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HomeMy WebLinkAbout99-06133ti t f 3 f yi y ?? g L , 4 5 { ? ? J N k k3 F tiles-?z' ? t:.F ? ? y a m f. , 61 (I < - l f i y ? e ?nJ;s i \ t?4 s. f Y. • ? ?" ? p _ y C ? , ?,( t CF ( i L Y i J S ??Y Y ,? Ss 'F5 1' f f t 5 . t f '?^ 15'4>r g? " t ?i ,1 p (gt t ?? atY ? Y ? DI .A 1 y L'{? n ] T 3y` f f fY"?aK n s ? F t 3 a :/ i . n I f r ? E;} fi p GY ?k ri _ '\ t -? Y '€ t4 i '•4 t v i i?it « , y rh r trt ? J 1b ? 3 ? ?{I? vx f ??? py^ . h`f Gtil < ` aM?Y ? ;' T ? t { f 8 ? }3, z f ":?,, yr ro- f.r %T5 r +r fe r vtx x s Ai 5 , r ?g?? K' iS(:) f C ' 4 f ? b r `4' 4 an ly t , ?I ] ' ?. ti %r't A Kfi 16yt w d Q x. M1 ( ? f ?GX* f f r VALERIE STARR MALLORY, Plaintiff VS. IVORY JOE MALLORY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99. (9133 CIVIL TERM : PROTECTION FROM ABUSE 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 enteral 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 on the 'day of October,19999 at a"X) pi -m. 00 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 S 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 scheduled conference or hearing. VALERIE STARR MALLORY, Plaintiff VS. IVORY JOE MALLORY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 10 133 CIVIL TERM : PROTECTION FROM ABUSE Defendant's Name: IVORY JOE MALLORY Defendant's Date of Birth: 06/02/50 Defendant's Social Security Number: 254-80-0055 Name of Protected P n: VALERIE STARR MALLORY AND NOW, this d y of October, 1999, upon consideration of the attached Petition for Protection from Ab se, the court hereby enters the following Temporary Order: ® 1. Defendant shall not abuse, harass, stalk orthreaten the above person In any place where she might be found. O 2. Defendant is evicted and excluded from the residence at _ 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 current residence, and any other residence that she may, in the future, establish for her herself, and/or her place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plalntiff a current residence and place of employment: Locations arc undisclosed for Plaintiffs protection. This information shall be provided to the Court and/or appropriate law enforcement agencies upon request. © 4. Defendant shall not contact Plaintiff by telephone or by any other means, Including through third persons. i] 5. Pending theoutcomeofthefinalhearinginthis matter. Plaintiff is awarded temporary custody of the following minor children: Until the final hearing, all contact between Defendant and the children shall be limited to the following: The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children arc placed in the care and control of Plaintiff in accordance with the terms of this Order. O 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 Sheriffs 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 Sheriffs 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. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff, except by further Order of Court. 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 property owned jointly by the parties or owned solely by Plaintiff. Defendant shall refrain from harassing Plaintiff's relatives. S7% 8. A certified copy of this Order shall be provided to the appropriate police departments and/or law enforcement agencies where Plaintiff resides and/or is employed, and any other agency specified. ® 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER. ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY D 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. 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. §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 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 Plaintiffs residence OR any locations where a violation of this order occurs OR where 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 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. le Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 BY THE COURT, VALERIE STARR MALLORY, Plaintiff VS. IVORY JOE MALLORY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- [0133 CIVIL TERM : PROTECTION FROM ABUSE I. Plaintiff is Valerie Starr Mallory. 2. The name of the person who seeks protection from abuse is Valerie Starr Mallory. 3. Plaintiffs address is undisclosed for her protection. This information will be provided to the Court and/or appropriate law enforcement agencies upon request. 4. Defendant's address is 967 East Market Street, Georgetown, Delaware 19947. Defendant's Social Security Number is 254-80-0055. Defendant's date of birth is 06/02/50. Defendant's place of employment is Melvin Joseph Construction Company, Georgetown, Delaware. 5. Defendant is Plaintiffs husband. 6. Defendant has been involved in the following criminal court action: Delaware State Police filed charges of offensive touching, criminal mischief, and disorderly conduct against Defendant as a result of the incident involving Plaintiff which occurred on or about September 25, 1999. Defendant told Plaintiff that he was convicted of manslaughter in or about 1970, and that he served time in prison in Georgia for the crime. The facts of the most recent incident of abuse arc as follows: Approximate Date: On or about September 25, 1999 Approximate Time: 1:00 a.m. Place: 967 East Market Street, Georgetown, Delaware, the marital residence. On or about September 25, 1999, Defendant grabbed the front of Plaintiff's pajama shirt striking her on the chest, tore the shirt open down the front ripping it almost completely off of her, and grabbed her by the arms several times restraining her as she tried to leave the residence. Defendant followed Plaintiff when she ran outside, grabbed her by the arms, and slammed her against the side of the mobile home. Plaintiff, who was barefoot and in her pajamas, broke away from Defendant, ran (holding pieces of the ripped pajama shirt against herchest) approximately''/. mile down the lane and across the highway, to a bar where she saw Delaware State Police reported the incident to a trooper. As Plaintiff waited in the parking lot for another trooper to arrive and interview her, Defendant drove into the parking lot and the police arrested him and charged with offensive touching, criminal mischief, and disorderly conduct. Defendant was imprisoned and later released on bail. While Defendant was in prison, Plaintiff packed her belongings and went to her sister's home nearby until she could return to Pennsylvania. Plaintiff sustained bruising about her chest, arms, and leg, and scratches on her neck, chest, and belly as a result of this incident. Despite a condition of his bail being no contact with Plaintiff, Defendant has repeatedly telephoned her relatives in Pennsylvania and Delaware since his release from prison in an attempt to locate her. Fearing for her safety, Plaintiff has been staying at an undisclosed location to avoid furtherabuse. Plaintiff reported Dcfendant'stelcphonc calls to the Delaware State Police on October 4, 1999. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about September 10, 1999. Defendant argued with Plaintiff, grabbed her neck and squeezed it. b) InoraboutAugust 1999, when Plaintiff returned home from working with her sister at seafood processing plant, Defendant questioned her as to her whereabouts, grabbed her by the anus, and, while in close proximity to her face, calmly accused her of "whoring around like her sister", and threatened that they were both in trouble. C) In or about June 1999, Defendant grabbed Plaintiff by her ankles as she sat on the couch, and yanked her off of the couch onto the floor. Plaintiff sustained soreness about her tailbone as a result of this incident. Plaintiff returned to Pennsylvania to avoid further abuse. d) On or about January 14, 1999, Plaintiff retained Legal Services, Inc. to mail a letter to Defendant advising him to cease abusing and threatening her, and notifying him that he would be a defiant trespasser if he went to her residence. See attached Exhibit A, incorporated herein by reference. e) Since approximately 1997, Defendant has abused Plaintiff in ways including, but not limited to the following: shoving, grabbing, slapping, choking, and restraining her, throwing her, throwing shoes and a window fan at her; ripping her clothing off of her, and attempting to isolate her by preventing her from contacting her family and friends. 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: Appropriate police departments and/or law enforcement agencies will be provided with copies of the Protection Order. 10. There is an immediate and present danger of further abuse from Defendant. 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 she may be found. B. 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 Plaintiffs current residence, or any residence that she may, in the future, establish for herself, and/or her place of employment. C. Prohibit Defendant from having any contact with Plaintiffs relatives. D. Order Defendant to pay the costs of this action, including filing and service fees. E. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. F. Order the following additional relief, not listed above: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant shall refrain from harassing Plaintiff's relatives. G. Grant such other relief as the court deems appropriate. H. 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. Petitioner will inform the designated authority ofany addresses, otherthan Defendant's residence, where Defendant can be served. Respectfully submitted Date: an Carey, Attorney for ntiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: 5' a g' Valerie Starr Mallory, Plaintiff r Y ' S ?y? i iJ. ,'3 s ft? LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243.9400 Fax (717) 243.8026 West Shore (717) 766.8475 January 14, 1998 Ivory J. Mallory 600 Carver Drive Fort Valley, OA 31030 Dear Mr. Mallory: hu10o F,m La C?rWenlur& hmA&w 17101 mn 1.311. O: S. WMwp.M 51M1 W 11"N's. Frmn,Meu 1711e 171711".,611 Valerie Mallory recently came to our office to discuss incidents in which she says you physically abused her and threatened to abuse her. She has been advised of the criminal and civil remedies available to her. This letter officially gives you notice that you will be considered a defiant trespasser if you go to her residence. The penalty for defiant trespass is up to one year imprisonment. You should be aware that the criminal laws apply to acts of violence even when they occur between husband and wife. The penalty for simple assault, which can include "attempts by physical menace to put another in fear of imminent serious bodily injury" is up to two years imprisonment and a $5,000.00 fine. For harassment (including striking, shoving, kicking, alarming or seriously annoying a person), the punishment is up to a $300.00 fine and 90 days imprisonment. Harassment by communication is also a crime punishable by up to one year in prison or a $2500 fine. The crime of stalking includes engaging in a course of conduct such as following someone without proper authority intending to cause the person fear of bodily injury or substantial emotional distress. Stalking is punishable by imprisonment for up to seven years. Ms. Mallory has also been advised of a civil remedy available under the Protection from Abuse Act. Under this Act, she can petition the court to issue a Protection Order. If such an order is entered, it will be placed on file with the police, and if you violate the order, you will be taken before the judge who issued the order. The judge will then decide what punishment is appropriate. A person who violates such an order can be imprisoned for up to six months. EXHIBIT A IQ SERVING ADAMS. r•IIMRFRI.ANn. FRANKI IN AND MU TON COIINTIFS unim Ms. Mallory does not wish to pursue her legal remedies against you at this time, but she does want you to be aware that if there is further violence or threat of violence toward her she is prepared to take legal action. I hope your awareness of the consequences of violent acts will help to prevent the recurrence of such acts in the future. SBINC. Sincerely, LEGAL hoanoCaraey&( Attorney at Law cc: Pennsylvania State Police Valerie S. Mallory Q ? - : • W , ?? . t J o t rn `i of f? N N n O VALERIE STARR MALLORY, Plaintiff VS. IVORY JOE MALLORY, Defendant AND NOW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6133 CIVIL TERM PROTECTION FROM ABUSE day of October, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Thursday, October 14, 1999, at 4:00 p.m. by this Court's Order of October 6, 1999, is hereby rescheduled for hearing on Friday, November 5, 1999, at 1:30 p.m. in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered, through October 6, 2000, or until further Order of Court, whichever comes first. Certified copies of this Order for Continuance will be provided to the appropriate law enforcement agencies by Plaintiff's attorney. The location of Plaintiff's residence and place of employment is undisclosed forherprotection, but shall be disclosed to the Court and law enforcement agencies upon request. Joan Carcy, Attorney for Plaintiff LEGAL SERVICES, INC. Cr Jt„' I,- i. S. yl- . r'tr; y 99 OPT I r fcRro.,il?i sir; } f , 'R v w i ?f 4ti 5 VALERIE STARR MALLORY, Plaintiff VS. IVORY JOE MALLORY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6133 CIVIL TERM PROTECTION FROM ABUSE Plaintiff, Valerie Starr Mallory, by and through her attomey, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on October 6, 1999, scheduling a hearing for Thursday, October 14, 1999, at 4:00 p.m. 2. On October 6, 1999, the Cumberland County Sheriff s Department mailed a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse, by certified mail, restricted delivery, retum receipt requested, to Defendant at his residence at 967 East Market Street, Georgetown, DE 19947. 3. As of October 13,1999, at approximately 4:00 p.m., the Cumberland County Sheriffs Department had not received the retum receipt card mailed to Defendant confirming service. 4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered, through October 6, 2000, or until further Order of Court, whichever comes first. 5. Certified copies of the Order for Continuance will be delivered to the the appropriate law enforcement agencies bythcattomcyforPlaintiff. The location of Plaintiffsresidenccand place of employment is undisclosed for her protection, but will be disclosed to the Court and law enforcement agencies upon request. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter forbearing, and that theTemporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered, through October 6, 2000, or until further Order of Court, whichever comes first. Respectfully submitted, kahCarey, Attorney Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VALERIE STARR MALLORY, Plaintiff VS. IVORY JOE MALLORY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6133 CIVIL TERM PROTECTION FROM ABUSE ER OF COURT AND NOW, this day of November,1999, upon consideration of the attached Petition, the Temporary Protection From Abuse Order in the above-captioned case entered on October 6,1999, is hereby vacated and the action withdrawn without prejudice to Plaintiff. A certified copy of this Order shall be provided to the Pennsylvania State Police and the Carlisle Police Department by Plaintiffs attorney. n„?„•??,i • 3, Joan Carcy, Attorney for Plaintiff Uy" f LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717)243.9400 ?..- Cl. i^ i C": ? ? . t4, h: 4?C ? ..: ?- ?? ?; " , ^ ? ?J ? ... - ?3.. U G5 `.j C,! (7l (J VALERIE STARR MALLORY, Plaintiff VS. IVORY JOE MALLORY, Defendant CUMBERLAND COUNTY, PENNSYLVANIA : M THE COURT OF COMMON PLEAS OF NO. 99-6133 CIVIL TERM : PROTECTION FROM ABUSE Plaintiff, Valerie Starr Mallory, by and through her attorney, Joan Carey of Legal Services, Inc., requests that the Court vacate the Temporary Protection From Abuse Order in the above- captioned case and that the action be withdrawn on the grounds that: 1. A Petition for Protection From Abuse was filed and a Temporary Protection From Abuse order was issued by this Court on October 6, 1999, scheduling hearing for October 14, 1999, at 4:00 p.m.. 2. On October 6, 1999, the Cumberland County Sheriffs Department mailed a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse, by certified mail, restricted delivery, return receipt requested, to Defendant at his residence at 967 East Market Street, Georgetown, DE 19947, but as of October 13, 1999, the Cumberland County Sheriffs Department had not received the return receipt card mailed to Defendant confirming service. 3. On October 14, 1999, a second Order for Continuance was entered scheduling a hearing for November 5, 1999, at 1:30 p.m. 4. Plaintiff advised Legal Services, Inc. staff that Defendant pled guilty to assaulting her and was ordered by the Delaware Court not to have any contact with her and to attend a local batterer's program. Plaintiff indicated to Legal Services, Inc. staff that because of the foregoing conditions placed on Defendant and since she has permanently relocated to Pennsylvania, she wishes to withdraw the above-captioned case. 5. Plaintiff requests that the Final Protection Order be vacated and the action withdrawn without prejudice to her. 6. A certified copy of this Order will be provided to the Pennsylvania State Police and the Carlisle Police Department by attorneys for Plaintiff. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, and that the action be withdrawn without prejudice to Plaintiff. Respectfully submitted, 06an Carey, Attorney fo laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VEBUICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of IS Pa.C.S. §4904, relating to unworn falsification to authorities. Dated: . 1 a ' 1 el (I Valerie Start Mallory, Plaintiff S'1 ll.: to I SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 1999-06133 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MALLORY VALARIE STARR VS. MALLORY IVORY JOE R. Thomas Kline , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, served the within named DEFENDANT, MALLORY IVORY JOE , by United States Certified Mail postage prepaid, on the 6th day of October 1999 , at 8:00 HOURS, at 967 EAST MARKET ST GEORGETOWN, DE 19947 a true and attested copy of the attached PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER The returned receipt card was signed by , on 0/00/0000. Additional Comments: ITEM RETURNED UNCLAIMED AND UNOPENED ON 11/15/99. Sheriff's Costs: So answer Docketing 18.00 Affidavit 5.00 - Surcharge 8.00 $3j..qG11/16/1999 Sworn an subscribed to before me 19i; D. of Q . ractratracar?' Z 013 338 019 COUNTY OF CUMBERLAND ' Office of The Sheriff 1 Courthouse Square Carlisle, Pennsylvania 17013 r? ?C? 0 Ivory .' Wob NOhfE OCT 14199 iETURN RECEIPT WORD Joe Mallory at Mnrket St 2 1 r ? 06.99 OCI E, -p I M, PBmmm Lz- p?1158334 TU to ? r? It? t 14 $IAt .NUY,?tI .. tl ur'e. RMS ..?. r ., i P, InIS ENYrI '_?? r • i1 .d i..p r? quo- ., M1. `4 _ • >.. .. ... f 1 1 t p • r t? 4 , d R ' 'ta 1 r 1 QE J i t. i i " SENDER: I also wish to receive the =0 I arXVa 2la adWOW Savkes' IOilowing services (tat an asma 3, 4, arld 4b. • Pnd gw name snd adk•u on tM tavena d aw. loan W Mot w• an r•Wm ew BMha lost: ¦ You ldrn to IM Irod d"mutr c . M W M• b"k d pau does nor Aatc 1. ? Addrossee's Address p t ¦ Wraa'R Ium Ramp Roquested'm tna ".0" below Ms ankle manbar. 2. ? Restricted Delivery :The Retum neap wig snow to wtlom tnn .brie was dGhwed and 1M au Consult postmaster for tee. IS deemed. 3. ARIUo Addressed to: ? 102 T 4a. Arlid NumbeL - ivory Joe Mallory 4b. Service Type 96.1 East Market St ?Registered )(Ceellled Georgetown, DE 19947 ?ExpressMail ?insured F ? Return Recept for MercharW!se ? coo 7. Dete of Delivery '. 5. Received By: (Print Name) B. Addressee's Address (Ooty of requested and lea is paid) 6. Signature: (Addressee or Agent) i X PS Form 3811, Dygpr/r ' . welrr*es?' ,ozsvs se emzv Domestic Return Receipt I.A -14144' 1 S 1 1 ? 1I .. T.. ._14 ,_. \ I' Y ? t ' ? +. i ? ?. 1 i. { S t ?? ?? -• , , . VALERIE STARR MALLORY, Plaintiff VS. IVORY JOE MALLORY, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- b/ CIVIL TERM PROTECTION FROM ABUSE YOU HAVE BEEN SUED IN COURT. !fynti 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 on the ? day of October,1999, at ?'6 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 afternotice 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 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 lew, er or cannot aflnrd 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 scheduled conference or hearing. VALERIE STARR MALLORY, Plaintiff Va. IVORY JOE MALLORY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99. 640 CIVIL TERM PROTECTION FROM ABUSE Defendant's Name: IVORY JOE MALLORY Defendant's Date of Birth: 06/02/50 Defendant's Social Security Number. 254-80-0055 Name of Protected Person: VALERIE STARR MALLORY % AND NOW, this ,k:day of October, 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 the above person in anyplace where she night be found. ? 2. Defendant is evicted and excluded from the residence at _ 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 current residence, and any other residence that she may, In the future, establish for her herself, and/or her place of employment. Defendant Is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs current residence and place of emplovment: Locations are undisclosed for Plaintiffs protection. This information shall be provided to the Court and/or appropriate law enforcement agencies upon request. ® 4. Defendant shall not contact Plaintiff by telephone or by any other means, Including through third persons. O 5. Pending the outcome ofthe final hearing in this matter. PWritiffisawardedtemporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the children shall be limited to the following: The local law enforcement agency in the jurisdiction where the children are located small ensure that the child/ren Pre placed in the care and control of Plaintiff in accordance with the terms of this Order. O 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs 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 prepayment 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. Law enforcement agencies, human service agencies and school districts shall not disclose the presenct. of P!aindff In &..e jurisdiction or district or furnish any address, telephone number, or any other demographic Information about Plaintiff, except by further Order of Court. This Order shall remain in effect until mods led 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 property owned jointly by the parties or owned solely by Plaintiff. Defendant shall refrain from harassing Plaintiffs relatives. ® 8. A certitled copy of this Order shall be provided to the appropriate police departments and/or law enforcement agencies where Plaintiff resides and/or Is employed, and any other agency specified ® 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER. 0 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. 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. §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 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. This Order shall be enforced by the police who have jurisdiction over Plaintiffs residence OR any locations where a violation of this order occurs OR where 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 of law enforcement. Subsequent to an arrest, the law enforcement officershall seizeall weapons used orthreatened 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 unfit further Order of this Court, unless the weapon/s are evidence ofa crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, tSPe?.r? J QW 1 ?, Judge TRtlC COPY FROM nECORD in Tostfmarr, I gore, veto ti.`1 my Nina and the b°o! 6 7ri-? C,rurt at C; rkst , P ini?_ 4L) dzy ol-C t0 Nothonotary Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717)243.9400 VALERIE STARR MALLORY, : IN THE COURT OF COMMON PLEAS OF Plaintiff VS. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99m CIVIL TERM IVORY JOE MALLORY, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE Plaintiff is Valerie Starr Mallory. 2. The name of the person who seeks protection from abuse is Valerie Starr Mallory. 3. Plaintiffs address is undisclosed for her protection. This information will be provided to the Court and/or appropriate law enforcement agencies upon request. 4. Defendant's address is 967 East Market Street, Georgetown, Delaware 19947. Defendant's Social Security Number is 254-80-0055. Defendant's date of birth is 06/02/50. Defendant's place ofemployment is MelvinJoseph Construction Company, Georgetown, Delaware. 5. Defendant is Plaintiffs husband. 6. Defendant has been involved in the following criminal court action: Delaware State Police filed charges ofoffensive touching, criminal mischief, and disorderly conduct against Defendant as a result of the incident involving Plaintiffwhich occurred on or about September 25, 1999. Defendant told Plaintiff that he was convicted of manslaughter in or about 1970, and that he served time in prison in Georgia for the crime. 7. The facts of the most recent incident of abuse are as follows: notifying him that he would be a defiant trespasser if he went to her residence. See attached Exhibit A, incorporated herein by referenm e) Since approximately 1997, Defendant has abused Plaintiff in ways including, but not limited to the following: shoving, grabbing, slapping, choking, and restraining her, throwing her, throwing shoes and a window fan at her, ripping her clothing off of her, and attempting to isolate her by preventing her from contacting her family and friends. 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. Appropriate police departments and/or law enforcement agencies will be provided with copies of the Protection Order. 10. There is an immediate and present danger of further abuse from Defendant. WHEREFORE, PLAINTIFF REQUESTS THATTHE COURT ENPERATEMPORARY 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 she may be found. B. 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 Plaintiffs current residence, or any residence that she may, in the future, establish for herself, and/or her place of employment. C. Prohibit Defendant from having any contact with Plaintiffs relatives. D. Order Defendant !o pay the costs of this action, including filing and vervice fees. E. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. F. Order the following additional relief, not listed above: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant shall refrain from harassing Plaintiffs relatives. 0. Grant such other relief as the court deems appropriate. H. 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. Petitioner will inform the designated authority ofany addresses, otherthan Defendant's residence, where Defendant can be served. Date: Respectfully s fitted, an Carey, Attorney for ntiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 x•b ;c ? , ?YY' S .Tµ y4, r+.2 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and coned to the best of my Imowlelge. I understand that any false statements are made subject to the penalties of 18 PLC.S. §4904, relating to unswom falsification to authorities. Dated:! Q Valerie Starr Mallory, Plaintiff •? r i? n z I+ ( µ-?w '?7 LEGAL SERVICES, INC. 8 Irvine Raw Carlisle, Pennsylvania 17013 (717) 243.9400 Fax (717) 243.8026 West Shore (717) 766.8475 January 14, 1998 Ivory J. Mallory 600 Carver Drive Fort Valley, GA 31030 Dear Mr. Mallory: Valerie Mallory recently came to our office incidents in which she says you physically abused threatened to abuse her. She has been advised of and civil remedies available to her. nrr11? L. oo.h=*. oral UrtW I $~ 0 q+w. hwrMw l?W mn,a,.n to discuss her and the criminal This letter officially gives you notice that you will be considered a defiant trespasser if you go to her residence. The penalty for defiant trespass is up to one year imprisonment. You should be aware that the criminal laws apply to acts of violence even when they occur between husband and wife. The penalty for simple assault, which can include "attempts by physical menace to put another in fear of imminent serious bodily injury" is up to two years imprisonment and a $5,000.00 fine. For harassment (including striking, shoving, kicking, alarming or seriously annoying a person), the punishment is up to a $300.00 fine and 90 days imprisonment. Harassment by communication is also a crime punishable by up to one year in prison or a $2500 fine. The crime of stalking includes engaging in a course of conduct such as following someone without proper authority intending to cause the person fear of bodily injury or substantial emotional distress. Stalking is punishable by imprisonment for up to seven years. Ms. Mallory has also been advised of a civil remedy available under the Protection from Abuse Act. Under this Act, she can petition the court to issue a Protection Order. If such an order is entered, it will be placed on file with the police, and if you violate the order, you will be taken before the judge who issued the order. The judge will then decide what punishment is appropriate. A person who violates such an order can be imprisoned for up to six months. EXHIBIT A SERVING ADAMS. r timnFul ANn. FRANKI IN ANn Fi1l,Tnm r7011"F.A u ., I C. ' Ns. Mallory does not wish to pursue her legal remedies against you at this time, but she does want you to be aware that if there is further violence or threat of violence toward her she is prepared to take legal action. I hope your awareness of the consequences of violent acts will help to prevent the recurrence of such acts in the future. Sincerely, LLEGALL)SERVICES, INC. Jat Law cc: Pennsylvania State Police Valerie S. Mallory r ro. Y pEN11Stl`1AN1A y.} 4Yi 5 i.Y •'•? •+• &+M vatr LUAU bV YKujiiumUl'AKY t„ttttsttttt.tt,,,,. .ss TX REPORT .ss ..t...ttt..,.t.t...,, y'9 /0t33 TRANSMISSION OK Tx/RE NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 1823 92490779 10/08 13:41 03'38 7 OK air acruu rl(1 is:au rAA 717 24U 9573 CUMD CO PROTHONOTARY ssuusesssssesttttu ses TX REPORT sss sssssassssssssusssss TRANSMISSION OK r TE/RZ NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 1551 92190779 11/12 11:35 03'32 5 OK GA24av.71 ®001,