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HomeMy WebLinkAbout95-05340 , /' JJ- . 1IeBiI, Judie v. IN THE COURT OF COMMON PlEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6340 CIVIL TERM PROTKCTION FROM ABUSK AND CUSTODY Oaroline M. Cardone, plaintiff Richard R. Cook, Defendant PROER FOR CONTINUANCB AND NOW, this 12." day of October, 1996, upon cons idoration of the attached Hotion for continuance, the matter scheduled for hearing on October 13, 1996, by this Court's Order of October 6, 1996, is hereby rescheduled for hearin~ on October 16, 1996, at 11:30 a.m. in Courtroom No.4. The Te.porary Protection Order shall remain in effect for one year or until modified or terminated by the court. 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. certified copieR of this Order for Continuance will be provided to the Pennsylvania state and the Middlesex police Departments by the plaintiff's attorney, By the Court, . " " (I Joan Carey _'1Apl I'lf"" ;0,1 · Attorney fo~ Plaintiff Richard R. cook P 5 'I IJ 1 f ro e ,'1."'.'.,,( J 8 G oJ) I Ii j ~i ~S -..J . )-( \., 8: - < j:, :'.' J ,."",1 I" I 1.'(.' r '1', I" , ~ -.. ,',' If' , , . I , ( ,. , ,-;, " :di' 'I " .., , 1;,11.1 ; i :1' , , . . ~ I. 1 i!1 , , , 1 i ~ Hi jl,; ,',il , I i i ','. 'd " 'iq <p ~ ' I. ,,1; '; J'" "elj ; t'J il 'i': 1\ It. l _ ,I i ~ ,; j , '1 ;j :i"'!l ; it , , " ;,1 ill ,. .J '. " , , !,:.! Ft':; I '.' 'Ii L' 'I' { J -~ i I \ - I \ 1- t I - " I ~1ii'h;! ! II'" l'i'liii' 'I' I L!,\.iU-j ; i.i- -:1; ! j. H :, ii' i i l. ' I '!,n d'!:~ I ,jj ;'11 , '-j i! ii,'. OV1i ,j i ; iii, i!l Caroline M. Oardone, Plaintiff IN THE COURT OP COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6340 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY v. Richard R. Cook, Defendant MOTION FOR CONTINUANCE The plaintiff moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds thatl 1. A Temporary Protection Order was issued by thia Court on October 6, 1996, scheduling a hearing for October, 13, 1996, at 3;00 p.m. 2. The Cumberland County Sheriff's Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order. 3. The parties agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 6. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State and the Middlesex police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requeats that the Court grant this Hotlon and reschedule this matter for hearing, and that the of Court. Respectfully submitted, Te.porary Protection Order remain in effect until further Order '~_-IJ ~/c.L- oan Carey, Attor for Plainti ff LEGAL SBRVIOES, INO. a Irvine Row Carlisle. PA 17013 (717) 243-9400 ~ " ,. ~1'. - " ".-:; " , ,,,, ;% l-.l ...- .- u " , c.:> dO; ,'!',.'! "j ij' ,. ,; ;f-tt!.!.,)" 'I. ,. " Caroline H. Cardone, plainti ff IN THE COURT OF COHHON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- 5" j '/oCIVIL TERH Richard R. Cook, Defendant PROTECTION FROH ABUSE AND CUSTODY PROTKCTIOH ORDIR AND NOW, thia TEMPORARY t;lIl day of October, 1996, upon presentation and consideration of the within Petition, and upon findinl that the plaintiff, Caroline H. Cardone, now reBidinl at 66 E. Hain street, P.O. Box 106, Walnut Bottom, Cumberland County, PennBylvenia, is in immediate and present danler of abuse from the defendant, Richard R. Cook, the followinl Temporary Order is entered. The defendant, Richard R. Cook, (SSN: unknown and date of birth: 1/26/61) now residinl, to the best of plaintiff's knowledle, at Route 11, Newville, Cumberland County, Pennsylvania, is hereby enjoined from physically abusinl the plaintiff, Caroline M. Cardone, or placinl her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 66 E. Main Street, P.O. Box 106, Walnut Bottom, Cumberland County, Pennsylvania, a residence which iB rented by the plaintiff and from which the defendant voluntarily moved except for the limited purpose of transferrinl cUBtody of the parties' child. The defendant shall remain in his vehicle at all times during the transfer of custody. The defendant is ordered to stay away from any residence the plaintiff mAY in the future establish for herself, except for the limited purpose of transferrin. custody of the parties' child. The defendant shall remain in his vehicle at all times durin. the tranBfer of custody. The defendant is ordered to refrain from havin. sny direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitatin. custody arran.ements. The defendant is enjoined from hsrassin. and stalkin. the plaintiff and from harass in. the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment. The defendant is enjoined from removing, d.maging, deBtroying or sellin. any property owned jointly by the parties or owned solely by the plaintiff. A violatioD of tbis order ma, uubject tbe defendant to: i) arrest under 23 Pa.C,S. 18113; ii) . private criainal complaint under 23 Pa.C.S, 18113.1; iii) a cbarge of indirect criainal conteapt under 23 Pa.C,S. 18114, punisbable b, iaprisonaent up to six aontbs and a fiDe of 1100.00-11,000.00; and iv) civil conteapt under 23 Pa.C.S. 18114.1. Resumption of co-residence on the part of the plaintiff and defendant ahall not nullif, tbe provisions of the oourt order. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its ori.inal expiration date if the Court finds that the defendant has committed another act of abuRe or has en.a.ed in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of Anthony Preston Cardone Cook, is hereby awarded to the plaintiff, Caroline H. Cardone. A hearing .. -Il( shall be held on this matter on the /) day of .,/' No.~, Cu.berland ~J (1\ October, 1996, at '.1 I ( I) ,II., in Courtroom I County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The CUllberland County Sheriff's Depart.ent shall attempt to .ake service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applioable 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 .ail. The Pennsylvania State Police and the Middlesex Police Departllents 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 ordev. When that court Is unavailable, the defendant shall be taken before the appropriate district juetice. (2S Pa.C.B, 8 6113) . By the Court, ,K/, /Jd- J7 . t'"7:J " '" -i .. . , .' c. , " : , 'j , . , . -. -, .' - ..; LU rJl Caroline M. Cardone, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96- CIVIL TERM Richard R. Cook, Defendant PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the claiaa set forth in the following pages, you aust take action prosptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presentinl to the Court your defenses or objections to the claims Bet forth against you. You are warned that if you fail to do so the Court say proceed without you, and a judlment 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 126.00 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 Jour lawJer at once, If JOU do not havs a lawyer or cannot afford one, go to or telephone the office set forth below to find out where JOu can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1980 The Court of Common Pleas of Cumberland County is required by law to complY with the Aaericans 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. Caroline M. Cardone, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-'l',~"'''' CIVIL TERM v. Richard R. Cook, Defendant PROTECTION FROM ABUSE AND CUBTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIBF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. 8 8101 et Beq. A. ABUSE 1. The plaintiff, Caroline M. Cardone, i8 an adult individual residing at 66 E. Main Street, P.O. Box 108, Walnut Bottom, Cumberland County, Pennsylvania 17286. 2. The defendant, Richard R. Cook, (SBN: unknown)(Date of Birth: 1/26/61), is an adult individual residing, to the best of plaintiff's knowledge, at Route 11, Newville, Cumberland County, Pennsylvania, 17241. 4. The defendant has had an intimate relationship with the plainti ff. 6. Since approximately 1993, the defendant has attempted to cause and has intentionallY, knowingly, Dr recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable feer of imminent Berious bodily injury, and has knowingly engaged in n course of conduct or repeatedly committed acts towa~d the plaintiff including following the plaintiff without proper authorization, under circumstances which have 1 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 28, 1995, the defendant came to the plaintiff's residence, kicked the door open, repeatedly slapped the plaintiff and threw her onto a couch. As the plaintiff struggled to get free and tried to crawl away from the defendant, he grabbed her by the ankles, threw her onto her son's toy box, and forcefully hit her in the head causing her to fsll onto the couch and bounce to the floor. The plaintiff's one-year-old aon came into the room and a8 the plaintiff was trying to protect him with her body, the defendant repeatedly kicked and hit the plaintiff about her body. When the plaintiff got away, she ran to call 911 for help. The defendant followed her, attempted to disconnect the call, and threatened that she would be dead before the police came to the residence. The plaintiff had a sore Jaw and her eyes were swollen shut as a result of the abuse by the defendant. Later that morning, the defendant called the plaintiff and threatened that she had better look him up because if she didn't, he would kill her. b. In or about the first week of September 1996, the defendant oame to the plaintiff's plaoe of employment, 2 threatened to kill the plaintiff, grabbed her by the arm and pulled her towards him causing her to fear for her safety. The defendant again threatened to kill the plaintiff and forcefully shoved her backwards causing her to hit her back on a counter. As the defendant ran from the restaurant, he threatened that he wouldn't go to Jail for harassment but for murder and that he was going to kill the "bitch." c. On several different occasions since 1993, the defendant has thrown the plaintiff a.ainst a wall, forcefully shoved her head into a wall, pushed her down a set of stairs, choked her, slapped her, punched her, and made harasoing phone calls threatening to har. her. 6. The plaintiff believes and therefore avera that she ia in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 7. 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, except for the limit.ed purpose of facilitating custody arrangements, B. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff'B relatives. 3 9. The plaintiff desiree that the defendant be restrained from enterins her place of employment. 10. The plaintiff desires that the defendant be enjoined from removins, damaSins, destroyins or sellins any property owned jointly by the parties or owned solely by the plaintiff. B. EXCLUSIVE POSSESSION 11. The home which the plaintiff is askins the Court to order the defendant to stay away from is rented in the plaintiff'a name. 12. The defendant has his own residence located at Route 11, Newville, Pennsylvania. c, SUPPORI 13. The defendant has a duty to support the .inor child, Anthony Preston Cardone Cook. 14. The plaintiff is in need of financial support from the defendant for the child includins, but not limited to: heslth insurance cove rase and payment of unreimbursed medical expenses for the child. 16. The defendant is employed at Excel Lo.istics in Mechanicsburs and his salary unknown to the plaintiff. 16. The plaintiff's income is insufficient to provide for the needs of the child until such time as a support order can be obtained by filins at the Domestic Relations Office, 17. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. 4 D. ATTORNEY l1EIIS 18. The plaintiff aeke that the defendant be ordered to pay reasonable attorney feeB to Le.al Services, Inc. II. TKllPORARY CUSTODY 19. The plaintiff BeekB temporary custody of the following child: If.aH Pre..nt Re.id.ace All Anthony PreBton CBrdone Cook 65 E. Main St. Walnut Bottom, PA 1 yr. old DOB 6/3/94 The child waB born out of wedlock. The child iB preBently in the cUBtody of the plaintiff, Caroline M. Cardone, who resides at 65 E. Main Street, Walnut Botto., PsnnsylvBnia. Since hiB birth, the child has resided with the following perBons and at the followin. BddresBeB: Ifau Addresses Dst.. Plaint! ff, defendant, 323 E. Louther St. 6/3/94 to and Jeffrey Varner Carlisle, PA 2/95 (plaintiff's son) Plaint! ff, defendant, 65 I. Main st. 2/95 to and Jeffrey Varner, Walnut Botto., PA 6/96 Plaintiff and 66 E. Main St. 6/95 to Jeffrey Varner Walnut Botto., PA present The plaintiff, the mother of the child, ie currently reBidin. at 66 E. Main Street, Walnut Bottom, Cumberland County, Pennsylvania. She is sin.le. 6 The plaintiff currently resides with the followinl peraona: ~ RelationabiD Jeffrey Varner Anthony Cook 80n 80n The defendant, the father of the child, is currently reaidinl at Route 11, Newville, Cumberland County, Pennaylvania. He ia divorced. The defendant currently resides with the followinl persona: ~ RelationabiD Rick Epsley Sue (laat nase unknown) Debbie (laat name unknown) Friend Rick's lirlfriend Sue's daulhter 20. The plaintiff has not previously participated in any litilation concerninl custody of the above mentioned child in thia or any other Court. 21. The plaintiff has no knowledle of any cu.t~dy proceedinls concerninl this child pendinl before a court in thia or any other Jurisdiction. 22. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claiaa to have custody or visitation rights with respect to the child. 23. The best interests and permanent welfare of the sinor child will be met if cuetody is temporarily Iranted to the plaintiff pending a hearing in this matter for reaaons includinll a. The plaintiff is a responsible parent who can beat take care of the minor child and has provided for the 6 emotional and physical needs of the child since his birth. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. g 6101 ~ ~., as amended, the plaintiff p~ays this Honorable Court to grant the following relief: 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, except to facilitate custody a~rangements. 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. 6. Prohibiting the defendant from removing, 7 dama.in.. destroying or sellin. property jointly owned by the parties or owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 65 E. Main street. P.O. Box 106, Walnut Bottom, Cumberland county, Pennsylvania. except for the limited purpose of transferring custody of the parties' child. The defendant shall re"ain in his vehicle at all times during the transfer of cuatody. 7. Ordering the defendant to stay away fro. any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferrin' custody of the parties' child. The defendant shall remain in his vehicle at all times during the tranafer of cuetody. 8. Granting temporary custody of the minor ohild to the plaintiff. B. Schedule a hearing in accordance with the provisions of the "Protection froll Abuse Act," and, after such hearin.. 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 8 any direct or indirect contact with the plaintiff includinl, but not limited to, telephone and written communications, except to facilitate custody arranleaents. 3. Orderinl the defendant to refrain from harassinl and stalkinl the plaintiff and from harassinl the plaintiff's relatives. 4. Prohibitinl the defendant from enterinl ths plaintiff's place of employment. 6. Prohibitins the defendant from removins, daaaSins, destroy ins or sellins property Jointly owned by the parties or owned solely by the plaintiff, 6. Orderinl the defendant to stay away fro. the plaintiff's residence located at 66 E. Main street, P.O. Box 106, Walnut Bottom, Cumberland County, Pennsylvanis, except for the limited purpose of transferrins custody of the parties' child. The defendant shall remain in his vehicle at all times durins the transfer of custody. 7. Orderins the defendant to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferrins custody of the parties' child. The defendant shall remain in his vehicle 9 at all times during the tranafer of cuatody. 8, Granting aupport to the plaintiff for the minor child, Anthony Preston Cardone Cook, in an appropriate amount acoordinl to the Rupport guidelines payable to the plaintiff in the for. of a check or money order, mailed to her residence, and ordering the defendant to provide health coverage for the .inor child and directing the defendant to pay all of the unreimbursed medical expenaes of the minor ohild to the provider or to the plaintiff when ahe has paid for the medical treatment. 9. Ordering the defendant to pay reasonable attorney feeR to Legal Servioes, Inc. The plaintiff further aaks that this Petition be filed and aerved without payment of feea and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Pennsylvania State Police and the Hiddleaex Polioe Departments which have Jurisdiction to enforoe this Order. The plaintiff prays for such other relief as may be Juat and proper. COUNT I I CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 24. The allegations of Count I above are inoorporated 10 herein as if fully set forth. 26. The best intereat and per.anent welfare of the minor ohild will be served by confirminl custody in the plaintiff as set forth in para.raph 23 of the petition. WHEREFORE, pursuant to 23 Pa.C.S. 8 6301 ~ ang., and other spplicsble rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, J LEGAL SERVICBS. INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 11 The above-named plaintiff. Caroline H. Cardone, 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. g 4904 relating to unsworn falsification to authorities. Date /(i-" -9'~~ f1Jltfd/a C~Ya-f Caroline H. Cardone, Plaintiff .J \.., Q, \.I") lrl 0- 0"> rn I - :;::,:. tI; -t .... J I .., 0 ..-1 "- ~-.") j (.-} Vl >- ...{ L) = ~ J ~;, I - I ,I' Ij-. , ;1 i, L i, ! ~ '" ., ct.. j i' I" Ii .' I ,...1\ ,; t ~ ';1 Hr \i .it III ;1" Otf; p~ I:JlI ,,'1.,1 Caroline M. Cardone, Plaintiff IN THE COURT OP COMNON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6340 CIVIL TEAM PROTECTION PRON ABUSE AND CUSTODY v. Richard R. Cook, Defendant CERTIPICATE OP SERVICE I, Connie L. Thomas, Parale,al, do hereby certify that on Thursday, October 12, 1996, I did serve by U.S. mail the defendant, Richard R. Cook, the above-captioned Order for Continuance, at hiB residence located at 3466 Ritner Hi,hway, Newville, Pennsylvania, 17241. /-:i . ~... , /'" C~r:F', ' ,~-ck::> Connie L. Thosa. Parale,al Le,al Services, Inc. a Irvine Row Carlisle, PA 17013 (717) 243-9400 /0 'la-9~ ~_ 1 } ~- J . i "',11 " ',1,1, ' t' t'l t, i;-ll 1\11;' !IU ,. . 'qciil.., r ! 1".;-1', '" t'; ,t'.'; . ' I, ld 1ft! .; 1'1 Pi 'i.i '0' ,,' , iL' I;. (.('1 ;1 !t,dtt Oi 1'1" 1, 'I. I, ., 'I ~ ji ! H' . Il')!.' . ,II! ll, ,,1 1 I i j~; I' LL'ft ,'~ "., ; toll .t_,IH.; J,~, i II ;j:'1 ""lit ~~;;-J;~ji ,'\II,;A.I,', Ili-'''c' Ji L:O ',I fd I .. ; I, ,j~H(-;1 , ,. 1'",1. I ,'I Pit-' i.l ,;;,." .,'" Pi 'l"- td Caroline M. C,ardone, Phint.Uf IN TilE COURT OF COMMON PLEAS OF Y. CUMBERI,AND COUNTY, PENNSYLVANIA NO. 96-6340 CIVIL TERM PROTECTION PROM ABUSE AND CUSTODY Richard R. Cook, Defendant. PROTECTION ORDBR AND NOW, this -L~~ day Df October, 1996, upon consideration Df the Consent Agreement Df the parties, the following Order is entered: 1. The defendant, Richard R, Cook, is enjoined frDm physically abusing the plaintiff, Caroline H. Cardone, or from placing her in fear of abuse. 2. The defendant is enjDined from having any dirsct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose Df facilitating custody arrangements. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. The defendant is prohibited from entering the plaintiff's place Df employment. 6. The defendant is prohibited from removing, damaging, destrDying or selling any prDperty owned by the plaintiff Dr jointly owned by the parties. 6. The defendant is Drdered tD ntay away from the plaintiff's reBidence IDeated at 66 E, Main Street, P.O, BDX 106, Walnut Bott.om, Cumberland County, Pennsylvania, except for the limited purpose of transferring custody during which times the defendant shall remain In his vehicle. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody during which times the defendant shall remain in his vehicle. 8, The defendant is ordered to pay support for the minor child, Anthony Preston Cardone Cook, the amount of .50.00 per week, payable to the plaintiff in the form of a check or money order, mailed to her residence pending the entry of an order by the Cumberland County Domestic Relations Office. Payments to commence within ten daYB of the entry of the Protection Order and each week thereafter. 9. The court costs and fees are waived. 10, This Order shall remain in effect for a period of one year or until modified or terminated by the Court. The Order 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. 11. This Order may subject the defendant tor 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 Bix months and a fine of $100,00-.1,000.00; and Iv) civil contempt under 23 Pa.C.S. 66114.1. ReBumptlon of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 12, The Pennsylvania State police and Hiddlesex police Departments shall be provided with certified copies 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 committed in the presence of a 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. 8 6113). By the Court, Caroline M. Oardone, Plainti " . . IN THE OOURT OF COMMON PI.I!:AS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6340 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY v, Richard R. Cook, Defendant AND NOW, this CUSTODY ORDER 11.-1. day of October, 1996, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Anthony Preston Cardone Cook. 1. The plaintiff, hereinafter referred to as the mother, shall have primary physical and legal custody of the child. 2. The defendant, hereinafter referred to as the father, shall have partial custody of the child every other weekend from Saturday at 1:00 p.m. until Sunday at 8:00 p.m. The father will keep the mother informed of his residence and telephone number. The father will not consume any alcoholic beverages prior to or during the times that he has partial custody of the child. 3, The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further order of court. 4. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 6. This Order Bhal1 remain in effect until either party petitions to have it changed. 6. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent, By the Court, ,~ Caroline M. Cardone, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBBRLAND COUNTY, PBNNSYLVANIA NO. 96-6340 CIVIL TERM PROTBCTION FROM ABUSB AND CUSTODY Richard R. Cook, Defendant CONSBNT AORBEMENT tA This Agreement is entered on this ~ day of October, 1996, by the plaintiff, Caroline H. Cardone, and the defendant, Richard R. Cook. The plaintiff is represented by Joan Carey of LEOAL 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, Richard R. Cook, agrees to refrain from abusing the plaintiff, Caroline H. Cardone, 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 facilitating custody arrangements. 3. The defendant agrees not to harass and stalk the plaintiff and not to hnrass the plnintiff's 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 plaintiff or Jointly owned by the pertles. 6. The defendant agree" to stay away from the plaintiff's residence located at 66 E. Main Street, P.O. Box 106, Walnut Bottom, Cumberland County, Pennsylvania, except for the limited purpose of transferring custody. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody. 8. The defendant agrees to pay interim support to the plaintiff for the minor child, Anthony Preston Cardone Cook, in the amount of .60.00 per week payable to the plaintiff in the form of a check or money order by mail pending the entry of an order by the Cumberland County Domestic Relations Office. Payments to commence within ten days of the entry of the Protection Order and esch week thereafter. 9. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition, 10. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one year and can be extended beyond it 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. The defendant understands that this Order will be enforceable In the same manner as the Court's prior Temporary Protection Order entered In this caae. II. Violation of the Protection Order may subject the defendant to: il arrest under 23 Pa.C.S. S6113; il) a private criminal complaint under 23 Pa.C.S. S6113.1; 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. 12. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child, Anthony Preston Cardone Cook. a. The mother shall have primary physical and legal custody of the child. b. The father shall have partial custody of the child every other weekend from Saturday at 1:00 p.m. until Sunday at 8:00 p.m. The father will keep the mother informed of his residence and telephone number. The father will not consume any slcoholic beverages prior to or during the times that he has partial custody of the child. c. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further order of court. d. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. e. The parties realize that their child's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the child from the other parent, or inJuro the opinion of the child as to other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that a Protection and Custody Orders be entered to reflect the above terms. ~. '. ~ {~/u-';({J IN '/t1t1lti71 (' Caroline H. Cardone, Plaintiff ) J A ;;;' '- /-(...(I.;;'A~,('... (, Richard R. Cook, Defendant LEGAL SERVICES, INO. a Irvine Row Carlisle, PA 17013 (717) 243-9400 tr :ii, ~ ~ i ~ ~ Vj ~ , ~ , ... -" ... o , ... ... I ~ .: ., I j I ~ : i~. , , " , I'.' >~ i 1 / 'II , , /, I . , , i I , I i I J I I I I". I ! ,'oj .. I J i I ; ; I ' ! ; '. ' I . i \.~ > , ~ i' ~, . ~ ' 1 '; , . .i 11.i t! ! ~ ,.ill " , " ~ h, .j' ,1-,' ~ i ~ >i\)'.l L d, \,1 1 t , ' 'h,'I' ,;t I ! ' IJi1f'1 !11 " 'IV. ?~-:A'j~ "'l~ F~ ,L"', "1.' III 1;: )! SHERIFF'S RETURN. REGULAR CASE NOI 1995-05340 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARDONE CAROLINE M VS. COOK RICHARD R TIMOTHY REITZ CUMBERLAND County. Pennsylvania, who to luw. aays. the wi thin PROTECTION . Sheriff or Deputy Sheriff of being duly sworn according FRON ABUSE was aervl?d upon COOK RICHARD R defendant., at IB3~10\'l 1I0URS, on the ...!?~!.l day of Oct,obel' 1995 at 350 SALEM CHURCH-BPAD MECHANICSBURG, PA 17055 thE' ,CUMBERLAND County, Pennsylvania. by hllnding 1.0 lil~JjflRDJh......COOK a true and attested copy of I,he PllOTECTION FROM ABUSE together with TEMPORARY PROTECTIO.tLIJRDE!<__I!OT let;; Allr' PETI,TlON and at the aame tlme dlrecting IIHJ att'?ntlon to the c:ontl?nto t1ll'1"i?0f. Sheriff's CostSI Docketing Service Affidavit Surcharge So ~HIE:l2r8: ,. // r );=z:,.o-r~1~ R:--,fiiJ m"-IJt\Hii",--;' '"sllc.Ti-rr----'-'-- 18.00 5.60 .00 .00 s:r:r;T,t' I'Ql I lWI I 000\1 '.A:lr.~. by -.dd:'U/T~i-:<Z"I'--"~-_. 1ut~ ' J~~ Sworn and Hubacr"ibed lo l,efore filV this .E~~ day of (V,!.ll'/I..<..,-,_______.__ " ? 19.-'t.L_ A. D. .. __.~i~_'I_" ,--.ll_7,"I' L,:l't'll:-L~tf~ -;/ rl"O. 10110 ,'.11",/ "