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HomeMy WebLinkAbout01-05537BARBARA ANN SPANCAKE IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. 01-5537 CIVIL TERM ANTHONY FORMANGGIONI :PROTECTION FROM ABUSE ORDER OF COURT AND NOW, October 1, 2001, David Lopez, Esquire, appearing on behalf of the plaintiff, and having requested a continuance, hearing in the above matter is continued generally, to be relisted by either party. B G offer, .J. David Lopez, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Anthony Formanggioni 313 Hummel Avenue, Apt. 3 Lemoyne, PA 17043 o~'" ~ ~ 6C p~.o C,10. '*' "~a~ta-s+~rrm~rFs.-i~~e3..,,,~a~ +< =t_::. .- x.,.. __-.... ,.~.3.~ax~mr~t~t~w6~~bs+~-ares .-~' _ _4",'rye ~. n ;1: f. _. .,. . BARBARA ANN SPANCAKE, Plaintiff vs. ANTHONY FORMANGGIONI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O1- Ss3~ 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 reside,.~nc--e and lose of Jher important rights. A hearing on this matter is scheduled on the /'a'~day of G7~~, 2001, at~M. Courtroom No. ,~ on the 4th Floor of the Cumberland County Courthouse, l 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 ofPuerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth 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. }i ~1~~i/~-i .~1Nr~'~7 „~SNA+~ ~r ~~ "' ',~' G~5 i,.i ~,_,, ; ,~,~ ..; a BARBARA ANN SPANCAI{E, Plaintiff v. ANTHONY FORMANGGIONI, Defendant In the Court of Common Pleas of Cumberland County, : PENNSYLVANIA No. Ol- 553 Civil Action -Law Protection From Abuse No. CIVIL ACTION -LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: ANTHONY FORMANGGIONI Name(s) of All protected persons, including Plaintiff and minor children: 1. BARBARA ANN SPANCAKE AND NOW, on 24th Day of September, 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, stalls or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: Longmeadow Apartments 10 Richland Lane, Apt. 201 Camp Hill, PA or any other permanent or temporary residence where Plaintiff or any other person protected under this Order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. 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 listed above. Plaintiffs current place of employment, listed below, and any other place where she may be employed during the term of this Order: Community General Osteopathic Hospital 4300 Londonderry Road Harrisburg, Dauphin County, PA 4. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted: Defendant is enjoined from damaging or destroying any property owned by Plaintiff. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH LOWER PAXTON TOWNSHIP POLICE DEPARTMENT 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner 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 MARCH 24, 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 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 Sheriff s 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. Distribution to: David A. Lopez, Attorney for Plaintiff MidPenn Legal Services PFAD Number: ED1335438P BARBARA ANN SPANCAICE, Plaintiff v. ANTHONY FORMANGGIONI, Defendant In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA No. O1- Civil Action -Law Protection From Abuse PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: BARBARA ANN SPANCAKE 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. BARBARA ANN SPANCAKE 4. Plaintiff s Address is :Longmeadow Apartments ,10 Richland Lane, Apt. 204 ,Camp Hill, PA 17011 5. Defendant's Name is: ANTHONY FORMANGGIONI 6. Defendant's address is: unknown. 7. Defendant's Place of employment is: Centimark Corporation, 1400 Hummel Avenue, Lemoyne, PA. Telephone: (717) 731-4750. 8. Defendant is an adult. 9. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimatepaytner 10. The defendant has been involved in a criminal court action. 11. The facts of the most recent incident of abuse are as follows: On about Saturday, September 08, 2001 at approximately 4:OOPM location: Weis Market in Camp Hill, PA Defendant telephoned Plaintiff s residence and left messages on her answering at approximately 1:20 p.m. and 2:10 p.m. In one message, Defendant, who was calling from a cell phone, stated that he was watching as Plaintiff s friend, Tina, drove by in Plaintiff s car. Plaintiff became alarmed that Defendant was watching her activities. Later the same day, at approximately 4:00 pm., Defendant followed Plaintiff when she took Tina's 6 and 9-year-old children with her to the grocery store. Unaware that Defendant had followed her, Plaintiff was startled when she turned and saw him standing directly behind her. When Plaintiff tried to ignore Defendant, he threatened that she was going to get what was coming to her. As Plaintiff and the children tried to move away from Defendant, he raised his hand in the air and pointed his finger downward at Plaintiff to call attention to her, and made inappropriate sexual remarks about her in a loud voice. Defendant's behavior alarmed Plaintiff, and when he continued to follow them about, the children became fearful and one child clung to Plaintiff while the other child hid behind a customer's shopping cart until Defendant left. About 45 minutes after Plaintiff returned home from the grocery store, Defendant telephoned her residence and she hung up on him. At approximately 8:15 p.m. Defendant telephoned Plaintiff s home and left a message on her answering machine threatening, "You don't fuck with the big cheese." Defendant often referred to himself as the big cheese. Later the same evening, Defendant telephoned Plaintiffs residence and left a message on the ~: answering machine saying that he was following her car. 12. 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 mid-July 2001, Defendant yelled at Plaintiff, shoved her against the wall, and grabbed her by the neck and pinned her to the wall. During this incident Defendant threatened to call Plaintiffs employer and have her fired. In or about early July 2001, as Plaintiff slept, Defendant gained entry to her bedroom using a table knife to open her bedroom door. Once inside the room, Defendant jumped onto of Plaintiff as she lay in bed, choked her with both his hands, grabbed and twisted her breasts, held her arms over her head and tried to remove her bed clothes. Plaintiff screamed and resisted Defendant. Defendant got off of Plaintiff and left the room when she threatened to have him charged with rape. Plaintiff called 911 and the East Pennsboro Township Police responded. Plaintiff sustained bruising and soreness about her breasts and arms, and soreness about her neck as a result of this incident. 13. 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 DAUPHIN COUNTY DISPATCH PAXTANG POLICE DEPARTMENT 14. There is an immediate and present danger of further abuse from the Defendant. 15. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: Longmeadow Apartments 10 Richland Lane, Apt. 201 Camp Hill, PA Rented By:Plaintiff, Barbara Ann Spancake. 16. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: lost wages. 17. 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 childlren in any place where Plaintiff maybe found. b. Evict/exclude Defendant from Plaintiff s residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. 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 andor visitation with the minor children. . d. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. e. Order Defendant to pay the costs of this action, including filing and service fees. f. Order the following additional relief, not listed above: Enjoin Defendant from damaging or destroying any properly owned by Plaintiff. g. Grant such other relief as the court deems appropriate. h. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be~ved. ~_ ~ Respectfully Submitted by: David A. Lopez, Esq. Agency: MidPenn Legal Services 8 Irvine Row Carlise, 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 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. Dated: lam! l'" 0 ~ VJ~I.t.C~{~.c.. ~/yNt „L{,~-a~-~ Barbara Ann Spancake, Play tiff _ n~.~.~*e4~.m..-es =a;u>m ~a,+m~.n.~;,rar~iemai~~~d eMaa~ -...,.... ._ ,,.., ~ ~ ~ i. ..:: a < _> >- ii LG: k- ~.. ~ f..;:. ~' t-' I .. h L~ ~ ~~ .J (.~. _ _ _ ' _.~ ~J ~~ ~~ • ~' ;~ ~ 1 91'~ ~~ __ ~- `a` c~/ ry"~ ~-- _~+~. ~ c ~` j~ I ,p `. a ~V ~~ ~~ ~;., ,,~ ~ .~k X "~} r+ ~. G r~ d :. s.... ,... _, 1..,_....... _ _. .. .... _ -- l~wssitifla.i 09/24/01 MON 15:37 FA% 717 240 6573 CiiMR CO PRfiTAnNnTARV fh nn» tsffig~ss$i $'~SSSSSSffii8ssssssN~ sss MULTI TN REPORT sws ssssasssssssssassassssssss: T%/R% NO 2814 INCOMPLETE T%/R% TRANSACTION OR [ O179p2490779 PSP [ 0319p2405331 CP [ 04]92438026 LS ERROR OFFICE OF 'IHE PROTHCNO'CARY CIJNIDERLMID G10(.R•fl'Y COURTNCUSE ONE GC)UR'RiOUSE 50UARE CARLISLE, PA- L7013-3387 (7171 240-6195 FAx (717) 240-6573 V I A T S L E C O P I E R TO; PA STATE POLICE - CCw~• P!?04GSa•` M» P• ~•S" FpX q- 717-249-0779 ~; CURTI5 R. LONG [~; PFA ORDERS ME5SaG£: ~/1 ~y NO. OF PANS (IN:'LUQING COp/ER SHEET) h '[txis rt is inter~dad a11y 5x tt~ ise of the indiV]t~r~l ~ HititY In rhi[ii is i5 a•~ OQ1Yclii1 ji1(~471Hr1C11 ~ Ul~X i5 pCivi]9~, OQit7dHitLi1 aCtd ~~ ~cYtl Aierlrra mP ~~ ,3~pLiCEhls is rot tl~ zrri~x~l recipiiErit, ycu me ~! rc7tifiscl t3et a'y das~Emu~r~- a ~r,;Fnn ~ tl»s CoAnalicatim is strictly lxr~hibita~. IE }aa hove z~t`~ ~ crmnnir.~::in'~ its ea»ar, ~ rori~Cy is inAa3.iafELy ~ ~i:nu aid Leami U~ 1 ~3' m Llw a~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-05537 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPANCAKE BARBARA ANN VS FORMANGGIONT ANTHONY KENNETH GOS5ERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon FORMANGGIONI ANTHONY DEFENDANT the at 1825:00 HOURS, on the 24th day of September, 2001 at CENTIMARK CORP 1400 HUMMEL AVE LEMOYNE, PA 17043 by handing to ANTHONY FORMANGGIONI a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this ,t P ~ day of ~,e%a A . D . C~,,..~~. n , ~- P othonotary So Answers: ~~ R. Thomas Kline 09/25/2001 By: D ut S riff