Loading...
HomeMy WebLinkAbout00-02999 J' --~ KOREN ELIZEBETH EFFLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-,2 '19 CJ CIVIL TERM MARK RICHARD MAHONEY, Defendant : PROTECTION FROM ABUSE NOT][CE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If. you wish to defend agllinst the claims set forth in the . following papers, you must appear at the hearing scheduled her@iJl" If you fail to do so, the case may proceed against you and a FINAL Order may be entered agllinst 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 J::::L day of May, 2000, at ::<", ()O (!!)" m", in CourtroomNo. ::::<. oftheCumberlandCounty Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania" You MUST obey the Order that is attached until it is modified 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 andlorup to ~ months in jail under 23 Pa"C.S. ~6114. Violation may also spbject you to prosecution and criminal penalties under the Pennsylvania Crimes Code" Under federal law, 18 US"C ~2265, this Order is enforceable anywhere in the United States, tribal lands, US. Territories and the Commonwealth of Puerto lMl;o" 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 ~ 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" If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find 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 information about accessible facilities and reasonable accommodations available to disabled individuals having business befure 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" fd F'Lr:n tI''''''Cr: J ...U""",....rr: L. OF THE PROTHONOTARY 00 MAY 12 PM !.:n1 ~ , CUiVIRI,=I"l: A',\I,u'" ["nlll'Jl"( . -. ,.. ... ..JV-J' J PENNSYLVANIA .__~"'~" ._. IF .41~~__'1"'_ --.e-'l ~'" - ---~ - ... __.',.-'). ~",__~__l,:~_:.m, ~,,~-\,Ni-~~~~Ir\__ _",~~I~ ,~~ _ __I.-- ~"~- . Temporary Protection From Abuse Order page 1 or 4 ':,; Iii lit ':'; ':: KOREN ELIZEBETH EFFLER, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v" : CIVIL ACTION - LAW MARK RICHARD MAHONEY, Defendant : No" 1-tJ, ;< 9 'N C~ Ip~ : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: MARK RICHARD MAHONEY :\1: i'i :;, ~! 1.1 " d i: 1;1 I;i Defendant's Date of Birth is: September 16, 1974 Name( s) of AIl protected persons, including Plaintiff and minor children; I. KOREN ELIZEBETH EFFLER AND NOW, on 12th Day of May, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found" 2. Defendant shall be evicted and excluded from the residence at: 25 Park Street Mt. Bollly Springs, PA . I, . ,--.,'.' ~"- Temporary Protection From Abuse Order Page 2 01'4 .' 3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment" Defendant is specifically ordered to stay away from the following locations for the duration of this order. 3284 Spring Road Carlisle, P A 4. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons" 5. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sherifl's Office" L collector's dagger 2" small folding knife (Ben Franklin collector knife) Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 6. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at PlaintiWs request and without pre-payment offees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is en.ioined from damaging or destroying any property owned by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. , ~ ~ Temporary Protection From Abuse Order Page 301'4 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: North Middleton Township Police Department Pennsylvania State Police Mt. Holly Springs Police Department 8. The sheriff, police or other 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" 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MAY 12, 2001 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, ~6114" 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" ~6113. Defendant is further notified that violation ofthis 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 U.S.C ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located" If defendant violates Paragraphs 1 through 5 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 conunitted in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or Temporary Protection From Abuse Order threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sherifl's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. udge 7_000 Date Distribution to: Legal Services, Inc. Faxed & Mailed to PSP _ ~-tJ...S. 3- J;J. ,(n) Page 4 01"4 I --,~,,_>, "I " '" I ,I I 'I , , " ':1 u d I; I; :.i.'1 ~ 'I -; ~1 ':1 tl Petition For Protection From Abuse KOREN ELIZEBETH EFFLER, Plaintiff v" MARK RICHARD MAHONEY, Defendant : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA : CIVIL ACTION - LAW : No, I<J - ;299'1 : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintifl's name is: KOREN ELIZEBETH EFFLER 2" I, (the Plaintiff), am filing this Petition on behalf of: - myself 3" Name(s) of ALL person(s), including minor children, who seek protection from abuse" a. KOREN ELIZEBETH EFFLER 4. Plaintifl's Address is: 3284 Spring Road, Carlisle, PA 17013 5. Defendant's Name is: MARK RICHARD MAHONEY 6. Defendant is believed to live at the following address: 25 Park Street, Mt. Holly Springs, PA 17065 Page 1 of5 i!~ il,' IL< " ~~ '10 I' II; : ,'; !; I I; I 11 I': I,' i:- 1 i~ 1'.' {: " i': I,; I: " ",','i.. Petition For Protection From Abuse Page 2 of5 l: ~ 7. Defendant's Date of Birth is: September 16,1974 8. Defendant's Place of employment is: Excel Logistics, New Kingstown, PA 9" Defendant is an adult. 1D- The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 11" The defendant has been involved in a criminal court action. 12" The facts of the most recent incident of abuse are as follows: On about Sunday, April 30, 2000 at approximately 8:30AM location: 25 Park Street, Mt. Holly Springs, P A On or about April 30, 2000, Defendant grabbed Plaintiff by the arm, pushed her down on the bed, closed the bedroom door and stood in front of it, blocking her from exiting the room. Defendant told Plaintiff that he wanted to reconcile their relationship, and when she refused and tried to get out of the room, he blocked the door with his body, shoved her down onto the bed, lay down beside her, and told her that he would do anything to keep her there. Plaintiff refused Defendant's advances, and as she tried to get out ofthe room, he grabbed a collector's dagger which was hanging on the wall, grabbed her by the hair, yanked her head back, and threatened that she wasn't going anywhere. As he ran the blade of the dagger down Plaintiff's neck and between her breasts, Defendant told her that he loved her, and would do anything to keep her in his life. Then he abrnptly threatened to make her life a living hell. Defendant put the knife down, and agreed that Plaintiff could call her friend. When he heard her tell her friend that he was holding her there against her will, he unplugged the telephone cord from the wall disconnecting the call. Plaintiff asked Defendant to drive her to her friends' home under the guise of getting her belongings and returning to Defendant's home with him. When they got in the car, Plaintiff asked Defendant why he brought the dagger along, and he told her that he had it in case things got out of hand, causing her to fear that he would harm her and/or her friends if they tried to help her get away from him. After they got to Plaintiff's friends' home, she got out ofthe car and told Defendant to leave several times. Defendant refnsed, and when she saw him reach for the dagger, Plaintiff ran into her friends' home. The husband of Plaintiff's friend came out and told Defendant to leave or he would call the police. Plaintiff reported the incident to the Pennsylvania State Police. ~ - I Petition For Protection From Abuse l"'~' Page 3 of5 " Several days after this incident, Defendant delivered a bag of Plaintiff's clothing and shoes to her friends' home where she is staying for her protection. When Plaintiff opened the bag, she found dog feces in the pockets of her clothing and shoes, feces smeared on the clothing, and cuts and slashes in her clothing. Defendant admitted to another friend of Plaintiff's that he had fouled and destroyed her clothing. 13" Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of sta1king) are as follows: In or about late February 2000, Plaintiff told Defendant that she was going to leave, and as she walked toward the door, he grabbed her from behind, wrapped one of his arms around her neck in a choke hold, grabbed her by the hair with his other hand, and dragged her back to the bedroom. Defendant threw Plaintiff onto the bed, yelled at her, punched her in the abdomen and twice in her genitals. When Plaintiff cried ont and screamed, Defendant clapped his hand over her mouth and Illose, and told her to shut the hell up. Fearing for her safety and to avoid further abuse, Plaintiff left the residence the following day and has since been residing with friends. I'~ " ," In or about Fall 1999, Defendant stopped the car on a desolate road, got out and opened the passenger side door where Plaintiff sat, grabbed her by the hair and pulled her out of the car and around to the rear of the car. Defendant punched Plaintiff in the face twice, shoved her to the ground face-down, sat on her back straddling her, clapped his hand over her mouth and nose preventing her from breathing, pulled her head backward, and threatened her saying, "It'll take the cops a couple days to fmd your body." Plaintiff feared for her life as she was unable to breathe, and started to lose consciousness. Since approximately 1998, Defendant has abused Plaintiff in ways including, but not limited to, grabbing her arms, punching and choking her, grabbing and pulling her by her hair, using a whip to whip hell" about her thighs on one occasion, and restraining her by blocking doorways to prevent her from leaving. Defendant has threatened Plaintiff saying that if he can't have her no one will; that it doesn't matter where she goes, he'll find her, and that he would kill her. 14" The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor child/ren: a" collector's dagger b" smaIJI folding knife (Ben Franklin collector knife) 15" The police department(s) or law enforcement agencies that should be provided with a copy ofthe protection order are: North Middletolll Township Police Department Pennsylvania State Police Mt. Holly Springs Police Department 16" There is an immediate and present danger offurther abuse from the Defendant Petition For Protection From Abuse Page 4 of5 ~i>-:; j Ii i ~I ~~~ " , . 17" Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 25 Park Street Mt. Holly Springs, PA Owned By: Mark Richard Mahoney and Koren Elizebeth Effler 18" Plaintiff has suffered out-of-pocket financial losses as a result ofthe abuse described above" Those losses are: Cost of replacing clothing and shoes that Defendant fouled and destroyed after the incident which occured on or about April 30, 2000, involviug Plaintiff. Approximate value of items: $250.00 19" FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWJNG: a" Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor childlren in any place where Plaintiff may be found" b" Evict/exclude Defendant from Plaintifl's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c" Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintifl's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren" d" Prohibit Defendant from having any contact with Plaintifl's relatives and Plaintifl's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e" Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order" f. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing" g" Order Defendant to pay the costs of this action, including filing and service fees" k Order the following additional relief, not listed above: ~ . ~',",,-,--" Petition For Protection From Abuse Page 5 of 5 . Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harllssing Plaintiff's relatives. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost ofIitigation in this case. L Grant such other relief as the court deems appropriate" J. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing" The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served" _. "-,,. . Respectfully submitted, , i j', I 1-: I Date: .5! d.. / o--d ! I Joan Carey, Attorney, r Plaintiff :" l.! !i i' ! ~~ LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ,!j , " VERIFICATION :1 I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge" I understand that any false statements are made subject to the pena1ties of 18 Pa"C.S.~4904, relating to unsworn falsification to authorities" ;1 , ~1 Dated: sit /00 7'~ C ~ Koren Elizebeth Effler, ..l" ~"-' 1 'ai.,Hilll&,a] , ," , ~liiIiIbIIl~~- >- ~ 1--": lUC, O::C" [~! C.) 1,,',7 C~lt("~) LqrS: IT:2F f---: 11,- U ,". '" ",~Wta C') 2= ::-:-- 0~ (, C-,J (:;;] .;;:~ ~~: C"'>j c5 U~~ ~","' ,::) '0 g , .j , \,) 1\) ~, ~ j\ .... ~ ';:'''';;'~.IH~''"~ ~ ':iL-~& _w'- lI!IilI!IiIilIIiIIiiii.............. .~" ; '-'''"'-' ~ '05/1t/00 FRI 15:29 FAX 717 240 6573 - .. ~.,,'"'" .........."'c- CUMB CO PROTHONOTARY CTO - 0l-999 ;\ :1 ~OOI TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST" TIME USAGE T PGS" RESULT ********************* *** TX REPORT *** ********************* 1859 92490779 05/12 15: 25 04'40 8 OK ~ ~ ~ ii I' I' I I': j ,I .' '"....."'-<..'.: .,. ~' . ~~. Final Protection From Abuse Order Page 1 of 4 . . w F I'Clf 1.lft.. ;e.. KOREN ELIZEBETH EFFLER, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v" : CIVIL ACTION - LAW MARK RICHARD MAHONEY , Defendant : No. 00-2999 : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: MARK RICHARD MAHONEY Defendant's Date of Birth is: September 16, 1974 ~ Name(s) of All protected persons, including Plaintiff and minor children: L KOREN ELIZEBETH EFFLER AND NOW, this 17tb Day of May, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition" The following order will be entered: Plaintiff's request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order ," ./finaiorderasp?FinalOrderID=5623&cmdMove=View+Completed+Final+Order&pfadnum=WFI08428 5/17/00 ;tij , !-, ~ . " "~, ~~ - Ot:: 'r' ~LED'{)FAr>c I .",1" c,D/....,"f-JrVL;.; 'h - ,.)', ,:Jf\IOTARY 00 HA Y I 7 f'N 2:57 ,I'"\,il/_n".,.." vJ'V;L.!:.:h'll,~\ir\ ''"',.., Pt:=/VIV.6\;}-;,'CUUN7Y ~ urL'1A/\lIA j ~~- _~Ilil'm~~ ~'~,",,-''''-' '. ,.~.~ffirr~~~~~~Jl~~.rI 1:'~i!I!Il~~UIf!il ~ "_~ "T "",$Iffl " ."--, Final Protection From Abuse Order Page 2 of 4 .. Plaintiff's current residence: 3284 Spring Road Carlisle, P A 3. Defendant shall not contact the Plaintill; or any other person protected under this Order, by telephone or by any other means, including through third persons" 4. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children" 1. collector's dagger 2" small folding knife (Ben Franklin collector knife) 5. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. The Defendant has 30 days after expirations of this order to petition the Court for return of confiscated weapons. 6. The following additional relief is granted as authorized by ~6108 of the Act: Defendant is enjoined from damaging or destroying any property owned by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing PlaintifFs relatives 7. Defendant shall pay $250.00 to Plaintiff as compensation for Plaintiff's out-of- pocket losses, which are as follows: cost to replace PlaintitI's clothing,shoes,socialsecurity card, and Pennsylvania driver's license damaged and/or destroyed as a result of the 4/30/200lJi incident. Defendant shall pay the total amount of $250.00 to Plaintiff within 3 months of the entry of this Order. Payments of $83.33 shall be made on the 15th day of "" Jfinalorder.asp?FinalOrderID=5623&cmdMove=View+Completed+Final+Order&pfadnum=WFI08428 5/17/00 ~. Final Protection From Abuse Order " ,... each month, commencing June 15, 2000, in the fonn of a money order, made payable to Plaintiff, mailed to her mother's address: c/o Linda Kistler, 22 Park Street, Mt. Holly Springs, PA 17065. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Middlesex Township Police Department Pennsylvania State Police Mt. HoUy Springs Police Department 9. THIS ORDER SUPERSEDES: L ANY PRIOR PF A ORDER 10. All provisions of this order shall expire on: May 17, 2001 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS" 23 PAC$ ~61l4. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTffiS UNDER THE PENNSYLVANIA CRIMES CODE- THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, US" TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, ISU.S"C ~2265" IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. IS U.S.C ~~226l- 2262" IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTffiS UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, IS U.S"C ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT Of FIREARMS OR AMMUNITION" NOTICE TO LAW ENFORCEMENT OFFICIALS Page 3 of4 "" Jfinalorder"asp?FinalOrderID=5623&cmdMove=View+Completed+Final+0rder&pfadnum=WFl OS42S 5/17/00 " ~ ~-'-'j Final Protection From Abuse Order Page 4 of 4 . . The police who have jurisdiction over the plaintifl's 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 I through 5 of this order maybe without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police" 23 Pa"CS" ~6l 13- Subsequent to arrest, the police officer 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 Sheriff's Department shall maintain possession of the weapons 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 be completed and signed by the police officer OR the plaintiff. Plaintifl's presence and signature are not required to file the complaint" If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing" ~ - If entered pursuant to the consent of plaintiff and defendant: 11@WV1 t . ~ 11t.J~ ~?Jr../. /' Plain~' s Signature Def~~ Signature n;<ttibutioo to~ ~ fl,0i4t Legal Services, Inc. Faxed & Mailed to PSP "" Jfinalorder"asp?FinalOrderID=5623&cmdMove=View+Completed+Final+Order&pfadnum=WFI08428 5/17/00 ''* . I 05/17/00 WED 15:18 FAX 717 240 6573 Iio;uIllSll_ CUMB CO PROTHONOTARY I1J '.2H 1 141001 , , . TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIlIlE USAGE T PGS. RESULT $$$$$$$$$$$$$$$$$$$$$ *** TX REPORT *** $$$$$$$$$$$$$$$$$$$$$ 1866 92490779 05/17 15:14 03'43 6 OK ,,~.=~:_~ ...;~ j~~ ~",;- SHERIFF'S RETURN - REGULAR CASE NO: 2000-02999 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EFFLER KOREN ELIZEBETH VS MAHONEY MARK RICHARD ROBERT L FINK SR , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon MAHONEY MARK RICHARD the DEFENDANT , at 1710:00 HOURS, on the 12th day of May , 2000 at 25 PARK ST MT HOLLY SPRINGS, PA 17065 by handing to MARK RICHARD MAHONEY a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So A?~~ 18.00 3.10 .00 10.00 .00 31. 10 R. Thomas Kline 00/00/0000 Sworn and Subscribed to before BY~~~Sz- Depu Sheriff me this .l Y ~ day of 7'k..... .2 07r0 A . D . ~r1 fM,/~/ ~ P othonotary , . -"- ,. -, "'.'- ^ >i_" ~ " ~_,__:: KOREN ELIZEBETH EFFLER, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v" : CIVll, ACTION - LAW MARK RICHARD MAHONEY, Defendant : No. 00-2999 : PROTECTION FROM ABUSE MODIFIED FINAL ORDER OF COURT Defendant's Name is: MARK RICHARD MAHONEY Defendant's Date of Birth is: September 16, 1974 Name(s) of All protected persons, including Plaintiff and minor children: 1. KOREN ELIZEBETH EFFLER AND NOW, this 30th Day of June, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff's request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found" 2. Defendant is prohibited from having ANY CONTACT with the PlaintttI: or any other person protected under this Order, at any location, including but not limited to any contact at PlaintifFs school, business, or place of employement. Defendant is specifically ordered to stay avvay fmm1hdbllowing locations for the duration of this order. 128 South Hanover Str&t, Apt. 1 Carlisle, P A 'it I I :-. -, . ',-, ~,., ""NfI/BII~t_ .' --,~ ,. -,-'"'''',"~ -,.OM FiLFD--O~FlCE OF "i':-.;;:~ :';~':.J"'-;"':C+10TA.RY 00 JUN SO Pi'1 tl: 05 CUMBEEiJ,NiJ COUNTY PENNSYLVANIA ""o:-:",,~~-,;,___~!II!fIl~~~~~~~~~~. ;Y, 3. Defendant shall immediately turn over to the Sherift's Office, or to a local law enforcement agency for delivery to the Sherift's Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children. 1. coUector's dagger 2. smaU folding knife (Ben Franklin coUector knife) 4. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. The Defendant has 30 days after expirations of this order to petition the Court for return of confiscated weapons. 5. The following additional reliefis granted as authorized by ~6108 of the Act: Defendant is enjoined from damaging or destroying allY property owned by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. 6. Defendant shall pay $250.00 to Plaintiff as compensation for Plaintiff's out-of- pocket losses, which are as follows: Cost to replace Plaintiff's clothing, shoes, social secnrity card, and Pennsylvania driver's license damaged andlor destroyed asa resnlt of the 4/30/2000 incident. Defendalllt shaD pay the total amonnt of $250.00 to Plaintiff within 3 months of the entry ofthis order. Paym.ents of $83.33 shaD be made on the 15th day of each month, commencing June 15,2000, in the form of a money order, made payable to Plaintiff, KOREN HAMMONS, (plaintiff's marriedname)mailed to her mother's address: c/o Linda Kistler, 22 Park Street, Mt. BoDy Springl!, PA 17065 _~ 1- -'-_' )-_1 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Middlesex Township Police Department Pennsylvania State Police Mt. Holly Springs Police Department Carlisle Police Department 8. THIS ORDER SUPERSEDES: L ANY PRIOR PF A ORDER 9. All provisions of this order shall expire on: May 17, 2001 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY 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 UP TO SIX MONTHS. 23 PA.C.S. ~6114" VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, US. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 US.C. ~2265" IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US"C ~~2261- 2262" IF TIlE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER TIlE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 US"C ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION" 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 I through 4 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police" 23 Pa"CS. ~61 13. Subsequent to arrest, the police officer 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 Sherift"s Department shall maintain possession of the weapons 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 be completed and signed by the police officer OR the plaintiff PlaintifPs presence and signature are not required to file the complaint If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE OURT: I . A bk-- fW' 1~ "30. 200 D , Date If entered pursuant to the consent of plaintiff and defendant: Plaintiffs Signature Defendant's Signature Distribution to: LEGAL SERVICES, INC. Joan Carey, Attorney for plaintllf Mark Richard Mahoney, Defendant 25 Park Street Mt Holly Springs, PAl 7065 Faxed & Mailed to PSP 1- /30 / IJ1J ~1. Js, ~ -fj A-o/r' -"'0.---;1 ," .','''" - ,-'- ioi KOREN ELIZEBETH EFFLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO" 2000-2999 CIVIL TERM MARK RICHARD MAHONEY, Defendant : PROTECTION FROM ABUSE PETITION FOR MODIFICATION OF FINAL ORDER OF COURT Plaintifl: Koren Elizebeth EIDer (now Hannnons), by and through her attorney, Joan Carey of Legal Services, Inc., represents the following: L Plaintifffiled a Petition for Protection From Abuse and a Temporary Protection From Abuse Order was entered on May 12, 2000, in the above-captioned action, and a Final Order of Court was entered on May 17,2000, by agreement of the parties" 2" Plaintiff requests that paragraph 3 of the Final Order of Court be removed to allow the parties to have contact as they are in the process of reconciling their differences" WHEREFORE, Plaintiff requests that Final Order of Court filed on May 17, 2000, be modified to remove the provision that prohibited Defendant from having any contact with Plaintiff, but that the Final Order of Court remain in full force and effect in all other respects" Carey Philip C" Briganti Maryann Murphy Attorneys for Plaintiff LEGAL SERVICES, INe. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 I h __ C-__ ill.!. VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge" I understand thatany false statements are made subject to the penalties of 18 Pa.CS"~4904, relating to unsworn falsification to authorities" Dated: (;; /;l.J' / ;2O:ZJ -I~ c71~ Koren Elizebeth Effier (now Hanunons), Plaintiff I!i;~"- ll1ilii.i 'i!".8iMlW. ,-~ ~1Ii ~.< fti.~'~-~"~~' -"\1llI),j:!f1l:ltliilIIiI -~ -,j" ~~I -'~-' " _1iItlL (') Co" 0 C :(.::' ~ " -0 [1:1 ,- ..~ no i'il :;;e- ;;g 2.: " ~5~~ ,~,) , (-,.., (:'::) :~5 <j , C:Ci CJ -)-::;: .....'0 -'-I "",0 ~.l-b. r';; =D ~Cj ..~ C) C LV C) rn Z c- :J :;;! ~ ::u .~ -< 06/39~OO FRI 15:34 FAX 717 240 6573 ,J, ,.' $-"'- cmm CO PROTHONOTARY 141001 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* ... TX REPORT ... ********************* 1969 92490779 06/30 15:30 03'48 7 OK 1'""," - - R;l1ll'>i!!" KOREN ELIZEBETH EFFLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO" 00-2999 CIVIL TERM MARK RICHARD MAHONEY, Defendant : PROTECTION FROM ABUSE ORDER TO VACATE AND NOW, this _L:Lday of March, 2001, upon Plaintiff's Petition to Vacate Order and Withdraw Action: I" This matter is dismissed without prejudice. 2" Costs of this proceeding are waived. 3" The Fin~ Order of Court entered on May 17, 2000, and the Modified Final Or4er of Court enterec:l on June 30, 2000, are hereby vacated. Distribution to: Joan Carey, Attoflley for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, P A 17013 By the Court, *~1.f [1~ . 03 -Ji/-() I RXS Mark Richard Mahoney, Defendant 3284 Greason Road Plainfield, P A 17081 FAXed and mailed to PSP .,~ umr llI'l'IIJl =- ~- ... ~\ltO-OfF\GE 0<= ll-!": ~n(\T\'l'OPO:T.q'{ 1 ,lh'. .', ,J' .1" ,f"\I-' 0\ ~\Ml, \4 M~\I: 50 Cll\ll,\?ERVNQ COUNT'( ?ENNS'Il\J'!'NII\ !~~ _"""'i > _T.__,,_~.qrffiffi1 ,_ _~~.Il!ilI$' . _ !~!tI!jf;i"~~lll"I'J'1 ~~- . ]] .UJII n ~J[ JR_ ! ,- . ...... , -', "" " KOREN ELIZEBETH EFFLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs" : NO" 00-2999 CIVIL TERM MARK RICHARD MAHONEY, Defendant : PROTECTION FROM ABUSE PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff; Koren Eljzebeth (EIDer) Hammon, by and through her attorney, Joan Carey of MidPenn Legal Services, requests that the Court vacate the Final Order of Court and the Modified Final Order of Court in the above-captioned case and that the action be withdrawn on the grounds that: I" On May 17, 2000, a Final Order of Court was entered in the above-captioned case pursuant to consent of the parties" Plaintiff petitioned the Court for a modification of the Final Order of Court and a Modified Final Order of Court was entered on June 30,2000" 2. The parties are in the process of reconciling their differences" 3. Plaintiff requests that the Final Protection Order entered on May 17, 2000, and the Modified Final Order of Court entered on June 30, 2000, be vacated and the action withdrawn without prejudice to her. WHEREFORE, Plaintiffrequests that the Court grant thereliefrequested and vacate the Final Order of Court and the Modified Final Order of Court, and that the action be withdrawn without prejudice to Plaintiff. oan Carey, Attorney for MidPenn Legal Servic ~ ~-- -, - --~ -~ . " 5 VERIFICA TION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of18 Pa.C.S" ~4904, relating to unsworn falsification to authorities" Dated: JIlorc.h Jr+ dOo/ -I/;~ C ~ Koren Elizebeth (Effier) on, Plaintiff __IIliL.~, "', ltIiOO~~!illlli!l~1mll~*"~~g;$lW"':i~~lO!MiJilII;il!mildllMllili!Il~ =" ,. ~illl!Uf,jj~_~idI. . oe ~ -ow, ,%::d ~ V>.'i ~o ~o ~o ~ ""'--- ";It. ~ 0:> -0 ':]I: r:? .()'\ '" -.... -I <4, _-4 ~~ '?,b "----'"1'", :.1--1] 90 om "" -p- ~J ;;.,; . , 03/14/01 WED 13:31 FAX 717 240 6573 CliMB CO PROTHONOTARY 141001 *************************** $U MULTI TN REPORT $U *************************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2499 [ 01l9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR OFf1CE OF '!HE PROI'HctIDI'ARY CUMBERLAND CXXJNTY CXJUR'IHOOSE ONE <XXJRT\iCOSE 9:lUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 TO: ~e(\-\-('a...l ~Oc.e5S v. I L~ PA STATE POLICE A TELECOPIER fAX #: 717-249-0779 fRCM: CURTIS R. LONG RE: PFA ORDERS MESSAGE:; J.. -A-tl 1'<<). OF PAGES (INCWDING COVER SHEE't) This ~ is intbl.l5r.l oUy fi::r tte lEe cL tte irrlividlal oc entity to \'A1id:1 is is d:lh. i. emITS';' a:n12:riri-infuuret:im ttat is ~viJEg;d. o:nfide1tial. ad aaq:t: fu:ro rli"d""rre lfl'ieol: '{{llif'>"hl" lcw. If tl'e ~ at this m;ss;ge is rot tin intmkl =ipiffit. ycu an;! ~ rotWEd ttat illY ~tim. disl::I:il:lJti Ol: o:win;J ct: this o::mn.nicatjm is strictly (Zd1ibitIrl. If ycu taI.e reari~ ttus comUUUI.Jrn in em:a:, pla:se rr::tify tB imre:liotcl.y q. lBlElh:re ad return tle \XiJ;j:irel1l ~ to LE at .. ~ '.' T~..... .