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Home My WebLink About01-06024 . ,-,--~- e, ,"". '<.',-,-, " . >\'1 > , ~ ~~CT ~01 LAURETTE Me TRICE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE VINCENT G. TRICE, Defendant : NO. 01 - (,,02Y CIVIL TERM NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foIlowing pages, 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. .L -+ I A hearing on the matter is scheduled for the ~ day of 0 c.-\ulacJ ,2001, at q:ro ~ __m., in Courtroom I at the Cumberland County Courthouse, 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 fme of up to $1,000.00 andlorup to six months injail under 23 Pa.C.S. ~ 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 US.C. ~ 2265, this Order is enforceable anywhere in the United States, tribal lands, US. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 US.C. ~~ 2261-2262. YOU SHOULD TAKE TillS PAPER TO YOUR LA WYERATONCE. YOUHA VE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU IF YOU DO NOT HA VEA LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT FIND A LA WYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prio! to any hearing or business before the court. You must attend the scheduled conference or hearmg. ~. , ' ( ,~~ . -. ," ~ ", , "____~,~~,"f" ';', ~,- ~$ , . -,~" ~'~~ ~< ~. ~,=, .- F1LF:D-Oi:FICE ^'" -, I'" ',-,~-" '" I ,_. 'iY ')r- 11' :--- I~'-'i .: -,' ~t'. [ '1:-" 't "I l' -,I, ,',.'.',c,-, /" 01 OCT 19 PH 4: 00 CUMBdV.,'iLi COUNTY PENNSYLVANiA ~ -, ~w ,~, ~>J .~" ~ y ~. <_~~ ..111 ~.-",'1;,_~,~,;,f;'m~,-"\'~"n~W'!flf~"'~I*1-~p!~jl,7j~~~~~-~~-~~~~~~ , , - .,- ,;.,- ~ '" , , -- ,'- - .'. '.'~ '"" ',>;,"1 LAURETTE M. TRICE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION-LAW IN PROTECTION FROM ABUSE VINCENT G. TRICE, Defendant : NO. 01 - (. o;/.. 'I CIVIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Vincent G. Trice Defendant's Date of Birth: 4/4/62 Defendant's Social Security Number: 204-50-1725 Names of All Protected Persons, including Plaintiff and minor child/ren: Laurette M. Trice AND NOW, this \ 4 tLday of 0::-( f)/:,u ,2001, upon consideration of the attached Petition for Protection From Abuse, the court hereby enters the following Temporary Order: [X] 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 evicted and excluded from the residence at or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premise~. [X] 3. Except for such contact with or regarding the minor child as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. [X] 4. Except for such contact with or regarding the minor child as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. [X] 5. The Custody Order dated November 29, 1999, entered by this Court in Trice v. Trice. No. 99-7021, remains in effect. A copy of the November 29, 1999 Custody Order, as well as the March 3, 2000 Order, No. 99-6903, consolidating the PFA and Custody Actions, are attached to the Petition as Exhibits "A" and "B." [X] 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs office: Any and all firearms in Defendant's possession or control. -'1,~4 ,",.. ~ ~",- ";',-,-'-,<-, """ .-.'1;': Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. [X] 7. The following additional relief is granted: The Cumberland County Sheriff shall deputize the Philadelphia County Sheriff to serve the Defendant with this Temporary Order, Petition, and Order for a Hearing. [X] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Silver Spring Township Police Department [X] 9. TmS ORDER SUPERSEDES [X] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [X] 10. TmS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY TmS 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 9 6114. Consent of the Plaintiffto 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. 9 6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Permsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.c. 99 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 6 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 ill 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 weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. ~I Date , ,.__ -, ",'"-~-'; _o.~ ,~, ",",.t __ ,,',' ",. ,'; .-'" LAURETTE M. TRICE, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE VINCENT G. TRICE, Defendant : NO. 01 - ~o;;Lf CNIL TERM PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Laurette M. Trice 2. I am filing this Petition on behalf of [X] Myself and/or [] Another Person. 3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Laurette M. Trice 4. [] Plaintiffs address is confidential or [X] Plaintiffs address is: 122 Willow Mill Park Road, Mechanicsburg, P A 17055 5. Defendant is believed to live at the following address: 215 North Robinson Street Philadelphia, PA 19103 Defendant's Social Security Number (if known) is: 204-50-1725 Defendant's date of birth is: 4/4/62 Defendant's place of employment is: Unknown [] Check here if Defendant is 17 years old or younger. 6. Indicate the relationship between Plaintiff and Defendant. [] Spouse [] Current/former sexual/intimate partner [] Parent/child [] Other relationship by [X] Ex-spouse [] Persons who live or have lived like spouses blood/marriage [X] Parents of the same child(ren) 7. Have Plaintiff and Defendant been involved in any of the following court actions? [X] Divorce [X] Custody [X] Support [Xl Protection From Abuse If you checked any of the above, briefly indicate when and where the case was filed and the court number if known: Divorce: Cumberland County - Filed 3/12/01 - Docket No. 01-0137 - Final Decree issued on 7/2/01. Support(Child): Cumberland County - December 6, 1999 - Docket No. 01080 S 1999 Custody: Cumberland County -Filed 11/19/99 - Docket No. 99-7021 - Order issued 11/29/99 and Docket No. 99-6903. - Order consolidating PFA and Custody Actions, issued 3/3/00, (attached as Exhibits "A" and "B"). PFA: Cumberland County - Filed 7/31/98 - Docket No. 98-4428 - Vacated "'i , " -, ,- ~\-,,- - --;'1 , "",' , ,~'--;.~ j -~I~,i 8. Has the Defendant been involved in any criminal court action? Unknown If you answered Yes, is the Defendant currently on probation? No 9. Plaintiff and Defendant are parents of the following minor child: Name: Joselyne T. Trice Age: 7 (DOB: 6/15/94) who resides at (list address unless confidential): 122 Willow Mill Park Road, Mechanicsburg, P A 17055 10. If Plaintiff and De.fendant are parents of any minor childlren together, is there an existing court Order regarding theIr custody? Yes If you answered Yes, describe the terms of the Order (e.g., primary, shared, legal andlor physical custody): Plaintiff Primary physical and shared legal Defendant: Partial physical and shared legal A copy of the November 29,1999 Custody Order, as well as the March 3, 2000 Order consolidating the PF A and Custody Actions, are attached to this Petition as Exhibits "A" and "B." If you answered Yes, in what county and state was the order issued? Cumberland County, P A If you are now seeking an Order of child custody as part of this petition, list the following information: N/A 11. The following other minor childlren presently live with Plaintiff: N/ A 12. The facts of the most recent incident of abuse are as follows: Approximate Date: 10/12/01 Approximate Time: 1:00 am Place: Plaintiff's Home Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking medical treatment sought, andlor calls to law enforcement: On October 11, 2001, Plaintiff allowed Defendant's girlfriend to spend the night at her house. On October 12, 2001 at approximately 1: 00 a.m. Defendant called Plaintiff on the telephone and said, "I have two guns under the bed and I'm going to come kill you." 13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor childlren, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred: There is a long history of abuse by the Defendant. Between the years of 1993 and 1998, Defendant pushed, shoved, and punched Plaintiff leaving serious bruising. In 1997, Defendant locked Plaintiff in a bedroom for several hours on more than one occasion. In or about March or April of 1998, Defendant held a knife to Plaintiff's throat. In or about June of 1998, Defendant held a loaded gun to Plaintiff's head and showed her the bullets in the chambers. On several occasions during that same time frame, Defendant brandished a gun at Plaintiff. Defendant, in the past, has told Plaintiff that if she tried to leave him that he would kill her, her parents and the children. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor childlren: Military-style knife with a long blade and a handgun. "'i , ~,-; -"'-'-""-'<- '~'-"'''- , , ,~, 15. IdentifY the police department or law enforcenl.ent agency in the area in which Plaintiff lives that should be provided with a copy of the proteqtion order: Silver Spring Township Police Department 16. There is an immediate and present danger of fo/ther abuse from the Defendant. , CHECK THE FOLLOWING BOXES ONLY IF THE]Y APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION i [] Plaintiff is asking the court to exclude the Dffendant from the following residence: , []owned by (list owners, ifknown): Laurette rvt. Trice [] rented by (list all names, if known): []Defendant owes a duty of support to Plaintif1 andlor the minor children. []Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: I. FOR THE REASONS SET FORTH ABOVE, I REQTbST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A ~iNAL ORDER THAT WOULD DO THE FOLLOWING (CHECK ALL FORMS OF RELfEF REQUESTED): i [X] A. Restrain Defendant from abusing, threatening, ~arassing, or stalking Plaintiff in any place where Plaintiff may be found. 1 [] B. Evict/exclude Defendant from Plaintiff's residpce and prohibit Defendant from attempting to enter any temporary or permanent residepce of the Plaintiff. [] C. Require Defendant to provide Plaintiff and/or rhinor childlren with other suitable h . i ousmg. ' [] D. Award Plaintiff temporary custody of the minor childlrenand place the following restrictions on contact between Defendant and childlrep.: [X] E. Prohibit Defendant from having any contact w~th Plaintiff, 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 emplpyment, except as the court may fmd necessary with respect to partial custody and or visitation with the minor child. ! [X] F. Prohibit Defendant from having any contact wjth Plaintiff's relatives, except as the court may find necessary with respect to partial custody and{or visitation with the minor child. , [X] G. Order the Defendant to temporarily turn over ,*~~pons to the Sheriff of Philadelphia County and prohibit Defendant from transferring, acql}iring or possessing any such weapons for the duration of the Order. ~z; .. . . ~. - '" - ~.. , ~, -- , f:l!Il!!..I'l,'; [] H. Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical support and [] payment of the tent or mortgage on the residence, [] I. Direct Defendant to pay Plaintiff for the reasonable fmanciallosses suffered as the result of the abuse, to be determined at the hearing, [X] J. Order Defendant to pay the costs of this action, including filing and service fees, [] K. Order Defendant to pay Plaintiffs reasonable attorney's fees, [] L. Order the following additional relief, not listed above: That the Cumberland County Sheriff shall deputize the Philadelphia County Sheriff to serve the Defendant with this Temporary Order, Petition, and Order for a Hearing, [Xl M, Grant such relief as the court deems appropriate, [X] N, Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, !l11Y Order issued, and the Order for Hearing, The Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served, October 19, 2001 ~~ Certified Legal Int if LN- 0- MAS M. PLACE OBERT E, RAINS TERI L. HENNING Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 2) ~-~i~f;"";;'--"-'--iliiMi~~:Ii:liIl~_~~":i~".hi'-i,_',n,;>".,.-~.,;tMkldlio:\,,j1~'Jtk,w~.'l~iT~'.r ,,-:dJ; Ll 11II1m. 11!ll;l11~jJJl!Jltljl}JJH" .....,;~, ,',-~[_" 0 " -"",,__".~""'''''',,_,',_,,1' ~" ,~, ,",__, , ...^" ,'~_. . ,"~ .--~, -" (") (.-:> () C <: ..." 23 g.; ,::) ::..;1 C) -"-- ,,',' .....; ;";71# ";ri-~ u22~;: c"',r;:-r \D :1<;,? -:~ .,-- ,"'-, S~Cj U ::1:'1'-> ~"() -".'~ j'~~ .~, -,C) p, C:: W Om ~ ::- '" 55 (;:) -< -,-" ~ .~ . _.,.1 e) we: ff1i >-~ C,:::' .c' ,. u. C - ~/.o< "W,-, ~,J- ~~ ..,i~:'-,I",-,:" LAURETTE TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW VINCENT TRICE, Defendant No. 99-7021 CIVIL TERM U"j ~ Z ::J~ 8?' ORDER OF COURT ,," :c: 0.. (-, -' ! AND NOW, this 29th day of November, 1999, N , (. l ~ppp consideration of the petition for protection from abuse, and pursuant to an agreement reached in open court u between the Plaintiff and her counsel, Richard Gaffney, Esquire, and Defendant, pro se, it is ordered and directed as follows: 1. The Plaintiff, Laurette Trice, agrees to withdraw her petition for protection from abuse at No. 99-7021 without prejudice. 2. The Defendant agrees to withdraw his protection from abuse petition filed in Dauphin County Court of Common Pleas without prejudice. 3. Mother shall have primary physical custody of the parties' daughter, Joselyne Thurayyah Trice. 4. The parties will share legal custody of their daughter. 5. Father will have periods of partial physical custody as agreed to between mother and father as follows: Father will provide mother with one week advance notice of the day on which father will exercise his period t'i.nl'O\ '\ \< p." l! .'" w_ ^-, ' . , of partial custody, said period of partial custody will commence at 3:30 p.m. and end at 7:30 p.m. Father will advise mother one week in advance as to the place at which the custody transfer will occur. The mother will provide transportation to and from the point of custody. 6. There shall be reasonable notice given to a party if the scheduled period of visitation needs to be cancelled or modified, and a make-up period shall be offered within a reasonable time. 7. Mother and father agree that each shall notify the other immediately of medical emergencies which arise while their daughter is in that parent's care. 8. Neither party shall, while having a period of custody or partial custody with daughter, consume any alcoholic beverages or non-prescription drugs. 9. Neither party shall do anything which may estrange daughter from the other parent or injure the opinion of daughter as to the other parent or which may hamper the free and natural development of daughter's love or respect for the other parent. 10. Mother and father intend that this stipulation will be adopted by and entered as an Order of Court effective as of the date of this stipulation. The partial custody periods provided for herein shall be once per week, and the custody provisions . -""'"""",,"~:i n "'" " "IiJ l'. '''-,w"-",,, hereof shall continue until the custody conciliation conference scheduled in this matter in January 2000 and further Order of Court. Richard Gaffney, Esquire For the Plaintiff Vincent Trice, Pro Se P.O. Box 5155 Harrisburg, PA 17108 Defendant wcy By the Court, _ ~,~.,,{, /;>,/3!qq. ,S-p. i' ,-- ';,' - " IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF CUMBERLAND COUNTY, PENNSYLVANIA LAURETTE CASTAGNOLA TRICE, Plaintiff CIVIL ACTION-LAW NO. 99-6903 CIVIL TERM IN CUSTODY V. VINCENT TRICE, NO. 99-7021 CIVIL TERM PROTECTION FROM ABUSE Defendant ORDER OF COURT AND NOW, this 'S,. J day of WI 2.J c.L "---1..--'~""'~k,L~,,,,: FES -fhooJb -,\3 , 2000, upon consideration of the Plaintiff's Motion for Consolidation of Action and after a review of the record, it is hereby ordered that the actions in Docket No. 99-6903 and Docket No. 99-7021 are hereby and shall be consolidated into one action in Docket No. 99-6903. By the Court, \~ 3-3-00 RKS " f;l.\--\ \ \0 \ \ '^ 0 ::::i -< r:y ''V '0 c:) Co n ";::"J :, ~'''' :~::J , Co) : ~-"j : j-;:E.l 'L'i_[1 '.-::-;C) ~~-?, (-S ~;--' "]") (,~{~ .c;1rn -1'-. ~j=) -< "".; ,- ,,-"'~ ,~ ,,;;:,,-"~, ,: '0" , ',- -^ c' - '",' ,,' .;..,""- .;..." ';,: .,:- :,,~'^': \-."._ '1 ,- <"'J~--'~' 'c '~J;.;'_ ,-';' ",- .~- - ~'iA', ", >. VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S S 4904, I verify that I am the Plaintiff 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, information and belief. /0//8/01 Qate I ~~11/~ Laurette M. Trice ~,^," ,',.,_ __~ ~ ~".X: L~~~~OOi.~ili:i'M!l;"-Ikl~1f',;!;@~~iw.<ll~M"'N",-,'.i;i:'&-;hID:':"ilili't,""",-'hiik"".-'f,,",;~1'"ntii!'&,!!<,'w,\il,\\ll,,glii:i;l"'1~j-~" "Jf~-' ~~ (.. ..[ ! J -~, 'mllill;""'"'-:'''''''-11II' ~^t~~ ,~ . 1M!.." [Li!l!.IW.H J!.J\!J~ILi,J~, ,~, ."""~,,,w,,,,,,,,,,,,,,,,,, ,,,"~,, "", "'" ,"" r: ~ f~~ u> b ,," i(ift"bIIIIiIiiII :n ~ 0> )J ..c. '. <:) U\ ...... 3 o c :;;",. af;~ ~~ ~~~ '2:::1 ",:':. ~C) )>l' "7 " :;0 c: z :< \"..:J -":::) C) --< '.0 -0 ::I:: W ;:- c:> " -~.-'" - - c . . o ~n :o! ,-:::;1:::T.l "', ,~'~9 >:-;'jQ :.:r:::H ~~C) om ~ :0 -< ':;. ~~ ~. 'l.." <\- }{ l; .,., '" "}- '\J v' "19 ~~\ R-':;' -"-j - ~-r ~~ ...,".,) :)" ~""-C> ~ +-?l ....."'- ~ Co '1 ...., i .E;- ~ O.li""''"_' 10/19/01 " ~~...-;j"~,..",-,,,"' FRI 15:22 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 " *************************** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2848 01l9p2490779 03]9p2405331 PSP CP ERROR , , OFfICE OF 'IJ1E PROTH(XII()TARY CUM8ERLI\ND CXXJNTY COURTIiC1JSE ONE COURTHC1JSE SQUARE CARLISLE, PA. 17013-3367 (7111 240-6195 FAX (717) 240-6573 V I ATE L E COP I E R TO; PA STATE POLICE - CellI. fHlte.St-. - ,.... (J. J..S . FAX .: 717-249-0779 fRCM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: ---..--- --9.-- 00. OF PAGES (INCLUDING COVER SHEET) 'lt1is ~ is iub;,LW cnly fix ttB lEe of l:te jrdiv.idal r;r:: 8ltity II) .tdch is is ..dia;;; '-1, .;rd I1Uf o::ntain inf\:mrEd;irn. ttet is p:ivi.J.Eg;d. anfid31tia1 em ea:np: fron di...-l.....1rP. I.fl:'I;!r 'lP1 i"*iJ" Iilor. [f liE ~ of this Ii 7 is rot tl"E iota"lkA ncipialt. ~ are ~ rot:ifiErl tret aYf d.is;;EtniMtJo;. d.isI:ribJtim r;r:: a:p,(ifg of t:tris cx:mrt..I"Ii.ca..Jm ~ strictly p:c:hibi.ta:l. If)Q.l!"me rea;:iw:1 l.tu5 cunnnir.:r...im ID =. p1a:r3e rot.il:y LS imrEdiatEly ty ~:re .:rd return tie adgirelll: "W to u; Cll .. . _~.1...-_ _...:_ '""_ fl C' O"Y'V""t-::::.l CI!:Ir\,.;ru ~ \X"ll_ _~, ~~,_ '~"^_~"~_^'>_" ~"U l~ -,~. ~ . NOV 2 8 20011f1 . , FiLE[),OFFC:: "v' r.,- '~,1.,' :~~~Y"T)":.'-I"i(""::'i'.RY ." I ,.~ II'~.', ~'.J,l~ RICHARD W. HOY & ASSOCIATES BY: Joseph J. Valvo, Esquire ATTORNEY ID: 82475 1420-22 Chestnut Street Suite 600 Philadelphia, PA 19102 215-564-4700 01 NOli 30 PM 2: 19 CU~1/,8C";iLJ\'\iJ COUNTY PP\!C,,;;:VI \tA.\"!, _1 ,''lY1L~J .1")" LAURETTE M. TRICE vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYL VANIA VINCENT G. TRICE CIVIL ACTION LAW IN PROTECTION FROM ABUSE NO.: 01-6024 CIVIL TERM ORDER OF COURT AND NOW, this ~day of -fIJ 0\1" ....,L:.~ ,2001, upon consideration of Respondent" s Petition fo~ a..Continuance, it is hereby ORDERED and DECREED that the hearing in this matter scheduled for November 13,2001, at 3:30 p.m. shall be continued until iJpl' _' /1 . 2001 at /: 36 p. m . .I ;v.~~ >>. . I / I The Temporary Protection From Abuse Order sha!l remain in effect for a period BY THE COURT: tI },'II, ."'1 if ,I l':l I. , ;,__ I ;~ i , ~1 'f .,ill ., 11 t11, II! I .j" ~ 1- ,~/ " ,~ :' -,l' of 18 months from the date it was entered, through April 19, 2003, or until further Order of the Court, whichever comes first. J. \ 1 \, , \- ~ ~:. j ~~ ; . '.' . .. J> , ,'.. ,~ ~.,.~ RICHARD W. HOY & ASSOCIATES BY: Joseph J. Valvo, Esquire ATTORNEY ID: 82475 1420-22 Chestnut Street Suite 600 Philadelphia, PA 19102 215-564-4700 LAURETTE M. TRICE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA vs. VINCENT G. TRICE CIVIL ACTION LAW IN PROTECTION FROM ABUSE NO.: 01-6024 CIVIL TERiVl PETITION FOR A CONTINUANCE The Respondent, Vincent Trice, by his attorney, Joseph J. Valvo, Esquire, hereby petitions This Honorable Court to grant a continuance of the hearing in this matter, currently scheduled for November 13, 2001, at 3:30 p.m. In support of his petition, ... Respondent represents the following: [I' ~" t '.,' ! :' iJ ,I II, ~.!I....~,..,... f ,:, j.; ; 111.1 .' ......,....1 "1,' .~ ~i i , .. ';> ,Iii I;" ., ',' ,,' " j!' '!, : ~ \ " ...~: I. The Petitioner is Laurette M. Trice. 2. On October 19.2001, a Temporary Protection From Abuse Order was issued against the Defendant, Vincent G. Trice, scheduling a hearing for Monday, October 29, 2001 at 9:00 a.m. , ). On October 19,200 I, the Family Law Clinic hand-carried the Petition for Protection from Abuse, Temporary Order and Notice of Hearing to the " j, ,~ . Cumberland County Sheriffs Office with a memo requesting the j , ' . ~ Cumberland County Sheriff to deputize the Philadelphia County Sheriff to serve the Defendant, who resides in Philadelphia, PA. . ~! F \ ...- ,~'.. , - '"- ". 'L.", .ir~i;l; .. , ~ 4. As of October 26,200 I, the Philadelphia County Sheriffs Office informed the Family Law Clinic that they had not yet received the papers and therefore, service has not been made on the Defendant. 5. Petitioner asked that this Court reschedule the hearing in this matter until November 13,2001 at 3:30 p,m., in order to allow more time to serve Defendant. 6. The Defendant was served on or about 1117/01. 7, The defendant engaged undersigned counsel on 1[/9/01. 8, Counsel has a Protracted Preliminary hearing in an insurance fraud case. . (Commonwealth v, Williams) and a drug distribution trial (Commonwealth v, Lawson) already scheduled for 9:00 a,m. and 12:30 p,m. respectively on 11113/01. . i ' 9. The defendant therefore requests a continuance. 10. Respondent understands that the Temporary Protection From Abuse Order will remain in effect for a period of 18 months from the date it was j~\ ill f ~11.11 ~ '; il ;.1 !" ;'1, " ':1 ;'.1 I ~ I {~ "I 1'1 ,':1, " ~':, ",. entered, through April 19. 2003. or until further Order of Court, whichever comes first. II. Counsel for the Petitioner does not object to this request. WHEREFORE, the Respondent respectfully requests that this Court grant a continuance in this matter until November 13,2001 to allow time for the Defendant, I', ' , , Vincent G. Trice, and his counsel to prepare for the hearing. Respectfully Submitted: ,.. ; I ""I I' l.i' ~i: ~i t, "~ :1, :) ',\ - , .~ ~ . CERTIFICATE OF SERICE I, Joseph J. Valvo, Esquire, hereby certifY that on this 9th day of November, 2001, I am serving a true and correct copy of the petition For a Continuance on the following individual, by first class mail, postage prepaid: Vincent G. Tric'e 215 North Robinson Street Philadelphia, PA 19103 DATE: SIGNED: Jo . ," '"' -l,~.;,,_,-",--_,,%: I, " II , .1 ~i, ;:'1 [I f, t: Lj! j.. 1'.1.1'::1. I.,:: ice, J], J'ilfh"L,_~.M~;i1';;';ci';"tio;~"';,~ -,ii-,,,:,,,,;-,,, ; ,_,-""";,<;,, F__,'j,c~"'Y.k,;-:"~,, >" ' "ft.;!~i!i.d&r&iij!"'i_,}')t'~~'<Hkl!ii_;&!i>tJi;tili~U\1i."ijfb&M!i>lM','lIl1k'W&'IM~~!iiIiIIliI-1llIi~!iIMtIllIiII' ~ ." .. (") 0 ':j c .T1 ;;:: c__'_ ""Ol-;: C.J mlT' ~,,-:,,: Z::r:_ ..,-:':- r f"",;) (j) , 0" -< r:::: e, -0 >: c: :?:c 1''') PC: :':;:: ':'.J -I -<. p~" , HfI lllil.U [[ lUll] J.LI_ JL._lUIJ!!!JI!._JL~!IIl~DJI..." ,,,.. ... ._._~.. . ...... ,< ,_~"., ' _"._"_~" ~.'_"n,",( ^ ,,- "~o_ .~~ ~ > ~~~ ~ . ., ".;.>h..~~"" SHERIFF'S RETURN - OUT OF COUNTY , ~- '. "- CASE NO: 2001-06024 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TRICE LAURETTE M VS TRICE VINCENT G 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 , to wit: TRICE VINCENT G but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, pennsylvania, to serve the within PROTECTION FROM ABUSE On December 6th, 2001 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge 18.00 9.00 10.00 .00 .00 37.00 12/06/2001 FAMILY LAW SO~~. '. . ~ R. omas Kline v Sheriff of Cumberland County Sworn and subscribed to before me this a It; day of AfL..~ ,;J(}1f( A. D . qr o. "'nv.ii..> ~9n7i; prothonota'ry - '" ~- , ~ " -," L - "" -" ~, ' if ,'~' Il" I. ''''';'''!Mv Y}'tJ '.'" SHERIFF'S RETURN. NOT FOUND LA /J1IE-ffF TIGie ~ COMMON PLEAS NO. COUNTY COURT VERSUS TERM,19 , !;jt1Jr2EJ+ TrZitt NO, IJI-- 0~2 if. NOT FOUND as to y{~. "- .--- ~ /~ ,the above named defendant, within the County of Philadelphia, State of Pennsylvania, as of /-r'?-- c:? / ... 2 dOl 12.225 (Rev, 12/87) So answers, ~EE~' S FF By: ~ - eputy Sheriff / , I '# /J/!/J2rk?C CZ/f7eZ> -::e-~ /l'r 'l2M7/d~ ~"""" . " -,', . ~. ' ---, """"""""",,'to:U~,,, ;0 I ~ ., ~ In The Court of Common Pleas of Cumberland County, Pennsylvania Laurette M. Trice VS. Vincent G. Trice SERVE: same No. 01 6024 civil Now, October 31 ,20 01, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . .~~--~~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ .' . '. . ',:"",,"= " '~.' -" ='" " ~~""",_~_J~,. '. , OCT 2 9 2001~~ . LAURETTE M. TRICE, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : IN PROTECTION FROM ABUSE VINCENT G. TRICE, Defendant : NO. 01 - 6024 CIVIL TERM ORDER OF COURT AND NOW, this 8lD~ay of October, 2001, upon consideration of Petitioners' Petition for a Continuance, it is ordered and directed that the hearing in this matter scheduled for October 29,2001, at 9:00 a.m. shall be continued until November 13, 2001 at 3:30 p.m. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through April 19, 2003, or until further Order of the Court, whichever comes first. BY THE COURT, 1s1; !YJ:; ~ j'l' J. TRUE COPY FROM REOORO In TdnOfly WI..cd, 1m umolllll my haRO and 1tIe .. of said Court ., C8rtIllI8. Pa. r ~... ~ ~ fA 1f/; r4~ .. rv - " ! ", ~,- -"".. ~"j~J#~,.,,,! -" LAURETTE M. TRlCE, PlaintifflPetitioner . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION-LAW IN PROTECTION FROM ABUSE v. VINCENT G. TRlCE, Defendant/Respondent : NO. 01 - 6024 CNIL TERM PETITION FOR A CONTINUANCE The Petitioner, Laurette M. Trice, by her attorneys, the Family Law Clinic, hereby petitions this Honorable Court to grant a continuance of the hearing in this matter, currently scheduled for October 29,2001 at 9:00 a.ID. In support of her petition, Petitioner represents the following: 1. The Petitioner is Laurette M. Trice. 2. On October 19,2001, a Temporary Protection From Abuse Order was issued against the Defendant, Vincent G. Trice, scheduling a hearing for Monday, October 29,2001 at 9:00 a.ID. 3. On October 19, 2001, the Family Law Clinic hand-carried the Petition for Protection from Abuse, Temporary Order and Notice of Hearing to the Cumberland County Sherifr s Office with a memo requesting the Cumberland County Sheriff to deputize the Philadelphia County Sheriff to serve the Defendant, who resides in Philadelphia, P A. 4. As of October 26,2001, the Philadelphia County Sheriff's Office informed the Family Law Clinic that they had not yet received the papers and therefore, service has not yet been made on the Defendant. = , ~--";,,,. - '1.. " "'''''''oir.-~~~,'''';'',b" . ,. ,~ , 5, Petitioner asks that this Court reschedule the hearing in this matter until ' November 13,2001 at 3:30 p,m" in order to allow more time to serve Defendant. 6, Petitioner requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through April 19, 2003, or until further Order of Court, whichever comes frrst. WHEREFORE, Petitioner respectfully requests that this Court grant a continuance in this matter until November 13,2001 to allow time for the Defendant, Vincent G. Trice, to be served. Date: October 26,2001 Respectfully submitted, ~ff :;;):fuWm~ - ROBERT E. RAINS THOMAS M. PLACE TERl L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ~~ .."..,..<- '.,' 0"" ,.' .. CERTIFICATE OF SERVICE I, Elisabeth L, Rowley, hereby certifY that on this 26'" day of October, 2001, I am serving a true and correct copy of the Petition For a Continuance on the following individual, by first class mail, postage prepaid: Vincent G, Trice 215 North Robinson Street Philadelphia, PA 19103 Date: October 26, 2001 FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 J'~l;~_, l~....~_,,.,b",, . ,;' ~. , o o OCT ~01 LAURETTE M. TRICE, Plaintiff v. IN THE COURT OF COMMON PLEAS 'OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW : IN PROTECTION FROM ABUSE VINCENT G. TRICE, Defendant : NO. 01 - i...aZ.'-\, CIVIL TERM NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on the matter is scheduled for the "Z- '" ~ ..., day of Ckft D \:..u ,2001, at '\ .00 0.. .m., in Courtroom 1- at the Cumberland County Courthouse, 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 fme of up to $1,000.00 andloruptosixmonths injail undet23 Pa.C.S. 9 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 US.C. 9 2265, this Order is enforceable anywhere in the United States, tribal lands, US. 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 US.C. 992261-2262. YOU SHOULD TAKE TillS PAPER TO YOUR LA WYERATONCE. YOUHA VE 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 HA VEA 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 ALA WYER, YOU MAY HA VB TO PROCEED WITHOUT ONE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (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 prio: to any hearing or business before the court. You must attend the scheduled conference or hearmg. ~ " ,,~- .'" . . o o LAURETTE M. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE v. VINCENT G. TRICE, Defendant : NO. 01 - (,,01.. t.\ CML TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Vincent G. Trice Defendant's Date of Birth: 4/4/62 Defendant's Social Security Number: 204-50-1725 Names of All Protected Persons, including Plaintiff and minor childlren: Laurette M. Trice AND NOW, this \ ""k\.-. day of 0 cA-oW, 2001, upon consideration of the attached Petition for Protection From Abuse, the court hereby enters the following Temporary Order: [Xli. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. [] 2. Defendant is evicted and excluded from the residence at or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premise~. [X] 3. Except for such contact with or regarding the minor child as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. [Xl 4. Except for such contact with or regarding the minor child as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. [X] 5. The Custody Order dated November 29, 1999, entered by this Court in Trice v. Trice. No. 99-7021, remains in effect. A copy of the November 29,1999 Custody Order, as well as the March 3, 2000 Order, No. 99-6903, consolidating the PF A and Custody Actions, are attached to the Petition as Exhibits "A" and "B." [Xl 6. Defendant shall immediately relinquish the following weapons to the Sheriff~ Office or a designated local law enforcement agency for delivery to the Sheriffs office: Any and all fireanns in Defendant's possession or control. - - - 1-, ~ ." .,,, "-!i~,;"""___<4",,,,< " o o Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order, [X] 7, The following additional relief is granted: The Cumberland County Sheriff shall deputize the Philadelphia County Sheriff to serve the Defendant with this Temporary Order, Petition, and Order for a Hearing, [X] 8, A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Silver Spring Township Police Department [X] 9, TillS ORDER SUPERSEDES [X] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [X] 10. TillS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY TillS 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.e.S 9 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. 9 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.e. 99 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 6 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. at I'l. t2 cJrJ/ Date BY THE COURT: bl/fJ/~ It' g;~1e TRUE COpy FRO:M !'~i:GCJFID In Tc~~~rm}ny WV~;Jr&Jif! ~ ~; ::.JI mv hand '11"-.1 trt.i';':!> i&!'{~)0A'; ('i<: ~u1;;'>1 ';""r ',',;" ~,' -:' .' ,,- .~>- " "~"\j Yv-';;;~b..;~ '::;'-1~~ ~,,~~;,~-, L.: ',:<" ':'>."'~, l"'t-L r"l~ 91, ,"" ....~ ~ ~ W.;!l th-;."Y 00!!f,.fJt? I /7l/ . ..:...-~~_ "'7'- , <>D__,",. -::-~ _ " _ v?(0~,":G'r"G,t-:;,:~ -J .., "~~ ~c._i""", , " o o v. , . : IN THE COURT OP COMMON PLEAS OP : CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION-LAW : IN PROTECTION FROM ABUSE LAURETTE M. TRICE, Plaintiff VINCENT G. TRICE, Defendant : NO. 01 - &,01...'1 CIVIL TERM PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Laurette M. Trice 2. I am filing this Petition on behalf of [X] Myself and/or [] Another Person. 3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Laurette M. Trice 4. [] Plaintiffs address is confidential or [X] Plaintiffs address is: 122 Willow Mill Park Road, Mechanicsburg, P A 17055 5. Defendant is believed to live at the following address: 215 North Robinson Street Philadelphia, PA 19103 Defendant's Social Security Number (if known) is: 204-50-1725 Defendant's date of birth is: 4/4/62 Defendant's place of employment is: Unknown [] Check here if Defendant is 17 years old or younger. 6. Indicate the relationship between Plaintiff and Defendant. [] Spouse [] Current/former sexual/intimate partner [] Parent/child [] Other relationship by [X] Ex-spouse [] Persons who live or have lived like spouses blood/marriage [X] Parents of the same child(ren) 7. Have Plaintiff and Defendant been involved in any of the following court actions? [X] Divorce [X] Custody [Xl Support [X] Protection Prom Abuse If you checked any of the above, briefly indicate when and where the case was filed and the court number if known: Divorce: Cumberland County - Filed 3/12/01 - Docket No. 01-0137 - Pinal Decree issued on 7/2/01. Support(Child): Cumberland County - December 6, 1999 - Docket No. 01080 S 1999 Custody: Cumberland County -Filed 11/19/99 - Docket No. 99-7021 - Order issued 11/29/99 and Docket No. 99-6903 - Order consolidating PF A and Custody Actions, issued 3/3/00, (attached as Exhibits "A" and "B"). PF A: Cumberland County - Filed 7/31/98 - Docket No. 98-4428 - Vacated ~( """ '~Ifiio~~.~ o 0.". . 8. Has the Defendant been involved in any crim.inal co~ action? Unknown If you answered Yes, is the Defendant currently on probation? No 9. Plaintiff and Defendant are parents of the following minor child: Name: Joselyne T. Trice Age: 7 (DOB: 6/15/94) who resides at (list address unless confidential): 122 Willow Mill Park Road, Mechanicsburg, P A 17055 10. If Plaintiff and Defendant are parents of any minor child/ren together is there an existing court Order regarding their custody? Yes ' If you answered Yes, describe the terms of the Order (e.g., primary, shared, legal and/or physical custody): Plaintiff: Primary physical and shared legal Defendant: Partial physical and shared legal A copy of the November 29, 1999 Custody Order, as well as the March 3,2000 Order consolidating the PF A and Custody Actions, are attached to this Petition as Exhibits "A" and "B," If you answered Yes, in what county and state was the order issued? Cumberland County, PA If yon are now seeking an Order of child custody as part of this petition, list the following information: N/A . 11. The following other minor child/ren presently live with Plaintiff: N/A 12. The facts of the most recent incident of abuse are as follows: Approximate Date: 10/12/01 Approximate Time: 1:00 am Place: Plaintiffs Horne Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking medical treatment sought, and/or calls to law enforcement: On October 11, 2001, Plaintiff allowed Defendant's girlfriend to spend the night at her house. On October 12, 2001 at approximately 1 :00 a.m. Defendant called Plaintiff on the telephone and said, "I have two guns under the bed and I'm going to come kill you." 13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor child/ren, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred: There is a long history of abuse by the Defendant. Between the years of 1993 and 1998, Defendant pushed, shoved, and punched Plaintiffleaving serious bruising. In 1997, Defendant locked Plaintiff in a bedroom for several hours on more than one occasion. In or about March or April of 1998, Defendant held a knife to Plaintiff's throat. In or aboutJune of 1998, Defendant held a loaded gun to Plaintiff's head and showed her the bullets in the chambers. On several occasions during that same time frame, Defendant brandished a gun at Plaintiff. Defendant, in the past, has told Plaintiff that if she tried to leave him that he would kill her, her parents and the children. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child/ren: Military-style knife with a long blade and a handgun. '~th'~-"ID.,""r,"""", o o 15. Identify the police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: Silver Spring Township Police Department 16. There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [] Plaintiff is asking the court to exclude the Defendant from the following residence: []owned by (list owners, ifknown): Laurette M. Trice [] rented by (list all names, if known): []Defendant owes a duty of support to Plaintiff and/or the minor children. []Plaintiff has suffered out-of-pocket fmanciallosses as a result of the abuse described above. Those losses are: 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 (CHECK ALL FORMS OF RELIEF REQUESTED): [X] A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. [] B. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [] C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. [] D. Award Plaintiff temporary custody of the minor child/ren and place thefollowing restrictions on contact between Defendant and child/ren: [X] E. Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at 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 child. [X] F. Prohibit Defendant from having any contact with Plaintiffs relatives, except as the court may find necessary with respect to partial custody and/or visitation with the minor child. [X] G. Order the Defendant to temporarily tum over weapons to the Sheriff of Philadelphia County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. ." - , " o. '''-;"$_o>lliI~",i' " o 0;... ., , [] H. Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical support and [] payment of the tent or mortgage on the residence. [] I. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. [X] J. Order Defendant to pay the costs of this action, including filing and service fees. [] K. Order Defendant to pay Plaintiffs reasonable attorney's fees. [] L. Order the following additional relief, not listed above: That the Cumberland County Sheriff shall deputize the Philadelphia County Sheriff to serve the Defendant with this Temporary Order, Petition, and Order for a Hearing. [X] M. Grant such relief as the court deems appropriate. [X] N. 9rder the police .or other law enforcement agency to serve t]1e pefe.n~t with a copy of this Petttton, any Order Issued, and the Order for Hearmg. The Plamttff will Inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. October 19, 2001 r/#4!J!!/~ Certified Legal Int i!- <-H- ~ MAS M. PLACE OBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 .. o C,a: . w~o.. LU ~ ?:: 1;,;",-' " u. C , ~ "'-, ";'-""~~"'"" o o LAURETTE TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW VINCENT TRICE, Defendant No. 99-7021 CIVIL TERM ,n ..' ';>- f-- Z ::J~ 8~ r' .'. ~ AND NOW, this 29th day of November, 1999, ~,i ~ ORDER OF COURT ,:>J x: 0.... oN , (,' ~.. ~pbp consideration of the petition for protection from .' \ ~-. '"p ~~use, and pursuant to an agreement reached in open court between the Plaintiff and her counsel, Richard Gaffney, Esquire, and Defendant, pro se, it is ordered and directed as follows: 1. The Plaintiff, Laurette Trice, agrees to withdraw her petition for protection from abuse at No. 99-7021 without prejudice. 2. The Defendant agrees to withdraw his protection from abuse petition filed in Dauphin County Court of Common Pleas without prejudice. 3. Mother shall have primary physical custody of the parties' daughter, Joselyne Thurayyah Trice. 4. The parties will share legal custody of their daughter. 5. Father will have periods of partial physical custody as agreed to between mother and father as follows: Father will provide mother with one week advance notice of the day on which father will exercise his period f,'i 1-11 "', r \i\ pt $;1 ''''''.'<'''''''''''''"'", ;; '" ,.. , o o of partial custody, said period of partial custody will commence at 3:30 p.m. and end at 7:30 p.m. Father will advise mother one week in advance as to the place at which the custody transfer will occur. The mother will provide transportation to and from the point of custody. 6. There shall be reasonable notice given to a party if the scheduled period of visitation needs to be cancelled or modified, and a make-up period shall be offered within a reasonable time. 7. Mother and father agree that each shall notify the other immediately of medical emergencies which arise while their daughter is in that parent's care. 8. Neither party shall, while having a period of custody or partial custody with daughter, consume any alcoholic beverages or non-prescription drugs. 9. Neither party shall do anything which may estrange daughter from the other parent or injure the opinion of daughter as to the other parent or which may hamper the free and natural development of daughter's love or respect for the other parent. 10. Mother and father intend that this stipulation will be adopted by and entered as an Order of Court effective as of the date of this stipulation. The partial custody periods provided for herein shall be once per week, and the custody provisions !: "' - "" .aioc.L>-"'>Jl.~0~,,: . , ," " ; o 0...... . . hereof shall continue until the custody conciliation conference scheduled in this matter in January 2000 and further Order of Court. By the Court, Richard Gaffney, Esquire For the Plaintiff Vincent Trice, Pro 5e P.O. Box 5155 Harrisburg, PA 17108 Defendant _ C<.-~~L& I :>"/3/QQ. ,J.p. wcy .. ~'"'re,~~""""i~,." ~"f - . , o o FIB -fihllDJb /\' . IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF CUMBERLAND COUNTY, PENNSYLVANIA LAURETTE CASTAGNOLA TRICE, Plaintiff V. CIVIL ACTION-LAW NO. 99-6903 CIVIL TERM IN CUSTODY VINCENT TRICE, NO. 99-7021 CIVIL TERM PROTECTION FROM ABUSE Defendant ORDER OF COURT AND NOW, this 'S '" ~ day of WI V c-l ,2000, upon consideration of the Plaintiff's Motion for Consolidation of Action and after a review of the record, it is hereby ordered that the actions in Docket No. 99-6903 and Docket No. 99-7021 are hereby and shall be consolidated into one action in Docket No. 99-6903. , \ \ By the Court, <~ 3-3-00 ~K.S n '-"- c:") t.:-...) o 'n :".1 ,'i':;~g ,';i~ ;:~~!~ ,::-''-:~ r-n " ",;:-( ,.;"" :::"'J I c.) .-.:-] ':.> C-',) H) -b -< " f' '{.I--I \ 0 \""'\ "F, r ,,' ,'~ .... f " , . o VERIFICAtION · "'~lr;W;, o Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S 94904, I verifY that I am the Plaintiff 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, information and belief. /o//8h! !)ate I LcuudtJ; 11/~ Laurette M. Trice . ~" LAURETTE M. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW VINCENT G. TRICE, Defendant NO. 01-6024 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of December, 2001, upon relation of a representative from Plaintiff's counsel, the Family Law Clinic, that the parties are in the process of entering into a consent order in the above-captioned case, the hearing scheduled for December 19,2001, is cancelled. PENDING issuance of the consent order, the temporary protection from abuse order shall remain in full force and effect. BY THE COURT, Family Law Clinic . 45 N. Pitt Strcet ~dJ~ ~ Carlisle, PA 17013 VI-- Attorn"" roc PLUntiff E- nOI ~~ Joseph J. Valvo, Esq. 1420-22 Chestnut Street Suite 600 Philadelphia, PA 19102 Attorney for Defendant :rc ,,' " ."~,, '",,,,,,,-""'~ - ,,' ,,-- ., 'flIT ',' """j"'fi' 'iff "'r illi!lli!' nrr1'TY IT 'm :liH] i IlfflY~l_. "'1,' : ;: .f" I C. , ,. i i) , ., CU;"/:~ D~ ~,\\\1~ 01 oc.c 19 pm I ;t5 8/-!EiftIXIC t;::(- 1~1 Sf _.~""ml'Ul"Pi.r,T ~_ ". ""_I,J.:I~~~~J~fi">'!~~*Mi-~of"'!~~~;;l"~~II1II~%,, ',J:~ .1 C' ; ~,,, "' ',' <',^". ~, .......'~,-- > LAURETTE M. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW IN PROTECTION FROM ABUSE VINCENT G. TRICE, Defendant NO. 01 - 6024 CML TERM FINAL ORDER OF COURT BY CONSENT Defendant's Name: Vincent G. Trice Defendant's Date of Birth: April 4, 1962 Defendant's Social Security Number: 204-50-1725 Names of All Protected Persons, including Plaintiff and minor children: Laurette M. Trice AND NOW, this '1 ft day of January, 2002, the Court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to the consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following Order will be entered: Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, or threaten the Plaintiff or any other protected person in any place where they might be found. 2. Except for such contact with or regarding the minor child as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person under this Order, at any location, including, but not limited to, any contact at Plaintiff's school, business, or place of employment. 3. Except for such contact with or regarding the minor child as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. - " , ' ~ &'~'"' >"0,' 4. The Custody Order dated November 29, 1999, entered by this Court in Trice v. Trice, No. 99-7021, remains in effect. A copy of the November 29, 1999 Custody Order, as well as the March 3, 2000 Order, No. 99-6903, consolidating the PF A and Custody Actions, are attached to this Order as Exhibits "A" and "B." Defendant may contact Plaintiff solely for the purpose of scheduling and exercising his custodial periods. 5. Defendant is prohibited from possessing, transferring, or acquiring any weapons for the duration of this Order. 6. All fees and costs are waived. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Silver Spring Township Police Department TIDS ORDER SUPERCEDES [X] ANY PRIOR PF A ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. All provisions ofthis order shall expire in eighteen months, on ..t!o.., \ '112003. n='~ _ ~, '"~'. > >~10$~;;i<, .. NOTICE TO THE DEFENDANT VIOLATION OF TIDS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WIDCH IS PUNISHABLE BY A FINE OF UP TO $1000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 12 Pa.C.S. ~61l4. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYL VANIA CRIMES CODE. TIDS 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 TIDS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.c. ~~2261-2262. IF PARAGRAPH 12 OF TIDS ORDER HAS BEEN CHECKED, 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 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 5 of this Order, an arrest 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 Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of the 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. (1) Defendant is prohibited from acquiring or possessing any weapons for the duration ofthis order. (2) Defendant mllY, upon the expiration if this order, request that the sheriff return any weapons held pursuant to this order. The sheriff shall determine if defendant is otherwise legally entitled to possess the weapons. If the protection from abuse order has expired and defendant is legally entitled to possess weapons, the sheriff shall present an order to the court authorizing that the weapons be returned to defendant. Otherwise, the sheriff shall notify defendant that he must IDe a petition '"" ~, '_' i "---' ;" ~""'--';'-' , ' "-" ~ .~'--" , - ,0'; .'." "" . .. with the court seeking a return of the weapons, in which case the court, upon petition, will schedule a hearing with notice to the plaintiff. Date J? Il1 r") 00L. . I This Order is entered pursuant to the consent of Plaintiff and Defendant: of~ \'J\ -r-;:;~ Laurette M. Trice, Plaintiff )tv. ~G' T' D~dan' mcent . nce, elen t L 16.. Elisabeth L. Rowley Certified Legal Intern for PI 9iil, ~ li-l TH SM. PLACE V ROBERT E. RAINS TERl L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 v ,Esquire Ri d W. oy & Associates 1420-22 Chestnut Street Suite 600 Philadelphia, PA 19102 215-564-4700 J~~~' "~lj~~_"- 'h"'~;il,~Mrl"&'t.L'dl;:'b$?C-)l!,~~~,~Jijjiilli -," Hi f--'>~~W III W11"1r-;'"~"" IIHllllllm ~ <~.'M~^'~.~,_',~~,""""'"",."=,,,,,,,-,~"^",,,_,,,~,.,.~",,,~ ~,_^_, _ """",= .. ':'1:\ ~ 9-J f$~~ ~ ~\i, ~ ~ N ~~ ~ ~~ k \ ~ .~ ~ \ V N,~ ' _ <. .. -"~ .,1.. ~ n ~~? '\:}(l:: Q1\~"~ 7~. Ul.:': ~;~1 ...~:'-'- :E;C:' :::::::0 >.,.C~ ~ -< o {,-...) c.... -r~ ~.",'" \ ,p , I . , I i I I .. 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