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HomeMy WebLinkAbout01-04857CAUSSIA MARIE HODGE, Plaintiff ONDRE MAYS, vs. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI- ~ ~~ CIVIL TERM 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 maybe entered against you granting the relief requested in the Petition. In particular, you maybe evicted from your residence and lose other important rights. i A hearing on this matter is scheduled on th~2) ay of August, 2001, at = ~ U .m., in Courtroom No. on the 4s' Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or ternunated 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 $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state, and intentionally violate this Order, you maybe subject to federal criminal proceedings under the Violence Against Women Act,18 U.S.C. § 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. b~i~k~(~~h.SfdN3d -, ~...~ -,~ i-~"~ . ~.~_`. -- -3R+8£,~Wf~,~ --- - - ,. aMeM~mrez~w:- .... .. ~+ a»~:~ , o......._ ... v.. .. , ,ssf~=~d~ix..'- CAUSSIA MARIE HODGE, Plaintiff v. ONDRE MAYS, Defendant In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA No. O1- LI$~ Civil Action -Law : Protection From Abuse and : Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: ONDRE MAYE Defendant's Date of Birth is: Apri114,1978 Defendant's Social Security Number is: 245-27-3073 Name(s) of All protected persons, including Plaintiff and minor children: 1. CAUSSjA MARIE HODGE AND NOW, on~. ay of August, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff s 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. Except for such contact with the minor children as maybe permitted under paragraph 4 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 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. Plaintiff s residence located at: 175 West North Street Carlisle, PA Plaintiff s place of employment, wherever that may be. The child care provider/facility of the parties' minor chid. 3. Except for such contact with the minor children as may be permitted under paragraph 4 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. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor children: 1. NYASIA NICOLE HODGE Until the final hearing, all contact between Defendant and the children shall be limited to the following: Defendant's contact with the parties' minor child shall be suspended pending further Order after the hearing scheduled in this case. The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 5. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriff s Office or a designated local law enforcement agency for delivery to the Sheriffs Office. 1. any and all firearms and/or weapons, including, but not limited to: a handgun. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 6. The following additional relief is granted: Defendant is prohibited from having any contact with PlaintifFs relatives. Defendant is ordered to refrain from harassing Plaintiff s relatives and/or her minor child, Shameca Monet Hodge. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: CARLISLE POLICE DEPARTMENT 8. 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. 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL FEBRUARYZ, 2003 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. 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 maybe located. If defendant violates Paragraphs 1 through 5 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order maybe 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY E Judge Date Distribution to: David A. Lopez, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 (717)243-9400 or1-800-822-5288 FAX and mailed to PSP - n~ P~ s. - C°. ~ in::2a ~•w ~iky (-l+~P~s PFAD Number: RA1307665L CAUSSIA MARIE HODGE, Plaintiff In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA v. ONDRE MAYE, Defendant : No. O1-~ : Civil Action -Law Protection From Abuse and : Custody PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff s name is: CAUSSIA MARIE HODGE 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. CAUSSIA MARIE HODGE 4. Plaintiffs Address is :175 West North Street, Carlisle, PA 17013 5. Defendant's Name is: ONDRE MAYS 6. Defendant's address is: unknown. 7. Defendant's Social Security Number is: 245-27-3073 8. Defendant's Date of Birth is: Apri114,1978 9. Defendant's Place of employment is: unemployed 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Parents of the same child. Current or former sexuallintimate partner 12. The Plaintiff and the Defendant been involved in the following court actions: a. Support 13. Other details of the court action are: Cumberland County -Domestic Relations Office - 2001 14. The defendant has been involved in a criminal court action. 15. The defendant is currently on probation /parole. 16. The defendant is currently on State probation /parole. Description: New York State for assaults and drug-related crimes. 17. Plaintiff and Defendant are the parents of the following minor children: a. NYASIA NICOLE HODGE Age:23 months old Child's address is: 175 West North Street ,Carlisle, PA 17013 18. 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. NYASIA NICOLE HODGE For the past 5 years, this child has lived with: Plaintiff and her 12-year-old daughter, Shameca Monet Hodge, at 175 West North Street, Carlisle, PA, from May 2001, to the present. Plaintiff and her daughter, Shameca Monet Hodge, at 204 North Pitt Street, Carlisle, PA, from the date of NyAsia Nicole Hodge's birth on September 13, 1999, until May 2001. 19. The following other minor children presently live with Plaintiff: a. SHAMECA MONET HODGE Age: 12 years The Plaintiffs relationship to this child is: Mother. 20. The facts of the most recent incident of abuse are as follows: On about Sunday, August O5, 2001 location: Plaintiffs residence On or about August 5, 2001, Defendant telephoned Plaintiff s residence and left a message on her answering machine threatening her saying, "I'm gonna fuck you up." On or about August 4, 2001, Defendant left a message on Plaintifffs answering machine threatening her saying, "I'll pop your fucking head off, you fucking bitch." Plaintiff suffered reasonable fear that Defendant was going to shoot her. 21. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: On or about August 3, 2001, Defendant harassed Plaintiff on the street, followed her when she walked to her residence to get away from him, argued with her as she sat with the parties' 23- month-old baby on her lap, grabbed her by the neck and choked her, and pulled her hair. Plaintiff sustained soreness about her neck and head as a result of this incident. Later the same afternoon, while Plaintiff had the baby in her stroller at the park, Defendant approached Plaintiff, tried to wrench the stroller away from Plaintiff, and punched her in the face. Defendant left the park as Plaintiff called the police. Plaintiff sustained swelling, soreness and bruising about the side of her face as a result of this incident. The Carlisle Police responded, charged Defendant with simple assault and reckless endangerment of a child, and a warrant was issued for his arrest. Defendant was arrested on August 6, 2001, arraigned, and was released on his own recognizance. In or about mid-June 2001, Defendant argued with Plaintiff, and pulled her hair. On or about Apri115, 2001, Defendant punched Plaintiff in the eye. Plaintiff sustained swelling and soreness about her face and eye as a result of this incident. On or about October 18,1999, Defendant came to Plaintiff's residence, argued with her, and when she set the parties' then 5-week-old baby down, he punched her in the face causing her to fall to the floor. As Plaintiff tried to get up, Defendant grabbed her head with both his hands and slammed her head against the wall, putting a hole in the wall. When Plaintiff tried to get to the door, Defendant grabbed her, locked the door, and stood in front of it preventing her from leaving. Defendant followed Plaintiff upstairs and when she yelled out a window to a friend to call the police, Defendant told the friend not to call, grabbed Plaintiff by the hair, and shoved her onto the-bed. Defendant straddled Plaintiff, punched her repeatedly, and threatened that she was not leaving, and'that no one would save her. Plaintiff got away from Defendant, he followed her and shoved her down the stairs. Someone knocked on Plaintiff s door, and when she yelled, "Call the police", Defendant slapped her face, told her to shut up, and that no one would save her. When Plaintiff s then 10-year-old daughter, Shameca, came home, Plaintiff yelled for her to call the police. Before she could get out the door, Defendant grabbed S'hameca, pulled her back inside the house and locked the door, and as she repeatedly ran from the back door to the front door trying to get out, Defendant grabbed her and shoved her away from the door. When Plaintiff screamed for help to divert Defendant's attention, Shameca ran from the house and contacted-the police. When Defendant heard the police sirens, he threatened Plaintiff that if she became involved with anyone else, he would kill her and the other person, and further threatened that nobody was going to put him back in jail. Plaintiff sustained swelling, bruising, and soreness about her face, head, arms and shoulder as a result of this incident. Defendant was arrested, charged with simple assault and unlawful restraint, and later, was convicted and sentenced to Cumberland County Prison. In or about October 1999, on several occasions, Defendant entered Plaintiff's residence while she and her children were asleep and slept on her couch. Unbeknownst to Plaintiff, Defendant had taken her keys without her knowledge or permission and made copies of her house key. In or about September 1999, despite Plaintiff telling Defendant that she did not want him in her home, he followed her inside, shoved her in the chest causing her to stumble, and when she threatened to call the police, he grabbed the telephone, threw it aside, blocked the door with his body, locked the door, shut the window, and repeatedly punched Plaintiff in the face. Plaintiff sustained swelling and soreness about her face as a result of this incident. On or about September 16,1999, the second day Plaintiff was home from the hospital after giving birth to the parties' 4-day-old daughter, NyAsia, Defendant lay on top of Plaintiff and punch her several times. When Plaintiff got away from Defendant and tried to to leave with the baby, Defendant shoved the door against her hitting the baby. On or about September 15,1999, the first night Plaintiff was home from the hospital, Defendant argued with her and when she told him to leave her residence, he choked her and pulled her hair. In or about August 1999, Defendant argued with Plaintiff, who was 81/2 months pregnant with the parties' baby, threatened to get a gun and kill her, struck her repeatedly with his fists about her legs, and further threatened that if she called the police, she would end up like Gary Massey (a Carlisle resident who was found shot to death). 22. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor children: a. any and all fu•earms and/or weapons, including, but not limited to: a handgun. 23. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: CARLISLE POLICE DEPARTMENT 24. There is an immediate and present danger of further abuse from the Defendant. 25. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: several telephones that Defendant damaged or destroyed during incidents of abuse. 26. 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 children in any place where Plaintiff maybe found. b. Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: Defendant's contact with the parties' minor child shall be suspended pending further Order after the hearing scheduled in this case. c. Prohibit Defendant from having any contact with Plaintiff and/or minor children, either in person, by telephone, or in writing, personally or through third persons, c. Prohibit Defendant from having any contact with Plaintiff and/or minor children, 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 fmd necessary with respect to partial custody and/or visitation with the minor children. d. 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 and/or visitation with the minor children. e. 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. f. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. g. Order Defendant to pay the costs of this action, including filing and service fees. h. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiffs relatives and minor child, Shameca Monet Hodge. Enjoin Defendant from damaging or destroying any property owned solely by Plaintiff. Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost of litigating this case. i. Grant such other relief as the court deems appropriate. j. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully Submitted by: Agency: MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statemems comained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of i$ Pa.C.S.§4504, relating to unswom falsification to authorities. Dated: _<T~, ~ C` ~-- _ ~s '„"~ . ~_ ,. ~- Caussia Marie Hodge, Piaintiff C7 ~ ~-' `c; `- mr r~ ._.~ ~~ D;- ~ ~ _, ,..:~ .in %~ s..~a ~_ _ • • =i ~ G _L ~ (a G~ .O 08/17/01 FRI 10:22 FAX 717 240 6573 CUMB CO PROTHONOTARY. [dj001 *~t~:k S:N*S~RB:k:&B:k~S.N~HIa&~~~*~ *~a MULTI TN REPORT sa~* :k ~AS~N ~y~~e:g ~:NYffi*~&8*~ffi&*&&**E~~k T%/R% NO 2759 INCOMPLETE T%/R% TRANSACTION OK [ O119p2490779 PSP [ 0319p2405331 CP [ 04]92438026 LS ERROR t , OFFICE OF 1NE PR~J['HONO'CARY CUM9ERLAND COUNTY COUR'IHCUSE ONE CCUR'I'HCUSE SQUARE CARLISLE, PA. ],7013-3387 (717) 240-6195 FAX (717) 2906573 V I A T E L E C O P I E R TQ; PA STATE POLICE ~ CE•-~• P~POdess.- /-~, (l, ,~,5. FAx q: 717-249-0779 [~; CURTIS R. LONG RE; PFA ORDERS P'D:'SSAGE: NO. C)F PAGES (IN:'[.UDING COVER SHEET) Ttris rt is intp~ded rxrly E~ ttrt: ise aE tle indivi~k'IL ~ entity m cdi~ is 9s . ~'~' c~mt~in i~i~kirn• mat is pciviler.~d, amfidaitiaa. aid e~,Pt fxan t7S~I~„p ixxi3 a~xlic~tils )ar. rf tl~ ~ tltis rtes is rot the in6a~ teCipip~~, you a~ t+e~y roti.fied mat ary aim''', ai*ctrih kim CC d'~7y]fY~ f~ Y)US OOIIRA'7]['3L7I}l .IFi S1S7Ctly ~l]l?Lh3C[. IE yn, Fk'T.e L9'7E1VC~ ~~ •..•."- "•• ~~ lum ml-i £V ,r., inriiTjla7'P1V bV (~IPi.'~ITE° dTl LE[7bT1 f~~ !'nm„^^~1 ' ~ ~ 8L CAUSSIA MARIE HODGE, Plaintiff ONDRE MAYE, vs. Defendant 1N THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO.OI- 4857 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY RDER FOR CONTINUANCE AND NOW, this 5is~ day of August, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on August 27, 2001, at 2:30 p.m. by this Court's Order of August 17, 2001, is hereby continued generally. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through February 17, 2003, or until further Order of Court, whichever comes first. David A. Lopez Joan Carey Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 By the Court. t1ti`'~Jh11nCi\1i ~ ~~? ~~i'3 '.; _ ~ 1_I~;1 A4 , CAUSSIA MARIE HODGE, Plaintiff ONDRE MAYS, vs. Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO.OI- 4857 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE Plaintiff, Caussia Marie Hodge, by and through her attorneys, David A. Lopez and Joan Carey of MidPenn Legal Services, moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds that: A Temporary Protection From Abuse Order was issued by this Court on August 17, 2001, scheduling a hearing for August 27, 2001, at 2:30 p.m. before President Judge George E. Hoffer 2. Defendant has not been served a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse he is believed to be in New York State and his exact whereabouts aze unknown. MidPenn staff aze attempting to get information on Defendant's current residence for service. 3. Plaintiff requests that the hearing be continued generally pending service of Defendant. 4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through February 17, 2003, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Temporary Protection From Abuse Order remain in effect for a period of 18 ~_, _._ months from the date it was entered, through February 17, 2003, or until further Order of Court, whichever comes first. David A. Lopez Joan Carey Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 SHERIFF'S RETURN - NOT FOUND '~,CASE.NO: 2001-04857 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HODGE CAUSSIA MARIE VS MAYE ONDRE R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT MAYE ONDRE but was unable to locate Him in his bailiwick. He therefore returns the PROTECTION FROM ABUSE , the within named DEFENDANT MAYE ONDRE SERVICE WAS ALSO ATTEMPTED AT 125 W NORTH ST CARLISLE NOT FOUND as to Sheriff's Costs: So answe - Docketing 18.00 Service 6.50 Affidavit .00 Thomas Kline Surcharge 10.00 eriff of Cumberland County nn 34.50 LEGAL SERVICES 10/16/2001 Sworn and subscribed to before me '~- this ~~ '' day of Qom, - ~~ A.D. C~,,,~ ~.... K o,0.4 thonotary ,~=F~,.~ ~~ CAUSSIA MARIE HODGE, Plaintiff vs. ONDRB MAYS, Defendant pU6 ~ ~ 1 IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO.O1- 4857 CIVII. TERM PROTECTION FROM ABUSE AND CUSTODY ORDER FOR CONTINUANCE AND NOW, this 3~ day of August, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on August 27, 2001, at 2:30 p.m. by this Court's Order of August 17, 2001, is hereby continued generally. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through February 17, 2003, or until further Order of Court, whichever comes first. By the Court, David A. Lopez Joan Carey Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 G orge E. Hoffer, Presi t Judge Pro4honota CAUSSIA MARIE HODGE, Plaintiff ONDRE MAYE, vs. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI- ~$$~ CIVIL TERM 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 maybe evicted from your residence and lose other important rights. A heazing on this matter is scheduled on the a7 ~ay of August, 2001, at a; 30~.m., in Courtroom No. on the 4a' Floor of the Cumberland County Courthouse, 1 Courthouse Square, 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 cr~al contempt which is punishable by a fine of up to $1,000.00 andlor 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 maybe 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 fmd out where you can get legal help.. If you cannot fmd 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. CAUSSIA MARIE HODGE, Plaintiff v. ONDRE MAYS, Defendant : In the Court of Common Pleas of CUMBERLAND County, PENNSYLVANIA. No. O1- ~{-8'57 Civil Action -Law Protection From Abuse and : Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: ONDRE MARE Defendant's Date of Birth is: April 14,1978 Defendant's Social Security Number is: 245-27-3073 Name(s) of All protected persons, including Plaintiff and minor children: 1. CAUSSIA MARIE HODGE AND NOW, one Day of August, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff s request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalls or threaten any of the above persons in any place where they might be found. 2. Except for such contact with the minor children as may be perntted under pazagraph 4 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. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs residence located at: 175 West North Street Carlisle, PA Plaintiffs place of employment, wherever that maybe. The child care provider/facility of the parties' minor child. 3. Except for such contact with the minor children as may be permitted under paragraph 4 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. 4. Pending the outcome of the fmal hearing in this matter, Plaintiff is awarded temporary custody of the following minor children: 1. NYASIA NICOLE 130DGE Until the final hearing, all contact between Defendant and the children shall be limited to the following: Defendant's contact with the parties' minor child shall be suspended pending further Order after the hearing scheduled in this case. Thc; local law enforcement agency in the jurisdiction where the children are located shall ensure that the children aze placed in the care and control of the Plaintiff in accordance with the terms of this Order. 5. 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. 1. any and all firearms and/or weapons, including, but not limited to: a handgun. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 6. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiff s relatives. Defendant is ordered to refrain from harassing Plaintiffs relatives and/or her minor child, Shameca Monet Hodge. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: CARLISLE POLICE DEPARTMENT S. 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. 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL FEBRUARY,LZ; 2003 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.5. §6113. Defendant is further notified that violation of this Order may subject himfher 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. 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 5 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 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT: ~l ~~leou.~.v ~' //~/ ry J°• Judge lAl_fil.!/dh ~ / Date Distribution to: David A. Lopez, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 (717)243-9400 or1-800-822-5288 FAX and mailed to PSP PFAD Number: RA1307665L CAUSSIA 1VIARIE HODGE, Plaintiff v. ONDRE MAYE, Defendant In the Court of Common Pleas of CUMBE]2LAND County, :PENNSYLVANIA. No. O1-~ Civil Action -Law Protection From Abuse and Custody PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: CAUSSIA MARIE HODGE 2. I, (the Plaintiff, am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. CAUSSIA MARIE HODGE 4. Plaintiffs Address is :175 West North Street ,Carlisle, PA 17013 5, Defendant's Name is: ONDRE MAYE -~~~- 6. Defendant's address is: unknown. 7. Defendant's Social Security Number is: 245-27-3073 8. Defendant's Date of Birth is: April 14,1978 9. Defendant's Place of employment is: unemployed 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Parents of the same child: Current or former sesual/intimate partner 12. The Plaintiff and the Defendant been involved in the following court actions: a. Support 13. Other details of the court action aze: Cumberland County -Domestic Relations Oft-ace - 2001 14. The defendant has been involved in a criminal court action. 15. The defendant is currently on probation /parole. 16. The defendant is currently on State probation /parole. Description: New York State for assaults and drug-related crimes. 17. Plaintiff and Defendant are the parents of the following minor children: a. NYASIA NICOLE HODGE Age:23 months old Child's address is: 175 West North Street ,Carlisle, PA 17013 18. 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. NYASIA NICOLE HODGE For the past 5 years, this child has lived with: Plaintiff and her 12-year-old daughter, Shameea Monet Hodge, at 175 West North Street, Carlisle, PA, from May 2001, to the present. Plaintiff and her daughter, Shameca Monet Hodge, at 204 North Pitt Street, Carlisle, PA, from the date of NyAsia Nicole Hodge's birth on September 13, 1999, until.May 2001. 19. The following other minor children presently live with Plaintiff: a. SHAMECA MONET HODGE Age: 12 years The Plaintiffs relationship to this child is: Mother. 20. The facts of the most recent incident of abuse are as follows: On about Sunday, August O5, 2001 location: Plaintiffls residence On or about August 5, 2001, Defendant telephoned Plaintiffls residence and left a message on her answering machine threatening her sayhtg, "I'm gonna fuck you up." On or about August 4, 2001, Defendant left a message on Plaintiff's answering machine threatening her saying, "I'll pop your fucking head off, you fucking bitch." Plaintiff suffered reasonable fear that Defendant was going to shoot her. 21. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: On or about August 3, 2001, Defendant harassed Plaintiff on the street, followed her when she walked to her residence to get away from him, argued with her as she sat with the parties' 23- month-old baby on her lap, grabbed her by the neck and choked her, and pulled her hair. Plaintiff sustained soreness about her neck and head as a result of this incident. Later the same afternoon, while Plaintiff had the baby in her stroller at the park, Defendant approached Plaintiff, tried to wrench the stroller away from Plaintiff, and punched her in the face. Defendant left the park as Plaintiff called the police. Plaintiff sustained swelling, soreness and bruising about the side of her face as a result of this incident. The Carlisle Police responded, charged Defendant with simple assault and reckless endangerment of a child, and a warrant was issued for his arrest. Defendant was arrested on August 6, 2001, arraigned, and was released on his own recognizance. In or about mid-June 2001, Defendant argued with Plaintiff, and pulled her hair. On or about April 15, 2001, Defendant punched Plaintiff in the eye. Plaintiff sustained swelling and soreness about her face and eye as a result of this incident. On or about October 18,1999, Defendant came to Plaintiff s residence, argued with her, and when she set the parties' then 5-week-old baby down, he punched her in the face causing her to fall to the floor. As Plaintiff tried to get up, Defendant grabbed her head with both his hands and slammed her head against the wall, putting a hole in the wall. When Plainriff tried to get to the door, Defendant grabbed her, locked the door, and stood in front of it preventing her from leaving. Defendant followed Plaintiff upstairs and when she yelled out a window to a friend to call the police, Defendant told the friend not to call, grabbed Plaintiff by the hair, and shoved her onto the bed. Defendant straddled Plaintiff, punched her repeatedly, and threatened that she was not leaving, and that no one would save her. Plaintiff got away from Defendant, he followed her and shoved her down the stairs. Someone knocked on Plaintiffs door, and when she yelled, "Call the police",Defendant slapped her face, told her to shut up, and that no one would save her. When Plaintiffs then 10-year-old daughter, Shameca, came home, Plaintiff yelled for her to call the police. Before she could get out the door, Defendant grabbed Shameca, pulled her back inside the house and locked the door, and as she repeatedly ran ffrom the back door to the front door trying to get out, Defendant grabbed her and shoved her away from the door. When Plaintiff screamed for help to divert Defendant's attention, Shameca ran from the house and contacted the police. When Defendant heard the police sirens, he threatened Plaintiff that if she became involved with anyone else, he would kill her and the other person, and further threatened that nobody was going to put him back in jail. Plaintiff sustained swelling, bruising, and soreness about her face, head, arms and shoulder as a result of this incident. Defendant was arrested, charged. with simple assault and unlawful restraint, and later, was convicted and sentenced to Cumberland County Prison. In or about October 1999, on several occasions, Defendant entered Plaintiffs residence while she and her children were asleep and slept on her couch. Unbeknownst to Plaintiff, Defendant had taken her keys without her knowledge or permission and made copies of her house key. In or about September 1999, despite Plaintiff telling Defendant that she did not want him in her home, he followed her inside, shoved her in the chest causing her to stumble, and when she threatened to call the police, he grabbed the telephone, threw it aside, blocked the door with his body, locked the door, shut the window, and repeatedly punched Plaintiff in the face. Plaintiff sustained swelling and soreness about her face as a result of this incident. On or about September 16,1999, the second day Plaintiff was home from the hospital after giving birth to the parties' 4-day-old daughter, NyAsia, Defendant lay on top of Plaintiff and punch her several times. When Plaintiff got away from Defendant and tried to to leave with the baby, Defendant shoved the door against her hitting the baby. On or about September 15,1999, the fn'st night Plaintiff was home from the hospital, Defendant argued with her and when she told him to leave her residence, he choked her and pulled her hair. In or about August 1999, Defendant argued with Plaintiff, who was S 112 months pregnant with the parties' baby, threatened to get a gun and kill her, struck her repeatedly with his fists about her legs, and further threatened that if she called the police, she would end up like Gary Massey (a Carlisle resident who was found shot to death). 22. The Defendant has used, or threatened to use, the. following weapon(s) against the Plaintiff or the minor children: a, any and all firearms and/or weapons, including, but not limited to: a handgun. 23. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: CARLISLE POLICE DEPARTMENT 24. There is an immediate and present danger of further abuse from the Defendant. 25. Plaintiff has suffered out-of-pocket fmancial losses as a result of the abuse described above. Those losses are: several telephones that Defendant damaged or destroyed during incidents of abuse. 26. 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 Plaintiffand/or minor children in any place where Plaintiff may be found. b. Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: Defendant's contact with the parties' minor child shall be suspended pending further Order after the hearing scheduled in this case. c. Prohibit Defendant from having any contact with Plaintiffand/or minor children, either in person, by telephone, or in writing, personally or through third persons, c. Prohibit Defendant from having any contact with Plaintiff and/or minor children, 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 fmd necessary with respect to partial custody and/or visitation with the minor children. d. 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 children. e. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from teansferring, acquiring, or possessing any such weapons for the duration of the Order. f. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing, g. Order Defendant to pay the costs of this action, including filing and service fees. h. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiff s relatives and minor child, Shameca Monet Hodge. Enjoin Defendant from damaging or destroying any property owned solely by Plaintiff. Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost of litigating this case. i. Grant such other relief as the court deems appropriate. j. 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. Respectfully Submitted by: David A. Lopez, Esq. Agency: MidPenn Legal Services 8 Irvine Row Cazlisle, PA 17013 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 lmowledge. I understand that any false statements aze made subject to the penalties of I S Pa.C. S. §4904, relating to'unsworn falsification to authorities. Dated: - C~ _ _~r... r.~ _ -t,,.~.__~_ ,: Caussia Marie Hodge, Plaintiff C ~. ,~,, ~ .. p ~ 1~~ 7,11',efh~~. _ ; ;r~j~14~ j 311i?4` _.. - -~,~:®.~..ebz grcsmm»ww*~.~m,xn:.s wsxs;€_ .~.»esa~a'msry~us<+~w m,~^m o. _ ~ ,. ,•. ~. ,_~:~. aaa~x~^ssr - ~m umsvcmx' .