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ERNEST HOFFSTETTER and
MURIEL HOFFSTETTER,
Plaintiffs
: IN THE COURT OF COMMON PLEA.s
: CUMBERLAND COUNTY, PENNSYlVANIA
: NO:
Cl19 - 1'110 (...0 k,.,r,
v.
JOHN J. HOFFSTETTER,
Defendant
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION ORDER UNDER
PROTECTION FROM ABUSE ACT
AN D NOW, this li.. ~ay of -J/J n L 4 . 1996, upon motion of the
petitioners, and upon consideration of the within Petition for Relief and further, upon
petitioners' showing during an ex parte proceeding to the Court's satisfaction that there is
an immediate and present danger of abuse to the petitioners, the following Temporary
Protection Order is hereby entered:
(ll The respondent, John J. Hoffstetter, is directed to refrain from: r G1~c.
(a) attempting to cause or intentionally, knowingly, or recklessl "
causing bodily injury or serious bodily injury with or without deadly 0 pe I loners;
(b) placing by physical menace ~ i~ (.e~f imminent serious
bodily injury. -.1ftcr ff~ "m
(2) The respondent, John J. Hoffsteller, is hereby evicted from the petitioners'
residence located at 145 Faith Circle, Carlisle, Pennsylvania.
This Temporary Protection Order shall remain effective only until the date of final
hearing on the petitioners' Petition for Relief which is fixed for /,1u "'.1,',.1- ,
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in Courtroom No.....~ Cumberland CountY Courthouse, High and Hanover Streets,
Carlisle, PA.
A true and correct copy of this Order shall be made on respondent by the Sheriff
in the same manner as a complaint in an action for equity. A true and correct copy of
the Order shall likewise be sent by certified mail, return receipt requested, to the North
Middleton Township Police Department, which has appropriate jurisdiction to enforce
this Order.
A violation of this Order may subject the violating party to punishment for
contempt.
BY THE COURT: I
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7. Respondent is frequently verbally abusive to petitioners and is frequently
physically aggressive toward petitioner Ernest Hoffsteller.
8. Respondent has a history of mentdl illness and was involuntarily committed
to the Harrisburg State Mental Hospital for a two month period during mid-1995. Since
being released from the state hospital, respondent has resided with petitioners. His
conduct toward petitioners has placed them in fear of their safely.
9. Petitioners aver that service of this petition and any resulting court order
cannot be safely made by an adult individual other than a law enforcement officer.
WHEREFORE, the petitioners respectfully request the entry of a Protection from
Abuse Order granting the following relief:
(a) directing respondent to refrain from abusing the petitioners;
(b) excluding the respondent from the petitioners' residence at 145 Faith
Circle, Carlisle, Pennsylvania for a period of one year;
(c) directing service of this Petition and this Court's temporary Order upon
respondent by an appropriate law enforcement agency;
(d) any other relief this Cou~ may deem appropriate and/or necessary,
including but not limited to directing respondent to participate in a mental health
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ERNEST HOFFSTETTER and
MURIEL HOFPSTETTE~,
Plaintiff.
IN TH! COURT 01 COMMON PLEAS OF
CUMBERLAND COUNTY, P~NSYLVANIA
v.
CIVIL ACTION - LAW
PROTECTION FaOM ABUSE
96-1410 CIVIL TERM
JOHN J. HOprSTETTER,
Defendant
.
.
IN al: PROTECTION rROM ABUSE
ORDER OF COURT
AND NOW, this ~8th day of Maroh, 1996, upon
consideration of Plantiff.' petition under the Protection Prom
Abuse Act, and following a hearinq at whioh the Defendant did
not appear notwithstanding that he received notification of the
hearing through .ervice by the Cumberland County Sheriff, the
Court finds that the allegations of Plaintiff.' petition with
re.pect to abu.e have been proven by a preponderance of the
evidence, and that the Defendant has committed abuse as alleged
in the petition meeting the definition of abuse as contained in
the Protection P~om Abuse Act. Consequently, it is ORDERED and
DIRECTED as follows:
1. The Defendant, John J. Hoffstatter, is
enjoined from physically abusing the Plaintiffs, Ernest
Hoftstetter and Muriel Hoffstettar, or either of them, and from
placing either Plaintiff in fear of abuse.
2. The Defandant is prohibited from entering the
Plaintiffs' residence and from being on the premisas of said
residence at 145 Faith circle, Carlisle (North Middleton .
TownShip), Cumberland County, Pennsylvania.
3. This Order shall r~main in effect for a
period of one year.
4. The North Middleton Township Police
Department shall be provided with a copy of this Order by
Ernest A. Hoffstetter,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-1410 CIVIL TERM
John J. Hoffstetter,
Defendant
PROTECTION FROM ABUSE
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the foltowing 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 up to $250.00 to reimburse one of Legal
Services, Inc.'s funding sources for Legal Services Inc. 's
representation of the plaintiff.
You shoald take this paper to your lawyer at once.
have a lawyer or cannot afford one, go to or telephone
forth below to find out where you can get legal help.
If you do not
the of rice set
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA t7013
TELEPHONE NUMBER: (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law
to compty with the Americans with Disabil ities Act of 1990. For
information about accessible facilities and rea!onable accommo~ations
available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at teast 72
hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
Ernest A. Hoffstetter,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-1410 CIVIL TERM
John J. Hoffstetter,
Defendant
PROTECTION fROM ABUSE
PETITION POR PROTECTION ORDER
RELIEP UNDER THE PROTECTION PROM ABUSE
ACT, 23 Pa.C.S. ! 6101 et seq.
A. ABUSE
1. The plaintiff, Ernest A. Hoffstetter, is an adult
individual residing at 145 Faith Circle, Carlisle, Cumberland
County, Pennsylvania t70t3.
2. The defendant, John J. Hoffstetter, (SSN: t2l-66-80l2)
(Date of Birth: 12130/68), is an adult individual residing at 145
faith Circle, Carlisle, Cumberland County, Pennsylvania 17013.
3. The defendant is the plaintiff's son.
4. Since approximately the spring of t995, the defendant
has attempted to cause and has intentionalty, knowingly, or
recklessly caused bodily injury to the plaintiff, has placed the
plaintiff in ressonabte fear of imminent serious bodily injury,
and has knowingly engaged in a course of conduct or repeatedly
committed acts toward the plaintiff including fotlowing the
plaintiff, without proper authorization, under circumstances
which have placed the plaintiff in reasonable fear of bodily
injury. This has included, but is not I imi ted to, the following
specific instances of abuse:
a. On or about January 3, t998, the defendant
harassed and intimidated the plaintiff in ways
including, but not limited to, the following:
threatening to kick his ass, doing karate moves in
front of him, following him throughout the residence,
getting in his face, blocking in the doorway refusing
to allow the plaintiff through, and pushing him causing
him to fear for his safety..
b. On or about December 15. 1997, the defendant
punched the plaintiff in the eye causing it to swell
and poked his finger in his eye threatening to poke his
eye out. The police were called and they fited
charges.
c. Several times each week from September 1997 to ~he
present, the defendant got in the plaintiff's face, did
karate moves to intimidate him, yelled vile names, and
threatened to kick his ass. The defendant jumped at
the plaintiff. who cannot see well at night, and
brushed past him intimidating him and causing him to
fear for his safety. On one occasion, the defendant
threatened to grind up the plaintiff's bones.
d. On March 28, 1996, this Court entered a Protection
From Abuse Order against the defendant on behalf on the
plaintiff. a true and correct copy of which is
attached. The plaintiff's fear of abuse is exacerbated
because of past incidents of abuse which included the
2
following: hin ing, int imidat ing by aggressive
behavior, and threatening to kill the plaintiff and his
wi fe.
S. The plaintiff believes and therefore avers that he is
in immediate and present danger of abuse from the defendant and
that he is in need of protection from such abuse.
6. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassina the
plaintiff's relatives.
7. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
soleiy by the plaintiff.
~ REIMBURSEMENT POR COST OF CASE
8. The plaintiff asks that the defendant be ordered to pay
S2S0.00 to reimburse one of Legal Services, Inc. 's funding
sources for the cost of litigating this case.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. 8 6tOl tl~" as
'amended, the plaintiff prays this Honorabie Court to grant the
following rei ief:
A. Grant a Temporary Order pursuant to the
"Protection from Abuse Act:"
I. Ordering the defendant to refrain from
abusing the plaintiff or from placing him in fear
of abuse.
3
ERNEST HOFF STETTER and
MURIEL HOFFSTETTER,
Plaintiffs
. ..-.'
IN THE 'COURT OP COMMON PLBAS OF
CUMBER~D. .C~TY, :~.ffNSYLVANIA
. , '
.
.
v.
: CIVIL ACTION - LAW
PROTECTION FROM ABUSE
JOHN J. HOFPSTETTER,
Defendant 96-1410 CIVIL TERM
IN RE: PROTECTION "ROM ABUSE
ORDER or COURT
AND NOW, tt.is 38th day of March, 1996, upon
consideration of Plantiffs' petition under the Protection Prom
Abuse Act, and fOllowing a hearing at which the Detendant did
not appear notwithstanding that he received notification of the
hearing through service by the cumberland County Sheriff, the
Court tinds that the allegations of Plaintitfs' petition with
respect to abu.e have been proven by a preponderance oe the
evidence, and that the Dofendant has committed abuse as alleged
in the petition m.~ting the detinition of abuse as contained in
the Protection Prom Abuse Act. Consequently, it is ORDERED and
DIRECTED as tollows:
1. The Defendant, John J. Hoffstetter, is
enjoined from physically abusing the ~laintiffs, Ernest
Hoffstetter and Muriel Hoffstetter, or either of them, and from
placing either Plaintiff in fear of abuse.
3. The Defendant is prohibited trom entering the
Plaintiffs' residence and from being on the premises of said
residence at 145 Faith Circle, Carlisle (North Middleton .
Township), Cumberland County, Pennsylvania.
J. This Order shall remain in effect for a
period of one year.
4. The North Middleton Township Police
Department shall be provided with a copy of this Order by
EXHlBIT A
The above-named plaintiff, Ernest A. Hoffstetter, 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. I 4904 relatina
to unsworn falsification to authorities.
Date: /;/..2 / '19'
I /
5/J///'~//~ (~
~~/ I :JY/~ 7/ 'J
Ernest A. u6 stetter, Plaintiff
v.
IN THE COURT Of COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
INDIRECT CRIMINAL CONTEMPT
96-1410 CIVIL TERM
ERNEST A. HOff STETTER ,
PldnUH
JOHN J. HOFFSTETTER,
Defendant
ORDER OP COURT
AND NOW, this 17th day of Pebruary, 1999, the
Commonwealth in the peraon ot Mary-Jo Mullen, Esquire, and
Defendant's counsel in the person of Timothy L. Clawqes,
Esquire, now appearinq in court, and the Commonwealth'. attorney
havinq moved for a continuance ot trial in this matter until
Monday, May 34, 1999, at 9:30 a.m., because of the Defendant's
pre.ence at this time at a state mental hospital pursuant to an
order for involuntary treatment, and the Defendant's coun.el
havinq indicated that he is unable to concur in this request tor
a continuance, the Commonwealth's motion for a continuance is
qranted, and the trial scheduled for Monday, February 33, 1999,
is rescheduled for Monday, May 34, 1999, at 9:30 a.m., in
Courtroom No.1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
By
J.
WILLIAM I. GABIG, ESQUIRE
Assistant District Attorney
TIMOTHY L. CLAWGES, ESQUIRE
Assistant Public Defender
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HI~" DERRY.STREET
IIARRISIIURG, PA 17111-~2('{1
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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 Plalntiff.
6. A violation of this Order may subject the
Defendant to: (i) arrest under 23 Pa.C.S. Section 6113; (ii) a
private criminal complaint under 23 Pa.C.S. Section 6113.1;
(iii) a charge of indirect criminal contempt under 23 Pa.C.S.
Section 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. Section 6114.1.
7. The North Middleton and Hampden Township
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. Section 6113) .
8. The Defendant shall pay all costs required
under the Protection from Abuse Act as a result of the hearing
held herein.
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v.
IN THE COURT OP COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
INDIRECT CRIMINAL CONTEMPT
ERNEST A. HOPFSTETTER,
Plaintiff
JOHN J. HOPPSTETTER,
Defendant
No. 96-1410 CIVIL TERM
ORDER OP COURT
AND NOW, this 3rd day of Pebruary, 1998, upon
consideration of the complaint charging indirect criminal
contempt in the above-captioned matter, and following a nonjury
trial, the Court finds the Defendant guilty of indirect criminal
contempt for violation of the Protection Prom Abuse Order issued
by this Court on January 31, 1998.
By the court,
MARY-JO MULLEN, ESQUIRE
Assistant District Attorney
TIMOTHY L. CLAWGES, ESQUIRE
Assistant Public Defender /
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ERNEST A, I\OFFSIl.:ITER.
Plaintiff
: IN HIE COlIRT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
I PENNSYl.VAN[A
! NO. 96-1-110 ClV[L rERM
I
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: PROTECTION FROM ABUSE
I
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V.
JOHN J. 1I0FFSTEHER.
Delendant
ORDER OF COllRT
AND NOW. this .1.2...-ftuay of yt 1 ~.J " L,
. 1998. upon consid~ration of
th~ within Motion and on motion of Timothy l.. Clawg~s. Esquire. Assistant Public Defender. it
is h~reby order~d that a h~aring shall be St:heduled for i tu ElI'-1 . the J? fA day of
J
"-//),V-I'/v' . 1998. at J: ,,0 o'dol:k -i.M. in Courtroom No.~. Cumberland
County Courthouse. Carlisle. Pennsylvania.
BY HIE COURT.
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the part of the plaintiff and defendant shall not nutlify 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
expirat ion date if the Court finds that the defendant has
committed another acl 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 ::lId. day of
January, t998, atl:,~~___<t.m., in Courtroom No._,J_, cumberland
County Courthouse, Carlisle, Pennsytvania.
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
The Cumberland County Sheriff's Department shatl attempt to
make service at the ptaintiff's request and without pre-payment
of fees, but service may be accomptished under any applicabie
rute of Civlt Procedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shalt not send a copy of this Order to the defendant
by mai I.
The North Middleton and Hampden Township Police Departments
will be provided with certified copies of this Order by the
ptaintiff's attorney. This Order shatl 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
harassed and intimidated the plaintiff in ways
including, but not limited to, the following:
threatening to kick his ass, doing karate moves in
front of him, fOllowing him throughout the residence,
getting in his face, blocking in the doorway refusing
to allow the plaintiff through. and pushing him causing
him to fear for his safety..
b. On or about December IS, 1997, the defendant
punched the plaintiff in the eye causing it to swell
and poked his finger in his eye threatening to poke his
eye out. The police were called and they filed
charges.
c. Several times each week from September 1997 to the
present, the defendant got in the plaintiff's face. did
karate moves to intimidate him, yelled vile names, and
threatened to kick his ass. The defendant jumped at
the plaintiff, who cannot see well at night, and
brushed past him intimidating him and causing him to
fear for his safety. On one occasion, the defendant
threatened to grind up the plaintiff's bones.
d. On March 28, 1996, this Court entered a Protection
From Abuse Order against the defendant on behalf on the
ptaintiff, a true and correct copy of which is
attached. The plaintiff's fear of abuse is exacerbated
because of past incidents of abuse which included the
2
fallowing: hitting, intimidating by aggressive
behavior, and threatening to kill the plaintiff and his
wife.
~. The ptalntlff believes and therefore avers that he Is
in immediate and present danger of abuse from the defendant and
that he is In need of protection from such abuse.
6. The ptainliff desires that the defendant be enjoined
from haraSSing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
7. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
solely by the plaintiff.
~REIMBURSE~T fOR COST OF CASE
8. The plaintiff ~sks that the defendant be ordered to pay
$2~O.OO to reimburse one of Legal Services, Inc. 's funding
sources for the cost of litigating this case.
WHEREfORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, t976, 23 Pa.C.S. ! 6101 tl ~., as
amended, the plaintiff prays this Honorable Court to grant the
fat lowing retlef:
A. Grant a Temporary Order pursuant to the
"Protection from Abuse Act:"
1. Ordering the defendant to refrain fr~m
abusing the plaintiff or from placing him In fear
of abuse.
3
2. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
J. Prohibiting the defendant from removing,
damaging, destroying or selling property owned
solely by the plaintiff.
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 per iod of one year:
t. Ordering the defendant to refrain from
abusing the plaintiff or from placing him in fear
of abuse.
2. Ordering the defendant to refrain from
harassing and stalking the ptaintlff and from
harassing the plaintiff's relatives.
J. Prohibiting the defendant from removing,
damaging, destroying or selling property owned
solely by the plaint iff.
4. Ordering the defendant to pay $250.00 to
reimburse one of Legal Services, Inc. 's funding
sources for the cost of tltigating this case.
The plaintiff further asks that this Petition be filed and
served without payment of fees 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 North Middleton
4
ERNEST HOPPSTETTER and
MURIEL HOPPSTETTER,
Plaintiff.
. ~. -.'
1M THE 'COURT OP COMMON PLEAS OF
CUMBER~D .C?~TY, :P~NSYLVANIA
. .
v.
CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
JOHN J. HOPPSTETTER,
Defendant
.
.
96-1410 CIVIL TERM
IN RE: PROTECTION FROM ABUSE
ORDER OF COURT
AND MOW, this 38th day of March, 1996, upon
consideration of Plantiff.' petition under the Protection Prom
Abuse Act, and followinq a hearinq at which the Defendant did
not appear notwithstandinq that he received notification of the
hearinq throuqh service by the Cumberland County Sheriff, the
Court finds that the alleq~tions of Plaintiffs' petition with
re.pect to abuse have been proven by a preponderance of the
evidence, and that the Defendant has committed abuse as alleqed
in the petition meetinq the definition of abuse as contained in
the Protection Prom Abuse Act. consequently, it is ORDERED and
DIRECTED as follows:
1. The Defendant, John J. Hoffstetter, is
enjoined from physically abusinq the Plaintiffs, Ernest
Hottstetter and Muriel Hoffstetter, or either of them, and from
placinq either Plaintiff in fear of abuse.
3. The Defendant is prohibited from enterinq the
Plaintiffs' residence and from beinq on the premises of said
residence at 145 Faith Circle, Carlisle (North Middleton .
Township), Cumberland County, pennsylvania.
J. This Order shall remain in effect for a
period of one year.
4. The North Middleton Township Police
Department shall be provided with a copy of this Order by
EXHIBrT A
The above-named plaintiff, Ernest A. Hoffstetter, 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 t8 Pa.C.S. g 4904 relating
to unsworn falsification to authorities.
Da t e : _.!j.d.)fJt_____
Plaintiff
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CERTIfICATION Of PfA'5
Cdse Number ~
Ndme Jct-.",,). I-l-,\C; <,\e~ p r
-JJ..t!i rl,A'-" ('~n'\e
C (lr\i~\~ ~'7013
,
V ic t im' 5 Name:
r rrw.J A. ~Io\\~ti' \t€r
Baldnce Due: $.93.'70
170 State Surcharge
171 Stdte fine
260 Sheriff Cost
ADD
$ ~5 ,00
$
$ loC;?, '70
DELETE
$
$
$_
~O2 Restitution $
Ndme
Address
Ci ty
Ndme
l.ddcf!55
City
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Add. "55
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Pro' horllltdry Off ice
Per'ion Certifying Infol:mation
t..~~J) 0l):J,r''r~~''l e
_L,;J3- 9'1
(Continuation o( 2.)
De(endant Name: JOHN J HOFF::i'l.t:l'1'tJ<
Docket Number:
POLICE
CRIMINAL COMPLAINT
all o(which were against the peace and dignity of the Commonwealth o(Pennsylvania and contrary to the Act
o( Assembly, or in violation o( 1. 10190 of ,h. 6-23-1978 PFA 0
(Section) (Sub-Seccion, CPA Stat~t.) (counts)
2. of 'h. 0
(Section) (Sub.Sectlon) CPA Statute) (counts)
3. of ,h. 0
(Section) (Sub. Section) (P. Statute) (counts)
4. of the 0
(Sect ion) (Sub.Section) CPA Statute) (counts)
3. I ask that a warrant o( arrest or a summons be issued and that the defendant be required to answer the charges
( bave made. (In order for a warraot of arrest to issue, the attacbed affidavit of probable cause must be completed
and swom to before the issuing authority.
4. I verify that the (acls set (orth in this complaint are true and correct to the best of my knowledge or information
and belief. This verification is made subject to the penaities of Soction 904 of the Crimes Codell8 PA. C.S.
S 4904) ,'elating to unsworn falsification to authoritios,
.\-'1D NOW, on this date
completed and verified, An a
I
been properly
p.,
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JJ-.t(,-J
SEAL
(...a9IstfrloJl DI$trlCt)
AOPC 41Z'(4/96)(lnternet ver~ion)
2-:1
Ernest A, Hoftsteller,
: IN TilE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERl.AND COUNTY. PENNSYL VANIA
vs.
: NO. 96-1-110 CIVIL TERM
)ohn 1. Hoftsteller.
Deli:ndant
: PROTECTION FROM ABlISE
NOTICE OF IIEARING AND ORDER
VOU HAVE BEEN SUED IN COURT. If you wish to deli:nd against the daims setl,lfth
in thc tollowing papers, you must appear at the hearing scheduled herein. If you fail to do so, the
case may procecd against you and a FINAL Order may be entcred against you granting thc relief
requested in the Petition. In particular. you may be cvictcd !Tom your n:sidencc and losc other
important rights.
,
A HEARING ON THIS !\lATTER IS SCIIEDULED ON l.<:t'A' ",It"" ~J'J,1999,
AT :3 '(h t) .1\1., IN COURTROOM NO. I OF TilE CUMBERLAND
COUNTV COURTHOUSE, CARLISLE, PENNSYLVANIA.
You MUST obcy the Order that is attached until it is modificd or tenninated by the court
after notice and hearing. I f you disobey this Order, the police may arrest you. Violation of this
Ordcr may subject you to a charge ofindircct criminal contempt which is punishable by a tine of up
to $1.000.00 and/or up to six months in jail under 23 Pa.C.S. *61 I -I. Violation may also subject
you to prosecution and criminal penalties undcr thc Pennsylvania Crimes Code. Under federal law,
18 U.S.c. *2265, this Order is enlorceable anywhcrc in the Unitcd Statcs. tribal lands, U.S.
Territories and thc Commonwealth of Pucrto Rico. If you travel outside of the state and
intentionally violatc this Order. you may be subject to ti:deral criminal proceedings under the
Violence Against Women Act, 18 U,S.c. * 2261-2262.
Vou should take this paper to your lawyer at once. Vou have the right to have a
lawyer represent you at the hearing. The court will not, however. appoint a lawyer for you.
If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below
to Ond out where you can get legal help. If you cannot find a lawyer, you may have to
proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 UBERTY AVENUE, CARLISLE, PENNSYL VANIA 170t)
TELEPHONE NUMBER: (717)2-19-3166
AMERICANS WITH DlSABIUTIES ACT OF 1990
Thc Court of ('ommon Pleas of Cumberland County is rcquircd by law to comply with the
Amcricans with Disabilities Ad of 1990. For inl"nnation about acccssible facilitics and reasonable
accmnmodations available to disabled individuals having busincss bcl,'re the court, plcasc contact
our omce. All arrangements must be made at least 72 hours prior to any hearing or business bet"rc
thc court. Ynu must attend the schcduled wnti:rence or hearing,
hearing, all .0nla.1 between Ddi:ndanl and the .hil.L n:n shall be limited to the tullowing:
... The Jm:allaw entur.emel1\ agen.y in the jurisdi.tion wher.: the .hilJ,ren arc loealed
shall ensure Ihal the .nild, ren arc pla.ed in Ihe .are and .ontrul of the Plainlitf in
a..:ordance with the lerras of this Order.
o 6. Deti:ndant shall immediatdy relinquish Ihe ti.ll1owing weapons 10 Ihe Sherifl's
Ollice or a designah:d local law entilr.ement agency ti,r the delivery to the Sherifl's Ollice:
Ddi:ndant is prohibited trom possessing. transti:rring or acquiring any other weapons tlJr
the duration of this Order.
181
1.
The following additional relld Is granted:
'fhe Cumberland County Sheriffs Department shall attempt to make service at
plaintiffs request and without pre-payment of fees. but service may be accomplished
under any applicable Rule of Cl~1I 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
Defendant by mall.
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 tbat
Defendant has committed another act of abuse or has engaged in a pattern or practice
that Indicates continued risk of ha.rm to Plaintiff.
Defendant is enjoined from damaging or destroying any property owned jointly
by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiffs relatives.
181 8. A certified copy ofthis Ordershall be pro~lded to the poliee department where
Plaintiffresldn and any other agency specified hereafter: North Middleton Township
Police.
o 9. THIS ORDER SCPERSEDES 0 ANY PRIOR PFA ORDER AND 0 A!'JY
PRIOR ORDER RELATING TO CHILD CUSTODY
181 10. TIllS ORDER APPUES I\I\IED"'\TELY TO DEf'E:"iDA:'IlT AND SHALL
RE:\IAI:"i IN EFFECT U:'IlTIL MODIFIED OR TER\IINATED BY nlls COURT
AFTER NOTICE A:"olD HEARI:"iG.
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his hands In a threah:nlllg manner calJslllg Plaintlfftn lear he 'has going tn hit him,
Plaintiff called the puitce and Dekndant 'has remmed trom the residence,
1.), Dclend;mt has committed the tillh1wing prIOr acts of abuse against Plaintiff:
a) On or about November li. 1'1'19. Dclendant screamed vile names at Plaintitl'.
and threah:ned that he would bc lying in the dark waitinglllr him and he would get
him, Defendant threw a gas can at Plainti ff and blncked the garagc doorway so hc
cnuld not enter tbe rcsidenec,
bl In or about January of I 'Nil. a Protection trom Abusc Order was entered under
the abovc captioned number, Plaintiffs lear of abuse is cxacerbated bccause of
Oclendanl's history of abuse which included. but not limited to. thc lollowing:
shoving. punching. throwing objects at him. intimidating him by doing karatc movcs
in front of him causing him to tear he was going to hit him. On onc occasion,
Dclendant thrcatcncd that he would grind up Plaintiffs bones. causing Plaintitl'to
Ii:ar lor his lile. Deli:ndant has destroyed Plaintill's propcrty by brcaking things.
throwing things. and pulling holes in the wall. Defendant doc9 not take his
prescribed medication which results in aggressive and bizarre behaviors causing
Plaintill'to lear Illr his salety and that of his wi te.
10. Thc following police department or law enlllrcement agency in the arca in which Plaintill'
lives should bc provided with a copy ofthc Protection Order: North Middleton Police Department.
II, There is an immcdiate and prcsent danger of funhcr abuse from the Delendant.
12. Plaintiff is asking the Court to evict and exclude the Dcli:ndant from the residence at 5
Longstrect Road. Carli sic. Pennsylvania. which is o'hned by Plaintitl
WHEREFORE. PLAINTIFF REQUESTS THATHIE COURT ENTER A TEMPORARY
ORDER. AND AFTER HEARING. A FINAL ORDER HIA T WOULD DO THE FOLLOWING:
A. Restrain Dcli:ndant from abusing. threatening. harassing. or stalking Plaintiff and/or
minor child in any placc wherc Plaintill'may be tllund.
B. Evict and exclude Dclendant Irom Plaintitl's re~idence and prohibit Defcndant Irom
attempting to enter any temporary or pcnnanent residence of the [llaintill
C Prohibit Dclendant Irom having any wntaet with Plaintiff. either in pemlO. by
telephone. or in writing. personally nr through third persons. including. but not limited to,
any cnl1laet at [llaintifl's residence,
D, Prohihit Defendant Irorll harassing [llaintill's relatives.
E.
Order Dcli:ndant hl pay the cnsts of this action. including tiling and service Ices.
I
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Deli:ndant
: IN HIE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. %-l:!l.!LCIVIL TERM
: PROTECTION FROM ABUSE
Emest A. Huffstetter,
Plaintitl'
\IS.
Juhn J. Hoffsteller,
The Plaintit"l: Ernest A. Hoffsteller . by ami through his allomey, Joan Carey of Legal
Services, Inc., moves the Cuurt l'lr an Ordcr rescheduling the hearing in the above-captioncd case
on the grounds that:
I. A Tempomry Protcction From Abuse Order was issued by this Court on Dcccmbcr
13, 1999, scheduling a hearing lor Dcccmber 22. 1999, at 3:00 p.m.
2. Thc Cumbcrland County Shcrift's Dcpartment deputized the Dclawarc County
Sheriffs Dcpartment to serve the Defcndant with a certitied copy of the Temporary Protection
From Abuse Ordcr and Petition lor Protection From Abusc. Thcy havc bccn unable to cffcct scrvice
on Dcfcndant.
3. The Plaintiffrcqucsls thatthc Tcmporary Protcction From Abuse Order remain in
etlecttor a pcriod of one year from the dall: it was cr.tercd or until further Order of Court, whichevcr
comes tirst.
4. Ccrtilied copies of the Ordcr lor Continuancc will bc delivcred to the North
Middleton Police Departmcnt by the attorney lor the PlaintilI
WHEREFORE, thc Plainrill'rcljUCSIS lhatthc Cuurt grant this Motion and rcschcdulc this
mattcr tor hearing, and lhallhc Tcmporary Protcction From Abusc Ordcr rcmain in cftcct Illr a
pcriod ufonc ycar Irom thc dalc it was cntcrcd or until furthcr Ordcr ufCourt, whichevcr comcs lirsl.
R,cspcctfuIlY(Z. illed,
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IJJoan Carcy, Allomcy f lainlill'
LEGAL SERVICES, INC.
H Irvine Row
Carlisle, P A 17013
(717) 243.9400
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 96-l:lliLCIVIL TERM
: PROTECTION FROM ABUSE
Ernest A. Hoffsteller.
Plaintiff
John J. Huffsleller,
Defendant
The Plaintiff, Ernest A. Huffstetter , by arnlthrough his attorney. Joan Carey of Legal
Services, Inc., moves the Coun for an Order rescheduling the hearing in the above-captioned
case on the grounds that:
1. A Temporary Protection From Abuse Order was issued by this Court on
December 13. 1999, scheduling a hearing for December 22. 1999. at 3:00 p.m.
2. A Continuance was issued December 20. 1999, rescheduling the hearing for
January 3, 2000, because the Sheriff was unable to effect service on the Defernlant
3. The Cumberlarnl County Sheriffs Depanment deputized the Delaware County
Sheriffs Depanment to serve the Defendant with a certified copy of the Temporary Protection
From Abuse Order and Petition for Protection From Abuse. The Defendant was served
December 28, 1999, at the Delaware County Prison, at 1:44 p.m.
4. The parties agree to reschedule the hearing to afford l.hem lime to negotiate
a Consent Agreement.
5. The Plaintiff requests lhatthe Temporary Protection From Abuse Order remain in
effect for a period of one year from the date it was entered or until further Order of Court.
CERTIFICATION OF BAIL 10TN l~ 'I LI I ' ol.',I t." ."
AND DISCHARGE 96-1410 Civil , 'II".''''''
(.Otr,IItr,M.Jh'lll\;Alhl"'i o."nU."1 /oj"",.,." ,I ,1"tJ,.. " , ,,,A"L.t,',, cont.llltJ ""." I, ..AII',.,',\
Jobn J. Hoff.tett.r Indir.<:t Criainal
U5 'aith Circl. on PfA Charg..
earll.l. PA 17013
o AOA Ino sU.8Iy) i ] Nom,n"l Bail
CJ Ball Ilolal amounlsel, II olny) , 5,000.00
o CondlhO"' 01 R.lIa~.1.15Id.lrom appullog .11 :ourt wnen required I NEXT COUHr ACTION
'10 appear for non-jury trial b.for. _"2t~' 1'" . ,,]0 III T ~~I ~a
tb, Hon~. W..l.y ~' Jr.. J. TO [1 DeltJIl110n c.,lIle, ( IOH\tH
II I.. I.." ''9 . DJ,ati~ I heU!Oy cortll,;, that SUlllC1unl cad hotS bt!UIlIJnllll~(1
(Daft'. ~) .. to UIlII bla ~.
\J By the dclenddn1 [ ] On behalf qtlh" rJchmdilnl by
iattilch i1dUtJIlfJlJllI. II necessary) Vlvian I. ROck., 5000001
!)tCUHlt f O":iUlll T1111 ..."tl
o SUle'y Company 11'0,,'1'11.\ "o.Jdl~'~iil ~""III'I,I ,1..<.:"""....\1)
[prolSSSlonal Bondsman . Rotund 0' caSh ball -Nlli oe made wIthin 20 day!; aile I
o Aeally Ilnal dlSpoSlllan \Pa A Cr P 4015(011
~ . Relund 01 all alher lypeS 01 b.1l1 Will be made pfOmplly aller
atIJxtllXXxlXXXxixxxXXXXX 20 days lallOwlng hnal diSpoSition \Pa A Cr P 40154a))
JUoGE OR ISSUINGAUTllGRlTY . BllngCash Ball Hecelpllo Clulk 01 Coull
J. ...1.y Ol.r, Jr. , J. -
OISCHARG~ TH~ ABOV~ .NAM~O OEF~NOANT FR~M CUSTOOY IF
APPEARANCE OR BAIL BOND OETAIN~O FOR NO OTH~R r.AUS~ THAN TH~ ABOV~ STAT~O
THIS laND IS VALID FOR THE ENTIRE PROCEEDINGS AND Gillen under my h"nd and Ihu Othel"l Seal ollhlS Courl.
UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUOING :Z3rd April 19 99
FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI lhlS dayot
011 APPEAL TIMELY FILED IN THE SUPREME COURT OF THE .\ I, I --;{} J') ('"'' (, ,,~-, IS~AL)
UNITED STATES.
I ' ~i"'" 'I' rl"" O' h....../l~ Au''''''''' ~/ -/1
PLr,CE 01' DE lTNTI(H,
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Emesl Alexander Ilof/steller.
Plaintiff
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V5.
: NO. 96-1410 CIVIL TERM
John Joseph Hoffstellcr.
Delendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HA VE BEEN SUED IN COURT. If you wish to detend against the claims set forth in the
following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed
against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In
particular, you may be evicted from your residence and lose other important rights.
A hearing on this matter is scheduled on the ,311l day of December, 2002, at 1/ :1',1 1. .m., in
Courtroom No. I on the 4'h Floor of the Cumberland County Courthouse, I Courthouse Square,
Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modi lied or terminated by the court after notice
and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to
a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six
months in jail under 23 Pa.C.S. 961 14. Violation may also subject you to prosecution and criminal peualties
under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, this Order is enforceable
anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 U.S.c. 9 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer represent you
at the hearing. The court will not, however, appoint a lawyer for you. (I' you do not have a lawyer or cannot
afford one, go to or telephone the oflice set forth below to find out where you can get legal help. If you
cannot tind a lawyer, you may have to proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
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 infonnation 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 conterence or hearing.
4. The following additional relief is granted:
. Defendant shall not destroy property owned by Plaintiff.
S. A eenified copy of this Order shall be provided to the police department where
Plaintiffn:sides and any other agency specified hereafter:
North Middleton Township Police
6. The sherin: police or otner law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for
Hearing without prepayment of costs. The Petitioner will inform the designated
authority of any addresses, other than the Defendant's residence, where Defendant
can be served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
7. THIS ORDER APPLIES IMMEDlA TEL Y TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL JUNE 2,2004 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or
up to six months in jail. 23 Pa.C.S. S6114. Consent of the Plaintiff to Defendant's
return to the residence shall not invalidate this Order, which can only be changed or
modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.
g6113. Defendant is funher notified that violation of this Order may subject him/her
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 V.S.C. Sg2261.
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiffs
residence OR any location where a violation of this order occurs OR where the
defendant may be located. if dt:fendant violates Paragraphs 1 through 3 of this Order.
defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest
for violation of this Order may be made without warrant, based solely on probable
cause, whether or not the violation is committed in the presence of law enforcement.
Subsequent to an arrest, the law enlorcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must fonhwith be delivered to the Sherin's office of the county
which issued this Order, which office shall maintain possession of the weapons until
6. TillS ORDER SUPERSEDES:
I. ANY PRIOR PFA ORDER
7. All provisions of this order shall expire on: June 2, 200~
NOTICE TO TilE DEFENDANT
VIOLATION OF nns ORDER MA Y RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS
PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE
OF UPTO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO
SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER
THE PENNSYL VANIA CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE
DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND
THE COMMONWEAL nl OF PUERTO RICO UNDER THE VIOLENCE
AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF
THE STATE AND INTENTlONALL Y VIOLATE THIS ORDER, YOU MAY
BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT
ACT. 18 U.S.C ~~2261-2262.IF YOU POSSESS A FIREARM OR ANY
AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAYBE
CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS
PENNSYL VANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU
FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. ~922(g)(8).
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiffs residence OR any location
where a violation of this order occurs OR where the defendant may be located,
shall enforce this order. An arrest for violation of Paragraphs (through 3 of this
order may be without warrant, based solely on probable cause, whether or not
the violation is committed in the prescnce of the police. 23 Pa.e.S. ~6113.
Subsequent to arrest, the police officcr shall seize all weapons used or
threatened to be used during the violation of the protection order or during prior
incidents of abuse. The Cumberland County Sherlrrs Office shall maintain
possession of the wcapons until further order of this Court.
When the defendant is placed under arrest for violation of this order, the
defendant shall be taken to the appropriate authority or authorities before whom
defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt"
shall then he completed and signed by the police oflieer OR the plaintiff.
Plaintifl's presence and signature are not required to file the complaint.
Oec-13-02 lO:33A US Probation Hbg PA
717 7824881
P.03
Atldlll.laI C.otIlllall V,.I .......
Upon flndllll_ rti_ by ... .f tIl. oll<>v, I1Ml/lQdo ""II 110' by ....It_iDly ........ till oppcenn.. .f illt
._,1IIlI illt "'IIY .f _ pcnonIlIU tIl. e_mWUIY
rr IS FURTHER ORDERED _ "" rat.... of"" <lcfendanllS ",bjCCII' tlla ",odll'O.' mlr1lcd bel.w
( . (6) The Wendan'.. p.... III tlla ,...04y of:
(N.... wi puson .r .,....,.,..) _
(Add.....)
(C,Iy..d S....I- (Te. N'I
10110...... (., 10 "'pen'" "" dcl...dlllllll occardanc. witll &lllll. <and.".....1 ",11&1I, (bjlO 0" .very .fTOIlIO u,or. tile
.."....... .r till dcfendan.. a11l11 Jelledoled court procced.nl" IIld C 10 nouly tlla e",", ,mmedio..ly I. Ill. even' "" d.fendlll'
VM)IQIS *,y ~dlClonl of rei... or duappars.
CullOdian 01 Pro.y
(.II (7} The dcrcndMl sn,lJ?hfi: ~. .4' ..,-
(of(O)repor1lO""""'" ~ J~/~I.I'f"f.. ,ujl
1.loph.... number _~~.,j IIIU IllI11 _ --
( ) (b) aeeull . bond 01 an q.raemcnllO (orfell upon flllmllO 'PPCII .. rcquJf'ed thl (ollowln, sum or money or
dCSJ....ed property
( , (e) poJl w,lll tlla :oil" "" 1011'.'.1 iodiell 01 .wncrslup .f Ih. ebove-descnbed properlY. .r Ill. r.llow'.1 ""0.' or
pcrccn.... .f"" ebo....x.crobcd __ _ _ . -
( ) (d) IXecul,. bail bond wnh SOI'tlCGE wrctlCS In the amount DC S_~ ____
( ) (.) Malnwn Of' Klively iCek employment.
( ) (0 Mlln'"ln or commence MI cducluonal prolram.
( ) II) \UlTIndcr lilY ,_1110 _ __
( '!.hI ....... no ....".11.
~i) Ablde.by the (oUS\wl_n,_res1ncIIDfls on penonll.uSQt;UlhonS. Pllf'o..f_~._~ Ilrr..!I! travveell _ Lo ,d....-.,,__ J,., a.c n. d~'
.)&d'~~/~.., ".J..U'~~~-.~ ~~:.5~.L"1-~ ~
(.((j) iI"old all ~lK" directly or IfMhrKtly With 111)' penons who lie or who m.)' be become a _lCtlm or polcRull wllnen ~
,. u;t~cc~~~:...,!,,~ :~;OI'O..~ludl bOI.OI .mll IOn.- -:- __u_ f/I, J?OJ3
( ) fir) \hilll W\dc:rlo mcdu:alllr p'y<:huwlc treatment and! remiUn In Ui Instllllnon, as (01l0w5
~I....d
011I
( ) III relum 10 ,0Jlody uch 110m) d.y IS .f___... . _ . .fter bel'l "'I....d ..,h ,week) dOl as or
for emplo)'ment. schoohn. or &ho rOUOWlPlllmlled purposc(!): _ _. _ __. .___.
( >>(m) mamtaln rclnkn,e II. halfwa; house or ~mmunllY CQfTC(lIons center. as Jeemei~ b~ thc.pr~~
omce ur supcrvisinl offl<:er,
( ) <<n) ~(rain (rom possculn. a tirann. dcSlnKlIVIl!: deVice or other danlcrtluS wC<lpon.\
I ) (.. refra,. from ( ) any ( 'nee,,,VI o".r alcohol.
( l (pi refrain from use at unlawtUJ poS5fSSlon ur I "atCOIIC drull or other conlrolled iUbstan,cs dclined tn II U S,C 'lOt
unless prescnbed by I heensed medical prlClluoncr
( ) (q) submit to any method of lellln. required by the pretrial services om<< or the superllSlnl offi,er for determlnlnl
whether the defendanl is USIA. ~ prohlbned subltalKe Such methods rmy be used Willi random frequency and
Include urine lCstinl. the wellln, 01 J sweal patch. " remote alcohol teStlnl 'ystem. and/or any form of proh.bllcd
",b,..." screen,nl OlIl'U" ~~lA~
t-f(r) partlelp"" In I pro,run of InplllCRI or oulpMlcnl ~ T 'Y and counsclinc If dumcd adVisable by the
ptClrIll SCt'\Iu:as office or supcnl.inl officer CI:ilt .t:::fu-. ..... to C. ~"""\
( ) (5) rcfratn from obstlUCunl or ancmpnnl to oburuct or rampcr. in lAY fashion. With the emelene)' IIId Kcune)' of 31\)'
prohibit substaP<< testana or elcclrOmc ml.Kuconl'.whll;h IS (.....) required u. I;undlhon(sl o(rcleasc
( ) (I) plrtlc'plte In one or 1he ("Howlne home r:onnncmcnt program c.omponents Iftd .v:ude by aU "lhc requlfcmcnlS of the
"ructlm which ( ) w,1l or ( ) Will nollnclude dCl.:tronlc monitoriAl or ulhct luc:ahon verificahon 'Y~ncm. Vou shan
PlY ~I or put or the eoSI of the proJRfTI b.&$Cd upon )'our ,d)lliry 10 ply J.S determined by lhe pretnal \CrvICCS office or
supenllln. uffit:cr
( )(,) Curfew. Your III restrlclcd to your resl4cnce evcry da~ ( J (rom ._ to ____, or 1 ) a:s dlrecled by the
pretr'll JCrvl~' om,"c or Supcrvislnl offiur~ ur
( Mil) Humc Detention Your are rntrll;tcd 10 )lour rcsldcnu 11.11 times c;ucpI ror medical need"i or Irealmenl.
rellllous sc,...,,<:e. and ,"oun appcar~u.:n pre-approved by Ihc prclIlal ~nlCe' office 01 '5UPCrvl!1n1 officer: or
t )(ill) Uomc 1"<:l1cerallon. You are rCSUlclcd 10 )our fCSldenc:c at III umltS c:tcepl for me..Jlcoll needs or trulmenl.
rch,lous SCf"l'I,"n, and court appcat~cn prc'lppro~cd by the ,,.-Ula.! servlccs offi<:e II( 'uper-ISInB officer
(uJ n:pon;u soon as po5slble. 10 the prc.trl~ SC("4'ICCS office or supcrvlsml officer iU1y ,onlaCt ".UI any law cnrurccmcnl
_./ pcnonnel. In~~11' but no limned 10. ..] ifT.c e.lSl. queStlonln.. ';lr I I' S10lJ:. . .f J1j 1.zJ. .. .
11'lI"_~ l1\a.JfU-l4'I~ ~ ~"~l"4
eX"') __ _ .__. _ -
(~,j_._-----
III
LEGAL SERVICES, INC.
8 Irvme Row
Carlisle. Pennsylvania 17013
(7P) 243-9400
Fax (717) 243.8026
West Shote (717\ 766-8475
Shjppensb~Jc~YJ3P:Wj~9
Frankll.n FUID W,
ChambcnlNr.. hnuywana l~l
;7li'lzoa.H,..
.U::S WUA/IIIWlI:it,.
G'II)'1D1.1ra.PtMf)'lwua11JZJ
17I1)1l4-1r.,t1
John J. Hoftsletter
5 Longslreet Drive
Carlisle, PA 170 J 3
PLAINTIFF'S .
EXHIBIT '
'/,o)eo ILC'I
Dear Mr. Hoffstetler:
Ernest Hoffstetler recently came to our office to discuss incidents in which he says you
destroyed property in his home and made threats to him. He has been advised of the criminal
and civil remedies available to him.
You should be aware that the criminal laws apply to acts ofvioJence even when they
occur between sons and fathers. The penalty tor simple assault, which can include "attempts by
physical menace to put another in fear of imminent serious bodily injury" is up to two years
imprisonment and a 55,000.00 fine. For harassment (including striking, shoving, kicking,
alanning or seriously annoying a person), the punishment is up to a $300.00 fine and 90 days
imprisonment. Harassment by communication is also a crime punishable by up to one yedl' in
prison or a $2500 fine. The crime of stalking includes engaging in a course of conduct such as
following someone without proper authority intending to cause the person fear of bodily injury
or substantial emotional distress. Stalking is punishable by imprisonment for up to seven years.
Ernest has also been advised of a civil remedy available under the Protection from Abuse
Act. Under this Act, he can petition the court to issue a Protective Order. If such an order is
entered, it will be placed on file with the police, and if you violate the order, you will be taken
before the judge who issued the order. The judge will then decide what punishment is
appropriate. A person who viOlates such an order can be imprisoned for up to six months.
Ernest does not wish to pursue her legal remedies against you at this timl!, but he does
want you to be aware that if there is further violence or threat of violence toward him, he is
prepared 10 lake legal action.
I hope your awareness of the consequences of violent acts will help to prevent the
recurrence of such acts in the future. I would also like you to be aware that there are counselors
in the area who specialize in helping people who wish to elIminate violence from their close
relationships. The fees fur some counselors are based on the income of the person requesting the
SER'rlNG ,wAl\fS. cnlBERLANO, nU.'\jKLJN .-\.'10 FULTON COUNTIES
!
CERlIFICATIONOF BAIL
AND DISCHARGE
C0""',t{';~"'f.".tlt.<; O.'."oJJI'r '."'''P. 1"'I-';M"',',
John J. Hoff.tetter
145 Faith Circle
PA 17013
L.l ROA,flO jOfttlYI Nljrf'tlrl,j18;101
~ B.11' ,:IOldl <llnOunl ..HI if otfl'll i 5,000.00
C CondillQflS 01 A'hld5' id,UJ. trom .IQue.,tflnq JI ,;ourt "nlffl 'l!QUlfltd I
To appear for non-jury trial b~for.
~on~ J. Wva1.y Oler. Jr.. J.
IliA au. "- "flg 1'lH'. nlati_
(11Ift'. ..."........>> ... to UIuI bia ---tJai.
(dll,J01.I'-JI1.jf"J,,1I1 :1 "I!'"....,,,II.I)
>t.1' .>l." ,~"."I" .. ..I",
C-j Su,ely Cnrnp,tr11j
L* PrO'I'lS510n,tl BontNtf14J1
'--1
l I Fh.dllV
[j O,~,
Ixx...t.xxtt.xxxixxxxixxxxxxXX
)1)[;''''' :'A,.~j;l~fl..Io.. r'iL"'I! i
J. W..ley Ol.r, Jr.. J.
APPEARANCE OR BAIL BONO
THII 10ND II VALID POll THE ENTlIIE PIlOCEEDINGS AND
UNTIL PULL AND PINAL DISPOSITION OP THE CASE INCLUDING
FIHAL DISPOSITION 0' ANY '(TITION FOil WIlIT OF CEIlTlOllAIlI
Oil APPEAL TlMELV PILED IN THE SUPIlEME COUIlT OF THE
UNITED ITA TES.
WE, THE UNDEIlSIGNED. del""dln' end .urety. our .ucc...o... he'
Com.nonwul.h.1 Pennay"enle .... .um 01
..~,
96-1410 Civil
',_,.v,'.,
.. t ~ ",lj".i I,;'
Indirvct Criminal Contvmp
on PPA Charges
~~.( r t:\JUf~ r AI_' rl(',jl.4
Miiy'~4;" 1999 . 'dO AM ~~ a
r,
Utll.!lllll;,n (:.!nl~1
Oll1tH
I '.071 ,'f;', '.,~1 I!t',. 't'd! 'il.H'( :I~I'I t),JIJ "d'j tm.!11 ,!nt~f"IJ
th :n,. ;JHI...r;d,tfll
I;" tW,,",lll "I tf't.t ,}t)trlnllun! Dy
Vivian I. Rock~y
5000008
" , . ,. \ ~. .'.!..' ,'ril,
'JI'Il'./,)
. HdiJrJlj o! i;<J6.n 0<111 hili ul! 1TI,IIJe h1\rliJ1 :.10 day'; ,JI"~.'
lt"I' ,JI \kU,;,r:Cir~ ,P,I R ,:r p ,JjJt'~WlJ
. R~r\jI'<l'J! ,Iii '..*'l:If !'~[;e~ 'Jl 0.111 'Ioidl bIt rTl,jlle OI(j!1101Iy ,Jllel
,'1'111Y'i !uIIrJ'h'r'q "1'dl.JI'H,lIJ'>I!lon !Pd R (. P -IU 15i,lll
. BI,f'q Chi' Bdl! ~eLl:llpll0 CitUlc 'J' COUfI
IlI;CHAHGE IHE ABOVE NAMED DEFENDANI FROM CUSIODV 'F
DE rA'~lD FOR ~,) O'HER CAUSE 'HAN IHE ABUVE STAlE~
( ,IVI'Il1j(ld." 'IIi n,uH1 ,llld Iht) 0'11(;,.11 Seal ,)llhl~ COllfl
Tt'I';
23rd
d,J',fJf
April
i)~9
,SEAL)
...tgn.. era Jointly end ..
dollar. (I
CERTIFICATION OF COUN iER INDEMNITY AND PREMIUM
SEE REViORSE SIDE FOH B.\le CCiNDlf,()NC,
Oaled
i'l
(Applicable Only When Surely Is A Corporalion)
Surtty
PH\C~).t1 jllll
n.,.o_ clltitv Ihlll In. amounl Piud by 'i,Jul P'iOCltldl fQ 'h!,ld ')ufttly IOf OJillf1 Ihl:! ,lOf)vlt rTMIlt' 1'1 S
,jnG fndlllo IUftner wrn i)' sums L$ 10 be Pduj l"erelare by 1M ')dill P;",nup.11 ,JI ,Inylm/! ;)n Ill; btm,jil
We tunner 'erM)! ltlet! 'idld PrmCIPdl ndS qlyen 10 ')411) 'iIJf~l~ C(jUnl"f mflemllil'~ r.:lJn~j~llnlJ 1)1
ot tn. vIII". 01 S
.stOlIOW!
Jnd fllJ 'urlt'!!!! I;lJUnltH IIHlem\1lly 15 to be IJllleO Ihe '.,lId SunUy eAClpl
Welurt",r t'fIl~ It'ldl "''''8 dJlf no IUlHJmltnT') ,Jq.MSI the ,).llt1 t!JfUIl',II~;ur~r', IJlJI'.t.jlldll1lj ,jlld \jnU,lu1 fOf .llJllrlQII ')1 i'JJ1ll1t Ihdn tnlrlV (My!. fnJITllh8 I1Jle Illlhe emry 01 \ucl1
Judqmenl iJACept !nOsel" .,.Mll:" d pellIIQ" 10 IJjjttrl r)r ~,J(Jre the rut1Qmtnl n,)'; O~n 'iltH~ ,wtl !ell'dll1'i lJfltll'iUIJ'll!d Il'
MUST II SIGNED IN PEIlSON
IV THE APPROVED AGENT
I ACKNOWLEDGE THATI AM UGALL y IlESPONSlllE FOil
THE PULL AMOUNT OF THE BAIL.
rtt~ loj/UN/Ill) ,,~/ff1uwle"fJ~m~fjr ,'j Ji~O .J/J~iw"tJi...
" Pe'<:.enrrJr~ Coj.," 8,J'. "j 'JS~.'<1
o.H'; 8CNO 'jl( .p'.f lJ I Jr,
,",pr i 1 ;,&.~.----"-'}.9.
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; .1. ~ j'~j' J . ~ .. A' j 1.\
'~"llitttJ,lf,tJ ,1'.i<"'.......lO'd'1I..ll t)tJI'..'....il'.. 'I'", I
23rd. a ~' , Apri'l
LjJA VAl t;
l}l}
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.'
. /fl '.;,"jp' ,~t 'lil'.J13.J1~ ",;I'''''V C,}il P'-'",i>T ," 4tl,.,..... ""J f
OfJ;jtfl.f~rolJ(l1ldl)I,.'I"t-!I'''',f'!t;'''IJ; "'.,1,,,1
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,. '....,":,..Ii .' ;.II'!,',I!'f" f ""L," "'''t''' ,1~'p.nI1dn/ I'; ,eiPd'ip.rl on ,,'..
'.~,. ".".' '-,"',,' ,n,.-,.' "tl H, ''''', '~'ii',f if'! ',")I'~fl ,n ,}iI 0.)11 ','flJ.",,)n<j
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CEIlTlflCATIOMOF IAIL
AND DISCHARGE
.:;(...I,U..Ct,,,.,(A\ ',~ J'.~ 'Dill.! <1.."1 ';<fm.. .1<'" 4""1~
John J. Hoffstdttdr
145 Faith Ci~cld
Ca~lis1 PA 17013
\.. -' ROA \no '-iufely/
.~ B.., (l0'.' ""OI,M;.' ,'.nyl
N\;n'>"JIB;ii!
I 5,000.00
L. -~ COfl(;flllon, af Flit/II":;lI {4!iIOe !Iom "'1J~ed(jfllJ JI coull o'llnvn IlfQwfQt1 J
To appear for non-ju~y t~ial bdfo~d
thd Hon. J. WdsldY Old~, J~.. J.
Rafrain &an nu:-ing PUf'. re.lat:i_
(Deft'. 1bthiIr) and to take his l11Ildicetim.
(,illdf.1l .idili':'nllllltl,,f i1'~'.,h:"Jlfi
- ]t(\illlrr-'~';JI'lr, ;f M"
CJ SUfely Compdny
[i PrOlfJ5S10n,U Bono<.;mdtl
o Really
iX~WMK*MXXRtMXXXiXXXXKXXXXXXXX
"uC!~f ::A~Sl)ir.('''..iT''''r;Qlr.
J. Wasley Oldr, Jr., J.
APPEARANCE OR BAIL BOND
THIS 10ND IS VALID 'Oil THE ENTIIIE PROCEEDINOS AND
UNTIL 'ULL AND FINAL DISPOSITION 0' THE CASE INCLUDING
'INAL DISPOSITION 0' ANY PETITION 'OR WRIT 0' CERTIORARI
Oil I.PPEltL TIMELY FILED IN THE SUPREME COURT 0' THE
UNITED STATES.
WE, THE UNDERSIGNED, del_nl and IU"'Y. our IUCC'''O''. hI!
Commonwut'h 01 ...nn.y.....I.lh. .um 01
';1.
96-1410 Civil
;: ';,..u....,\
"""",i:,
..".i- ',f ..".l\;j""l
!ndi~dct Criminal
on PFA Chargds
Contdmp
NI:..I( r <.",(I!jAT .....I.~ rl(),'.;
MiJY '24."' 1999 II 9:30 AM ~~ PA
f';
['t!tl!nlll;li CotlHttl
tj!httr
: f't!! .HOy ';'!!J t,", !n,jl ,ulh;itlf11 D.:J;I ~';I'i Olhtn t!nltjPJd
8y :n,~ '1l~!t~!~ddrJj
;,"'11 bl!ll.jJ! \)1 all~ ,tel!mdanl OY
Vivian t. RockdY
5000008
...,..... , ~,I r
",',......,.
. ..hfll.l1lj III ':.I'it1 Q,lli Will i)e !fI,ld~ NI!r',r',...'1) 'l;I\I~ .Iff",
t'l~di ,jl';U'.j';1{H~Jl l?,j A (;.1 P .1(1' 'Sit'll!
. RH'Jr:d "I ..II! iW1(~r l'ml?S -)1 Odll hill bit mdd~! orornOII'1 Jlter
.:0 ;j"I{'; lGilOW!I"i !'n,tllk,pI)Sda)rl iP;j A CI P -1l'I'jhiil
. [j, 'flY C.1~n 8<111 R"K'~!Or 10 Cit:)lk 01 ClJl,n
IlISCHAHGE '''f ABOVf NAMED OEFENOANf fHOM CUsrOOY if
DE Ll\INEO FOA I'ju orHt:H CAUSE THAN rHf Al!OVE SfArEO
(il\"~n !~n(Mr ,Ily h,jflJ .Hlll Ih~ Ollle1i)1 Se'll 01 !/"l'':J COIHI
'IWi
April
'9-29
(SEALI
d ...Ign.. .", jointly Ind ..
doll." (I
CERTIFICATION OF COUN rER INDEMNITY AND PReMIUM
SEE REVERSE SiDE FOR aAIL ',ON!)I~iONS
PtlflCIPdl ;lOlt
nltflby certify !hal tne dmounf 'did by Sdld Pnnclpal fO .,Jllt Surely 'Of Q<t" In 1M JOtJve lll,Jller IS S
dnd IMt no turtne, sum or sums IS flJ be Pdld llterelora by the ~i<lld Prm(JPdl (jf JllyOl1lt on IWi Oeh,JII
W. further r.srl"Y Irldl 'ldld PflnClpai I'tas tjl'Jen fn sdld SlJf!llY Counler :neJltmMy ~lln'W;IIfIlJ 01
01 '''' valu' Qt $
iSfnuoVIIS
(Applicable Only When Su'ety Is A Corporation)
Surely
.jfllj Ill) hlflher r.auMer Indemntty ''i 10 i'JtIIJlven fhlt 'idld Surety a.cepl
w. rurttler 'Irllly Indl there JflJ no JudgmenlS .igdtn'il mil ')<II(J coroofJI~ surt!ly ouht.wfluH; -111(1 IjllOdUl 'or ,J ot!l!ofl or mOte !h,J1l mlrfy (1;iyS from Ita! ,We at the enrry 01; 'iuCn
ludgm.". ,lClIPt Illes! In which J DelillO" fa opell Qr.-deJla the ludlJmenl hdS Gt!en !IIM ,]rll]llltnJln'i ul1lll',posed \it
Oaled
19
MUST IE SIGNED IN PERSON
IY THE APPROVED AGENT
I ACKNOWLEDGE THAT I AM LEGALL Y RESPONSIBLE 'OR
THE 'ULL AMOUNT 0' THE IAIL.
The fOllowmg 'JCI.nowle<i9~m'!'lt ,S ~I:;o ,j()Plu;.l{)le
If Percentage wsn 8<jllls user1
rH'S80NDSIGNW';N Ap~il 23. . j~
Carl iAl.,;a Pff'H'j"j(L',/Mj:A
~Qn~ anlj aCJr'I{JwlerJqt-d nftl'}f~ ~l'! 't '.
2~4i2.~~,il
· In Cdse 01 Corporate 'lUrery Odll, PO'l'tf!f oJt Af!(J,'ne. ,r",.,t
Oe a1fl~ed ro OonrJ or omer~l~e OQnd IS ,n\l,jf,,j
, ,
99
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~'.:: fl!!.~":'
ISEAl,
ISEAlJ
lSEAll
';,'f)f1,III.It.' (if SliP~!V iM.II De Buf)tl':ifT/.jn B.111 4'1ency or ()flYdle
n'J'vI(Ju,;i ur ,Hj.Jnf.',jfil)fli E .l.:fi'!Jf ""hen flt'/(lrlddllr I.~ re1e,j'jed on h,.')
ill"" i"'( ');)":;' W'.t', ,i~OHi Ih!'; 11.',;", O~ :;;gne(1 Jlljll D,;I/ ~jrUi1'ions,
.n'':;i,ll'''';''UJ''lfldil),jd
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"', 'f' I" ../'!'.....,r,.'; '.',',p "'. 1.' 'v' j!...,-ii.U"
· if)-:.l,t> ,JI Pe1cent,jfJe C.HN B,JII 0r NommJI BtJJf. Power
01 ArrQrne., IS 1101 reqUired