The URL can be used to link to this page

Home My WebLink About95-04412 , ~:'- ." 7 g ~ J ~ ~ J ". '-' '. .' ''''~,J :gfi~ ,~'. . 'C./" .~ ; , '<...'''i.\::::':';J: ",..;':~'U;;-,;' - {6 - :r ::r j;, :'.11' .,. , . 'j, l , ,'~. ,- .. ......,.. '- . . '. _.-,-_i ~_ T.......M"~T ~l__ I~..e, L.. II ~""'~'.f""-'~"""'-t".,.,"", f;: (0 ~ " (-: j:: .. f' - 5!2: lI.l. . - 0' :.!: U~ ['" ,- ~ I:,'. -J: ~2 P~I r- :r Co lli a' . ; ~ I b. " ..... L. -' ~ u:: ~:1 <r ,. oJ /- r QUH I ~llf/,r J p'1 JiQ5. '41\-1'- ~-i~ ,.. ~ ~~..:=. . ~,..., Ij : FU 09'98 W :: 0 .3 2:: i PBMlTIR : 7158334 U,I, pon I: " C,u,,* ~~'!;A'~ CUMBERLAND COUNTY CARLISLE, PA 17013 Y BARBERA 1249 DERRFIELD PARKWAY BUFFALO GROVE IL 60089 :1 , LISA BARBERA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .yY/,.l.. 95-~ CIVIL TERM v. ANTHONY BARBERA, Defendant : PROTECTION FROM ABUSE RULE TO SHOW CAUSE AND NOW, this ~ day of _l="e.br\...LQ;"1 ' 1998, upon consideration of the within petition, a rule is issued to show cause why the above-mentioned handgun should not be destroyed. Rule returnable within 2() days of service. By the Court, I~I G<.or; E. Me, George E. offer, P.J. William I. Gabig Senior Assistant District Attorney William G. Braught Assistant Public Defender for Defendant Trooper Jeffrey Kolodzi pennsylvania State Police - Carlisle Anthony Bal'bere 1249 Derrfield Parkway Buffalo Grove, IL 60089 TRUE COpy FROM RECORD In Testimony whereof, I here unto set my hand and tho 50.11 01 said CoIJI1 a.t Carlisle. This VI day I~., 19 Prothonotary LISA BARBERA, I IN THE COURT OP COMMON PLEAS OP I CUMBERLAND COUNTY, PENNSYLVANIA I I 95-4412 CIVIL TERM I I I PROTECTION PROM ABUSE Plaintiff v. ANTHONY BARBERA, Dafenclant IN REI PROTECTION PROM ABUSE ORDER OP COURT AND NOW, this 13th clay of September, 1995, Lisa Barbera, having appeared ln open court together with her personal counael, Joan Carey, Esquire, and also the District Attorney, Thomas A. Placey, Esquire, and the Defendant, Anthony Barbera, having appeared with the Public Defender, William G. Braught, Esquire, and the partiea all having appeared for a hearing on an alleged contempt violation of our Protection from Abuae Order, the complaint being filed September 12, 1995, upon the agreement of both parties and all attorneys, hearing in this matter ia continued for ninety daya. If the District Attorney does not call the matter for hearing wlthin that ninety days, by agreement of all parties, the contempt petition shall be permanently diamissed. By the Court, Joan Carey, Esquire Legal Services, Inc. Counael for Plaintiff Thomas A. Placey, Esquire Aaaistant District Attorney William G. Draught. Esquire Assistant Public Defender Islr , ~4. (M..,(,.\.. c,/15/~;;"fl ~ If) ">- Ir. 1,- i~ , .. , ') ."l~ t' ,c,., 0"' 50- ~'~~~ >: r-' ' ;-.J: ".' ;: ~I ,~j ;-.,.1 2;}- -- ~ " ,it ~',- I ..... " C)-'~ ; ;.~(~ a: ',' 1,1..1 r """l"l. Lo.. :.;~ 'I. (f) :) Q 0' U u.:$ ~ ~ OZ C') (/)~ Z ... l.. .. tz3 a: we i1j::.J l.. a zu ~~~~ ...>- I ..-t Sffi ll.!ft .. 'tl <:J5:$ ZZ I: .1: f-oc:l ow ...-t ffi~ HH ....O(/)Z ::Ell. ...l ffi~ ~iii UUw~ ~~ 1C0(/)::.J H alO ll. ""Z:J>- ~ ! ~ tl. (/):sO(/) U:J mo - Z u.o U . al . oa:~z Ou al ::- 5~ Ww w N ~ ::tal:Jll. ""0 -=- < ....::E 0 . a:z .-< m Ig u.:Ju~ s:s .-< H ~ OUw(/) Ua: I ...l wU.z::; Ww ll'\ I~ uOoa: 0\ - < ::teo It u ....::E z:J 0 -u uc:l :. '. . . " ! : LISA BARBERA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 'tW" 95-1~ CIVIL TERM Plaintiff V. ANTHONY BARBERA, Defendant PROTECTION FROM ABUSE AND NOW, k RULE TO SHOW CAUSE this ~ day of ~ , 1998, upon consideration of the within petition, a rule is issued to show cause why the above-mentioned handgun should not be destroyed. Rule returnable within~ days of service. By the Court, P.J. William I. Gabig Senior Assistant District Attorney William G. Braught Assistant: Public Defender for Defendant Trooper Jeffrey Kolodzi Pennsylvania State Police - Carlisle Anthony Barbera 1249 Derrfield Parkway Buffalo Grove, IL 60089 FlLEQ-oFF/~ OF ,., I~ r~'~"J.lf\'IO~Any Ir,t IT, I/, I" I Irvl 98 FEa -6 Pi'! 3: 05 ~~\ICIJ.cd ~<.> C".' I CU;h., ~.;:..~ \ , ~cL:CLI. ...\c.~, ('I"Q -9, d CUMfJEF.L"IiiJ GOUNTl' PENN3YL~J,W~4 LISA BARBERA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA "I"'L- 95-r.kt2 CIVIL TERM V. ANTHONY BARBERA, Defendant PROTECTION FROM ABUSE COMMONWEALTH'S PETITION FOR DESTRUCTION OF EVIDENCE AND NOW, comes William I. Gabig, Senior Assistant District Attorney of Cumberland County, Pennsylvania, who respectfully avers as follows: 1. On September 12, 1995, Trooper Jeffrey Kolodzi of the Pennsylvania State Police seized a handgun pursuant to a PFA investigation. (See attachment A, the police report). 2. The handgun was unregistered and not properly licensed. 3. The handgun was placed into the evidence locker. (See attachment B, the property record). 4. The evidence/property is still in the possession Pennsylvania State Police WHEREFORE, the Commonwealth respectfully requests Honorable Court to order the destruction of the within property. Respectfully submitted, W,/0\1 William I. Gabicl Senior Assistant District Attorney 1 '98 14:13 ID:PSP Troop H CaI'liolo,P(I. FAX: 717--240-D770 f'I:(;E 2 ';Ml . ~~o.T~~ ' ~r81t'~"!lrr-~., . 1'l'i'!!~'N~107B . ..-..- SYLVANIA STATE POUCE 1N11 " CONTIHUA liON nllCIDENT REPORT OiUHUMINTAL i"'!,'S''''-.' ~... I DOM'n~lOu"u .!\ 10 .~N": o "JS\IifG'III..("IOUU 01".1 JOOlAl'D.""" DUMfOUNOlO [] IxtCmou..lYaIWD.Mn ..... "lOM"CIll"U~.''''I''.KM [J IIAUN"" IOtIMClJ A U IlOA..o..aoa DC VIit1IYIIJIHIDTOc.oc>>tU.'1 o ~UAS"'T"tWlPlIKl.' C alQMfSWM...ONIDWANlI .OltClllwnoo_'O 10 ioNllOUoOlOQ/....... 1:1-"" ..toe C unn. t 0 t..-nooDl.CO . C lof AIftICAIII C UUUlfU (UA!LUf I L"'TA'IIDII. 1,.LOCAnDII .....T '0',1:-""'.'1,'" "'\l~' t:-it'l~ ~~1~'~" "u""'" 'Cllll "4' 2/lC ;1l1.1'} "outh 'Jf ~k'\I"1'.:\! "",'; ,...., ~d. :: ~( ',' . . ' . . '.. ..,. .,.. " .. ~ .. . '. . .. OTYf1'WMOIiO 1~9'i':, t~~.trLQnd ~ ,',ju1u,h .,!,.!.jl;;..t,:,tl 'r I', .. VICt1N 110. ....... ADOIU, MQMIIt<<*I , ,,: t'''',',.'' .,., ", .....M,OYI."-'MI -.. . WOM'IID'" '.MC.I"'''Y, I"". I"DOI ".... ".I".""r. ".M'" TO orUfllDUI(S, n.""_ ..I'&c*:' .1'I.(OIIl..TGOf"I'I.TTft:'IKT. I ".Off..o...... " loll; , I) 1 " ~.l I ,,-.... ....., AOOM" ""...- 1.1Mft.O'f1. ""'" ADDMU __I J.u.u..,..... I..... 1"_ 1 ,..AGE '1.1"."",. 11.aa..tDOIInllNH.lldl II.TY'IIU'r&.QIC. ~1'1o,""luor'. 1'''f1'"~. 11l.c>>,..o..1L ,..~" _......IAlIAULf '_ CNIMAL IIIS(tMI __. nnOlllnc.1lUttoln _ 1HUI'...\lM.l.WIIU".....0t:0tIJ0.noN __a lUIMII.AWt _ Md"HAlON _ .......'....Uff _ CO"ItIOlLIv MItMClo &tWCI, HrIC1MD I;O'MmCItCf - ...... _ AGGIAV""''''JAUU m AllONaVutAnDCl'flNUl ~flEEMMAts"IIff'Yc:DllNllU.KA11OJl101AD_" , : Of." . 1a'....a.,..... .' ..,' I" ;~~., .rift ~U \o:l'lIHOlT ... LtCl.~.: '" ...... -- I'." . '1"AlUfI n.n I. MAn...' !Eon. URO u" .. 110 l.A C A " , ,'. , it;t; .1:: " , , .' . . ...VlHIQ,I, 0'- 0.,-.... o SWfCI 0..... ...... r ..... IN.l,.. rL"" j- rvn rLVNA '.*0 rYl. U<D iDOl rl.Mtt i'lIlI.lAOl uo. IM-..........OS- I.PtlD.Dlsc. .. "" lOll ',0". ....AIUl ........" . . .,~ '.- ,- I><- i, m .0 .ts IlCl -" 1IIKJODIfT~'MtOITID"WIC1W 'tZl 0 ....".....fIOOOIAMA(MVAU 0 61 CANAWWCTIlNAMlD 10 0 AM'~IMt\OCAnD D fZl MDDaATKCMtTDUlllCO'HIIOU. &I 0 or"..IMfOUIAnDltAVAIIAILI IiJ 0 CAN AVIMK&.C HIOCMruu:OMTMCl'MI '0 ~ tOtIItIflMUo1MCIAM.t 'IOfU" Ii D KIM raoamofOllARHT ,lINT, 0 Gl UllIOlIINItVWAl"Cf*)OOII OfrunoM D 1D lAflMf t'IW'1 DtKD"tBtlO 0 10 neclUDf1'O ,lCQIIllrcnOwmt CMOlIIlII CdlIP",m_ 0 1iI KUtICHIaCO H)I WIT......" 0 1<1 alAMlAA.TKALMAIlCOtK$ ......... SUIII1' 0 -m ".DAun.... DUltlll:..IM/CO 1'1. D4lltnMC Of'IClJl PI'NlIfG n. DAn Of' "'011 M....UOMICMlL't is,, La ItQTVYD rztIl1mt ^'.\ ,t ,:'''. - I::' . "'-. . ~! '1)),. ~:':.':I ~ 'li.D '. ., ..., ., . D Om ,. or'Kla", NAML1IGIIAf\IIIIllIADUIKo. . ~1M.i.1lItUI. It. ~tOlltll. ii.-'AGI ,- ///Y:/ .'~d I -r;.'.1 . ,>.'~".,.'. " ~"", .',1:'''- ~:~,I - ';E!tO'",O'l'"' 0._00"'" -- " v~ BTAllOH l':x It I h It f\ 01/29 '9814:14 ID:Psr Troop H Ci:u-li::;Io,Pa. ." I!UO.Tty~ . ,,'" stATE POUCE lIIllll1TlAL DCONnllUAtJOM ,,' REPORT. PART II 05U"UMlNTAL POO;: '3 'If2lIY'41078 '. ...en,. [] ..1J....".10IIt(H.(.a~" ..0Wf c...... ......'TMr'um.. (J ""lIMENr 10000C1t a,] ~lWmtlll"'ItI'AJIIU GUlDI.tel.' 0 .o..nWMUilQANDWANlI as' """..... ICC_ eo'.... '~~OOO/CARLISLE u~~~5 ":'lY''':v.''t!'Itolll)' J~'A'hph DARDERA u"'....o 11lOmoI.l.l~QIMIO. DAn I[] VIC1*Il'''''OTOCDOHMIt . C IWI....UII00lltODy Ie _oUIt.UOlI e -........."" If!r!t!!fUtHS NO't 'to Bufr~lo Grove, NY> t1'llItf!l"io!W ...O........fUlUC QT. 110- e..lIJtJ. .J a7t N,MrlC.IIO. .....AMf....TAM t'.IUt\.O'IlMOMMK. ... .....- ...~is in~id(mt ocaurrod GS tilt: rGllult of a PFA violatiun \lhich tl1111 officer hGndlad, re~r(mcl: il'.cidcn1. numller H2-841081. Upon IIpoo.kin& to t c vict111l ohl! rclat.,d lhe violator of t.he PPA, buebaud, h3rl loft thc,lIcene prior to this officerl3 I1rTh'al, Thls ofriCler pGst tho vehio1e whioh the Aoou8cd ..a. opel'aUng on Sn:l" euuth "f moO Ho11)- and requellt~iI:rpr. NE\I(,AS'tElt, PSP CAnLT$LE who.> ..alo in tht: a1'ea to lItop and hclrl~lt1ie vehicle until tbls officer ,,'" spok\! to the '.'ictim in CU'U~ thoro wor,.schiirltes brouibt which he did. After t,al;inlt the information f01' the' ~fjAt ,Iiolation, the Accu8ed \lif!.! r'llated hI!' .... hud t.:>ln:'n r. h(lndllun with ,hii.","'~hen he Left the residenoe. '1'hi:l officer went \. , I..:> th" lo~ut.1on 'or. th(~ 'lr.'l\l''1r~l.!'DtOP which waB on lhe eost berlll of SR34 apl'ro~, !. , ~I: 10 mile a<>u1.h of !taunlaln Vie'~ ad. South Middleton Twp. CUllIberland Co. Pa. Upon 111'1'1\'111, thi:s ot'Cicer i<len~if1ed himself to the Acoused Gnd ad,-ised him ..I.)' he hn'1 boun IItuppud and he l'eluted he underst.ood. 'rhia offioer qucstioned hbl UII WCGv"n5 be hnd on hia person or in t.he vehiole. He related bE! had,.a lml.f" 011 hi13 perK on and that \;h'H'" waD a 3157 lDallDUID in hie truck. --- CONTINUED ,- .? 01...29 '98.14:14 . /"" ID:PSP TI"OOP H Cot'llslo,Pa. . / FAX:717-24lHl779 ~ 4 ~ OII/IT.l1OH , L_,... -....._11.18_ . .. CONTlNUATlON SHEET ~ PAPSP 8UPPl.EMENTAL INVESTlOATION REPORT PAPSP1OOO/CARLISLE '. 82-841078 "_TIYI ~.... _..,..--- ...- ~--- ....... T+, .. n n_'.L .. Y. 0 367 1II1\llnum with a rubber crip. Sorial number 129K640, lIIadel 66-2. The wcapon WOB unloaded and was in an Uncle Mikes bolator. The AocuBed wag queat.1oned on a permit: to carry for the weapon and be rolatod be had one :Jot one timo bu t it probnbl)' hlld explred. The AccUDed waD tall en into cuat.od)' for t.h co PI' A vlolation ond the weapon violation and tranDported to PSP CarliDle. Once at PSP 'Carliule. lobe Accusod woe prooessed by Tpr. NE'WCASTER. PSP CARJ.,lSLU. A permit oheck WOB run on the computer tor tbo Accused whioh hed nelletive rcsults. - . A ch\!!ck of NCIC IIGc1 nellotive reBults tor the weapon and tho Accu8ed. The weopon was entered into cvidence, reforenceiprnperty record HZ-llH8. , Tbe weapon \1US checked fer r~cL8trotion and no record could be found, It , ohould bo 1I01;c.d t.hat. tho ~couKed related he bourht the weapon at a gun ahow and neveE' t.hought to rellhlPo1r it; I ,.- Tblol offlcc/' completold u SP7-0039, Information and Certifioation regardinll Licc:nee to CBrr~ Firearms and o;il1 be forwarded tbraUllh channel.. The accused ~a. arruigned before OJ CORRBAL on 09/12/96 and releaaad ROR. 4....wrwnl' Nl)QftQATTAOa 1..00..01'_ 09/12/95 ,..-- C_ 1~7.mr I !i!::a... c [) COIllNII ..0PrICtR'I~1\IRI~' _/dV / I~ \"'roc, -rz''' ,4",..1,,:, u('~~A/J'/ "77-/ -',7 ,- .... ,,,, I \, I" ,01/c!9 '00 14:16 ID:PSP Troop H eorlialo,Pa, FAX:717-249-0779 ...~TATE PoueE U~~COIl1lllUA~ ;y REPORT ~ PART II SUPruNI"'M. ....-rNT$: 0 .._.....OtIUAA' , ....... .-._i, lIlI...IGll 0 11I0_'_ e ~1,.,,,,,:u.aeulDl..a"c 1IGMt1.....UOWotM. o _Irt IKOIO 0 0'''' Jll:(;E 6 "'DUIIDlD ,letmQIiW.lY WWD .DA"'I. ,DO_IauK..o~..n . C 1WI....4lI0 CUlTOOY . [] wen AJtUCAIlI . o __I~ CO'PAPSP1000/C.\RLISLE "'n~'8'iW1l WITHOUT A LJC ...OHIfiIPIlMQ. IIAIIt 01 Anthony Joseph BARBERA "'1IKI(M4W'~' nono '''001 n. MM1'''' ,t.,,,, mBrried DlIorberB Truckinll: N. MtK. 10. '..........'MItATVI -.'" ...- .. ... "'" .... " .J.lCAAMtM On 11/01/95, clu.rlfoa uere o111J1ll1ll5led by the District Justice. On 11/17/95, charlles were reiiled and a preliminary bcarinll datu', baa not. boun lll~t. ", 0- 'AG' o _0IIQj1 ~ ....a_ , _.C '. . . 1, 0 PIIOP!R'lY ReCOflD CONTlHUA1lOIl ~r t.lIIClIlIIlTlIO. "-fl.. ~'ltlf H~. 8410'18 J .,,::>W, < JI i .~ ., I! " i \.. ' j ;1 I I! i" i~ II, I " , Ir ., I ~}~'l J tl . ~:, 1 ' j, R - - I ~~I~I I g .. Ii I 0 ~i , .....:<~~l J!' :i "II Ii ~1:~111. _~I 1ft F ~ ~ I~~ - 'i ~ I .. '.~ k\l " I H / I If ~ J . I Il 'i;1I ~ I II 4 4 = l, iii / 1 - I ~ t ~ol" ( I ' I llii: ~ / . I ; I! ~Idil ~ 1 ~ J Ii I L ~ "~ It I 11 I ! ~ d z I · s .. II! I . I Ii 'i / I ,. I ~ ." 'il I ~ ;C ~ . % i L · ; II . 1 / . ~ ~ . r , i ! : ~Iill: ) I" ,i ~, i ~ ,. J .. ." II iI, I Ii; "" I . IB , , i!hiiil! i " ! , ;, I r' I '=" '" <? ... lD U> ..... eD Cll 0 ..' .1, : :t . I .... . , ! ,'i' ,'. d z I . ; -\ t.. . \ " " al ;..l '.... .c '.... .c >< t:: . ..... ';.';''-_ _'._' ...__" t,. .... ....__..... .................,.......' ......... .-... ," '. .. ..... l 3'JtJd 6Uo-6VG-lIl:Xtj:l 'ed'OIG!I..l1l3 H dOO-ll d"'....d:0l 91:vl 86, ElVIO' }~"l ~~ " ~\) ~ -{;; "'" ~'L -1 h u..~ oz (/)< U5~ ~ ...1>- c.(/) Z .., - ZZ . ~~ ~ offi . < - ::!:c. < '" I- s~ ~ ",... ......... '" ::!: . ..... ... ""c ::> I-OWZ o~ ""'... "'", 0 OO(/)< oz '" .... <.., u -0::>> u..::> <c ""c a:zos:! "".... > .... 00 '" >oGl 0 lii:3:I:(/) 1-0 <..... z'" a:0 III a. oGl '" Ea:I-Z ::>z .... :cCl ..... wwa:Z 0:3 ...I I- CI :I:lD5~ Oa: z '" I-::!: 0 . < 0 u..::> W Ww 00 ul :I:lD I-::!: wu.. ::i z::> 00 a: -0 u: < u.. 0 0 , '\1'" h"':u ~:j 1996t:Y LISA BARBERA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 95-4412 CIVIL ANTHONY BARBERA, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ~_~ ORDER OF COURT AND NOW, this ~ day of August, 1996, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, ANTHONY BARBERA. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Furthermore, after appearing before the District Justice the defendant is advised to appear before the Court Administrator at the open of the next business day. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Curt, J. Michael S. Schwoyer Chief Deputy District Attorney ANTHONY BARBERA ,..,'.'" :'....l I \q..' ':" '/TIJ ,';..;" ~ / '\ '" 1-' "J (') t~ I' ..... ...ll .. , . _ ..OJ LISA BARBERA, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 95-4412 CIVIL ANTHONY BARBERA, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Michael S. Schwoyer, Chief Deputy District Attorney of Cumberland County, Pennsylvania brings the following petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached private criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt charge upon information received. 4. The District Attorney's Office approves the filing of this private criminal complaint. 5. The Commonwealth is requesting a hearing on the charges " ' of Indirect Cr~m~nal Contempt pursuant to 23 Pa.C.S.A. S6ll3. 6. The plaintiff and the defendant seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. S6ll7. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Attorney -. Glenn R. FARNER DISTRICT JUSTICE MAGISTERIAL DISTRICT NO, 09-3-04 5002 Lenker st. 1031 Aspen Building Mechanicsburg, PA. 17055 COMPLAINTNUM ER- "YEAR::",,,"TYPE~;._'NU""B~R, , ' , ' .", ". " ''1;,.,.~ .,...", ~'~ .: ' "." '~"I::._:' . -:".1.,oy:7~'- ..':-.~!},f(;', ..,: Complaint Numbefl it O,h., Participants CRIMINAL COMPLAINT (POlICEI INCIDENT NUMBER UCR NO. H2-885192 260 OTN .'.. ~:" t, '!'pr. Nicholas E. NEI<<:ASTER 1#7041 tN",", of A/fI,nO or Pennsylvania state Police - Carlisle (ldttt,I/" cJtplI"m,n, or ",tll'" rrprrutf,td Gild pollffnJl IUhdMJlolIJ COMMONWEALTH OF PENNSYLVANIA DEFENDANT VS, NAME IAnthony'Joseph BARBERA AND Unknown address ' ADDRESS DOB:.. OS/24/46 SSN: 261-76-3011 w/N/M/50 J~.>j l' ..:" ":<-",d f,<~~~"':..: ........ '..u'it~.\.. -~':"!"" :. ,., .. R.SA AKA ";,': " ',:': :'.",?;"~ do hereby state: (1) ~ I accuse the above named defendanl, who lives al the address set forlh above or. ;; 0 t accuse an individual whose name is unknown to me bul who is described as ~ ~ ~ ~ C. <.. . o his nickname or popular desil:11ation is unknown to me and, therefon', I hav,' desil:11ated him herein as John Om'; wilh violating the penal laws of the Commonwealth or Pennsylvania al shaffer Truckinq Inc. 48 E. Main st. P.O. Box 418 New Kin town tI'I""'I'"/oI",','uhJ",,,"./ silver springs Twp. in Cumber~ County on or ahout 04/30-06/21/96/ 1200-11 1 5 Participants werl' 01 "'l're> "".,.. piJ,,,nplIlln. ,,'IIC1' ,1,.." nil"U'J IIt"t', 'I'P"oJlitf. 11,t' "oJ"''' "1 ",",IU' dr/N,doJ"rl Anthony Joseph BARBERA ~ c . ~ ~ (2) The acts committed by the accused were:0 IH>~ CUMINAL cnm;M'T: The def. violated an order issued under the protection Fran Abuse Act, number 4412 Civil 1995, september 15, 1995, by Judge George E. HOFFEP,. This order prohibits the def. fran having any direct or indirect contact with the victim including telephone cant1Wlications. PllalABLE CAUSE AFFIIl!l.VIT: Victim, Lisa Ellen BARBERA, contacted PSP and stated the def. was making harassing phone calls to her place of business, which included threats of violence. all?r ~hich, were ~ainstthe peace and dignity or the Commonwealth or I','nnsylvaniu und ,'ontr!ll'Y .to the Act or A""llIhly, or III vlolalton or, ' 6713' and or the Act or Title 42 Violation of Qrder-PFA ,""('('lwUI (SutHI','UtHlI or the'" Ordinance or (3) ,"Ollt,roJI.\14h d",,'Olll I ask that a warrant or arrest or a summons be issued and that the accused be required to answer the charges I have made. (4) I. verify that the racts set rorth in this complaint are true and correct 10 the besl or my knowledge or inror. mation and belier, This verirication is made subject to the penalties or Section 4904 or the Crimes Code (18 Pa, C.S. 84904) relating to unsworn ralsirication to authorities. Auqust 21 . 19!!6 -1' ,.,/\ Pi. E .r:} "-- <: (SiRna'." of Af'f,;n,) 7011 AND NOW, on this . 19 . I certiry the complaint hlL~ been properly completed and veriried, and that there is probable cause ror the issuance or process. (SEAL) (Mallistnial Villr;('tI tlSjlJi,,~ AUtlHlrtt;d 9. This Order shill I rcmllin in errect ror II period or one (I) yellr IIml clln he extended beyond thltt time i r the Court rinds thllt the de rendllnt hils committed an act or ubusc or tillS engaged in a pllttern or practice thnt indicntes risk of harm to the pluintirr, This Order shall be enforcenble in the snme mannp.r as the Court's prior Temporary Protection order entered In this case. 10. This Order may subject the derendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal compluint under 23 Pa,C,S. 66113.1; iii) 1\ charge or indirect criminal contempt under 23 Pa,C,S, 66114, punishable by imprisonment up to six months and a fine of $100,00-$1,000.00; and iv) civil contempt under 23 Pa,C,S. 66114.1. Resumpt ion of co-residence on the part of the plaint i rr and defendant shall not nulliry the provisions of the court order. 11. The Pennsylvanin Stnte Pol ice shnll be provided wi th a cert I fled copy of this Order by the plaint i rr's uttorney /Ind may enrorce this Order by IIrrest for indirect criminal contempt without wnrrant upon prohable cause thnt this Order has heen violated, whether or not the violation is committed in the presence of the police of ricer, In the event that an arrest is made under this sect ion, the defendant shall he tllken wi thout unnecessary delay before the court that issued the order, When thllt court is unavailable, the defendant shall he .:: ~ taken before the appropriate district justice, (23 P.S. 6 611J).~~. t'" ~ ~S '7 __ c..., ..., . .' ~? '-, \..i:'. ~ ,~ -~~ udge Joan Carey l.mAI. SERVICF.s. INC. n: Attorneys ror Plaintif.l\l' -~ - Anthnny Anrherll Derendnnt LISA BARBERA, IN TIlE COURT OF COMMON PLF.AS OF CIJMJlERI.AND COUNTY, PF.NNSYLVANIA NO, 95-4412 CIVIL TERM Pllllnt i rr v, AN1lfONY BARBERA, Defendant PROTECTION FROM ARUSE CONsmr AGREa.II'NI' +I.J This Agreement is entered on this /1 day of September, 1995, by the plaintiff, Lisa Barbera, and the defendant, Anthony Barbera. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney, The part ies agree that the following may be entered as an Order of Court, I. The defendant, Anthony Barbera, agrees to refrain from abusing the plaintiff, Lisa Barbera, or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff inclUding, but not limited to, telephone and written communications, except for the limited purpose of discussing matters concerning the parties' jointly owned business, Barbera Transport, J. The defendant agrees not to harass and stalk the plaintiff and not to harass her relatives. 4. The defendant agrees not to enter the plaintiff's place of employment, 5, The defendant ngrees not to remove, damage, destroy, or sell any property owned hy the plllinti ff or jointly owned by the pari ies, Any issues surrounding the parties' property will be dealt with h~' contacting the plllintiff's divorce attorney, Rohert Frey, Jr" 5 South lIanover Street, Carlisle, Pennsylvanill (24:1-58:111). (" Thc defcllllllnl IIgrl'es III stllY away from the plainliff's residence Illcllted III :lS7 Pine nrove Rlllld, Gllrdners, Cumberland County, Pennsylvania, , (~ " cr~IMINAL COMPLAINT (POllCEI COMPLAINT NUMBER YEAR TYPE NUMBER Susan K. Day DISTRICT JUSTICE MAGISTERIAL DISTRICT NO, 09-3-03 229 Mill St. Po Box 167 Mt. Holly Sprintgs, Pa. 17065 Campl..nt Nurnb.r,.' a,hlt P,rl.tlp.nll OTN 1,__Tpr. J_~f~r.~y S. Kolodzi 6158 ("'IJIft("" AI/llmlJ COMMONWEAL TH OF PENNSVL VANIA I1HENOANI VS, NAME f'Anthony J08eph Barbera w/N-K-49 ANU 1249 Deerfield Parkway AOORES$Buffalo Grove, 11. 60087 Tel: 800-233-1865 R s A SSN: 261-76-3011 A K A PA. OLN: 23078777 or PA. !';TATF. PC'lI,TI"F. tIJr'""!J' u"p"rlm,,"' "'11."""" ,,.,,,t'Jt'"'''d llnd p"'W.,,,, ",hd;"u,,'" do herehy state: (1) IXI I aCl'Use the aboVE' named dl'fendant, who !iVI'S at till' addn'ss Sl't forth abovl' or, o I alTuse an individual whose name is unknown to me hut who is dl'scribed as " ~ , ~ <: , I[] his nickname or popular dl'sil:nation is unknown to nil' and, tlll'n'fon', I haw dl'SlhlJlated him 11l'rl'in as ,John \JOl'; with violatinl: till' p,'nallaws of till' Commonwl'alth of I'l'nosylvanlll lit -357 pine Grove Rd. Di_~kinson 'l'~p. .,___*___~~:~~'If'" ill S,,"<lltll"''', _ inCUrrberland Xounty on or ahout09l12/~t 2000 hrs. IJartil'ipunts w...rt1 If' till'''' nOl' pJ""'I'IIIIH. pl1lII' tll"" ,,,,U'," III"", r"p""""~ rill' ,..,,,,,..., ",...". <J,'/o,d,H1t, ,~ (21 The acls committed by the accused \Vl'n':~) VIOLATIOO OF PRorECl'IOO FRGI ABUSE ORDER. In that the Def. did violate Civil Order 95-4412, Protection From Abuse Order of the . County of Cumberland whcih prohibits the Def. from having contact with the victim and is refrained from going onl:o the victims property~ To WIT: On 09/12/95 at approximately 2000 hrs., the Def. did go onto the property and into the residence of the victims. Victim: Lisa E. Barbera 357 pine Grove Rd. Gardners, Pa. 17324 all or which Wl'l~ al:llinstlh~ pI'ael' Illld dlhlJlity of till' Comrnonw~lllth of P"llI1sylvallill and contrary 10 thl' Art of AssI'mhly, or III vlolalloll or SCSOOO IInd or till' Ad of .EBarEC'!IctLEBCM...AIllJSE-ACT ,S"lll."'} ,s"t> '1'111,"'/ or tilt' OrdillllllCl' of ChAP""" 61 nf ~h.. ~(qH" R..1A~inn'" r."w. Title 23 /1""I'II-~I. "" 11111""'11 I llSk that a warrant of arrest or a summons be issued and thllt the accused be required to answer the charges I have made, (3) (4) I, verify that the facts set forth in this complaint are true and comct to the best of my knowledge or infor. mation and he lief, This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa, C,S, 114904) relllting to unsworn falsificlltion to Iluthorities, -5~mPer12, ,1925-__ "?7'/~-/g./,{; ,i ' 7 "/ (SI~IIU'UI'l' "I ,1((iUII'; AND NOW, on this ;.A(/'Y /:l- . 191G certif,VIlln'o 7' intlas-beeii' pr verified, 110d that there is ~robable caUse for the issuance or 1y6('CSS, - ...----- C. 4. ..:) -'" ',,- i, ~ -- ~~ -- ,. --- -- - .-. ----' -(.\i;'~-;~t..ri(Ji'/Ji1ltr~~t-j-- th~"'''R ..' ut1If1"t~.) l - AOI)C 411 RH PO ." LISA BARBERA, IN THE COURT OF COMMON PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYLVAtlIA NO. 95- 4~I~CIVIL TERM PROTECTION FROM ABUSE ANTHONY BARBERA, Defendant AND NOW, this TBNI'ORARY PROTBCTIOH ORDBR Ifff'I day of August, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, LISA BARBERA, now residing at 357 Pine Grove Road, Gardners, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, ANTHONY BARBERA, the following Temporary Order is entered. The defendant, ANTHONY BARBERA, SSN: 261-76-3011 and DOB: 5/24/46 now residing at an unknown location, is hereby enjoined from physically abusing the plaintiff, LISA BARBERA, or placing her in fear of abuse. The defendant is excluded from the residence located at 357 Pine Grove Road, Gardners, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing ths',plaintiff' s relatives. The defendant is enjoined from entering the plaintiff's place of employment. .' The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A vl01ation of tbl. Ordar ..y subject tbe defendant tOI i) arrest under 23 Pa. C.S. 56113; li) a private crlminal complaint under 23 Pa. c.S. 56113.1; iii) a obarge of indirect crimlnal cont..pt under 23 Pa. C.S. 56114, punisbabla by imprisonment up to .iz montb. and a fine of $100.00-$1,000.00; and iv) civil cont..pt under 23 Pa. C.S. 51114.1. ae.umption of co-residence on tbe part of tbe plaintiff and defandant shall not nullify the provi.ion. of tha court ordar. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and, can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. A hearing shall be held on this matter on the August, 1995, at 3'3v pm., in Courtroom No....3 , county Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees Z8"" day of Cumberland pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of lees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Pennsylvania State Police will be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 pa C.S. S 6113). By the Court, .. LISA BARBERA, . IN THE COURT OF COMMON PLEAS OF . plaintiff . . . CUMBERLAND COUNTY, PENNSYLVANIA . v. . NO. 95- CIVIL TERM . ANTHONY BARBERA, . . Defendant PROTECTION FROM ABUSE . . If o T I C II You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. PIlIlS AND COSTS If the case goes to hearing and the judge grants a protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, qo to or telephone the office set forth below to find out wher. you can qat leqal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (7l7) 240-6200 AMERICANS WITH DISABILITIES ACT OF 19~ 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. " PBTITIOH .OR I'ROTBCTIOH ORDER RBLIB. UNDER TaB PROTBCTIOH .ROK ABUSB ACT, 23 P.S. 5 1101 at .eq. A. ABUSE 1. The plaintiff, LISA BARBERA, is an adult individual residing at 357 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The defendant, ANTHONY BARBERA, SSN: 261-76-3011 and DOB: 5/24/46, is an adult individual residing at an unknown location. 3. The defendant is the husband of the plaintiff. 4. Since approximately September 1994, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, committed spousal sexual assault to the plaintiff, or has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has inClUded, but is not limited to, the following specific instances of abuse: a. On or about August 7, 1995, the defendant came to the plaintiff's residence to retrieve some of his belongings and it was agreed that the defendant would stay the night and sleep on the couch since he had no other place to stay. At approximately 2:00 a.m., the plaintiff woke up after having the sheets ripped off of her. The defendant grabbed the plaintiff by the elbows and forcefully held her down on the bed saying, "I have to do this. II The plaintiff tried to get free but the defendant forced the plaintiff to have intercourse. b. The defendant was charged with aggravated assault in April 1994, after he pulled a motorist out the window of his vehicle and punched him several times because the man wasn't driving correctly. This incident has caused the plaintiff to fear for her safety due to the defendant's erratic behavior. c. In or around September 1994, the defendant pushed the plaintiff, causing her to fall down two stairs. The plaintiff had had surgery a few days before this incident, causing her to fear for her safety. d. In or around 1991, the plaintiff saw the defendant threaten other motorists with a gun. e. Due to these incidents, the plaintiff is fearful of her safety. Moreover, she believes she is in particular danger at the present time because the defendant has been acting irrationally and is upset by their recent breakup. .' . ,~~_,~_; .';i',,:! :,1',,; '~."~1>';'~:~"":'~:~i+/':J"'!-- '. --.~ '//'",;;,;-"".,. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she remain in the home without the defendant's exclusion, and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B. EXCLUSIVE POSSESSION 10. The home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of Anthony and Lisa Barbera, but the defendant voluntarily left on July 9, 1995. C. ATTORNEY PEES 11. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal services, Inc. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. S 6101 ~ ug., as amended, the plaintiff prays this Honorable Court to grant the . .... ".....~,.,." .~._.,..,..".:"",',;,o::""""',,,..',t_~<'__"""'..'n' .,.., ,. ,_. _,_ __v... following reliefl A. Grant a Temporary Order pursuant to the "Protection from Abuse Actl" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff'S relatives; 4. Prohibiting the defendant from entering the plaintiff'S place of employment; 5. prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff; 6. Granting possession of the home located at 357 Pine Grove Road, Gardners, Cumberland county, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Orderinq the defendant to refrain from abusinq the plaintiff or placinq her in fear of abuse. 2. Orderinq the defendant to refrain from havinq any direct or indirect contact with the plaintiff includinq, but not limited to, telephone and written communications. 3. Orderinq the defendant to refrain from harassinq and stalkinq the plaintiff and from harassinq the plaintiff'S relatives. 4. Prohibitinq the defendant from enterinq the plaintiff'S place of employment. 5. prohibitinq the defendant from removinq, damaqinq, destroyinq or sellinq property jointly owned by the parties or owned solely by the plaintiff. 6. Grantinq possession of the home located at 357 Pine Grove Road, Gardners, Cumberland county, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. orderinq the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. orderinq the defendant to pay reasonable attorney fees to Leqal Services, Inc. The plaintiff further asks that this Petition be filed and served without pre-payment of fees by the plaintiff, and that a ,..... The above-named Plaintiff, LISA BARBERA, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to Date: 9"/r-Q<; lluthorities. ~"intiff unsworn falsification to ..-' -':J ;"'..1 - -:~::) ~ ... (0 ;! , ~ '-;;P' ~:. ,.. .,._..~ .,.; . ;:.,~, ;.;.'~;';"i;';kc~'n"r..'..- ,.,.,-, .~~,~'. _......-"'"" ~- ':i.;.00...~;o_..",.. . '1 "< -;3 '} ,~ lR tiG J ~ &&'b::)~ ~ ~ u2:c:c CD 1~()C,,)..t .... I...:r.a~ ul 0"'.., 0') j I:"..:sti; ." 'V) <.:)(t; . "., 1...1 ,....Q:: "I!: CCJ .:!UJtue .... .;z:caQ" - ...:1; B ...'" .... ' 0'" CERTIFICATION OF BAIL AND DISCHARGE COMMONW[AWI y<j /DvMld....",.". ffIYd AdrtwlJ Anthony Joseph DarberlJ 1249 Deerfield Parkway, Duffalo Grove, 11 60087 UROR (no surety I 0 Nominal eail XtJ Bail (total amount ..t. il any) S ~Condrt1on5 01 Release (BSlde 110m awearing al c...1 whan required) Dofendant is to have no contact with tho victim until hoaring (altach addendum, it necellllllry) SECURITY OR SURETY IIF ANYI o Cash in lull amount of ball o Parcentaoa cash ball o Money lurnished by o Delendant o 3rd Party J~ OR tsSlMHCI AUTHORITV .... paula 2. Correal APPEARANCE OR BAIL BOND THIS BOND IS YAUD FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND ANAL DISPOSmON OF THE CASE INCLUDING ANAL DISPOSmON OF ANY PETlT10N FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES, CP TERM I NO CllAHOl.lSI DAlE OF CUAHOEl61 9~12-95 Violation of Protection From Abuse Order DATE AND TIME !II-l3-95 TO: NEXT COURT ACTION lOCATX)N J d u ge Hoffor 11.00 A.M. o Detention Center 001""' I hereby certily that sufficlenl bail has baen entered o ey the delendant o On behall of the delendanl by: ,,... & Adl:hu 01 &nfyl fLQIl'1M No' . Relund 01 cash ball will be made within 20 days oller linal disPosilion. (Pa,R.Cr,P.40 15Ib)) . Refund 01 all olher types 01 ball will be made promplly alter 20 days loIiowlng linal disposition, (PaR.Cr,P,4015(al) . Bring Cosh Ball Receipt 10 Clerk 01 Court. IlISCltAAGE TIlE ABOVE,NAMED DEFENDANT FRDM CUSTODY IF DETAINED FDA NO OTHER CAUSI: THAN THE ABOVE STATED. Given under my hand and the O1liclal Seal 01 this Court. this day of ,19_. (SEAL) IClri oi Cc:ut 0I111ung AuItlaMyI WE, THE UNDERSIGNED, defendant and aurety, our .uccassor., hel,. end a..lgna. ere jointly end ......relly bound to pay to the Commonwealth of Penn.ylvenla the aum of Fivo hundred ROR dolla,. 1$ 599 R9R ), SEE REVERSE SIDE FOR BAIL CONDITIONS TO eE USED ONLY FOR PERCENTAGE CASH BAIL: The undersigned aboot to become SUrety in lhe case ciled herein, being duty sworn (or affirmed), depo... end says: 'A'"'''''''''' ""'" AM ..BAlly,,""..... >OR nE 'f,""'"'.' nE BAOL T1>e IoIIcJwIng acknowIedgemenI Is also spp/IcBbIe fj';' / ,-? It Percentage Cesh BaR Is U!8d. tI,j) 'I'.p ,~~ TtJRE Of OE'ENMNT THIS BOND SIGNED ON SAI,b,mh..r 12 , al -~~"'.. 2f:h " t. ) ') ( Colli 01 .II:aq AuItOlf)'I 1. t reside at and my occupalion is 2. I have no undisposed of criminal cases against me pending in the Courts of lhe aforeaaJd Counly, except as follows: AOPC 41J.tt2 my phone numbar is and I work lor 3. I am not SUrely on eny bond 01 any kind except as fo/Iows: OATE AMOUNT DEFENDANT 4, I have carefully read the loregoIng alfldevlt and know it Is true and correct. (SEAL) (SEAL) S/glaflnl 01 Suv/y (May be Bondsman. Ball Agency, Of priwJfe IndMduaI Of otgIWlIzatlon], &cep/ wilen _, IS reI8ased "" his own ItICCJglI2mce (ROR], IhIs IlllSf be sI/7I6d In all bellIIfuaIIons. IndJding ilornInaJ bel, ADDRESS OF SURETY, SURETY COMA\NY OR DEfENDANT Slnt)' No. Of n....... ~ t.;cww No. "E~ 0IfIt ADDI110NAL COPY LISA BARBERA, IN TIlE COURT OF COMMON PLEAS OF Plaint iff CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4412 CIVIL TERM v. ANTIlONY BARBERA, Defendant PROTECTION FROM ABUSE AND NOW, h PROTECTION ORDER this ~ day of September, 1995. upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Anthony Barbera, is enjoined from physically abusing the plaintiff. Lisa Barbera. or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to. telephone and written communications, except for the limited purpose of discussing matters concerning the parties' jointly owned business, Barbera Transport. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. The defendant is prohibited from entering the plaintiff's place of employment. 5, The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. Any issues surrounding the parties' property shall be dealt with by contacting the plaint i ff' s attorney, Robert Frey, Jr" 5 South Hanover St reet, Carl is Ie, Pennsylvania (243-5838). 6, The defendant is excluded from the plaintiff's residence located at 357 Pine Grove Road, Gardners, Cumberland County, Pennsylvania. 7. The defendant is ordercd to stay away from any residence the plaintiff may in the future est/lhl ish for hcrself, 8, Court costs /Ind fees /Irc waived. 9. This Order shall remain In effect for a period of one (1) year and can be extended beyond that time I f the Court finds that the defendant has committed an act of abuse or has engaged In a pattern or practice that Indicates risk of harm to the plaintiff, This Order shall be enforceable In the same manner as the Court's prior Temporary Protection Order entered In this case. 10, This Order may subject the defendant to: I) arrest under 23 Pa.C.S. 66113; II) a private crimln"1 complaint under 23 Pa,C.S. 66113.1; III) a charge of Indirect criminal contempt under 23 Pa,C,S. 66114, punishable by Imprisonment up to six months and a fine of $100.00-$1,000.00; and Iv) civil contempt under 23 Pa.C.S. 66114.1, Resumption of co-residence on the part of the plaintiff and defendant shall not nUllify the provisions of the court order, 11. The Pennsylvania State Pol ice shall be provided wi th a cert i fied copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violat ion is comml tted in the presence of the police officer, In the event that an arrest is made'under this section, the defendant shall be taken without unnecessary delay before the court that issued the order, When that court is unavailable, the defendant shall be taken before the appropriate district justice, (23 P,S, 6 6113).~~ ~ ~~<-~ ? -,: ' (Lj> " ~ ~. 9' ~~ Joan Carey LmAL SERVICP..s, INC. .~ I'~ t2 6 Attorneys for Plainti~I', . .I.e!. :. \J\ ~ ;:;: ~ , ;':1 i ih j': '~I d:l5 Anthony Barber" Defendant LISA BARBERA. Plaint! ff IN 11m COURT OF COMMON PLF.AS OF v. CUMBERLAND COUNTY. PENNSYLVANIA NO. 95-4412 CIVIL TERM ANTIfONY BARBERA, Defendant PROTECTION FROM AIIUSE aJNSJoM AGRP.&lP.m' -110../ This Agreement is entered on this /1 day of September, 1995, by the plaintiff, Lisa Barbera, and the defendant, Anthony Barbera. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC. i the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Anthony Barbera, agrees to refrain from abusing the plaintiff, Lisa Barbera, or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff inclUding, but not limited to, telephone and written communications, except for the limited purpose of discussing matters concerning the parties' jointly owned business, Barbera Transport, 3. The defendant agrees not to harass and stalk the plaintiff and not to harass her relatives, 4, The defendant agrees not to enter the plaintiff's place of employment. 5, The defendant agrees not to remove, damage, destroy, or sell any property owned by the plnlnt I ff or joint Iy owned by the part ies, Any issues surrounding the parties' property will be dealt with by contacting the plaintiff's divorce nltorney, Robert Frey, Jr,. 5 South IInnover Street, Carlisle, Pennsylvan ill (243-5838). 6, The defendant ngrees to stllY away from the plaintiff's residence located at 3~7 Pine Corove Rom!, Garrlners, Cumberland County, Pennsylvnnill, 7. The defendant agrees to stay away from any residence the plaintiff may In the future establish for herself. 8. The defl'ndant, although entering into this Agreement, does not admit the allegations made in the Petition. 9. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (I) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a paltern or practice that indicates risk of harm to the plaintiff. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protect ion Order entered in this case. 10. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C,S. g6113j ii) a private criminal complaint under 23 Pa.C,S. g6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. g6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S, g6114.1. WHEREFORE, the part ies request that a Protect ion Order be entered to reflect the above terms. ~ ~...'- L sd B'Irbe~~t i ff Carey, Attorn Plaintiff ~~olf~nt LBJAL SERVICES, INC. 8 Irvine Row Carlisle. PA 17013 (717) 243-9400 '" \.j "'!. _'r' 'J f ~ l . l-:~,~ -\ .-- ...' >,-t: " ~ u ~. ~..; ~ ~ 0..; '1 ~ f' <S &on !:"" .. &:'"-' ,a5 , ~t.":-j"" ", _:r.c.:.'i; ..... ,~~.'lU'"'1 t..IAo'~O~ ",.,. (;....~ z "., _..l'd.J..'~'<;:-'; ~J:FJ~ ' -::r .- Il) Iu.c _ ~.,:ctJ'JLi.J A.. t-:a; (L' .~ l....=' _. O&:,.:> ri{'. ,. 1:' f { l ~ . ~' . ," ~; ," !"i;; ".'.' .,.:',; . 'oj: L j, ",I ;' L .< I: . - V,~f" .... ir., ii', j) i ~L ".> 'l :..\.'. ;i ",'",; ;,; ^;' li,I'" 'r LI, . /" l~i C;' h \' L 'I : ,J ~ : t) 1 ii ~. , .1' ",{. ~; l ,'I; ,; .' , . ,. ~ .,.\.';- <1(: , ~:; ,'1 , ,': ;~, <, (:: ;'."' ;..". ,', "., i:- ~ COMMONWHALTH OF PBNNSYLVANIA ) . COUNTY OF CUMBBRLAND ) SS: OCA: tJ9-9&, - t,&,i' TO: R. Thomas Kline, Sheriff, or any duly authorized law enforcement officer. RB: ANTHONY JOSBPH BARBBRA DOB: 5/24/46S0CIAL SBCURITY #261/76/3011 SBX: M RACB: WHI HT:~WT:190 UNKNOWN L\(A' III ~~ E p... c. ~ . ~ I-lnllyll?.., IfOInC B'lBS:HAZBL HAIR:ImQ....OTN: NONB FBI:863632B Issue the Warrant of Arrest for Violation of Protection from Abuse 95-4412 CIVIL WHBREAS, the defendant above named violated a court order directing him to refrain from harassing and stalking the plaintiff, or placing her in fear of abuse. WHBREAS, this Court on AUQUst 30. 1996 directed a Bench Warrant issue for the apprehension of the defendant. This is therefore to command you to arrest the defendant above and bring the defendant before me at Carlisle, Pennsylvania, without unnecessary delay to be dealt with according to law. WITNESS the undersigned Judge, at Carlisle, day of SeDtember J. A.D., 19.2&.-. ATTBST: -3h~~. --B :""d.. .D~ Cr:,P>1l.U 9F 'f'~w- (SHAL) d IN ~~~.,,~PLFAS r.ILr.D-OFr\C~ ~I~'" '-I r; - ,..-,!,.......,....,itt\Y ~ ~ err," "'011 ~EP :l ~tlt'96 . 1INl'IJ:M' JOSEPH BMBERA "f: C'r:" ~G \,;',7: :,. 95-4412 CIVIL ;; ) .' L j 1\' ,..' \~._ I, Willilll1l Diehl, Deputy Sheriff be~, pw..y, S'NOfTl, by)4W saYSI ;1Iiiii on' ~J\3l11f'a996 the Bench Warrant previously issued for tHe-IiliOVe,~ :~ject was RECALLED per the District Attorney's Offi'Ce. . Fei','''''.'''' CXJ.!.QME&.I.TII OF PENNA. vs Sheriff Costs: $0.00 So 1\nswers; at']1.~7 Wi~ Deputy r '.-:) r) (n . I -. .... ..- ~ P) ; ::'J (OJ ..1 ,.,~ '^l;-n ~~ - .c"J ii;, u ; ..~ t) c: ; =ij " l~,~ ,;;'" r :':'~I ~~. ~? .'::'~ , ::':" :..] -. 0- -<. . I,lsa 8arboru, IN TilE COURT OF COMMON PI,EAS OF CUMBERI,AND COUNTY, PENNSYINANIA CIVIL ACTION - LAW Plnlnt.lff VB. Anthony Bnrbera, Defendnnt. NO. 95 - 4412 CIVIL PROTECTION FROM ABUSE AND NOW, OTECTION 0 of Oclober, 1996, after hearing on the plalnt.lff's Petition for Ext.ension of Prot.ect.lon Order In the ahove captioned matter, t.he following Order ia ent.ered: The Protection Order entered on September 15, 1995, In the above cnptioned cnse is extended for one year from the date of the entry of this Order for Extension of Protection Order. A copy of the Protection Order ia nttnched. Certified copies of this Order for Exlenaion of Protection Order will be provided to the npproprinte pollee departments by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where n violation occurs by arrest for indirect criminal contempt wllhout warrant upon probnble cauae that t.hls Order has been violnted, whether or not. t.he violntlon is commit.t.ed in the presence of the police officer'. In the evenl lhnl nn Ill'rest Is mnde under t.hls section, the defendllnt shnll be !.lIken wlt.hout. unnecessary delay before the court thnl issued lhe order. When thul court Is ......-.... 10- /11-7' -l-rvtJ uL -h ~i,...e,L~~ r J~ /'t...v~, ~ c.n....~ unavailable, the defendant shall be taken before thp appropriate district Justice. (23 Pa,C.S. g 6113). By the Court, Joan Carey Legal Services, Inc. Attorney for Plaintiff Carol J. Lindsay Flower, Morgenthal, Flower Attorney for Defendant (\.~"...~....L /0/,"/9". -0.--- ....l',:>, & Lindsay ',-j ~..:..: :~\::; J ,.~~ ..1 t.,"' G',., :,; .- ~'I ' 'J r-.-) .. _v.... /,.,.. --~ :.:;'::,j ,L L.i LISA BARBERA, IN THE COURT OF cotoM)N PLEAS OF Plaintiff CUMBERIRID COUNTY, PENNSYLVANIA v. ANTHONY BARBERA, NO. 95-4412 CIVIL TERM PROTECTION FROM ABUSE Defendant PROTECI'ION ORDER AND NOW, this J~~day of September, 1995, upon consideration of the COnsent Agreement of the parties, the following Order Is entered: 1. The defendant, Anthony Barbera, Is enjoined from physically abusing the plaintiff, Lisa Barbera, or from placing her in fear of abuse. 2. The defendant Is enjoined from having any direct or Indirect contact with the plaintiff Including, but not limited to, telephone and written communications, except for the limited purpose of discussing matters concerning the parties' jointly owned business, Barbera Transport. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. The defendant is prohibited from entering the plaintiff's place of employment. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. Any issues surrounding the parties' property shall be dealt with by contacting the plaintiff's attorney, Robert Frey, Jr., 5 South Hanover Street, Carlisle, Pennsylvania (243-5838). 6. The defendant is excluded from the plaintiff's residence located at 357 Pine Grove Road, Gardners, Cumberland County, Pennsylvania. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself, 8. Court costs and fees are waived. " 9, This Order shall remain in effect for a period of one (1) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 10. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. 66113.1; iii) a charge of indirect criminal ccntempt under 23 Pa.C,S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 11. The Pennsylvania State Po lice shall be provided wi th a cert Hied copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is ccmmitted in the presence of the police officer. In the event that an arrest is made'under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable. the defendant shall be taken before the appropriate district justice. (23 P.S. 6 6113). By the Court, I.; I .1}~ ,,- <' {j;j!i"-" George E. offer, Judg Joan Carey LBJAL SERVICES, INC. Attorneys for Plaintiff Anthony Barbera Defendant -r~.'- ..........." ..~'"'. I ~r:-f"Il."l'\ , .' .' .., :>-... l,:1.....J.\t,I 7 .' C,,",I nand '.; :' ' , ,'], In..; ISd.. "':1 c; ..J..~..;t, 19 9!>- ..:.& '", . ........ ......,..,....~....:,..i~,~'p~r~~.._.. . .J CERTIFICATION OF PFA CONTEMPT Case Number qS- q. 4/2. tw.c:l T~ Name ~ ti~ /ZLI-? ~.l.MI.-I,~:e.1d ~_ '&<,~/....b ~ II- ~()OB9 Victim's Name: ~~~ Balance Due: $ 711, tit) 170 State Surcharge 171 State Fine ADD DELETE $ $ $ $ $ 10.00 $ $ $ $ $ 260 Sheriff Cost ($1.50 + any addtl) 207 District Attorney 204 Court Costs (Clerk of Court) 15.00 502 Restitution Name f~~~ &~ Address $ 'is: So $ City State Zip Name $ $ Address City State Zip Name Address City S ta te <lip Prothonotary Office Person CertifYJ.ng Information f}j'yded....tl. }y~ Date ~~6 The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Pennsylvania State Police and Silver Spring Township Police will be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice, (23 Pa.C.S. 6 6113). By the Court, Lisa Barbera, IN THE COURT OF COMMON PLEAS OF Plaintiff vs. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Anthony Barbera, Defendant NO.9)" - 4412 CIVIL PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a Judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the Judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afCord one, go to or telephone the office set forth below to find out where you can get legal help. COURT ADMINISTRATOR ,II tj, FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. RLED{)r-F\CE "'~ " ",'. r '''''"",,,rT''''Y I I" .' - .- " -"J h.'l 9& Sr.? I 3 ri'i [I: 06 Q-13-'1<o I"'''I~~ ,~ T!. CO IVI!..l" -\;:) L.oS. '-I I' .,',.' ' , . ' "," .\:rr v....,.,...~,.,.... _",f ....,........1. PEl ~N5Yl)/;'.:'l~\ \ ,,-' ~.' ,~'.' ,', . , ,. '.. Lisa Barbera, IN THE COURT OF COMMON PLEAS OF Plaintiff vs. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9!f - 4412 CIVIL PROTECTION FROM ABUSE PETITION !O~ EXTENSION OF THE PETITION FOH PROTECTION FROM ABUSE 23 Pa.C.S. B6108(e) Anthony Barbera, Defendant The plaintiff, Lisa Barbera, by and through her attorney, Joan Carey, of Legal Services, Inc., stat.es the following: 1. The plaintiff filed a Petition for a Protection Order on August 18, 1995, and a Protection Order was entered on September 15, 1995. See attached Exhibit A incorporated herein by reference. 2. The plaintiff requests an Extension of the Protection Order for reasons including, but not limited to, the following: a. On or about April 30, 1996, the defendant telephoned the plaintiff at her place of employment and threatened her saying that he would "kick her ass". b. On or about June 21, 1996, the defendant telephoned the plaintiff at her place of employment and threatened her saying that he would harass her at work so she would lose her job, call the vice president of the company and harass her into firing the plaintiff, "rip out" her boyfriend's heart and kill his children causing her to fear for her safety. c. On or about August 28, 1996, the plaintiff filed a Petition for Contempt of the Protection Order and a bench warrant was issued for the defendant's arrest by Order of August 30, 1996. See Exhibit B attach and incorporated by reference. "':~~'- d. On or about September 9, 1996, as the plaintiff waa sitting outside, the defendant drove his tractor-trailer truck by the plaintiff's place of employment moving slowly with the four-way flashers on and applying the brake causing her to fear for her safety. The plaintiff contacted the defendant's employer and found out that his delivery or pick-Up route was not in the Cumberland County area which exacerbated her fears. WHEREFORE, the plaintiff asks that the Protection Order dated September 16, 1996, be extended for another year based on the above incidents. Respectfully submitted, ~~ Attorney for Pla ntiff Legal Services, Inc. a Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named plaintiff, Lisa Barbera, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 64904 relating to unsworn falsification to authorities. c;I13/9~ L~~/? Lisa Barbera, Plaintiff Date , LISA BARBERA, IN 11IE <XXlRT OF c:a.M>N PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4412 CIVIL TERM PROTECTION FROM ABUSE v. : AN'IlfONY BARBERA, Defendant PROI'ECI'lON ORDER AND NOW, this ll);ti..day of September, 1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Anthony Barbera, is enjoined from physicallY abusing the plaintiff, Lisa Barbera, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of discussing matters concerning the parties' jointly owned business, Barbera Transport. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. The defendant is prohibited from entering the plaintiff's place of employment. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jei"t1y owned by the parties. Any issues surrounding the parties' property shall be dealt with by contacting the plaintiff's attorney, Robert Frey, Jr" 5 South Hanover Street, Carlisle, Pennsylvania (243-5838), 6. The defendant is excluded from the plaintiff's residence located at 357 pine Grove Road, Gardners, Cumberland County, Pennsylvania. 7. The defendant Is ordered to stay away from any residence the plaintiff may In the future establish for herself. 8. Court costs and fees are waived, Ey.h, btl'; A .' 9, This Order shall remain in effect for a period of one (1) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection order entered in this case. 10. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 11. The Pennsylvania State Police shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violat ion is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S, 6 6113). By the Court, /51 ~i1e4iR",-l' !.I:#.<.j George E. offer, Judge Joan Carey rmAL SERVICES, INC. Attorneys for Plaintiff Anthony Barbera Defendant -~II- ,"__~' .......-' , "",..._,,,_,:,,\ , '. . .. t. ,_' ....:.\:..." I. ii).i .: -;1'{ hand '" . __", ... ....' ';; ..., ,,-...:,i.!d~, Pi). IS'tx. d;: <Ii ~t" 19...~,1 .II 'J - y.~ ' " .., ......'!"H~,. U 'v'::. ......'4,.,......, ~Y~7j Proll1unJlary ;":':'; LISA BARBERA, IN 11IE COURT OF cot.M>N PLEAS OF CUlBERLAND COUNTY, PENNSYLVANIA NO. 95-4412 CIVIL TERM PROTECTION FROM ABUSE Plaintiff v. . . AN1lfONY BARBERA, Defendant OONSFNI' AGRF.FJIIlm' 0/-1<./ This Agreement is entered on this /1 day of September, 1995, by the plaintiff, Lisa Barbera, and the defendant, Anthony Barbera. The plaintiff is represented by Joan carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney, The parties agree that the following may be entered as an Order of Court. 1. The defendant, Anthony Barbera, agrees to refrain from abusing the plaintiff, Lisa Barbera, or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff inclUding, but not limited to, telephone and written ccmmunications, except for the limited purpose of discussing matters concerning the parties' jointly owned business, Barbera Transport. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass her relatives. 4. The de~endant agrees not to enter the plaintiff's place of employment. 5. The defendant agrees not to remove, damage. destroy, or sell any property owned by the plaintiff or jointly owned by the parties. Any issues surrounding the parties' property will be dealt with by contacting the plaintiff's divorce attorney, Robert Frey, Jr., 5 South Hanover Street, Carlisle, Pennsylvania (243-5838). 6. The defendant agrees to stay away from the plaintiff's residence located at 357 Pine Grove Road, Gardners, CUmberland County, Pennsylvania. .. . 7. The defendant agrees to stay away fro. any residence the plaintiff may in the future eatab1ish for herself. 8. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 9. The defendant understands that the Protection Order entered In this matter will be In effect for a period of one (1) year and can be extended beyond that time If the COurt finds that the defendant has committed an act of abuse or has engaged In a pattern or pract Ice that Indicates risk of harm to the plaintiff. The defendant understands that this Order wili be enforceable In the same manner as the COurt's prior Temporary Protection Order entered in this case. 10, Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. 16113; Ii) a private criminai complaint under 23 Pa.C.S. !6113.1; Hi) a charge of indirect criminal contempt under 23 Pa.C.S. !6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. 16114.1. WHEREFORE, the parties request that a Protection Order be entered to reflect the above terms. ~AL- Lisa Barbera. Plaintiff ~ & L..". ~1!:tJjf!:!~t LmAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 ( 717) 243-9400 V. 95-4412 CIVIL . LISA BARBERA, 1?laintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL~ANIA ~ ANTHONY BARBERA, : Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ~_~ ORDER OF COURT AND NOW, this ~ day of August, 1996, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, ANTHONY BARBERA. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal procedure. Furthermore, after appearing before the District Justice the defendant is advised to appear before the Court Administrator at the open of the next business day. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the curt, J. Michael S. Schwoyer Chief Deputy District Attorney ANTHONY BARBERA .., ... .' '. I'; , . "0'" . E i-h,h,t ;1 _ no' ~_._____ ~..- ._. - -. . .._--~...- -... )' ' - .' ~ ,~._;. -. .-_. ~::.~=~-=_.:.::: ._- .-.-"-- l . v. 95-4412 CIVIL ANTHONY BARBERA, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Michael S. Schwoyer, Chief Deputy District Attorney of Cumberland County, Pennsylvania brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached private criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt charge upon information received. 4. The District Attorney's Office approves the filing of this private criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S6113. 6. The plaintiff and the defendant seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. S6117. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect criminal Contempt. Attorney ____. - . '. -0- _ _ .' __.,'._.___. .._____ - .... ..'_. -- ..--.- ---- MAGISTERIAL DuiTRICT NU, v"-,,-v, 5002 Lenker st. 1031 ASpen Building Mechanicsburg, PA, 17055 INCIOENT NUMBER UCR NO. H2-885192 260 OTN I, '!'pr. Nicholas E. NE.WCASTER 1/7041 (Hamt o{ A/flG"'} of Pennsylvania state Police - Carlisle Ildt,tf'/Y cJrpa"m,", or .,,"t'y Hprtll""d and politi".' subdM"onJ COMMONWEAL TH OF PENNSYLVANIA DEFENDANT VS. NAME rArithony,JOseph BARBERA W/N/M/50 . AND U-'-.... _~_as " '.. 'J, f IJ,l\.l..,....~- ~-~ ADDRESS DOB: 05/24/46.<;' ~. SSN: 261-76-3011 ;, " " . .... ,-"I'!. .':'~~;~~L'. , .".)". ,\ '.,~ :."~~" ' i.;~,n.:t.'; ,"t,' . " . '.-'!; .I.',f ~'::.~,. -: ..t'" R.S,A AKA -"~. : ~? do hereby state: (1 ) Kl I accuse the above named defendant, who lives Btthe address set forth ahove or, : 0 I accuse an individual whose name is unknown to me but who is descrihed as .l; ~ . t '" < .. f; M " . ~ o his nickname or popular desillllation is unknown to me and, therefon', I havl' desillllated him herein as John Doe; with violating the penal laws of the Commonweallh of Pl'nnsylvania at shaffer TrUckinq Inc. Main st p.a Box 418 New Kin stown ",,,,,,""'''''.''\.''''''''''''/ silver springs TWp. in County on or shout Participants were "1 "II"'" w",,' pU"'C'IPQtln. plQct' ",,.,, mltlu'S h,,,. ,,'p,,~"nlt ,II,. U~'"" "I ",....... d('l,.nd~II" (2) The acl.s committed by the accused wl're:@ INDIREX:T auMINAL~: The def. violated an order issued under the Protection Fran Abuse Act, number 4412 Civil 1995, september 15, 1995, by Judge George E, HOFFER. This order prohibits the def. fran having any direct or indirect contact with the victim including telephone camnmications. l'RB\BIB CAllSE AFFIDl\VIT: Victim, Lisa Ellen BARBERA, contacted PSP and stated the def. was making harassing phone calls to her place of business, which included threats of violence. all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary ~o the Act of Assembly or in violation of"," .. 2713 .," and'" ' of the Act of Title 42 Violation of Qrder-PFA (St'''''''''' (Sub.srawlI, - or the"'" '.' Ordinance of tPOlwrfll.\uh411'U'OtlJ (3) I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (4) I, verify that the facts set forth in this complaint are true and correct to the best of my knowledge or infor- mation and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. 84904) relating to unsworn falsification to authorities. AUQUSt 21 ,l!f,!6 7i-" ,.,/\ il.. f ;t/J --- <: (SiRnalu", of At?;;.nl) 7011 AND NOW, on this .19 , I certify the complaint has been properly completed and verified, and that there is probable cause for the issuance of process. (SEAL) (AfaRiJttrial Dillric:t) (luuinJ: Authority) ... . .... ". .., - ..... COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: OCA: , ) TO: R, Thomas Kline, Sheriff, or any duly authorized law enforcement officer. RB: ANTHONY JOSEPH BARBBRA COB: 5/24/46S0CIAL SBCURITY #261/76/3011 UN~OWN SBX: M RACE: WHI HT:~WT:190 BYES:HAZEL HAIR:RR2-OTN: NONE FBI:863632B Issue the Warrant of Arrest for Violation of Protection from Abuse 95-4412 CIVIL WHBREAS, the defendant above named violated a court order directing him to refrain from harassing and stalking the plaintiff, or placing her in fear of abuse. WHBRBAS, this Court on Auqust 30. 1996 directed a Bench Warrant issue for the apprehension of the defendant. This is therefore to command you to arrest the defendant above and bring the defendant before me at Carlisle, Pennsylvania, without unnecessary delay to be dealt with according to law. WITNESS the undersigned Judge, at Carlisle, Seotember J. day of A.D" 19~, ATTBST: -SJu.(L~ CI... -P'1'<~'. L f"<-ta.- C...",ItK BF l:IRT ...;::>_ -ri .".. .., .-w-<.n.c""'-\A.'J (SBAL) ">- ~ -- b~ u~ ~.. t._~ .- .. L- Co' ~ ;~< ~~; :..- ((, . '. -;;.~ ." ~:' ..... " ~; -:..J fi.:~ (., -;., - ,- , , -' , (:.. (J, -'-'j \, ":'i- , .... , , ., .. '- , ',,) i , I I I i r ,~:,fi-;',:.~ ~(?~I' '. ;,'.,"',: ~ ~, ,,~" ''', ,- .' LISA BARBERA. , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 95-4412 CIVIL 1~ V. ANTHONY BARBERA. Defendant PROTECTION FROM ABUSE AND CUSTODY ORDER FOR CONTINUANCE AND NOW, this ;~L( r" day of ~, 1996, upon consideration of the attached Hotion for continuance. the matter scheduled for hearing on Honday, September 23. 1996 at 1:30 p.m. by this Court's Order of September 13. 1996, is hereby continued for hearing on f)C~1 b.t,)., II ,1996, at f: olL4. m. in Courtroom No. 'J,. The Extension of Protection Order shall remain in effect for one year or until modified or terminated by the court, This Order shall be docketed in the office of the Prothonotary and served by mail upon the defendant and his attorney. Certified copies of this Order for Continuance will be provided to the Pennsylvania State and silver Springs Township police Departments by the p1aintiff's attorney, By the Court, , Judge ." ,.-' ......~~ '~,\ V"~ .' :~ : ':- "1-'""\ Jane Muller-Peterson Attorney for Plaintiff ~~ f)'.,,:.(ul - '11~!)/9" . , " _;a, ", l f~ FI +~.S:: (, .~ !.J toO... ," \ .~~ ~~.~ Carol Lindsey Attorney for Defendant ", ,:) .' I .:....._"..J- ....~; ,.~ ,\,,-,:. ' .' Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Hotion and continue this matter for hearing, and that the Extension of the Protection Order remain in effect until further Order of Court. Respectfully submitted, ~,-y\,..'P.. S?&! Jan Huller-Peterson, Attorney for Plaintiff I,EGAL SERVICES I INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ir. ~J ~6 -:J ~., ;" (~ _":i__ . ,/ J ';r " 1 --, "2 t\ .' '-. 2: Ja~ (5":: .,. '_!;:J . (-.' - ~' -. .;~ lJ c. C'J -./" a... :jr5 i!:: lJ.; v; '. ,~~ c.; . I'. ~~ :::i 0 0, u " LISA BARBERA, PlainU ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA 95-4412 CIVIL TERM PROTECTION FROM ABUSE CHARGE: INDIRECT CRIMINAL CONTEMPT VS ANTHONY BARBERA. Defendant ORDER OF COURT AND NOW. October 11. 1996. 11:31 a,m,. Anthony Barbera, having appeared in open court together with personal counsel, Carol Lindsay. Esquire. and having admitted the allegations of the indirect criminal contempt petition. dated August 21. 1996. we do find the petition for contempt to be supported beyond a reasonable doubt, Having so found. sentence of the court is that the defendant pay any costs of prosecution associated with this contempt petition. and that he undergo imprisonment in the Cumberland County Prison for a period of not less than thirty days nor more than six months, We immediatelY place the defendant on parole from service of this sentence on the specific condition that he abide by 011 conditions of the PFA Order entered by this court this morning, By the Court. William I. Gabig, Esquire Assistant District Attorney One Courthouse Square Carlisle. Pa, 17013 For the Commonwealth V:N'f^1~SNN3d P r oba t U'If11tJ f.Jt.ctl:88VmO CCP Carol Lindsay. Esquire 11 East High Street Carl1s Ie. Po. 17013 For the Defendant , l:l~ <':0-0'<"" ~I 1{;>/18 'It,. .},:f , 8&:II~d L11:JU96 Sheri ftUVlo.\'Ol-UOco :JH.i ~O : m t f 3Ol:I:!o-aJl1:1 . .. COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 1995-54412 / TERM & NO. CHARGE: OTN: AFFIANT: ANTHONY BARBERA CASE TRANSFERRED FROM CIVIL DIVISIO IN RE: RULE TO SHOW CAUSE ORDER OF COURT AND NOW, March 24, 1997, in consideration of the attached . petition, the court issues a Rule to Show Cause on the defendant why he should not be adjudged in contempt of court for failing to pay the sums set forth in the petition. The Rule is returnable and the hearing shall be held on April 25, 1997 at 9:30 AM in Courtroom No.4, of the Cumberland County Courthouse, Carlisle, Pennsylvania. Service of the petition to be made on the defendant by Certified Mail, Return Receipt Requested and by regular mail. n ,'.:'r" ~ ... - - By the Court, - c::> I-' C.::l ,A/.1 "........ -< 2': --- ~ !:S District Attorney's Office Public Defender's Office Probation Office v COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. TERM & NO. PROB. NO. CHARGE: OTN: AFFIANT: 1995-54412 37168 CASE TRANSFERRED FROM CIVIL DIVISIO ANTHONY BARBERA IN RE: PETITION FOR RULE TO SHOW CAUSE WHY THE DEFENDANT SHOULD NOT BE HELD IN CONTEMPT OF COURT AND NOW, March 24, 1997, the Probation Office of Cumberland County, respectfully petitions Your Honorable Court to issue a Rule why the defendant should not be held in contempt of court. The defendant has failed to comply with the Court Order dated 10/11/1996. The defendant has failed to: l. Report to the Probation Office in person at the time and date set by the Collections Officer. 2. Make regular payments on the fines, costs, and restitution as agreed. 3. Other: The defendant has agreed to pay $70.50 per month. Date last paid was 0/00/0000. The balance is $70.50. I verify that the facts set forth in this petition are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of section 4904 of the Crimes Code (18 Pa, C.S. @4904) relating to unsworn falsification to authorities. Respectfully submitted, ~k". -"Petit ,:Jl'er C/ ~ Ul (:; .- ~ I-" .. z UJ!:"? - ;~~..' C-).r'. . J.e . fE~ - '?<~ t_l-; U- S,. ~..I_J Ij .,,~ 01', . _ ..J ~'.. ","- , u:'" :,.- --'..... .-=': !"!I!.) f.," ::..: ~.,-.! 0... 1.1.. ~- ().j :.') Q tTo U ,. ~ C:J ~ ~ ", ~R .. :-3< N :r:: 0",. {.if a... U~ ~-c ,..,::.- !._l (7. .." .-J ,. . 11- 0 N < 2 -' .,J~. Ii; I. ' _I :~j~ t- ::;J -: " C': i1 () C"I u.~ ~ >- OZ Ul;l: r.. +.l w C') Z _ <:.J r.. Iii g a: wo w>- '" E~~~ -'Ul ~ ... .'tl ~ D.z C ~~ <::la~ zz ~ '" OW . III tzJt.. ~ 1-0UlZ ::;;D. ...l ~c: a:llll QUw;l: ::;;~ ~C a:CUl:.J H tzJ II: I-Z::l>- Oz > a:l a:l Ul:'jOUl u::l H i tzJ - Z 11.0 U ~ ~ ca:i=z Ou . wWa:w 1-0 N > i=lD::lD. a:z ~ <: ~ ::EO - ... en ~ lL::l W 5:'j ... H ouuuj ua: I ...l wlLW::; WW ll\ ~ uOza: J:lD 0\ _ 0<( 1-::;; 1-1 It u E-o z::l H 0 -u E-o tzJ l:l. . . , , ;.,' Plaintiff IN THB COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA 95-,'i'f'....CIVIL TERM LISA BARBBRA, V. ANTHONY BARBBRA, Defendant PROTBCTION FROM ABUSB AND NOW, ~ this~ day of , 1998, upon to Make Rule consideration of the Commonwealth's Absolute, and upon failure of the defendant to file a timely response thereto; IT IS HBREBY ORDBRED that the Commonwealth's Petition to Make Rule Absolute is granted, and IT IS FURTHBR ORDBRED that the within described evidence is hereby forfeited and should be destroyed in accordance with the law. By the Court, William I. Gabig Senior Assistant District J. William Braught Assistant Public Defender Trooper Jeffrey Kolodzi Pennsylvania State Police - Carlisle 1:."\).~,l) ~""- ~ l..J.a,'( ~, . LISA BARBBRA, IN THB COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA 95-1142 CIVIL TBRM Plaintiff V. ANTHONY BARBBRA, Defendant PROTBCTION FROM ABUSB PBTITION TO MAKB RULB ABSOLUTB AND NOW, comes William I. Gabig, Senior Assistant District Attorney of CUmberland County, Pennsylvania, who respectfully avers the following: 1. On February 4, 1998, the Commonwealth filed a Petition for Destruction of evidence. (See Attachment A) , 2. A Rule to Show Cause, returnable within 20 days from the date of service, was signed by the Honorable George B. Hoffer on February 5, 1998, 3. On February 6, 1998, said rule was served upon counsel for the defendant, William Braught, and mailed by certified mail to the defendant'S last known address. 4. To date, there has been no response to the Rule, although the time for response has passed. WHBREFORE, the Commonwealth respectfully requests this Honorable Court to make the above Rule absolute and grant the Commonwealth's Petition, Respectfully submitted, Wi\~~am ~~~ ~g Senior Assi;~nt District Attorney COMMONWBALTH IN THB COURT or COMMON PLBAS or V ANTHONY BARBBRA I I I I I I CUMBBRLAND COUNTY, PBNNSYLVANIA 1995- 4412 IN RB I BBNCH WARRANT ORDBR or COURT AND NOW, this 25th day of April, 1997, a bench warrant is issued for the arrest of the defendant. By the Court, William I. Gabig, Bsquire Sr. Assistant District Attorney Probation .4iL Hess, J. Sheriff Ibg Vltl'lI.\kSlllf:ld J,lUIlOJ \lllo;,lllfa~~o Sl\l'l,:" 1,,~.l:I :ill! ,:u.<l.n\~ L6. ~~ 9E \\ GZ \Idl ~ ,... "I ~ ~ It: .'- .. ::1< UJG 9 v'" ~)~. :c (-j~ ~t-' .;: r1~j ,I.r C"lC-; :';>- "'-I ~ ~~ HJ @, N )'.)' 'L\ '7-: 2~~! u :,11.1:1 l.W ;)')0... F~' t::J -...: u. co => 0 0' U