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HomeMy WebLinkAbout99-02330 ....^..........' ":",~, , ''''' ' ., ~,.,' '1\') ry &: , o On _ at _.m., Defendant may enter the residence to retrieve hislher clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made, lE> 3. Except u provided in paragraph 5 of this Order, Defendant is prohibited from having ANY CONT ACI' with Plaintiff and/or the minor child at any location, Including, but not limited to, any contact at P1aintifrs cUlTent residence, and any other residence she may, In the future, establish for henelf, her school, and/or her place of employmenL In addition, Defendant is prohibited from going to the school and/or day care facility of the minor chUd. Defendant is specifically ordered to stay away from the following locations for the duration of tbis Order: Plaintifrs residence: 612 Somenet Drive, Mechanicsburg, PA P1aintifrs emDlovment: Wherever that may be Minor child's school: Filbert Street Elementary School, 505 Filbert Street, Mechanicsburg, PA Child's dav care facility: Wherever that may be lE> 4. Except as provided in paragraph 5 of this Order, Defendant shan not contact Plaintiff and/or the minor child by telephone or by any other means, including third parties. l&> 5. Custody of the minor child, SABRINA Y ASMIN COSTA, shall be u follows: Plaintiff shall have primary physical and legal custody of the minor child. Defendant may have contact with the minor child during supervised visits through the Carlisle YWCA's supervised visitation program, as set forth in this Court's Order of JUfJe I, 2000, (see attached Exhibit A, incorporated herein by reference) which was entered after a conciliation conference before Dawn S. Sunday on May 25, 2000. o ~. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enfor~ent agency for delivery to the Sheriff's Office, the following firearms and/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: .' o 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms and/or specifie weapons for the duration of this Order. Any firearms and/or 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 Co un. 18> 8. The following additionall'fliefis granted as authorized by fi6108 orthis Act: 1...91' enforcement agencies, human service agencies and school districts shall not disclose the praence of P1aintilTs and/or addra" telephone number, or any other demographic information about Plain tilT and/or the minor child, except by further Order of Court, This Order shall remain in elTect until modified or terminated by the Court and clln be utended beyond its original upiration date if the Court finds that Defendant bas committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to PlaintilT and/or the minor child, Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintifrs relatives and/or tbe minor child. o 9. Defendant is directed to pay temporary support for _ as follows: _' This Order for support shall remain in effeet until a final support order is entered by this Court. However, this Order shall lapse automatieally 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 Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. o II. Defendant shall pay $ _to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR o Plaintiff is granted leave to 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 Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR o I. The Plaintiff or protected person/s is a spouse, former spouse, a person who cohabit8tcs or has cohabited with Defendant, a parent of a 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 1 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 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 to cause bodily injury. ;(; .j~ ~ 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER. :' ~ 14. All provisions of this Order shall remain in effect for a period oflS months from tbe date tbis Order is entered. NOTICE TO THE DEFENDANT Violation of this 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 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 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 ':.1 Act. 18 U.S.C.~922(g), for possession, transport or receipt of firearms or ammunition. I. I. ;-. NQ...TICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintill'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 committed in the presence of the police. 23 Pa.C.S.~6113. > I " 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. f~ [.': t I '( If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY~ Edward E. Guido, Judge J This Order is entered pursuant to the consent of Plaintiff and Defendant: '1/ T /'~ Paul John Costa, Defendant ~ ~~~- ~~M--~ifl~ Maryann Murphy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 f2Dp/~ p~':J U't c;.,'~ --10 .(. S. CoJ';)Y nHu leeL. ~ ~\lE.c:.c. -1-0 i)s f) - J e B. Costopoulos, Attorney for Defendant COSTOPOULOS & WELCH 1400 North 200 Street Harrisburg, P A 17102 (717) 221-0900 ~ - ~/n/oo ~ tl o .>-....0 B Q """-0 o Cti i~ (;;, <'6 0:- <J c ~~ ~ , . . . , . J ',-", 1 ANGELA ZA YDON (formerly COSTA), : IN THE COURT OF COMMON PLEAS OF Plainliff vs. : CUMBERLAND COUNTY, PENNSYL VANIA PAUL JOHN COSTA, Defendant : NO. 99-2330 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARI~G AND ORDER YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the ease 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. This matter shaD be heard at the hearing regarding Elltension of the Protection From Abuse Order wbich bas been scheduled for the 27th day of June. 2000, at 3:00 n.m., in Courtroom No.5 on tbe 4" Floor oftbe Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is altaehed until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa. C. S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~ 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the seheduled conference or hearing. , , ; , ,~ April 27, 1999, and noted to her the terms of the Order currently against him. b) On or about May 24, 2000, fearing for Plaintilrs safety, Defendant's mother, Michaelina Costa, telephoned Mrs. Zaydon to warn her and Plaintiff that Defendant had rented a car and was on his way to Pennsylvania, in a "revenge mode." c) Late in the morning on or about May 24, 2000, Defendant drove to the minor child's school, which is within a block ofPlaintilrs residence, parked the car, and walked toward the school playground where children were outside at recess. The school principal, who was acting as playground monitor at the time, became suspicious when he saw Defendant walking toward the playground at the baek of the school rather than the front entrance, and approached Defendant. As he got closer to Defendant, the principal recognized Defendant, was aware that a Protection Order was in effect, and became alarmed when Defendant asked where the parties' daughter was. The principal took Defendant into the school to distract him, and as he went into his office to telephone the police, Defendant left the school. The Mechanicsburg Police responded, and as they approached Defendant, he walked away from them, refused to respond to them, and ran away. Defendant was pursued on foot by several officers until he was apprehended, arrested, eharged with DUI and criminal trespass, and placed in Cumberland County Prison on $50,000 bail after being arraigned before District Justice Bender. 3. Plaintiff fears that Defendant is likely to abduct and/or hann the parties' daughter, Sabrina Yasmin Costa, unless she is a protected party on the Temporary Protection From Abuse Order. WHEREFORE, Plaintiff requests that Temporary Protection From Abuse Order filed on April 27, 2000, be modified to include her child, Sabrina Yasmin Costa, for her protection. Plaintiff further requests that this matter be heard at the hearing scheduled in the above-captioned case for June 27, 2000, at 3:00 p.m. and that the child be included as a protected person in the Final Order of Court. Respectfully submitted, J:~~7' Oan Carey Maryann Murphy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 r.* ~ .';,'11 ',',j' ~H?; .~" ! ~' r':1f .l", l~~ '.~j ':"iz{. ,;;,,~ ~ ~~f );; .;" ~'- ,.-} ""I Ol .... '. ,,"~ 1:-; <~ ~ ; .( ) : '. , .i I c" , .' , I . ~ , .:... , :} " .' ~ , :,) JUN .2.2 20~j i\\, ANGELA ZA YDON (formcrly COSTA), : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 99-2330 CIVIL TERM PAUL JOHN COSTA. Defendant : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARI~G AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the ease 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. This matter sball be heard at the hearing regarding Extension of the Protection From Abuse Order which bas been scheduled for the 27th day of June. 2000, at 3:00 n.m., in Courtroom No.5 on the 4th Floor of tbe Cumberland County Courthouse, 1 Courthouse Square, Cllrlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified ortenninated 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. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal eriminal proceedings under the Violence Against Women Act, 18 US.C. ~ 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Amerieans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ANGELA ZA YDON (formerly COSTA), : IN THE COURT OF COMMON PLEAS OF PlaintilT : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99-2330 CIVIL TERM PAUL JOHN COSTA, Defendant : PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: PAUL JOHN COSTA Defendant's Date of Birth: 1l/19/63 Defendant's Social Security Number: 124-62-3704 Name of Protected Person: ANGELA ZA YDON (fonnerly COSTA) and her minor child, SABRINA YASMIN COSTA. ,vt AND NOW, this ~ day of June, 2000, upon consideration of the attached Petition for Modification of the Temporary Protection from Abuse Order entered on April 27, 2000, the court hereby enters the following Temporary Order: lID 1. Defendant shall not abuse, harass, stalk or threaten any ofthe above persons in any place where they might be found. o 2. Defendant is evicted and excluded from the residence at _ or any other permanent or temporary residence where PlaintilT may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. lID 3. Defendant is prohibited from having ANY CONTACT with PlaintilTandlor the minor child at any location, including, but not limited, to any contact at Plaintiff's current residence, or any other residence she may in the future establish for herself, her place of employment, her school, or the school of the minor child. PlaintiWs residence: PlaintiWs place of employment: PlaintiWs school: School of the minor child: 612 Somerset Drive, Mechanicsburg, PA Wherever that may be Wherever that may be Filbert Street Elementary School 505 South Filbert Street, Mechanicsburg, PA IE> 8. A certified copy orlhls Order shall ~ provided 10 the pollee department where Plalnliff resides and any olher agency specilied hereafler: MECHANICSBURG POLICE DEPARTMENT IE> 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN E.FFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO 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 injail. 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, ineluding child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintift's residence OR any locations where a violation of this order Occurs OR where the defendant may be located. If defendant violates Paragraphs I 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 solely on probable cause, whether or not the violation is committed in the presence ofJaw 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 whieh issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, (f/J /))J'd~' ()~ ~ dward E. Guido, Judg() . Joan Carey Maryann Murphy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Jeanne Costopoulos, Attorney for Defendant COSTOPOULOS & WELCH 1400 North 2nd Street Harrisburg, P A 17102 (717) 221-0900 TRUE COPY FROM RECORD In Ta.'ltlmooy wooreof, I hllre unto 581 my halla and Itle seal at sald Coot at Car1lsle, PlI. <-~.~ ~o_t, ~~~ Prot notllry ANGELA ZA YDON (formerly COST A), : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. : CUMBERLAND COUNTY. PENNSYLVANIA : NO. 99-2330 CIVIL TERM PAUL JOHN COSTA, Defendant : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR MODIFICATION OF TEMPORARY PROTECTIO~FROM ABUSE ORDER Plaintiff, Angela Zaydon (formerly Costa), by and through her attorney, Joan Carey of Legal Services, Inc., represents the following: I. Plaintiff filed a Petition for Extension of the Protection Order for Additional Year. A Temporary Protection From Abuse Order was entered on April 27, 2000, in the above-captioned action, and a hearing was scheduled for May 4, 2000, at II :00 a.m. and continued several times by agreement of the parties. 2. Plaintiff requests that the Temporary Protection From Abuse Order and Petition for Extension of the Protection Order for Additional Year entered on April 27, 2000, be modified for reasons including, but not limited to, the following: a) Defendant, who resides with his parents in Buffalo, New York, telephoned Plaintiff's residence on or about May 10, 2000, and spoke to Plaintiff's mother, Jean Zaydon, who owns the home and resides there with Plaintiff and her granddaughter, Sabrina Yasmin Zaydon, the parties' 8-year-old daughter. Defendant angrily told Plaintiff's mother that he had received papers that day indicating that ,/ ,.,,-~~~~. Plaintiff had filed a petjtilln to exten~ *e I'ro\cc\ion Ordcr entered against hill1.;~t ,<~ April 27, 1999, and noted to her the terms oflhe Order currently against him. b) On or about May 24, 2000, fearing for Plainlilrs safety, Defendant's mother, Michaelina Costa, telephoned Mrs. Zaydon to warn her and Plaintiff thaI Defendant had rented a car and was on his way to Pennsylvania, in a "revenge mode." c) Late in the morning on or about May 24, 2000, Defendant drove to the minor child's school, which is within a block ofPlaintilrs residence, parked the car, and walked toward the school playground where children were outside at recess. The school principal, who was acting as playground monitor at the time, became suspicious when he saw Defendant walking toward the playground al the back of the school rather than the front entrance, and approached Defendant. As he got closer to Defendant, the principal recognized Defendant, was aware that a Protection Order was in effect, and became alarmed when Defendant asked where the parties' daughter was. The principal took Defendant into the sehool to distract him, and as he went into his office to telephone the police, Defendant left the school. The Mechanicsburg Poliee responded, and as they approached Defendant, he walked away from them, refused to respond to them, and ran away. Defendant was pursued on foot by several officers until he was apprehended, arrested, eharged with Dill and criminal trespass, and placed in Cumberland County Prison on $50,000 bail after being arraigned before District Justice Bender. 3. Plaintiff fears that Defendant is likely to abduct and/or harm the parties' daughter, Sabrina Yasmin Costa, unless she is a protected party on the Temporary Protection From Abuse Order. ~. .. ( . : PAUL J. OOSTA, : IN '1'IIE CXXlRT " lJ:loIMC:N PLEAs C(' : alMBERLAND o::um, PmNSYtVANIA Plaintiff va. . . : 00. 00-2105 CIVIL TERM ANGELA ZAYIlCN COSTA, Defendant . . : CIVIL ACl'IOO - LAW : CUS'roOY' amm " CXXIRT AND !Dr, this ~ chy of tiM' J llpOlI ccn.sideratiCXl of the attached Cu.s~ Conciliation ordered end directed aa followa: , 2000, Report, it ia 1. nte prior Order of this Court dated April 30, 1999 is vacated and replaced Iii th thia Order. 2. 1tte Mother, Angela Z. Costa, shall have primary physical and sole legal ClUltcdy of Sabrina Y. Coata, bom April 25, 1992. 3. 1tte Father, Paul J. Costa, shall be entitled to have superviBed v1sil:atiCXl with the Child at the Y.i'1.C.A. in Carlisle, liith the paternal grandmcther present, as arranged between the parties and the Y.i'1.C.A. personnel. 1tte Father shall be respalSible for aU costs of visitation under this provision. 4. Counsel for either party may contact the Conciiiator liithin 90 days of the date of this Order to schedule .an. additionsJ. CUstody ConciliatiCXl Conference if necessary. . In T T~Ul! Copy FROM RECORD tnd ~~'lmon,Y w, hereof, I he,e unto set my hand B8s+u 0 said cour~ Pa rho / ' . ~:l.P)'~" a.Q .~.~ BY TIlE CXlllRT, ';L /!J1I~,J C. rI,;.J./J rtl E. do, J. ee: Jeanne' B. Costopou!os, Esquire - Counsel for Father Maryann Murphy, Esquire - Counsel for Mother EXHIBIT A . ~I;'{ '. N'"'''' J I..~ I\t'. .. i,\"d\: ~9 cu;./,...-\""~J< l;.j \'./:;:jN'1'l r-t:I\N3~:t}1,^ , .I .0.. (Oefcnclllnt'a Name:Paul J, COlta [ OOCkemumliiir: 11& POLICE CRIMINAL COMPLAINT 2. The acll commUted by the acculed were: (See for1h. ~ "'Ill r_ _10 Ill".. III dofendonl 01110 nallq 01'" 011...... chorgod. A eJlIlIon 10 lho.~lulo ollogedIy _. _...... II: noc ~ In. I\I'nmIry CUI, ~ nut CftI ....pedIc MetIon and.lbHcUon of the stikA. Of OtIInInc.llltgtdly \'IoI'Ied.) did violate the order Illued under the Prolectlon From Abuse Order # 99-2330 Civil-Term on the 271h day of June, 2000 by the Honorable Judge Edward E. Guido, which order directs the Defondont not 10 abuse, Itelk, herass, threaten. or contact In any menner Angela Zaydon and her minor chlldron: Sabrina Vasmln COlla. In lhalthe Defendant did meke eight (8) phone ealls 10 lhe vlcltms residence between the hours o( 0230 end 0854 on the 26th o( August 2000. And did make threatening remarks causing the vlcllm great distress, an put her In (ear o( bodily harm. \ The Defendant was personelly served with hIs copy o( the Protection From Abuse Ofder on 27th day o( June 2000.. ell o( which were against the peace and dlgnlly o( the Commonwealth of Pennsylvania and contrary to the Act o( Assembly, or In violation of t. 6114 o(the 23 PA.C,S. 1 (SectiOn) (""'"'"'"I (PAStlIuI.) (CW1tI) 2. oflhe (Secllon) (SUbMCtJon) (PAS"iul" (counll) 3. of the I-I (SUbMdlonI (PAStiMe) (c:ountal .. of the (5edlOn) 15UbSeCUon) IPASlalul.j (countlJ 3. I ask that a warrant o( arrest or a summons be Issued and that the defendant be requlfed to answer the charges I have made. (In order for a warrant of arrest to Issue, the attached affidavit of probable cause must be completed and sworn to before the Issuing authority.) 4. I verify thai the (acts set (orth In this complaint are true and correct to the best of my knowledge or Information and belief. This Verlfieatl.on Is made subjectt ltIas 0 ~ilo 4904 f the Crimes Code (18 PA.C.S.~4904) relat';J r~"t.W7J)'({'c:tlOn to au I. AND NOW, on this date, <? J.(" affidavit of probable cause must b 89-]-01:) (Maglsterl.1 D1str1ct) SEAL AOPQ 412e. 01125/99 OCT-09-2000 15'39 FR\l'1 Meehan IClbu'9 Po lice Dept TO ~ . ~ . .~ . COMMONWEALTH OF PENNSYLVANIA COUNTY OF:CUrnlltrlen<l 240-6164 P, 0J 0$03005 *' POUCE CRIMINAL COMPLAINT .................... 0Iy1o A. Ekkr 507 N. YOIkSL Mechalllo8bur;. Pa 17066 _ (717)7ee..S75 - COAWONWl!ALTH OF PENHIYLVANIA DEFENDANT: VS. r Paul John COSTA 501 Huth Rd. Chlektowage, NY 14220 L ..J _1tIlIADD1\!S8 I. CR-262-00 10/9/00 ! 208469-2 Date FMtd; OTN: ~ ~_~~. it=" 11/11l163 1~2-3704 280-31-2504 . -- _"""..<*"")- PA 28-081-381 20001000103-687 District Attorn.y'a 0Ill0e 0 Approved 0 DISapproved because: ~ -oaomorn, ~"'III~ _wo__ OIboItbo __lIylltl\lomoy""'" CodlmoI. _ DIlot..~ "'.1I.C>.P.1177.' VtI'M.__._,ftIl'_._.w.....~ _""orT)'pt) (..........VI',~_QOna.......,.......I.) IPN) I, Patrolman Margart\ A. Myers tIiJ v-rtI..............~orT)Pe, (0M0Ir .. I't.lIIlDIlfW.J of the Mechanlcsburg PollcG Oept. (___, _~.....~gr......,t:)I ~_____f"OItIeI1lC;_,_" PA021 0700 20001000103-0887 \...........,....,'""""""'*(~J t....~tIIOf\IfIMnOWJ do hersby a1ate: (oheck appropriate boX) 1. 181 1 80CUH the above narn<<! defendant who Ilvetlallhe eddm, set forth above o IlICCUH tha defendant whoM name Is unlcnown \0 ma but who It delCl1bed 1I8 o IlICCUlMllhe defendant whose name and popular d9slgneUon or nickname Is unknown \0 me and whom 1 have t1"""ro.'8d8$lgnattd etI John Doe with Violating the peneltawa of the Commonwealth of Pennsylvania at 612 Somerset Dr., '~IICII.~__.....,_,J MachenIOSbutg, PA 17066, Machanlc8burg Borough in Cumbvr1llnd County on or about 09 October 2000 OGOO-l046 hIV Partlclpents were: (If there we", partiCipants, place their names here, l'lpeating the name of \he above defendant) COSTA. Paul J. ~"2Ao0112118. ,..% ........... .. . ... OCT -09-2000 151 40 FRa1 Mtchanlclburg Pollee Dept TO 240-6164 P,B4 .. .. .... '. 1\- POUCE CRIMINAL COMPLAINT II =':~:C05T~ P.uIJ. urn . CIl.-262-00 2. The aola committed by the a_eel were: (101_._.....__10_...-.....-.....-......... ~_...._.......,--- 11..._11I.__.................'*"'"-....-.....-..-.......,-) did violate h onler laaued under the Prolectlon t\'om Abu.. fld., Order 1199-2330 CIvIl Term on h 27UI dey of June, 2000 by the Honorable Judge Edward E. GIIlclo, w111Ch order dnc:tl the Defendant not to llbUIO, 1t1IIk, haIan. It. oeMn or oontaclln any mannor, Angola zaydon and her minor chIklSabIIna Vltmm (;oItIl. He did mike four (4) phone oaJ1a to Angela Zayclon'. residence between the hout8 CIA 0000 and 1045 on 011 Oolober 2000. ourtng O/lll of the oaIIo he did ute obsoenelenguege and did eau.. AngelD Z8ydOn emotlon8I cIIa1re8.. PIUl J. CootIIwa peI80nally served wllh hie copyof the P,...hoC\IOI, from AIlU.. Order on h 27UI dey of JUnD 2000. . all of wIIich were against the pea~ and dIgnity of the Commonwealth of Pennsylvania Bnd contrary to the Act of Assembly, or In vlotaUon of ,. 6114 of the 23 PA C.5. 1 ~~J ~ \M......, ~) . of the \8Il*lI'I) (? ..1 (poll 3tIMI) 1- 3, of the t....., \1'..1 ., \~......, I-I .. of the ., till .J ("^~J -, 3. I ask lhlIt . W81TBnt of arrest or a summon. be Issued and thai the defendant be requhd to enswer tile c/large8 I hllVe made. (In order for a warrant of anett to 'uue, the attached afIIdavlt of probllble CllIH mutt b9 oomplatecllnd twOm to blIfo.. the issuing authortty.) I verlft that the fael!l set forth In this complaint are true and correot to tile beat of my knowledge or information and belief. This verlflcation i. made.ubjeo! allfe of seotfon 904 of the Crt Code (18 PA.C.8.54904) relating to unsworn falslflcatlon to a OCTOBER 9 .2009 4. AOI'C.l:za.Ol_ 2-2 :\..\,.,.,.:'....,'J.... " '.. - i", 'J.". :;:; .. \.........~.......~: . .... $' ...~,)....:.::!::..\--. ...... "".' ....-:.. .... ...-. .y....--. ....""..... p1~ rfcI~ HI- . -:-~. - -...... ...:......., -. ,,-:.. . :: .:- .. / ." ~ ~ =;: "..... .... '_ao ~~.\, S'''ea< .: ,,:t: ... ~L.-' ~ "'''~:'''''':''''' ..,"'~"':' ";;.... ......'" .....""..:....... ..... :. ~/".I, 'J .....t,... ...... ......... .... ....' O::T-09-2000 15'40 FRlX1 I'\@chanlclburg Police Dept TO 240-6164 P,05 .. Def4lod.,r. N8m.: COSTA, Pill' J. POLICE CRIMINAL COMPLAINT . Oocl* Number: CJ!.-262-00 . AFFIDAVIT of PROBABLE CAUSE On 09 October 2000 Angela Zaydon. fonnerly Angell! Co.la, t.lephoned the Me<:/lIInk:lburg PoI1Qe ~ to lIdvlM lhIt her ex-hUlband, Peul J. Coale, had been making lelellh?ne ca'ltlo her realdance In violation of 8Il exIalJng ProtecUon From Abu.. Order. Zaydon advltod that Colla had called the residence four (~) timet betr...-. the hoUllI of 0800 II1d 10411. Angela Zaydon took .11 the callI from Paul. In aeveral of the CIIn. Cotta UMCI obIoene language and In eeoh 0111 he CIIUMd Ang.1a emotional dlttree8. Angela WlIIlable to traoe one of tho lnoomlng teI.phoM CIIIla from Paul Cotta. Protec:tlon From Abu" Order 99-2330 WII ent8llld 88 a IInal order on 27 June 2000. The order specificaliy prohllllts Coalll from hevtng fiH'( contact with Angela Zaydan. The orller lpeclflcW1y ,del....... telephone oontaoI as being prohibited .. WlIIl. l Indirect Criminal Contempt- I. Pall'oImu ~"iI1ren Badpll5 ,BEING DULY SWOBN ACCORDING TO LAW, DEPOSE AND T THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORREer TO THE BEST OF MY KNO E, INFO TlON, BELIEF. Sworn to me and subscrtbed before me this NINTII 10/9/00 o.t. H~"UU 1'~/", ~\, ~Q .J:...;.. ;..~~'I..O:O_,:. '.J' '-:.:... ~ ,,,,-:.btiiitCt"'3~.,.~' ::- :---: ~..... /., .'" . ::::.'~. :' ::::.".~....,;\. .. --- ~~ - ~t ' I'" . -- ~ .-:: ':-'. '.' 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ANGELA ZA YDON (formerly COSTA), : IN THE COURT OF COMMON PLEAS OF and the minof child, SABRINA Y ASMIN COSTA, : CUMDERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. 99-2330 CIVIL TERM PAUL JOliN COSTA, Defcndant : PROTECTION FROM ABUSE AND CUSTODY FINAL PROTECTION ORDER Dcfcndant's Name: PAUL JOlIN COSTA Dcfcndant's Date of Birth: 11/;:'~ ...,.. ( . I' I... Dcfcndant's Social Security Numbcr: 124-62-3704 Name ofProtccted Pcrson: ANGELA ZAYOON and the minor child, SABRINA YASMIN COSTA r- . AND NOW, this.E day of June, 2000, tbc court having jurisdiction over the partieS and the snbjcct-mattel', it is ORDERED, ADJUDGED, and DECREED as follows: , PJaintifi; Angela Zaydon (formerly Costa), is rcpresented by Joan Carey of Legal Services, Inc.; Defendant, Paul John Costa, is represented by Jeanne B. Costopoulos ofCostopoulos & Welch. Defendant, although agreeing to the terms ofthis Order, docs not admit the allegations made in the Petition. (8) Plaintirrs request for a Final Protection Order is granted pursuant to the consent of Plain tilT and Defendant. o Plaintiff's request for a Final Protection Order is dcnied. (8) 1. Dcfendant shall not abuse, stalk, harass, threaten Plaintiffs in any place where they might be found. o 2. Defendant is complctely evicted and cxcluded from the residence at or any other residence where Plaintiff may live. Exclusive possessioll of the rcsidence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be prescnt on the premises. " .' . .. ',. .:.';' I' . ~\. ..-.....--.. ". . . . [1 ;. ty,:;'f'Pn'i.. "~at i. n',m:I..o.efei1danpn~y.erl!~th~res!~~~to.r~tpbVe.his/!1cr.c1otbing and .n:!!tlr qthei:ipersopaheffecti,'.'ptovided that .Defelidant~#itheicompaiiy(of a'law enforcement .' . ,l...office(,/When such retrieval is liIade. , .' .1'. " .,,~ 'f'",..,..;p' . >: 't':":;l-'~C": u.hlQ :lIr ..... . ~ 3. Except as provided in paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACI' with Plaintiff and/or the minor child at any location, Including, but not limited to, any contact at Plain tilT's current residence, and any other residence she may, in the future, establish for herself, her school, and/or Iler place of employment. In addition, Dcfendant is proltlbited fro.m going to thc school and/or day care facility of the minor child. Defendant is specifically ordered to stay aIVay from the following locations for the duration of this arder: ....~_...,...... - .. .. PlaintilT's residence: 612 Somerset Drive, Mcchanicsburg, PA PlaintilT's emnlovrncnt: Whercvcr that may be Minor child's school: Filbert Street Elementary School, 505 Filbert Street, Mechanicsburg, PA Child's dav care facility: Wherever that may be l&>. 4. Except as providcd in paragraph 5 of this Order, Defendant shall not contact Plaintiff andlor the minor child by telephone or by any other means, including third parties. l&> 5. Custody of the minor child, SABRINA YASMIN COSTA, shall be as follows: Plaintiff shall have primary physical and legal custody of the minor child. Defendant may have contact with the minor child during supcrvised visits through the Carlisle YWCA's supervised visitation program, as set forth in this Court's Order of June I, 2000, (see attached ExltibitA, incorporated herein by reference) which was entercd aftcr a conciliation conference before Dawn S. Sunday on May 25, 2000. o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following fireanns aOll/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: . / . ..... "'- .-.-.... .,. . .' '~".,'" .......n .>, ..._..' .>, . .......' ..__..... .... ........ :1 t". ~"h"" (8) 8. -=: ,~ ...'It' . The following additional rclicf is grantcd as authorizcd by !i6108 of this Act: \ Law enforcemcnt agcncics, human serviceagcncies and school dislricts shall not disclose the prescnce of Plaintiffs and/or address, tclcphone number, or any othcr dcmographic information about Plaintiff and/or the minor chiW, except by further Order of Court. . . This Order shall remain in effect until modified or temlinatcd by the Court and can be extcnded beyond its original cxpiration date if tbc Court finds that . Defendant has cODlmitted an act of abuse or has cngaged in a patlern or . practicc that indicates risk of harm to Plaintiff and/or the minor child. Dcfendant is enjoincd from damaging or destroying any property owned solely by Plaintiff. . Defendant is to refrain from harassing PlaintilT's relatives alldlor the minor child. '. o 9. Defendant is directed to pay temporary 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 shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days ofthe date ofthis Order. The amount ofthis temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. o 11. Defendant sball pay$_toPlaintiffas compensation for Plaintiff's out-of-pocket losses, whieh are as follows: OR o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to requesting recovery of out-of-pocket losses. The petition spall 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 Prothonotary's office for the ftjing of this petition. '. . . o 2. This Ordcr is being elllercd ailer a (Iearing of which Defendant received aclual notice and Ilad an opportunily to be heard. o 3. Paragraph I of this Order has bcen checkcd to restrain Defendant from harassing, stalking, or threatcning Plaintiff or protected person/so o 4. Defendant represcnls a credible threalto the physical safety of Plaintiff or other protected person/s OR o The terms of tlus Order prolubit Dcfendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected pcrson that would reason~bly be exPected to cause bOdily injury. CR> 13. THIS ORDER SUPERCEDES ANY FLUOR PFA OIWER. '. CR> 14. AU provisions of this Order shall remain in effect for a period of18 montlls from the date this Order is entered. Violation of this 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. S6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. This 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'S2265. 'fyou travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under that Act. 18 U.S.qls 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 NOTICE TO THE DEFENDANT 1 , . .. POLICE CRIMINAL COMPLAINT 2. The acts committed by tha accused ware: (Stt - alUllV!llty alOha '- _10 _tho cItf.nd... alOha........ alOha oil..... d1I'llOd, A ClI&llon 10 lha........ a_V _tad. wtlhoul....... " not llIIktent. In - Il.I'TIf'nal'y caM, you nul dtt 1M IptdfIc Mdlon end .~ of IN IWIutI Of ordlt\lnce eAeoed'v YklIeted.) did with the Intent 10 harass anolher, Marilyn and Angala Zaydon, make telephone calls wlthout the Intent of legitimate convertlatlon and did make repealed lelephone calls at extremely Inconvenient hours In that ho did place 5 calls at 0230 hrs., 0232 hrtl., 0238 hrtl., 0240 hrs. and 0305 hrs. Also made calls at 0852 hrs., 0853 hrs. and 0854 hrtl. The last three calls were not attempts at legitimate conversation. He did use profanity In those calls and did state for Angela to "walch oul" and that he was "coming down". Harassment By Communication or Address - Misdemeanor of the third degree (M3) did engage In a course of conduct and repealedly make telephone calls to her residence under circumstances which demonstrated his Intent to cause substantial emotional distress 10 Angela Zaydan In that he did make calls allnconvenlent hours and did use profanity and did advise thaI Angela "watch out" and make statements that he was coming to her Church to "tall everyone that she Is a slut". The defendant was previously convicted of the crime of Simple Assault (2 counts) against Angela Zaydan, his ax-wffe. Stalking - Felony of the third degree (F3) all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or In violation of " 5504 a1&2 of the PACC 1 (s.ctlon) lSUOHcllon) IPAStlIutti) lc:ountl) 2, 2709 b2 of the PACC 1 (5ectlon) (SUClIocllonI (PAStalule) (CClUntl) 3, of the (5eclIon) (SUbMctlon) (PAStltule' lcounls) ., of the (Sedlonl (SubMCllon) IPAStltute) {countl} 3. I ask that a warrant of arrest or a summons be Issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrest to Issue, the attached affidavit of probable cause must be completed and sworn to before the Issuing authority.) 4. (Mcglsterfal District) SEAL AOPC 4128- 01125199 '-2 . ,...., , Defendant'. Name: COSTA, Paul J. . POLICE CRIMINAL COMPLAINT Docket Number: AFFIDAVIT of PROBABLE CAUSE On 26 August 2000, Angola Zaydan (formerly Angela Costa) telophoned tho Mochanlcsburg Police Department to advise that hor ex-husband Paul J. Cosla had been making telephone calls to hor residence In vIolation of en existing Protection From Abuse Order. Zaydan advised that Paul had called the residence beginnIng at 0230 hrs. 26 August 2000. The call was taken by Angela's mother Marilyn Zaydan. Marilyn Zaydan took addlUonal calls from Paul Costa et 0232 hrs., 0238 hrs., 0240 hrs. end 0305 hrs. Marilyn Zaydan edvlsed that during the calls Paul told her to tell Angela that he wes 'coming down' and that she had better "Walch out'. Marilyn Zaydan described Paul's tone as 'mean' during the calls. Marilyn Zaydan repeatedly told Paul that he was not permitted to call the house end asked that he stop doing so. During these calls Paul asked about his daughter SabrIna. Paul wanted to know where Angela was and If she was stili 'livIng Ihere'. Paul also wanted to know if hIs daughter was there. Paul referred to Angela as a 'slut' and said that he was going to go to her Church and tell everyone what a slut she was. At approximately 0852 hrs. Angela Zaydan took a call (rom Paul Costa. Paul asked (or SabrIna, his daughter. Paul called back at 0853 hrs. and 0854 hrs. .In those calls Paul used profanity, repeatedly using the word 'tuck' and calling Angela a 'tuckln' cunt'. Protection From Abuse Order 99.2330 was entered as a final order on 27 June 2000. The order specifically prohibits Costa (rom having ANY contact with Angela Zaydan. The order specifically addresses telephone contact as being prohibited as well. Costa was served with a copy of the order at that l;me. On 05/12/99 Costa was arrested (or Terroristic Threats, Stalking and Harassment by Communication Involving Angela Zaydon. Prior to that Costa was arrested (or Simple Assault InvolvIng Angela. Costa was also arrested on 24 May 2000 (or DUI, Defiant Trespass after an Incident involving him coming to the school that his daughter Sabrina attends. At that time the Protection From Abuse Order had lapsed. In the case Involving the Simple Assault, Costa plead guilty to two counts and was sentenced to prison for them. In the Incident Involving Costa In May o( this year, he had previously told the Zaydons, that day, that he was coming to see his daughter and he did, Indeed, come to look (or his daughter at her school. . Harassment and Stalking. Felony o( the Third Degree Harassment by Communclatlon or Address - Misdemeanor of the Third Degree I, Patrolman Margaret A. Myers Badge #5 ,BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNO DGE, INFORMATION, AND BELIEF. S7:~ 7~ and subscribed be(orne ~- & () Date ~U My commIssion expires first Monday o( January, d-CJ 0 rl- . District Justice SEAL AOPC 4120- 01/25/99 3-3 ANGELA ZA YDON (formerly COST A), . IN nm COURT OF COMMON PI.EAS OF PlaintilT . CUMBERLAND COUNTY, I'ENNSYI.V ANIA vs. PAUL JOHN COSTA, Defendant . NO. 99.2330 CIVil. TERM . PROTECTION FROM ABUSE AND CUSTODY ~OTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. (fyou wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. [fyou fail to do so, the ease may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. [n particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the ~ day of May, 2000, at II: (Jt;) A . m., in Courtroom No. '5 of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. [fyou 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 [4. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, J 8 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~ 226[-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer. you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number. (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of ] 990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. -- Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: L The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of PlaintilT in accordance with the terms of this Order. r-' t,. lID 7. The following additional relief is granted: UJ. ~-"', C. ~-- " ~ .:-::,' ~. ., t,;; J! L j' f:;,' ~. I;; f._ o 6. Defendant shall immediately relinquish the following weapons to the Sherill's Office ora designated local law enforcement agency for the delivery to the Sherifl's Office: Dfrdn Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. The Cumberland County Sheril1's Department shall attempt to make service at PlaintilJ's request and without pre-payment of fees. but service may be accomplished under any applicable Rule of Civil Procedure. --;:t '. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy ofthb Order to Defendant by mail. This Order shall remain in effect until modified or terminated 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 that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any i'roperty owned by Plaintiff, Defendant is to refrain from harassing Plaintil1's relatives. U9 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: MECHANICSBURG POLICE DEPARTMENT lID 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER. o ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. TillS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODU'IED OR TERMINATED BY TillS COURT AFTER NOTICE AND IIEARING. 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 51,000.00 and/or up to six months in jail. 23 Pa.C.S. ~61 ]4. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~ 2261.2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) ofthe Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintifl's residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 6 of this Order, defendant may be arrested on the charge oflndirect 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 Sherift'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 weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Edward E. Guido, Judge Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 I': I 1- f' I r; \,f i t' o i ,...., I. l, r r t . i ';~:;# ?;r. d '''I ....." ;";:'1 -::'~ ,.j' j:~: "' " y'!\ ,~~ ';1:1, :,!:J ~Ii i~;, ,r,. ~j Pe, ~... N 'f{ ;';.' '. ~,,~ ~ ,~ .~. .\. ;j '~ ~ lv. , .~ ~ " \ ,~ j .,. lB> 2. Defendant Is completely evicted and excluded from the residence at 612 Somerset Drive. Mechanlcsburg, Cumberland County, Pennsylvania, 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. CJ On _ at _' m., Defendant may enter the residence to retrieve hislher clothing and other personal effects. provided that Defendant is in the company ofa law enforcement officer when such retrieval is made. lID 3. Except as provided in Paragraph 5 of this Order, Defendant Is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plalntil1's school or place of employment and/or the school or day care facility of the minor child. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintil1's school: Widener University School of Law, 3800 Vartan Way, Harrisburg, Daupbin County, Pennsylvania. Plaintirrs nlace of emnlovment: State Attorney General's Office, Strawberry Square, 16tb Floor, Harrisburg, Dauphin County, Pennsylvania. School of minor child: Filbert Street Elementary School, Filbert Street, Mechaniesburg, Cumberland County, Pennsylvania. lID 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. lID 5. Custody of the minor child, Sabrina Yasmin Costa, shall be as follows: see attached Custody Order. o 6. Defendant shall immediately turn over to the Sheriff's Office. or to a local ]aw enforcement agency for delivery to the Sherifl's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: 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. lID 8. The following additional relief is granted as authorized by ~6108 of this Act: This Order shall remain In effect until modified or terminated by the Court and can be extended beyond its original expiration date If the Court finds that Defendant has committed an act or abuse or has engaged In a pattern or practice that indicates risk of harm to Plaintiff. 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 Plaintll1's relatives or the minor child. o 9. Defendant is directed to pay temporary 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 shall lapse automatically 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 Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. o 11. Defendant shal] pay $_ to Plaintiffascompensation for Plaintiff's out-of-pocket losses, which are as follows: OR o Plaintiff is granted leave to 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 Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR OJ. The Plaintiff or protected person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. o 2. This Orderis being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. . 0 3. Paragraph J 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. allempting to use. or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. ~ 13. mls ORDER SUPERCEDES: ~ ANY PRIOR PFA ORDER and lID ANY PRIOR ORDER RELATING TO CHILD CUSTODY. lID 14. All provisions of this Order shall espire one year from the date this Order Is entered. NOTICE TO THE DEFENDAMI VIOLATION OF mls ORDER MAY RESULT IN YOUR ARREST ON mE CHARGE OF INDlRECTCRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO 51,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. fi6114. VIOLATION MAY ALSO SUBJECI'YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. mIS ORDER IS ENFORCEABLE IN ALLFIFIY (50) STATES, THE DISTRlCI' OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALm OF PUERTO RICO UNDER mE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALL YVIOLATE mIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACI'. 18 U.S.C. U 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECI'TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROLACTION,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 Plaintil1'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 pl'obable cause, whether or not the violation is committed in the presence of the police; 23 Pa.C.S. ~6113. 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 SherilJ's Department shall maintain possession of the weapons until further Order ofthis Court. When Defendant is placed under arrest for violation of the ilrder, ANGELA ZA YDON COSTA, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYL VANIA . NO. 99-2330 CIVIL TERM PAUL JOHN COSTA, Defendant : PROTECTION FROM ABUSE AND CUSTODY CUSTODY ORDER AND NOW, this 3L~ay of April, 1999, the following Order is entered by consent of the parties with regard to custody of the parties' minor child, Sabrina Yasmin Costa. I. Plaintiff, hereinafter referred to as the mother, shall have primary physical and legal custody of the child. 2. Defendant, hereinafter referred to as the father, shall have supervised visitation with the child. The father's parents, Pedro (Peter) and Michaelina (Mickie)Costa, 501 Huth Road, Cheektowaga, Erie County, New York, are the persons designated by the parties to communicate on the father's behalf to facilitate arrangements for his periods of supervised visitation with the child. The periods of supervised visitation shall be by mutual agreement of the parties, and the father's supervised visits with the child shall take place in the presence of one or both of his parents at all times. time, but the Order shall remain in effect until further Order of Court. 3. The mother and father, by mutual agreement, may vary from this schedu]e at any 4. There shall be reasonable notice given to the other party if a scheduled period of supervised visitation needs to be canceled or modified and a make-up period shall be offered within a rellllonab]e time frame. 5. The mother shall be notified immediately by the father's parents of medical emergencies which arise while the child is in their care. L ,t ~ ,.,. ,~ 'liI ~ t: , r i; ii ., ANGELA ZA YDON COSTA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99. .J J .~o CIVIL TERM 1'AUL JOHN COSTA, Defendant : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. -t:A A HEARING ON THIS MATIER IS SCHEDULED ON THEi2 DAY OF APRIL, 1999, AT J : Od P. M.,IN COURTROOM N0...2 OF THE CUMBERLAND COUNTY COURTIIOUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~ 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do Dot have a lawyer or cannot afford ODe, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas ofCumberJand County is required by law to comply with the Americans with Disabilities Act of1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend tile scheduled conference or hearing. ANGELA ZA YDON COSTA, PlaintilT : IN THE COURT OF COMMON PLEAS OF , " ~ : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99. '} ~?('l CIVIL TERM 17 PAUL JOHN COSTA. Defendant : PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER ;~ , I; Defendant's Name is PAUL JOliN COSTA. Defendant's Date of Birth is 11/19/63. Defendant's Social Security Number: 124-62-3704, Name of Protected Person: ANGELA ZA YDON COSTA. AND NOW, this I 'i ~y of April, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: lID 1. Defendant shall not abuse, harass, stalk or threaten any ofthe above persons in any place where they might be found. lID 2. Defendant is evicted and excluded from the residence at 612 Somerset Drive, Mechaniesburg, Cumberland County, Pennsylvania, 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 premises. lID 3. Defendant is prohibited from having ANY CONTACT with Plaintiff and/or the parties' minor child at any location, including, but not limited, to any contact at child's school, or Plaintil1's school and/or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration ofthis Order: Plaintil1's school: Weidner School of Law, Linglestown Road, Harrisburg, Dauphin County, Pennsylvania. Plaintil1's nlace of emnlovment: State Attorney General's Office, Strawberry Square, 16"' Floor, Harrisburg, Dauphin County, Pennsylvania. Defendant Is to refrain from harassing P1aintil1's relatives or the minor child. lB> 8. A certified copy of this Order shill be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mechanicsburg Police Department. IE> 9. THIS ORDER SUPERSEDES lID ANY PRIOR PFA ORDER and lID ANY PRIOR ORDER RELATING TO CHILD CUSTODY TIllS ORDER APPLIES IMMEDIA TELYTO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO 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 sill months in jail. 23 Pa.C.S. ~6l14. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6113. Defendltnt is further notified that violation of this Order may subject him/ber to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintil1's residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 6 of this Order, defendant may be alTCSted on the charge of Indirect Criminal Contempt. An alTCSt 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 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 furtherOrderofthis Court, ANGELA ZA YDON COST A, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99. ,~ 3':JO CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY PAUL JOHN COSTA. Defendant PETITION FOR PROTECTION FROM ABUSE COUNT I I. The Plaintiff is Angela Zaydon Costa. 2. The name of the person who seeks protection from abuse is Angela Zaydon Costa. 3. Plaintiff's address is 612 Somerset Drive. Mechanicsburg. Cumberland County, Pennsylvania 17055, a residence she shares with her mother, Marilynn Zaydon, who owns the home. 4. Defendant is currently incarcerated in the Washington County Detention Center in Hagerstown. Maryland, on fugitive warrants from Cumberland County, Pennsylvania, relating to criminal charges listed in paragraph 6. Defendant is scheduled to be arraigned at the Detention Center via video bond at 1:00 p.m. on April 19, 1999, and will be returned to Pennsylvania if he waives extradition. Defendant's Social Security Number is 124-62.3704. Defendant's date of birth is 11/19/63. Defendant was employed at the State Correctional Institution at Camp Hill, Lisbum Road, Camp Hill, Cumberland County, Pennsylvania, as a corrections officer as of April 14,1999. 5. Defendant is Plaintifl's husband. 6. Defendant has been involved in the following criminal court action: Mechanicsburg Police filed 2 counts of simple assault against Defendant as a result ofthe incidents involving Plaintiff which occurred on or about April 10" and April 14", 1999. Warrants have been issued for Defendant's arrest. 7. Plaintiff seeks temporary custody of the following child: ~ Sabrina Yasmin Costa Address 612 Somerset Drive Mechanicsburg. P A Birthdate 04/25192 8. Plaintiff and Defendant are the parents of the following minor child: Name Sabrina Yasmin Costa Aile 6 years old 9. The following information is provided in support of Plaintifl's request for an Order of child custody: a) The child was not born out of wedlock. b) The child is presently in the custody of Plaintiff, Angela Zaydon Costa, who resides at 612 Somerset Drive, Mechanicsburg. Cumberland County, Pennsylvania c) During the past five years the child has resided with the following persons and at the following addresses: Persons child lived with Address When Plaintiff and her mother, 612 Somerset Drive From April 14, 1999 Marilynn Zaydon to present Plaintiff, Defendant, and 612 Somerset Drive From September 1997 Plaintiffs mother, Mechanicsburg. P A to April 14, 1999 Plaintiff and her mother 612 Somerset Drive From May 1997 Mechanicsburg, P A to September 1997 Plaintiff and Defendant 90 Ryan Street From 1994 Buffalo, NY to May 1997 d) Plaintiff, the mother of the child, is Angela Zaydon Costa, currently residing at 612 Somerset Drive, Mechanicsburg. Cumberland County, Pennsy]vania. e) She is married. f) Plaintiff currently resides with the following person: Name Sabrina Yasmin Costa Relationshio her daughter '~1'i~;.' - g) Defendant, the father of the child, is Paul John Costa, is CUI rently incarcerated in the Washington County Detention Center in Hagerstown, Maryland. h) He is married. i) Defendant is incarcerated with the general prison population. j) PlaintilT has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. k) PlaintilT has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. I) PlaintilT does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. m) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: I) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since her birth, and who can best take care of the minor child. 2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor child. 3) Defendant's behavior has adversely affected the child. 10. The facts of the most recent incident of abuse are as follows: Date: From approximately April 16-19, 1999 Place: Plaintiff s residence, located at 612 Somerset Drive, Mechanicsburg. Cumberland County, Pennsylvania From approximately April 16 through April 19, 1999, Defendant, who is incarcerated in the Washington County Detention Center in Hagerstown, Maryland, made several collect telephone calls to Plaintiff s residence from the Detention Center, but Plaintiff and her mother refused to accept the calls. On or about April 16, 1999, Defendant telephoned Plaintiff s residence collect and identified himself as "Peter", his brother, to get Plaintiff or her mother to accept his collect telephone call. When Plaintifl's mother accepted the call, Defendant angrily said, "Where is she (Plaintiff); 1 wanna find her." Plaintiffs mother hung up the telephone when she recognized Defendant's voice. II. Defendant has commilled the following prior acts of abuse against Plaintiff: a) In the carly morning hours on or about April I 5, 1999, Defendanttelcphoned Plaintitl's rcsidence approximatcly 20 timcs. Several times when Plaintitl's mother. who answered the telephone to try 10 ascertain Defendant's whereabouts, was lold by Defendant that she had better take a good look at her daughtcr because it was going to bc the last time she would see her because she was going to be dead. During one telephone call, Defendant also told Plaintitl's mother that he bought a gun, and threatened that nobody better get in his way when he comes back to get his things. Later the same day at approximately 7:00 p.m.. Maryland State Police in Frederick, Maryland, responded to a call from a local hotel after Defendant, who was staying at the hotel, displayed alarming behavior. The police commilled Defendant to the Brookline Mental facility in Hagerstown after determining that he may have attempted suicide, and found during their background investigation on Defendant that there were active warrants in Pennsylvania for his arrest. The Cumberland County District Attorncy's Office was notified and fugitive warrants were issued against Dcfendant, which resulted in his incarceration in the Washington County Detention Center after hc was released from Brook]ine Mental facility on April 16, ]999. b) On or about April 14, ]999, at approximately 7:00 a.m., Plaintiff, who was sleeping in bed with her 6-year old daughter, was awakened by Defendant grabbing, twisting, and pinching her about the chest and arms, and calling her names. Using a restraining technique he learned as a corrections officer, Defendant squeezed pressure points under Plaintiff's jaw causing her to be immobilized from the intense pain, grabbed her by the hair and pulled her out of bed, shoved her about the room, and repeatedly pinched her on the legs. Plaintiff got away from Defendant and ran to her mother's bedroom to telephone for help, but found that she could not callout because Defendant had disabled the telephone. Defendant threatened her saying, "'fyou call the cops, I'll kill you." Fearing for her safety, Plaintifflocked herselfin the bathroom while she took a shower, but Defendant gained entry by removing the door knob and lock. ripped the shower curtain back, pinned Plaintiffagainst the shower wall with one forearm across her chest, and drcw his arm back with the shaft of the door knob raised above Plaintiff's chest in a menacing fashion causing her to fear that he was going to stab her in the chest. Defendant left thc bathroom, returned several minutes later, punched Plaintiff in the stomach with such force that she fell to the floor unable to breathe, then went into her closet, jerked the clothing rod out of the wall, ripped and slashed her clothing, and poured men's cologne over the clothing in her dresser. Plaintiff ran from the house in her bare feet to a neighbor's home where she telephoned the police for help. Defendant left the residcnce before the police arrived, but the police filed simple assault charges against Dcfendant for this incident and the incident which occurred on or about April ] 0, 1999. Plaintiff sustained bruising about her arms and legs as a result of this incident. c) On or about April 13, 1999, Defendant yelled at Plaintif1: called her names, threatened her saying, "If I can't have you, nn one else will," shoved hcr about. and pinched her about her legs, back and neck. Later the same day, Plaintiff found that the outline information she stored on her computer to use to study for her upcoming law school exams had been erased. Plaintiff suspected that Defendant tampered with her computer. d) On or about April ] 2, 1999, Defendant telephoned PlaintilT at her place of employment approximately 20-25 times; hc threatencd several times to take their child, further threatening that she would never see her daughter again, and he also threatened to blow his head off. e) On or about April J 0, 1999, at approximately 2:00 a.m., when Plaintiff got into bed with the parties' daughter, Defendant came into the room, grabbed, twisted, and pinched Plaintiff about the chest and arms, hit her in the face, grabbed her by the hair, pushed his forearm against her chest pinning her to the bed, and twisted her fingers and wrist trying to pull her wedding rings off. When Plaintiff tried to get away from Defendant, he punched her in the stomach, followed her to her mother's bedroom where she locked herself inside with her daughter and mother. Defendant pounded repeatedly with his fits on the bedroom door, yelled and screamed, and called Plaintiff names. Defendant left the residence, but when he returned a short time later, he shoved Plaintiff against the brick wall of the house and pinched her several times until she telephoned the police for help. Plaintiff sustained soreness about her nose and eye, and bruising about her arm as a result of this incident. t) Since approximately 1993, Defe.1dant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, punching, pulling her hair, throwing objects such as at her such as a remote control unit, restraining her by blocking doorways with his body, pinning her against walls, and intimidating her. During one incident Defendant threw Plaintiff down several stairs causing her to fall on her tail bone. When Plaintiff was in college Defendant destroyed her study papers she needed in preparation for exams. 12. The following police department or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Temporary Protection From Abuse Order: Mechanicsburg Police Department. 13. There is an immediate and present danger of further abuse from Defendant. 14. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 612 Somerset Drive, Meehanicsburg, Cumberland County, Pennsylvania, which is owned in the name of Plaintiff's mother, Marilynn Zaydon. ,,;,.,~:,'H'.'..\'o'.." 5 \; "l ... ~ J >- 0' (~ cr; 1..1:- ~.:. 11"'-.' ,,, <.' r" t.j;: , , C,;. :::. 1....:1'.... , , Ci..:i. "-'. " " " U , , .. : CORRECTION Previous Image , Refilmed to Correct }i I Possible Error _ _____~~t.~-" ~_.__=.....::_~.-_~~~~-- .. . . .' '.', . . . SHERIFF'S RETURN. REGULAR ChSE NO: 1999-02330 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COSTA ANGELA ZAYDON VS. COSTA PAUL JOHN KENNETH GOSSERT , Sheriff or Deputy Sheriff of CUMBERUU~D County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE OF HEARING AND was served upon COSTA PAUL JOHN the defendant, at 12:05 HOURS, on the ~ day of April 1999 at MARKETHOUSE AVE CARLISLE, PA 17013 ,CUMBERLAND County, Pennsylvania, by handing to PAUL J. COSTA a true and attested copy of the NOTICE OF HEARING AND together with ORDER, PROTECTION FROM ABUSE & CUSTODY, TEMPORARY PROTECTION FROM ABUSE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 8.00 So ans,,!~~ ~ ~W'~f,AAo r " . l('o lhornas !\.line, ~nerl.r:r: ~.."..LU 04/23/1999 by /~PU~ +r Sworn and sUbscribe~ b~fore me this 13 day of '-'II} :t../ A~m~) CERTH1:CATJOO OF "FA <XM>>lPr CA'lB IUfllEH __2.9-_~33o._CIVIL TERM NAMIl ~UL JO.!!!l_5~TA________ 501 Iluth Roltd VICTIM'S NAME: ANGELA ZAYDON COSTA Chp.oktoWltglt NY 14225 BALANCE DUE: $ 135.30 170 STATE SURCHARGE 171 STATE PINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME PROTHONOTARY ADD DELETE $ $ $ $ $ 64.80 $ S 10.00 $ $ 15.00 $ S 45.50 $ ADDRESS CITY STATE ZIP NAME s $ ADDRESS CITY ~ STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP PROTIlONOTARY OFFICE (\ J'{ _ ' PERSON CERTIFYING INFORMATION .1 4L /I~ DA-k/ 11- & - frO 0 lID 2. Defendant is completely evicted and excluded from the residence at 612 Somerset Drive, Mechanicsburg, Cumberland County, Pennsylvania, 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. o On _ at_.m., Defendant may enter the residence to retrieve hislher clothing and other personal elTects, provided that Defendant is in the company ofa law enforcement officer when such retrieval is made. lID 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintil1's school or place of employment and/or the school or day care facility of the minor child. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintil1's school: Widener University School of Law, 3800 Vartan Way, Harrisburg, Dauphin County, Pennsylvania. Plaintiff's nlace of emolovment: State Attorney General's Office, Strawberry Square, 161h Floor, Harrisburg, Dauphin County, Pennsylvania. School of minor child: Filbert Street Elementary School, Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania. lID 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. lID 5. Custody of the minor child, Sabrina Yasmin Costa, shall be as follows: see attached Custody Order. o 6. Defendant shall immediately turn over to the Sheriffs Office. or to a local law enforcement agency for delivery to the Sherifl's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: _ 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 ofthis Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. lID 8. The following additional relief is granted as authorized by ~6 I 08 of this Act: This Order shan remain in elTcct until modified or terminated by the Court and can be extended beyond its original npiration 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 harm to Plaintiff. The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by PlaintilT. The Defendant is to refrain from harassing Plain tilT's relatives or the minor child. o 9. Defendant is directed to pay temporary 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 shall lapse automatically 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 Defendant's correct support obligation. which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date. to the appropriate party. o The costs of this action are waived as to Plaintiff and imposed on Defendant. 10. o 11. Defendant shall pay$_to PlaintilTascompensation for Plaintiffs out-of-pocket losses, which are as follows: OR o Plaintiff is granted leave to 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 Prothonotary's office for the filing of this petition. o BRADY INDICATOR 12. o I. The Plaintiff or protected personls is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a 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 personls. 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 to cause bodily injury. lID 13. THIS ORDER SUPERCEDES: lID ANY PRIOR PFA ORDER and lID ANY PRIOR ORDER RELATING TO CIIILD CUSTODY. lID 14. All provisions of this Order shall expire one year from the date this Order is entered. NOTICE TO THE DEFENDANT VIOLATION OF THIS 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 FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES,ANDTHE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. ~2265. IF YOU 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 1201<' 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 Plaintil1's residence OR any location where a violation ofthis Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 ofthis Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C,S. ~6113. 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 Sheril1'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 arrail!:ned. A "Complaint ror Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff. Plaintil1's presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BYTHECO~ . ~ Edward E. Guido, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: ~ fh!:t1!M-;b Ang a Zay osta, Plaintiff ?J T( L Paul John Costa, Defendant c/o Pedro and Michaelina Costa 50 I HUlh Road Cheektowaga. New York I~.. )c/~~ LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 l).. '0- ' - ~ .. ~ . . .,.''1 (' - VI - ~. ~. 1 II 't S: rt F' - -~"--i . . :- " . . . " . , . . ". .. ',. . WHEREFORE. Plaintiff requests that Ihe Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in elTect for a period of one year from the date it was entered, through April 27, 2001, or until further Order of Court, whichever comes first. Respectfully submilled, ~13 ~ can Carey, Attorn or Plaintiff LEGAL SERVICES. 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