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HomeMy WebLinkAbout94-06301 .,.', " '" , , " . , I,"i " JI ';:t " ;, "I . '1'1 'I' " " 'f, .:' , , '" ,I ,!' Ii ;1 I" I, J" .. .J " n "'I .il, " , " I' .. , ., 'II, I' ", I, I, " tl,," ,I I, I' I" ,II, //. !~I , , /, ", , ,I " " , , 'j ,I ~ I- j , , , ;1,,1 ""'I /'.' . , /., " - ~ ~ " (f I, I v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94- U 30 I CIVIL TERM PROTECTION FROM ABUSE PATRICIA A. HUGNEY, Plaintiff PAUL M. HUGNEY, Defendant AND NOW, thi day of November, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Patricia A. Hugney, now residing at 437 North College Street, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Paul M, Hugney, the following Temporary Order is entered , The defendant, Paul M, Hugney, currently a patient at the Lebanon V A Hospital's Alcohol Rehabilitation Center, Lebanon, Lebanon County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Patricia A. Hugney, or placing her in fear of abuse, The defendant is excluded from the plaintiff's residence located at 457 North College Street, Carlisle, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff, The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's family, The defendant is enjoined from entering the plaintiff's school and parking lot at Harrisburg Area Community College, or the schools or the day care facility of the minor children, The defendant is enjoined from removina, damqina. destroyina or sellina any property owned jointly by the parties or owned solely by the plaintiff. The defendant Is hereby notlned thlt II he resides In the plaintiff's domJclle contrary to this Order, he may be In Indirect criminal contempt which Is punlshlble by I nne not to exceed $..000.00 Ind/or by I sentence of up to six months In Jail Ind Iny other Ipproprlate punishment. Resumption of co-residence on the pan of the plaintiff and defendant shill not nullify the provisions of the coun order dlrectlnl the defendant to refrain from abuslnl the plaintiff. This Order shall remain in effect until a final order is entered in this case. A hearina ;a.. . shall be held on this matter on the L day of November, 1994, at ~,m.. in Courtroom No.3, Cumberland County Courthouse, Carlisle, Pennsylvania, The plaintiff may proceed Jo fonna l)Iluperls pendina a furth,r order after the hearina. The Cumberland County Sherifrs Depanment shall attempt to make service at the plaintifrs request, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service, The Prothonotary shall not send a copy of this Order to the defendant by mail. The Carlisle Police Department will be provided with a certified copy of this Order by the plaintifrs attorney, This Order shall be enforced by any law enforcement aaency 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 , , liken without unnecessary delay before the court that issued the order, When that court I. unavlilable, the defendant shall be taken before the appropriate district justice, (23 P,S, 16113), By the Court, PATRICIA A, HUONEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94- CIVIL TERM PAUL M. HUONEY, Defendant PROTECTION FROM ABUSE 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 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OmCE 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) 24().6200 v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94. U 30 I CIVIL TERM PROTECTION FROM ABUSE PATRICIA A, HUGNEY, Plaintiff PAUL M. HUGNEY, Defendant PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 P.S. I 6101 et seq. A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 4~7 North College Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is an adult individual currently a patient at the Lebanon V A Hospital's Alcohol Rehabilitation Center, Lebanon, Lebanon County, Pennsylvania, 17042. 3. The defendant is the husband of the plaintiff. 4. Since approximately April, 1993, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff and by physical menace has placed the plaintiff in fear of imminent serious bodily injury, This has included but is not Ilmited to the following specific instances of abuse: a. On or about October 26, 1994, the defendant pulled on the emergency brake while the plaintiff was driving her car causing the vehicle to stop abruptly causing the plaintiff to fear for her safety. The defendant tried to remove the keys from the ignition and then grabbed the plaintiffs arm to take the keys from her. but the plaintiff was able to get out of the car and away from the defendant. During this incident the defendant took the plaintiffs school books she uses for her college courses at Harrisburg Area Community College (HACC). See attached Exhibit A incorporated by reference. b. On or about October 14, 1994, the defendant waited for the plaintiff near her car in the parking lot of her school (HACC), yelled at her, threatened to vandalize her vehicle, grabbed her by her shoulders and restrained her, bent her arm behind her causing her to drop her car keys and drove away in her car. The HACC se.:urity guards stopped the defendant, told him to leave the plaintifrs car and to leave the premises, c. In or about late March, 1994, the defendant broke down the neighbor's door when the plaintiff refused to come out, entered the house, grabbed her by her neck and lifted her into the air, The defendant was arraigned before District Justice Correal in March, 1994, and is scheduled for trial on the charges in November, 1994, d. In or about mid-March, 1994, the defendant picked the plaintiff up in a bear hug hold, threw her onto the clothes dryer and then threw her onto the couch. e, In or about April, 1993, the defendant punched the plaintiff about her head, pulled her up several stairs by her hair, choked her in a head lock hold with such force that she almost lost consciousness, and threatened to kill her. The plaintiff tried to leave the house severaitimes, but the defendant draued her back inside. The neighbors telephoned the Carlisle Police Department and the defendant was arrested for resisting arrest. The plaintiff sustained bruises on her face, soreness about her head and a laceration on her ear as a result of this Incident. 6. On October 26, 1994, the plaintiff and her 4 minor children left their residence It 457 North College Street, Carlisle, Cumberland County, Pennsylvania. in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in Immediate and present danger of abuse from the defendant without the defendant's exclusion from the residence and that she is in need of protection from such abuse. 8. The plaintiff desires that the defendant be enjoined from harassing and stalkin, the plaintiff, and from harassing the plaintiffs minor children. 9. The plaintiff desires that the defendant be restrained from entering her school including the parking lot at Harrisburg Area Community College, or the schools and day care facility of her minor children. 10. The plaintiff desires that the defendant be enjoined from removing, damaain" destroying or selling any property owned joinlly by the parties or owned solely by the plaintiff. J. EXCLUSIVE POSSESSION 12. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the name of Patricia A. Hugney. The defendant is cumnlly a patient at the Lebanon VA Hospital's Alcohol Rehabilitatioll Treatment Center and was residin, with a friend prior to admitting himself to the V A Hospital. 13. The plaintiff desires possession of the apartment so as to ,ive the ,reatest de,ree of continuity to the lives of her children and to allow them to continue their education at their schools and to continue their school and social activities. C. I.nSSES 14. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 15. The plaintiff asks for attorney's fees for Legal Services, Inc., and filin, and service fees of this lawsuit pursuant 10 the Protection from Abuse Act. D. STATUS TO PROCE~ IN FORMA PAUPf:RIS 16. The plaintiff is a full time student at Harrisburg Area Community Colle,e and is CUrrClnlly unemployed. The plaintiff receives approximately $400 per month from the Department of Public Welfare. 17. The plaintiff does not have funds available to pay the fees for filing and service of this lawsuit. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. . 6101 C1 ~., 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. Ordering the defendant to refrain from abusing the plaintiff and/or placin, her in fear of abuse; 2. Ordering the defendant to refrain from harassinll and stalkin, the plaintiff and from harassing the plaintiffs minor children; 3. Prohibiting the defendant from entering the plaintiffs school includinll the parking lot at Harrisburg Area Community College, or the schools or the day care facility of the plaintiff's minor children; 4. Prohibiting the defendant from removing. damaaing, destroyin, or sellin, property jointly owned by the parties or owned solely by the plaintiff; 5. Granting possession of the apartment located at 457 North COlle,e Street, Carlisle, Cumberland County, Pennsylvania, 10 the plaintiff to the exclusion of the defendant pending a final order in this maller, and 6. Ordering the defendant to Slay 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 10 be in effect for a period of one year: I. Ordering the defendant to refrain from abusing the plaintiff and/or placing her in fear of abu3e. 2. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiffs minor children. 3. Prohibiting the defendant from entering the plaintiff's school including the parking lot at Harrisburg Area Community Collelle, or the schools or the day care facility of the plaintiffs minor children. 4. Prohibiting the defendant from removing, damaging, destroyin, or sellin, property jointly owned by the parties or owned solely by the plaintiff. 5. Granting possession of the apartment located at 457 North Colle,e Street, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 6. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 7. Ordering the defendant to reimburse the plaintiffs 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. 8. Ordering the defendant to pay all costs of filinll and service of this lawsuit and attorney's fees to Legal Services, Inc. The plaintiff further asks that this Petition be tiled and served without payment of costs, pendinl a further order at the hearing, and that a certified copy of this Petition and Ordllr be delivered 10 the Carlisle Police Department who have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-nllllCld plaint Iff, Patricia A. HUB/1ey, verifies that the statellents ude In the above Petition are true and correct. The plaintiff understands that false stateBents herein are ~e subject to the penalties of 18 Pa, C.S. 14904 relating to unsworn falsification to authorities. Date:...11JOlJ ql.J. ~-~...~C1.'i::k,~ Patricia A. Hugney, Plalntl f PATRICIA A. HUONEY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL M. HUGNEY, Defendant NO. 94- CIVIL TERM PROTECTION FROM ABUSE OUT-OF. POCKET LOSSES The plaintiff requests that the defendant reimburse her out-of-pocket losses, includin, but not limited to the following amount or return the backpack and its contents as listed below in IGOd condition: Black leather backpack with college COurse book$ including, but not limited to, notes, calculators, pens, pencils, class notes and notebooks. $300.00 Illlllblt A , , j .at. ;... ~ - ;;-~ ~ ,- 3 ~Ij, :: ...~ ,.." :ol"""C'.' r' "" \,:,,;:.(,,"'. :..-" ~ <:0' ('.1!. ., 0- ,. c, l,.: "" .r. '::t" '. r. H .. :' ~ . .'. .:;...i , ' . . ... ~' . . PATRICIA A. HUQNEY, Plaint Iff IN THE COURT OF cot.MlN PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 94-6301 CIVIL TERM PAUL M. HOONEY, Defendant PROTECTION FROM ABUSE KYl'IOO fOR <Drl'INUANCE The plaint Iff IIOves the Court for an Order cont inulng generally the hearlnl In the above-captioned case on the grounds that: I. A Temporary Protection Order was entered by this Court on November 3, 1994, scheduling a hearing for Thursday, November 10, 1994, at 3:00 p.m. 2. The Cumber land county Sher Iff's Department deput \zed the Lebanon County Sheriff's Department to serve the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order. As of November 9, 1994, the defendant had not been served. 3. The plaint I ff requests that this mat ter be cont inued generally pendlnl service of the Temporary Protection Order and Petition for Protection Order on the defendant. 4. The plaintiff requests that the Temporary Protection Order remain In effect pending further order of court. 5. A certified copy of the Order for Continuance will be delivered to the Carlisle Police Department by the attorney for the plaintiff. WHEREFORE, the plaint iff requests that the COUl't grant the Mot Ion to continue this matter generally and that the Temporary Protection Order re..in in I Plaintiff ,;.1 '. . , .. .,. . -rrect unt II rurther Order or court. ReapectfullY sublltted, I;~ /, ," L8lAL SDVICIlS, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 I,'-! ",! ~j"l/ ' " , [';' " q '\r" I ,I ,"" ~I.' , ~'. .',' 1[1,,'>1 tI ~ I. " jj, ".", I ,j, '" ' I, , nI" 1'\.' , ',I', PATRICIA A. HtXWEY, Plaint Iff IN 11IE COURT Of ~ PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V$. NO. 94-630t CIVIL TERM PAUL M. HOONEY, . Defendant PROTECTION fROM ABUSE fRAEC I Pll TO Wl1llllllAW ACl'I <>>f The Dlalntlff In the above-caPtioned ~ase reQ~$ts that the TeaPOrarv Protection Order entered on Novem!lli-3. 1994. be l!.ilM,[J!Wfi, the Order vacaJed. IfId that no further leaal act ion be pur$ued bv counsel"--__ To Lawrence E. Welker Prothonotary Nove.ber _' 1994 -,J~ ( Joan Carey, Attorney for lnt Iff LHlAL SERVICES, INC. 8 Irvine Row Carli$le, PA 17013 (7 I 7) 243-9400 No. 94-6301 CIVIL TI!IlM PATRICIA A. HUGHEY, Plaint iff VS. PAUL M. HUGNEY, Defendant PRAECIPE Filed Nove.ber 16, 1994 Joan Carey, Attorney for Plaintiff LI:'JlAL SERVI CE8 , INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 .,0 III Cl"" . x..J -.. ~;'JJ":\" ',fl .,., ~I..,I""I':: '~l': '~' .', ~I-~,' W _..r 'i...J . o:t:'" ... l.;.,o~ -.. .~ ~. 7 <') ";:~t"ll"1 ~ J.:I~ .. ....'" .....: "-<I :II; patricia A. Hugney -va- Paul A. HU9ney In the Court of Common Pleae of cumberland county, penneylvania No. 94-6301 Civil Term Temporary Protection Order and continuance Order R. Thomas Kline, Sheriff who being duly sworn according to law, eaye thie Temporary protection Order and Continuance Order ie returned with no action taken per inetructions from Legal services. Petition To with Draw is hereto attached. Sheriff's Costs Docketing Out of county Surcharge 14.00 5.00 2.00 Sworn and Subscribed To Before Me This ~ti!!:' Day of 7l6w-L , 1994, A.D.Q-r,-,O. "'r..ii.L~ ..Jf1f' prothon~tary PATRICIA A. HUONEY, Plaintiff IN 11IE COURT OF COtotolON PLEAS OF CUMBERLAND COUNl'Y, PENNSYLVANIA vs. NO. 94-6301 CIVIL TERM PAUL M. HUONEY, Defendant PROTECTION FROM ABUSE ~PB TO WI't1IIlRAW ACTI<>>I The Dlalntiff In the above-caDtloned case reQuests that the TemDOrarv Protection Order entered on November 3. 1994, be wlthdr~wn. the Order vacated. and that no further leaal act Ion be Dursued bv counsel. t J' To Lawrence E. Welker Novellber -'12-, 1994 Prothonotary t' J f " '! , '\ ( LmAL SERVICES. INC. 8 Irvine Row Carlisle. PA 17013 (717) 243-9400 TRUE copy FROM RECOR~ whereof I here uMO set mt In Testimony Id COIirt at carlltll, PI. .,~."'...." ~ -. ,,,",- Thill It.-. J;t...s..e~ ot ':5' -: , . Prot . . PATRICIA A. HUQNEY, Plaintiff IN 11fE COURT OF cnt<<lN PLEAS OF v. CUMBERLAND COUNTY. PENNSYLVANIA NO. 94-6301 CIVIL TERM PAUL M. !lOONEY, Defendant PROTECTION FROM ABUSE K71'ION FOR CXM'INUANCE The plaint I ff IIIOves the Court for an Order cont inulng generally the hearina In the above-captioned case on the grounds that: I. A Temporary Protection Order was entered by this Court on November 3, 1994. scheduling a hearing for Thursday, November 10, 1994, at 3:00 p.m. 2. The CUmberland County Sheriff's Department deputized the Lebanon County Sheriff's Depsrtment to serve the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order. As of November 9, 1994, the defendant had not been served. 3. The plaint iff requests that this maUer be cont Inued generally pending service of the Temporary Protection Order and Petition for Protection Order on the defendant. 4. The plaintiff requests that the Temporary Protection Order remain in effect pending further order of court. S. A certified copy of the Order for Continuance will be delivered to the Carlisle Police Department by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant the IIIotion to continue this matter generally and that the Temporary Protection Order remain in ", effect until further Order of COurt. Respectfully sublltted, ~-^J ~,Attorney r Plaintiff LfXlAL SERVICES, INC. B Irvine Row carlisle, PA 17013 ( 717) 243-9400 CI'," " NiJ'l I 'j ,\ '1'1 ....' I ',', I r y .' v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94- ~ j() I CIVIL TERM PROTECTION FROM ABUSE PATRICIA A. HUGHEY, Plaintiff PAUL M. HUGHEY, Defendant TEMPORARY PROTECTION OJlDER AND NOW, this ?!rd day of November, 1994, upon presentation and consideration of Ihe within Petition, and upon findinathat the plaintiff, Patricia A. HUlney, now residin, at 457 North College Street, Carlisle, Cumberland County, Pennsylvania, is in immediate and present dan,er of abuse from the defendant, Paul M. HUlney, the following Temporary Order is entered. The defendant, Paul M. HUlney, currently a patient at the Lebanon VA Hospital's Alcohol Rehabilitation Center, Lebanon, Lebanon County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Patricia A. Hugney, or p1acinl her in fear of abuse. The defendant is excluded from the plaintifrs residence located at 457 North Collele Street, Carlisle, Cumberland County. Pennsylvania, a residence which is leased solely by the plaintiff. The defendant is enjoined from harassinll and stalking the plaintiff and from harassinl the plaintiffs family. The defendant is enjoined from enterinll the plaintiff's school and parkin, 101 at Harrisburg Area Community College, or the schools or the day care fKility of the minor children. . The defendant is enjoined from removing, clamqlnl, desltoyin, or sellinl any property owned jointly by the parties or owned solely by the plaintiff. The defendant Is bereby notlned tbat II be resides In tbe plalnturs dom.lcUe contrary to tbls Order, be may be In indirect criminal contempt whlcb Is PU.able by a fine not to exceed SI,OOO.OO anel/or by a Hntence 01 up to six months In JaU and I'.DY other appropriate punishment. Resumption or cc.-nsldenee on tbe pan or the plalntlrr and clerendant shan not DUwry tbe provisions or tbe coun order dlrectlnl tbe dereadaat to refrain from abuslq tbe plalntlrr. This Order shall remain in effect until a final order is entered in this case. A hearinl shall be held on this matter on the IOlhday of November, 1994, at .1'. DCf\m., in Courtroom No;3 , Curnberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed 10 ronna DIluoem pendin, a further order after the hearin,. The Cumberland County Sherifrs Department shall attempt to make service at the plaintifrs request, but service may be accomplished under any applicable role of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Carlisle Police Department will be provided with a certified copy of this Order by the plaintiffs attorney. This Order shall be enforced by any law enforcement aaency where a violation occun by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is comrnitted 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 P.S. . 6113). By the Court, ~S/ Ganc:~y. ((~ )-bw<" ( Judie " , " , TRUE COPY FROM RECORD In10 ,1DftII ......, I WllIICOea ~ 1fff,.\lIlId .. till .... at uId CoIn at ,,-, . 1\11& f" dol, \ ot ~~:: ,~~~~t; .....:.,.\... f' ': ',,", i . ~ her college courses at Harrisburg Area Community College (HACC). See attached Exhibit A incorporated by reference. b. On or about October 14, 1994, the defendant waited for the plaintiff near her car in the parking lot of her school (HACC), yelled at her, threatened 10 vandalize her vehicle, grabbed her by her shoulders and restrained her, bent her arm behind her causing her to drop her car keys and drove away in her car. The HACC security guards stopped the defendant, IOld him to leave the plaintiff scar and to leave the premises. c. In or about late March, 1994, the defendant broke down the nei,hbor's door when the plaintiff refused 10 come out, entered the house, ,rabbed her by her neck and lifted her into the air. The defendant was arraigned before District Justice Correal in March, 1994, and is scheduled for trial on the charges in November, 1994. d. In or about mid-March, 1994, the defendant picked the plaintiff up in a bear hug hold, threw her onto the clothes dryer and then threw her onto the couch. e. In or about April, 1993, the defendant punched the plaintiff about her head. pulled her up several stairs by her hair, choked her in a head lock hold with such force that she almost lost consciousness, and threatened to kill her. The plaintiff tried to leave the house several times, butlhe defendant dragged her back inside. The neighbors telephoned the Carlisle Police Department and the defendant was arrested for resisting arrest. The plaintiff sustained bruises on her face, soreness about her head and a laceration on her ear as a result of this incident. 6. On October 26, 1994, the plaintiff and her 4 minor children left their residence It 457 North College Street, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in irnmediate and present danger of abuse from the defendant without the defendant's exclusion from the residence and that she is in need of protection from such abuse. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiffs minor children. 9. The plaintiff desires that the defendant be restrained frorn entering her school including the parking lot at Harrisburg Area Community College, or the schools and day care facility of her minor children. 10. The plaintiff desires that the defendant be enjoined from removing, darnaain" destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B. EXCLUSIVE POSSESSION 12. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the name of Patricia A. Hugney. The defendant is currently a patient at the Lebanon VA Hospital's Alcohol Rehabilitation Treatment Center and was residing with a friend prior to admitting himself to the V A Hospital. 13. The plaintiff desires possession of the apartment so as to give the greatest de,ree of continuity to the lives of her children and to allow them to continue their education at their schools and to continue their school and social activities. C. LOSSES 14. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 15. The plaintiff asks for attorney's fees for Lela! Services, Inc., and nlln, and service fees of this lawsuit pursuant 10 the Protection from Abuse Act. D. STATUS TO PROCEED IN FORMA PAUPERIS 16. The plaintiff is a full time student at Harrisburl Area Community Colle.e and Is currently unemployed. The plaintiff receives approximately $400 per month (rom the Department of Public Welfare. 17. The plaintiff does not have funds available to pay the fees for nllng and service of this lawsuit. WHEREFORE, pursuant to the provisions of the" Protection from Abuse Act" of October 7, 1976, 23 P.S. . 6101 GI~., as amended, the plaintiff prays this Honorable Court to lrant the following relief: A. Grant a Temporary Order pursuant 10 the .Protection from Abuse Act" 1. Ordering the defendant to refrain from abusinlthe plaintiff and/or placing her in fear of abuse; 2. Ordering the defendant to refrain from harusln. and ltalldn. the plaintiff and from harassinlthe plaintiffs minor children; 3. Prohibiting the defendant from enterin. the plalnUfrs S(hool includin,the parkinll 101 at Harrisbur, Area Community collele, or the schools or the day care facilily of the plalnllffs minor children; 4. Prohibiting the defendant from removin" darnaging, destroyin, or sellina property joinlly owned by the parties or owned solely by the plaintiff; 5. Granting possession of the apartment located at 457 North College Street, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter, and 6. Ordering the defendant to stay away from any residence the plaintiff may ill 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. Orderinllthe defendant to refrain from abusing the plaintiff and/or placing her in fear of abuse. 2. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiffs minor children. 3. Prohibiting the defendant from entering the plaintiffs school including the parking lot at Harrisburg Area Community College, or the schools or the day care facility of the plaintiffs minor children. 4. Prohibiting the defendant from removing, damqing, destroyina or selling property jointly owned by the parties or owned solely by the plaintiff. 5. Granting possession of the apartmentlo.:ated at 457 North colleae Street, Carlisle, Cumberland County, Pennsylvania. to the plaintiff to the exclusion of the defendant. 6. Ordering the defendant 10 stay away from any residence Ihe pl4intiff may in the future establish for herself. 7. Ordering the defendant to reimburse the plaintiff's out-of.pocket losses suffered as a result of the abuse includin, but not Urelted to the losses listed on the attached sheet marked Exhibit A. 8. Ordering the defendant to pay all cosls of nUn_ and service of this lawsuit and attorney's fees to Leaal Services, Inc. The plaintiff further asks that this Petition be filed and served without llIyment of COlts, pending a further order at the hearing, and that a certified copy of this Petition and Order bel delivered 10 the Carlisle Police Departrnent who have jurisdiction 10 enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, '" LEGAL SERVICES, INC. . Irvine Row Carlisle, PIt 17013 (717) 243.9400 " The above-nlUlled plaintiff, Patricia A. Hugney, verifies that the statelMnts ~de 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. ! 4904 relating to unsworn falsification to authorities. Date: I kJov <14 GtLtU:O:~(i .'i:LLLrtt'LLtf Patricia A. Hugney, Plaintl f r " f[,,! II d, ., " . The defendant is enjoined from removing, damqinJ, destroyin, or sellinl any property owned jointly by the parties or owned solely by the plaintiff. The cIeIendant Is bereby notlnecl tbat II be resides In tbe plalnt1ff'1 domicile contrary to this Order, be may be In indirect criminal contempt wbleb Is punllbable by a fine not to exceed $1,000.00 Incl/or by . sentence or up to six months In JaU and any otber appropriate punishment. Resumption or co-residence on tbe part or the plaintiff and defendant shall not nuUlry tbe provlsloll5 or tbe court order direct.... tbe derendant to remain rrom abuslnl tbe plaintiff. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the IOlhday of November, 1994, at 3,00 P.m., in Courtroom No. 3, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed ID lm:ma pauperis pendinl a further order after the hearin,. The Cumberland County Sheriffs Department shall attempt to make service at the plaintifrs request, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order 10 the defendant by mail. The Carlisle Police Department will be provided with a certified copy of this Order by the plaintifrs allorney. This Order shall be enforced by any law enforcementacency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated. whether or not the violation is committed in the presence of the police officer. In the event that an arre~t is made under this section, the defendant shall be ~ . taken without unnecessary delay before the court that issued the order. When that court Is unavailable, the defendant shall be taken before the appropriate districtjuslice. (23 P,$.'6113). By the Court, N b f'O~'1 c'~ )/er(fc, ( . Judie . , I TAUE COPY FROM RECORD In 111l1mc111r wllnoI. 11lIr.1IIlIO III mv IIInd IIld till ... If said Cojtr. ,Clrl.., PI. lllll '"/." day of IV~~ ~q4 l~o rl i) .. !'1 .V\~, "~Ill.noIiI" PATRICIA A. HUGNEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PAUL M. HUGNEY, Defendant NO. 94. CIVIL TERM PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend qainst the claims set forth in the followina 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 presenlin,to the Court your defenses or objections to the claims set forth aaainst you. You are warned that if you fail to do so the Court may proceed without you, and a judament may be entered aaainst 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 ri,hts important to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE mE omCE SET FORTH BEWW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 PATRICIA A. HUGNEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94- CIVIL TERM PAUL M. HUGNEY, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 13 P.S. I 6101 et seq. A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 457 North Colle,e Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is an adult individual currently a patient at the Lebanon V A Hospital's Alcohol Rehabilitation Center, Lebanon, Lebanon County, Pennsylvania, 17042. 3. The defendant is the husband of the plaintiff. 4. Since approximately April, 1993, the defendant has attempted to cause and has Intentionally, knowinllly, or recklessly caused bodily injury to the plaintiff and by physical menace has placed tbe 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 October 26, 1994, the defendant pulled on the emer,ency brake while the plaintiff was drivin, her car callsinllthe vehicle to stop abrupdy causing the plaintiff to fear for her safety. The defendant tried to remove the keys from the ignition and then grabbed tbe plaintiffs arm to take the keys from her, but the plaintiff was able to get out of the car and away from the defendant. Durinllthis incident the defendant took the plaintiffs school books she uses for ;~ ." I', I her college courses at Harrisburl Area Community Co\1e,e (HAeC). See attached Exhibit A incorporated by reference. b. On or about October 14, 1994, the defendant waited for the plaintiff near her car in the parking lot of her school (HACC), ye\1ed at her, thrutened to vandalize her vehicle, grabbed her by her shoulders and restrained her, bent her arm behind her causing her to drop her car keys and drove away in her car. The HACC security guards SlOpped the defendant, IOld him to leave the plaintiffs car and to leave the premises. c. In or about late March, 1994, the defendant broke down the neighbor's door when the plaintiff refused 10 come out, entered the house, ,rabbed her by her neck and lifted her into the air. The defendant was arraigned before District Justice Correal in March, 1994, and is scheduled for trial on the charles in November, 1994. d. In or about mid-March, 1994, the defendant picked the plaintiff up in a bear hug hold, threw her onto the clothes dryer and then threw her onto the couch. e. In or about April, 1993, the defendant punched the plaintiff about her head, pulled her up several stairs by her hair, choked her in a head lock hold with such force thaI she almost lost consciousness, and threatened to ki\1 her. The plainlifftried to leave the house several times, but the defendant dragaed her back inside. The neighbors telephoned the Carlisle Police Department and the defendant was arrested for resisting arrest. The plaintiff sustained bruises on her face, soreness about her head and a laceration on her ear as a result of this incident. 6. On October 26, 1994, the plaintiff and her 4 minor children left their residence at 457 North College Street, Carlisle, Cumberland County, Pennsylvania, in order 10 avoid further abUlIC. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant without the defendant's exclusion from the residence and that she is in need of protection from such abuse. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassinllthe plaintiffs minor children. 9. The plaintiff desires that the defendant be restrained from entering her school including the parking lot at Harrisburg Area Community Co1\ege, or the schools and day care facility of her minor children. 10. The plaintiff desires that the defendant be enjoined from removing, damaain" destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B. EXCLUSIVE POSSESSION 12. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the name of Patricia A. Hugney. The defendant is currently a patient at the Lebanon VA Hospital's Alcohol Rehabilitation Treatment Center and was residing with a friend prior to admitting himself to the V A Hospital. 13. The plaintiff desires possession of the apartment so as to give the greatest de,ree of COlltinuity to the lives of her children and to allow them to continue their education at tlM:ir schools and to continue their school and social activities. C. LOSSES 14. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 15. The plaintiff asks for atlOmey's fees for Lep Services, Inc., and flUn, and service fees of this lawsuit pursuant 10 the Protection from Abuse Act. D. STATUS TO PROCEED IN FORMA PAUPF.RIS 16. The plaintiff is a full time student at Harrisburg Area Community Colleae and is currently unemployed. The plaintiff receives approximately $400 per month from the Department of Public Welfare. 17. The plaintiff does not have funds available to pay the fees for filin, and service of this lawsuit. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. . 6101 aKll., as amended, the plaintiff prays this Honorable Court to lrant the followin, relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Orderinllthe defendant to refrain from abusin,the plaintiff and/or placinl her in fear of abuse; 2. Orderin,the defendant to refrain from harassing and stalkin, the plaintiff and from harassinlthe plaintiffs minor children; 3. Prohibiting the defendant from entering the plaintiffs school inc1udinllthe parking lot at Harrisburll Area Community Collele, or the schools or the day care facility of the plaintiffs minor children: 4. Prohibiting the defendant from removing. darnaain" destroyinl or selling property jointly owned by the parties or owned solely by the plaintiff; 5. Grantinll possession of the apartment located at 457 North College Street, Carlisle, Cumberland County. Pennsylvania, to the plaintiff 10 the exclusion of the defendant pending a final order in this matter, and 6. Orderinll the defendant 10 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. Orderinllthe defendant to refrain from abusing the plaintiff and/or placing her in fear of abuse. 2. Ordering the defendant to refrain from harassin, and stalkin, the plaintiff and from harassing the plaintiffs minor children. 3. Prohibiting the defendant from entering the plaintiffs school including the parking lot at Harrisburg Area Community College, or the schools or the day care facility of the plainti~rs minor children. 4. Prohibiting the defendant from removinll, damaginl, destroyin, or selling propeny jointly owned by the parties or owned solely by the plaintiff. The above-naaed plaint Iff, Pat ri c:ia A. HUB/1ey, verifies that the state.nts aide In the above Petition are true and correct. The plaintiff understands that false state.nts herein are aide sUbject to the penalties of 18 Pa, C.S. I 4904 relatlna to unsworn falsification to authorities. Dete: I JJ(h) q4 GtLt:J~~6. '~L~ Patricia A. HUllley, Plaintl f PATRICIA A. HUGNEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94- CIVIL TERM PAUL M. HUGNBY, Defendant PROTECTION FROM ABUSE OUT-OF.POCKET I.nSSES The plaintiff requests that the defendant reimburse he.' out-of-pocket losses, includin, but not limited to the followin, amount or return the backpack and its contents as listed below In ,ood condition: Black leather backpack with college course books including, but not limited to, notes, calculalOn, pens, pencils, class notes and notebooks. $300.00 ........111.