HomeMy WebLinkAbout95-04725
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SUSAN D. HORANIC,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
FREDERICK S. HORANIC,
DEFENDANT
95-4725 CIVIL TERM
OPINION AND ORDER OF COURT
BAYLEY, J., February 16, 1996:-
On September 29, 1995, a protection from abuse order was entered by
consent In which defendant, Frederick S. Horanlc, was enjoined from physically
abusing plaintiff, Susan D. Horanlc, or from placing her In fear of abuse. The order
further prOVided that: "[d]efendant Is enjoined from having any direct or Indirect
contact with the plaintiff or her minor child. . ," and that: "[d]efendant Is ordered
to refrain from harassing. , . plaintiff, . , and her minor child," (Emphasis added).
Plaintiff lives with her minor child, Kimberly Eshbach, at 3603 Alberta Avenue,
Meohanlcsburg. On February 13, 1996, a hearing was held on a petition to hold
defendant In Indirect criminal contempt for violating the protection from abuse order.
On September 16, 1995, thirteen days before the protection from abuse order
was entered, Susan Horanlc drove up to her home with dog Buddy. Buddy, a Shelly,
had been given as a gift to plaintiff's daughter Kimberly, when It was a puppy. At that
time, plaintiff and defendant were living together. Buddy Is registered In Kimberly's
name. On September 16, plaintiff and defendant were separated but defendant was
at a next door neighbor's house. When plaintiff went Into her house, defendant
wound up with Buddy and has had him ever since.
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, 95-4725 CIVIL TERM
Plaintiff asked defendant to return the dog but he would not. Subsequent to
< the entry of the protection from abuse order, defendant sent a message to Kimberly
that If she asked him for the dog back, he would give It back. Kimberly wrote a letter
to defendant asking that he return Buddy to her. Defendant then sent another
message saying, that was not good enough, and he needed to see her In person to
honor her request. Kimberly was not willing to do that. However, In court on
February 13, Kimberly asked defendant to retum Buddy. Defendant testified that he
was now not willing to return the dog without a joint custody arrangement. A custody
case for a dog Is not something this court Is going to get Involved in.
In Gerace v, Gerace, 429 Pa. Super. 203 (1993), a protection from abuse
order was entered enjoining Gregory Gerace from abusing, harassing, or threatening
. his step-daughter. Gregory Gerace then refused to return his step-daughter's
personal property to her. The Superior Court of Pennsylvania held that relief could be
awarded under the Protection from Abuse Act by ordering Gregory Gerace lito retum
[his step-daughter's) personal property where procuring It herself would potentially
subject her to danger." Defendant herein can best be described as a world-class
schmuck for refusing to return his step-daughter's dog to her. He has willfully
violated two of the provisions In the September 29, 1995, protection from abuse
order: (1) harassing Kimberly by refusing to return Buddy to her, and (2) Indirectly
contacting her In an effort to force her to grovel to get her dog back. For Kimberly,
who Is under an order of protection, to try to get Buddy herself from this lype of a
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trnnsfer of prnllerty (lursunllt to this (lllrngrn(lh 5111111 not he deemed n finnl
property set t lement ngreement.
6. The defendllnl Is ordured 10 st/lY IIW/lY from the pllllntlff's
residence locllled lit 3603 Alberlll AVenue, Mechllnlcsburg, Cumberlllml County,
Pennsylvllnlu, excepl for the limlled (lurJlClse of trllnsferring /lgreed UJlCln
(lroperty on SlIturday, Septemher 30, 1995, from 9:00 11.01. until 6:00 p.m. und
on Sunday, October I, 1995, from 12:00 noon until 5:00 p.m.
7, The defendant is ordered to sIllY IIWIlY from any residence the
plaintiff ml1Y in the fulure estubllsh for herself.
8, Cnurt cnsts I1nd fees lire wnlved.
9. Thl s Order shnll rem/lin in effect for a per iod of one (I) year IInd
clln be extended beyond thllt time if the Court finds thl1t the defendllnt has
commit ted nn nct of abuse or hilS engnged In II pnttern or pract ice that
indiclltes risk of hllrm to the plllintlff. This order shill I he enforcellble in
the slime mllnner 115 the Court's prior Temporllry Protect Ion Order entered In
this case.
10. This order mllY suhJect Ihe defendllnt to: i) arrest under 23 PII.
C.S, g6113; il) a private criminnl cnmplnint under 23 Pa. C.S. g6IlJ.I; iil) a
charge of Indirect crlmlnnl contempt under 23 Pn. r..S. g6114, punlshllhle by
imprisonment up to six months nmlll fine of $100.00-$1,000.00; nnd Iv) civil
contempt under 23 I'll. C.S. g6114.1.
II. The IIl1mpden Township Police Ilepnrlment shull he provilled with II
certified copy of this Order hy Ihe plnintiff's utlonleY IIl1d mllY ell force this
Order by nrrest for indll'l.et crlminlll cOlllempt without wllrrnnl upon prohahle
cnuse thnt Ihls Onll!l' hilS he ell vlolnled, whelher Ill' 1I0t till! vlolnllon Is
cmmlllttCl! III Ihe 11l'I'SeIlC!! of the 1"11 ice offlc!!r. III the uvenl Ihlll 1111 IIrrest
pllllntl ff which she IIgrccs lhnl thc dcfcndllnt mllY use tempornrily wi II he
returncd to her Ilt the time of lhe prollcrty settlement resnlution In the
pcnding divorcc IIction or hy Oeccmher 31, 1995, whichcvcr comcs first. Any
trnnsfcr of propcrty pUl'/lUllnt to this pllrngrllph is not to be deemcd II finul
property settlemcnt ngrcement.
7. Thc defendllnt IIgrees to stny nWllY from the pllllntiff's residence
located lit 3603 Albertll Avenuc, Mechnnicsburg, Cumherland County,
Pennsylvllnia, cxcept for the 1 iml tcd purJlClSC of trllnsfcrrlng IIgrccd upon
property on SaturdllY, Septcmbcr 30, 1995, from 9:00 n.m. untl J 6:00 p.m. and
on SundllY, October I, 1995, from 12:00 noon until 5:00 p.m.
8. Thc defendant ngrecs to stay away from any resldcncc the plllintiff
may In the future estllblish for herself.
9. Thc defcndnnt understnnds thllt the Protecl ion Ordcr entcred in
this mattcr will be in cffcct for n period of one (I) year IInd can be extendcd
beyond that t imc If thc Court finds thnt thc dcfendnnt has commi tted IIn net of
abuse or hilS cngagcd In a pattcrn or prncticc thut indicates risk of hnrm 10
thc plaint I ff. The defcndllnt undcrstllnds thllt this Order will he enforcenhlc
In the slime manncr ns the Court's prior Tel1lporllry Prnlectlon Ordcr entcrerl in
this cuse.
to. Vlolution of thc Protect Ion Ordur mllY sUhjcct the defendnnt 10: i)
nrrest under 23 I'n.C.S. ft6113; i i) n prlvnlc criminlll complnlnt under 23
Pa.C.S. ft6113.lj iii) n chllrgc of Imtirccl crl l1Ii nil I contcmpt undcr 23 Pa.C.S.
ft6114, punishllhlc by imprisonmcnl up to six monlhs nnd n fine of $100.00-
$1,000.00; nnll iv) civil cnnlempt undcr 23 I'II.C.S. ft6114.1.
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v.
I N TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-4725 CIVIL TERM
SUSAN D, HORANIC,
Plaintiff
FREDERICK S. HORANIC,
Defcndnnt
PROTECTION FROM ABUSE
IoKYl'ION FOR CON'1'INUANCE
The plaintiff moves the Court for IIn Order rescheduling thc hellring in the
above-captioned case on the grounds that:
I, A Temporary Protection Order was issued by this Court on September
I, 1995, scheduling a hearing for MondllY, September II, 1995, at 10:00 a.m.
2. Thc cumberland County Sheriff's Department served the defcndant with
a certified copy of the Temporary Protection Ordcr and Petition for Protcction
Order on September 6, 1995, nt approximutely 3:32 p,m. at thc Cumberlllnd County
Sheriff's Department.
3. The defendant hilS retained Dnwn S. sunday of SUNDAY & SUNDA~ to
represent him in the matter.
4. The dcfcndant's counsel requested and the plaintiff agreed to a
cont inuance to facll itate negot iat ion of II Conscnt Agreement in thc milt tel'.
5. The plaintiff rcquests that the Temporllry Protection Order remain in
effect for a period of one year or until modified or terminated by the court
lifter notice or hearing.
6. A ccrtified copy of the Order for Continuance will be dcllvered to
the IInmpden Township police Depllrtment by the lit torney for the plaint I ff.
\\1IEREFORE, the pllllntiff rcquests that the Court grant this ~'otion ami
reschedule this mlltter for hellrlng, and thlll the Temporllry Protection Order
The defcndnnt Is cnjoincd from entering the pllllntiff's plnce of employment
nod the school of hilI' minor child.
^ vlollltion of this Ordcr IIlI1Y SUbject thc defendllnt to: I) arrest under 23
Pa,C,S, 66113; II) 11 priVllte crlminul COIllpllllnt undcr 23 Pa,C,S, 96113.1; Ill)
II chargc of indircct criminal contempt undcr 23 PII.C,S. 96114, punlshllblc by
Imprisonment up to six IIIOnths Imd II fine of $100.00-$1,000.00; III\d iv) civil
contcmpt undcr 23 Pa.C.S. 66114.1, Rcsumption of co-resldcncc on thc part of thc
plaintiff III\d dcfcndllnt shall not nullify thc provisions of the court order.
This Order shull rcml1ln in effect unt i I modified or tcrmlnated by thc Court
and can be extendcd bcyond its originnl cl'plrntion datc If the Court finds that
the defcndant hilS commit tcd an net of IIbusc or has engllged In II pllttern or
practice that indicatcs risk of hllrm to the plaintiff.
A hearing sh/l1l be hcld on this matter on the
/0'00 S.I/.
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1995, at '/!'!.I& a.m., In Courtroom No.1T, Cumherland County Courthouse,
/I (). day of September,
enrllsle, Pennsylvllnia.
The plaintiff may proceed without pre-paymcnt of fees pcnding a further
order aftcr thc hearing.
The Cumberland County Sheriff's Depurtment shall attempt to make service
at the plaintiff's request Ilnd without pre-pllyment of fees, but service mllY be
Ilccomplishlld under any Ilpplic/lblc rulll of civi I Procedurc.
This Order shall bc docketed in the officll of thll Prothonotary and
forwllrdcd to thc Sheri ff for service. Thc Prothonotllry shill I not scnd u copy of
this Order to tho defendllnt by mui I.
The lI/11n(xlcn Township Pollcc IllllJllrlmllnt will be provldcrl wi th u cllrti fied
copy of this Ordcr by the pllllnll rr's Ilttorney. This Order shill I bc enforced by
any I/lw cnforcement ugency where II vlollltlon occurs by urrest for indirect
."
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SUSAN D. 1l0R/INIC,
IN 111E coURT of COMMON PLF..AS of
CUMBERLAND COUNTY, pENNSYLVANIA
NO. 95-'( 7) 'f CIVIL TERM
plaint iff
v.
FREDERICK S. HORANIC,
Defcndant
PROTECTION FROM ABUSE
I!ETITION FOR PR()'ffl;'!'ION ORDER
RELIEF UNDER 111E PRCYI'F,cTION FROM ABUSE
ACT, 23 Pa.C,S. D 6101 at seq,
(}. ABUSE
I. The plaintiff, susan D. Iloranlc, is an adult individual residing at
3603 Alberta AvenUc, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2, 'The dcfendant I Frederick S. Honmic, (SSN: 191-40-8829) (Date of Birth:
1/13/50) I Is IIn adul t individual residing at stough'S Mobile Home Park, 204
Holiday Avenue, Mechanicsburg, cumberland County, pennsylvania, 17055.
3. The defendant is thc plaintiff'S husband.
4. since approximatelY 1988, the defendant has attempted to cause and
has intentionnlly, knowingly, o~ recklessty caused bodily injury to the
plaintiff, has placed the plaintiff in reasonablc fear of imminent serious bodily
injury, IInd has knowinglY cngaged in a course of conduct or rcpeatedlY committed
acts towurd the plulntlff including following the plaintiff, without proper
authorization, under circumstances which hnvc placed the plaintiff In rCllsonable
fcar of bodilY Injury. This 11IIs includcd, but is not limited to, the following
specific instllnces of nhuse:
II) On or about August 26, 1995, the plaintiff's neighbor,
concerned for the plaintiff'S slIfcty, contacted her to wurn the
I'lnlntlff that the dcfcndunt hlld told her thut hc was hnvlng the
I'ltdntlff's homc IInd her movements wlltched, und thut he was keeping
a log of hcr activities, Thc dcfendant also alllrmed thc neighbor by
saying, "she's my wife IInd she IIlways will bc; it's my house IInd it
always will bc, and' don't care who' have to hurt." Thc defendant
rcturned to the plaintiff's rcsidence on August 25th to pick up somc
of his possessions while thc plaintiff was nway and interrogated thc
plaint I ff' s daughtcr about thc pIa int iff. Thc plaint! ff fears for
her safety and thllt of her 15 ycar oid daughter by a previous
relationship,
b) In or about thc sccond week of Junc 1995, the dcfcndant
unexpectcdly rcturncd to the plaintiff's residencc, forcefuliy
grabbed her by the shoulders and repeatedly shook hcr and screamed
in her face causing her to fell I' for her safety,
c) On or about May 28, 1995, the defendant forcefuily grabbed the
plolntlff's shoulders from behind, spun her around with his honds
sti II gripping hcr shoulders, /lnd repeatedly shook her causing
soreness about hcr body. The dcfcndant thcn threw thc plaintiff down
onto the bcd whcrc hc restrained hcr by holding onto her shoulders
and screnming in her face cuusing her to fear for her sufcty.
d) Since the defendant hilS lcft the plaintiff's residence on or
about Mny 30, 1995, he hIlS rcturned on a dlli Iy bllsifl hnrassing and
intimldnting the plnlntlff cuusing hcr to fCllr for her safety.
e) In or nbout the Summer of 1994, the defendant grabbed the
plulntiff by her wrists und threw hcr to thc floor cnuslng her to
hit her heml nnd hnve swc II ing. Thc defcndllnt pinned the plaint I ff
to thc flolll' hy holdInl! her flhouldcrs with his hands IInd contInucd
10 scre/lm ul hcr.
f) Since IIpproximatclY 1988, the defcndant has on scveral diffcrcnt
occasions, pushed thc plaintiff, shllken hcr, pinned her in a chair
or against anothcr objcct, and grabbcd her by the uppor arms causing
bruises.
5, The pialntlff beileves and therefore avers thllt shc Is In immediate
and present danger of abuse from the defcndant should she remllin In the home
without the defendant's exclusion and that she is in nced of protcctlon from such
abuse.
6. The plaintiff desircs thnt thc defendant be prohibited from having
any direct or Indlrcct contact with the plaintiff and her minor child Inciudlng,
but not I imlted to, tclephone ancl written communiclltlons.
7, The plaintiff desircs that the defend/lnt be enjoined from harassing
IInd staiking her, IInd from harassing hcr relatives, and hcr minor child.
8. The plnlntiff desires that the defendant be restrained from entering
hcr place of cmployment and the school of her minor child.
n. RXCr.uSIVR POSSPA'lSION
9. The homu from which the plaintiff Is asking the Court to exclude thc
defcndant is owned In thc plnintiff's nllme. The defendllnt voluntllrlly left the
residencc on or about May 30, 1995, and has since established his own residence
which is loclltcd at Stough's Mobile Homu Park, 204 Ilollday Avenue, Mechanicsburg,
Cumberland County, Pcnnsylvania.
10. The pll1intiff desires possession of the home so as to glvo thc
grentest degreu of continuity to thu life of hor dnughter und to allow her to
cont Inuo hur educllllon at her school nnd to cont Inuc her school and socllll
IIctlvlt les.
C, A'ITORtmV I'fJ!S
II. Thc plaintiff asks thllt the defentlllnt be ordcred to PIlY rCl1sonable
attorncy fees to Legal Services, Inc,
IItIEREFORE, pursuant to the provisions of the "Protection from Abusc Act"
of October 7, 1976, 23 Pa.C,S. 9 6101 ct sell., liS amendcd, the pllllntlff prays
this Honorablc Court to grunt thc following rcl ief:
A. Grant II Temporary Order pursuant to the "Protection from Abuse
Act:"
I. Ordering the dcfendllnt to refrain from abusing the
plaintiff or placing her In fear of abusc.
2. Ordering the defendant to rcfraln from having any direct
or indirect contact with the plaintiff and her minor child
including, but not llmitcd to, telephone and written
communicat ions.
3, Ordering the dcfcndant to refrain from harassing and
stalking thc plaintiff nnd from harassing hcr relatives and
hcr minor chi Id.
4. Prohibiting the defendant from entering the plaintiff's
plllce of employment IInd the school of hcr minor child.
5. Granting possession of thc home located lit 3603 Alberta
Avenue, Mech/lnicsburg, Cumberlllntl County, Pennsylvania, to thc
pllllntlff to the cxclusion of the dcfemlllnt pending II finlll
order in this mutter.
6. Ordering the defendllnt to stllY /lWIlY from any residencc
the pl/linllff IIIUY in the future tlHtllhlish for herself.
D. Schedulc II hearing In IIccordllnce with the provisions of the
"Protection from Abusc Act," and, after such hearing, enter nn ordcr to be
in effect for a period of one YCllr:
1. Ordcring the defcndllnt to refrnin from nbusing thc
pllllntiff or plllclng hcr in fellr of nhuse.
2. Ordering the dcfendant to refruin from having any di rect
or Indirect contact with the plaintiff and her minor child,
Including but not I imlted to tclcphone and wrl tten
communications.
3. Ordering thc defcndant to refrain from harassing nnd
stalking the plaintiff nnd from hnrassing her relatives and
hcr minor chi ld.
4. Prohibiting the defendant from entering the piaintiff's
placc of employment and the school of hcr minor child.
5. Grnnting possession of the home locllted at 3603 Alberta
Avenue, Mechllniesburg, Cumberland County, Pennsylvania, to the
plllintlff to the exclusion of the defendllnt.
6. Ordering the dcfendant tu stay nway from any residence
the plaint Iff mny in thc future estnbl ish for hersel r.
7. Ordering the defcndant to pay rensonllble nt torney fecs
to Legl11 Scrvices, Inc.
The pinint I ff further nsks thnl this Pct i t ion be filed nOli served wi thout
payment of feel; nntl costs by the plllint iff. pending a further ordcr nt the
hcnrlng, IInd that II certified copy of this petition nnd Order he delivcred to the
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R, THOMAS KLINE
Sherllf
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RONNY R. ANOERSON
Chlel Deputy
HORACE A, JOHNSON
Solicitor
AUDREY Q, ADAMS
Rea' Estate Deputy
OFFICE OF THE SHERIFF
Court House
Carlisle. Pennsylvania 17013
February 8, 1996
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Lawrence E. Welker
cumberland County prothonotary
Carlisle, Pa,
SUBJECT I Civil Subpoenas
2.
Frederick Horanic
8.96
7.84
1.
95-3830
/95-4725
Civil
Civil
James Bennett
Total
$16.80
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Sheriff
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SUSAN D. HORANIC,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBBRLAND COUNTY, PENNSYLVANIA
v,
95-4725 CIVIL TERM
FREDBRICK S. HORANIC,
Defendant
CHARGB: INDIRBCT CRIMINAL CONTBMPT
COMMONWEALTH'S PETITION FOR A TRIAL ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Thomas A. Placey, Senior Assistant District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on charges of Indirect Crilninal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The defendant's violation of this Order is averred in
the attached police report from Sergeant Richard Kopko, of the
Hampden Township Police Department.
3. The taking of the Shetland Sheep dog is a violation of
paragraphs 6 (stay away from the residence) or paragraph 5 (not
to remove property) of the Court's Order.
4. The victim requests the return of the dog or the filing
of an Indirect Criminal Contempt charge upon information
received.
S. The District Attorney's Office approves the requested
filing of this private criminal complaint.
6. The Commonwealth is requesting a Rule to Show Cause why
the dog should not be returned or a trial on the charges of
Indirect Criminal Contempt pursuant to 23 Pa.C,S.A. ~6113.
WHBREFORE, the Commonwealth requests that a Rule be issued
upon the defendant or a trial set on the charge of Indirect
Criminal Contempt.
District Attorney
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I I'll II 'i fer or prl1J1l'I'lY J1l1rsll/1l1t III Ihh J1l1rllgrllJlh shill I 1101 Ite cll'cmeclll fill/II
property sl'lI lellll'lIt IIgreellll'nl,
fi. The ,Il.rellcllllil h I1rcl!'rl'cI III sIll)' IIWII)' frolll the plllilll iff's
resiclellce Im:lIle,1 III .11>0.1 .,llhcl'll' lIvell'w, \Iechllllksburg. Cnmherlll,"II'l1llfll)'.
Pellnsylvllnlll, exceJlI 1'111' lh,' lilllill'cI PIII'(1('Sl' llf Irllnsfe,'rillg IIgr"erl UpOIl
property Oil SlIlIII'lIIlY, SI'ptemher .10. 1'1"5. from '/:llO 11.11I, 11111 i I (,:llll 1'.11I. IInrl
011 SumlllY, Ocloher I, I'J(I~, frllm 12:0n 1101111 ulII i I ~:OO p.m.
7. The rldt!lllllllll h ol'llered 10 SIll)' IIwny from III1,V resirlellce lhe
plllintiff mllY III tbe fntun' .:,tllhlisb for herself.
R. Courl cosls nllcl f"I" lire wn I vecl,
9. This Orrler shill I relllnin ill effect for II period of olle (1) yellr 1111<1
CIIII bc extended beyolld thlll time I f the Courl finds thl1t the rlefendlllll hilS
committed IIn nct of nbusc or hilS l'ngllgerl In II pnllern or practice thnt
il1lliclltes risk of hllrm to the plnillt iff. This Order 5111111 be ellrorcenbl" III
the slImc mllnner ns the Coul'l . s prior Templlrllry Protection Ordl'r elllel'l'rI in
lhis casc.
10. This Order mllY sllhject the rldellrlllnt 10: I) IIrrest limier 23 I'll,
C.s. ~6113; I I) II privnlc erlmll1nl el'mplllllll ullder 23 Pn. (\S. ~1l11.1.1; Iii I II
ch/lrge of irulln'ct crlmllllll <:nnll'lIIpl unrler 2.1 PII, r..s. ~1l114, punlshnbll' Ity
IlIIprisonmenl up to six month, 1I0cl ,I fille nr $lllll,IlO-$I,OIlO,Oll; nllcl Iv) !'ivi I
COli tempt IIncler 2,' I'll. ('.S, ~I,II.\,1.
I I. The "nmprlell Towllship i'lll il',' 1lI'I'lIl'lllll'nl shill I Ill' pl'lwiclerl wi Ih '.
certifle,l copy Ill' lhis Onil'r hy Ih" 1'1111111 ifr's IIltorlle)' IIncllllllY ellforce Ibi'>
01'''''1' hy nnest 1'111' i,ulin'!'1 crilllinlll l"lIflI"lIIpl wllhllut WIII'l'1I111 111'"11 prohllhlo'
,'/lUSI' Ihlll Ihh Orcler blls 1"'('11 viollll"II. \\111'11",1' Ill' 11111 Ih" viollll il1l1 is
Clllllllllllecl ill IIIl' J1r"sellc,' 111' 1111' i'"l iel' Ilffil'('r, III Ihl' el,'1I1 thlll 'If'III'"".,1
,
plailltirr whit'h,11l' IIgre!." Ihllt the t1ef"1l111l1l1 11I11)' list.' 'l'ml~"rllrll)' will he
relllrtll'<1 III Ill'r III llll' lilliI.' llf the prllperl)' sell I<'lIIelll n,,"llllioll III Ihe
pel1l1 i IIg ,I h'lll'CI.' IIcl i 011 Ill' hy l1ecemher :II, I r)lJ~. wh I c1l('v,n cOllie' f i rsl. ^"~.
I rll1lsfer nf 11I'nlwrly pllrSllllll1 10 lhis pllrngrnph Is 1I11t III he deemed II filllll
pmperl)' selll"IIIl'lIt IIgrl.'elll"llt.
7. The defl'lIdnllt ngrecs tn sIll)' IIwny frlllll the pllllllliff's residellce
Incnted nt :lfiO:l ,\Ihertll ,\Vellue, Mecbllnicshurg, CUlllherl1ll1l1 rnullty,
Pcnllsylvnnin, e~cept rnr the I llllitell purpose nf trllllsfl.'rring IIgree,1 upon
properly on snturdny, September 30, 19q~, from '1:00 11,11I. 11111 i I fi:OO 1'.01, 111\(1
on Sundn)', Odoher I, Ir)lJ~, from 12:00 nonn unl i I ~:OO p.lII.
/l, 1'111, llcfelllllllll ngrees to stny IIWIIY from 11I1)' n'sidellce III(' plllintiff
mllY in the fllture cslIlhl ish for herself.
9. The defcndnnl uncll.'rstnmls thnl lhe Protect ion Order cnlercll in
this mnlter wi \I he in ,.rfecl f,)r n period of one (I) yenr IInd cnn he extended
beyond thllt I im" if the rnurt finds thnt the defendnnl hns clllllmi lied nn 'let of
IIhuse 01' hilS engllged in II pnllern or prllet ice thllt inllicllles risk of hnrrn tn
the plaint i rf. The defendllnt underlltllnds lhnt this Onler wi II he ,'nfnrc!!nhle
In thc slime mnllnl.'r /IS the ('ourl's prior TClllporllry Prnt,'cllon or<lcr e/llererl in
lhis Cllse,
10. Vinllll inn of' the l'rnlectlon order 11I11)' suhj,:et the dL'f'endllnl 10: i)
IIrresl under 2:1 1'11,(',1', ~hll.1; i i) /I prlvlIll' crilldllnl cOlllplllinl under 2,1
plI.r.s. ~hll.1,1: liil II dlllr!\" of inllln,el crimilllll 1.'011 I l'IIIP I lIllller 2.11'II,(',S.
~(iI14, pllllishllhll' h)' illlpr I sonllll.'nl up In six nllllltllS /lnll II ri1l1' or $11111,110-
$1,000.00; 111111 Iv) l'ivi I <'llllll'mpl uIlII,'r 2:1 i'1I,c',S. ~(,I \4,1,
Hampden 'lbwnshlp
Board of Comml88loner.
Melvyn C. Plnkelsleln. flresldenl
lSobell SIDlhn~. VJcol'rcsldcnl
John V. Thomns
James E. Rendler
Nevin W.I'unk
TDWIlehIJ) ManogC'r
John E. urndley, Jr.
On 11/30/95, Sgt. Kopko received a telephone call from one of District Justices'
secretaries (Deb). She stated that Susan HORANIC was in their office wanting to file
civil charges on her husband to force him to return Mrs. tnRANIC's daughters dog. The
daughter, Kimberely, is the step-daughter of mr. IDRANIC.
Deb stated that Mr. Farner felt that this should be a criminal "theft" case. In a
civil case they would only be able to obtain a judganent monetarily. I told Deb to have
Mrs. IDRANIC cane over to our station and I would handle it as a "theft" case.
On 12/01/95, Mrs. IDRANIC came to the Hampden Township Police Department and reported
the following:
Susan D. tnRANIC
3603 Alberta Ave.
Mech.. Pa. 17055
H- 732-7256
w- 657-3060
Husband- Frederick s. HORANIC
209 Holiday Ave. (stoughs)
Mech., Pa. 17055
w- Navy Depot 790-2315
Daughter - Kinilerly (Age 15)
"
A couple of weeks prior to Labor Day, the IDRANICS separated. During Labor Day week-
end he was served with a PFA order, Throughout the month of Septanber, Mr. HORANIC was
rroving his property out of the residence on Alberta Avenue.
The first week in October Mr. tnRANIC stopped by the residence to get some more of
his property. K:lniJerly's dog, a Shetland Sheepdog, ran over to him and junped up in his
arms. Mr. OORANIC stated that his wife was just driving away and he did not want to leave
the dog alone in the yard, so he took it.
BlISIC PIUlLEM: Mrs. Horanic states that the dog was bought as a birttx'lay gift for Kinilerly
when she turned 12, The dog cost $350.00. Kimberly contributed $50.00 towards it.
The dog is registered to K:lniJerly, however Mr. Horanic bys the license in his nane.
He claims the dog is the femily's dog. He's the one that trained it the most. He wants it.
D.Jring this separation, there has been written correspondence between the Horanics.
At first Mrs. Horanic offered at the end of one of her demands that Mr. Horanic could
keep the dog if he \\QuId allow their new puppy to stud with it. Mr. Horanic refused.
Mrs. Horanic also offered that Mr, Horanic could have the dog one week a month. His answer-
he wants every other week. The last I'oUrds from Mrs. Horanic was that she did not want
any settlanent about the dog - no joint custody. She wants the dog.
\.
2:1ll S. Spllfllnllllllll\llilll ~h'l'hilnll'~lnl/ll,I',\ 1711"",;111117 1717171l1.1I111I I'^X: 17171 7111'7~t17