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HomeMy WebLinkAbout01-1933 FX ~ '. ~ , ". - ,~, '... I ~ ,-', ...- , JESSICA HACKENBERRY , PLAINTIFF : IN THE COURT OF COMMON PLEAS OF VS. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001- /923 CIVIL TERM CHAE KIM, DEFENDANT : PROTECTION FROM ABUSE 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. ~ AHEARINGON THIS MATTER IS SCHEDULED ON 1/ ,1D1,AT 3 :~~.M:,INCOURTROOMNO...3 OF HE CUMBERLAND COUNTY COUR OUSE, CARLISLE, PENNSYL VANIA. 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 fme of up to $1,000.00 and/or up to sixmonthsinjail under 23 Pa.C.S. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, this Order is enforceable 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. 9 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 fmd 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 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. 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. ~" ' ~ ~l 0, ''''-1'"5: . Jessica Ann Hockenberry Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. ~ No. () /-1'133 (l:,.zQ " ~ Chae Kim : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Chae Kim Defendant's Date of Birth is: January 20,1978 Name(s) of All protected persons, including Plaintiff and minor children: 1. Jessica Ann Hockenberry AND NOW, on 3rd Day of April, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendmt is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at my location, including b)lt not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's residence located 4808 Brian Road, Mechanicsburg, Pennsylvania. Plaintiffs place of employment located at Merck-Medko, Ritter Road, Mechancisburg, Pennsylvania. . 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted: 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 mail. 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 f"mds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates 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 shall refrain from harassing Plaintiff's relatives. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Hampden Township Police Lower Allen Township Police 6. 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. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL OCTOBER 3, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa..C.S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6113. Defendant is further notified that violation of this Order may subject 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. ~~2261- 2262. , .. ,,-j '=- '" NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by 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. If defendant violates Paragraphs I through 3 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw 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 Sheriff's 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. ~_l.... ~ Distribution to: MidPenn Legal Services ~ Faxed & Mailed to PSP Cumberland County Sheriff ~-3-0 I (l,KS '" ."- ~'-'~ ' ._e.",; ti~"-"~'~""~~~~~~IJil!~t\P,\1l>;;1&;;';;ri>~i",",,~;~H-lif!!'~~~ >-- u-; T '. ;;.~, ~ ,.... C,~ ?--: c.; ..- i~j:?'L ,_J ;f. ':']~.J ,/>- ~,. (J) -f.J :~:::: '!'.:-112 ">,,U ,,_~~: 0... :3 o '::-) , [[ .-.-,,:,1.:; 1::) "~" II ~, "." ,L ,',~~"' _ _ ~~ __=.,,__ ,~"..~, ~ ,~~~, ~~~W_~, ,~_," ~. _~ _",_ ." _ 0 ",- ~~''''''''''" ~'5i'."~ '= . '" " , "''"'" - O~ "~ L""', , PFAD Number: MN1221683T Jessica Ann Hockenberry Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. ~ No. 0/- 1'1.33 (3.;,.d ~ Chae Kim : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . Defendant PETITION FOR PROTECTION FROM ABUSE I. Plaintiffs name is: Jessica Ann Hockenberry 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Narne(s) of ALL person(s), including minor children, who seek protection from abuse. a. Jessica Ann Hockenberry 4. Plaintiff's Address is: 4808 Brian Road, Mechanicsburg, PA 17055 5. Defendant's Name is: Chae Kim 6. Defendant is believed to live at the following address: 503 Boston Courts, Mechanicsburg, P A 17055 7. Defendant's Date of Birth is: January 20, 1978 ~ " ,*=. t ". ,.. ~ ".' " " '~ . j " " .~ 8. Defendant's Place of employment is: Capitol Tuxedo Rental, 5517 Carlisle Pike, Mechanicsburg 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 11. The defendant has not been involved in a criminal court action. 12. The facts of the most recent incident of abuse are as follows: On or about March 22, 2001, Defendant left a suicide note attached to the bathroom faucet accusing Plaintiff of causing him to want to commit suicide because she left him. On or about March 21, 2001, Defendant followed Plaintiff to her bedroom, stood between the door and door jamb so Plaintiff could not shut the door,screamed in Plaintiff's face, grabbed at her shirt, and threatened if he had a gun, he would go on a shooting spree and shoot anyone who has caused him pain. 13. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor chi1d/ren, (including any threats, injuries, or incidents of stalking) are as follows: On or about March 14, 2001, Defendant punched the door with such force that he dented the wood. Fearing for her safety, Plaintiff ran to the bedroom and locked the door. Defendant picked the lock, opened the door, screamed vile names at Plaintiff, and blocked the doorway so she could not leave. On or about March 6, 2001, Defendant approached Plaintiff as she left her friend's house causing her to fear he was stalking her. When Plaintiff got into her vehicle and drove away, Defendant followed close behind her. When Plaintiff attempted to turn onto the road that led to her mother's, Defendant pulled his car around hers to block her. Plaintiff drove around Defendant, but he continued to follow her exacerbating her fear. In or about March 2001, Defendant screamed vile names at Plaintiff and on several occasions used his body to block the door so that she could not leave the residence. In or about the week of March 12 2001, Defendant turned off the light switch to the laundry room where Plaintiff was and shut the door trapping Plaintiff in the room, and when Plaintiff attempted to open the door, Defendant held it shut so " , , ,~ . I ' ~_ _ ',~ '.~, . " ", " _, '" JI1~ii!tr,f~ that she could not get out. After a short time, Defendant opened the door, held a butcher knife in his hand, and laughed at Plaintiff with a strange look on his face causing her to fear for her life. In or about the end of February/Beginning of March 2001, Defendant knocked on Plaintiffs (riend's door and walked into the residence uninvited. When Plaintiff left the residence, Defendant followed her closely in his car causing her to fear for her safety. In a separate incident during this time period, Defendant threatened to beat up Plaintiff. Since apprQximate1y January 2001, Defendant has threatened suicide on several occasions, threatened physical harm to others, and stalked Plaintiff causing her to fear for her safety. 14. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Hampden Township Police Lower Allen Township Police 15. There is an immediate and present danger offurther abuse from the Defendant. 16. 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. 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 chi1d/ren. c. Order Defendant to pay the costs of this action, including filing and service fees. d. Order the following additional relief, not listed above: Defendant shall not damage or destroy any property owned by Plaintiff. Defendant shall not harass Plaintiffs relatives. Defendant shall pay $250.00 to one of MidPenn Legal Services fu.nding sources as reimbursement for litigation in this case. e. Order the police or other law enforcement agency to serve the " , 'J"I Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: 1/,/3 !o / I oan Carey, Attorney, MID-PENN LEG 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 /Qistribution to: Mid-Penn Legal Services Fax and Mail PSP '," ,_~_ :~_, <'"C" ',_, ~ ~iiil" -'^""B- VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Dated: 3- 3>0- 0 I ., . ,. ," .) ~_.~~Nl;~~W1~i!j~~.it.j-:"il-j~Jll"I:t""~"\',"",~1f""'W~~1f'';''MgcM.;;!h~'ti,:..l'fg,o"ffi.W!i'Ii~lMW!iM1i~.YIti!ll~~~..~~~ ~ .',.'0-'. t ,.c." ."~'_' - c ^,' ",- '-""~ > '\ ~ -i', , c'> .r. " l~ n ,J tTJ;'-;-, """- Ji ~,:~ ~f~.-: ;j";r___ 5~; -_,J -< ...J', c:) C) '"T-! ::t:::::r. "::J :,::,J , <:",) :;'~, "~i . <::) ;) ;~~ ::0 -<: 1 J ,-Go, ~,,-",,- '1'_"..':"_0,; 04/03/01 TUE 11:42 FAX 717 240 6573 CUMB CO PROTHONOTARY ~001 *************************** U$ MULTI TN REPORT U$ $$$$*$*$*$$**************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2541 0119p2405331 0319p243B026 04 I 92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR ,,~ . OFFtCE OF 'mE PROI'HCJIOI'ARY CUMBERLAND COONTY aJUR'lliOOSE . ONE caJRTHaJSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VIA TELECDPIER FAX H: f'RCl"l: ..,..., LC:J'1.1 Serl1fCJ!'S .lu, q - .2..43-- '0 D 2-[, ., TO: CURTIS R. LONG HE: P FA OuJ. e. r MESSAGE: ..~ _ . ,'ff _ ~. OF PAGr;S (INCWOING COVER SHEET) This ~ is intErdirl cn1y ~ Ire \Eli: of Ire irdiv.idu:;l cr Ert:ity tD W1ich is is ..d:1...........:J, en! Iffi\' o:nlliin infi:mretiI;n ltat is p:ivil.egrl. o:nf.identia1 en:! e<aIpI:: fmn rli....l...",.u:e uti3r 'fPl icH:lle Ja,r. [f ";,., t1"E ~ of tilis ~ .is rot tiE inta'da:l I;ECipiall:. PJ ate tecebt rotifia:i ltat iiJCIf d.is~:rJlliret;im:'f d.istril:Lr1:im cr o::wir9 of this a:rrm.nici;tirn is strictly p:dlibilB:l. If}O.1 \1'lI.e r.eo2.i"ro UUS,,', ~ a:J1IlU1ir&.i.m iT; emr, plaEE ratify US iImaiiat:ely ~ 1:eIqtl:re en:! ~eI11rn tie ocigircl. ~ In u; al, . ."-_ -'-_ ...:..1..1.____ ._'_ .,,._ rw ~ ... . ~ " ,l,'. ~. -, " I-I ;..,.., ~~ I :__" _""__'. ~ h'~' ~;' ,<0 Jessica Hackenberry, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL VANIA v. : CIVIL ACTION - LAW : NO.01-1933 CIVIL TERM Chae Kim, Defendant : PROTECTION FROM ABUSE PETITION TO AMEND The plaintiff, Jessica Hackenberry, by and through her attorney, Joan Carey, of MIDPENN LEGAL SERVICES, INC. requests the following: I. A Temporary Protection From Abuse Order, in the above case was entered April 3,2001. 2. Throughout the Temporary Protection From Abuse Order and Petition, the Plaintiff's last name was misspelled as Hockenberry. 3. The correct spelling is Hackenberry. WHEREFORE, the plaintiff requests that the Temporary Protection From Abuse Order an Petition of April 3, 2001, be amended to reflect the above terms. Respectfully submitted, fuan Carey, Attorney for P LEGAL SERVICES, IN 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ,~j,Lti:f~if~~it~li~J~iliii~~'illi'iiii1~lji;!il~\,%,!f,i$~~":')"0'",_c"""i,,,,,;ril~j_~'''1:i'''il-!\,'''i'''''''!'''';;''-'''-i'___~.!~l_$~~~~~~I<<i r " ;!<<-of- " 1/-tJ 0 /~ ~~.fi fls,o.. -~. &~ <, ,,'" , >>-,'>,~~~,""=.'= n'~ ' >>< ,-",~ - ~ ~- 0 - " c '",' "'0 S~~ ;r.'J:'lI ""DCi.1 -0 -;~ n~r;: :'V z"" &~~: I . ",- ~ ~:g 'D -<--:. r.? J;2U ~,,7-' eCJ -." ..~- ~(-'\ ~~~?!':; )> ",' C Z t::- --, ::.0 -< Q") -< l ~'-. I ... . ~,! '.".,.~ 04/09/01 MON 11:03 FAX 717 240 6573 .." CliMB CO PROTHONOTARY ......... ...... 141001 *************************** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2555 [ 01l9p2405331 [ 04192490779 CENTRAL PROCESS PSP ERROR ~ OFFICE or 'IHE l'ROI'HCN)'!'ARV aJMBERLAND (.'(XJNI'Y COUR'IHaJSE ONE COORTHCXJSE 9;lUARE CARLIS~E. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VIA'tELECOPIER TO: PA STATE POLICE ~ Ce~t. f'eClu..u. FAX 1/: 717-249-0779 ") f'IlO1 : CURTIS R. LONG RE: PFA ORDERS MESSAGE: ;) .t' _ 00. OF PAGES (INCLUDING cr:NER SHEET) 'Ihi5 ~ is iutlllM ally fur tie we of tie .irdi.viciel cr ~ to Wridl is is...dh. ~. aU rrey a::ntain infi::.IITatirn ll:l'lt is p:ivilega;l. CO'If:ic:Ential an ~ iron n;q-ol"" Ire lJ1k- 'tl'H"-lp. Uw. If t:te ~ of this II V" is rot tlB inlJa"Jj;(1 ......,;piAJI:. )OJ are l1.!:I:eq{ roI;;i.f.iEd trat irrf ~bat~ "..', dist:rib.rt:.ic cr o:p,rirg of this camuUoatiro :if;; st:ric:t4'!,"Xrl1ibitEd. U)OJ l"6\.e ).'Bcivai ~" I;' OOltlUlir.rJro in elJ:tIC. pla:Hl mtify lB irmB:liat2ly ty telEt:h:rn an ~elIJm ItE a1g:irel1l '" to L6 }.~)' t:te <tt:J,.~. a:1:lt.=.o via lte [1.5. pEtal set'oic.e. 'Ita1k )OJ. . o ~ < , ,'I , "' 0--<;:'1 . , " Jessica Ann Hackenbcrry Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 01-1933 Chae Kim Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE CONTINUED TEMPORARY ORDER AND NOW, this 11th Day of April, 2001, pursuant to. 23 Pa.C.S. ~6107(c), the terms and conditions of the Temporary Order issued on 3rd Day of April, 2001, in the above-captioned case are hereby continued in full force and effect until further order of the court. A hearing on this matter is scheduled for the April 25, 2001, at 2:00PM in Courtroom 3 of the Cumberland County Courthouse, One Courthouse Square, Carlisle. Distribution To: MidPenn Legal Services Faxed & Mailed to PSP ~ ^: ~~\~ .wili~li'!!.%Ii\l~Mj&~'~",~~i!d,j"""'''''<$;j.ti';;'M'-M~''IIMlitta~~~i1I~_~1it'ii~'!t!.~<WMJ:ill'Jt\ii~ , ,'" "" ~'___'-"''''''"'',' ="~~~,"'A""',_"""," <'~,_ k" Vi:-- J\i/',~:}\S:[\j [-{3d n", ;-''''l''\!n~\ ':',~:j \1 v ~ (, . -~ , , Co ,.. _.....'"' ~- ~~~~!iL 1<' l ; ~ - . , u;: . ~:,i f JESSICA HACKENBERRY, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2001- CIVIL TERM CHAE KIM, DEFENDANT : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Jessica Hackenberry, by and through her attorney, Philip Briganti of MidPenn Legal Services, moves the Court for an Order continuing generally the hearing in the above- captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on April 3, 2001, scheduling a hearing for Apri111, 200 I, at 3 :00 p.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence, 503 Boston Courts, Mechanicsburg, Pennsylvania, on April 9, 2001. 3. The parties agree that the hearing be rescheduled to afford them time to execute a Consent Agreement in this matter. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. ---, . ~, ~.' '"' Mii-'"'''''' ( WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Prom Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Philip B ganti, Atto ey for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 -' ~', ~;;, \.,. ,,< "1 i.... '? '",~ . , .-. ~ ~ --.-=~, ." -"^ < -,- " '~~ Jessica Ann Hackenberry Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. : No. 01-1933 Chae Kim Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Chae Kim Defendant's Date of Birth is: January 20, 1978 Name(s) of All protected persons, including Plaintiff and minor children: " aCkenber~ AND NOW, thi ., r 1 J;e court having jurisdiction over the parties and the subj ct-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, !tis order will be entered without any admission ofliability by the defendaht and Without a finding of abuse by this court: Plaintiff's request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other personprptected,under this Order, at any location, including but ncttliitlitedto.any; contact at Plaintiff's school, business, or place of ~ployement. Deferidant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's residence located 4808 Brian Road, Mechanicsburg, Pennsylvania. ~~,.lBiW~~tL~!t>~,_'Jli",lJii!i;"Ltii!/n~l!oM;r",1."",%->l1l1;i1.G;\i:u;<.",l1;~~'__"L";;-_,;'"1;_"~''''Yd:l~_;liIW;i~~I!'UI.L~1 - L lil:I!lUiiil/!ilii!!iIM.~!i.!I~"" , "j I! ,I I I I I '"~ V'lNVtTIA$NNEJd l\JJ~nOO OIVv'lWSVVro BZ:e j.J~ 16 ~dV 10 Al;i\tlON'~",,;1-.II ('~! -",. -'0 ",-" '-1-..;1,';--- "~'..J! .J ; 30I:L,lQ-03i(j ''- . "~ ~ ,-, >- ~,~" "~ " ~.. "'i . Plaintiff's place of employment located at Merck-Medko, Ritter Road, Mechancisburg, Pennsylvania. 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted as authorized by 96108 of the Act: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant shall refrain from harassing Plaintiff's relatives. The court costs and fees are waived. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Hampden Township Police Lower Allen Township Police 6. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 7. All provisions of this order shall expire on: October 11, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL VANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE ~_." ~- " . ~ ~ I "'1',1 , ~ "~.. - '1di'il,;f:i;' .' 1 DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 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 THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. 9922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS Th"police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 3 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 96113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriff shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. intiff 'ff,1and If entered pursuant to the consent n n ~ ~ey Attorney for Plai tiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 ~~~ .~~.~ \;) "'- '. l",~~~J' . .1 , ,-,,". . . o Jessica Hackenberry, Plaintiff 1<--,' I , ;..: .. <~ ' l,d~ , ' ,', o : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL VANIA v. : CNIL ACTION - LAW : NO.01-1933 Chae Kim, Defendant : PROTECTION FROM ABUSE PETITION TO AMEND CNIL TERM The plaintiff, Jessica Hackenberry, by and through her attorney, Joan Carey, of MIDPENN LEGAL SERVICES, INC. requests the following: I. A Temporary Protection From Abuse Order, in the above case was entered April 3,2001. 2. Throughout the Temporary Protection Prom Abuse Order and Petition, the Plaintiff's last name was misspelled as Hockenberry. 3. The correct spelling is Hackenberry. WHEREFORE, the plaintiff requests that the Temporary Protection From Abuse Order an Petition of April 3, 2001, be amended to reflect the above terms. Respectfully submitted, Joan Carey, Attorney for P LEGAL SERVICES, IN 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ~i~" \ r{ t~:" '\1' \ ... ). ..~. ,- '."J -i ... . i' Ii !,! :, 'I'''/'' I'" I' " -,::-:!iJ~~fii<fi'ljl~j\$~1;,-\,'p.if'rd;;\~i",,,?:I"'Jii~.h,,"Wa"f!;,i;,),",hI"":;;";h,'~'~;"~'_"';',,~,, .\::i"_;4.",-"",~!U&;;.j~~~~ii!MilJi~M'Jfi\a!'Jl>'-;'~~ ttl'~~l1llltw: ~ h~",^__ ,--''',' KJ,)JI"""_,,,,-,_ - ':",,'" - .,--, ---~ '--'."~ ~;,~,,,,',""-"',--=,,--,,~,, ,~ ., N~< , ~ v ~ ~ '" r;, ~ ~...' \ f) ~ ~ "' ~ ~ ~'1 z ~ -<:. ~ "'-'" ~ ~ c;, ct-- ~" 3? '^,' \) ~ .J:::&-- ~ ~ -<:.. ~ ~ i- J) ~ ::s:: -.-. -'> ~ " ~ c; _ "'- ..,'1 ~ ~ ~-f' 'i-- ,s::-, --- ~ 0, (" r' Joo . ~-~ ,,, "] , '" "~ ': I '-, "It} 04/24/01 TUE 08:28 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 *************************** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2581 01]9p2405331 03]9p2438026 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR , , OF"F"T.CE OF 'mE PROIliQ\UI'ARY CUMBERLAND CCUNTY COUR11iOOSE OOE: a:xJRTIiOOSE SQUARE CARLISLE, Pl>.. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R m: PA STl>.TE POLICE - CellI. I'NtJce sc.. M. (J. I..S . ; FAX H: 717-249-0779 FRCM: CURTIS R. LONG RE: pFA ORDERS MESSAGE: f' 00. OF PAGES (INCLUDING COVER SHEET) This ~ is intaI'Bi ally fi:x:' tte \B) of tte irrli.vjd)al. cr Elltity to ..tW.:h is is "l1. ], aU I1HY aI1tain jnfj:mmtiro" th3t is Itivil.eJ:d, o:nf:il:le:J1;:W. c.n:l ~ fmn <li....1"" Jr;p lJ"1:E[- 'W1 ;....n1p laY. [f tI-e ~ of this II :"J" is rot t:h~ intaw1 o;cipialt, )Ql are ~ rotifisj ttat ~ disoonir'BtiDi, distril:utjrn cr o:wirg c.f. tl1is calIlll1imtjrn iJ; strictly prhihitBi. IE}OJ h:M! r:e:ei'-'Eli tl1J.S ", o:;lmuUr.,J.<;n in =, pla:se rotify I.S imta:liate1y qr tele[:h.:re a"d Let\.o:rl tie oc:igin:;l;ln_J3" to L5 al ; ~-,~ ~~ ~ .~ . . -" , I SHERIFF'S RETURN - REGULAR CASE NO: 2001-01933 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HACKENBERRY JESSICA VS KIM CHAE RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon KIM CHAE the DEFENDANT , at 0017:40 HOURS, on the 9th day of April , 2001 at 503 BOSTON CTS MECHANICSBURG, PA 17055 by handing to CHAE KIM a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.82 .00 10.00 .00 34.82 so;;~~ R. Thomas Kline 04/10/2001 me this of Sworn and Subscribed ,to before By: . .~ "