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HomeMy WebLinkAbout01-05637 Lasa Kay Merrill, Plaintiff vs. Melvin Eugene Moppin, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ol- 5(a~ CIVIL TERM 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. A HEARING ON THIS MATTER IS SCHEDULED ON ,2001, AT /~ M., IN COURTROOM NO. ~OF THE CUMBERLAND COUNTY COUR HOUSE, 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 poflce 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. Violatiou may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C.§ 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Am~ans 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. ,: ~¢.tis_ip%4;5~`~Y ,~.~aruf ?sYr,~,v f.sYla3< ~. ...t.iBaP~+~=^~~3'~l~kEa~iY~Yi&rtYN3iNbar~r:fat1 `~K+.. a .f tV G S : ~ I t_.sij ! . Lisa Kay Merrill Plaintiff v. IN THE COURT OF COMMON :PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA Melvin Eugene Moppin Jr. Defendant CIVIL ACTION -LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Melvin Eugene Moppin, Jr. Defendant's Date of Birth is: October 22,1963 Defendant's Social Security Number is: 190-54-2221 Name(s) of All protected persons, including Plaintiff and minor children: 1. Lisa Kay Merrill AND NOW, on 27th Day of September, 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. 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 35 North Hanover Street, Apartment #5, Carlisle, Pennsylvania. Any future place of employment Plaintiff may establish. 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: -Defendant shall not harass PlaintifFs relatives. -Defendant shall not damage or destroy any property owned by Plaintiff. 5. A certified copy of this Order shall be provided to the police deparhnent where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department 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. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MARCH 27, 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 OFFICL~LS 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 maybe located. If defendant violates Paragraphs 1 through 3 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 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Distribution to: MidPenn Legal Services ~ It't P~.-_ J Faxed & Mailed to PSP - C.P. ~ 7~ P ~ S _ Cumberland County Sheriff PFAD Number: LB1337732M Lisa Kay Merrill Plaintiff 1N THE COURT OF COMMON :PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Melvin Eugene Moppin Jr. No. Defendant CIVIL ACTION -LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Lisa Kay Merrill 2. I, (the Plaintiff), am filing this Petition on behalf o£ - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Lisa Kay Merrill 4. Plaintiffs Address is : 35 North Hanover Street ,Apt. #5 ,Carlisle, PA 17013 5. Defendant's Name is: Melvin Eugene Moppin, Jr. 6. Defendant is believed to live at the following address: 325 North Hanover Street, Carlisle, PA 17013 7. Defendant's Social Security Number is: 190-54-2221 8. Defendant's Date of Birth is: October 22,1963 9. Defendant's Place of employment is: unemployed 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Current or former sexuaUintimate partner 12. The defendant has been involved in a criminal court action. 13. The facts of the most recent incident of abuse are as follows: On or about September 16, 2001, Plaintiff heard a noise outside her apartment and went to investigate. When Plaintiff entered her Idtchen, she saw Defendant staring at her through the window from her fire escape. Defendant fled the residence and Plaintiff called the police. Defendant was later arrested and charged with prowling and stalking at night, stalking, and harassment. Defendant is currently incarcerated in the Cumberland County Prison. Plaintiff suffered reasonable fear of imminent serious bodily injury. 14. 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 September 8, 2001, Defendant threatened Plaintiff that if he ever saw her with another man, he would hurt them both. Defendant screamed at Plaintiff calling her vile names, raised his Fist and shook it at her as if he was going to hit her causing her to fear for her safety. Carlisle Police were called to the scene and a report was Filed. The police informed Defendant he was not to have any contact with Plaintiff. In or about September 2001, Defendant approached Plaintiff and stated that he had followed her, and looked for her at various locations. Defendant threatened to continue to follow her. On a separate occasion in September 2001, Defendant sat in front of Plaintiff s residence, knocked on her door when she went into her residence, screamed vile names at her, and raised his fist as if he was going to hit her. Defendant left and sat outside Plaintiffs apartment complex. When Plaintiff left the residence, Defendant followed her to another residence, went inside, and screamed at her. Again, when Plaintiff left the residence, Defendant followed her through the backyard and stopped when she went to a friend's residence. 15. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Carlisle Police Department 16. There is an immediate and present danger of further abuse from the Defendant. 17: 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 maybe found. b. 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 find necessary with respect to partial custody and/or visitation with the minor children. 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 harass Plaintiff s relatives. -Defendant shall not damage or destroy any property owned by Plainitff. -Defendant shall pay $250.00 to one of MidPenn Legal Services funding sources as reimbursement for litigation in this case. e. Grant such other relief as the court deems appropriate. f. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully Submitted by: David Lopez, Attorney Agency: MIDPENN LEGAL SER' 8 Irvine Row Carlisle, PA 17013 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.5. §4904, relating to unsworn falsification to authorities. Dated: ct 1~ C/ /D f L.iSd K H1a~r i l l Lisa K. Merrill, Plaintiff ~~ .. , c~ __. ~_ . _.. --. , ,,~ -~, ~~;;' _ r - ~.. s ., f ~ : ,, ~~ ~- ~„ _~ ~~ c' 09/27/01 THU 13:51 FA% 717 240 6573 CiiMR rn vanmunNnmenv ~ .. I'A. ~...A . ~*:x MULTI TN REPORT *xx~ ~k&ffiSSc*gi$ffiffiffi~R&SS>K&8$A~&BN~Y$~N T%/R% NO 2822 INCOMPLETE T%/R% TRANSACTION OR [ O119p2490779 P8p [ 03]9p2405331 Cp [ 04]92438026 LS ERROR OFFICE OF T7-[E PRO'C'HON07'0.RY CUN6FRLRND COUN'CY O'J[IRTHCU$E ONE CC7URTHOU$E SQUARE CARLISLL•', PA. 17D13-3367 (717] 240-6195 FAX (717) 240-6573 V 1 A T E L E C O P I E R TD; PA STATE POLxCE - 4'CW'f. ~RaC6 SS. ~ ~• P. ~'~ FAx q: 717-249-0779 - CU]tTIS R. LONG RE: PFA OROER$ MESSAGE: -~,~. N0, OF PAGES (INY„LUDING G~DVER SE~ET) Ties is inti~3 only 5~ the use of the irclivici.el cr entity to cdtiCh is is a~• ad ~' ~v11z~.in ir~~t3r~ thet i5 [~.'1vi]a~d, oonfid3ttic'+I ad ~k~ from dyq-trra,rp 1>~ 13+r• the n~la pE this m2ssa~ is Wert tl~ inta~l rn~i[~'+t, You ace ~~' nm•;r;arl ttsk eTy ~ytim, ~;~,;i~rrirn cr o~~ing aE trtis mmu~icatirn is Slxicrly p~iibit~l. If ~.cu ]~.e Lr~~`~ Ua - -'---- -~=c. ... :...--a:.,ti..r., ~.. wva.a,-.,~ xri wt7h ~m Hr+ :ri[xin3i rr'~d"- -fe ~ uw SHERIFF'S RETURN - REGULAR CASE NO: 2001-05637 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MERRILL LISA KAY VS MOPPIN MELVIN EUGENE JR 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 MOPPIN MELVIN EUGENE JR the DEFENDANT at 1500:00 HOURS, on the 27th day of September, 2001 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT RD CARLISLE, PA 17 MELVIN E MOPPIN JR by handing to a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this S~ day of ~C~r~. anao ( A . D . P~ (z --~ P othonotary So Answers: ~~ ~ R. Thomas Kline 09/28/2001 By: Deputy Sheriff 5/~~l Lisa Kay Merrill Plaintiff IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, : PENNSYLVANIA v. Melvin Eugene Moppin Jr. No. 01-5637 Defendant CPJIL ACTION -LAW PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Melvin Eugene Moppin, Jr. Defendant's Date of Birth is: October 22,1963 Defendant's Social Security Number is: 190-54-2221 Name(s) of All protected persons, including Plaintiff and minor children: 1. Lisa Kay Merrill AND NOW, this 1st Day of October, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: Plaintiff s request for a final protection order is granted. 1. Defendant shall not abuse, stalls, 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 person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff s residence located at 35 North Hanover Street, Apartment #5, Carlisle, Pennsylvania. Any future place of employment Plaintiff may establish. 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 §6108 of the Act: -Defendant shall not harass Plaintiff s relatives. -Defendant shall not damage or destroy any property owned by Plaintiff. - 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: Carlisle Police Department 6. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 7. All provisions of this order shall expire on: April 1, 2003 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 PROSECUTION 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 THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, 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 the plaintiff s residence OR any location where a violation of this order occurs OR where the defendant maybe located, shall enforce this order. An arrest for violation of Paragraphs 1 through 3 of this order maybe without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. 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. Plaintiffs 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. B G o fer,l resident Judge ~° ._ ~~ ~~~~ e _ .."..~pi.~ G~,J :~• ..~.. .,__'J__ . ~,,~~ i.. i, . ' i i ~ If entered pursuant to the consent of Plaintiff and Defendant: ,~,tSR k m2a"rtl) Lisa Merrill, Plaintiff <,. Dav opez Attorney for Plaintiff Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 Melvin Moppin, r. efen ant Pro se 9 Distribution to: -MidPenn Legal Services -Faxed and Mailed to PSP -Melvin Moppin, Jr., Defendant ~j .0~ C~° FA7C' (717) 240-6573 - VIA T E L E C O P I E R , 'ro: PA STATE POLICE ~ Cewf. rIPOCGSG. • N1, p l..S. FAX k: 717-249-0779 F'RCM: CURTIS R. LONG RE; PFA ORDERS MESSAGE: NO. 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