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HomeMy WebLinkAbout99-07428 ?I s. V 9 STEFANIE M. LAMPREY, Plaintiff V. SCOTT D. LAMPREY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . 99-7928 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of December, 1999, the parties having reached an agreement, and wife being willing to withdraw the petition, the petition is dismissed, and the temporary protection from abuse order entered on December 17, 1999, is vacated. Paul J. Esposito, Esquire For Plaintiff Gerald Shekletski, Esquire For Defendant Sheriff By the Cou gar e - bmyle5 1'aAaa) irrva 1,1?-17-? ? RKS prs . :a; ?i ? ? SHERIFF'S RETURN - REGULAR CASE NO: 1999-07428 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAMPREY STEFANIE M VS. LAMPREY SCOTT D KENNETH GOSSERT , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon LAMPREY SCOTT D the defendant, at 19:05 HOURS, on the 13th day of December 1999 at 5 SUSSEX CIRCLE CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to SCOTT D. LAMPREY a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Additional Comments: DEFENDANT STATED THAT HE WAS NOT IN POSSESSION OF ANY WEAPONS. Sheriff's Costs: So answer Docketing 18.00 Service 8.06 Z. Affidavit .00 Surcharge 8.00 om? as Kline, S eri 12/14/1999 by Sworn and subscribed to before me this /yam day of 3 ?ozrv A.D. ro ? ar 7 ep y e i STEFANIE M. LAMPREY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.9?. SCOTT D. LAMPREY, CIVIL ACTION - LAW Defendant PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on the matter is scheduled for the 176A day of December, 1999, at 6-Y5 4.M., in Courtroom #_?_, at the Cumberland County Courthouse, One Courthouse Square, 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 policy may arrest you. Violation of this Order may subject you to a charge or 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 r?- fit '1 Ot 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. Court Administrator 4`h Floor, Cumberland Co. Courthouse Carlisle, PA 17013 (717) 240-6200 BY THE COU ' J. Distribution: Prothonotary Plaintiff Defendant Paul J. Esposito, Esq., Attorney for Plaintiff Gerald J. Shekletski, Esq., Attorney for Defendant Cumberland County Sheriff - Serve Defendant Lower Allen Twp. Police Department Harrisburg Police Department Pennsylvania State Police STEFANIE M. LAMPREY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SCOTT D. LAMPREY, CIVIL ACTION - LAW Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Date of Birth: 12/12/68 Defendant's Social Security No.: 21-54-9676 Names of Protected Persons, including Plaintiff and minor children: STEFANIE M. LAMPREY, COLTON SCOTT LAMPREY and CHRISTIAN MICHAEL BROWN. AND NOW, this /064 day of December, 1999, upon consideration of the attached Petition for Protection From Abuse, the Court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. fendan is evicted and uded om the esidence at 5 S ssex C/mir C p Hill, umber] d Count ,Pejeofyenda lvan, or an ther p rman t or tea residen wheVn aintiff or ther tecte person may liv . Plai tiis gr exclusive ossessif the resi nce. t shall ve no n t or 'vilege r ent on premises. to or be pr' 3. Except for such contact with the minor children as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from havingANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the Plaintiff's school, business or place of employment. 4. Except for such contact with the minor children as maybe be permitted in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor children: Colton Scott Lamprey, born April 1, 1996, and Christian Michael Brown, bom December 16, 1987. The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. Defendant shall relinquish any firearms licenses and also shall immediately turn over to the Sheriffs Office, or a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children: all fireanns located at 5 Sussex Circle Cam Hill Pennsylvania. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order under the Brady provisions of the Gum Control Act, 18 U.S.C. §922(G) and the PA Uniform Firearms Act 18 Pa.C.S. §6105(c)(6). Any weapons delivered to the Sheriff under this paragraph shall not be returned until further Order of Court. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereunder: Lower Allen Township Police Department, Harrisburg Police Department and Pennsylvania State Police. 8. THIS ORDERAPPLIES IMMEDIATELYTO DEFENDANTAND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. The Sheriff of Cumberland County shall serve this Order on the parties indicated below. NOTICE TO THE DEFENDANT Defendant is hereby notified that violations of this Order may result in your 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. This Order maybe considered in any subsequent proceedings under Title 23, including child custody proceedings. 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 Act, 18 U.S.C. §2265. If you travel outside of the states and intentionally violate this Order, you may be subject to Federal criminal proceedings under that 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 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 without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. When the Defendant is placed under arrest for violation of the Order, the 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 the Plaintiff. Plaintiffs presence and signature are not required to file the complaint. Subsequent to an arrest, the law enforcement officer shall retrieve Defendant's firearms licenses, if any, and 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. If sufficient grounds for violation of this Order are alleged, the Defendant shall be arraigned, bond set and both parties given notice of the date of th7P earing. BY THE COURT: Distribution: Prothonotary Plaintiff Defendant Paul J. Esposito, Esq., Attorney for Plaintiff Gerald J. Shekletski, Esq., Attorney for Defendant Cumberland County Sheriff - Serve Defendant Lower Allen Twp. Police Department Harrisburg Police Department Pennsylvania State Police GOLDBERG, KATZMAN &SHIPMAN. P.C. Paul J. EsMito, Esquire Supreme Court ID #25454 320 Market SU t. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff STEFANIE M. LAMPREY, Plaintiff V. SCOTT D. LAMPREY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99. '7Y2-e CL-,,ZX -/I'-- CIVIL ACTION - LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE TO THE HONORABLE JUDGES OF SAID COURT: The Petition of Stefanie M. Lamprey, by her attorneys, Goldberg, Katzman & Shipman, P.C. and Paul J. Esposito, esquire, pursuant to the Protection FromAbuseAct, 23 Pa.C.S. §§6101, et seq., as amended, respectfully represents as follows: 1. Plaintiffs name is: Stefanie M. Lamprey. 2. I am filing this Petition on behalf of myself and my two minor children. 3. Names of ALL persons, including Plaintiff and minor children, who seek protection from abuse: Plaintiff, Stefanie M. Lamprey, and my two minor children, Christian Michael Brown, born December 16, 1987, and Colton Scott Lamprey, bom April 1, 1996. 4. Plaintiffs address is 5 Sussex Circle, Camp Hill, Cumberland County, Pennsylvania. 5. Defendant is believed to live at the following address: 5 Sussex Circle, Camp Hill, Cumberland County, Pennsylvania. Defendant's Social Security Number is: 210-54-9676. Defendant's date of birth is: December 12, 1968. Defendant's place of employment is: Xerox Corporation, East Park Drive, Harrisburg, Pennsylvania 6. Plaintiff and Defendant are husband and wife, having been married on September 17, 1994. 7. Plaintiff and Defendant have not been involved in any prior court actions relating to divorce, custody, support or protection from abuse. 8. Defendant has not been involved in any criminal court action. 9. Plaintiff and Defendant are the parents of the following minor child: Colton Scott Lamprey, born April 1, 1996, currently residing at 5 Sussex Circle, Camp Hill, Cumberland County, Pennsylvania. 10. There is no existing order regarding custody of said minor child. Since birth, the child has resided at 5 Sussex Circle, Camp Hill, Cumberland County, Pennsylvania, with Plaintiff and Defendant. There are no other persons who are known to have or claim a right to custody of the child. 11. The following other minor child presently lives with Plaintiff: Christian Michael Brown, who is 12 years of age, having been born on December 16, 1987, who is the natural son of Plaintiff. 12. The facts of the most recent incident of abuse are as follows: On December 8, 1999, between the hours of 5:15 p.m and 6:00 p.m., at 5 Sussex Circle, Camp Hill, Cumberland County, Pennsylvania, while engaged in an argument, Defendant grabbed Plaintiff by her shoulders and pushed her. Plaintiff made two separate attempts to flee the home. On each occasion, Defendant pursued and forcibly compelled her to return to the home and in doing so, grabbed her by the arms and pulled her. Also, in a fit of rage during this incident, Defendant ripped the telephone from the wall. On the second attempt to flee the home, Defendant slammed the door, causing Plaintiff's head to be caught between the door and frame, as a result of which she suffered swelling and bruising to her face and pain in the facial and head areas. During this incident, Defendant, in a fit of rage, continued to physically restrain Plaintiff from leaving the home, ripped a telephone from the wall and proceeded toward his gun cabinet in what Plaintiff believed was a threatening manner. 13. On or about October 29, 1999, while in the course of an argument, Defendant grabbed Plaintiff, threw her on a bed and prevented her from moving. Defendant stated that he should "just end this all now" as he proceeded toward his gun cabinet where he stores several firearms. 14. As a consequence of the foregoing incidents, Plaintiff is extremely frightened of Defendant and believes she is in immediate and present danger of further abuse and harassment from Defendant. WHEREFORE, pursuant to the Protection From Abuse act, Plaintiff prays your Honorable Court to: I. Immediately enter a temporary order, pursuant to 23 Pa.C.S. §6107(b); A. Directing Defendant to refrain from approaching, abusing, stallcing, harassing, or threatening Plaintiff, physically or verbally, wherever she may be; B. Excluding Defendant from 5 Sussex Circle, Camp Hill, Cumberland County, Pennsylvania, and any residence which she may occupy while this Order remains in effect; C. Directing Defendant to refrain from all harassing communication with Plaintiff or her relatives; D. Award Plaintiff temporary custody of the minor child; E. 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 school, business or place of employment; F. 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; G. Order Defendant to pay temporary support for Plaintiff and the minor child; H. Order Defendant to pay the costs of this action, including filing and service fees; 1. Order Defendant to pay Plaintiffs reasonable attorneys fees; J. Grant such other relief as the Court deems appropriate; and IC 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. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By lI a& PAUL Y'ESPOSITO, ESQUIRE 320 Market Street, Post Office Box 1268 Harrisburg, PA 17108-1268 Supreme Court ID #25454 Attorneys for Plaintiff VERIFICATION I verify that the statements contained in the foregoing PETITION FOR PROTECTION FROM ABUSE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: 1 ?a- q - Gq ? I. -_ ) Y "'? f)-* STEF M.LAMPRE • a i cn C. t: c i c; ? U 12/10/99 FRI 16:42 FAX 717 240 6573 CUM6 CO PROTRONOTARY 4'q_ 7/,j g 001 sxx TX REPORT ixx xxxixxsxis;sx;isxxxsx TRANSMISSION OK T::C/RX NO CONNECTION CONNECTION ST. TIME USACE PCS. RESULT 1627 TG1.