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HomeMy WebLinkAbout00-04807 "] .' LENA JOY CAHNG, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- 'fy07 CIVIL TERM HARRY JOY CAHNG, Defendant : PROTECTION FROM ABUSE NOTICE OF IlEARING AND ORDER YOU BA VE BEEN SUED IN COURT. If you wish to defend against the claimll lIet forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do $0, the case may proceed againllt 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. \ l-l!> day of July, 2000, at ;) '. 00 p.m., in Courtroom No. L on the 4th Floor 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. lfyou disobey this Order, the police.may.arrest you. Violation of this Order may subject you to a charge ofindirectcrimina1 contempt which is punishable by a fine of up to $1,000.00 andlorup to six months in jail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U. S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Againllt Women Act, 18 U.S.C. ~ 2261-2262. You should take this paper to your lawyer at once. You have the right to have a. lawyer represent you at the heanng. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office lIet forth below to find out where you can get legal help. If you cannot find a lawyer, you mayhaveto proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlillle, Penllllylvania 17013 TelephoneNumber: (717)249-3166 AMERICANS WIlli DISABILITIES ACT OF 1990 The CQurt of Common Pleas of Cumberland County is required by law to comply with the Americanll with Disabilities Act of 1990_ For information about accessible faci1ities and reasonable accommodations available to disabled individuals having business beforethe court, please contact our office. All arrangemellts must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. I , I' """."',',"",,,-'" , ", '^', ~!: LENA JOY CAlING , Plaintiff : In The Court of Common Pleas : of Cumberland County, : PENNSYLVANIA v. : Civil Action - Law HARRY JOY CAHNG, Defendant : No. {)V- <li'o7 Cu;J ~ : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's NlI1l1e is: HARRY JOY CABNG Defendant's Date of Birth is: November 28, 1934 Defendant's Social Security Number is: 197-52-3856 Name(s) of All protected per$Ons, including Plaintiff and minor children: 1. LENA JOY CABNG AND NOW, on 6th Day of July, 2000 upon consideration of the attached Petition for Protection from Abulle, the court hereby enters the following Temporary Order: Plaintift"s request for a temporary protection order is granted. 1. Defendant shall not abUlle, har3$S, $\aIk or threaten any of the above persons in any place where they might be found. 2. Defendant ill prohibited from having ANY CONTACT with Plaintiff, or any other person protected under thill Order,. at any location, including but not limited to any contact at Plaintiffs school, bulliness, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. "'j.14(\ Plaintitrs current residence located at: confidential address for her protection Plaintiffs place of employment at: Painting Red Rhinos 701 West Simpson Road, Mechanicsburg, PA, or wherever else she may be employed 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through thinl persons. 4. The following additional relief is granted: Tine Cumberland County Sheriff's Department shall attempt to make service atPlaintiWSc requestandwitlnout pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. Tlnis Order shall be docketed in the office of the Prothonotary and forwarded to the SheritT for service. The Prothonotary shall not send a copy of this Order to Defendant by maiL LllIW enforcement agencies, human service agencies and school districts sball not disclose the presence of PilaintitT andlor her children in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff andlor children, except by further Order of Court. This Order shall remain in effect nntil modified or terminated by the Court a..d 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 pJiactice that indicates risk of barm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or ownedsofely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. 5. A certified copy of this Order shall be provided to the police department where Plaintiffresides and any other agency specified hereafter: MEClIANICSBURG POLICE DEPARTMENT ~, .,~ " 6. 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 addreslles, 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 SUPERSEDES ANY PRIOR PFA ORDER 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL RJEMAIN IN EFFECT UNTIL JANUARY 6, 2002 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 $1,000.00 and/or up to six months injail. 23 Pa,C$ ~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 of this Order may $Object 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 IIhall be enforced by the police who have jurisdiction over the plaintifl'1I residence OR any location where a violation ofthis order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 3 of this Order, defendant 1Iha11 be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, balled solely on probable cause, whether or not the violation is committed in the presence oflawenforcement. 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 ~e delivered to the Sheriffs 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 ofa crime, in which case, they shall remain with the law enforcement' agency whose officer made the arrest. "'.~"',k'L. '",b'~' '~ ~-"", ,': . -," '.,:i,.-,-,"" Distribution to: LEGAL SERVICES, INC. Joan Carey, Attorney for Plaintiff Faxed & Mailed to PSP I ." ',,,', ~, , '< ~ Jti ! udge 00C) Date he) - C?o,.)! 'LS' ~aL{y (;.,~ --b i..S. ("J c: Cbp/~ Vl'lat L.t4-~, k'iQ.Jo ~p ;+i~~ ,j / z~ 71 ~ 00 ~ ~~: - . I ~L;' -,. 2::0 ---0 PC: Z =< ~ ' C~ G.:) ';:.= '. . ,,,'.;' .' '"'," C r._, ,;: ;,~ ""V-k.:". ::i i;j 'i I:' !-: r; j'i I' ,I i: i; i:i ! ,- I r: I I" i,j 'j I :', .'-,:J':;j :~ ( I~ .,,_,.iij 1:1 " i;i I (:""" -~, ~_Lj ,'1 _:.( (~) - , r2~1 ~ :.D -< I" ,.] (,; -0 ~? ".. (/1 ,~- " , ' , z ,. " PF AD Number: CTlI07648E LENA JOY CAHNG, Plaintiff : In The Court of Common Pleas : of Cumberland County, : PENNSYLVANIA v. : Civil Action - Law : No. ~ - YP07 ~ I~ HARRY JOY CAHNG, Defendant . : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: LENA JOY CAHNG 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. LENA JOY CAHNG 4. Plaintiff's address is contidential 5. Defendant',s Name is: HARRY JOY CAHNG ", _~ . ,__, "C >~ '''''';:, .. .' .' 6. Defendant is believed to live at the following address: 3 Patton Road, Mechanicsbnrg, PA 17055 7. Defendant's Social Security Number is: 197-52-3856 8. Defendant'lI Date of Birth is: November 28, 1934 9. Defendant's Place of employment is: retired 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse 12. The defendant has not been involved in a criminal court action. 13. The facts of the most recent incident of abuse are as follows: On about Monday, Jnne 26, 2000 location: 3 Patton Road, Mechanicsburg, P A , the marital residence On or about June 26, 2&00, Defendlllllt hid in the house, and when Plaintiff returned home from work, he startled her, held a knife against her face, pointed it at her chest, and threatened to kill her. Defellldant threatenedPJaintiff telling her that he had intended to kill her the night before, and further threatened to get a gun and kill her and her family members. When Plaintiff caRed 911 for help, Defendant ,grabbed the telephone from her, and hnng up the receiver. The Mechanicsburg Police responded, and Plaintiff left the residence for her safety and to avoid further abuse. 14. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidentll of stallcing) are as follows: During the week of June 19, 2000, on sevtlral occasions Defendant shoved Plaintiff about, grabbed Iner by the arms, puRed her hair, slapped her about ber face and head, and choked her. .. .1' ... "~' "._~ ,~ ~', " ~~~ .. " Several times during the week of June 12, 2000, Defendant, knowing that Plaintiff had to work in the morning, entered her bedroom in the middle of the night, awakened and harassed her causing her to be afraid to go back to sleep. Since approximately 1968, Defendant has abused Plaintiff in ways including, but not limited to, shoving, slapping, grabbing, choking, and pulling her hair. Plaintiff sustained injuries including, bruising and sweDing about her face, arms, and body as a result of Defendant's abuse. 15. The police department(lI) or law enforcement agencies that should be provided with a copy of the protection order are: MECHANICSBURG POLICE DEPARTMENT 16. There is all immediate aIldpresent danger of further abuse from the DefendaIlt. 17. 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. Re$lrain Defendant from abusing, threatening, harallsing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. c, Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in perron, by telephone, or in writing, personally or through third pel1lons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial cu$lody and/or visitation with the minor child/reo. d. Prohibit Defendant from having any contact with Plaintiffll relatives and Plaintiffs children listed in thill petition, except as the court may find necessary with respect to partial cu$lody 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: Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sour as toward the cost oftitigation in this case. 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 PlaintitJ's relatives. g. Grant such other relief as the court deems appropriate. h. Order the police or other law enforcement agency to lIerve 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 lIerved. Respectfully submitted, Date: 7-r;~ o Carey, Attorney laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 --"," ." .j--' ",'"" . "" ~..- ,~,. < '.? _",' 'k '7 t-~ "' "' ~ ..'......'"' f [",1 ~, ." .' J verilY that I am the PetitioRer as designated in the present action and that the fRcts and statements contained in the above Petition are true and correct to the besl of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa,C.S,~4904. relating to unsworn falsiflClltion to authorities. Dated: 1- ~--- ~o Lena~~ Ililolil .:. "-~~"....... ~~, ,. ."~ ,~<~~~" ~~ ~ J:J.liil!;l~~~~~';' . ~ ~. ~"' ~" 'iiiili&IlII' ~"........ " " ,~v C' C;J o "Tl <0 c:: ;;:::: -nC) ,.rnrTl :z::.~~ 2[,,- ~:~;::: 1<0 ~O --.0 ;Pc: ~ \ , .... 'P ~ f-> , '- r: ,1 f;; ):;3 CO) '~~~ CSf11 ~--, 'D- C.n ::<. "CJ -""" .,- tJi 't 07/06/00 THU .14: 19 FAX 717 240 It:l73 .~ ~, " CUMB CO PROTHONOTARY igJOOl TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION In ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 1975 92490779 07/06 14:14 04'48 8 OK .. , . ,"-,', <- ~~ _r' LENA JOY CAHNG, Plaintiff : In The Court of Common Pleas : of Cumberland County, : PENNSYL VANIA v. : Civil Action - Law HARRY JOY CAHNG, Defendant : No. 00-4807 : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: HARRY JOY CAHNG Defendant'lI Date of Birth is: N~ber 28, 1934 Defendant's Social Security Number is: 197-52-3856 Name(s) of All protected persons, including Plaintiff and minor children: I. LENA JOY CAHNG AND NOW, this 12th Day m July, 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 finalproteetion 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 contact at Plaintift's schoo~ business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintift"s current residence located at: confidential address for her protection Plaintiff's place of employmel1lt at: Painting Red Rhinos 701 West Simpson Road, Mechanicsburg, PA, or wberever else she may be employed 3. The following additional relief is granted as authorized by ~6108 of the Act: Law enforcement agencies, human service agencies and school districts shaD not disclose the presence of Plaintiff in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff, except by fnrther Order of Court. This Order shaD remain in effect until modified or terminated by the Court andean be extended beyond its original expiration date if the Court f"mds 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 enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing PlaintitT's relatives. Tine conrtcosts and fees are waived. 4. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: MECHANlCSBURG POLICE DEPARTMENT ,~ . 'q--,-i.'.' ,--:ci""'.-.; I , ! 5. TIllS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 6. All provisions of this order shall expire on: January 12,2002 NOTICE TO THE DEFENDANT VIOLATION OF TIllS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 ANDIOR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PAC.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. TIllS 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. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TIllS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261- 2262, IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE 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 plaintiff's residence OR any location where a violation of thill order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 2 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 Cumberland County Sberift"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" IIhall then be completed .1' ^'" - ,;, ,,,,. and signed by the police officer OR the plaintiff. Plaintiff'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 partiell given notice of the date of the hearing. ~T.J "' I If entered pursuant to the consent of plaintiff and clef, ~~ture Distribution to: LEGAL SERVICES, INC. Joan Carey, Attorney for Plaintiff ~UJ~ Harry Joy Cahng, Defendant 3 Patton Road Mechanicsburg, PA 17055 Faxed & Mailed to PSP ~It. pL~',.l:('m~~~~~!H&w""'!t!;j~~__M'~~-<<.J~"'';'" -',-" '-<^,,,".' -," t~"'_~' " ". ~I, -^,- , ~ J..~lioiniWi'U'~:"" ,.,'"~~ C*) C":! C. C C:J ,-\ -~.,.. '-- U 0) ,- '-,,~ g:~:i. i i ~~_T~ C-'-~' u.~ --< y , ~~ /.::: ~...::: > 1....../ r;2 .~::.\ ~~--: --,~ ......:, ::::} ':C1 -, U' -<. -<. .;.;.~' l-li ~."~,- , .;i ~' , 07/13/00 THU 14:26 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 1992 92490779 07/13 14:22 03'54 7 OK j.~ ",n,:, SHERIFF'S RETURN - REGULAR CASE NO: 2000-04807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAHNG LENA JOY VS CAHNG HARRY JOY CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon CAHNG HARRY JOY the DEFENDANT , at 0009:45 HOURS, on the 7th day of July , 2000 at 3 PATTON ROAD MECHANICSBURG, PA 17055 by handing to HARRY J. CAHNG a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 So Answers: r-~~t R. Thomas Kline 07/07/2000 me this day of - ~ By: c1~ - // -. D~eriff Sworn and Subscribed to before A.D.