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HomeMy WebLinkAbout99-02107 KIM VIA LaROSA, Plainti ff : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. 99-2107 CIVIL PAULJOIIN LaROSA, Dcfcndant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this ~ 0 t~ day of July, 1999, this Court ccrtifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process, In consideration of the attached Commonwealth's Petition, the defendant, PAUL JOHN LaROSA, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the .:ll..ot day of 9~ ' 1999 at 8! 30 o'clock~.m, in Courtroom # -'- of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney, If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel , contact should be made prior to trial with the Cumberland County Public Defender's Office at 71 7-240-6285, Further, if the defendant fails to appear, an arrest warrant will be issued, The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be detennined by the Trial Judge subsequent to trial. Jonathan R. Birbeck, Chief Deputy District Attorney PAULJOHN LaROSA i...r~ ,:".:'~.~: OF . :;',.:,{ go Illt "I ':' 'If'::>' ;J WI'-'" t 11.1.1. . '!Ii,,;;; i Cu:,'. ..! ) ~ ,::' ,.",..',.'i'!rY t-'c.N~'~~:'I't \It: ';1..\ ~~::. OO\U ~~yYtdJ i:' t , , . I I. i: p" ! I." l\: r- ,/.. I , COMMONWEAl.m 01' ,'j;NNSYI.VANIA COUNTY OF ClJMIII'RI ANn *' POLICE CRIMINAl. COMPLAINT Dl -- ,.... COMMONWt:ALTII m' PENNSYI.VANIA .... CUMDt:RI.ANIl COUNTY COURTIIOIJSt: CARLlSl.E, PA COMMONWEAI.TlI Qt. Pt:NNSYLVANIA \'~. IlIn....U"!'HI ,_ Docket ND.: OlIO Filed: OTN: NAME.... ADDR[~' PAUl.l.AROSA 3655 CHAMBERS IIIl.L ROAD Uarrl,burg, PA 171 II IJdudant'. n,U,B. Ud~lIdanl'. Sodll S<<vrUy Number D,',nd.n". D IH9.44.97H6 17$.42.94.0 Olllp a&llDC fal 11m r 'omp lilt 'limN" IIUthtl P.,II( plnll 99.0681 99.0$.01$2 District Auomey', omco 0 Appr...d 0 Dlsoppr.v,d b'Cduse: (The District Anomcy may require thai the complaint, arrest wamnlaffidavil. or both be: approved by the Anomey for the Commonwealth prior 10 filinl(. PaRer.P. 107.) IN.Mof AlIomcy flwlhc('~"nllll.l'lfaK VnnlOl' Type) IS"ll&lurfarAlllrl~f...,l'OlI\/llOl'I""c.hh) I, Dd'dlv, Lttl/lo R. "'..dJord Name of Allllnt- Plnse Print or l)'pC Cumberland County District Attorne,"s Offlu. CrlmlnallnllestlJ:allon Division PA02101JA l<knufy Department or ^ICnty Rqnncnttd and Political SubdivisIon "otic!: AKmcy OIU Number do hereby state: (C'hedappropriatearea) 49.8 Officcr Uadg!: Number/I.D. OF Origmatmg Agency Case Number(OCA) I. 181 o o I accuse the above named defendant, who lives at the address set forth above or, I accuse the defendant whose name in unknown to me but is described as I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefor designated as John Doe. with violating the penal laws of the Commonwealth of Pennsylvania at 30/2nd Street, West Fainit", in Cumberland County, Pennsylvania on or about between April 30, 1999 and June 3, /999. Participants were: ((rthere were participants. place their namcJ here. repealing name or above dc:rendant) PAUL LAROSA 2. The acts committed by the accused were: (Set Forth uunvnary ohhe f:lClS ,uflkientto advise Ille dcrmdanl oflhe nalure aflhe offmse ,hilrScd ^ Cil.1lil'lllo Ihe swulc a.IkJcdly ~iol;ucd. without more. is not lum,ienl. In a lumnwy cue, you musl cite llleJpeCifiC:seclionan.dlubscctionohhcll.1l\lleorordinarKealrcJcdly~iol:llcdl INDIRECT CRIMINAL CONTEMPT - 23 Po. C.S. *6101 Actor did vlDlate a Protection FrDm Abuse Drdcr signcd by a Pennsylvania Court of Common Pleas Judge. Vlc/im: Kim Via LaRosa PFA Order Nllmber and Dale of Isslle: 99-2107 Civil Term, issues April 19, 1999 Violation Committed: Defendant did viDlale paragraph 4 of Final Protection Order 99-2107 wblch states, "Defendant shall not cDntact the Plaintiff by telephone or hy any other meand, including third parties," in that the Defendant did send at least four (4) letters tD the Plaintifrrrom Cumberland County Prison while incarcerated on charges stemming from alleged crimes perpetrated against the Plaintiff. .m , tUalcj Defend..1 N..... PAIII.I.AROSA Docket Number: *' POI.ICE CRIMINAl. COMPLAINT INDIRf:crCRIMINAL CONTliMPr. 2J PII. C.S.ldlOI Actor did .101110 a ProlocUon .'rom AbulO ordor Illned by I Ponnlyl,"nl" Court of Common Ploa, Judie. I'lt/lm: Kim Via LaRo.. PFA Ordrr Numbrrand DO/roJlssu,: 99.2107 <:1.1/ Term,llIuod Aprl/ 19, 1999 Via/allan Commlnrd: Derendanl did .Iolalo paragrlph 6 or Final ProlecUon Order 99.2107 which ,III... MDerondanl ,hal/lmmedlalely lurn o..r 10 the Shorler, ornce, Iho following woaponl, u,ed or Ihrtal.ned 10 be u,ed by Derendanlln an acl or abule Iglln'l PlalnUrr: .J57 handgun." In thallhe Dercr,dlnl ha, not turned o.er Ihl, weapon.. directed. all or which were against the pence and dignity orlhc Commonwealth orrcnnsylvania and conlrary to the Act of Assembly, or in violation of: I. 6/01 orlhe 2J Po. c.s. 2 cs.rtIM, ISobMctlHI Ir"SIIIII"I te...lIl 2. of the 15M"" IS.bwnl.., IP"5411'''' C{:OllltllJ 3. oflhc 15Kt:..., jS.bwnlo., {PASllIO"l lC"'UI 4. of.hc (Stet....) tSDbMttloll1 {P"SUlaltl tC"'hI 5. or.hc IStftklo, (SUbHC'lMIII C'ASllloll, (CO.'II) 3. I ask that D a warrant ofarresl or [g] a summons be issued and that the defendant be required to answer the charges r have made. (In order for lJ warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. I verify that the facts set fonh in this complaint arc true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. 4904) relating t Isifications to authorities. Ilo --;r:, \.u Cfl_ (Pitt) ) AND NOW, on this date . J certify the complaint has been properly completed and verified. An affidavit of probabh: cause must be completed in order for a warrant to issue. (Maa1IlerlaIDlllrlct) (1IIulncAulhorUy) (SEAL) 2 i :, ./ AFFIDAVIT OF PROBABLE CA USE COURT OF COMMON PI.EAS OF CUMBERLANDCOUNTV rOMPI.AINT NUMBER YEAR TVI'E NUMBER Complaint Numbcr5 if Olhor Participants 99.05.0152 INCIlJENT NUMBER 99.0681 UCR NO. 260 OTN COMMONWEAL TII OF PENNSVLV AN1A DEFENDANT: VS. NAME Paul LaRosa I, Detective Letitia R. Woodford (Name of Affiant) AND ADDRESS 3655 Chambcr5 Hill Road lIarrisburg, VA 17111 of Cumberland County District Allorney', Ornce, Crlmlnallnvc,tlgatlon D1vl5lon (Idontify dcpartmont or agency reprosontod and political subdivision) boing duly sworn (or affirmod) before me, according to law, doposes and says thatthore is probablo causoto beliovothat: PROBABLE CAUSE BEl.IEF IS BASED ON THE FOLLOWING FACTS AND CIRCUMSTANCES: Your affiant is a Dctectivo with thc Cumberland County District Altornoy's Offico, Criminallnvostigation Division and has boon so omplDyed for the past 2 years. On April 19, i999, the Honorable J. Wesloy Olor, Jr. signod Final Protoction Order No. 99-2107 Civil Tonn. This order lists Kim Via laRosa at the plaintiff and Paul John LaRosa as the defendant. Paragraph throe (3) of Final Protoction Ordor 99.2107 statos in part, "Do fondant is prohibitod from baying ANY CONTACT with Plaintiff at any location..... and paragraph four (4) states, "Dofondant shall not contact tho Plaintiff by telcphono or by any othor moans, including third parties." On or about April 30, 1999, tho Plaintiff reccivod two (2) handwriuon 10Uer from tho Dofondant Paul laRosa. On or about May 8, 1999, tho Plaintiff receivod another handwrilton louor from tho Dofendant and again on or about June 4, 1999. Each ofthesoleuors wero sont in an envclopc with a return addross ofCumborland County Prison. In sonding this corrospondonco, tho Defondant has violated paragraphs 3 and 4 of Final Protection Ordor 99-2107. Paragraph six (6) of Final ProtoctiDn Order 99-2107 statos, "Defondant shall immodiatoly turn ovor to the Shoriff's Offico, or to a local law onforcomontagoncy for delivory to the Shorifrs Offico, tho following woaponls used or lhroatoncd to bo used by Dofondant in an act ofabuso against Plaintiff: .357 handgun." According to information roceivod from Deputios of the Cumborland County Shorirrs Dopartrnont, tho Defondant is currontly in violntion of paragraph sic (6), as thcy are not in rocoipt of this weapon, nDr havo they beon contaclod by any other law onforccmont agoncy that the woapon bas beon turned over by tho Defondant. In Iiou of the infonnation presented above, I respectfully request tho Defondant bo summoned to appoar beforc tho Court to answer the charg s oflndirect ,crimin~t. L\L\- SIGNATURE OF AFF ANT ADDRESS OF P VA TE CITIZEN BADGE NO. DlSTRICTIUNIT Sworn to and subscribod before me this day of ,19_ (SEAL) (Signature of Issuing Authority) DISTRICT JUSTICE COURT NO. OFFICE ADDRESS: Date Commission Expires: Phone: KIM VIA LaROSA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99-2107 CIVIL TERM PAUL JOHN LaROSA, Defendant : PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: PAUL JOHN LaROSA Defendant's Date of Birth: 12/04/51 Defendant's Social Security Number: 189-44-9786 Name of Protected Person: KIM VIA LaROSA AND NOW, this -1 '1 fL day of April, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: The P1ain1iff, Kim Via LaRosa, is represented by Joan Carey of Legal Services, Ine.; the Defendant, Paul John LaRosa, is unrepn:sented, but has been advised of his right to counsd in 1his matter. The Defendant, although agreeing to the tenns of this Order, does not admit the allegations made in the Pe1ition. lID Plain1irrs request for a Final Protection Order is granted pursuant to the consent of Plaintift" and Defendant. o Plaintiff's request for a Final Protection Order is denied lID I. Defendant shall not abuse, slalk, harass. threa1en the Plaintiff or any olher protected person in any place where they might be found. o 2. Defendant is completely evicted and excluded from the residence at or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. [J On _ at _.m., Defendant may enler the residence 10 retrieve hislher clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. Ii9 3, Defendan1 is probibited from having ANY CONT ACf wi1b Plaintiff at any location, ineludlng, but not limited 10, any con1act at Plain1if1's residence and/or ber place of employment. Defendant is specifically ordered to stay away from 1he following locations for tbe duration of tbis Order: Plaintif1's raidence: 3012""Street, Wes1 Fain-iew, Cumberland Coun1y, Pennsylvania. Plaintif1's Dlace of emDlovment: Office of Dr. L.M. Cornisb, 2092"" Street, Higbspire, Daupbin County, Pennsylvania. Ii9 4. Defendan1 shall no1 eon tad 1be Plain1iIT by telepbone or by any olber means, ineluding tbird parties. o 5. Custody of Ihe minor children, , shall be as follows: (or see allached Custody Order) Ii9 6. Defendant sball immediately turn over to the SberilT's Office, or to a local law enforcement agency for delivery to the SheriIT's Office, 1he following weaponls used or threatened to be used by Defendant in an act of abuse against Plaintiff: .357 handgun. Defendan1's weapons shall remain in the custody of the Cumberland County Sherif1's Department pending further Order of Court. o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. Ii9 8. The following additional relief is granted as authorized by ~6108 of this Act: Tbis Order shall remain in eITed until modified or 1enninated by 1he Court and can be extended beyond its original expiration date if 1he Court finds that Defendant has committed an act of abuse or has engaged in a pattern or prac1ice thaI indicates risk of harm to Plain tilT. The Defendan1 is required to relinquish to the sheriIT any firearm license Defendan1 may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protec1ion Order after Defendan1 has submitted a written reques1 10 the Court for the return of the weapons and 1he Court has no1ified Plain lilT of the request and given Plain lilT an opportunity to respond. A copy of this Order shall be ...."". transmitted 10 the chief or head of the police deplrtment of Swa1ara Township in Dauphin County. where Defendant resides, and the sheriff of Cumberland County. lbe Defendant is enjoined from damaging or destroying any property owned joinlly by the parties or owned solely by Plaintiff, The Defendant is 10 refrain from harassing PlaintilT's rela1ives. o 9. Defendant is directed to pay temporary support for _ as follows: _' This Order for support shall remain in effect until a tinal support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not tile a complaint for support with the Court within tifteen (15) days of the date of 1his Order. The amount of 1his 1emporlll)l order does not necessarily reflect Defendant's correct support obligation, which shall be detennined in accordance with the guidelines at the support hearing. Any adjustments in the tinal amount of support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of1his action are waived as to Plaintiff and imposed on Defendant. o 11. Defendant shall pay $_ to Plaintiffas compensation for Plaintiff's out-of-pocket losses, which are as follows: OR o Plaintiff is granted leave 10 present a petition, with appropriate notice to Defendant, to requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotlll)l'S office for the tiling of this petition. o 12. BRADY INDICATOR o 1. The Plaintiff or protected person/s is a spouse, fonner spouse, a person who cohabitates or has cohabited with Defendant, a parent ofa common child, a child of thaI person, or a child of Defend anI. o 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. o 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/so o 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR o The tenns of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. .- .... l&> 13, TillS ORDER SUPERCEDES: o ANY PRIOR PFA ORDER o ANY PRIOR ORDER RELATING TO CHILD CUSTODY. l&> 14, All provisions of this Order shall expire one year from the dale this Order is en1ered, NOTICE TO THE DEFENDANT VIOLATION OFTHIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFIY (SO) STATES, THE DISTRICT OF COLUMBIA, TRffiAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION,18 U,S.C.~2265. IFYOU TRAVEL OUTSIDE OFTHE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C, ~~ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S,C, ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS THE POLICE WHO HAVE JURISDICTION OVER PLAINTIFF'S RESIDENCE OR ANY LOCATION WHERE A VIOLATION OF THIS ORDER OCCURS OR WHERE DEFENDANT MAY BE LOCATED, SHALL ENFORCE THIS ORDER. AN ARREST FOR VIOLATION OF PARAGRAPHS I THROUGH 7 OF THIS ORDER MAY BE WITHOUT WARRANT, BASED SOLELY ON PROBABLE CAUSE, WHETHER OR NOT THE VIOLATION IS COMMfITED IN THE PRESENCE OF THE POLICE. 23 PA.C.S. ~6113. SUBSEQUENT TO AN ARREST, THE POLlCEOFFICERSHALLSEIZE ALL WEAPONS USED OR THREATENED TO BE USED DURING THE VIOLATION OF THE PROTECTION ORDER OR DURING PRIOR INCIDENTS OF ABiJSE. THE CUMBERLAND COUNTY SHERIFF'S DEPARTMENT SHALL MAINTAIN POSSESSION OF THE WEAPONS UNTIL FURTHER ORDER OFTHIS COURT. WHEN DEFENDANT IS PLACED UNDER ARREST FOR VIOLATION OF THE ORDER, DEFENDANT SHALL BE TAKEN TO THE APPROPRIATE AUTHORITY OR AUTHORITIES BEFORE WHOM DEFENDANT IS TO BE ARRAIGNED. A "COMPLAINT FOR INDIRECT CRIMINAL CONTEMPT" SHALL THEN BE COMPLETED AND SIGNED BY THE POLICE OFFICER OR PLAINTIFF, PLAINTIFF'S PRESENCE AND SIGNATURE ARE NOT REQUIRED TO FILE THE COMPLAINT. ~ ", ,. ,,' (-. (.; ~ i.,:" , t') - ~i; l , f~ -: cit @" "'. ri (', .,. :- I I. , =-j 1.1. .. n, l l.J '-, ,.) ..... '" LL:$ c .", ~ OZ e cn~ .", (0) .. z - is''' u a:~wo ..J> o ~t:: o..~ .,., ~:J6:$ zz u 0. OW " e I-ocn~ ::;0.. .. " 2uw::o; .", ., ::;~ '" c a:O(/)'" Oz c 0 I-z:J~ o:J ....u !!l5oz LLO '" oa:~z Ou '" ...... WW W ".... 0'-' J:al:Jo.. 1-0 "'.... '" c < 1-::;; 0 . a:z o .", '" " '" LL:JU~ 55 "'., 0-'", Jl. oUwcn " c c Oa: -' .", c " ...... WLLz::i ww " > "'.... uOoa: :tal "..... o " ,... - c( 1-::;; ....Jl. ..,"" a tt 0 z:J > .... 0 -u .... N e " I .... '" '" "" Jl. '" . OFFICE OF THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE. PENNSYLVANIA 17013 JUL ~ U 1999 t/J ~ In ,The Court of Common Pleas of Cumberland County, Pennsylvania Kim Via l.aRosa VS. Paul John LaRosa No, 99-2107 Civil 19_ Now, 4/9/99 Dauphin 19_,1 SHERIFF OF CUMBERLAND COUNTY, PA do bereby depullzothe SberllTof COUDly tD ..eculelhls Wrlt,lhl, dOpul.lIon bolng m.de '1lbe roquosl.nd rl5k ofth. PlalntllT. r~~ SherllTofCumberl.nd Counly, P.. ***Confiscate any weapons, specifically a ,357 handgun and contact our department to transfer possession*** Affidavit of Service Now, wltbin upon .1 by b.nding 10 ,"ested copy oflhe orlgin.1 the contenlS thereof. 19 ,.t o'clock M, served the a true and .nd m.de known 10 So answers, Sheriff of County, Pa. COSTS Sworn .nd subscribed before me this d.y of 19_ SERVICE MILEAGE AFFIDAVIT s s .' . ". KIM VIA LaROSA, Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANJA ; NO. 99-.r!J/c>7 CIVIL TERM : PROTECTION FROM ABUSE vs. PAUL JOHN LaROSA, Defendant YOU EAVE BEEN SUED IN CO:JR'f. If you wish 10 deflllld apInIa the c1alrnJ let rOM in the following papers, you must appear at the bearing """""'..led henin. If you fkIJ 10 do 10, the ClIO may proceed against you and a FINAL Order may be entered against you graDting the rdIefl'llqUCltCd In the Petition. In particular, you may be evicted from your residence and 10Ie other important risJu. ,... A HEARING ON TInS MATl'ER IS SCHEDULED ON APRIL ~I"', AT ~.M.. IN COURTROOM NO.L OF THE CUMBERLAND COUNTY COURTIlOUSE:CARliSLE, PENNSYLVANIA You MUST obey the Order that is attached IIIIlil i1 is modified or ternIn-.l by the court after notice and hearing. If you disobey this Order, the police may lIII'llIt you. Violation oltbla Order may subject you to a charge of indirect criminaI contempt which is p..ni"""ble by a Ilne olup to SI,ooo.OO andIorup to six months injaiI under 23 Pa.C.S. ~6114. Violation may aI&o subject you to proteCUtlon and criminal penalties under the PeonsyIvania Crimes Code. UDder federal law, 18 U.S.C. 12265, tbIa Order il enforceable anywhere in the United States, tribal lands, U.S. Territories and the COIIDIIOIIWIlI1th ofPuerto Rico. If you travel outside of 1he state and intentionally violate this Order, you may be subject to federal crimina1 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, .ppolDt alawJer (0:- you. lIyou do Dot have a lawyer or cauDOt afford one. go to or telephone tbe ofdce let (ortII below to flad out wbere you can get legal help. Hyou cauDOt flad a lawyer, yon may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISAWLITIES ACI' QE..122!l The Coun,ofCommon Pleas of Cumberland County is lllCIuired by law 10 comply with the Americans with Disabilities Act of1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before 1he coun, please contact DIU office, All arrangements must be made at least 72 hours prior to any hearing or businclI bcfore 1he coon. You mus1 attend the scheduled conference or hearing. I , : I I I .j , . . .. [J S, Pending tho OUlcomo of tho lInaJ hoarina In IhI. lIIIl1er, PIaIadIr I. aWll'cled lemporary custody of 1ho following minor dlIIclIren: Un1iJ 1ho final hoarins. all contact betwoon Dofcndan1 and lhe chIIclIren IhalI be limiled to 1he followins: Tho local law cmf'on:c.....nt qency In the jurildlctlon when tho chIlcl1ren arc 10000ed IbaII ensure that the chIIclIren are placod In 1he c:aro and control ofPlainlift'ln ICCOrdanco with the lerms of thIa Order. IE> 6. Def'end.ut .halll....edlattly rellaqua" Ihe (oOowlal weapoa. to the Sberill'. Omce or a designated locaI"w ea(orceaaeat qeDcr (or tbe delIver,. to the Sberlft'1 omce: 3 riDes (two .30-.40 CraIJ riDa, aad ODe .301 rine) 1 IwIdpa (.357 IwIdpa) 1 bow ud III1'OWI Defendaat b problblted f'rolll p.aa.lal, tnlllf'mial or acqulrialuy otherweapoDl for the duradoa ortbls Order. IE> 7. The foUowfal addltlo..... rellef'l. ......ted: The CUlllberlaad CODaa,. Sberill'. Deplll1llleat .baII attempt to IIIake servIc:e at PIaladll'. requat..d without pre-paJllleat offea, bat service lIIIy be accolllplbhed UDder Illy appDuble Hale of CIvil Procedure. This Order sball be dodceted lu tbe omce of the Prothonotary aad forwarded to the Sberifl'for service. ne ProthoaoWy .ba11 not lead a copy oftbls Order to Def'ead.ut by maIL This Orderlball remaJa 10 efl'ect untU modified r;rtenalnated by the Court IUd caa be extended Hyoad III oriafnal uplradon date if the Court flacb that Def'eadant bu committed .. act af &blUe or bu enpged In a pattern or practice that Indlcata risk of hann to PlalntHr. Dcfendut Is required to relluqulsh to the sherifi' any firearm license Def'endant may pollen. Def'eadant'. weapon. and f'Ireann license may be returned at the apiradon oftbe Protection Order after Defendant hu .uhmitted a writtea requcst to the Court for the return of tbe weapoDl aud the Court bu notified Plalntlfl' of the request ..d given PIalntlfl'u opportunity to rapond. A copy ofthb Order sball be tran.mltted to the chief or head of tbe pollee department of Swatan TowDlhip, Dauphin County, where Defendaat reslda, and the sherifi' of Cumberland County, . -.. Del'eJIdaat II enJolaed f~ damaslal ordestJ"o)'lalUJ plope.1y cnnaedJollitly by the parties or cnnaed IOIeIy by PWatiJl'. Defeadant II to ref'rala I'roIII haraulDl P1aiatifT's rdatlves. IE> 8. A certif1ed cOP1ofthJs Order.haD be pl'llVided to the poIkedepartmentwbere PWatiJl' resides aDd aay otber llleaC)' spedfled Iacreafler: East Peaasboro TowasIaIp PoUce Department. IE> 9. THIS ORDER SUPERSEDES IE> ANY PRIORPFA ORDER o ANY PRIOR ORDER RELATING TO CInLD CUSTODY THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECf UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND BEARING. NOTICE TO DEFENDANT Del'eJIdant is bereby aotifled daat violatloa 01 thIJ Order IU)' result la arrest for ladlrect crimiaal coatempt, wbich is puaisbable by a fiDe of up to 51,000.00 ad/or up to sh moaths la jaiL 23 Pa.C.s. fi6114. Cousent of the PlaiDtift'to Del'eadaDt's retunI to the resideace sbaD uot lavalt-l.... this Order, wbich can ouly be cbaDged or modified through theflllq oIappropriate court papel'll for that purpose. 23 PLC.s. fi6113. Def'eadaut is furtheruotified thatviolatioaofthIJ OrdermaYlUbJect blmIber to state charges and p"".Itf.., uader the PeuJIIyIvaaia Crimes Code aDd to fedml charges aud penalties uader the VioleJIce Against Women Act, 18 U.S.c. H 2261-2.261. ADy protectioa order granted by a court may be colllidered ia any subsequeat proCCfd1np, ladudiDg chUd custody proceedings, under title 23 (Domestic Rdatiom) of the Peaasylvaala Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OmCIALS This Order shall be enforced by the police who have jurisdiction over the plaintifi's residence OR any locations 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 may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based soldy on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law eoforcement officer shall seize all weapons used or threatened to be used during the violation of Ibis Order OR during prior incidents of abuse. Weapons must fonhwith be delivered to 1he Sheriff's office of the county which issued this Order, which office shall maintain possession ". 7. The facts of1he most rec:att iacident ofabuse arc u folloWl: Dl1e: On or about April 6,1999 TIme: Approximately 7:00 Lm. Place: P1aintilrs residence located 11 301 2- Street, West FliMew, Cumberland Cowuy, Pennsylvania On or about April 6, 1999, PlaintifF received a 1e1ephone c:aII from DeCaIdaut, who wu in Polyclinic Hospital recovering from self.inl1icted WOlIIIds .......lnI18 ftom his suicide attempt on or about April 3, 1999 (roe paragraph 8(a)). Defcodant told Pfaintiff'that he meant to scare her by the April 3'" incident, which included threItI to kin her IIId himself' and acting in furtherance ofthia lattl":' threat by slitting his throat with . knife ......,oit1g serious injury. Defendant also described to Plaintiff'in detail how he wed from room to room in her house looking through her penonal ell'ects, lIIId watched her u abe approached herresidence that night with the police. WhenPlaintifrukedDefendantwhyhetried to kinhimseJt: he told her it was because she did not invite him to have Easter dinDerwith her. Defeudant threatened at least twice during his telephone c:onversation with Pfaintiff'that he intended to kin himself when he got out of the hospital. Plaintiff' fears for her life ifDefeodant is released from the hospital. 8. Defendant has committed the following prior acts of abuse agaiDst PIaintift: a) On or about April 3, 1999, Defendant left the home ofhiltlonghter, Rebecca LaRosa. leaving notes addressed to her, Plaintiff's t1..,gltto:r, lIIId PlaiDtiff's father, in which he threatened to kin PJaintifr aod himseJL After reading the notes, Rebecca telephoned fiunily members and the police were notified. Shortly after midnight, on or about April 4, 1999, Plaintifrwas colltal:ted by the local police and advised of the situation. The Eat Peunshoro Township Police accomp8llied Plaintift'to her residence, searched her home, and found Defendant in the attic suft'ering from self-inflicted lacenttioDS to his throat. Police radioed for an ambulance, and Defendant was taken to Harrisburg HospitaJ where he underwent emergency surgery for his injuries. Police found a letter left for Plaintiffby Defendaut with threats including: he was taking matters into his own hands; they would both be "gone", and ifhe could not have hr:r, no one else would Later in the day on April 4, 1999, after his surgery, Defendant told his t1'1lIgl!ter, Rebecca, who was visiting him at 1he hospital, that he intf!ftljed to "finish the job" lIIId "remove the poison" when he got out of the hospital. Fearing for Plaintiff's life, Rebecca told her ofDefendant'stbreat, and also reported the threat to the Eat Pennsboro Township Police the following day. PIaintifr advised the hospital staff' at Polyclinic Hospital, where Defendant has since been transferred, of his threat. Defendant remains hospita1ized through an involuntary commitment proceeding. b) 0/1 or about March 30, 1999, unbeknownst to Plaintift; Defendant entered her residence lIl)d stood behind her, watching her and startling her when she turned around. . I', , '. Defendant, who moved out of the residence in Febnwy 1999, '--me augry when Plaintiff' refused to allow him to move bade in with her, grabbed her by tbo 111III, shook her violently, yelled in her face, and squeezed her face with his hand. Defl:uda.:d foUowed PIaintifl' when she left 1he room 10 get away from him, IlIfiIscd to leave after abo uIced him to seven.! limes. and told her that she would have to call the police to have him raoovcd. Defeudam told Plaintiff that he had stalked ber when she went out with fiiaIds tho previous W"d;"'c.l. described in detail the clothing she. wore, where she sat, and who she wu with. c) In or about January 1999, Defendant grabbed PlaintilFby her ums; jerbd her up off' of the chair; kW:d her forcefilJly on the mouth; told her that she wu still his wife and said, "I can fuck you whenever r want." d) In or about December 1998, Defeudant told PIaintitr on Illea.st two occasions that he wu contCl\lplating suicide. Concerned about Defendant's instability, Plaintitrtelephoned Crisis Intervention on Defendant's beha1f. 9. Defcndantowns at lea.st3 rifles (two .30-.40 Craig rifles, and one j08 rifle), I baudgun(.3S7 handgun), and a bow and arrows, Defendant has made serious written and verba1 threats to take Plaintifrs life., and that of her friends', Defendant has recently attempted to kill himself: IIIIlI has COntim'ed to threaten to kill Plaintitr and himself when he is released from the hospital. 10. The foUowing police deputmcnt or law emorcement agency in tboareain whichPlaintifilives should be provided with a copy of the Protection Order: East PCIIIISboro Township Police Department. II. There is an imm..ni.t(' and present danger of further abuse from Defendant. 12. Plaintifl'is asking the Coun to exclude Defendant fromPlaintifrs~denceat 3012- Street, West Fairview, Cumberland County, Pennsylvania, which is owned by PIainti1I WHEREFORE. PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFI'ER BEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A Restrain Defendant from abusing, threate.mng, harassing, or stalking Plaintift'in any place where Plaintiff'may be found. B. Exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any tCl\lporary or permanent residence of the P1aintif[ C. Prohibit Defendant from having any contaet with PlaintifF either in person, by 1elephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintifl's place of CI\Iployment. D. Prohibit pefend;mt from havjDg any contact with Plaintifl's relatives. E. Order Defendaat to 1emporarily turn over weapons to the Sheriff' of this COIIIIty IIId prohibi1 Defendant from transferring, IaJUiring or possessing any such weapons for the duration of the Order, F. Order Defendant to pay the COSll of this action, iDcIudiDg filing and service fees. G. Order Defendant to reimbw-seCumberIand County, a1.egal Services funding SClUI'Ce, $250.00 for the value of tho legal services provided to Plaintift'for the cost of litigating this case if 1ho case goes to bearing, H. Order the f.,Uowing additional relict; not listed above; The Defendant is required to reIiDquish to the sberi1F any firearm license Defeodam may POssesJ. Defendant's weapons and fircann license may be re!Umed at the expiration of the Protection Order after Defendant bas submitted a written request to the Court for the return of the weapons and the Court bas notified Plaintiff of the request and given PIaintift' an oPPortunity to respond. The Defendant is enjoined from damoging or destroying any property owned jointly by the parties or owned solely by PIainti1f. The Defeudant is to refhUn from harassing Plaintifr s relatives. 1 Grant such other relief as the COUll deems appropriate. 1. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority ofany addresses, otherthanDefendant's residence, where Defendant can be served. Date; 4/''1 / 1q I , Respectfully subt.I!itted. ~ at~./ loan Carey, Attorney for Pi8imi1r LEGAL SERVICES, INe, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 , . r.... .., .~ , I' I- l ,'. . 'd~ " '. ~S ,.. ~ ~;"'; . I.1:!!l l ..\ ~ 0 ~;3 @!! a-!l 1 ~ ~ ~ I 00 13, TillS ORDER SUPERCEDES: o ANY PRIOR PFA ORDER o ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 09 14. All provisIons or this Order shall elpire one year rrom the dale this Order is entered. NOTICE TO THE DEFENDANT VIOLATION OFTHIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECf CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C,S. ti6114. VIOLATION MAY ALSO SUBJECf YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFIY (SO) STATES, THE DlSTRlCf OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S,C. ti226S, IFYOU TRAVEL OUTSIDE OFTHE STA TEAND INTENTIONALLY VIOLATE THIS ORDER. YOU MAY BE SUBJECfTO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACf, 18 U,S,C, titi 2261-2262, IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BESUBJECfTO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. ti922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS THE POLICE WHO HAVE JURISDICTION OVER PLAINTIFF'S RESIDENCE OR ANY LOCATION WHERE A VIOLATION OF THIS ORDER OCCURS OR WHERE DEFENDANT MAY BE LOCATED, SHALL ENFORCE THIS ORDER. AN ARREST FOR VIOLATION OF PARAGRAPHS 1 THROUGH 7 OF THIS ORDER MAY BE WITHOUT WARRANT, BASED SOLELY ON PROBABLE CAUSE, WHETHER OR NOT THE VIOLATION IS COMMIITED IN THE PRESENCE OF THE POLICE. 23 PA.C.S. ti6113. SUBSEQUENT TO AN ARREST, THE POLICE OFFICER SHALL SEIZE ALL WEAPONS USED OR THREATENED TO BE USED DURING THE VIOLATION OF THE PROTECTION ORDER OR DURING PRIOR INCIDENTS OF ABUSE. THE CUMBERLAND COUNTY SHERIFF'S DEPARTMENT SHALL MAINTAIN POSSESSION OF THE WEAPONS UNTIL FURTHER ORDER OF THIS COURT. WHEN DEFENDANT IS PLACED UNDER ARREST FOR VIOLATION OF THE ORDER. DEFENDANT SHALL BE TAKEN TO THE APPROPRIATE AUTHORITY OR AUTHORITIES BEFORE WHOM DEFENDANT IS TO BE ARRAIGNED. A "COMPLAINT FOR INDIRECT CRIMINAL CONTEMPT" SHALL THEN BE COMPLETED AND SIGNED BY THE POLICE OFFICER OR PLAINTIFF, PLAINTIFF'S PRESENCE AND SIGNATURE ARE NOT REQUIRED TO FILE THE COMPLAINT. CI On - at_.m., Defendant may enter the residence to retrieve hislher clothing and olher personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. lB> 3, Defendant is prohibi1ed from having ANY CONTACT wi1h Plaintiff at any location, inclUding, but not limited to, any contact at Plaintiff's residence and/or her place of employment, Defendant is specifically ordered to stay away from 1he following loca1ions for the dural ion of this Order: Plaintiff's residence: 3012""Stree1, West Fairview, Cumberland County, Pennsylvania. Plaintiff's olace of emolovmen1: Office of Dr, L.M. Cornish, 209 2"" Slreet, Highspire, Dauphin County, Pennsylvania. lB> 4. Defendant shall not contact 1he Plaintiff by telephone or by any olher means, including third parties, o 5. Custody of1he minor children, , shall be as follows: (or see attached Custody Order) lB> 6. Defendant shall immedia1ely turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sherill's Office, the following weapon/s used or threatened to be used by Defendant in an ad of abuse against Plain lifT: .357 handgun. Defendant's weapons shall remain in the custody of the Cumberland County Sheriff's Department pending further Order of Court. o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of1he Temporary Order shall not be returned until further Order ofeourl. lB> 8. The following additional relief is granted as authorized by ~6108 of this Ac1: This Order shall remain in effect until modified or 1enninated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice 1hat indicates risk of harm to Plaintiff. The Defendan1 is required 10 relinquish 10 the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has no1ified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be " tnlDsmitted to the chief or head of the police department of Swa1ara Township in Dauphin Count)', where Defendant resides, .nd 1he sherilTofCumberl.nd County, The Defendan1 is enjoined from dam.ging or destroying any property owned jointly by the parties or owned solely by Plaintiff. The Defendant is to refrain from harassing PI.intilf's rela1ives. o 9. Defendant is directed to pay 1emporary support for _ as follows: _' This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shalllapsc au10matically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendan1's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in 1he final amount of support shall be credited. retroactive to this date, to 1he appropriate party. o 10. The costs of 1his action are waived as to Plaintiff and imposed on Defendant. o II. Defendant shall pay $_to Plaintiffas compensation for Plaintiffs out-of-pocket losses, which are as follows: OR o Plain1iff is granted leave to present a petition, with appropriate notice to Defendan1, to requesting recovery of out-of-pocket losses. The petition shall include an exhibi1 itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by 1he Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR o 1. The Plaintiff or pro1ected personls is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent ofa common child, a child of that person, or a child of Defendant. o 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. o 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/so o 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected personls OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected 10 cause bodily injury. IF SUFFICIENT GROUNDS FOR VIOLATION OF THIS ORDER ARE ALLEGED. DEFENDANT SHALL BE ARRAIGNED. BOND SET ANI) BOTII PARTIES GIVEN NOTICE OF mE DATE OF TilE IIEARING, r I' I , t'" BY THE COURT, r, Jr. Judge This Order is entered pursuant to 1he consen1 of Plaintiff and Defendant: P4~~ Paul John CaRosa, Defendant ~~~tntiff LEGAL SERVICES. INC. 8 Irvine Row Carlisle, P A 170 \3 (717) 243-9400 KIM VIA LaROSA, · IN TIlE COURT OF COMMON PLEAS OF Plaintiff vs. · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 99-~ CIVIL TERM PAUL JOHN LaROSA, Defendant · PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU IIA VE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at 1he 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 bc evictcd from your rcsidencc and lose other important rights. A HEARING ON THIS MATTER IS SCHEDULED ON APRIL,I.6~1999, AT 1': 30 P.M., IN COURTROOM NO..L OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYL VANIA. You MUST obey thc Order that is attached unlil 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 injail under 23 Pa.C.S. *61 14. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Undcr federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in 1he United States, tribal lands, U.S. Territories and the Commonwcalth of Puerto Rico. If you 1raveI 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 1his paper 10 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 no1 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 10 proceed wi1hout one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3]66 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 I 990. For information aboul accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangemen1s must be made at least 72 hours prior to any hearing or business before Ihe court. You must attend the scheduled conference or hearing. [J S. Pending the outcome of the final hearing in this mailer. Plaintiff is awarded temporary custody of1he following minor child/ren: Until the final hearing, all contact between Defendanl and the child/rcn shall bc limited to the following: The local law enforcement agency in 1he jurisdiction where the child/ren are located shall ensure that 1he child/ren are placed in the care and control of Plaintiff in accordance with the 1enns of this Order. I&> 6. Defendant shall immediately relinquish the following weapons 10 the Sheriff's Office or a designated local law enforeemen1 agency for the delivery 10 the Sheriff's Office: 3 rifles (two ,30-.40 Craig rifles, and one .308 rine) I handgun (,357 handgun) I bow and arrows Defendant is prohibited from possessing, transferring or acquiring any olher weapons for the duration of this Order, I&> 7. The following addi1ional relief is granted: The Cumberland County Sheriff's Department shall attempt 10 make service at Plaintiff's request and without pre-paymen1 of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of 1he Pro1honotary and forwarded to the Sheriff for service. The Pro1hono1ary shall not send a copy of1his Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond i1s original expira1ion date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of hann to Plaintiff. Defendant is required to relinquish to the sheriff any firearm license Defendan1 may possess. Defendan1's weapons and fireann license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of 1he weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of Swatara Township, Dauphin County, where Defendant resides, and the sheriff of Cumberland County. Defendant Is enjoined from damaging or destroying any property owned jointly by tbe parties or owned solely by Pluin1iff. Defendant is to refrain from haraSllng Plaintiff's relatives. IE> 8, A certlned copy oftbis Order shall be provided to the police department where Plaintiff resides and any other agency specified hereaner: EIst Pennsboro Townsbip Police Departmen1, IE> 9. THIS ORDER SUPERSEDES IE> ANY PRIOR PFA ORDER o ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERiVlINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is bereby notlned tbat violation of this Order may result in arrest for indirect criminal contempt, whicb is punishable by a fine of up to 51,000.00 and/or up to sis. months in jail. 23 Pa.C,S. g61l4. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate tbis Order, whicb can only be cbanged or modified through tbe filing of appropria1e court papen for tbat purpose, 23 Pa.C,S. g6113. Defendant is further notified that violation ofthis Order may subject himlber to state cbarges and penal1ies under the Pennsylvania Crimes Code and to federal cbarges and penalties under the Violence Against Women Act, 18 U.S.C. gg 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including cbild custody proceedings, under 1it1e 23 (Domestic Rela1ions) ofthe Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by 1he police who have jurisdiction over the plaintiff's residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendan1 viola1es Paragraphs I through 6 of1his Order, defendant may be arrested on the charge ofIndirect 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 oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened 10 be used during the violation of 1his 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 delivered to the Sheriffs office of the county which issued 1his Order, which office shall maintain possession of the weapons until funher Order of this Coun, unless the weaponls are evidence ofa crime, in which case, 1hey shall remain with 1he law enforcement agency whose officer made the rres\. BY TJ:lE COU , ~ Judge ;; Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff I '1 "',' I I I 7. The facts of the most recent incident of abuse are as follows: Date: On or about April 6, 1999 Time: Approximately 7:00 a,lIl. Place: Plaintiffs residence located at 301 2nd Street, West Fairview, Cumberland County, Pennsylvania On or about April 6, 1999, Plaintiffrcceived a telephone call from Defendant, who was in Polyclinic Hospital recovering from self-inflicted wounds resulting from his suicide auempt on or about April 3, 1999 (see paragraph 8(a)). Defendant 10ld Plaintiff thaI he meant to scare her by1he April 3'" incident, which included threats 10 kill her and himselfand acting in furtherance of this latter threat by slitting his throat with a knife causing serious injury. Defendant also described to Plaintiff in detail how he went from room to room in her house looking through her personal effects, and watched her as she approached her residence that night with the police. When Plaintiff asked Defendant why he tried to kill himself, he told her i1 was because she did no1 invite him to have Easter dinner wi1h her. Defendant 1hreatened at least twice during his telephone conversation with Plaintiff that he intended 10 kill himself when he got out of1he hospital. Plaintiff fears for her life if Defendant is released from the hospital. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about April 3, 1999, Defendan1 left the home of his daugh1er, Rebecca LaRosa, leaving notes addressed to her, Plaintiff's daughter, and Plaintiff's father, in which he threatened to kill Plain1iff and himself. After reading the notes, Rebecca telephoned family members and the police were notified. Shortly after midnigh1, on or about April 4, 1999, Plaintiff was contacted by the local police and advised ofthe situation. The East Pennsboro Township Police accompanied Plain1iff to her residence, searched her home, and found Defendant in the auic suffering from se1f-inflic1ed lacerations 10 his throat. Police radioed for an ambulance, and Defendant was taken to Harrisburg Hospi1al where he underwent emergency surgery for his injuries. Police found a letter left for Plaintiff by Defendant wi1h threats including: he was taking matters into his own hands; they would both be "gone", and if he could not have her, no one else would. Later in the day on April 4, 1999, after his surgery, Defendant told his daughter, Rebecca, who was visiting him at the hospital, that he intended to "finish the job" and "remove the poison" when he got out of1he hospital. Fearing for Plaintiff's life, Rebecca told her ofDefendant's threat, and also reported the threat to the East Pennsboro Township Police the following day. Plaintiff advised the hospital staff at Polyclinic Hospital, where Defendant has since been transferred, of his 1hreat. Defendant remains hospitalized through an involuntary commitment proceeding. b) 0/1 or about March 30, 1999, unbeknownst to Plaintiff, Defendant entered her residencll aod stood behind her, watching her and startling her when she turned around. , " Defendant, who moved ou1 of the residence in February 1999, became angry when Plaintiff refused to allow him 10 move back in wilh her. grabbed her by 1he anns, shook her violen11y, yelled in her face, and squeezed her face with his hand. Defendant followed Plain1iffwhen she left the room to get away from him, refused to leave after she asked him to several times, and told her that she would have 10 call1he police to have him removed. Defendant told Plaintiff that he had stalked her when she went out with friends the previous weekend, described in detail the clothing she wore, where she sat, and who she was with. c) In or about January 1999, Defendant grabbed Plaintiff by her anns;jerked her up off of the chair; kissed her forcefully on the mouth; told her 1hat she was still his wife and said, "I can fuck you whenever I wanl." d) In or about December 1998, Defendant told Plaintiff on a1 leas1 two occasions that he was contemplating suicide. Concerned about Defendant's instability, Plaintiff1elephoned Crisis Intervention on Defendant's behalf. 9. Defendant owns at lcast 3 rifles (two .30-.40 Craig rifles, and one .308 rille), 1 handgun (.357 handgun), and a bow and arrows. Defendant has made serious written and verbal threa1s to take Plaintiff's life, and that of her mends'. Defendant has recently attempted to kill himself, and has continued to threaten to kill Plaintiff and himself when he is relcased from the hospital. 10. The following police department or law enforcement agency in the area in which Plaintifflives should be provided with a copy of the Protection Order: East Pennsboro Township Police Department. II. There is an immediate and present danger of further abuse from Defendant. 12. Plaintiffis asking the Court to exclude Defendant from Plaintiff's residence at 30 I 2nd Street, West Fairview, Cumberland County, Pennsylvania, which is owned by Plaintiff. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFfER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening. harassing. or stalking Plaintiff in any place where Plaintiff may be found. B. 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 either in person, by telephone, or in writing, personally or through third persons, including. but not limited 10, any contact at Plaintiff's place of employment. D. Prohibjt pefendant tram havjng any contact with Plaintiff's relatives. Date: E. Order Defendant to temporarily turn over weapons to the SheritT of this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for 1he duration of the Order. F. Order Defendant to pay the costs of this action, including filing and service fees. G. Order Defendant to reimburse Cumberland County, a Legal Services funding source, $250.00 for 1he value of the legal services provided to Plain1itTfor the cost oflitigating this case if the case goes to hearing H. Order the following additional relief. not listed above: The Defendant is required to relinquish to the sheritT any tirearm license Defendan1 may possess. Defendant's weapons and tireann license may be returned a1 the expiration ofthe Protection Order after Defendant has submitted a written reques1 10 the Court for the return of the weapons and the Court has notitied PlaintitT of 1he request and given PlaintitT an opportunity to respond. The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. The Defendant is to refrain from harassing Plaintiff's relatives. I. Grant such other relief as the court deems appropriate. 1. Order the police or other law enforcement agency to serve Defendan1 with a copy of this Peti1ion, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 4/'1 /1q I I I Respectfully submitted, g'--O-~J @VU-<-,/' ':Joan Carey, Attorney for l'faintitT LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 o ~ 'vi M ... \ 1 >- r-. -,.. 0; If; 10-. .". ~ :"3 .c:: ,~S U..__,. :..? (-)-:~ . rt: ~.-:' "'- r....../..., "-', ~:! r");':--:i C~( ~ cr. , : l:l.,:I,l_ I L:.; , Co:: : .~) c.. , {~ r... ,-:; I L Co' :~j , Q en () , -. .. ~ OFFICE OF THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY ONI. COUflITHOUal. aQUA"1. CARLlaU. PlNNanV...k'A 1701~ KIM VIA LaROSA, Plaintiff IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 99-2107 CIVIL PAUL JOHN LaROSA Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this ~y of July,1999, the hearing in the above. captioned case previously scheduled for Friday, July 30, 1999 at 8:30 a.m. in Courtroom #1 is rescheduled to Wednesday, August 4, 1999 at 8:30 a.m. in Courtroom #1. Due to witness availability, the Commonwealth requests this continuance. The defendant, PAUL JOHN LaROSA, is ordered to appear for trial on the charge ofIndirect Criminal Contempt before the Court on that date. William I. Gabig, Senior Assistant District Attomey J. JOHN PAUL LaROSA Oopn:.s 10 u.Q, ( ;., .... -:r rr; <..: '-.: ;,. .. ;..~, , '" ~.) j .; ... '" .. ,-", Cy , C" ',;'1 r.1 N ' -.~ lJ.; .' !.". [C.. _..J ,- It" ;-~ : a.. ". ~:i en :;J 0' CJ ,.;. -" , I: t' l-',_ j f' l. .- l. . .. .' : , ". , :~ c..,; , : '~I .~, ,- t... " , , ., J \ ..: ,. ,,"