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HomeMy WebLinkAbout95-05286 1 1 ~ , J I I , I , i ! i . I STACEY CIUCCI, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . . . CUMBERLAND COUNTY, PENNSYLVANIA . v. . . : NO. 95-$.7Pl.. CIVIL TERM CHRISTOPHER CIUCCI, Defendant PROTECTION FROM ABUSE : AND NOW, this TmDO~YPRMB~IO.ORDn II rr. ~JU- ~ day of Saptembe~, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, STACEY CIUCCI, now residing at 15 East First Street, Boiling Springs, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, CHRISTOPHER CIUCCI, the following Temporary Order is entered. The defendant, CHRISTOPHER CIUCCI, SSN:UNKNOWN and ooB:11/27/71, now residing at 1416 Bradley Drive, Pheasant Run H314, Carlisle, CUmberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, STACEY CIUCCI, or placing her in fear of abuse. The defendant is excluded from the residence located at 15 E. First Street, Boiling Springs, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties. The defendant is ordered to refrain from having any contact with the plaintiff except by mail. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff'S relatives. The defendant is enjoined from entering the plaintiff'S OCT 5 II 36 ~H '95 ,...,. . t .(+' 1'(1, . . Jf, 'j' i) . 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 violation of this Order aay subject the defendant to: i) arrest under 23 Pa.C.8. 5'113; ii) a private cr~inal complaint under 23 Pa.C.8. 5'113.1; iii) a charge of indirect criminal cont..pt under 23 Pa.C.8. 5'114, punishable by ~prisoDaent up to six months and a fine of $100.00-$1,000.00; and iv) civil cont..pt under 23 Pa.C.8. 5'114.1. Resuaption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court 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 J~' day of October, 1995, at J /' ~~. ~.m., in Courtroom No.~, cumberland I County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees 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 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 and Carlisle Police Departments will be provided with certified copies 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, , Judge STACEY CIUCCI, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : : NO. 95-J"Jjb CIVIL TERM CHRISTOPHER CIUCCI, . . Defendant . PROTECTION FROM ABUSE . . 0 T I C B 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. PUS MlD 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, go to or telephone the office set forth below to find out where you can get legal help. COURT ADMINISTRATOR, 4th 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. PETITION FOR PRMICTIOH ORDIR RILIII' UNDER THE PRMECTIOH FROM ABUSB ACT, 23 Pa.c.S. 5 '101 et seq. A. ABUSE 1. The plaintiff, STACEY CIUCCI, is an adult individual residing at 15 E. First Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The defendant, CHRISTOPHER CIUCCI, SSN:UNKNOWN and DOB:11/27/71, is an adult individual residing at 1416 Bradley Drive, Pheasant Run H314, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant is the husband of the plaintiff. 4. Since approximately 1995, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury 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 September 24. 1995, the defendant threw a stack of sheets at the plaintiff, pushed her forcefully against a wall, and said, "You want marks, I'll give you marks." The defendant punched the plaintiff in her back, causing the plaintiff to hit the wall and fall into a corner. The defendant then kicked the plaintiff in the thigh and ribs approximately three times. When the plaintiff was able to get away, she called 911 and the police removed the defendant. The plaintiff received treatment at Dr. Donald Kovac's office for injuries including bruising to her thigh, ribs, and back. b. On or about July 22, 1995, the defendant threw a picture to the floor, causing the picture to break. The defendant then grabbed the plaintiff by the arms and dragged her around the house and shook her violently. The defendant then shoved the plaintiff forcefully into the bathroom door. 6. 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. 7. The plaintiff desires that the defendant be prohibited from having any contact with the plaintiff except by mail. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff'S relatives. 9. The plaintiff desires that the defendant be restrained from entering her place of employment. 10. 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. BXCLUSIVE POSSBSSIOH 11. The home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of stacey and Christopher Ciucci. C. ATTORNBY I'BES 12. 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 Pa.C.S. S 6101 ~ ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 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 contact with the plaintiff except by mail; 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 15 E. First street, Boiling Springs, 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. 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 contact with the plaintiff except by mail. 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. The above-named Plaintiff, STACEY CIUCCI, 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. ~4904, relating to unsworn falsification to authorities. Date: q/d-'iJqS ~~~ '-' )/ Cc~LL(-1-'___ Stacey ~~- Plaintiff ~, -.;... "" - J J ~ -i ....... ..-:"') ~ ,~ p', 1;) "" L-) "" , .... . :C) . ~ .~ l @-- t- .> ~ . STACEY CIUCCI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5286 CIVIL TERM PROTECTION FROM ABUSE Plaintiff v. CHRISTOPHER CIUCCI, Defendant AND NOW, ~OTECTION ORDER this t~ day of October, 1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, CHRISTOPHER CIUCCI, SS:UNKNOWN and ooB:11/27/71, is enjoined from physically abusing the plaintiff, STACEY CIUCCI, or from placing her in fear of abuse. 2. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 3. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 4. The court costs and fees are waived. 5. This Order shall remain in effect for a period of one year or until modified or terminated by the Court after notice or hearing and may 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. 6. This Order may subject the defendant to: i) arrest STACEY CIUCCI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5286 CIVIL TERM PROTECTION FROM ABUSE Plaintiff v. CHRISTOPHER CIUCCI, Defendant CONSENT AGREEMENT This Agreement is entered on this I\~ day of October, 1995, by the plaintiff, STACEY CIUCCI, and the defendant, CHRISTOPHER CIUCCI. 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, CHRISTOPHER CIUCCI, agrees to refrain from abusing the plaintiff, STACEY CIUCCI, and placing her in fear of abuse. 2. The defendant agrees not to harass and stalk the plaintiff and harass the plaintiff's relatives. 3. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 4. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 5. The defendant understands that the Protection Order entered in this matter shall be in effect for a period of one year or until modified or terminated by the Court after notice or hearing and can be extended beyond that time 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. 6. The defendant understands that this Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. WHEREFORE, the parties request that a Protection Order be entered to reflect the above terms. S~ ~:p Stacey C' ~-J /' I~ Carey . Atto:ney for p~intiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 ~ ~ . , . ~ - :r.: L U- . ,... :r ,:o.J ~ } - - ti = . , j~. .lJ' "- <> it . j ..; :d .. 0\3 :r-, a- 'J 4 l' SHERIFF'S RETURN, REGULAR CASE NO: 1995-0528b P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND C lUCC I STACEY _._____,_.,_..,___ VS. CIUCCI ~HRISTOPHER _10DY SMITH ___,_, SherIff or ['eputy ShE'r1f1 of CUMBERLAND County, Pennsylvan1a. who be1ng duly aworn accord1ng to law, saye, the with1n PROTECTION F~OM ABUSE upon CIUCCI CHRISTOPHER was served the defendant, at 1255: 00 HOURS, on t he !~t h day of Qc::J;ob_~.L_.._____..___ 1995 at CUMBERLAND CO. SHER IFF' S PEPT. O_NE.,..@U!UHQ.US.E SQUARE CARLISLE. PA 17013 , ~UMBERLAND.____, County. Pennsylvan1a. by hand1ng to ~RLSTQ[>>~lL~IUCCI a true and attested copy of the PRO~ECT19N FR~ABU~__ together V1 th TEMPORARY PROTECTION ORDER AND ..F:;J'_I1:ION__,_____, and at the same tJ.me direct1ng H13 attentH'n to the contents thereof. Sheriff's Costs: Docketing ServJ.ce AffJ.davJ.t Surcharge "r~~ 18.00 .010 .00 . \,)0 h~-'lfil~ ma's- KITn(~--~ne-rTIT.------- SIF.1'111l 00/0Ql/0000 by ,Jo d 1.1 51/u.W -- ..---.- -,. ".-'...L-Tie-~UTyh51ie'r ~ f f I i 1 I I i I , Sworn and Eubscrlb~d to b~fQr~ ~0 thu; If~ day of CP~a.. 19 qi' A. P. () " A..M.. --~~-,_.."~(\ri~6_~-f.~ STACEY CIUCCI. Pla1nt1ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs. No. 95-5286 PROTECTION FROM ABUSE CIVIL TERM CHRISTOPHER CIUCCI. Defendant PRAECIPE TO WITHDRAW ACTION On October 4th. 1995. thelDla1nt1ff f1led a Pet1t10n for a TemDOrary Protection Order. and an Order ~as entered on that date. On October 12. 1995. a final order~a8 entered, At th1s t1me the Dla1ntiff reQuests that the Protection Order be vacated and no further leRal action be Dursued by counsel. To la~rence E. Welker Prothonotary 19_ No. 96-5286 CIVIL TERM STACEY CIUCCI. Plaintiff VS. CHRISTOPHER CIUCCI. Defendant P RAE C I P E Filed NOVEMBER 29. 1995 Joan Carey , Atty. LEGAL SERVICES. INC. ,". - -- . . c:> ~-: " . t~: ',.:..P ~ -, .. .... ," ,-.. i.J.j ; "-".LU.'.,:: '~ -"-:';0 - .,. r":. .~~. ". ~.- ;;';'..J;i.