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EVELYN D. MOORE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY~ PENNSYLVAIA
AlI1. qi!- 17/3 f.;iVi I Term
NO. - 1994
CIVIL ACTION LAW
f
r
v.
r
JOEL S. MOORE,
Defendant
PROTECTION FROM ABUSE
FINAL ORDER
PROTECTION, EVICTION, AND NO CONTACT
AND NOW, thia
day of
, 1994, the following Order 10
entered:
1. The Defendant shall refrain from abusing, harassing, and threatening the
Plaintiff or p1adng the Plaintiff in fear of abuse in any place where the Plaintiff
may be found.
2. Effective immediately, the Defendant ia evicted from the residence located
at the following address:
11 Thompson Creek Drive, Shippensburg, Southampton
Township, Cumberland County, Pennsylvania. and the Plaintiff is granted possession of
this residence. The Defendant shall not live at, enter, attempt to enter, or visit
this reaidence, and shall not live at, enter, attempt to enter, or visit any
residence in which the Plaintiff resides in the future while this Order is in effect.
3. The Defendant is prohibited from having any contact with the Plaintiff,
including, but not limited to, any contact with the Plaintiff at her place of
employment, and from harassing the Plaintiff or the Plaintiff's relatives or
children, and from following the Plaintiff and/or waiting outside her place of
employment or outside her place of residence.
4. The Defendant shall pay the coats of filing and service of the petition and
orders herein, Full payment shall be made within thirty (30) daya from the date of
this Order.
MARK, WEIGLE AND PERKINS - ATTORNEVS AT LAW - t2G EAST KING STREET _ SHIPPENSBURG. PA. 172S7
S. This Order shall remain in full force and effect until one year from the
date of this Order,
6. THIS IS AN ORDER OF COURT, ANY VIOLATION OF THIS ORDER SHALL CONSTITUTE
CONTEMPT OF COURT AND MAY BE PUNISHABLE BY A FINE OF UP TO $1,000 AND A JAIL SENTENCE
OF UP TO SIX MONTHS.
The Defendant is hereby further specifically notified that, if he resumes
residence in the family domicile contrary to this Order, he may be in indirect
criminal contempt, which is punishable by a fine not to exceed $1,000, imprisonment
of up to six months in jail, snd other possible relief. Consent of the Plaintiff to
the resumption of residence with the Plaintiff shall not invalidate this Order. The
Defendant shall seek modification of this Order before resuming residence in the
family domiCile, wherever it may be.
7. The Prothonotary's office shall make the necessary copies of this Order and
shall mail a copy of this Order to the police departments in the jurisdictions where
the Plaintiff resides and is employed. The Prothonotary's office shall also mail a
copy of this Order to the State Police, the Plaintiff, the Defendant, and Mark,
Weigle and Perkins (Attorneys for Plaintiff), and shall file a copy in the county
registry of protection ordero.
8. Law enforcement officers, the staff of the county registry of protection
orders, and court personnel shall not disclose the addreso of the domestic violence
program and any confidential address of the Plaintiff to the Defendant, the
Defendant's counsel, or any third party.
By the Court,
MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA. 17257
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EVELYN D. MOORE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
9'1-(7'3 tWJ ~
NO. CIVIL 1994
v,
JOEL S. MOORE,
Defendant
PROTECTION FROM ABUSE
TEMPORARY PROTECTIVE ORDER
AND NOW, this
<=is 11., day of
~r~ ; l
, 1994, at
'2-'.aS P. M., upon
presentation and conaideration of the within Petition, and upon finding that the
Plaintiff, Evelyn D. Moore, is in immediate and present danger of abuse from the
Defendant, Joel S. Moore, the following Temporary Order ia entered.
The Defendant, Joel S, Moore, now residing at 1024 Stoney Bridge Drive,
Chambersburg, Franklin County, Pennsylvania, is hereby enjoined from harassing or
physically abusing the Plaintiff, or placing her in fear of abuse.
The Defendant, Joel S. Moore, is hereby excluded from the residence of the
Plaintiff located at 11 Thompson Creek Drive, Shippensburg, Southampton Township,
Cumberland County, Pennsylvania.
This Order shall remain in effect until a final order is entered in this case.
A hearing shall be held on this matter on ~~
, the /stLday of C~
1994, at q.~tr M., in Courtroom No. ~, Cumberland County Courthouse, Carlisle,
Pennsylvania.
The Cumberland County Sheriff's Office shall attempt to make aervice at the
Plaintiff's request, but service may be accomplished under any applicable rule of
Civil Procedure.
The Pennsylvania State Police and the Mid-Cumberland Regional Police will be
provided with a copy of this Order by attorneys for Plaintiff, This Order
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG. PA. 17257
. .
shs11 be enforced by any law enforcement agency where a violation occurs by arrest
for indirect criminal contempt without warrant upon probable cauee that this Order
MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW _ 128 EAST KINa STREET _ SHIPPEN58URG, PA. 17257
By the Court, /J
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haa been violated, whether or not the violation is committed in the preaence of the
police officer. In the event that an arrest is made under this section, the
Defendant shall not be taken to jail but aha11 be taken without unnecessary delay
before the court that issued the Order. When that court is unavailable, the
Defendant shall be arrsigned before s district justice who shall set bail according
to the provisions of Chspter 4000 of the Pennsylvania Rules of Criminal Procedure
(35 P,S. Section 10190).
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EVELYN D. MOORE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
CIVIL 1994
JOEL S. MOORE,
Defendant
PROTECTION FROM ABUSE
PETITION FOR RELIEF UNDER TilE
PROTECTION FROM ABUSE ACT
35 P.S, Section 10186(1) et seq,
1, The Plaintiff is Evelyn D. Moore, an adult individual, residing at
11 Thompson Creek Drive, Shippensburg, Cumberland County, Pennsylvania.
2, The Defendant is the Plaintiff's husband, Joel S. Moore, an adult
individual, residing at 1024 Stoney Bridge Drive, Chambersburg, Franklin County,
Pennsylvania.
3, The Plaintiff and Defendant own real estate jointly as husband and wife,
which is located at 11 Thompson Creek Drive, Shippensburg, Southampton Township,
Cumberland County, Pennsylvania, which Defendant voluntarily vacated for the last
time on or about February 5, 1994.
4. Plaintiff presently resides with one of the couple's daughters, Colleen Rae
Moore, age 19, in the above described former marital residence, located at
11 Thompson Creek Drive, Shippensburg, Southampton Township, Cumberland County,
Pennsylvania.
5. Throughout the couple's married life together, Defendant has displayed a
violent, uncontrollable temper, has used alcohol excessively, and continues to
harass, threaten and bother the Plaintiff and her daughters,
6. The home from which the Court is being asked to exclude the Defendant is the
jointly owned marital residence located at 11 Thompson Creek Drive, Shippensburg,
Southampton Township, Cumberland County, Pennsylvania,
MARK. WEIGLE AND Pt':RKINS -. Al'TOlmF:YS AT LAW - 125 EAST KING STREET _ SHIPPENSDURO, PA. 17257
.'
7, Defendant's most recent acts or conduct which have annoyed, alarmed and
caused great anxiety in Plaintiff and her daughters included coming to the marital
home on March 29, 1994, at approximately 5:30 p,m. and breaking into a pad locked
garage and removing marital property and coming to the marital property on March 28,
1994, at approximately 5:30 p,m. yelling and acreaming to be let inside, calling the
Plaintiff a coward, threatening that Plaintiff would pay for attempting to keep
Defendant away from her. cutting the telephone wires so that Plaintiff could not
contact the State Police and remaining outside the premises for approximately 1
and 1/2 hours to 2 hours.
8. Additional abusive conduct directed toward the Plaintiff and the couple's
children during the course of the marriage have included:
a. Brandishing a gun in front of the couple's married daughter within the
last thirty (30) days.
b, Hitting Plaintiff and Plaintiff's children with both open hand and
closed fist on various occasions.
c. Telling Plaintiff he would "get her" if she did not do as he commanded.
d. Attempting to prevent Plaintiff from leaving the marital residence to
avoid contact with Defendant
e. Throwing Plaintiff to the floor and against walls and vehicles during
the course of marital arguments.
f. Calling Plaintiff a "Bitch" and threatening to kill her.
g, Telling one of his children that he knew people in Texas who didn't care
about the law who would do whatever had to be done.
h. When Plaintiff found Defendant and another womsn in a hotel during
October. 1993. Defendant threw Plaintiff up against her automobile and
told her not to bother him.
MARK, WEIGLE AND PERKINS _ ATTORNEVS AT lAW - 126 EAST KINO STREET _ SHIPPENSBURG, PA. 17257
.
i. On at least one occasion during the couple's married life together,
Defendant came home in sn intoxicated condition and raped and beat the
Plaintiff.
j. Following the Plaintiff from place to place both in vehicles and on
foot.
9, The above described activities have been not only disruptive snd bothersome
to Plaintiff and her children over the years, but have caused Plaintiff to have great
fear of both verbal and physical abuse every time she is confronted by the Defendant.
10, Plaintiff seeks relief contained in the attached Orders because she believes
there is an immediate and present danger of further abusive threatening and
disruptive behavior.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of
October 7, 1976,35 P.S, Section 10181 et seq" as amended, the Plaintiff prays that
your Honorable Court grant the attached proposed Temporary Order immediately, enter
the attached proposed Final Order after a hearing, grant such other relief, including
attorney's fees, as the Court deems proper, and provide the following relief:
1. Grant a Temporary Order pursuant to the "Protection from Abuse Act:"
A. Requiring the Defendant to refrain from abusing the Plaintiff and/or placing
her in fear of abuse;
B, Requiring the Defendant to refrain from harassing the Plaintiff;
C, Excluding the Defendant from the Plaintiff's residence located at 11 Thompson
Creek Drive, Shippensburg, Southampton Township, Cumberland County,
Pennsylvania,
D, Ordering the Defendant to refrain from following the Plaintiff and/or waiting
outside her place of employment and her place of residence.
MARK, WEIGLE AND PERKINS - ATTORNEVS AT LAW - 126 EAST KINO STREET - SHIPPENSOURG. PA. 17251
.
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2. 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:
A. Requiring the Defendant to refrain from abusing the Plaintiff and/or placing
him in fear of abuse;
B. Requiring the Defendant to refrain from harassing the Plaintiff; and
C. Ordering the Defendant to stay away from the Plaintiff's residence and any
residence the Plaintiff may in the future establish for herself.
D, Ordering the Defendant to refrain from following the Plaintiff and/or waiting
outside her place of employment and her place of residence.
Respectfully submitted,
eigle
orney f r Plaintiff
MARK, WEIGL AND PERKINS
Attorney I,D. #01624
126 East King Street
Shippensburg. PA 17257
Telephone: (717) 532-7388
MARK, WEIGLE AND PERKINS - ATTORNEVS AT LAW _ 126 EAST KING S'(REET _ SHIPPENSBURG. PA. 17257
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I verify that the statements made in the foregoing Petition are true and
correct, I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.14904, relating to unsworn falsification to authorities.
Date: J1 ;3}- 9?"
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vely D. Moore
MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KINO STREET _ SHIPPENSBURG. PA. 17257
."- ...~~~....y:-,..!....~77.~
,
IN RE: PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW, this 15th day of April, 1994, upon
consideration of the Petition for Relief Under the Protection
From Abuse Act, and upon agreement of the parties reached in
open court, it is ordered and decreed as follows:
1. The Defendant, Joel S. Moore, shall refrain
from abusing, harassing, and threatening the Plaintiff, Evelyn
D. Moore, or placing the Plaintiff in fear of abuse in any place
where the Plaintiff may be found.
2. Effective immediately, the Defendant is
evicted from the residence located at the following address: 11
Thompson Creek Drive, Shippenburg, Southampton Township,
Cumberland County, Pennsylvania, and the Plaintiff is granted
possession of this residence. The Defendant shall not live at,
enter, attempt to enter, or visit this residence, and shall not
live at, enter, attempt to enter, or visit any residence in
which the Plaintiff resides in the future while this Order is in
effect.
3. The Defendant is prohibited from having any
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contact with the Plaintiff, including, but not limited to, any
contact with the Plaintiff at her place of employment, and from
harassing the Plaintiff or the Plaintiff's relatives or
children, and from following the Plaintiff and/or waiting
outside her place of employment or outside her place of
residence.
4. The Plaintiff, Evelyn D. Moore, shall refrain
from abusing, harassing, and threatening the Defendant, Joel S.
Moore, or placing the Defendant in fear of abuse at any place
where the Defendant may be found.
5. The Plaintiff shall not live at, enter,
attempt to enter, or visit Defendant's residence, and shall not
live at, enter, attempt to enter, or visit any residence in
which the Defendant resides in the future while this Order is in
effect.
6. The Plaintiff is prohibited from having any
contact with the Defendant, including, but not limited to, any
contact with the Defendant at his place of employment, and from
harassing the Defendant, and from following the Defendant and/or
waiting outside his place of employment or outside his place of
residence.
7. The Defendant shall pay the costs of filing
and service of the Petition and Orders herein. Full payment
shall be made within 30 days from the date of this Order.
8. This Order shall remain in full force and
effect until one year from the date of this Order.
9. This is an Order of Court. Any violation of
this Order shall constitute contempt of court and may be
punishable by a fine of up to $1000.00 and a jail sentence of up
to six months. The Defendant is hereby further specifically
notified that, if he resumes residence in the family domicile
contrary to this Order of Court, he may be in indirect criminal
contempt, which is punishable by a fine not to exceed $1000.00,
imprisonment up to six months in jail, and other possible
relief. Consent of the Plaintiff to the resumption of residence
with the Plaintiff shall not invalidate this Order. The
Defendant shall seek modification of this Order before resuming
residence in the family domicile, wherever it may be.
10. Plaintiff's counsel shall make the necessary
copies of this Order and shall mail or deliver a copy of this
Order to the police departments in the juriSdiction where the
Plaintiff and Defendant reside and are employed.
By the
4
DAVID PERKINS, ESQUIR~.~J ,lf~
For the Plaintiff ~~1'r;~_
JOEL s. MOORE, PRO SE ~'1/1~ 'f).y4y
1024 Stoney Bridge Drive' ~~~
Chambersburg, PA 17201
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SHERIFF'S DEPARTMENTJI"
157 LINCOLN WAY EAST, CHAMBERSBURG. PENN!iYLVANIA 17;>01 (717) 264-4125 DK47PI96
--- SHERIFFSERVICe---'- - -- . [~-S~71~ClI0~~-;:OIl BEIlVICE OF PROCESS I'luoou Iypo or p",~'
PROCESS RECEIPT, and AFFIDAVIT OF RETURN IOlllbly 00 nol dllloch uny COpIOO.
I I'lAI':liFris,'" - ,. -.---------' --.. -, -~.-C~~:i-N9U4M~EIl1713' rClrYll Te- --
____ Evel~n.l?~ Ho.~~, .-
~I DEFENDANt 151 - ._.~..~ .-----.---- <1 1 Viii or WHit on COMPLAIN'
Joel S. Hoare etltlon for Proto from Abuse an,
SERVE'--"~ {- -- -~', N-AMJI-o(l-'e-'lNlls,vi.IlUH"io"'oi;(r'Me'IIANV, GOIW OIIAIION r-h:- iC-'SlJ.iil-:I-olt III ~,UUlIII(IU (j, ,"ijUJl1rUIY 16Tii: I LVllD. AI I"Cltl~iiOlt5(}U)'-
. Complaint In Dlv~~e
- Ii- A-ribuESS CStfCl!t Of Itro. Apa,llnonl No, Cllv~BO<<)-:-f~I;~sii-l-l~ illll-'I.lij- C(').I(~'- _d ~.- "n__'
.J.~ . _ ~e~_~erke~y Amy Depot, Ch~be.!s~r8!, .1'.rankl1n Coul!.tb,_~~_ 17201
I INDICATE UNUSUAl SEIIVICE 11 COMMON OF I'A 0 DEPUTIZE rJ 01llEIl
Now.--=:"'_~_. _~.19--=-_-=.i'SHERIFF OF FRANKLIN-COUNTY. P'A, do IlI!"'hVd~I;~iilU ih~'Shurill 01
______.._____ ...u. County to mmcule this Writ and mako rnturn thoreof lIccording
10 law, This dnpul,,"on being modo alllle requosl and risk orlhe pla",IIII ______._ ._,___d
____.__ ___. ,.__,_ .___,__ :lIILIWUJUliI\H,UItliLlJUH'Y
8. SPECIAL INSlRUct10NS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SERVICE,
Defendant works at Letterkenny
he can be served at his residence:
Franklin County, PA 17201.
as a dispatcher until 4:00 p.m. After 4:00
1024 Stoney Bridge Drive, Chambersburg,
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15, Exp".hon'Hc'f1ng d;
4/15/94
16 I hereby CERTlFY and RETURN that I hay personally served. 0 havo (COil I cv'dul.c~-;-0l-5-c;-;iCl! as shown in "Remarks-. (J have executed as shown
in "Remarks", Ihe wnl or complainl d scri d on the individual. company. corpomllon. (,11: . ..tlhe mJdross shown abovo or on the individual. company.
c.ofl}Qfntion. t!lc . at lho address inserted claw by handling a mUE Gnd ATTESTED COPY thomof
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17 0 I herehy cerllly ilnd relum a NOT FOUND because I am unable 10 loc.llll the UldlVllhJal, cOll1puny. corporallon, clc" nomed above, (Seu remarks bolo\
18 Nama nflc1 hlle-oi Indivtdual served III not shown above) .- -- .-- - 19. A pt.>f&Ol1 of Mlltabllt~.nddCWcthOnlhen
leW"'O In lhlt de""""'''. usu.lI pl,xc 01
o1blMJu tJ
~ 1. Data 01 Sofvicu 22, Timo
13 I acknowledge receipl ollha writ}
or compfainl DR Indicated abovo.
20. Addrcss-o"-~hoiu'scrvod (complele only if different Ihan shown above) (Slreet or liF~jj: Apatlmenl No,
Cily, Bora. TWl) State and lip Code)
4/14/94
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24_ Advaf1ct~ Cosls 2,fJ, Rmvlco Costs
50,00 0118 14,00
30. REMAliKS . .--- - -, -. .--
~~.. ~;. I~Lalo L:~'eol oop Inlf o.~e r Milo~top.lnl.
26 NolafV Cert IT MII~.lllc' 01 PO'il,111l" \28 Tolnl Costs
2.00 6.44 22,44
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