, 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 wntact 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 residence located at 100A Lincoln Street, Carlisle, Pennsylvania.
Any future place of employment Plaintiff may establish.
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. The following additional relief is granted:
-Defendant shall not harass Plaintiffs relatives.
-Defendant shall not damage or destroy any property owned jointly by the
parties or solely by Plaintiff.
- Defendant shall pay $250.00 to one of MidPenn Legal Services funding
sources as reimbursement for litigation in this case.
5. 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
Harrisburg City Police
York City Police, PA
New York State Police
6. The sheriff, police or other law enforcement agencies aze directed to serve the
Defendant with a wpy 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.
7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL FEBRUARY 1, 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.5. §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
chazges 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 maybe located. If defendant violates Paragraphs 1 through 3 of this
Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An
arrest for violation of this Order maybe 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.
Y E C T:
` Eviw ~,~,~ , Ju ge
~~ ~ ~a Date
Distribution to:
MidPenn Legal Services C~~ia:, "~ ~ 1LLi°~-s
Faxed & Mailed to PSP ~'e.,fce._, ,- /'~ati.duf ~ . /~, x M P~ S
Cumberland County Sheriff
Dauphin County Sheriff
PFAD Number: HT1298439F
Dora Sullivan
Plaintiff
v.
Damon Toquin Sullivan
Defendant
IN THE COURT OF COMMON
:PLEAS OF
:CUMBERLAND COUNTY,
:PENNSYLVANIA
No. O / - ~5 /lo
CIVIL ACTION -LAW
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Dora Sullivan
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. Dora Sullivan
4. Plaintiffs Address is : 100A Lincoln Street ,Carlisle, PA 17013
5. Defendant's Name is:
Damon Toquin Sullivan
6. Defendant is believed to live at the following address:
Dauphin County Prison ,Harrisburg, PA
7. Defendant's Social Security Number is:
064-58-6063
8. Defendant's Date of Birth is:
May 8,1972
9. Defendant's Place of employment is:
unemployed
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Parent /Child
12. The defendant has been involved in a criminal court action.
13. The defendant is currently on probation /parole.
14. The facts of the most recent incident of abuse are as follows:
On or about July 19, 2001, Defendant pulled Plaintiffs glasses off of her
face, pushed Plaintiff onto the ground, grabbed her by the neck and choked
her. Defendant stated to Plaintiff that he wished she would die, grabbed her
by the arm, and pulled her across the ground. When Plaintiff attempted to
stand up, Defendant pushed her down a second time. Plaintiff got up and
fled to the residence. Defendant followed Plaintiff to the residence, grabbed
the phone from her as she attempted to call police, and threw the phone on
the ground causing it to smash into pieces. Defendant threw Plaintiff onto
the couch, restrained her by pushing his knee on her chest, choked her, and
stated he wished she would die. When Plaintiff managed to get free, the
police arrived and arrested Defendant. Plaintiff suffered soreness, bruising,
and scratches as a result of the incident of abuse. Defendant has only resided
with his mother for a period of three months. Plaintiff suffered pain and
reasonable fear of imminent serious bodily injury.
15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the
minor children, (including any threats, injuries, or incidents of stalking) are as
follows:
In or about 1995, Defendant punched Plaintiff in the mouth causing her lip
to bleed and swell.
16. The police department(s) or law enforcement agencies that should be provided
with a copy of the protection order are:
Carlisle Police Department
Harrisburg City Police
York City Police, PA
New York State Police
17. There is an immediate and present danger of further abuse from the Defendant.
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 maybe 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. Order Defendant to pay the costs of this action, including filing
and service fees.
d. Order the following additional relief, not listed above:
Defendant shall not harass Plaintiff s relatives.
Defendant shall not damage or destroy any property
owned jointly by the parties or solely by Plaintiff.
Defendant shall pay $250.00 to one of MidPenn Legal
Services funding sources as reimbursement for litigation in
this case.
e. 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,
Date: ~ ~ ~ `
David Lopez, Attorney for Pl ' ti
MID-PENN LEGAL SER 5
8 Irvine Row
Cazlisle, PA 17013 .
(717)243-9400
Distribution to:
MIDPENN LEGAL SERVICES
Fax and Mail to PSP
Cumberland County Sheriff
,:r,.~~~
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 wrrect to the best of my knowledge. 1
understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating
to unsworn falsification to authorities.
Dated: ~~ ~ ~ / '~{~~Afc> 1~c.~P.O~n,~~, ~
Dora Sullivan, Plaintiff
n
C 4--
' s~. _,
vc
a
'
Wit,
~ n
~:--
E...1
~~_.
f --~ f ~r
Vi
TJ -, i
.~ ~
•J
-.
<A
.
~
.Q
i.
2~"fPl A
i1. .._.,. .: .. - _ _ ~_ .IW;~Z'+rsR~~x ru ~r vax. .. .~zfrv cwr~ .
OS/Ol/Ol I9ED 15:28 FAX 717 248573 + CUMB CO PROTHONOTARY 1~00i
*x~ MULTI TN REPORT x~*~
*~s~e~xs*a~*~~~ss~~~s~*~::w~s*~
T%/R% NO 2739
INCOMPLETE T%/R%
TRANSACTION OR [ Ol]9p2490779 PSP
[ 0319p2405331 CP
[ 04192438026 LS
ERROR
r
OFI'ICF. OF Ti-fE PROTHONQTARX
CUMBERLAND COUNTY COURTHOUSE
ONE CY)URTHIXISE SQUARE
CARLISLE, PA. 17013-3387
(717) Z40~6195
FAX (717) 2406573
V I A T E L E C O P I E R
TO; PA STATE PQLICE ~ CiGM~. /'IP04'C ~~.- M• ~ ~..5•
FAX N: 717-249-0779 ~ ~-~
FRCM: CURTIS R. LONG
RE: PFA ORDERS
t+4~SSAGE
NQ. OF PAGES (IN:.L.UDING GDVER SHEETI
Tttis is inls'>~d oily Scar tl'e use at th? indivirhx~l dr entity ho Fhidt is is ate. 2tld maY
arntain i~frmmhim alai ig ~yj]~~ axi£iGi'3ttial ail 0HIF1t fxan r9imlm~ra UX~ ~ ]a,J. [f
a~ xexler aE alis ~ nit a~ inb?~c'1 Lecipiertr, ynu are h~.~j n~tiEiei aiat a'y d;ss~~~'-
r;;Gl-.;t.fi;rn ~ ~~ Cf this [,rnmx~iratim is strictly ~'hibi.Ga~. I~ yC].t hie ~ aus
otrmutir.~~im in en.~, plus rotifY is iimadiat~ly ky 6eleXi-re ad ceh.¢n tte t~rtzl ne~~ ~ ss a:
Dora Sullivan
Damon Sullivan,
Plaintiff
v.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.O1-4596 CIVIL TERM
PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this 7`h day of August, 2000, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on August 6, 2001, by this Court's Order of August
1, 2001, is hereby continued generally.
This Order is entered without prejudice to either party to request a hearing.
The Temporary Protection From Abuse Order shall remain in effect for a period of eighteen
months from the date it was entered, August 1, 2001, or until further Order of Court, whichever
comes first.
By the Court,
/>,
A. Hess, Judge
David Lopez
MIDPENN LEGAL SERVICES
Attorney for Plaintiff
a~~
Damon Sullivan
Pro Se Defendant
~.~, ~~'bit?dS~~J~ ~V.n~
s W' :Zt dds' D 19li~ ~'.?
".u-
~'_'
.. ~ st€~¢~'~°~s ate,..--s s,a•,E ~x~,,au~p$.aa~~at~~i-
I
s
Dora Sullivan
Plaintiff
IN THE COURT OF COMMON PLEAS OF
Damon Sullivan,
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO.O1-4596 CIVIL TERM
Defendant :PROTECTION FROM ABUSE
MOTION FOIE CONTINUANCE
The Plaintiff, Dora Sullivan, by and through her attorney, Joan Carey of Legal MidPenn
Services, moves the Court for an Order generally continuing the hearing in the above-captioned case
on the grounds that:
A Temporary Protection From Abuse Order was issued by this Court on August 1,
2001, scheduling a hearing for August 6, 2001, at11:15 a.m.
2. The Cumberland County Sheriff s Department deputized the Dauphin County Sheriff
to serve the defendant with the Temporary Protection From Abuse Order and Petition for the above
captioned matter.
3. The defendant was served with the Protection From Abuse Order and Petition on
August 3, 2001, at 12:19 p.m. at the Dauphin County Prison, Dauphin County, Pennsylvania.
4. Since the defendant is currently incarcerated in the Dauphin County Prison, MidPenn
Legal Services was informed by the Cumberland County Sheriff that they need a two or three day
notice to arrange transportation for the defendant to a hearing. Furthermore, MidPenn Legal
Services is requesting a Continuance to afford then time to negotiate a Consent Agreement.
1
The Plaintiff requests that the Temporary Protection From Abuse Order remain in
effect for a period of eighteen months from the date it was entered, August 1, 2001, or until further
Order of Court, whichever comes first.
WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this
matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a
period of eighteen months from the date it was entered or until further Order of Court, whichever
comes first.
and David
MIDPENN LEGAL SERVICES, INC.
8 Irvine Row
Cazlisle, PA 17013
(717)243-9400
~ ~
7 ~ t--
7
' z
i
; Ci.. 7 J
~~
r
- ~
,
_
`~ ~
~
a
~-
<=; c.~
L
SHERIFF'S RETURN - OUT OF COUNTY
._
CASE NO: 2001-04596 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SULLIVAN DORA
VS
SULLIVAN DAMON TOQUIN
R. 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
SULLIVAN DAMON TOQUIN
but was unable to locate Him
deputized the sheriff of DAUPHIN
serve the within PROTECTSON FROM ABUSE
County, Pennsylvania, to
On August 9th 2001 this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep. Dauphin 25.50
.00
62.50
08/09/2001
So answer ~-
R, homas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this /L w" day of ,,,1~'
~/ A.D.
P ~ 72~ o ~a~~f
to wit:
in his bailiwick. He therefore
. ~,e:~x}.mr..ax .. .
(1~~~t~Q a~ ~ ~~p~tff
Mary Jane Snider
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717)255-2660 fax: (717)255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
ChieT Deputy
Michael W. Rinehart
Assistant Chef DepuTy
Commonwealth of Pennsylvania suLLIVAN DoRA
vs
COUIIYy Of D8U~1111I1 SULLIVAN DAMON TOQUIN PERSONAL
Sheriff's Return
No. 2102-T - - -2001
OTHER COUNTY N0. 01-4596
AND NOW: August 3, 2001 at 12:19PM served the within
PFA NOTICE OF HEARING/ORDER & PETITION upon
SULLIVAN DAMON TOQUIN PERSONAL by personally handing
DCP #D52076
to HIM 1 true attested copy(ies)
of the original PFA NOTICE OF HEARING/ORDER & PETITION and making known
to him/her the contents thereof at DAUPHIN COUNTY PRISON
501 MALL ROAD
HARRISBURG, PA 17111-0000
Sworn a'nd subscribed to
before me this 7TH day of UGUST, 2001
PROTHONOTARY
So Answers,
~P~°i~
(/ _
Sheriff~of Din Co nty, Pa.
~r<~/ 1~
By
Deputy eriff
sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
MARTIN
In The Court of Common fleas of Cumberland County, Pen~as~lvania
Dora Sullivan
Damon ToquivnS~SUllivan
SERVE: Damon Toquin Sullivan
No. Ol 4596 civil
Now, August z, cool
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of ~uPh's' County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
~~
Sheriff of Cumberland County, PA
Affida`rit of ~~rviee
Now,
within
upon
at
by handing to
a
and made known to
copy of the original
the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
me this _ day of , 20
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
20_, at o'clock M. served the
County, PA
,~.~:~