HomeMy WebLinkAbout98-04264
~I
~
~
\II
~,
i
~i
~I
~
~
I
I
j
\
,\,
II"
\,
I,
"
,
\
"
\,
\
\.
\
\
,
i
I
I
j
I
,
.I
I
I
~
)~
-
~
. ::l
...
~
)J
j
~
~
;d
,
,~
~
I
'J
"
."
~4>
f,.,
'j
"J'
'.'
.......,>..,"":'~......:..'fl...,. :'~y
.i;..' ::\""'~''''''''''''''!''_~~;. '.
j
~.r,;.o. ,
:-:
.~~
,,,!',
J,'
t,. '."
~
...~ <<
~ , '. " "! ,
.~ ':..'~ ;,'
'.1 t:~~ ''3.'. '
" "'{l,~~ 'J(iI 1:"
,~- "', " ',;' 1.' ,
? ..,~ 'N"~~~},. i':
~~. ::n""....
" I ...:.f", :... ~ (.
t, ..... J'..
:IV' v...., . "
'-. -<<'. .....
\' ''JI;I ~~~.
''.It..' '-t'
'f' f;
,.~.. '..:" '':'\'1>
!,~-~~ '..:' . :~\~
.c-:;"t , rl,.: J~,
' '~'''- C;~.~ ~.
''''. ....4.:'.,)..
,If ".. "''';.,''''.1
t~.t' \ r :,_l~.,
'.,
,
\.Vi
J",
','
'J'
. ':
! ..
.I~"'"
'. .'",'
i. \::
It
["
",
~!'
i '.<:
q:.
(,
ir,
1'1:"
.',
"
,
.,
,
,
.e\
'.tNt.'
.
4.
"
't.,
.~ .f.
I
'J;
,
~"'- ",'
.;;.~~)
,;:- ...i;, ~,
-;. .
. 4'f;.
.:j!\iI.'""-~d
~'''$ . . }:e-'
<f'
.'
Ii
.\
\ r',
r
! 1<
\ 'I'j
1,-,.,:;
... f:"?i"
..~:._, ~,;,.~Ls~~
. :/'/)'~:l
...~~.:..f},~"~.",,.^
~.
~.~
-,
~i'
'.
'jh
I.
,......
,
-.". '.
WALTER D. MORGAN,
Pl a i nt iff
IN THE COllRT OF COMMON PLEAS
vs.
OF ClIMBERLAND COUNTY, PENNSYLVANTA
RHONDA N. MORGAN,
NO. 98 - .I-f.2t..y
CIVI L TERM
Defendant
PROTECT ION FROM ABIJSE
AND CUSTODY
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 may
be evicted from your residence and lose other important rights.
A hearing on the matter is scheduled for the _3/<lt day of {)lLJiv, ,1998, at
f/: ~O,l..m., in Courtroom No, -1_ of the Cumberland County Courth~us9, Carlisle,
Pennsylvania.
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. ~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 Against 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 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 ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 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 D'isabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals 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.
WALTER D. MORGAN,
Plaintiff
Hi Til!' COIIRT (Ie rrIW.ION PIFAS
OF CUMBERLAND COUNTY,PENNSYLVANIA
vs.
NO. 98 - y.) l.. 'I
CIVIL TERM
RHONDA N. MORGAN,
Defendant
PROTECTION FROM ABUSE
CUSTODY
T i=MPORA I3ll'.BOT E CT LONJROl-LAj3JL5 LOBDFH
Defendant's Name: Rhonda N. Morgan
Defendant's Date of Birth: 7/21/69
Defendant's Social Security Number: Unknown
Names of all Protected Persons, including Plaintiff and minor
child/ren: Walter D. Morgan
AND NOW, this _t.~~ day of ~~~_, 1998, upon consideration
of the attached Petition for Protecti~ from Abuse, the court
hereby enters the following Temporary Order:
~ 1. Defendant shall not abuse, harass, stalk or threaten any
of the above persons in any place where they might be found.
rgJ 2. Defendant is evicted and excluded from the residence at
the plaintiff's residence located at 221 North Seventh Street,
New Cumberland, Cumberland County, Pennsylvania, a residence
which is leased solely by the plaintiff, which is not owned or
leased by the defendant, and any other residence the plaintiff
may establish, except for the limited purpose of transferring
custody of the parties' children. The defendant shall remain in
his vehicle at all times during the transfer of custody.
Plaintiff is granted exclusive possession of the residence.
Defendant shall have no right or privilege to enter or be present
on the premises.
~ 3. Except for such contact with the minor child/ren as may be
permitted under Paragraph 5 of this Order, Defendant is
prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited, to any contact at
Plaintiff's school, business, or place of employment. Defendant
is specifically ordered to stay away from the following locations
for the duration of this Order: 2115 North Sixth Street,
Harrisburg, Dauphin County, Pennsylvania, to which the plaintiff
and the minor chilrl, Christopher W. Morgan moved to avoid abuse,
which is not owned or leased by thp rlefendant, and any other
residence th., plllintiff may establi.stl, 'lxcept for the limited
purpose of transferring Cllstociy of the parties' children. The
defendant shall remain in her vehicle ilt all times dut-ing the
transfer of custody.
~ 4. Except for such contact with the minor child/ren as may be
permitted under Paragraph 5 of this Order, Defendant shall not
contact Plaintiff by telephone or by any other means, including
through third persons.
~c.ik pr'~~n~~~rr ~i~c..C!.me e.oiltiNt..ljr~l h~~~Lf2\'1 iJC~..~* cmr.,~t~~et; c!.:,(J
PL, "flu: '" )nwar~LDllnr~rRrvcus~8'dY ~ 1: he T~10WHllf ml n(~C iC, ~ f{.
chi 1 d/ren: Chri stopher w. Morgan-,-DOBI72[;lgn-a~__a.1'.an-- L. 'h'" ~~
Morgan, DOB 6/20/g5. ________ oltOCI r 1J )
---
Until the final hearing, all,.....confii.C;t between Defendant and the
child/ren shall be limt..t-e-&""1:o the following:
/-
...-
a. Partj..a-l--Physical custody of the minor children on
alt~.ftaling weekends beginning on Friday, July 31, 199B, at
5~0 p.m. until Sunday, August 2, 1998, at 6:00 p.m. and so
on, alternating.
b. Weekly telephone contact with the children at times
agree u fJdrli~s.
Hre leBal lS','1 gnfnrN'ment <l..9.ency in t\'1e jw:-:i-&44-e-t-i-c:m-wfte.r~he
c~lr-en'4l.re-l"Q"C'at'e.d- shal-l--ensu r e-t-h at.--th-e-ch-i--ldl ren-fr"'~Q.l ace d
in t hp ca,~rrd-ccmTro l--or-fne- PTiol--fiiT,f-rrn-accorcfiince Wn-tJ1: he
t~rms of this Order.
06. Defendant shall immediately relinquish the following
weapons to the Sheriff's Office or a designated local law
enforcement agency for the delivery to the Sheriff's Office:
Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this Order.
~ 7. The following additional reI ief is granted:
The Cumberland County Sheriff's Department shall attempt to
make service at plaintif~ s request and without pre-payment of
fees, but service may be accomplished under any applicable Rule
of Civil Procedure.
Thi s OrdHr shn11 bH dockf!t I'd in I he of f i<;" of I hp
Prothonotnry ilnd fOl'wnrd"d to Ih,. Sheriff for ~prvie". Thl.'
Prothonolnry shall nol s"rHI" copy of this Or-d'~r 10 n"fNldnnt hy
mai 1.
This Order shil11 remain in "ffeet IInti1 modified or
terminated by the Court nnd can he extended beyond its original
expiration datei f the Court finds that Defendnnt has committed
another nct of abURB or hns engaged in a pnttern or prnctice thnt
indicates continued risk of harm to Plaintiff.
Defendant is onjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives
and/or the minor children
~ 8. A certified cory of this Order Shall be provided to the
police department where Plaintiff resides and any other agency
specified hereafter: New Cumberland and West Shore Regional
Police Departments.
o 9. THIS ORDER SUPERSEDES_D ANY PRIOR PFA ORDER AND_D ANY
PRIOR ORDER RELATING TO CHILD CUSTODY
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE
AND HEARING.
NOTICE TO DEFENDANT
Defendant is he,-eby notified that violation of this Order
may ,"esult in arrest for indirect criminal contempt. which is
punishable by a fine of up to $1,000.00 and/or up to six months
in jail. 23 Pit.C.S. g6l1d. Consent of the Plaintiff to
Defendant's ,'etur-!) to the ,-esidence shall not invalidate this
Order, which Citn only be changed or modified through the filing
of appropriate coun parers for that Pu/'pose. 23 Pa.C.S. g6113.
Defendant is further notified that violation of this Order may
subject him/her to state charges and penalties under the
Pennsy1vani a C,"imes Code and to federal charges and pena 1t ies
under the Violence Against Women Act, 18 U.S.C. gg 2261-2262.
Any protection order granted by a court may be COnsidered in any
subsequent proceedings, including child custody proceedings,
under title 23 (Dome~ic Relations) of the PennSYlvania
Canso 1 i dat ed St at ut es.
~_....:- -"_ ._.__~~. "~~"'''':''':~:':';';;~~';;';''''~~,';';;';;');Ir;r,. .
''''''C_'_''''~:''''';'';M..--.''''~:'.~''~
t n k (-) I: ~H~ (; h 1 1 (I () l' t () f t fH"' c. t ;1 t f' () f P f'IH1~; Y 1 v rl n i ;\ .
T h (. n ~~ fen d n tl t i (; iI 1 'u) t h t" fl ;! t ~1I) i I') 'J !, (.' t:) k f' r he in i no,.
r;hild, Christopfwr- W. /.10 '-grill , from the pl,Jintiff's
c u s tad y fl'Hl tEl h, 0 h i ill 0 U t. 0 ( t h pst n t ~ 0 f
Pennsy 1 vfln i (":1.
10. The following other minot' chi ld pn'sp"t ly 1 i'lf' with
Plaintiff:
Name~l2..1
AgeL:,) f:J3Jnt i f..L'.5.J.eJ!1!J.olJ.S h) ntO.C.D.tJ.dr.en
Christophe"
W. Morgan
7 years old father
11. The filcts of the most necent incident of ilhuse are as
follows:
In at- about the i;eginning of ,July 1998, the
defendant hecame enraged. forcefully grabbed the
plaintiff hy his throat, smashed his head against a
picture frame causing a Cllt on the back of his head. The
defendant then phYSically attacked the plaintiff's sister
causing him to fear for his safety.
12. Defendant has committed the following prior acts of abuse
against Plaintiff:
a. In or about the middle of June 1998, the defendant
became enraged and punched the plaintiff in the back of his
head.
b. Since 1994, the defendant has repeatedly slapped
the plaintiff across the face, scratched his face,
attempted to choke him, 10ckecJ him out of thei r
apartment, threatened to hit him with a frying pan and
threatened to kill him causing him to fear for his
safety.
13, The following police departments or law enforcement
agency(ies) in the area in which Plaintiff lives should be
provided with a copy of the Protection Order: New Cumberland and
West Shore Regional Police Departments,
14, There is an immediate and present danger of further abuse
from the Defendant.
WHEREFORE, PLAINTIcF REOUESTS 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
stilH:ing Plaintiff and/or rninnr- ,;hildr-p.n 1n ilny nl"rce where
Plilintiff milY 111; founll,
8 . ['v i r: t / ex c II) c1 e 0 e fen d il n t f I-om P 1 " i n I iff' S r- e ,,; den c e "n d
prollihit Defendant from '!ttempting to eIH"'- any temporary Or
permanent residence of the Plaintiff.
C. Award Plaintiff temporary custorJy of the minor children and
place the following I-estrictions 0,- contact ;wt\'i(;"n Defendant and
(:h i ldren:
a. Partial Dhysical custody of the minor child,-en on
alternating weekends heginning on Friday, ,July 31, 1998, at
5:00 p.m. until Sunday, August 2,1998, ill 6:00 p.m. and so
on, altel-nating.
h. Weekly telephone contact with the children at times
agreed upon by the parties.
D. Prohibit Defendant from having any contact with Plaintiff
and/or minor child/len, eithel- in per-son, by telephone, 0'- in
wl'iting, pel-sonally or th,-ough third persons, including, but not
limited to, any contact at Plaintiff's school, business, or place
of employment, except as the Court may find necessary with
respect to partial custody with the minor children.
E. Prohibit Defendant from having any contact with Plaintiff's
relatives and Plaintiff's children listed in this Petition,
except as the court may find necessary with respect to partial
custody with the minor children.
F. Ol-der Defendant to pay the costs of this action, inclUding
filing fees, service fees, and surcharge of $25.00.
G. Order Defendant to pay $250.00 to reimburse one of Legal
Servcies, lnc's funding soul'ces for the cost of litigation in
this case.
H. Order the following additional r'elief, not listed above:
a. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
b. Defendant is to I-efrain from harassing Plaintiff's
relatives and/or the minor children,
T. Grant such other relief as the court deems appropriate,
Order the police or other la~ enforcement agency to serve the
Defendant with a copy of this Petition, any Order issued, and the
Iv^I/rlm D. Wl}/(;Ml,
I'laill I.i 1'1'
IN 'I'll"; (;O[Ii/T OF (:O.\I~IO~ I'I.I':'\S OF
v.
('II;\II\EII I,ANfl ('OIINT\', PI';Ntl:S I'LV 'IN ,;\
nllOND!\ N. ~IOflG^N,
nf~rpnd(Jnt
NO, ~}R-.l :"~(j.l
r;[Vfl. '1'I':II~'
PIIOTIW'!'[nN Fnml MlIlSE
AND CUSTOI1Y
MOTION FOIl, r.ON'I'INU^NGI':
Th.. plaintifr, Iva] I.,,,' fl. "loI'gan, b;.' nlld I.bl'ough hiH al.l,o"I1(>)', mOV"H 1.1'11'
COllrt fOl' lIn OI'dpl~ l'8xc:hedlllillg Uw hearing in Uw nh()vj~-cllpLion(~d c:u.a~ on
the gl'OulldH I.hlll.:
1. A TempoI'lll'y P,'oI.P"tiOI1 Ol'd",' W"H iRSU"d h;.' I.his COli t'l. on
TllllI'sda:>', ,lull' 23, 1998, H"h"dulillg a hea,'il1g 1'01' Pl'iday, ,Jill)' 31, H198, al.
8:30 H.II1.
2, Renee ~I, Mo"gan H(,l'v('d U.,,, derend","; wil.h it c('t'tifi"d "opy of
t.he Telllpm'iu'y Pl'ol:ecl.iotl OJ'rl(~I' and PpLil.ion fOl' Pl'oLeeUon Ol'r!t"!)' on Jl'ridaYI
,ruly 24, 1998, al SUtll'jH" 'I' I'll V,,] CRnl."" in H'"','isb"l'g.
:t The parties ag"ee Lo "08cht"!dule the hent'ing 1;0 affol'd them time to
negotiate the mal.l;",'.
4. The plaintifr "('quesl.s I.hal. a hearing be s"heduled in this maUer.
5. The plainl.irr ,'equests I.hnl. I.h(' Tempol'm'y P,'ol.eeLion O,'del' remain
in effect 1'01' one yem' a" until modin"d 01' I.e,'minal.ed by t.he COIIl'1. arLer
notice lltld hp';'ll'ing.
G. Cel'tiri,~d copies or Lhe O,,'del' fat' Continuance will he delivered to
the New CUlllbel'land and WeHI; Shol'c Regional Polie" f)epnl'l.lllenl.s hy the
aLLo,.'n"y f,)J' I;he plaintifr.
'.....
~
"G
(') '-.0 0
f; CJ -n
-,
"(, , "- _,.-r,
fi ~ . "'f-=-
"'.-. , (..) :'~,'.P..l
L~ 0 " -
'..':1/)
~::.:. \ "C) ~;i~ ~11
.~..; (" -:...
,'" ~..) ::..')rn
,f" '-... ~
::: :l1
::! tv -<;
(':>
4-
~
,
,
,
~
,
.'
~
,-
~,
'""
~
1
~
, ,
r-;...
1
~
~
.....
"
,
,
Q:2.
~
e;;
i f t III i < i
i I l
J ll. II: "
i l~! . ~ i
. 5 ~
... 1Io
t II n t
.
-::l; 2 . g
F.
1\ ~ .QJ f 5
K K
o ".
....'it"
it ~
:?
i
i f'- 0;'
c~ <
':> 2:
-<(....00.
0 ;.
-. "
f t1'"~ . "
< '!I. ::D
'<.8- . Il.
i ~ i 0
tr ~ t f -f
!! m
!I . t n
~ l\.
. ::I...
11 J
~ . O!l!
!!. i . i Z~
~ .
i < !a .,,~
1Io . !I. :l
~~. ~ [ 1\ ::D>
. OJ
P . f
~ 5:(0
0 1\ ,,;1
i 1ft
, ..... m"'
1 n i :i c:~
~ ~
i ene:
" ml;l
;; 9- C
. -< ,< &
: . ~
-, ~ .
,. i ~ f
~ i ..
. n f ~
i ! ~ ~ g !. !I en
~ . , . ", ::t:
1Io "
" . .. ..I::. . .g i
;; . [ = i m
~ n ~
1\ . ~
a. 8. ~ It
. "Q ~ 51. l:
la .. . ..
!I. = ~ . 0 . 1
1\ . n 1 } ~ ~
8. 1\ iF .
. ~ I
n .
!! < < .
. it ; ~
!I. .
1\ . [ .
!! n !I :l
n . .
!!. 0 I "
a E. ~
;! l! ;;'
E :!l :s " "
. :. . ~
~ c::
~ ;; . 8
~ !'j ~
a. ...
. c:
. . ~ :;j
N " .. "tl
.;; . c.,....... . 1\
n .. C> tl C
. !l. _. ... :i ~
1Io 3: n
l! lD . ;:
:;: a. n m
:!' 1\ i'
""'" n
.
c:r" g
""<
~ ,;., .,.-: ~" ',~-:.
~ ,'j ,::..:f- N!? ..:~$t~
~/,;~: i ~n;lf,l:
~ "";'fG 0 "..;:l;
. . :.'~ 101:'"''
. "::.::: (.!.\ g ....,g!
~ . ,'):~ ')<0 ~ .:::~!t.
'.' ,'-t- ~ "3'
i't'::i\l; ::s ;>~,
trl.:.... II 'q..[.~.."
mi~i ~ ~J::l)~~
"",.,,!tJ.,}l;,
~~~~l~~~ :' <~l;tl};
S:"'a';';:'>"'~ .~~
U::;:':;'ttP ~ ':::'-:':~.<
'i? +.S'
~:;O-(::::'
;{::,:
.~',
::,:,:{:i
,,:;':F'
" ~
..
a !!.
~ 0
!1.
0 0
!2 ..
"
~ =
M
0
"
M'
:c
~
" ~
..
[ 0
" 'l !1.
. ~ 0
.. " ..
5' . !? "
~ n 0 ~
~ !l .
. 0 0
" .. ".
.- ~~ 0
~ . '{l
0 n
" !\
..
!!:
.
~
" " "
.. .. il
[ [ ;;
'i =i n
,. . ;;
N C ..
'if . "
n :; ~
.
0 ~ 0
.. ,
~ <II ..
:;: N
;r ii'
n
0
..
~ <II
:;:
;r
L-.
2
l'
El
;;
.M
..
o
"
8
~
z
~
~
S'
c
o
'"
c
;;-
!:.
S'
c
..
c
.
"
n
':I
:!I
~
o
2-
<II
~
:I:
o
if
"
"
Ii
~
.
"
.
~ I
~~f
,Q}
~
rt'
a
~
f> r;;'
1"~
-.<t.3
o
tJS'
'<.8-
tt
(2..
~~
~'
o
""
0-
~
"'<
cJ'
t
o
-.
'"
~
5'
..
o
"
~
[
~
o
ir
g
m
~
o
n
o
g
:I:
l!-
n
o
~
p
.z
."
S'
"
~
[
n
..
.
.
;;
n
~
"
i!
-0
""
o
-0
J
o
f-
~
~
L-'
o
-.
~
'<
tr
"""<
~ " " ~
0 . g (II
. " z "
, n n = if
a. .. .. 0 fj
. ~ ~
, l5: "
.,
. 0 0 . ;;
;1. "
.. ~ c: C
0. ;; n '"
~ n . . 0
;; !:. c " c
.
0 8' 0 0 11
~ "
z z c
z c
c 5 3 5'
3 " !2
" " . n
0 0 ~ .
" ~ ~
~
::>
ti
"
n
..
if
o
"
ti
z
l!.
0
"
0
c
~
!'.
8' ~ ll:
~ . M
~ n
. !'.
~ 0 ..
"' "
0 0
c: 0
C
n 0
.
" z
. c
. 3
~ "
. ~
~
c -]
!'.
0
"
~
0
;1.
0- 0
!2 3:
.
~ ~
:'!
"
.
'"
n
..
"
o
"
n
..
"
o
"
~
!'.
8'
if
~
g
ir
5'
!'.
5'
c
..
"
.
"
n
..
n
o
.
.
z
c
3
"
o
~
o
!l.
.
,
0.
.
,
.,
.
'"
..
~
f
;.
" "
0 .
'" '"
n n
.. ;-
'" "
~ .
"
~ ~
c
. t\
..
" 0
~ ,
. ..
.. ;j
.. ~
N
'if ~
n
0 "
0. n
~ ;-
n
0
~
0 ~
"
~
. !:
~ co
.
0 j
c:
n
.
" z
.
0 c
;f 3
"
~ 0
~
.....'.,.;..;,:
"tl
::0
o
-l
m
(")
-l
o~
Z z
(II
;a ~
o z
s: ~
>~
m"
Co
C/l !:
m:;l
c
>
~
C/l
::t:
m
m
-l
o
C
"'tl
o
?:;
m
J f I i en
~ f ~f < 'II
t f!
i
J ~ l i ~~ It " I
. 9-
~ [ ~
a ~ '"
!: ......~ n ~
. f
~ -=T.t! ~~ f I
() ~:-..; f f I
~
o~ ~ ., ~
~
-. rt" ~
i Ii ~
.. ~ Vi'
~
5"~ <
'j .
~(." ;z;
l!.
0 .
t:r '5' :0 -a
.
f ~ 'il. ::0
'<.8- II.
~ ~ t 0
tf ~ t -f
.. m
!l ~ (')
~ II
.. :I."
~ ~t i O~
. i Zii
i .
.
~I :: ~ one
S:~. '" !l ::02>
~
. OJ
~ f
~~ Of' i:ca
, 0 !l >il
J ~ .... Q) [OnI
n i ~ c::~
~ ~ ~
i cnij
cp " mm
9-
. ~, ,< ~ i
g .
~ .. i L3 J f ~
l .,
~ n 'I ~
5' [
~ Ii g !l en
i1 . ", ::c
. l .. "
:0 ." ~ . f I
5' . ! = i m
~ n
!l . m
. :!. ~ i "Q \J~ II I -I
l! ." ill ~ ..
!I. 5 1 0 ~~ If
!l . . J
~. !l .
!l ~ f
. e ..
l! i ~ .
. . ~
~ .
:! l!. .
n . . "
!. 0 ~ "
ii E. 9-
~ '!' .
~ i1 ~ " ..
,.
a B: . "
.. !l
!i !l ~
,It ..
. . :;i
.et " ~
. c,.-' '.);' !l
n .. C> ()~
0 So -, <
.. 3: ,fl .
~ lD ::r
s: '-Ii ...
:r ;;
""'-< n
0
c:r g
"""<:
WALTER D. MORGAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
vs.
OF CUMBERLAND COUNTY, PENNSYLVANIA
RHONDA N. MORGAN,
Defendant
NO. 98 - 4;)JJ)~
CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
YOU HAVE BEEN,SUED IN COURT. If you wish to defend a9ainst the claims set
f"'h " 'h. f,JJ..", P'pO", '" ",' 'PpO" " 'h, h""" "h"'J., h"",. If
you fail to do so, the case may proceed against yoU and a FINAL Order may be entered
.""" '" """" 'h, ',J',f ''''',',' " 'h, """". I, P"'i"I", '" '"
be evicted from your residence and lose other important rights.
. A hearing on the matter is scheduled for the 3\~ day Of~, 1998, at
g:. "ilk.,.. " C""'"" ". ~ 'f 'h, C"b"J", C"'" C""h'",. C"J'".,
PennsYlvania.
NOTICE OF HEARING AND ORDER
y" "UST ,b" 'h, ant., 'h" " "",h'd "'iJ " " ""f,., " '.no'"", b,
'ho "'" 'f'" """ '" h""". If '" ""bo, 'h', O'd", 'ho pOl'co '"
arrest you. Violation of this Order may subject you to a Charge of indirect
,""," """P' 'h"h " P""h,bl. b, , f", ,f 'P " ",000.00 "'/" 'P " '"
months in jail under 23 Pa.c.s. g6114. Violation may a1s9 subject yOU to
prosecution and criminal penalties under the PennsYlvania Crimes Code. Under
federal law, 18 U.S.C. g2265, this Order is enforceable anywhere in the United
S'"", "'b,1 "'d', U.S. T""""" ,,' 'h, C""""'I'h 'f p"", "". If '"
""'J """. ,f 'h, ",', ,,' """f"'ll, ""," 'hf, O'd'" '" "V b, ',bj",
" f""" 1 "'0;",1 ""''''','' "do, 'h, V" l"co Ago, '" "'" A", fB U. ,. 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 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
T'L'PHON' TN' OFFIC, "1 FORTH B'LO, TO Fl'O our '"'" YOU CA, G'T L'GAL "'LP. IF
YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
Th, C"" 'f C""" PJ", 'F C"""I,,, C",'V " ",'f,., bV 1" " '''pl,
Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individua
b'",." b'f", 'h. "0", pl",. ",'," '" 'fff". All """""', to
" I,.., 72 h"" "'0, " 00, h,,,,,, 0, boo',,,, b,f,,, 'h. "'''. y" .,,,
attend the scheduled conference or hearing.
L;-..
and the minor child, Christopher W. Morgan moved to avoid abuse,
which is not owned or leased by the defendant, and any other
residence the plaintiff may establish, except for the limited
purpose of transferrin',custody of the parties' children. The
defendant shall remain ~n her vehicle at all times during the
transfer of custody. ,
\ '
~ 4. Except for such cohtact
permitted under Paragraph ~ of
contact Plaintiff by telePh~e
through third persons.
~ 5. Pending the outcome of the final hearing in this matter.
Plaintiff is awarded temporar~ustOdY of the following minor
child/ren: Christopher W. Mor an, DOB 7/26/90 and Ryan L.
Morgan, DOB 6/20/95.
Until the final hearing, all contact between Defendant and the
child/ren shall be limited to th~ following:
,
II
a. Partial physical custody\of the minor children on
alternating weekends beginnin,g on Friday, July 31, 1998, at
5:00 p.m. until Sunday, August 2, 1998, at 6:00 p.m. and so
on, alternating.
with the minor child/ren as may be
this Order, Defendant shall not
or by any other means, including
:
I,
b. Weekly telephone contact with the children at times
agreed upon by the parties. ~
'I
The local law enforcement agency in \he jurisdiction where the
child/ren are located shall ensure that the child/ren are placed
in the care and control of the Plain iff in accordance with the
terms of this Order.
06. Defendant shall immediately relinquish the fallowing
weapons to the Slleriff's Office or a ,esignated local law
enforcement agency for the delivery t the Sheriff's Office:
Defendant is prohibited from possessi e' transferring or
acquiring any other weapons for the du ation of this Order.
~ 7. The following additional relief is granted:
The Cumberland County Sheriff's De artment shall attempt to
make service at plaintif~ s request and without pre-payment of
fees, 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 Sheriff for service. The
Prothonotary shall not send a copy of this Order to Defendant by
mai 1.
This Order shall remain in effect until modified or
'terminated by the Court and can be extended beyond its original
expiration date if the Court finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued 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 P1aintif~ s relatives
and/or the minor children
~ 8. A certified copy of this Order shall be provided to the
pOlice department where Plaintiff resides and any other agency
specified hereafter: New Cumberland and West Shore Regional
Police Departments.
o 9. THIS ORDER SUPERSEDES__O ANY PRIOR PFA ORDER AND__O ANY
PRIOR ORDER RELATING TO CHILD CUSTODY
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE
AND HEARING.
NOTICE TO 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
in jail. 23 Pa.C.S. 96114. 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. 96113.
Defendant is further notified that violation of this Order may
sUbject 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. 99 2261-2262.
Any protection order granted by a court may be considered i~ an~
subsequent proceedings, including child custody proceedings,
under title 23 (Domestic Relations) of the Pennsylvania "
Consolidated Statutes. '
..,,'"':,,","~,~
(e) He is married.
(f) Plaintiff currently resides with the fOllowing persons:
Name
Relationship
Nancy Morgan
Mother
(g) Defendant, the mother of the children is, Rhonda N.
Morgan, currently residing in Cumberland County, Pennsylvania, to
the best of the Plaintiff's knowledge.
(h) She is married.
(i) The Plaintiff does not know with whom the Defendant
resides.
(jJ Plaintiff has not previously participated in any
litigation concerning custody of the above mentioned children in
this or any other Court.
(k) Plaintiff has no knowledge of any custody proceedings
concerning their children pending before a court in this or any
other jurisdiction.
(1) Plaintiff does not know any person not a party to this
action who has physical custody of the children or claims to have
custody or visitation rights with respect to the children.
(m) The best interests and permanent welfare of the minor
children will be met if custody is temporarily granted to
Plaintiff pending a hearing in this matter for reasons including:
(1) Plaintiff is a responsible parent who has
provided for the emotional and physical needs of the
children since their births, and who can best take care
of the minor children,
(2) Defendant has shown by her abuse of Plaintiff
that she is not an appropriate role model for the minor
children.
(3) Defendant's behavior has adversely affected the
children.
(4) Defendant has forcibly removed the minor child,
Ryan L. Morgan from the plaintiff in that she:
Took the minor child, Ryan L. Morgan on JUly 19,
1998, refusing to allow the plaintiff any phone or
physical contact with the child and threatened to
~~'-p ..~
"-"~
stalking Plaintiff and/ol' minor children in any place where
Plaintiff may be found.
B. Evict/exclude Defenrlnnt from Plaintiff's residence and
prohibit Defendant from attempting to enter any temporary or
permanent residence of the Plaintiff.
C. Award Plaintiff temporary custody of the minor children and
place the following restrictions or contact between Defendant and
children:
a. Partial physical custody of the minor children on
alternating weekends beginning on Friday, July 31, 1998, at
5:00 p.m. until Sunday, August 2, 1998, at 6:00 p.m. and so
on, alternating.
b. Weekly telephone contact with the children at times
agreed upon by the parties.
D. 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 Plaintiff's school, business, or place
of employment, except as the Court may find necessary with
respect to part i al custody wi th the mi nor chi 1 dren.
E. Prohibit Defendant from having any contac~ with Plaintiff's
relatives and Plaintiff's children listed in this Petition,
except as the court may find necessary with respect to partial
custody with the minor children.
F. Order Defendant to pay the costs of this action, including
filing fees, service fees, and surcharge of $25.00.
G. Order Defendant to pay $250.00 to reimburse one of Legal
Servcies, Inc's funding sources for the cost of litigation in
thi sease.
H. Order the following additional relief, not listed above:
a. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
b. Defendant is to refrain from harassing Plaintif~ s
relatives and/or the minor children.
I. Grant such other relief as the court deems appropriate.
Order the police or other law enforcement agency to serve the
Defendant with a copy of this Petition, any Order issued, and the
(") ..0 0
l::': 0:3 -n
-~ '- :-l!
:::.-
-On.i r=
n"lrl', i{j:D
r-
7?-n CJ ~nrT1
;'2[: -.! ()o
~~~;:: 09
.-1 r"
r:.c; -oJ "r. '
t:~j t-) ::n
-" -"~)
~y (::.) 11
-' ~;; ...:.,
l>
::;1 ::0
-<: (T\ -<
'..L "
!.\'.'
(;1
~_..
L. 1)1 CJ r;;.::(J::.:......~'-1 J._~'l..l.:~
",:h
~ ; ,
" ". " . \ ','; ;'..'f):(.j.1. ,j(;!
i:.,'
.Ln',,' .
,~::;( y :.::;,
:"1:'
.'
....
".'.
~. ", ,
,1,......
f;iJ r;l(,?C! d~-~:;; ..-:,:',:5 ;'.';"
"
;i v::' "":;1 ~::' u:: ;j :: 1 I;'
'-'"
I';
";,
.:: c, r' i;" 1'''~~. 1) f- ! 1 ;,--
th",:- :';;:DI~~I.I,~lL._.tJiJ/; .'\D~,I .;:.~::_
f\ n I) \~j.~~.Il~2.~L!__~J.l;:J; r.:~,~>.r: t, f~..:(_L_ i.\:)J:.t ~~;"}'
. UI.\....~C...::.~:..
__.i,\..;;:','
Q!}J~~lL____..__.
! ,) C2.L~_"~ E ri.~':.L;.;:.__.
:.j,,';
:;:l-,? """:.4
r;
'";,
-.-, ----.._._._,..__._---"-_.._---~_.-._-
i'iClj:G/1 H h H~!;'l_~fl_..::L
P J ~~g;_G..6.Bl~_ ~} E E V I I~"~:._..:.\,L,.~:~;~,L ~_2..;~~iJJ._"_~~.~.L~... ~.S:..t::.::'_,L.~~:_ :.__.~__.._,.____~___~________
UN
'7/ 24 /<):~':"_~_~_
- ---- - -"'---~~ ---------
Sheriff's C0~ts;
Dockc,'t.incl
:=;s' I" v lC~';:' -
Aii 1;j:] V J. t
;:;Uf"Cn:JTi';'i":'
.l E,.
tTi';':
~/{~
..:.- I, ~ _, .1..., ,_'.l.~.....--.I.. I
llJ
~y:!
'::".
. -{
,- ,
':~ (',ei
S\fOrn and ;;::,l;t,;~.:~.r.1.::.,(.'
d. 7 ~
, -- da y
- "----.-- -
13___ 'i'L_ A, :',
cf
._ 1_':1 i.:' c.t ':J.C;~
~-----_.-
'1'"."
thi3
~~",g:; !1~i.<i~B
,t ,_, . '....'JI'...'.'..'-'- .'
WALTER D. MORGAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
RHDNDA N. MORGAN,
NO. 96 - /.fdb~
CIVIL TERM
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
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 may
be evicted from your residence and lose other important rights.
, A hearing on the matter is scheduled for the ~ day of :\LlJl~ , 1998, at
'6'~o......m" in Courtroom No. L of the Cumberland County Cour~arlisle,
Pennsylvania.
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. ~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 Against 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 HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A
LAWYER FOR YOU. IF YOU 00 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 ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)249-3166
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals haVing
business before the court, please contact our office. A 11 arrangements mustbEi made,
at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
AMERICANS WITH DISABILITIES ACT OF 1990
,,-'C;
I":
".,;..j
TEMPORARY PROTECTION ~ROM ABUSE ORDER
Defendant's Name: Rhonda N. Morgan
Defendant's Date of Birth: 7/21/69
Defendant's Social Security Number: Unknown
Names of all Protected Persons, including Plaintiff and minor
child/ren: Walter D. Morgan
AND NOW, this d6.d day of \11111;-, 1998, upon consideration
of the attached Petition for Prot~ from Abuse, the court
hereby enters the following Temporary Order:
~ 1. Defendant shall not abuse, harass, st~lk or threaten any
of the above persons in any place where they might be found.
~ 2. Defendant is evicted and excluded from the residence at
the plaintiff's residence located at 221 North Seventh Street,
New Cumberland, Cumberland County, Pennsylvania, a residence
which is leased solely by the plaintiff, which is not owned or
leased by the defendant, and any other residence the plaintiff
may establish, except for the limited purpose of transferring
custody of the parties' children. The defendant shall remain in
his vehicle at all times during the transfer of custody.
Plaintiff is granted exclusive possession of the residence.
Defendant shall have no right or privilege to enter or be present
on the premises.
1m 3. Exc,ept for such contact with the minor child/ren as
permitted under Paragraph 5 of this Order, Defendant is
prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited, to any contact at
Plaintiff's school, business, or place of employment.
is specifically ordered to stay away from the following 1
for the duration of this Order: 2116 North Sixth Street,
Harrisburg, Dauphin County, Pennsylvania, to which the p
"
,
CORRECTION!
and the milloI' ch.ld, Chr,stol1hpr W. Morgan moved to avo,d abuse,
which is not owoerl or lPilSpd by th" rlpf"ndan!., and any othe,-
residence the plaIntiff may pstllblish, pxr.ppt for the limited
pUl'posP. of transfer-ring Cllstody of th'1 partll?S' "hild,'en. The
defendant shall ,-emain in ne" vehicl" at all times dl,,-iog tllP.
t ransfe-r of custorly,
181 4. Except for such contact with the minor child/ren as may he
permitted under Paragl'aph 5 of this Order, Defendant shall not
contact Plaintiff hy telephone or hy any othel' means, including
through third persons.
18I"c.'s.. prdjnqlthRaOLlt"ome O.i, thf\,f~'ni'll htiarjr~ i{Cth'S miltter.~ kl"
Il"~ iUl)...."'.. 1"t'....Qv~e.fI:iClCh\f :t"."",- ~",c. &.\ lV" ors Crc(c.~C d
PL ,I. f is aw<J..[ cLt.emr I'll r_~.r,JJs dy 0 r he 0 I OWl n ' of,
child/1'8n: Chl'istopher W. MOl'gat;':-'i)(iIT"772oT9"O-nnjLB.lt._-. 'rt.... /iJf.
Morgan, DOB 6/20/95 _ _-----;) cJ r ~ i
-_.-.---~
Un t i 1 the fin a I he a ,- i n g, all, cant ,; G t' he 'I we P. n De fen d ant il n d t h r~
child/,-en shall he limi,Led fa the following:
n. part.La-l....r>'hy~;c:~1 cLlstody of the m-inor Ghilrfr'cn C'n
'111'~rl1at'ing Wep.k,,,,d,~; heginl'iog on Fri,jilY, ,lu1y :>.1,19'11\, at
.5~O~O p.m. until Sunrlny, ,^ugust :?, 1998, at 6:00 r.r\'l. nnn so
(-'on. altel'natiog.
___D, Weekly telepllone contact wi1h the ctli1dren 'II' t'imes
ag reE'illJpoIl-hy t tn,-prrrH-es.
~
Tl-ro 1 Ai_,_, 1 1 a\'.' Qrl f=L_.ilil~I1C<.LLrLt!J.e..-4ur::i.sd+G~+on wher-€--4 he
C~lFel1"8r'E!-'-10cated shall ensure that the ch-ild/ren 8Fe_p"18ced
illJb,e.--C<lr-e--tlOd-cnnTrol of the Pla-intif'f' ,ri-accoi'dance 'liinll-ihe
terms qL_th_i.L9.LQ..er-,
o O. Defendant ~,ha1; j:'l,med'Rt';."y r.~~linqLl;sh the foli(wJ;ng
weapons to the S~1et.iffl...~ Office 0f. :1 dp.signaterl lOCRl lFiW
enfor"cerner-,t agency f,.\~' t.~)e d~l-:ver'y to th(! Sr1flr-;ffls Office.:
Defendant is p,-ohibit.e,j (r':,m p"~sessil1g, tr-ansf,=,',-ing or-
acquil-ing rtny other \'Jt.~Flrllln5 fo'. t"he duratiof1 )f t!1is Or-der.
E8I 7. The following additional rel'ief is 9ra'1te<1:
The Currbe,-land COIJn1y Sheriff's Department shall attempt to
make service at plaintiff s request and without pl'e-payment of
fees, but sel'vicp. m"y be I1f:Complislled under any iJppl iCflble Rulp.
of Civil Procedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheri ff for service. The
Prothonotary shall not send a copy of thi s Order to Defendant by
mai 1.
This Order shall remain in effect until modified or
terminated by the Court and can be extended beyond its 'original
expiration date if the Court finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued 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 Plaintiff's relatives
and/or the minor chi 1 dren
1m 8. A certi fi ed copy of thi s Order shall be provided to the
po 1 ice department where P 1 ai nt i ff res i des and any ot her agency
specified hereafter: New Cumberland and West Shore Regional
Po 1 ice Department s .
o 9. THIS ORDER SUPERSEDES_O ANY PRIOR PFA ORDER AND_O ANY
PRIOR ORDER RELATING TO CHILD CUSTODY
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE
AND HEARING.
NOTICE TO DEFENDANT
Defo.ndant is hereby notified that violation of this Order
may result in arrest for indi rect criminal contempt, which is
punishable by a fine of up to $1,000.00 and/or up to six months
in jail. 23 Pa.C.S. 961111. Consent of the Plaintiff to
Defendant's return to the residence shall not inval idate this
Order, which can only be changed or modified through the filing
of appropriate court papers for that purpose. 23 Pa.C.S. 136113.
Defendant is further notified that violation of this Order may
subject 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. 1313 2261-2262.
Any protection order granted by a court may be considered in any
subsequent proceedings, including child custody proceedings,
under title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes.
8. Plaintiff and Defendant are the parents of the following
minor children:
Name(s)
Me( s)
Address
Christopher W. 7 years old
Morgan
2116 North Sixth St.
Harrisburg, P,A
Ryan L.
Morgan
3 years old
Unknown
9. The following information is provided in support of
Plaintiff's request for an Order of child custody:
(a) The minor child, Christopher W. Morgan was adopted by
the plaintiff and defendant and the minor child, Ryan L. Morgan
was not born out of wedlock.
(b) The minor child, Christopher W. Morgan is presently in
the custody of the Plaintiff, Walter D. Morgan, who temporarily
resides at 2116 North Sixth Street, Harrisburg, Dauphin County,
Pennsylvania. The minor child, Ryan L. Morgan is presently in
the custody of the Defendant, Rhonda N. Morgan, whose residence
is not known by the plaintiff.
(c) Since their births the children have resided with the
following persons and at the following addresses:
Child's name
Person(s) child
1 ived with
Address, unless
confidential
When
Christopher
W. Morgan
Walter ,~ Rhonda
Morgan
1504 Market St.
Camp Hill, PA
7/26/90
to 7/97
Christopher
W. Morgan
Christopher
W. Morgan
Walter, Rhonda
and Ryan Morgan
221 North 7th St.
New Cumberland, PA
7i97 to
7/19/98
7/19/98 to
Present
Walter Morgan
Nancy Morgan
2116 North 6th St.
Harrisburg, PA
Ryan L.
Morgan
Walter, Rhonda
and Christopher
Morgan
221 North 7th St.
New Cumberland, PA
6/20/95 to
7/19/98
Ryan L.
Morgan
Rhonda Morgan
Unknown
7/19/98 to
Present
(d) Plaintiff, the father of the children is, Walter D. '
Morgan, currently residing at 2116 North Sixth Street,
Harrisbul'g, Dauphin County, Pennsylvania.
take the child out of the state of Pennsylvania.
The Defendant is also threatening to take the minor
child, Christopher W. Morgan, from the plaintiff's
custody and take him out of the state of
Pennsylvania.
10. The following other'minor child presently live with
Plaintiff:
Name(s)
Aqe(s) Plaintiff's relationshio to children
Christopher
W. Morgan
7 years old father
11. The facts of the most recent incident of abuse are as
follows:
In or about the beginning of July 1998, the
defendant became enraged, forcefully grabbed the
plaintiff by his throat, smashed his head against a
picture frame causing a cut on the back of his head. The
defendant then physically attacked the plaintiff's sister
causing him to fear for his safety.
12. Defendant has committed the following prior acts of abuse
against Plaintiff:
a. In or about the middle of June 1998, the defendant
became enraged and punched the plaintiff in the back of his
head.
b. Since 1994, the defendant has repeatedly slapped
the plaintiff across the face, scratched his face,
attempted to choke him, locked him out of their
apartment, threatened to hit him with a frying pan and
threatened to kill him causing him to fear for his
safety.
13. The following police departments or law enforcement
agency(ies) in the area in which Plaintiff lives should be
provided with a copy of the Protection Order: New Cumberland and
West Shore Regional Police Departments.
14. There is an immediate and present danger of further abuse
from the Defendant.
WHEREFORE, PLAINTIFF REQUESTS 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 children in any place where
Plaintiff may be found.
B. Evict/exclude Defendant from Plaintiff's residence and
prohibit Defendant from attempting to enter any temporary or
permanent residence of the Plaintiff.
C. Award Plaintiff temporary custody of the minor children and
place the fOllowing restrictions or contact between Defendant and
children:
a. Partial physical custody of the minor children on
alternating weekends beginning on Friday, July 31, 1998, at
5:00 p.m. until Sunday, August 2, 1998, at 6:00 p.m. a/ld so
on, alternating.
b. Weekly telephone contact with the children at times
agreed upon by the parties.
D. 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 Plaintiff's school, business, or place
of employment, except as the Court may find necessary with
respect to partial custody with the minor children.
E. Prohibit Defendant from having any contaClt with Plaintiff's
relatives and Plaintiff's children listed in this Petition,
except as the court may find necessary with respect to partial
custody with the minor children.
F. Order Defendant to pay the costs of this action, including
filing fees, service fees, and surcharge of $25.00.
G. Order Defendant to pay $250.00 to reimburse one of Legal
Servcies, Inc's funding sources for the cost of litigation in
this case.
H. Order the following additional relief,not listed above:
a. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
b. Defendant is to refrain from harassing Plaintiff's
relatives and/or the minor children.
1. Grant such other rel ief as the court deems appropriate.
Order the pol ice or other law enforcement agency to serve the
Defendant with a copy of this Petition, any Order issued, and the
-
WALTER D. MORGAN,
Plaintiff
V.
RHONDA N. MORGAN,
Defendant
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-4264 CIVIL TERM
PROTECTION FROM ABUSE
ORDER OF COURT
consideration of the Petition for Protection From Abuse and
AND NOW, this 17th day of August, 1998, upon
Plaintiff and his counsel, Joan Carey, having appeared at the
time and place appointed for the hearing in this matter, and the
Defendant having failed to appear notwithstanding her apparent
awareness of the scheduled time and place for the hearing but
her with original process in this matter, the case is continued
also apparently without Plaintiff having sllcceeded in serving
generally to afford the Plaintiff an opportunity to seCUre
service upon the Defendant and the temporary Protection From
Abuse order entered on July 23, 1998, shall remain in full force
and effect with the additional provision that temporary custody
of the parties' children, Christopher W. Morgan, date of birth
July 26, 1990, and Ryan L. Morgan, date of birth June 20, 1995,
shall be in the Plaintiff.
A hearing will be provided at the request of either
party upon the Plaintiff's securing service Upon the Defendant.
....
~
conlCrCncc.l[G -, <,IJc ~ I -Iti ~ I ~CJ pr~1) ~'-1) l~ ':" j-< <,1 :z 1,(' VI "()
ClJ) h-, '" I he~~ af /1, I S .veld zi 2lJ 7 i/,~
ny thc Courl,
t~~ /
, ~ 1./
___ I ., /
, J, eSI~~ Jr" Judge
Joan Carey
LEGAL SERVICES, INC,
Attorney for Plaintift'
Ronda N, Morgan, Defendant
2311 Stemley Bridge Road
Talladega, AL
n'l
- ._-;-_:~'::";:':'r';:::~:.:..i':':'~";,_-
c:.:::,~.:';~_"!.f..:...'~::=~~;;' ::...~
.- ,
[,I
I
,
i i
r I
l'
'-
'co
n
';1
:>,
:l:~.:
:.n
"jl
-1',;'-;
: ;~~
, '
, ~.~)
:,~{
,.l,
:7~
;.J
-<.
'..
C')
(', . -
. ~ ~ l' ~
:,J (': I
i..."~:, "
0--,'
::;1'
--.(
~
, J
,j
\)-....
'~
j
r--.
""-
""\'
'. ;,' ';, j
I I';, .'. ",
" ~ \'-, ,
I,"" ,
..,
, ;_:"
. .: , ~ . " ,
IE> 3, Except as provided in Paragraph 5 of this Order, Defendant is prohibited from
having ANY CONTACT with the Plaintifl' at any location, including, but nol limited to, any
contact at tbe Plaintifl's place of employment.
IE> 4, Except as provided in Paragraph 5 of this Order, Defendant shall not contact the
Plaintilrby telephone or by any other means, including third parties.
IE> 5, Custody of the minor children, Christopher W. Morgan and Ryan L. Morgan, shall
be as tollows: Plaintill: the father, shall have primary physical and legal custody awarded to him;
and Detcndant, the mother, shall have supervised visitation when she is in Pennsylvania, and she
shall not remove the children from Pennsylvania, See attached Custody Order
o 6, Defendant shall immediately turn over to the Sheriffs Ollice, or to a local law
enforcement agency for delivery to the Sheriff's Ollice, the following weapons used or threatened
to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren:
o 7, Defendant is prohibited from possessing, transferring or acquiring any other
weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6
of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further
Order of Court,
IE> 8.
The following additional relief is granted as authorized by *6108 of this Act:
Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of the plaintiff and/or address, telephone number, or any other
demographic information about the plaintiff and/or child/ren except by further Order of
Court.
This Order shall remain in ell'ect until modified or terminated by the Court and can
be extended beyond its original expiration date if the Court finds that the 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 is enjoined from damaging or destroying any property owned jointly
by the parties or owned solely by the plaintiff.
The defendant is to refrain from harassing Plaintiff's relatives or the minor
children,
The Defendant is ordered to reimburse Cumberland County, a Legal Services
funding source, $250,00 for the value of the legal services provided to Plaintiff for the
cost of litigating this case.
.'
'.
o 9, Defendant is directed 10 pay temporary support Ill(' (insen the names of Ihe
persons for whom support is to be paid) as I(lllows: (insert lIInounl, Ii'equency and other
terms and conditions of the support order) __.,._.......' This Order fl:lr support shall remain in
effect until a final support order is entered by this ('ourt, Ilowever, this Order shall lapse
automatically if the Plaintifl'does not tile a complaint I()f' support with Ihe Court within filleen
(15) days of the date of this Order, The amounl of this tcmporary order docs not necessarily
reflect Defendant's correct support ohligalion. which shall he determincd in accordance with the
guidelines at the support hearing, Any adjustnlcnls in thc linal Illllounl or support shall be
credited, retroactive to this dale. to Ihe approprialc pany
(8) 10,
The costs of this actionalc waived liS 10 the Plaintitl'and imposed on Defendant.
o II, Defendant shall pay $. to Plainlilr as compensalion for Plaintill's out-of-pocket
losses, which are as follows: .,OR
o Plaintifl' is gl'llntcd leave to presenl a petlllon. with appropriate notice to
Defendant, to (insert the name of Ihe judge or court 10 which the petition should be
presented) _ requesting recovery of oUI-ol~pocket losses, The petition shall include an
exhibit itemizing all claimed out-ol~pocket losses, copies of all bills and estimates of
repair, and an Order scheduling a hearing, No Ice shall be required by the Prothonotary's
oflice for Ihe tiling of this petition,
o
BRADY INDICATOR
12,
o I. The Plaint ill' or protected person/s is a spouse, fonner spouse, a person
who cohabitates or has cohabiled with the Delcndant, a parent of a common child, a child
of that person, or a child of the Defendant.
o 2, This Order is being entered aileI' a hearing of which the Defendant received
actual notice and had an opportunity to be heard,
o 3, Paragraph I of this Order has heen checked to restrain the Defendant from
harassing, stalking, or threatening Plaint ill' or protected person/s,
o 4, Defendant represents a credihle threat to the physical safety of the Plaintiff
or other protected person/s OR
o The terms of this Order prohihil Delcndant Ii'om using, attempting to use, or
threatening to use physical Illl'ce against the Plaintifl' or protected person that would
reasonably be expected In Clnlse hodily injury,
lB> 13, THIS ORDER SUPERCEDES:
lB> ANY PRIOR PFA ORDER and
lB> ANY PRIOR ORDER RELATING TO CHILD CUSTODY,
129 14. A!!'prorisio'M.~ this Order shall expire in one year, on ~ v () ..... .~j I 7, 117; ~
f>C'ov.Jcd I (L,~r e ~'r~~<Jt) h>} r-cJ\.t'd 2 tIO!' 'tJ 1" ..."J,r-J
rt. ~ .v cl CJ' i L\ ") I --... ( .
I 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,
96114, VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRU.1INAL
PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS 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 ACTION, 18 U,S,C, 92265, IF YOU TRAVEL
OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY
BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT, 18 U.S,C,
992261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY
BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY"
PROVISIONS OF THE GUN CONTROL ACTION, 18 U,S,C. 9922(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 this Order occurs OR where the Defendant may be located, shall enforce this Order,
An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based
solely on probable cause, whether or not the violation is committed in the presence of the police,
23 Pa,C,S, 96113,
Subsequent to an 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 Sheriff's Department shall maintain possession of the weapons until further
Order of this Court. When the Defendant is pla~ed under arrest for violation of the 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 not required to file the
complaint. '