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Home My WebLink About94-01592 Q) g ~ ~ ~ p J . 1';,,;';"';""->'''''''' Uf'1I'Jll:lOl.(P '":..~,'. . .<~'l!:?~ . JILL M. HANK, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . . . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO.94- I~~J CIVIL 1994 . . . MARK R. MAHONEY, . PROTECTION FROM ABUSE . Defendant . . AND NOW, TEMPORARY PROTECTIVE this ~day of , 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Jill M. Hank, now residing at l65 Big Spring Terrace, Newville, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Mark R. Mahoney, the following Temporary Order is entered. The defendant, Mark R. Mahoney, now residing at 33l Grayson Road, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Jill M. Hank, or placing her in fear of abuse and is excluded from the residence located at l65 Big spring Terrace, Newville, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is puniShable by a fine not to exceed $l,OOO.OO and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order directing the defendant to refrain ....' '.~ li HAR 30 ~ 11 PH '911 II:, j,'UfFICE OF THE ~;:OTHOHOTA~1' CUHBrFlLAND COUNTY PEhNS'rlVAI4IA from abusing the plaintiff. The defendant shall seek modification of this Order before resuming residence in the plaintiff's domicile, wherever it may be. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, entering the place of employment of the plaintiff and harassing or stalking the plaintiff. The defendant if further ordered to refrain from harassing the plaintiff's relatives. This Order shall remain in effect until a final order is entered in this I t'L.' ~ day of case. A hearing shall be held ('!'J I , Cumberland County Courthouse, Carlisle, , 1994, at on this matter on tJ :tlV I9:m. in the Courtroom No ...... '3 Pennsylvania. The plaintiff may proceed in forma DauDeris pending a further order after the hearing. The Cumberland County Sheriff's office shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of civil Procedure. The Pennsylvania State Police Department will be provided with a copy of this Order by attorneys for the plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall not be taken to jail but shall be . 1'"' ,.-, I.~' :... .1.. _ :~'M" . taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the defendant shall be arraigned before a district justice, who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of criminal Procedure (23 Pa.C.S.A. section 6113). By the court, J. ~I,"'," I'!~ .;J?<..~ ~,:,' JILL M. HANK, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . . CUMBERLAND COUNTY PENNSYLVANIA v. . NO.94- CIVIL TERM 1994 . MARK R. MAHONEY, . . Defendant . PROTECTION FROM ABUSE . . . NOTJCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA l70l3 TELEPHONE NUMBER: (7l7) 240-6200 JILL M. HANK, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . . . CUMBERLAND COUNTY, PENNSYLVANIA . v. . . . NO.94- CIVIL 1994 . MARK R. MAHONEY, Defendant . PROTECTION FROM ABUSE . PETITION FOR:PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6l0l A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 165 Big Spring Terrace, Newville, Cumberland county, Pennsylvania, 1724l. 2. The defendant is an adult individual residing at 331 Greason Road, Carlisle, Cumberland county, Pennsylvania, 17013. 3. The defendant is the plaintiff's former intimate partner. 4. Since approximately November 1993, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff and by physical menace has placed the plaintiff in fear of imminent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a. On or about March 26, 1994, the defendant forcibly pushed the plaintiff with his left forearm to her throat, and restrained her against the sink. The defendant then shoved the plaintiff into the bathtub. Shortly thereafter the defendant kicked the closet doors, causing them to break, pushed the plaintiff onto the bed, climbed on top of her and restrained her by putting his knees on her biceps. The defendant then picked up a pillow and put it over the plaintiff's face smothering her, causing the plaintiff to fear for her safety. Later that day the defendant punched the plaintiff in her head. The plaintiff's parents intervened and telephoned the police, who picked the defendant up and charged him with simple assault. b. On or about March l7, 1993, the defendant threatened to burn down the home if the plaintiff proceeded with legal action for his abusiveness. c. On or about March l6, 1994, the defendant pushed the plaintiff down the hallway, threw her onto the bed, sat on the plaintiff's body, restrained her with his knees, and held a pillow over her face cutting off her air. d. On or about March 5, 1994, the defendant grabbed the plaintiff, threw her onto the bed, sat on her chest, and using both hands the defendant choked the plaintiff and cut off her airway. When the plaintiff freed the defendant's hands from her throat, the defendant then covered her mouth and nose with his hands, causing the plaintiff to pass out. e. On several occasions since approximatelY November 1993 through February 1994, the defendant has on several occasions, pushed, shoved, and physically restrained the defendant. The defendant has on several occasions hid the plaintiff's insulin which the plaintiff needs twice a day for her health. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant ,-, ';"-"" .~r<""A .~ ___,;C_ , ...1'4'.'-'1""-'"" ""'_'r"""','''''''''' -:"'"-11'>"_~ __....,.._"".,....,.!_"''''~_......~!f,;.<-,..~'.!,"'!"'I4." I."... ''IiL.-.~ll..&. _ ..1,.,. ~ j~,..- , .' . - , should she remain in the home without defendant's exclusion and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be restrained from entering her place of employment, having any contact with her, harassing or stalking the plaintiff or plaintiff's relatives. B. EXCLUSIVE POSSESSION 7. The plaintiff currently has no place to stay except the home, and the defendant is presently residing with his parents, Richard Mahoney and Ann Mahoney, in their residence located at 33l Greason Road, Carlisle, Pennsylvania, 170l3. C. LOSSES 8. The plaintiff asks for reasonable attorney's fees to be paid to Legal Services, Inc. pursuant to the Protection from Abuse Act. D. STATUS TO PROCEED IN FORMA PAUPERIS 9. The defendant is employed at Ritner Steel and has a salary of $5.75/hour. lO. The plaintiff currently is laid-off from Ross Distribution Center. 11. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. section 6l0l ~ sea., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Requiring the defendant to refrain from abusing the plaintiff or placing her/them in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not limited to, entering the place of employment and from harassing or stalking the plaintiff. 3. Requiring the defendant to refrain from harassing or stalking the plaintiff's relatives. 4. Granting possession of the mobile home located at 165 Big Spring Terrace, Newville, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter; 5. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; and B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not limited to, restraining the defendant from entering the place of employment and from harassing or stalking the plaintiff. 3. Requiring the defendant to refrain from harassing or stalking the plaintiff's relatives. ,,~-,--~~:"'-,....-' -,--~,~- 4. Grantinq possession of the mobile home located at 165 Big Spring Terrace, Newville, cumberland county, Pennsylvania to the plaintiff to the exclusion of the defendant. 5. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 6. Ordering the defendant to pay the plaintiff's attorney's fees to Legal services, Inc. pursuant to the Protection From Abuse Act. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that a copy of this Petition and Order be delivered to the Pennsylvania state police Department as the Police Department with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ~r~ Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, Pa l70l3 (717) 243-9400 .. .... ""-,,'>,~_.,v;;,:,,-,...,. 1......-'.. , '<.:....:.....:..~;a~~.i>!t:..~_ ~ ",'.'"- it , The above-named Plaintiff, Jill H. Hank, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. e.s. 64904, relating to unsworn falsification to authorities. Date: ~~-. 10-91/ 9;/$ ~ Jill H. Hank, Plaintiff SHERIFF'S RETURN ~'lli OF PENNSYLVANIA: COUNl'Y OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-1592 Civil Term Temporary Protective Order Protection From Abuse Notice & Petition for Protective Order Jill M. Hank vs Mark R. Mahoney William Diehl , SIIlilfKDeClSlf Deputy Sheriff of CUnberland County, Pennsylvania, who being duly 5\>'Om according to law, says, Temporary Protective Order Protection From that he served the within Abuse, Notice & Petition for Protective Order upon Mark R. Mahoney P.M. EST / KIII9CDt on the 5:30 o'clock , the defendant, at 30 day of March , 1994 at 331 Greason Road, Carlisle , CUnberland County, Pennsylvania, by handing to Mark R. Mahoney Temporary Protective Order Protection From Abuse a true and attested copy of thlllotice & Petition for Protective Order and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: r~<-<:~~ 14.00 2.80 2.00 18.80 R. Thanas Kline, Sheriff Sworn and subscribed to before Ire this ~-fa day of ~ 19 q~ A~~ j by ~ ~~ uty Sheriff \... I I l~:ii~~t?;+~i:~~ '. Jill M. Hank. IN TBB COURT or COKMON PLBAB or CUKBBRLAIfD COUNTY, PBHHSYLVAUIA Plaint:iff No. 94-l592 CIVIL TERM vs. PROTECTION FROM ABUSE MARK R. MAHONEY. Defendant. PRAECIPE TO WITHDRAW ACTION The Dlaintiff in the above-cactioned case reauests that the Petition for Protection from Abuse filed on March 30. 1994. be withdrawn. and the Temcorarv Protective Order be vacated. To Lawrence E. Welker Prothonotary 19 ~ ;: :", wi#~ "_ No. 94-1592 civil Term Jill M. Hank. Plaintiff va. Mark R. Mahon~v. Defendant PRABCIPB Filed Philin c. Briaanti LEGAL SERVICES. INC. n;;=: '" " ~t: .,~.: "l~^ . :en,t"r- ~;u "^ ,"' v1'~ ~. ( .<....c. . r ~-~':.,l .~O:t.~ '-r;")O"'l'l ~''';)~n ~.::.:('-',.., "".... -,> -<'" -< 19 , Atty. z:., .... "" en is N ... - :z . ~ ..--,..- .' '1