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HomeMy WebLinkAbout97-05104 \ ~ . ~ 'it , i sf i i , ~ i I ......0 1 ,~ I I I ~ :- . .":l - ~' I I I;"'- \;j' entorceabh: in Ihe same manner as the Court's prior Tempurary Protection Order enlered in this casc. 'l A violation of Ihis Order may subject the defendant to i) arrest under 23 I'a CS *6113, ii) a private criminal complainlunder 23 I'a (' S *61131, iii) a charge of indirect criminal conlempt under 23 I'a C S *b 114, punishable by imprisonmenl up to six monlhs and a line of $10000-$1.00000; and iv) civil conlempt under 23 I'a CS *61141 10 The Lower Allen Township and East I'ennsborn Township Police Departmenls shall be provided wilh certilied copies of this Order by the plaintitl's allorney and may enforce this Order by arrest tor indirect criminal contempt without warranl upon probable cause that this Order has been violated, whelher or not the violation is commilled in the presence of the police otlicer, lnthe event that an arrest is made under this section, the dctcndant shall be taken without unnecessary delay betore the court that issued the order. When that eourl is unavailable, the defendant shall be laken before the appropriate district justice, (23 l'aC.S *(113), By the Court, ,/J;[ Kevin A. Hess, Judge Joan Carey LEGAL SERVICES. INC. Allorney tor I':aintitl' ~J':"""" ()'~.{~.t. ";''1/t'7' --"S, 'lfl, - Michael A, Koranda TOMASKO & KORANDA Pc. Allorney lor Defendant -r v,r...v'nJ\!;'~\~d Ill""") ....':""'.lJ'''l'' I\, ~I, ",.", - '., ".1 I oJ G~:6 !1': I.I.'.UN L5 }i""l" ,:,' .:" '''U'' ....( \., '..",-...'".... -'... :.D:.J::,),JJi,J DENIT A LYNN REBER, Plaintiff IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 97.5104 CIVIL TERM JOHN RODNEY HOFFMAN, III, Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT 'fh This Agreement is entered on this _L day of A'j"(I!!.:I.K~. 1997, by Ihe plaintiff, Denita Lynn Reber, and the defendant, John Rodney Hollinan, III, The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is represented by Michael A. Koranda of TOMASKO & KORANDA PC, The parties agree that Ihe following may be entered as an Order of Court, I, The defendant, John Rodney Hoffman, III, agrees to refrain from abusing the plaintiff, Denita Lynn Reber, or from placing her in fear of abuse, 2, The defendant agrees not to have any direct or indirect contact with the plaintiff including, but nOllimited to, telephone and written communications, 3, The defendant agrees not to harass and stalk the plaintill' and nol to harass Ihe plaintiffs relatives and her minor child, 4, The defendant agrees not to enter the plaintiffs place of employment, 5, The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff. 6, The defendant agrees to stay away Irom the plaintiffs residence located at 5320 Oxford Drive, Apt. 94, Mechanicsburg, Cumberland County, Pennsylvania, and the defendant agrees to stay away from any r~sidence the plaintiff may in the future establish for herself. 7, The defendant, although entering into this Agreement, does not admit the allegations made in the Petition, 8, The defendanl understands thatlhe I'roteclion Order entered in Ihis mailer will be in effecl for a period of one (I) year and can be extended beyond that time if the Coun finds thaI Ihe defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff The defendant understands that this Order will be enforceable in the same manner as the Coun's prior Temporary Protection Order entered in this case, 9, Violalion of the Protection Order may subjecllhe defendant 10: i) arrest und~r :J PaC.S, ~6113; ii) a private criminal complaint under 23 Pa.C,S, ~6113,1; iii) a charge ofindirecl criminal contempl under 23 l'a,C,S, ~6114, punishable by imprisonment up to si:\' months and a fint. of$ 100,00-$ I ,000,00; and iv) civil contempt under 23 Pa,C.S, ~6114,l. WHEREFORE, Ihe panies requesllhal a Prolection Order be entered to rellecl the above terms, . ') ,) .' ) -, ~.c Y\' I.... t "'. J~.J., 1\.'1" t(t._t\.~.l ~ Oenita Lynn Re~er, Plaintiff v Carey, Attorney L.EGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (7 I 7) 243-9400 TOMASKO & KORANDA P.c. 931 Nonh Front Street, Suite 95 Harrisburg, P A 17102 (7 I 7) 238-1100 n ..0 (') C' _I ~; \ -.:Jt':' -- ~::.; tlil' \ ..,:: 'l:T1 Z::l ,- ~~ I"~ ,.~ U)." " .",'- '1 :.. Be: ~', ."" ';i~'i1 ?;c; "-\~l ," (~ ) ~LI ...g l#j(1\ e. -r! ~ Cl .- ..'~l (:.> -, LIOAL SERVICQ, INC. IIIMNl! flOW c;AftlJSlI. PENNlM.VNllA 1101_ C1171Z4H400 fix 17171 :M3,..... w.IIllhoN 0171"'" &hIppenobU'lIl1171 ~ , " "~" .~1. ....' ", " ^ -.' .'~- " :..; " ... . ~ I . . '":.~- - ........ .. DENIT A LYNN REBER. PlaintitT : IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-_:5,dV&j. CIVIL TERM JOHN RODNEY HOFFMAN, III, Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this L2'7~ day of Scplember, 1997. upon presentation and consideration of the within Petition, and upon finding thaI Ihe plaintitT, Denita Lynn Reber, now residing al 5320 Oxford Drive, Apt. 94, l\I:echanicsburg, Cumberland County, Pennsylvania, is in immediale and present danger of abuse Irom Ihe defendanl, John Rodney Hollinan, III, the following Temporary Order is entered, The defendarol, John Rodney HotTman. III, (SSN: 160-38.9951 )(DOB 1/11/72), now individual residing at 5320 Oxford Drive, Apt. 95. Mechanicsburg, Cumberland County. Pennsylvania, is hereby enjoined Irom physically abusing the plaintiff. Denita Lynn Reber. or from placing her in fear of abuse, The defendant is ordered to stay away trom the plaintill's residence located at 5320 Oxford Drive. Apt. 94, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is leased by the plaintitT. and is ordered to stay away Irom any residence the plaintitT may in the future establish for herself pending a tinal Order in this malter, The defendant is ordered to refrain Irom having any direct or indirecl conlact wilh Ihe plaintitT including, but not limited 10, telephone and wriUen communications, The defe... ,': is enjoined from harassing and slalking the plaintitT and from harassing her relatives, and her minor child, The defendant is enjoined Irom entering the plaintiffs place of employment, V.'I\(il\1,1,~:\!N?rl J 1:,'/'",) """-''':1'1'''''':1 I\.l."..... \.. .:. '..,If.... -::!i:/I~:v 61 d3SL6 ~ l(J'tl'J U 11(.,.,1 ~,':l :10 :::I':!JO {]371:) The defendant is enjoined from removing. damaging, deslroying ur selling any property owned by the plainliff A violation of this Order may subject the defendant to: i) arrest under :U Pa.C.S. 06113; Ii) a printe criminal complaint under 23 Pa.C.S. 06113.1; Iii) a charge of indired criminal conlempt under 23 Pa.C.S. 06114. punishable by imprisonment up to sill months and a fine orsI00.00-51.000,OO; and iv) civil contempt under 23 Pa.C.S. 06114.1. This Order shall remain in etlect until modi lied ur terminated by the Court and can be extended beyond its original expiration dale if the Court tinds that the defendant has committed an act of abuse or has engaged in a pallern or practice that indicates risk of harm to the plaintiff A HEARING SHALL BE HELD ON THIS MATfER ON SEPTEl\IBE~-t{ 1997. AT 11.00 I-LM..1NCOURTROOMNO.....:,L. OF TIlE CUMBERLAND COUNTY COURTHOUSE. CARLISLE. PENNSYLVANIA. The plainliff may proceed without pre-paymenl of fees pending a further order after the hearing, The Cumberland County Sheritl.s Department shall attempl to make service at the plainlill's requesl and without pre-payment of fr.es, but service may be accomplished under any applicable rule of Civil Procedure, This Order shall be docketed in the ollice of the Prothonotary and forwarded to the Sheriff for service, The Prothonotary shall not send a copy of this Order to the defendant by mail. The Lower A11~n Township and East Pennsboro Township Police Departments shall be provided wilh certified copies of this Order by the plaintill's allomey, This Order shall be enforced by any law enforcement agency where a violalion occurs by arrest for indirecl criminal conlempl withoul warrant upon probable cause that this Order has been violated. whether or not Ihe violation is commilled in the presence of the police ollicer, In the event that an arrest is made, under Ihis section, the defendant shall be laken without unnecessary delay before the court thaI issued Ihe order, When Ihat court is unavailable. the deli~ndant shall be laken before lhe appropriale district juslice, (23 Pa, C. S, ~6113), By the Court, j[ All Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff DENIT A LYNN REBER, Plainliff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO 97- CIVIL TERM JOHN RODNEY HOFFMAN, III, Defendant PROTECTION FROM ABUSE NOTICE You have been sued in cour\. If you wish to defend againsl the claims sel forth in the following pages, you Il'usl take action promptly after this Pel it ion, Order and NOlicll are served, toy appearing perwnally or by attorney atlhe hearing scheduled by the Court and presenting to the Cuurt your defenses or objections 10 the claims set limh againsl you, You are warned that if you tail to do so Ihe Court may proceed withoul you, and a judgment may be entered againsl you by the Court without further nolice for any money claimed in the Petilion or for any olher claim or relitf requested by Ihe plaintiff. You may lose money or property or other righls important 10 JOU, FIo:ES A!\iD COSTS If the case goes to hearing and Ihe judge grants a Protection Order, a surcharge ofS25,OO will be assessEd against you, You may also be required to pay attorney fees 10 Legal Services, Inc, for their representation of the plaintilT You should take this paper to your lawyer at once. lfyou do not have a lawyer or cannot afford one, (;0 to or telephone Ihe office set forth below to find out where you can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER (717) 240-6200 AMERICANS wITn DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with Ihe Americans with Disabilities Act of 1990 "or.i' 'Jrmalion aboul accessible facilities and reasonable accommodations available to disableu u.dividuals having business before Ihe court, please conlact our office, All arrangements musl be made at least 72 hours prior to any hearing or business before Ihe court. DENITA LYNN REBER. Plaintilf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v NO l)7.2~"L_______. CIVIL TERM JOliN RODNEY HOFFMAN, III, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER TilE PROTECTION mOM ABUSE ACT 23 Pa.C.S, ~6101 et seq. A, ABlJSE I, The plaintiff, Oenita Lynn Reber, is an adult individual residing at 5320 Oxford Drive, Apt, 94, Mechanicsburg, Cumberland County, Pennsylvania 17055, 2, The defendant, John Rodney Uoffman, III, (SSN: 160-38-9951)(00B: 1/11/72), is an adult individual residing at 5320 Oxford Drive, Apt. 95, Mechanicsburg, Cumberland County, Pennsylvania 17055, 3, The defendant has had an intimate relalionship with Ihe plaintiff 4, Since approximately October 1996, the defendant has attempted 10 cause and has inten/:"mally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed her in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed aCls loward the plaintiff under circumslances which ha~e placed her in reasonable fear of bodily injury This has included, but is not limited to, the following specific inslances of abuse: a) On or aboul September 8, 1997, the defendanl crouched nexl 10 Ihe plaintiff's door listening 10 try to monitor her movements, The plainliff, fearing for her safety, telephoned 911 for help, The Lower Allen Township Police responded and charged the defendant with harassment. b) On or about Seplember 7, 1997, Ihe defendant, whose apartmenl is directly above Ihe plaintitr 5 apartment, yelled to her through his lloor several times causing her to fear. c) On or aboul September 6, 1997, Ihe defendant grabbed Ihe plaintiff by her shoulder, dug his lingers into her skin, turned her around, and forcefully lifted her chin 10 make her look at him, When Ihe plaintiff left the defendant's apartment and returned to her own downstairs, he followed her, took the conlents of her purse, kepI her wallet, address book, keys, and radio, refused 10 return the articles 10 her, and threw her belongings into the toilet d) On or about August 3D, 1997, the defendanl pushed the plaintiff in Ihe chest causing her to fall to the floor e) In or about early August 1997, the defendant became angry during a discussion wilh the plaintiff and her mother in Ihe plainlitr s apartmenl and head- butted Ihe wall three times leaving a hole in the wall. t) In or about May 7, 1997, the defendant pushed the plaintiff onto the bed causing her 10 slide across Ihe bcd, fall off of Ihe other side of Ihe bed, and slrike her ann on a wooden chest The plainlitf, who sought medical Ireatment for her injuries, sustained a broken wrist as a result of Ihis incident. g) Since approximately October 1996, the defendant has abused the plaintiff in ways including, but not limited to, grabbing, pushin,,!, punching, kicking, poking her in the chest, and grabbing her. The defendant has also slapped the plaintiff in the lace, thrown a plastic 2-liter bottle filled with water from his balcony al Ihe plainlitrs car while she was inside the car in the parking lot below, and kicked in her front door. The defendant has threatened to smash Ihe plainlilfs car window, to come to her apartment and beat the shit oul of her; punch her in the face; and cuI her tongue out. The defendant has threatened Ihe plainliff saying Ihat if he can't have her, no one will and lelling Ihe plaintiffs 6-year old daughter thaI he was looking for something to kill ~er mother with as he rummaged through Ihe plainlill's apartment The defendant has aho threalened to kill himself 5, The plainlilT believes and Iherefore a~ers thaI she is in immediate and presenl danger of abuse ITom the defendant and thaI she is in need of prolection from such abuse, 6, The plaintilT desires Ihat the defendanl be prohibited from having any direct or indirecl contact wilh the plaintilf including, bul not limited to, telephone and wrillen communications, 7, The plaintilT desires thaI the defendant be enjoined from harassing and stalking Ihe plainliff. and from harassing her relatives and her minor child, 8, The plaintilT desires that the defendant be reslrained from entering her place of employment. 9, The plaintilT desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned by the plaintiff B. lo:XCLUSIVE POSSESSION 10, The apartment from which the plaintiff is asking Ihe Court 10 order the defendant to stay away from is rented in the name oflhe plaintill: Denita Lynn Reber, and the defendant has never resided there, C. REIMBURSEMENT FOR COST OF CASE II. The plainlill' desires that the Court order the defendant to pay $250,00 to Cumberland County, one of Legal Services. Inc,'s funding sources, in lieu of allomeys' fees, as reimbursemenl for the cost oflitigaling this case and assess a $25,00 surcharge and court costs to Ihe defendant if the case goes to hearing, WHEREFORE. pursuanllo the provisions of the "Protection from Abuse ACI" of October 7. 1976. 23 P,S, ~6101 ~ KlI. as amended, the plaintiff prays Ihis Honorable Court to grant the following relief: A, Grant a Temporary Order pursuant 10 the "Proteclion from Abuse Act" \, Ordering the defendanl 10 refrain from abusing Ihe plainliff or from placing her in fear of abuse, 2, Ordering the defendallt 10 refrain from having any direct or indirect contact with the plaintiff including, bul not limiled to, lelephone and wrillen communications, ), Ordering Ihe defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and her minor child, 4, Prohibiling the defendant from entering the plaintiff's place of employment. 5, Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plainliff 6, Ordering the defendant to slay away ITom the plainlill's apartment located at 5320 Oxford Drive, Apt, 94, Mechanicsburg, Cumberland County, Pennsylvania, and ordering the defendant to StdY away ITom any residence the plaintiff may establish for herself pending a final Order in Ihis maller, B. Schedule a hearing in accordance with the provisions of Ihe "Protection ITom Abuse ACI," and, after such hearing, enter an order to be in effect for a period of one year: \, Ordering Ihe defendant to reITain from abusing the plaintiff or ITom placing her in fear of abll~e. 2, Ordering the detendantto refrain from having any direcl or indirect contacl with the plaintiff including, bUI nol limited to, telephone and wrillen communications 3, Ordering the defendant to retrain from harassing and stalking Ihe plaintiff and from harassing her relatives and her minor child 4, Prohibiting the defendant from entering Ihe plaintiffs place of employment. 5, Prohibiting Ihe defend anI from removing, damaging, destroying or selling property owned by the plaintiff 6, Ordering Ihe defend anI to stay away from the plaintiffs apartment located at 5320 Oxford Drive, Apt 94, Mechanicsburg, Cumberland Counly, Pennsylvania, and ordering the defendant to stay away from any residence the plaintiff may establish for herself 7, Ordering the defendant to pay $250.00 to Cumberland County, one of Legal Services, Inc,'s funding sources, in lieu of allorneys' fees, as reimbursement for the cost of litigating this case and assessing Ihe $25,00 surcharge and court costs to the defendant iflhe case goes to hearing, The plaintiff further asks thaI this Petition be tiled and served without payment offees and costs by the plaintiff. pending a further order at the hearing, and thaI certified copies of this Petition and Order be delivered to the Lower Allen Township and East Pennsboro Township Police Departments which have jurisdiction to enforce this Order, The plaintiff prays for such olher relief as may be just and proper, Respectfully submilled, -H/~'---~- an Carey, Attorney Plainliff L.EGAL SERVICES. INC. I i . I The above-named plaintiff, f)enila Lynn Reber. verities Ihat the slalements made in Ihe above Pelilion are true and correc\. The plaintiff understands Ihat false slalemenls herein are made subject to Ihe penallies of 18 Pa, C, S ~4904 relating 10 unsworn falsitication 10 authorilies, Dalc~lul q1 r-~ ---) ..y..........'-la.. cL..p-vv>. t(Ql",,-'L Denila Lynn Reber, Plainliff n .r> c: -, n .:' 'Tl 'ii ,~ Ul L'." 1 ,I .' 'U :,i~!] f. ',. .q .n ~~_I '.r:'..J ; ) '] :~... ~::~ ;:.... I':') . ',' .~ I ~ C) :.t 1-"-" .,,~ . ~; ....i I' C',) .., ). .... .;;- _>1 .<; r-- ~- .... ~ ~ ~ '" -' ~ ~ ).... l.-"}