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HomeMy WebLinkAbout01-1739 FX " .. co 1>5 -0 Michelle Hyde, on behalf of herself and her minor children, Ira Preston-Lee Hyde, Nancy Anne Bosserman-Hyde : IN THE COURT OF COMMON : PLEAS : DAUPHIN COUNTY, : PENNSYLVANIA Plaintiff v. \ \go S :lOa \ : No. Jonathan Michael Bosserman 7lt, 01- /739 C;;J ~.-. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant NOTICE OF HEARING AND ORDEII Co = -0 = ::0 .::-:::) C' :~:. c.n ",'. ," -u -,.,::r. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the clat~::iiet fort1Mh the .. following papers, you must appear at the hearing scheduled herein. If you failtQ~o so, tON case _' ~~ may proceed against you and a FINAL Order may be entered against you grantrni the rel!!t,~~ -Tj , - requested in the Petition. In particular, you may be evicted from your residence aid lose 2:!!er~: important rights. Any protection order granted by a court may be considered in siiflsequeri:t""' proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). A hearing on the matter is scheduled for the 28th Day of March, 2001 at 10:00AM, in Courtroom 7 - FIFTH FLOOR at Dauphin County Courthouse, Front and Market Streets, Harrisburg PA 17101. 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. Under federal law, 18. U.S.C. 92265, this Order is enforceable anywhere in the United States. 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. 92262. Violation of this Order may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. In addition, if you are subject to a FINAL PROTECTION ORDER, you may be prohibited from possessing, transporting, or accepting a firearm under the 1994 Amendment to the federal Gun Control Act, 18 U.S.C. 9922(d) and (g). 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. -g~ijt}~ County Lawyer Referral Service 213 North Front Street, Harrisburg, PA 17101 (717) 232-7536 .- ''-" All parties shall meet 30 minutes prior to hearing outside of courtroom . ,- . Michelle Hyde, on behalf of herself and her minor children, Ira Preston-Lee Hyde, Nancy Anne Bosserman-Hyde : IN THE COURT OF COMMON : PLEAS : DAUPHIN COUNTY, : PENNSYLVANIA Plaintiff v. \ \9D ~ ~O() \ : No. Jonathan Michael Bosserman : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant TEMPORARY PROTECTION FROM ABUSE ORDER co :;:... i;!: -0 "'" ",,-,; Defendant's Name is: Jonathan Michael Bosserman ~ c; - c.n -'::~~ w .., to :i? c_ Q :::(' -- Defendant's Date of Birth is: July 20,1966 Name(s) of All protected persons, including Plaintiff and minor children: 1. Michelle Hyde 2. Ira Preston-Lee Hyde 3. Nancy Anne Bosserman-Hyde AND NOW, on 14th Day of March, 2001 upon consideration ofthe attached Petition for Protection 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. 2. Defendant shall be evicted and excluded from the residence at: 205 S. Market Street Apt. 4 Mechanicsburg, Pa 17055 or any other permanent or temporary residence where Plaintiff or any other person protected under this Order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. '<-:1 <::"~i "', -"~i;;:- -::::- {f" ,-<-;c-:::' ,,-- " 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, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. 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, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Pending the outcome ofthe final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. Nancy Anne Bosserman-Hyde U nti! the final hearing, all contact between Defendant and the child/ren shall be limited to the following: no contact until final hearing The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. I. he carries a pocket knife at all times Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 7. The following additional relief is granted: - Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor cbild/ren. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mechanicsburg Harrisburg ~- "C;_ ." 9. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 10. THIS ORDER APPLIES IMMEDIA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL SEPTEMBER 14, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation ofthis Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months injail. 23 Pa.C.S. g6114. 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. g6113. 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. gg2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 ofthis Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Distribution to: Prothonotary for service on Pennsylvania State Police '-';, . Dauphin County Sheriff: Serve Plaintiff Serve Defendant Police Department (Plaintiffs Residence) Police Department (Defendant's Residence) Other: --<l ..., '0" '~"! ,\ PFAD Number: KXI212622J Michelle Hyde, on behalf of herself and her minor children, Ira Preston-Lee Hyde, Nancy Anne Bosserman-Hyde Plaintiff : IN THE COURT OF COMMON : PLEAS : DAUPHIN COUNTY, : PENNSYL V ANlA v. :No.\\90 ~ 'd-OOI Jonathan Michael Bosserman Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE (J1 PETITION FOR PROTECTION FROM A:bLSE- ~f: ""'""" o )> c: ff;g ~'.~' "~~ ':,-"~ )' I. Plaintiffs name is: :'].':. ~'.'). , N <D ~ ~,-, :;;u = -< - - -.,'. . .~ -~ Michelle Hyde ~ 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself - and as Parent of minor Plaintiff(s) 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Michelle Hyde b. Ira Preston-Lee Hyde c. Nancy Anne Bosserman-Hyde 4. Plaintiffs Address is: 205 S. Market Street, Apt. 2, Mechanicsburg, Pa 17055 5. Defendant's Name is: Jonathan Michael Bosserman 6. Defendant is believed to live at the following address: 205 S. Market Street, Apt. 2 , Mechanicsburg, Pa 17055 7. Defendant's Date of Birth is: -"" ,~ , " . . L j :;f .\ . July 20, 1966 8. Defendant's Place of employment is: Pierce Phelps Inc. 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Parents of the same children Current or former sexual/intimate partner II. Plaintiff and Defendant are the parents of the following minor child/ren: a. Nancy Anne Bosserman-Hyde Age:2 years Child's address is: 205 S. Market Street, Apt. 2 , Mechanicsburg, pa 17055 12. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. Nancy Anne Bosserman-Hyde For the past 5 years, this child has lived with: Both parents 13. The following other minor child/ren presently live with Plaintiff: a. Ira Preston-Lee Hyde Age: 6 years The Plaintiff's relationship to this child is: Mother 14. The facts of the most recent incident of abuse are as follows: Around 4am my daughter had a bad dream and climbed into bed with us. I could not get comfortable so I went and fell asleep on the couch. At some point Jonathan must of put our daughter Nancy back in her bed. Jonathan then Clime to me and hit me in my head and told me that I was to sleep in the bed with him or else, so I did. Later, when the alarm went off Jomathan proceeded to remove my underwear and have sex with me even though I had said NO. I had attempted to push Jonathan off. Jonathan succeeded in forcing me to have sex with him. Jonathan has verbally threatened me and my son that if I left that he would kill me. Jonathan has told my son, Ira, that if Ira does not listen to him that he will beat his ass. Jonathan has told my children that I never wanted them and that I wish that I never had them just to hurt them and they are only 6 and 2 years old. Ira has told me that Jonathan hits him in chest with a closed fist, and slaps his mouth. Jonathan also pulls Ira's shirt so tight around his neck that Ira feels as if he is being choked. I have contacted the YWCA, been checked at HBG. " d ~ '! Hospital, and reported everything to the police. '15. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor child/ren: a. he carries a pocket knife at all times 16. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Mechanicsburg Harrisburg 17. There is an immediate and present danger of further abuse from the Defendant. 18. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 205 S. Market Street Apt. 4 Mechanicsburg, Pa 17055 Rented By:Michelle Hyde 19. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: no contact until fmal hearing 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 Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. f. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. g. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the . ~~~ "" designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. VERIFICATION I verify that I am the petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the Penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities 74:Jdt kI~ Signature . ~~ I~I 200/ Date Petition Prepared by: Victim Advocate, SB Agency: Victim Witness Assistance Program Jane E. Meyer, Esquire E-mail: jmeyer@dauphinc.org LawQerk Holly A. Williard Jwlidal Assl.- Jane E. Crawford, RMR (717) 255-2826 Court Reporter TO: FROM: RE: DATE: . ,- , --~ , " d COURT OF COMMON PLEAS Twelfth Judicial District Dauphin County Court House F_&MBrlcelStteels Harrisburg, Pennsylvania 17101 Te1q>hone: (717) 255-2813 Fax: (717)255-2996 E-mail: jturgeon@daupbinc.org QJ;be J}OnOflllllt .Jublle .Jellnnine QJ;ufllfOn MEMORANDUM VWAP Jeannine Turgeon, Judge Hyde v Bosserman 1190 S 2001 20 March 2001 This file must be transferred to Cumberland County. Neither party resides in Dauphin County. Please handle. .-. ~-- I ___J,__ '--.1 ,-, ;..,; Turgeon, Jeannine - To: Subject: Guida, Hessie RE: PFA Petition Interesting. I'll review the peition again. Yes refer it to Cumbo Co C&Y. thanks. jt ----Original Message----- From: Guida, Hessie Sent: Monday, March 19, 200111:56 AM To: Turgeon, Jeannine SUbject: PFA Petition Dear Jud ...... , Regard ~H de v. Bosserman all of the pa es involved resl e In ec ames urg. We will not be able to assess the situation since that is out of our jurisdiction. Do you want it to be referred to Cumberland County Children and Youth? I'm not sure why the petition was even issued in Dauphin County because not only do they live in Mechaniesburg, the incident occurred there as well. Let me know what you want me to do if anything. Thanks, Hessie Guida C&Y 1 ..,~'" " _ h.. I. " J~___"-"'EJ_ i " OFFICE OF PROTHONOTARY Stephen E. Farina Prothonotary Front & Market Streets Harrisburg, Pa. 17101 (717) 255-2698 Dauphin County March 22, 2001 " Curtis R. Long, Prothonotary Cumberland County Courthouse 1 Court House Square Carlisle, PA 17013 ~ Re: MICHELLE HYDE vs. JONATIIAN MICHAEL BOSSERMAN Dauphin County Docket No. 1180 S 2001 Cumberland County Docket No. (''''1- 17 '),t:j Dear Sir/Madam: By Order of 3-21-01 by the Hon. Jeanne Turgeon, Judge, the above matter has been transferred to the Court of Common Pleas of Cumberland County. I am, accordingly, sending 'originals of all the papers herewith. I will appreciate the return attached receipt addressed to the attention Mrs. Kay S. Wentzel. the , i \ Very truly yo rs\1' . , ~'1',0 cL. -r]OJ<.v;t4) ~~~ E. F 'rina Prothonotary SEF: ksw c_ LUUl'i 1 r Ll V lL ACTION SUITS 2001 ' O~-rl37 ~l~ v U.A.Ut'hll"i PrilHell l1y: IMR Lirnil~d - Form ~<J7 EOOOlfil12 -' 2001-5 1/ tf{) Plaintiff: Entry By Summons ( Complaint ( ) Petition ( ....-,-- Appeal ( ) Custody ( ) Assumpsit ( ) Divorce ( ) Mortgage Foreclosure ( ) Change of Name ( ) Ejectment ( ) Quiet TitIe ( ) App!. of Viewers ( ) Replevin ( ) Declaration of Taking ( ) Fonna Pauperis ( ...-( Mental Health ( ) Protective Order ( i..---1" District Justice ( ) Date of Entry L(YJ(L.,it:LL.L6-J 0206/ Writ of Execution Issued: Appearance For: Defendant: . Vcs. ~------~ ~. ----- ~ . m~~6-1_C:d_~_~ r~ O-b.U:IN r - .. - - --~b Upon ro',;}C\'/ of-tho potit-ioo;--#le-Gotirt r.'n';'''I~ 1:1 T-:Jl"llnQ'..,'::ir1i Q..-/...'''Clf....ti:/9 Ol-r/.;:"j)" T!",iro 01"..-1(.":l( (' 81 () aJn in ull - ~'IHl.j ~::,~-i:,'-;""~',",~-:7~-=L,.~-;" _>,' OJ",'" . --'__. 'L' -',,."" ~.:,:~;'~ _ ,", I." OJ :.... ;~... C .m j -'.cc-r.",;7~i7~'---"7 .. ."..'.',. ,," I ,'. ,"...'I.} ..'."."" 1(1care"" at 1.[ ,r'f,..I(':,"'" . ,.,."..(""',.,......,._". ","','" ,-,...,,<.~.~ ,~.i ....n,..-l,:;..'........ I I \'.:..c......., . ~ -!.4M~ ,.... ..... .... ........... I". C'r.-, 'M~ne'ar:vn,rle' I,ler! ~~nr;;J:~7i;i.RpiirJ~d~~ . ,t. Ow "-'''t-' ' 'J V,~ " ,,, u. _.t1a.rch__)1_,_~90) - AS both parties reside in Cumberland County and as Plaintiff seeksi an eyict_ion---9J=Ji~r,_this matter should have been filed in Cumberland County. _Ac~~~dA~g1y~_the ~rothonotary of Dauphin County is directed to immediately transfer _ this__JiJ.e_t~_th.e Prothonotary of Cumberland County, who should forward it to the _~~tlE_t..-_d_e_sj_g!lated to hear PFA mat ters. / s/ Jeannine Turgeon, J., See Order filed. _C.oJ)ies Dis to 3/21/01- March 22, 2001 - The above action transferred to Court of Common Pleas of Cumberland County. -~'------'--------'-'<l\-- , 3-:2.2-01 I hereby certify that the foregoing .!:; a Date/Amount Date/Amount 1-'iI i!l~', Fl~C ____i~.!.~J, Appe,IE:-ncc- Sheriffs Costs Adm. Fee - Divorce Di-';continuance Adm. Fee - Custody App'!. of Master Cash Bond. Praecipe for Argt. Cer!. of Readiness Escrow Funds Rule of Reference : ': 9 () l_J'. L 1, I j' ~- ^I > , . . MICHELLE HYDE, ON BEHALF OF : IN THE COURT OF COMMON PLEAS HERSELF AND HER MINOR CHILDREN: DAUPHIN COUNTY, PENNSYL V ANlA IRA PRESTON-LEE HYDE AND NANCY: ANNE BOSSERMAN-HYDE V. f~ Dj- /739 c : PROTECTION FROM ABUSE__:? n~ ::: JONATHAN MICHAEL BOSSERMAN - ':~~ ~~_? : NO. 1190 S 2001 ,,;, "I >,,,1,, , Ii.;, ="" -0 ~ '"I1 ,....., ~:) Cl :~" - .-", w ..... -> ..", """ '. ,"",-:', . .~ -~ g AND NOW, this 21 st day of March, 2001, as both parties reside in Cumberland County and as plaintiff seeks an eviction order, this matter should have been filed in Cumberland County. Accordingly, the Prothonotary of Dauphin County is directed to immediately transfer this file to the Prothonotary of Cumberland County, who should forward it to the Court designated to hear PF A matters. BY THE COURT: Distribution: Prothonotary (for service on PSP) Dauphin County Sheriff: serve Plaintiff, Defendant, Police Department for both plaintiff and defendant vl)t\fJ ~ , -., "'^' ,~ Ili MICHELLE HYDE, ON BEHALF OF : IN THE COURT OF COMMON PLEAS OF HERSELF AND HER MINOR : CUMBERLAND COUNTY, PENNSYLVANIA CHILDREN IRA PRESTON-LEE HYDE : AND NANCY ANNE BOSSERMAN- HYDE, PLAINTIFFS V. JONATHAN MICHAEL BOSSERMAN, DEFENDANT : 01-1739 CIVIL TERM ORDER OF COURT AND NOW, this -:h day of November, 2001, a hearing on the within protection from abuse petition shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 1 :30 p.m., Friday, December 14, 2001. By the (!~Jf7;JJ I;;l..rj-O I ' vXs Joan Carey, Esquire Legal Services Michelle Hyde 205 S. Market Street Apt. 4 Mechanicsburg, PA 17055 Jonathan Michael Bosserman 490 South St. Johns Church Road Camp Hill, PA 17011 :saa nllI'H "MI (ililt ",.,. _,Ul!!!. .iliilii.-'. "'~~lifiWh~,,\..t#--"l_IIilL<k:<<<lll~,@~,F&'~~_II{ - - . '-"~ ~,," ," -'~-~ ~_ ~, _~ _ . n. ~'" , ~ "' "'~---~. VlN\fI\lASI\!N3d , I NlnrV', rr,''fl'J:IPJ:Nn,J ^;~: \\.,1.._ '------' ,'! .,__,', "- t1l :q }"'.I." ,(., '!.~ '-- __~ ,n ?~ "" ~ ~- " , :": (~ "'U. I I, s.~ .jj, \ t.J ~/'l - -"""""', ~if ~ .n' ,., ~'."'.~ 'J____ .".-- , '" .', -,,~_. -1,> djj MICHELLE HYDE, ON BEHALF OF : IN THE COURT OF COMMON PLEAS OF HERSELF AND HER MINOR : CUMBERLAND COUNTY, PENNSYLVANIA CHILDREN IRA PRESTON-LEE HYDE : AND NANCY ANNE BOSSERMAN- HYDE, PLAINTIFFS V. JONATHAN MICHAEL BOSSERMAN, DEFENDANT : 01-1739 CIVIL TERM ORDER OF COURT AND NOW, this 111 day of December, 2001, upon agreement of the parties, the hearing on the within protection from abuse petition scheduled this date is continued until Thursday, December 27,2001, at 8:45 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. The temporary order shall remain in full force and effect. Philip C. Briganti, Esquire Legal Services . .~ \ Michelle Hyde /l~.Jf)cu.L...ol ~~~.~. Market Street L/2-17-()j' ~~5 Mechanicsburg, PA 17055 Jonathan Michael Bosserman 490 South S1. Johns Church Road Camp Hill, PA 17011 :saa 1~_.""""""''''-~I~IiifM~fii,;iiil~ill'''iH(-\,,'-'II'.ll1,\{""Wi.'l*liil,h~illiHlU''''-"'^~~ ~_^ ~~~. ~.. ,m m~".~~_ ,. .__~ . . ~ ,,~,-, . --~ ~ <~,~ ~ "~j . ~Ilil'" '': t~' "1 \ \)'J ~(, ij.l - . ~.ItilIl!iJli ~.......~.- i ~j ,:,L' .l '>,' I j-Ll(il~i!" MICHELLE HYDE, ON BEHALF OF : IN THE COURT OF COMMON PLEAS OF HERSELF AND HER MINOR : CUMBERLAND COUNTY, PENNSYLVANIA CHILDREN IRA PRESTON-LEE HYDE: AND NANCY ANNE BOSSERMAN- HYDE, Plaintiff vs. : NO. 01-1739 CIVIL TERM JONATHAN MICHAEL BOSSERMAN, : Defendant : PROTECTION FROM ABUSE AND CUSTODY FINAL PROTECTION ORDER Defendant's Name: Jonathan Michael Bosserman Defendant's Date of Birth: July 20, 1966 Names of Protected Persons: 1. Michelle Hyde 2. Ira Preston-Lee Hyde 3. Nancy Anne BossermancHyde AND NOW, this 27th day of December, 2001, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Michelle Hyde, is represented by Joan Carey of MidPenn Legal Services; Defendant, Jonathan Michael Bosserman, is unrepresented, but has been advised of his right to retain counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiffs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. ;, - ~ '. > " ",'I ~ ','r ,_ '~'1;- I 2. Defendant is completely evicted and excluded from the residence at 300 State Street Apt 1, West Fairview, Pennsylvania or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. 3. Except as provided in 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 Plaintiffs current residence, and any other residence she may, in the future, establish for herself, her school, business, and/or place of employment or the school and/or day care facility of the minor children. 4. Except as provided in Paragraph 5 ofthis Order, Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. 5. Custody \lethe minor child, Nancy Anne Bosserman-Hyde, shall be as follows: Plaintiff, Michelle Hyde, shall have primary physical and legal custody, and Defendant, Jonathan Michael Bosserman, shall have the right to supervised visitation at agreed upon times. Visitation shall be supervised by Cumberland County Children and Youth Services and/or Parentworks. See attached Custody Order. 6. The following additional relief is granted as authorized by ~6108 of this Act: 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 an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or the minor children. 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 Plaintiffs relatives or the minor children. Non-harilssing telephone contact between Defendant and Plaintiff regarding the children's needs shall not be deemed a violation of this Order. 7. The costs of this action ilre waived. - ~-- . l ' ~ -_'_,. ';n~~ "I~ -,~ '" ), '.. , " ,., "", c - J , ,~ilJ._ 8. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER and ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 9. All provisions ofthis Order shall remain in effect for 9 months from the date this Final Protection Order is entered. NOTICE TO THE DEFENDANT Violation of this Order may result in your arrest on the charge of Indirect Criminal Contempt which is punishable by a fine of up to $1,000 and/or a jail sentence of up to six months. 23 Pa.C.S. ~6114. Violation may also subject you to prosec.ution and criminal 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 Act, 18 U .S.C.~2265. 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.~~ 2261-2262. 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 Act, 18 U.S.C.~922(g), for possession, transport or receipt of firearms or ammunition. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiffs residence OR any location where a violiltion of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without wilrrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S.~6113. 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 Sheriffs Department Shilll maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, 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 Plaintiff, Plaintiffs presence and signilture are not required to file the complaint. " ,- I ,~ .;,,""" "':r;, If sufficient grounds for violation of this Order are alleged, Defendant Shilll be arraigned, bond set and both pilrties given notice of the date of the heilfing. ( \'-/ This Order is entered pursuant to the consent of Plaintiff and Defendant: ~ ~de, Plilintiff ~~/' Jonathan Michael Bosserman, Defendant Carey, Attorney ti MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 .~ L~~~ 1?:1'1-CJ I ~ot O~ PF~D fOR d.a..\:a. She..e..t r~O'" c.L1. ON\j fOR ba.u.p\lt ~ou..rJ~ Da.u..p hiN Co. Us t:d ~~< Jjj~_~_iitl"'Il_jl:{"n'~i""" ",.',.., <t;:~,jl;,'rljilMi'-'!W;x,"~~"''?liiffi~~~~~ 'v'INV^lASNN3d AlNnOJ ONn\:ij\jiNn:) 90:E ~~J LZ jjiJ ;0, IUl-fl'Y" N;JV. ~.,;-.'-,'I' ':,:. :\J ,U.i",., ' " .."""... .~,',. ,~ , .. ''':JDii llITUjilllillldtl\\IIlJl!l" .' -^ ~~"~!iUIi Ir "~ liIIIi. '''L ,'.. Ie" .",,-c,:;:',ij MICHELLE HYDE, ON BEHALF OF : IN THE COURT OF COMMON PLEAS OF HERSELF AND HER MINOR : CUMBERLAND COUNTY, PENNSYLVANIA CHILDREN IRA PRESTON-LEE HYDE: AND NANCY ANNE BOSSERMAN- HYDE, Plaintiff vs. : NO. 01-1739 CIVIL TERM JONATHAN MICHAEL BOSSERMAN, : Defendant : PROTECTION FROM ABUSE AND CUSTODY CUSTODY ORDER AND NOW, this 2ih day of December, 2001, the following Order is entered by consent of the parties with regilrd to custody of the parties child, Nancy Anne Bosserman-Hyde. 1. Plilintiff, Michelle Hyde, hereinafter referred to as the mother, shall have primary physical and legal custody of the child. 2. Defendant, Jonathan Michael Bosserman, hereinafter referred to as he father, sball have the right to supervised visitation ilt times agreed upon by the mother and the father. 3. The father's visitation shall be supervised by Cumberland County Children and Youth Services ilnd Parentworks. This order extends beyond the expiration of the Protection from abuse Order and remains in effect pending further Order of Court. Either party may petition the Court to modify this Orde . .~ ~~~ [\0 0\ V ,,' 'J."'IY' \ lllii~~_I~t '" '-'~-''-rt(lili~~;l>1'.!!-WI''1':~b1l:i<.:,M'"'''';i,A:~fl",,*mill!l&~-''''''' .. 'i\~!\A{:~~~1~~i(\Q ~N(l0J '-' . 'J3\1 \ C\ lO:S ~\,j LZ . \ ' __ .:'j ~o \\.l\{\i.'j'\ " '/::-'\;,i f',U"'-'n'l." ,..Ii U ::\-...<1.,)" .... . ~,_A""_' _."' .^ , m, ." ~., ~"~ ,,". M, ,.,",,-,,__ ", ,~__.~ , UAi ", "i'-~-"w "8llt_~ -~.~ ''''_0__ _ _, ' ,'~ "~"'." ~,.",,"~"'"" '<1,> ,_ __"'"_ 11II1 ~ . " 'I >,,1 ~ - , _ , 'j. ~ I lJr," This Order is entered pursuant to the consent of Plaintiff and Defendant: /lk,~d ~ Michelle Hyde, laintiff ~,-~ ~ ~ ~than Michael Bosserman, Defendant a Carey, Attorney fo MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 , " I l_ ~' I """'I'l...:~;., 12/27/01 THU 15:52 FAX 717 240 6573 CllMB CO PROTHONOTARY ~001 *************-************* on MtJLTI TN REPORT no ***$***************~i****** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2915 [ 01l9p2490779 [ 03]9p2405331 [ 04]92438026 PSP CP LS ERROR , , OFFICE OF 'mE PROI'HCN:YI'ARv CUMBERLAND COONTY CClURTHaJSE ONE CWRTHOOSE SQUARE CARLIS6E. PA. 17013-3387 (717) 240-6195 FAX (711) 240-6573 VIA TELECOPIER 10: PA STATE POLICE ~ Cr",t. PltIlU..U. FAX ": 717-249-0779 , -) ~: CURTIS R. LONG RE: PFA ORDERS MESSAGE : ~ NO. OF PAGES (INCr..uoING CXJVER SHEET) This ~ is in1l'ni:rl cnly fir tte u>c of tte :irdividal cc ~ In W1id1. :is is ..J1. 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