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Home My WebLink About01-0176 FX (2) ~. ~,,' ~, __,r. -"J'" , . I " ", '.,,, "'-, J ,"--"-_0 ~"~ . _MOM cSt KUTULAKIS m ATTORNEYS AT LAW February 13, 2002 BY HAND DELIVERY Honorable George E. Hoffer President Judge Court of Cornmon Pleas of Cumberland County Cumberland County Courthouse Carlisle, PA 17013 Re: Lorwey v. Mora 01-7176 (pFAPetition) (Hearing date - February 13, 2002 @ 2:30 PM) Dear Judge Hoffer: I represent Edwin Mora, the defendant named in a petition seeking the irnposition of a PFA Order by the mother of his daughter. You have scheduled a hearing in this rnatter for later today at 2:30 PM. I have a police officer under subpoena and I am prepared to represent and defend Mr. Mora at that hearing. It came to my attention last evening that Mid Penn Legal Services is attempting to have that hearing rescheduled because they were under the mistaken irnpression that Mr. Mora would agree to a PF A Order being irnposed against hirn. If you were to grant a continuance, it would be the second time this rnatter was postponed. As of 12:00 PM today, a Motion to Continue has not been filed. Should the Court be willing to entertain a rnotion, please be advised of our intention to appear to oppose the continuance and to rnove forward with the hearing. Should the Court be inclined to grant the requested continuance, we respectfuJly request the Court to withdraw the ex-parte, ternporary order that rernains in effect. That Order was entered on January 3, 2002. 8 SOUTH HANOVER STREET. SUITE 204 CARLISLE. PA 17013 (717) 249-0900 FAX (717) 249-3344 1 06 WALNUT STREET HARRlSBURG, PA 17101 (717) 232-9511 ~.."' ..... .Jlw. '..: ,,~d;, >~' The bases for requesting that the ex parte Order be removed are as follows: 1. 2. 3. Mr. Mora does not have a prior record; In the ten year animus relationship between these parties, no incidents of physical violence have ever occurred; The alleged incident took place at the front door of Mr. Mora's home at a tirne when the petitioner unexpectedly appeared to confront Mr. Mora about a child custody issue. The East Pennsboro Township Police Department officers that investigated this rnatter at the scene and thereafter determined that charges should NOT be flled. It is my understanding that the petitioner did not require medical treatment at the scene. Seven weeks after the alleged incident, a charge of Simple Assault was later brought by Kristin Mertz of the District Attorney's Office. 4. I am available at anytime prior to the scheduled commencernent of today's hearing to meet with the Court and Mr. Lopez to discuss the anticipated continuance request further. Thank you for your attention to this letter. Sincerely, C&K Cc; David Lopez, Esquire Mid Penn Legal Services Attorneyfor the Plaintiff Edwin Mora \' L_ Jl ."j,..~~", , / C(j7 ~ H ---e S 5 a fI -e JVOV1./\. H "", L (') pLJ-€( -- ryO'''V\. /2 - (- 0 / fo 'A-f' H ora.. R-f's /c/o..{lV{{ ~ n I' 'S / s I ~ 1-1, ~ 9 Y" VI. k'1 rhJ I h~ c C( 1A.5'{? J- I.U I II I~ !--eH,("y i/V1y Ct-t-!-dYVI-ey kbtDGU) f~a...J 45'. t/Vl "IA fA -+ ~<:;; I OL -f --e j p c' c Lc I 'vty E Yd a. [,( --e (A p W /1- tl eel () f~ dVZ t" Celli r(Yd b'V\. 1 cJ L~ I -fiJ /-e f -fl-t7W1. . ~11 () kl 1 tJ <A. w-e r-e 7' 0 (~ y--J-a b t" I 0 +~ I 0 vt d +L --e ~ Co.. I / (~f V11-e ~ + u.) d y l( i e 1/, I.rry b-t.1--f1 n. d 0lldy S t~ -er e +0_ I;!..c '-< iN'" "C is. "" occ7f chi,,) U tU Ac eEl /.4 g l E! i CJ lA. II u-e 5" J'l-1l ~ L'I.-{.; S a vJ 0 '( !r b~ 'S C ~ CJ (j ( Y- 1 (J u. et j/ -e LA V1 -e "'-tj::J 10 y -ec:l/ -r~-e r-<- . 1'5 110 y--{' as 0 L'"\. LJ t'l <j au cou...ld vt '>f l1. c< v-e ~-e v~ .+l-e v-k'.. LJ {} i.-1 ) II b~' ~ -e'Q r I L;9 mill'': 0{ b OLvt {it ICS, ., ctf-e Y" '"'.'" ".' , . , - , ' . . . . - <. ~p tl't EXmBlT j'ls'~ap(!6 , - - C<\ MidPenn Leoat SaMceI 8 Irvine Row CarlIsle PA 1701' f~ l- - __ II'" .. J- .~ ~~;. ?-~~'~ii::':~l"~ .~ .~ , ~ ' 1"_ ""', .-."0" -.- .';J.""-"',,-, '"-\"." .II - -l"1'i!J~i.Ni;,ii-' BONNIE ANNIE LORWEY, Plaintiff : In The Court of Common Pleas of : CUMBERLAND County, v. : Pennsylvania : Civil Action - Law EDWIN HENRY MORA, Defendant : No. 01-7176 : Protection From Abuse AMENDED AND CONTINUED TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: EDWIN HENRY MORA Defendant's Date of Birth is: January 19, 1951 Name(s) of All protected persons, including Plaintiff and minor children: 1. BONNIE ANNIE LORWEY AND NOW, on 3rd Day of January, 2002 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Pursuant to Plaintiff's attached Petition to Amend the Temporary Protection From Abuse Order entered on December 26,2001, the following amendments have been made: The provision in Paragraph 4 of the Temporary Protection From Abuse Order, which prohibited Defendant from having any contact with Plaintiff's relatives, shall be amended to exclude the parties' minor child as a "relative." Paragraph 7 of the December 26,2001, Temporary Protection From Abuse Order, which referenced prior custody orders, shall be deleted completely. Pursuant to Plaintiffs attached Motion for Continuance in the above-captioned case, the ^,-~-',~ - . '~', - '-' -;",.,,-,~-,~.I",~^ ~, -, -,,-.. ','"_,,,, ,b,;'O";;~1"~ hearing scheduled for Thursday, January 3, 2002, at 3:30 p.m., is hereby rescheduled for Wednesday, February 13,2002, at 2:30 p.m. In all other respects the Temporary Protection From Abuse Order entered on December 26, 2001, shall remain in full force and effect for a period of 18 months from the date of entry, through June 26, 2003, or until further Order, whichever comes first. Plaintiff's request for an amended and continued 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 current residence located at 422 Duke Street, Enola. Plaintiff's place of employment: Keystone Health 300 Corporate Center Drive Camp Hill, PA 3. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiff's relatives, excluding the parties' minor child. Defendant is ordered to refrain from harassing Plaintiff's relatives, including the parties' minor child. 4. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSIllP POLICE DEPARTMENT 5. 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. -"" "~ ~-~~" ".~ "-'," .' , 1 ,,_ ,- "~ d,_ .,-,,~._~_ ""j- ','--'-.r.. ,,~_", - __ .--.t", .,,~~:~ 6. TIDS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JUNE 26, 2003 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY TIDS 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 fme of up to $1,000.00 and/or up to six months injail. 23 Pa.C.S. ~6l14. 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 )he police who h,ave 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 I through 2 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 prl:(sence 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 Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Distribution to: David A. Lopez, Attomey for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 'ru...4.t ~ 1- OJ-42- Thomas C. Zerbe, Jr., Attomey for Defendant ~ 806 Lisburn Road, Camp Hill, P A 17011 FAXed and mailed to PSP ..- c P '10 fl'l P /.. s * g~~'ill~:1"W,dA~"j:nil'allb'l!'Uil.!'l\,'.l'J'<'!nM"~~!i;i;;~,"~C"""""_""~:""")_-"J,'uJ'J;,~"";";",,, ;,,,,),:,>~,',"',-if-lWl:?,~~~_~.~M. ~ ~~ "-fi(J~lllIll!\ij~i.l.1\iII!i 1" -. 1 1,\ !;fiVV'/P I <', -'w.,' InO,fJ 0r\~!~~/Y;7d - I -/ ,'<-.{ .~~ . ~-,.....~._I/!.'nO ''''.'l\'/! ~ t U :1/11,. , fir:! 'b" 1\ ',"r"" "j;;;:.J(;~~d! -~I~~l!i{'h',;":;rf1fI''-=--'it~.~';!lU,,.J~J_+!J;!CJL '-,,":~.,.,~~tJ:,'!' ,"'nd,<,",~.,~_"".,~.lL.L_,.__'>Y"" - " -,."",,,.--,' ',_ ~i _,~ , ","_0'''. r ,"~"., ~ ~ ~ ~ ,~ ,~ ;. - '~".; I" 1"1',"- l (:0 "J. .:.'0 ",<,r<"_ ~,_,~ _~, " " __," ~" -~~ I '" ".",',,, '" ~ " ",-0 -" ~,L '"1iM:~i1"i;' BONNIE ANNIE LORWEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01-7176 CIVIL TERM EDWIN HENRY MORA, Defendant : PROTECTION FROM ABUSE PETITION TO AMEND TEMPORARY PROTECTION FROM ABUSE ORDER Plaintiff, Bonnie Annie Lorwey, by and through her attomey, David A. Lopez ofMidPenn Legal Services, represents the following: 1. Plaintiff filed a Petition for Protection From Abuse and a Temporary Protection From Abuse Order was entered on December 26, 2001, in the above-captioned action. 2. The Cumberland County Sheriff's Department served Defendant with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse on December 26,2001, at his residence at 911 Valley Road, Enola, PA. 3. Plaintiff requests that the provision in Paragraph 4 of the Temporary Protection From Abuse Order entered on December 26,2001, which prohibits Defendant from having any contact with Plaintiff's relatives be amended to exclude the parties' minor child as a "relative", and Plaintiff requests that Paragraph 7 of the Temporary Protection From Abuse Order, which references prior custody orders, be completely deleted. WHEREFORE, Plaintiff requests that paragraph 4 of the Temporary Protection From Abuse Order entered on December 26,2001, be amended to exclude the parties' minor child as a "relative", and that Paragraph 7 of the Order, which references prior custody orders, be completely deleted. In all other respects, the Temporary Protection From Abuse Order entered on December 26, 200 I, shall , . 0 - ~- I~" = ~ -~, .-, ',_J "--"",~",,<,, ,-,',~, ~f I'l~i . . remain in full force and effect for a period of 18 months from the date of entry, through June 26, 2003, or further Order of Court, whichever comes fIrst. avid A. Lopez, A 0 MidPenn Legal Service 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ;'1,;MiH.1;~,~"'-_4{,;jidi',@,MIla\'l:t~1@iiil!1i!WHilM-,'1!i!iiili:~i!tii@\1!tr~;~;i;;"'fu-.&.:;';"l""~~_Mi__,,,,,~, i,,,,_~:~\-"~),J;-.)'~~',-1lfiJ~r 11' ,,11" - \UJJ.,:,~.lt~LJJtJ!( jT~m,,~_m, '-._,I"h_"-':~n_ - ", YiNV/\lASNN3d 1 'Nrl' ,,, '" ,',~, '-".. . I\.L __I,) ,,-.'!,_,," i;.'I.~\.~~/"I;1" , '-, '''' IIV 0" :0. ,'!)\-! C'_ "r'!l!(' ?n :J ,,-" t3 Vi (..(. AUVJt.,\i( -!("'i ..... _''-' ~L.IlULt".ll,m~>,__, ~,"' ,. ~'" ,__, _tfilillllll '__"~"__ ~~''''<_''~'~_'' ,,__~"<_ N'~.~ __.__~"~ ,. .., ,,~"". "d,~- ,"" -,~", ",''-' ......""" -__',_,____"'~o?_~"...'(;-..""'" k "--r~~1N BONNIE ANNIE LORWEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01-7176 CIVIL TERM EDWIN HENRY MORA, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Bonnie Annie Lorwey, by and through her attomey, David A. Lopez ofMidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on December 26,2001, scheduling a hearing for Wednesday, January 3, 2002, at 3:30 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 on December 26, 200 I, at his residence at 911 Valley Road, Enola, Cumberland County, Pennsylvania.. 3. Defendant has retained Thomas C. Zerbe, Jr., Attomey at Law to represent him in the matter. 4. The parties agree, by and through their respective counsel, that the hearing be rescheduled. 5. On January 3, 2002, Plaintiff filed a Petition to Amend the Temporary Protection From Abuse Order entered on December 26, 2001, and the attached Amended and Continued Temporary Protection From Abuse Order was issued. 6. Plaintiff requests that the Amended and Continued Temporary Protection From Abuse Order entered on January 3, 2002, remain in effect for a period of 18 months from the date ~ " , " ,~ '.,~' '. ",,'I"~"'" ,,"' ' . ',~",,-,-." ~- ~{,-,-"-,-" "_;,' _'.';:' i,~";._.--..,,,; the Temporary Protection From Abuse Order was entered on December 26, 2001, through June 26, 2003, or until further Order of Court, whichever comes fIrst. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Amended and Continued Temporary Protection From Abuse Order remain in effect for a period of18 months from the date the Temporary Protection From Abuse Order was entered, through June 26, 2003, or until further Order of Court, whichever comes fIrst. Respectfully submitted, Davr A. Lopez, Attorn y for laintiff MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 1;~~kiliS1:l!t.'t~~,'~j~i"<'~l'fl.!l~,",~i&i",~i",'';v1I.5f;4'.''{;_'';''-C~_",J~__ ~:,..;" ;"J:~6-,~i;i''''''~,,,;M4;i,,~t.'1''-1!ll~~~i'WIii_.i5i~I~Il'.- JvN(1~~~l1~i~iYt~~d ~t\ - "r t'~~'IF!j!W!D u'" :01 fJll , ..-, ~- r_I" .~ v>;f 20 -," ) "lid -,It) Rl..,'\~"C'*,,,,~,,y,X~];~L~,t.l,.r,,,:;,JJ",_C,,..:,1,~,,;'W,~JCtU_".J'\~, UnLJ.L",.lU~~-,~t~ '''''0_?:,,~ t ,_,,0,.,,,"=,.=:L, """-~' "_" _ ,O'.'f' _,,__' ;",_~...,), I ,~, "'7' .,0'_',<," - ~,,,,,,,,,,,, '-~ '-~-'~' .=-,,-,., ,-",. -~~ ~" ~, ~-~~ ,~ -'.~"", hilllM~J""",'i.hi,;", 01/03/02 THU 11:55 FAX 717 240 .6573,' CUMB CO PROTHONOTARY 14J00l *************************** U* MULTI TN REPORT *u *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2919 [ 01]9p2490779 [ 03]9p2405331 [ 04]92438026 PSP CP LS ERROR , '. " , Off'XCE Of '!HE PROTI-lCX\OTARY CUMBERU>.NO CXXJNTY COURTIiOOSE ONE CCXJImiOOSE SQUARE CARLISLE, PA. 17013-)367 (717) 240-6195 FAX (717) 240-6573 v I ATE LEe 0 PIE R 1'0: PI\. STATE POLICE - Cell", f'Htle.C$<t;.. M. P. I..S. FAX ": 717-249-0779 F'!lCM : CURTIS R. LONG RE: PFI\. ORDERS MESSAGE: _ ~L N:l. OF PA.GE:S (Itr'...LUDING COVER SHEET) 'this II ':-y is hllb..:b.l ally fix' tte \.Be of tte in1iv:iti.Bl IX altiw to mid1 is is ...)1. I, ad Iley a:rrtain inftmatim.!tat is p:ivilEg::d. o:nfid31tial <I'd eaqX; fron C1j'rl~ue lI'der 'tVH...nl.. la4. [f t1-e oorl3L r:i'. this II. V is rot tl'e inte"d3::A J.'l;ripi"'lt. )UJ are ~ rotifial tret in! ~tia1. d.ist:ribJt;im IX crwirg a: Ihis CIJTI1Ulicatim is strictly prllibi.tei. IE}OJ!'EM! rECEi..a:i ltus m111111ic.,tim in =. pla!Be ruti.lY I.S .irm:e:lia1cly q. teJ.eJ;h:re .:n:l ml1m1 tie crigirelll_. "0/ to L6 at ~ '/ "" , , -~"- ""-",--.""-"ar<i'{"t4~ , BONNIE ANNIE LORWEY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : CIVIL ACTION - LAW : NO. 01- 7/ 76 EDWARD HENRY MORA Defendant : PROTECTION FROM ABUSE PETITION FOR SPECIALlEMERGENCY RELIEF AND EX PARTE ORDER AND NOW TO WIT, this 2nd day of January, 2002, comes the Petitioner, Edwin Henry Mora, by his attomey Thomas C. Zerbe, Jr., and files the following Petition for Special/Emergency Relief, whereof the following is a statement: I. Petitioner is Edwin Henry Mora, an adult individual who currently resides at 911 Valley Road, Enola, Cumberland County, Pennsylvania. 2. Respondent is Bonnie Annie Lorwey, an adult individual who currently resides at 422-D Duke Street, Enola, Cumberland County, Pennsylvania. 3. Petitioner and Respondent are the natural parents of Brooke A. Lorwey-Mora, age ten, bom July 8,1991. -1- . "^.~" ~, "'~ " ,'_"A. '1.'<= -- -o~"'~.- -'~-I.'M';"~~' .~. ;;;,."""",;..-" ",',~; ~" ,.h', "_-~.2'8"-"Y'.",' ; -.,;, _ I'~ ; _ ;'.~'~i , 4. Pursuant to orders of Court of Cumberland County, Honorable Wesley Oler, J., at No. 97-1750 Civil Term, Custody of Brooke Lorwey-Mora is divided between Bonnie Annie Lorwey and Edwin Henry Mora. 5. The aforesaid orders of court (confirmed twice by Judge Oler) provide that the father shall have physical custody, during the school term, on alternating weeks from Thursday at 9:00 a.m. until Tuesday at 9:00 a.m. 6. The next period for father's custody under the said court orders commences January,), 2002. 7. Temporary protection from abuse order provides "Defendant is prohibited from having any contact with Plaintiff's relatives." Brooke Lorwey-Moray, of course, is covered by this prohibition. 8. The Petition for Protection from Abuse does not allege any abuse of Brooke Lorwey- Mora, nor does it allege that Brooke was present at the time of the foul acts and language alleged (which Petitioner, of course, denies) -2- ~" w_.. ~ ~ ,< " ". """,-,,_,', ',- '-~"I' ,,,,.'-, :-- ",,'.~ -, _'",',-", "" , - _ oct; "",;;'~"""-'.-yJ:;;,,;,:.. 'J:"';.L - ___"-"';>'! 9. Petitioner has no desire for any contact with Respondent, and, in fact, notified Respondent, through counsel, that no further contact would be permitted in any but a highly public place, in order to prevent her from creating an incident. Copy of letter attached as Exhibit # 1. 10. The aforesaid letter was dated and sent December 22. Temporary Protection from Abuse Order is dated December 27. 11. Hearing has been scheduled for January 3, 2002, but continuance is being requested because Defendant requires time to prepare his defense, which must include interviews with one or more police officers and possible subpoenas. WHEREFORE, Petitioner requests that your Honorable Court enter an order permitting Petitioner to have custody of Brooke Lorwey-Mora as provided in previous court orders.l. buj '-\J(iHf7Crt CQ/V'tll&, l'>~rIVG~1I. requiring transfer of custody to be in a public place and tg ge l3eW:eell. 1fte me1fter fHlii We~' Mtlfll, rlt e //1 p.. t{~5 ~Lit,;,uLLeI'8 t.t.i:fe and Blvvl<<. ~ ., "~Y.Ll16thc-I. Respectfully submitted, -:::::=~::;?j0:)/~~-.- . ../o'_'~'.c-_, _' 1_// / / TIfQMAS C. ZERBE, JR. Attorney for Petitioner Attorney LD. No. 07136 806 Lisburn Road Camp Hill, PA 17011 Phone (717) 731-8562 -3- .;,1* ~tv .,~ . . ~,- T ,- ~ ~- ~-. . .b_ --'' =~.,;;;. 1,--_; _."-,.,\~{; ',.]_-,i?;' '.''-,~; ,,;>">~;;::t:;;';;--i-j;>";~"~ :,.,' _ L_" ~ l. y.:. l:i' I LAW OFFICE THOMAS C. ZERBE, JR. 806 LISBURN ROAD. CAMP HILL, PENNSYLVANIA 17011 (717) 731-8562 . E-MAIL;MZERBE1814@AOL.COM December 22,2001 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 170109 Re: Lorwey v. Mora Dear Ms. Rudebusch: An incident on December 6 has made it essential that a change be made in the manner in which Brooke is transferred between Ms. Lorwey and the Moras. Because of some confusion, the Moras were slightly late. Ms. Lorwey shouted and seized Mr. Mora by the penis. Mr. Mora pushed her away, and she called the police. She, of coutSe, gave a different story, but the local police know the truth. I suggest you speak to them if you doubt the facts. Ms. Lorwey has also threatened Mrs. Mora's life. We cannot allow Ms. Lorweyon any premises of the Moras, including the dance studio. PlellSe inform her that we are giving notice of this and that if she disregards it she will be charged with defiant trespass. We must make all future transfers in a completely public place to discourage the behavior described. The Kmart at the Summerdale Plaza is close to both parties and will serve well. If we hear no reasonable objection we will proceed on this basis. Please verify that Ms. Lowery has been informed that no trespass will be tolerated, lIS legal ethics, of course, forbid me from contacting her directly. '~i <, "~~"~_i/' 1''' , . ;9' Page 2 Ms. Lowery has also threatened to bring assault and battery charges. Counter charges would, of course, be brought. If you will speak to the local police, as I suggested above, I think you will agree that this would not be in her best interests. I hope you will so advise her. Very Truly Yours, Thomas C. Zerbe Cc: Edwin and Holly Mora File ~ . - ,- , -'~- - "N_~_" ,~, "'d'-''-n"-''' -"I'.,. _c 'c'''-'_''',,-, T-'-'~""'''''"'j.,,,,~'- '~,-'"'''''-"",-:0-i,--,.; ,1 c-_"';' \, I verify that the statements made in the foregoing petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unswom falsification to authorities. (:-"i~ ;{, ~~ EDWIN H. MORA ,"'~ ~~.i:<;,;.-'--n" ~r.~'f. -,. '.l !Ityv.~~ .. .;<;';~:ki '," __,,<C .~,~~~~;;.,-, J'[ -~ .... ...u... . .. ,~" _.~ ,",",,,,,", ~, ,., c> n'.' 0 C.::J c) So; r.J n :::,:.. . ., vc;,.' :(;:~ !:p c: L ""--",-' , 2: 'i: (j) (..; -< CJ r' i~; <, ;:::r" ):..-.,. ~~ - '-, -- 2 .~ c) > ,~ (jrn C 2 0 ~.;: ~ Lv ~ ~- ,,~, ~ ~- ~~, '~ ,,' . ~, -- *~fll i":' ~'~" BONNIE ANNIE LORWEY, Plaintiff v. IN THE COURT OF COMMON.PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7176 CIVIL TERM EDWARD HENRY MORA, Defendant PROTECTION FROM ABUSE IN RE: CONTINUANCE ORDER OF COURT AND NOW, this 13th day of February, 2002, the matter having been set for hearing at this time, David Lopez, Esquire, attorney for Legal Services, representing the plaintiff, having filed a written motion for continuance, that motion is granted and hearing in the matter is continued until Monday, March 18, 2002, at 2:00 p.m. in Courtroom No.3. Mr. Lopez was under the impression that the former attorney representing the defendant, Thomas C. Zerbe, Jr., Esquire, had negotiated a consent order on behalf of the defendant last week when he appeared in Legal Service offices and left with a draft consent agreement in which Attorney Zerbe had input as to the terms; therefore, Legal Services was not prepared to move ahead with witnesses at the hearing today. Meanwhile, defendant was not happy with the consent agreement and took it to his current attorney, John A. Abom, Esquire, on Thursday, showing him the proposed agreement to which the defendant did not agree. Mr. Abom did not bother to notify Legal Services that this matter would be contested today and, therefore, Legal Services did not bring their witnesses into court. While the Court is granting the continuance on the underlying petitiqn, we vacate all protective orders, temporary or otherwise, already issued in this case so that no PFA order is in existence pending the outcome of the March 18, 2002, hearing. "-''J ~avid Lopez, Esquire Mid Penn Legal Services For the Plaintiff ~ohn A. Abom, Esquire For the Defendant pcb r<1~\\ec\ o...~e.d -\- 0 psP .A c.p ~3 BY THE COURT, ) ~pie~ '1o.:\\ed O:l. -I q . 0 ;:( '1l.~S ~~ , P.J. t1: ,In,jiW~~~i\~iil@\&lMfiik!i-.;biA;l,MM';;;;"~!8I"h~M~,~~,;ii~i","!""'~:!Jl'r"'1h"k'&'',,""f,j]-ii'j~"WL-'r;.j\~;i!M~t " '1~~ts<!I!>_M~WMi!___ Vii',I"-/;'\-)r\SNi\i3d )Jc>_!in:cY~" .-, co.: .:::;;-'1?:n8 G fJ :[) ~,rj.:! - , ,'r: l"c: "I;" ",,~L,<~,JIJJljIU;1LJ,,1J! ,'"J,~,~, ,1 UI,llU~"M" """t,~,,~J.VIJ [,!,L"~!IlIIJII',,, M"" ",co. " , c, ,'", "", - ~"~. .- . l . ~ __Io.<"",,,,...,...,,,,,,.,~_ ~~, illI<.. .Mlti~gJc~Ii;!>&li\*,,' 02/20/02 WED 08:51 FAX 717 240 6573 CUMB CO PROTHONOTARY 141 001 ..' '... *************************** *** MULTI TN REPORT u* *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2982 [ Oll 9p2490779 [ 03]9p2405331 [ 04]92438026 PSP CP LS ERROR -. BONNIE ANN1E LORWEY, Plaintiff v. IN THE COURT OF COMMON rLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7176 CIVIL TERM EDWARD HENRY MORA, Defendant PROTECTION FROM ABUSE IN RE: CONTINUANCE ORDER OF COURT AND NOW, this 13th day of February, 2002, the matter having been set for hearing at this time, David Lopez, Esquire, attorney for Legal Services, representing the plaintiff, having filed a written motion for continuance, that motion is granted and hearing in the matter is continued until Monday, March 18, 2002, at 2:00 p.m. in Courtroom No.3. Mr. Lopez was under the impression that the former attorney representing the defendant, Thomas C. Zerbe, Jr., Esquire, had negotiated a consent order on behalf of the defendant last week when he appeared in Legal Service offices and left with a draft consent agreement in which Attorney Zerbe had input as to the terms; therefore, Legal Services was not prepared to move ahead with witnesses at the hearing today. Meanwhile, defendant was not happy with the consent agreement and took i~ to his current attorney, John A. Ahom, Esquire, on Thursday, showing him the proposed agreement to which the defendant did not agree. Mr. Abom did not bother to notify Legal Services that this matter would he contested today and, therefore, Legal Services did not ^. '. '~-",1~!}...'<l~ BONNIE ANNIE LORWEY, Plaintiff : In The Court of Common Pleas of : Cumberland County,Pennsylvania v. : Civil Action - Law EDWIN HENRY MORA, Defendant : No. 01-7176 : Protection From Abuse FINAL ORDER OF COURT Defendant's Name is: EDWIN HENRY MORA Defendant's Date of Birth is: January 19,1951 Name(s) of All protected persons, including Plaintiff and minor children: I. BONNIE ANNIE LORWEY Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: David Lopez, Midpenn Legal Services . Defendant appeared personally and is represented by: Jay Abom, Abom and Kutulakis AND NOW, this 19th Day of March, 2002 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff's request for a Final Protection Order is granted, after hearing upon fmding abuse within the PF A Act. Plaintiff's request for a final 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. " I~,",,'...,~^, . ".";"i."",,,,,,"'j,i<< 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. Plaintiffs current residence: 422 Duke Street Enola, P A Plaintiff's place of employment: Keystone Health 300 Corporate Center Drive Camp Hill, P A Defendant's non-harassing or non-threatening telephone contact and personel contact with Plaintiff at her home for the limited purpose of communicating information regarding the parties' minor child and/or exchange of custody, shall not be construed as a violation of this Order. 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 prohibited from having any contact with Plaintiffs relatives, excluding the parties' minor child. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant shall pay court costs and fees in the amount of $139.40 for sheriffs service fees, fIling fees, and a Pennsylvania State surcharge. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT ~, ~, L .....,;,~~c'*' 6. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 7. All provisions of this order shall expire on: September 19, 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. ~61l4. 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 ~~226l-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 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. ~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 Cumbelrand County Sheriff's Office 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 t.o 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. ~ L......= ~>~ '=--- , ,."".;J..,;,..",j,,,,,",,,,,,,,.,. 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. Distr' ution to: r Plaintiff: David A. Lopez, Attorney at Law MidPenn Legal Services 8 Irvine Row, Carlisle, P A 17013 (717) 243-9400 or 800-822-5288 ~ Defendant: JayAbom, Attomey at Law 8 South Hanover Street Carlisle, P A 17013 ~d & Mailed to PSP t r f:)~ 03-~O-O9- ~){S resident Judge __ ..__ H__.. ~ ~I~_' '~'~iII!.~!fuj!f;jJ~~~ti;lif;g,li,'"0.;l;;Mt,~.,;:i"0"",,,,,;,,~;;-,, ,;',;d",_,,'~~^ -~.",b;"'i,,;,"ffi.~t,iR'.,~jj,- ~ ~-- !, - ,".. ~" --, .",",,"'., ,'"- Ui~j(~-m;1'illlli-,..;-J511M~~~\L*_ ..,\ O~--' " '," ." ),\j":i~C' e \~'_\:;r\ 1..':";,',\::::' ,f'\f\') \',.' r \ t,\ ..:, .~ ,~~ , _ ~_M .' _ "_T.__~ " """<,,, _~ """'~iI'"-!>- =_.,~.". - _~, '-". "'. ". _"" _~ ,_ '~.' _~~, , .--:-:r " (~U ., '"H_' __.~__,~.<,"",""_""'. ,._. , u_" -~",~- -~. "-"''''', - - _.~ ""....~'"'.."..J... -" I _,__. ~'I I"..... - ""',-.~ 0'" ~ , ~ '".~ ~",",,,-~~J.~ 'J,"__,:,',. 03/20/02 WED 10:37 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 $$$$$$$$$$$$$$$$*$$*$$$$$$$ *** MULTI TN REPORT *** *************************** 01 ~711~ TX/Rx NO INCOMPLETE TX/RX TRANSACTION OK 3030 ERROR [ 01j9p2490779 I 03]9p2405331 I 04]92438026 PSP CP LS , , OFFICE OF 'mE PRCJI'H()\I()TARY CUMBERLAND CCXJNfY COURTIiOOSE ONE CCXJPTHOUSE SOUARE CARLISLE, PA. 17013-3387 (717) 240-6195 fAX (717) 240-657) V I ATE L E COP I E R W! FA STATE POLICE _ Cell/tlt,.1 I'N"'UA . M.P. J..J. FAX ~: 711-249-0779 l"RCM : CURTIS R. LONG RE: P!'A ORDERS MESSAGE: 4- NO. OF PAGES (INCLUDING COVER SHEET) This ~ is intero;n cnly fir ITe U'1e of tte irdiviJiill c.r. mtil;y to \>llli;h is is cd.b.-...d, cn:!1Taj antWI infulJmtim ttet is p:ivila;p:l, o:nfid31tial an E'l<EfI\X fron (ji.....l....,n:e i,rW:- 'U'l ,,,*,lp la-l. If tl19 ~ of tI1is ~ is IDt tl"B inte'ffi:l mcipia:lt, 'JUl are ~ rotififd trot ~ ~ticn. dist:tilI.rt:io IT" o::p,tirg cf 1.:his CCIlllUticotim is str::ict1y~. If ',OJ t'eI.e m:ciw:J lh.lB rrmn nir.,~in; in er:nx. ~ !rtitV \.E imT6i1ately ~ teJ.et:h:re ad rebJrn tie a:ig:iJ;3l1l YJ" to lS ill 1_' I. '.-- ~"",~';';'''i!'''ll''''''.o- BONNIE ANNIE LORWEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01-7176 CIVIL TERM EDWIN HENRY MORA, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Bonnie Annie Lorwey, by and through her attomey, David A. Lopez of Mid Penn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on December 26,2001, scheduling a hearing for Wednesday, January 3, 2002, at 3:30 p.m. 2. An Amended and Continued Temporary Protection From Abuse Order was issued on January 3, 2002, rescheduling the hearing for February 13, 2002, at 2:30 p.m. 3. Defendant initially retained Thomas C. Zerbe, Jr., Attorney at Law to represent him in the matter. Mr. Zerbe was continuing to work with Plaintiff's attomey, David Lopez, to negotiate a settlement in good faith. 4. MidPenn Legal Services was informed on February 12,2002, that Thomas Zerbe, Jr., Esquire, no longer represents Defendant in this matter. Additionally, on February 12,2002, after business hours, MidPenn Legal Services staff was informed that Defendant has retained John Abom, Esquire, to represent him in this matter. Defendant's attorney has since notified this office as to their intent to contest the Temporary Protection From Abuse Order. ., " ,_ 'H ,..-~>~ '..b.,il;c""""l~~"",.,i. 5. MidPenn Legal Services is requesting a Continuance to afford them time to prepare Plaintiff and witnesses for a hearing, or possible further negotiations for a settlement in this matter. Defendant's counsel does not concur with the entry of a Continuance in this matter. 6. Plaintiff requests that the Amended and Continued Temporary Protection From Abuse Order entered on January 3, 2002, remain in effect for a period of 18 months from the date the Temporary Protection From Abuse Order was entered on December 26, 2001, through June 26, 2003, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing on March 25, 2002, and that the Amended and Continued Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date the Temporary Protection From Abuse Order was entered, through June 26, 2003, or until further Order of Court, whichever comes first. David A. Lopez, Attomey MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ^'),~ 1\ _'il~d~"~~~~~N~&J!!.Il>:~gr>-l,;g,~~b_";~h'_,""_';;~;~"'!9,,"-i~~:wmR~~~~~!<cll!~,{if~~~' ,~, ~, " ~~,-' ~,1J.._",._V_:U!;l~M,*,~,_.lIJJ, .,J,;,UJ,UCl-",,,~~-,- ,.f _,"",",_~,i;"c:, .' _L,,_~, " ]L~. '0'.."',;. ~'''''~) ~[",_~~')>"~} . ~)U.l)J _~-.-I!"o_"..,~, ) t, ~",._."."_,-, ~"- __-,,,,,.1._. '..iliiUllJil:liJdlital . o c- ~'::,~' 2~iH' g~ S~~' ~r -.c". ~,,- :3 , (.:J C) r,.) -" rq '.::; <:.....: ~ -t'.:r c':;- N , r---. :;; ::.'] -< J,)"".l__JAL - ,.{l:-<-___'___..~",r,',',;..~_tel;;-v, b~'.~~_~ . ~. ~. -'1".. ''', J., k.". .~ - ~~I L ",",.", : . "'~;:J~,,'_': BONNIE ANNIE LORWEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01-7176 CIVIL TERM EDWIN HENRY MORA, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Bonnie Annie Lorwey, by and through her attorney, David A. Lopez of Mid Penn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on December 26,2001, scheduling a hearing for Wednesday, January 3, 2002, at 3:30 p.m. 2. An Amended and Continued Temporary Protection From Abuse Order was issued on January 3, 2002, rescheduling the hearing for February 13,2002, at 2:30 p.m. 3. Defendant initially retained Thomas C. Zerbe, Jr., Attomey at Law to represent him in the matter. Mr. Zerbe was continuing to work with Plaintiff's attorney, David Lopez, to negotiate a settlement in good faith. 4. MidPenn Legal Services was informed on February 12, 2002, that Thomas Zerbe, Jr., Esquire, no longerrepresents Defendant in this matter. Additionally, on February 12,2002, after business hours, MidPenn Legal Services staff was informed that Defendant has retained John Abom, Esquire, to represent him in this matter. Defendant's attorney has since notified this office as to their intent to contest the Temporary Protection From Abuse Order. ':1 I~ ~, ~ l _ ., ~ >.J~",""'''_o..'' 5. MidPenn Legal Services is requesting a Continuance to afford them time to prepare Plaintiff and witnesses for a hearing, or possible further negotiations for a settlement in this matter. Defendant's counsel does not concur with the entry of a Continuance in this matter. 6. Plaintiff requests that the Amended and Continued Temporary Protection From Abuse Order entered on January 3, 2002, remain in effect for a period of 18 months from the date the Temporary Protection From Abuse Order was entered on December 26, 2001, through June 26, 2003, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing on March 25, 2002, and that the Amended and Continued Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date the Temporary Protection From Abuse Order was entered, through June 26, 2003, or until further Order of Court, whichever comes first. David A. Lopez, Attorney MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ~ I~~~," , ~- , ' . ., ,'-, ~~~""I BONNIE ANNIE LORWEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01-7176 CIVIL TERM EDWIN HENRY MORA, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Bonnie Annie Lorwey, by and through her attorney, David A. Lopez of Mid Penn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on December 26,2001, scheduling a hearing for Wednesday, January 3, 2002, at 3:30 p.m. 2. An Amended and Continued Temporary Protection From Abuse Order was issued on January 3, 2002, rescheduling the hearing for February 13,2002, at 2:30 p.m. 3. Defendant initially retained Thomas C. Zerbe, Ir., Attorney at Law to represent him in the matter. Mr. Zerbe was continuing to work with Plaintiff's attorney, David Lopez, to negotiate a settlement in good faith. 4. MidPenn Legal Services was informed on February 12,2002, that Thomas Zerbe, Jr., Esquire, no longerrepresents Defendant in this matter. Additionally, on February 12, 2002, after business hours, MidPenn Legal Services staff was informed that Defendant has retained John Abom, Esquire, to represent him in this matter. Defendant's attorney has since notified this office as to their intent to contest the Temporary Protection From Abuse Order. '" ' ,:., - "llJ~",-!~,#.k,,\.;- 5. MidPenn Legal Services is requesting a Continuance to afford them time to prepare Plaintiff and witnesses for a hearing, or possible further negotiations for a settlement in this matter. Defendant's counsel does not concur with the entry of a Continuance in this matter. 6. Plaintiff requests that the Amended and Continued Temporary Protection From Abuse Order entered on January 3, 2002, remain in effect for a period of 18 months from the date the Temporary Protection From Abuse Order was entered on December 26, 2001, through June 26, 2003, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing on March 25, 2002, and that the Amended and Continued Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date the Temporary Protection From Abuse Order was entered, through June 26, 2003, or until further Order of Court, whichever comes first. ly submitted, David A. Lopez, Attorney MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 "f " I I. ~L ~ , " ,~' " , . " ~L~\!I.Il"",',W; BONNIE ANNIE LORWEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01-7176 CIVIL TERM EDWIN HENRY MORA, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Bonnie Annie Lorwey, by and through her attomey, David A. Lopez of Mid Penn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on December 26,2001, scheduling a hearing for Wednesday, January 3,2002, at 3:30 p.m. 2. An Amended and Continued Temporary Protection From Abuse Order was issued on January 3, 2002, rescheduling the hearing for February 13, 2002, at 2:30 p.m. 3. Defendant initially retained Thomas C. Zerbe, Jr., Attorney at Law to represent him in the matter. Mr. Zerbe was continuing to work with Plaintiffs attomey, David Lopez, to negotiate a settlement in good faith. 4. MidPenn Legal Services was informed on February 12,2002, that Thomas Zerbe, Jr., Esquire, no longerrepresents Defendant in this matter. Additionally, on February 12, 2002, after business hours, MidPenn Legal Services staff was informed that Defendant has retained John Abom, Esquire, to represent him in this matter. Defendant's attorney has since notified this office as to their intent to contest the Temporary Protection From Abuse Order. ,e . - 0,1 ~ '" "","0,,-, ,.~, fl:~_,~Si' I , 5. MidPenn Legal Services is requesting a Continuance to afford them time to prepare Plaintiff and witnesses for a hearing, or possible further negotiations for a settlement in this matter. Defendant's counsel does not concur with the entry of a Continuance in this matter. 6. Plaintiff requests that the Amended and Continued Temporary Protection From Abuse Order entered on January 3, 2002, remain in effect for a period of 18 months from the date the Temporary Protection From Abuse Order was entered on December 26, 2001, through June 26, 2003, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing on March 25, 2002, and that the Amended and Continued Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date the Temporary Protection From Abuse Order was entered, through June 26, 2003, or until further Order of Court, whichever comes first. lly submitted, David A. Lopez, Attorney MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 1-.., - " '", -,~ '- :' 1_. ~, j,j, '''Ai BONNIE ANNIE LORWEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 01-7176 CNIL TERM EDWIN HENRY MORA, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Bonnie Annie Lorwey, by and through her attomey, David A. Lopez ofMidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on December 26,2001, scheduling a hearing for Wednesday, January 3, 2002, at 3:30 p.m. 2. An Amended and Continued Temporary Protection From Abuse Order was issued on January 3, 2002, rescheduling the hearing for February 13, 2002, at 2:30 p.m. 3. Defendant initially retained Thomas C. Zerbe, Jr., Attomey at Law to represent him in the matter. Mr. Zerbe was continuing to work with Plaintiff's attorney, David Lopez, to negotiate a settlement in good faith. 4. MidPenn Legal Services was informed on February 12, 2002, that Thomas Zerbe, Jr., Esquire, no longer represents Defendant in this matter. Additionally, on February 12, 2002, after business hours, MidPenn Legal Services staff was informed that Defendant has retained John Abom, Esquire, to represent him in this matter. Defendant's attorney has since notified this office as to their intent to contest the Temporary Protection From Abuse Order. - " ~ I ~ , , ~ : '",;~',,- .' .,; '1U~""~",,,<-i 5. MidPenn Legal Services is requesting a Continuance to afford them time to prepare Plaintiff and witnesses for a hearing, or possible further negotiations for a settlement in this matter. Defendant's counsel does not concur with the entry of a Continuance in this matter. 6. Plaintiff requests that the Amended and Continued Temporary Protection From Abuse Order entered on January 3, 2002, remain in effect for a period of 18 months from the date the Temporary Protection From Abuse Order was entered on December 26, 2001, through June 26, 2003, or until further Order of Court, whichever comes fIrst. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing on March 25, 2002, and that the Amended and Continued Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date the Temporary Protection From Abuse Order was entered, through June 26, 2003, or until further Order of Court, whichever comes fIrst. lly submitted, David A. Lopez, Attorney MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ..",~""""' ,~ .~I ^.~-<>.""","j_" .L... , '~ill!i!o<I"'''~>1L_~o'i,,\,>-.,,g-,' L -. ,~. ~" " . , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BONNIE ANNIE LORWEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW EDWIN HENRY MORA, Defendant No. 01-7176 PROTECTION FROM ABUSE ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for Defendant, Edwin Mora, in the above-captioned matter. Respectfully submitted, ABOM & KUTULAKIS Attorney for Defendant D",d :;<13/0 &- ",",.,---..,.-.- J]LIUJi!." h ~il#,~,-~"",".1 .l h t.'""'I' '- '~ "!&ltli\;f.~ ..- . t"~ CERTIFICATE OF SERVICE I, John A. Abom, Esquire, hereby certify that I did serve a true and correct copy of the within ENTRY OF APPEARANCE attorney for Plaintiff BONNIE ANNIE LORWEY, by hand carrying a copy to MidPenn Legal Services, 8 Irvine Row, Carlisle, P A 17013 addressed to David A. Lopez, Esq. Attorney for Defendant L:~,rd2_j<<l:;.\n",\~"~,,~{"'"',l''' ,.,,<t,,~O'o;'iJ",",1"j;j,~!l!;~jr_u~~j~',;;%?j,;;1'i,~'~"---- ~,,,,"-,,'i:id..;_ ~lili ltiiirim!'<:f" ~.,., . - , ilW.'mdIt'ii'!'t;"";_"".Qi,~;W~^""j$~,i,:."iil;-;i!lRjIiM~~O@&ll~~' " -;'-::;1-', Q)(; ~~, i:~~,' ~c.-; .~ ~t~ =d Q >- o [\,) ." ,'1 UJ c....:; co ::n ('.0 ~ BJ.! "~~>~,~~~o,_ _"",~-""" ,. ,.,. _""~,_." "~.\"~ ._ ,,~. _ ;.cef",,? ,~"Q""'.'.r.~ ,",,,,,,,"]L,.,. ,',,,",', ".' )" """,,,;J ~_t~,j.r- ,J!..l:~).~l.!LJ,[,,~~'~, -~"; ',.., "",)",..J.J!;l[, U. ,1: [l.It,,-~ ~L.~,." ~"~ !l:" ,-=--) ;j c.:;' ~~} :';'J -< .11 1~L.L..1.. .!li ' . ~ ~ I 0 ". _ I ," I '. 0" .. ~.'., ~ " ""'. b;" "::i!f" BONNIE ANNIE LORWEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO.~VIL TERM : PROTECTION FROM ABUSE EDWIN HENRY MORA, Defendant 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 the 3',,4JdaYOf Courtroom No. -::J.- on the 4th Floor of the Cumberland County Co rthouse,l Pennsylvania. ~t l::),9 .,Ill. in 6urthouse Square, carlisle, You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months injail under 23 Pa.C.S. g6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. g2265, this Order is enforceable anywhere in the United 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. g 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 faciiities 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_ .C., :;.,_;c ",-.~ --~" - .,-~-,._L." "- 'P-"",J:' BONNIE ANNIE LORWEY, Plaintiff : In The Court of Common Pleas of : CUMBERLAND County, v. : Pennsylvania : Civil Action - Law EDWIN HENRY MORA, Defendant ; No. 01- '1 r~ : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is; EDWIN HENRY MORA Defendant's Date of Birth is: January 19, 1951 Name(s) of All protected persons, including Plaintiff and minor children: 1. B~~ANNIE LORWEY AND NOW, on~Day of December, 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. ., <" "'. .'" o > .'.,"'.- 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 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 current residence located at 422 Duke Street, Enola. Plaintiffs place of employment: Keystone Health 300 Corporate Center Drive Camp Hill, P A 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 is prohibited from having any contact with Plaintiffs relatives. Defendant is ordered to refrain from harassing Plaintiffs relatives, including the parties' minor child. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP 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. 7. THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JUNE 26, 2003 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT ~ i",-,'- "':mt~*~;;"., '-. 0', ',- ;'~~~Ji~~~jL2':~'; "~', ,_~ ~_, .,'~ _: ,-, _ ---c- . .-~__ ~-~: ~ibV_",4'_ ,"",,"~fd'."~-~' "~" Cumberland County Court directs that you appear in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania for a Pretrial Conference on ikl ol o 8:30 a.m. 0 12:30 p.m. You are further directed to appear for Trial on 5'UJ OZ-- at 9:00 a.m. If you fail to appear on either date, a Bench Warrant will be issued for your arrest. f:>\,:' I' ~:- ~: ! !if ~ I: r t I I I I _~e ~ , , --,'-ILo .,',' ""'".'-~ 'w.-,'~, ' ,',' ,. , L,~ t I:lihlif:';,; Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 96114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. 96113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 V.S.C. 992261- 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 I through 3 of this Order, defendant shall be arrested on the charge ofIndirect 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. Judge ~ Distribution to: David A. Lopez. ~ fgJ. ~ ~ fM,~.. jLii Iki, Attorney for Plamtiff ~ MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Faxed & Mailed to PSP - 1.:1)';27/01 @ ~~..7# "-11' /)1P1~ ~ ~1i~~jO"".Jlr.i*,~j~~m~I<,;;'M""'Ii:~~.&';l'ili~il~i'I<1h;wri~1:<l-W1<!~,ds:;.i"'\'!;.;.+c.;,,#"'t'P/'?JI;ilA!.i!",,",~_"!i,ililfi:lllimi~illli;M.w;'tW~M'JW~~ll10.b tl&lll )';1,_~RL.JJLJ,jULJiIU.ltL,__ J~lU_,=~:.J,..,L;~I!t~U, Jh.f"L:_~,J~w..JJ!LUlLJl-J ~"J.. L~l,.,~,~;t1;,,;:;~ ;!k",), J; v"qI'N_'--"'" 'II\t-."'iI\\Q~.~~~~v'~f\;) f..\.i\\i\O~ .,., I ,I (, :Y3G \ I] , " .., \<d .' \'.:1>0 .> '\"'\.'::j"~:> f\Qi- .-"n',.\ ::':,.J' . . . -',. . :(~~.f d~i'Y', ,,.. j'..) , ~"", .',__' _~. "'='" ,_mQ.""".-,), ~,T~---:.1 .. >i~,.~- ~ .JJif ,,_~_,_ ',' ,,~,_J,J.ll~L.~.J,,", _~,~''''~, _~_,:rn~]., ,.' H "JHL "- - ~ ~.~ - .~ I ,~ - -,' c' ",'- '. ,,,,' ",,';~'~,' -i-..,-:!'il. ':~l';:~ PFAD Number: GB13858l9M BONNIE ANNIE LORWEY, Plaintiff : In The Court of Common Pleas of : CUMBERLAND County, v. : Pennsylvania : Civil Action - Law EDWIN HENRY MORA, Defendant : No. 01- : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE I. Plaintiff's name is: BONNIE ANNIE LORWEY 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. BONNIE ANNIE LORWEY 4. Plaintiff's Address is: 422 Duke Street, Enola, PA 17205 5. DefendMt's Name is: EDWIN HENRY MORA 6. DefendMt is believed to live at the following address: 911 Valley Road, Enola, P A 17205 ~ ~ " I .~ "'''~ .: ,"^,,'- ,. . "" ~ " ":~ 7. Defendant's Date of Birth is: January 19, 1951 8. Defendant's Place of employment is: unemployed 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Parents of the same children Persons who live or have lived like spouses 11. The Plaintiff and the Defendant been involved in the following court actions: a. Support b. Custody 12. Other details of the court action are: MORA v. LORWEY, Custody, York County, Pennsylvania, Docket No. unknown. LORWEY v. MORA, Support, York County, Pennsylvania, No. 92-SU-039876-03. 13. The defendant has not been involved in a criminal court action. 14. Plaintiff and Defendant are the parents of the following minor child/ren: a. BROOKE ANNE LORWEY Age: 10 years old Child's address is: 422 Duke Street, Enola, P A 17025 15. There is an existing court order regarding the custody of the Plaintiffs and Defendant's minor children. The terms of the order are: Mother has primary custody of the minor child, and the father has partial custody set out in a Custody Order. County: York State: P A ~ .%'-- ,. ~ ~ ""--'';:'__~'._'Oq_-''. -'. -I ~~.i!Jjd {~ 16. The facts of the most recent incident of abuse are as follows: On about Thursday, December 06, 2001 at approximately 8:30PM location: 911 Valley Road, Enola, PA, Defendant's residence. DefendilJlt called Plaintiff vile names, and punched her in the face, causing her to stumble backward and twist her ankle. As Defendant turned away from Plaintiff, he grabbed his genitals and said to her, "bite me." Plaintiff sought medical treatment for her injuries. Plaintiff telephoned 911 for help. The East Pennsboro Township Police responded. Plaintiff sustained scratches, bruising, swelling and soreness about her face and jaw, bruising, swelling and soreness. about her ankle, and soreness about her neck as a result of this incident. 17. The police department( s) or law enforcement agencies that should be provided with a copy of the protection order are: EAST PENNSBORO TOWNSIDP POLICE DEPARTMENT 18. There is an immediate and present danger of further abuse from the Defendant. 19. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Medical expenses Plaintiff incurred related to medical treatment she received for injuries she sustained as a result of the incident which occured on or about December 6, 2001, and lost wages. 20. 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 child/ren. c. Prohibit Defendant from havin'g any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. e. Order Defendant to pay the costs of this action, including filing and service fees. . ,. ~~ 1..-, .,', v -.,--' ~~ ""r'h(Jm>'::' f. Order the following additional relief, not listed above; Order Defendant to refrain from harassing Plaintiffs relatives, including the parties' minor child. g. Grant such other relief as the court deems appropriate. h. 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 esidence, where Defendant can be served. David A. Lopez Agency: Joan Carey Philip C. Briganti Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 or 1-800-822-5288 Respectfully Submitted by; - '" ", . /-~" -01- ;- _ - ~ " :, I -:":',,'_g'. "".'C'_ ._'-1 ~ ~..j'M,j . 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 of18 Pa.C.S.g4904, relating to unswom falsification to authorities. Dated: 10;/ /7jo! J3pPutj;(J~ft~ CBonnie Annie Lorwey, Plai ,^,t;",-".}.d~"i4,,~~-P!~_'i?-4~;iit_:d!<\ln:'fq)7""'---=~""~"''''w.loi;fi>ll~~j' rr-,'."-li! IIII!IL . \-'\ ~ ':-() 0 C' Ci _e C - " L'~ 0 --I ,~ P1 ~hFU tfi ri~ ,-, ;S? ~?:.:JJ!i !'" -.,til Z>- ~~~6 en ...:; en :=;; ,c_ tP r:c ~,- "" -a "T, ~o _..~ -"i'i :r. ~(~) ~d r:-? Om >-c --, ~ :.n ~ .::- .=~~~~~"''''''''',', _"""^ ".~~ f,~,,', To",'"' __~. ,w"" .~., ,:r..=..".. '"',~,"," ""r,'-", "', A'," '''''',"''. ,~ ','~ ~._~. _. - - --- -,,- -- ~. . 17'-.....~'~'"k~ 12/27/01 THO 15:23 FAX 717 240 6573 cmm CO PROTHONOTARY @J001 . *************************** *"* MULTI TN REPORT *u *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2914 [ 01]9P2490779 [ 03]9p2405331 [ 04192438026 PSP CP LS ERROR . , OfFICE Of 1HE PRarnQlOI'AR'f CUMBERLAND CXXJNTY COUR'lHaJSE OOE COUR1."HCOSE SQUARE CARl.ISLE, PA. 17013-3367 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R TO: PA S'l'A'I.'E POLICE - Cell". ,q,.ee'~. - 111. fJ. 1...$ . FAX #: 717-249-0779 .- FRa1: CURTIS R. LONG RE: I?FA ORDERS MESSAGE : --3---- 00. OF PAGES (INCLUDING COVER SHEET) This ~ is intErd;;d cnly ti:lr: lte l.OO of t:t:e in:lividal cr EIltity b;) \ot1ich is is oll. " GI'd IIEfi CQ'Itain infurrBt:im ttet is p:ivileg;rl. anfiO;ntial aU 8Imp: fum di&"'1""'.Jm l.r"lEr 'WI il'>'hI~ llw. If ttB ~ of this ~ is rot tiE intBlkl moipimt. y;u am ~ rotif.ia:lltat"", ~tkn, distxib.Itim cr o:prirg ci'. this <X\'llIU\iretiO'\ is sb:ictlyprlUbitsi. If yoJ I-fM! recciva:l ltUs a:mnnir.3tim in em:r. ple;Jse rot:ify lS imra:lialEly I::!f lIili;p'l:re on:l tetLu:n tie crigin;ll "" -.y" ID LG at ~ cto..-:.,. ~ vi~ tip f!.~ n"J;:h:ll .con....;--.. "1'1-.-.J_ ...... - ~~~- I 0 ~~" ' '~, <"~ '1:1- '=-'-t1~'<' -~'-I1~~!, o :0 BONNIE ANNIE LORWEY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PROTECTION FROM ABUSE EDWIN HENRY MORA, DEFENDANT NO. 01-7176 CIVIL TERM PARTIAL TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE GEORGE E. HOFFER, P.J. Cumberland County Courthouse, Carlisle, Pennsylvania, on March 18, 2002, in Courtroom Number 3. APPEARANCES: David A. Lopez, Esquire For the Plaintiff John A. Abom, Esquire For the Defendant O.RI:..G.J.N.AL . r~ 'c_ -, '-",,,A':, o '^.' \iJ PARTIAL INDEX TO WITNESSES FOR PLAINTIFF DIRECT CROSS Bonnie Annie Lorwey 4 11 "0 'L "' -'0 "",,,.,,-I-:!lit'--'i~'~, o o 1 March 18, 2002 Carlisle, Pennsylvania (The following proceedings were held at 2:05 a.m.) 2 3 MR. LOPEZ: Good afternoon, Your Honor. 4 THE COURT: What is this? 5 MR. LOPEZ: We are here, Your Honor, on a PFA, 6 Bonnie Lorwey versus Edward Henry Mora. We would like the 7 entry of a final order, Your Honor, and prepared to proceed. 8 THE COURT: Tell me what you want? 9 MR. LOPEZ: We are seeking to have the defendant 10 not abuse, harass, stalk or threaten the plaintiff. We are 11 seeking costs related to this action; no contact, except 12 contact regarding the custody matters relating to a 13 nine-year-old child; and that it last for a period of 18 14 months. 15 THE COURT: You are not inclined to enter any kind 16 of an order without an admission, counselor? 17 MR. ABOM: That is correct, Your Honor. 18 THE COURT: What is the sticking point with you? 19 MR. ABOM: Your Honor, I don't want to get into 20 the full history of these two parties, however, Mr. Mora is 21 concerned that with a protection from abuse order in place, 22 although he doesn't have any intent to cause any harm to Ms. 23 Lorwey, he is concerned that based on the history between 24 these two folks that it wouldn't be unusual for her to make 25 further accusations of his violation of the PFA and then he 3 'f!; . ;". p----;..;;- ,1- - , -~""".r)j ("'I - o 1 would be susceptible to going to jail and does not want that 2 possibility to exist. 3 THE COURT: You have the floor, counselor. 4 MR. LOPEZ: Your Honor, we would like to call our first 5 witness, Bonnie Lorwey. 6 BONNIE ANNIE LORWEY 7 having been duly sworn, testified as follows: 8 DIRECT EXAMINATION 9 10 BY MR. LOPEZ: 11 Please state your full name for the record please? Q 12 Bonnie Ann Lorwey. A 13 Q Spell your last name? 14 A L-O-R-W-E-Y. 15 Q What is your current address? 16 422D Duke Street, Enola, Pennsylvania. A 17 Q What is your relationship to the defendant? 18 He is my daughter's father. A 19 Q What happened on the evening of December 6? 20 A I was dropping my daughter off at his home so that 21 she could continue her visitation with him when he came out of 22 his house and struck me with a closed fist and assaulted me 23 also verbally as well. 24 Q Can you go into further detail as to what 25 tran$pired when you left your child at his door? I 4 '"~ .. A ~'.'----.' ,.,,",, - -. _oo~~; o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 A Brooke and I got out of the car, walked over to about 4 to 5 feet away from his door and said our good-byes, she rang the doorbell. After sometime he came and answered the door, opened the door for her, she went inside and closed it, he told her to go to her room. I was still outside, still the same distance, 4, 5 feet away from the door. There had been an incident that day where she was left stranded at school and I mentioned to Mr. Mora that I felt that was inappropriate because I could not reach him and that under the circumstances I need to alert my attorney to this and started to walk away. Q Then what happened? A At that time Mr. Mora came out of his house, started calling me obscenities, threatening me, butting me 15 with his abdomen, knocked me off balance. At that point he 16 closed his fist and punched me on the left side of my face 17 knocking me down on to my haunches. I was doing everything I 18 could not to land on to the ground because I felt if I did he 19 would be kicking me and I wouldn't be able to get back up. 20 Q What kind of things did he call you? 21 A I don't like to say these words but if I could 22 spell them, can I do that? 23 That is fine. Q 24 A I don't like to talk like he was talking. He 25 called me a F-U-C-K-I-N-G, B-I-T-C-H, he called me a C-U-N-T. 5 J< . ,. ..""""'>.,,~,-""., ....~; f'l ........ 0;. . 1 Those are the things that I remember, he said a lot of things, 2 but those are the ones that stick out in my mind and he 3 threatened bodily harm. 4 After he threatened bodily harm, you said he Q 5 punched you and you were trying to keep your balance, what 6 happened after that? 7 He butted me back with his abdomen, he did that A 8 several times, which I was already off my balance then; and 9 then he punched me and I went down -- twisted my ankle, I 10 could feel a pop and a crunch in my ankle. Then I struggled 11 to regain my balance as I was trying to work my way to my car 12 and he was still coming at me and he had his fist raised to 13 hit me again and I pulled my phone out of my pocket and said I 14 am calling the police, I am calling the police; and then he 15 raised his hands and backed away from me, went to his front 16 door, turned and grabbed his privates and told me to bite him. 17 Q what happened after that, what did you do? 18 A I called 911. I tried to call 911; the phone is a 19 new cell phone and I was not familiar with it and I think I 20 forgot to push the call button. So I dialed 411 and got AT&T 21 and the AT&T operator connected me with the police station. 22 Q Did the police arrive? 23 A Yes. 24 Q what happened when they arrived? 25 A I tried to explain to the officer what had 6 ~ ~ '_ ., L _^, f',I_. ~"'~~;;'i o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 happened. He went in and spoke with Ed at some point. Then when he came out from Ed, talking to Ed, the officer said, Well, he claims you grabbed his crotch, and there was some other discussion because I said, Well, I want him charged. And he said, Well, I am going to charge you if I charge him. I said, Then go ahead, because I know what he did and I know what I didn't do. I also -- I said to the officer about going to the ER for some treatment. And he said, Well, you can go if you want. Q All right. Did you seek medical attention? A Yes, I did. Q Where? A I went to the Harrisburg Hospital. I was familiar with -- after speaking to my physician and having worked with an inner-city clinic, I knew that they had a resource for domestic violence and abuse, that people had been trained, I had taken the training with them myself. So after discussing it with my doctor, I went to the Harrisburg ER because I felt I could get the best care there. 20 Q All right. What were you diagnosed with? 21 MR. ABOM: Objection, Your Honor. 22 THE COURT: Pardon? 23 MR. ABOM: If a doctor has diagnosed her with some 24 sort of injuries, at this time I am not aware of it, and I 25 also think that is hearsay. She can describe her own 7 . '" ->"'-~ 'J',"-","'" '. "",~.j",,,~'l/-- ;;~oj o o 1 injuries, but I don't think she can describe what a doctor 2 told her she had. 3 THE COURT: He objects, it is hearsay, what is 4 your response? S MR. LOPEZ: I will withdraw the question and 6 restate it. 7 THE COURT: All right. S BY MR. LOPEZ: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What were the symptoms or what around your body were the various injuries? A There were a couple things. First, the injury to my face. Initially, it was just getting swollen. I had said to the officer at the time, you know, I had makeup on so you might not be able to see everything. By the time I got to the ER it was swollen like this and I was having trouble opening my jaw. I was having a lot of pain in my ankle and there were X-rays done. I am still in physical therapy for the injury to my ankle. MR. LOPEZ: Your Honor, we have medical records that have been sealed. THE COURT: Keep your voices up. MR. LOPEZ: We have medical records here provided by Harrisburg Hospital, which I am opening up. If we could have this as Plaintiff Exhibit 1. (Plaintiff's Exhibit No.1 marked for 8 ''-~ . ~- ~-,,- ._o'-.o-_,_~ -L~, ~ - o 1 identification.) 2 MR. ABOM: Your Honor, may I state an objection 3 and question the relevance? 4 THE COURT: I don't know what he is doing. 5 MR. ABOM: All right. 6 MR. LOPEZ: I am going to present them to Your 7 Honor. 8 THE COURT: Are you offering an exhibit? 9 MR. LOPEZ: Yes, I am, Your Honor. 10 THE COURT: He has made an offer of Plaintiff's 1. 11 MR. ABOM: I object to the relevance. 12 THE COURT: The relevance? 13 MR. LOPEZ: The plaintiff sought medical 14 attention, she went to the hospital, there is a report of her 15 16 THE COURT: You lose on relevance. Do you have 17 something else? 18 MR. ABOM: It is hearsay, any diagnoses that are 19 contained in those documents, if it is made by a medical 20 personnel. 21 THE COURT: That is a better objection, counselor. 22 What is your answer to it? 23 MR. LOPEZ: Your Honor. 24 THE COURT: Do you have an exception under the PFA 25 Act to get these in somehow or some other reason? 9 1\,% -'~ o ^ IJ,J 1 MR. LOPEZ: I can't think of an exception right 2 now. 3 THE COURT: I have to sustain the objection to it, 4 sir. 5 MR. LOPEZ: All right. 6 BY MR. LOPEZ: 7 Q After that incident, were there further threats or 8 have there been other threats besides that incident? 9 There have been in the past. There have A 10 MR. ABOM: Objection, relevance, this proceeding 11 concerns only one incident that is contained in the petition. 12 THE COURT: There is only one incident alleged, 13 sir. 14 MR. LOPEZ: Yes, Your Honor, all right. 15 BY MR. LOPEZ: 16 Q Did it hurt when you were struck by Mr. Mora? 17 THE COURT: I didn't rule on anything, I just 18 pointed out the state of the record. What is your next 19 question? Did you hear the question? 20 A Can you repeat it, please. 21 BY MR. LOPEZ: 22 Q When you were allegedly hurt by Mr. Mora, did it 23 hurt 24 A Yes. 25 Q -- when you were struck by him? I 10 ~~ > ~- ^-"&MI.~i.,r;: o o 1 A Yes. I was in fear for my life. 2 Q Are you afraid of him now? 3 A Yes. 4 MR. LOPEZ: No further questions. 5 CROSS-EXAMINATION 6' 7 BY MR. ABOM: 8 9 10 11 12 13 14 15 Q Ms. Lorwey, if you could, for the record, what is your daughter's name and what was her date of birth? A Brooke Ann Lorie Mora, she was born July 8, 1991. Q It is fair to say that after your daughter's birth you and Mr. Mora remained together, although not married, remained together for approximately a year, correct? A Yes. Q Then the first custody proceeding between you and 16 Mr. Mora 17 correct? 18 A 19 Q 20 A 21 Q 22 correct? over your daughter, Brooke, was in December of 1992, It was about that time. There were several times. Do you remember one towards the end of 19927 Yes. Then there was another one in November of 1993, 23 24 A Q Yes. And then there was another one in York County in 25 May of 1996, correct? 11 111, - -" . -" . '" - [ar-~ -, 1ii; o o 1 MR. LOPEZ: Your Honor, objection, relevance. 2 THE COURT: Sir? 3 MR. ABOM: Your Honor, I am just establishing 4 motive for falsification. There has been a serious ongoing 5 dispute between these two parties over their daughter and this 6 continued all the way to the day in question and we would 7 allege that -- in fact, there is an ongoing custody matter as 8 we speak before Judge Oler; and we would assert that this 9 arose due to the unsuccessful nature of Ms. Lorwey's 10 petitioning to obtain full custody of her daughter. 11 THE COURT: Unsuccessful? 12 MR. ABOM: I am just 13 THE COURT: What is the last order? 14 MR. ABOM: Sorry? 15 THE COURT: What is the last order? 16 MR. ABOM: The last order was from October of 17 2000, which required a doctor to do a background study. 18 THE COURT: That isn't what I am asking you, 19 counselor. 20 MR. ABOM: The preexisting order was last modified 21 in April of 1997 it is my understanding, but there has been a 22 modification filed that is still pending. 23 24 THE COURT: What is it? MR. ABOM: Your Honor, it is a shared custody 25 arrangement whereby Mr. Mora has the daughter for 12 ~-': __, , _'0"'-'- ""',"..,~ ~~.:",_ _'~~! o o 1 .approximately 5 out of 14 days, and he has her every other 2 week during the summer school vacation. 3 THE COURT: Does that go with what you know, Mr. 4 Lopez? 5 MR. LOPEZ: I am not aware of the full details of 6 the current custody order. 7 THE COURT: Is that a no, you don't know, or you 8 do know? 9 MR. LOPEZ: No, I do not know what the current 10 custody provisions are. 11 THE COURT: I will take that representation as 12 accurate until you show me otherwise. with that in mind, she 13 has a current custody petition going in Cumberland County. 14 15 County. 16 A 17 18 MR. LOPEZ: The order is I believe in Cumberland It is in Cumberland County. THE COURT: Seeking full custody? MR. LOPEZ: The mother has primary physical 19 custody of the child. 20 THE COURT: Well, if he has got 5 out of 14 days 21 and every other week in the summer, it is fairly close to 22 being even. She wants to change that order, Mr. Lopez, or 23 not? 24 MR. LOPEZ: I believe she does. We are not 25 representing her in the custody 13 , ,",,-,.<< /-' - -, Iltiir.!il'" , "~:;~ o o 1 THE COURT: Do you want to change that order, 2 ma'am? 3 I have asked for modification. A 4 THE COURT: What is it you are asking for? 5 A That on school nights that she not be going from 6 one place to the other, that she be in one home. 7 THE COURT: You want to give him alternate 8 weekends, is that it? 9 A What I have been told is standard, yes. 10 THE COURT: All right. I will allow you to 11 question her about it. 12 MR. LOPEZ: Okay. 13 BY MR. ABOM: 14 15 16 17 18 19 20 21 22 23 24 Q I am sorry if I mispronounce your name. Would you pronounce your last name for me. A Lorwey. Q I have already asked you about a December of '92, November of '93 and May of 1996, various custody proceedings. Do you again remember the one around April of 1997? A Yes. Q Then it is as in A Some of those were brought by Mr. Mora, not all of those were brought by me. Q I haven't asked you that; but it is true that the 25 two of you have both disputed custody over the length and over 14 ,~ - 1[,,-_ -'-'-'_"''''-''_''I,,,,~~ o o 1 the time of your daughter's lifetime, correct? 2 3 A Q Yes. The most recent one was filed by you in October of 4 2000, correct, approximately? 5 6 7 asked 8 For modification, yes. And there was an order from Judge Oler that A Q A Excuse me, let me correct that. I didn't file for 9 10 11 12 13 14 15 16 17 18 19 20 21 the modification, I asked for conciliation, and we went before Dawn Sunday and it was Mr. Mora that filed for modification. Q Let me ask this: In 2000, out of that conciliation report, Judge Oler put forth in an order in October of 2000 that both you, Mr. Mora and your daughter would submit to evaluations by a professional as agreed by all of you, correct? A Yes, we have done that several times. Q You did it pursuant to this particular modification petition, correct? A Uh-huh. Q A That was Dr. Wallen, correct? Yes. 22 Q It took some time, all the way through to the end 23 of the 2001, to finally get that report, correct? 24 25 A Q Yes. And that report ultimately came back and really 15 .': "'~-, . '" -~", -, -' > '-r e;! o o 1 recommended very little to no modification, correct? 2 3 4 5 that 6 7 A Q A That is not what it says. If you would -- You are saying the judge doesn't have access to Q Stop -- THE COURT: You both can't talk on top of each 8 other because Pattie can't understand. 9 A Okay. 10 THE COURT: Question. 11 BY MR. ABOM: 12 Q Did Dr. Wallen's report recommend a modification 13 such that you would have full primary custody of your daughter 14 with Mr. Mora having only every other weekend? 15 A She recommended that I would have full legal 16 custody. She did not make any changes as far as visitation 17 given the information that she had at the time; but she 18 recommended that I have full legal custody because Mr. Mora 19 does not cooperate in her -- anything that has to do with her 20 education or her medical care. 21 Q Without getting into the details, first, Dr. 22 Wallen didn't recommend a change in custody, correct? 23 A She did, she recommend that I have legal custody, 24 full legal custody, that is a change. 25 Q No change in physical custody, correct? 16 '. ,~" ~-" '- -",' - ^ [Hi'~m{:J~;:' o o 1 2 A o Yes, if I remember correctly, yes. It is fair to say that you and Mr. Mora do 3 disagree, even up until today, about some of the course of 4 your daughter's medical treatment, correct? 5 A Mr. Mora 6 0 All I am asking you is if you disagree? I am not 7 asking who is right or wrong. 8 A He disagrees with everything I say, everything. 9 If I say the sun is shinning, he disagrees. 10 0 It is true that on the night in question, December 116, Mr. Mora was supposed to pick your daughter up at the 12 school, correct? 13 14 A o Yes. And it is true that he was 45 minutes late in 15 doing so that day, correct? 16 A Yes. 17 0 18 correct? 19 A 20 up. 21 22 up, cor:cect? 23 24 25 A message was left for you at work about this, The school called me and asked me to come pick her o But, ultimately, Mr. Mora did pick your daughter A I had my coat on and then they did call me and tell me he was there. o He picked her up, yes? 17 ,~ , ""--, '''" J1J~~;' o 0......... . . 1 A I don't know who picked her up, they told me he 2 was there. 3 Q On the evening in question, although it was Mr. 4 Mo:ca's night, the two of you agreed that you would take Brooke 5 to a singing concert at the school, correct? 6 It was her choral concert that she was performing A 7 in, yes. 8 You picked her up at Mr. Mora's wife's dance Q 9 studio, correct? 10 A Yes. 11 Q You were supposed to drop he:c off at the dance 12 studio when it was over at approximately 8:30, correct? 13 A There was a stipulation that if it went beyond 14 8:30 that I was to drop her off at the house, that someone 15 would be there. 16 Q Just to clear up this one point. Was there some 17 information that maybe you were going to drop Brooke off at 18 the dance studio? 19 A No. 20 Q Never? 21 A No. All I had to go by, because I didn't speak to 22 Mr. Mora after that, there was a message left that if it went 23 beyond 8:30 that I was to drop her off at the house. I called 24 his house, I called the studio, no one answered. So given it 25 was after 8:30, I dropped her off there. I didn't go there 18 " ., ,; '" to g~~::.~,' o ~ ~ 1 intending to be punched. 2 Q You go to Mr. Mora's house and you drop your 3 daughter off and she goes inside, correct? 4 A 5 Q 6 A 7 away. 8 Q 9 correct? 10 11 Yes. You and Mr. Mora are arguing, aren't you? No, I made a statement and was turning and walking Something happened and you called the police, A He assaulted me, and then I called the police. Q You called the police and I am sure right then and 12 there you asked for medical treatment from the responding 13 officers, correct? 14 A I asked him about going to the ER, and he said, 15 you can go if you feel like it. He gave me no indication that 16 I should be contacting Domestic Violence or any place. He 17 gave me no information whatsoever. 18 Q Ms. Lorwey, I just ask politely, just answer my 19 questions, is that okay 20 21 A I did answer your question. Q Do you recognize this man as Officer Coverdale of 22 the East Pennsboro Township Police Department? 23 24 A Officer Cotton is what I was told. Q I am sorry, Officer Cotton of the East pennsboro 25 Township Police Department? 19 . .d L': &:i.iI~J".,~j~,,;;;',';~ o 0,--- " 1 A Yes. 2 Q He was one of the officers who did respond to the 3 scene that night, correct? 4 A Yes. 5 Q Did you tell him of your desire and need for 6 medical treatment? 7 I mentioned it a couple times, yes. A 8 Q Do you remember when you first spoke with Officer 9 Cotton, you did not mention anything about Mr. Mora somehow 10 grabbing his own genitals and saying something to you, 11 correct? 12 Well, I didn't know Mr. Mora was accusing me of A 13 grabbing his genitals, so I didn't mention it because I was 14 upset, number one. The main thing was that my face was 15 swelling up like a balloon, I could hardly feel my foot for 16 the pain that I was having in my ankle. I didn't go into the 17 crotch grabbing part because I don't -- that is Mr. Mora's 18 domain, not mine. 19 Q Ms. Lorwey, this incident took place about 8:30 at 20 night on December 6? 21 No, It was 8:35 going on 8:40. A 22 Q You went to the Harrisburg Hospital some time 23 after 11:00 o'clock that night? 24 It was before that, I was in the waiting room. I A 25 called went home and called my doctor, I washed the makeup 20 , ," J" ,d' , ---'0; :tiH ~",; o o 1 off my face and I could see how bad the bruise was. I spoke 2 to my daughter's therapist, Dr. Shienvold on call, and because 3 of the people that I know that deal with domestic violence, I 4 called for advice, what I should do next. 5 6 you know. 7 A It was about 10:00 o'clock, I called my niece and 8 she met me there. We were at the scene until almost -- 10:00 THE COURT: When did you get to the hospital, if 9 o'clock, 9:30, 10:00 o'clock. 10 BY MR. ABOM: 11 Q Did you have an opportunity to talk to your 12 attorney in the custody matter after the incident but before 13 you went to the hospital? 14 A No. 15 MR. ABOM: If I could have one moment, Your Honor. 16 (Pause.) I have no further questions. 17 18 19 20 THE COURT: Anything else? MR. LOPEZ: No, Your Honor. THE COURT: You may step down, ma'am. MR. LOPEZ: Your Honor, the plaintiff would like 21 to call Kristin Mertz. 22 KRISTIN MERTZ, 23 having been duly sworn, testified as follows: 24 DIRECT EXAMINATION 25 (The testimony concluded at 2:31 p.m.) 21 . '~ ~ .',- "_"._"L,,.. . i;~-,;p:i 0.', ., o CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. 4odJrd~_,(J J~ Patricia C. rrett Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. tt -}.. -Dl- Date P.J. 22 "6,;i>~~""~"j,@MJOO~,-,~""",jM.<~_~.!j&~~ilifUr~~h.ti...'(i**"'-.dJ,,:;~'W'~'""""~"_"ii:;',,",'%.Q'ili<i!t'IMiiijjjii$IJ}if4iil'_illiillil~~~IlliIIM~'"~ Hl c' a W , 'vlW/\lASNN3d 'IN'nt '~I ''1'" r~: ....,~ " :~"",.,,', ,:\', "'~::'~:'!/\/no [U:I Ud '1- JJLj ?fI .' . _.'" L,) }J~P,~'L_,;i eIlJ+i!\~ "kJ~,.!;j",.l. ~111~J~..~l)J!il!\L,Ml!I!Lt JiK,:' Ill, lJ.",lILJIllJIL "LL,;1lI.. .LI"""W ,,,! ,J I",)I,!..".!"! .,)lILt;!!!UI',,,~. ",.~, ")U",,., ""_,, " ~# "~" "'~~, -, ~-",,,,,,,,"