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HomeMy WebLinkAbout95-04415 ,- ~. z 47&0 ACE OF MECHANICSBURG THE STANDARD IN COLLISION REPAIR AUTO COLLISION EXPERTS &3&5 BASEHORE RO. MECHANICSBURG PA. 17055 717-7&&-8758 FaMI 717-79&-0557 ALL MODELS FOREIGN AND DOMESTIC, CARS ANO TRUCKS Visual Damage Quotation *47&0 by PAUL WALKER on 09-21-9& HENI MOREHEAD 425 PAWNEE Styh I Lie. Platel Paint Cod'l P..od. Datu P..ofll. I STANDARD D.ductibl.1 0.00 lnlu..... I Adjud.r I Appraiu..I Claiunt I lnlurld I Policy' I Clah' I MECHANICSBURG. PA 17055 Phon.1 95 FORD TAURUS UINI lFALP52U7SA302197 Milug.1 0 Opt i oni! DPlee "'UD Prlet lahl. Pain' ube.. hurt U. U 3.' REFINI91 U. U 1.8 REFINt91 Il.Ie e.e 2.1 REFtNI91 e." t." 1.2 BODY '.MI I.St 2.5 BODY ue I.St e.' REFtNI91 '.M ll.St e.e REFINI91 ElISTlIIl I ElISTIIIl I . lAber 011 DlIl'I'laU." I REFINt91 I<<XIlll/TSlllE 2 REFtNI91 R WlRlER ME\. ll/TSlllE 3 REFINt91 LU66A6E LID ll/TSlllE 4 RSlAtR R REAR BODY FtNI91 ME\. 5 RSlAtR REAR IllJIlER COVER b IlDl. ~R l1EAR COOT 7 IlDl. ~R STRIPE I Judg.l.nt It.1 PLAINTIFF'S , iH1BIT -'Z.I E9TIMlE AECIU IlllERI 19-21.... ltltSIS2 Mltchlll Dati Vlrllonl SEP 96 EltlKltl PluI II I trldlllrk of Mltch.11 tntlrnltlonll - Copyright I"t-t'" All Rlghtl Rlltrved I I I I I - ---.- - PII' 2 "75 B6 QlVIIUT aIM! IOEfllII ....... MltIU. M'" T.'1l1 IlIlY 3.. 32.. ".IIT PAINT IlAlOIII.ll 13'I.Sf IEFtNISH !.31 32.. 21._ 317.611 1IU1lIII'II1l1IAIITE 20m Taxed Labor 413. .. Taxed Celli t42. 29 Ta 6....... 24.82 Ta6,- 8.54 Labor t 1203 WIlt') 413.61 Add'1 eo,lI/lIIhrllh 142.29 Tax 33.36 B1'and Total 58l).~ "",,"Part. pricI. .ubJlct to Invoicl""" AUTHORIZED AND ACCEPTED I You arl hlreby autharizrd to eakl the abavI ,plcifild rlpair.. I under.tand that paY'lnt in full will bl dUI upon rella'l of vehicll, including additional .upple.ental da.age charge., and hlrlby grant you and/or your l.plaYle., plr.i..ian to aplratl thl car, truck, or vlhicll dl.cribed herlin an .trllt., highway., or Il.ewhlre far thl purpa.e of tl.ting and/or in.plctian. An IMpre.. 'Ichanic. liln i. hlrlby acknowledged an the abavr car, truck, or vlhicle to .Icurl the a.aunt of repair. thlrlta. You will not bl held re.pan.ibll far 10.. or da.agl to the vlhiele or artiell. 11ft in the vehicll in ca'l of firl, theft, accidlnt or any athlr cau.e blyand your control. OLD PARTS REMOVED FROM CAR WILL BE JUNKED UNLESS OTHERWISE INSTRUCTED. NOTICEITHIS IS A VISUAL ESTIMATE ONLY!! ANY HIDDEN DAMAGES MAY NEED REPAIRED BEFORE COLLISION WORK IS COMPLETED. RESPONSIBLE PARTIES WILL BE INFORMED BEFORE ADDITIONAL REPAIRS ARE MADE. I ~, EBTIIIlTE IEllL 'UElI It eI " 13151111 1U\c:hI\lIll\1 VI",lInl lIP _" [,"III" PIli' 11 . \radl'" .f 1U\c:h11l IMII'IllUtllll Co".,.I", 1"1-1'" All RI"h Rnr,."d 475& RCE OF MECHRNICSBURG THE STANDARD IN COLLISION REPAIR AUTO COLLISION EXPERTS 6365 BASEHORE RD. MECHANICSBURG PA. 17055 717-766-8758 FaNI 717-796-0557 ALL MODELS FOREIGN AND DOMESTIC, CARS AND TRUCKS Visual Damag. Qua~a~ian #475& by PAUL WALKER on 09-20-96 HENI MOREHEAD 425 PAWNEE DR, Styh I Lie. Plahl Pai nt Cod II Prod. Dahl Profil. I STANDARD D.ductibl.1 0,00 Inlur.r I Adjulhr I Apprainrl Claiaant I Inlur.d I Policy' I Claia' I MECHANICSBURG, PR 17055 Phon.1 86 CHEVROLET CAMARO VINI IGIFP87S3GN104919 Mi lugll 0 Opt i anI! . LAblr lkl DllerlllUllft I RIll. LABOR BLEND R lUlRTEll PIML 2 REPAIR L IDlRTER ll/lER PIVEl J REPAIR LtFT6ATE 4 REPAIR REAR B\IIlER COVER 5 RIll. IJlER CLEAR COOT & RIll. IJlER STRIPE 1 Judg...nt It.. IlPlcl laMI' Pllnt Labl" hUB DPlee Irtua .... I.el ... BIllY I e,... t.8t 2.& IlODY EXISTUIl I I." 1.81 1.&1 REFtNISH EXISTIIIl 1 e.... I." 2.1 I!OOY EXISTIIIl I e." t.51 e.e REFINISH 28. ... e.51 e.e REFINISH ESTIMTE RECIU IUlERI .. 21 " 131M... Illteh.l1 Dlt. V'l'Ihnl lEPJ6 ElUlIth Pin It . tl'lll...... If "\telllll hhl'lllUI.1I Cllpyrlght t991-1996 All Rtght. Rll.rvtd 14761 95 FlIlII TIUUl IIlIEIUl ...... IIIIlIII U. MI.. '''.11 IlIlY 2.5132.. ILIIT IIIIINT IIl1ERIIU 119. lIT JEFINUI~ 12.61 32.. 4&1.2IT IIWIIlIlIUIIIlBTE 3.m Tued LIhor 413.21 Tued Cub 192.78 T. 6.. 28." T.'.. 11.57 LIhor I 15.1 ..Ibl Add'1 ColtllNat.rllll Tu Gr.nd Tot.l 716.54 ********P.rtl pric'l IUbJ.ct to invoic.****** AUTHORIZED AND ACCEPTED, You .r. h.r.by .uthorizrd to ..k. th. .bov. Ip.cifi.d r.p.irl. I und.rlt.nd th.t p.y..nt in full will b. du. upon r.l.... of v.hiel., including .ddition.l .uppl...ntal d...g. eh.rg'l, .nd h.r.by grant ynu .nd/or your ..ploY"I, p.r.i.lion to op.r.t. th. c.r, truck, or v.hicl. d..crib.d h.r.in on Itr..t., highw.YI, or .ll.wh.r. far th. purpol' of t..ting and/or inlp.etion. An .xpr'I' ..ch.nicI li.n il h.r.by .cknowl.dg.d an th. .bovr e.r, truck, or v.hiel. to I.eur. th. ..ount of r.p.ir. th.r.to. You will not b. h.ld r.lponlibl. far 101. or da.ag. to th. v.hiel. or .rticl'l l.ft in th. v.hiel. in cal' of fir., th.ft, .ccid.nt or any oth.r C.UI. b.yond your control. OLD PARTS REMOVED FROM CAR WIll BE JUNKED UNlESS OTHERWISE INSTRUCTED. NOTICEITHIS IS A VISUAL ESTIMATE ONLY,! ANY HIDDEN DAMAGES MAY NEED REPAIRED BEFORE COllISION WORK IS COMPLETED. RESPONSIBLE PARTIES WIll BE INFORMED BEFORE ADDITIONAl. REPAIRS ARE MADE. EBTIIIl1E IEIIJ. ....'IHI... 11115,2 IUtell.1l Ill'. V....III. lIP _" bUllah Plul h . ,1'1II...... .f IIttell.1I ht_U.1II1 Copyrllht I"l-t." All Rlgh" R.I.rwld PII' 2 4&1.21 192. 78 4LS6 HENI-IRIS MOREHEAD, Plaintiff for herself and on behalfofher minor child: ADAM MARC SORKIN, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-4415 CIVIL TERM JAMES BARRY MOREHEAD, Defendant : PROTECTION FROM ABUSE CERTIFICATE OF SERVICE I, Harry Clay, do hereby certifY that on September 27, 1996. I did personally serve upon tiLe defendant, James Barry Morehead, the above-captioned Temporary Protection Order and ~'; ";"" ~ Petition', for PRjtection Order at 1: 15 p,m. at the plaintiffs residence at 425 Pawnee Drive, 12'" ... '" r:Mech~csburg;~Cumberland County, Pennsylvania. ,.I.' -1 ,i . ," , ,-.., ",. ." ('J~ "_,:.~ If': i j'" ....:. ... "" p: IOU .- ,d' ~J C-y' Harry Clay, Corporal Hampden Township Police Department 230 South Sporting Hill Road Mechanicsburg, P A 17055 .' ,', ','.'.~'..<~<: ;;->,', ,~j<~~k -:--J~Q ~~t~(;'L:j~ \ -tb(" ~> A~VLCO t'\ '5 I I ! ~ 1~ ~ \0 (:: &I') I~ .. ~ - - ~j %: 0 ...: ~~ ~ c.; N 1# .... i1J~ F== (.) ,.) C ... '. ~ t.O a en Henl-Irls Morehead. PI/lintiff IN TilE COURT OF COMMON Pl,EAS OF v. CUMBERI,AND COUNTY. PENNSYLVANIA NO. 95- '''1/5 CIV r L TERM PROTECTION FllOM ABUSE James B. Morehead. Defendllnl. AND NOW. this TEMPORAUV PllOTECTJON OllDF.R ---1~ tt d/lY of August.. 1995. upon presentation and conslder/ll.ion of t.he within Petition. /lnd upon finding that l.he plaintiff. Hent-Iris Mor'ehead, now temporarily r'esiding nt all undisclosed locntion, Is In immedinte nnd present danger of abuse from the defendant. James n. Morehend. the following Temporary Order is entered. The defendant, James B. Morehend. (SSN: 204-36-1905 /lnd Dnte of Birth: 8/20/47) now residing nt 2206 Swnt.nrn Street. Harrisburg. Dauphin County, Pennsylvnnin. is hereby enjoined from physic/llly abusing the plnintlff, Heni-lris Morehend. or plncing her in fear of abuse. The defendnnt is excluded from the plnintiff's residence located Ilt 425 Pnwnee Dr'lve, ~"",hnllicshurg, Cumberlnnd County. Pennsylvania, Il residence which is jointly owned by the parties. hut from which t.he defl'nd/lnt. volunt.nl'ily left. on or nhout August 15. 1995. The defendllnt. is ordered 10 st.ny Ilwny from nny residence lhe pl/linti ff mny eRl/lhllRh for' her'sel f III t.he fut.ul'e. . ') \ l' 'A?. Th.. defl'nd/lnl 18 OI'dC'I'ed t.o r.ofr....1n f,iom,A,hVlng uny direct 01' indir'ect. contucl, wilh t.h" l'l/lilltiff lueludlng. hul not. Ilmil...d t.o. telephone nnd WI'; I.t...n communications, The defendant Is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling Ilny property owned jointly by the parties or owned solely by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa. C.S. 66113; ii) a private criminal complaint under 23 Pa. c.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. A hearing shall be held on t.his matter on the ,.;)J'ft day of August, 1995, at //: 00 q .m., in Courtroom No.~, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending Il furlher order After the heAring. The Cumberland County Sheriff's Department shull attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonot.ary and forwarded to the Sheriff for service. The Prothonotary shall not Hend a copy of this Order to the defendant by mail. The Hampden Township Police Department will be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where II violation occurs by arrest for indirect criminlll contempt without warrant upon probable CaURe that this Order has been violated, whether or not the violation is committed in the presence of the police officer. Tn the event that an llrrest 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 laken before the appropriate district justice. (23 Pa.C.S. ~ 6113). By the Court, ,....':;..'jji" /. I r. , I , , ! i NOT:I:CE You have been sued in court. If you wish to defend against the claims set fortb in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorncy at the hearing scheduled by the Court and prescntlng to t.he Court your defenses or objections to the claims set forth ngalnst you. You are warned that If you fail to do so the Court. may proceed without you, and a judgment may be entered against YO!I by the Court without further notice for any money claimed in the Petition or for any other claim or relief request.er! by the plaintiff. You may lose money 01' propert.y or other rights Important to you. FF.F.S ANn COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required La pay attorney fees to Legal Services, Inc. for their represcnt.ation of the plaintiff. You should take this paper t.o your lawyer at. once. If you do not hllve .. lllwyer or cannot "fford one, go t.o or telephone the office set forth below 1.0 fInd out. where you can get legal help. COURT ADmNISTRATOR, 4th FLOOR CUHBERLAND COUNTY COURTHOUSE CARI.ISLE, PENNSYI,VANTA 17013 TELEPHONE NU~IRER: (717) 2.10-6200 AM~;RICANS WITH [)lSAI111.I1'IF.S ACT OF 1990 The Court. of Common Pleas of Cumberlnnd Count)' Is requil'ed by law lo comply with the Americans wilh nisabllit.ies Act. of 1990. For informal.lon aboul accessible facil iUes and reasonnble accommodations available 1.0 ,lisnb1<'r! Individuals buving business before the court, plcll8e conl.llct. our office. All arrangements must. be made at leust 72 hours prior to any hear'ins or husincss befol'e I.be court. You must ..I,I....n<l t.hp sch...duled confer'encc 01' hearing. PF.TITION FOR PROTF.CTION ORDER RELIEF UNDER TilE PROTECTION FROM A8USE ACT, 23 Pa.C.S. 6 6101 et seq. A. Am/SF. 1. The plaintiff, Heni-Iris Morehead, Is an adult individual whose permanent residence is 425 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as Is more fully set forth herein. This address will be furnished to the court upon request. 3. The defendant, James 8. Morehead, (SSN: 204-36- 1905)(Dnte of 8irth: 8/20/47), is an adult individual residing at 2206 Swatara Street, Harrisburg, Dauphin County, Pennsylvania. 4. The defendant. Is the plainU ff's husband. 5. Since approximat.ely January 1995, the defendant has attempted t.o cause and hns int.ent.lonlll1y, knowingly, or recklessly caused bodily injury lo t.he plaintiff, hilS placed the plaintiff in reasonnble fenr of imminent. serious bodily Injury, and has knowingly engaged in n coul'se 01 conduct or r..pentedly committed acts townrd t.he I'lainl.iff und..r circumstnnceH which hnve placed the plnint.i ff in r(>llHonab1e fear of bodily Injur'y. 2 This has included, but is not limited to, the following specific InMtnnc~R of abuse: R. On or about August 12, 1995, the defendant threatened to kill the plaintiff if she left the house. The defendant then pushed the plaintiff, causing her to fall to the floor and have pain. b. On several different occasions since January 1995, the defendant has threatened to kill the plaintiff, destroy her workplace, burn the house down, or blow up her car, causing the plaintiff to fear for her safety. 6. On or about. August. 12, 1995, the pIa inti ff and her 15- year-old son left her residence at 425 Pawnee Drive, M~chanicsburg, Cumberland County, Pennsylvania. in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in Immedlat.e and present danger of abuse from the defendant should she return to the home without the defendant's exclusion and thnt she is in need of protection from such abuse. 8. The plaintiff desires that the defendant be prohibited from having any direct or Indirect contact with the plaintiff Including, bul not limited t.o, t.elephone and written comnllrn I ca t Ions. 9. The plaintiff desires lhat the defendant be enjoined from harassing Rnd stalking the plaintiff, and from harassing the plaintiff's relatives. 3 10. The plaintiff desires that the defendant be restrained from entering her place of employment. 11. The plaintiff desires that the defendant he enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. R. EXCJ.USIVR POSSF.SSION 12. The home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of the plnintiff and the defendant. On or about August 15, 1995, the defendant voluntarily left the marital residence and is now residing with his mother at 2206 Swatara Street., Harrisburg, Dauphin County, Pennsylvania. 13. The plaintiff currently has no permanent place to stay with her child except the marital home, and the defendant has family and friends In the area with whom he can sLay. 14. The plaintiff desires posses8ion of the home so as to give the greatest degree of c<lntinuity to the life of her child and to allow him to continue his education at his school and to continue his school and social activities. C. ATTORNF.Y FRF.S 15. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. WHEREFORE, pursuant t.o the provisions of the "Prot.ectlon from Abuse Act" of Oct.ober 7, 1976, 23 Pa.C.S. ~ 6101 .!:.!. llll!l., as amendod, lhe plalnt.i ff prays t.hi8 Honorable COUl't 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 or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the home located at 425 Pawnee Drivc, Mechanicsburg, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of thc defendnnt pending a final order in this matter. 7. Ordering the defendnnt. to stay away from any 5 residence the plaintiff may in the future establish for herself. B. Schedule a hearing in accordance with the provisions of the "P~otection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely hy the plaintiff. 6. Granting possession of the home located at 425 Pawnee Drive, Mechanicsburg, Cumberland County. Pennsylvania, to the plaintiff to the exclusion of the defendant. 6 I,F.GAI, SF.RVICF.S, INC. 8 Irvinc Row Carlisle, PA 17013 (717) 243-9400 7. Ordering the defendant to stay away from any residence thc plaintiff may in the future establish for her~clf. 8. Ordering the defendant to pay reasonable attorney feeR to I,egal Services, Inc. The plaintiff furthcr asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a cert.ified copy of this Petition and Order be delivered to the Hampden Township Police Department which has jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ~ttL. '1tl..tee-... - \?dv",~ J at Carey PHilip C. Briganti Jane Muller-Peterson Attorneys for Plaintiff 7 The above-named plaintiff, Hani-Iris Morehead, 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. ~ 4904 relating to unsworn falsification to authorities. ~cY/~ miD ~ Ileni-Irfs Moreh'ead, Plaintiff D8te:~~j1~L1 ; 1 ! ". .,~l 1-' ;':;> '~,~,:~"p;'~~~';1:;h-f"'i~t.;t9,")I"~",,'.,~,#~~...,.,.~-~~~~~~',, . an f" ~l: ':J =5 '~::r: ... ,,, (.")::l-f ~ II> !ezt':JiZ '& N lI.Ou..t "" -"'::0:'- C) L:J....~...J ~ - U 0 .i >- ~-,Vl ~ ~J~C2t CO :::tvfU~ - l... "":U1IU ~ g ;:2; Il,.. -. "-'" t:.;O :, l J. ~ "e! ~,,'1' ; 'j Ii.'>,.... '-,., '* Heni-Iris Morehead, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4L/15 CIVIL TERM James B. Morehead, Defendant PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this ~ day of August, 1995, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on August 28, 1995 at 11:00 a.m. in Courtroom No.5 is hereby continued generally. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. A certified copy of this Order for Continuance will be provided to the Hampden Township Police Department by the plaintiff's attorney. By the Court, J Legal Services, Inc. Attorney for Plaintiff :..- c: ... l..L.) Robert B. Lieberman Attorney for Defendant - c.iu.oV ,~L 'd/~l/qs. ...l),"Y. ., ...' :~ :>:~~.~ I"", .i . ,. -..~. -<..., c..o ... .., .:L~ :::s: - CG U'lI . Heni-Iris Morehead, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-4416 CIVIL TERM PROTECTION FROM ABUSE v. James B. Morehead, Defendant MOTION FOR CONTINUANCE The plaintiff moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on August 18, 1995, scheduling a hearing for August 28, 1996, at 11:00 a.m. 2. By agreement of the parties, the plaintiff's counsel is requesting a general continuance to afford the parties and their counsel time to execute a Consent Agreement. 3. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 4. A certified copy of the Order for Continuance will be delivered to the Hampden Township Police Department by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and continue thiB matter generally, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, ~Ukt-J?~ Jo Carey Jsne Muller-Peterson Philip C. Briganti Attorneys for Plaintiff LBGAL SBRVICBS, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 .... '.".l I"'.,j eM ,..... "" => oClC >-... "'.- ~~... UI<""V7 ~~~2 ":" ';;'-1", ~.-~:.:;.~.~ ' HJl:;", u, I: ?/~ 'LoW o \R w IE ... .:z' N i', i .j 1:;: , ,,!. (~1\' -':.[\1;:; ';i , ; ~ : '. , .(., t " , ", ".i' I~ "'. ,f '., j.... ,.....,.... :, ;:e~.1 i.I" I I ''i' ~;;HI r"",f. /', -t "I c...-,' " /, . HENI-IRIS MOREHEAD. Plaintiff for herself and on behalf of her minor child: ADAM MARC SORKIN. v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-4415 CIVIL TERM JAMES BARRY MOREHEAD. Defendant : PROTECTION FROM ABUSE AND NOW, this ~ ~ September, 1996. upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Heni-lris Morehead. and her minor child, Adam Marc Sorkin, now residing at 425 Pawnee Drive. Mechanicsburg. Cumberland County. Pennsylvania. are in immediate and present danger of abuse from the defendant, James Barry Morehead. the following Temporary Order is entered. The defendant. James Barry Morehead. (SSN: 204-36-1905)(DOB: 8/20/47). now residing at 2206 Swatara Street. Dauphin County. Pennsylvania. is hereby enjoined ITom physically abusing the plaintiff, Heni-lris Morehead. or her minor child. Adam Marc Sorkin. or ITom placing them in fear of abuse. The defendant is excluded from the plaintift's residence located at 425 Pawnee Drive, Mechanicsburg. Cumberland County. Pennsylvania, a residence which is jointly owned by the parties. and the defendant is ordered to stay away ITom any residence the plaintiff may in the future establish for herself. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff or her minor child including. but not limited to. telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives, or the plaintiff's minor child. The defendant is enjoined from entering the plaintift's place of employment or the school of her minor child. :,.(_T,-;c:. ;"-:~:~.+;' The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. A violation or this Order may subject the derendant to: I) arrest under 23 Pa.C.S. 16113; II) a private criminal complaint under 2J Pa.C.S. 16113.1; III) a charge or Indirect criminal contempt under 2J Pa.C.S. 16114, punishable by Imprisonment up to Sill months and a line orsI00.00-51,000.00; and Iv) civil contempt under 23 Pa.C.S.16114.1. This Order shall remain in effect until modified or tenninated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act ofabuse or has engaged in a pattern or practice that indicates risk of hann to the plaintiff. A HEARING SHALL BE HELD ON THIS MAITER ON SEPTEMBER cil3, 1996, AT II: 30 It. .M., IN COURTROOM NO. S- OF THE CUMBERLAND COUNlY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sherill's Department shall attempt to make service at the plaintill's request and without pre-payment of fees. 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 Hampden Township Police Department shall be provided with a certified copy of this Order by the plaintill's attorney. 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 ~6113), By the Court, unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S, # Joan Carey _ c.ed, t~ ;k-~.I4, ?'/J ,;1~ LEGAL SERVICES, INC. Attorney for Plaintiff Robert B. Lieberman Attorney for Defendant ~ F1LEn -OffiCE N': i' r r "-'7Wi,W)TI,oy ...', 11. . .... ' ,,'1 % SEP 13 PH :l: OS cu',., ," ..' "'1'( riIZ)..;J .i.,l .. ~..~ ....'\.. -..Ii'" PENN3'ILVt';~J\ JAMES BARRY MOREHEAD. Defendant : PROTECTION FROM ABUSE HENI-IRIS MOREHEAD, Plaintiff for herself and on behalf of her minor child: ADAM MARC SORKIN. v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : NO. 95-4415 CIVIL TERM PETITION FOR PROTECfION ORDER RELIEF UNDER THE PROTECfION FROM ABUSE ACT, 23 Pa.C.S. A6IOI et seq. A. ABUSE 1. The plaintiff, HENI-IRIS MOREHEAD, is an adult individual residing at 425 Pawnee Drive, Mechanicsburg. Cumberland County, Pennsylvania 17055. 2. The defendant. JAMES BARRY MOREHEAD. (SSN: 204-36-1905)(DOB: 8/20/47), is an adult individual residing at 2206 Swatara Street, Dauphin County. Pennsylvania, 17104. 3. The defendant is the husband of the plaintiff. 4. Since approximately January, 1995, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff and the plaintiff's minor child. has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff and her minor child, under circumstances which have placed the plaintiff and the child in reasonable fear of bodily injury, This has included, but is not limited to. the following instance ofabuse: On or about September 7. 1996, at approximately 8:30 a.m.. the plaintiff's 17 year-old son. Adam Marc Sorkin. alerted her that the defendant. who has not resided at the residence since approximately August. 1995. was inside the house. The plaintiff telephoned 911 for help. While she was waiting for the police to arrive, the plaintiff could hear the defendant beating on the door knob with a crow bar trying to gain entry into the main part of the house. When the Hampden Township Police arrived, the plaintiff discovered that the defendant had broken several pieces of collectable glass and other household items and had boxed up articles to remove them from the house. As Adam tried to put the boxed items away, the defendant shoved him. The defendant threatened the plaintiff saying. "('m going to take you down; you'll live to regret this; you'll be sorry." The defendant also threatened to come back to the house and sever the telephone lines so the plaintiff could not call for help and :0 cut utility lines, The defendant was removed from the residence by the police. Approximately 1 5 minutes later the defendant returned. drove into the driveway, threatened to ram his van through the garage door, and threatened Adam saying. "('m going to kick your ass." The defendant then repeatedly punched his list through the glass windows of the garage door next to Adam's head as he moved to avoid being struck by the defendant. The plaintiff telephoned 911 for police assistance again. but the defendant left the premises before the police returned. The plaintiff contacted District Justice Farner at the police's suggestion and an emergency Protection Order was issued over the weekend for her protection. The defendant was excluded from the residence through the above-captioned Temporary Protection Order entered on August is, 1995. An Order for Continuance was issued on August 31. 1995. continuing the matter generally, and the Protection From Abuse action expired on August 31. 1996. See Exhibit A. attached and incorporated as reference. 5. The plaintiff believes and therefore avers that she and her minor child are in immediate and present danger of abuse from the defendant should they remain in the home without the defendant's exclusion and that they are in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff or her minor child including. but not limited to, telephone and wrillen communications. 7, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives or her minor child. 8. The plaintiff desires that the defendant be restrained from entering her place of employment or the school of her minor child. 9. The plaintiff desires that the defendant be enjoined from removing. damaging. destroying or selling any property owned jointly by the parties or owned by the plaintiff. B. EXCLUSIVE POSSESSION 10, The home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of Heni-lris Morehead and James Barry Morehead. The defendant has resided with his mother at her residence at 2206 Swatara Street in Harrisburg since approximately August, 1995, II. The plaintiff desires possession of the home so as to give the greatest degree of continuity to the life of her child and to allow him to continue his education at his school and to continue his school and social activities. C. LOSSES AND REIMBURSEMENT FOR COST OF CASE 12. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit B allached. 13. The plaintiff asks that the defendant be ordered to pay $250.00 to Cumberland County, one of Legal Services. Inc.'s funding sources as reimbursement for the cost of litigating ,<,:~~,~;i:~.:~~i!ft~:!~~,~,f~'~i;~' ~~..: . . ,- .. this case, and that the defendant be assessed the 525.00 surcharge and any court costs if the case goes to hearing. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7. 1976.23 P.S, ~6101 ill sg., 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:" I, Ordering the defendant to refrain from abusing the plaintiff or the plaintitrs minor child or placing them in fear of abuse; 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or her minor child including. but not limited to, telephone and written communications; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives or her minor child; 4. Prohibiting the defendant from entering the plaintiff's place of employment and the school of her minor child; 5. Prohibiting the defendant from removing. damaging. destroying or selling property jointly owned by the parties or owned by the plaintiff, and 6. Granting possession of the home located at 425 Pawnee Drive, Mechanicsburg. Cumberland County. Pennsylvania. to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a final order in this matter. 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. Ordering the defendant to refrain from abusing the plaintiff or her minor child or from placing them in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or her minor child including, but not limited to, telephone and wrillen communications. 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives or her minor child. 4, Prohibiting the defendant from entering the plaintil1's place of employment and the school of her minor child. 5, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6, Granting possession of the home located at 425 Pawnee Drive. Mechanicsburg, Cumberland County. Pennsylvania. to the plaintiff to the exclusion of the defendant. and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a final order in this mailer; 7, Ordering the defendant to reimburse the plaintil1'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 B. 8. Ordering the defendant to pay 5250.00 to Cumberland County. one of Legal Services. Inc.'s funding sources as reimbursement for the cost of litigating this case and assessing the 525.00 surcharge and court costs to the defendant if the case goes to hearing. The plaintiff further asks that this Petition be filed and served without payment offees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this -- . . . . Reni-Iris Horehead, IN THE COURT OF CONNON PLEAS OF Plaintiff . . . CUMBERLAND COUNTY, PENNSYLVANIA . v. . . . NO. 95- 4'-115 CIVIL TERN . James B. Morehead, Defendant PROTECTION PRON ABUSE AND NOW, this ORDER FOR CONTINUANCE ~ day of AUlust, 1995, upon consideration of the attached Hotion for Continuance, the matter scheduled for hearinl on AUlust 28, 1995 at 11:00 a.m. in Courtroom No. 5 is hereby continued lenerally. This Order is entered without prejudice to either party to request a hearinl. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. A certified copy of this Order for Continuance will be provided to the Hampden Township Police Department by the plaintiff'. attorney. By the Court, {ftc, . Lelal Services, Inc. Attorney for Plaintiff Robert B. Lieberman Attorney for Defendant -RV': (''''.,., r.1)~'1! .."......."'D t ~ .,' .. " . f. c... . . t t' C.\.. '..' &", In r 'i :'\'... ' . -1 . l. ,. '0"-, ,,' -y L'nd ,. ...,. ..... .., "'" to' I;.. c;:d In -, '''o-j' c; .... .J C., or! J. ,..:,\ ..;,,; \ Pa ...... . .....~ "'..... I __II......, . This ...3./.~.. day of ...a~,..., 19.9...r. EXHlml:.A..~~. ,.. ....,q.,..:.....J.;:\;,"'(.\.o.-.. ~ IU . Prothonotory AND NOW, this TEM~RY PROTECTION ORDER I S day of August, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Heni-Iris Morehead, now temporarily residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, James B. Morehead, the following Temporary Order is entered. The defendant, James B. Morehead, (SSN: 204-36-1905 and Date of Birth: 8/20/47) now residing at 2206 Swatara Street, Harrisburg, Dauphin County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Heni-Iris Morehead, or placing her in fear of abuse. The defendant is excluded from the plaintiff's residence located at 425 Pawnee Drive, Mechsnicsburg, Cumberland County, Pennsylvania, a residence which is Joint~y owned by the parties, but from which the defendant voluntarily left on or about August 15, 1995. The defendant Is ordered to stay away from any residence the plaintiff may establish for herself In the future. The defendant Is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. . . / The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, 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 mal 1. The Hampden Township Police Department will be provided with a certified copy of this Order by the plaintiff's attorney. 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. 6 6113). By the Court, TRUE COpy FROM RECORD In Testlmonywher8Ol, I here unto set my hand and t l.seal of said Cour::t. at CarlIsle. ~ J'.;Iv Y/Jo au " 19 tc (A. ,'~ Prothonotary /5/J It/~/~,~. Judli!" '" HENI-IRIS MOREHEAD, Plaintiff for herself and on behalf of her minor child: ADAM MARC SORKIN. v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : NO, 95-4415 CIVIL TERM JAMES BARRY MOREHEAD, Defendant : PROTECTION FROM ABUSE OUT-OF-POCKET LOSSES The plaintiff requests that the defendant reimburse her out-of-pocket losses, including but not limited to the following: Any and all costs related to property damage sustained as a result of the incident on or about September 7, 1996. (The repair bills and costs for the total amount of damage has not been assessed in full as of the filing of this petition). Replacement of door knob Installation ofnew door knob $10,00 $11.00 $, EXHIBIT B ~ (") ..:1 ., ~ N ~:~< we' tf :-::: ";;': -l' ' ~) :-;\. l:i' . " -- ....,-::j 9<". .--",.- "" '. IJl @'" "}..."" ,~. .~~ ;~ li!l' , 0- '~I~ . l.~ :.~J i. (I: .?- II. "...~ ::1 l..) u' U . . , HENI.IRlS MOREHEAD, Plaintiff for herself and on behalf of her minor child: ADAM MARC SORKIN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION . LAW v, : NO. 95-4415 CIVIL TERM JAMES BARRY MOREHEAD, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this ~ day of October. 1996, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Monday, September 23, 1996, at 11:30 a,m., by this Court's Order of September 13. 1996. is hereby continued to October 21, 1996. at 3:30 p.m.. The Temporary Protection Order shall remain in effect for a period of one year or until further Order of Court A certified copy of this Order for Continuance will be provided to the Hampden Township Police Department by the plaintift's attorney, By the Court, J Joan Carey LEGAL SERVICES, INC. . y Attorney for Plaintiff ~'~'(..,Iq ~ ~l({ IfII" James Barry Morehead. Defendant .L 305 Mifflin Street \" ,.~ '" ',," I Lebanon, PA 17042 \' . . l' ." . t, -: ''", ; ", I ..1 " , I . ,_, __'~.J..~ :.., ,....f... .,J .;,....I_~ v "_~"" . , HENI-IRIS MOREHEAD, Plaintiff for herself and on behalfofher minor child: ADAM MARC SORKIN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 95-4415 CIVIL TERM JAMES BARRY MOREHEAD, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff. by and through her attorney. Joan Carey of Legal Services. Inc., moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on September 13, 1996, scheduling a hearing for September 23. 1996. at 11 :30 a.m. 2. The Cumberland County Sheriffs Department deputized the Dauphin County Sherifrs Department to serve the defendant with a certified copy of the Temporlll}' Protection Order and Petition for Protection Order, but they were unable to locate the defendant in their service area. 3. On or about September 27, 1996, the Cumberland County Sherifrs Department notified Legal Services. Inc. staff that Hampden Township Police served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection From Abuse as he tried to enter the plaintifrs residence. 4. The plaintiff requests that the hearing be rescheduled. 5, The plaintiff requests that the Temporary Protection Order remain in effect for a period of one year or until funher Order of Co un. 6. A cenified copy of the Order for Continuance will be delivered to the Hampden Township Police Department by the attorney for the plaintiff. . . WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this matter, and that the Temporary Protection Order remain in effect for a period of one year or until further Order of Court. LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 . '- 0\ . (~ (''J - " >- .:.~i ~~;' , . , (j. ~ < , '-I... ~~ CH- 6i r-, f'J LUl- I :;.~ G:' >- .". , "!J (,. .l- F- e I '. . OJ ~; <.;n <.) HENI-IRIS MOREHEAD, Plaintiff for her. elf and on behalf of her minor childl ADAM MARC SORltIN I IN THE COURT OP COMMON PLEAS OP I CUMBERLAND COUNTY, PENNSYLVANIA I I I NO. 95-4415 CIVIL TERM I I I I I PROTECTION PROM ABUSE v. JAMBS BARRY MORBHBAD, Defendant IN REI PROTECTION ORDER ORDER OP COURT AND NOW, this 21st day of October, 1996, upon consideration of Plaintiff's Petition for Protection Order under the Protection from Abuse Act, and following a hearing at which the Plaintiffs appeared and were represented by Joan Carey, Esquire, and at which the Defendant did not appear, notwithstanding that he had received notice of the hearing, and notwithstanding that the Court waited approximately twenty minutes beyond the time scheduled for the hearing to afford him the opportunity to appear, the Court finds that the allegations of the Plaintiff's petition are true and that the Plaintiffs have been subjected to abuse as defined in the Protection from Abuse Act. Accordingly, it is ordered and directed as follows I 1. The Defendant, James Barry Morehead, is enjoined from physically abusing the Plaintiff, Heni-Iris Morehead, or her minor child, Adam Marc Sorkin, or from placing either of them in fear of abuse. 2. The Defendant is enjoined from having any direct or indirect contact with the Plaintiff or her minor child, including, but not limited to, telephone and written communications, other than through counsel. 3. The Defendant is ordered to refrain from OF ~~TAAY 9611CT 21, AM 81 SS CUMZ~:..L-'~iY VJU"I1Y P.....'i\)rL\'.<\N1A . , harassing and/or stalking the Plaintiff and from harassing and/or stalking her relative. and her minor child. 4. The Defendant i. prohibited from entering the Plaintiff's place of employment and her minor child'. place of employment. 5. The Defendant is prohibited from removing, damaging, de.troying or selling any property owned by the Plaintiff or jointly owned by the parties. 6. The Defendant is excluded from the Plaintiff'. residence located at 425 Pawnee Drive, Mechanicsburg, cumberland County, Penn.ylvania, and is ordered to stay away from any residence the Plaintiff may in the future establish for herself. 7. The Defendant is ordered to reimburse the Plaintiff's out-of-pocket losses suffered as a result of the abuse in the form of damage to the Plaintiff's vehicle and that of her minor child, and damages to personal property and fixtures on the aforesaid premises. The total emount of losses that should be reimbursed to the Plaintiff with respect to the above items is $2,055.79. Xn addition, the Defendant is ordered to reimburse the minor Plaintiff in the amount of $65.00 for lost wages. Nothing herein is intended to compensate the Plaintiff for alleged thefts committed by the Defendant, and Plaintiff shall not be precluded, by virtue of this Order, from pursuing compensation for such losses through other means, including, but not limited to, criminal prosecution and/or civil litigation. 8. The Defendant is ordered to pay $250.00 to Cumberland County, one of Legal Services, Xnc.'s funding '. .ource., a. reimbur.~ent for the costs of litigating this ca.e, court co.t. and the $25.00 .urcharge fe.. 9. Thi. Order shall remain in effect for a period of one year. This Order shall be enforceable in the s~e manner as the Court's prior Temporary Protection Order entered in this case. 10. This Order may subject the Defendant tOI (1) arrest under 23 Pa. C.S. Section 6113, (2) a private criminal complaint under 23 Pa. C.S. Section 6113.1, (3) a charge of indirect criminal contempt under 23 Pa. C.S. Section 6114, punishable by imprisonment of up to six months and a fine of between $100.00 and $1,000.00, and (4) civil contempt under 23 Pa. C.S. Section 6114.1. 11. The Hempden Township Police Department shall be provided with a certified copy of this Order by the Plaintiff's attorney 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. rn the event that an arrest is made under this Order, 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. Section 6113). By the Court, td- ~ . . Joan Carey. B.quire Legal Service.. Inc. Jame. Barry Morehead Defendant Sheriff . c.../~'1 ~ ).,~...l I.lr c.../", ".",....:...( Ie /.1 ,,; t]f,. I-- M~ q- , ' ft /."S. ,k.t.o~ . . SHERIFF'S RETURN - OUT OF COUNTY CASE NO. 199~-0441~ P COnnONWEALTH OF PENNSYLVANIA. COUNTY OF CUnBERLAND nOREHEAD HENI-IRIS VS. nOREHEAD .JAnES B R. Tho.a. Klin. . Sh.ri~~, who b.ing duly .worn according ~o law, .ay., ~ha~ h. .ad. a dilig.n~ ..arch and inquiry ~or ~h. wi~hin na..d d.~.ndan~, ~o wi~. nOREHEAD .JAnES B bu~ wa. unable ~o loca~. Hi. d.pu~iz.d ~h. .h.ri~~ of DAUPHIN ~o ..rv. ~h. wi~hin PROTECTION FROn in hi. bailiwick. H. ~h.r.~or. Coun~y, P.nn.ylvania. ABUSE On Oc~ob.r 28~h. 1996 ~h. a~~ach.d r.~urn ~ro. . this of~ic. wa. in r.c.ip~ of DAUPHIN Coun~y, P.nn.ylvania. Sheri~f'. Co.~.. Dock.~ing Ou~ o~ County Surcharg. .00 .00 .00 So an.w....., /'/ ,// ;' c- /' ,~- '" // , -:-'''. r...' , (. - ~ .,.' H. Th~.a. K~1n., 5h.r1%% ..Illlll 00/00/0000 Sworn and subscribed to b.~or. .. this ..30 ~ day of (pa:;;J.j , 19 9'1,. A. D. q~fZL Q /1,.uIJO,_.J ~~. prothonotary . William T. Tully Solicitor ",--:,-, " I!"'";. ,~r>~~~' ~,:;O; ~~'::-~i Ralph G. McAllister Chillt D.oputy . Office of the Sheriff Mary Jane Snyder Aeel E.lOto Dopuly Michael W, Rinehart AsGII'enl Chiet Deputy Douphin County Harrisburg, POllNi-ylvnnla 11101 (717) 2t&'20eO J. R. Lotwiclt Sheriff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SHERIFF'S RETURN No. 0062-T - - -96 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MOREHEAD JAMES BARRY DEFENDANT named in the wi thin PROTECTION FROM ABUSE and that I am unable to find him/her in the County of Dauphin, , the and therefore return same NOT FOUND, September 18, 1996 Sworn and subscribed to ~~". .. thio '~:l~::; PROTHONOTARY Pa. BY Sheriff's CostSI $0.00 PD 00/00/00 RCPT NO . ~-,,\\1 of GI1tlztb4!l'1,; ~o r{~ ~~ ~ .JOE;;l, ~ ~~~~~-:,~~"Q :i~ ...-..i ~1"'.., ..' ,,;.t, :,~'~-':, \~~~ ~ r.r ""~~''';q;:t.q.'-'., ~ tJ~~..w. ~___ '~~w '4IJ.~ . R. THOMAS KLINE Sherllf RONNY R, ANDERSON Chi., O'PUIY HORACE A, JOHNSON Sol/cllor AUDREY Q, ADAMS R,al Elllla Daputy OFFICE OF THE SHERIFF Court House Carlisle, Pennsylvania 17013 TO: Honorable John Lotwiek RE: Dauphin County Sherif~'s Office P.O. Box 1067 Harrisburg, PA 17108 Heni-Iris Morehead -vs- James Barry Morehead PROTECTION FROM ABUSE 95-4415 Civil Dear Sir: Enclosed please find writ of Portee t ion From Abuse to be served upon James Barrv Morehead 2206 Swatara Street Harrisburq, PA 17108 in your County. Kindly made service thereof and send us your bill of costs and I will mail a check for same, or enclosed is advance costs which you request. Very truly yours, ",~ 1-V:~f R. THOMAS KLINE, Sheriff Cumberland County. Pennsylvania Enclosures: I -I ~ Ins: .....HBAR!Ng, !AT~I..._.S~~!!!~e~}3 . ':.?,?~ ./..' _ -l C_urt c. C_m.li_ol I .=-~ ...\ e:.J..._,~..I_n_ .., ......, .--.,/ --.",1 ,.., IJ" r' 'S:1r:~y '/:=nl:: Heni-Iris Morehead ...; .,-. James Bar.r~ Morehead ~c:. 95-4415 Civil ':) .-- ~cw, September 13 :s...2.L !. S~~:: O~ C=:'G:::?.!.}_'-t-:l CO~i{':',!. ?-\..,. :~ . . . . . - '- . =--1 =F":= ::.: := c: Dauphin C:=:y = =::::.:: =:s '.V:::., ., :== , , .--..--- -r---- \..:-- h~ . ---- - ~ . == -- .---- . . --- -- :=.:1: ci. :::: -=,..:_.:= ___I -....... '., . ....1 /' .". 'j~-/3jt..~- ~e...-~ :'! C:.::::r...::d. '=::':7. ...... .i. ___, _. _,... . ."'_::::1C:z:n:t or ;::~. ~~ , :Sow, ~g 0'.:......:' --- ',[. 1:-.":': ::~ ';"1= ~?,=::1 , .. .... ::-f . - =~.-: :.:: :L . Je_:-: c: = _~_l _.~- . == -...... - . c....-..w-: ::) :.:.: --.--- ..------ , , :.::.-::::. ~o :':::N=-_ ..--- c: C==:r. cc::.:..: ::~:: == ...:....----..:\"..:- ---- ---... ==.:......~t:c::: s =:~-=:=: !~- ~~ ':' 1.(::: ;~..J..'.,~ ------. s ,- '-" PR<n'ECTION PROM ABUSE SHERIFF'S INFORMATION ~~ Case Nue: JtUJ8SIbl./f\ I ~; -/nsvs. /A.A.lJ~. Plaintiff Defendant NO.~- t../4I~ CIVIL TERM Hearing Date: ~. ~ ..;l-3 Judge OIe:12- in Courtroom NO.::5:. Legal Services staff contact (243-9400): ~ -I.~/US at II: 3d ,4o.m. DEFENDANT'S SERVICE ADDRESS(ES) Method of Service: l!:... Personal on ly Other: HOME: &'dO<O Sc..u+r!1fPfI s:r- ~RK: 1JYr:gr- Phone: Phone: Shift: Other: Phone: Gender: ~ DESCRIPTION OF DEFENDANT . Race: CAucAso4Y\ Height: S' 8'/ Weight:_ Il:;a Hair: ~~ h/~ Eyes:, ~. Distinguishing features:. I~{'"t- ~ - MINU-S ~ ~~ .2 au.~ ~ Ai- 1$ .:p'u--Jf- TERMS OF TEMPORARY PROTECTION ORDER A Exclusion/lltay /.WfIf:I SPECIAL INSTRUCTIONS: , ~ Temporary CUStody M- Weapons Confiscat ion , ., .j!::"iC''ISWi'''''' . ". .. "..,,::;J~,')'{;~~lt:\d'". . .. ..... ~. ,.",',. ',' . .'... ; '. _' - ',' . -.' . i. ' held In order to ob~n a linel Protection ,/18 an alwrnatlve,you may consent to the entl'7 of the final Protilcdon' order.to be In .' ,. '.\ - " .. .'. -.-' . --'.., . A'iD.'enOCtforcme year. Ilyou are wiWDg to oonaent you should call Legal SerriCee,. Ine. .in ' ,,' '~'~~/--!:;1~:.>;/\'-~-:'_:".,- " . '. - '. ',,' ""." ...._"::.<;;.---<~::.,..,~.--;,.. :i)\fiiUa1e';&t2439i~ 7~75 fl'Olll the West Shore or 530-s8G6'1'OIII8hiRPenabur..'.....d...t..i.,.>, .~ 1,;J:f~~~!f;._~~t~};r~('-:-:'::,~-;_",~._-c'.'." -', .' _ ""_ '~;"':_ " , : '" . ,. ;'. ,- ,:, ','; '__""',':,..' '- .!' ,-c',::_:.',:;' ,;,,:--:",' 'ki.~\,i... tosi>>eak i to the' staff person handUng the. case about a Consent Ag~t. " , '.~-",- - ~j-'.J_--' : "i '. , The Consent Agreement should be prepared, before the time scheduied for the hearil)gi '};'~~~*:~,i:-~\-i;;:~>-:.'\.,-_:>.~I'_.~' ,: .'",'" ,'" . ..... ....... :' ,>'.., . . '_ ." .,~t tl~;~~~~cqurt will. know aheadortimfjthat.the case \ViII not~eccin~eated. ... In. ~lll"J~llIea,/,?;?'i.'/.! ~)t!;~a~~~II.J~l'whether' asettIem~nt ,bY' 6onsentAlre~ment haS.,~, reac~e~,:~h~'~~;Vi"....:{.1 ".;t\l~r,~p~oarJh court at the, thne scheduled' for 'hearing.' If thecaaeisuncOrit~~~i:,:thj\f, \'.:V,~i t\".,~>,~:,:" .::,;'d,"',',_'_ ','" -, ,.",') "',, ._',"""':' "";,'"A.':""'::_.',,,:,:-':'_';,,<~,,':::":':,,:<"!~,I : uttllppearance ' will be briel. 'Thejudle will ma1teaurethepartieaundets~d;th8';<:,'::.;;;,i' .}i,~'..:'\'~:,r:;,-,:"/:,':" ";',' .- -: ':"',,': ,,'.' " .' "':'-:'-'-_~:;::-__' : ,- '.' \," .,:_,-/" . .'. ,:::,);~c;:":' '-'-,-:::.:,:':,-)t'/-:;.-,:~::':':'::;:":':\::':;':',:",: "con$entrAsreement and final Protection'Orde,t. , .,'i;":~':;''':j;>.;,'<':''1 ~::1f, :.:",>'~,~~'.>~"~:':, ~.:;.- _ :.' ,_ ,'_ ,- ,'" , ,.-",; \' (' ",.:.,.' - " ',,' :'~: .:'{i:.._ _ -', ~"':'" ,,:'~':'.;f_':':-<':_; ,-._;_:,>:, i"';7~~>.-:.:-,;::.~~,,;f.:,W"<:\~>'{<i~:';',-_\,,' i;,\<']f you' do not alreti to ,the entry of the finalProtectiOnOrder,acontested,;hearilll'WW " J.~_:,:,~:::,~?>::;j-:"-->~. - ~:,'. c ~. ", ',:.: '<- 'd'" :.~" ", -' :':,:." .'_ ': " "_""~"'~ _ --." ;:;,.:_:,,",,'::_,: ~~/ "_~;~ >_:- <-"':7 .,-_-,:', , " ,"';:;:,;:\~~ ~(-:':;>t -:~t:~ ;:::;"';--:';}:~_~\':0,?i':'i~:-~'):<::.1 c,. 'JF{i;j1~~:);l~eatth~BchedUle~ Ume. Whenafiriai Protection ,Qrderi!..eri.t,.r.e~;.i(~i,~',#ilir;or.,,;~;' i I>'f'':'~'','', -^"~'''''':''::-'-'_, ' ,,- ,,'~. ,,' - ' ", . . It;t~~:'~:~siven"~ You; the plaintiff, and the appropriate pOU~e department.s. If you 'fall to ~bi~!,' by: . J}~{~~"i?f?~;"/;.,';"__'..,. ",'>,," ",". ,'-, '-;- , ,- " ,. ,,' . _, " "-" " : " ':,":~~;'; ,.",' :',"/' -#~fJ0~t~ete~oftheflnel Protection Order you will, be subject to Immediate arrest" and a fine or, :;f:,"'} '$100;00 to $1,000.00 and/or a jaii sentence of up to six months and other reUef. ~~;;"';'~\~~~i~:if~;'i;'"},;,:,,,~; ;'.":;;:'. : .::0:./..<, .'...', .;'... p~~~...,~,;~~ts,t;..,'i..,!,.;c~:;,\i,~:.,~;;,',.~.,;:;)'}~:J..i;".!b'~{:-f'~";i.\ ii"i';;'\'<,'j',;'Jf, the :we iOea'ti) Iieaiina'aiid' the'jildiei'lrantll: a proteFUcin~Ordet,.(;~lirch8i.e",of,i ;,.; ,;' ",!;;:i -, );'}.,:'.,'. ,'... H' ,..' ".,... ",'" . . ..'..... " ,.,.....J,," ,;,..,.,'.',;.........,. """.'>".1 !Z?~':';$2S.00will be assessed agafnstyou.YoU I1I4Y also be required to pay attorney "f~es>to Legal . " j i~"n ser,v.lcea,' Inc. {or,\heir representation of the plaintiff. !7li~~I' .... YOU ,SHOULD TAKE THIS P~ER TO YOUR LAWYER AT ONCE. IP YOU 'db NOT HAVE A ~!;:~":LAWVER ORCANNOTAPPORDONB, ,0() TO()R 'I'ELBPHONE niB OPFICE SET,pQRri{BBLoW ~ .,,~ ... "'0 " . .. -, - \ , FIND, OUT wlmREYOU CAN'GET LE<)AL HELP. - _"'_~. n' " . " COURT ADMINISTRATOR, 4th FLOOR''';, CUMBERLAND COUNTY COURTHOUSE CARI.ISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 L:~.~".:~' , ,'.. HENI-IRlS MOREHEAD, Plaintiff for herself and on behalf of her minor child: ADAM MARC SORKIN. v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-4415 CIVIL TERM JAMES BARRY MOREHEAD. Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW. this ~eptember. 1996, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Heni-lris Morehead, and her minor child, Adam Marc Sorkin, now residing at 425 Pawnee Drive. Mechanicsburg, Cumberland County, Pennsylvania. are in immediate and present danger of abuse from the defendant. James Barry Morehead. the following Temporary Order is entered, The defendant, James Barry Morehead. (SSN: 204-36-1905)(DOB: 8/20/47), now residing at 2206 Swatara Street. Dauphin County. Pennsylvania. is hereby enjoined from physically abusing the plaintiff, Heni-lris Morehead. or her minor child. Adam Marc Sorkin. or from placing them in fear of abuse. The defendant is excluded from the plaintift's residence located at 425 Pawnee Drive, Mechanicsburg. Cumberland County, Pennsylvania. a residence which is jointly owned by the parties, and the defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff or her minor child including. but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives. or the plaintiff's minor child. The defendant is enjoined from entering the plaintiffs place of employment or the school of her minor child. The defendant is enjoined from removing. damaging. destroying or selling any property owned jointly by the parties or owned by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. g6113; II) a private criminal complaint under 13 Pa.C.S. g6ll3.I; iii) a charge of Indirect criminal contempt under 13 Pa.C.S. g6114, punishable by Imprisonment up to Sill months and a fine ofSIOO.Oo-SI,OOO.OO; and Iv) civil contempt under 13 Pa.C.S. g6114.1. This Order shall rema:n in elTect until modified or tenninated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of hann to the plaintiff. A HEARING SHALL BE HELD ON THIS MA TIER ON SEPTEMBER& 1996, AT /1: 36 /r .M., IN COURTROOM NO..? OF THE CUMBERLAND COUNTI' COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sherift's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees. 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 Hampden Township Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney. 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. fi6113), By the Coun, /~ J ~ dffiJ--: Judge TRUE COpy FROM RECORD In Testimony whereof, I here unlo set my hand and the seal of sa~d Court at Carlisle, Pa. This. 13'1~ day 01 ;!~t ~ 19 9& </.~A'~ - ~ k'F1 Prothonota~ Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff Roben B, Lieberman Attorney for Defendant HENI-IRIS MOREHEAD, Plaintiff for herselfand on behalf of her minor child: ADAM MARC SORKIN. v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 95-4415 CIVIL TERM JAMES BARRY MOREHEAD, 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. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order. a surcharge of $25.00 will be assessed against you, You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot alTord 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 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court. please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. HENl-IRlS MOREHEAD, Plaintiff for herself and on behalf of her minor child: ADAM MARC SORKIN. v, : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : NO, 95-4415 CIVIL TERM JAMES BARRY MOREHEAD. Defendant : PROTECTION FROM ABUSE f};TITJON FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT,:zJ Pa.C.S. 16101 et seq. A. ABUSE I. The plaintiff, HENI-IRIS MOREHEAD. is an adult individual residing at 425 Pawnee Drive, Mechanicsburg. Cumberland County, Pennsylvania 17055, 2, The defendant. JAMES BARRY MOREHEAD. (SSN: 204-36-1905)(DOB: 8/20/47). is an adult individual residing at 2206 Swatara Street. Dauphin County. Pennsylvania, 17104, 3, The defendant is the husband of the plaintiff. 4. Since approximately January. 1995. the defendant has attempted to cause and has intentionally, knowingly. or recklessly caused bodily injury to the plaintiff and the plaintiffs minor child. has placed the plaintiff in reasonable fear of imminent serious bodily injury. and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff and her minor child. under circumstances which have placed the plaintiff and the child in reasonable fear of bodily injury. This has included. but is not limited to. the following instance of abuse: On or about September 7. 1996. at approximately 8:30 a.m.. the plaintiffs 17 year-old son. Adam Marc Sorkin. alerted her that the defendant. who has not resided at the residence since approximately August. 1995. was inside the house. The plaintiff telephoned 911 for help. While she was waiting for the police to - ..~- ...... arrive, the plaintiff could hear the defendant beating on the door knob with a crow bar trying to gain entry into the main part of the house. When the Hampden Township Police arrived, the plaintiff discovered that the defendant had broken several pieces of collectable glass and other household items and had boxed up articles to remove them from the house. As Adam tried to put the boxed items away, the defendant shoved him. The defendant threatened the plaintiff saying. "I'm going to take you down; you'll live to regret this; you'll be sorry." The defendant also threatened to come back to the house and sever the telephone lines so the plaintiff could not call for help and to cut utility lines. The defendant was removed from the residence by the police, Approximately 15 minutes later the defendant returned. drove into the driveway, threatened to ram his van through the garage door, and threatened Adam saying, "I'm going to kick your ass." The defendant then repeatedly punched his fist through the glass windows of the garage door next to Adam's head as he moved to avoid being struck by the defendant. The plaintiff telephoned 911 for police assistance again. but the defendant left the premises before the police returned. The plaintiff contacted District Justice Farner at the police's suggestion and an emergency Protection Order was issued over the weekend for her protection. The defendant was excluded from the residence through the above-captioned Temporary Protection Order entered on August 18, 1995. An Order for Continuance was issued on August 31, 1995, continuing the matter generally. and the Protection From Abuse action expired on August 31. 1996. See Exhibit A. attached and incorporated as reference. 5. The plaintiff believes and therefore avers that she and her minor child are in immediate and present danger of abuse from the defendant should they remain in the home without the defendant's exclusion and that they are in need of protection from such abuse. 6, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff or her minor child including. but not limited to, telephone and written communications, 7, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives or her minor child. 8. The plaintiff desires that the defendant be restrained from entering her place of employment or the school of her minor child. 9. The plaintiff desires that the defendant be enjoined from removing. damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. B. EXCLUSIVE POSSESSION 10. The home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of Heni-Iris Morehead and James Barry Morehead. The defendant has resided with his mother at her residence at 2206 Swatara Street in Harrisburg since approximately August. 1995. II, The plaintiff desires possession of the home so as to give the greatest degree of continuity to the life of her child and to allow him to continue his education at his school and to continue his school and social activities. C. LOSSES AND REIMBURSEMENT FOR COST OF CASE 12, The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit B attached. 13. The plaintiff asks that the defendant be ordered to pay 5250.00 to Cumberland County, one of Legal Services. Inc.'s funding sources as reimbursement for the cost of litigating this case, and that the defendant be assessed the 525,00 surcharge and any court costs if the case goes to hearing. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976.23 P.S. ~6101 !:1 Sil., 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:" I. Ordering the defendant to refrain from abusing the plaintiff or the plaintitrs minor child or placing them in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or her minor child including. but not limited to. telephone and written communications; 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives or her minor child; 4. Prohibiting the defendant from entering the plaintiffs place of employment and the school of her minor child; 5. Prohibiting the defendant from removing. damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff, and 6. Granting possession of the home located at 425 Pawnee Drive, Mechanicsburg. Cumberland County. Pennsylvania. to the plaintiff to the exclusion of the defendant. and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a final order in this matter. 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: I, Ordering the defendant to refrain from abusing the plaintiff or her minor child or from placing them in fear of abuse, 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or her minor child including. but not limited to, telephone and written communications. 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives or her minor child. 4, Prohibiting the defendant from entering the plaintiffs place of employment and the school of her minor child, 5, Prohibiting the defendant from removing. damaging. destroying or selling property jointly owned by the parties or owned by the plaintiff. 6, Granting possession of the home located at 425 Pawnee Drive. Mechanicsburg, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a final order in this matter; 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 B. 8, Ordering the defendant to pay 5250.00 to Cumberland County, one of Legal Services. Inc.'s funding sources as reimbursement for the cost of litigating this case and assessing the 525.00 surcharge and court costs to the defendant if the case goes to hearing. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff. pending a further order at the hearing. and that a certified copy of this ~ _p.r '- Petition and Order be delivered to the Hampden Township Police Department which has 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, P A 17013 (717) 243.9400 The above-named plaintiff, "enj.lris Morehead, verifies that the statements made in the above rClition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18Pa;C.S. ~904 relating to unsworn falsification to authorities. ~Jrm~J /4/W' - ~ . . Reni-Iris Morehead, Plaintiff IN THE COURT OF COHMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- 4&.JIS CIVIL TERM PROTECTION PROM ABUSE Y. James B. Morehead, Defendant ORDER FOR CONTINUANCE AND NOW, thiu ~ day of August, 1995, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on August 28, 1995 at 11:00 a.m. in Courtroom No. 5 1s hereby continued generally. This Order 1s entered without preJud1ce to either party to request a hearing. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. A certified copy of this Order for Continuance will be provided to the Hampden Township Police Department by the plaintiff'. attorney. By the Court, ORR, Lesal Services, Inc. Attorney for Plaintiff Robert B. Lieberman Attorney for Defendant TRU: ,;.. ~',' r-!',~~A ~ECtjRD In T ;i::,'"'' ...;. l~ :-- .,..... .." -y L'nd .. .. .._ ...,...... r:.. a::d .Ii: .:cai c: ':::.d COu!"t Jt ':ai;:~:J, Pa. This ...3.1.:4:.. day oL..,Q~,..., 19.~,f." EXHIIJI.'f..A......J~,....~.:.....]:;:' ~'lll>{~ }U~ . 'Prclhonolo/y AND NOW, this TEH~RY PROTECTION ORDER IS day of August, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Heni'Iris Morehead, now temporarily residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, James B. Morehead, the following Temporary Order is entered. The defendant, James B. Morehead, (SSN: 204-36-1905 and Date of Birth: 8/20/47) now residing at 2206 Swatara Street, Harrisburg, Dauphin County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Heni-Iris Morehead, or placing her in fear of abuse. The defendant is excluded from the plaintiff's residence located at 425 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is joint~y owned by the parties, but from which the defendant voluntarily left on or about August 15. 1995. The defendant is ordered to stay away from any residence the plaintiff may establish for herself in the future. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. // , 'f81 c .. .. , The defendant is enjoined from harassing and stalking the' plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment. The defendant is enjoined from removing, damaging. destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A violation of this Order ma7 subject the defendant to: i) arrest under 23 Pa. C.S. 66113; ii) a private criminal complaint under 23 Pa. C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and can be extended be70nd its original expiration date if the Court finds that the defendant has committed another act of abuse or,has engaged in a pattern or practice that injicates continued risk of harm to the plaintiff. A hearing shall be held on August, 1995, at //.'tlAJ ot,.m., this matter on the ,;28 ~aY of in Courtroom NO.~ Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. ./ . . .' The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, 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 Hampden Township Police Department will be provided with a certified copy of this Order by the plaintiff's attorney. 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 TRUE COpy FROM RECORD In Testimony whereOf, I here unto set my hand and t seal of said Coo at Calilsle, ~ ~~ ~? _ ~19..fL__ Prothonotary I'S/J. /tJ~/&J/h,~., Judge '" 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. g 6113). By the Court, HENl-IRIS MOREHEAD, Plaintiff for herself and on behalf of her minor child: ADAM MARC SORKIN. v. : IN THE COURT Of COMMON PLEAS Of : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-4415 CIVIL TERM JAMES BARRY MOREHEAD, Defendant : PROTECTION FROM ABUSE OUT-Of-POC.KET LOSSES The plaintiff requests that the defendant reimburse her out-of. pocket losses, including but not limited to the following: Any and all costs related to property damage sustained as a result of the incident on or about September 7, 1996, (The repair bills and costs for the total amount of damage has not been assessed in full as of the filing ofllais petition). Replacement of door knob Installation of new door knob 510,00 SII.OO S. EXHIBIT B SHBRIFF'S RETURN - NOT FOUND CAS~ NOI 19?5-04115 P CUMMUNW~ALTH UV P~NNSYLVANtAI GUUNTY UV CUMU~RLAND MUR~:m:AO 1l~:Nr- {RIB VS. MUR~Il~;AD JAMI::S B R. Thomae Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the with1n named defendant, to wit: MOREHEAD JAMES B but was unable to locate Him in his bailiwick, He therefore returns the PROTECTION .RUM ABUSE TEMPURARY PROT~CTION ORDER NOTICE AND PETITION NOT fOUND . as to the within named defendant MOR~IlEAD JAMES B DErT. WAS SERVED BY DET, CLAY ON 9-27-96 AT 1:15 PM AT 125 PAWN~~ DR" MECHANICSBURG, PA 17055. .' Sheriff's Costs: Docketing Service Affidavit Surchar?e So 18.00 .00 .00 2.00 '" 2To."lm" 00/00/0000 Sworn and subscr1bed to b~fore me th1S 3o!!: _ day of (]J~ l':l~<r-_A,[l, (\ ~ Q )'l..... D ~-.., ~~~ ~ l'othoiV:itar~- -- (FlC~ cr .... ~,~\,,!"fF DCIP':"'( SEP \'3 '3 21 f\\ 'S~ ., '..\- PE'.""" "'II' . ,i \'~,J i L't ,...l t~ " " ~ ., '"' ,) . 1 ) 0\ ...~ '. i :J , " ., , , , , , "...., " . LAW OFFICES OF " , :,,;::, ":',..,Y:,,":'" , ," "':"':"_'~"~,."_"':'~~-"':"":.,, '. .. .J I . 1 . H ~.~ .~_~ _' _ :' . :', I':):"~_;'~:;""~':~'~~.:_'~~.>:;/',i.::.',;'_:';~ GATES & ASSOCIATES. P.C.' ',"":""",r '.. < ,'. '",,~:,":';"i.,'; .! .' :'. " " 'j :~,:-:':.: .~>: .:',:." .: . . ,. ..:.:- . t:. ',<~'_~. ';.:~." :~~: ~ ~':;'.!~:j?_~~;a~ ~.~:::~;;:,~:~~~.:~.:.~.?~ ,~~~.} :.:~~:~: . ", " .,' "" ,toll~AN)Al).~tlloo.LnIOYNLI'fHHIY"Y~lraa. ,.,. . .';:,;,:"...,~.,~.' .'f..,...iI:......,.,._:~~l.,(_I..,<.,\'I.', ',;: :: . ': .:,~+.,.,.~~.. \::,'>,1'\ ~;".\'I~. ';':-;.~'-.J': "',,' .... I ',' . ,:. ':, ': :.\ ',":-~'.:: :'_'--~~':'~~I,:,~;;~:;~"J.i}t~iF{fy~~:}~':f.-:,.;~r'r;i5:".~~;~~::~'~~'*; ,,\,~)-:\:,":'.:J.i...~>::~~)..-.;'.::j.;:'~/:~f~~':':-,<~.". ~' : '. ,~ '...'. ..' '. ~i: '",' ~1:\''''1.';I.~~__:lJP.1h'f";~~~t';.''',)'~._;.t:J):.'/~.'J'' l~.:t; _~'~~,:r:-"'... " . ,-, ( Y~"~; . ..j" IIENI-IRIS MOREHEAD, PLAINTIFF for henelf and on behalf of her minor child, ADAM MARC SORKIN : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. 95-4415 CIVIL TERM VI. : PROTECTION FROM ABUSE .JAMES BARRY MOREHEAD, DEFENDANT PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: KINDLY enter my appearance on behalf of the Plaintiffs, HENI-IRlS MOREHEAD and ADAM MARC SORKIN, in the above-captioned matter, Respectfully submitted, GATES & ASSOCIATES, P,C, Dated: December J.l, 1999 usan Kay Candiello, E PA 1.0, # 64998 1013 Mumma Road, Su Lemoyne, PA 17043 (717) 731-9600 ,'>., t~ I~": t ,.-', c..< , .~,:.:.. . ~?' ~: L~_! C' C'J <\: C; ~ .) '~]j3 , ~~. ;',-..1 ,~ ,15:/ -,~": ,; Li; :":/~ -:j C,j :~.2 l;) -- i_ I, c.: (. , .... L: ..... (,~