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HomeMy WebLinkAbout01-06968 ;r ,".. " 1iJt,,, 11 2001 vO . . IN THE COURT OF CO~ON PLEAS FOR CUMBERLAND COUNTY JIM CUOMO CNIL ACTION- PROTECTION FROM ABUSE v. ",", DOCKET NO. 0 I -(p %/iJ BARBARA RUDY NOTICE OF HEARING AND ORDER YOU HA VB BEEN SUED IN COURT. !fyou wish to defend aganist 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, Any protection order granted by the court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including Child Custody proceedings under Chapter 53 (relating to custody). 1'--: A hearing on this matter is scheduled for the ;l 0 day of December, 2001 at L: (}O -fM. in Courtroom ~ at the Cumberland County Courthouse, Carlisle, Pa, You must obey the Order that is attached until it is terminated or modified 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 and/or up to six months in jail under 23 Pa. C.S. 6114, Violation may also subject you to prosecution and criminal penalities 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 fedreal criminal proceedings under the Violence Against Women act 18 U.S,c. 2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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. TELEPHNE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CAN NOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. COURT ADMINISTRATOR'S OFFICE CUMBERLAND COUNTY COURTHOUSE THIRD FLOOR REAR CARLISLE, PA 17013 (717) 240-6200 iT~m;ij-I,i1rl'" _ ,~" _,_0/_,,' .."'__ '10, ,~" ]:_ ".. "~~", " -," ~ , ,., >=~.~ ...,i ~,J~~:;" It J_" _~ _ >. , JIM CUOMO PETlTIONER/PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. BARBARA RUDY RESPONDENT-DEFENDANT CIVIL ACTION- LAW DOCKET NO. Ol,{d(P~ PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER DEFENDANT'S NAME: BARBARA RUDY DEFENDANT'S DATE OF BIRTH: 1:2 /:J :::;-/70 DEFENDANT'S SOCIAL SECURITY NUMBER: NAMES OF ALL PROTECTED PERSONS: JIM CUOMO 1M.. AND NOW, THIS / / DAY OF DECEMBER 2001 upon consideration of the attached Petition for Protection from Abuse, the court enters the following Temporary Order, 1. Defendant shall not. abuse, harass, stalk, or threaten any of the above persons in any place where they made be found, 2, Defendant is evicted and excluded from the residence at"~' Millers Gap Road', Enola, Pa. 17025 or any other permanent or temporary residence where the plaintiff may live. The Plaintiffis granted exclusive possession of the residence. defendant shall have no right or privilege to enter or be present on the premises, 3. Except for such contact with the minor child, N.. 0h.<:t>1 as may be permitted by Court order, The Defendant is prohibited from having any contact with the plaintiff at any location, including the plaintiffs Place of employment and the Plaintiff's children's school. Defendant is specifically ordered to stay away from the following locations for the duation of this order Flight Systems of Lewis be ny, Pa and /12 Millers gap Road, Enola, Pa. Ims . 4, Except for such contact with or about the minor child as may be permitted by paragraph 5 of this order Defendant shall not contact Plaintiff by telephone, or any other means, including ~d persons, except the defendant may make contact through his and ~ -,,"'-. F ^ _4,--;,,~ , ,'C', _^'__, ,-- ~ " " ' her attorneys' to settle ongoing court related matters. 5. Pending the outcome of the final hearing the minor child, N\, J-, eO. \ The Plaintiffis Awarded Temporary Custody, , 6. The DEFENDANT SHALL IMMEDIATELY SURRENDER ALL WEAPONS HE OWNS TO THE CUMBERLAND COUNTY SHERRIFF'S OFFICE OR ITS DESIGNEE, DEFENDANT IS PROHIBITED FROM POSSESSING, TRANSFERRING OR ACQUIRING ANY OTHER WEAPON FOR THE DURATION OF TIllS ORDER T A Certified Copy of this Order shall be provided to the Police Department where the Plaintiff resides or will reside, Currently the Silver Springs Township Police Department THIS ORDER APPLIES IMMEDIATELY TO THE DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFfER HEARING. NOTICE TO DEFENDANT DEFENDANT IS HEREBY NOT1J<'1ED TIlAT VIOLATION OF THIS ORDER MAY RESULT IN ARREST FOR INDIRECT CRIMINAL CONTEMPT, which is pJJ1lishable by a fine of up to $1,000,00 and / or 6 months injai!. 23 Pa, CS. 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, CS, 6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalities 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 occurs, or where the defendant may be located. If the Defendant violated any part of this order, defendant may be arrested for 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 was committed in the presence ofa law enforcement officer, Subsequent to 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 be forthwith be delivered to the Sheriff's Office of Cumberland County, Which office shall maintain possessiopn of the weapons until further Order of the Court, Unless the weapons are evidence of a crime, in which case they shall remain in the custody of the law enforcement agency whose officer made the arrest t,j~-]ilT1. :In ,'~,c ,~, - ,--" ~^ ' '." "-r:-- -"" "<-, JIl ....~ ::{r~,[IJJ,._>" .-- ,- . ,-,- " [-'"..-, BY THE COURT \ J. cory ~IVeJl tu po 1/ o~JC I ;)A 1-07 C\r) ct. (Yl 0./1 ru;J -to BCI(bCA{~ K'-10 f " , -~' ~- ,-'" ,,-, ,~~ .," ;"""_.~.",,,L' ",--,< --,-. -tJi['t.i::eJlj:<::,:,J;\ , . , 9P'~ ..... '3 '"' VI ~ ~ ~ -.0 tr " ~ p ~ ? -.- ,,- jU ~ ~ 8 S t -~x I) -, -~" x_:Mi . Jj,,,~, lJU.,_~~~@\.~~a~~,H ~IT::l!!,~A'jJ~!t'1.\'i-'\f'L((1.~i'"';""';'Flh';'n~':"i""'-;:ft:-":,,,,,,O'''!1<''-""N'-\"'ffl''i'''~'''t?'';'~'fiJ!'>,'''l!;1,'.;;,_,;r:i!t'J-+''0-),'-'''!n'l-~f':~i'\l~~"3;;;.-;',!,,!("~, II ,--.:,~~-"" . t IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY JIM CUOMO CIVIL ACTION- PROTECTION FROM ABUSB v. DOCKET NO, BARBARA RUDY (") c.:: v~" [-;lj"l Z::J I~ ---:7 ~ PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Jim Cuomo 2, I am filing this petiton on behalf of myself 3, Name of person who seek protection from abuse: Jim Cuomo, 4 Plaintiffs Address is1'l2f. Millers Gap Road, Bnola, Pa, 17025 5, D~fendant is believed to be at either 6990 Wertzville Road Bnola, Pa, 1702501'112, MillersOap Road, Bnola, Pa. 17025 Defendant's Social Security Number is : Defendailt's date of Birth is:j;:) la5/7 0 Defendaht's Place ofBmployment is: C """,{/ 1-1./1 D, ~p(' 6. The relationship between the Plaintiff and Defendant is that of current or former sexuaJIititimate partners who are parents of the same child. 7. The Plaintiff and defendant are involved in a child custody dispute which is being filed alORg with this PTA 8. The Defendat has not to the best of Plain tift's knowledge been involved in any criminal court activity, 9, Plaintiff and Defendant are the parents of the following minor children: ~,c1l<1<\I::r: CUomo age 3 resides atll2' Millers Gap Road Bnola, Pa. 17025 lO. There is no existing Court Order Governing the custody of this child. a, The child has lived atTI 2 Millers gap road his entire life along with the Plaintiff, ~~ - - ',,'" 'f _,i" 07' ,~--. , ~'e C) () 'T) ;-::::3 f"l c> :-::m- ~? ';'~.) ~~ -~ [0 . . '. oJ Defendant and defendant's 2 other children from a prior relationship. b. No other person has a claim to custody of the child in question. 11. There are no other children who currently live with the plaintiff, the defendant's other two minor children have recently moved to their Grandmother;s Home at 6990 Wertzville Road. Enola, Pa. 17025 12. The Facts of the most recent inciddent of abuse are as follows: On Saturday December 8, 2001 at approximately 6:00 P.M. the Plaintiff asked the Defendant to remove herself and her belongings from his home, because as far as he was concerned, the relationship was over. Defendant refused and the Silver Springs Township police were called, but refused to remove because the defendant claimed that the home was her home too. The Police also warned both parties that if they had to come again both the plaintiff and defendant would be cited. On Sunday December 9, 2001 the Plaintiff repeated his request that the defendant leave his home, she refused and told him that she would file a Protection from Abuse charge against him., have him thrown out of his own home and keep his child from him. The Defendant also stated that she would KILL THE PLAINTIFF IN IDS SLEEP if she was not sucessfuJ in getting what she wanted. 13. The prior acts of abuse against the plaintiffby the defendant have occured constantly throughout their relationship which illclude but are not limited to, defaming the plaintiffs character in front of others, insulting him in public and private, consistantly cursing at him and his child, havillg sexual relations with another in front of him, and consant drug use in his home. 14. The Defendant has threatend the Plaintiff with a knife in the incident of December 9,2001. 15. The Silver Springs Township Police Department patrols the area where the Plaintiff lives and should be provided a copy of the protection order. 16. There is an immediate and present danger of further abuse by the defendant. The Plaintiff requests that Defendant be evicted and excluded from his residence at \ 12 Millers Gap Road, Enola, Pa. 17025 of which he is the sole owner. 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: Restrain the DefendaQITom abusing, harassing, threatening, or stalking the Plaintiff ':'}[,iii,r~[I.~"]D,, __,,^ . J~. ,^" ., ~ 1"" . ~ - ,"- -'~ ." , !!.j;\l , t ~ . . oJ , . in any place where he may be found. Evict/exclude the defendant from the plaintiffs residence and prohibit the defendant from entering any residence, temporary or permanent, of the plaintiff Award the plaintiff temporary custody of the minor child,~~.c~e."'\ -' and place the following restrictions on contact between the defendant and the child. Defendant is to only have contact as per court order(s). Defendant is to remain in the car at all times during pick-up and drop off. Prohibit the defendant from having any contact with the plaintiff either in person, by telephone,or in writing, personally or through third parties except as pertains to their child, t-,l\.c.h~\ . Order that the defendant pay the costs associated with this action. 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 the Defendant may be served. 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 stastements are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. z;~ Jim Cuomo Petitioner ~~I Date Daniel Pollock, Esq. 3105 Old Gettysburg Road Camp Hill, Pa. 170II Pa. Superld. 70315 (717) 737-7566 , ;~J[!. . ~_ .___-~_~",.., -:';"."-' - " '''. 'c"- , - - 1- -- ,- , 'Eo' ~ , ,..J_,_' . . . .,-,~" . , ,~ ~ ~. ,"_, _RT'::r~l"111!fW~"~.. .." ... "''', :i, . '. -c> Q .dl ~.~ .- t :t::; 2. 3~ ('" (:) C ~oi ~~ AJ ,<> 9-R ~o ~J t-~ ... '? q ~ 6, 3 r ~~~~~~!~~~1$Jlll\l:l~jI~'I!!~I!f>!i~~!Itl~ffll~W~'!:,!j'~-J11',p,t.;"W!i'~C;;'c;',"",,""'.i" d'::"">'r~~,M~~~~'tW,"~~~~~it~::i: CUMB CO PROTHONOTARY I I4i 001 *************************** *u MULTI TN REPORT *u *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR . 2895 [ 03]9p2405331 [ 01l9p2490779 CP PSP I I I \ I I I I I I ,I I OFFICE OF 'lliE PRarHQIOTARy CUMSeRLAND CXXlNIY COURTIiCXJSE OOE CO'JRTIiCXJSE gJUAAE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE L E COP I E R TO: I'A STATE POLICE - C~aJ1. P"I!JCft$~. FAX ~: 717-249-0779 , !'ReM: CURTIS R. LONG RE: PFA ORDERS MESS^GE: ~ 00. OF PAGES (INCUJOING CXlVER SHEET) 1.'hi.s ~ is intbd.d a'lly n- tte ~ at lie iniiv:idal1X' entit;y ID Wlid1 is is "HI I, c:rd rray a:ntl:\in inftxrnItim ttI"lt is p:iv:il/;g!d, cxnffut1:ial <rd eI8Tpt fmn ni""l~ IT1;! m::er- 'ttll i,w,l.. la.t. r F lie mrl:o: of this ~ is roI;; tlB int;e'Q;,r; m:;ip:ieot. ~ are ~ lDI:.i.fia:i ttat fD/ ~tia1. disttib.rt:im IX' a:pfin;J at this arnn.nic:atim is strictly {tthibite1. If}OJ Il!I\IE! m::eiw:l lJ11s a:mn.nic.,tim in etrO:, pl.mse l'Oti1Y lB imra:iiateJ.y l:!f I:eleJ;hTB ifiI teb.Jm tie cdgin!I1l1: """y lD lB at tte ctu.._' a:iirPss vid tl-e ~l.S. 1lBl2il. savjoa. 'll-a:1k ~. <~--'+t'!"~~",,~,!,~,~~1t .),- " ~ , .1' - - " ..~~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-06968 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUOMO JIM VS RUDY BARBARA DAWN KELL , Sheriff or Deputy Sheriff of Cumbe~land County,pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon RUDY BARBARA the DEFENDANT , at 1852:00 HOURS, on the 11th day of December, 2001 at 112 MILLERS GAP ROAD ENOLA, PA 17025 by handing to BARBARA RUDY a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing Her attention to the contents thereof. Additional Comments DEFENDANT STATED THAT SHE OWNED NO WEAPONS. Sheriff's Costs: Docketing Service i'.ffidavit Surcharge So Answers: 18.00 6.50 .00 10.00 .00 34.50 .r~--'~~ R. Thomas Kline 12/17/2001 DANIEL POLLOCK Sworn and Subscribed to before By: j)()dn~ ~ \-. A.D. me day of . Deputy Sheriff ~ iRffl':1'f!m '1""1 ~h. "'. 1-- '" i;.~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JIM CUOMO, V. 01-6968 CIVIL TERM BARBARA RUDY, PROTECTION FROM ABUSE Defendant IN RE: PROTECTION FROM ABUSE ORDER OF COURT AND NOW, December 20, 2001, after hearing and consideration of the testimony presented, we find tha.t the plaintiff has not carried his burden of proof and, consequently, the request for the PFA is dismissed. By the Court, Daniel Pollock, Esquire 3105 Old Gettysburg Road Camp Hill, Pa. 17011 For D.R.O. Gerald S. Robinson, Esquire 4407 North Front Street Harrisburg, Pa. 17110 For the Defendant ~.~ /_ o3-o;U q. :mtf ,~j~~~ :" - ",'-' ',_ - ,J_f__~,___,",__~,.~ '"t.o _'_", - . ,- r,- - ,~__ ^ ~_~~~J!~iimJ~~~<'l:b:,~f.ii;,jJi"t1'~:iii<iliib<~k~W~~'~J.:.lIioi"~"''';',...;...h~- ,-,,,,-L',,- Of ,- '~r~ ,"",";-:' ,,,,... r,~l"t:.j-'.\XT\~t.,._ . 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