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Home My WebLink About00-03606 ~ , t.....,. "- .,-< ';.;:,' . . ., Kim Hursh, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. Howard Hursh, : NO. 00- 3 in 0 (, CIVIL TERM 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 A.v., &3 ,2000, AT :3 :<-(5 .M., IN COURTROOM NO. / OFTHE~ANDCOUNTY COURTHOUSE, CARLISLE, PENNSYL VANIA. 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 poliee 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 andlorupto six months injail under 23 Pa.C.S. g6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. g2265, 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'r.c state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. g 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, how.ever, 1I1lpomt 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 fmd out where you can get legal help. If you cannot fmd 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 DISABIUTIE,S/tCT,9F 1990 The Court of Common Pleas of Cumberland County i~ r,,(1Uiled lYI law to comply with the Americans with Disabilities Act of 1990. For information ,bout 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 plior w any hearing or business before the court. You must attend the scheduled conference or healir.:~ . . Kim E. Hursh : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : No. 0-0.3(,,01, Howard L. Hursh Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Howard L. Hursh Defendant's Date of Birth is: June 18,1966 Name(s) of All protected persons, including Plaintiff and minor children: l. Kim E. Hursh AND NOW, on 13th Day of June, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby 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 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 ofthis order. 6405 Glenwood Street, Mechanicsburg, P A, 17055 and any residence or place of employment Plaintiff may establish. 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted: -Defendant is enjoined from damaging or destroying Plaintiffs property. -Defendant is to refrain from harassing Plaintiffs relatives. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Silver Springs Township Police Mechanicsburg Borough Police Upper Allen Township Police 6. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy ofthe 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 IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL DECEMBER 13, 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. 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. S6ll3. Defendant is further notified that violation ofthis Order may subject himlher 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. SS2261- 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 I through 3 of this Order, defendant shall be arrested on the charge ofIndirect 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 oflaw 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 weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. - , ".. t4ft: Distribution to: Legal Services Faxed & Mailed to PSP ~-/5'OO "R KS Judge Date ~, " . '''~- PFAD Number: UHI099115S Kim E. Hursh : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : No. Howard 1. Hursh : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Kim E. Hursh 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. Kim E. Hursh 4. Plaintiff's Address is : 6405 Glenwood Street, Mechanicsburg,P A 17055 5. Defendant's Name is: Howard L. Hursh 6. Defendant is believed to live at the following address: 221 S.17thStreet,CampHiIl, PA 17011 7. Defendant's Date of Birth is: June 18, 1966 8. Defendant's Place of employment is: American Legion, Mechanicsburg, P A 17055 '"'~, ~,W< I~ ~.- -. , , ~ '~ _t.- 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Spouse II. The defendant has been involved in a criminal court action. 12. The defendant is not currently on probation I parole 13. The facts ofthe most recent incident of abuse are as follows: On or about June 4, 2000, Defendant glared threateningly at Plaintiff when she returned her work keys to the American Legion. Later that evening, Plaintiff found two of her tires slashed and her gas tank nIled with sugar. Fearing that Defendant was responsible, Plaintiff filed a report with the Silver Springs Township Police. 14. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor childlren, (including any threats, injuries, or incidents of stalking) are as follows: On or about May 26, 2000, Defendant approached Plaintiff who was at a stop light and tried to get into her car, but the doors were locked. Plaintiffs window was down a little, and Defendant grabbed the window, held onto it and threatened Defendant threatened that if Plaintiff left, he would break the window. WhenUefendant refused to let go, Plaintiff pulled over and reiterated that their relationship was over. Plaintifffeared for her safety, but could only leave after Defendant eventually released the car window. On or about May 3, 2000, while Plaintiff and Def~ndant were working at the American Legion, Defendant threatened Plaintiff that she better stay out of his way and not say a thing to him. Defendant blocked Plaintiff, interfering with her ability to work. When Plaintiff asked Defendant to move, Defendant hit Plaintiff in the face with an aluminum pan. When Plaintiff left the American Legion, Defendant followed her to her car, jumped into the car, and took the keys. In or about February of 2000, while Plaintiff was working, Defendant pushed her in the back with a large slab of meat, knocking her into a meat saw table. Defendant later threw egg shells at Plaintiff, smashed them into her hair, and put them down her shirt. When Plaintiff went to clock out from work for the evening, Defendant threatened that she better not be home when he got there or he would kill her. In or about January of 2000, Defendant argued with Plaintiff and pushed her onto the bed. Defendant grabbed Plaintiffs purse, pushed Plaintiff onto the bed, and got on top of her. Defendant held Plaintiff down by pushing his elbow into her stomach. Defendant told Plaintiff to let go of her purse or he would punch her in the guts and rip all of her stitches (plaintiff recently had stitches for cervical cancer). Fearing for her safety, Plaintiff let go of the purse and Defendant threw it outside into the snow. When Plaintiff grabbed the phone to call the police, Defendant yanked the phone cord out ofthe jack. When Plaintiff ran outside, Defendant tried to lock Plaintiff out, but she managed to get inside out of the cold. - "--'-",~ ,;;"~ In or about October of 1999, while living at Defendant's mother's home, Defendant damaged and destoryed Plaintiffs property as she was packing some of her things. Defendant threw Plaintiffs things out the bedroom window and down the stairs, breaking things. As Plaintiff was gathering her things, Defendant took them and threw them at her and around the house. Defendant threw the T.V. outside and hid the Plaintiff's purse. When Plaintiff went to call the police, Defendant grabbed the phone jack and yanked it out. Defendant pushed Plaintiff, causing her to fall backwards, grabbed her by her throat and choked her. Defendant told Plaintiff that he would find her no matter where she went, slit her throat and think nothing of it. Defendant pushed Plaintiff down, grabbed her leg and twisted it. At one point during this incident, Defendant hit Plaintiff with a broom handle. As a result of this incident, Plaintiff experienced pain which lasted several weeks and impaired her ability to move her knee. In or about Fall of 1999, Defendant came home intoxicated and pushed Plaintiff around. In or about Spring of 1999, during an argument, Defendant yelled, screamed in Plaintiffs face and pushed her, causing her to fall to the floor. While Plaintiff tried to call for help, Defendant hit her over the head with a telephone book and kicked her. HISTORY Since in or about the Winter of 1998, Defendant has abused Plaintiff in ways including the following: pushed, grabbed and threatened to kill Plaintiff. On one occasion Defendant forcefully grabbed Plaintiff when she attempted to leave the residence, tearing her coat. On several occasions Defendant has damaged or destroyed Plaintiff's property. 15. The police departrnent(s) or law enforcement agencies that should be provided with a copy of the protection order are: Silver Springs Township Police Mechanicsburg Borough Police Upper Allen Township Police 16, There is an immediate and present danger of further abuse from the Defendant. \7. 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 FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. 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 Plaintiff'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. c. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiff'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. d. Order Defendant to pay the costs of this action, including filing and service -, tees. e. Order the following additional relief, not listed above: -Order Defendant to pay $250.00 to reimburse one of Legal Services, Inco's funding sources for the cost of litigation in this case. -Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff -Defendant is to refrain from harassing Plaintiffs relatives. f. 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 bh:carey Agency: Legal Services, Inc. 'I!i- -... - ",p- ~.i.'-'! ~ , " ... it, 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 that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: &!Ij/DU f ~ r tJ~ Kim E. '-Iuuh, Plaintiff lii !H~lii~~~J.1I:(.ri;Rf-m~~.~ , _J ,~. ,~""_.~~, ~ ., ^-- . P" ~" ,;;. .~, '",,-;,i--.)' .-. LOOl q J'::r Cl r '~~.:.) -,"j ,} C~ ,J IT! i"l ,""- i-; -n ~:;: ~ p h-l ...- j-' -, C'. .,- 0 ---::' L r:: C,I l.) ,~,~. ..~} -r-; , ., "T' Z ~_ .r :;~: t:C:) :i:;- S~~: 0;) rn , ;,,--' ;2": =) So;! ::i c.,) :.0 -< -.',! 'il ~ 06/1S/00 THU 07:50 FAX 717 240 6573 c." "" . CliMB CO PROTHONOTARY 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, RESULT ********************* *** TX REPORT *** ********************* 1927 92490779 06/15 07:46 03'25 5 OK ;;.. ., "'l I I I - Kim E. Hursh : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : No. 00-3606 Howard 1. Hursh : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant FINAL ORDER OF COURT Defendant's Name is: Howard L. Hursh Defendant's Date of Birth is: June 18, 1966 N ame( s) of All protected persons, including Plaintiff and minor children: 1. Kim E. Hursh Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Joan Carey, Legal Services, Inc. . Defendant appeared personally and is represented by: Jane Alexander, Attorney at Law AND NOW, this 23rd Day of June, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: Plaintiffs 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. "", ~.. "- -"; ~ . _, ~ I . 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 ?ontact at Plaintiff's school, business, or place of employement. Defendant is specIfically ordered to stay away from the following locations for the duration of this order. 6405 Glenwood Street, Mechanicsburg, P A, 17055 and any residence or place of employment Plaintiff may establish. 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons, 4. The following additional relief is granted as authorized by g6l 08 of the Act: -Defendant is enjoined from damaging or destroying Plaintiffs property. -Defendant is to refrain from harassing Plaintiffs relatives. - All court costs and fees are waived. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Silver Springs Township Police Mechanicsburg Borough Police Upper Allen Township Police 6. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 7. All provisions of this order shall expire on: December 23, 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 P A.C.S. g6114. 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, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. g2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO -"lEI - ~ - ,:- ~J , - 11-_ LlIC' .Ii!!.!l.-O.< ..... , ,.,...... ,I FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.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 3 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.C.S. ~6113. 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 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. Plaintiffs 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. :at( r;Ji-., Judge .[CiD:TDate " . . ~~ f ~wwA Kim Hursh, Plaintiff ~/;/ fZ~ oward Hursh, Plaintiff &:c=~ Attorney for Plaintiff Legal Services, Inc. a Irvine Row Carlisle, PA ~70~3 (p - rl3-Dv f~~- /r) fJ~fJ- JJI5' I -~---~- ''.'-'.', -,,,-,-, ".. -, "~,~ /Ii- C""'''''j "~ UJLrjJ~-~_ -v " 1 n-- ~~~ <-~tIIt.",,"~-" "'""",-,,.' .. ' " '" 1J'.;" ,""" i .,~' ^- ,..,,' ...... (') C~ ~; ,_.1 l-i~l (T .--- t';': ,,~ -~7 1,: " - ,. ~ c'.:; , , , " -l-; , , /.: " , ):-".- ',,,' , , , - ,-~' " --<. C) :ii . /. oll123/00 FRI 15: 46 FAX 717 240 6573 -~ , """'!" CUMB CO PROTHONOTARY @001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** $******************** 1961 92490779 06/23 15:43 03'27 6 OK