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Home My WebLink About00-03659 "..... '"' ~O'~ ' STEPHANIE ANN HOFFMi\N, TYLER MITCHELL HOFFMAN, and CL1\UDIE1\ Mi\I HOFFMi\N, Plaintiffs vs. JASON ERIC HOFFMAN, Defendant : IN TIIE COURT OF COMMON PLE1\S OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- 36'59 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF BEARING 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. - 1\ hearing on this matter is scheduled on the tfl,t> day ofJune, 2000, at a:CO 12-. m., in Courtroom No. .5 of the Cumberland County 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 andIorup to six months in jail 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 1\ct, 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 l~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 1\ct of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having Q\lSwess befpre thl' court, please contact our office. All arrangements must be made atle~ 72 hours prior to ;ffiyll_gqr l?<<sin~ss before the court. You must attend the scheduled conference or hearing. . ',-- --,,'--" STEPHANIE ANN HOFFMAN, TYLER MITCHELL HOFFMAN, and CL1\UDIE1\ MAl HOFFMAN, Plaintiffs : In the Court of Common Pleas of : Cumberland County, : PENNSYLVANIA v. : Civil 1\ction - Law Ji\SON ERIC HOFFMAN, Defendant : No. ,;l.tJoa -.365'1 : Protection From Abuse : and Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: JASON ERIC HOFFMAN Defendant's Date of Birth is: May 18, 1970 Defendant's Social Security Number is: 173-54-0940 Name(s) of All protected persons, including Plaintiff and minor children: 1. STEPHANIE ANN HOFFMAN 2. TYLER MITCHELL HOFFMAN 3. CLAUDIEA MAl HOFFMAN AND NOW, on 16th Day of June, 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. . ..'" ",.^.-, .'-'.- it ~ 2. Except for such contact with the minor child/ren as may be permitted under paragraph 4 ofthis Order, 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 schoo~ business, or place of employment. Defendant isspecificaIly ordered to stay away from the following locations for the duration of this order. Plaintiff's residence located at: 103 Summer Lane, Enola. PA Plaintiff's place of employment: wherever that may be Plaintiff's school: Allegheny VaRey School 1291 Middletown Road, Hummelstown, PA 3. Except for such contact with the minor childlren as may be pennitted under paragraph 4 of this Order, 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. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. TYLER MITCHRU. HOFFMAN 2. CLAUDIEA MAl HOFFMAN Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Defendant may have visits with the minor children supervised by his parents, the paternal grandparents, Kay and Douglas Dohne, in their home, at 210 South Landis Street, HnmmelstoWD, P A (Dauphin County), at times and on dates mutuaRy agreed by the parties. The .paternal grandparents shaD communicate custody arrangements witb Plaintiff. The loca11aw enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. ~ ,,,' -~, - ~: '0: i' ~'- 5. The following additional relief is granted: The Cumberland County Sheriff's Department shaD 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 shaH not send a copy of this Order to Defendant by mail. This Order shall remain in eWect 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 and/or the minor children. Defendant is to refrain from harassing Plaintitrs relatives or the minor child/ren. Defendant is prohibited from having any contact with Plaintift"s relatives and PlaintitJ's children listtld in this petition,except as the court may find necessary with respect to partial custody and/or visitation with the minor children. 6. 1\ certified copy of this Order shall be provided to the police department where plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT: P1aintitJ's residence SWATARA TOWNSHIP POLICE DEPARTMENT: Residence of paternal grandparents DERRY TOWNSHIP POLICE DEPARTMENT: PlaintitJ's school 7. 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. - ~ -~~ -~ . -~ ,-.. " - ,-~". "l' ~.': 8. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER ANY PRIOR ORDER RELATING TO CHILD CUSTODY 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMJ\IN IN EFFECT UNTIL DECEMBER 16, 2001 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT .AFTER NOTICE AND HEARING. NOTICE TO THE DJ):FENDANT 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 PaC. S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall Dot 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 of this Order may su~ect himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women 1\ct, 18 U.S.C. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occnrs OR where the defendant may be located. Ifdefendant violates Paragraphs I through 40fthis 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 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 weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. &:Judge \~ 7 oo~ Date r ~ il ~I :i d Lj, 'I I 1~' " ",- -_..... ':"-""l"'- FliJI j' ~.~::E or- -~:~,;: <-JTARY (in J"'" I" ;JU Uj"; D Pi,'] 4: 09" cu.,'!"':;:;, c,.'" "i', i~rlY (t/,;,..tL,L,J,,-,..J uU0,\j PENNSYlV/I,Nlc.. ~",.,^" _tr[_~_~..,I..,m- -:"~!rIT_-_ ~,r mT:1mr.:illIijWJ~"~~m~~~l . I ,... . e . ;, '. . "t" -~ ~jl><t.1\\"- Distribution to: LEGAL SERVICES, INC. ('.ua.,~ A. s. Joan Carey, Attorney for Plaintiff - r--' Faxed & Mailed to PSP .cc-~ ,.', < ",'_J' . ~ I;l!Ol -.Iii< PF AD Number: RBll00054M STEPHANIE ANN HOFFMAN, TYLERMITCHELL HOFFMAN, and CLAUDIE1\ MAl HOFFMAN, Plaintiffs : In the Court of Common Pleas of : Cumberland County, : PENNSYLVANIA v. : Civil 1\ction - Law . : No. ~OCJ:)- ~1 J1\SON ERIC HOFFMAN, Defendant : Protection From 1\buse : and Custody PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: STEPHANIE ANN HOFFMAN 2. I, (the P1aintifi), am filing this Petition on behalf of: - myself - and as Parent of minor PlaintitT(s) 3. Name(s) of ALL person(s), including minorchilmen, who seek protection from abuse. a. STEPHANIE ANN HOFFMAN b. TYLER MITCHELL HOFFMAN c. CLAUDIEA MAl HOFFMAN 4. Plaintiffs Address is: 103 Summer Lane, Enola, PA 17025 5. Defendant's Name is: JASON ERIC HOFFMAN -'-~T " lill ,- J'o:'"" 1. j'~~,' 6. Defendant is believed to live at the following address: 310 South Front Street, Apt. 3 , Wormleysburg, PA 17043 7. Defendant's Social Security Number is: 173-54-0940 8. Defendant's Date of Birth is: May 18, 1970 9. Defendant's Pla€:e of employment is: Sygma Network of P A, Inc., 4000 Industrial Road, Harrisburg, P A 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Parents of the same children Ex-Spouse 12. The Plaintiff and the Defendant been involved in the following court actions: a. Divorce b. Support 13. Other details of the court action are: Divorce - No. 99-6338 Filed 9/99 in Cameron County Final Decree issued 2/28/00 Support - DRO 09513 S 1999 (pACSES No. 654101203) Filed 1/00 in Cumberland County 14. Plaintiff and Defendant are the parents of the following minor child/ren: a. TYLER MITCHELL HOFFMAN 1\ge:6 years old t " I - ~- " ~ ",' ;-,,--, Child's address is: 103 Summer Lane, Enola, PA 17025 b. CLAUDIEA MAl HOFFMAN Age:4 years old Child's address is: 103 Summer Lane , Enola, P A 17025 15. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. TYLER MITCHELL HOFFMAN For the past 5 years, this child has lived with: Plaintiff at 103 Summer Lane, Enola, P A, from 8/98 to the present. Plaintiff and Defendant at 5082 Lilac Lane, Apt. T3, Harrisburg, P A, from 8/97 to 8/98. Plaintiff and Defendant at S2101 Swarr Run Road, Lancaster, PA, from 8/94 to 8/97. b. CLAUDIEA MAl HOFFMAN For the past 5 years, this child has lived with: Plaintiff at 103 Summer Lane, Enola, P A, from 8/98 to the present. Plaintiff and Defendant at 5082 Lilac Lane, Apt. T3, Harrisburg,P A, from 8/97 to 8/98. Plaintiff and Defendant at S2101 Swarr Run Road, Lancaster, PA, from 8/94 to 8/97. 16. The facts of the most recent incident of abuse are as follows: On about Thursday, June 15, 2000 location: 103 Summer Lane, Enola, Pennsylvania, Plaintit1's residence On or about June 15, 2000, Defendant tetepltoned Plaintiff at Iter residence approximately 4 times from 7:00 a.m. to 8:30 a.m., harassed Iter, eaRed Iter vile names, and threatened to kiD Iter. 17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor childlren, - -' " .-,.,,""' ',. !1!IUH/.!:Od_"" (including any threats, injuries, or incidents of stalking) are as fonows: On or about June 8, 2000, while in the Cumberland County Domestic Relations waiting room, Defendant threatened to kiD PlaintitT if she petitioned for additional support from him, threatened thathe was going to kiD "domestic relations", and pounded on the glass partition in the waiting room, causing PlaintitT to fear for her safety. m or about May 2000, in the presence of the parties' 4-year-old daughter, Claudiea, Defendant grabbed PlaintifTby her shoulders and shoved her against the door, eansing her to faD to the floor -and traumatizing the child. Defendant stood outside and yelled and screamed exacerbating Plaintiff's fear. On three separate occasions in or about April 2000, Defendant yelled and screamed in Plaintiff's face, and shoved her about in the presence ofthe minor children. In or about March 2000, in the presence of the children, Defendant yelled and screamed in Plaintiff's face, grabbed her by the shoulders, and shoved her against the door. On or about February 12, 2000, Defendant back-handed Plaintift'in the face in the presence of the children. On or about mid-January 2000, Defendant failed to supervise the children resulting in injuries which included swelling about their face and eyes. Defendant became angry and hit the children causing. pain and brnising on Tyler's thigh. PlaintitT reported the incident to Cumberland County Children and Youth Services. The incident was unfounded~ On or about December 31,1999, Defendant grabbed PlaintitTby the arms and squeezed them; shoved her about the honse and into furniture and waDs; shoved her to the floor several times, and grabbed her by the arms and shook her violently. PlaintitT sustained bruising and soreness about her arms, chest, knees, and buttocks as a result of this incident. From approximately August 1997, through January 1998, on three occasions, Defendant left the children unsupervised endangering their welfare and resulting in Tyler wandering away from home on two occasions and on another holding a knife to his sister's stomach. 18. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT 19. There is an immediate and present danger of further abuse from the Defendant. 20. 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: - ";\.ic" -4. -~, ,. < ~Q a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. 1\ward Plaintiff temporary custody of the minor child/Ten and place the following restrictions on contact between Defendant and child/ren: Defendant may have visits with the minor children supervised by his parents, the paternal grandparents, Kay and Douglas Dohne, in their home, at 210 South Landis Street, Hummelstown, PA (Dauphin Ccmnty), at tUnes and on dates mutually agreed by the parties. The paternal grandparents shall communicate custody arrangements with P1aintitT. c. Prohibit Defendant from having any contact with Plaintiff and/or minOT child/ren, either in person, by telephone, orin 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/fen. d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs 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 pay the costs of this action, including filing and service fees. f Order the following additional relief, not listed above: The Cumberland County Sherift"s Department shall attempt to make service at PlaintitT's request and without pre-payment offees, hut service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and fOlwarded to the SheritT for service. The Prothonotary shall not send a copy of this Order to Defendant by mail This Order shall remain in etTect 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 bas engaged in a pattern or practice that indicates. risk of harm to P1aintitT and/or her minor children. Defendant is to refrain from harassing P1aintitT's relatives and/or the minor children. Defendant is ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. "~ ~"'" g. Grant such other relief as the court deems appropriate. h, 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, Date: tj;f?/crv I I Carey, 1\ttomey for P1 . LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P1\ 17013 (717) 243-9400 ~ VERIFICATION ,-- ib Jj 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 fulse statements are made subject to the penalties of 18 Pa.C.S.~4904, relating to unsworn falsification to authorities. Dated: co//o/oo Stephanie ',' "':""I;=, ~.:; -'1~t~~~~NIit<.J rI1iWiUJ'lIIlf"-- ,- " " .' .,~~ ~ ~ \ \ t', \~ ~ \. \~~ \. . \~ .. \ IN ~ " 'J, 'liilliif ,. , " (') C? C"; c;, .'h .;..-.. ',. r : ,--+ ".-;-< n-, " i- " (T-' , i ;::::7 u). . " ... ~~) r: .- i i. <~":; - i ' -, -,1 C~- ;~'O) )c: c> C,) ;-'1 c: ::::j 2: --, .:..) 5J -< ('V -< i \ " \ \ \ 06/16/do Fkf 15:29 FAX 717 240 6573 CUMB CO PROTHONOTARY 14I001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 1935 92490779 06/16 15:23 05'42 10 OK STEPHANIE ANN HOFFMAN, TYLER MITCHELL HOFFMAN, and CL1\UDIE1\ MM HOFFMAN, Plaintiffs : In the Court of Common Pleas of : : Cumberland County, : : PENNSYL V ANI1\ : v. : Civil Action - Law : No. 00-3659 JASON ERIC HOFFMAN, Defendant : Protection Prom Muse : and Custody ",-ORDER TO VACATE AND NOW, this:~ Day of July, 2000, upon Plaintiff's motion to withdraw or discontinue this action, 1. This matter is dismissed without prejudice. 2. Costs of this proceeding are waived. 3. The Temporary Order (Filed on June 16,2000) is hereby vacated. ----- t>~(:)7lb(20::r.- ~~ ~.G:: t:c ~T MA-(L., t--1/MA. 4 Cory. ~: '-~~ L.~. ~ q.~to PSP 7~J<{'OO J RKg Distribution to: LEGAL SERVICES, INC. Joan Carey, Attorney for Plaintiff i II "' Ii "I 1i Ii II I' I I I :1 Ii II II I' 'I I 11 1:~< mlllll._." T"' 0,,-, 'l" ,~ iU ,,.; .,L l iJ ili I 'j: I ! CU[/Ibi:i'iij\;\!~i CCJ1~TY PENNSYLVANiA 'T ''''''' ~.. ..~~~ .~. 1M. i'"'~''',''' ~W!T_;etj'~"I'j;jlM~~""~~!\i~,,, ~',~_~~", -.; , L~&. ~__;"",,,",, Cumberland County Sheriffs Department Faxed & Mailed to PSP ,. ;'h~^, STEPHANIE ANN HOFFMAN, TYLER MITCHELL HOFFMAN, and CLAUDIE1\ Mi\I HOFFMAN, Plaintiffs vs. J1\SON ERIC HOFFMAN, Defendant : IN THE COURT OF COMMON PLE1\S OF : CUMBERLAND COUNTY, PENNSYL V ANI1\ : NO. 2000-3659 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff, Stephanie i\nn Hoffinan, by and through her attorney, Joan Carey of Legal Services, Inc., states the following: 1. A Petition for Protection From 1\buse was filed and a Temporary Protection From Abuse Order in the above-captioned action was issued by this Court on June 16, 2000, scheduIing a hearing for June 20, 2000, at 3 :00 p.m. befure Judge Hoffer in Courtroom NO.3 of the Cumberland County Courthouse. Z. On June 19, 2000, the Cumberland County Sheriff's Department notified Legal Services, Inc. staff that they were unable to locate Defendant to serve him with a certified copy of the Petition for Protection From Abuse was filed and Temporary Protection From 1\buse Order. 3. On June 20, 2000, a Motion for Continuance was filed and an Order for Continuance entered rescheduling the hearing to July 25,2000, at 3:00 p.m. to allow for service of Defendant. 4. Plaintiff indicated to Legal Services, Inc. staff on June 29, 2000, that she and Defendant were in the process of reconciling their differences and requested that the Temporary Protection From Abuse Order be vacated and the action withdrawn. ,,,. ,,- ,_,'-2 - .~~<'-!!Jf!",. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Temporary Protection From Abuse Order entered on June 16, 2000, and that the action be withdrawn without prejudice to Plaintiff. Respectfully submitted, ^ JOIm Carey, 1\ttorney r Plaintiff LEGAL SERVICE . INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~.~~ " '" ~'" '1<Ir~,", " . , 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 of18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: 7/s-;;o St e Plaintiff ~~ - -- . ~' STEPHANIE ANN HOFFMAN, TYLER MITCHELL HOFFMAN, and CLAUDIEA MM HOFFMAN, Plaintiffs : In the Court of Common Pleas of : Cumberland County, : PENNSYL VANIA. v. : Civil 1\ction - Law : No. 00-3659 . J1\SON ERIC HOFFMAN, Defendant : Protection From 1\buse : and Custody ORDER TO VACATE AND NOW, this: 6th Day of July, 2000, upon P1aintifl's motion to withdraw or discontinue this action, 1. This matter is dismissed without prejudice. 2. Costs of this proceeding are waived. 3. The Temporary Order (Filed on June 16, 2000) is hereby vacated. BY THE COURT: George E. Hoffer, P. Judge Date Distribution to: LEGAL SERVICES, INC. Joan Carey, 1\ttomey for Plaintiff ~, "- -- Cumberland County Sherifl's Department Faxed & Mailed to PSP - ~r'~~U 07/19/00 WED 07:23 FAX 717 240 6573 . TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT CUMB CO PROTHONOTARY ********************* *** TX REPORT *.. ********************* 2006 92490779 07/19 07: 21 02'24 6 OK , ~, "'j kJ. .3'09 C .r- 141001