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Home My WebLink About00-04970 "'0;"".-,'" - - - -~--" -.- "- , d-.c.- ;. ~~., MICHAEL WAYNE WHITAKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO. 2000- '19 '1'0 CIVIL TERM KENNETH NORMAN HOPPLE, JR, Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU DAVE 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 Y01l 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. r"- A hearing on this matter is scheduled on the OJ- tf day of July, 2000, at /1: t/lJ ;1-:'m., in Courtroom NI!:.J- 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 ortenninated 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 $1,000,00 and/or up to six months in jail under 23 Pa, C.S, ~6114, Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code, Under federal law, 18 U.s,c. 92265, this Order is enforceable llnywherein the United States, tribal lands, US, Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 US.C. 92261-2262, You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing, The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR AS$OCIATION 2 Liberty Avenue, Carlisle, Pennsyl~a 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 infonnationabout accessible facilities and reasonable accommodations available to disabled individl.\llls 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, " ,"'- ,-, ,,---, '-'~ , MICHAEL WAYNE WlllTAKER, Plaintiff : In The Court of Common Pleas : of Cumberland County, : : PENNSYLVANIA v. : Civil Action - Law KENNETH NORMAN HOPPLE, JR. Defendant :No, (HJ. '-I'i'70 ~ r,L.-... PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: KENNETH NORMAN HOPPLE, JR. Defendant's Date of Birth is: May 5, 1948 Defendant's Social Security Number is: 206-38-9840 Name(s) of All protected persons, including Plaintiff and minor children: 1. MICHAEL WAYNE WHITAKER AND NOW, on 14th 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 pel'S0ns in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 344 North Front Street WonnIeysburg, Cumberland County, PA . ". , ~~;;, 3. 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 is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's residence: 344 North Front Street Wormleysburg, PA and any other residence he may establish for himself during the term of this Order. Plaintiff's place of employment: wherever that may be 4. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted: i , Enjoin Defendant from damaging or destroying any property owned solely by Plaintiff. WEST SHORE REGIONAL POLICE DEPARTMENT i,i i.i U " :.1 ~,! 11 I 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: 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. ii 8. TIllS ORDER SUPERSEDES ANY PRIOR PFA ORDER 9. TIllS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JANUARY 14,2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY TIllS COURT AFTER NOTICE AND HEARING, ~" -rl _ ;' 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. ~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 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, ~~2261- 2262, NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintifl's residence OR any location where a violation of this order occurs OR where the defendant may be located, If defendant violates Paragraphs 1 through 4 of this Order, defendant shall 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. ~I, I: :! ;; 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 nf this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. ,,; '1 ~l It ~ll~ !l f! ~-j ~: ,~i Judge . .~ - Distribution to: LEGAL SERVICES, me. Joan Carey, Attorney for Plaintiff Faxed & Mailed to PSP Copies M.0,;'tJCt({;( ,(axevl to P.5j> )' 7-1'1-00 Cofle, 811ft" pe.<'SON>11,t fa L. S ' MICHAEL WAYNE WlllTAKER, Plaintiff v, KENNETH NORMAN HOPPLE, JR" Defendant d~' - h- _ . ' ~ ," - A'-> PFAD Number: KQ1112212C : In The Court of Common Pleas : of Cumberland County, : : PENNSYLVANIA : Civil Action - Law : No. 07)- 'f97b CwJ I~ PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: MICHAEL WAYNE WHITAKER 2, I, (the Plaintift), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse, a. MICHAEL WAYNE WHITAKER 4. Plaintiffs Address is: 344 North Front Street. Wormleysburg, PA 17t43 5, Defendant's Name is: KENNEm NORMAN HOPPLE, JR., 6. Defendant is believed to live at the following address: 3623 Green Street, Harrisburg, PA 17110 -"- i;: ii i I" ~) " i.j " 'i : ~ ,_ c- - 7. Defendant's Social Security Number is: 206-38-91140 8, Defendant's Date of Birth is: May 5, 1948 9. Defendant's Place of employment is: unemployed and disabled 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Current or former sexuaJ/intimate partner 12. The defendant has been involved in a criminal court action. 13. The defendant is not currently on probation / parole 14. The facts of the most recent incident of abuse are as follows: On about Monday, July 03, 2000 location: 344 North Front Street, Wormleysburg, PA, jointly leased residence On or about July 3, 2000, Defendant spit in Plaintiff's face, foDowed Plaintiff when he tried to get away fr{)m him, shoved him against the waD, and punched his face and body repeatedly , causing PlaintilT to fall to the Door. PlaintitTtelephoned 911 for help. The West Shore Regional Police responded, and summoned an ambulance to transport PlaintitT to Holy Spirit Hospital where he was treated for injuries he snstained as a result of this incident. Defendant was arrested, charged with simple assault, placed in Cumberland County Prison, and released on bail the foRowing day. A preliminary hearing on the criminal charges is scheduled before District Justice Manlove on August 23, 2000, at 10:00 a.m. 15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, ~uries, or incidents of sta1king) are as follows: In or about January 2000, Defendant shoved Plaintiff to the floor, straddled him, and punched , ". ^" - ,< him repeatedly about the face, breaking his glasses. Plaintiff sustained swelling and soreness about his face, and lacerations about his lip and inside his mouth. 16. The police departmeJlt(s) or law enforcement agencies that should be provided with a copy of the protection order are: WEST SHURE REGIONAL PULICE DEPARTMENT 17. There is an immediate and present danger of further abuse from the Defendant. 18. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 334 North Front Street Wormleysburg, Cumberland County, PA Rented By:Miehael Wayue Whitaker and Kenneth Norman Hopple, Jr. 19, Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Any and aU medical and ambulance expenses incurred (not covered by Plaintiff's medical insurance) for treatment of Plaintiff's injuries sustained as a result of the incident which occured on or about July 3,2000. 20, FOR THE REASUNS SET FURTH ABUVE, I REQUEST THAT THE CUURT ENTER A TEMPORARY URDER. and AFTER HEARING, A FINAL URDER THAT WUULD DO' THE FULLUWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/renin any place where Plaintiff may be found, b, Evict/exclude Defendant from Plaintift's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. 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 Plaintifi's schoo~ 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. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. e, Order Defendant to pay the costs of this action, including filing and service fees, ~" --, "~~, ,j '.j ".] ,'J 1 ,I , , j Ii n :! 'i ;1 '" "' "_ ~",' " ' . c' ,",,'_' _" _:.,;"; ,;. CO" m~:-; f. Order the following additional relief, not listed above: Enjoin Defendant from damaging or destroying any property owned solely by Plaintiff. Order Defendant to pay $250.00 to reimbnrse 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, ~~ ,,] - I ~ Joa:~arey . Philip C. Briganti Andrea Levy Maryann Murphy Attorneys for Plaintiff LEGAL SERVICES, INe. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 "",-. " ,--"<>~" ,-,.--- ~' ~.. VERIFICATION I verilY 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, 94904, relating to unsworn falsification to authorities, Dated: 7/t~/h /!i;~v~ Michael Wayne Whitaker, Plaintiff ~ -', . .~.-o - ,_ I I I I 'i I :1 I ,I I w~~~a!3t&illlil!~!~,#,,,,",*'..ilmw"'1!.,,*~Mli~~~Il:i' ~=-;~~ ....;~iiIIlI,iH.. ~11. ~~~~-~,~ .,- " 11I11 ~-~-~'" \ o f; ~~~ f'~~: :;:: :-..~- ::~" i.--- en ,'-' S;C: -::'~~ l~~ ":'-, ,- ~ S-~; >-:: ,- z ''; -< ..::, \.J o ~, j "-" I:':::" L_ ~~ .' :'~};~~ ""~ ::0 -< (..;l ~ 07/14/00 'FRI 09:00 FAX 717 240 6573 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, RESULT . - CUMB CO PROTHONOTARY $******************** ... TX REPORT *.. ********************* 1996 92490779 07/14 08:55 04'09 7 OK . "'-~, - . ~_.- 0;, <~i1 141 001 '__ _c,.. ,', .~ -' " " .,~t~:~ MICHAEL WAYNE WHITAKER, Plaintiff : In The Court of Common Pleas : of Cumberland County, : PENNSYLVANIA : v. : Civil Action - Law : No, 00-4970 KENNETH NORMAN HOPPLE, JR. Defendant PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: KENNETH NORMAN HOPPLE, .JR. Defendant's Date of Birth is: May 5, 1948 Defendant's Social Security Number is: 20.6-38-9840. Name(s) of All protected persons, including Plaintiff and minor children: 1. MICHAEL WAYNE WHITAKER AND NOW, this 24th Day of July, 20.0.0. the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDG~ and DECREED as follows: Pursuant to consent of the parties, whiclt 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 final 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. 2. Defendant is completely evicted and excluded from the residence at: 344 North Front Street Wormleysburg, Cumberland County, PA or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. 3. 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 Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order, Plaintiff's residence: 344 North Front Street Wormleysbnrg, PA and any other residence he may establish for himself dnring the term of this Order. Plaintiff's place of employment: wherever that may be 4. 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. 5. The following additional reliefis granted as authorized by 96108 of the Act: Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. The court costs and fees are waived. 6. A certified copy ofthis Order shall be provided to the police department where Plaintiffresides and any other agency specified hereafter: WEST SHORE REGIONAL POLICE DEPARTMENT " - 111-ll1l;i ". " . , N"~ .~;i- 7. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 8. All provisions of this order shall expire on: January 24, 2002 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 PA.C,S. ~6114, 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, US. 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 TIDS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US,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 US,C, ~922(G), FOR POSSESSION, TRANSPORT ORRECElPT 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 this order occurs OR where the defendant may be located, shall enforce this order, An arrest for violation of Paragraphs 1 through 4 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 Sherifrs 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" shall then be completed and signed by the police officer OR the plaintiff, Plaintiff's presence and signature are ".~. ,." ., , .,,, W!'- , . 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 he ' B .".... .. .~ J t::-. George E. Hoffer, p, Ju e ~l~ll!}Q Date If entered pursuant to the consent of plaintiff and defendant: . ~~ ~J/ri, i~,Cfv' Plaintiffs S' ature Defendant's Signatur Distribution to: LEGAL SERVICES, INC. Joan Carey, Attorney for Plaintiff Kenneth Norman Hopple, Jr., Defendant 3623 Green Street Hanisburg, PA 17110 FAXed and mailed to PSP _~j-"""~ ;-""1'["""""..... U~_.~~i.;~!\il%iO,..-;*"~~Mll;l1lirywiffil~m~f ,<,-. ".~ ~ ~ .- ~ - ()\ r D c ~ z; s 0 $::> {;:' I;;L r- ~ Lh :d (p - -tJ -" ",," r', <, ~ C. 2" ~-R f( 2t' ~~::_-- ~~~ j; ~~~ '7 :'-"'1 ~< ;" ',--', ~'" c::' (:"', --.- ,~ ~<: .,,' H~ _ ~ 'i (';:) ~ , '''''''~~~c. 07/25/00 TUE 08:07 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 ********************* ... TX REPORT ... ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS, RESULT 2019 92490779 07/25 08:04 03'40 7 OK - ,~~,' -~ , , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-04970 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHITAKER MICHAEL WAYNE VS HOPPLE KENNETH NORMAN JR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HOPPLE KENNETH NORMAN JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within PROTECTION FROM ABUSE On July 31st , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Dauphin Co 18.00 9.00 10.00 25.50 ,00 62,50 07/31/2000 SO?~/d R. omas Kline' Sheriff of Cumberland County Sworn and subscribed to before me this j..v day of ~ .;),.1TtrIJ A. D, (l a~ '- ~ prothonod.~ ~;;;.=', ~ ,~~ .......... , @ffitt of tqt ~4t1:iff William T. TuUy Solicitor Ralph G, McAllister Chief Deputy Michael W, Rinehart Assistant Chief Deputy Mary Jane Snyder Real Estate Deputy Dauphin County Harrisburg, Pennsylvania 171 0 1 ph: (717) 255.2660 fax: (717) 255.2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WHITAKER MICHAEL WAYNE vs County of Dauphin HOPPLE KENNETH NORMAN JR Sheriff's Return No. 1564-T - -2000 OTHER COUNTY NO. 2000-4970 AND NOW: July 21, 2000 at 1C:20AM served the within PROTECTION FROM ABUSE,NOTICE,ORDER & PET upon HOPPLE KENNETH NORMAN JR by personally handing to HIM 1 true attested copy (ies) of the original PROTECTION FROM ABUSE,NOTICE,ORDER & PET and making known to him/her the contents thereof at 3623 GREEN ST. HARRISBURG, PA 00000-0000 NOTIFIED OF EVICTION e.. P0AMu0 PROTHONOTARY So Answers, Jf~ Sworn and subscribep to before me this 24TH day of JULY, 2000 Sheriff of 00/00/0000 RCPT NO JT /PB .~~ ,~" > In The Court of Common Pleas of Cumberland County, Pennsylvania Michael Wayne Whitaker VS, Kenneth Norman Hopple, Jr. No. ~OOO-4q7n ri,H 1 , Now, July 14, 2000 , 20~, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff, " r~;y/<~4' Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof, So answers, Sheriff of County, PA Sworn and subscribed before methis~dayof ,20_ COSTS SERVICE MlLEAGE AFFIDAVIT $ $