HomeMy WebLinkAbout99-04163V
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PATRICIA L. HOOVER,
Petitioner
V.
IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-41 (p3 CIVIL TERM
GARY L. HOOVER,
Respondent PROTECTION FROM ABUSE
TEMPORARY PROTECTIVE ORDER
AND NOW, this 8 ? day of July, 1999, upon presentation and consideration of the
within Petition, and upon finding that PATRICIA L. HOOVER, now residing in Cumberland
County, Pennsylvania, is in immediate and present danger of abuse from the Respondent, GARY
L. HOOVER, the following Temporary Order is entered:
The Respondent, GARY L. HOOVER, whose current address is located on Main Street,
Shippensburg, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the
Petitioner, PATRICIA L. HOOVER, and their minor children, Galen L. Hoover and Lora L.
Hoover, or placing them in fear of abuse and is ordered to stay away from any location where
they may reside. The Petitioner is hereby awarded exclusive possession of the marital residence.
The Petitioner is hereby awarded primary physical custody of the parties' minor children, ages
eight (8) and six (6). The Respondent is hereby notified that if he fails to follow this Order, he
may be in indirect criminal contempt which is punishable by a tine not to exceed $1,000.00
and/or by a sentence of up to six months in jail and any other appropriate punishment.
This Order shall remain in effect until a final order is entered in this case. A hearing shall
be held on this matter on the / 544 day of July, 1999, at 3; 30p in, in Courtroom No.
?, Cumberland County Courthouse, Carlisle, Pennsylvania.
The Cumberland County Sheriffs Office shall attempt to make serviceat the Petitioner's
request, but service may he accomplished under any applicable rule of Civil Procedure.
The Pennsylvania State Police, Carlisle Substation, Warden of the Cumberland County
Prison, Sheriff of Cumberland County and the District Justice of Newville will be provided with
a copy of this Order by attorneys for Petitioner. This Order shall be enforced by any law
enforcement agency where a violation occurs by arrest for indirect criminal contempt without
warrant upon probable cause that this Order has been violated, whether or not the violation is
committed in the presence of the police officer. In the event that an arrest is made under this
section, the Respondent shall be taken without unnecessary delay before the court that issued the
Order. When that court is unavailable, the Respondent shall be arraigned before the appropriate
district justice. (23 Pa.C.S.A. §6113).
BY THE COURT,
J.
qq 3u.?-? AK 10,.29
PATRICIA L. HOOVER, IN THE COURT OF COMMON PLEAS OF
Petitioner
:CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99-y I Iv3 CIVIL TERM
GARY L. HOOVER,
Respondent PROTECTION FROM ABUSE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action promptly after this Petition, Order and Notice are served,
by appearing personally or by attorney at the hearing scheduled by the Court and presenting to
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the Court may proceed without, and a judgment may be entered against you by
the Court without further notice for any money claimed in the Petition or for any other claim or
relief requested by the Petitioner. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
PATRICIA L. HOOVER, : IN THE COURT OF COMMON PLEAS OF
Petitioner
:CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99-410 CIVIL TERM
GARY L. HOOVER,
Respondent PROTECTION FROM ABUSE
PETITION FOR PROTECTIVE ORDER
AND NOW comes the Petitioner, PATRICIA L. HOOVER, by her attorneys, Irwin,
McKnight & Hughes, Esquires and presents this petition for a protective order under the
Protection from Abuse Act, 23 Pa.C.S.A. Section 6101 et seq., representing as follows:
The Petitioner is PATRICIA L. HOOVER, an adult individual presently residing at 3574
Ritner Highway, Newville, Cumberland County, Pennsylvania 17241.
17
The Respondent is GARY L. HOOVER, an adult individual residing on Main Street,
Shippensburg, Cumberland County, Pennsylvania 17257.
3
The parties have been married for approximately nine (9) years.
4.
There were two children born to this marriage: Galen L. Hoover, born April 7, 1991, age
8, and Lora L. Hoover, born February 16, 1993, age 6.
5.
Since three (3) months after the parties' marriage, the Respondent has used physical force
to inflict his decisions upon the Petitioner. After an argument on or about May 15, 1990, the
Respondent hit the Petitioner in the mouth repeatedly with his open hand.
6.
This violence has continued throughout the marriage and on numerous occasions the
Respondent has threatened violence or sexually assaulted the Petitioner.
7.
On or about October 30, 1997, the Respondent brutally beat the Petitioner striking her
head repeatedly on the dresser and hitting her back repeatedly with his fists.
8.
On or about October 15, 1998, the Respondent grabbed the Petitioner by the neck and
threw her onto the bed and choked her. The Petitioner believed that the Respondent intended to
break her neck. Shortly thereafter the Respondent left the marital home.
9.
On November 10, 1998, the Respondent returned to the marital home, demanded sex and
when the Petitioner refused, he became angry and threw the Petitioner onto the bed and held her
down.
10.
The Respondent has been stationed in Saudia Arabia since June of 1999. The Petitioner
believes that upon his return, he plans to force his way back into the marital home, using violence
if necessary.
Some of these acts of violence have occurred in front of their minor children.
12.
The Petitioner and the parties' minor children have been placed in fear of serious bodily
injury due to the Respondent's threats and past abuse.
WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an order
providing that :
a. Respondent shall refrain from abusing, threatening with violence,
harassing or visiting the Petitioner in any manner;
b. Respondent shall be excluded from the marital residence, or any residence
where the Petitioner and her minor children may reside;
C. Petitioner shall be granted primary physical custody of the parties' minor
children;
d. Such other relief as this Court deems necessary.
Respectfully submitted,
IRWIN, Me NIGHT & HUGHES
By:/y? 1
Marcus A. McKnigh , squire
Attorney for Petitioner, Patricia L. Hoover
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
717- 249-2353
Supreme Court I.D. No. 25476
Attorney for Petitioner
Date: July 7, 1999
VERIFICATION
The foregoing Petition for Protection from Abuse is based upon information which has
been gathered by my counsel and me in the preparation of this action. I have read the statements
made in this Petition for Protection from Abuse and they are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein made are subject to
the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities.
PATRICIA L. HOOVER
Date: July 7 1999
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LAW OFFICES
,i !i_ 11, 3 1999tv
PATRICIA L. HOOVER,
Petitioner
V.
GARY L. HOOVER,
Respondent
IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
994163 CIVIL TERM
PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW, this /Tr day of July 1999, upon presentation and consideration of the
within Stipulation by the parties, PATRICIA L. HOOVER, Petitioner, now residing in
Cumberland County, Pennsylvania, and, GARY L. HOOVER, also residing in Franklin County,
Pennsylvania, the following Order is entered:
THE RESPONDENT, GARY L. HOOVER, is hereby enjoined from abusing the
petitioner, PATRICIA L. HOOVER, or placing her in fear of abuse, and from entering her
residence or place of employment without her pennission.
THE RESPONDENT is hereby notified that a violation of this Order will constitute
indirect criminal contempt, which is punishable by a fine not to exceed $1,000.00, and/or by a
sentence of up to six months in jail or other appropriate and lawful punishment.
THIS ORDER shall remain in effect for a period of one (1) year from the date of this
order of Court.
The Petitioner, Patricia L. hoover, will have exclusive possession of the marital home
located at 3574 Ritner I lighway, Newville, Pennsylvania.
The Petitioner, Patricia L. Hoover, will have primary physical custody of the minor
children, Galen L. Hoover, born April 7, 1991, age S, and Lora L. Hoover, horn February 16,
1993, age 6, with periods of temporary physical custody with Gary L. Hoover as the parties agree
is in the best interest of the children. The parties will share joint legal custody of their minor
children.
The District Justice will be provided with a copy of this Order by attorneys for petitioner.
This Order shall be enforced by any law cnforccment agency where a violation occurs by arrest
for indirect criminal contempt without warrant upon probable cause that this Order has been
violated, whether or not the violation is committed in the presence of the police officer. In the
event that an arrest is made under this section, the respondent shall he taken without unnecessary
delay before the court that issued the Order. When that court is unavailable, the respondent shall
be arraigned before the appropriate district justice. (23 Pa. C.S.A. §6113).
BY THE COURT,
i
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-?unrd F ??c? ?a '??
PATRICIA L. HOOVER, IN THE COURT OF COMMON PLEAS OF
Petitioner
:CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION- LAW
99-4163 CIVIL TERM
GARY L. HOOVER,
Respondent PROTECTION FROM ABUSE
STIPULATION FOR EN'T'RY OF
A PROTECTIVE ORDER
!n
AND NOW, this _ day of July, 1999, comes PATRICIA L. HOOVER, by her
attorneys, Irwin, McKnight & Hughes, Esquires, and GARY L. HOOVER, and enter into the
following Stipulation for Entiy ofa Protective Order:
The Petitioner is PATRICIA L. HOOVER, an adult individual who resides at 3574 Ritner
Highway, Newville, Cumberland County, Pennsylvania.
17
The Respondent is GARY L. HOOVER, an adult individual who resides at 126 Minnich
Road, Chambersburg, Franklin County, Pennsylvania.
:i.
The Petitioner filed on July 8, 1999 a Petition seeking a Temporary Protective Order
following the separation of the parties.
4.
The Respondent does not admit the allegations of the Petition but is willing, by his
consent, to permit the entry of a Protective Order which protects the Petitioner from threats,
abuse or harassment fora period of one (1) year from the date of the Protective Order and sets the
custody of their minor children.
5.
The parties agree that the Petitioner, Patricia L. Hoover, will have primary physical
custody of the minor children, Galen L. Hoover, born April 7, 1991, age 8, and Lora L. Hoover,
born February 16, 1993, age 6, with periods of temporary physical custody with Gary L. Hoover
as the parties agree is in the best interest of the children. The parties will share joint legal
custody of their minor children.
6.
The petitioner, Patricia L. Hoover, will have exclusive possession of the marital home
located at 3574 Rimer Highway, Newville, Pennsylvania.
7.
The Petitioner is willing to have the Order entered by consent of the parties without the
necessity of a formal hearing.
X.
The parties agree to the entry of the Order of Court attached to this petition.
NOW, THEREFORE, intending to he legally bound, the parties enter into this
Stipulation the date set torth above.
WITNESSETH:
azrr T. Aoo't*o^7 (SEAL)
PATRICIA L. HOOVER, Petitioner
(SEAL)
C , RY L.'HOMER, Respondent `