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HomeMy WebLinkAbout99-04511?k •• N 7 Donna M. Gonzalez, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Israel Gonzalez-Soto, NO.99-4511 CIVIL TERM Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this jj??day of August, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on August 2, 1999 by this Court's Order of July 26, 1999, is hereby rescheduled for hearing on Monday, August 30, 1999, at 10:30 a.m. in Courtroom No. 2. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. Certified copies of this Order for Continuance will be provided to the Shiremanstown Borough Township, Hampden Township, and Pennsylvania State Police Departments by the plaintiffs attorney. By the Court, Edgar B. y „ Joan Carey, j Philip C. Briganti, and _ y „_tit'164 T/3 j94. Andrea Levy Attorneys for Plaintiff "S V. •? '•f! ?. `> ?', f?: Donna M. Gonzalez, Plaintiff V. Israel Gonzalez-Soto, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 4511 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, by and through her attorney, Philip C. Briganti of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: A Temporary Protection Order was issued by this Court on July 26, 1999, scheduling a hearing for Monday, August 2, 1999, at 11:00 a.m. 2. The Cumberland County Sheriffs Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on July 26, 1999, at approximately 5 :20 p.m. at United Concordia located at 100 Senate Avenue, Shiremanstown, Cumberland County, Pennsylania. 2. The defendant has retained Matthew J. Eshelman of the Law Offices of Patrick F. Lauer, Jr. to represent him in the matter. The parties by and through their counsel agree that the hearing be generally rescheduled to afford them time to execute a Consent Agreement. 4. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 5. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State, Shiremanstown Borough Township, and Hampden Township Police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, C P ilip C. rigan Andrea Levy, and Joan Carey, Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ?? ? C?? _ h. (`. I?.( ? ?:?:.. - . r' - ( ) .... ' ? 1' ?? I:, ?_ Ci ; ?: SHERIFF'S RETURN - REGULAR CASE NO: 1999-04511 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GONZALEZ DONNA M VS. GONZALEZ-SOTO ISREAL BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE OF HEARING AND ORDER, was served upon GONZALEZ-SOTO ISREAL the defendant, at 17:20 HOURS, on the 26th day of July 1999 at POE: UNITED CONCORDIA 100 SENATE AVE SHIRMANSTOWN, PA 17011 CUMBERLAND County, Pennsylvania, by handing to ISREAL GONZALEZ-SOTO a true and attested copy of the NOTICE OF HEARING AND ORDER, together with PROTECTION FROM ABUSE, 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 c Service 9.30 Affidavit .00 Surcharge 8.00 om s ine, eri -07/27/1999 qq J r? by /=Ie.??5 eri Sworn and subscribed to before me this ?7? day of 19 99 A.D. /L T- ono ?x 6223 Stanford Court Mechanicsburg, PA 17055 717-697-9142 July 26, 1999 Scott & Sherry Blumanstock 415 East Main Street Shiremanstown, PA 17011 717-731-8349 Dear Scott & Sherry Blumanstock: Subject: Lease of 411 E. Main St. Apt 2 I Donna M. Gonzalez, tenant, am requesting the removal of my name from the lease agreement on the fore-mentioned location. I had no choice but to vacate the premises, on July 15, 1999, due to the abuse of Mr. Gonzalez, and I have secured a Protection From Abuse Order which protects me from him at this point. Consequently, I am requesting that I be removed from the lease and that I would submit that Mr. Gonzalez should sign a new lease, as I understand that he has a roommate who can "replace" me. I understand that the existing lease continues until March of next year, but under the circumstances, and in view of my own court order, I cannot reside there with him. There is really no change in lease status as Mr. Gonzalez and his roommate would continue to pay the rent as stated in the existing lease. I would request my share.01' the security deposit to be replaced by his roommate. I am currently residing at the above address, please contact me regarding this situation or if you need any verification of the above. Thank you for your time and understanding Sincerely, Donna M. Gonzalez Donna M. Gonzalez, Plaintiff Vs. Israel Gozalez-Soto, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 -90) CIVIL TERM :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 2 n day of ?Qr 1999, at c..m. , in courtroom No. !/03 :he 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. §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 HELD. 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 scheduled conference or hearing. ;( [1 n. .. 1' ? j.\w 'l•l: ?• Donna M. Gonzalez, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 99 -4?l/ CIVIL TERM Israel Gonzalez-Soto, Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Israel Gonzalez-Soto Defendant's Date of Birth: 12/26/77 Defendant's Social Security Number: 182-78-1038 Name of Protected Person: Donna N. Gonzalez AND NOW, this day of ?iGe 1999, upon consideration of the attached Petit'on or 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 , Cumberland County, Pennsylvania, (a residence which is jointly owned/leased by the parties; owned/leased by the entireties; owned/leased solely by Plaintiff /Defendant to which Plaintiff and the minor child/ren moved to avoid abuse, which is not owned or leased by the Defendant, 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, except for the limited purpose of transferring custody of the parties' child/ren. Defendant shall remain in his vehicle at all times during the transfer of custody.) ® 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's school located at York College in York, York County, Pennsylvania or place of employment located at Holiday Inn, Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. Defendant is specifically ordered to stay away from the following locations for the duration of this Orders Plaintiff's residence located at 623 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is owned by Plaintiff's mother. ® 4. 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: Shiremanstown Borough Township Police Department, Hampden Township Police Department, and Pennsylvania State Police Department. ? 9. THIS ORDER SUPERSEDES O 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. 86114. 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. 56113. 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. 55 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 Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Joan Carey Attorney for Plaintiff BY THE COURT, Judge Donna M. Gonzalez, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 99 CIVIL TERM Israel M. Gonzalez-Soto, Defendant :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Donna Gonzalez. 3. The name of the person who seeks protection from abuse is Donna M. Gonzalez. 4. Plaintiff's address is 6223 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania. 5. Defendant is believed to live at the following address: 411 East Main Street, Apt. #2, Shiremanstown, Cumberland County, Pennsylvania 17011. Defendant's Social Security Number is 182-78-1038. Defendant's date of birth is 12/26/77. Defendant's place of employment is united Concordia, 100 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania 17089. 6. Defendant is Plaintiff's husband. 7. The facts of the most recent incident of abuse are as follows: On or about July 15, 1999, Defendant stalked Plaintiff, placed a trash can behind her car, and parked his car behind her car so that she could not leave without his knowing. When she got into her car, he got out of his car and screamed, yelled, and knocked on her .j window, causing her to fear for her safety. When Defendant finally EP left, Plaintiff went to her brother's house for her safety. Defendant; was waiting in his car down the street from her brother's house, causing her to fear for her safety. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a. In or around June 1999, Plaintiff drove around the corner of her house, trying to leave Defendant. Defendant stood in front of her car to prevent her from leaving. Plaintiff went to her mother's house and called the police. Shortly thereafter, Defendant came to her mother's house and pounded on the door, looking for Plaintiff. Fearing for her safety, she called the police. b. In or around June 1999, Defendant yanked Plaintiff off of the couch onto the floor. Defendant kicked Plaintiff two or three times in the back. c. On or about May 22, 1999, Plaintiff attempted to lock Defendant out of the bedroom. Defendant pushed through the bathroom door into the bedroom and pulled the towel racks off of the wall in the bathroom, causing her to fear for her safety. Defendant threw Plaintiff down on the bed and smashed the mirror with his fist, causing her to fear for her safety. d. In or around May 1999, Defendant pushed Plaintiff up against refrigerator and choked Plaintiff. e. On numerous occasions, Defendant has taken Plaintiff's keys to prevent her from leaving the house. 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: Shiremanstown Township Police Department, Hampden Township Police Department, and Pennsylvania State Department. 10. There is an immediate and present danger of further abuse from the Defendant. 11. Plaintiff is asking the Court to orde Defendant to stay away from the residence at 6223 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania which is owned by Plaintiff's parents. 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. B. Order Defendant to stay away 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 school or 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, in the event of hearing. 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, in the event of hearing. 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 Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Dated: 4G Respectfully submitted, Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 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. 54904, relating to unsworn falsification to authorities. Dated: ,Q ?`?nir1 U/ 1, Donna M. Gonzale Pla tiff DONNA M. GONZALEZ, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ISRAEL GONZALES-SOTO DEFENDANT 994511 CIVIL TERM ORDER OF COURT AND NOW, this 3o day of August, 1999, following a hearing, and finding that defendant has abused plaintiff, IT IS ORDERED: (1) Defendant shall not abuse, stalk, harass or threaten plaintiff. (2) Defendant is prohibited from having any contact with plaintiff. (3) This order supersedes the temporary protection for abuse order entered on July 26, 1999. (4) This order shall remain in effect for a period of one year from this date. (5) Costs are assessed against defendant. (6) The police shall have jurisdiction to enforce this order pursuant to 23 Pa.C.S. Section 6113. Joan Carey, Esquire For Plaintiff Daniel M. Fennick, Esquire af? s' 3) - 9 For Defendant y -' :sea 4. p; -.F?,-OT?CP 08/31/99 TUE 10:51 FAX 717 240 8573 CURD CO PROTHONOTARY 9 9• YK/J 41001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT sssxsssssssxsxssxsxss sss TX REPORT sss sssssasssssssssssssss 1459 92490779 08/31 10:50 01'04 2 OK