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HomeMy WebLinkAbout95-01191 .~ ,cfJ - ~ :::r .' ,c.',.. , .. .,('.L, . .,' ,.' . ,', ,., :;, ':;:. ~:<?; . . , ':":; . ,,(',;;'c.... :' '. , ..~.:' '. '. , :". .., . .,....,:.:. .. ","">: :;":.." ';"';C:'. ; .- ..'i,:.: '.::'<.,:,'!: .,:'.< ;".;:.:':< . .. . c/';'.' ., .." .., " ": .,: "i'\,' .; , " \'i: . .' :.'., :,.:::" , ., ,;, ", .:',:;;~,'; , .',.: , (,.':', ' " ~> " ":~,.;~, ::>';. ",..,..:tf:" ....' :",;:g,' ' ,,;: ;~:\'~: r, ,.., ";'{-:;,;j',' :':', .;' ~:; i,;,:: :.:;./:; ';,C: :;":>:,\,::<.',," "!2;!;;';:~;'\;~',,~' , '; , "~'(>:?,::; '5!;,;"':'; :'fi.~ :', t ,.:':~:'{:,::'~);,:":..; i";' ,:.:,:;,.:::.;:,; ..': ,,' /~~i~[~:;".\':::";!,l i'.'; '., ',' .~';'..; ;' ,. ..', ::-F' ,: .<:). .;:;; . ",' ">~ "~'t'~;:' ":, ~::'":\ ,.' ,. " .i,:, ',' ."? : "., c,! ,...."....v:(;':;'.'.II~;.:.;\;. ,,' ',:/{:' ,.:; !:. ,;:",i :::'.: .' ,'i,i.:: ~/:~:f~~'. ".': ::'," , . .., ,." ,. '.".:,:' .\:~~t~!~{~:~ '",;.' . .,' .'.' ..' 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'. . : ;'. :.'" i !,~ !;,.?M ~ I~ J , '; " .l~ 0- - - .'; I L() I. c:r- . . .. . - .; " ,'. .. ;"'. '.' . ".. .:'," ",.. '.I ' ;: ., 1\ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY .~ STATE OF PENNA. Lisa A. Hachigian No. 95-1191 VERSUS Kirk J. Hachigian DECREE IN DIVORCE AND NOW, a.., _v ~ 1'" , z.,..os-, IT IS ORDERED AND DECREED THAT Lisa A. Hachigian , PLAINTIFF, AND Kirk J. Hachigian . DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; nfa , By THE COURT: ~ ATT~c~~ J. f ~dPROTHONOTARY . ~ .:;J~ . o,;t ~. .;JtrO.). W.COf1 /II;' a~ -p dJ: /!~ '7b"ku. ,,~.-'at/ -t ~ . , . . . >- U) ~ U' .' .:J ., =1~ ~ N .J.:f! 8~ ;..:.'(~ .- I.... ,.. o.~ ~a . (OJ' .7.' 'n -:;.~ . ~z ~J -1 iD~ " - ,XI ... =i ~ t ~_ "J => () 0:::> CJ HAR 10 IZ 50 PH '95 ur . ,',l c{ :'F F'Cf CIJ~':,;' H. ,-,-j(jN:1AhY ~'~.\ I ! 1)'\ t'(. ," PfN:I\":.~/" ~"lt 3./~ .<)')' ('~ II;~ It ~ De tt.,.,..../ 3 ./0 'B" Ci!'flp /11ttJ1v ~ ?~ 3 'It).~ ttcrfr /.t'~ Jl ...;.'" ~5: a"v(p p , 14. Since her birth, the parties' child has resided with the following persons at the addresses and for the periods of time indicated below: PlaintitT and Defendant 2414 New York Ave. Apt. # I, Camp Hill, PA 6/94 . Present PlaintitT and Defendant 22 West Main Street, Shiremanstown, PA Birth. 6/94 The child was not born out of wedlock. The child is presently in the custody of the PlaintitTand Defendant. The Mother of the child is Lisa A. Hachigian, who resides at 2414 New York Avenue, Apt. # I, Camp Hill, Cumberland County, Pennsylvania 17011. She is married. The Father of the child is Kirk J. Hachigian, who resides at 2414 New York Avenue, Apt. # I, Camp Hill, Cumberland County, Pennsylvania 17011. He is married. IS. The relationship ofPlaintitTto the child is that of Mother. The PlaintitT currently resides with the child. 16. The relationship of Defendant to the child is that of Father. The Defendant currently resides with PlaintitTand child. 17. PlaintitThas not participated as a party in other litigation concerning custody of the child. PlaintitThas no information ofa custody proceeding concerning the child pending in a court of this Commonwealth. PlaintitT does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. The best interest and permanent welfare of the child requires that primary physical custody and legal custody of the child be with the PlaintifTIMother, Lisa A. Hachigian because she is the primary caretaker of the child. WHEREFORE, Plaintiff, Lisa A. Hachigian, respectfully requests that she be awarded primary physical custody, subject to the reasonable supervised visitation by FatherlDefendant, and primary legal custody of the subject children as provided herein. Respectfully Submilled, DeArmond & DeArmond By: Keith B. DeArmon, uire Allorney ID Number S8878 2800 Market Street CampHiII,PA 17011 (717) 730-9394 DATE: 11t(q5 , f ir: Ul ~ ." ..:J ,. ..., N :::! UJ~: '-1:<); i:2;: :r. ~~ -' ~.' a.. ,'~'-j r-)f- ".'>= '{ , ~n :J(fl C." ,~~ L,.:..!" :~{tJ ;:;:lll' -' U.,~ -. ::J,)a... i':" =; -. P. N :5 C~ 0 t.:l USA A, HACHlGlAN, Plaintiff : IN THE COllRT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-1191 KIRK .1. HACHIGIAN, Defendant : CIVIL ACTION . LAW : IN DIVORCE & CUSTODY : ( AFFIDAVIT OF CONSENT UNDER SECTION 330)(C) OF THE DIVORCE CODE I I I. A cornplaint in Divorce under Section 3301 (c) or 3301 (d) oflhe Divorce Code was filed on March 10. 1995. 2. The marriage of pluinlilT and defendunl is irretrievubly broken and ninety days have elapsed from the date of filing the Complaint. 3. I consenlto the entry of final decree of divorce after service of notice of inlention to request entry of decree. 4. I understand lhat I may lose rights concerning alimony. division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. I verity thut the stulements made in this Affidavit arc true and correct. I understand that false slalements herein ar,' !'lade ~lJhj,,'cllt' th~ pe!laltit:s of 1 !l1'~..C.S. 1i .\90,1 relating 10 unsworn falsification to authorities. , DATE1JJ.-O:?, LISA A. HACHlGIAN, Plaintiff : IN THE COlIRT OF COMMON I'LEAS : CUMBERLANll COUNTY,I'ENNSYLVANIA v. : NO. 95-1191 KIRK J. HACHlGlAN, Defendant : CIVIL ACTION. LAW : IN DIVORCE & CUSTOIlY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 330)(c) OF THE DIVORCE C(1!'E I. I eonscnlto the entry of a final deerce in divorce wilhoutnotiee. 2. I understand thaI I may losc my righls concerning alimony. division of property, lawyer's fees or expenses if I do not claim lhem beforc a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately aftcr il is filed with thc prothonolary. I verify lhat lhe stalements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. * 4904 relating to unsworn falsification to authorities. DATE: '-/ -,t.. ;L. - 02- o , A A HACHlGlAN LISA A. HACHlGlAN, Plaintiff : IN THE COURT OF COMMON I'LEAS : CUMBERLAND COUNTY, I'ENNSYLVANIA v. : NO. 95-1191 KIRK J. HACHIGlAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT UNDER SECTION 330)(C) OF THE DlVO~CE CODE 4. A complaint in Divorce under Seclion 3301 (c) or 3301 (d) of the Divorce Code was filed on March 10. 1995. S. The marriage ofplainliffand detcndanl is irrclrievably brokcn and ninely days have elapsed from the date of filing the Complaint. 6. I consent to the enlry of final decree of divorce after service of nolice of intention to request entry of decree. 4. I undersland that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do nol claim them before a divorce is granted. I verilY that the statements made in lhis Affidavit are truc and correct. I understand that false SlulcmCIllS herein ure mude subjeclLU lhc pcnullic. ,,1' l;; Pu.c.s. s 4904 reluling tu ulls\\'orn falsification to aUlhorities. DATE: ~ I'&. - e)- M.4 jt~ KIRK J. HAC1:<<G1AN' >- Cl j::: a; ...... :-~ ,- ~~ ::::>4 c- uI..:'.' "-,.,, C)":::' ~)Z -:.1, - ~ ll.';, a... :)~ ~J;}; , , ~. "t."&:' 6': :IL UJL;~ !J:7 _It., - unO LL.:L' ;:; i:tlQ.. ,_. -. ::~ '1.. N ::J 0 C) U LISA A. HACHlGIAN, Plaintiff : IN TilE COURT OF COMMON I'LEAS : CUMBEI{LAND COUNTY, PENNSYLVANIA v. : NO. 95.1191 KIRK J. HACHlGIAN. Defendant : CIVIL ACTION . LAW : IN III VORCE & CUSTOIlY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A mVORCE DECREE UNllER & 330t(c) OF TilE DtVOIU,F. COJlE I. I consent to the entry of a final decree in divorce without notice. 2. I understand that 1 may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prolhonotary. I verily thaI the stalemenls mude in lhis Affidavit are lrue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. * 4904 relating to unsworn falsification to authorities. DATE: lr:- j& -o~ ~ t? N~~ KIRK J. I. ACHI~N ' ' >- c:, ~ s: t- M :::l~ ulG t")--' "Z L)~-"., :c ..,.::( r,,:'" 0- ;>. ;'.,~'.. (3l5:! ('"' 6'-' - .:','tf) -]--;;1' ule. ri:re IT!.;.: \ - 'il - :L ::::> f!.l \_. -, ... "'" u- N a 0 0 ~ ctl ~ ..:J ,.. e.. i3~ wQ ()4. :c U;a: -=Sj' ..'-.- ...: :~~ '.i." Y'" ". C: M :'iz @rr ('oJ 11. m~ ...-J", C.!l 0:" :;:J . ..~, -= ~ 11. N 0 0 .... co ~ tr. ~ ..:2 wC:1 a. 8~ 0::::':: :r:: .:;.; u:~..' CJ; '- ~lf; 9i ,.., 00- ~5 u.;'J. N ~lL' ~ ~~ eJ_ ~L :::> ,.... oa l5 N 0 LISA A. HACHIGIAN, PlaintitT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , V. No. 'i S-Il'f I CIVIL TERM KIRK 1. HACHIGlAN, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, 'hI, ,,, ~,,"r ~ ' 1995, "p<!" ,"M'''';;'' of the attached Petition of Lisa A. Hachigian, it is hereby Ordered that Petitioner, Lisa A. Hachigian is awarded Exclusive Occupancy of the Marital Residence located at 2414 New York Avenue, Apt. # 1, Camp Hill, Cumberland County, Pennsylvania 17011. Furthermore, Respondent, Kirk J. Hachigian is hereby Ordered to leave the afore-mentioned residence and is enjoined from entering therein again without the consent of Petitioner. BY THE COURT, 1. "li 11 3 '1"; '!! :I' i ~, ,,_.. - (,:1 tvt S. The parties share the marital premises at 2414 New York Ave., Apt. # I, Camp Hill, Cumberland County, Pennsylvania 17011 with their minor child: Alexandra C. Hachi~ian born December 4, 1993. 6. Respondent has subjected Petitioner to numerous aciions of mental cruelty includin~ various threats and the theft and iIIe~al sale of non-marital property belonllin~ to the Petitioner. 7. Petitioner avers that Respondent has a dru~ problem and has been unemployed for a period of fourteen months. 8. Respondent's drug use in the presence of the minor child creates an unsound and unsafe environment for said child. 9. Petitioner is without the financial resources to move with the child to another location as she was still remain responsible for the rental payments for the marital residence and that she has no funds to use as a security deposit. 10. Respondent continually engages in mentally abusive conduet by demanding money from Petitioner and depleting her financial resources to satisfY his need for illegal drugs. II. Despite numerous requests by Petitioner to Respondent that he cease en~aAin~ in above-mentioned conduct and/or withdrawal from the marital residence, Respondent has refused to do so. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order awarding exclusive occupancy of the marital residence to Petitioner and denying Respondent access to the home. Respectfully submilled, DeArmond & DeArmond Date:.:A/1 ~ ) / I By: !~~ / Keith B. DeAnrionlt,"'E5quire Sup. Ct. Id. # S8878 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 Allorney for Petitioner .~ ~. -1 It) - .......... tc\ ) .J.", J cr: puouUY'Q r "1I'1t' PUOWrw'O B 1.111')1 tet_L1lll) 'lOt' YINY^'''SNNJd "'IH dnv:) 133"L5 U>lM'l 008Z M'fllY $A3NllOllY I>>N~ZHn 11(12, :p JPV~?O 11~ . . -. LISA A. HACmGlAN, PlaintitT IN THE COURT OF COMMON PLEAS OF ClJMBERLANDCOUNTY, PENNSYLV~A VS. NO. 9S-119l CIVIL TERM KIRK J. HACmGlAN, Defendant CIVIL ACTION-LAW IN DIVORCE I I ACCEPTANCE OF SERVICE I, KIRK J. HACmGlAN, accept service of the ORDER, MOTION FOR CONTINUANCE, RULE TO SHOW CAUSE and EMERGENCY PETITION FOR EXCLUSIVE OCCUPANCY OF THE MAR1T AL HOME in the above-captioned action. tb !xJ/-;-:;.- KIRK. mdl ' i-/I~ is-- DATE 7'11'1 Ah.-wV,.J(/( Au ,: MAILING AbDRES~ . CAne>II/<L I'/f- , 17011 E"~; bl' t ~., -A' J t- Of ~-I ) q I O,'U,'\ ff1lm :~t;;,~~':; ~-1"i"'.'''' '-"-',' , ',' c. rLIVNTlFP8 ' }::-.:_:'E;W:'>;i"ExHIBIT:'-" ,'~' '-I., j -*1 S ..sl-tf I1AR 2 2 !.QOt; '.. Lv :I LISA A. HACHIGlAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 9S-1 191 CIVIL TERM I I KIRK J. HACHIGlAN, DEFENDANT : CIVIL ACTION - LAW QRDER .J /1--' ). I AND NOW, this..iL day of Ip .(.,U~\ , 1995, upon considemtion of Plaint ill's Motion for Continuance, the hearing scheduled in this matter for March 23, 1995 at 4:00 kM. in Courtroom #3 of the Cumberland County Courthouse is hereby rescheduled for the ~ day of ;4~ ' 1995, in Courtroom #~ at 3 .~ o'clock fL.m. BY THE COURT: I' I' I I I I I I ! J. LISA A. HACHIGlAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 9S-1191 CIVIL TERM KIRK 1. HACHIGlAN, Defendant CIVIL ACTION. LAW MOTION FOR CONTINUANCE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Plaintiff, Lisa A. Hachigian, by her allorney, Keith B. DeArmond, Esquire, states and represents as follows: I. The Petitioner is Lisa A. Hachigian, an adult individual who resides at 2414 New York Avenue, Apt. # I, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Respondent is Kirk 1. Hachigian, an adult individual who resides at 2414 New York Avenue, Apt. #1, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On or about March 7, 1995, Plaintiff filed an Emergency Petition for Exclusive Occupancy of the Marital Residence. 4. A Rule to Show Cause was entered against the Defendant on March 9, 1995, by the Hon. George E. Hoffer selling a hearing on the aforementioned Petitioner on March 23, 1995 at 4:00 P. M. S. Plaintiff has been informed by her employer that her attendance from work can not be excused on the aforementioned date. 6. The Counsel for the Plaintiff on March 20, 1995, contacted the Defendant, Kirk J. Hachigian, and requested his concurrence for a continuance. Mr. Hachigian, indicated that he was unrepresented at this time but that he had no objection to the above-captioned matter being eontinued. WHEREFORE, Petitioner, Lisa A. Hachigian, respectfully requests that this Honorable Court grant a Continuance in the above-captioned mailer. Respectfully submitted, DeArmond & DeArmond Date: ~;; r I By:'/ t..... Keith B. DeArmond, Sup. Ct. Id. # S8878 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 Attorney for Petitioner MAY 30!8;:CO~l '. LISA A. HACHIGIAN, ) IN THE COURT OF COHHON Plaintiff l PLEAS OF CUHBERLAND l COUNTY, PENNSYLVANIA vs. l l NO. 95-1191 CIVIL TERH KIRK J. HACHIGIAN, l Defendant l CUSTODY ORDER AND NOW, this I~ day of ,..~ , 1995, the Plaintiff and her counsel having appeared at the conciliation conference and the Defendant not having appeared, we enter the following order: 1. Legal custody and primary physical custody of the minor child, Alexandra C. Hachigian, born December 4, 1993, is hereby awarded to her mother, the Plaintiff. Lisa A. Hachigian. 2. We set no schedule of temporary custody, partial custody, or visitation at this time. We will do so upon the request of either party in the future. 3. It is not clear from the record whether the Defendant, Kirk J. Hachigian, has been served with the original process in this matter or with the notice of the conciliation conference. Accordingly, the Plaintiff's counsel is directed to arrange for service of process on the Defendant and, I I I I I I at the same time, to serve him with a copy of this order. This order shall remain in effect until modified. If the Defendant feels aggrieved by this order or claims it was entered without prior notice to him. he is directed to 1 '. file a motion or other pleading with the court raising that issue so we can dispose of that at a proper hearing. By the Court, ~", /I /.!- J. Keith B. DeArmond. Esquire Attorney for Plaintiff Kirk J. Hachigian, pro se - ~n.~.A' b/l/9s. ..!J.p. KtlH., D, Ap.,...",.[J ?{r L..f{, _" "'e, ,,,N S ,r"'" (J('" ~ #t .f,Jl-, tr" ~ <( Uf 1 sla 2 II il Il LISA A. HACHIGIAN, I IN THE COURT OF COMMON Plaintiff I PLEAS OF CUMBERLAND I COUNTY, PENNSYLVANIA vs. I I NO. 95-1191 CIVIL TERM KIRK J. HACHIGIAN, I Defendant ) CUSTODY JUDGE PREVIOUSLY ASSIGNED: None CONCILIATOR CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-8(bl, the undersigned Custody Conciliator submits the fOllowing report: 1. The pertinent information concerning the child who is the sUbject of this litigation is as follows: Alexandra C. Hachigian 4 December 1993 CURRENTLY IN CUSTODY OF Plaintiff/Mother NAME BIRTHDATE 2. A Conciliation Conference was held on 17 May 1995 and the following individuals were present: the Plaintiff and her attorney, Keith B. DeArmond, Esquire; the Defendant did not appear. 3. No one appeared representing the father. Unfortunately, it is not clear whether the father was actually served with the original complaint or with notice of the conciliation conference. The mother stated that she had provided notice to the father's mother but she had no way of determining whether that woman had conveyed the notice to the father. 4. There is serious aceusations of drug abuse and criminal conduct by the father in this case. Those allegations justify the entry of an order to preserve the status quo until such time as the father can be served and may Challenge that order if he chooses to do so. Aceordlngly, I have prellared a lIlmllle order awarding custody to the mother and directing the mother'lI attornoy to i1r1'ftngo lIervlco of a copy of the order on the father. That order ill attftchod and, wilh the entry of this order. no further action is necessary at the present timo, 22 Hay 1995 LISA A. HACHIGIAN, ) IN THE COURT OP COMMON Plaintiff ) PLEAS OP CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 95-1191 CIVIL TERM ,KIRK J. HACHIGIAN, ) Defendant ) CUSTODY ORDER AND NOW, this day of , 1995, the Plaintiff and her counsel having appeared at the conciliation conference and the Defendant not having appeared, we enter the following order: 1. Legal custody and primary physical custody of the minor child, Alexandra C. Hachigian, born December 4, 1993, is hereby awarded to her mother, the Plaintiff, Lisa A. Hachigian. 2. We set no schedule of temporary custody, partial custody, or visitation at this time. We will do so upon the request of either party in the future. 3. It is not clear from the record whether the Defendant, Kirk J. Hachigian, has been served with the original process in this matter or with the notice of the conciliation conference. Accordingly, the Plaintiff's counsel is directed to arrange for service of process on the Defendant and, at the same time, to serve him with a copy of this order. This order shall remain in effect until modified. If the Defendant feels aggrieved by this order or claims it was entered without prior notice to him, he is directed to 1