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HomeMy WebLinkAbout96-05447 ~ ~ / / :' "'; , f . if':' 1 ~ .."......- -- BIF HOCKS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. . . VERLO LEROY HOCKS, Defendant NO. 96- S'I'i7 CIVIL TERM TEMPORARY PROTECTIVE ORDER AND NOW, this "t~ day of O'''fJb~ , 1996, at /6'/0 J4 i"l. A.H./P.H., upon presentation and consideration of the within Petition, and upon finding that the Plaintiff, BIF HOCKS, is in immediate and present danger of abuse from the Defendant, VERLO LEROY HOCKS, the following Temporary Order is entered. The Defendant, VERLO LEROY HOCKS, is hereby enjoined from abusing the Plaintiff, BIF HOCKS, or placing her in fear of abuse. The Defendant is ordered to refrain from having any direct or indirect contact with the said Plaintiff including, but not limited to, restraining the Defendant from entering said Plaintiff's residence or place of work and from harassing the Plaintiff. The Plaintiff is granted exclusive possession of the parties' residence which is located at 131 Partridge Street, Carlisle, Pennsylvania, 17013. The Defendant is ordered not to come onto the property or interfere with the Plaintiff's peaceful possession of the land and residence located at 131 Partridge Circle, Carlisle, Pennsylvania, 17013. Plaintiff is granted primary physical and legal custody of the parties child, Angelia, pending further order of Court. The Defendant is enjoined from harassing and stalking the Plaintiff and from harassing the Plaintiff's relatives. The Defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the Plaintiff. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the ylll day 0' O~l'(",~, 1996, at ~ '\c' llMt;/P.K.. in Courtroom No. . , Cumberland County Courthouse, Carlisle, Pennsylvania . ~ RL~D.O~ACE ( _ .," ., .. ..," '-"I~'J r. ,', ; ';:."'., n- r^- ' J:J '1.,\ -'i ""1' "'1 "..1' ;1. ~~ ~.\o ~ O'2:,r;~.., -.,:',, ,-;-' {.;';;'.,;;.., ~ "-,...:, ; Fb -'{l \~\- ~.:,~.~ -~./\ ~ t'lob.U 4.J t:lf. BIF HOCKS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW VERLO LEROY HOCKS, Defendant NO. 96-S't"Q CIVIL TERM PETITION FOR PROTECTIVE ORDER RELIEF UNDER THE PROTECTION FROM ABUSE A. ABUSE: 1. The Plaintiff BIF HOCKS is an adult individual residing at 131 Partridge Circle, Carlisle, PA., 17013. 2. The Defendant VERLO LEROY HOCKS is an adult individual residing at 131 Partridge Circle, Carlisle, Pa., 17013. 3. The Defendant is the husband of Plaintiff. The parties have a minor child, Ange1ia Marie Hocks, born April 20, 1995. 4. Within the past year, the Defendant has attempted to cause and has intentionally and knowingly, caused abuse to the Plaintiff, by physical assault and physical menace as follows: Al On or about September 18, 1996, Defendant returned home and threatened that he was going to kill Plaintiff by cutting her throat. on numerous occasions, the Defendant has threatened to take the Plaintiff's life or his life. The Defendant has also threatened that he would take the partie. minor child Ange1ia and that the Plaintiff Mother would never ..e the child again. The Defendant has a past history of violent i behavior, currently being on parole for the commission of an armed robbery. B) On or about September 22, 1996, while Plaintiff sat on the parties' motorcycle, the Defendant grabbed her to forcibly pull her off of the motorcycle and caused bruising on the Plaintiff's arms. C) During the early part of 1996, Plaintiff woke the Defendant up to assist her with the parties' minor child, Ange1ia who was ill and throwing up. The Defendant responded by grabbing the Plaintiff by the throat and choking her such that her neck was bruised. D) On numerous occasions, the Defendant has pushed and threatened the Plaintiff. S. The Plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the Defendant and that she is need of protection from such abuse. 6. The Plaintiff desires that the Defendant be restrained from entering her reSidence, or that she have any contact with him. The home, where the Plaintiff resides, was her home prior to the parties' marriage and is deeded in her name alone. B. SUPPORT: 7. The Defendant has a duty to support his wit., the Plaintiff and the parties' child, Angelia. t. The Defendant is employed. 9. The Plaintiff's income is insufficient to provide support needed for herself. The Plaintiff will file a support request at the Domestic Relations Office. The Plaintiff's income is insufficient to provide support needed for the parties' minor child, Angelia. 10. The Plaintiff will incur reasonable losses as a result of the abuse which will include reasonable attorney's fees. Plaintiff requests that Defendant reimburse her for her attorney's fees. C. Exclusive Possession: 11. The home from which the Plaintiff is asking the Court to exclude the Defendant to stay away is solely owned by the Plaintiff and deeded in her name alone. 12. The Plaintiff and the parties's minor child, Angelia, currently have no place to stay except the parties' residence. 13. The Plaintiff desires exclusive possession of the home. D. Custody: 14. The Defendant has stated that he was going to take the parties' minor child, Angelia, and the Plaintiff would never see her again. l5. Plaintiff believes that, because of Defendant's past history, impulsiveness and the fact that he is on parole for the next ..veral y.ars, h. aay take the child and flee from the Commonwealth of 'ennsylvania. 16. The Defendant has had very little involvement in the upbringing of the parties' sinor child, Angelia, who 15 presently upbringing of the parties' minor child, Angelia, who is presently 17 months old. He does not bath her, change her diapers, or otherwise care for her. l7. The Plaintiff requests that she be granted physical and legal custody of the parties' minor child, Ange1ia, and that the Defendant have supervised visitation until such time as he shows more stability in his life. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa. C.S.A. Section 6102 et seq., as amended, the Plaintiff prays this Honorable Court to grant the following relief: A. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Requiring the Defendant to refrain from abusing the Plaintiff, Bif Hocks or placing her in fear of abuse. 2. Requiring the Defendant to refrain from having any contact with Plaintiff. Bif Hocks, including, but not limited to, restraining the Defendant from entering the residence or employment of said Plaintiff and from harassing said Plaintiff. 3. Granting exclusive possession of the parties' residence located at 131 Partridge Circle, Carlisle, PA., to Plaintiff. 4. Granting support to the Plaintiff tor the benetit of Plaintiff and the parties' minor child. Angelia. 5. Granting primary physical and legal custody of the parties' minor child, Angelia, pending further Order of Court. 6. The Plaintiff prays for such other relief as may be just and proper under the circumstances. Respectfully submitted, O'BRIEN, BARIC & SCHERER BY ,.-. ~,v..&"'" Robert L. O'Brien, Esquire 17 West South Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff _..... ,..._. M._ , . "