HomeMy WebLinkAbout99-06776h
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OFFICE OF THE DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
ONE COURTHOUSE SOUARE
CARLISLE. PENNSYLVANIA 17013
TODD WILLIAM ABICHT, IN THE COURT OF COMMON PLEAS OF
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-6776 CIVIL TERM
NICOLE E. COSTA,
Defendant, CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 181h day of February, 2000, upon consideration of the within petition,
the Indirect Criminal Contempt Complaint filed on January 6, 2000 against the above-
captioned individual is here withdrawn.
By the Court,
L• i
J. Wesley Oler,(Jr. ? J.
Mary Jo Mullen
Senior Assistant District Attorney
Patrolman Warren S. Cornelious
Camp Hill Police Department
Cumberland County Victim/Witnes
NICOLE E. COSTA
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TODD WILLIAM ABICHT,
Plaintiff,
V.
NICOLE E. COSTA,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6776 CIVIL TERM
CHARGE: INDIRECT CRIMINAL CONTEMPT
PETITION TO WITHDRAW ACTION
Mary Jo Mullen, Senior Assistant District Attorney of Cumberland County, Pennsylvania,
requests that the Court withdraw the action in the above-captioned case on the grounds that:
1. A Petition for a hearing on charges of Indirect Criminal Contempt was filed by
Jonathan R. Birbeck, Chief Deputy District Attorney on January 6, 2000. A
warrant was issued for the Defendant on January 6, 2000.
2. There are pending criminal charges against the Plaintiff in this case.
3. The Defendant currently is residing in safe-housing.
4. The Office of the District Attorney does not feel that prosecution at this time is in
the interest of Justice.
WHEREFORE, the Commonwealth requests the Court grant the relief requested ans
withdraw the action.
Respectfully submitted,
Mary Jo Mullen
Senior Assistant District Attorney
TODD WILLIAM ABICHT,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6776 CIVIL TERM
NICOLE E. COSTA,
Defendant : PROTECTION FROM ABUSE
FINAL PROTECTION 0"I
Defendant's Name: NICOLE E. COST , nrn
Defendant's Date of Birth: 0711410163,11
Defendant's Social Security Number: Unknown to Plaintiff
Name of Protected Person: TODD WILLIAM ABICHT
AND NOW, this l Sa day of December, 1999, the court having
jurisdiction over the parties and the subject-matter, it is ORDERED,
ADJUDGED, and DECREED as follows:
Plaintiff, Todd William Abicht, is represented by Joan Carey of Legal Services, Inc.;
Defendant, Nicole E. Costa, is unrepresented, but has been advised of her right to counsel in this
matter.
Defendant, although agreeing to the terms of this Order, does not admit the allegations
made in the Petition.
Plaintiff's request for a Final Protection Order is granted pursuant to the consent of
Plaintiff and Defendant.
? Plaintiffs request for a Final Protection Order is denied.
1. Defendant shall not abuse, stalk, harass, threaten Plaintiff in any place where
he might be found.
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? ? Defendant is completely evicted and excluded from the residence at or any
other residence where Plaintiff may live. Exclusive possession of the residence is granted to
Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises.
? Oil- at-. in., Defendant may enter the residence to retrieve his/her clothing and
other personal effects, provided that Defendant is in the company of a law enforcement
officer when such retrieval is made.
3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to, any contact at Plaintifrs current residence, and any
other residence he may, in the future, establish for hintself, his school, business, and/or place
of employment. Defendant is specifically ordered to stay away from the following locations
for the duration of this Order:
Plaintiff's residence: 135 North 21" Street, Camp Hill, Cumberland County,
Pennsylvania
Plaintiffs school: wherever that may he
Plaintiff's place of employment: Ontni Realty, 160 South Progress Avenue,
Harrisburg, Dauphin County, Pennsylvania, 6KCC- FOP TNGCwNtTSb
V.cRP056 OP busm s kGcAr?;b To NApae T"GA ,
4. Defendant shall not contact the Plaintiff by telephone or by any other means,
including third parties.
0 5. Custody of the minor children, , shall be as follows: (or 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 Sheriffs 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:
? 7. Defendant is prohibited from possessing, transferring oracquiring any other firearms
and/or specific 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 Court.
8. The following additional relief is granted as authorized by §6108 of this Act:
This Ordershall remain in effect until modified or terminated by the Cott rtan (I
can be extended beyond its original expiration dale 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 by
Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
Defendant is ordered to enroll in one of Dauphin County's 26-week batterer's
intervention programs within 30 days oftheentry ofthis Order. Defendant shall
remain in the program until she has successfully completed all counseling and
administrative requirements and is released by the program facilitator.
Batterer's counseling programs in Dauphin County are offered by Mosaic
Counseling Service at 2001 North Front Street in Harrisburg (717-234-6438)
and Solias Counseling Service in Steelton (717-939-0519).
0 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 Plaintitfdoes 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.
0 10. The costs of this action are waived as to Plaintiff and imposed on Defendant.
0 11. Defendant shall pay $_ to Plaintiffascompensation for Plaintifl's out-of-pocket losses,
which are as follows: Olt
0 Plaintiffis 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
tiling of this petition.
? 12. BRADY INDICATOR
0 I. The Plaintiff or protected person/s is a spouse, fonner 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. This Order is being entered afiera hearing ofwhich Defendant received actual
notice and had an opportunity to be heard.
0 3. Paragraph I of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected persons.
? 4. Defendant represents a credible threat to the physical safety of Plaintiff or
other protected persons OR
? The terms of this Order prohibit Defendant from using, attempting to use, or
threatening to use physical force against Plaintiffor protected person that would reasonably
be expected to cause bodily injury.
E> 13. TI-IIS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
El ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
E> 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 BYA 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 ACTION, 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 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 Plaintiffs 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. §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 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, Plaintiffs 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.
This Order is entered pursuant to the consent of Plaintiff and Defendant:
Todd William Abicht, Plaintiff
oan Carey, Attorney for I intiff
LEGAL SERVICES, INC.
8 Irvine Row
Nicole E. Costa, Defendant
916 Green Street, Apt: I
Harrisburg, PA 17102
Carlisle, PA 17013
(717) 243-9400
BY THE COURT,
lX...
'TODD WILLIAM ABICHT.
Plaintiff
IN THE COURT OP COMMON PLEAS OF
CUN113ERLAND COUNTY, PENNSYLVANIA
NICOLE E. COSTA.
VS.
Del'endant
NO. 99-6776 CIVIL TERM
PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW. this 7.2.;ay of November. 1999, upon consideration of the attached Motion
for Continuance. the matter scheduled for hearing on November 19, 1999, at 3:00 p.m. by this
Court's Order of November 9. 1999, is hereby rescheduled for hearing on December 13, 1999, at
3:30 p.m. in Courtroom No. 1.
The Temporary Protection From Abuse Order shall remain in effect for a period ofone year
from the date it was entered. through November 9. 2000, or until further Order of Court, whichever
conics first.
A certified copy of this Order for Continuance shall be provided to the Camp Hill Police
Department by Plaintiff's attorney.
Joan Carey, Attorney for Plaintiff LOp14S J=SaJ? ??? e? rv ///ate/g5
LEGAL SERVICES, INC. I
8 Irvine Row
Carlisle. PA 17013
Nicole Costa. Defendant t r-r-- PV7 (Lc (\ /??aJ &
916 Green Street. .Apt. I
I larrisburg. PA 17102
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TODD WILLIAM ABICHT, :IN'I'1-IE000RTOFCOMMONPLEAS OF
Plaintiff
CUMBERLAND COUNTY. PENNSYLVANIA
VS.
NO. 99-6776 CIVIL TERM
NICOLE E. COS'T'A.
Defendant : PROTECTION FROM ABUSE
Plaintiff, Todd William Abicht, by and through his attorney, Joan Carey 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 From Abuse Order was issued by this Court on
November 9, 1999, scheduling a hearing for November 19, 1999, at 3:00 p.m.
2. The Cumberland County Sheriffs Department deputized the Sheriffs Department
of Dauphin County. and Defendant was served with a certified copy of the Temporary Protection
From Abuse Order and Petition for Protection From Abuse at the Dauphin County Courthouse, in
Courtroom No. 7, on November 10. 1999, at approximately 10:00 a.m.
3. Defendant indicated to Legal Services, Inc. on November 8, 1999, that she desired
legal representation in this matter, and met Legal Services, Inc.'s financial guidelines for apro Bono
attorney. Defendant agreed to a continuance in the case after she was advised by Legal Services, Inc.
staff that it would require additional time to locate an attorney to represent her.
4. The parties agree that the hearing be rescheduled pending further Orderin this matter.
5. 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 November 9. 2000, or until further
Order of Court. whichever conics first.
6, A certified copy of the Order for Continuance will be delivered to the Camp I lill
police Department by the attorney for Plaintiff.
WI IEREPORE. Plaintiffrcqueststhatthe Court grant this Motion and reschedule this matter
for hearing. and that the 'fentporary protection From Abuse Order remain in effect for a period of
one year from the date it was entered, through November 9. 2000. or until further Order of Court.
whichever comes I irst.
RespectfUllly submitted,
Joan Ca{y
Philip C. Briganti
Attorneys for Plaintiff
LEGAL SERVICES, INC.
R Irvine Row
Carlisle, PA 17013
(717) 243-9400
SHERIFF'S RETURN - OUT OF COUNTY
LASE,NO: 1999-06776 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ABICHT TODD WILLIAM
VS.
i
COSTA NICOLE E
R. Thomas Kline Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: COSTA NICOLE E
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania.
to serve the within PROTECTION FROM ABUSE
On November 18th, 1999 , this office was in receipt of
the attached return from DAUPHIN County, Pennsylvania.
Sheriff's Costs: So answers:
Docketing 18.00
Out of County 9.00
Surcharge 8.00 Z-Inom' asinine, er =
Dep Dauphin Co 25.50
0-5Q 11/18/1999
Sworn and subscribed to before me
this _/3 ?`- day of
19q e, A. D.
(--), , 0
, y - ProLnono dry
\l-,,r\ Jane Sri% der
Real 1{snac Iklxtn
William T. Tull\
Solicitor
Ralph G. McAllister
Chicr mput}'
Michael W. Rinehart
Assist:nu chic) Ikpttp
Dauphin Counh'
Harrisburg. Pcnnsclcanin 17101
ph: (717) 2;5-'_6611 ins: (717) 2ii-2>-89
Jack Lohvick
Sheriff
Commonwealth of Pennsylvania ABICHT TODD WILLIAM
vs
County of Dauphin COSTA NICOLE E
Sheriff's Return
No. 2329-T - - -1999
OTHER COUNTY NO. 99-6776
AND NOW: November 10, 1999 at 10:00AM served the within
TEMPORARY PROTECTION ORDER E PETITION
COSTA NICOLE E
tc NICOLE COSTA
1 true attested copy(ies)
of the original TEMPORARY PROTECTION ORDER 6 PETITION and making known
to him/her the contents thereof at DAUPHIN COUNTY COURT ROOM
HARRISBURG, PA 00000-0000
Sworn and subscribed to
before me this 10TH day of NOVEMBER, 1999
PROTHONOTARY
mitire of t4P ?$kertf{
upon
by personally handing
So Answers,
Sher' f of Dauphin Coun , Pa.
By
Deputy Sheriff
Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
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TODD WILLIAM ABICT. ?- IN 'HE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY. PENNSYLVANIA
VS.
: NO.99-_61ILn CIV IL TERM
NICOLE E. COSTA.
Defendant : PROTECTION FROM ABUSE
r'
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. Ifyou fail to do so, the case may proceed
against you and a FINAL Order maybe 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 4! day of November, 1999, at ,r) •m•+
in Courtroom No. I 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 injail under 23 Pa.C.S. §6114. Violation may also subjectyou 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 tinder 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 ou do not
represent you at the hearing. The court will not, however, appoint a lawyer for you. If
office set forth below to find outywhere you
have lawyer cannot afford one, go to or telephone
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.
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TODD WILLIAM ABICHT, : IN TI IE COURT OP COMMON PLEAS OF
Plaintiff
NICOLE E. COSTA,
VS.
Defendant : PROTECTION FROM ABUSE
TEMPORARY PROTECTION
FROM ABUSE ORDER
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- / ? CIVILTERM
Defendant's Name: NICOLE E. COSTA
Defendant's Date of Birth: 07/14/64
Defendant's Social Security Number: Unknown to Plaintiff
Name of Protected Person: TODD WILLIAM ABICHT
Yr-
AND NOW, this ? day of November, 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.
0 2. Defendant isevicted 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 hawing ANY CONTACT with Plaintiff at any
location, including, but not limited, to any contact at Plaintiffs current residence, and any
other residence he may, in the future, establish for himself, his school, and/or place of
employment. Defendant is specifically ordered to stay away from the following locations for
the duration of this Order:
Plaintiff's residence: 135 North 21" Street, Camp Hill, Cumberland County,
Pennsylvania
Plaintiffs school: wherever that may be
Plaintiffs place of employment: Omni Realty, 160 South Progress Avenue,
Harrisburg, Dauphin County, Pennsylvania
La/ 4. Defendant shall not contact Plaintiff by telephone or by any other means,
including through third persons.
0 >. Pending the outcome of the final hearing in this matter. Plaintiff is awarded
temporary custody of the following minor child/rcn:
Until the final hearing, all contact between Defendant and the child/rcn shall be
limited to the following:
The local law enforcement agency in the jurisdiction where the child/rcn are located
shall ensure that the child/rcn are placed in the care and control of Plaintiff in
accordance with the terms of this Order.
0 G. Defendant shall immediatelyrelinquish tile following weapons tothe Sheriff's Office
ora designated local law enforcement agency for the delivery to the Sheriffs Office: DEihi
is prohibited from possessing, transferring or acquiring any other weapons for the duration of this
Order.
E> 7. The following additional relief is granted:
The Cumberland County Sheriff's Department shall attempt to make service at
Plaintiffs 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 forservice. 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 an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff and/or minor child/ren.
Defendant is enjoined from damaging or destroying any property owned by
Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives or his minor
children.
E> 8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Plaintiff's residence: Camp Hill Police Department
Plaintiff's place of employment: Susquehanna Township Police Department
Plaintif's school: wherever that may be
9. 'I'RIS ORDER SUPERSEDES ANY PRIOR PFA ORDER.
ANY PRIOR ORDER RELA"rING 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
Derendant 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 ofthe Plaintiff to Defendant's return to the residence shall not invalidate
this Order, which can only be changed or modified through the filing ofappropriate 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 maybe considered in any subsequent proceedings, including chi Id
custody proceedings, under title 23 (Domestic Relations) ofthe Pennsylvania Consolidated Statutes.
NOTICE TO LAW
ENFORCEMENT OFFICIALS
This Order shall be enf orced by the police who have jurisdiction over the plaintiffs 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 ofa crime, in which case, they shall remain with the law enforcement agency
whose officer made the arrest.
BY'I'1IE UR'f.
------ Thidge
Joan Carey. Attorney for Plaintiff
LEGAL SERVICES, INC.
R Irvine Row
Carlisle. PA 17013
(717) 213-9400
TODD WILLIAM ABICHT,
Plaintiff
NICOLE E. COSTA,
VS.
Defendant
IN THE COURTOP COMMON PLEAS 01'
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- (: '% )? CIVIL TERM
PROTECTION PROM ABUSE
PETITION FOR
PROTECTION FROM ABUSE
Plaintiff is Todd William Abicht.
2. The name of the person who seeks protection from abuse is Todd William Abicht.
3. Plaintiffs address is 135 North 21"Street, Camp Hill, Cumberland County, Pennsylvania
17011.
4. Defendant's address is 916 Green Street, Apt. 1, Harrisburg, Dauphin County,
Pennsylvania 17102.
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is 07/14/64.
Defendant's place of employment is Harrisburg Area Community College, I HACC
Drive, Harrisburg, Dauphin County, Pennsylvania.
5. Defendant is Plaintiffs former intimate partner.
6. Plaintiff and Defendant have been involved in the following court action:
Case name Case No. Date f i led Court
Costa v. Abicht 4519S 1999 10/28/99 DauphinCounty Court of
Common Pleas
7. Defendant has been involved in the following criminal court action:
Defendant was convicted of a DUI in Dauphin County.
Defendant is currently on probation in Dauphin County and her Probation Officer is
Angela Moody.
The facts of the most recent incident of abuse are as follows:
On or about October 26, 1999, Defendant yelled and screamed at Plaintiff,
punched him in the eye, and scratched him about his head, face and neck. When
Plaintiff told Defendant to get out of his car, she refused, and when he began to drive
her home, she tried to jump out of the car. As Plaintiff tried to pull Defendant's door
shut to keep her from harming herself, she grabbed the steering wheel and jerked it
around, causing the car to veer off of the road, narrowly missing the guardrail. Plaintiff
stopped the car, and Defendant, who was wearing boots, kicked Plaintiff repeatedly
about his ribs and legs, grabbed the keys from the ignition, threw them out the window,
and jumped out of the car. Plaintiff asked a passerby to telephoned the police for help.
Before the police arrived, Defendant found Plaintiffs keys and threw them into the
Susquehanna River. Plaintiff sustained bruising about his eye; scratches about his neck,
face, and scalp, and soreness about his ribs, legs, and eye as a result of this incident.
On or about October 27, 1999, at Plaintiff's request, Harrisburg Attorney,
Gail F. Guida, sent a letter to Defendant advising her to cease her harassment of him and
her menacing behavior toward him. See attached Exhibit A, incorporated herein by
reference.
9. Defendant has committed the following prior acts of abuse against Plaintiff:
a) From approximately October 28, 1999, through November 6, 1999, in spite of
written notification from Plaintiffs attorney that Defendant have no further contact with
him, Defendant has telephoned Plaintiff repeatedly.
b) On orabout October 16, 1999, Defendant shoved Plaintiff, struck him about his
shoulder, and wielded a knife at Plaintiff in a menacing fashion. Fearing for his safety,
Plaintiff took the knife from Defendant, and left her residence. Defendant repeatedly
telephoned Plaintiff on his cellular telephone after he left her residence.
C) In or about early October 1999, Defendant struck Plaintiff in the face, scratched
his face, and broke his glasses. Plaintiff sustained scratches, bruising and soreness about
his face as a result of this incident.
d) In or about late September 1999, Defendant struck Plaintiff in the face,
scratched his face, and broke his glasses.
C) In or about January 1999, uninvited and unannounced, Defendant went to
Plaintiff's residence at approximately 2:00a.m., pounded on the door, rang the doorbell
repeatedly, and demanded that he let her in. When Plaintiff told her to leave, she
refused and the Camp Hill Police were called. The police arrived and escorted
Defendant from Plaintiffs property and advised her not to return.
f) Since approximately 1998, Defendant has abused Plaintiff in ways including,
but not limited to, shoving, grabbing, slapping. punching, kicking, scratching, pulling
his hair, and threatening to kill herself and to kill him. Defendant has telephoned
Plaintiff repeatedly at his residence, his place of employment, and on his cellular
telephone on a daily basis. In addition, Defendant has telephoned Plaintiffs wife, from
whom he has been separated since 1997, at her residence and her place of employment
for no legitimate reason, and despite being told by the wife not call her again.
10. 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:
Camp Hill Police Department - Plaintiff residence
Susquehanna Township Police Department - Plaintiff's place ofemployment
Plaintiffs school - wherever that may be
11. There is an immediate and present danger of further abuse from Defendant.
12. Plaintiff is asking the Court to order Defendant to stay away from his current residence
at 135 North 21't Street, Camp Hill, Cumberland County, Pennsylvania, which is owned in his name
only, and from any other residence he may. in the future, establish for himself.
13. Plaintiffhas sufferedthe following out-of-pocket Financial lossesasaresultoftheabuse
described above: see attached Exhibit 13, incorporated hereto by reference.
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 he may be found.
6. Prohibit Defendant from attempting to enter any temporary or permanent
residence of the Plaintiff.
C. Prohibit Defendant from having any contact with Plaintiff, either in person, by
telephone, or in writing, personally or through third persons, including, but not limited
to, any contact at Plaintiffs current residence, and any residence he may. in the future.
establish for himself, his school, and/or place of employment.
D. Prohibit Defendant from having any contact with Plaintiffs relatives and/or
Plaintiff's child/ren.
E. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as
it result ol'the abuse, to be determined at the hearing.
Order Defendant to pay the costs ofthis action, including filing and service fees.
G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s
funding sources toward the cost of litigation in this case.
H. Order the following additional relief, not listed above:
Defendant is enjoined from damaging or destroying any property owned by
Plaintiff.
Defendant is to refrain from harassing Plaintiffs relatives or his minor children.
Defendant is to enroll in, attend regularly, and successfully complete a 26-week
batterers intervention program concerning anger control and Defendant's
abusive conduct, including any substance abuse which may be involved.
Grant such other relief as the court deems appropriate.
J. Order the police orother law enforcement agency to serve Defendant with a copy
ofthis Petition, any Order issued, and the Order for Hearing. The Petitioner will inform
the designated authority of any addresses, other than Defendant's residence, where
Defendant can be served.
Respectfully submitted,
Date:
Joan Carey, Attorney for Plaintiff
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 arc 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:
Todd William Abicht. Plaintiff
a
a' -.- . .++.... _ ., Car r e;,.:emae?saamsr
RICHARD E. GUIDA, ESQ.
GAIL F. GUIDA, E5Q.
Nicole Costa
916 Green Street, Apt. I
Harrisburg, PA 17102
RE: Todd Abicht
Dear Ms. Costa:
GUIDA LAW OFFICES
503 NORTH FRONT STREET
HARRISBURG, PA 17101
October 27, 1999
PHONE: 717-236-6440
FAX: 717-236-9599
Mr. Abicht contacted this office with regard to your recent harassing and menacing
behavior. There are potential criminal sanctions for such actions. Also, there is a civil
action for protection from abuse.
Protection From Abuse Act provides that the Court may enter an Order restraining
the abuser from further acts of abuse under penalty of being placed in jail for a period of six
months and/or fined. Additionally, the Court can exclude the abuser from the home of the
victim for a period of up to one year. The Court also has the authority to enter any other
Order designed to bring about attorney's fees, eviction of the home, or child custody where
appropriate. Such Orders are entered after a hearing to determine whether or not there
have been acts of physical abuse, threats of physical abuse, or a substarkial -intet#'erence with
the victim's liberty.
At this time, we will not proceed with a formal action for protection from abuse.
However, I have advised my client to proceed if you continue to call him at his job, home;
and make threats. So, my client demands that you have no contact with him at his home,
work place, or any place he is present.
If you have any questions, you should seek legal counsel. I urge you to follow the
direction of this letter.
Si cerelyMGail F. Guuida
EXHIBIT A
TODD WILLIAM ABICHT,
Plaintiff
vs.
NICOLE E. COSTA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- CIVIL TERM
PROTECTION FROM ABUSE
OUT-OF-POCKET LOSSES
Plaintiff requests that Defendant reimburse his out-of-pocket losses, including but not limited
to the following:
Any and all expenses/costs incurred to repair and/or replace clothing/property damaged
and/or destroyed, including, but not limited to lost wages as a result of the incidents which occured
on or about October 26, 1999, early October 1999, and late September 1999.
(Estimates and/or receipts for arpenses/costs of damages wr/1 he available at the time of
hearing).
Repair and/or replacement of rear view mirror on Plaintiff s vehicle
Replacement and reprogramming of computerized keys to Plaintiffs vehicles
Repair or replacement of eyeglasses
EXHIBIT B
C' _,
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L._ .
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TODD WILLIAM ABICI IT, : IN TI-IE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-6776 CIVIL TERM
NICOLE E. COSTA,
Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this +tclay of January, 2000 this Cant certifies that the
attached complaint has been properly completed and verified, and there is probable cause
for this issuance of process. In consideration of the attached Commonwealth's Petition, a
WARRANT IS ISSUED FOR THE ARREST of the Defendant, NICOLE E. COSTA.
If the defendant is found during nornial Courthouse hours, the defendant is to be
brought immediately before the Court. If not found during Courthouse hours, the
defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of
Criminal Procedure.
Defendant has a right to be represented by an attorney. If the defendant cannot
afford an attorney, upon request one will be assigned to represent the defendant. The
assessment of costs to be detcnnined by tale Trial Judge subsequent to trial.
By the Court,
J. Wesley Oler J
I `
Jonathan R. Birbeck
Chief Deputy District Attorney
NICOLE E.
SCOSTA
r(vv-- ?Ii? \a
/? io /Od
TODD WILLIAM ABICI-IT
Plaintiff
V.
NICOLE E. COSTA,
Defendant
IN THE COURT OF COMMON PLEASOF
CUMBERLAND COUNTY, PENNSYLVANIA
99-6776 CIVIL
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County,
Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal
Contempt:
1. A Protection from Abuse Order was issued by the Court. A true and correct
copy of the Order is attached.
2. The defcndanl's violation of this Order is averred in the attached criminal
complaint.
3. The victim requests the filing of an Indirect Criminal Contempt Charge.
4. The District Attorney's Office approves the filing of this criminal complaint.
5. The Commonwealth is requesting a hearing on the charges of Indirect
Criminal Contempt pursuant to 23 Pa.C.S.A. § 6113.
6. The plaintiff and/or the defendant may seek modification of the Order based
on the filing of this petition as the Court deems appropriate following the trial
in addition to any other sentence. 23 Pa.C.S.A. § 6113.
WHEREFORE, the Commonwealth requests the defendant be commanded to
appear before the Court on the charge of Indirect Criminal Contempt.
Respectfully submitted,
o atliz .3'3ir Pe
CI 'ef Deputy District icy
COMMONWEALTH OF PENNSYLVANIA
CRIMINAL COMPLAINT AND
COUNTY OF CUMBERLAND
SUMMONS
PROBABLE CAUSE AFFIDAVIT
09102
. Drsl. Na.:
Mag COMMONWEALTH OF
DJ Name. Han. ROBERT V MANLOVE PENNSYLVANIA
Address: 1901 STATE ST DEFENDANT: VS.
CAMP HILL PA 17011
717 761 0583 NAVEand ADDRESS
TeieMdns. NICOLE E COSTA
916 GREEN STREET APT 1
HARRISBURG PA 17102 0000 00
AKA:
NICOLE COSTA
SOCOTTO
NI
NICOLE SOCOPPO Docket No.:
d
Fil
? $
. Mir
SOCOPPO :
e
Date
OTN:
RepiSIIalNn Number Annual Bucker Number OW Number SID Number
I
PA25410426 1 21609943
Ddmpwml Number I Compla,nWUmbersndmer RanKipams I p IN be UCRN l,
I 19991200119 CAM 12642
O
B
:
WF 36 D
07 14 1963 S.S.#: 583 85 6749
.
.
.
R.S.A.:
OR[ NO.: PA0210100
District Attorney's Office Approved -Disapproved because:
(The District Attorney may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to tiling.
Pa.R.Cf.P. 107.) When the affiant is not a police officer as defined in Rule 51(C) and the offense(s) charged include(s) a misdemeanor or felony which
does not involve a clear and present danger to any person or the community, the complaint shall be submitted to the attorney for the Commonwealth, who
shall approve or disapprove without unreasonable delay).
tissue Dale)
PO WARREN S CORNELIOUS BADGE 178
1, (Name dl Alliann
of CAMP HILL POLICE DEPT.
residing at 2199 WALNUT ST. CAMP HILL PA 17011
do hereby state: (check appropriate area)
1. I accuse the above named defendant, who lives at the address set forth above or,
_ I accuse an individual whose name is unknown to me but who is described as
_ I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I
have therefore designated as John Doe
CAMP HILL BOROUGH
with violatingq the penal laws of the Commonwealth of Pennsylvania at: P 1CP_Pd K& s „ „ron)
135 N 21ST ST CAMP HILL onorabout 11 05 1999 1745 HRS
in (County) CUMBERLAND
Participants were: (it there were participants place their names here, repeating name of above defendant)
2. The acts committed by the accused were:
(Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither the evidence nor the statute
allegedly violated need be cited, nor shall a citation of the statute allegedly violated, by itself, be sufficient. In a summary case, set forth a
citation of the specific section and subsection of the statute or ordinance allegedly violated).
** INDIRECT CRIMINAL CONTEMPT - CSA1990 CTS 1
THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER
NUMBER 99-6776
THE ORDER WAS SIGNED BY THE HONORABLE J. WESLEY OLER, JR.
THE ORDER WAS DATED NOVEMBER 22, 1999
rs?
J197wp
Copy: District Justice Defendant Rolurn of Service Police
Page 2
Defendant Name:NICOLE E COSTA
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
Docket Number:
INCIDENT 140: 19991200119 CAM
THE ACTOR VIOLATED THE ORDER BY CONTINUING TO CALL THE
PLAINTIFF AND HARASS HIM.
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 6113 A OF THE ACT OF 23
OR THE ORDINANCE OF
3. 1 ask that a warrant of arrest or a summons be issued and that the accused 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. 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information
and belief. I certify the complaint has been properly completed and verified, and that there is probable cause
for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes
Code (18 PA. C.S. 49004)) relating to unsworn falsification to authorities./
Date: 1,71,311Y/ url {?0ti
G?/?r?LLc c,v
(Signature of Complamant)
AND NOW, on this date, I certify the complaint has been properly completed and
verified, and that there is probable cause for issuance of process.
Mneolelol Dv mll
Vssumq Au:nouryf (SEAL)
CAMP HILL POLICE DEPT.
PROBABLE CAUSE AFFIDAVIT
INCIDENT NUMBER: 19991200119 CAM DATE: 11/05/1999 OTN:
PG 1
CHARGE(S):
23 6113 A INDIRECT CRIMINAL CONTEMPT - CSA1990 #CTI1
COMMONWEALTH VS NICOLE E COSTA
INFORMATION:
ON WEDNESDAY, DECEMBER 15, 1999, AT OR ABOUT 1545 HOURS, THIS
OFFICER DID SPEAK WITH TODD W. ABICHT WHO REPORTED THAT HE
HAD RECEIVED NUMEROUS TELEPHONE CALLS FROM HIS EX-GIRLFRIEND,
NICOLE COSTA, WHOM HE HAD A PROTECTION FROM ABUSE ORDER
AGAINST FROM NOVEMBER 5, 1999 UNTIL DECEMBER 11, 1999. THE
SAID PROTECTION FROM ABUSE ORDER PROHIBITED MS. COSTA FROM
HAVING ANY CONTACT WITH MR. ABICHT, THUS VIOLATING THE
PROTECTION FROM ABUSE ORDER.
SOME OF THE SAID CALLS RECEIVED BY MR. ABICHT, MS. COSTA DID
SPEAK TO THE VICTIM AND SOME OF THE CALLS WERE MADE FROM
KNOWN HANGOUTS OF MS. COSTA AS WELL AS FROM HER PLACE OF
EMPLOYMENT.
I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED
TO ANSWER THE CHARGE(S) I HAVE MADE IN THE ABOVE AFFIDAVIT.
I SWEAR TO, OR AFFIRM,
AND BELIEF, AND SIGN IT ON
BEFORE
WITHIN AFFIDAVIT UPON MY KNOWLEDGE,
r"mBEP 3? , 19y? ,
WHOSE OFF;.CE IS THAT OF
INFORMATION
SIGNATURE & SEAL OF DISTRICT JUSTICE SIGNATURE OF AFFIANT
L(?n?/1GN' ..CCU%/- CO/?NcL/O?$'
PRINT
2 COPIES - DISTRICT JUSTICE 1 COPY - BUREAU OF POLICE
TODD WILLIAM ABICFrr, : IN TI 1E COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
NICOLE E. COSTA,
vs.
Defendant : PROTECTION FROM ABUSE
TEMPORARY PROTECTION
FROM ABUSE ORDER
NO. 99- C. rrG CIVIL TERM
Defendant's Name: NICOLE E. COSTA
Defendant's Date of Birth: 07/14/64
Defendant's Social Security Number: Unknown to Plaintiff
Name of Protected Person: TODD WILLIAM ABICHT
AND NOW, this L day of November, 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.
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 Plaintiffs current residence, and any
other residence he may, in the future, establish for himself, his school, and/or place of
employment. Defendant is specifically ordered to stay away from the following locations for
the duration of this Order:
Plaintiffs residence: 135 North 21" Street, Camp Hill, Cumberland County,
Pennsylvania
Plaintiffs school: wherever that may be
Plaintiffs place of employment: Omni Realty, 160 South Progress Avenue,
Harrisburg, Dauphin County, Pennsylvania
D 4. Defendant shall not contact Plaintiff by telephone or by :my 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/rcn shall be
limited to the following:
The local law enforcement agency in thejurisdiction where the child/rcn 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.
0 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office
ora designated local law enforcement agency for the delivery to the Sheriffs Office: D rdit
is prohibited from possessing, transferring or acquiring any other weapons for the duration of this
Order.
D 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.
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 and/or minor child/rcn.
Defendant is enjoined from damaging or destroying any property owned by
Plaintiff.
Defendant is to refrain from harassing Plaintiffs relatives or his minor
children.
D S. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Plaintiffs residence: Camp Hill Police Department
Plaintiff's place of employment: Susquehanna Township Police Department
PlaintifFs school: wherever that may be
9. ED THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER.
13 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. §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 ordergranted 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 Ordershall be enforced by the police who havejurisdiction over the plaintiffs 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.
L
which office shall maintain possession of the weapons until 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.
4HE URT,
Judge
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
br 11
TODD WILLIAM ABICI-IT,
Plaintiff
NICOLE E. COSTA,
vs.
Defendant
IN THE COURT OP COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 4-216 CIVIL TERM
PROTECTION FROM ABUSE
PETITION FOR
PROTECTION FROM ABUSE
I. Plaintiff is Todd William Abicht.
2. The name of the person who seeks protection from abuse is Todd William Abicht.
3. Plaintiffs address is 135 North 21"Street, Camp Flill, Cumberland County, Pennsylvania
17011.
4. Defendant's address is 916 Green Street, Apt. 1, Harrisburg, Dauphin County,
Pennsylvania 17102.
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is 07/14/64.
Defendant's place of employment is Harrisburg Area Community College, I FIACC
Drive, Harrisburg, Dauphin County, Pennsylvania.
5. Defendant is Plaintiffs former intimate partner.
6. Plaintiff and Defendant have been involved in the following court action:
Case name Case No. Date tiled Court
Costa v. Abicht 4519S 1999 10/28/99 DauphinCounty Court of
Common Pleas
7. Defendant has been involved in the following criminal court action:
Defendant was convicted of a DUI in Dauphin County.
Defendant is currently on probation in Dauphin County and her Probation Officer is
Angela Moody.
f;. 'file facts of the most recent incident of abuse are as follows:
On or abort October 26, 1999, Defendant yelled and screamed at Plaintiff:
punched him in the eye, and scratched him about his head, face and neck. When
Plaintiff told Defendant to get out of his car, she refused, and when he began to drive
her home, she tried to jump out of the car. As Plaintiff tried to pull Defendant's door
shut to keep her from hamming herself, she grabbed the steering wheel and jerked it
around, causing the car to veer offof the road, narrowly missing the guard rail. Plaintiff
stopped the car, and Defendant, who was wearing boots, kicked Plaintiff repeatedly
about his ribs and legs, grabbed the keys from the ignition, threw them out the window,
and jumped out of the car. Plaintiff asked a passerby to telephoned the police for help.
Before the police arrived, Defendant found Plaintiff's keys and threw them into the
Susquehanna River. Plaintiff sustained bruising about his eye; scratches about his neck,
face, and scalp, and soreness about his ribs, legs, and eye as a result of this incident.
On or about October 27, 1999, at Plaintiffs request, Harrisburg Attorney,
Gail F. Guida, sent a letter to Defendant advising her to cease her harassment of him and
her menacing behavior toward him. See attached Exhibit A, incorporated herein by
reference.
9. Defendant has committed the following prior acts of abuse against Plaintiff.
a) From approximately October 28, 1999, through November 6, 1999, in spite of
written notification from Plaintiffs attorney that Defendant have no further contact with
him, Defendant has telephoned Plaintiff repeatedly.
b) On or about October 16, 1999, Defendant shoved Plaintiff, struck him about his
shoulder, and wielded a knife at Plaintiff in a menacing fashion. Fearing for his safety,
Plaintiff took the knife from Defendant, and left her residence. Defendant repeatedly
telephoned Plaintiff on his cellular telephone after he left her residence.
C) In or about early October 1999, Defendant struck Plaintiff in the face, scratched
his face. and broke his glasses. Plaintift'sustained scratches, bruising and soreness about
his face as a result of this incident.
d) In or about late September 1999, Defendant struck Plaintiff in the face,
scratched his face, and broke his glasses.
C) In or about January 1999, uninvited and unannounced, Defendant went to
Plaintiff's residence at approximately 2:00 a.m., pounded on the door, rang the doorbell
repeatedly, and demanded that he let her in. When Plaintiff told her to leave, she
refused and the Camp }till Police were called. The police arrived and escorted
Defendant from Plaintiffs property and advised her not to return.
0 Since approximately 1998, Defendant has abused Plaintiff in ways including,
but not limited to, shoving, grabbing, slapping, punching, kicking, scratching, pulling
his hair, and threatening to kill herself and to kill him. Defendant has telephoned
Plaintiff repeatedly at his residence, his place of employment, and on his cellular
telephone on a daily basis. In addition, Defendant has telephoned Plaintiffs wife, from
whom he has been separated since 1997, at her residence and her place of employment
for no legitimate reason, and despite being told by the wife not call her again.
10. 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:
Camp I fill Police Department - Plaintiff residence
Susquehanna Township Police Department - Plaintiffs place of employment
Plaintiffs school - wherever that may be
11. There is an immediate and present danger of further abuse from Defendant.
12. Plaintiff is asking the Court to order Defendant to stay away from his current residence
at 135 North 21" Street, Camp Hill. Cumberland County, Pennsylvania, which is owned in his name
only. and from any other residence he may, in the future, establish for himself.
13. Plaintiffhas suffered the following out-of-pocket financial losses as a result oftheabuse
described above: sec attached Exhibit B, incorporated hereto by reference.
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 he may be found.
B. Prohibit Defendant from attempting to enter any temporary or pemtanent
residence of the Plaintiff.
C. Prohibit Defendant from having any contact with Plaintiff, either in person, by
telephone, or in writing, personally or through third persons, including, but not limited
to, any contact at Plaintiffs current residence, and any residence he may, in the future.
establish for himself, his school, and/or place of employment.
D. Prohibit Defendant from having any contact with Plaintiff's relatives and/or
Plaintiff's child/ren.
E. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as
it result of the abuse, to be determined at the hearing.
F. Order Defendant to pay the costs of this action, including filing and service fees.
G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s
funding sources toward the cost of litigation in this case.
H. Order the following additional relief, not listed above:
Defendant is enjoined from damaging or destroying any property owned by
Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives or his minor children.
Defendant is to enroll in, attend regularly, and successfully complete a 26-week
batterer's intervention program concerning anger control and Defendant's
abusive conduct, including any substance abuse which may be involved.
1. Grant such other relief as the court deems appropriate.
J. Order the police or other law enforcement agency to serve Defendant with a copy
of this Petition, any Order issued, and the Order for I-fearing. The Petitioner will inform
the designated authority of any addresses, other than Defendant's residence, where
Defendant can be served.
Respectfully submitted,
Date:
Joan Carey, Attorney Plaintiff
LEGAL SERVICES, INC.
S 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 unsworn falsification to authorities.
Dated:
j Todd William Abicht, Plaintiff
GUIDA LAW OFFICES
RICHARD E. GUIDA, ESQ.
GAIL F. GUIDA, ESQ.
Nicole Costa
916 Green Street, Apt. I
Harrisburg, PA 17102
RE: Todd Abkht
Dear Ms. Costa:
503 NORTH FRONT STREET
HARRISBURG, PA 17101
October 27, 1999
PHONE: 717-236.6440
FAX: 717-236-9599
Mr. Abicht contacted this office with regard to your recent harassing and menacing
behavior. There are potential criminal sanctions for such actions. Also, there is a civil
action for protection from abuse.
Protection From Abuse Act provides that the Court may enter an Order restraining
the abuser from further acts of abuse under penalty of being placed in jail for a period of six
months and/or fined. Additionally, the Court can exclude the abuser from the home of the
victim for a period of up to one year. The Court also has the authority to enter any other
Order designed to bring about attorney's fees, eviction of the home, or child custody where
appropriate, Such Orders are entered after a hearing to determine whether or.not there
have been acts of physical abuse, threats of physical abuse, or a substaef al'intex&eiice' with
the victim's liberty. .
At this time, we will not proceed with a formal action for protection from abuse.
However, I have advised my client to proceed if you continue to call him at his job, home;
and make threats. So, my client demands that you have no contact with him at his home,
work place, or any place he is present. ;
If you have any questions, you should seek legal counsel. I urge you to follow the
direction of this letter.
Si Aln?
Gail F. Guida
EXHIBIT A
TODD WILLIAM ABICHT,
Plaintiff
VS.
NICOLE E. COSTA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- CIVIL TERM
PROTECTION FROM ABUSE
OUT-OF-POCKET LOSSES
Plaintiff requests that Defendant reimburse his out-of-pocket losses, including but not limited
to the following:
Any and all expenses/costs incurred to repair and/or replace clothing/property damaged
and/or destroyed, including, but not limited to lost wages as a result of the incidents which occured
on or about October 26, 1999, early October 1999, and late September 1999.
(Estimales and/or receipts for expenses/costs of damages will he available at the time of
hearing.
Repair and/or replacement of rear view mirror on Plaintiffs vehicle
Replacement and reprogramming of computerized keys to Plaintiff's vehicles
Repair or replacement of eyeglasses
EXHIBIT B