The URL can be used to link to this page

Home My WebLink About06-6215JOHN A. ABOM Petitioner, V. LORIEN A. PERKINS-MICKELSON, Respondent CIVIL ACTION AND NOW, this 25`'' day of October, 2006, comes the Petitioner, John A. Abom, by and through his undersigned counsel, Jason P. Kutulakis, of ABOM & KUTULAKIS, L.L.P., and petitions this Court on his behalf for the issuance of a special injunction pursuant to Pa. R.C.P. No. 1531, and in support thereof alleges as follows: 1. Petitioner, John A. Abom, is an adult individual who resides at 3608 Horsham Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Petitioner resides at the above address with his wife, Nell McCormack Abom, their three minor children, J.A., age ten (10), M-G.A., age seven (7), and M.A., age five (5). 3. Respondent, Lorien Perkins-Mickelson, is an adult individual who is believed to reside at 1811 Knights Circle, Coantonment, Florida, 32533. 4. It is believed and therefore averred that the Respondent is in a branch of the armed services. 5. Petitioner, John A. Abom, Esquire, of Abom & Kutulakis, L.L.P., represents Kirk A. Perkins in a Petition to Vacate Divorce Decree and related Pleadings. 6. Respondent is represented by Diane Radcliff, Esquire in her Petition to Vacate IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-6a-/SCIVIL TERM Divorce Decree and related Pleadings. 7. Due to the allegations being made in the Petition to Vacate Divorce Decree and related Pleadings, criminal charges were filed against Mr. Perkins in Dauphin County, Pennsylvania. 8. On or about September 12, 2006, Mr. Perkins was acquitted of all charges in a bench trial before the Honorable Lawrence F. Clark, Jr. 9. On or about September 28, 2006, Petitioner received multiple hang-up telephone calls in the middle of the night immediately prior to midnight. 10. On the same date and continuing into the early morning hours of September 29, 2006, Mr. Perkins also received multiple phone calls from the Respondent that were in a threatening and harassing manner. 11. It is believed and therefore averred that the Chambers of the Honorable Judge Clark received a harassing telephone call from the Respondent on the same date. 12. It is believed and therefore averred that all of the above telephone calls originated from a T-Mobile telephone out of Tampa, Florida. 13. On or about October 24, 2006, Petitioner received his first telephone call in the evening hours at their home residence. 14. Petitioner's seven year-old minor daughter, M-G. A., answered the telephone in which the female caller asked "is Jay Abom home?" and "is Jay your daddy?" At the reply that he was her daddy, the caller stated, "your daddy is an asshole" and proceed to hang up the telephone. 2 15. It is believed and therefore averred that the caller was the Respondent, Lorien A. Perkins-Mickelson. 16. Later in the evening on or about October 24, 2006, Petitioner's wife, Nell McCormack-Abom answered the telephone, and the caller stated "I am the woman your husband screwed". 17. It is believed and therefore averred that the caller was the Respondent, Lorien A. Perkins-Mickelson. 18. Petitioner learned that his client, Mr. Perkins and his wife received seven (7) threatening and harassing telephone calls at their home residence that same evening. 19. On or about October 24, 2006, Petitioner's wife, Nell McCormack-Abom proceeded to contact the Hampden Township Police Department to report the threatening and harassing telephone calls that she and her minor daughter received that evening. 20. It is Petitioner desires to have no contact with the Respondent whatsoever. 21. It is believed and therefore averred that Respondent's inappropriate behavior is escalating in its threatening and harassing nature. 22. It is believed and therefore averred that the escalation of Respondent's behavior is the reason the filing of the within Petition has become necessary. 23. Petitioner requests this Honorable Court to enjoin the Respondent from any contact whatsoever, harassing or otherwise, with his family. 3 24. Petitioner has posted a One-Hundred Dollar ($100.00) bond contemporaneously with the filing of the within Petition. 25. Kirk A. Perkins and Nancy E. Perkins are filing a similar petition for protective relief simultaneously with the filing of this petition. 4 WHEREFORE, Petitioner respectfully requests that this Honorable Court award the following relief (a) Enter a Preliminary Injunction in favor of the Petitioner and his family as against the Respondent; (b) Order and direct the Respondent to have no contact with the Petitioner and his family, including but not limited to through third parties, at their home, places of employment, the minor children's schools, or any other location in which they may be found; (c) Respondent to be responsible for the costs associated with any court costs and attorney's fees associated with the filing of this action; and (d) Award such other relief as the Court deems appropriate. Respectfully submitted, M & KUTULAKIS, L.L.P. DATE Z *on P. Kutulakis upreme Court ID 80411 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 5 PURSUANT TO Pa.RC.P. 1024(c) Jason P. Kutulakis, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the parry he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the parry for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. c ? Date: October 25, 2006 *JasP.utula.kis, Esquire 6 1 Q C7 4=0 lD a -TI '72 c.. 1I? ? rT, O C-n t JOHN A. ABOM Petitioner, V. LORIEN A. PERKINS-MICKELSON, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL TERM : CIVIL ACTION - EQUITY AND NOW, comes the Petitioner, John A. Abom, by and through his counsel, Jason P. Kutulakis, of ABOM & KUTULAKIS, L.L.P., and petitions this Court on his behalf for the issuance of a preliminary injunction pursuant to Pa. R.C.P. No. 15311, and in support thereof alleges as follows: 1. Petitioner, John A. Abom, is an adult individual who resides at 3608 Horsham Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Petitioner resides at the above address with his wife, Nell McCormack Abom, their three minor children, J.A., age ten (10), M-G.A., age seven (7), and M.A., age five (5)- 3. Respondent, Lorien Perkins-Mickelson, is an adult individual who is believed to reside at 1811 Knights Circle, Coantonment, Florida, 32533. 4. It is believed and therefore averred that the Respondent is in a branch of the armed services. 5. Petitioner, John A. Abom, Esquire, of Abom & Kutulakis, L.L.P., represents Kirk A. Perkins in a Petition to Vacate Divorce Decree and related pleadings. 6. Respondent is represented by Diane Radcliff, Esquire in her Petition to Vacate Divorce Decree and related pleadings. 7. Due to the allegations being made in the Petition to Vacate Divorce Decree and related pleadings, criminal charges were filed against Mr. Perkins in Dauphin County, Pennsylvania. 8. On or about September 12, 2006, Mr. Perkins was acquitted of all charges in a bench trial before the Honorable Lawrence F. Clark, Jr. 9. On or about September 28, 2006, Petitioner received multiple hang-up telephone calls in the middle of the night immediately prior to midnight. 10. On the same date and continuing into the early morning hours of September 291 2006, Mr. Perkins also received multiple phone calls from the Respondent that were in a threatening and harassing manner. 11. It is believed and therefore averred that the Chambers of the Honorable Judge Clark received a harassing telephone call from the Respondent on the same date. 12. It is believed and therefore averred that all of the above telephone calls originated from a T-Mobile telephone out of Tampa, Florida. 13. On or about October 24, 2006, Petitioner received a telephone call in the evening hours at his home residence. 14. Petitioner's seven year-old minor daughter, M-G. A., answered the telephone in which the female caller asked "is Jay Abom home?" and "is Jay your daddy?". At the reply that he was her daddy, the caller stated, "your daddy is an asshole" and proceed to hang up the telephone. 2 I 15. It is believed and therefore averred that the caller was the Respondent, Lorien A. Perkins-Mickelson. 16. Later in the evening on or about October 24, 2006, Petitioner's wife, Nell McCormack Abom answered the telephone, and the caller stated, "I am the woman your husband screwed". 17. It is believed and therefore averred that the caller was the Respondent, Lorien A. Perkins-Mickelson. 18. Petitioner learned that his client, Mr. Perkins, and his wife received seven (7) threatening and harassing telephone calls at their home residence that same evening. 19. On or about October 24, 2006, Petitioner's wife, Nell McCormack Abom, proceeded to contact the Hampden Township Police Department to report the threatening and harassing telephone calls that she and her minor daughter received that evening. 20. It is Petitioner's desire to have no contact with the Respondent whatsoever. 21. It is believed and therefore averred that Respondent's inappropriate behavior is escalating in its threatening and harassing nature. 22. It is believed and therefore averred that the escalation of Respondent's behavior is the reason the filing of the within Petition has become necessary. 23. Petitioner requests this Honorable Court to enjoin the Respondent from any contact whatsoever, harassing or otherwise, with his family. 3 I 24. Petitioner has posted a One-Hundred Dollar ($100.00) bond contemporaneously with the filing of the within Petition. 25. Kirk A. Perkins is filing a similar petition for protective relief simultaneously with the filing of this petition. 26. The law firm of Abom & Kutulakis, L.L.P. contacted Diane Radcliff, Esquire to inquire about accepting service of the within petition, and Ms. Radcliff advised that she would contact her client to determine that she is authorized to do so. 27. As Attorney Radcliff represents the Respondent in the Petition to Vacate Divorce Decree and related pleadings, undersigned counsel is serving Attorney Radcliff of the within petition via facsimile and United States Mail. 28. As undersigned counsel does not have confirmation that Attorney Radcliff is authorized to accept service as of the time of filing the within petition, undersigned counsel is also personally serving the petition on the Respondent. 4 WHEREFORE,, Petitioner respectfully requests that this Honorable Court award the following relief (a) Enter a Preliminary Injunction in favor of the Petitioner and his family as against the Respondent; (b) Order and direct the Respondent to have no contact with the Petitioner and his family, including but not limited to through third parties, at their home, places of employment, the minor children's schools, or any other location in which they may be found; (c) Order Respondent to be responsible for any court costs and attorney's fees associated with the filing of this action; and (d) Award such other relief, as the Court deems appropriate. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. DATE 6 fiy Jason P. Kutulakis' Supreme Court ID 11 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Pefzfzoner 5 PURSUANT TO Pa.R.C.P. 1024(c) Jason P. Kutulakis, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relaxing to unsworn falsification of authorities. Date: October 26, 2006 fr?jason P. K itulaldsmuire 6 t CERTIFICATE OF SERVICE AND NOW, this 26t" day of October, 2006, I, Jason P. Kutulakis, Esquire, of ABoM & K=L. jus, LLP, hereby certify that I did serve a true and correct copy of the foregoing Petition for Preliminary Injunctive Relief in the manner indicated below and addressed as follows: Via Facsimile and United States Mail: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Via Personal Service: Lorien Perkins-Nickelson 1811 Knights Circle Coantonment, Florida 32533 Respectfully submitted, ABOM & KUTULA"S, L.L.P. Date D Zt; hyJason P. Kutul 's quire 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 ID# 80411 ? r? Ca N 77 t-r, _ .? y C7 - 1 rl JOHN A. ABOM, Petitioner V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-6215 CIVIL TERM LORIEN A. PERKINS-MICKELSON, CIVIL ACTION - EQUITY Respondent JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice, for any money claimed in the Complaint or for any other claim for relief requested by the Plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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. CUMBERLAND COUNTY BAR ASSOCL47YON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sigiuentes, usted tiene veinte (20) , dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alMo que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 JOHN A. ABOM Petitioner, V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA . NO. CIVIL TERM LORIEN A. PERKINS-MICKELSON, CIVIL ACTION - EQUITY Respondent AND NOW, comes the Petitioner, John A. Abom, by and through his counsel, Jason P. Kutulakis, of ABOM & KUTULAKIS, L.L.P., and files this Complaint in Equity, and in support thereof avers as follows: 1. Petitioner, John A. Abom, is an adult individual who resides at 3608 Horsham Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Petitioner resides at the above address with his wife, Nell McCormack Abom, their three minor children, J.A., age ten (10), M-G.A., age seven (7), and M.A., age five (5). 3. Respondent, Lorien Perkins-Mickelson, is an adult individual who is believed to reside at 1811 Knights Circle, Coantonment, Florida, 32533. 4. It is believed and therefore averred that the Respondent is in a branch of the armed services. 5. Petitioner, John A. Abom, Esquire, of Abom & Kutulakis, L.L.P., represents Kirk A. Perkins in a Petition to Vacate Divorce Decree and related pleadings. 6. Respondent is represented by Diane Radcliff, Esquire in her Petition to Vacate Divorce Decree and related pleadings. 7. Due to the allegations being made in the Petition to Vacate Divorce Decree and related pleadings, criminal charges were filed against Mr. Perkins in Dauphin County, Pennsylvania. 8. On or about September 12, 2006, Mr. Perkins was acquitted of all charges in a bench trial before the Honorable Lawrence F. Clark, Jr. 9. On or about September 28, 2006, Petitioner received multiple hang-up telephone calls in the middle of the night immediately prior to midnight. 10. On the same date and continuing into the early morning hours of September 29, 2006, Mr. Perkins also received multiple phone calls from the Respondent that were in a threatening and harassing manner. 11. It is believed and therefore averred that the Chambers of the Honorable Judge Clark received a harassing telephone call from the Respondent on the same date. 12. It is believed and therefore averred that all of the above telephone calls originated from a T-Mobile telephone out of Tampa, Florida. 13. On or about October 24, 2006, Petitioner received a telephone call in the evening hours at his home residence. 14. Petitioner's seven year-old minor daughter, M-G. A., answered the telephone in which the female caller asked "is Jay Abom home?" and "is Jay your daddy?". At the reply that he was her daddy, the caller stated, "your daddy is an asshole" and proceed to hang up the telephone. 2 15. It is believed and therefore averred that the caller was the Respondent, Lorien A. Perkins-Mickelson. 16. Later in the evening on or about October 24, 2006, Petitioner's wife, Nell McCormack Abom answered the telephone, and the caller stated, "I am the woman your husband screwed". 17. It is believed and therefore averred that the caller was the Respondent, Lorien A. Perkins-Mickelson. 18. Petitioner learned that his client, Mr. Perkins, and his wife received seven (7) threatening and harassing telephone calls at their home residence that same evening. 19. On or about October 24, 2006, Petitioner's wife, Nell McCormack Abom, proceeded to contact the Hampden Township Police Department to report the threatening and harassing telephone calls that she and her minor daughter received that evening. 20. It is Petitioner's desire to have no contact with the Respondent whatsoever. 21. It is believed and therefore averred that Respondent's inappropriate behavior is escalating in its threatening and harassing nature. 22. It is believed and therefore averred that the escalation of Respondent's behavior is the reason the filing of the within Petition has become necessary. 23. Petitioner requests this Honorable Court to enjoin the Respondent from any contact whatsoever, harassing or otherwise, with his family. 3 24. Kirk A. Perkins is filing a similar complaint for equitable relief simultaneously with the filing of this pleading. 25. The law firm of Abom & Kutulakis, L.L.P. contacted Diane Radcliff, Esquire to inquire about accepting service of the within complaint, and Ms. Radcliff advised that she would contact her client to determine that she is authorized to do so. 26. As Attorney Radcliff represents the Respondent in the Petition to Vacate Divorce Decree and related pleadings, undersigned counsel is serving Attorney Radcliff of the within complaint via facsimile and United States Mail. 27. As undersigned counsel does not have confirmation that Attorney Radcliff is authorized to accept service as of the time of filing the within complaint, undersigned counsel is also personally serving the complaint on the Respondent. 4 WHEREFORE, Petitioner respectfully requests that this Honorable Court award the following equitable relief (a) Order and direct the Respondent to have no contact with the Petitioner and his family, including but not limited to through third parties, at their home, places of employment, the minor children's schools, or any other location in which they may be found; and (b) Award such other relief, as the Court deems appropriate. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. DATE Z lob ???6ttl - Jason P. Kutulakis ' ° " Supreme Court ID 8 1 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner 5 PURSUANT TO Pa.RC.P. 1024(c) Jason P. Kutulakis, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the parry he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the parry for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification of authorities. Date: October 27, 2006 Jason P. Kutulakis, ?#e 7 ,t c;>s iTl -i Curtis R. Long Prothonotary ?ftice of the protbonotarr Cumbertaub Cauntp Renee K. Simpson Deputy Prothonotary John E. Slike solicitor CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28 TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE ACCORDANCE E ABOWITH E PA CASE IS HEREBY TERMINATED WITH PREJUDICE R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573