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HomeMy WebLinkAbout99-03394 Previous Image Rto Correct Possime Error SHERIFF'S RETURN - REGULAR CASE NO: 1999-03394 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN LORI P VS. GREEN PAUL J HAROLD WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon GREEN PAUL J the defendant, at 14:55 HOURS, on the 7th day of June 1999 at 142 N MIDDLESEX ROAD CARLISLE, PA 17013 _ CUMBERLAND County, Pennsylvania, by handing to PAUL GREEN a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service Affidavit 3.10 00 Z 54 ?? r' A Surcharge 8.00 R ? m s Tines , z:,nerizz 05/08/1999 by yc r r- L1 / , SGoru? / 41 y Sworn and subscribed to before me this day of 19 A.D. .o Toga G 11.9 4 LX P. Green, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. :NO. 99 - 43/ y CIVIL TERM Paul J. Green, Defendant :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled for the //-,:A day of June, 1999, at ?3 A .m., in courtroom No.of the Cumberland County Courthouse, 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. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimea Code. Under federal law, 18 U.S.C. 52265, 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. 52261-2262. 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 HELD. IF YOU CANNOT FIND A LAWYER, YOU NAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY EAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our Office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Lori P. Green, Vs. Paul J. Green, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - CIVIL TERM Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Paul J. Careen Defendant's Date of Birth: 8/24/60 Defendant's Social Security Number: 220-80-0789 Name of Protected Person: Lori P. Green AND NOW, this day of June, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ® 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ® 2. Defendant is evicted and excluded from Plaintiff's residence located at 142 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania, owned solely by Plaintiff, 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. ® 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment located at Dr. Minium, 1412 Bridge Street, New Cumberland or 4509 Union Deposit Road, Harrisburg. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 142 North Middlesex koad, Carlisle Cumberland County, Pennsylvania, a residence which is owned solely by Plaintiff, and any other residence Plaintiff may establish. ® 4. Except regarding divorce issues including marital property, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ? 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: 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 Plaintiff in accordance with the terms of this order. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriff's office or a designated local law enforcement agency for the delivery to the Sheriff°s office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. ® 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. 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 of this 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 another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Middlesex and New Cumberland Police Departments. 119. THIS ORDER SUPERSEDES ? ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO 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 six months in jail. 23 Pa.C.S. 96114. 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. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. 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 Plaintiff's residence OR any locations where a violation of this order occurs OR where 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 solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Joan Carey Attorney for Plaintiff PLEr `? ? y'?p'p CRY w h .W V Lori P. Greed, Plaintiff VS. Paul J. Green Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - ,j-Y9Y CIVIL TERM :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Lori P. Green. 2. The name of the person who seeks protection from abuse is Lori P. Green. 3. Plaintiff's address is 142 North Middlesex Road, Carlisle, Pennsylvania 17013. 4. Defendant is believed to live at 424 Fairground Avenue, Carlisle, Pennsylvania, 17013. Defendant's Social Security Number is 220-80-0789. Defendant's date of birth is 8/24/60. Defendant is currently unemployed. 5. Defendant is Plaintiff's husband. 6. Defendant has been involved in the following criminal court action: Defendant has a criminal history including a warrant out for his arrest in Florida for drug charges. 7. The facts of the most recent incident of abuse are as follows: On or about May 23, 1999, Defendant forcefully slapped Plaintiff on the back of her head causing her to suffer from a headache. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a. On or about May 22,1999, Defendant forcefully pushed Plaintiff while she was sitting in a chair causing her and the chair to fall over backwards and resulting in bruises on her legs. When Plaintiff attempted to enter the residence, Defendant pushed her into the door frame causing a bruise on her forehead. Plaintiff picked up the phone to call the police, and Defendant threatened that if she called, she would be dead before the police arrived causing her to fear for her life. Later that same day, Defendant knocked over a coffee table, pushed Plaintiff off of the couch, and pinned her to the floor causing bruises on both arms. b. On or about March 12,1999, while driving around, Defendant pulled the vehicle over and told Plaintiff there was a field there where no one would find her causing Plaintiff to fear for her life. Defendant got out of the vehicle and when he returned he forcefully slapped Plaintiff across the face causing a cut on her lip. C. In or about: February 1999, Defendant threw Plaintiff to the floor, straddled her, and choked her causing her to black out. When Plaintiff woke up, Defendant threatened her saying, "If I wanted to kill you, you would be dead. I knew exactly what I was doing." On one other occasion, Defendant hit the dog on the head with a golf club, threatened to kill the dog, got a gun from the house, and further intimidated Plaintiff by taking her dog into the woods. For several minutes Plaintiff waited fearing that he would kill the dog. Even though Defendant- returned with the dog, Plaintiff feared further violence because of his instability. d. On several occasions since 1997, Defendant has abused Plaintiff in ways including the following: calling Plaintiff vile names, slapping her across the face, and forcefully pushing her causing her to fear for her safety. 9. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Middlesex and New Cumberland Police Departments. 10. There is an immediate and present danger of further abuse from the Defendant. 11. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 142 North Middlesex Road, Carlisle, which is owned by Plaintiff. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. R. Evict and exclude from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of 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 to any contact at Plaintiff's place of employment. D. Prohibit Defendant from having any contact with Plaintiff's relatives. E. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. G. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. b. Defendant is to refrain from harassing Plaintiff's relatives. H. Grant such other relief as the court deems appropriate. 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. Plaintiff will inform the designated authority of any addresses, other than Defendants residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Dated: !Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: b ?) y ? G"IA-' P ,./ Lori P. Green Ct? al `• cn aN \J P ^c \J A'? :::1 J 7-3 Lori P. Green, Plaintiff V9. Paul J. Green, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - ' 31A? CIVIL TERM :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Paul J. Green Defendant's Date of Birth: 8/24/60 Defendant's Social Security Number: 220-80-0789 Names of all Protected Person: Lori P. Green AND NOW, this 11}b day of Uuxtie- , 1999, the court having jurisdiction over the parties and the subject- matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; After a hearing in the above captioned matter, the Court finds that Defendant, Paul J. Green, has abused Plaintiff, Lori P. Green, pursuant to 23 Pa.C.S.96102. Defendant, though properly served, failed to appear for the hearing. ? Plaintiff's request for a Final Protection order is denied OR S Plaintiff's request for a Final Protection order is granted. 0 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. ® 2. Defendant is completely evicted and excluded from the residence at 142 North Middlesex Road, Carlisle, Pennsylvania, 17013 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. ? On [Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided { that Defendant- is in the compan f i when such retrieval is made. Y o a law enforcement officer . ® 3. Defendant is prohibited from having ANy CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiffs place of employment located at Dr. Minium, 1412 Bridge Street, New Cumberland, or 4509 Union Deposit Road, Harrisburg. Defendant is specifically ordered to stay away from the following locations for the duration of this order: Plaintiffs residence located at 142 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish. ® 4. 9 Zee -uea , Defendant shall not contact Plaintiff by telephone or by any other means, including third parties EXC fipT- CO to) S e- L , d1tReH5 h LeSAL ? S. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] (or see attached Custody order) ? 6. Defendant shall immediately turn over to the Sheriff is Office, or to a local law enforcement agency for delivery to the Sheriff1s 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: ? 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 a.._-L._u =u??er Order of Court. ® 8. The following additional relief i by 56108 of this Act; s granted as authorized a. 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 another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. C. Defendant is to refrain from harassing Plaintiff's relatives. d. Defendant is ordered to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. e. Defendant is ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. ? 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] 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 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. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? li. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] 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. ? 12. BRADY INDICATOR 1.0 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. 2.11 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR ? 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. ® 13. THIS ORDER SUPERCEDES® ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire in one year. NOTICE TO 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. 56114. 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 ACTION, 18 U.S.C. 52265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY HE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. 55 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(4), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff is 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 committed in the presence of the police. 23 Pa.C.S. 56113. 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 [insert the appropriate name or title] 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 fIs 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. BY THE CO t c!,( `,y L'. j " , Judge - 11- T 1 /141, hm.' 1 i d l ka i't a d of (e .f; r e (! lIrr J t rt w U .J J ^, SHERIFF'S RETURN - REGULAR CASE NO: 1999-03394 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN LORI P vs. GREEN PAUL J HAROLD WEARY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon GREEN PAUL J the defendant, at 14:55 HOURS, on the 7th day of June 1999 at 142 N MIDDLESEX ROAD CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to PAUL GREEN a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: - Service 3.10 Docketing 18.00 ??r?f?.ap Affidavit ` Surcharge 8.00 S i ??-06/08/1999 by ?>u-ELI ?1 f y i 19. 94 A. D. ?t?eew Sworn and subscribe to before me this j a" day of