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HomeMy WebLinkAbout99-04369CT. ???. ?? y •?. 1 ;?'J, ..+:.. JUL 1 9 1999bP ANGELA M. HANSARICK, Petitioner V. JAMES A. HANSARICK, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- bl CIVIL TERM : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. Ifyou 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 , 1999, AT ,a:-M., IN COURTROOM NO. - --- OF C BERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached unit it is modified or terminated by the court afternotice 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. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. § 2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. §2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to rind out where you can get legal help If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNT BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas oiCumberland 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 individual having business before the court, please contact our office. Allarrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ANGELA M. HANSARICK, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-- TERM JAMES A. HANSARICK, Respondent PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Respondent's Name: JAMES A. HANSARICK Respondent's Date of Birth: March 18, 1964 Respondent"s Social Security Number: 193-58-5095 Name of the Prote # pon: #ELA . HAN SARICK AND NOW, this day of , 1999, upon consideration of the attached Petition for Protection from Abuse, the c y enters the following Temporary order. 1. Respondent shall not abuse, harass, stalk or threaten any of the above person in any place where they might be found. 2. Respondent is evicted and excluded from the residence at 1710 Market Street, Apt. 16, Camp Hill, Cumberland County, Pennsylvania, which is rented by both parties, or any other permanent or temporary residence where Petitioner may live. Petitioner is granted exclusive possession of the residence. Respondent shall have no right or privilege to enter or be present on the premises. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, Respondent is prohibited from having ANY CONTACT with Petitioner at any location, including, but not limited, to any contact at Petitioner's place ofemployment and/or the schools and/or day care facility of the minor child. Respondent is specifically ordered to stay away from the following locations for the duration of this Order: Petitioner's place of employment: Rupp & Meikle 355 N. 21" Street, Ste. 205 Camp Hill, PA 17011 4. Except for such contact with the minor children as may be permitted under Paragraph 5 of this Order, Respondent shall not contact Petitioner by telephone or by any other means, including through third person. 5. Petitioner is awarded temporary custody of the parties' minor children. Visitation between Respondent and minor child shall be upon mutual consent of the parties. 6. The following additional relief is granted: Service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary. The Prothonotary shall not send a copy of this Order to Respondent by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date ifthe Court finds that Respondent has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Petitioner and/or minor children. Respondent is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Petitioner. Respondent is to refrain from harassing Petitioner's relatives or the minor children. A certified copy of this Order shall be provided to the police department where Petitioner resides and any other agency specified hereafter: 8. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER and ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDER APPLIES IMMEDIATELY TO RESPONDENTAND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO RESPONDENT Respondent is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S.§6114. Consent of Petitioner to Respondent'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.§61 ?3. Respondent 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. §§2261-2261. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIAL This Order shall be enforced by the police who have jurisdiction over Petitioner's residence OR any locations where a violation of this order occurs OR where Respondent may be located. If Respondent violates Paragraphs 1 through 5 ofthis Order, Respondent may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the 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 ofa crime, in which case, they shall remain with the lawenforcement agency whose officer made the arrest. BY THE COUR Judge -my pn -6a* PPP ?'ax?d ?- Ma??cl -lam PsP ANGELA M. HANSARICK, Petitioner . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA V. NO.qq-43LPqCIVIL TERM JAMES A. HANSARICK Defendant PETITION FOR PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE AND NOW comes Petitioner by her attorneys, Rupp and Meikle, and Richard C. Rupp and files this Petition for Protection from Abuse as follows: This Petition is filed pursuant to the Protection from Abuse Act, 20 Pa.C.S.A.§6101, et seq. 2. Your Petitioner is Angela M. Hansarick, an adult individual residing at 1710 Market Street, Apt. 16, Camp Hill, PA. Your Petitioner's Social Security Number is 191-64.2255 and is employed at Rupp & Meikle, 355 N. 21" Street, Camp Hill, PA 17011. Petitioner's date of birth is December 20, 1968. 3. The Respondent is James A. Hansarick, an adult individual currently incarcerated at the Cumberland County Prison, Carlisle, PA 17013. Respondent's Social Security Number is 193-58-5095. Respondent's date of birth is March 18, 1964. 4. The parties are husband and wife, having been married on June 10, 1996 in Harrisburg, PA. 5. The parties' marital residence at 1710 Market Street, Apt. 16, Camp Hill, PA 17011 is jointly leased by them as husband and wife. 6. The Petitioner and the Respondent have a minor child born or adopted of their marriage whose names ages and birth dates are as follows: NAME AGE Cassidy M. Hansarick 4 Yrs 7 DATES OF ADDRESS BIRTH 06/26/95 1710 Market Street, Apt. 16 Camp Hill, PA Said minor child has resided with the Petitioner at the following addresses with the following persons: Person Address Dates Mother 1710 Market Street, Apt. 16 1995 to present Camp Hill, PA Father 1710 Market Street, Apt. 16 1995 to May 31, 1999 Camp Hill, PA 8. Neither party has initiated any divorce proceedings at this time. 9. Neither party has initiated any custody proceedings at this time. 10. No Order awarding custody has been entered by any Court. 11. Petitioner has no knowledge of any person not a party to the proceedings who has physical custody of said minor child or claims to have custody or visitation rights with regard to said minor children. 12. The Respondent has threatened and/or abused the Petitioner in that: On or about May 31, 1999, at the parties' marital residence, the Respondent repeatedly assaulted Petitioner with a shade roller from the window. Respondent then took a mason jar and repeatedly cracked the back of Petitioner's head resulting in Petitioner sustaining a fractured skull and requiring two areas on the back of Petitioner's head to be sewn shut as well as bruises to Petitioner's body. Said incident occurred in sight of parties' minor child. 13. The Respondent has once abused the minor child in that: Respondent spanked her so hard he left a purple hand print. 14. Based on the above repeated acts of conduct by the Respondent, your Petitioner fears bodily injury both to herself and her minor child. 15. The above acts of conduct by Respondent constitutes abuse under the Protection from Abuse Act, 20 Pa.C.S.A. §6102. WHEREFORE, Your Petitioner respectfully prays for the entry of a Temporary and Permanent Protection Order granting the following relief. Direct the Respondent to refrain from abusing, threatening, harassing, stalking or imprisoning the Petitioner and/or their minor child. 2. Evict and Exclude the Respondent from the Petitioner's residence at 1710 Market Street, Apt. 16, Camp Hill, Cumberland County, Pennsylvania 17011, and prohibit the Respondent from attempting to enter any temporary or permanent residence of the Petitioner. 3. Award temporary custody of the parties' minor child and allow visitation with minor child only upon mutual consent of the parties. 4. Prohibit the Respondent from having any contact with Petitioner or the minor child either in person or by telephone or in writing, either personally or through third persons, including but not limited to Petitioner's place of employment, 5. Order the Respondent to pay the costs of this action, including the filing and service fees. 6. Order the Respondent to pay the Petitioner's reasonable attorneys' fees. Grant such other relief as the Court deems appropriate . 8. Order the Camp Hill Police or any other law enforcement Agency to serve the Respondent with a Copy of this Petition, any Order issued, and the Order for the Hearing. Dated: -7 cL Respectfully submitted, RUPP & E sy: 1 .4 Richard C. Rupp, Esquire Attorney ID #:34832 355 N. 21" Street, Suite 303 Camp Hill, PA 17011 (717)761-3459 Attorney for Petitioner I, Angela Hansarick, Petitioner, verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. Date: ?? ??? t ._ .r .1 1:L ? 0 m o LO _ 00 -t -:? -Z 19 j i?1G 4+ n.srlrrrA til 7?/F louh?"ar ?2 l c t,o r s fu lyL ?dorzof(ammm-pv sri? YTI7 l? /a; q9 --11-19 rj- y. i a PA 1760 Ti ucN r?fkmbxrr l?CaurC??l L(?zri? Car-, k ?x /v - i ---- w. _ .. .__ s ..yi,. .. X?d ? ? C CASE NO: 1999-04369 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HANSARICK ANGELA M vs. HANSARICK JAMES A CPL. MICHEAL BARRICK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon HANSARICK JAMES A the defendant, at 15:27 HOURS, on the 19th day of July 1999 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT RD CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to JAMES A HANSARICK a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 8.00 So answers: 000, R., . omas i e,` 5 e 07/20/1999 / Sworn and subscribed to before me this day of 19 A. D. by -? e u r i o n y SHERIFF'S RETURN - REGULAR CASE NO: 1999-04369 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HANSARICK ANGELA M VS. HANSARICK JAMES A CPL. MICHEAL BARRICK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon HANSARICK JAMES A the defendant, at 15:27 HOURS, on the 19th day of July 1999 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT RD CARLISLE PA 17013 CUMBERLAND County, Pennsylvania, by handing to JAMES A HANSARICK a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs. Docketing Service Affidavit Surcharge 18.00 So answers: 3.10 P 8.00 mas in e i -07/20/1999 by Sworn and subscrib to before me this J? - ei, day o 19A.D. i ?-? on a y epu e i SHERIFF'S RETURN - REGULAR CASE NO: 1999-04369 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HANSARICK ANGELA M VS. HANSARICK JAMES A RICHARD SMITH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT FOR was served upon HANSARICK JAMES A the defendant, at 14:30 HOURS, on the 26th day of July 1999 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 ,CUMBERLAND County, Pennsylvania, by handing to JAMES A HANSARICK a true and attested copy of the ORDER OF COURT FOR together with GENERAL CONTINUANCE and at the same time directing His attention to the contents thereof. ..V Sheriff's Costs: So ans?4? Docketing 18.00 Service 3,10 Affidavit .00 Surcharge 8.00 ?I omas f e, 5 eri _07/27/1999 by Deputy Sheriff Sworn and subscribed to before me this 1 7 LL day of 19C15; A. D. e? C,Ero on A'ri ANGELA M. HANSARICK : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. 99-4369 CIVIL TERM JAMES A. HANSARICK PROTECTION FROM ABUSE IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, July 22, 1999, hearing in the above-caption Protection from Abuse petition is continued generally. The temporary order of July 19, 1999, shall remain in effect until further order of court. By Geo e . Hoffer, )-PP.. J. Richard C. Rupp, Esquire 355 North 21'w` Street, Suite 303 Camp Hill, PA 17011 James A. Hansarick Cumberland County Prison Sheriff Camp Hill Police Department `"50p" 91 1 .. : r.