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Home My WebLink About95-06707 I; '-f. " , :! ",' '. il. ';r ., I ',-" ~1 __ ~\:'~-T~~ "-~ !i(?fY rr;. '0' .r- :~,'q - ....., , . ~, , ~ i' I I I I I I I , , I CATHY ANN PALM, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. <} ~'. , 'Iv '7 ~ -r.L<- Peti Honer, VS. I I, I II II ,I II , Ii Ii II I , I i CLIrFORD ALLEN PALM III, Respondent. CIVIL ACTION - LAW PROTECTION FROM ABUSE I I I I I II I ! II II II NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must appear at the hearing scheduled herein. You are warned that if you fail to do so, the case may proceed without rou and an Order may be entered against you for the relief requested n the Petition, You may lose money or property or other rights important to you. If a copy of the TEMPORARY ORDER is attached, you must obey it until the hearing. If you do not obey it, the police can arrest you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE A RIGHT TO HAVE AN ATTORNEY REPRESENT YOU AT THE HEARING. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT ArFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO rIND OUT WHERE YOU MAY GET LEGAL HELP. AVISO PARA DEFENSA USTED HA SIDO DEMANDADO EN LA CORTE. Si usted quiere defenderse de las reclamaciones descritas en las paginas siguientes usted debe asistir a la vista que esta citada en esta. Usted esta siendo advertido de que si falla en asistir a la vista el caso procedera sin usted y una Orden puede ser expedida en contra suya para el remedio solicitado en la peticion. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. Si la copia de una Orden Provisional esta ad1unta usted debe obedecerla hasta que la vista se lleve a cabo. sl usted no la obedece la policia 10 puede arrestar. Lleve este aviso a su abogado inmediatamente. Usted tiene derecho a tener representacion legal durante la vista. Si usted no tiene los medios economicos para pagar un abogado, dirijase al telefono mas cercano 0 vaya a la oficina cuya direccion aparece a continuacion. En esta direccion podra obtener ayuda legal. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE COURT ADMINISTRATOR One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 CATHY ANN PALM, IN THE COURT or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner, vs. " /l '.. ,. ....- NO. 7 5" (, 7/J 'J \..M.'U CLIFFORD ALLEN PALM III, Respondent. CIVIL ACTION - LAW PROTECTION FROM ABUSE I I AND NOW, consideration TEMP~Y PROTECTION ORDER this ~ day of November 1995, upon presentation and of the within Petition, the following Order is entered: 1. Respondent is directed to refrain from abusing, harassing, or threatening Petitioner, physically or verbally, wherever she may be; 2. Petitioner is granted sole possession of the marital residence situate at 104 Fleetwood Avenue, Mechanicsburg, Cumberland County pennsylvania; 3. Respondent is excluded from entering or telephoning Petitioner's current residence or any residence in which Petitioner may reside during the pendency of this Order; 4. Respondent is prohibited from having any contact with Petitioner, including entering or telephoning Petitioner's place of employment and any other places Petitioner frequents; 5. Respondent is directed to refrain from all harassing communication with Petitioner or her friend or relatives. 6. Petitioner is awarded temporary primary physical custody of the Parties' minor child, and Respondent is denied visitation rights with regards to the Parties' minor child. and fees and a A certified copy of this Order shall be served on the police department(e) in the jurisdiction where Petitioner resides. Pursuant to Section 6109 (a) of the Act, a certified copy of this Order shall immediately be filed by the police department in the County Registry of ~rotection Orders. Should the police come into contact with Respondent, and Respondent alleges that he has not been served with this Order, the police officer shall immediately serve the Order upon him. 9. This Order shall be enforced by any law enforcement agency in any county where a violation of it occurs. As provided in Section 6133 (a) of the Act, U(a)n arrest for violation of an Order issued pursuant to this chapter may be without warrant upon probable cause whether or not the violation is committed in the presence of the police officer. U 10. Respondent is hereby notified that if he violates this Order, he may be held in indirect criminal contempt which is punishable by a fine up to $1,000.00 and/or by a jail sentence of up to six (6) months. ~he Court may modify this Order at a contempt hearing. 11. This Order shall remain in full force and effect until further Order of the Court. 12. A ~bA.., hearing on this matter is scheduled for the ..3 7~ day of 1995, at (I',m ...JJ:.m., in Courtroom , Cumberland County Courthouse, High and Hanover streets, Carlisle, pennsylvania. BY THE COURT: J. CATHY ANN PALM, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner, vs. NO. q ~'. (, '//)" ('wJ 1"..u- CLIFrORD ALLEN PALM III, Respondent. CIVIL ACTION - LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION rROM ABUSE TO THE HONORABLE JUDGES or SAID COURTI The Petition of CATHY ANN PALM, by her attorney, Gerald S. RObinson, Esquire, of Robinson' Geraldo, pursuant to the Protection from Abuse Act, 1990, Dec. 19, Pat Laws 1240, No. 206, 23 Pa.C.S.A Section 6101 et. sea. respectfully represents as follows I 1. Petitioner is CATHY ANN PALM, an adult individual temporarily residing at 1901 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. Her permanent address, however, is 104 rleetwood Avenue, Mechanicsburg, Pennsylvania 17055. 2. Respondent is CLIFFORD ALLEN PALM III, an adult individual presently residing at 104 rleetwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Petitioner and Respondent have been married since May 6, 1986. 4. The residence or household of the parties (where Respondent currently resides) is jointly owned. 5. Respondent has threatened to cause bodily injury or serious bodily injury with or without a deadly weapon, and has placed Petitioner in fear of imminent serious bodily injury. Examples of Respondent's conduct include, but are not limited to the following: a. On November 21, 1995, Respondent physically prohibited Petitioner from leaving the marital residence following a heated argument. Respondent picked Petitioner up, carried her over his shoulder, and threw her down on the bed. Petitioner attempted to call for help, but Respondent physically prohibited her from making any phone calls. Then suddenly, Respondent demanded Petitioner to wake their child and leave the marital residence. Petitioner and her daughter left the residence terrified. b. On November 23, 1995, Petitioner returned to the marital residence to discuss certain matters with Respondent. Because the conversation was long and carried on for several hours, Petitioner fell asleep. When she woke up, Petitioner realized that Respondent had attempted to rape her, as Petitioner had pain in her thighs, hips, neck, back, shoulders and breasts. When she was able to get out of the residence, Petitioner went to the Holy Spirit Hospital for treatment of her injuries. c. In July of 1995, approximately five (5) months ago, Petitioner expressed to Respondent her desire to engage in outside activities. Respondent became violently angry and since that time has initiated many heated arguments which lead to continual verbal abuse of Petitioner by Respondent. d. Petitioner is in fear of serious bodily harm and is in need of and entitled to protection from such abuse. 6. There was one (1) child born of this marriage: Keana Josephine Palm, born october 11, 1988. The best interest and safety of the child is to remain in Petitioner's primary physical custody. WHEREFORE, pursuant to the Protection from Abuse Act, Petitioner prays your Honorable Court tOI 1. Immediately enter a Temporary Order, pursuant to Section 6107 (b) of the Act, 23 Pa.C.S.A. 6101 et. sea.; a). Directing Respondent to refrain from abusing, haralsing, or threatening Petitioner, physically or verbally, wherever she may be; b). Granting sole possession of the marital residence situate at 104 Fleetwood Avenue, Mechanicsburg, Cumberland County Pennsylvania to Petitioner; c). Excluding Respondent from entering or telephoning Petitioner's current residence or any residence in which Petitioner may reside during the pendency of this Order; d). Prohibiting Respondent from having any contact with Petitioner, including entering or telephoning Petitioner's place of employment and any other places Petitioner frequents; e). Directing Respondent to refrain from all harassing communication with Petitioner or her friends or relatives; f). Awarding temporary primary physical custody of the minor child to Petitioner and allowing Respondent no visitation rights with regards to the Parties' minor child; and g). Directing Respondent to pay Attorney's fees incurred by Petitioner in the amount of five-hundred ($500.00) dollars plus any and all filing fees and additional costs incurred by Petitioner. 2. After a hearing to be held within ten (10) days of the filing hereof, and pursuant to Section 6107 (a) of the Act, 23 Pat C.S.A. Section 6101 et. sea., enter a final Protective Order continuing the relief Bet forth above for a period of one (1) year. Respectfully submitted, ~,j.~~~ ROBINSON , GERALDO Attorney I.D. No. 27423 4407 North Front street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Petitioner .. . , .. " , A r rID A V I T COMMONWEALTH OF PENNSYLVANIAl COUNTY OF DAUPHIN ) 55: Before me, the undersigned notary public, this day personally appeared TONYA L. OCKER, paralegal for Robinson , Geraldo, a Professional Corporation, to me known, (or satisfactorily proved to me), who being duly sworn according to law, deposes and says that she personally hand-delivered the Temporary Protection from Abuse Order dated the 27th day of November 1995, to the following police departments on the 27th day of November 1995. Hampden Township Police Department 230 Sporting Hill Road Mechanicsburg, Pennsylvania 17055 (Handed to Sandi Spangler) and Camp Hill Borough Police Department 2201 Market Street Camp Hill, Pennsylvania 17011 (Handed to Mr. Ammons) TO!6[1t~ o~~e~~egal Subscribed and sworn to bl!fore me this 27th day of November 1995. ~~r;{{'O~lC My commission expires: Kll:;ri.:'S.!,li Tarnn'1. CUiT.:i,I,!,')f..;.. P tic H~:1:r,:;I"lJ.08lJ::r.i:I(. I ti-' Mi CO'rij,j!:s.i::n ExttrC1I~." ~ 1997 ~"l1l.lt!~, hJr.ns~W1d~ucilcifk;i.'1 EJlhlblt "0~~EIt ~ . ~ PRIORITY ONE AnORNEYS' MESSENGER SERVICE .....p" P. JohnIOfl, Owner . lu",n.. I Cltlllone for All Coulta . "rvln, U.I.A. . Caneda . . It I. CReron Itr.., '.0. loll 454 Harrlebur,. 'A 17101-04114 (717) 257.1385 PROOF OF SERVICE ORDER NO. PROCESS TO BE SERVED BY: ROBINSON ~ GERALDO 4407 NOInl1 FF.'mn ~; rr,:l:l: r HARRISBURG, F'A 17110 DOCUMENTS,,: UI'ILiL:r:'U;I'JI) ';UUI.j fY r'FeJTce IlmJ ,,'1"011 WITNESS f'~~'\JSE. Or.'OEF' DATE RECEIVED DATE REASSIGNED CASE NO. '::J~~'.'C.lO'/ CATHY ANN RAL~1 PLAINTIFF -va. CL I rFOF:D ALLEN PALl" DEFENDANT TO BE SERVED: CLIFFORD ALLEN PALM 104 FLEETWOOD AVE MEeHAN I CSIlUFJ3, PA 17055 ACCEPTED BY: CLIFFORD ALLEN PALM 104 FLEETWOOD AVE HECHANICSIlURG, RA 17055 DATE SERVED: TIME: 11-:2';J--'J5 7: OD R~' I ] Hal. I ] Bl.ck Hair I ] Under 5'0" I ] F....l. I ] Brown Hair I ] 5'0" . 5'3" I ] Blonde Hair I ] 5'4" - 5'8" I ] Mouat.ch. I ] Gray Hair I ] 5'9" . 6'0" I ] Beard [ ] R.d Hair I ) OVer 6'0" I ] Gl..... I ] Whit. Hair ( ] Balding I ] \/hit. Skin I ] Bl.ck Skin I ] 14.20 Yra. I ] Y.llov Skin I ] 21.35 Yrs. I ] Brown Skin I ] 36-50 Yrs. I ] R.d Skin I ] 51-65 Yrs. I ] Ov.r 65 Yn. PROCESS SERVER'S REPORT PROCESS SERVER'S NAME NATHANIEL P. PAFFERTY I ] Under 100 lb.. I ] 100-130 lb.. [ ] 131-160 lb.. I ] 161-200 Ibs. I ] OVer 200 Ibs. I ] Milit.ry Service Other Identifying Fe.tures: NON-SERVICE INFO I ] Moved I ] No Longer Employed I ] Never in But Address Has Been Verified I ] Not Known I ] Ev.ding Service I ] No Such Address A!q!ltt/l,'el,P, ,f I?/" f"E.<' Ty belng duly sworn according to l.w, depoaes .nd s.ys that he/she i. process server herein named; and that the facts herein .et forth .bove are true and correct to the be.t of their knowledge, inform.tion .nd belief. ~/;//?~ - ./ - Praces e sw~r~~f-and subscri~ed before me 3. day of ~o ~, /.....A 19 Z;h - Y11i-u,- ;(, /tu..,,--.---' Notary Public thla . Comm1ssio Exn. NoMllSc,ll "'" , HollTirJ:.u'll,Oo;lpI>n JO!y MyCol1lm~"'nE>pl"",Doc. :JO,I916 Elh,bll "TNO" CATHY ANN PALM, Petitioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-6707 Civil Term CLIrFORD ALLEN PALM III, Respondent. CIVIL ACTION - LAW PROTECTION FROM ABUSE STIPULATION AGREEMENT AND NOW this 7th day of December 1995, intending to be legally baund, the Parties agree and consent to the following terms: 1. Respondent will refrain from abusing, harassing, or threatening Petitioner, physically or verbally, wherever she may be; 2. Petitioner is granted sole possession of the marital residence situate at 104 rleetwood Avenue, Mechanicsburg, Cumberland County Pennsylvania, pending resolution of the equitable distribution matters; 3. Respondent is excluded from entering or telephoning Petitioner's current residence or any residence in which Petitioner may reside during the pendency of this Order; 4. Respondent is prohibited from having any contact with Petitioner, including entering or telephoning Petitioner's place of employment and any other places Petitioner frequents, except as it pertains to custody exchanges of the child; 5. Respondent will refrain from all harassing communication with Petitioner or her friends or relatives. 6. Petitioner will have primary physical custody of the Parties' minor child. 7. Respondent shall have visitation with the Parties' minor child as follows, pending further order of court: a. every other weekend from rriday evening at 5:00 p.m. until Sunday evening at 5:00 p.m. b. every Wednesday evening from 5:00 p.m. unti.l 8100 p.m. c. from December 25, 1995 at 12:00 p.m. until December 26, 1995, at 12:00 p.m. 8. Respondent understands that a certified copy of this Order will be served on the police department(s) in the jurisdiction where Petitioner resides. Pursuant to Section 6109 (a) of the Act, a certified copy of this Order will immediately be filed by the police department in the County Registry of Protection Orders. Should the police come into contact with Respondent, and Respondent alleges that he has not been served with this Order, the police officer will immediately serve the Order upon him. 9. Respondent understands that this Order will be enforced by any law enforcement agency in any county where a violation of it occurs. As provided in Section 6133 (a) of the Act, "(a)n arrest for violation of an Order issued pursuant to this chapter may be without warrant upon probable cause whether or not the violation is committed in the presence of the police officer." 10. Respondent is hereby notified that if he violates this Order, he may be held in indirect criminal contempt which is punishable by a fine up to $1,000.00 and/or by a jail sentence of up to six (6) months. The Court may modify this Order at a contempt hearing. 11. THIS AGREEMENT AND ORDER SHALL REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD or ONE (1) YEAR FROM THE DATE OF ITS ENTRY. IN WITNESS WHEREOF, the Parties hereto have voluntarily executed thil Agreement the day and year first above written. frrmJa L ~~-~ Q:: '. -= a y nn a m, 1S~'t?oner (SEAL) QbA Ce~m, , (SEAL) I II, Respondent