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HomeMy WebLinkAbout00-03326 iiI Patty Ann Hanes on behalf of her minor children, Nicole Hanes and Amy Hanes, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 00- J.3~(" CIVIL TERM Robert Hanes, Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend 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 ~day 0=-2000, at ~ff~., in Courtroom No. ;Z of the Cumberland County Courthouse, 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 six months injail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penaltieS under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, 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. ~ 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 wiD 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 f'md 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 before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. "" "...,~. " ,~ " Patty Ann Hanes on behalf of her minor children, Nicole Hanes and Amy Hanes, Plaintiff :THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 00- CIVIL TERM Robert Allen Hanes, Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Robert Hanes Defendant's Date of Birth: February 2, 1960 Defendant's Social Security Number: 191-46-4784 Name of Protected Persons: Nicole Christine Hanes and Amy Michelle Hanes AND NOW, this jl~t day of 'i~ ' 2000, upon consideration of the attached Petition r Protection from Abuse, the court enters the following Temporary Order: ~ 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ~ 2. Defendant is evicted and excluded from Plaintiff's residence located at 328 Blacklatch Lane, Camp Hill, Cumberland county, Pennsylvania, a residence which is jointly owned or any other permanent or temporary residence where Plaintiff may live. plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises, except for the limited purpose of transferring custody of the parties' children. Defendant shall remain in his vehicle at all times during the transfer of custody. ~ 3. Except for such contact with the minor children as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at children's ~-'T ~ location, including, but not limited to any contact at children's school or place of employment. ~ 4. Except for such contact with the minor children as may be per.mitted under Paragraph 5 of this Order, Defendant shall not contact the minor children by telephone or by any other means, including through third persons. ~ 5. Pending the outcome of the final hearing in this matter. plaintiff is awarded temporary custody of the following minor children: Nicole Hanes and Amy Hanes. Until the final hearing, all contact between Defendant and the minor children shall be limited to the following: None. ~ 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring firear.ms, shotguns, rifles and any other weapons for the duration of this Order. ~ 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, 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 ter.minated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of har.m to Plaintiff. Defendant is required to relinquish to the sheriff any firear.m license Defendant may possess. Defendant's weapons and firear.m license may be returned at the expiration of the Protection Order after Defendant has submitted a written request ~~-- I :' ~ to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A oopy of this Order shall be transmitted to the ohief or head of the polioe department of Hummel stown , PA, and the sheriff of Dauphin County. 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 Plaintiff's relatives or the minor ohildren. ~ 8. A oertified oopy of this Order shall be provided to the polioe department where plaintiff resides and any other agenoy speoified hereafter: Lower Allen Polioe. o 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER AND ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indireot oriminal oontempt, whioh is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 16114. Consent of Plaintiff to Defendant's return to the residenoe shall not invalidate this Order, whioh oan only be ohanged or modified through the filing of appropriate oourt papers for that purpose. 23 Pa.C.S. 16113. Defendant is further notified that violation of this Order may subjeot him/her to state oharges and penalties under the Pennsylvania Crimes Code and to federal oharges and penalties under the violenoe Against Women Aot, 18 U.S.C. II 2261-2262. Any proteotion order aranted by a oourt may be oonsidered in any subseauent prooeedinas. inoludina ohild oustody prooeedinas. under title 23 (Domestio Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforoed by the polioe who have jurisdiotion over Plaintiff's residenoe OR any looations where a ,.., ~ violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may 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 enforcement 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 forthwith be delivered to the Sheriff'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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE'COUR~ " ./ / ./ Joan Carey Attorney for Plaintiff Judge , , T. ,..",~ ,. ",'.'~ - ~ - . " , ~", . i Li_ '__ "'" .. ,... ~Ai~M~~MJ~~hIWlm~~~;jB':ljj'lj 'r' __.~. ~ '~liIillJ' -, Jf;1.m.i!.i24llnt ,1.1 ',""-" " ~ ',.~ ~ '" '-' S 3/ .&tJ 5'3I.CJdJ <d j .,.... - - ~", " " I Ii; '" ""\'"\r't: l~'\ CD,'" if'rr-,..:'<..- "i'l'J rh..J-~, "'::--;i~' J:\!>. jiITr\f\ \ ~.:?,\."\ .rl.,}1'~o,J U I'll , , ~ [ i': 1: " Ii F. "'~ \...1;~ c; ao \'\A'j '3 \ ~~ \0\ ().. lIUQ~R' 1'~1D COlJ~ CVl""'\:.~ *f00vl1J(~\\" PENr;v' ....,...... M.~~ ~ ~S-, ;ti4 ~ +-~?j;' 0./. ,- ~, >, ,'" ~ ~- . , -"-" ill Patty Ann Hanes on behalf Of her minor children, Nicole Hanes and Amy Hanes, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 00- 33;).(... CIVIL TERM Robert Hanes, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff is Patricia Hanes, mother of minor children. 2. This Petition is filed on behalf of Amy and Nicole Hanes, who are Plaintiff's minor daughters. 3. The names of ALL persons who seek protection from abuse are Nicole and Amy Hanes. 4. Plaintiff's address is 328 Black Latch Lane, Camp Hill, Pennsylvania. 5. Defendant's address is 4 Fox Run, Hummelstown, Pennsylvania. Defendant's Social Security Number is 191-46-4784. Defendant's date of birth is February 2,1960. Defendant's place of employment is Inclinator Company of America, 2200 Paxton Street, Harrisburg. 6. Defendant is Plaintiff's spouse and the father of the children. 7. Plaintiff seeks temporary custody of the following children: Name Nicole Hanes Amy Hanes Address 328 Black Latch Ln. Camp Hill, P A Birthdate 3/26/85 7/9/89 ;'1' ,,,', ,,",-- "CO- "' ~ 8. Plaintiff and Defendant are the parents of the following minor children: Name Nicole Hanes Amy Hanes Age 15 10 a) The children were not born out of wedlock. b) The children are presently in the custody of Plaintiff, Patty Hanes, who resides at 328 Black Latch Lane, Camp Hill, Cumberland County, Pennsylvania. c) During the past five years since their births the children have resided with the following persons and at the following addresses: Persons children lived with Plaintiff and Defendant Address 213 Allendale Way Camp Hill, P A When 1991-1998 Plaintiff and Defendant 328 Black Latch Ln. Camp Hill, P A 1998- Present d) Plaintiff, the mother of the children, is currently residing at 328 Black Latch Lane, Camp Hill, Cumberland County, Pennsylvania. e) She is married. t) Plaintiff currently resides with the following persons: Name Nicole Hanes Amy Hanes Relationshio Daughter Daughter g) Defendant, the father of the children is currently residing at 4 Fox Run, Hummelstown, Dauphin County, Pennsylvania. h) He is married. i) Defendant currently resides with the following person. Name Charlotte Hanes Charles Hanes Relationship Mother Father " '.,', "'-,"'-0 "" " ~' . j) Plaintiff has not previously participated in any litigation conceming custody of the above mentioned children in this or any other Court. k) Plaintiffhas no knowledge of any custody proceedings concerning there children pending before a court in this or any other jurisdiction. 1) Plaintiff does not know any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. m) The best interests and permanent welfare of the minor children will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: 1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the children since their births, and who can best take care of the minor children. 2) Defendant has shown by his abuse of Plaintiff and/or children that he is not an appropriate role model for the minor children. 9. The facts of the most recent incident of abuse are as follows: On or about Friday, May 26, 2000 at approximately 4:00 PM Location: marital residence Defendant became enraged when minor child, Nicole Hanes, asked him to let her into the garage, and pushed her in the back causing her to stumble forward. Defendant then pushed Nicole in the back a second time. At this point, Defendant grabbed minor child by the wrist and pulled her into the house, locking the door, thereby preventing Plaintiff from entering. Once in the house, Defendant pushed the minor child in her upper-body, making her fall into a sitting possession on the couch. Defendant stood above the minor child, yelling at her and flailing his arms, exacerbating her fear. Fearing for her safety and that of her child, Plaintiff phoned the police who cited Defendant for summary harassment of the minor child. The police department advised Plaintiff how to obtain an emergency Protective Order. District Justice Bender entered an emergency Protection Order on May 26, 2000 ordering Defendant not to abuse the minor child and evicted him from the marital residence. See attached exhibit A incorporated herein by reference. ,~I . -.'n. 10. Defendant has committed the following prior acts of abuse against Plaintiff or the minor children: On or about May 25, 2000, Defendant threatened Plaintiff and the minor children that he would use his hands as his weapons since he no longer had his guns. Defendant further threatened, however, that he could retrieve his guns from his parents residence at any time. 11. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Lower Allen Township Police. 12. There is an immediate and present danger of further abuse from Defendant. 13. Plaintiff is asking the Court to evict and exclude Defendant from the residence at which is owned by Defendant and Plaintiff. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child in any place where Plaintiff may be found. B. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Award Plaintiff temporary custody oftheminor children and place the following restrictions or contact between Defendant and children: None. D. Prohibit Defendant from having any contact with the minor children either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiff's current residence, and any residence she may, in the future, establish for herself, her school, and/or place of employment, except as the Court may find necessary with respect to partial custody and/or visitation with the minor children. E. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such firearms and/or weapons for the duration of the Order. F. Order Defendant to pay the costs of this action, including filing and service fees. r.., " = " ~ ! . G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost oflitigation in this case. H. Order the following additional relief, not listed above: Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. 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 Plaintiff's relatives. I. Grant such other relief as the court deems appropriate. J. Order the police or other law enforcement agency to serve 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 Defendant's residence, where Defendant can be served. Respectfully submitted, Date: S/gl/rd , / Carey, Attorney fi laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 !,e ... ~~, _ ,0> - -'''''<' 05/30/00 08:44 KLNB CAMPBELL ~ 7172438026 717 532 330B OS/26/00 11:27 fAX 117 532 3308 . DJ 0@-3-01 NO. 616 [;102 . ~001' , t f ,. , MMONWEALTH OF PENNSVLVANIA OUN1Y OF: CUllB1QIr.~ !log,_....., 09-3-01 PETmON FOR EMERGENCY PLAINTIFF: RELIEF !.~g.!~BUSE r 11r~ a...... /J. tL """'..... 3:ii~ tJ II_~.{ 4..-'V ~ ' L ('l-4~ t/..2( It ' vs. tlEFE~OANT: __...,_AiS5 r f1 II ~ _A ./~ ..... ,,-4.' Y' ~-~ ,_-1.- - 3:J.~ 114-~ "'......l......& L &. 'P /JJI 1(. QtI~,;Ha". SloRCLD B. BBRbEll -..., 81 1QLHDT BO'l'TOH ROAD P.o. BOX 361 SB%l'PBl'fSIlVltG. PA 17257 - 0361 T_ (7171532-7676 Docket No.: Oate Fit..:!: ;tl 0/ Dr? . O PlAINTIl'F REQUESTS CONFIOENTlALJn OF PEAMANENTITEIllPOAAAV ADDAESS. It PETITION OF THE PLAINTIFF I. P, T~ y A~fY A,HGS , hereby pelilion lor emergency reliel from abuse .. fN.... 01 PlIllllilf1llnsllVDt) ,on ehalf 01 mysell on hall of IlIe following (child) (children) to whom I am a (parent) (adull household member) (guardian) on half 01, Il'le following incompelenl adulllO whom I am guardian ~..& ~ ~ I '" J/ 4.11 .II' , "'...~ 3~~~~fli~C.,.(.J..-.. )I#.-.r r>'( "'1 ~. .... 3;fYJ4.~~~J; -L " ?f' ~V l 1"') tAdlPa11 Em .nCY relief from abuse is required because thOle is immedialeand present dangel' of abuse by the Clef. dant tD,:.,(me) and 10 the aboY8 listed (child) (children) (Incompeten,1f~ ~ (Type IClonar namQ/llddresses on . .separate . X 8"'" 'PalHlr Iild a1Iac/l ~8l'CIIo-1 . IS......" ......, FIN I OF UING AUTHO ITV Al an ex parte healing on ,_ o lave 'ound upon good cause Ihal il is necessary 10 protecllhe (plaintill) and above listed (child) (Cl1ilclren) (i compelent aoult). o 1 avll NOT found that it is neCSssaT}' IV iSSue a protective order. ... ACTION OF ISSUING AUTHORITY Havin, 10llnd upon good cause shown that it Is necessary 10 protect the (plaJntiH) and above listed (cl1i1d) (children) (inCOietel,t adull), I have Iaken the 10110wing action on this peUlion: )( Orde d Ihe delendantlO relrain Irom abusing the p1ainlirt and/or minor child. children, incompetenl adult. ;II{ Ord ed IlIe defendant to refrain frOm having anv contact with lhe plaioliff or minor children. inoluding restraining the ' lendantlrom entering the place 01 employment or bwiness or sellool 01 plaintiff or minor children and lrom hara sing plainlill, plaintiff's relativeS or minor children. )( Orde ed the eviction mlhe defendant from the (household) (residence)~:!;l J~~ ,;...,.., (and) o Orde restoration 01 possession 10 the (hOusehold) (reSidence) at ,. (or) o Allo eel the defendant to provide suilabl.. altemate housing by con"n1 'I9;eemen'- :"'"'A_ ~~".Ir~4 tsi;ool"""'_~ RSO VI DO N POS 10 'To: ~ ~d. . (Sherif/) (Cot1$table) (Police Ollicer) (Ponce Oee~enl). In compliance with the order(s) ifPearing above. you are nereby directed )( to evict --R /I /-,';'4 ~4.... /.t.:c"."", trom the pre'!liSes at~!' l$A.c.If.,~ .I~~.~ ~~ /At1I./l.. ' '-"';;;d,2,~, ~$tore premises aI3n~If..~X~~ ~~~....~ ~'1AL l"*'"'l /L~ ~ ~~) _ ~_ _ ,,- .., {SIn",I''ClIIi~~QY1 NOTICE TO DIlFENDAHT' Ora",s is uoQ ~'" PlIlSUilnllo '~e Proloclion ''''''' Ablllo _ IlcrNii.~t8 (1978Y. .. amendod. WARNING: failll'e 1. c:amply wilh I""'" .rclets may ,as,,11 in findIng of CRIMINAL CONTIiMPT pun;uat1I 10 lit Pa. C.s, .137. this oftense i& puni""'e by a fi~ and/Of imprisonmvt\\, n.ese orders i_e at e I'nd at the nexl Duatn~ l;I8J' tt18 C';ourlll:JeelT16 itwIf ;JvaiI~,. Th~ 0RImf lIIi.Il be 'mcnedialely ~"ificd tlil ..... QolJl1 of CommDn PIe., . ~". W111f;1-4 AS THE ",.I'I'/:T OF C:OMMI'NCING PR(lCI'I'n'NOI': Ar",^fNlrT VOl' IINOER rlolF. AAOVF MFlIITIONE;!l Il./:T ,,-. , Ex-I/ 16'.r-r -4 ,- ~,' , . ~I" ,_m. ~"~ J, 'I' 'il il 'q ;1 'I iJ !I " q I Ii 1,1 II II, __J,,~ -'1 , (') 0 0 ~ b , -;" ;:c ::.:.:! ~.~ %-.. Fh~~ -< ::n w , ......,r',n Z'C ::ij9 ~~ $;~o ~o :Po _f"'.-r. j~ :i: C)" zg "" O.l~ .. ~ ~ N ;- ~ 1!!l1~1ililli!!~1!i~4'~"""'_""_"l'Ili\lllll'II'l1l~JfIt1!"~f'lJll'~,~~!f"Il~~~~~~~'~'I'""r' -, ~.., '"" ~~&$ttt'"J.t~\.W",,",~1i;;;:'hl,,"f_ vO WED 09:19 FAX 717 240 6573 , , CUMB CO PROTHONOTARY 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* ... TX REPORT ... ********************* 1895 92490779 05/31 09:12 06'24 7 OK . . 06/15/00 THU 12:04 FAX 717 240 6573 CliMB CO PROTHONOTARY 141001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 1928 92490779 06/15 11: 59 04'58 8 OK !'.." , "", ,~ '" " ' - PATTY ANN HANES on behalf of her minor children NICOLE HANES AND AMY HANES, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT ALLEN HANES, DEFENDANT 00-3326 CIVIL TERM IN RE: PROTECTION FROM ABUSE AND NOW, this ORDER OF COURT b"- day of June, 2000, IT IS ORDERED: (1) The petition of Patty Ann Hanes on behalf of Nicole Hanes and Amy Hanes for the entry of a protection from abuse order, IS DISMISSED. (2) The temporary protection from abuse order entered on May 31,2000, with respect to Nicole Hanes and Amy Hanes, IS DISMISSED. /~. ,._----)t" / " /. By..ffie Court, / /,/' ,/ .! { " Edgar B. Bayley, J. Herbert Goldstein, Esquire For Defendant Samuel Andes, Esquire Joan Carey, Esquire For Plaintiff :saa r-,. ~~ ." ";" -,:"",'., ., ,.<.~"? ..~ "~,=~""""'1r-;fO' ''''~', .".' 0 ~", , ", ,=_ - "" "" ,- ~ "'lIiIliilIlillil . ~ , ~-.U~ ~-*-~ _"'"Ilr'"~''' ,~~~ - > ~ ~:O_ "'""11:'r ,." \'" ~."C\('c \\LClr-Uf('lvC CF T'. ,.,: i>",(':YC;NOTARY GO J\.\N -& Pr\ 4: 03 GUMB'cHLJNO COUNW PENNSYLVANIA . , . -,' Ii I ; I , "~ .,' > PATTY ANN HANES on behalf of her minor children NICOLE HANES AND AMY HANES, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT ALLEN HANES, DEFENDANT 00-3326 CIVIL TERM IN RE: PROTECTION FROM ABUSE OPINION AND ORDER OF COURT BEFORE BAYLEY. J. Bayley, J., June 6, 2000:-- Plaintiff, Patty Ann Hanes, on behalf of her children Nicole Hanes, age 15, and Amy Hanes, age 10, filed a petition for a protection from abuse order against the father of the children, defendant Robert Allen Hanes. A temporary ex parte order was entered on May 31, 2000. A hearing on the merits was conducted on June 2, 2000. Wife previously sought a protection order for herself. On May 15, 2000, following a hearing on the merits, a protection from abuse order was entered against husband on that petition. Husband is a competition shooter and he was ordered to turn over his weapons to the Cumberland County Sheriff. He complied. We denied a request by wife to exclude husband from the marital residence. Although husband did not then return to live at the marital residence, he continued to stop by. He locked and barricaded the garage and the basement so that his wife and children could not gain entry. On May 24, 2000, wife and Nicole were with defendant on the front porch at the marital . . ',~ -, '", ,""", -. ,,":"-","'.-'- >~, ..,<, 'I,' ~," I,d . ,." 00-3326 CIVIL TERM residence. They both testified that defendant said that his guns were at his parents' house, where he could get them at anytime, and that even without them he could use his hands as weapons. Defendant denied making those statements. On May 25, 2000, two technicians came to the marital residence to service the swimming pool. Nicole wanted to get some pool chemicals from the garage but could not get in. She talked to her father by telephone and he told her that the pool people could supply the chemicals and that she was not allowed into the garage. She threatened to break into the garage, which prompted her father to go to the residence where he found Nicole, his wife and two pool technicians. Defendant got into an argument with Nicole and told her to go into the house. She refused. He then shoved her, grabbed her and took her into the house. While inside he yelled and flailed his arms while grounding her for the evening. Wife came into the house and called the police. Defendant went outside and met Officer Leon Crone, of the Lower Allen Police. Defendant told Officer Crone that his daughter had threatened to break into the garage and that when he came home they got into an argument about the garage. He said that he ordered her to go into the house and when she refused he grabbed her and took her inside. Office Crone testified that he asked both the mother and the daughter what happened and that they told him virtually the same thing. Neither the daughter nor mother made any allegations concerning anything that occurred inside the house. Both pool technicians testified that defendant shoved and grabbed his daughter and took her into the house where they could hear him arguing with her. A protection from abuse order requires that "[p]laintiff must prove the allegation of -2- - , '~" " " 'P"'~ ~" ",., ^,' ", - " ""'~';'. ,d' __~",,'." . 00-3326 CIVIL TERM abuse by a preponderance of the evidence." 23 Pa.C.S. 961 07(a). The Protection From Abuse Act, at 23 Pa.C.S. Section 6102(a) defines, "Abuse" as follows: The occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood: (1) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon. (2) Placing another in reasonable fear of imminent serious bodily injury. (3) The infliction offalse imprisonment pursuant to 18 Pa.C.S. 9 2903 (relating to false imprisonment). (4) Physically or sexually abusing minor children, including such terms as defined in Chapter 63 (relating to child protection services). (5) Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury. The definition of this paragraph applies only to proceedings commenced under this title and is inapplicable to any criminal prosecutions commenced under Title 18 (relating to crimes and offenses). (Emphasis added.) In Chronister v. Brenneman, 742 A.2d 190 (Pa. Super. 1999), a father administered corporal punishment to his sixteen-year-old daughter by hitting her four or five times with a belt across the buttock after she admitted lying to him. The daughter testified that the strapping was painful, it made her cry, and she was frightened and intimidated by the incident and her father's statement that similar punishment would follow if she continued to break the rules. The father essentially admitted the relevant facts while asserting that his action was solely designed to discipline his daughter. The trial court entered a protection from abuse order which was reversed by the Superior Court of Pennsylvania. The Court, while noting that its -3- , M,_, _ '""-,-~',-I~-''''''I'''''""" ^"t"",',-~-~~_@1-'Ph~"~",'''''''~'''''''' ___ l" ~, ,'" ~" ',', ",-.-,"",<," ' .".,- 00-3326 CIVIL TERM opinion should not be construed as either an approval or disapproval of the father's choice of disciplining his daughter, concluded that there was a lack of evidence that his acts were (1) intended to be anything other than punishment for the daughter who had taxed his patience to the limit, or (2) of a malevolent infliction of pain, or (3) an attempt to terrorize the daughter so as to warrant the entry of a protection from abuse order. In the case sub judice, the father in locking the garage and the basement, which prevented access by his family, played the role of a schmuck that set the table for the conflict that was sure to come. Plaintiff, however, has not proven by a preponderance of the evidence that defendant's conduct with regard to Nicole was anything other than punishment for her threatening to enter the garage which he told her not to do, and for not following his instructions in going into the house. The credible evidence also does not support a finding that defendant placed his daughters in reasonable fear of imminent serious bodily injury based on the conversation that occurred on May 24, 2000. Accordingly, the following order is entered. ORDER OF COURT AND NOW, this b l. day of June, 2000, IT IS ORDERED: (1) The petition of Patty Ann Hanes on behalf of Nicole Hanes and Amy Hanes for the entry of a protection from abuse order, IS DISMISSED. (2) The temporary protection from abuse order entered on May 31, 2000, with respect to Nicole Hanes and Amy Hanes, IS DISMISSED. -4- ,"',",''1', 'r <" ,_._ _ ,,<, '~.,-:! ',.,""_^,,~',__.',,", ..'" '" ,"',^ ",,,,,~ . . 00-3326 CIVIL TERM Samuel Andes, Esquire Joan Carey, Esquire For Plaintiff Herbert Goldstein, Esquire For Defendant :saa =, ,. . ';' .""h_, "_ FW,--n,'__>, "'-",'." .,"",-,." ,'- ~,'~-'" -5- SHERIFF'S RETURN - REGULAR CASE NO: 2000-03326 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HANES PATTY ANN ET AL VS HANES ROBERT SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberla'l'ID County, Pensylvania, who being duly sworn accordIng to law, says, the within PROTECTION FROM ABUSE was served upon HANES ROBERT the DEFENDANT , at 0014:25 HOURS, on the 31st day of May , 2000 at CUMBERLAND CO. SHERIFFS' DEPT. 1 COURTHOUSE SQ CARLISLE, PA 17013 by handing to ROBERT HANES a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Additional Comments WEAPONS CONFISCATED Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 So Answers: r-~~"<~'! R. Thomas Kline 05/31/2000 Sworn and Subscribed to before By: ~m~. Deputy Sheriff me this 1f!::. day of ~;2A1rU A.D. Ckj2 ~~ P othonotary Patty Ann Hanes Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 3326 Civil 2000 Robert Allen Hanes Defendant ITEMS: Glock Model 17 88577 Ruger 22 Cal. 218-12830 Ruger 357Cal. 15755326 Beretta Model 84BB D09166Y Springfield 45 Cal. N304735 ORDER AND NOW, th;, ,t;ty of ~ 10:0' 0"'.,;, emem' The protection from abuse order in the above-captioned case having expired on May 15, 2001, and the defendant having requested the return of the weapons/firearms held pursuant to the order, and the defendant otherwise being legally entitled to possess the weapons/firearms, IT IS ORDERED that all weapons/firearms held by the sheriff shall be returned to the defendant. Jt\ CC: R. Thomas Kline, Sheriff Cumberland County Sheriff's Office -<,~ ^- JI ~ ~ Cl CO C".,,;' (:; ;~..~ ~~:~) ~ >-. '-:" ~:2 --'~ ~'LjrD ~:J(.L ~:3 o C:'J ~.:.:rl ,......'-, L...!" L'~; "e- ~1Il!IlIlJI_~"~~" ~,.,...""""""",!IlI'~~...,,~ - >, r!{, ~., ,- "" '" - ~r" ~ "~f:'ll!l!l1!~l1EfI!_~'''"'%''i''f''ih;r::[H'i!W>1~iMIlf~I!W.........,.."~~.., " ~~ ,