HomeMy WebLinkAbout99-04510
i
V.
Myra L. Houck, for herself,
and on behalf of the minor children,
Carri G. Houck and
Hunter S. Houck,
Plaintiff
Va.
Roger L. Houck,
Defendant
:IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 CIVIL TERM
:PROTECTION FROM ABUSE AND CUSTODY
NOTICE OF HEARING AND ORDER
YOU HAVE SEEN 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.
It-
A hearin on this matter is scheduled for the 3 day of
1999, at 2_ A m., in courtroom No. of the Cumberlan ounty
Courthouse, Carlisle, ennsylvania.
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 in jail 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, HCWEVER,
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 HELD. 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 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.
Myra L. Houck, for herself,
and on behalf of minor children,
Carri G. Houck and
Hunter S. Houck
Plaintiff
Vs.
Roger L. Houck,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY,
:PENNSYLVANIA
NO. 99 CIVIL TERM
:PROTECTION FROM ABUSE AND
:CUSTODY
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Roger L. Houck
Defendant's Date of Birth: 09/21/70
Defendant's Social Security Number: 187-48-4467
Name of Protected Person: Myra L. Houck
Carri. G. Houck
Hunter W.ouck
AND NOW, this day of 1999, upon
consideration of the ttachad Petition o rotection from Abuse,
the court hereby enters the following T! p ary order:
® 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 evicted and excluded from Plaintiff's
residence located at 304 Shippensburg Road, Shippensburg,
Cumberland County, Pennsylvania, a residence which is owned by
Plaintiff's mother, or any other permanent or temporary residence
where Plaintiff may live. Plaintiff is granted exclusive
possession of the residence.
® 3. Except for such contact with the minor children as may be
permitted under Paragraph 5 of this Order, Defendant is
prohibited from having ANY CONTACT with Plaintiff at any
location.
® 4. Except for such contact with the minor children as may be
permitted under Paragraph 5 of this order, Defendant shall not
contact Plaintiff by telephone or by any other means, including
through third persons.
® 5. Pending the outcome of the final hearing in this matter.
Plaintiff is awarded temporary custody of the following minor
children: Carri Q. Houck (Date of Birth: 05/16/92)
Hunter B. Houck (Date of Birth: 07/17/97)
Until the final hearing, all contact between Defendant and the
children shall be limited to the following: supervised visitation
at times agreed upon by the parties.
The local law enforcement agency in the jurisdiction where the
children are located shall ensure that the children are placed in
the care and control of Plaintiff in accordance with the terms of
this Order.
? 6. Defendant shall immediately relinquish the following
weapons to the Sheriffs Office or a designated local law
enforcement agency for the delivery to the Sheriffs Office:
Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this Order.
® 7. The following additional relief is granted:
The Cumberland County SheriffFS Department shall attempt to
make service at Plaintiff's request and without pre-payment of
fees, but service may be accomplished under any applicable Rule
of Civil Procedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this Order to Defendant by
mail.
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.
Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives
or the minor children.
® S. A certified copy of this order shall be provided to the
police department where Plaintiff resides and any other agency
specified hereafter: Pennsylvania State Police and Carlisle
Borough Police Departments.
® 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND ? ANY
PRIOR ORDER RELATING TO CHILD CUSTODY
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE
AND HEARING.
NOTICE TO DEFENDANT
Defendant is hereby notified that violation of this order
may result in arrest for indirect criminal contempt, which is
punishable by a fine of up to $1,000.00 and/or up to six months
in jail. 23 Pa.C.S. 56114. Consent of Plaintiff to Defendant's
return to the residence shall not invalidate this order, which
can only be changed or modified through the filing of appropriate
court papers for that purpose. 23 Pa.C.S. 56113. Defendant is
further notified that violation of this order may subject him/her
to state charges and penalties under the Pennsylvania Crimes Code
and to federal charges and penalties under the Violence Against
Women Act, 18 D.S.C. 55 2261-2262. Any protection order aranted
by a court may be considered in any subsequent proceedinas,
including child custody proceedings, under title 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have
jurisdiction over Plaintiff's residence OR any locations where a
violation of this order occurs OR where Defendant may be located.
If Defendant violates Paragraphs 1 through 6 of this Order,
Defendant may be arrested on the charge of Indirect Criminal
Contempt. An arrest for violation of this order may be made
without warrant, based solely on probable cause, whether or not
the violation is committed in the presence of law enforcement.
Subsequent to an arrest, the law enforcement officer shall
seize all weapons used or threatened to be used during the
violation of this Order OR during prior incidents of abuse.
Weapons must forthwith be delivered to the Sheriff's office of
the county which issued this Order, which office shall maintain
possession of the weapons until further order of this Court,
unless the weapon/s are evidence of a crime, in which case, they
shall remain with the law enforcement agency whose officer made
the arrest.
Joan Carey
Attorney for Plaintiff
BY THE COURT,
Myra L. Hoyci, for herself,
and on behalf of minor children
Carri G. Houck and
Hunter S. Houck,
Plaintiff
V8.
Roger L. Houc$
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY,
:PENNSYLVANIA
:NO. 99 - Y550 CIVIL TERM
:PROTECTION FROM ABUSE
:AND CUSTODY
PETITION FOR PROTECTION FROM ABUSE
COUNT I
1. Plaintiff's name is Myra L. Houck.
2. This Petition is filed on behalf of Myra L. Houck,
Carri G. Houck (Date of Birth: 05/16/92) and Hunter B. Houck
(Date of Birth: 07/17/97).
3. The names of all the persons who seek protection from
abuse are Myra L. Houck, Carri G. Houck (Date of Birth: 05/16/92)
and Hunter B. Houck (Date of Birth: 07/17/97).
4. Plaintiff's address is 304 Shippensburg Road,
Shippensburg, Cumberland County, Pennsylvania.
5. Defendant is currently incarcerated at Cumberland County
Prison, Carlisle, Cumberland County, Pennsylvania.
Defendant's Social Security Number is 187-48-4467.
Defendant's date of birth is 09/21/70.
Defendant is unemployed.
6. Defendant is Plaintiff's intimate partner and father of
the minor children listed in this Petition.
7. Plaintiff and Defendant have been involved in the following
court actions for divorce, custody, support, or protection from
abuse:
Case name Case no. Date filed Court
Houck PFA 1992 Franklin County
S. Defendant has been involved in the following criminal
court action: Simple assault 1999 Cumberland County
Defendant is currently incarcerated in the Cumberland County
Prison.
9. Plaintiff seeks temporary custody of the following
children:
Name
Carri G. Houck
Address
304 Shippensburg Rd.
Shippensburg, PA
eirthdates
05/16/92
Hunter B. Houck
304 Shippensburg Rd
Shippensburg, PA
07/17/97
10. Plaintiff and Defendant are the parents of the following
minor children:
Names Ages Addresses
Carri G. Houck 05/16/92 304 Shippensburg Road
Shippensburg, PA
Hunter B. Houck 07/17/97 304 Shippensburg Road
Shippensburg, PA
11. The following information is provided in support of
Plaintiff's request for an order of child custody:
(a) The children were born out of wedlock.
(b) The children are presently in the custody of Plaintiff,
the mother, who resides at 304 Shippensburg Road, Shippensburg,
Cumberland County, Pennsylvania.
(c) During the past five years, the children have resided with
the following persons and at the following addresses:
Persona child
Child's name lived with Address
Carri G. Houck Plaintiff/ Water Fall, PA
Defendant/
Plaintiff's parents
Plaintiff/ Fort Littleton, PA
Defendant
Plaintiff/
Defendant
Bedford, PA
Plaintiff/
Defendant
Plaintiff/
Defendant
Plaintiff
Hunter B. Houck Plaintiff/
Defendant
Plaintiff
9331 Molly Pitcher Hwy
Shippensburg, PA
304 Shippensburg Rd.
Shippensburg, PA
304 Shippensburg Rd.
Shippensburg, PA
304 Shippensburg Rd.
Shippensburg, PA
304 Shippensburg Rd.
Shippensburg, PA
When
10/92-
10/95
10/95-
10/96
10/96-
02/97
02/97-
05/97
05/97-
07/99
07/99-
Present
07/97-
07/99
07/99-
Present
(d) Plaintiff, the mother of the children, is, currently
residing at 304 Shippensburg Road, Shippensburg, Cumberland
County, Pennsylvania.
(e) She is single.
(f) Plaintiff currently resides with the following persons:
Name
Carri G. Houck
Hunter B. Houck
Relationship
Daughter
Son
(g) Defendant, the father of the children, is, currently
residing at Cumberland County Prison, Carlisle, Cumberland
County, Pennsylvania.
(h) He is single.
(i) Defendant is currently incarcerated at Cumberland County
Prison, Carlisle, Cumberland County, Pennsylvania.
(j) Plaintiff has not previously participated in any
litigation concerning custody of the above mentioned children in
this or any other Court.
(k) Plaintiff has no knowledge of any custody proceedings
concerning these children pending before a court in this or any
other jurisdiction.
(1) Plaintiff does not know any person not a party to this
action who has physical custody of the children or claims to have
custody or visitation rights with respect to the children.
(m) The best interests and permanent welfare of the minor
children will be met if custody is temporarily granted to
Plaintiff pending a hearing in this matter for reasons including:
(1) Plaintiff is a responsible parent who has
provided for the emotional and physical needs of the
children since their births, and who can best take care
of the minor children.
(2) Defendant has shown by his abuse of Plaintiff
and/or children that he is not an appropriate role
model for the minor children.
(3) Defendant's behavior has adversely affected the
children.
12. The facts of the most recent incident of abuse are as
follows:
On or about July 17, 1999, Defendant rapidly accelerated
the car, frightening Plaintiff and the minor two-year old child,
and slammed on the brakes, causing the vehicle to slide and
Plaintiff to fear for her safety and the safety of the minor
child. Defendant punched Plaintiff on the side of her head,
causing her to suffer a knot on the side of her head which
required medical attention and broken glasses. While driving,
Defendant continued to punch Plaintiff and knocked the rearview
mirror off of the windshield. When they arrived home, Defendant
put his arm around Plaintiff's neck in a choke hold and
threatened that he was "going to choke her to fucken death," and
"to beat the hell out of Carri,1' their seven year old minor
child. Plaintiff fled to her sister's home for help. Police
arrested Defendant for simple assault.
13. Defendant has committed the following prior acts of abuse
against Plaintiff and/or the minor children:
a. In or around the end of June 1999, Defendant
threatened that he would not be happy until he saw the Plaintiff
116 feet under."
b. On or about December 22, 1998, Defendant threw a
cast iron wood stove to the floor, knocked over the Christmas
tree, broke all of the ornaments and knocked cups off of the
counter while yelling, causing Plaintiff to fear for her safety
and the safety of the minor children.
C. In or around August or September 1998, Defendant
pushed Plaintiff on the floor, causing her to suffer an injured
tailbone.
d. In or around 1996, Defendant took a gun and placed it
under his chin, threatening to kill himself, causing Plaintiff to
fear for her safety and the safety of her minor children.
e. On numerous occasions since 1992, Defendant has abused
Plaintiff in ways including, but not limited to, the following:
punched Plaintiff in the head; yanked her hair; cornered
Plaintiff and yelled at her; put a chokehold on her; and slapped
the minor seven year old child on the head.
14. The following police departments or law enforcement
agencies in the area in which Plaintiff lives should be provided
with a copy of the Protection Order: Carlisle Borough Police and
Pennsylvania State Police.
15. There is an immediate and present danger of further abuse
from the Defendant.
16. Plaintiff is asking the
Defendant from the residence at
Shippensburg, Cumberland County,
Plaintiff's mother.
Court to evict and exclude
304 Shippensburg Road,
Pennsylvania, which is owned by
WHEREFORE, PLAINTIFF REQUESTS 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 in any place where
Plaintiff may be found.
B. Evict and exclude Defendant from Plaintiff's residence and
prohibit Defendant from attempting to enter any temporary or
permanent residence of Plaintiff.
C. Award Plaintiff temporary custody of the minor children and
place the following restrictions or contact between Defendant and
children: supervised visitation at times and dates agreed upon by
the parties.
D. Prohibit Defendant from having any contact with Plaintiff
and/or minor children, either in person, by telephone, or in
writing, personally or through third persons, including, but not
limited. to any contact at Plaintiff's school, business, or place
of employment, except as the Court may find necessary with
respect to partial custody and/or visitation with the minor
children.
E. Prohibit Defendant from having any contact with Plaintiff's
relatives and Plaintiff's children listed in this Petition,
except as the court may find necessary with respect to partial
custody and/or visitation with the minor children.
F. Order Defendant to pay the costs of this action, including
filing fees, service fees, and surcharge of $25.00, in the event
of hearing.
G. Order Defendant to pay $250.00 to reimburse one of Legal
Services, Inc.'s funding sources for the cost of litigation in
this case, in the event of hearing.
H. Order the following additional relief, not listed above:
a. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
b. Defendant is to refrain from harassing Plaintiff's
relatives or the minor children.
I. Grant such other relief as the court deems appropriate.
Order the police or other law enforcement agency to serve
Defendant with a copy of this Petition, any order issued, and the
order for Hearing. Plaintiff will inform the designated
authority of any addresses, other than Defendant's residence,
where Defendant can be served.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LASQ
21. The allegations of Count I above are incorporated herein
as if fully set forth.
22. The best interest and permanent welfare of the minor
children will be served by confirming custody in Plaintiff as set
forth in paragraph #9 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. Sec., and other
applicable rules and law, Plaintiff prays this Honorable Court to
award custody of the minor children to her.
Plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
7G
Dated:
?Joan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I verify that I am the Plaintiff as designated in the present
action and that the facts and statements contained in the above
Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the
penalties of 18 Pa.C.S. §4904, relating to unsworn falsification
to authorities.
y 1
Dated: L-L? Y- "- i 1(5 C.
Myra L? Houck
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MYRA L. HOUCK, for herself IN THE COURT OF COMMON PLEAS OF
And on behalf of minor children, CUMBERLAND COUNTY, PENNSYLVANIA
Cam G. Houck and Hunter S. Houck :
Plaintiff
V.
99-4510 CIVIL
ROGER L. HOUCK,
Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this day of August, 1999, the hearing in the above- captioned
case previously scheduled for Tuesday, August 17, 1999 at 1:30 p.m. in Courtroom #3 is
rescheduled to Wednesday, August 18, 1999 at 10:30 a.m. in Courtroom #3. The
defendant, ROGER L. HOUCK, is ordered to appear for trial on the charge of Indirect
Criminal Contempt before the Court on that date.
William I. Gabig,
Senior Assistant District Attorney
ROGER L. HOUCK
l: ,?.
?' .? ,
Myra L. Houck, for herself,
and on behalf of the minor children,
Cam G. Houck and
Hunter S. Houck,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
Roger L. Houck,
Defendant
NO. 99-4510 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
ORDER FOR CONTINUANCE
AND NOW, this day of August, 1999, upon consideration of the attached Motion
for Continuance, the matter scheduled for hearing on August 3, 1999 by this Court's Order of
July 27, 1999, is hereby continued generally. This Order is entered without prejudice to either
party to request a hearing.
The Temporary Protection Order shall remain in effect for one year or until modified or
terminated by the court.
Certified copies of this Order for Continuance will be provided to the Carlisle Borough
and Pennsylvania State Police Departments by the plaintiffs attorney.
By the Court,
&A,-,,
1K( Ur r 1
e g . offer, Presi nt Judge
Joan Carey
Attorney for Plaintiff - Cc.>Pi'ss y)cat?,vb ??? cxv
Roger L. Houck - A-.)o4l t?7 01, (
Pro Se
..., .
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Myra L. Houck, for herself, : IN THE COURT OF COMMON PLEAS OF
and on behalf of the minor children,
Cam G. Houck and
Hunter S. Houck,
Plaintiff
V.
Roger L. Houck,
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-CIVIL TERM
Defendant PROTECTION FROM ABUSE
AND CUSTODY
MOTION FOR CONTINUANCE
The plaintiff, by the through her attorney, Joan Carey of Legal Services, Inc., moves the
Court for an Order continuing generally the hearing in the above-captioned case on the grounds
that:
A Temporary Protection Order was issued by this Court on July 27, 1999,
scheduling a hearing for August 3, 1999, at 3:00 p.m.
2. The Cumberland County Sheriffs Department served the defendant with a
certified copy of the Temporary Protection Order and Petition for Protection Order on July
27,1999 1999, at approximately 6:50 p.m. at Cumberland County Prison located at 1101
Claremont Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. The parties agree that the hearing be generally continued to afford them time to
execute a Consent Agreement.
4. The plaintiff requests that the Temporary Protection Order remain in effect until
modified or terminated by the court after notice or hearing.
5. Certified copies of the Order for Continuance will be delivered to the
Pennsylvania State and Carlisle Borough Police Departments by the attorney for the plaintiff.
WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this
matter generally, and that the Temporary Protection Order remain in effect until further Order of
Court.
Respectfully submitted,
clip C. rigan
Andrea L and
Joan Carey
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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Myra L. Houck, for herself, :IN THE COURT OF COMMON PLEAS
and on behalf of the minor children:
Carri G. Houck and
Hunter B. Houck,
Plaintiff
:OF CUMBERLAND COUNTY,
:PENNSYLVANIA
VS.
N0. 99 - 4510 CIVIL TERM
Roger L. Houck, ;
Defendant :PROTECTION FROM ABUSE
:AND CUSTODY
FINAL ORDER OF COURT
Defendant's Name: Roger L. Houck
Defendant's Date of Birth: 09/21/70
Defendant's Social Security Number:
Names of Protected *rsons: Myra L.
/Y/I,A1 Car 3 G.
Hu
day of
AND NOW, this V
court having jurisdiction over e :
matter, it is ORDERED, ADJUDGED, an I
187-48-4467
H ck
19 , the
ties and the subject-
BCREED as follows:
Plaintiff is represented by Joan Carey, Philip C. Eriganti, and
Andrea Levy 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 304 Shippensburg Road, Shippensburg, Cumberland
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County, Pennsylvania, 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 a time and date agreed upon by the parties, Defendant may
enter the residence to retrieve his clothing and other personal
effects, provided that Defendant is in the company of a law
enforcement officer when such retrieval is made.
® 3. Except as provided in Paragraph 5 of this order, Defendant
is prohibited from having ANY CONTACT with Plaintiff at any
location.
® 4. Except as provided in Paragraph 5 of this Order, Defendant
shall not contact Plaintiff by telephone or by any other means,
including third parties.
® 5. Custody of the minor children, shall be as follows: see
attached custody order.
? 6. Defendant shall immediately turn over to the Sheriff fIs
Office, or to a local law enforcement agency for delivery to the
Sheriffs 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 Plaintiffs
relatives or the minor children.
f. 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, and an order scheduling a hearing.
No fee shall be required by the Prothonotary's office for the
filing of this petition.
? 12. BRADY INDICATOR
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.
N 13. THIS ORDER SUPERCEDES N 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 SIX 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. 55 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(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiff's 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's 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:
Myra L. Houck, P1 intiff
D
Roge L. Houck, Defendant
Philip/C. Brigand ,
Joan Carey,
Andrea Levy
Attorneys for Plaintiff
Roger L. Houck
Pro Se Defendant
Myra L. Houck, for herself, :IN THE COURT OF COMMON PLEAS
and on behalf of the minor children:
Carri G. Houck and
Hunter S. Houck,
Plaintiff
:OF CUMBERLAND COUNTY,
:PENNSYLVANIA
V.
:NO. 99- 4510 CIVIL TERM
Roger L. Houck,
Defendant :PROTECTION FROM ABUSE
:AND CUSTODY
CUSTODY ORDER
AND NOW, this day of August, 1999, upon consideration
of the parties Consent Agreement, the following order is entered
with regard to custody of the parties, children, Carri G. Houck
(Date of Birth: 05/16/92) and Hunter B. Houck (Date of Birth:
07/17/97).
1. Plaintiff, hereinafter referred to as the mother, shall
have primary physical custody and the parties shall share legal
custody of the children.
2. Defendant, hereinafter referred to as the father, shall
have supervised visitation of the children in the presence of a
third party at times and dates agreed upon by the parties. The
father shall have supervised visitation for the duration of the
Protection from Abuse Order, and thereafter, the father shall
have partial custody at times and dates agreed upon by the
parties.
3. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the Order shall remain in
effect until further order of court.
4. There shall be reasonable notice given to the other
party if a scheduled period of partial custody needs to be
cancelled or modified and a make-up period shall be offered
within a reasonable time frame.
S. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
children are in that parent's care.
6. Neither party shall do anything which may estrange the
children from the other parent, or injure the opinion of the
children as to the other parent or which may hamper the free and
natural development of the children's love or respect for the
other parent.
By thq,-?otf ,/ /
Gforg? * VbOf Sbf, 'Judge
If entered pursuant to the consent of Plaintiff and Defendant:
Roger L. Houck, Defendant
Joan Cakey,
Philip C. Brigan i,
Andrea Levy
Attorney for Plaintiff
Roger L. Houck
Pro Se Defendant
?.J
.? ? .?,
?`t
?-?
.4?`
a?
v
i
fi
Myra L. Houck., for herself,
and on behalf of the minor children,
Carri G. Houck and
Hunter S. Houck,
Plaintiff
VS.
Roger L. Houck,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - 4S'10 CIVIL TERM
:PROTECTION FROM ABUSE AND CUSTODY
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'J
A heaein on this matter is scheduled for the 3 day of
1999, at - 447 m., in Courtroom No. ?1 of the Cumberlan ounty
Courthouse, Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or
terminated by the court after notice and hearing. If you disobey this Order,
the 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 in jail 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. 92265, this Order is
enforceable anywhere in the United States, tribal lands, U.S. Territories and
the Commonwealth of Puerto Rico. If you travel outside of the state and
intentionally violate this order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 U.S.C. §2261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT
TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER,
APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELD. 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 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.
i •? I
Myra L. Houck, for herself,
and on behalf of minor children,
Carri G. Houck and
Hunter S. Houck
Plaintiff
Vs.
Roger L. Houck,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY,
:PENNSYLVANIA
:NO. 99 - 4SJ6 CIVIL TERM
:PROTECTION FROM ABUSE AND
:CUSTODY
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Roger L. Houck
Defendant's Date of Birth: 09/21/70
Defendant's Social Security Number: 187-48-4467
Name of Protected Person: Myra L. Houck
Carri G. Houck
Hunter ouck
AND NOW, this day of , 1999, upon
consideration of the ttached Petition fo rotection from Abuse,
the court hereby enters the following T p ary Order:
® 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 evicted and excluded from Plaintiff's
residence located at 304 Shippensburg Road, Shippensburg,
Cumberland County, Pennsylvania, a residence which is owned by
Plaintiff's mother, or any other permanent or temporary residence
where Plaintiff may live. Plaintiff is granted exclusive
possession of the residence.
® 3. Except for such contact with the minor children as may be
permitted under Paragraph 5 of this Order, Defendant is
prohibited from having ANY CONTACT with Plaintiff at any
?• J
location.
® 4. Except for such contact with the minor children as may be
permitted under Paragraph 5 of this Order, Defendant shall not
contact Plaintiff by telephone or by any other means, including
through third persons.
® 5. Pending the outcome of the final hearing in this matter.
Plaintiff is awarded temporary custody of the following minor
children: Carri G. Houck (Date of Birth: 05/16/92)
Hunter B. Houck (Date of Birth: 07/17/97)
Until the final hearing, all contact between Defendant and the
children shall be limited to the following: supervised visitation
at times agreed upon by the parties.
The local law enforcement agency in the jurisdiction where the
children are located shall ensure that the children are placed in
the care and control of Plaintiff in accordance with the terms of
this Order.
6. Defendant shall immediately relinquish the following
weapons to the Sheriff's Office or a designated local law
enforcement agency for the delivery to the Sheriff's Office:
Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this order.
® 7. The following additional relief is granted:
The Cumberland County Sheriff's Department shall attempt to
make service at Plaintiff's request and without pre-payment of
fees, but service may be accomplished under any applicable Rule
of Civil Procedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this order to Defendant by
mail.
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.
Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives
or the minor children.
® 8. A certified copy of this Order shall be provided to the
police department where Plaintiff resides and any other agency
specified hereafter: Pennsylvania State Police and Carlisle
Borough Police Departments.
® 9. THIS ORDER SUPERSEDES ® ANY PRIOR PFA ORDER AND ? ANY
PRIOR ORDER RELATING TO CHILD CUSTODY
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE
AND HEARING.
NOTICE TO DEFENDANT
Defendant is hereby notified that violation of this order
may result in arrest for indirect criminal contempt, which is
punishable by a fine of up to $1,000.00 and/or up to six months
in jail. 23 Pa.C.S. §6114. Consent of 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 D.S.C. §§ 2261-2262. 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 OFFICIALS
This Order shall be enforced by the police who have
jurisdiction over Plaintiff's residence OR any locations where a
violation of this order occurs OR where Defendant may be located.
If Defendant violates Paragraphs 1 through 6 of this Order,
Defendant 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 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.
Joan Carey
Attorney for Plaintiff
BY THE COURT,
Myra L. Hooch for herself,
and on behalf of minor children
Carri G. Houck and
Hunter S. Houck,
Plaintiff
Vs.
Roger L. Houck
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY,
:PENNSYLVANIA
:NO. 99 - C/520 CIVIL TERM
:PROTECTION FROM ABUSE
:AND CUSTODY
PETITION FOR PROTECTION FROM ABUSE
COUNT I
1. Plaintiff's name is Myra L. Houck.
2. This Petition is filed on behalf of Myra L. Houck,
Carri G. Houck (Date of Birth: 05/16/92) and Hunter B. Houck
(Date of Birth: 07/17/97).
3. The names of all the persons who seek protection from
abuse are Myra L. Houck, Carri G. Houck (Date of Birth: 05/16/92)
and Hunter B. Houck (Date of Birth: 07/17/97).
4. Plaintiff's address is 304 Shippensburg Road,
Shippensburg, Cumberland County, Pennsylvania.
5. Defendant is currently incarcerated at Cumberland County
Prison, Carlisle, Cumberland County, Pennsylvania.
Defendant's Social Security Number is 187-48-4467.
Defendant's date of birth is 09/21/70.
Defendant is unemployed.
6. Defendant is Plaintiff's intimate partner and father of
the minor children listed in this Petition.
7. Plaintiff and Defendant have been involved in the following
court actions for divorce, custody, support, or protection from
abuse:
Case name Case no. Date filed Court
Houck PFA 1992 Franklin County
8. Defendant has been involved in the following criminal
court action: Simple assault 1999 Cumberland County
Defendant is currently incarcerated in the Cumberland County
Prison.
9. Plaintiff seeks temporary custody of the following
children:
Name
Carri G. Houck
Address
304 Shippensburg Rd.
Shippensburg, PA
Birthdates
05/16/92
Hunter B. Houck
304 Shippensburg Rd
Shippensburg, PA
07/17/97
10. Plaintiff and Defendant are the parents of the following
minor children:
Names Acres Addresses
Carri G. Houck 05/16/92 304 Shippensburg Road
Shippensburg, PA
Hunter B. Houck 07/17/97 304 Shippensburg Road
Shippensburg, PA
11. The following information is provided in support of
Plaintiff's request for an order of child custody:
(a) The children were born out of wedlock.
(b) The children are presently in the custody of Plaintiff,
the mother, who resides at 304 Shippensburg Road, Shippensburg,
Cumberland County, Pennsylvania.
(c) During the past five years, the children have resided with
the following persons and at the following addresses:
Persons child
Child's name lived with Address When
Carri G. Houck Plaintiff/ Water Fall, PA 10/92-
Defendant/ 10/95
Plaintiff's parents
Plaintiff/ Fort Littleton, PA 10195-
Defendant 10/96
Plaintiff/ Bedford, PA 10/96-
Defendant 02/97
Plaintiff/ 9331 Molly Pitcher Hwy. 02/97-
Defendant Shippensburg, PA 05/97
Plaintiff/ 304 Shippensburg Rd. 05/97-
Defendant Shippensburg, PA 07/99
Plaintiff 304 Shippensburg Rd. 07/99-
Shippensburg, PA Present
Hunter B. Houck Plaintiff/ 304 Shippensburg Rd. 07/97-
Defendant Shippensburg, PA 07/99
Plaintiff 304 Shippensburg Rd. 07/99-
Shippensburg, PA Present
(d) Plaintiff, the mother of the children, is, currently
residing at 304 Shippensburg Road, Shippensburg, Cumberland
County, Pennsylvania.
(e) She is single.
(f) Plaintiff currently resides with the following persons:
Name Relationship
Carri G. Houck Daughter
Hunter B. Houck Son
(g) Defendant, the father of the children, is, currently
residing at Cumberland County Prison, Carlisle, Cumberland
County, Pennsylvania.
(h) He is single.
(i) Defendant is currently incarcerated at Cumberland County
Prison, Carlisle, Cumberland County, Pennsylvania.
(j) Plaintiff has not previously participated in any
litigation concerning custody of the above mentioned children in
this or any other Court.
(k) Plaintiff has no knowledge of any custody proceedings
concerning these children pending before a court in this or any
other jurisdiction.
(1) Plaintiff does not know any person not a party to this
action who has physical custody of the children or claims to have
custody or visitation rights with respect to the children.
(m) The best interests and permanent welfare of the minor
children will be met if custody is temporarily granted to
Plaintiff pending a hearing in this matter for reasons including:
(1) Plaintiff is a responsible parent who has
provided for the emotional and physical needs of the
children since their births, and who can best take care
of the minor children.
(2) Defendant has shown by his abuse of Plaintiff
and/or children that he is not an appropriate role
model for the minor children.
(3) Defendant's behavior has adversely affected the
children.
12. The facts of the most recent incident of abuse are as
follows:
On or about July 17, 1999, Defendant rapidly accelerated
the car, frightening Plaintiff and the minor two-year old child,
and slammed on the brakes, causing the vehicle to slide and
Plaintiff to fear for her safety and the safety of the minor
child. Defendant punched Plaintiff on the side of her head,
causing her to suffer a knot on the side of her head which
required medical attention and broken glasses. While driving,
Defendant continued to punch Plaintiff and knocked the rearview
mirror off of the windshield. When they arrived home, Defendant
put his arm around Plaintiff's neck in a choke hold and
threatened that he was "going to choke her to fucken death," and
"to beat the hell out of Carri," their seven year old minor
child. Plaintiff fled to her sister's home for help. Police
arrested Defendant for simple assault.
13. Defendant has committed the following prior acts of abuse
against Plaintiff and/or the minor children:
a. In or around the end of June 1999, Defendant
threatened that he would not be happy until he saw the Plaintiff
116 feet under."
b. On or about December 22, 1998, Defendant threw a
cast iron wood stove to the floor, knocked over the Christmas
tree, broke all of the ornaments and knocked cups off of the
counter while yelling, causing Plaintiff to fear for her safety
and the safety of the minor children.
C. In or around August or September 1998, Defendant
pushed Plaintiff on the floor, causing her to suffer an injured
tailbone.
d. In or around 1996, Defendant took a gun and placed it
under his chin, threatening to kill himself, causing Plaintiff to
fear for her safety and the safety of her minor children.
e. On numerous occasions since 1992, Defendant has abused
Plaintiff in ways including, but not limited to, the following:
punched Plaintiff in the head; yanked her hair; cornered
Plaintiff and yelled at her; put a chokehold on her; and slapped
the minor seven year old child on the head.
14. The following police departments or law enforcement
agencies in the area in which Plaintiff lives should be provided
with a copy of the Protection Order: Carlisle Borough Police and
Pennsylvania State Police.
15. There is an immediate and present danger of further abuse
from the Defendant.
16. Plaintiff is asking the
Defendant from the residence at
Shippensburg, Cumberland County,
Plaintiff's mother.
Court to evict and exclude
304 Shippensburg Road,
Pennsylvania, which is owned by
WHEREFORE, PLAINTIFF REQUESTS 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 in any place where
Plaintiff may be found.
B. Evict and exclude Defendant from Plaintiff's residence and
prohibit Defendant from attempting to enter any temporary or
permanent residence of Plaintiff.
C. Award Plaintiff temporary custody of the minor children and
place the following restrictions or contact between Defendant and
children: supervised visitation at times and dates agreed upon by
the parties.
D. Prohibit Defendant from having any contact with Plaintiff
and/or minor children, either in person, by telephone, or in
writing, personally or through third persons, including, but not
limited to any contact at Plaintiff's school, business, or place
of employment, except as the Court may find necessary with
respect to partial custody and/or visitation with the minor
children.
E. Prohibit Defendant from having any contact with Plaintiff's
relatives and Plaintiff's children listed in this Petition,
except as the court may find necessary with respect to partial
custody and/or visitation with the minor children.
F. Order Defendant to pay the costs of this action, including
filing fees, service fees, and surcharge of $25.00, in the event
of hearing.
G. Order Defendant to pay $250.00 to reimburse one of Legal
Services, Inc.'s funding sources for the cost of litigation in
this case, in the event of hearing.
H. Order the following additional relief, not listed above:
a. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
b. Defendant is to refrain from harassing Plaintiff's
relatives or the minor children.
I. Grant such other relief as the court deems appropriate.
order the police or other law enforcement agency to serve
Defendant with a copy of this Petition, any Order issued, and the
Order for Hearing. Plaintiff will inform the designated
authority of any addresses, other than Defendant's residence,
where Defendant can be served.
COUNT II
CUSTODY UNDER PENNSYLVANIA CIISTODY LAW
21. The allegations of Count I above are incorporated herein
as if fully set forth.
22. The best interest and permanent welfare of the minor
children will be served by confirming custody in Plaintiff as set
forth in paragraph #9 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. Sea., and other
applicable rules and law, Plaintiff prays this Honorable Court to
award custody of the minor children to her.
Plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
Dated: 7
Joan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
I verify that I am the Plaintiff as designated in the present
action and that the facts and statements contained in the above
Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the
penalties of 18 Pa.C.S. 54904, relating to unsworn falsification
to authorities.
Dated: C( 1 1?Z?Jn, .C.C.l
Myra Lt Houck
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04510 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOUCK MYRA L ET AL
VS.
HOUCK ROGER L
CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FROM ABUSE _ was served
upon HOUCK ROGER L the
defendant, at 18:50 HOURS, on the 27th day of July
1999 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to ROGER L. HOUCK
a true and attested copy of the PROTECTION FROM ABUSE
together with & CUSTODY, NOTICE OF HEARING & 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
Soo w
18.00
3.10 P
.00
8.00 1?I om s ine, Ff
$29. J.0 -07/28/1999
Sworn and subscribed to before me
this 28q? day of L
by
u y i
19_ A.D.
?? hNWEALTH OF PENNSYLVANIA
/P UNTY OF: CUMBERLAND
09-3-04
DJ Nama'. Hon.
THOMAS A. PLACEY
AM,m: 104 S. SPORTING HILL RD.
MECHANICSBURG, PA
taiawwm (717) 761-8230 17055
DIST ATTNY
ChE
18 52701 §§AI SIMPLE ASSAULT
18 52709 §§A1 HARASSMENT / STALKING
COMMITMENT
COMMONWEALTH OF
PENNSYLVANIA
VS.
DEFENDANT: NaMEaMADDHESS
FHOUCK, ROGER LEE
304 SHIPPENSBURG RD
SHIPPENSBURG, PA 17257
L
DocketNo.: MD 0000074-99
Date Filed: 7/17/99
OTN: L_040408 -4
To ANY AUTHORIZED PERSON of the above named County of this Commonwealth:
You are hereby commanded to convey and deliver into the custody of the Keeper of the county prison the
above named defendant. You, the Keeper are required to receive the defendant into your custody to be
safely kept by you until discharged by due course of law for:
? A PERIOD OF_ DAYS UNTIL
® A HEARING AT
Date: 7 26 99 Place:DISTRICT COURT 09-3-01
81 WALNUT BOTTOM ROAD
Time: 9:00 AM P.O. BOX 361
HTPPEN BURG A ?7 7 0361
HA FURTHER HEARING
Date: Place:
Time
COMMON PLEAS COURT ACTION
? OTHER
1
J
CURRENT AMOUNT OF BAIL: 1,000.00 STRAIGHT BAIL
COMMITMENT REASON: BAIL NOT Po T .O
Witne my hand and otiiciat al is _ ay
10-1 ?%ate District Justice
i
My commission expires 4firstondc of January, 2004. SEAL
AOPC 609.99
LTH OF PENNSYLVANIA
CUMBERLAND
Ir--. 09-3-01
W Name: Mon.
DAVID P. PERKINS, ESQ.
,eo,esa: 81 WALNUT BOTTOM ROAD
P.O. BOX 361
SHIPPENSBURG, PA
Telephone. (717) 532-7676 17257-0361
DIST ATTNY
VS.
DEFENDANT: NAME am ADDRESS
rHOIICR, ROGER LEE
304 SHIPPENSBURG RD
SHIPPENSBURG, PA 17257
L J
DocketNo.: CR-000 0148-99
Date Filed: 7/17/99
OTN: L 040408-4
Date of Birth: 9/21/70
SSN: 187-48-4467
Charge(s):
18 52709 §§A1 HARASSMENT
18 §2701 5§A1 SIMPLE ASSAULT
To ANY AUTHORIZED PERSON of the above named County of this Commonwealth:
You are hereby commanded to convey and deliver into the custody of the Keeper of the county prison the
above named defendant. You, the Keeper are required to receive the defendant into your custody to be
safely kept by you until discharged by due course of law for:
? A PERIOD OF_ DAYS UNTIL
? A HEARING AT
Date: Place:
Time:
? A FURTHER HEARING
" COMMON PLEAS COURT ACTION
? OTHER:
CURRENT AMOUNT OF BAIL: 1,000.00 STRAIGHT BAIL
COMMITMENT REASON:
Witness my hand and y
Date:
BAIL NOT POSTED
i
seal th'sday of
/ G C
My commission expires first Monday of January, Z JD q
AOPC 614-99
RECOMMITMENT
COMMONWEALTH OF
PENNSYLVANIA
District Justice
SEAL
nwealth vs. (Defendant Na
if'DG-e? LI kw
3i) lf
CHARGE(S): f/ji/at e
? ROR
? Nominal Bail
4. 99- Ib53
DJ No: Date of Chaprge'(/s :
DJ Docket No: /
0 ?Ly J?
and Address) NEXT COURT ACTION Date/ Time/ Location
D?Ii?ri{ tTeIFIeA71v/1'
?(rACIVv
SEE ADDITIONAL CHARGES PAGE
? Unsecured Bail
? Monetary Cond
? Nonmonelary Condition(s) (see additional page(s))
in the amount of $
The defendant must appear at all times required until full and final disposition of the taro.
The defendant must obey all further orders of the bail authority.
t. The defendant must give written notice to the bail authority, the clerk of courli the district attorney, and the court bail agency or other designated court bail
,fficer, of any change of address within 48 hours of the dale of the change.
The defendant must neither do, nor cause to be done, nor permit to be done an his/her behalf, any act as proscribed by Section 4952 of the Crimes Code
relating to intimidation of witnesses Or victims) or by Section 4953 (relating to retaliation against witnesses or victims), 18 Pa.Ci.S. §§4952,4953.
.. The defendant must refrain from criminal activity.
YPES OF SECURITY:
7 Cash/Equivalent ? Gov't Bearer Bonds ? Realty w/in Commonwealth
7 _°; Cash sci` Surety Bond i ? Realty outside Commonwealth
OTAL AMOUNT BAIL SET (IF ANY): $ ._? Grp??/? , (see sureties page)
v?(,Lia V"klvrrt4?1
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LaTalatA I auo ?facLOS v?R18CT??v26(
.GREE THAT I WILL APPEAR AT ALL SUBSEQUENT PROCEEDINGS As REQUIRED AND COMPLY ITH ALL THE CONDITIONS OF THE BAIL BOND.
laT eu rA?iti- vgx¢v^vmr?NT 6' ?oaip-
SBONOaKiNEOON ?v 19Q9_? R,??IY^tC 'p6E%9
C) ?`.{rP26E°''?CW ?'?ti?/yl?/17QAPA?y ONt'y
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ned rM akkrmw ed indoor /mee this dev nl , 19 1
/ e A I
Ielelk of Cold w Inulnq Aothailr)APPEARANCE On EMIL BOND
s hoed is valid for ine enllle mnceeJmys and unlit lull and linal da cm hnn of
Labe mouda,p all aYO.Uee OI d.1 W dPPee to the.S.,,lTa Cunt 01 Penn,il .nui
IDGE OR ISSUING AUTHORITY DATE
PLEASE SEE ATTACHED PAGES FOR AOIAIKMAL INFORMATION
C 41MI 96
;_:GDYDyU?-
nonweaallt?h.Q,vs. (Defendant Nan lerl,
)f S
OF
uJ No: Date of Charge(s):
DJ Docket No:
ne and Address) NEXT COURT ACTION Date/ Time/ Location
S/ kiAltir.T BaTT f*11,114PUBkel
the undersigned surely, have posted security In the amount
? Cash/Ec uivalent ? Gov't Bearer Bonds ? Realty Win Commonwealth
? _4b Cash rASurety Bond ? Realty Outside Commonwealth
I have read this information, and I acknowledge that I, my personal representatives, successors, heirs and assigns are
jum. ands verall bo nd with the defendant and any other sureties to pay to the Commonwealth of Pennsylvania the sum of
$ _(?2 ive , which is the full amount of the monetary condition of release in the event the bail bond is forfeited.
I understand that when a monetary condition of release is imposed, if the defendant appears at all times required by the
court and satisfies all the other conditions set forth in the bail bond, then upon full and final disposition of the case, this bond
shall be void. If the defendant fails to appear as required or to comply with the conditions of the bail bond, then this bond
shall remain in full force, and the lull sum of the monetary condition of release may be forfeited, the defendant's release
may be revoked, and a warrant for the defendant's arrest may be issued.
WARRANT OF ATTORNEY: RECOGNIZING THAT I AM WAIVING CERTAIN IMPORTANT RIGHTS,
INCLUDING THE RIGHT OF PREJUDGMENT NOTICE AND HEARING, in accordance with the law, I do hereby
empower any attorney of any court of record within the Commonwealth of Pennsylvania or elsewhere to appear for me at any
time, and with or without declarations filed, and whether or not the defendant be in default, to confess judgment against me,
and in favor of the Commonwealth of Pennsylvania for use of the county, and its assigns, during any term or session of a court
of record of the county for the full amount of the monetary condition of release set forth on the first page of this bail bond,
and costs. I understand that any real estate which I have posted as security in this case may be levied upon to collect the
amount confessed. I waive and release any right of inquisition on that real estate, voluntarily condemn it, and authorize the
Prothonotary, upon a Writ of Execution, to enter my voluntary condemnation. I also agree that any real estate posted by me
in this case may be sold on a Writ of Execution. I hereby forever waive and release any and all errors which may arise in any
proceeding to confess judgment in this case, waive all rights of stay of execution, and waive all laws now in force or laws
passed in the future which exempt real or personal property from execution.
Since a copy of this bail bond and warrant of attorney is being filed in the defendant's case, it shall not be necessary
to file the original as a warrant of attorney, notwithstanding any law or rule of court to the contrary.
I have read this instrument carefully and know that it is true and correct.
(SEAL) / 702 A
e ureN. slgne4 in pan s.Iunouns. p,p, n... IACCress of
Sworn (affirmed) and subscribed before me
l
this /^d\ay of jn. -d /-A- , l9qO
l q
C 12
IS,gnelwe of Unlnd Jus4cel
any
or
any,
administering the cash bail program) will be made within 20 days after full and final disposition.
" Refund of all other types of bail will be made promptly after 20 days following full and final disposition (Ps.R.Cr.P.4015)
" Bring Cash Bail Receipt to Clerk of Courts or Issuing Authority.
QPC 414A5.96
s102 99
CURRENT BAIL INFORMATION Time: 3:50
>; rdtembate: 8/02/99
Report ld; CSS25R Mag. Dist. No.: 09-3-01
Docket Number: CR_0000148-99
Defendant Name: ROUCK, ROGER LEE
Last Bail Action: SET Date: 7 17 99 TimejO.OOPM
Current Set Amount: S 1 - ^^^ ^^ Date: 07/17/99
Common Pleas Court Order Number:
EventTypeARRAj0? Date: 07/17/gg
Time: 10_OO?M
Release Type 1: MONETARY BAIL
Release Type 2: NONMONETARY
Monetary Release Type:-, TR< OUT 158TIr,
Sail Bond Signed: NO- Date:
Time:
SURETY SURETY NAME AND ADDRESS
TYPE SECURITY POSTED PAID IN
TYPE AMOUNT AMOUNT
LAST
SURETY LAST
RECEIPT LAST
RECEIPT LAST
RECEIPT
LAST
LA
LAST
TYPE NUMBER DATE AMOUNT SURETY REFUND REFUND
TYPE DATE CHECK NUMBER
Nominal/Unsecured Suraty:
Release Conditions in Addition to Bail Bond Conditions
Violence Conditions Imposed?ygI
Refrain from entering the residence or, household of the victim or the
victim's place of employment.
Refrain from committing any further criminal conduct against the victim
rn ---
Bail Forfeiture Amount: _$ Date of Execution of Forfeiture:
Bail Forfeiture Set Aside Amount: $
Reason for Last Bail Action of:
A503A•97
DISTRICT ATTORNEY
PRINTED: 8/02/99 15:50:26
MYRA L. HOUCK, for herself,
and on behalf of the minor
children, CARRI G. HOUCK
and HUNTER HOUCK,
Plaintiff
V.
ROGER L. HOUCK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4510 CIVIL TERM
PROTECTION FROM ABUSE
IN RE: DEFENDANT FOUND GUILTY & SENTENCING
ORDER OF COURT
AND NOW, this 18th day of August, 1999, after
hearing and consideration of the testimony presented, we do find
beyond a reasonable doubt that the Defendant did intentionally
do the acts as outlined in the affidavit of probable cause.
Consequently, we do find the Defendant to be in contempt of our
temporary order of August 6, 1999.
Having previously found that the Defendant did
violate the order, the Defendant is sentenced to pay the costs
of prosecution involved in this case, and that he undergo
imprisonment in the Cumberland County Prison for a period of not
less than ten days nor more than six months. The Defendant
having served the ten-day sentence, he is now placed on parole
for the balance of the unexpired term on the condition that he
comply by the terms of the original PFA order dated July 27,
1999, and any permanent order entered prior to today's date,
that he take active steps to obtain employment sufficient for
him to support himself and his children, that he not use the
roadway around the family home on West Creek Road and SR 696
(a/k/a Shippensburg Road), and that he obtain an appointment at
the Roxbury Center within two days of his release from jail to
determine what course of treatment is appropriate to his case.
All contacts with Roxbury must be confirmed in writing by
officials from Roxbury, including any requests for D&A
evaluation and recommendations flowing therefrom.
By the Court,
. OyHoffe, P.J.
Michelle Hamilton, Esquire
Assistant District Attorney
Scott Brenneman, Certified Legal Intern
Office of the Public Defender
Probation
Sheriff
Victim - Witness
CCP
IPO
:srs
?f Od ?1 G?G?ICeYL'
W 4
FILED-CM01
OF THE 17" :101 IOTAAY
99 AUG 19 All 10: 59
CUrdEc,L d\U u: uvrY
PENNSYLVr% 4
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q SRS
8-18