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HomeMy WebLinkAbout01-0375 FXCRYSTAL JOY ITRI, Plaintiff vs. MICHAEL JOSEPI~ CONTA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol- 3 75~ CIVIL, TERM PROTECTION FROM ABUSE AND CUSTODY NGTICE 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. Ifyou 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 particulaz, you may be evicted from your residence and lose other important rights. A hearing o his matter is scheduled on the day of January, 2001, at 3b~.m., in Courtroom No. on the 4"' Floor of the Cumberland County Courthouse, l Courthouse Square, Carlisle, Pennsylvania. You MIDST 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 chazge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 andlor up to six months in jail under 23 Pa.C. S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U. S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. You should take this paper to your lawyer at Duce. You have the right to have a lawyer represent you at the heauimg. The court will not, however, appoint a lawyer for yau. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABII:TTTES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ~~~ Alr4$NN~c! . h~~llkl~ ~I~G{'!D ~;~+~c~r~~ uc;~~~~ ~u ~ f ~a ; ~~~~~ ~-u~ ~~ CRYSTAL JOY ITRI, Plaintiff v. MICHAEL JOSEPH CONTA, Defendant CUMBERLAND County, In the Court of Connnon Pleas of :PENNSYLVANIA Civil Action -Law No, Ol- 3 75~ : Protection From Abuse and Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: MICHAEL JOSEPH CONTA Defendant's Date of Birth is: March i7, 4972 Defendant's Social Security Number is: 206-52-8494 Name(s) of All protected persons, including Plaintiff and minor children: 1. CRYSTAL J(DY ITRI AND NOW, on 49th Day of January, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby emers the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Except for such contact with the minor ckild/ren as may be permitted under paragraph 4 ofthis Order, Defendant is prohibited from having ANY CONTACT with Plaintiff or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations far the duration of this order. Plaintiff's current residence: 417 Reno Avenne, New Cumberland, PA (or aay other place where she may residence during the term of this Order). Plaintiffs mother's residence: 523 Mountainview Road Middletown, PA (Dauphin County) PlaintifTs place of employment, wherever she may be employed. 3. Except for suck contact with the minor childlren as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plaintiff or any other person protected under this Order, by telephone or by any other means, inchuding tkrough third persons. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor children: 1. GAVIN MYCHAEL CONTA Until the final hearing all contact between Defendant and the children shall be limited to the following: Defendant may have periods of partial custody with the child on Tuesdays and Thursdays from 5:00 p.m. until 8:00 p.m., and at other times and dates mutuaIly agreed by the parties, pending further Order after the hearing scheduled in this case. Pending the further Order of Court, Defendant shall communicate custody arrangements by contacting Autumn Wertz, 305 North 3rd Street, New Cumberland, PA (774-5578), the third party designated by PlaintitTto facilitate custody arrangements. Defendant shall provide transportation during his periods of partial custody, and he shall provide and ensure that the child is restrained in an age and weight-appropriate carseat or seatbelt restraint system. Transfer of custody shall take place at the home of Autumn Wertz, unless the parties mutually agree to other arrangements, 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. 5. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. 1. any and all firearms and weapons, specifically: 2. a shotgun. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 6. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: NEW CUMBERLAND POLICE DEPARTMENT 8. The sheriff; police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER ANY PRIOR ORDER RELATING TO CHII,D CUSTODY 1Q. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 19, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. 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 in jail. 23 Pa.C.S. §6114. Consem 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 chazges 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 plairniffs residence OR any location where a violation of this order occurs OR where the defendam maybe iocated. If defendant violates Pazagraphs 1 through 5 of this Order, defendant shall be arrested on the chazge 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 alt 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. Distribution to: Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Cazlisle, PA 17013 PFAD Number: ZTl 183337E CRYSTAL JOY ITRI, Plaintiff v. MICIIAEL JOSEPH CONTA, Defendant In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA Civil Action -Law No. Ol- 3 ~'~ Protection From Abuse and Custody P~T'~'Ti~l~i ~t~R FIi~~~eTIO~N FRO~VI AB~TSE 1. Plaintiffs name is: CRYSTAL JOY ITRI 2. I, (the Plaintiff), am &ling this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. CRYSTAL JOY ITRI 4. Plaintiffs Address is :417 Reno Avenue ,Apt. 2A ,New Cumberland, PA 17070 5. Defendant`s Name is: MICHAEL JOSEPH CONTA 6. Defendant is believed to live at the following address: do Rick Conta ,166 Nissely Street, Apt. 2 ,Middletown, PA 17057 7. Defendant's Socnat Security Number is: 206-52-8494 8. Defendant's Date of Birth is: March 17,1972 9. Defendant's Piace of employment is: Mid-State, Inc., 638 Antoin Street, Harrisburg, PA 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Parents of the same children Current or former seauaVintimate partner 12. The defendant has been involved in a criminal court action. 13. Plaintiff and Defendant are the parents of the following minor children: a. GAVIN MICHAEL CONTA Age: 4 years old Child's address is: 417 Reno Avenue , Apt. 2 ,New Cumberland, PA 17070 14. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. GAV1N MICHAEL CONTA For the past 5 years, this child has lived with: Plaintiff at 417 Reno Avenue, Apt. 2A, New Cumberland, PA, from May 2000, to the present. Plaintiff at 1001 North Spring Street, Apt. Ni, Middletown, PA, from Apri11999, to May 2000. Plaintiff and Defendant at 41 Brunswick Lane, Palmyra, PA, from August 1998, to April 1499. Plaintiff and Defendant at 2 Arwin Drive, Apt. 5, Hummelstown, PA, from May 1996, to August 1498. Plaintiff and Defendant at 2 Arvin Drive, Apt. 2, Hnmmelstown, FA, from the child's birth on October 28,1996, to May 1996. 15. The facts of the most recent incident of abuse are as follows: On about Monday, January 08, 2001 location: Plaintifl's place of employment Defendant repeatedly telephoned Plaintiff at her place of employment despite being told by her to stop calling, verbally abused her and called her vile names. Defendant threatened to flatten the tires on Plaintiff s vehicle, cut the brake lines, rip Plaintiff's head off, kick her ass, and blow her head off. Defendant further threatened that Plaintiff had better watch her back, that he would make her life hell and that he was going to fuck her ap and fuck her car up. Plaintiff reported the incidents to the Harrisburg Police and Defendant was charged with terroristic threats and stalkfng,, arrested on 1/9/01, arraigned, and released after posting bail. A preliminary hearing on the charges is scheduled before District Justice Stewart in Harrisburg on February 13, 2001, at 10:30 a.m. 16. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: On or about January 7, 2001, Defendant left a message on Plaintiff s pager voice mail threatening, "I'm going to rip your head off." In or about late December 2000, or early January 2001, Defendant threatened to kick FlaintitTs teeth down her throat, rip her head off, kick her ass, make her life hell, kill her, and fuck her up. Defendant further threatened that be hoped- Plaintiff and the parties' 4-year-old son, Gavin, would die in a car accident. In or about May 2000; Defendant came to Plaintiffs residence unannounced and uninvited, pounded on her door, verbally abused her and called her names, threatened to harm her, kicked her personal belongings about, and shoved her to the floor. When Plaintiff reported the incident to the police, Defendant left, but telephoned PlaintifTs residence repeatedly throughout the night. In or about Apri11999, after Plaintiff broke up with Defendant, he repeatedly came to her residence unannounced and uninvited, beat on the door, verbally abused her, and threw household objects at her. Plaintiff reported several incidents to the Middletown Police (Dauphin County). La or about 1997-1998, on several occasions, Defendant punched Plaintiff and threw household objects at her. In or about Late 1996, early 1997, Defendant grabbed Plaintiff, shoved her about,. choked her, punched her an the back, side and arms,. and slammed her head against the fhror. Plaintiff reported the incident to the Pennsylvania State Police. Defendant was arrested, charged criminally, placed in Dauphin County Prison where he remained for several days before being released and fined. In or about summer 1946, when Plaintiff was approgimatety 6-mouths pregnant, Defendant shoved her about, threw household objects at her, damaged and destroyed her personal property, and attempted to set the apartment on fire. In or about January 1996, Defendant punched Plaintiff in the face. 17. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor children: a. any and all firearms and weapons, specifically: b. a shotgun. 18. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: NEW CUMBERLAND POLICE DEPARTMENT 19. There is an immediate and present danger of further abuse from the Defendant. 20. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Reimbursement for cost to replace Plaintiffs personal property damaged or destroyed by Defendan# doting incidents of abuse. 21. FOR THE REASONS SET FORTR ABOVE, I REQUEST 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 and/or minor children in any place where Plaintiff may be found. b. Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: Defendant may have periods of partial custody with the child on Tuesdays and Thursdays from 5:00 p.m. untr7 5:00 p.m., and at other times and dates mutually agreed by the parties, pending further Order after the hearing scheduled in this case. Pendeng the hearing, Defendant shall communicate custody arrangements by contacting Autumn Wertz, 305 NorW 3rd Street, New Cumberland, FA (774- 557g}, the third party designated by Plaintiff to facilitate custody arrangements. Defendant shall provide transportation during his periods of partial custody, and he shall provide and ensure that the child is restrained in an age and weight-appropriate carseat or seatbelt restraint system. Transfer of custody shall take place at the home of Autumn Wertz, unless the parties mutually agree to other arrangements. c. Prohibit Defendant from having any eomact with Plaintiffand/or minor children, either in person, by telephone, or in writing, personally or through third persons, including but not limited to-any contact at Plaintifr'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 children. d. Prohibit Defendant from having any contact with Plaintiffsrelatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. e. 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: f. Direct Defendant to pay Plaintiff for tlie~reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. g. Order Defendant to pay the costs of this action, including filing and service fees. h. Order the fallowing additional relie€, not Hsted above: Order Defendant to refrain from harassing Plaintill's relatives. Enjoin Defendant from damaging or destroying any property owned solely by Plaintiff. Order Defendant to pay X250.00 to one of MidPenn Legal Services' funding sources to pay for the cost of litigating this case. i. Grant such other relief as the court deems appropriate. j. 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 infonm the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully Submitted by: Joan Carey, Att. for Pl tiff Agency: MidPenn Legal Services 8 Irvine Row Cazlisle, PA 17013 (717)243-9400 VERIFICATIaN I verify that I am the Petitioner as designated in the present action and that the fasts and statements contained in the above Petition are true and correct to the best of my lmowledge. I understand that any false statements are made subject to the penalties of 18 Pa:C.S.§4904, relating to unswom falsification to authorities. Dated: Q~'I~G~'~~ Cry- sty itri, P tiff ;:,~,~ ~e -a r_ ~ ~ ~. ~` ?"3~~ ~°' ~P31 -•l~ "' yy td. ~ v N W ; ~ i.,44s!v6. xsr€,. a~w ,.,.s'q~. .Y~rutsx~t at4Y§Pgt*3fi':f' 'et'XI ~:=*~ksk's£'.~.' 01/19fQ1 FRI 13:09 FAX 717 240 6573 CUMB CO PROTHONOTARY ¢jo91 ffi&&#t~N38~N8$~kM~~MBSA~ffiSffi*~SS* ~~~ MULTI TN REPORT za:~ T%/R% NO 2403 INCOffiPLETE T%/R% TRANSACTION OR [ O119p2405331 CENTRAL PROCESS [ 03]9p2438026 LEGAL SERVICES [ 04]92490779 PSP ERROR OFFICE OF THE PROTHONOTARY CUNBERLANp COUNTY CO[JRTHCUSE ONE COURTHOUSE suQUARE CARLISLE, PA. 17013-33$7 (717} X40-6195 FAX (717) 249-fi573 LS Ce~ . {~~~~~.ss. TO; PA STATE POLICE FAX #: 717-249-0779 FRCM; Cr,1RTIS R. LONG RE: PFA ORDERS t~55ACE= V I A T E L E C O P I E R jp NO. OF PAGES (I[W:. ;UDING COVER SHEET) ThLS = is inb3[7~i rn1y 5c~ the tse ae tle irdivlCbx~1 ~- eltity to wltir3i is is ~, and Resr dxitain inf~atim that is 1~y~9. culfidEntial arXi e~rpt fran disclcm¢e ur.#^x ~ ]a+. Tf die nE this ~ is mL die intiatiiacl reci]aiatt, yam, are ]''rxdx rotifiq~ ttet any dissrlninatt3rn, rlichrir,dTrn nr ~,inq i;¢ ttus aQmutica~.irn is stxiCtly [~ibibad. If ynu t~ csoai.~ed ttus aamixtir.3`,.lan in crnx', n7awaP ratify is in>n~]y3h~1y bi' ~ :rr; ad refixn tt~ a.~l. rt~^~ to Ls ai CRYSTAL 70Y ITRI, Plaintiff vs. MICHAEL JOSEPH CONTA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol- 375 CIVII., TERM PROTECTION FRt'JM ABUSE AND CUSTODY ORDER FOR CONTINUANCE AND NOW, this ~7 day of January, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Friday, January 26, 2001, at 3:00 p.m. by this Court's Orderof3anuary 19, 2001, is hereby rescheduled for hearing ou / ~,~p• ~SV , 2001, at //; d0~km. iu Courtroom No. 5 on the 4`s Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through July 14, 2002, or until further Order of Court, whichever comes first. Joan Carey, Attorney for Plaintiff NlidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 By the , Edward E. Guido, Judge Cumberland County Sheriff's Department ~~NVnus~v~!~d A~~vno~ c~^~r~~s~aa~~~n~ CRYSTAL JOY ITRI, Plaintiff vs. MICHAEL JOSEPH CONTA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol- 375 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY MaT~aN FaR caNTlNU~vcE Plaintiff, Crystal Joy Itri, by and through her 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: 1. A Temporary Protection From Abuse Order was issued by this Court on January 19, 2001, scheduling a hearing for January 26, 2001, at 3:00 p.m. 2. The Cumberland County SheriffsDepartmentdeputizedtheDauphinCountySheriff's Department to serve Defendant with a certified copy ofthe Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse. On January 25, 2001, the Dauphin County Sheriff s Department told MidPenn Legal Services staffthat Defendant had not been served. 3. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through July 19, 2002, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiffrequeststhattbe Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through July 19, 2002, or until further Order of Court, whichever comes first. Respectfully sub 'tted, Carey, Attorney fo laintiff MidFenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 ~° ~ .._ r Z~ ~ rr, as :_i - ~ ;:rrT = :.; ~ `f ~~~ ~ =~_; m _: ~i r:' ` rn _~ ~r SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00375 P COMMONWEALTH OF PENNSYLVANIA: -y COUNTY OF CUMBERLAND ITRI CRYSTAL VS CONTA MICHAEL JOSEPH R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT CONTA MICHAEL JOSEPH but was unable to locate Him deputized the sheriff of DAUPHIN to wit: in his bailiwick. He therefore County, Pennsylvania, to serve the within PROTECTION FROM ABUSE/CON TINUANCE On March 30th 2001 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 DEP. DAUPHIN CO 25.50 .00 62.50 03/30/2001 So answer _~--- j ~;., R homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~~- day of /,'~,~ ~, Prothonotary ° (~f~~.t~ ~f ~ ~~rexi ff t Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)255-2660 fax: (717)255-ZS89 Jack Lotwick Sheriff Cv :tmontvezlih of Pennsylvania County of Dauphin So Answers, ~~~°~~~ Sheriff's Return IT RI CRYSTAL JOY vs • CONTA MICHAEL JOSEPH No. 0265-T - - -2001 OTHER COUNTY NO. 01-375 AND NOW: March 23, 2001 at 12:13PM served the within PFA & CONTINUENCE upon CONTA MICHAEL JOSEPH by personally handing to HIM - 2 true attested copy(ies) of the original PFA & CONTINUENCE and making known to him/her the contents thereof at HERSHEY'S CHOCOLATE WORLD CHOCOLATE AVENUE HERSHEY, PA 17033-0000 DEFENDANT STATES HE HAS NO WEAPONS & WAS NOTIFIED OF SPECIFIC CUSTODY INSTRUCTIONS. Sworn and subscribed to before me this 23RD day of MARCH, 2001 /~ „., PROTHONOTARY Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistard Chief Deputy Sheriff of Dau Co t Pa. By ~,::•_: - Deputy She 'ff Sheriff's Costs:$O.DO PD 00/00/0000 RCPT NO MARTIN Crystal Joy Itri VS. ~ Michael Joseph Conta No. 01-375 Civil (PFA) Now, 3 / 3 0 / 01 , 20 ~ , I, SHERIFF ®F CTJMBERLA2~TD COU]'dTY, 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 Affndavaf ~f ~~A°i'k~~ Now, within upon at by handing to _ a and made known to Sheriff of Svrarn and subscribed before nse this _ day of ; 20 20_, at o'clock M. served the copy of the original So answers, the contents tI-aereof. C;oun3y, PA COSTS SERVICE MILEAGE _ .4.FFILAVIT ~n~T~ ~'~~~°t ~~' ~~~x~>~ ~~a~ ~~ ~um~~~°~~d G®e~n~y, ~~sylv~>~~~..,.,~ ~ Crystal Joy Itri VS. Michael Joseph Couty (PFA & Continuance) Now, 1/29/01 No, 01-375 Civil 20 ~ , I, SHERIFF OF CTJMBERLAND COUPgTY, 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. e Sheriff ofCumherland County, PA Af~ad~v~~ wf S~a°~~~~ Now, within upon at by handing to 20_, at o'clock M. served the a copy of the original and made known to So answers, Sheriff of COST'S Sworn and subscribed before SERVICE _ me this _ day of ; 20 MiI.E~GB _ .~1FFTDAVIT the contents thereof. Covniy, PA In The Court of Common Pleas of Cumberland C®unty, Pennsylvania Crystal Joy Itri VS. Michael Joseph.Conta No. 01-375 Civil Now, 3/9/01 , 20 00 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do (al~d ~~'na-~ane,I~ hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the PIf Sheriff of Cumberland County, PA Affidavit ®f Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20_ 20 , at o'clock M. served the copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA CRYSTAL JOY ITRI, Plaimiff vs. MICHAEL JOSEPH CONTA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol- 375 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY ORDER FOR C(}NTINUANCE AND NOW, this l0~day of /I//I/GL~ 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Monday, February 26, 2001, at 1 i:00 a.m. by this Court's Orde/rlof January 28, 2001, is hereby rescheduled for hearing on /ylA ~ ~~ , 2001, at PJ' ' .3~/9' .m. in Courtroom No. 5 on the 4's Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through July 19, 2002, or until further Order of Court, whichever comes first. By the Co , Edward E. Guido, Judge Joan Carey, Attorney for Plaintiff 1VfidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 d .T~- ,~~ ~9 C ,~ 0~ ~~ Cumberland County Sheriff's Departmerrt 4 CRYSTAL JOY ITRI, Plaintiff vs. MICHAEL JOSEPH CONTA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol- 375 CIVII, TERM PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE Plaintiff, Crystal Joy Itri, by and throughher attorney, Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Motion for Continuance was filed and an Order for Continuance entered on January 28, 2001, rescheduling the hearing for February 26, 2001, at 11:00 a.m. 2. On February 23, 2001, MidPenn Legal Services staffcontacted the Dauphin County Sheriffs Department and was told that they have made several attempts to serve Defendant with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence and at his place of employment, but had not been able to locate Defendant to serve him. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through July 19, 2002, or until fisher Order of Court, whichever comes first. WHEREFORE, Plaintiffrequeststhat the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through July 19, 2002, or until further Order of Court, whichever comes first. Respectfully s 'tted, oan Carey, Attorney f laintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 C' ,.a -? ~'. -<_~ <. j .. ~ ° t =~ .. ~~ CRYSTAL 3OY ITRI, Plaintiff v. MICHAEL JOSEPH CONTA, Defendant In the Court of Conunon Pleas of CUMBERLAND County, Pennsylvac-ia Civil Action -Law No. 01-375 Protection From Abuse and : Custody Defendant's Name is: MICHAEL 3O9EPH CONTA Defendant's Date of Birth is: March 17,1972 Defendant's Social Security Number is: 206-52-8494 Name(s) of All protected persons, including Plaintiff and manor children: 1. CRYSTAL dOY ITRI AND NOW, this 21st Day of May, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Crystal Soy Itri, is represented by Joan Carey of MidFenn Legal Services; Defendant, Michael Joseph Conta, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the entry ofthe Final Protection Order, does not admit the allegations in the Petition for Protection From Abuse. PlaintitTs reques# for a final protection order is granted. I. Defendant shall not abuse, stalk, hdt'ass, threaten the Plalrrtiff ar any other protected person in any place where they might be found. c k l'= ~' 3 ~ r ~ 2. Except as provided in Paragraph 4 ofthis Order, Defendant is prohibited from having APTY COLYTACT with the Plaintiff or arty other person protected under this Order, at any location, including but not limited to any corrtavt at PlaintitPs school, business, or place of employement. Defendant is specifica}ly ordered to stay away from the following }ovations for the duration of this order. l'lain#itI's current residence located at o`ill Mate Street, Apt. 1, Viola, PA ~Cnmherland County), ar any other residence she may estakslish for herself daring the term of this Order, except for the limited purpose of transferring custody oithe parties'-minor child; which shall not be viewed as a violation of this Order. Defendant shall remain in his vehicle at all times during custody transfer. Defendant may also telephone Plaintiff at her resilience for the limited purpose of face7itating custody arrangements. Plaintiff°s mother's residence located. at ~231blountainview Road, Middletown, FA (Dauphin County) Plaintift°s current place of employment ak the Hunt Construction Group, 95U Hershey Park Drive, Hershey, PA(Dauphin County) or any other place where she may be employed during the term of this Order, 3. Except as provided in Paragraph 4 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Custody of the following minor children: 1. GAV1N MICHAEL CONTA shall be as follows: Plaintiff shall have primary physical and legal custody of the minor child. Defendartt shall have periods of partial custody with the child on dates and at times mutually agreed upon. Defendant shah be responsible- for transporting the child. If Defendant does no# leave a valid driver's license, he shall have a responsible third party with a valid license drive him to Plaintiffs :e~sidvante €o transfer custody. Defendant shall ensure that the child is secured in see age and weight- appropriate car seat ar vehicle restraint system at ail times. Defendant. shag! transfer custody of the child. at Plaintiffs residence and may telephone Plaintiff at her residence for the limited purpose of faciletating custody arrangements, which shall not be viewed as violations of the terms sf this Order. iDefendant shall remain in his vehiele at ail times daring custody transfer. The father shall not use alcohol immediately prior to or during the time the chfld is in his care. See attached Custody Order. 5. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency far delivery to the Sheriffs Office, any (rearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children. 1. any and all firearms and weapons, specifically: 2. a shotgun. 6. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons far the duration of this order. Any weapons andlorfirearms license delivered to the sheriffgursuarrt to this order or the Temporary Order shall not be returned until further order of the court. Defendant may, upon the expiration of this Order, request that the Sheriff return any firearms andfor weapons held pursuant to thss Order. The sheriff shall determine if Defendarn is otherwise legally entitled to possess the firearms and/or weapons. If the Protection From Abuse Order has expired and Defendant is Iegaliy entitled to possess firearms andfor weapons, the sheriff shall present an Order to the Court authorizing that the firearms andfar weapons be returned to Defendant. OEherwise, the sheriff shall notify Defendant that he/she must file a petition with the Court seeking a return of the firearms andfor weapons, in which case the Court, upon petition, will schedule a hearing with notice to Plaiffiiff. 7. The following additional relief is granted as authorized by §6108 of the Act: Defendant is prohibited from having any t-0atact with Plaintiffs relatives. Defendant is ordered to refrain from harassing Plaintiffs relatives. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. g. $RADZ' INDICATOR . The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. . This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. . Defendam represents a credible threat to the physical safety of the Plaintiff or other protected person(s). . The ternis of this order prohibit Defendant from using, attempting to use, or threatetvng to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. 9. A certified copy of this Order shall be provided to the police department where Plaintifl'resides and airy other agency specified hereafter: NEW CUMBERLAND POLICE DEPAItT1VIENT EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH DERRI' TOWNSHIP POLICE DEPARTMENT (Dauphin County) MH)DLETOWN POLICE DEPARTMENT (Dauphin County) Ili. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 11. All provisions of this order shall expire on: November 21, 2Q02 NOTICE TO THE DEFENpANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON TIC CHARGE OF INDIRECT CRIlVIINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,0©0 AND/OR A JAII. SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER TIIE PENNSYLVANIA CRS CODE. THIS ORDER IS ENFORCEA)3LE IN ALL FlIiTY (s0) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U. S. TERRITORIES AND THE COMMONWEAL.TI~ OIF PUERTO RICO UNDER THE ~TIOI>ENCE AGAINST WOMEN ACT, 18 U.S.C. §225s. IF YflU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER; YOU MAYBE SUEJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR A,MMLTNI'ITON. NOTICE TO LA~'V ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation ofthis order occurs OR where the defendant maybe located, shall enforce this order. An arrest for violation of Paragraphs 1 through 6 of this order tnay be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa. C. S. §6113. Subsequent to 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 Sheeift's Department shall maintain possession of the weapons until finther order of this Court. When the defendam is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint far 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. 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 f the hearing. By C Edward E. Guido, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: Crystal Joy It ' aintiff Michael Joseph Cont .Defendant i 166 Nlssely Street, Apt. 2 ~ Middletown, PA 170s7 Carey, Attorne or Plaintiff MidPenn Legal S ices, Inc. 8 Irvine Row Carlisle, PA 17013 (717)243-9400 ,~ b IN ~til~' ~ n", ~, ~~r ~1.'lf~~;'~ ~ .~.. ;~ai~ i %t~`; ~._ 05/21/01 MON 09:52 FA% 717 240 65i3~ CLIMB CO PROTHONOTARY fool x~a~:~ixs~~:~~ss*~s~~a:asix>K~ss* ~~* MULTI TN REPORT z~ix ~%~N~SN#S~N ~%S #~*~~*N:B g%R&#%k~EB~k 2622 [ O119p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP T%/R% NO INCOffiPLETE T%/R% TRANSACTION O% ERROR r OFFICE OF Tf-[E PRGTFiCNfY1'ARY CLJM6ERLANC COU[JI'1' COJR"IHOUSE ONE COURTHWSE SQUARE CARGLSLE, PA. 170],3-3387 (717) 240-6195 FAX (717) 240-6573 V L A T B L E C O P I E PA STATE POLICE - l-L'N!'{. PRDCE SS. M' ~ ~~~ TO: FAX k: 717-249-0'779 E'RCM: CURTIS R. LONG [~: PFA ORIlERS MESSAGE: No. OF PAGES (I[4r^.LUDING COVER SHEEP) ~. ~~ 'ltris is in6Et~d mly fxs fire rsc: o~ ttre irdivi~al. cr artily txa Wiidr is is ad3cess~•~ " oord-air+ insaoiaricn u'>at is 1~`ril~3d, aonfia~ntiat ar3 fxan ~;a-I,~'"'a rimer a~Li~e . [te , o~ tl,,i5 is ro~ H-e inhe,~: secipienC, you aze tet~7lr mt;f~ ttat a1y~tutat.+rn. r7i~,-i'r.rt-icn C[' ar~ayux3 c~ tkQ,S anatnic~]:irn is srx7ictly mod. IE you t~e,c~~ey~~iva3 Uus _ _ - • .. ~l ...N.. w~ I^I v" 1ST Rlr .1 R7[M+ ~ ~ L7. e. r CRYSTAL 70Y I'I'RI, Plaintiff vs. MICHAEL 70SEPI3 CONTA, Defendan IN TIDE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O2- 375 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY 1. V rJ~~ AND NO~7, this ~~ y of Ntay, 21102, the fatlawing Order is entered by consent of the parties with regard to custody of the parties' child, Gavin Michael Conta, I}OB: 2 0/28!46. 2. Plaintiff hereinafter known as the mother, shall have primary physical and legal custody of the child. 2. Defendan, hereinafter known as the father,. shall have partial custody of the child on dates and at times mutually agreed upon. 3. The father shall be respansihle for transporting the child. IfDefendant doses rsot have a valid driver's license, he shall have a responsible third party with a valid license drive hirn to Plaintiff s residence to transfer custody. Defendant shall ensure that the child is secured in an age and weight-appropriate car seat or vehicle restraint system at all times. 4. Defendant shall transfer custody of the child at Plaintiffs residence, and he may telephone Plaintiff at her residence far the Limited purpose of facilitating custody arrangements, which shall not be viewed as violations of the terms of the Final Protection Order. Defendant shall remain in his vehicle at all times during custody transfer. 5. The father shall not use alcohol immediately prior to or during the time the child is in his care. 6. The mother and father, by mutual ageeement, may vary fromthis schedule at any time, but this Custody Order extends beyond the expiration ofthe above-captioned I~inal Order of Court and remains in effect pending further Order of Court regarding custody. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. By the ~ o Edward E. Guido, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: Joy Itri, alntiff Michael Joseph Coma, Defendant 166 Nissely Street, Apt. 2 Middletown, PA 17057 Carey, Attorney for Plai Penn Legal Services, In . 8 Irvine Row Car}ish;, PA 17013 (717} 243 9400 ~r a a ;, ~ r,~;~ c 8 :,~ ,j i s , F,~~" ~~~ ~.~',~i~ ~ ~ ~~a ... .. __. mEin+$~A~Y 3 ~.~cg9K .tem.,;;~aw+-f,... .. fH~ - -.. CUMB CO PROTHONOTARY fool D7/17/Ol TUE 12:58 FAX 717 240 6573 ~as~~s~z$*~x**s~*~~**~ ~xt T% REPORT **~ *Sffi~N88*YY*X&ffi~F B~YHI SSk*& TRANSMISSION OK TX/R% NO 2716 CONNECTION TEL 95338220 CONNECTION ID ST. TIME 07/17 12:55 USAGE T 02'59 PGS. 8 RESULT OR i OFC'iCE OF '['FfE: PROTHONOTARY CUMBERLptJD CYxJNTy CCNfRTH0:15E ONE COURTHOUSE SQiJARii CARLISLE, PA. 17013-33D7 (717) Z40-6195 FAx (717) 240-6573 v I A T E L E C O E' I E R T0: FAx N: (~ ~~~ C7O~OCL.S FRCM: CUR~vT,IS RAJ L~O"NG ~., MESSnGE: X ~~ NO. OF PAGES (IN.'".LfJpING ODVER SHEEP) I. ^4.,n nmmr.++:., rn •nMrW.i wnl.. 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