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Home My WebLink About98-03373 ; I I I j! I ~, ~."" ~i " ~ \ \ , ! i , .' ; ,/ "' ,f"' / / (I :~ -I ~~ I ~, I , i .';. j , t:n.i .... ;:"J: ........i I ~i ! I I 'I u.,., <)-..1 I I I ~I I ..... ,~. ,) FL~?'{:"(i~:: r:.;: -,,' . ":'T{ c.....1 11 ".~ '} ,) .d 0; " (;. , ,. ", .:' "c .,., , . ..~ C", "_"i. i': , , r-,,:,, .: > , contempt under 23 Pa. C.S. S6114, punishable by imprisonment up to six months and a fine of $100.00 to $1,000.00; and (iv) civil contempt under 23 Pa. C.S. S6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and can be extended beyond that time if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. A hearing shall be held on this matter on Friday, the 26th day of June, 1998, at 8:30 a.m.. in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. This Order shall be docketed in the office of the Prothonotary. Plaintiff shall cause proper service of this order and the petition to be made upon defendant. The Prothonotary shall not send a copy of this Order to the Defendant by mail. The appropriate police department(s) shall be provided with certified copies of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt and without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is 5, During the course of the parties' marriage, petitioner has been subjected to a variety of verbal and physical abuse from respondent causing her to leave the marital home with the children on Sunday, June 14, 1998, for her own safety, 6, Such verbal and physical abuse has consisted, inter alia, in the following: A. Approximately two years ago, respondent stuck petitioner repeatedly in the back during an argument, causing petitioner great pain and discomfort, B, Approximately one and one-half years ago, when petitioner attempted to separate from respondent due to physical and verbal abuse, respondent grabbed her arms, choked her and subjected her to other physical restraint to prevent her from leaving the marital home, At that time petitioner was required to ask a neighbor to call law enforcement authorities for assistance, c. On a variety of other instances throughout the parties' marriage, petitioner has been subjected to verbal and physical abuse at the hands of respondent. Such incidents consisted of threats of physical harm, grabbing and pushing incidents and verbal and mental insults, culminating in petitioner leaving the marital home with the children on Sunday, June 14, 1998 for her own mental and physical safety and that of the children, D, Respondent came to petitioner's present residence on Tuesday, June 16, 1998, refused to leave without the children and threatened to slit petitioner's throat and destroy all of her personal property if she did not permit him to take the children, E, Faced with such threats and intimidation, petitioner allowed the children to go with respondent, however, petitioner remains fearful for her own safety and that of her children, F, Since that time, respondent has made threats about petitioner over the telephone to a friend of petitioner's, 7, Petitioner requires an order providing for her peace in her present residence or wherever she may reside in order to protect her from contact with respondent, prevent further physical abuse and the threat thereof and prevent further injury to her, 8, Petitioner intends to file a petition for custody of the parties' children; however, the current situation requires judicial intervention prior to the time that the normal conciliation process can take place, 9, Respondent is a truck driver whose employment requires him to be absent from home on numerous weekdays and nights, 10, Petitioner believes and therefor avers, based upon respondents prior statements to her, respondent intends to take the children from the marital home to McConnellsburg, Pennsylvania, since he is unable to properly care for the children due to his employment situation and in order to prevent petitioner from seeing the children, 11, Respondent has told petitioner that he will not permit her to have any contact with the children except at the marital home when he is present. 12, Due to the current volatile situation between the parties, respondent's inability to properly care for the children, respondent's inappropriate and unacceptable ';:0- If) r:: ~ P: ,,,.; \ (0,,1 , ("; , , Vj)::: '...J ".,( , .-, ) Ct ~J. " \.... , C,!.,: I C', In ; 0 Cl f;. IJ./ l~1 . C'J ! , -..J , , 0:: ~! ! ;...J ,j ;:':: ,. :!.. l:.. \G :..~J 0 O'~ U July 10, 1998 HAROLD S. IRWI Attorney for Plai HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 21120 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.C10'0 ATTORNEY FOR PETITIONER Plaintiff : IN THE COURT Of COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW TONYA S. HOCK, v. PAUL I. HOCK, III, Defendant : NO. 98 . 3373 CIVIL TERM : PROTECTION FROM ABUSE PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Upon the request of the plaintiff, please settle and discontinue the above matter, without prejudice, In addition, please request that the Honorable J, Wesley Oler, Jr., enter an order terminating the temporary protective order entered in this case on June 26, 1998 and canceling the hearing set thereo for July 13, 1998, I ( . -"'"'~":_'~~"':,-,,,,,,,,,,"-".," , ..~-"'--.-._~-'-~,,:.:,:.~.. .' '-". '~-'~:'..:':~:-,- ~..;_.. -,. :;: ~~., "'r. . L,. CO": ,'- j:;!: .::.~ IJ.Jr?,1 (0';, :'::5 " < C.) ~., ~ u: ~'I . ~ .'.- -'0- (-~ ,- , ~'::'J -' Ci -'- , C:) (.J) " [~. C_' ;.:. , :::j , .. =-:-;: u:: " _I ~!J t~ ::) .. -, ..~ l.l~ ...-;. OJ ::.) 0 01 (.) '~:::::_..,L.__,:_.._ """""S,u~E'R "~F~S"'~E' PA"R" T, M'E N T '-;f:~:;?=^'~,:::~:-:~-::-''-.~_:':',',::-:"''''--'::'.-:'':;''_~:._- - "n' : '-j-,:t.-. ,..~"- Di --'- ,. . '"1': ., I '-' :~_3:;.':.' r: _ _ '::':'_',,' ':'." 'j.< _, .' " , _ ." '" _ '.'" Wf:/i "COUR'rHOUSE-NORTHSECOND STREET, McCONNELLSBURG, PA 17233 (717) 485.4221 , ... ' .r .', ' . . -. M\.:, " , ,SHERIFF SERVICE (c;', (::'>,/PROCESS RECEIPT, end AFFIDAVIT OF RETURN, fX,-,> ..- .> ' , ~~~;~,.:PLAINTIFF/SI . ~:~:~;:~,..,,-"~>."<" '~,~:'J . :<:. lOr:,3,DEFENDANT/S/ Z~f;:i};~,t.<~"~,:;;:,,:" ' iN,i;j SE.f\l~':: ~<~~,.j],~~f,~:~:J':~":i:,,;'.' . 8. AD RESS (Street O~FD, A artmenl No.. Boro, Twp.. State and 3tP Code) A f""",iAT',,!j ,d;;AlAle/~t!MC . c"12. .".~ , , ;i~(:;i,' INDICATE UNUSUAL SERVICE: 0 COMMON, OF PA. J1I/ DEPUTIZE 0 OTHER ,', ; ';</.;.Now,;',.:,,' 19 I. SHERIFF OF FULTON COUNTY, PA,;'do hereby deputlzortheSherlff of , ;:?:;_:>'."':::":-~.',.", '" ',_, _ , , counlytoexecutethlsWrI18~,~:m8keret~rflth.e~r.faccordl~~ /. y;;,~ to Ilw:-Thla deputation beIng made nt the request and risk of the plaintiff, . '... f,tf;J.\'j,. "j I 'i. '". ", ,"" ' " ,. SHERIFF OF FULTON COUNTY !:~\~~ijrl;J!~I,~l~~~TR~~T1~~.~,OR ~!HER INFOR~ATlO~ TH:'TWll,l ASSIST,~N EXPEDITINQ SERVICE:, ";; , !' -1F,:~J.(.fJ.~rf".?,_~tl1-',l':~:"'fll,'~~( ~~_I~t"..,oI.tl,;' ~"~!"Ia f ';, ',,~.'-1 "_'" '1- "';~4""" t'..', ":-1 ,... ;... .;.1. _.,/i ,''''"" ',' '~/~"i"""'\.i., ;:'e:: ,Sl ,:'.', ;:~. '.~:-r:.':,:, ~ ::',;';'-1.;:,.. :! ;~!;,~'.t!';'~'~',~ "" "!r;j' '~'!~ ';.'1.:,' .? ' ~'~, ,i " ,:\' ,',:, ,.;;:", :'c"" . , Vk~:)'NOrE'ONLY::APPLICABlE ON WRIT, OF EXECUTION:N,B, WAIVER OF WATCHMAN,"" Anyileputy ,herllf levying or attaching any propertyundar " ;\t;'Ivlthlni/irll may' le.ve same without'; watchman, In ctJ,tody of whomever I' found In po,ses,lon, aftar notllylng per.on onevy or attachnient; without, ,::' V'l,~ j lIabUlty on the'part of such 'deputy orthe ,herlff 10 anY plaintiff herein for eny 10", de'tructlon or removal of any ,uch property before ,herlff's sa'e thereof, ,ir'i'9,'SIO~~~IJRE.oi'~ryORN~X oroth,,, ORIOIN~TO~: ,'O.TELEPHONENUMBE~ '". ,11 : DATE :~t;;:tt{~r::~':;~:.i:;,:~);/~),;~:<:}~'?:,\,:'.(~i:<:!,~~':';'f-::~:'" ;~L:~~'.,~.: -::, '--:' ." ,,' :., . \, ' " i, ,)',- 'Mti;;cl2.',SEN,D'NOTICE OFGERVICE coPy TO, NAME AND ADORESS BELOW, (Thlurea mu,l be,completad Ilnotlcall to tie mailed) , · ~~~;'%'~~'~;;;1,:;~:~~:~.::;;,,::,:,iSPA~E>BEL~~ORUSE ~F SHERIFF ONLY ~ DO NO~ WRITE BELOW 'THIS'~IN~" ' ,; ".' ': ::;,~, \' ({?;iff~ ;,P",;13,) ,acknowledge receipt ofthe writ SIGNATURE of euthorlzed FCSD Deputy or Clerk and Tille 14, Date Received 15, Expiration/Hearing date .,1.- }i~i~:~f::.!~~::::~(~~,~~!,al,~t:~S:ln~~9~.ted:b~ve:' ," " ' , " .' . , ' " I' , ,'.., ,_..,' ":/:':;:'.<:'~",-'~:;:'::;~1}~}' ~,N~';-i,~;1~~' ;I._~erel:?Y ,CERTIF'fandRETURN that I JJ have personally ser;ved,' 0 have, legal evidence of,servlce as shown In flRemarks\ 0 have executed a_s.shownii;::\-;;;:AY. : ~~~~~~Vi:;:&.~~ln,~Re,l!1,ar~s:'-:'-'thtl...wrlt or .complalnt.descrlbed o_n the Individual, company,'corporatlon; etc.;at the,a.d.d.rl:lss.8:how'1:above..o~,o~ ,the In~lyldua';_~o~pa.".y,::.~S;:,};.):;!i' ~!>:y"",corporation..etc,,'at the addressln,ortad below by handing e TRUE and ATTESTED COPY, thereof:, '".' , ," "",'" ''', ,;'",',,;'. ,;'.\;;,:,',((cf\ ',}~,[:~,;/17;", I ,h,.rab",v'c"ert,lfY en, d, return, a NO, ,T, FOUN,D becau,e I ,a, m,u~able,to ~~cat,e t,he"ln~lvldusl',90mp,a 'y,' corporation,etc,. nemedabove; (se"e, ,rem,.erk~,~~I,o~l:~~,',~?i,I;;1 ~~j.;:I;'-~,~:'~,;,~m~.,.&!:Id:~, t1~ ~~: rd'~ ~ua.I~~~~~:(lf ",t s ~w, ~qQV.~',:';.:.P''',' ",,,,~~,~,~oI.c, '!" ,-'\,::f'"'''' ,.,':,-i""~".' "~~'1?~: ,~.1 ,", A perao t1flUlllblllftSllnd ~rscreUo~''f'''~':;\:-;'':I '''~~''''l;':~):';''i;'---:(~i~"~ ~j:~i~trh'N-;,;;,~,;':':;"::)'?'\~'::'{,":"" ::.': "':':;\:'::)::,~" ':'.':." ~ ,":, ,:-: ,:, .' " ,.' ,', '" ., ' --. - . . , _ : ,'" :", _j, , ' . :~~:~:~~I~~~~~ Be dlU,n,d_I~~,~;~'~~ :;~'>"';-',: : ,~:":--,:..',, . _',' ;~;':",;~:\:'~'~~:~\' " ;!~~:,:J~O'.iA~dressol;wher~,sarved(COrnPleie only Ifdlfferent.than sho~~ ebove) (Street or RFD, ApartlTle~t No.. City; " , 21, ,Dete 0.1 Service ,22"Tlme , ," 'i'<rd~~ " ~t~~);l;;.~;\j~"I~~"~~~teandzIPc.:de), ,,',' , ,'" ."'".",, ' " ',' ' , ""jf1?~'$~ . 1%'::;:i'~,~:':~TFEM~8_'/'", .,M."~' i D~p,_lnt, : Dale '-:",~II",::. ;,,;:,D~P..,~~~~,:-:::,'~,;~*-' Ifti;;;::~d:~~~~,C~st~":/';:> 25, Service ,cost, ' 28, Total Cost, .,', 29'C~~;~~.'::'~~;~:~~f~ '.~im;~tlt~~~~;;~~I.:~";',F,~/;~~~~.}\~-~,::~;:2!.,",",'. .,...,..',..,.... · .';,.. /', ,,",:,':!,,'~::A,' ',/Ii-,,' ,--Ie,'A1,:--.,",,',','-)P,':.,7S,",'...,'S,,:,,::.:,'..',:~ ,,',.,',::7t,,'..,A,,',,'~" "...,.'.,.. .,);'.....::;2.~;",;i;~~;~~';,'f~,!";1Jtir ~t;,!M,',;'i'):,;"'," .,.,.,..h4ef'A., ;~)jJ,}!"'$,'1:;",.S;('/}'!/!II:..,, 1" ',' ',', v ,;S!e,.If':".,<":/.,',:",'..M,,',;':,:,:.:,..:~.,,,:;i.1ir.'!' 1~~~W[:(;:tJ:ii~/..;.::::,'::\':':....,:.:;'~~,:,.'.~:::/f'/~~~~~~;:)~\~';:, i~""\'-'~:";';:':';,,/ ":': "':'.: ' ,::,. ' .' ',' ~,,' l :::;.,:",'",,"'--;",:,:'.'-"'~:>'.> :'~,:;.\',),~,:~.':'~j~,:'.J:.~~.:>"'~~';~,':',,:.~,',~;-i~:~em' i~n{'ft;J;<'::;'.:i:':~-..':";':.C-;I:':/Ir'{' . t'~:.;tlN:j\;..~,...~, 'JiJ'Jf:".;}r:;r:<::-'" .,:" "i '. ,. ,.,.:. ';. ,:i;;~..-?:J'J';':;>'~;',;,.';,~~,.i;',J:.;;;i.'~'.{R,h- ~}.I:!'/.ti'/;Y~' 1,';':o':_t'ir,:fF,' I~'f:\,',:' -(~~,:,.',":"t", el/ ,I..' ;:'~'" 'II ",' 'rf'i:,.\'t'J{,':i'I'<;~"\":';':';;;'/'\+t ~~;:;'~l:A.'\';}'i"'. ,""J':j'~" 'f; <':J', ,q"),'<N /\,..:", ' -,: " ~,', ~,I;.,,";/::~:"';":"~'l:: ..t,~\,"l""""':"~",,,,' ~"..f_~ -'"'{q"/l:\",__ ,: ,', .' '"''''1 . I"~";:"^;I' h ~ . l' ~,.,:\ ".'fl, '-/.'1?'[' ~-.,i' j :\1, f,.., 'i'~ '3 'I. _0 ,~ ""v)i;: ~l:~1'~'1:;"A~FI~MEo':~ ~~~~;'tIRto~. ~O(~\.,~~~t~I!$ . :.' (1. ': -',. -'-' ~'" :~~:":_(:~}~C " .. .,... ',. '\, ",:;/ >.'" .:/" '8,0 ...", .."....,R.'.' i'li -'34 'd' ~,., ~ . i' \ ~ . ",' '/"''':'9 ~ , '.1:) , ",,:. :,-"';~;'11,:;':':, ;"":-':\"'~" '._." -:~', ' ,,-::,,"~I"-;~""-'-'_:'>i'~~ ll." "\",." .' .. \'..: " t.., C>' . \ ~ ..., '.. ",.' ""''',.'< :: ~t.~li1r~2:,~'ir'i~Ji&l~t;:K,;i~k:".~;~ ,':~ .." ., , .' ",i , ,,';':~~;;'?i~:~"~ ;! /,;,:",!;38,'JACKI\IO.w~EDGE',REOEIP < '\'"' """;;;':';;;';""'""''':''''.';1''/1' i ~~di,~%~~g[~~~~I,~~~"y~~~~~t; ., .. , YEllOW, BLUE & G~~N'- ~~E~I~~'itE~~R~~~~~:;,;f.;7;:~;'t~;::i~i~~ INSTRUCTIONS FOR SERVICE OF PROCESS, Pl.... tYpe or print legIbly, Do' not detach any CO~18~, .': , 0, TC"TO SERVICE OR DESCRIPTION OF PROPERTY TO'SE lEVIE,D,'ATTACHED OR, SOLO; .;'.. 1/"'3,s ., .".' . ,.~; .,' ,,":' ",' -,w~~st1ERifFrS"l~d~E'PJrRf"M(E'NT':;"'~""~\'I(.r~~-~~I~~;:~', . , COURTHOUSE-NORTH SECOND STREET, McCONNELLSBURG. PA 17233 (717) 485-4221 SHERIFF SERVICE PROCESS RECEIPT, and AFFIOAVIT OF RETURN ,1, ,PLA, INTIFFISI ~ "r . " " ' /oA/YA 3, DEFENDANTISI INSTRUCTIONS FOR SERVICE OF PROCESS, PI...elyp. or print logibly, 00 nol del.ch any coplet, 8, ADDRESS (Street or RFD. Apar1mont No" Boro. Twp., Slolo and ZIP Coda) I .$ :1\ ;..., "I !!,' 'i'l :l!' ','~ll )" .,ti ','1; ',;'~; , S:li /1;1, ...,'(J . /;" ^' . SE.VE "-".. .-;, AT ,ETC" TO SERVICE OR OESCRIPIION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD, 7, INDICATE UNUSUAL SERVICE: 0 COMMON, OF PA, Now, ~ DEPUTIZE 0 OTHER . 19 I. SHERIFF OF FULTON COUNTY, PA.,do heroby deputize lhe Sherllf 01 County to o)(6Culo thIs Wr/t and mako relurn theriot according J. ~ to law. This deputation being made at the request and risk ollhe plalnlill, SHEHlF:; OF FULTON COUNTY I, IPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: .. . .', . , ',"., " ,.l A' '. /1 " ,',I I ~.,.. of' ~ ,., .,' ,NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N,B, WAIVER OF WATCHMAN - Any deputy sherilll.vying or attaching any property under ;)<, ",'~.wlthln writ may _leave same without a watchman, In custody of whomever Is found In possession, after notifying person at levy or attachment, without '>,"/(,'UablUtyorl the part of such depulyor the sheriff 10 any plaintiff herein for any loss, de,truction or removal of any ,uch property before sheriff', ,.Iethereof, /,:" t~::i,9.:~I~NAT~RE of ATTORNEY or other ORIGINATOR 'i_,- i'J :,';12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (Thl' .r.. mu.' be complet.d II notice I. to be malfed) 10, TELEPHONE NUMBER 11,DATE .,j"',, ',......,.,......-,... . ;~,~!. '.'; '.., \ SPACE BELOW OR USE OF SHERIFF ONLY DO NOT WRITE BELOW THIS LINE ", SIGNATURE of authorized FCSD Deputy or Clerk and Tltie 14, Date Received 15, Expiration/Hearing date 1",3, I aCk,n,oWledge receipt of the writ l , '. ,or complaint as Indicated above, f 16, I h'ereby CERTIFY and RETURN that I 0 hava parsonally sarvad, 0 havalagalavldanca of servlca a' 'hown In "Ramarks", 0 hava axacutad a, ,hown .~ In "Remarks", the writ or complaint described on the Individual, company, corporation. etc.. at the address shown above or on the Individual. company. I " ' " ',(' ,'corporation, etc.. a' tha addra..lnsortad balow by handing a TRUE end ATTESTED COPY theraof, ;.. 17. I hereby certify and return a NOT FOUND because I am unable to locate the Individual, company, corporallon. etc.. named abov8.(See remarks'below) :~:.;"~ ::,1~:; B/"Qeand t1Ue,01,-Jndlyldual B~rve,d. (!f npt s!lpwn above) . ~~..-~:~' -: ~. ,:.".~ '~.'~' ':' ,; _'.9,~'A ijerlon.of .ultilbl~ age and'dlscrollont_ . '';:'',:-. . :,,?~J.l' '0:", ,-, ," J "-!,,,~. , :""'1",. .'It., ,., , , ," thenro,)dlnglnthedelendllnt'sulual' ':' ',''-:<.,W, place 01 abode, CJ ' ,',,-' " 20,' Addres, of whara servad (complata only If different than shown abova) (Straat or RFD, Apartment No" City, 21, Da'a or Service 22, Tlma Boro, Twp" Stata and Zip Coda) )( .' . ~',:, . ~, "AM PM, ,EST:' ',:EDST \" SO ANSWER, "', 29, CO'T oua OR REFUN~:;l ~/If>':: ',,':,;il ,/(<<. .;t'c:~ , .' ~,,", ,',. ; '~""'~'!':W ;" '<'-""""'~ '. ::,,;:':;i;i! . .:,., ':"::'\~;i 33. Date ", ":<'.;;,;::/;~,~tr .~.f:;'" }'. 30, REMARKS: d' '.~:'. '-' "" .... (~' ' . Ii, e ",:,'-;;""}.;2 dJ :e,;, t ,rv.... f~V!.p,.... , t.,;" < " . ,j.,,~(;.P' Iii' ,:;:' >",_,;.', , ~"j."''''/' 1', " " >". ,t., 'i. ~'," " " , '. , "" (. , 1'" " , " 'f. '.:'- ',,-- . , .' " . ".- .o1C'I"~,""" ~,~y,:~:" /r;,c~..:r,~, .,,:," , :'; ,. , .". ~ J -, "!:'?~~) <.L ~Jf:' 31. AFFIRMED and subsc'r(bed to. before me thIs .'~. -~~ \ ,',' >'~4. ';~~y"~'~'~'--':' ,.\\\'~~T~~J:\>>'( 'A~."/'9 ~Ct-'f ,',1' \ \\ '" ..)', '. <""\l ,'., .. , ,,'" I'. 37, \'. ) \), '\ ,(\ I}I,';~;'''\' ,'" \' \r::r.( ...:... : " ,"c',: ,..: . PrOlhb"d1BryfOoPUIY/NOtll~,P.ub!le ... . . . MY MMISSI NEXPIRES ' :"~'<:':i" ..-.,~ -.....,.:'.r\n " . .38.:1 ACKNOWLEDGE RECEIPT'OF'THE SHERIFF'S RETURN SIGNATgR ,". OFAUTHORIZED ISSUING AUTHORITY AND TITLE, ' st'l/t'~/JI /llliA-I,P is 7CJ "St'A'l/~, ,~ .;.. ~'I'.~~' , ",;;,\' 1 ...."":' ,"'-, .......,...;;,..'.'.'..., YELLOW, BLUE & GREEN - SHERIFF'S DEPARTMENT "",., ,'.'..: TONYA S. HOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PAUL I. HOCK, III, Defendant NO. 98-3373 CIVIL TERM TEMPORARY PROTECTIVE ORDER AND NOW, this 22nd day of June, 1998, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Tonya S. Hock, now residing at 40 Betty Nelson Trailer Park, Lot 149, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Paul I. Hock, III, the following Temporary Order is entered. The defendant, Paul I. Hock, III, whose current address is either Orchard Hills Trailer Park, Lot 67, Shermansdale, Perry County, Pennsylvania 17090 or HCR 75, Box 167, Mcconnellsburg, Fulton County, Pennsylvania 17233, is hereby enjoined from physically abusing the plaintiff, Tonya S. Hock, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 40 Betty Nelson Trailer Park, Lot 149, Carlisle, Cumberland County, Pennsylvania, or any other residence she may establish. The defendant is enjoined from entering the plaintiff's place of employment. A violation of this Order may subject the defendant to: (i) arrest under 23 Pa. C.S. 96113; (ii) a private criminal complaint under 23 Pa. C.S. S6311.1; (iii) a charge of indirect criminal contempt under 23 Pa. C.S. S6114, punishable by imprisonment up to six months and a fine of $100.00 to $1,000.00; and (iv) civil contempt under 23 Pa. C.S. S6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and can be extended beyond that time if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. A hearing shall be held on this matter on Friday, the 26th day of June, 1998, at 8:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. This Order shall be docketed in the office of the Prothonotary. Plaintiff shall cause proper service of this order and the petition to be made upon defendant. The Prothonotary shall not send a copy of this Order to the Defendant by mail. The appropriate police department(s) shall be provided with certified copies of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt and ,without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is TONYA S. HOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PAUL I. HOCK, III, Defendant NO. 98-3373 CIVIL TERM NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case does to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once, 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. Lawyer Referral Service 717-249-3166 800-990-9108 (In PA only) 5, During the course of the parties' marriage, petitioner has been subjected to a variety of verbal and physical abuse from respondent causing her to leave the marital home with the children on Sunday, June 14, 1998, for her own safety, 6, Such verbal and physical abuse has consisted, inter alia, in the following: A. Approximately two years ago, respondent stuck petitioner repeatedly in the back during an argument, causing petitioner great pain and discomfort, 8, Approximately one and one-half years ago, when petitioner attempted to separate from respondent due to physical and verbal abuse, respondent grabbed her arms, choked her and subjected her to other physical restraint to prevent her from leaving the marital home, At that time petitioner was required to ask a neighbor to call law enforcement authorities for assistance, C, On a variety of other instances throughout the parties' marriage, petitioner has been subjected to verbal and physical abuse at the hands of respondent. Such incidents consisted of threats of physical harm, grabbing and pushing incidents and verbal and mental insults, culminating in petitioner leaving the marital home with the children on Sunday, June 14, 1998 for her own mental and physical safety and that of the children, D, Respondent came to petitioner's present residence on Tuesday, June 16, 1998, refused to leave without the children and threatened to slit petitioner's throat and destroy all of her personal property if she did not permit him to take the children, E, Faced with such threats and intimidation, petitioner allowed the children to go with respondent, however, petitioner remains fearful for her own safety and that of her children, F, Since that time, respondent has made threats about petitioner over the telephone to a friend of petitioner's, 7, Petitioner requires an order providing for her peace in her present residence or wherever she may reside in order to protect her from contact with respondent, prevent further physical abuse and the threat thereof and prevent further injury to her, 8. Petitioner intends to file a petition for custody of the parties' children; however, the current situation requires judicial intervention prior to the time that the normal conciliation process can take place, 9. Respondent is a truck driver whose employment requires him to be absent from home on numerous weekdays and nights, 10, Petitioner believes and therefor avers, based upon respondents prior statements to her, respondent intends to take the children from the marital home to McConnellsburg, Pennsylvania, since he is unable to properly care for the children due to his employment situation and in order to prevent petitioner from seeing the children, 11 , Respondent has told petitioner that he will not permit her to have any contact with the children except at the marital home when he is present. 12, Due to the current volatile situation between the parties, respondent's inability to properly care for the children, respondent's inappropriate and unacceptable proposal for petitioner's contact with the children, petitioner believes and therefor avers that the best interests and welfare of the children require an Order of Court providing that petitioner be awarded primary physical custody of the children, subject to respondent's right of temporary physical custody on alternating weekends, from Saturday morning until Sunday evening, pending further Order of this or another Court, WHEREFORE, petitioner requests this Court to enter an order providing that; A. Respondent shall refrain from abusing, threatening with violence, harassing or visiting the petitioner in any manner; B, Respondent shall otherwise be excluded from being in the area of the petitioner's residence at 40 Betty Nelson Trailer Park, Lot 149, Carlisle, Pennsylvania 17013, or such other residence as petitioner shall be living from time to time and from all contact with petitioner when she is in public or at her employment; and C, That petitioner shall have primary physical custody of the children, SUbject to respondent's right of temporary physical custody on alternating Weekends, from Saturday morning until Sunday evening, pending further Order of this or another Court; and 0, Such other relief as the Court deems necessary, June 17, 1998 petitioner 35 East High Stre Carlisle, PA 17013 (717) 243-6090 Supreme Court I.D. NO. 29920