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HomeMy WebLinkAbout94-02211 . VI 71 t ji 01 \ '~ / ( ~ J J TONYA MARIE CRUM, petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . " v. 94-2211 CIVIL TERM RICHARD ANTHONY HODGE, Defendant INDIRECT CRIMINAL CONTEMPT IN REI APPOINTMENT OF COUNSEL ORDER OF COURT AND NOW, this 28th day of March, 1995, upon consideration of the Defendant's application for the assignment of counsel, and it appearing that the Public Defender's Office may have a conflict with respect to this case, Michelle R. St. Clair, Esquire, is appointed by the Court to represent the Defendant. By the Court, Travis N. Gery, Esquire Assistant District Attorney Michelle R. St. Clair, Esquire Court-appointed Counsel Court Administrator CCP :slr &"l~"" ,'l1t.-":.Ge{ 3/31/9.(, ..or. I; 1,,'> L ' , ' " ,': t. U ;, i' H~n 3Q II 511 ;Ia '95 TONYA MARIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS OF rr') CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - ~.;lll CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY vs. RICHARD ANTHONY HODGE, Defendant PROTECTIVE ORDER AND NOW, this ~ day of June, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, RICHARD ANTHONY HODGE, is enjoined from physically abusing the plaintiff, TONYA MARIE CRUM, or from placing her in fear of abuse. 2. The defendant, RICHARD ANTHONY HODGE, is enjoined from having any contact with the plaintiff, except for the purpose of facilitating visitation, including but not limited to, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. 3. The defendant, RICHARD ANTHONY HODGE, is ordered to stay away from the residence located at 111 North Hanover Street, Carlisle, Pennsylvania, and from any other residence the plaintiff may establish for herself in the future, except for the purpose of facilitating visitation. The defendant shall seek modification (change) of this Order before living with the plaintiff in a domicile she may establish for herself in the future, wherever it may be. 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 $1,000 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 defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. 4. The defendant is ordered to pay the plaintiff's out-of- pocket losses which are listed on the "Out-of-Pocket Losses" form in the amount of $172.10 within 120 days of the entry of this Order. 5. This Order shall remain in effect for a period of one year. 6. The Carlisle Police Department will be provided with a copy of this Order by attorneys for plaintiff and may enforce this Order 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 taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the defendant shall be taken before the appropriate district justice (23 PS section 6113). By the Court r /' J. .., I. .. . TONYA MARIE CRUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF . . CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94 - ~lJI CIVIL TERM vs. PROTECTION FROM ABUSE AND CUSTODY RICHARD ANTHONY HODGE, Defendant CUSTODY ORDER AND NOW, this ~ day of June, 1994, upon consideration of the parties' Consent Agreement, the following custody Order is entered with regard to custody of the parties' child, TYSHAWN TYLER HODGE. 1. The plaintiff will have primary physical and legal custody of the child. 2. The defendant will have visitation with the child at times and places to be mutually agreed upon by the parties. 3. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. By the court, / ~ TONYA MARIE CRUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM vs. PROTECTION FROM ABUSE : AND CUSTODY RICHARD ANTHONY HODGE, Defendant . . CONSENT AGREEMENT This Agreement is entered on this day of June, 1994, by the plaintiff, TONYA MARIE CRUM, and the defendant, RICHARD ANTHONY HODGE. The plaintiff is represented by Joan Carey, of Legal Services, Inc.; the 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. 1. The defendant, RICHARD ANTHONY HODGE, agrees to refrain from abusing the plaintiff, TONYA MARIE CRUM, or from placing her in fear of abuse. 2. The defendant agrees not to have any contact with the plaintiff, except for the purpose of facilitating visitation. 3. The defendant agrees not to harass or stalk the plaintiff or harass the plaintiff's relatives. 4. The defendant agrees to stay away from the residence located at 111 North Hanover Street, Carlisle, Pennsylvania, except for the purpose of facilitating visitation. 5. The defendant agrees to stay away from any residence the Plaintiff may establish for herself in the future, except for the purpose of facilitating visitation. .. 6. The defendant agrees to reimburse the plaintiff's out- of-pocket losses suffered as result of the abuse including but not limited to the losses listed on the 1I0ut-of-Pocket Lossesll form in the amount of $172.10 within 120 days of the entry of this Order. 7. The defendant, although entering into this Agreement, does not admit the allegations made in this Petition. B. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 9. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. 10. The defendant and the plaintiff agree to the entry of the following custody order regarding their child, Tyshawn Tyler Hodge: a. The mother will have primary physical and legal custody of the child. b. The father will have visitation with the child at times and places which are mutually agreed upon by the parties. c. The parties realize that their child's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other ..... . , parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. Q~ \ ~ m QJi l (If{\ ~onya M. Crum, Plaintiff "- an Carey Attorney for Pl LEGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 AND NOW, this reDER FOR CONTINUANCE ~ day of May, 1994, upon consideration of v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2211 CIVIL TERM TONYA MARIE CRUM, Plaintiff RICHARD ANTHONY HODGE, Defendant PROTECTION FROM ABUSE AND CUSTODY the attached Motion for Continuance, the hearing scheduled for May 6, 1994, at 8:30 a.m. in Courtroom No.5, is continued until '/J?a.u ,t)? ,1994, at ,J:3.? ~ .M. The Temporary Protective Order will remain in effect pending further order of Court. A copy of this Order for Continuance will be provided to the Carlisle Police Department by the attorneys for the plaintiff. By the Court, J. )f 1J.tP) ~ .J I bt\ It ": ' '. I,'! , -;r \ q~ J!f, l ! v' " '~\ '" :) ~6, HJ LC r. [, ) ~I! " .,I .. TONY A MARIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2211 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY v. RICHARD ANTHONY HODGE, Defendant MOTION FOR CONTINUANCE The plaintiff moves this Court for an Order continuing the hearing of this case until further Order of Court, on the grounds that: 1. A Temporary Protective Order was issued by this Court on the 27th day of May, 1994, scheduling a hearing for the 6th day of May, 1994, at 8:30 a.m. 2. The Cumberland County Sheriff's Department has attempted to serve the defendant, but have bee~ unable to effect service. 3. The plaintiff requests that a continuance be entered and that the Temporary Protective Order remain in effect pending further order of court. 4. A copy of the Order for Continuance will be delivered to the Carlisle Police Department by attorneys for the plaintiff. WHEREFORE, the plaintiff moves this Court to grant the plaintiff's Motion, and to continue this matter until further Order of Court. ~ ~cal] C'a tC!~/_ , oan Carey . Attorney for Pl intiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle PA 17013 (717) 243-9400 ~la'<\,~-' TONYA MARIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2211 CIVIL TERM PROTECTION FROM ABUSE v. RICHARD ANTHONY HODGE, Defendant ORDER FOR CONTINUANC~ AND NOW, this 2f] tf., day of May, 1994, upon cons i derat i on of the attached Motion for Continuance, the hearing scheduled for May 27, 1994, at 2:30 p.m., in Courtroom No.5 of the Cumberland County Courthouse, Carlisle, Pennsylvania, has been continued until the /Ii~'day of 9<.,,10-" ,1994 at 3:co {J .m. , The Temporary Protective Order of April 27, 1994, remains in effect pending further order of Court. A copy of this Order for Continuance will be provided to the Carlisle Police Department by the attorneys for the plaintiff. By the Court, /" /!/ eLl, . I / I / -ri' {A/~~- \J Wesley Ol-;(jJ. Jr., J. iJ11 II ul ~M '911 --' . . " , TONYA MARIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2211 CIVIL TERM PROTECTION FROM ABUSE RICHARD ANTHONY HODGE, Defendant MOTION FOR CONTINUANCE The plaintiff, by and through her attorney, Joan Carey of Legal Services, Inc. states the following: 1. A Temporary Protective Order was issued by this Court on the 27th day of April, 1994, scheduling a hearing for the 6th day of May, 1994. When the defendant had not been served, this Court granted a continuance until May 27th, 1994 at 2:30 p.m. 2. The Cumberland County Sheriff's Department has attempted to serve the defendant, but has been unable to effect service. 3. The plaintiff requests that a continuance be entered and that the Temporary Protective Order remain in effect pending further order of court. 4. A copy of the Order for Continuance will be delivered to the Carlisle Police Department by attorneys for the plaintiff. WHEREFORE, the plaintiff requests that an Order for Continuance be entered and that pending further Order of Court the - .. -, . Temporary Protective Order remain in effect. Reepectfully submitted, . f~ n Carey , Attorney for Pl LEGAL SERVICES, 8 Irvine Row Carlisle PA 17013 (717) 243-9400 SHERIFF'S RETURN CCM-lONWEAL'llI OF PENNSYLVANIA: COUNI'Y OF ClMBERLAND VS In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2211 Civil Term Temporary Protective Order Protection From Abuse and Custody Petition for Protective Order and Custody Tonya Marie Crum Richard Anthony Hodge Barrv J. Horn , ~XUltir Deputy Sheriff of CUmberland County, Pennsylvania, who being duly sworn according to law, says. Temporary Protective Order Protection From Abuse that he served the withinand Custody Petition for Protective Order & Custody upon Richard Anthony Hodqe , the defendant. at 11: 44 o'clock A .M. ~~ I EDST, on the 01 day of June . 19....2...4at Cumberland County Prison, Claremont Rd., Carlisle Pennsylvania, by handing to Richard Hodge , CUmberland County, Temporary Protective Order Protect~on From Abuse a true and attested copy of the and Custody Petition for Protective Order, & Custody 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 14.00 2.80 16.80 So answers: rfJ~~#-e R. Thanas Kline. eriff by } Sworn and subscribed to before rre this <7 tf: day of ~"'~_ 19 "1'( A.D. Deputy Shenff (~-j~,-,- c.. 'llI..d.C.-, ~ ' Prothonotary TONYA MARIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - dlJ.Jl CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY . . . . vs. RICHARD ANTHONY HODGE, Defendant . . . . TEMPORARY PROTECTIVE ORDER AND NOW, this ~~day of April, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, TONYA MARIE CRUM, now residing at 111 North Hanover street, Apt. 2, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, RICHARD ANTHONY HODGE, the following Temporary Order is entered. The defendant, RICHARD ANTHONY HODGE, now residing at 152 West North Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, TONYA MARIE CRUM, or placing her in fear of abuse and is ordered to stay away from the residence located at 111 North Hanover street, Carlisle, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff. 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 $1,000.00 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 , ! , , I' defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. Temporary custody of TYSHAWN TYLER HODGE is hereby awarded to the plaintiff, TONYA MARIE CRUM. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, restraining the defendant from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 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 I~ day of May, 1994, at J:~o ~ .m. in Courtroom NO.~ ,Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma pauperis 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 Carlisle Police Department will be provided with a copy of this Order by attorneys for 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 be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the defendant shall be taken before the appropriate district justice (23 Pa.C.S.A. section 6113). By the court, -J ' ! / ,'." .-,.' ~ ~.//l.:;J ~- ('/,1 { - U . U -.. J. "I TONYA MARIE CRUM, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM vs. PROTECTION FROM ABUSE : AND CUSTODY RICHARD ANTHONY HODGE, Defendant NOTICE 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 17013 TELEPHONE NUMBER: (717) 240-6200 :- TONYA MARIE CRUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM NO. 94 - vs. PROTECTION FROM ABUSE AND CUSTODY RICHARD ANTHONY HODGE, Defendant PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 111 North Hanover Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is an adult individual residing at 152 West North Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant is the father of the plaintiff's child. 4. Since approximately August 1992, 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 April 20, 1994, the defendant kicked the plaintiff's door in, grabbed the plaintiff by the hair, pulled her to the floor, and punched her in the chest leaving only when the telephone rang. The plaintiff telephoned the police who came and made a report. After the police left, the defendant knocked on the plaintiff's window, causing the plaintiff to fear for her safety and again call the police. After she hung up the telephone, the defendant again kicked the door in and hit the plaintiff's boyfriend with a 2 x 4 piece of wood. The plaintiff again called the police. The Carlisle Police Department are looking for the defendant and to the best of the kplaintiff's knowledge, will be charging the defendant with buglary and assault. b. On or about April 13, 1994, the defendant came to the plaintiff's residence at 2:00 a.m. and demanded to be let in. When the plaintiff opened the door, the defendant pushed her out of the way and came into the house. The defendant then pushed the plaintiff toward the bedroom. When the plaintiff attempted to call the police, the defendant hung up the phone and ripped the cord out of the wall. c. On or about April 3, 1994, the defendant came into the plaintiff's residence through the kitchen window, went into the plaintiff's bedroom where she was sleeping, put one hand over her mouth and the other on her throat. The defendant would not let the plaintiff out of bed and forced her to sleep with him. d. On or about March 20, 1994, the defendant kicked in the plaintiff's door and slapped the plaintiff across the face. The defendant then punched the plaintiff in the arm and the middle of her back, and pushed his fists into her back forcing her toward the bedroom. The defendant threatened the plaintiff saying, "There's nothing you can do because the PFA ain't no good no more." The plaintiff's previous PFA had expired the day before. During the period of time that the plaintiff's PFA was in effect, the defendant violated it three times and spent time in the Cumberland County Jail. 5. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be restrained from having any contact with her, harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. B. TEMPORARY CUSTODY 7. The plaintiff seeks temporary custody of the following child: ~ TYSHAWN TYLER HODGE Present Residence ~ 1 yr. 111 N. Hanover Street Carlisle, PA The child was born out of wedlock. The child is presently in the custody of TONYA MARIE CRUM who resides at 111 North Hanover Street, Carlisle, Pennsylvania. During the child's lifetime, the child has resided with the following persons and at the following addresses: Name plaintiff & defendant Addresses 11 South pitt Street Carlisle, PA Dates 5/4/93 - 8/93 plaintiff, Jane Middaugh 121 Cold Spring Rd. Carlisle, PA 8/93 - 9/93 - (plaintiff'S mother), & Jerry Cobb (plaintiff's mother's boyfriend) plaintiff, defendant, and Helene & Richard Davis (defendant's grandparents) 152 West North st. Carlisle, PA 9/93 - 12/93 plaintiff 111 N. Hanover st. Carlisle, PA plaintiff & 111 N. Hanover st. defendant carlisle, PA plaintiff 111 N. Hanover st. Carlisle, PA 12/93 - 2/93 2/93 - 3/93 3/93 - present The mother of the child is TONYA MARIE CRUM, currently residing at 111 N. Hanover street, Apt. 2, Carlisle, Pennsylvania. She is single. The father of the child is RICHARD ANTHONY HODGE, currently residing at 152 W. North Street, carlisle, Pennsylvania. The plaintiff currently resides with the following persons: Name Relationship TYSHAWN TYLER HODGE son 8. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 9. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 10. The plaintiff does not know of any person not a party b,/t~\"_ to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. The best interests and permanent welfare of the child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including the following: a. The plaintiff is a fit parent who can best take care of her child. b. The plaintiff has been the primary caretaker of the child. c. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the child. C. LOSSES 12. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A which is attached and incorporated herein by reference. 13. The plaintiff asks for attorney fees to be paid to Legal Services, Inc., pursuant to the Protection from Abuse Act. D. STATUS TO PROCEED IN FORMA PAUPERIS 14. The defendant is unemployed. 15. The plaintiff currently receives public assistance in the amount of $316.00 per month. 16. The plaintiff does not have funds available to pay the fees for filing and service. :dIIi~'!;,~", " from Abuse Act" of october 7, 1976, 23 P.S. section 6101 ~ .w!,g., 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 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 harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. Granting temporary custody of the minor child to the plaintiff. 4. Ordering the defendant to stay away from the residence located at 111 N. Hanover street, Carlisle. 5. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 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 harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. ordering the defendant to stay away from the residence located at 111 N. Hanover street, Carlisle. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 5. Ordering the defendant to reimburse the plaintiff's out-of-pocket losses suffered as a result of the abuse including but not limited to the losses listed on the attached sheet marked Exhibit "A". 6. Ordering the defendant to pay attorney 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 Carlisle 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. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 17. The allegations of Count I above are incorporated herein as if fully set forth. 18. The best interests and permanent welfare of the child will be served by confirming custody in the plaintiff as set {' ~;":.7;, forth in Paragraph 11 of the Petition. WHEREFORE, pursuant to 23 P.S. section 5301 ~ ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ., oan Carey Attorney for Pla' tiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 (- The above-named plaintiff. TONYA M. CRUM. verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904, relating to unsworn falsification to authorities, Date: Lj, JJ" (}~'I . ~1:11)1 o ya ~ Crum, (I;/; ('II I Plaintiff ',,- i" ?~~L~!.,.:~,~t. TONYA MARIE CRUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF . . . . CUMBERLAND COUNTY, PENNSYLVANIA : vs. . . . . NO. 94 - CIVIL TERM . . PROTECTION FROM ABUSE AND CUSTODY RICHARD ANTHONY HODGE, Defendant PROTECTION FROM ABUSE LOSSES SHEET Telephone Expense: Repairs for ripped telephone cord $ 15.80 Interior Repair Expense: Repairs for door that had been kicked in several times $136.30 clothing Expense: Reimbursement for ripped clothing $ 20.00 TOTAL 172 .10 EXHIBIT "A" 0 \;) ..... lr) en ,. - .c~ ~ :c . ~ ~: ~ "'- IW t7 . ~"l In ":~..": '. . Ln [60,,,,,"'>.1 N .' ';t:) ~ , " ~ r- H'.': '" "" '-, '"- "~ c.;. ."" .- I. or from TONYA MARIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS ,OF vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - .:J~, I CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY . . \, . ,. RICHARD ANTHONY HODGE, "It;, t Defendant PROTECTIVE ORDER AND NOW, this ~day of June, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: physically abusing the placing her in fear of 2. The defendant rQ) J/, ~l 'J ( .fJ t ljoined from 1. The defendant ljoined from or stalking the plain1 le purpose of to, harassing iff's having any contact wit facilitating visitatic relatives. 3. The defendan' rdered to stay away from the residence located at 111 North Hanover Street, Carlisle, Pennsylvania, and from any other residence the plaintiff may establish for herself in the future, except for the purpose of facilitating visitation. The defendant shall seek modification (change) of this Order before living with the plaintiff in a domicile she may establish for herself in the future, wherever it may be. The defendant is hereby notified Commonwealth's , EXHIBIT I 5/3/14 tA}. Y .. . W, : I ...il':: .:1:.""",'\1 ,':' ," ~ . ",I ~.l.~ .i.. ......" {. ~\.... ..~~..., \ . ;~t..'" \ I ,1', . , ., 'i~, ' - 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 $1,000 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 defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. 4. The defendant is ordered to pay the plaintiff's out-of- pocket losses which are listed on the "Out-of-Pocket Losses" form in the amount of $172.10 within 120 days of the entry of this Order. (. 5. This Order shall remain in effect for a period of one year. 6. The Carlisle Police Department will be provided with a copy of this Order by attorneys for plaintiff and .ay enforce this Order 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 taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the defendant shall be taken before the appropriate district justice (23 PS Section 6113). By the Court . TRUE COPY FROM RECORD In Te~t:m~ny whtrcor. I h.-rp unl1 set my h3:'l~ and the seal of said (ourl al Carlis!e, Pa. This ....J.Q...~ day of ..~. ............1.~9..'(.i': ~ JB..r --....-- . . .,; ..;:b..... ......p.;~i,;.o~~. 1.5/ ~. ld-,~O') t9t_, 9-v. J. We ey Oler, Jr., J. CRIMINAL COMPLAINT (POLICE) DISTRICT JUSTICE MAGISTERIAL DISTRICT NO. Complaint Numba,a II Othar Parllclpanta I, Ptlrn Mckinney ( Namt' fif Al11u"') COMMONWEALTH OF PENNSYLVANIA DEFENDANT: VS. NAME r- AND Richard Antmny EXIiIilK 111 N. Hanover St. ADDRESS rNl~!~:~a. 17013 RSA SSN. 168-48-3232 AKA of 53 W. South St. Carlisle.Pa. ( IJt'nIlI)' UI'f'U"",t'lII "' UKt'n(l' Il'pn.'Jl!fltt.J 1111J polit/fal .tllhtlirL\/on) do hereby Slale: (I) 0 I accuse the above named defendant, who lives at lhe address sel forth above or. o I accuse an individual whose name is unknown to me but who is described as j . . '~ ~ ~ ~ is ~ o his nickname or popular designation is unknown to me and. therefore. I have designated him herein as John Doe; with violating the penal laws of the Commonwealth of Pennsylvania at 111 N. Hanover St. ( Piau -[\Jllt/ca! SuMlfulan) in Cllnberland County on or about 8-3-94 at 0325 hrs. Part ici pan ts were (If thtfl' M't'rr pllrUclpanu, pfacf thr/r namr.! ht'rr. rrpealing tilt namr of aba"t dr/tndanl): (2) The acts committed by the aceused were: @ Indirect Criminal Contempt -: The ,defendant violated the order issured under the Protection Fran Abuse Act in No. 9li.;.et1'f"'Mfl;M~94' on the 9th day of June 1994,by the Hororable J. Wesley Oler Jr. which order directed the defendant not to but Tonya Marie Crum in fear of abuse in that the defendant did pick Tonya Crun up and KXXXX throwed her into a sterio causing a cut on the back of her leg. This happened on 8-3-94 at 0325 hrs. at Tonya Crum Jl1OffiOOIX residence. all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly. or in violation of' 10190;,' and of the Aet of, :&HIIIl JUne 23,1978,PrOtection from abuse ( Stet/on) ( .\'lIb. .\('('lIon) or the'" :. Ordinance of (/\lfitiCCl/Sllh.dM.lillll) (3) 1 ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I havc made. (4) I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verirication is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C. S. ~ 4904) relating to unsworn falsirication to aUlhorities. .19 erk ~~ . (Slgnaltrt.! ('(lm~ AND NOW, on this date ,19 _' I certify the complaint has been properly completed and veriried. and that there is probable cause for issuance of process, (SEAL) (.\(IJgbtt'riaJ[)j\t,trtJ ( lUlling AlllhflrUr) ACPC 411-86 , ;', -1 AFFIDAVIT RIDER CONTAINING PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF ARREST FOR Richard Anthony Hodge 111 N. Hanover St. Carlisle,Pa. DOB 2-9-66 On8-3-94 at approx 0325 hrs. the Defendant Richard Anthony Hodge was at 111 N. Hanover sT. Apt.#2. Hr Hodge and the victim Tonya Crun got into a pushing match. The victim was throwed into a sterio in the living room. A pEEce of glass door broke off the sterio and cut the victim KKKK leg( back part). The suspect then left the scene. There is a Prote~tion from abuse and custody on the suspect Hodge. The order states that Mr. Hodge is enjoined from physically abusing Tonya Crun. Executed this ................ day 01 ............................ 19...... &b~~- -> gnatu~ Per~onally appeared before me on .............................., 19...... the Alllant above named. who. being duly sworn (aflirmed) according to law, signed this Allldavlt Rider In my presence and deposed and said that the facts set forth therein are true and correct to the best of Alllants knowledge. Information and belief. (Issuing Authority) (SEAL) . TONYA MARIE CRUM Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 94-2211 CIVIL RICHARD ANTHONY HODGE Defendant CHARGE: INDIRECT CRIMINAL ATTEMPT ORDER OF COURT AND NOW, this ~ day of July, 1994 in consideration of the attached.Commonwealth's Petition, a warrant is issued for the arrest of the Defendant, Richard Anthony Hodge. If the defendant is found during normal Courthouse hours the defendant is to be brought immediately before the Court. If not found during Courthouse hours the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Furthermore, after appearing before the District Justice the defendant is advised to appear before the Court Administrator at the open of the next business day. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, one will be assigned to represent the defendant. By the Court, ~ Thomas A. Placey, Esquire Assistant District Attorney Richard ~hon~ Hodge, Defendant - - ,-, N q) I I I i !. ~ r, ~ = --, . , ' TONYA MARIE CRUM Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 94-221l CIVIL RICHARD ANTHONY HODGE Defendant CHARGE: INDIRECT CRIMINAL ATTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Thomas A. Placey, Assistant District Attorney of Cumberland County, Pennsylvania brings the following Petition for a hearing on charges of Indirect criminal Contempt: l. A Protection from Abuse Order was issued by the Court. A true and correct certified copy of the docKet is attached. 2. The defendant.s violation of this Order is averred in the attached criminal complaint and affidavit of probable cause. 3. The police were unable to locate the defendant in their jurisdiction. 4. The victim requested the police to file charges of Indirect Criminal Contempt upon information received. 5. The police ascertained the immediate safety of the victim. 6. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S6ll3. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectf~:~y__s~bmitted, Th mas As i Attorney . . LEGAL SERVICES. Ii .C. H IOVINL now CAf~l1SlE, PlNtJSYLI/,\NI^ 1/(il:! 171712436400 r.x 1.,'71 743oo7G West Shore (717) 7fG.&175 Shippontuurg (7171 !J3("'~~~Ctl "-,:- '....!' APR 2 ~.199lt.d .~~-.':::'...I TONYA MARIE CRUM, Plilintiff III TilE COUHT 01' COMMON PLEA~; Or' CUMRERLAIID COUlITY, PENNSYLVANIA NO. 94 - ~J_lL CIVIL TERM V5. PROTECTION FROM ABUSE i\ND CUSTODY RICHARD ANTHONY HODGE, Defendant AND Ilml, TF.J.:!l~QBA B..Y, J'80TJ5S::UYf._,QRD EB this 2~1~dilY of "pril, 1994, upon presentiltion and consideration of tl10. within Petition, ilnd upon finding that the plaintiff, TOllYA MARIE CPUM, now residing at III North llilnovl.~r Street, Apt. ;.~, Carlisle, Cnmbcrland county, Pennsylvan ia, ::; in j mmediate ilntl pn"",nt dLlngcr of abuse from the defendant, RICHARD ,\ti'l'1l01IY HODGE, th.) following Temporary Order is entered. The defendant, RICIlARD ANTHONY HODGE, nml residing at 152 West Horth street, Cilrlisle, Cumberland county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, TONYA MARIE CHUM, or placinq her in feilr of abuse and is ordered to stay away from the residence located at 111 1I0rth Hanover Street, Carlisle, Cumborland County, Pennsylvaniil, a residence which is leased solely hy the plilintift. The defendant is hereby notified that if he resides in the Illaintiff's domicile contrary to this Order, he may b1"' in indirect criminal contempt. \<hich is punish:tblt' by a fine not to exceed $1,000.00 and/ol.' by a ~;entence ot "p to :;i;.: month" in jai] '1nd iln)' other appropriate punishmont. Pe"U'"p1 ion 01 c"-I',,~,idencr' nn the p.~I.t 01 the plaintiff ;Ind defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from nbusing the plaintiff. Temporary custody of 'rYSIlAWN TYLER HODGE is hereby awarded to the plaintiff, TaNYA MARIE CRUM. The defendant is ordered to refrain from having any contact with the plilintiff inclUding, but not limited to, restraining the defendant from harassing or stalking the plaintiff, and from harassing the plaintiff'S relatives. 1~is Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the ,. . ,- ./.1.. day of Hay, 1994, ilt '\':","i!~____.e_.m. in Courtroom No. 5-' , Cu~berland County Courthouse, C~rlisle, Pennsylvania. The plainr.iLf ma,' procc'ed jJ} !'Qt:!1l-!1 pal1P_l'ri,! pending a further order after the hearing. The Curnb~!'Jand COUtlt~. Sheriff's oft ice stlall attempt to make service at ttlQ plaintif['s re4u0st, hut ~crvjcc may be accomplished unctcr any a~plicable rule of civil Procedure. The Carlisle Polict' tJcpartment will be provided with a copy of this Order by attorn',}'s [or plidntiff. This Order shall be en forced by .nlY I i"" f'n forcemellt agency \.:hcrc a v io In tion occurs hy arrest for indirect criminal contempt without warrant upon probable cause that this Order haG 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 "hill 1 be t;lken v:i tholl!-. IInrll'Cc:':;al"Y drday b,!/orc the COUI-t l:h;) t i 'c'Gll(,c] the Orde,". \'i!ll'n t11;lt l'()\ll"t 1'; llnilv,l i.l able, the ;" . defendant shall be taken before the appropriate district justice (23 Pa.C.S.A. section 6113). By the Court, ( '!' .'- . ~ ./' 'Ii "i -V-",--,-":-k:UJ->--Z'S'~~~l .. j. TRUE COpy FROM RECORD In Testimony whereof, I here unto set my hand and the se I of sa C t Carlisle ~ Thl ~ da 0 19' 4AIJ- ,. ry . ....~ '-.,. . , ," ~"~" ..- ~ -,. "-, ..~ ... ~ IofI . \ . ,.'" . '.' '. (- "..". . :~ ....JUN 09 183t (LiL . . L!;w, I SI;RVIC(;:.. . b '"VINE HOW CARLISLE, P~NNSYLVANIA tllJlJ 17171 243.9400 Fax 17171 24.).002~ We,,! Shoro (717) 71l6-lJ475 ShlpplJnsburo 1717) 53()'5tY'Y.J "_"',.~_-,,.;.,o' ."'..J ,.\,. .....-:~~:. TONYA MARIE CRUM, PI nintH f. I t/ TilE COUla OF COHHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I/O. 9.j - _Ad:1L (; I VII, TEHM vs. PROTECTION FROM ABUSE AND CUS')'ODY RICHARD AN'rIlONY IIODGE, nef.endant PRO~I.:EC'l'IYJ~Q.B.DEB AND NON, thi!; .i1~ dilY of June, 1994, upon consideration of the Consent Agreement of the pilrties, the following Order is entered: 1. 'I'he defendilnt, RICHARD ANTHONY HODGE, is enjoined from physically ilbusing the plnintiff, TaNYA MARIE CRUM, or from placing her in feDr of ilbusc. 2. The defendnnt, IUCIf!\RD ANTHONY HODGE, is enjoined from bilving any contilct with the plilintiff, except for the purpose of facilitating visitation, including bllt. not limited to, harassinf/ or stalking the plaintiff, and haras!;ing the plaintiff'S relatives. '1. The defendant, R rCII.'.PD ANTIlOllY HODGE, is ordered to stay .I\.!ay from t.ne> !""sidence> 10C',ltcd aL 111 lIorth Hanover street, ea r.1 i 51 c, l'n.n:1sy 1 V:1I1 i 'J, (11ld t roi.l any oth(~r res ic1cncc the plaintiff may pstai,lish for herself. in the future, except for the purpose of f,-,cilitatinq visit."tion. The defendant shall seek r.1odificiltion (dlilnqe) of this Or'l':r before 1 ivinq with the plaintiff ill " domici 1e she may I~"t;\blisit for IlCrs.~lf in the future, whel:ev('l' it rrilY he. The defend"n!: i::; hereby notified / " that if he resides in the plaintiff's domicile contrafY t6 thig Order, he may bc in indirect criminal contempt which is punishablc by a fine not to cxceed $1,000 and/or by a sentcnce of up to six months in jail and any other nppropriato punishment. Rcsumption of co-ru~idcncc on thc part of the defendant shall not nullify the provisions of the Court Order directing the defcndant to refra in from abu~inq t.he plaint iff. 4. The defendant is ordered to pay the plaintiff'S out-of- pocket losscs '"hich ace listed on the "Out-of-Pocket Losses" form in the amount of $17~.lO within l~O days of the entry of this Order. 5. This Order shall remain in cffect for a period of one year. 6. 'rho carlisle Police Department will be provided with a copy of this Order by attorneys for plaintiff and may cnforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not thc violation is committcd in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall taken ~ithout unnecessary delay before the Court t:hat i!;su1.,d the Clrder. \'Ihen that Court is una'JiliJablp, 1"11" 'ietocnd,lnt shnll be \:.,1:0n before t.he appropriate ,li.~;tric~... jU;.t:Cf! ()-~ p~~ :~ection (lllJ). TRUE COpy FROM RECORD In Testimony whereof, I here unto set my hand and t seal of said t Carllsle, PJZ' Thi- 'day ~ '19~ By the. COU1't f / /' , " '/ I' '.;.... 1..- / ~,,;'. r:- W-;,-;<rey .10 1'(,1' ;-Jr=~-T:-:J~- --.- J CRIMINAL COMPLAINT (POLICE) -'".l DISTRICT JUSTICE MAGISTERIAL DISTRICT NO. 09-2-01 Paula Correal, Iii W. High St., 2nd floor Carlisle PA 17013 Complaint Numbera II Olhe, Pa'tlclpant. A 95741 COMMONWEALTH OF PENNSYLVANIA DEFENDANT: Vs. r- I, Ptlrn. K. D. McCoy #20 ( 'vamf' of A.lllant ) Carlisle Police Dept. (ldl'mO.I' ,!t'/'urlml'll' IIf "KI'IIIT O'(I"".\c',,'coJ and Il/llilimJwhdil'i.\/t",) NAME AND ADDRESS .:J; HS.A AKA Richard Antmny Hodge 151 W. North St. Carlisle, PA 17013 black/male/21 DOB 02-09-66 of do hereby slate: (1) !XI 1 accuse lhc above named defendant, who lives at the address set forth ahove or. o I accuse an individual whose namc is unknown to me but who is described as j o his nickname or popular designation is unknown 10 me and, thercfore. 1 have designated him herein as John Doc: with violating the penal laws of the Commonwcahh of Pennsylvania at 111 N. Hanover St., Apt. 2 ( Plact .I\)/I'/CQI SubdMJ/on) " " .< '" < f:: i Carlisle Borough in CU'llberland County on or aboul 07-10-Q4 ~. Participants were (~f'ht'n..ltw'l'paflifi{ltlntJ. plan'tht'jrnamf'.t h~rr. ft'pc.'a1lng lh('nam('lifabol'edtftnJanl): "pprnx 01'i'i hr", (2) The acts committed by the accused were: 0 Indirect Criminal Contempt - in that the defendant violated the Order issued under the Protection From Abuse Act in No.94-2211 Civil on June 9, 19':14, uy Lhe Honorable J. I~esley Ole., Jr., which Order directed defendant not to place Tonya Marie Crum in fear of abuse, not to haVe any contact with the plaintiff except for visitation, and not to harass the plaintiff. The defendant went to 111 N. Hanover St. Apt. #2 at approximately 0355 hrs. and attempted to open the door of the plaintiff's residence but a chain prevented it. Theo4fendant attempted to persuade the plaintiff to let him in. Police were called to the scene but Hodge had left. While speaking to the plaintiff in the front of the residence a rear windDw was pushed in and a mirror breaking was neard. Police discovered the window on the floor and footprints on an ad;acent roof next to the window. This occured ;ust minutes after Hodge had left the front of the residence. all of whieh were against the peacc and dignity of thc Commonweahh of Pennsylvania and contrary to thc Act of Assembly, or in violation of 10190 and of the Act of June 23.1978 ProtectiorFFrom Abus/:rn. ( S<<IJOIJ) (SlIb. Wt'lill" ) or the Ordinance of ( 1~,fj'lftll.\'lIh."i\'i.\i/ln) (3) 1 ask that a warrant of arresl or a summons bc issucd and lhat the accuscd be rcquircd to answer the charges 1 havc made. (4) 1 verify lhat lhe facts sel forth in this complaint are true and correct to lhe beSl of my knOWledge or information and bclief. This verification is made subject to thc penahies of Section 4904 of thc Crimes Code (18 Pa. C. S. ~ 4904) rclating 10 unsworn falsificalion to authorilics. ,19 r D (SI?!1~) AND NOW, on tbis datc , 19 _' I ccrtify Ihe complaint has been properly completed and verified, and that therc is probable cause for issuance of process. OQ-2-01 . ( .\(UR;."I'r;ullh\trlct) IIHlllnK Allthor;,r J (SEAL) AOPC 411.86 OIlICINM. Sf r Ilf VI 11';1 ~;iDr 1011 W<\IVUl MHl loorNOTtCs , '- AFFIDAVIT RIDER CONTAINING PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF ARREST . . . FOR OOB 02-09-66 Richard Anthony Hod~e On 07-l0-94 at approximately 0356 hrs. Tonya Marie Crlm reported that Richard Anthony Hodge was at her door trying to get in her residence at 111 N. Hanover St., Apt. 2. Hp. had pushed the door open but a chain was on it. Upon arrival Officers found that Hodge had already left. While talking with the victim at the front pa~t of the hDuse there wpre noises in the rear or the house. A rear windDw was discovered on a bathroom floor. It had been pushed in and footprints were found on an adj:;.cent roof next to the window. This occured just a couple of minutes after Officers had arrived. A few minutes later Hodge called the victim on the telephone. Executed this ................ day 01 ............................ 19...... 11 ~~I~lant) Personally appeared before me on ............................... 19...... the AllIant above named who being duly sworn (alllrmed) according to law. signed this AllIdavlt Rider In my presence and deposed and said thai the tacts set forth therein are true and correct to the best of AllIants knowledge. Information and belief. (Issuing Authority) (SEALJ -\ . ~ ~ ~ u.:$ I- OZ UJ <U >- (/)< l- t!) UJ W .., <> QJ c.... "'''' Z ~ w~ c oc 0- 2i~ 0 ...J>- 0 :J:Jtf u.. C .... ~ a.(/) ...J :E:'~ "0 Z ~z < z - => .... >-c z_ Zz :- '" .~ ZQJ 0 <:J - Ow - U.... o'+- ....u.. I-OWZ ::;;0. U QJ :J:QJ 1-0 00(/)< ::;; . ....0.. :- 1-0 .... -O:J> O~ ~ - Z I- VI a:ZO~ OZ N '" ..: .... UJ I- I-:)J:(/) < 0-t!)0- (/) Z u.:J N Ca:li:z I :E: C e<:E: 00 ... e< Vl..:.... WW:JW 1-0 en < ..: - :J:I- J:lDOo. a:0 >- :J: XUZ 1-:;; 0 . ::lZ Z U I- 0 u.:J W 0:) 0 - ...JZU 00 ~ l- e< <0 Oa: .... ...J wu. :J Ww 3t!)< 00 a: J:lD zzz u: < 1-:::;; 0__ U. 0 Z:J :E:e<:E: 0 -0 :E:..:.... 0....'" U:J:U ./ TONYA MARIE CRUM, Plaintiff : IN THE COURT OP COMMON PLEAS OP : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : 94-2211 CIVIL TERM : RICHARD ANTHONY HODGE, Defendant : PROTECTION PROM ABUSE : AND CUSTODY IN RE: DEPENDANT POUND GUILTY ORDER OP COURT AND NOW, this 3rd day of August, 1994, upon consideration of the complaint for indirect criminal contempt, and following a trial, the Court finds the Defendant guilty of indirect criminal contempt in the form of a violation of the Protection from Abuse Order entered by this Court on June 9, 1994. By the Court, Thomas A. P1acey, Esquire Assistant District Attorney William G. Braught, Esquire Assistant Public Defender CCP :alr VIH\'.\l':-,HH3d UHnoo O"Vl~JBHnO AYV1c.HO~) -',: ,'1110 3011d0 "", ~6. Hd LE 2 ~ :lRV TONYA MARIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : 94-2211 CIVIL TERM . . RICHARD ANTHONY HODGE, PROTECTION FROM ABUSE Defendant AND CUSTODY IN RE: SENTENCING ORDER OF COURT AND NOW. this 3rd day of August, 1994, the Defendant, Richard Anthony Hodge, having been found guilty by the Court of indirect criminal contempt in the form of violation of the Protection from Abuse Order dated June 9, 1994, the sentence of the Court is that the Defendant undergo imprisonment in the Cumberland County Prison for a period of twenty days. Work release is authorized for the Defendant if the prison can accommodate the same. By the Court, /1 /7/ I . / I .. / ('\'/ / W~~{ / I JUWeSley 0 e ~ ~. Thomas A. Placey, Esquire Assistant District Attorney William G. Braught, Esquire Assistant Public Defender CCP :slr ,jk~!. IJ c;\lS3d 111: (,\-, J a--, '/ ~,r;tHin~ ~~H';IiOII,' ; J';l. jO 331J~:.,Hl ~61 Hd BE Z ~ ~nv . .. .. TONY A MARIE CRUM, PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 94-2211 CIVIL TERM RICHARD ANTHONY HODGE, DEFENDANT : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this I.~ ~ay of OCTOBER, 1994, in consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST Df the Defendant, RICHARD ANTHONY HODGE. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the CDUrt. If not found during COUrthDUse hours, the defendant is tD be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Furthermore. after appearing before the District Justice the defendant is advised to appear before the Court Administrator at the open of the next business day. Defendant has a right to be represented by an attorney. If the defendant cannDt afford an attDrney, one will be assigned to represent the defendant. By the Court, J I , )/ I . Thomas A. Placey Assistant District Attorney Richard Anthony Hodge Defendant Office of the Public Defender Ucr 1:1 Ii III rtl '9~ \h~ f..:. '.' .;, . . , " ~ TONY A MARIE CRUM, PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 94-2211 CIVIL TERM RICHARD ANTHONY HODGE, DEFENDANT : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEAL TH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Thomas A. Placey, Assistant District AttDrney of Cumberland County, Pennsylvania brings the following Petition for a hearing on charges of Indirect Criminal Contempt: I. A Protection from Abuse Order was issued by the Court. A true and correct certified copy of the Order is attached. 2. The defendant's second violation of this Order is averred in the attached criminal complaint and affidavit of probable cause. 3. The police were unable to locate the defendant in their jurisdictiDn as upon the police arrival the defendant fled. 4. The victim requested the police to file charges of Indirect Criminal Contempt upon information received. S. The police ascertained the immediate safety of the victim. 6. The C' . ) lwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursl...lOt to 23 Pa.C.S.A. ~6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. // LEGAL :,tEIlV"1ES, I; ,. 8 UIVIIIE now CAnLlStE, PENNSYLVANIA 1l01:, 17171 2.13.9400 Fox (717) 243.nQ2d JUN 0'9.1994 d.le -=.:.-":';'-';;:"-' ........,....:..., West ShoP,) 017) 760...fl475 5hlpPof1:iI.J'Jr9 (717) 530.58GG 'l'ONY A HAIU E CHUr.!, I' \;1 i nt i f( TN 'rllE C')llllT OF COMMON PLEAS OF curmF.RLAtlD COUNTY, PENNSYLVAllIA 1I0. ~I'l -:,' ~.LL C1 V I L 'l'Eml V,, .:>. PROTECT I :lll FIWN M\USE l.tlD ClJST'.lD? IHCIIARIJ AII'l'1l0N'{ IWf":a:, Dp ft'nrlilnt /dIP 1/0\1, th i:; I'BqTEC'I'l ~!ILOB[1E[~ -IL rJilY of ,lunro, ~L., upon consideration of 1'l9~, the Con~;l'nt Agreement: 01 t:Iw parties, tl]l~ followinq order is cntercej: 1. The defendant, HlCIlAIW fdlTIlOlIY WJlJGE, is enjoined from physically abusing the plaintiff, TONYA MARIE CRUH, or from placinq her in fear of abuse. ~. 'rhe defend,lIlt, IHClllllm AlJTIIONY IlDDGE, is enjoined from having any contact with the plilintiff, except [or the purpose of facilitating visitation, incluclinq but not limited to, harassing or stall:ing the plaintiff, ,11lC! hdl',-!:]sinq ttw plaint:iff's re lf3ti "f~S. .~. ThQ defl:>n~];__lnt, RfC'IfJ\HD Id!'l'1I0HY HODGE, is ordored to _..tay iJ1,o.'a~. 1 r l;n Lhc r.C:.:...ittl'n(~~ lrll'fj;:'p,j .It 111 !:~)l~th I!{l.nover. strC'ct, ("'r.li:~illl I'~nn~}ylv.1~li l, dl~d :"l~cm .-It)"}" oLII('\1: t"C'sidr:>nce thC' pJilin!.ill mil')' CSLl<-IL,h in!" 11('1','.(>11 in ti1" future, C'x<.:ept for the purpo:."C' 1'; f'lcllitatinq vi:;it,-ltion. 'Ii)':' detentiont ~,;hall Geek modifi~ation (ch~nYQ) ot !.his Ordcr beforr Jiving witll the plaintitt in a domici Ie she I~.ay e,.t:ablish inl' herself in thl? future, wherever it rnilY be. The dcfcnd~nt in hereby notified .. , , , . , , th~t if he resides in the pl~intif['G domicile contrary to thi~ Onll'l', he milY be in indin::ct erimill.ll contempt. ,o/hich is punish;I1>le by u fine not to ,,:,~cC'l.d ~;l,OOr' ..nd/or by ,1 sentence of up to :; ix month,,; in j '\ j] and ;my other ,,["'peopr i il tc pun i shmcnt. Hcsun:ption of co-rc~;ide!\Le on the part of th", defendant, shall not nu I I it '{ the prov isiam; of the COUI.t Order d j reet ing the defendant to refr~in from abusinq the plaintiff. 4. The defendant in ordered to P3Y the plaintiff's out-of- pocf:et: losses wh ieh .\t'" ! i stc,d on the "ou t-of -Pocket Losses" form in thp ;lmOllnt of $17;!.10 loJithin l~O d"ys of the entry of this Order. ~. This Ordel' sllall n::m~in in effect for a period of one year. h. The Carlisle Pol ice Dcrartmcnt Hill be provided loJith a cory of this Orde,' by al:l:rwneys for plaintiff and may enforce this Order by ill' rest for indirect cri~inill contempt witllout "Iilrrant upon probable Cill1Se thilt this Orrlc'r has been violated, whether or not the viol~tion is commi~tacl in the presence of the policl:' of f icar. In the event th;\ t an arrest is milde> under th is section, the defend.Ii'\'. ,;h.lI1 taf:l'n "Iit'hollt unnecessary clelay befol'O t l1e Court t.h'lt i';~;lJ1,d tile- Onler. \'1h..n that Court is una'lil i LtlJ!c, tho defelldant ;;h..11 be t~f;en before the appropriate distrio:t- j\lstice (7.1 1'5 f>cct.ion C;J1'l). TRUE COpy FROM RECORD In TesUmon~ whereof, I here unto set IflY hand an!! the seal of. d 0 at Carlisle, f~: Th!' I t, d , 19~ , /t.v l3Y~th~ ~(:urt" / I i L.. C.. I __. 1..,,",-,~~-----:L7t \4 . J. Heslev Oler, Jt<.' J. , . lJ olary CRIMINAL COMPLAINT (POLICE) ... NT Complaint Numbers it Other Participants P au 1 a Cor rea 1 DISTRICT JUSTICE MAGISTERIAL DISTRICT NO. 09 - 2 - 0 1 16 W. High s to 2nd floor Carlisle, Pa. 17013 A 94624 INCIDENT NUMBER UCR NO. 94-15748 I. Co!. Griest 1/38 (SlIlIIl'O/AJI1cllll) Carlisle Pol;~p ( !dI'fIt''-\' dt'purtmt'lll orll~c'II(1' ('('flft'wl/lt'd /.ll/d po/itinll.whdhi,\iofl) COMMONWEALTH OF PENNSYLVANIA DEFENDANT: Vs, r- Richard Anthony Hodge 111 N. hanover st. Apt. 2 Carlisle B1ck-m- 2/9/66 SSIl 168-48-3232 5'6" 145 lbs. NAME AND ADDRESS of RSA. AKA do hereby state: ( I) Glx I accuse Ihe above named defendllllt. who lives at the address sel forlh above or, o I accuse an individual whose name is unknown to me but who is described as - .2 , ., .< ~ l;: . ~ c ~ o his nickname or populllr designalion is unknown to me lInd. therefore, I have designllted him herein as John Doc: with violating the penal laws of lhe Commonwellllh of Pennsylvania lit III N. Hanover st. C l' 1 ( 1'1/1('(' .l\,/illmf ."'"hdlrl.dlUl) ar 1S " in \;umberland County on or aboul 10/9/94 aporox.. 0453 Participants were ('/"II/l'ft' ",C'fl'pafridpclflh. plaft' ,J,C';'''ilIllC'.\ IU'Il', n'/lt',uilll: ,ht"III111t'I!(abo\"t'Je'fi'"Jallt): (2) The acts committed by the accused were:@INDIRECT CRIMINAL CONTEMPT-in that the defendant violated the Order issued under the Protection From Abuse Act in No. 94-2211 on 6/9/94. by the Honorable J. Wesley OlerJr., which order directed iRX~k.~ the defendant not to abuse the victim or place ~ in fear of abuse or be at the above.re~iden7e u~less facilitating custody, in that the defendant did punch the v1ct1m tW1ce 1n the mouth causing injury. AdditionallYI the defendant pulled a hair braid from the victim's scalp and carried the phone around inthe apartment so the victim could not call police. Moreover, the defendant was at the residence while not facilitating child custody. all of which were against the peace and dignity of lhe Commonweallh of Pennsylvania and contrary to the Act of Assembly, or in violation of 10190 and of the Acl of June 23, 1978Protection from ( .'k'Clfll" ) ( Sllb. ,\('clitlll ) Abu 9 e or the Ordinance of ( Political Sub .JMlton) (3) I ask that a warrant of arrest or a summons be issued and lhat lhe accused be required to answer the charges I have made. (4) I verify lhal the facls sel forth in this complaint are lrue and correct to the besl of my knowledge or information lInd belief. This ve,ification is made subject to the penalties of Section 4904 of lhc Crimes Code (18 Pa. C. S. ~ 4904) relating 10 unsworn falsification to authorities. () rt: (,1 , ,1..,t-11"\' ( Sign'lflll"',!( ('mnplainant) n;4: .19~ AND NOW. on this date ('...Ie 11 .rd., 19 ~. I certify the complaint has been properly compTeled and verified. and that there is probable cause for issuance of process. I' (.'(11~h""iI11 Di\Irit'l) I. II I __~' I , / ( . I /,' ( '-ul//rK /t~r1mrlt,r J (SEAL) AQre 411-80 ~ ~~ ~ ~ --t' j .~ 1 u..:$ > oz I- en<t <(u W M <t> UJ Z .- .. . c::c:: ~~ 0 w-' ... -,> .OJ UJ .... 0- .- a. en :E'" "'''' Lo.. 0 I=z <t Z :E =>0 010 Z Zz c:: c::.~ C> "t:l z_ <t:J - Ow UJ u.... ::t:'" 0 I-OWZ :;:0. ~- .~ OJ _Lo.. uuen<t :;: - UJ .... >- '+- 1-0 -0:J> o~ -' -OJ ZQl - a:zo;; c:: Q. 00 I- II> I- :rr en uz :> <( ::t: UJ UJ I- en z u..:J - :E :> I- Q. t!> Q. Oa:lrz 00 u Z C:::E wW:JW I-U <( <( II><(UJ ;rIDoo. a:0 .- >- - ::t:1- 1-:;: U - :JZ .- Z 0 ::t:uz u..:J W o<t N 0 c:: I- 0 OU ul U-' N I- "" -,zu wu.. ::J wffi , ::t: <( 0 ... u UJ -' uO a: :rID en - ;J:t!><( u: <t 1-:;: c:: zzz u.. U Z:J 0-- 0 -u :EC:::E :E<(- OUJC:: u::t:u ... . . . " -- ~p I;'(d~ '. ,. !ll TONYA MARIE CRUM, PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 94-2211 CIVIL TERM RICHARD ANTHONY HODGE, DEFENDANT : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this L1:-day of OCTOBER, 1994, in consideratiDn of the attached CDmmonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, RICHARD ANTHONY HODGE. If the defendant is found during normal Courthouse hDurs, the defendant is to be brought immediately befDre the Court. If not found during Courthouse hours, the defendant is tD be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Furthermore, after appearing before the District Justice the defendant is advised to appear before the Court Administrator at the open of the next busi ness day. Defendant has a right to be represented by an attorney. If the defendant cannDt afford an attDrney, one will be assigned to represent the defendant. By the Court, &b Jr. Judge ThDmas A. Placey Assistant District Attorney Richard Anthony Hodge Defendant Office of the Puhlic Defcnder'/ C~EALTH (f PENW\. VS RICHARD ANTHOtN f{)))JE IN THE roJRT (f ffi'T1)N PI..EftS UffiERI..AND COONlY J PENW\, 94-2211 CIVIL [J W[LL[AM D[EHLJ DEPUTY SHER[FF BE[NG DULY SWCRN BY LAW SAYS, m\T ON MARCH 25J 1995 THE ABOVE NAMED SUBJECT WAS ARRESTED BY CARLISLE BCRO. POLICE DEPT, AND THE N. MIDDLETON lWP, POL[CE DEPT, ON TH[S BENCH WARRANT. SUBJECT WAS TRANSPCRTED BY THE ARRESTING AUTHORITIES TO THE CLMBERLAND COUNlY PR[SON WHERE HE [S LODGED WAITING FURTHER ACTION OF THE COURT, SHERIFF COSTS: $0,00 SO ANSWERS, R, THa.1A~EJ S.1ER [FF BY __~~__l___~_____ WILLIAM DlEHLJ DEPUTY &on en - .- ::II:: '""'" .::r .::r ...... r...... "" "" :c: .. I ~... c RICHARD ANTHONY HODGE, Defendant . . TONYA MARIE CRUM, Petitioner IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : 94-2211 CIVIL TERM : INDIRECT CRIMINAL CONTEMPT IN RE: TRIAL DATE ~ BAIL SET ORDER OF COURT AND NOW, this 28th day of March, 1995, the Defendant, Richard Anthony Hodge, now appearing in Court with his court-appointed counsel, Michelle R. St. Clair, Esquire, pursuant to a warrant issued for his arrest by this Court on October 13, 1994, and pursuant to an agreement between the Defendant, through his counsel, and the Commonwealth, in the person of Travis N. Gery, Esquire, a trial on the charge of Indirect Criminal Contempt in this matter is scheduled for Thursday, April 20, 1995. at 8:30 a.m. Bail is set in this matter at $1,000.00 without prejudice to the Defendant's right to file a formal motion for a reduction of bail. By the Court. / J Travis N. Gery, Esquire Assistant District Attorney Michelle R. St. Clair, Esquire Court-appointed Counsel CCP :slr e.~.... .m,<,..l.~,,- 3/31/9<;', ,~ ('. /';; . .. f- " I , , I' i' H~R 30 II 50 :,11'95 II ; ! '; ~ ,-,' ~ ; ..~.1' ". 1\'" I~l! .: . -,,,II r.' .n'Y ~, ~ ~ ': ; 'J.'. '. CASH OR NOMINAL BAIL BOND CERTIFICATION OF BAIL AND DISCHARGE ~ COMMONW(ALTII V:i (Dt'lutlfJ.n N....-r1r11W1d A,/l:kftMi) Richard Anthony Hodge 151 West North Street Carlisle. PA l701J [lil ROR (no surety) DNominal Bail D Boll {Iotal amount set, II anYI $ o CondItions 01 Release (aside 110m appearing al Coutl when required:) (attach addendum. it necessary) SECURITY OR SURETY IF ANYj D Cash in full amount of bOil D Percenlage cosh bail D Money furnished by D Defendant D 3rt! Parly JUDGE OR ISSUING AUTUonlTV Hon. J. Wesley 01er. Jr. APPEARANCE OR BAIL BOND THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPDSITIDN OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETlTlDN FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES. 1'01.11:1 CA~;[ "10 0.1 NO CP TlnM& flO - (:itAlltil t~il--'---~---- --~--~--- 94-221l Civil Term O"TE Of CIIAIlGUSI Contempt: Violation of Protection from Abuse Order DATE ANO TIME NEXT COURT ACTION lOCATION TO: D Detention Canter DOltlCr I hereby certify that sulficient bail has been entered D By tho defendant D On behalf of tho delendant by: (~t & Adl:tvs5 01 SuofyJ (LICMSe No' . Relund 01 cash bail will be made within 20 days after final dIsposition. (Pa.R.Cr.P.40 15(b) I . Refund of all other types of bail will be made promptly after 20 days tollowing final disposition. (PaR.Cr.P.40 15(011 . Bring Cash Bni! Receipt to Clerk of Court. DISCHARGE THE ABOVE.NAMED DEFENDANT FROM CUSTOOY IF DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED Given under my hand and the Ollicial Seal of this Court. this 20th day of April ~';1JJ~-rJ. a. ~~ l~OflS.~UInjlAulhOfltYJ Dept. 95 .19_. (SEALI Prothy. WE. THE UNDERSIGNED. defendant and surety. our successors. heirs and assigns. aro jointly and severally bound to pay to tho Commonwealth of Pennsylvania the sum of dollars ($ ). SEE REVERSE SIDE FOR BAIL CONDITIONS TO BE USED ONLY FOR PERCENTAGE CASH BAIL: The undersigned about to become Surety In the case cited herein, beirKJ duly sworn (or affirmed), deposes and says: I ACKNOWLEOGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOYNT OF THE BAIL. The follOWing acknowledgement IS also appllc.,ble ~ ..-', / / / ,-7 / / . 1/ Percentage Cash BilIllS used 15.....!~ o>'(/.,'{, (ft /J~:~J~ro>';I ".nT'1.'1 20 19-L5 <iK;NJ,lWU or 01 Ff '.(lM,l P / THIS BOND SIGNED ON_-"",,, I 01___ __ _ .c:,'lI::.J,Jsle PENNSVLVANIA 1. I reside al and my occupahon is 2. I have no undisposed of criminal cases against me pendil\{) in the Courts of lhe aforesaid County, except as fallows. SKJlled and t1cknowledged belore me this 20th day 01 April . 19 __ 95 fl;, .. J . ~l a, IV ttia,t.-L.- ~'\...-~~""""AuI"""~1 Dpty. Prothy. AOPC 4 U.Ii;> my phone number is and I work for _____ 3. I am not Surely on .my bond of any kind except as follows: OAf[ "MOIJPlY DEfENDANT .t I htlvc carefully mad the foregOing affidavit and know It IS hue and correct ISEALI Signature 0/ Surety (May be BondSl11il/1, &,;1 Agency, or pf/vote indivtdual 01 organization). Except when defendant IS released on his own rocognizance (nOR), this must be signed in all bail situations, includmg nonllf1<JI bel/I. (SEALI ADORE 55 Of ~URl T'I ::;Url[Ty COMPANy OH{}[fENDANT Stnty No (V Ph>les.s.tma/ tlondsmM h:ense No "EIp.nJtJM Dam ORIGINAL .' .r " TONYA MARIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. RICHARD ANTHONY HODGE, Defendant 94-2211 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of April, 1995, the Defendant, Richard Anthony Hodge, now appearing in court with his Court-Appointed Counsel, Michelle R. st. Clair, Esquire, and having tendered a plea of guilty to indirect criminal contempt for violation of a Protection From Abuse Order issued by this Court on June 9, 1994, the Defendant's plea of guilty is accepted. Sentence in this case is scheduled for Tuesday, June 13. 1995, at 9:00 a.m. Pursuant to a request for a continuance of sentencing made by Defendant's counsel, sentence IS CONTINUED from that date until Tuesday. July 25, 1995, at 9:00 a.m. at which time the Defendant shall present himself for sentencing without further Order of Court. The reason for the deferral of sentence is to enable the Defendant and the Plaintiff to continue or initiate counseling inasmuch as they have apparently reconciled. The Defendant shall be released on his own recognizance on this charge conditioned upon his execution of the necessary bail document. ~~,"'. .'~. . -...... MR 21/ 9 'U ~il'95 I;.;. I. '. '1. 'l,j;4' .:.t,) .;v "" " . " By the court, J THOMAS A. PLACEY, ESQUIRE Sr. Assistant District Attorney MICHELLE ST. CLAIR, ESQUIRE Court-Appointed Counsel ~ ~ ~L '1-1 'J.<f!f15. "h.ti'. cCP wcy ....,..*. ~ - \ " .- - .. , . I t I I ! ~ f I I , . " t~ .:, \'0. ai ~o~ at tun bl' l' 4..,0 . '.~., . "'~~':. . . ",',. '"\ R THOMAS KLINE Sheri" . ;'" '", HDRACE A. JOHNSON Solicitor OFFICE OF THE SHERIFF Courl House Carlisle, Pennsylvania 17013 April 26. 1995 Lawrence E. Welker Cumberland County Prothonotary Carlisle. Pa. SUBJECT CIVIL SUBPOENAS 1./ 94-2211 Civil Richard Hodge 2.80 2. 94-6558 Civil Linwood Richardson Jr. 2.80 Total $5.60 So answers: .,_./.,,,..-;;t'. . RONNY A. ANDERSON Chlof Dopuly AUDREY G. ADAMS Roal Estato Dopuly .,' / R. Thomas Kline. Sheriff ..'" AUTHORITY TO PAY COURT APPOINTED COUNSE~ i I:' . i ~ -, nil /,..,- I - , C,)\inr 2 VOUCHER o Ol'.>lr.cl JU5tlce >b Common Pleas 0 Appell.le o Othor " " . -~-_.- N!l 1145 J FOR ID J. C p. APPELL..,TEI 4. AT tCITY/STATEl 5 BUDGET COOE C.P. Carlisle, PA/Cumberland Co. (I,,"-n 3wVo aU 6 IN THE CAse OF 1 CHARGEJOFFENSE 'PURDON CIfATlO~ll 8 0 PETTY OFFENSE Crum " Hodge 23 Pa.C.S.A. ~6114 o FELONY 0 MISDEMEANOR 'J PROCEEOI~4GS (DesCflbe brlellyl 11 PERSON REPRESENTED 12. CIVIL DOCKET NO IX D.I.rod.", . Ad\,i1I 94-2211 Civil Te indirect criminal contempt , rJ Oe',,"r1,1nt .JII.'".I. J ApOfl!"'" lJ C'i!W'NAL OOCKET NO . .. AOt:"':..", c: , ., H..b".~ Pehl'O""' , L"J 15 ~J "''''''''.lI'N,'.,." '" -- / .. PollOI.." C",If~~1 W'l" ...",I"',on to Pln:)o~, REPRESENTED tFull Namel . ~ P'onoll'I:l"'" C".rge,1 W,th V,OI.',cn - 14. APPEALS COCKET NO - Richard Anthony Hodge . - 0'''.' N . . .. W . " 3/28/95 16 NAME OF ATTORNEV/PAYEE.....P: Avpl ~_I'l!' MAILING ADDRESS ~-' I = - .. Michelle R. st.~ir - CD Griffie & Associa es c.n Hon. J. Wesley Oler, Jr. 200 North Hanover street NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE Carlisle, PA 17013 11 TELEPHONE No 18 5C";'''l ~[:uRI'" NO I)A ~ "1 ~;O 243-5551 CLAIM FOR SERVICES OR EXPENSES 19 SERVICE HQUPS OATES AMOUNTS CLAIMEO .1 A"a.g"m,n' andlor Pie. l 3/28 MuU'Dly rl'e per hour lime' tOlal t) P,ellmlnary H,,,,ng hours 10 ob'aln "In Cour1R com. pensallon Enltr lOll' below e. Mohon, and ReQue,ls ... d Bolli He.llngs 0: ::> tt Senlenc. H.atlng, .8 7/2<; 0 u I. T"al . ~ 4/20 ;; o Re'loc:tllon Heatings n JU"'II'lIle Hearings I ApPlIal, Court 19,," TOTAL IN COURT COMPo I OU'lttt ISoec,fy on addllronal '''eetsl TOTAL HOURS. 2.6 X$'N~OUR -s130.00 20. a lnler'-l.e....' .and conl.renc., l.2 ?I?R 4/<; 4 11 Mulll~ty rat. per hOuf times IOI.a1 b Obla,nlno and ,e...lewlng record' C. ll?R 4/24 hou's. Enter lolal "Oul of Court~ ..... comDen.allon belo...... 00: c Legal feuareh and br'lel.....f1tlng . c. 4/<; 4/7. 4/17 ...::> ::>0 ~ In...esnQ3tJ'19 and ottle, wo,,," (Speoly on !ldchoonm $hIlts) 20,," TOTAL OUT OF COURT ou h,,"r'n~ ';nn 3,0 A 11 A 4/1Q.7/2 COMPo TOTAL HOURS - 8.4 X $4<) PER HOUn - S 336.00 2\ ITEMIZATION OF REIMBURSABLE EXPENSES AMT PER ITEM ~/t!p.;)a9 S 25 oor mile . Q -. -- l.UU 0: , ~ ..._1 1-_ "nil ,,_~~ f',,~ho_~nM Co orisonl w J: 2',," TOTAL ITEMIZED EXP. ... 0 -$ 2.00 22 CERTIFICATION OF AnORNEY/PAYEE 2J. GRAND TOTAL CLAIMED Has compunsallon and/or reimburalmenllOl work In thl, cal. pr.vloulty been applied for? DYES XI NO -$ 468.00 II yes, ....,rp. you paid" DYES o NO Ifyes.bywhamwereyau paid? Howmuch1 Has the person reprosented paid any maney 10 you, or to you' knowl.dge Inyone else, In connection wllh Ihe miner tor 2A. DEDUCT. PRIOR PYlolTS. whlcn you .....e'l! ,lppolnted 10 provide represen\atlo~? 0 {1S ~ N~. II ~et gi.... delalls on .ddl~P1l:leS.ls -$ I sweolr or allllm Ihelrulhorconectne" (111 (,..... C ~ ( a..\..... \. ql) 25 NET AMDUNT CLAIMED 01 ltoe oIbo...o slalomnnl, Slgn.tur.~"Orney/P.ye. Oal. .s " ~."; "6 \, r''''"" I ~.J .tVt.-orL oZ7- 21. AMT. APPROVED .. I. .. S.qM.llu'.ol .0". A\l.'. (l . 1\ "lS' .......' '.' Jua~. . -s ",~,bb COPV 1 ' Mail to c\,trl Administrator at com lehon 01 service ~ m p ,. yo l.,..... . 7-.~ ,- ~ ~.:". COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . v. 94-2034 CHARGE: CRIMINAL TERM (A) SIMPLE ASSAULT (B) CRIMINAL MISCHIEF CPL. BRENT GRIEST RICHARD ANTHONY HODGE OTN: E726552-1 AFFIANT: ~ 94-2211 CHARGE: CIVIL TERM INDIRECT CRIM. CONTEMPT It; RE: SEN'IENCE ORDER OF COURT AND NOW, this 25th day of July, 1995, the Defendant, Richard Anthony Hodge. now appearing in court for sentence with his court-appointed counsel, Michelle R. st. Clair, Esquire, and having previously entered a plea of no contest at Number 94-2034 Criminal Term to Count A, Simple Assault, a misdemeanor of the second degree, and Count B, criminal MiSChief, a summary offense. and having previously entered a plea of guilty to Indirect criminal contempt at Number 94-2211 civil Term, and the Court being in receipt of a pre-sentence investigation report with respect to the charges at Number 94-2034, upon which it relies, the sentences of the Court are as follows: At Number 94-2034 Criminal Term, Simple Assaul~1r a misdemeanor of the second degree, to pay the costs of prosecution and undergo imprisonment in tHe) ,-, Cumberland County prison for a period of not less than 87 days.-.: nor more than 23 months. It appearing that the Defendant has~) I .... .....0... - served the minimum portion of the sentence, he is immediately paroled on this charge conditioned upon his being and remaining on good behavior and complying with all written directions of his parole officer. At Count B, Criminal Mischief, a summary offense, the Defendant is sentenced to pay the costs of prosecution. At Number 94-2211 civil Term, Indirect criminal Contempt, the Defendant is sentenced to pay the costs of prosecution, including any Sheriff's fees and any costs associated with the Protection from Abuse proceeding, and to undergo imprisonment in the Cumberland County Prison for a period of 56 days. It appearing that the Defendant has served the sentence imposed herein, he shall be released with respect to this charge. By the Court, Travis N. Gery, Esquire Assistant District Attorney Michelle R. St. Clair. Esquire court-Appointed Counsel for Defendant Probation C.C.P. lt C~ (\.~.c..,- ~ ~"'^-"\-~. Lr> en c ." ''-I "" " ,,-, -:.:.. .. ~.' COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , , V. 1994-52211 TERM," NO. RICHARD ANTHONY HODGE CHARGE: CASE TRANSFERRED FROM CIVIL DIVISIO OTN: AFFIANT: IN RE: RULE TO SHOW CAUSE /' ORDER OF COURT AND NOW, September 25, 1995, in consideration of the attached petition, the court issues a Rule to Show Cause on the defendant why he should not be adjudged in contempt of court for failing to pay the sums set forth in the petition. The Rule is returnable and the hearing shall be held on ,~ ,." -v ;""~'" October l3, 1995 at 9:30 AM in Courtroom No.4, of the ..:.i Cumberland County Courthouse, Carlisle, Pennsylvania. Service of the petition to be made on the defendant by Certif~ed Mail, Return Receipt Requested and by regular mail. By the Court, ,t4L District Attorney's Office Public Defender's Office Probation Of flce , '-- 1. Report to the Probation Office in person at the time and date set by the Collections Officer. ,~ r,1 -J COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD ANTHONY HODGE TERM & NO. PROB. NO. CHARGE: 1994-52211 27566 CASE TRANSFERRED FROM CIVIL DIVISIO OTN: AFFIANT: IN RE: PETITION FOR RULE TO SHOW CAUSE WHY THE DEFENDANT SHOULD NOT BE HELD IN CONTEMPT OF COURT AND NOW, September 25. 1995, the Probation Office of Cumberland County, respectfully petitions Your Honorable Court to isaue a Rule why the defendant should not be held in contempt of court. The defendant has failed to comply with the Court Order dated 7/25/l995. The defendant has failed to: 2. Make regular payments on the fines, costs, and restitution as agreed. 3. Other: 1.-, ..... The defendant has agreed to pay $101.60 per month. Date last paid was 0/00/0000. The balance is $lOl. 60. Therefore your petitioner prays this Honorable Court issue a Rule why the defendant should not be held in contempt of court. Respectfully submitted, 1 / \.//_' ') d/vV'J./ "7U- Pet! tioneJY'" , --- // ""L~-'AJ_ ~v _ .e~ of Courts :>- '" ;- G ('-: 1"7 i:: c:: :5 . .- \l.l . . .j ;:. ( . .' ( : ....1: 8 U , ~"'.I I ,'. r' 'J i.~ ,.: , ':', ~ .; "'ta u> -q ... I - " I I, C:~ ~.:j () C" U \ COMMONWEALTH IN THE COURT OF COMMON PLEAS OF v CUMBERLAND COUNTY, PENNSYLVANIA --. 94-2034 CRIMINAL TERM . '''-'2320 CRIMINAL 1993 '" 1994-52211 ./ '\,1993-50866 t . . RICHARD A. HODGE . . IN RE: BENCH WARRANT ORDER OF COURT AND NOW, this 13th day of October, 1995, at 10:15 a.m., a bench warrant is issued for the arrest of the defendant. By the Court, Thomas Placey, Esquire Sr. Assistant District Attorney Probation ~A.d Kev A. Hess, J. :bg . , 1- '.' C:J ~ cr- ~.. 1- IJ).o .J_ c-r ~,;::,. JI" " tZ (:,~ Cf:~. f'. tJ C5 0, C>: Q ~ ::-- .~.:l .... >j.:f ~7: '''I - . ._~:~i:; : :;1'.-: .:,'/cf! ..:..1 U ~ ") C:J 0- ." .- TONYA MARIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . v. : CIVIL ACTION - LAW : RICHARD ANTHONY HODGE, Defendant . . 94-2211 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of April, 1995, the Defendant, Richard Anthony HOdge, now appearing in court with his Court-Appointed Counsel, Michelle R. st. Clair, Esquire, and having tendered a plea of guilty to indirect criminal contempt for violation of a Protection From Abuse Order issued by this Court on June 9, 1994, the Defendant's plea of guilty is accepted. sentence in this case is scheduled for Tuesday, June 13, 1995, at 9:00 a.m. Pursuant to a request for a continuance of sentencing made by Defendant's counsel, sentence IS CONTINUED from that date until Tuesday, July 25, 1995, at 9:00 a.m. at which time the Defendant shall present himself for sentencing without further Order of Court. The reason for the deferral of sentence is to enable the Defendant and the Plaintiff to continue or initiate counseling inasmuch as they have apparently reconciled. The Defendant shall be released on his own recognizance on this charge conditioned upon his execution of the necessary bail document. fJ J::, pAL aU g #u d~v.ww J5 :r ~v-.e... "7v't '1-e-, 0.... 0 pI- ;j~Jli ~ /ulfJ (fW , ,';J~ .' . '... :.0_"- ___ .- By the Court, J THOMAS A. PLACEY, ESQUIRE Sr. Assistant District Attorney "~LLE ST. CLAIR, ESQUIRE ~~~~~-APpointed Counsel CCP wcy TONYA MARIE CRUM, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA . . v. 94-2211 CIVIL TERM RICHARD ANTHONY HODGE, Defendant INDIRECT CRIMINAL CONTEMPT IN RE: APPOINTMENT OF COUNSEL ORDER OF COURT AND NOW, this 28th day of March, 1995, upon consideration of the Defendant's application for the assignment of counsel, and it appearing that the Public Defender's Office may have a conflict with respect to this case, Michelle R. St. Clair, Esquire, is appointed by the Court to represent the Defendant. By the Court, Travis N. Gery, Esquire Assistant District Attorney Michelle R. St. Clair, Esquire J Court-appointed Counsel Court Administrator CCP :slr '- TONYA MARIE CRUM, Petitioner . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN:IA v. 94-2211 CIVIL TERM . . : RICHARD ANTHONY HODGE, Defendant : INDIRECT CRIMINAL CONTEMPT IN RE: TRIAL DATE & BAIL SET ORDER OF COURT AND NOW, this 28th day of March, 1995, the Defendant, Richard Anthony Hodge, now appearing in Court with his court-appointed counsel, Michelle R. St. Clair, Esquire, pursuant to a warrant issued for his arrest by this Court on October 13, 1994, and pursuant to an agreement between the Defendant, through his counsel, and the Commonwealth, in the person of Travis N. Gery, Esquire. a trial on the charge of Indirect Criminal Contempt in this matter is scheduled for Thursday, April 20, 1995, at 8:30 a.m. Bail is set in this matter at $1,000.00 without prejudice to the Defendant's right to file a formal motion for a reduction of bail. By the Court, J / Travis N. Gery, Esquire Assistant District Attorney Michelle R. St. Clair, Esquire ~Court-appointed Counsel CCP :slr .;; .f (,'!\i-.j.. " ';~"I" ,." -. .. C.-.. r .;t::: - .r.' ".,'.:.",;.!-',:-;..:"':', :', . '/~tt , ". "' :':"" . ..;, :;";. ;";. ;~~'....:.~.'.-,'. . . . ..., ...-- TONY A MARIE CRUM, PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 94-2211 CIVIL TERM RICHARD ANTHONY HODGE, DEFENDANT : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this \~ \ay of OCTOBER, 1994, in consideration of the attached Commonwealth's Petition. a WARRANT IS ISSUED FOR THE ARREST of the Defendant, RICHARD ANTHONY HODGE. If the defendant is found during normal Courthouse hours, the defendant is tD be brought immediately before the Court. If not found during Courthouse hDurs, the defendant is to be taken to the on-caJ1 District Justice and bail set pursuant to the Rules of Criminal Procedure. Furthermore, after appearing before the District Justice the defendant is advised to appear before the Court Administrator at the open of the next business day. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, one will be assigned to represent the defendant. By the Court I J Thomas A. Placey Assistant District Attorney Richard Anthony Hodge Defendant FILE COpy ~~ Office of the Public Defender I' ~ 2 Ol'l 1, I r;nn.;Ji 1 L.. V7\'NJA v. . : 94-2211 CIVIL TERM RICHARD ANTHONY HODGE, DEFENDANT : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEAL TH'S PETITfON FOR A HEARING ON CHARGES OF rNDIRECT CRIMINAL CONTEMPT Thomas A. Placey, Assistant District Attorney of Cumberland County I Pennsylvania brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct certified copy of the Order is attached. 2. The defendant's second violation of this Order is averred in the attached criminal complaint and affidavit Df probable cause. 3. The police were unable to locate the defendant in their jurisdiction as upon the police arrival the defendant fled. 4. The victim requested the police tD file charges of Indirect Criminal Contempt upon infonnation received. 5. The police ascertained the immediate safety of the victim. 6. The Commonwealth is requesting a hearing Dn the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. ~6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. lacey istrict Attorney .' ,'~ ," '. ;'~";-';' .~I" Wm sliOje4~lt~t9ira475'" 'Ii?,:" ,.,'~,. ~,,,.:....;",:'i~..j "..' ":"~'i::"" .'.' '. ..,.._,.........:..., .,.....~..J-:r-. "'''C:~i "{''''<'TI1o,'I,Jrtf' \j~-~";\" . ....,1:. '. , _ ~".. ~ ~~S~lppenlbi.l!g 17).63o-S868I,IIC: :~~':~'J~~(!:~".:.l'"l;t"'.;'"'''' ......- ':'~;""'" .,. ..'. ";"..:f!:.}' ,"~ "::~,''f4',,\~,, . ".' '_.~~~?!!w.~~::~~" '.~~' ..! :';"~~::~~:'1~.: 1.~'~~;:-'"'' '___ IN THE COURT OF COMMON PLEAS OF TONYA MARIE CRUM, Plaintiff CUMBERLAtlD COUNTY, PENNSYLVANIA 1'10.94 - ~.;l.lf CIVIL TERM vs. PROTECTI'J!I FRON .:>'BUSE AND CUST'JDY RICHARD ANTHONY HODGE, Defendant PROTECTIVE ORDER AND NOW, this ~ day of June, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, RICHARD ANTHONY HODGE, is enjoined from physically abusing the plaintiff, TONYA MARIE CRUM, or from placing her in fear of abuse. 2. The defendant, RICHARD ANTHONY HODGE, is enjoined from having any contact with the plaintiff, except for the purpose of facilitating visitation, including but not limited to, harassing or stalking the plaintiff, and harassing the plaintiff'S relatives. 3. The defendant, RICHARD ANTHONY HODGE, is ordered to ~tay awa; from the residence lo~ated at 111 Ncrth Hanover Street, Carlisl('~, Pennsy\\'~nii', "1'0 ::re,[l1 '-,:1')" other resi.dence the plaintiff may establish for herselt in th0 future, except for the purpo~c ,:f ::1cilitating vi.:31.~i',tior:. 7h,~ ::!c::end-:\nt shall see}~ modification (change) of this Order befo~e living with the plaintiff in a domicile she may establish for herself in the future, wherever it may be. The defendant is hereby notified _.....~-... - ._.~ _ _.__ ..:'W__ .... ..._..... _. ___ ______~__u . ... ___..~ _ ...-....._ . ----...-.-.. -. , ._., .,_;J~,,,,,,,'."U'l.t.,,, .j... _..... i. ,: that if he resides in the plaintiff's domicile contrary t'6--Elfis-' Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000 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 defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. 4. The defendant is ordered to pay the plaintiff's out-of- pocket losses which are listed on the "Out-of-Pocket Losses" form in the amount of $172.10 within 120 days of the entry of this Order. 5. This Order shall remain in effect for a period of one year. 6. The Carlisle Police Department will be provided with a copy of this Order by attorneys for plaintiff and may enforce this Order 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 defenda~t shall ta.:en \~itho\lt unnecessary delay before the Court that issued the Order. When that Court is una'J;:l i lable, the defendilnt shall be ta.:ell before the appropriate distri~t justice (23 PS Section 6113). TRUE COpy FROM RECORD In Test!mon~ whereof. I here unto salrny hand and the I 01 _ d 0 at Carlisle, f~: TIl! d -. 19~ By the Court .- I / ,. >/; ~'--. J.: \~eslev olef; . L/ ~ , 1.// i.4 . . I Jr'.;' J. Carlisle. Pa. 17013 A 94624 Col. Griest 01R ( Nam. of A/fIanl) Carlisl~ Pnl ;f"" ( Identify dtpanmenl or altn~ Irpresented and poJiliCDJ JubJI"tJion) RSA. AKA COMMONWEALTH OF PENNSYLVANIA DEFENDANT; VS. . ''!!fl,o'''''';'I.",,,,~,I',~,,, .... n:tlionY:BI9.i:Ige.:.<,u . ;~.:. . ".:.t':o1:';i:t . '1!'- ..tt~.. ,........ .... . ~no..<~v.e.r;.t. :ilf':':~2:\trar,1is1e fj/)J. '6 ,',....r;,.fi(, .c':.,.. .:H ,,::' . y. :~n'3 2"'::'h"ffl. '[.j'~. 1f... . .:;;1.. ~.-... !'". '.~ .~~: "7'" }_;; -.' th....b'Zi': ....;," \~~.. ._\..' "'l~'.. fC~_:~{'~.'~' '.;.' "~'~f::: - ...:";::-' ~ do hereby state: (I) G1x (accuse the above named defendant. who lives at the address set forth above or, ~ 0 I accuse an individual whose name is unknown 10 me but who is described as ~ o his nickname or popular designation is unknown to me and, therefore. ( have designated him herein as John Doe; with violaling the penal laws of the Commonwealth of Pennsylvania at III N. Hanove r st. C 1. 1 ( PI",.. Political Subdi.lsiOll) _ar_ts_p in !;umberland County on or about 10/9/94 approx.. 0453 Participants were (II/heft Wlft partlclpanu. pl<<t IlItfr IIames herr. I't~atlnr Me I14meo! abol/tdtfindanl): 2) The acts committed by the accused were: 0INDIRECT CRIMINAL CONTEMPT-in that the defendant iolated the Order issued under the Protection From Abuse Act in No. 94-2211 n 6/9/94, by the Honorable J. Wesley OlerJr., vhich order directed iKX~k.~ the efendant not to abuse the victim or place ~ in fear of abuse or be at the bove.re~iden7e u~less facilitating custody, in that the defendant did punch he V1ct1m t~lce 1n the mouth causing injury. Additionally, the defendant ulled a ha1r braid from the victim's scalp and carried the phone around inthe partme~t so the victim could not call police. Moreover, the defendant vas at he res1dence vhile not facilitating child custody. of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly. in violation of~~......~ and ~I,~et~:; of the ACl ofi";'YJune~3;:.H?8Piri?!:ection from ($<<IiOll) (Sub,s<<lion) Abuse the . ~~-f5~:~~f~i1~I;,'r.~~}::;:;!~ Ordinance of /(~.~~/t...~~~1"::.~~";"~':-';"~ :i't:.:..\.". ..- ( PoJilicaJ Sub. divUlOfl ) ( ask that a warrant of arrest or a summons be issued and that the accused be required (0 answer the charges I have made. I veriry lhat the facts set forth in this complaint are true and correCl to the best or my knowledge or mrormatlon and belier. This verification is made subject to the penalties of Seclion 4904 of (he Crimes Code (I SPa. C. S. ~ 4904) relating to unsworn falsification to authorities. (),.r n~ , 19 ..3.L 'f ~ ./ , .. ,~ i1"'- ( SignEturr of Complainant ) D NOW. on this date r'., r 11' n. 19 ...3.:L, I certify the complaint has been properly completed and ried, and that there is probable cause for issuance or process. , ' I. . I , .' "-'J '.'i~4C:f:~\:'~".l:';;';'~~':" '"j '-~ :.'.., ~" I ...........:5..,'f.io:........,-~..,... " " _. (Magls'tria' Du,,,,,) V (/SSUir! ~'Ir1fi"I' J (SEAL) tPC411.00 ORIGINAL'SEE REVERSE SIDE FOR WAIVER AND FOOTNOTES 'CRIMiNAl COMPLAINT (POUCE) OISlllICT JUS11CE MAGISTERIAL OISlllICT NO, A 95769 . ':~r:r~~t;'~~~-:.. Ptlrn M::kinney ( ,vam, of Affiont) of 53 W. South St. Carlisle.Pa. t Idtntl/y dtpanmtlll or artnt)" rrprrullltd Qnd pol/Ileal JubcJ/rlJlolf) COMMONWEALTH OF PENNSYLVANIA DEFENDANT: VS. r' .-.....-. NAME ~- -A;;tm EXIIIlX AND 111 N. HSnovei St. ADDRESS ~~!~~a. 17013 R5.A. SSN. 16li~-3232 . AKA I. do hereby state: (1) 0 I accuse the above named defendant, who lives at the address set forth above or. o I accuse an individual whose name is unknown to me but who is described as j f ~ ] U - o his niekname or popular designation is unknown to me and. therefore. I have designated him herein as John Doe: with violating the penal laws of the Commonwealth of Pennsylvania at 111 N. Hanover St. (1'lIIt:t.I'tJlUiatJ Subd/fIsiDlr) in Cllnberland County on or about 8-3-94 at 0325 hrs. Participants were (I/thtrt """'pQrIidptUlU.p/DatJttlnl"lrIa htrt. rtpItI/1Itr WNJlrlloftJb<md<fINlant): (2) The acts committed by the accused were: (3) Indirect Criminal Cont~t - The defendant violated the order issured under the Protection Fran Awse Act in No. '..WiII__ _.__._,~ on the 9th day of June 1994,by the Hororable J. Wesley Oler Jr. which order directed the defendant not to wt Tonya Marie Crun in fear of awse in that the defendant did pick Tonya Crun up and xxxxx throwed her into a sterio causing a cut on the back of her leg. This happened on 8-3-94 at 0325 hrs. at Tonya Crun jlXImM(X residence. all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assemblv. or in violation of '<r;7'10190 ~~ and ,....<,~~~....'!<.,': of the Act of ,,_ rJUne'23.1978'PrdteCtr~rl::\Cab. (StctJon) (SIdJ._lon) or the ~,..~~'::'~~'E7""4~ Ordinance of' '--~T-''''''''~~~:~~'~'''''~'~J~~~:'~';.'~-- .,~ ~-. .:-:~. ( Politico! Sub. d..uion) (3) 1 ask that a warrant or. arrest or a summons be issued and that the accused be required to answer the charges I have made. (4) I verify that the facts set forth in this complaint are true and correct to the best of my knOWledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C. S. ~ 4904) relating to unsworn falsification to authorities. ,19 /?rk ~~ (Si,,,,, o/Compl"in"nl) 7 AND NOW, on this date . 19 _, 1 certify the complaint has been properly completed and verified. and that there is probable cause for issuance of process. . . . . . " '. . ...... ....l. . _'. (/"ut., Au/ho"ry) (SEAL) (!It~tmoJ Durn<l) ~" - .--..~ AFFIDAVIT RIDER CONTAINING PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF ARREST FOR Richard Anthony Hodge 111 N. Hanover St. Carlislc,Pa. ooB 2-9-66 On8-3-94 at approx 0325 hrs. the Defendant Richard Anthony Hodge was at 111 N. Hanover SO. Apt.#2. Mr Hodge and the victim Tonya Crun got into a pushing match. The victim was throwed into a sterio in the living room. A peece of glass door broke off the sterio and cut the viet HlI]!i leg( back part). The suspect then left the scene. There is a Protection fran awse and custody on the suspect Hodge. 1he order states that Mr. Hodge is enjoined from physically abusing Tonya Crun. Executed this ................ day 01 ............................ 19...... ~~~. ~ gnatu~ Personally appeared belore me on ............................... 19...... the AlIIant above named. who. being duly sworn (atlirmed) according to law. signed this AlIIdavit Rider In my presence and deposed and said that the laclS setlorth therein are true and correct to the best 01 ^"lanlS knowledge. Information and belief. :, TONYA MARIE CRtlM, Plaintiff : IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY, PBNNSYLVANU v. 94-2211 CrvIL TERM RICHARD ANTHONY HODGE, Defendant : PROTECTION PROM ABOSE : AND CUSTODY IN RB: SENTENCING ORDER OP COURT AND NOW, this 3rd day of August, 1994, the Defendant, Richard Anthony Hodge, having been found guilty by the Court of indirect criminal contempt in the form of violation of the Protection from Abuse Order dated June 9, 1994, the sentence of the Court is that the Defendant undergo imprisonment in the cumberland County Prison for a period of twenty days. Work release is authorized for the Defendant if the prison can accommodate the same. By the Court, /' /l( 1'// // t"\ .... U/~~{t; . J ~ IWesley 0 e .~ .".. V Thomas A. Placey, Esquire Assistant District Attorney William G. Braught, Esquire Assistant Public Defender CCP :slr : . . ~-j . . .: ~ " '~'.~ . ... ,.J !. . . iJ- '... fI..-._ ... ::;:: ~61 HJ 8E Z ~ ~nv , TONYA MARIE CRUM petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. 94-2211 CIVIL CHARGE: INDIRECT CRIMINAL ATTEMPT RICHARD ANTHONY HODGE Defendant ORDER OF COURT AND NOW, this ~ day of July, 1994 in consideration of the attached.Commonwealth's petition, a warrant is issued for the arrest of the Defendant, Richard Anthony Hodge. If the defendant is found during normal Courthouse hours the defendant is to be brought immediately before the Court. If not found during Courthouse hours the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Furthermore, after appearing before the District Justice the defendant is advised to appear before the Court Administrator at the open of the next business day. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, one will be assigned to represent the defendant. By the Court, Thomas A. Placey, Esquire Assistant District Attorney Richard ~hony Hodge, Defendant . . ...... '. -, -... ~ ::, -, TaNYA MARIE CRUM Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 94-221l CIVIL CHARGE: INDIRECT CRIMINAL ATTEMPT RICHARD ANTHONY HODGE Defendant COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Thomas A. Placey, Assistant District Attorney of Cumberland County, Pennsylvania brings the following petition for a hearing on charges of Indirect Criminal Contempt: 1. A protection from Abuse Order was issued by the Court. A true and correct certified copy of the docket is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint and affidavit of probable cause. 3. The police were unable to locate the defendant in their jurisdiction. 4. The victim requested the police to file charges of Indirect Criminal Contempt upon information received. 5. The police ascertained the immediate safety of the victim. 6. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S61l3. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, Th As Attorney ::';~),f{'~,:~~.~ LEGAL SERVICES, II,e. 8 IRVINE ROW .... ~;.~ CARLISLE. PENNSYLVANIA 17013 17171 243-9400 on . ". ; .,1. 0 Fax 17.17) .2.4J.<1026;; . >" " . t.~ ".~~:';:;~'" ~~~.......~..: ..... . ~ ./:~. 0:: .. :APR ~ 7:199~\l ..,,:\:.. 'i\.' . .". ."'..... r'~'~" . ..;..~.~,;,; '.... ,~v'; ,....;-t.;:,r......f.;.,.~'.:;" \-.rv . r: . . "'/t~:,,~.;.:.~~,... .,;;::" .,t. '.:: ....';:.. ....,. West Shol1l (717) 76&-8475 Shippensbu'g 17171 530-5866 -. -..------- TONYA MP.RIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - ;lv~ II CIVIL TERM vs. PROTECTION FROM ABUSE AND CUSTODY RICHARD ANTHONY HODGE, Defendant AND NOW, TEMPORARY PROTECTIVE ORDER this 2 f'/ t~ day of April, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, TONYA }~.RIE CRL~, now residing at 111 North Hanover Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania, is in irr.mediate and present danger of abuse from the defendant, RICHARD ANTHONY HODGE, the following Temporary Order is entered. The defendant, RICHARD ANTHONY HODGE, now residing at 152 West North Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, TONYA MARIE CRUM, or placing her in fear of abuse and is ordered to stay away from the residence located at 111 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, a ~esidence which is leased solely by the plaintiff. The defendan~ is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal conte~pt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any othe~ ap~ropriate punishment. Resu~ption of co-residence on the part of the plaintiff and I" I I defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. Temporary custody of TYSHAWN TYLER HO~GE is hereby awarded to the plaintiff, TONYA MP.RIE CRUM. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, restraining the defendant from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 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 l,tI.. day of May, 1994, at F:.:3c ,a.m. in courtroom No. ~ , Cumberland county Courthouse, carlisle, Pennsylvania. The plaintiff may proceed in forma pauperis pending a further order after the hearing. The Cu~barland 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 Carlisle Police Department will be provided with a copy of this Order by attorneys fcr plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal con~empt without warrant upon probable cause that this Order has been violated, ~hether 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 be taken without unnecessary delay before the court that issued the Order. When that court lS unavailable, the - -..-.. .....-. - ....-.--.....-------....-- ...... defendant shall be taken before the appropriate district justice (23 Pa.C.S.A. Section 6113). By the court, I --,l V 'I.' - ~ ./'.,/.il.,-, ""'-- V" ;j; _'J '- , ~ :J . . '. ;h, . ,- , \ . '''1. TRUE qopY FROM RECORD In Testl'1lOnj' whereof, 1. here unto set my hand and the. of sa C CarlIsle ~J. Thl .( cia 19.!t.Y=.... . . ~: - >. .- ..-...------ ---..-----.----.------- TONYA MARIE CF.~~, Plaintiff IN THE COURT OF COMMON PLEAS OF ..:",,) : CUMBERLAND COUNTY, PEIlNSYLV;'.NIA NO. 94 - ~.;l II CIVIL TERM vs. PROTECTIOIl FROM ABUSE AND CUSTOD'i RICHARD i\.N'!HONY HODGE, Defendan-c PROTECTIVE ORDER AND NOW, this ~ day of June, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, RICHARD ANTHONY HODGE, is enjoined from physically abusing the plaintiff, TONYA MARIE CRUM, or from placing her in fear of abuse. 2. The defendant, RICHARD ANTHONY HODGE, is enjoined from having any contact with the plaintiff, except for the purpose of facilitating visitation, including but not limited to, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. J. The defendant, RICH~P.D ANTHONY HODGE, is ordered to stay ~~av f~CM th~ ~esidence located at 1:2 t:o~th Ha~over Street, Carlisle, ~2~~sylvania, and fron any other residence the p:a:~~i:f may establish for herSElf in the future, except for the p~rpose of facilitating visitation. ~he defendant shall seek nodification (change) of this Order before living with the plaintiff in a domicile she may establish for herself i~ the future, wherever it may be. The defendant is hereby notified . . , that if he resides in the plaintiff's domlcTle' contra:-y-filfnls Order, he may be in indirect criminal contempt ~hich is punishable by a fine not to exceed $1,000 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 t~e defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. 4. The defendant is ordered to pay the plaintiff's out-of- pocket losses which are listed on the "Out-of-Pocket Losses" form in the amount of $172.10 within 120 days of the entry of this Order. 5. This Order shall remain in effect for a period of one year. 6. The Carlisle Police Department will be provided with a copy of this Order by attorneys for plaintiff and may enforce this Order by arrest for indi:-ect 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 taken ~ithout unnecessary delay before the Court that issued the 0rder. When that Court is unavailatle, the defencant shall be ~a~en befcrc the appropriate dist~jct justice (23 PS Section 61:3). TRUE COPY FROM RECORD In Testimo~' whereof, I here unto set my hand and t seal of sai~ Carlisle, 1)./, Thi day . 19~ By the Court . - I \ I / ' . . ~J' ......;..;......, J. /Wesley Ole-r; J .' - . . ;..... / 1 \,.--:' Jr". ,. J. Prolhon .~/(. (, of C'lIMINAL COMPLAINT (POLICE) DISTRICT JUSTICE MAGISTERIAL DISTRICT NO. 09-2-01 Paula Correal l~ W. Hi~~ St., 2nd floor Carlisle, PA 17013 A 95741 Ptlrn. K. D. McCo~ #20 I Nomt 0 Affiant) Carlisle Police Deot. ( Idtntlfy dtptmmtnt 01 D,"II'" rtprrJtnltd and po/Weal JUbd"'UIOfl) COMMONWEALTH OF PENNSYLVANIA DEFENDANT: VS. NAME ~~tbf~~ffii6die' AND . -'. 1 'i1 :tL:1brth St. ...:..:'..-':; ADDRESS; :.Qiriis1e,"'PA '17013:. ~/. --. -- :.....:.... black/male/2t OOB 02-~l>>!' - . -. ---:.41" RS.A. AKA Jo hereby stale: ( 1 ) lXI I accuse the above named defendant, who lives at the address set fonh above or. _ 0 I accuse an individual whose name is unknown to me but who is described as .is ~ ;; j. c ~ ... c ,c ~. o his nickname or popular designation is unknown to me and. therefore. I have designated him herein as John Doe: with violating the penal laws of the Commonwealth of Pennsylvania at 111 b1. Hanover St., Apt. 2 ( PIaa. fb/j/JaJJ Subd;./sIDll) 07-10-Qu ApprnY O~~~ hr~ 2) Carlisle Borough in Cunberland County on or about Participants were (lI.h... wt..patrlcipanlJ. phlalhtlflUJJ"es 1ItIr. rrpttJ/J", .ht_ofab<Mdr:ftndDnJ), The acts committed by the accused were: 0 Indirect Criminal Contempt - in that the defendant violated the Order issued under the Protection From Abuse Act in No.94-2211 Civil on June 9, 19Y4, t:J'j the Honorable J. Wesley Oler, Jr., I1Ihi.ch Order directed defendant not to place Tonya Marie Crum in fear of aOOse, not to have any contact with the plaintiff except for visitation, and not to harass the plaintiff. The defendant went to 111 N. Hanover St. Apt. #2 at approximately 0355 hrs. and attempted to open the door of the plaintiff's residence rot a chain prevented it. Theaefendant attempted to persuade the plaintiff to let him in. Police were called to the scene rot Hodge had left. While speaking to the plaintiff in the front of the residence a rear window was pushed in and a mirror breaking was heard. Police discovered the window on the floor and footprints on an ad;acent roof next to the window. This occured .;ust minutes after Hodge had left the front of the residence. all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly. Jr in violation of !"':'10190. ',~ y .~. - and ..~-: . .' . .'. , _. of the Act of ':Jiii'ie""13:1978 ProtectIon ,t:!:'lin':AIlUSe~r ISla;on) (Sub.~Uonl Jr the ~-,:--~ --- . --. . Ordinance of ......_~- . .- ...-- OO:--J ,--".-..- ( PolitiCal Sub. d'VLlIOn) , 3) I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (4) I verify that the facts set fonh in this complaint are true and correct to the best of my knowledge or infonnation and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa C. S. ~ 4904) relating to unsworn falsification to authorities. , 19 ?( D;SI~1 AND NOW, on this date , 19 _' I cenify the complaint has been properly completed and verified. and that there is probable cause for issuance of process. ~~n-~"'..~~. : ( MarUlmaJ DuU1C1) (SEAL) (lsJlllnr Authorrn') AOPC 4' '.86 " ," ~- ..-.... ,- . . AFFIDAVIT RIDER CONTAINING PROBABLE CAUSE FOR TH'E ISSUANCE OF A WARRANT OF ARREST , FOR roB 02-09-66 R;chard Anthnny Hndfe On 07-10-94 at approximately 0356 hrs. Tonya Marie Crun reported that Richard Anthony Hodge was at her door trying to get in her residence at 111 N. Hanover St. I Apt. 2. Hp. had pushed the door open but a chain was on it. Upon arrival Officers found that Hodge had already left. While talking with the victim at the front pa:t of the house there were noises in the rear or the house. A rear window was discovered on a bathroom floor. It had been pushed in and footprints were found on an adj::.cent roof next to the window. This occured just a couple of minutes after Officers had arrived. A few minutes later Hodge called the victim on the telephone. Executed this .................. day 01 ............................. 19...... ?!D.~ (Signature 0 lant (P~~naIlY appeared belore me on ............................... 19...... the Alflant above named who being duly sworn ah r~ed) according to law. signed this Alfldavll Rider In my presence and deposed and said thai the facts set forth t erem are true and correct to the best 01 A"lanlS knowledge. Information and bellet. (SEAL) TONYA MARIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - ~.).,t CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY -:..;., vs. RICHARD ANTHONY HODGE, Defendant PROTECTIVE ORDER AND NOW, this ~ day of June, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, RICHARD ANTHONY HODGE, is enjoined from physically abusing the plaintiff, TONYA MARIE CRUM, or from placing her in fear of abuse. 2. The defendant, RICHARD ANTHONY HODGE, is enjoined from having any contact with the plaintiff, except for the purpose of facilitating visitation, including but not limited to, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. 3. The defendant, RICHARD ANTHONY HODGE, is ordered to stay away from the residence located at 111 North Hanover Street, Carlisle, Pennsylvania. and from any other residence the plaintiff may establish for herself in the future, except for the purpose of facilitating visitation. The defendant shall seek modification (change) of this Order before living with the plaintiff in a domicile she may establish for herself in the future, wherever it may be. The defendant is hereby notified 5. This Order shall remain in effect for a period of one By the Court r 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 $1,000 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 defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. 4. The defendant is ordered to pay the plaintiff's out-of- pocket losses which are listed on the "out-of-Pocket Losses" form in the amount of $172.10 within 120 days of the entry of this Order. year. 6. The Carlisle Police Department will be provided with a copy of this Order by attorneys for plaintiff and may enforce this Order 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 taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable. the defendant shall be taken before the appropriate district justice (23 PS section 6113). /'t ~ /. '.. [1-1 -1 J.:;.'.-, (/ . J.; Wesley Oh(5t J~!' J. TONYA MARIE CRUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF . . CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 94 - ~;l." CIVIL TERM vs. : PROTECTION FROM ABUSE : .\lID CUSTODY RICHARD ANTHONY HODGE, Defendant CUSTODY ORDER AND NOW, this ~ day of June, 1994, upon consideration of the parties' Consent Agreement, the following Custody Order is entered with regard to custody of the parties' child, TYSHAWN TYLER HODGE. 1. The plaintiff will have primary physical and legal custody of the child. 2. The defendant will have visitation with the child at times and places to be mutually agreed upon by the parties. 3. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. By the Court, TONYA MARIE CRUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF . . : CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 94 - CIVIL TERM vs. : : PROTECTION FROM ABUSE : AND CUSTODY RICHARD ANTHONY HODGE, Defendant : . . CONSENT AGREEMENT This Agreement is entered on this day of June, 1994, by the Plaintiff, TONYA MARIE CRUM, and the defendant, RICHARD ANTHONY HODGE. The plaintiff is represented by Joan Carey, of Legal Services, Inc.; the 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. 1. The defendant, RICHARD ANTHONY HODGE. agrees to refrain from abusing the plaintiff, TONYA MARIE CRUM, or from placing her in fear of abuse. 2. The defendant agrees not to have any contact with the plaintiff, except for the purpose of facilitating visitation. 3. The defendant agrees not to harass or stalk the plaintiff or harass the plaintiff's relatives. 4. The defendant agrees to stay away from the residence located at 111 North Hanover Street, CarliSle, Pennsylvania, except for the purpose of facilitating visitation. 5. The defendant agrees to stay away from any residence the Plaintiff may establish for herself in the future, except for the purpose of facilitating visitation. 6. The defendant agrees to reimburse the plaintiff's out- of-pocket losses suffered as result of the abuse including but not limited to the losses listed on the "Out-of-Pocket Losses" form in the amount of $172.10 within 120 days of the entry of this Order. 7. The defendant, although entering into this Agreement, does not admit the allegations made in this Petition. 8. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 9. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. 10. The defendant and the plaintiff agree to the entry of the following custody order regarding their child, Tyshawn Tyler Hodge: a. The mother will have primary physical and legal custody of the child. b. The father will have visitation with the child at times and places which are mutually agreed upon by the parties. c. The parties realize that their child's well being is paramount to any differences they might have between themselves. Therefore. they agree that neither party will do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other .' parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. ~It"v\ 1 ~ m C1B I rvY\ nya M. crum, Plaintiff ,~ / :z;:::J' . . Richard A. Hod efendant an Carey Attorney for Pl LEGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 SHERIFF'S RE'roRN CCM1CiNWEALni OF PENNSYLVANIA: COlJNI"{ OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2211 Civil Term Temporary Protective Order Protection From Abuse and Custody Petition for Protective Order and Custody Tonya Marie Crum VS Richard Anthony Hodge Barrv J. Horn . ~ltlt Deputy Sheriff of CUnberland County, Pennsylvania, who being duly swom according to law, says. Temporary Protective Order Protection From Abuse that he seIVed the withinand Custody Petition for Protective Order & Custody upon Richard Anthonv Hodqe , the defendant, at 11:44 o'clock A .M. ~n / EDST, on the 01 day of June , 192...4at Cumberland County Prison. Claremont Rd.. Carlisle Pennsylvania. by handing to Richard HOdge , CUnberland County. Temporary Protective Order Protect10n From Aouse a true and attested copy of theand Custody Petition for Protective Order, & Custody and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing SeIVice Affidavit Surcharge l4.00 2.80 16.80 So answers: :/7/ ~ r~~~1~ :.e R. Thanas Kline, eriff by } Swom and subscribed to before me Deputy Shenff this qe:: ..., day of \."~ ., 19 "iV A.D. ~)~/.A- t1. 7n.LL,~ Prothonotary , TONYA MARIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2211 CIVIL TERM v. RICHARD ANTHONY HODGE, Defendant PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, th i s 27 tt.. day of May, 1994, upon cons i derat i on of the attached Motion for Continuance, the hearing scheduled for May 27, 1994, at 2:30 p.m., in Courtroom No.5 of the Cumberland County Courthouse, Carlisle, Pennsylvania, has been continued until the ,11l~'day of eJ.'-<Jt<7-' ,1994 at .3:CtJ tJ .m. 77 . The Temporary Protective Order of April 27, 1994, remains in effect pending further order of Court. A copy of this Order for Continuance will be provided to the Carlisle Police Department by the attorneys for the plaintiff. By the Court, ,- eLf I / J " i C(/~)L .lJ Wesley Ol<J Jr., J. , TONYA MARIE CRUM, IN THE COURT OF COMMON PLEAS OF Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2211 CIVIL TERM PROTECTION FROM ABUSE RICHARD ANTHONY HODGE, Defendant MOTION FOR CONTINUANCE The plaintiff, by and through her attorney, Joan Carey of Legal Services, Inc. states the following: 1. A Temporary Protective Order was issued by this Court on the 27th day of April, 1994, sCheduling a hearing for the 6th day of May, 1994. When the defendant had not been served, this Court 9ranted a continuance until May 27th, 1994 at 2:30 p.m. 2. The Cumberland County Sheriff's Department has attempted to serve the defendant I but has been unable to effect service. 3. The plaintiff requests that a continuance be entered and that the Temporary Protect i ve Order remain in effect pendi ng further order of court. 4. A copy of the Order for Continuance will be delivered to the Carlisle Police Department by attorneys for the plaintiff. WHEREFORE I the plaintiff requests that an Order for Continuance be entered and that pending further Order of Court the . ".,. '. Temporary Protect;ve Order rema;n in effect. Respectfully subm;tted, Carey Attorney for Pl 'ntiff LEGAL SERVICES, INC. a Irvine Row Carlisle PA 17013 (717) 243-9400 .' " TONYA MARIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 94-2211 CIVIL TERM RICHARD ANTHONY HOOGE, Defendant PROTECTION FROM ABUSE AND CUSTODY AND NOW, this reDER FOR CONTINUANCE ~ day of May, 1994, upon consideration of the attached Motion for Continuance, the hearing scheduled for May 8, 1994, at 8:30 a.m. in Courtroom No.5, is continued until ..-/)')~ ~? ,1994, at :;:30 P.M. The Temporary Protective Order will remain in effect pending further order of Court. A copy of this Order for Continuance will be provided to the Carlisle police Department by the attorneys for the plaintiff. By the Court, ! /:! ()/ ' . , ! / / / . VVOw<? J.' esley Oler, Jr., J. , .' " ... J' ^" ,,,II ~~ 1 ~, v ",-0 J)/'I It ~~ ;r ~\ ~\ h~ III, - ~ '-II I'CI r. ~ .... ,'. / . , TONYA MARIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2211 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY RICHARD ANTHONY HODGE, Defendant MOTION FOR CONTINUANCE The plaintiff moves this Court for an Order continuing the hearing of this case until further Order of Court, on the grounds that: 1. A Temporary Protective Order was issued by this Court on the 27th day of May, 1994, scheduling a ~earing for the 6th day of May, 1994, at 8:30 a.m. 2. The Cumberland County Sheriff's Department has attempted to serve the defendant, but have been unable to effect service. 3. The plaintiff requests that a continuance be entered and that the Temporary Protective Order remain in effect pending further order of court. 4. A copy of the Order for Continuance will be delivered to the Carlisle Police Department by attorneys for the plaintiff. WHEREFORE, the plaintiff moves this Court to grant the plaintiff's Motion, and to continue this matter until further Order of Court. ~ , oan Carey Attorney for Pl intiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle PA 17013 (717) 243-9400 . TONYA MARIE CRUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - ~ CIVIL TERM vs. : PROTECTION FROM ABUSE : AND CUSTODY RICHARD ANTHONY HODGE, Defendant . . AND NOW, TEMPORARY PROTECTIVE ORDER this ~~day of April, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, TONYA MARIE CRUM, now residing at 111 North Hanover Street, Apt. 2, CarliSle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, RICHARD ANTHONY HODGE, the following Temporary Order is entered. The defendant, RICHARD ANTHONY HODGE, now residing at 152 West North street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, TONYA MARIE CRUM. or placing her in fear of abuse and is ordered to stay away from the residence located at 111 North Hanover Street, CarliSle. Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff. 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 from abusing the plaintiff. Temporary custody of TYSHAWN TYLER HODGE is hereby awarded to the plaintiff, TONYA MARIE CRUM. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, restraining the defendant from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 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 f,t:i day of May, 1994, at ?~~c )l .m. in Courtroom No.~ ,Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma pauperis 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 Carlisle Police Department will be provided with a copy of this Order by attorneys for 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 be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the . defendant shall be taken before the appropriate district justice (23 Pa.C.S.A. Section 6113). By the Court, ., ~ -;{. V I I I.' .-,'" ta ..I'/It-- "-=- _ (./~i - .\ -, J ~ ' . .....~ol<.. TONYA MARIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . : : NO. 94 - CIVIL TERM vs. . . PROTECTION FROM ABUSE AND CUSTODY RICHARD ANTHONY HODGE, Defendant NOTICE 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 17013 TELEPHONE NUMBER: (717) 240-6200 TONYA MARIE CRUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF . . : CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM vs. PROTECTION FROM ABUSE AND CUSTODY RICHARD ANTHONY HODGE, Defendant PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 111 North Hanover Street, Apt. 2, Carlisle, cumberland County, Pennsylvania, 17013. 2. The defendant is an adult individual residing at 152 West North Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant is the father of the plaintiff's child. 4. Since approximately August 1992, 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 April 20. 1994, the defendant kicked the plaintiff's door in, grabbed the plaintiff by the hair, pulled her to the floor, and punched her in the chest leaving only when the telephone rang. The plaintiff telephoned the police who came and made a report. After the police left, the defendant knocked on the plaintiff's window. causing the plaintiff to fear for her safety and again call the police. After she hung up the telephone, the defendant again kicked the door in and hit the plaintiff's boyfriend with a 2 x 4 piece of wood. The plaintiff again called the police. The Carlisle Police Department are looking for the defendant and to the best of the kplaintiff's knowledge, will be charging the defendant with buglary and assault. b. On or about April 13, 1994, the defendant came to the plaintiff's residence at 2:00 a.m. and demanded to be let in. When the plaintiff opened the door, the defendant pushed her out of the way and came into the house. The defendant then pushed the plaintiff toward the bedroom. When the plaintiff attempted to call the police, the defendant hung up the phone and ripped the cord out of the wall. c. On or about April 3, 1994, the defendant came into the plaintiff's residence through the kitchen window, went into the plaintiff's bedroom where she was sleeping, put one hand over her mouth and the other on her throat. The defendant would not let the plaintiff out of bed and forced her to sleep with him. d. On or about March 20, 1994, the defendant kicked in the plaintiff's door and slapped the plaintiff across the face. The defendant then punched the plaintiff in the arm and the middle of her back, and pushed his fists into her back forcing her toward the bedroom. The defendant threatened the plaintiff saying, "There's nothing you can do because the PFA ain't no good no more." The plaintiff's previous PFA had expired the day before. During the period of time that the plaintiff's PFA was in effect, the defendant violated it three times and spent time in the Cumberland County Jail. 5. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be restrained from having any contact with her, harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. B. TEMPORARY CUSTODY 7. The plaintiff seeks temporary custody of the following child: ~ Present Residence Asm TYSHAWN TYLER HODGE 111 N. Hanover street Carlisle, PA The child was born out of wedlock. 1 yr. The child is presently in the custody of TONYA MARIE CRUM who resides at 111 North Hanover Street, Carlisle, Pennsylvania. During the child's lifetime, the child has resided with the following persons and at the following addresses: ~ plaintiff & defendant Addresses 11 South Pitt Str~et Carlisle, PA Dates 5/4/93 - 8/93 plaintiff, Jane Middaugh 121 Cold Spring Rd. Carlisle, PA 8/93 - 9/93 (plaintiff's mother), & Jerry Cobb (plaintiff'S mother's boyfriend) plaintiff, defendant, and Helene & Richard Davis (defendant's grandparents) 152 West North St. Carlisle, PA 9/93 - 12/93 plaintiff 111 N. Hanover St. Carlisle, PA plaintiff & 111 N. Hanover St. defendant Carlisle, PA plaintiff 111 N. Hanover St. Carlisle, PA 12/93 - 2/93 2/93 - 3/93 3/93 - present The mother of the child is TONYA MARIE CRUM, currently residing at 111 N. Hanover Street, Apt. 2, Carlisle, Pennsylvania. She is single. The father of the child is RICHARD ANTHONY HODGE, currently residing at 152 W. North Street, Carlisle, Pennsylvania. The plaintiff currently resides with the following persons: ~ Relationship TYSHAWN TYLER HODGE son 8. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 9. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 10. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. The best interests and permanent welfare of the child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including the following: a. The plaintiff is a fit parent who can best take care of her child. b. The plaintiff has been the primary caretaker of the child. c. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the child. C. LOSSES 12. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A which is attached and incorporated herein by reference. 13. The plaintiff asks for attorney fees to be paid to Legal Services, Inc., pursuant to the Protection from Abuse Act. D. STATUS TO PROCEED IN FORMA PAUPERIS 14. The defendant is unemployed. 15. The plaintiff currently receives public assistance in the amount of $316.00 per month. 16. The plaintiff does not have funds available to pay the fees for filing and service. from Abuse Act" of October 7, 1976, 23 P.S. section 6101 ~ ~., 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 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 harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. Granting temporary custody of the minor child to the plaintiff. 4. Ordering the defendant to stay away from the residence located at 111 N. Hanover street, Carlisle. 5. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 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: l. 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 harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. Ordering the defendant to stay away from the , residence located at 111 N. Hanover street, Carlisle. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 5. Ordering the defendant to reimburse the plaintiff's out-of-pocket losses suffered as a result of the abuse including but not limited to the losses listed on the attached sheet marked Exhibit "A". 6. ordering the defendant to pay attorney 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 Carlisle 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. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 17. The allegations of Count I above are incorporated herein as if fully set forth. 18. The best interests and permanent welfare of the child will be served by confirming custody in the plaintiff as set forth in Paragraph 11 of the Petition. WHEREFORE, pursuant to 23 P.S. Section 5301 gt ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, oa~ Carey Attorney for Pla' tiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named plaintiff, TONYA M. CRUM, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Lj - 11., . CjLI . ~ '"' 1:'/ ,---,., 1/ nya ~. 'Crum, (1",,/( ,'j I Plaintiff .--..~~J, TONYA MARIE CRUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . : : NO. 94 - CIVIL TERM vs. . . PROTECTION FROM ABUSE AND CUSTODY RICHARD ANTHONY HODGE, Defendant PROTECTION FROM ABUSE LOSSES SHEET Telephone Expense: Repairs for ripped telephone cord $ 15.80 Interior Repair Expense: Repairs for door that had been kicked in several times $136.30 Clothing Expense: Reimbursement for ripped clothing $ 20.00 TOTAL 172 .10 EXHIBIT "A" d I. *' , ~ d~ V} ) .j ,~ . ~ ~ ........... .......... ~ ~ I ~ 0'- -f~ 1 1 l4 4- ~ j ~~ J} ~ j ct' ~ f CJ