HomeMy WebLinkAbout99-0702116
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NOV 1 91999
LAURIiTl1i TRI(:K, IN 1111' COURT Or COMMON PLEAS
Plaintiff CUMBERLANI)COUNY,
PENNSYLVANIA
vs.
No. 99 - ? Civtt. TERM
VINCENT TRICIE,
Defendant PROTIECTION rROm ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following papers, you must appear at the hearing scheduled herein. If you fail to do
so, the case may proceed against you and a FINAL Order may be entered against you
granting the relief requested in the Petition. In particular, you may be evicted from your
residence and lose other important rights.
A hearing on the matter is scheduled for the day of at
?S a..m., in Courtroom at the Cumberland County Courthouse, Carlisle,
Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court
after notice and hearing. If you disobey this Order, the police may arrest you. Violation of
this Order may subject you to a charge of indirect criminal contempt, which is punishable
by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. § 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
Lawyer Referral Service
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
C
51.I?N 1 rr.
\I ?r l y"'VIA
LAURETTE TRICE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
No. 99 -
VINCENTTRICE, ,
Defendant PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Vincent Trice
Defendant's Date of Birth: 4-4-61.
Defendant's Social Security Number: 204-50-1725.
Names of All Protected Persons, including Plaintiff and minor children:
Laurette Trice
Joselyne Thurayyah Trice //
AND NOW, this 19 Kday of !u° "O -Lcr upon consideration of
the attached Petition for Protection from Abuse, the court hereby enters the following
Temporary Order:
[X] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any
place where they might be found.
[X] 2. Defendant is evicted and excluded from the residence at 122 Willow Mill Park
Road, Mechanicsburg, PA 17055 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.
[X] 3. Except for such contact with the minor child/ren as may be permitted under
Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with
Plaintiff at any location, including but not limited to any contact at Plaintiff's school,
business, or place of employment. Defendant is specifically ordered to stay away from the
following locations for the duration of this Order:
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?a» seng Suns IC-arlisIT,-PYt
Plaintiff's mother's home, 18-20 E. Main St., New Kingstown, PA
Plaintiff's place of employment, Health South
Plaintiffs college, Messiah College
[Xj 4. Except for such contact with the minor children as may be permitted under
Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any
other means, including through third persons.
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Until the final hearing, all contact between Defendant and the child/ren shall be limited to
the following:
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.rrtrwuuow ur one -
The local law enforcement agency in the jurisdiction where the children are located shall
ensure that the child/ren are placed in the care and control of the Plaintiff in accordance
with the terms of this Order.
[ 16. Defendant shall immediately relinquish the following weapons to the Sheriffs
Office or a designated local law enforcement agency for delivery to the Sheriff's office:
------------
Defendant is prohibited from possessing, transferring or acquiring any other weapons for
the duration of this order.
[XI 8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter: [insert name of agency]
[ ] 7. The following additional relief is granted:
[X] 9. THIS ORDER SUPERSEDES [ ] ANY PRIOR PFA ORDER AND [XI ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
10. THIS ORDER APPLIES IMMEDIATELY TO DEPENDANT AND SIIALL
REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURI'
AFTER NOTICE AND 1-IEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for indirect
criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six
months injail. 23 Pa.C.S. § 6114. Consent of the Plaintiff to Defendant's return to the
residence shall not invalidate this Order, which can only be changed or modified through
the filing of appropriate court papers for that purpose, 23 Pa.C.S. § 6113. Defendant is
further notified that violation of this Order may subject 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.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiffs
residence OR any location where a violation of this order occurs OR where the defendant
may be located. If defendant violates Paragraphs I through 6 of this Order, defendant may
be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this
Order may be made without warrant, based solely on probable cause, whether or not the
violation is committed in the presence 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 weapons are evidence of a crime, in which case, they shall
remain with the law enforcement agency whose officer made the arrest.
BY TI-IE CO R
Judg
Date: _ ?J •?
LAURETTE TRICE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
No. 99 - %A?J CIVIL TERM
VINCENT TRICE, ,
Defendant PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE Plaintiffs name is: Laurette Trice
2. I am filing this Petition on behalf of. [X ] Myself and/or [ ] Another Person.
If you checked "myself," please answer all questions referring to yourself as
"Plaintiff." If you checked "another person," please answer all questions
referring to that person as the "Plaintiff, and provide your address here, unless
confidential:
If you checked "Another Person," indicate your relationship with Plaintiff:
[ ] parent of minor Plaintiff(s)
[ ] applicant for appointment as guardian ad litem of minor Plaintiff(s)
[ ] adult household member with minor Plaintiff(s)
[ ] court appointed guardian of incompetent Plaintiff(s)
3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek
protection from abuse:
Laurette Trice
Joselyne Thurayyah Trice
4. [ ] Plaintiffs address is confidential or
[X] Plaintiffs address is: 122 Willow Mill Park Road
Mechanicsburg, PA 17055
5. Defendant is believed to live at the following address: Unknown to Plaintiff.
Defendant's Social Security Number (if known) is: 204-50-1725
Defendant's date of birth is: 4-4-61
Defendant's place of employment is: RichFood, Inc.
3900 North Industrial Road
Harrisburg, PA 17011
[ ] Check here if Defendant is 17 years old or younger.
6. Indicate the relationship between Plaintiff and Defendant.
[ X ] Spouse [ ] Current or former [ ] Other relationship by blood
sexual/intimate partner or marriage:
[ ] Ex-spouse [ ] Parent/Child
(] Persons who live or have [ ] Parents of the same [ ] Brother/Sister
lived like spouses children
7. Have Plaintiff and Defendant been involved in any of the following court actions?
[ ] Divorce [ X ] Custody [ ] Support [X ] Protection from Abuse
If you checked any of the above, briefly indicate when and where the case was filed and
the court number, if known:
CU,;todv - Cumberland Cnnntv_CCP - November 15 1999 - Civil No 99-
PFA - Cumberland County - August 1998
8. Has the Defendant been involved in any criminal court action? None known to
Plaintiff.
If you answered Yes, is the Defendant currently on probation? Unknown to
Plaintiff.
9. Plaintiff and Defendant are the parents of the following minor child/ren:
Name(s) Age(s) who reside at (list address unless confidential)
Joselyne 5 With Plaintiff, as set forth above.
Thurayyah
Trice
10. If Plaintiff and Defendant are parents of any minor child/ren together is there an
existing court Order regarding their custody? No. Custody Petition is pending at docket
No. 99- , Civil Term, Cumberland County Court of Common Pleas.
If you answered Yes, describe the terms of the Order (e.g., primary, shared, legal and/or
physical custody):
If you answered Yes, in what county and state was the order issued?
If you are now seeking an Order of child custody as part of this petition, list the following
information:
(a) Where has each child resided during the past five years?
Child's name Person(s) child lived with Address, unless confidential When
(b) List any other persons who are known to have or claim a right to custody of each child
listed above.
Name Address Basis of Claim
It. The following other minor children presently live with Plaintiff:
Name(s) Age(s) Plaintiffs relationship to child/ren
12. The facts of the most recent incident of abuse are as follows:
Approximate Date: Thurs., November 11, 1999
Approximate Time: 10:00 PM
Place: Plaintiff's home
Describe in detail what happened, including any physical or sexual abuse, threats, injury,
incidents of stalking, medical treatment sought, and/or calls to law enforcement (attach
additional sheets of paper if necessary):
machine. Defendant stated he would see the child "sooner than mommy thinks".
Plaintiff understood this remark to mean Defendant would kidnap the child. This caused
Plaintiff severe emotional distress.
13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor
child/ren, describe these prior incidents, including any threats, injuries, or incidents of
stalking, and indicate approximately when such acts of abuse occurred (attach additional
sheets of paper if necessary):
told her he was going to come to her home at 5:00 PM OR ELSE he would smash all of
the windows in her home. Plaintiff understood Defendant's remarks to threaten physical
abuse. She reported this incident to the Silver Spring Twp. Police Dept.
nctnher 7-1 999 n Pendant did ontM t Plaintiffat her home
from her driveway with his Honda Passport truck. Defendant demanded access to c
Plaintiff' home, and physically pushed her toward the home. Defendant continued to butt
the Plaintiff with his chest. Plaintiff reported this incident to the Police, whereupon
Defendant pounded on Plaintiff's front door. The episode lasted approximately 15
minutes.
ntemh30 1999 Defendant did contact Plaintiff by t Ienhone. and threatened to 'kill,
Plaintiffs parents and to kill Plaintiff.
August IS or 22, 1999. Defendant returned home at Midnight after having abandoned the
marital residence for 4 days, reeking of alcohol, stumbling around, and physically pulled
the Plaintiff from her bed. Defendant repeatedly struck Plaintiff about her head and neck
with his fists and with a telephone receiver. Defendant threatened to shoot the Plaintiff
with his gun if she left him. Defendant punched and kicked Plaintiff. Defendant placed
his hands over Plaintiffs hands, mouth and throat. Plaintiff did not report this incident to
the Police for feat-of further abuse and retaliation.
The next day, Plaintiff changed the locks on her door. Plaintiff did not apply for a PFA
then based on her prior experience with a PFA that "didn't work".
14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the
minor child/ren:
-landnrm (cily r handgun nwned Fhv Rart Stt rljgy`d nrnviri d to th 9efemmnt)
Telephone-receiver
Two - Military-ctv1P knife and fishing knife
15. Identify the police department or law enforcement agency in the area in which
Plaintiff lives that should be provided with a copy of the protection order:
Silver Spring Township, Cumberland County, Penns
16. There is an immediate and present danger of further abuse from the Defendant.
CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND
PROVIDE THE REQUESTED INFORMATION
[X ] Plaintiff is asking the court to eviet-and exclude the Defendant from the following
residence:
172 Willmv Trill Park Rnnd
Mechanicsburg, PA 17055
[ X ] owned by (list owners, if known): Plaintiff
[ ] rented by (list all names, if known):
[X ] Defendant owes a duty of support to Plaintiff and the minor child/ren,
[ X ] Plaintiff has suffered out-of-pocket financial losses as a result of the abuse
described above. Those losses are:
• T nct J ,aaPC a.,nal to hvn ePkc ??y Inct in A ngnct t 999 (? T f)9n 4n1
• Cost to install door locks. ($230.00)
• Cost to install alarm system. ($96.00)
• Cost of vehicle insurance paid on vehicle that Defendant took. ($1392.00)
FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER
A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD
DO THE FOLLOWING (CHECK ALL FORMS OF RELIEF REQUESTED):
[ X ] A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff
and/or minor child/ren in any place where Plaintiff may be found.
[ X ] B. £wiWexclude Defendant from Plaintiff's residence and prohibit Defendant from
attempting to enter any temporary or permanent residence of the Plaintiff.
[ ] C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable
housing.
[X ] D. Award Plaintiff temporary custody of the minor child/ren and place the following
restrictions on contact between Defendant and child/ren:
Snnervised Visitation Only at reasonable tim c as agreed tp by the partiec
[X] E. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren,
either in person, by telephone, or in writing, personally or through third persons,
including but not limited to any contact at Plaintiff's school, business, or place of
employment, except as the court may find necessary with respect to partial custody and/or
visitation with the minor child/ren.
[ X ] F. Prohibit Defendant from having any contact with Plaintiffs relatives and
Plaintiff's children listed in this Petition, except as the court may find necessary with
respect to partial custody and/or visitation with the minor children.
[X ] G. Order Defendant to temporarily turn over weapons to the Sheriff of this County
and prohibit Defendant from transferring, acquiring or possessing any such weapons for
the duration of the Order.
[X ] H. Order Defendant to pay temporary support for Plaintiff and the minor child/ren,
including medical support and [ ] payment of the rent or mortgage on the residence.
[X ] I. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the
result of the abuse, to be determined at the hearing.
[X ] J. Order Defendant to pay the costs of this action, including filing and service fees.
[X ] K. Order Defendant to pay Plaintiffs reasonable attorney's fees.
[ ] L. Order the following additional relief, not listed above:
[X ] M. Grant such other relief as the court deems appropriate.
[X ] N. Order the police or other law enforcement agency to serve the Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will
J
[X ] M. Grant such other relief as the court deems appropriate.
[X ] N. Order the police or other law enforcement agency to serve the Defendant with a
copy of this 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.
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.
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LAURETTE CASTAGNOLA TRICE,
Plaintiff
vs.
VINCENT TRICE,
Defendant
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6903 and
: NO. 99-7021-CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
PRIOR JUDGE: J. Wesley oler, Jr.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME; DATE OF BIRTH CURRENTLY IN CUSTODY OF
Joselyne Thurayyah Trice June 15, 1994 Mother
2. A Conciliation Conference was held on January 5, 2000 with the
following individuals in attendance: The Mother, Laurette Trice, with her
counsel, Richard C. Gaffney, Esquire. The Father did not attend the
Conference or contact the Conciliator.
3. This Court previously entered an Order dated November 29, 1999 in
Protection From Abuse proceedings initiated by the Mother at Docket No.
99-7021. The order provides, among other things, for the parties to share
legal custody and the Mother to have primary physical custody of the Child.
Under the Order, the Father was granted partial physical custody one day
per week from 3:30 p.m. until 7:30 p.m., with the Father to provide one
week advance notice to the Mother.
4. The Mother stated at the Conference that since entry of the Order
on November 29, the Father has exercised his right to partial custody on
only two occasions for a total of two and one-half hours. Other set
periods of partial custody were canceled by the Father.
5. It was determined at the Conference that the custody provisions of
the November 29, 1999 Order are acceptable to the Mother and therefore it
is not necessary to enter an additional order at this time.
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6. It should be noted that the Mother's Complaint for Custody was
filed under Docket No. 99-6903, and the Custody Order currently in effect
is docketed to 99-7021. The Mother's counsel indicated at the Conference
that he would take the necessary steps to address this situation, possibly
consolidating the two actions.
b (LA."
Date Dawn S. Sunda}
Custody Concil
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9.00
R r?s
cc: Richard C. Gaffney, Esquire - Counsel for Mother
Vincent Trice, Pro Se
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LAURETTE TRICE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
VINCENT TRICE,
Defendant No. 99-7021 CIVIL TERM
j ORDER OF COURT
a ?- AND NOW, this 29th day of November, 1999,
upon consideration of the petition for protection from
abuse, and pursuant to an agreement reached in open court
is
between the Plaintiff and her counsel, Richard Gaffney,
Esquire, and Defendant, pro se, it is ordered and directed
as follows:
1. The Plaintiff, Laurette Trice, agrees to
withdraw her petition for protection from abuse at No.
99-7021 without prejudice.
2. The Defendant agrees to withdraw his
protection from abuse petition filed in Dauphin County
Court of Common Pleas without prejudice.
3. Mother shall have primary physical
custody of the parties, daughter, Joselyne Thurayyah Trice.
4. The parties will share legal custody of
their daughter.
5. Father will have periods of partial
physical custody as agreed to between mother and father as
follows: Father will provide mother with one week advance
notice of the day on which father will exercise his period
of partial custody, said period of partial custody will
commence at 3:30 p.m. and end at 7:30 p.m. Father will
advise mother one week in advance as to the place at which
the custody transfer will occur. The mother will provide
transportation to and from the point of custody.
6. There shall be reasonable notice given
to a party if the scheduled period of visitation needs to
be cancelled or modified, and a make-up period shall be
offered within a reasonable time.
7. Mother and father agree that each shall
notify the other immediately of medical emergencies which
arise while their daughter is in that parent's care.
8. Neither party shall, while having a
period of custody or partial custody with daughter, consume
any alcoholic beverages or non-prescription drugs.
9. Neither party shall do anything which
may estrange daughter from the other parent or injure the
opinion of daughter as to the other parent or which may
hamper the free and natural development of daughter's love
or'respect for the other parent.
10. Mother and father intend that this
stipulation will be adopted by and entered as an order of
Court effective as of the date of this stipulation.
The partial custody periods provided for
herein shall be once per week, and the custody provisions
. .,
hereof shall continue until the custody conciliation
conference scheduled in this matter in January 2000 and
further Order of Court.
By the Court,
-L /,/,(, '/'f'?Z /
J Wesley 0 e Jr.,
Richard Gaffney, Esquire
For the Plaintiff
Vincent Trice, Pro Se
P.O. Box 5155
Harrisburg, PA 17108
Defendant
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Fax (717) 975-0411
This is an original invoice N2 063405'
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SIGNATURE AB E AUTHORIZES SECURITY/EMERGENCY SERVICE: I hereby comity YOU
that I have the authority to order the lock, key or security work designated above. Further.
I agree to absolve the locksmith who bears this authorization from any and all claims i
arising from the performance of such work.
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IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF
CUMBERLAND COUNTY, PENNSYLVANIA
LAURETTE CASTAGNOLA TRICE,
Plaintiff
V.
CIVIL ACTION-LAW
NO. 99-6903 CIVIL TERM
IN CUSTODY
VINCENT TRICE,
Defendant
NO. 99-7021 CIVIL TERM
PROTECTION FROM ABUSE
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon the
persons and in the manner indicated below, which service satisfies the requirement of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United State Mail,
First Class Postage Prepaid addressed as follows:
Jim Jones, Esquire
7 Irvine Row
Carlisle, PA 17013
Attn: Dirk Berry, Esquire
Dawn S. Sunday, Esquire
Conciliator
39 W_ Main Street
Mechanicsburg, PA 17055
By: ?cSZI? ?A? LQ"
Richard C. Gaffney, squi
PA I.D. No. 63313
101 Front Street
P. O. Box 627
Boiling Springs, PA 17007-0627
Telephone: (717) 249-2525
SHERIFF' S RETURN - OUT OF COUNTY
CASE NO: 1999-07021 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TRICE LAURETTE
VS.
TRICE VINCENT
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: TRICE VINCENT
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania.
to serve the within NOT & PETITION, ORDER, PFA
On December 7th, 1999 , this office was in receipt of
the attached return from DAUPHIN County, Pennsylvania.
Sheriff's Costs: So answ s:
Docketing 18.00
Out of County 9.00
Surcharge 8.00 R! omas ine, S eri
Dep. Dauphin Co 25.50
0 12/07/1999
Sworn and subscribed to before me
this /4`% day of
ov) A.D.
( ('22' ti?
II UL I ono ary
A
Office of E "S4P.ri ff
Man Jan: Sutder
heal Pst:ne Ik?un'
William T'. Tulh
Sulicilnr
Dauphin County
Harrisburg.Pennsh•amn 17101
p1i:(717)255-2060 Inx:(717)255.2589
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania TRICE LAURETTE
County of Dauphin TRICE VINCENT
Sheriff's Return
vs
Ralph G McAllister
C 11icl' U:putc
Michael W. Rinehart
AsSiSLlnl Chid'Ikpul}'
No. 2931-T - - -1999
OTHER COUNTY NO. 99-7021
AND NOW: November 23, 1999 at 4:25PM served the within
PROTECTION FROM ABUSE
TRICE VINCENT
upon
by personally handing
to DEFT 1 true attested copy(ies)
of the original PROTECTION FROM ABUSE and making known
to him/her the contents thereof at POE: RICH FOODS
3900 N INDUSTRIAL RD
HARRISBURG, PA 17108-0000
STATED HE HAS NO WEAPONS.
Sworn and subscribed to
before me this 1ST day f DECEMBER, 1999
PROTHONOTARY
So Answers,
kv;
Sheriff of Da 'n Co ,
By
De y Sheriff
Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
ET
In The Court of Common Pleas of Cumberland County, Pennsylvania
Laurette Trice
VS.
Vincent Trice
No. 99_7021
Now, 11 / 19 / 9 9 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
19_, at o'clock M. served the
upon
at
by handing to
a
and made known to
So answers,
Sworn and subscribed before
me this _ day of , 19_
copy of the original
Sheriff of
COSTS
SERVICE _
MILEAGE
AFFIDAVIT
the contents thereof.
County, PA
$
FEB 420W
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IN THE COURT' OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF
CUMBERLAND COUNTY, PENNSYLVANIA
LAURETTE CASTAGNOLA TRICE, .
Plaintiff CIVIL ACTION-LAW
V.
VINCENT TRICE,
NO. 99-6903 CIVIL TERM
IN CUSTODY
NO. 99-7021 CIVIL TERM
PROTECTION FROM ABUSE
Defendant
ORDER OF COURT
AND NOW, this ?j c C day of M U C ? , 2000, upon consideration
of the Plaintiff's Motion for Consolidation of Action and after a review of the record, it is hereby
ordered that the actions in Docket No. 99-6903 and Docket No. 99-7021 are hereby and shall be
consolidated into one action in Docket No. 99-6903.
By the Court,
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IN THE COURT OF COMMON PLEAS OF THE 97° JUDICIAL DISTRICT OF
CUMBERLAND COUNTY, PENNSYLVANIA
LAURETTE CASTAGNOLA TRICE,
Plaintiff
V.
CIVIL ACTION-LAW
NO. 99-6903 CIVIL TERM
IN CUSTODY
NO. 99-7021 CIVIL TERM
VINCENT TRICE, PROTECTION FROM ABUSE
Defendant
MOTION FOR CONSOLIDATION OF ACTION
AND NOW, comes the Plaintiff, Laurette Castagnola Trice, by and through her counsel,
Richard C. Gaffney, Esquire, who moves this Honorable Court pursuant to PA R. Civ. P. Rule
213 (a) and Rule 1020 (d)(1) to consolidate the action in the above captioned dockets, because
the two docket numbers assigned by the Prothonotary refer to the exact same parties, the same
transaction or occurrence, and the same questions of law and fact. In support thereof, counsel for
the Plaintiff respectfully represents that the facts of record show the following:
1. On November 19, 1999 a Complaint in Custody was filed by the Plaintiff in Docket No.
99-6903 Civil Term.
2. On November 19, 1999 a Petition for Protection from Abuse was filed by the Plaintiff in
Docket No. 99-7021.
3. A Hearing on the Protection from Abuse Petition was held on November 29, 1999, the
Honorable J. Wesley Oler, Jr., Judge, presiding.
4. This Honorable Court entered an Order dated November 29, 1999 in the Protection from
Abuse proceedings that provided, among other things, for the parties to share legal
custody and for the mother to have primary physical custody of the child. Under the
Order, the father was granted partial physical custody one day per week from 3:30 PM
until 7:30 PM, with the father to provide one week advance notice to the mother.
5. The November 29, 1999 order also provided that both parties would withdraw any
Protection from Abuse petitions that either party had pending against the other party.
6. A Custody Conciliation Conference was held on January 5, 2000, in Docket No. 99-6903.
The mother, attended with her counsel. The father did not attend the conference or
contact the Conciliator.
On January 11, 2000, Custody Conciliator Dawn S. Sunday, prepared her Custody
Conciliation Summary Report. It was determined by Conciliator Sunday that the custody
provisions of the November 29, 1999 Order in Docket No. 99-7021 are acceptable to the
mother and Conciliator Sunday concluded that it is not necessary to enter an additional
Order at this time. The Custody Conciliation Summary Report was entered on the Docket
January 18, 2000.
In her January 11, 2000 Custody Conciliation Summary Report, Conciliator Sunday noted
that the mother's complaint for custody was filed under Docket No. 99-6903 and that the
Custody Order currently in effect is docketed to No. 99-7021. Plaintiffs counsel
indicated at the conference that he would take the necessary steps to address this situation
by consolidating these two actions.
9. The parties in Docket No. 99-6903 and No. 99-7021 are identical.
10. The questions of law and questions of fact in both Dockets are identical. The transactions
or occurrences which gave rise to both the Custody Complaint and the Petition From
Abuse are identical.
11. Pennsylvania Rule of Civil Procedure No. 213 (a) provides that: "in actions pending in a
county which involve a common question of law or fact or which arise from the same
transaction or occurrence, the court on its own motion or on the motion of any party may
order a joint hearing or trial of any matter in issue in the action, may order the actions
consolidated, and may make orders that avoid unnecessary costs or delays."
12. Pennsylvania Rule of Civil Procedure No. 1020 (d) (1) provides that: "if a transaction or
occurrence gives rise to more than one cause of action against the same person, including
causes of action in the alternative, they shall be joined in separate counts in the action
against any such person."
13. Pursuant to Local Rules of Civil Procedure, counsel for the Plaintiff states that the
Honorable J. Wesley Oler, Jr., has previously ruled in this matter.
14. Pursuant to Local Rules of Civil Procedure, counsel for the Plaintiff has provided notice
of this Motion for Consolidation of Action to Jim Jones, Esquire, counsel for the
defendant Vincent Trice. Both counsel concur in this motion.
WHEREFORE, the Plaintiff moves this Honorable Court to Consolidate the Actions in
Docket No. 99-6903 and No. 99-7021 pursuant to PA R. Civ. P. Rule 213 (a) or, in the
alternative, pursuant to PA R. Civ. P.Rule 1020 (d) (I).
Respectfully submitted,
Richard C. Gaffney, Esquire
PA Supreme Court I.D. No. 13
101 Front Street
P. O. Box 627
Boiling Springs, PA 17007-0627
Telephone: (717)249.2525
Dated: 22 r6w. 2-coo Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF THE 9T" JUDICIAL DISTRICT OF
CUMBERLAND COUNTY, PENNSYLVANIA
LAURETTE CASTAGNOLA TRICE,
Plaintiff
V.
VINCENT TRICE,
Defendant
VERIFICATION
CIVIL ACTION-LAW
NO. 99-6903 CIVIL TERM
IN CUSTODY
NO. 99-7021 CIVIL TERM
PROTECTION FROM ABUSE
I, Richard C. Gaffney, Esquire, counsel for the Plaintiff herein, do hereby verify that the
statements made in the foregoing Motion for Consolidation of Action are true and correct to the
best of my knowledge, information, and belief. I make these statements subject to the penalties
of 18 PA CS § 4904 relating to unworn falsification to authority.
22 Ie.8 . ?R o
Date
chard C. Gaffney, Es uir