Loading...
HomeMy WebLinkAbout99-04443.It -a N ,e Q t L %ft a v to Q i, i LISA A. HACHIGIAN, : IN THE COURT OF COMMON Plaintiff : PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA V. c? KIRK J. HACHIGIAN, ` NO. qg - °?/'?y3 ?l v ( [>^?n? Defendant : CIVIL ACTION - LAW : IN CUSTODY And now, this _??day of JJ - 1999, upon consideration of the attache domplaint, it is hereby directed that the above parties and their respective counsel appear before 16k vurA Esquire, the Conciliator, at , i''t5?, - k? Pennsylvania, on the _ j day of Se 1999, at ' A. M., fora Pre-hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may be present at the conference. Failure to appear at teh conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: 0 0 Q 11 x.91 . Custody Conciliator ) YOU SHOULD TAKE THIS APPAER 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa 17013 (717)249-3166 (800)990-9108 ., . f.' - .. . ? '.' . i ', ,l l i LISA A. HACHIGIAN, Plaintiff/Petitioner V. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA NO. 99• yyY3 C?uxP mew KIRK J. HACHIGIAN, Defendant/Respondent CIVIL ACTION -LAW IN CUSTODY AND NOW, comes Plaintiff, Lisa A. Hachigian, through her attorney, the Law Office of Darrell C. Dethlefs, and avers the following: 1. Plaintiff is Lisa A. Hachigian, an adult individual with a residence located at 22 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Kirk J. Hachigian, an adult individual with a residence located at 22 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks primary physical and sole legal custody of Joseph R. Hachigian, (hereinafter known as Child) 4. Plaintiff, Lisa A. Hachigian, and Defendant, Kirk J. Hachigian were married on November 5, 1993. The child was born during the marriage. 5. Plaintiff and Defendant are the natural parents of the child. 6. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 7. The best interests and permanent welfare of Joseph R. Hachigian will be served by granting the relief requested because the Plaintiff is better able to provide a stable, secure environment in which to raise the child. 8. Defendant is a frequent user of illegal drugs which renders him unfit for anything other than supervised visits. 9. Plaintiff is requesting joint legal custody and primary physical custody of the child with supervised visitation rights to be awarded to Defendant. 10. Neither party hereto are members of the Armed Forces of the United States or any of its allies. WHEREFORE, Plaintiff respectfully requests this Court to grant joint legal custody and primary physical custody of Jospeh R. Hachigian, to Plaintiff, subject to Defendant's temporary supervised visitation of the child for the purpose of visitation. Respectfully Submitted, By: Michael J.Pykosh Attorney I.D. 5881 3805 Market Street Camp Hill, Pa 17011 119 1 C{ q (717) 975-9446 Date: '1 LISA A. HACHIGIAN, Plaintiff/Petitioner V. KIRK J. HACHIGIAN, Defendant/Respondent : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA . NO. : CIVIL ACTION -LAW : IN DIVORCE I hereby verify that the statements of fact made in the foregoing CUSTODY COMPLAINT, are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating tp_?nsworn fasifigation to authorities. Date: Fy ?? i , Karen Norcross, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 99 - 4418 CIVIL TERM Steven Norcross, Defendant :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Steven S. Norcross Defendant's Date of Birth: 05/20/53 Defendant's Social Security Number: Name of Protect AXan AND NOW, this day of court having juri sdiction ovematter, it is ORDERED, ADJUDGunknown to Plaintiff , 1999, the and the subject- D as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegations made in the Petition. ® 1. Defendant shall not abuse, stalk, harass, or threaten Plaintiff or any other protected person in any place where they might be found. ? 2. Defendant is completely evicted and excluded from the residence at *[NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ? On [Insert date and time], Defendant may enter the residence . } ' ?.1 "r j..??:?. ?? /??. _??? ?v. to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ® 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment located at Green Ridge Village, Big Spring Road, Newville, Cumberland County, Pennsylvania. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 137 Timber Lane, Shippensburg, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish. ® 4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. Contacting the children at Plaintiff's residence will not be a violation of this Order. ? 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] (or see attached Custody Order) ? 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: ? 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. Any weapons delivered to the sheriff under Paragraph 6 of this order or under Paragraph 6 of the Temporary Order shall not be returned until further order of Court. ® 8. The following additional relief is granted as authorized by 56108 of this Act: a. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. C. Defendant is to refrain from harassing Plaintiff's relatives or the minor child. d. The court costs and fees are waived. ? 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, No fee shall be required by the filing of this petition. ? 12. BRADY INDICATOR and an Order scheduling a hearing. Prothonotary's office for the 1. ? Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2. ? This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3. ? Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4. ? Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR ? The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. ® 13. THIS ORDER SUPERCEDES ® ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire in one year. NOTICE TO 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 SIR MONTHS. 23 PA.C.S. 56114. 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 ACTION, 18 U.S.C. 52265. 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. SS 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. 5922(0), FOR POSSESSION, ` TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. f NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff is residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 56113. Subsequent to an 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 [insert the appropriate name or title] shall maintain possession of the weapons until further order of this Court. When Defendant is placed under arrest for violation of the order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiff fIs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, If entered pursuant to the consent of Plaintiff and Defendant: Karen Norcross, Plaintiff Steven Norcross, Defendant j/,Uoan Carey O Attorney for Plaintiff ??Qt?-17-9q FRI 12:36 32P3J.D845D7 Law Office of Darrell C. Dethlefs August 17, 1999 Attn: Becky Court Administrators Office Cumberland County Courthouse One Courthouse Squire Carlisle, Pa 17013 Re: Hachigian v. Hachigias.. Request for a special relief Dear Becky: /%Cf -'103 Darrell C. Dethlefsa Michaell. Pykosh• Brian K. Zellner Legal Atsi una Sherry L. Deckman Angeline Moyee 'LlMnsed PA rlde Agent 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 Fax (717) 975-2309 1-800-287-1202 Email DDethlefsQo AOL.COM Via Fax: (717)240-6462 Asper our conversation this aftemoon,.the request for special relief in the above referenced matter has been resolved. I am requesting that the heating scheduled for 9;30a.In. on August 18, 1999 with Judge Guido be canceled, as I am withdrawing said petition. If you have any questions, please do not hesitate to contact rye, Very truly yours, ?e W-' Michael J. Pyk sh MJP:jlb "43 717 975 2309 P.01 Mailing Address: P.O. Box 368, Camp Hill, PA 17001 OEC15Tg LISA A. HACHIGIAN, ) IN TIIE COURT OF COMMON PLEAS Plaintiff ) OP CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 99-4443 CIVIL TERM KIRK J. HACHIGIAN, ) Defendant ) CIVIL ACTION - CUSTODY ORDER AND NOW this dt;--• day of 411,. , 1999, it being reported to the Conciliator that the parties are still residing together which makes further proceedings unnecessary, the undersigned Conciliator hereby relinquishes jurisdiction and returns the matter to the Court Administrator. If either of the parties wishes further proceedings in this action, they should petition the Court anew. FOR THE COURT, MICHAEL L. BANGS Custody Conciliator cc: Michael J. Pykosh, Esquire Mr. Kirk J. llachigian ??? 1 ?? i,. ?