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Home My WebLink About94-02392 (.- v ] =5 J . tI1. 7i I . c...; <Vt ~i -J' ff; --0 ~ :!I \........ ", ',\ \ , i ! J J: ! i , , ~I 0'1 I r<)) (01 CHERYL I-<<:)ACHLANDER, Plaintiff IN THE COURT OF OOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 94 - .n 1..1.- CIVIL TERM SCXlTT I-<<:)ACHLANDER. Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTtVE ORDER AND NOW, this S-. day of May, 1993, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, CHERYL I-<<:)ACHLANDER, now residing at 114 South Arch Street, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the Defendant, SCXlTT I-<<:)ACHLANDER, the following Temporary Order is entered. The defendant, SCXlTT I-<<:)ACHLANDER, now residing at 2124 Newville Road, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, CHERYL I-<<:)ACHLANDER, or placing her in fear of abuse. The defendant is ordered to refrain from harassing or stalking the plaintiff and from harassing the plaintiff's relatives. This Order sha 11 remain in effect unti 1 a final order is entered in this A hearing be held on this matter on the / / t~ day of May, t'/ 'I 'I case. shall l-99a-; at -'J (10 ~) .m. in Courtroom No.-L~, Cumberland County Courthouse, , , Carlisle, Pennsylvania. 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 0 The Carlisle and Pennsylvania State 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 ~\~l J Z 43 PH '91\ , ' . t,,;'. I,; . .'.1,' , .0: ., ,J . ',I ~ indirect crilnina1 contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Defendant shall not be taken to jail but shall be taken without unnecessary delay before the court that issued the Ordero When that court is unavailable, the Defendant shall be arraigned before a district justice who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure (23 Pa.C.S.A. ~6113). By the Court, '/J~ J. CHERYL HOACHLANDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. /\0. 94 - CIVIL TERM SCOTT HOACHLANDER, Defendant PROTECTION FROM ABUSE /\OTIJ~I; You have been sued in courto 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 00 /\OT HAVE A LAWYER ~ CAN/\OT AFF~D ONE, 00 TO ~ TELEPHONE THE OFFICE SET F~TH BELON TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COlJRT AOMINISTRAT~, 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 ~, . . I ;--.......... CHERYL HOACHLANDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 94 - .I ~ '},J. CIVIL TERM 5roTT HOACHLANDER, Defendant PROTECTION FROM ABUSE PETILION FqJ ?ROI~TIY_E ORDEB RELIJ:E..UNDEB_T!:!LffiOIEg'jQ!'! FROfoLABUSE ACT g:Le!l-,_C,S.~~-,--Jl!il0J _eL~e_q, ~.___~BUSE 1. The Plaintiff is an adult individual whose permanent address is 2124 Newville Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant is an adult individual reSiding at 2124 Newville Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Defendant is the plaintiff's husband. 4. Since approximately April 8, 1994, 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 May 3, 1994, the defendant grabbed the plaintiff by the arm and dragged her out the door, causing her to fall onto the concrete 0 The defendant then came after the plaintiff, grabbed her arm, twisting it behind her back, and during the struggle made her fall to the ground with the defendant falling on top of her, injuring her lego The plaintiff was taken to the Carlisle Hospital by ambulance where she was seen in the emergency room and diagnosed with severe brUising to the leg and hipo b. On or about April 8, 1994, the defendant became angry, ran after the -- plaintiff, grabbed her, picked her up, and threw her over his shoulder refusing to put her down 0 When the defendant released the plaintiff, he dropped her to the ground, causing her to fall on her back. The defendant grabbed the plaintiff by the shirt and body and pulled her forcefully enough to cause the loveseat the plaintiff was holding to fall over onto her shoulder. The defendant then stepped on the plaintiff's chest with one foot, holding her in place, causing the plaintiff to fear for her safety. 5. The Plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the Defendant should she return to the home, and that she is in need of protection from such abuse. 6. The Plaintiff desires that the Defendant be restrained from harassing or stalking the Plaintiff, and from harassing the Plaintiff's relativeso ~---LOSSES ~~lIOON~fI;E~ 7. The Plaintiff asks for attorney fees to be paid to Legal Services, Inc., and filing and sheriff service fees pursuant to the Protective from Abuse Act. WHEREFOOE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 PaoCoS.A. 96101 ej ~_~q., 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:" 10 Requiring the Defendant to refrain from abusing the Plaintiff or placing her in fear of abuse. 2. Requiring the Defendant to refrain from harassing or stalking the Plaintiff, and from harassin9 the Plaintiff's relativeso 80 Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such heanng, 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 harassing or stalking the Plaintiff, and from harassing the Plaintiff's relativeso 30 Ordering the Defendant to reimburse the plaintiff her costs of filing and service of this lawsuit and to pay reasonable attorney fees to Legal Services, Inc., pursuant to the Protection From Abuse Act. The Plaintiff further asks that this Petition be filed and served, 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. Respectfully submitted, r!~7ey / Attorney for Plaintif LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (71 7) 243-9400 Date: Lj /9;2 /9 '-( ~ Hoachlander, Plaintiff The above-named Plaintiff, CHERYL HOACHLANDER, verifies that the statements made in the above Petition are true and correcto Plaintiff understands that false statements herein are made subject to the penalties of 18 Pao C, S. 94904 relating to unsworn falsification to authoritieso .._~ ,\:-~.. . ". '.. ~ . '.' ~:~~,,j,,:{:s,,'.:\ ',' ~,,' .,g," .,_~ '-. : ,ltJ\~:!..;c.,j,;,~;.,,~~;"~ ,. ,.' : ~;";;~~l'~;i~.{,ii~I:M'{~-'M,!it~~',~i"'~~'.~i .'"" -b\-;'i~li!V',~: _. ..~'_l:'~ , \ j , - . ... -1 . ..~- .~~ r<r_~-~'" _"""".~...,.,......___......________~__ - P-<. ~ 'Is.SD{J11 J.,S. @ q :\' ~...' " '. 'j .' o -< ~ Rc.c... q;.2.2.. . " .. ..~ . , . .''''~;''< - ...~......- , ~ ..i' i '. i-' I I ~. I . I In I. . i i I I ' I I I. II I t~ SHERIFF'S RETURN COolMONWEAL'lH OF PENNSYLVANIA: COUNTY OF CLMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2392 Civil Term Temporary Protective Order Protection From Ahuse Notice and petition for Protective Order Cheryl Hoachlander VS Scott Hoachlander Robert L. Fink , ~UO(XXDeputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Temoorarv Protective Order Protection From Abuse Notice and Petition for Protective Order upon Scott Hoachlander , the defendant, at 4: 55 o'clock P .M. ~/ EDST, on the 05 day of , 19~at May 2124 Newville Road. Carlisle , Cunberland County, Pennsylvania, by handing to Scot t Hoachlander a true and attested copy of the Temporary Protective Order Protection From Abuse, Notice and Petition for Protective Order and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: 14.00 3.36 ?'-~-~~ ~~ R. Thomas Kline;r~ff 2.00 19.36 Pd. by Atty. 5-06-94 by .~d~ Deputy Sheriff Sworn and subscribed to before Ire this II r;. day of "'&':.1-- 19-2.Y'_ A.D. '., 1')" ~ (. )It,,G__ ,.^-fp-., Prothonotary !.:. ',; <~::;~{ i . .,-"t> ._ ~::;.:}v.'i~"~ ;,21!J ~ ,.-, .'.., .( .-...._;.., . ,t ~-;-", "': ,~,. . . , ,....,'- ~ '.'.,' , .- , ';". , .. , , "'. l' ~" . . I ; r \ - f , . - " .( ...~, . ,:1 }.,1 .'~ . \ , I I CHERYL HOACHLANDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-2392 CIVIL TERM SCOTT HOACHLANDER, Defendant PROTECTION FROM ABUSE AND NOW, this ORDER FOR CONTINUANCE II-uJ day of May, 1994, upon consideration of the attached Motion for continuance, the hearing scheduled for May 11, 1994, at 2:00 p.m. in Courtroom No.4, is continued until May 19~, 1994, at 9: 30 A .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 and Pennsylvania State Police Departments by the attorneys for the plaintiff. By the court, /ld- Hess, J. j .~ '.', . . ~61 H\ 1.0 ~I 11 ):k '.~-"".. ...''-"''"-, CHERYL HOACHLANDER, . IN THE COURT OF COMMON PLEAS OF . plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. NO. 94-2392 CIVIL TERM . . SCOTT HOACHLANDER, Defendant . . PROTECTION FROM ABUSE 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 5th day of May, 1994, scheduling a hearing for the 11th day of May, 1994, at 2:00 p.m. 2. After the defendant was served with the Temporary protective Order, the office of the defendant's attorney informed Legal Services, Inc. that the attorney representing the defendant was hospitalized and they requested a continuance. 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 East pennsboro and Camp Hill Police Departments 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. --.J ~(~ J n Carey i, ttorney for Plai tiff LEGAL SERVICES, INC. a Irvine Row Carlisle PA 17013 (717) 243-9400 I_~" . . , CHERYL HOACHLANDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SCOTT HOACHLANDER, Defendant NO. 94-2392 CIVIL TERM PROTECTION FROM ABUSE IN RE: PROTECTIVE ORDER ORDER OF COURT AND NOW, this 19th day of May, 1994, on agreement of the parties as announced in open court and in their presence, the defendant, Scott Hoach1ander, is hereby enjoined from physically abusing the plaintiff, Cheryl Hoachlander, or placing her in fear of abuse. The defendant is ordered to refrain from harassing or stalking the plaintiff and from harassing the plaintiff's relatives. The Pennsylvania State Police will be provided with a copy of this order by the attorney for the plaintiff. This order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant for probable cause if this order has been violated whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section the defendant shall not be taken to jail but shall be taken without unnecessary delay before the Court who issued the order. When that Court is unavailable the defendant shall be arraigned before a district justice who shall set bail according 116. ;: ~-, I . ..... to the provisions of Chapter 4,000 of the Pennsylvania Rules of Criminal Procedure. .' .. i t' By the Court, KevtY-~e1s,+ Joan Carey, Esquire - /,,~ P '...1 -P.J'~ u{ "".' 0'-'''[ 5/.>1 'f /?( Por Plaintiff .. '/ David R. Breschi, Esquire Por Defendant mal -::r <:T') -- ~ ~'i_ '..') <~'-l ":'-J Ii>- W...J 5 0 Z...J ~ Cl ::> ~ ;; ~ <l: I- g ~ w ~ ~ a1l ~ .. . cj Lu ~ ~ a: " ~ :.: J: Gl III Uu> ~ Ii Za: ~ a: N ~ <l:w N Z ~ J: WE 00 HEREBy CfATIFY THAT THE WITHIN IS A TAUE AND COA. AECT COpy OF THE ORIOINAL FlUe IN THIS ACTKlN IV LAW OJI'L1~; ~~-.ui(-""N.. o.o'liin-'b-'~f .. """fI'.. lI(sro..u 1(1 h.( 1IOCl00000 .,1<,..... ",",,,,. l1C, r...~ ..."... !!.I1I,lel Mf "'Of ,)fl .. "'(~;"I"I ......,fIt P.l0l(C.(I"J"~' "_'" .. < MANCKE. WAGNER. HERSHEY & TULLY "nDANEY , ... ~ ~ .., _01(' ," " , . SCOTT HOACHLANDER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 94-2392 CIVIL CHERYL HOACHLANDER, Defendant . . CIVIL ACTION - LAW IN CUSTODY CERTIFICATB OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirement of the Pennsylvania Rules of Civil Procedure, by depositing same in the United States Mail, HarriSburg, Pennsylvania, with first class postage prepaid, addressed as follows: Cheryl Hoachlander 114 South Arch Street Mechanicsburg, PA 17055 Legal Services, Inc. a Irvine Row CarliSle, PA 17013 DATE: June 6, 1994 MANCKE, WAGNER, HERSHEY & TULLY -;)/1/' / >-- /:'. By " DAVID R. BRESCHI, ESQUIRE Attorney ID # 59001 2233 North Front Street Harrisburg, PA 17110 717/234-7051 Attorneys for Plaintiff