HomeMy WebLinkAbout00-04808
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LOAN HONG MURRAY,
Plaintiff
: IN TIIE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000- I./~of CIVIL TERM
JEFFREY LEE MORRAY,
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 maybe evicted from your residence and lose other important rights.
A hearing on this matter is scheduled on the ~ day of July, 2000, at "I: DO ~ .m.,
in Courtroom No. ~ on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Squa e,
CarlisIe. Pennsylvania.
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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 and/or up to six
months in jail under 23 Pa.C. S. ~61 14. 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 170 I 3
Telephone Number: (717)249-3 I 66
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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.
AMERICANS WIm DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required bylaw to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business beforethe court, please contact our office.
All arrangemen.ts must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
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LOAN HONG MURRAY,
Plaintiff
: In The Court of Common Pleas
: of Cmnberland County,
: PENNSYLVANIA
v.
: Civil Action - LAW
.
.
: No. fJ.o- 'I PoP
JEFFREY LEE MORRAY,
Defendant
PROTECTION FROM ABUSE
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TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: JEFFREY LEE MURRAY
Defendant's Date of Birth is: December 18, 1966
Name(s) of All protected persons, including Plaintiff and minor children:
I. LOAN HONG MURRAY
AND NOW, on 6th Day of July, 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.
l. DIlf~l\Ill i~ PfP\!ipitlXl from.l1aving 1\NY H~m<\~T wit\1 rlmntiff: Of fWy other
· perl\flHf~~t~~ ~~ ~s Or~f, ~t 3n}('PC~P!\, ~c'1l~g ~~t \lOt !mllt~to any
contllCtilt ~mmt\W. ~H~t, 11~~~~, fl[ ~lftf.'f pf j!ffiVlor.n~l'. pefendant IS
~:c~~~~ ~\lfli~ N '~tr .~WW 'lt~tW ~11~~~wmWlq~fio~~ f~r the duration of
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PllIlintiff's current residence located at:
confidential location for her protection
PllIlintiff's place of employment located at:
Arnold Logistics, Building 9, 451 Freight Road, Camp Hill, PA
or wherever she may be employed
3. Derendant !>haIl 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:
The Cumberland County Sheriff's Department shall attempt to make service
at Plaintiff's request and without pre-payment offees, but service may be
accomplished under auy applicable Rule of Civil Procedure.
This Orde.. shall be docketed in the office oCthe Prothonotary and forwarded
to the Sheriff for service. The Prothonotary shall not send a copy of this
Order to Defendant by mail.
Law enforcement agencies, human service agencies and school districts shall
not disclose the presence of PlaintitT and/or her children in the jurisdiction or
district or furnish any address, telephone number, or any other demographic
information about P1aintitT, except by further Order of Court.
Tlnis Orde.. shall remain in etTcct until modified or terminated by the Court
and can be extended beyond its original expiration date if the Court finds
that Defeudant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to P1aintitT.
Prohibit Defendant from having any contact with Plaintiff's relatives.
Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by P1aintitT.
5. A certified copy of this Order shall be provided to the police department where
Plaintiff re!lides and any other agency specified hereafter:
MECHAMCSBURG POLICE DEPARTMENT
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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 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 SUPERSEDES
ANY PRIOR PFA ORDER
8. THIS ORDER APPLmS IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL JANUARY 6, 2002 OR UNTIL OTIIERWISE
MODIFmD 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.S. ~61 14. 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.
~6 I 13. Defendant is further notified that violation of this 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 US.C. ~~2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintift's
residence OR any location where a violation of this order occurs OR where the
defendant maybe located. If defendant violates Paragraphs 1 through 3 of this Order,
defendant shall be arrested on the charge ofIndir-ect Criminal Contempt. An arrest
for violation of this Order maybe made without warrant, based solely on probable
cause, whether or not the violation is committed in the presence ofIaw 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 Sherift'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.
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Distribution to:
LEGAL SERVICES, INC.
Joan Carey, Attorney for Plaintiff
Faxed & Mailed to PSP
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PFAD Number: GTlI07814C
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LOAN HONG MURRAY,
Plaintiff
: In The Court of Common Pleas
,
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: of Cumberland County,
: PENNSYLVANIA
,
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v.
: Civil Action - LAW
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JEFFREY LEE MURRAY,
Defendant
; No. fj-(}-"-Fit)? ~ '/.L<-...
PROTECTION FROM ABUSE
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PETITION FOR PROTECTION FROM ABUSE
1. Plaintifl's name is:
LOAN HONG MURRAY
2. 1, (the Plaintifi), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. LOAN HONG MURRAY
4. Plaintifl's address is
confidential
5. Defendant's Name is:
JEFFREY LEE MURRAY
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6. Defendant is believed to live at the following address:
35 W. Main Street, Mechanicsburg, PA 17055
7. Defendant's Date of Birth is:
December 18, 1966
8. Defendant's Place of employment is:
Arnold Logistics, Mechanicsburg, P A
9. Defendant is an adult.
10. The relationship between the Plaintiff and the Defendant is:
Spolllse
I I. The facts of the most recent incident of abuse are as follows:
On about Saturday, July 01, 2000
location: 35 West Main Street, Mechanicsburg, P A, the marital residence
On or about July 1, 2000, Defendant followed Plaintiff about the apartment, verbally harassed
her, shoved her about, and threw a laundry basket at her which missed her, but broke a mirror.
Defendant picked Plaintiff up off ofthetloor, threw her onto the bed twice,. and caused her to
fall off the bed onto the floor. Defendant clasped one of his hands over PlaintiWs mouth, and
held her down with his other hand, causing her to fear for her life since she could not breathe.
Defendant let Plaintiff go, but held the doorc1osed to keep her from leaving the home. When
Plaintiff ran from the residence to .a pay phone, but Defendant followed her, and hung-up the
phone. PllIlintiffran to another telephone and called 911 for help. The Mechanicsburg Police
respondedl and toek Plaintiff to the .police station for her safety. Plaintiff later went te Holy
spirit Hospital for treatment of her injuries which included, brnising and swelling about her
neck, knees, and hands, and lacerations about her chest, as a result of this incident.
12. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) are as follows:
On or about June 18, 2000, Defendant locked Plaintiff out of the house for approximately 2
hours.
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In or about April 2000, Defendant kicked in the bathroom door while PlaintitT was in the
bathroom.
Since approximately March 2000, Defendant has abused PlaintitT in ways including, but not
limited to, shoving, picking her up ofT of the floor and throwing her about, and restraining her.
On several occasions during arguments, Defendant has thrown Plaintiff's belongings outside.
Defendant has attempted to control PlaintitTby refusing to let her use or answer the telephone,
or have friends. Knowing that Plaintiff's inability to speak English limits her communication
with others, Defendant tried to cut her ofT from other members of the Vietnamese community
who are supportive of her.
13. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
MECHANICSBURG POLICE DEPARTMENT
14. There is an immediate and present danger of further abuse from the Defendant.
15. Plaintiffhas suffered out-of-pocket financial losses as a result of the abuse described above. Those
losses are:
Lost wages and any and all medical bills related to the incident which occured on or about July
1, 2000.
16. FOR THE REASONS SET FORm 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. 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 person, by telephone, orin writing, personally or through. third persons,
including but not limited to any contact at Plaintifi's school, business, or place of
employment, except as the court may find necessary with respect to partial custody
and/or visitation with the minor child/ren.
d. Prohibit Defendant from having any contact with Plaintiff's relatives and PlaintilPs
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.
_h_
Date:
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e. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the
result of the abuse, to be detennined at the hearing.
f. Order Defendant to pay the costs of this action, including filing and service fees.
g. Order the following additional relief, not listed above:
The Cumherland County Sheriff's Department shaD attempt to make service at
Plaiutiff's request and without pre-payment offees, but service may be
accomplished under any applicable Rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and forwarded
to the SheritTfor service. The Prothonotary shall not send a copy of this Order
to Defendant by mail.
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Law enforcement agencies, human service agencies and school districts shaD
not disclose the presence of PlaintitT and/or her children in the jurisdiction or
district or furnish any address, telephone number, or any other demographic
information about Plaintiff, except by further Order of Court.
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 fmds 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 PlaintitT.
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.
h. Grant such other relief as the court deems appropriate.
1. 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,
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a arey, Attorney for aintijf
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(7 I 7) 243-9400
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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: --.J - 2,- 01)
~
Loan Hong Murray ...
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07/06/00 THU 14:25 FAX 717 240 6573
CU1lIB CO PROTHONOTARY
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141001
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS.
RESULT
*********************
*** TX REPORT ***
*********************
1976
92490779
07/06 14: 20
04'49
8
OK
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-04808 P
COMMONWEAI"TH OF PENNSYLVANIA:
OOONTY OF CUMBERLAND
MURRAY LOAN HONG
VS
MURRAY JEFFREY LEE
WILLIAM DIEHL
, Sheriff or Deputy Sheriff of
~umberland County, Pensylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
MURRAY JEFFREY LEE
the
DEFENDANT
, at 1545:00 HOURS, on the 7th day of July
, 2000
BUILDING #9
at 335 HEINZ STREET
MECHANICSBURG, PA 17055
by handing to
JEFFREY LEE MURRAY
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER, PETITION
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
6.20
.00
10.00
.00
34.20
~~~
R. Thomas Kline
00/00/0000
Sworn and Subscribed to before
By:
DeW: w~
me this
day of
A.D.
tary