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HomeMy WebLinkAbout95-06112 . ;I '" ~~c ~.. .~ ;~j~O ~t~~-_\:j~-, - - ~~~l~,~ b," l~'1 ~"".:"" " 4,':L:-."", $~~::;,~. --""J'" ~{~. . -0;:,0'. . ~'~;-';- n ~ - ., . 'U) cr . (.) '< LINDA ANN ORRIS, Plaintill' IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLY ANIA v, NO lJ5-Cl112 CIVIL TERM RonERT J. 1I00YER, JR, Delcndanl CUSTODY CUSTODY ORDER "t AND NOW, this ,_to day of Decemher, 191J7. upon consideration ofthc parties' Consent Allrecmcnl, Ihe followinll Order is entered with regard to cuslody of Ihcir child, Samantha Joscphinc lIoovcr L Thc partics shall sharc legal custody of the child 2, The 11l0ther shall have primary physical custody of the child, ), As long as the tat her mainlains sale, clean and slahle housinll to accommodate the child, he shall have panial cuslody ofthe child on ahel1lating IVt.'ekends li'ol1l Friday al 6:00 1',111, unlil Sunday at 6:00 pm. one day each week (10 he llIutually allr~'Cd upon by Ihe pal1ies) Irom 5:00 P,IlI. unlil8:30 pm, and at other tillles llIulually allr~'\.-d upon by Ihe parties, 4, The parties shall ahemale the Ibllowing holidays Irolll noon until 9:00 1'111: New Yeal's Day, Easler, MelllOlial Day, July 4th, and Lahor Day, The lalher will hegin the holiday schedule with New Yea~s Day in ll)<)ll 5 Thc partics shall share Ihc Thanksgivinll Day holiday with the lilthcr ha\;ng the child li'OII14,OO pili untillJ.oO p In Cl The ClII;stlllas holiday shall he shall-d by the pal1ies on an ahel1lating hasis each year, onc parent hal;ng thc child on ChriSllllllS Eve IhulI h 00 P 111 until rlllistllllls DllY 81 I 00 pili and the other parcnt having the child on Clllisllllas Dayal 1.00 pili unlil <)00 pili Ilowevcr, if D~'CClllher 26th lalls 011 a wL'Ckend day in yelll's the tilt her has the child on DL'Cemher 251h, or if he tillS DL'CelllhL'f 261h 011' fnlln work, hc lIIay kl'Cp thc child ovcl1light and rclum hcr to thc mothcr at 100 pm onthc 261h Thc Ihthcr shall havc thc child on ('IlIistllllls Day fimn Il~) p.11I. until9()() pm in 1997. 7. 'f11C fhthcr sludl lulVc 0 lilllr hour pcriod of partial custody wilh thc child on her birthday each ycar allimcs lIIulUlllly IIgrcl\lupon hy thc panics 8. Thc fhlhcr sholl havc Ihc child on Fathcr's Day fillln I ().(~) 11m unlil (, ()() Pili., Rnd thc 1II0thcr shall havc thc child on MOlhcr's Day If thc child is in thc lathers care, thc child shall bc translen-oo to (he lIIother's carc at JO(~) a m 9. During his Jlcriods of panial cUSlnuy with thc child thc lathcr shall nOI altcr her appearancc H& get thc child's hair cuI, havc the child taltocd, or picrcc thc child's car or any other plll1 of her body) withoutlhe wriltcn pcnuission ofthc lIIothcr 10. TIIC lathcr shall providc trnnsportation during his ftcriods ofpartiall'llstody II, TIlc parties shall nol usc lI!cohol in cxccss during pcriods of partial custody with the child, 12, Each pany shall cnler into individual counscling with a ccr1ified therapisl to address issues including, bUI not Iilllited 10, substancc abuse, angcr monagcmelll, and parenting skills, Thc palties shall follow Ihc recommcndations ofthcir thernpist and rcmain in cuunsclinglhr allcast six (6) lIIonths or nntil rclcaSl.'lI by their thcl1lpisl. Veriticllliol1 of IIltcndancc lIIay Itc continned through partics' counsel, 13, The lIIolher and lathcr, by mulual agreclllcnt, lIIay valY filllnlhis schedulc 01 any tillie, but thc Ordcr shall remain in ellect unlil fiuther Order of Court 14. The partics shllll notify the other llf allmediclll cllrc Ihe child reccivcs whilc in their carc. Elich parent shllll nolily the othcr immcdiately of medical cmcrgcncies which arise while Ihe child is in that pllrenl's care, LINDA ANN ORRIS. l'laintitf IN TIlE COURT OF COMMON I'LEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO 'lS-ClI12 rlVIL TERM 1l0HEIlT 1. 1I00VElt. JIt. Derendant CUSTODY CUSTODY AGREEMENT This Agreement is enlered on this ~_~ day or December, 1997. by Ihe plaintin: Linda Ann Orris, and the defendant. Robert 1. lIoover. h Tbe plainlil1' is represented by Joan Carey of LEGAL SERVICES. INC, the defendant is represented by Gail C Calderwood. Certilied Legal Intern and Thomas M, Place. Allorney at Law. of the Family Law Clinic The parties agree that the following custody schedule ror their child. Samantha Josephine lIoover, may be entered as a Custody Order. a) The parties will share legal custody of the child. b) The mother will have primary physical cuslody orlhe child, c) As long liS the tilt her maintains sare. c1eanllnd slable housing 10 accommodale the child. he \\111 have partial custody ofthe child on alternaling weekends from Fliday at hOO pm until Sunday lit h.OO pm. one dllY each week (to be mutually IIgrL't.'1.lupon by the plUlies) limn S 00 pl11 unlil 8JO pm.. and at other times l11ulUlllly IIgrL'Cd upon by Ihe pllrties d) The pllrties \\111 IIltemale the lollowil1g holidays Ii'olll 1100n until I):O() p,m.: New Yeur's DIlY. Ellsler. Memmilll Day. July 4th, IIl1d LlIbor Day, The tiuher will begin the holidllY schedule with New Yem's Day in 11)98. e) The parties will share the Thanksgiving Day holiday with the father having the child from 4:00 p.m, unIi19:00 pm. f) The Chrislnl8s holiday will be sll8rcd by the parties on an alternating basis each year. one parent having the child on Christmas Eve HUIll 6:00 p.m. until ChristJl\8S Day at 1:00 p.m and the luher parcnl having Ihe child on ChrislJl\8S Day at 1:00 p.m, until 9:00 p.m, Ilowever, if December 261h falls on a weekend day in years the father has the child on December 25th, or if he has December 261h on' from work. he may keeJlthe child overnight and return her to the mOlher al 1:00 p,m. on Ihe 26th, The father will have the child on Christmas Day from 1:00 p.m. until 9:00 p.m. in 1997, g) The father will have a lour hour period of partial custody with the child on her birthday each year at times mutually agreed upon by the parties. h) The father will have the child on Fathcl's Day from 10:00 am, until 6:00 p.m., and the mother will have the child on Mothers Day. If the child is in the father's care. Ihe child will be lransferrcd to the Illolher's care at 10:00 a,m. I) During his periods of panial custody wilh Ihe child Ihe falher will nol alter her appearance <LIl. get the child's hair cut, have Ihe child talloOO. or pierce the child's car or any other pall of her body) wilhoutlhe wrillen pennission of too mother. j) The falher will provide IllInspollation duling his periods of pallial custody, k) The pallies will not use alcohol in excess during periods of partial custody wilh the child, I) Each party II!lrees to enter into individual counseling with a ccrtitled Iherapist to address issues including. but nut limited 10, substance IIbuse. anger manallemenl. and pllrenting skills Thc pllnics IIgree 10 tbllow thc recommendations oflhcir thelllpist and lemain in CIlunselinglhr IItlcasl six (Cl) monlhs or until released by Ihcir therapist VClilicatiun ur IIl1cndance I1II1Y be conlil1lled through panics' counsel m) 111e mother IInd lather. by mutuIIIIIgrl'Cmcnt. mllY vary li'Om this schedule III any timc. bUllhe ordcr will rcmwn in e11i.'Ct untillilllher Order ufCourt n) 111c parties agree thai they will notily the olher or all medical Clll'C the child receives while in their care Each parcnt will nutity thc othcr inllnedialely or medical cmergencies which arise while the child is in Ihat plll'Cnt's care 0) nle pallies rcalize thllttheir child's wcll being is paramount 10 IIny dilferences they mi!lht hllve betwl'Cn thl'lnsclves Therethre. thl'Y agree that neither party will do an}lhing which may estrange the child tTom Ihe ulher parent. or injure the upiniun or Ihe child as 10 the olhcr parenl 01 which may hamper the free IInd nalul'lll developmcnt ofthe child's luve or respcctlhr Ihe other pllrent. WI JEREI'ORE. the panics rl'ljuestlllllt a Custody Oldcl be enten.'Illo rellecllhe llbove tenns LLJ. /) ) I' I LL:;t,/d.ia.. u.. (L I . ( I. ALl, d >' h"' ( I ~ '-- liI\da A Ollis. Plaintilf Ilohcll J I loovel , JI . l>c1cnllllnt " I ,', / . (, " I , I . ,; ..'1 /. -' . '14nllh~' Thomas 1 1'llIcc. Allomey IItl.OW t'AMU,V '.J\W (",IN\(: 4~ NOIlh Pill S\tl'Ct Callisle, PA 170Ll IHiAI, st:RVICt:S. INC. K Irvinc Row Cllllisle, "^ 17013 buttocks and back. These marks remained visible for al lcasl Iwenly (20) mlnules. The child told pelltioner thai respondent had hurt her knee. Respondenl was under Ihe inOuence of alcohol althe lime of the Inclden!. The New Cumberland police arrived and were unable to control the respondent. The respondent was removed from Ihe home by the police. b. On November 8, 1997, at 1:30 a.I11,. Ihe respondenl. upon finding the child asleep In the parenl's bcd, screamed obscenities althe minor child, causing the child 10 become upse!. c. On Seplember 27, 1997, petllioner observed the respondent screaming obscenities at the minor child causing the child to shake and cry. 6, Following Ihe incident on November 18, 1997, pelilioner removed Ihe child from the home the parties were sharing and look the child to his mOlher's residencc in L1nglestown, Dauphin Counly, PA 17112. The child has resided with pelitioner in his mother's house since November 18, 1997. 7. Respondenl has a severe alcohol dependency, consuming alcohol on a daily basis and in the presence of Ihe minor child. 8. Because of her alcohol dependency, respondent Is unable to properly care for the child. WHEREFORE, petilioner requests modification of the current custody order awarding him primary custody of the minor child pending a conciliation in this matter. COUNT II SPECIAl. REUEF Pelllioner, pursuanllo Pa.R.C,P. 1915.13, seeks an order granting him primary custody of the Samantha J. Hoover, born 417193, pending a conciliation In this matter. 9. The child was born out of wedlock. 10. The child is presently In the custody of the petitioner who is presently residing with his mother In 2323 Robin Road, Llnglestown, Dauphin County. 11. Since her birth, Ihe child has resided st the following addresses and with the following people: PerIODS Adlir'eMes DaleI Robert Hoover and Linda Orris Colonial Park, Harrisburg, PA 417193-94 Linda Orris Pat Orris and Stepgrandfather New Cumberland, PA 94 - 9S Robert Hoover and Linda Orris 322A Reno Street 9S - Sept., 1996 New Cumberland, PA Linda Orris 322A Reno Street Sept., - New Cumberland, PA March, 1997 Robert Hoover and Linda Orris 322A Reno Street March, 1997 - New Cumberland, PA November 18, 1997 Robert Hoover and Barbara Layton 2323 Robin Road Dauphin County November 18, 1997 - Present , 12. The relationship of the petitioner to the child Is that of father. He is single. He currently resides with the following persons: Name }telatlonshlD Barbara Layton Harry Layton Petitioner's mother Petitioner's stepfather . , . . 13. Pethloner has partlclpaled liS a party In olher Ihlgallon concerning Ihe custody of the child In this Court. This Court enlered an order In Ihis mailer on December 5, 1995, granting respondent primary physical custody and pelllioner partial custody of Samantha J. Hoover. 14. Pelllloner has no Informallon of a cusllxly proceeding concerning the child pending another court of this Commonweallh. IS. Pethloner does not know of a person nol a party 10 Ihe proceedings who has physical custody of the child or claims to have cuslody or visillllion rights whh respect 10 the child. 16. The besl interest and permanent welfare of Ihe child will be served by granting the relief requested because: a) The pethioner is a reponsible parent who can best take care of the minor child. b) The respondenl has shown by her abusive conductloward the child and her alcohol dependency that she is unable to care for Ihe child. 17. Each parent whose parenlal r1ghls 10 Ihe child have not been lerminated and the person who has physical custody of Ihe child have been named as parties to Ihls action, LINDA A. ORRIS, plaintiff for herself and on behalf of her minor child, SAMANTHA J. HOOVER, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6112 CIVIL TERM PROTECTION FROM ABUSE ROBERT J. HOOVER, JR., Defendant 1 If CUSTODY ORDER AND NOW, this ; day of December, 1995, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Samantha J. Hoover. 1. The plaintiff, hereinafter referred to as the mother, shall have primary physical and legal custody of the child. 2. The defendant, hereinafter referred to as the father, shall have partial custody of the child as follows: for a period of four weeks after the entry of the protection Order and for a longer period if the father does not obtain housing to accommodate the child by the end of that period, the father shall have partial custody of the child sunday from 2:00 p.m. until 6:00 p.m. and each Tuesday from 5:30 p.m until 8:30 p.m. 3. After the initial four-week period, if the father establishes safe, clean and stable housing for himself which can also accommodate the child for overnight periods, the father may begin a schedule of partial custody on alternating weekends from Friday at 6:00 p.m. until sunday at 6:00 p.m., and at any other times mutually agreed upon by the parties. 4. The parties shall alternate the following holidays from noon until 9:00 p.m.: New Year's Day, Easter, Memorial Day, July . . r:-' (L) 4th, and Labor Day. The father shall begin the holiday schedule with New Year's Day in 1996. 5. The parties shall share the Thanksgiving Day holiday with the father having the child from 4:00 p.m. until 9:00 p.m. 6. The Christmas holiday shall be shared by the parties on an alternating basis each year, one parent having the child on Christmas Eve from 6:00 p.m. until Christmas Day at 1:00 p.m. and the other parent having the child on Christmas Day at 1:00 p.m. until 9:00 p.m. However, if December 26th falls on a weekend day in years the father has the child on December 25th, or if he has December 26th off from work, he may keep the child overnight and return her to the mother at 1:00 p.m. on the 26th. The father shall have the child on Christmas Day from 1:00 p.m. until 9:00 p.lII. in 1995. 7. The father shall have a four hour period of partial custody with the child on the Child's birthday each year at times mutually agreed upon by the parties. 8. The father shall have the child on Father's Day from 10:00 a.m. until 6:00 p.m., and the mother shall have the child on Mother's Day. If the child is in the father's care, the child shall be transferred to the mother's care at 10:00 a.m. 9. During his periods of partial custody with the child the father shall not alter her appearance (~. get the child's hair cut, have the child tattooed, or pierce the Child's ear or any other part of her body) without the written permission of the mother. C" lOt The father shall provide transportation during his periods of partial custody. 11. The father shall not Use drugs and/or alcohol prior to or during periods of partial custody with the child. 12. The mother and father, by mutual agreement, may vary from this schedule at any time, but the order shall remain in effect until either party petitions to have it changed. 13. The father shall notify the mother of all medical care the child receives while in his care. Each parent shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 14. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. By the Court, 1 \, - \ \- ~! Ll _, I .. Harold E. Sheely, . ')l\.( ~ Presid t Judge Joan Carey / LEGAL SERVICES, INC. ,". Attorney for Plaintiff Robert J. Hoover, Jr. Defendant ... UI (: t.:; to: 'J; I... .. ~In f-o-' ,- ~t: ,- r-:... ~ 11,- - -.; l r ,. , It} \, ,L C'- , . . ti..' . j' F- ~. '- '.1.. r- G CJ U' LINDA ANN ORRIS. PlaintitT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, NO. 95,(1112 CIVIL TERM ROBERT J. 1I00VER. JR. Delendant PROTECTION FROM ABUSE TEMPORARV PROTECTION ORDER AND NOW.this-11-tJ)day of November, 1997, upon presentation and consideration of the within Petition, and upon Iindingthat the plaintil1: Linda Ann Orris, now residing at 322A Reno Avenue. New Cumberland, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the delendanl, Robert J lIoover, Jr, the lallowing Temporary Order is entered. The defendnnt, Robert J, Hoover, Jr, (SSN 17J-56-2899)(DOR: 5/26/(6), is an ndult individunl residing at 2223 Robin Road, Linglestown, Dauphin Counly, Pennsylvania, is hereby enjoined from physically abusing the plaintiff. Linda Ann Orris, or front placing her in fear of abuse, The defendant is ordered to stay away from the plaintil1's residence located at 322A Reno Avenue, New Cumberland, Cumberlnnd County, Pennsylvania, a residence which is leased by the plaintiff, and is ordered 10 stay away from nny residence Ihe plaintitT may in the future establish for herself The defendant is ordered to retrain Irom having any dirLoct or indirect contact with the plaintiff including, but not limited to, telephone and wrillen communications, except for the IimitL'll purpose offacililating custody arrangements. The defendnn\ is enjoined liom hnlAssingllnd slalkinglhe plllintil1' and Ii'om harassing her relatives, or the parties' minor child Thc defcndant is enjoined from cnteJin!l thc plaint ill's place of cmploymenl or the day care facilily ofthe partics' millor child The delendant is enjoined Ihun removing, damaging, destroying or sellinll any property owned by the plaintil1' ^ \'Iolallon of tllll Ordu ilia)' subj<<1 IlIr drfrndllnl to: I) ar~lt undrr 23 "a.CS. 16113; ilIa IlrlVllr criminal cODllllalulundrr 23 pa.eS.16\13.1; ii1) a cllargr of Indlrrrl crlmln.1 conlrDlplundrr 2J "a.CS. 16\14. punlshablr by IlIIprllonmrnlulllo Sl1l1ll0nlhl and. nnr ofSIOO.OO-SI.OOO,OO; and Iv) civil conlrDllllundrr 23 Pa.es.1611".I, This Order shall rcmain in ellect until modi lied or tenninated by the Court and can be eKtended beyond its original expiration date ifthc Court finds that the defendant has committed an act of abuse or has engaged in a pattelll or practice that indicates risk of harm to the plaintilr TemporalY custody of Samantha Josephine Hoover, is heleby awarded to the plaintiff, Linda Ann Orris. 171!! dl!.f!!IIJalll 1,1' on/!!/'t'd 10 I'!!/111'11 III.. l'al'II!!,I' dllld 10 III.. 1'1/.1101(1' /!f III.. IJlalllliff. 77"1 "'""'iff,\ / >t'/k'I'lm!!1I1 .IIIa/ll/.III,IIIIr"I'/alllliff 11I1'l'1I'1l'l'IIIK IIII' dllld. A III<:ARING SIIALL nt: III~\.I} ON TillS MATn:R ON Tilt: 'f -uj DA \' OF \)[C:[MBER, 1997. AT 10; 0 (1 .tl.M,.IN COllRTROOM NO. L. (}I. TilE ClIMHt:RI,AN\) COLI NT\' COlIIHIIOlISE. CAllUSU:. l't:NNS\'LV ANIA. The plaintilr may plllceed without ple-paymcnt of tees pending a thIther urder aller the healing Thc Cumberland County Sherill's Department shall allelllpl 10 make service at the plaint ill's request and wilhout pre-payment of fees, but service nmy be accol11plished under any applicable IlJle olTivil Pmccdul c LINDA ANN ORRIS. Plaintill' IN TilE COURT OF COMMON PLEAS OF CUMOml.AND COUNTY, PENNSYLVANIA v, NO 9~.bI12 CIVil. TERM ROBERT J HOOVER, JR, Delendant PROTECTION FROM ABUSE NOTICE You have been sued in court If you wish to defend against thc claims set forth in the following pages, you must take action promptly ancr this Petition, Order and Notice arc served, by appcaring personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims sel forth against you, You are warned that if you fail to do so the Court may procced withoul you, and a judgment may be entered against you by the Court without further notice for uny money c1aimcd in the Petition or for any other claim or relief requested by the plainlill', You may lose money or JlIllpel1y or other rights important to you. 1'1,:.:5 ANI) COSTS If the case goes to hearing and the judge grants a Protection Ordcr, II surchargc 01'$25,00 will bc IIssessed IIllainst you. You may also hc required to pay uJlto $25000 to reimhurse one of I.egal Services, Inc,'s funding sources for I.eglll Services, Inc.'s representation of the plaintiff, 'V ou should take thIs I,aper 10 your lawyer al onee, If you do nol have a lawyer or ea"nol atTord one, go 10 or telel,hone the office set forth below to find oul whel'e you can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COlJRTIIOUSE CARI.ISI.E,IIENNSYI.VANIA 17013 TELEPIIONE NUM13ER: (717) 24().Cl200 ~MERI(:ANS W...." mSAIIIUTI.:S An m' 1990 The Court of COllllllollPleas of Cumherlnnd County is required by Inw 10 comply wilh the Americans wilh Disabilities Act of 1990 For intimlllltiol1 ahout IIccessihle facilities and reasonable IIcconllllodalions IIvllilable to disabled individuals having business before the coul1, please contact our ollice All arrangemenls musl be made lit least 72 hours prior to any hearing or business belore the COUl1. a) On or about November 18, 1997, Ihe dclcndanl yellL-d, "I'mgoinl! to kill you, you fucking bilch ", and when the plainlill'lIied to call 911 Itlr help, he l!rabbcd the telcphune thlln her IUlI1d, slmck hcr on the hClld wilh ii, pushed hcr down ontothc lovc seal, pinncd hcr down, stmek hcr inlhe head with thc tclephonc again, chokcd her, and a!!8in threatcned to kill hcr When Ihc plaintill' called 911 again, thc dclt.'ndant pushed her 10 thc Hoor, lockl-d his Icgs llround hcr head llnd nl'Ck. and Sljucc7.cd so til!htly that she could hardly speak The New Cllmherlal1ll Policc were dispatched to the rcsidence and called an ambulancc lor thc plailltill: \\ho was transp0l1ed to Hanisburl! Hospital lor trcalml'llt of injlllies shc Il.'cdved as a result of this incident. 'Ille plaintiff also SllUght medicnl attention from her family doctor the following day for additional treatmenl ofthcsc injuries b) In or about latc AUl!ust and mid-Scplember, 1997, thc defcndanl pushed the plaintUr down onto thc bed and couch, leaned over her in a Ihreatening manner, pointed his linger in her face whilc yelling at her, and daring her 10 call Q t I, c) Since approximalely August, 1997, the dclcndant has abused and intimidated thc phlintin'in ways including, but not limited to, pushinl! her, yelling and pointinl! his Ilnl!er in hcr lacc whilc standing over her or directly in Ilunt of her, drawinl! back his list in a threatening manner as if to Ilunch her In addition, on many occasions the delendanl has scared the parties' child by sneaking up behind her or jumping out at her and yelling causing the child 10 bl'Collle tiightened, scream, and cl)', d) TIle plaintitT filed a Petition for I'rulection Onl~'1 Ihr h~'1lielf and on behalf of the par1les' dauglner, Samanlha, to the above caplion~od number, and a TemllOral)' 11rotection Order was tiled on October 24, 11)1)5 (see IIttoclll'd Exhihit II, inw'lllll8ted hy ret'erencc) On Deccmber 5, 1')<)5, by aglccmcnt ot'thc panics, l'llltcction and Cuslndy Orders were ent\.'1ed (see attached Exhibit C' and D respectively, incOllllllUted by reference) 5, TIle plaintin'belicvcs and therefore avers Ihal she is in inllllediotc ond prcscnt danger of abuse from the defendant and that she is in need of protectionlrom such ahuse 6 The: plRintilr desire:s IhRt Ihe: delcndonl he prohibit~~llhl1n hllvinllllny direct or indinx.1 contact with the plaintitT including, but not limited to, telephone and written communications, except for the limited pU'llOse offRcilitatinll custody Dn'lIngem~'111s 7, The plainlilr d\.'Sin.'S that thc delt'lldant be enjoined limn harassing and stalking Ihe plaintin: and from harassing her relatives and lhe minor child 8. The plaintiff desircs thol the delcndonl hc restraincd Ihull entcring her place of employmcnl or thc day care litcility of the pal1ies' child 9, The plaintifr dcsires that the defendant he enjoined fhull removing, danl8!!ing, destroying or selling any propeny own\.-d by the plaintin~ B, t:XCl.IJSIVt: roSSt:SSION 10, The residcnce at 322A Ilcno Avcnuc, Nell' Cumberland, C'umberiond County, Pennsylvania. from which the plaintitT is IIskingthe Coul1 toonler the defcndllnt 10 slay away lium is entoo in the name of the plaintill: Linda Ann Oms The delendant is currently rcsiding with his mother &011 Add.- DIla PlaintilT and defendant 322A Rello Avenue August of 1995 New Cumberland, PA 10 October 12, 1995 Plaintiff. defendant, 1302 I'ine Street August of 1994 plaintiffs mother, Patricia Onis New Cumberland, PA to August of 1995 her boyfriend, Paul Uouck Plaintifl' and defcndant Marshall Dlive May of 1994 Camp Bill, PA 10 August of 1994 Plaintifl: her father and 2115 South Front Street January of 1994 step-mother, Donald and Mary Orris Stl'Clton, PA to May of 1994 Plaintiff. defendant, 3rd Street October of 1993 defendant's sister, Carol Steelton,l'A to January of 1994 Dibitteto, and hL'r son, l>crrick PlaintilT and defendant 5039 Trent Road April 7. 1993 lIanisburg, P A to October of 1993 The plaintiff. the mother of thc child, is Linda A Onis, rcsides at 322A Rcno Avcnue, New Cumberland, Cumberland County, Pennsylvania Shc is single. The plaintitl'l'Urrl'lltly resides alone The defendant, the lather of thc child, 1l0bel1 J lIoover, Jr. currently resides at 2223 Robin Road, Unglestown, Dauphin County, Pennsylvania. lie is single, The delendant currently resides with thc lilllowing persons ~ Samantha Josephine Hoover BalbarR and !taITY I.ayton Richard I.oper Rdltlonlhlo his dauglller his lIIother and stell-fathl'f" his uncle 14, TIle plaintifffiled for "lIstody of the child thmogh the previous Pmtection Fmm Abuse action and a Custody Order was cnter,,'Il on [)loccmber 5, 1995, (see allached Exhibit D, incorportated by reference) which remained in elTect fin the ICl1n oflhc Protection Ordcr. 15, The plaintil1. has no knowledgc of any custody procccdings conccming this child pending belore a court in this or any other jurisdiction 16, The plaintiff docs not know of any pcrsonnot a pany to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17, The b"'5t interests and pennanent welfare of the millOl child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter tor reasons including: a) The plaintiff has provided for the cmotional and physical needs of the child sincc her birth and is a responsible parent who can best take care of the minor child, b) Thc defendant has shown hy his abuse of the plaintiff that he is nol an appropriate role model for the minor child c) The defendant's actions havc had an adverse effect on the child, WHEREFORE, pursuant to thc provisions of the "Protcction from Abuse Act" of October 7, 1976,23 P,S, ~6101 el ~"'!I, as amended, the 11Iaintill' prays this 1I0norable Court 10 grant the following relief: A, (ir.nlll TrmporllrY Ordrr punulIlII 10 IlIr "Prolrcllon !'rom Abuse Act:" I, Ordering thc delcndantto reliain Ihllll abusing thc plaintilT or Ii'om placing her in fear or abusc 2, Ordelingthc dclcndanttu lelillin thllll hllving IInY dhecI or indirecl contact with the plainlill' includiog. but not limited Iu, tclcphone and wrillen communiclltions, cxccpt lill' thc limited purposc of tucilitating custody arrangemcnts 3. Ordering thc dcrcndant to rcfi'ain Iimll harassing and slalkinllthe plaintin. and 1i-0I1I harassing her relntives and the minor child 4, Prohibiting the delendant Ii-um cntcring the plaintif1's place of employmentllnd thc day cale lucility of the minor child. S, I'rnhibitingthc dcfendant 1i-1lI11 removing, damaging, dcstrnyinllor selling propeny owned by the plaintil1' 6, Ordcring the delendant 10 stay aWIlY 1i-llIn the plaintil1's residencc locatcd at 322A Rcno Avcnue, New Cumbcrland, Cumbcrland County, Pennsylvania. and Iftllll any rcsidcnce thc plnintill' mllY in the future establish for herselr 7, Grantingtcmpornl)' custody uf thc minor child, Samantha Josephine Hoover, to the plaintitl' D. Schrdulr a hrarlng In Rccordancl' wilh thr provisions of thr "Protl'etlon from Ahusc Arl," and, artcr snrh hcarlnl!, cnter an ordrr 10 hl' In l'ITrel for a prrlod of one Yl'Rr: I, Ordcring thc dclendanttu rcli'ain fi'om abusing thc plaintifl' or fi'OIl1 placing her in leal or abusc 2, Ordcringthc dclendantto rcfi'lIin Ihlmllll\'ingllny dircct or indirect contact wilh the plaintilf including, but not limited to, telephone and wrillen comnnmicalions, escept lilf the limited pU'l'ose of Iilcilitating custody arrangemenls 3, Ordering the delendant to reli'ain Ii'om harassing and stalking the plaintiO-and Iillln hlllUssing her lehl1ives and the minor child 4, Prohibiting the delendllnt thllll entering the plaintiO's place Ill' employment and the day care facility of the minor child 5, Prohibitingtbe delendant IhulI removing, damaging, destroying or selling propeny owned by the plaintifl' 6. Ordering tbe defendant to stay away from the plaintin's residence located lit 322A Reno Avenue, New Cumberland, Cumberland County, Pennsylvania, and orderinglhe defendant 10 stay away thlln any residence the plaintil1-may in the tiJlure establish Ihr herself 7, Ordering the defendant to reimburse the plaintilT's out-of-pocket losses sutferL'lI os a result oflhe incident on or about November 18, 1997, inclllding, blltnot limited to, the losses listed on tbe all ached sbeet marked Exhibit A 8. Ordering the delcndantto pay $250 00 to Cumberland County, one of I.egal Services, Inc 's Ihnding sources as rcimbursemenl ti,r the cost of litigating this Cllse, IInd IIssessing the $2500 surcbarge IInd court costs to the delendanl if Ihe case goes to hellring 9, Granting temporary custody of the parties' child, Samantha Josephine Iloover, to the plainlilf "'" r-. LINDA A, ORRIS, IN mE COURT OF COMMON PLEAS OF Plaintiff for herse 1 f And on behal f of her minor child, SAMAN111A J, HOOVER, v, CUMBERLAND collNTY, PENNSY1.VANIA NO. 9~- CIVil. TERM ROBERT J, HOOVER, JR, I Defendnnt PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defe",1 agAinst the claims set forth in the following pages, you must take nct ion promptly after this Pet I t lon, order and Notice arc served, by appearing personallY or by attorney at the hearing scheduled by the Court and present Ing to the Court your defenses or objections to the clnlms set forth ngninst you, You Are warned that if you fall to do so the C..ourt mny proceed without you, and n judgment mny be entered ngalnst you by the Court without further notice for nny money c1nlmed In the Petition or for any other claim or relief requested hy the plnint I rr. You mny lose money or property or other rights Important to you, FF.F~'l AND COSTI! If the case goes to hearing nnd the judge surcharge of $25.00 will he nssessed ngninst you, PIlY attorney fees to Leglll Services, Inc, for plaint Iff. grnnts a Protection Order, II You mny 11150 be required to their representnt Ion of the You should take this I'llper to your lnwyer /It once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COllNTY COImmOllSE CARLI IILE, pr'l'lNSYLV AN I A t 70 13 TELEPHONE NUMl3ER: (717) 240-6200 AMlllllC.ANS WITII IHSAllIt.lTIES ACT OF 1990 The C'..ourtof Common Plens of rumherlnlll\ rounty is required by Inw to comply wllh the Amerlcnns with nlsnhllitleH Act of 1'l90. For Informntlon nbout accessible fAcl lit les nnd rellsonllble nccommm!lltlons IIvlIllllble to disabled Indlvldunlll hnving husinclls heforc the court, plellRe contnct our office, All nrrnngements must hc mndc lit lenst 72 hours prior to nny hellrlnl! or business before the court, '" ~ 8) On or about October 16, 1995, thc defendant tclcphoncd thc plaintiff and threatcncd that he would "get" ber and that shc would "pay" cnusinll her to fcnr for her sufety. b) On or about October 12, 1995, the defendant grabbed the plslntlff's cur keys, twisted the keys her fingers which were cntwlned in the key ring, and bent her thumb beck causing the plnlnt Iff pain. The plaintiff left her residence that night for her own protect ion and to avoid further abuse anr! has not returned, Thc following day the plaint I ff sought on emergency protcctlon order from Dietrict Just ice Day (see attached Exhibl t A, Incorporatcd by rcfcrence) . c) On or nbout Scptember JO, 1995, the defendant grobhed thc plaintiff's nrm, tore her shirt, and threw her onto the loveseol. The dcfendnnt thcn grnbbed the plaintiff's hair and demanded that she tcll him whcre she had been. The plaintiff sustained a lacerat ion on her wrist nnd soreness about her arm and bend ns a reeult of this incident. d) On or about September 24, 1995, the defendant followed the plnintlff about the house, put his fist In the plaintiff's face betwecn her eyes, nnd threatened hcr saying, "I'll knock you out I I'm ready to punch YOUI You're long overdue" cnuRlnll the plaintiff to fcnr for her snfety. c) In or about MIlY of 1995, the defendnnt pushed the plaint Iff down onto II step clluslng her to strike her neck and bock, As a result of this incident the plnlntlff hnd Ilmitcd mobility of her ........ ~. neck and soreness nbout her ncck and hack, and she required medical aUent lon, f) In or about May of 1994, the defendnnt grahbed the plaintiff by her hair barret and threw her to the ground. g) In or about 1993, on scparate occasions the defendant tried to shove the plainti ff down a flight of approximlltely 17 stairs and attempted to push the plaintiff's head through n window whl Ie she held the parties' 3 month-old bahy in her arms, h) since approximately August of 1993, the defendant has abused the plaintiff In ways Including, hut not I imlted to, pushing, shoving, pulling her IlAlr, throwing her about. In addition, the defendant has violent Iy shaken thc pllrties InfRnt daughter on R numhcr of occRslons, 5, On or ahout October 12, 1995, the plRinliff and the minor cblld left their residence Rt 322A Reno Street t Ncw Cumberland, CUmberlRnd County, Pennsylvanln, In order to avoid further /lbuse, 6. The plaintiff hcl ieves and thcrefore avers that she IInd the minor child Rre In Immcdlatc nnd prcsent dangcr of IIhuse from the defendRnt should they rcturn to the home without the defendllnt's exclusion Rnd that they are In need of prntect Ion from such Rbuse. 7. The plaintiff dcslres that the defendllnt bc prohibited from hnvlng Rny direct or indirect contact with the pllllntlff InclUding, hut not limited to, telepbone IIml written communicRtfons. 8. The plaintiff desires thllt the ,lefendRnt he enjolncd from hRrBssing Bnd stRiking thc plllintlff, Rnd from hnrassing her relntives. ~ ,'-"', 9. The plaintiff desires that the defendant be restrained from entering her place of employment or the day care fae! Ilty of the minor child. 10. 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 rosSF.SSION It. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the names of the plaintiff and the cefendant. The defendant has family and friends In the area with whom he can stay, 12. The plaintiff desires possession of the apartment so os to give the greatest degree of continuity to the life of the child. 13. The plnlntlff desires the defendant to provide suitable alternate housing for her and the minor child, C. A'I'TORNF.Y FEFll 14. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. D. 1'I'JlroRARV CUS100Y IS. The plaintiff seeks temporary custody of the following child: HAIIIl Present Residence bS. Samantha J. Hoover 1302 Pine Street New cumberland, PA 2 years old DOn: April 7, 1993 The child was born out of wedlock. The child is presently in the custody of the plnlnt!ff, Linda A. orris, who is temporarily residing at 1302 Pine Street, New CUmberland, Cumberland County, Pennsylvania, 1""'\ .~ Since hor bi rth the child has resided with the following persons and at the following addresses: NMIl Plaintiff, her mother, patricia Orris, and her boyfriend, Paul Houck Plaintiff and defendant Plaintiff, defendant, plaintiff's mother and her boyfriend Plaint I ff and ,Iefendant Plaintiff, her father, and her step-mother Addresses DIlill 1302 Pine street New Cumberland, PA Octobcr 12, 1995 to the prcsent 322A Rcno Street New ('umberlanel, PA August of 1995 to Octobcr 12, t995 1302 Pine Street New ('umhe I' I and, PA August of t994 to August of 1995 Marshn II Dr I vc ('nmp II I II, PA May of 1994 to August of t994 January of 1994 to May of t994 October of 1993 to January (If 1994 2115 south Front Street Stec I ton, PA Plaintiff, defendant, defendant's sister, Carol Dlbetteto, and her son, Derrick 3rel Strcet Stee I ton, PA Plaint I ff and defendant 50.19 Trent Roael Hsn i shurg, PA April 7, 1993 to Octoher of 1993 The plslntl ff I the mot her of the child, is Linda A. Orris, tcmporarlly residing at 1J02 pine Street, New Cumberlllnd, Cumberland County, Pennsylvania. she Is single, Thc plslntlff cllrrently resilles with the following persons: Relnt lunshil) HlIIIIl Samanthn J, Hoover Pntrlcill Orrl/l Psul HOlick her dnughter her mother her mot her's boyfriend The clefcml/lnt, the f/lther nf the child, ill Robert J, Hoover, Jr" currcntly resides at 322A lIenn Street, New Cumherlllml, l'umherlnnd (',Clunty, Pennsylvania. lie 1/1 /lIngle, Thc dcfel\ll/lllt currl'lIt Iy re/llolcH /lInne, '""" ,,-... 16, The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court, 17. The plaintiff has 110 knowledge of nny custody proceedings concerning this child pending before II court in this or I1ny other jurlsdlct lon, 18. The plaintiff does not know of any person not n party to this action who has physical custody of thc child or claims to hnve custody or vlsilat ion rights with respect to the child, 19, The best interests and permancnt wel fare of the minor child will be met if custody is temporarily grant cd to the plaint i ff pcnding a hearing in this matter for reasons including: a, The plnintiff is II responsiblc parent who cnn best take care of the minor child and has provided for the emotional nnd physicnl needs of the child since her bIrth, b, The dcfcndnnt has shown by his abusc of thc plaIntiff that hc is not an npproprlatc rolc modcl for the mInor child. c. Tbe dcfcndnnt hilS shown by his abuse of thc chi Id that he Is not a responslblc parcnt nnd his nct ions have hnd nil IIdvcrsc effect 011 thc chile!. WHEREFORE, pursuant to the pnwislons of the "Protectiol1 from Abuse Act" of Octoher 7, 1971i, 23 P,8. ft litOI et sco., liS nmendml, the plnintlff prays this Honorable Court to grant thc follnwing rul iuf: A. Grant II Tcmpllrllry ordcr pUrSUlll1t tn the "Protuction from Abusc Act :11 ." 1. Ordering the defendant to refrain from abusing the plaintiff or the minor child 01' placing them in feuI' of abusel 2. Ordering the defendant to rcfrain from having IIny dircct or indircct contact with the plllintiff inclUding, but not I imlted to, telcphone and wri t ten communicat iOI1l11 3, Ordering the .lcfendant to refrain from harassing and stalking the plnint I rr nnd from harassing her relat ivesl 4, Prohibiting the defendant from cnterlng thc plaintiff's plllce of employment or the dllY care fllei II ty of the minor childl S, Prohibit ing thc defendllnt from removing, dllmaging, destroying or selling property jointly owncd by the parties or owned by the plaintiffl 6, Oranting possession of the IIpnrtment locnted at 322A Reno Street, New CUmberland, CUmbcrland r.ounty, Pennsylvania, to the plllintiff to the exclusion of the defendant pending a final order in this mattefl 7. Ordering the defcndant to stay nway from thc plllintiff's current residence or nny residcnce the plaint iff may in the future estnblish for hcrself; 8. Ordering the dcfendant to providc suitllble Illlel'llnte housing for the plllintiff IInd thc minor child, and 9. Grunt Ing tcmpoJ"nry custody of the minor child to the plaintiff. ~ B, Schedule a hearing In acconlnnce with the provisions of the "Protect Ion from Abuse Act I" ancl, after such hellrlng, enter /In order to he In effect for /I period of one yellr: I, Ordering the defcndant to refrain from abusing the plaint i rr or the minor chi Id or placing them in fear of abuse. 2. Ordering the defendant to refrain from bnvlng IIny direct or Indl rect contact with the plaintiff including, but not limited to, telephone ami wrlttcn communicntions. 3. Ordering the defendant to refrain from barasslng and stalking the plaintiff an,1 from harnsslng her relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment or the day cllre facll (ty of the minor child. S, Prohlhl t Ing the defendant from removing, damaging, destroying or se Illng property jointly owned by the pllrt ies or owned by the plaintiff. 6. Ornntlng possession of the IIpartment located lit 322A Reno Strect, New Cumberlllnd, Cumherland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay nway from the plaintiff's current residence or any rcsidcnce the plaintiff may in the future cstnhl i/ih for hersclf, 8, ordering the dcfcndant to provide suitable al ternatc housing for the plllintl ff ami the minor child, 9. Ordering the defcl1llllnt tn pay re/lson/lhle attorney fees to Legal Services, Inc. MONweALTH F PIiNNSVLVANIA , COUNTY OF: CUf4I1BRLAND ....,.,.... 17065 PETITION FOR EMERGENCV PLAINTIFF RELIEF FROM ABUSE r ~/l1)xL q i)j[f;u 3J~ d.. r)€nO ,)1" () 4 L ',flew (!.,J.,d>>fJ..;EIJ.JJr16/ 1(1.. / fO'm ~FE;rNT: ~~",,~~:an~ (-<PlPttr (})UEf.., ;" 8/);)" cJ. <:'(10 '5f- f) L JIlEltJ &(()lIbE1.tJ7I?j,l~ Dock81 No,: -- Dale FlIed: iD ~(3- q~ ., 09-3-03 OJ N... f~ SUSAN 1<. DAY ~. 229 HILL STREET, BOX 167 HT. /lOLLY SPRINGS, fA ,_ (717) 406-7672 ., .J I 0 PlAlNnFF A!QUl!8T1 CONFIDENTIALITY Of PfflMAN!HllT!MPOHARY ADDRua, PETITION OF TliE PLAINllFF I. , hereby pelttlon lor emergency relief Irom abuse ,""" Plf,.... . p.... ~JJtt ~ behalf 01 mysell :.-er on Ilehal/ of the loIlowlng (child) (children) to whom I em II (parenl) (adult household member) (gUa~lan) o no bl!!Jal/ 01 the lollowlno Inco pelln~_adullto whom I am gla.~~an1 Rt.. <'I IlL A \ , ~ (~ __nD !..L...LltLtJ IrrN1iJ1/JjJ, P'M't1 ~".. ,-, 1o'M""~ Emerg.ncy r.II.llrom .buI. II required bec.uI. Iher.11 Immedl.l. .nd prllenl ding or 01 AbuII bV Ih. def.nd.nt 10 (ml) Ind 10 Ih_ dov.lIll.d (child) (children) (Inoom 1,.dull). (Type IddMlonol narne".ddr..... on . ..p.rala .haII 01 paper and a"'" ""alo,1 ' FINDINGS OF ISSUING AUTHORITY AI an ex parte hi Ing I , c ....a1 hIVe found upon good callll thalli Is nece.aery 10 protect the p ntlfl) and abova listed c I (Incompetent adulI), CI I hIve NOT round that II Is necessary to Issue 8 protective order ACTION OF IBSUING THO ITV Having 'ound upon good cause shown th811tls necesllry to protect the (plaintiff) and above IIstlld ( (incompetenl adull), I havs taken the 'ollowing acllon on this petition: _ .2I"Ordered the defandllntlo refrain .rom abusing the plein'," and/or minor child, children, Incompe o Ordared the ovlctlon 01 the defendant 'rom the (household) (reslden ) (and) lJ O/derallJ restoration 01 posselllon to Ihe (hollsehold) (residence) a (01) o Allowed Ihe delendantlo provide sulls!Jle. ollemats housing by 0 elnlll ORDEns OF 0 EVICTION AND 0 RE8T RATION OF POSSES 10 fa: (Shariff) (Conatable) (P oe Onlcer) (Pollee Depart me , In compliance wllh he ordar(s) lIppoarlno above, you ora horeby dlrocled 0 10 evict rom the pr.mlsee at fNMIt 01 (l.{mlUnlj (and) 0 to reslore premlsee \ ~."t.I 11 to ~I''''l lHan~"'PI'I"~'" rt~r...".~",;'"lhlW""l NOTICE TO DEFENDANT O,d." I..u.d ala pu"u.nt 10 1lI0 P,oll.llon f,om IIbu.. Acl. Acl No. 211118T81, II am.nd.d WARNING' failuralo comply wllh th... old"l m.y I.,U" In n Ilndlng 01 CnlUIIllL CONffUPT pur.u.nllo 42 Pa,C,a, 1141 17. Thl. o".n.. I. punl.h.bra by alln. andlo' ,mpll.onm.n! Th... Old... ..p'" allh. .nd ollhl n..' bu.ln... day 1110 coun dum. 11,,11 .v"I'~I.. Th." o,d." ...11 bl Immodl.I.ly ..n,lI.d 10 Iho coun 01 Comlon Pl..., '.., "r I~ I~A8 THE EFFECT OF COMMENCING PROCEEDINGS AGAiNST vOU UNDER THE AIIOVE MENTIONED ACT ex 1-4113IT A ):.,.-1 LINDA A. ORRIS, Plaintiff for herself and on behalf of her minor child, SAMANTHA J. HOOVER, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6112 CIVIL TERM PROTECTION FROM ABUSE ROBERT J. HOOVER, JR., Defendant PROTECTION ORDER AND NOW, this S~ day of December, 1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Robert J. Hoover, Jr., is enjoined from physically abusing the plaintiff, Linda A. orris, and/or the minor child, Samantha J. Hoover, or from placing thelll in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except that the defendant may telephone the plaitiff at her place of employment for the limited purpose of facilitating custody arrangements. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. The defendant is prohibited from entering the plaintiff'S place of employment or the day care facility of the minor child. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 6. The defendant is l~t\UI~lo~ the plaintiff'e residence located at 322A Reno Street, New Cumberland, Cumberland county, Pennsylvania, except for the limited purpose of transferring custody. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself, except tor the limited purpose of tranSferring custody. B. Court costs and fees are waived. 9. This Order shall remain in effect for a period of one (1) year and can be extended beyond that time 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 harm to the plaintiff. This order shall be enforceable in the same manner as the Court's prior Temporary Protection order entered in this case. 10. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. 56113/ ii) a private criminal complaint under 23 Pa.e.s. 56113.1; Hi) a charge of indirect criminal contempt under 23 Pa.C.S. 56114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.e.s. 56114.1. 11. The New Cumberland 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. 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 LINDA A. ORRIS, Plaintiff for herself and on behalf of her minor child, SAMANTHA J. HOOVER, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6112 CIVIL TERM PROTECTION FROM ABUSE ROBERT J. HOOVER, JR., Defendant CONSBNT AGRBENEHT This Agreement is entered on this ';}'1 ~ day of November, 1995, by the plaintiff, Linda A. Orris, and the defendant, Robert J. Hoover, Jr. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC., the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Robert J. Hoover, Jr., agrees to refrain from abusing the plaintiff., Linda A. orris, and/or the minor child or placing them in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff inclUding, but not limited to, telephone and written communications, except that the defendant may telephone the plaintiff at her place of employment for the lilllited purpose of facilitating custody arrangements. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiff'S relatives. 4. The defendant agrees not to enter the plaintiff'S place of employment or the day care facility of the minor child. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 6. The defendant agrees to stay away tram the plaintiff's residence located at 322A Reno street, New Cumberland, Cumberland County, pennsy 1 vania, except for the limi ted purpose of transterring custody. 7. The defendant agrees to stay away from any residence the plaintiff may in the future eetablieh for herself, except for the limited purpose of transferring custody. 8. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 9. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (1) year and can be extended beyond that time 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 harm to the plaintiff. The defendant understands that this Order will be entorceable in the eallle manner as the Court's prior Temporary Protection Order entered in this case. 10. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.c.s. 561131 H) a private criminal complaint under 23 Pa.C.S. 56113.11 iH) a charge of indirect crilllinal contempt under 23 Pa.C.S. 56114, punishable by illlprisonment up to six months and a fine of $100.00-$1,000.001 and iv) civil contempt under 23 Pa.C.S. 56114.1. 11. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child, Samantha J. Hoover. a) The mother will have primary physical and legal custody of the child. b) For a period of four wesks after the entry of the Protection Order and for a longer period if the father does not obtain housing to accommodate the child by the end of that period, the father will have partial custody of the child Sunday from 2:00 p.m. until 6:00 p.m. and each Tuesday from 5:30 p.1II until 8:30 p.m. c) After the initial four-week period, if the father establishes safe, clean and stable houeing for himself which can also accommodate the child for overnight periods, the father may begin a schedule of partial custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 6100 p.m., and st sny other times mutually agreed upon by the parties. d) The parties will alternate the following holidays frolll noon until 9:00 p.m.: New Year's Day, Easter, Memorial Day, July 4th, and Labor Day. The father will begin the holiday schedule with New Year's Day in 1996. e) The parties will share the Thanksgiving Day holiday with the father having the child from 4:00 p.m. until 9100 p.m. f) The Christmas holiday will be shared by the parties on an alternating basis each year, one parent having the child on Christmas Eve from 6:00 p.m. until Christmas Day at 1:00 p.m. and the other parent having the child on Christmas Day at 1100 p.m. until 9:00 p.m. However, if December 26th falls on a weekend day in years the father has the child on December 25th, or if he has December 26th off from work, he may keep the child overnight and return her to the mother at 1:00 p.m. on the 26th. The father will have the child on Christmas Day from 1:00 p.m. until 9:00 p.m. in 1995. g) The father will have a four hour period of partial custody with the child on the child's birthday each year at times mutually agreed upon by the parties. h) The father will have the child on Father's Day from 10:00 a.lII. until 6:00 p.m., and the mother will have the child on Mother's Day. If the child is in the father's care, the child will be transferred to the mother's care at 10:00 ..11I. i) During his periods of partial custody with the child the father will not alter her appearance (~. get the child's hair cut, have the child tattoed, or pierce the child's ear or any other part of her body) without the written permission of the mother. j) The father will provide transportation during his periods of partial custody. k) The father will not use drugs and/or alcohol prior to or during periods of partial custody with the child. 1) The mother and father, by mutual agreement, may vary from this schedule at any time, but the order will remain in effect until either party petitions to have it changed. LINDA A. ORRIS, Plaintiff for herself and on behalf of her minor child, SAMANTHA J. HOOVER, v. 1 IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 95-6112 CIVIL TERM 1 1 PROTECTION FROM ABUSE ROBERT J. HOOVER, JR., Defendant CUSTODY ORDER AND NOW, this ~~ day of December, 1995, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Samantha J. Hoover. 1. The plaintiff, hereinafter referred to as the mother, shall have prilllary physical and legal custody of the child. 2. The defendant, hereinafter referred to as the father, shall have partial custody of the child as follows: for a period of four weeks after the entry of the Protection Order and for a longer period if the father does not obtain housing to accommodate the child by the end of that periOd, the father shall have partial custody of the child Sunday from 2:00 p.m. until 6100 p.m. and each Tuesday from 5:30 p.m until 8130 p.m. 3. After the initial four-week period, if the father establishes safe, clean and stable housing for himself which can also accommodate the child for overnight periods, the father may begin a schedule of partial custody on ~lternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., and at any other times mutually agreed 4. The parties upon by the parties. shall~~~IJl ~e following holidays from noon until 9:00 p.m.: New Year's Day, Easter, Memorial Day, July 4th, and Labor Day. The father shall begin the holiday schedule with New Year's Day in 1996. 5. The parties shall share the Thanksgiving Day holiday with the father having the child from 4:00 p.m. until 9100 p.m. 6. The Christmas holiday shall be shared by the parties on an alternating basis each year, one parent having the child on Christmas Eve from 6:00 p.m. until Christmas Day at 1:00 p.m. and the other parent having the child on Christmas Day at 1:00 p.m. until 9:00 p.lII. However, if December 26th falls on a weekend day in years the father has the child on December 25th, or if he has December 26th off from work, he may keep the child overnight and return her to the mother at 1:00 p.m. on the 2tith. The father shall have the child on Christmas Day from 1:00 p.lII. until 9:00 p.lI. in 1995. 7. The father shall have a four hour period of partial custody with the child on the child's birthday each year at times lIutually agreed upon by the parties. 8. The father shall have the child on Father's Day from 10:00 a.m. until 6:00 p.m., and the mother shall have the child on Mother's Day. If the child is in the father's care, the child shall be transferred to the mother's care at 10:00 a.lII. 9. During his periods of partial custody with the child the father shall not alter her appearance (~. get the child's hair cut, have the child tattooed, or pierce the child's ear or any other part of her body) without the written permission of the mother. 10. The father shall provide transportation during his periods of partial custody. 11. The father shall not use drugs and/or alcohol prior to or during periods of partial custody with the child. 12. The mother and father, by mutual agreement, may vary from this schedule at any time, but the order shall remain in effect until either party petitions to have it changed. 13. The father shall notify the mother of all medical care the child receives while in his care. Each parent shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 14. Neither party shall do anything which may estrange the child tram the other parent, or injure t~e opinion at the child as to the other parent or which may hamper the free and natural development ot the child's love or respect tor the other parent. By the Court, :~~f~~e~y~;~!!dent Judge Joan Carey LlGAL ."VICIS, IHC. Attorney for Plaintiff , T~~E COpy FROM RECORD n To"lImflllY \'.Ihoreilf, I hure IJnlo sel my hand and tho EJ!Jf 01 ::ald Cou III Carllskl .... T"- da ' .... .,' ,... Robert J. Hoover, Jr. Defendant ~ n) On UI' nboul octohel' lfi, 1IJ1J5, the c1efenrlnnl telephoned the (llalnt iff nml thl'elltenell lhllt he wonhl "gel" her 11",1 lhut she would "pny" enuRing her to felll' for her slIfl'ly, h) On 01' IIIK1\J1 Octolll'r 12, 1'1'15, Ihe l!l'fl'mlllnt grnhhed lhe pllllnlfff's CIII' kl'Ys, twll<lell thc ke}'fl her flngcrl< which were entwined in the key ring, 111,,1 henl 1mI' lhllmh h/lck c/lusing the plulnt iff p/lin, The plllinll ff lefl her residence thllt night for her own proll".tion IIn,1 tOllvoid further IIhuse IInd hilI< nol relurned, The fol lowing II/lY the pllllnll ff sllIlght IIn emergency p/'lltect ion order from nisll'icl ,Jusl Ice !lilY (see III tnched Exhibit A, incof"(KlI'nted hy reference) . c) On or nhollt Sept cmhl'J' .10, 19'15, the dl'feml/lnt grnhhf'd l he pllllntiff's Ul'm, lorc her shirl, nllll threw Iwl' onlo the lovesell!. The defendllnt then grllhlll'd thc plnlntlff's hiliI' und demnnded thnt she tell him where she hllll heen, The pllllnll ff I<uRtnlned II IlIcernllon on hcr wrist IInd soreness IIhonl her IIrm and helld liS n l'eHull of this Inci<lenl. d) On or nholll Sl'ptcmher 24, 1'llJ5, the dcferlllnnl followed tbe pllllnt iff nhout the house, pul his fist In the pllllntlff'fl fllce hetween her cyes, IIIlll lhrenll'IlCd her sllylng. "I'll knock you outl I'm relldy In punch YOUl Vou'"c long oVI'l'lluc" clluslng the pllllnt Iff to felll' for her sllfety, e) In or uhnut Muy of 1'1'15, the dd.'ndunt pushed till' plulntlff down onlo u stcp cuuslnl! 111'1' to strikt' Illlt rll'ck IIml huck, As n result of thll< Incill"llt thc "llIlnt Iff hll,1 I Imltcll mohlllty of Iwl' neck and BOrenl!SS IIhout her neck Rnd hllCk, and Hhl! required medical nllenllon, f) In or about MIlY of 1'194, till! defellllnnt grllhhed the (lllllntl ff by hol' hR11' hllnet 111111 threw her tll the grnUl1<1. 8) In or IIhout I'I'IJ, on se(llll'lIte Ilccllsions the ,Ieft'nrlllnt tried tn shove the (lllllntlrr ,Inwn II flight of 1I(l(lroximlltely 17 sllllrs Ilnd Rllem(ltcrl to (lush t1w (lllllntirr's heRd through II window while she held the (lllrt it,s' 3 "KlI1th-old hllhy in her IIl'ms. h) Since Il(l(lrnximntely Augusl of 1'1'1,1, the defellllRnt hns IIhused the (llllinllff III WIlYS incluolilll!, hut lint limited 10, pushing, shoving, (lulling her hnir, throwing her Rhout. In ncldltlon, the rlefcr1<lnnt hilS violenlly shllkell the (llll'tles InfRnt dllughler nil II numhel' of Ilccllsfons, ~. On or IIhout Octohcl' 12, 1'1'15, II\(' (llllint Irr nn,l the minor chi Id left their residence lit J22A Ilenll St f<'el, New {'umher1IIIllI, Cumherllll1ll Cnunty, PennsylvRnlll, In order 10 IIvold further IlhuSt', Ii. Thc plllinllff hlJl ievt's 111111 therefllre livers thlll .she 811<1 the minor chi Id nrc In immedlllte 11I111 (lrest'llt dllnger of Ilhuse from the ,Iefendllnt should they return tn the ho"lI' withnut Ihe defel1llllllt's exclusloll 111111 lhllt Ihey lire In need of (lflltectloll from such nhuse, 7, The plllllltirr desires thllt Ihe .ldel1llllnt he (lrnhihited from hllVtll1! IIny direct 01' Irllllrect conlllcl wllh tl\(' [ll/llnt Iff Inl'lu,llllg, hut lint Ilmftml tn, telephone IIml writ ten cnmmUIl !ell I Inlls, R. The (llllintiff ,I,'sil'es thlll Ihe ,1l'f"llIllIllt he elljntr1l'c1 frnm hllrllllllillg 11I1<1 1IIIllklng II\(' [lllllnt Iff, /11111 fro", hlll'/llIslng her H'llIt ives, Iii. The plnlntlff hns not previously l'nrliclpntud In Rny II t Igntlnn concerning custolly of thu nbnvu IIIl!11tlnl1l'1I child In thlll nr nny nthur Cnurl. 17. The plltlntlrf hits nn knnwledgl! nr nny cUlltn,ly proceedingll cnncurnlng this child (lelullng hufnre II cllurt in Ihlll nr /lny other jurilldicllnn, IH. The 1'I/lIntl ff .llles nllt kllnw nf nllY persnll lint II pnrty to this ncllnll whn hns l'hysil'nl clIstlllly of the chi lei or clnlms tn hnve CUlltnlly or visltllt inn rights with respecl tn the chi Id, 19. The best Interests /11111 permllllent welfnre nf the minnr chi 1,\ wi II be met If custndy III tempnr/lri Iy grnllt",1 tn the I'lnfnt iff pendlllg n henrlng In thill m/lt ter fur rensons Including: /I, The plnlntlff is n nlspnnsihle pnrenl whn cnn best l/Ike cnre nf the IIIlnllr chll,1 111111 hns prnvlded fill' the elllnt fnnnl nn,1 I'hys lenl ne",ls of I he ch lid since her hlrth. h. The IlefelUl/lnl hilS shown hy his nbllsl' of th" plninl Iff 1I1111 he ill nnl nn npprol'rlnle role mmlel fnr the mlnnr chi Id. c, The dd"lul/llll hilS showlI hy his nhuse Ilf the ch 11e\ 1I111t till Is lint n I"SIKll1sihle l'nrent nl1ll hill /let 11ll1s hnve hll'\ /III n,lverse ""r.'d <Ill Ihe chi III. II1lf.RI\FORE, tlUrSllnll1 111 the plllvisiollS of Ihe "pl'llll'cllllll flllm Ahulle Act" of octnher 7, IlJ7li, 231',:;, " (,10\ .,,1 !il,!!1., ns nlllellll"d, till' 1'1111111 Irf prllYs Ihls lIonnrnble {'nUl'l 10 grullt the following 1,,1 il'f: A, 0111111 II Tl'III1K,rulY order pllrslllllll III lh,' "I'rotl'clllln frllm Abllllc Act: II , I. Ordering the clt'fendunt to refrnin from abusing the plnlnllff or the minor child nr placing lhem in fenr of nhuse; 2, Ordering tlw defellllnnt tn refrnin from hnving nny direct or 111lllrect cnntncl wilh the pllllnliff including, hut not limited to, telephnrw IIml wri I ten cnmmunicllt inns; 3, Ordering the defelllhllll In I'efrllin from hllrnsslng 11I111 stRiking the plllinll ff nnd from hllJ'nsslng her relnl ivesl 4. Prohihlting the clefcllllllnl fl'nm entering the plnintiff's plllce nf employmenl or the dllY cnn, fllei Illy of the minor child; 5, Prohihi t inl! the defendRlll from remnvlng, dnmllging, deHtroylng nr selling property jnintly nwned by the pnl'lles or owned hy the pili lnt iff; 6. Ornnt ing possl'sHinn of the npl\rtml'nt locnled lit J22A Reno Street, New C'umber I 11I111 , C'umherlnl1ll C'nunty, Pennsylvllniu, to Ihe plnlnl I 1'1' In the exclusion of the defendnnl (ll'mling II I' Irlll I nnll'l' in this millieI'! 7, Onll'rll1g the Ilefl'l1llnnl tn stny nwny from lhl' (lllllnllff's currel1t residence or /lilY I'esirll'nce lhl' (llnlntlff mny In lhl' future l'stnhlish for Iwrself; R, Onll'l'il1!! lhl' Ih'fel1llnl11 III pl'nl'ldl' sl1ilnhll' IIIll'nlnte hnuslng fill' the plnlnllfr 111111 the minnr child, 11I111 9, l1rllnlll1g Il'm(l""lIr~' l'ustnely of the minor chi hi tn the pllllntl 1'1', - --~..... _ _ ~'_' --. ','; t- , , IJ, Schedule II hearing In IIcconlllnce wilh the Ilrovlslons of the "Protection from Abuse Act," 1I1ll1, lifter Huch heRring, enter IIn order to be In effect for II pcrlod of one yellr: t. ordering the defendllnt to refrain from nbusing the pllllntlff or the minor chi Id or plllcing them In fellr of IIbuse, 2, ordering the defendllnt to refrllin from hnvlng any direct or Indirect contnct with the plalotiff including, but not I imited to, telephone and written communiclltions. 3. ordering the defendllnt to refrain from hnrasslng and stalking the plnlntlff nnd from hnrasslng her rellltives, 4, Prohibiting the defendnnt from entering the pllllntlff's plllce of employment or the dllY cure fnei I ily of the minor child, 5, Prohihiting the defendllnt from removing, damaging, destroying or sell ing property joint Iy owned by the parties or owned hy the pllllntlff, (" Orllnl ing possession of the IIpllrtment locnted lit 322A Reno Strec\, New rumberlllnll, rumherlllnd l'ounty, Pennsylvllnill, to the pllllnllff 10 thc exchlsioll of the defendllnt, 7, Ordcrlng Ihe defellllllnl to stllY aWIlY from Ihe plaintiff'S currenl residence or III1Y resltlence thu pllllntlff mllY In the future efltllbllsh fur hel'sel f. R, onh,rlng Ihe llefl'nlllllll to prnvlde suitllhle IIlternllte housing for II", plllintlrf IIn.lthl' minor dllld. I), Orrll!l'lng thl' defl'ndllnl to P"y n'"801lIhle IIl1nrrll'Y fees to I.eglll SCl'vices, Ine, PETITION FOR EMERGENCV PLAltHlrF RELIEF FROM ABUSE r ~/l1!xL ~ujs;'U 3;)9.. (l.. nE:nt) ::>r. n L '11'f:.w (!.J.u;tt?Jf.wl1l6 ( /(1 '- I~ 0 'm ~rE/rT t"- ~'~:ro~7f (-<:1~l!>ttr c'OvO.., R., g:K). a. aiD '51-, f) L (lELu (!).I(1tlbt1.(JlI1~, f.-Q. Dockel No,: DolO Filad: 10 -(3- q{' ",MMONWEALTH OF PIiNNSVLVANIA , . COUN1Y OF: CUMBERLAND ~'" ""'"" 09-3-03 OJ NIIN ltun, SUSAN 1<. DAY _... 229 MILL STREET, DOl( 167 HT. HOLLY SPRINGS, PA ''''''..... 17l7l 406-7672 17065 '"1 '"1 .J I 0 PLAINTIFF REQUESTll CONFIDENTlALlll OF PERMAIlEN1ITEMPOHARY ADORUll. PETITION OF THE P~INT1FF I. . hereby pellllon lor emergoncy rellellrom abuse "'&/!'If of ~I/lt"', p." ....,.1 hn behell Dt mysell ~ on behall ollhe followlno (child) (children) to whom I am a (pa.renl) (odullllOusehold member) (gUa~ian) o on behalf ollhe lollow,hlO tnc?'l'petent adult to whom I am O.\!,a.rdian 1~ <' I 1(\..., . \ :'Yl~'lct ' 3:.).,:} (L _~t1C\ ~tJ IrlAft1J1@ ,..",., ",..lint.., (AoWt.U~ Emergency rell.1 Irom .bu,' I. required bec.u.. th"eIe lmmedl.t. .nd preeen\ d.ngnr 01 .buee by Ih. d.I.nd.nt to (m.) .nd to the .bove lilted (child) (children) (Inoom I t ..dull). (Tvpe .dd~lon" n.m.aI.ddl..... on . 101'.'.11 ohMI 01 P'P" .nd ouoeh h.ltlo,l . jU""'1 FINDINGS OF ISSUING AUTHORITY At an ex pane heB Ing I , ' 7 ,..a1111ve lound upon good cause that Ills necessary to protect Ihe p nlllf) and above listed c UCl) (child en) (lncompelent adull), 'i CI I have NOT found Ihat It Is necessary to Issue B protective order ' lut.oJ " \ll'~ . -- ACTION OF ISSUING THO ITV ,/ Having found upon Onod cause shown Ihallt Is necessary 10 prolect the (plalnllff) and above listed (Q)(ild) (childran) (incompetent adult),1 have takenlhe lollowing Bcllon on this petition: _ .2"OrderOO Ihe delendonlto refrain trolll abusing 1110 plalnll" and/or mln~child, c111ldren, Incompe nl o Ordered Ihe evlcllon ollhe delendanllrom the (household) (reslden II) I ' \l&I.J. I' o Ordertlllr9slorollon of possesBlon to the (hollsehold) (resldenco) a o AIIowecllha delllndanllo provide sultaule, ollemate hOl/slng by co sent a ORDERS OF 0 EVICTION AND 0 REST RATION Of POSSES 10 ro: (Sheriff) (Constable) (P ce O"lcer) (Police Depanme , In compliance wllh 'Ie order(s) appearing abOv!!, you are tlarelly dlreclod 0 \0 eVIc\ rom Ihe premises at UU",,{jI(le!Ina.nll (end) (01) (and) 0 to restore promlsss , i^oJU,t\\1 10 INlln~ClIP\""'I;m II l,N:td'"'1 l"~IIAluI.e'''hln9;'''Ih6l1t11 NOTICE TO DEFENDANT O,dOIOI..u.d.II PUrlu.n! 10 Ih. P,ol,,\lon Irom Abuo. Ael, Ael No. 218 \IUT61," .m.ndod WARNING: flilult te ,omply wllh lh... Old... m.V 10lull In n \lndlaQ.1 cnlMltlAL coNTEMP1 rUllu.nllo 42 r.,C,S,1l41t7, 1hto oflln..I, puntlhobl. bV l\ln. entl/ol Imp,llonm.nt Th.1O .,d... "1'1'. .1 Ih. .nd .llhI n..1 bUlln.1O daV Iho coun d..ml illOlI QVIII'~la. lh... Old". ",1I11. Immodl.I.lv ,.nillod 10 Ih. Court 01 COnnon PI..o, .." OIr OJ H'~ THE EFFECT OF COMMENCING PROCEEDINGS AGAINST VOU UNDER THE AOOVE MENlIONEO ACT E:.X/4I'BIT A t', , . COMMONWllA/,'I'1! 0/' l'IiNN A I COUNT" 01' UAU/'IIIN I SIIER/F/"S RETURN NO. 95-6112 Civil Term PAml 66 ANU NOW I Nov. 8th 10 95 ,lit 2:45 P.M. SERVEU 'l'IIE WI'I'IIIN'l'empor!l.!Y ~ction Ord:.; Pro1:ecti~n.1'!~_~buseLNo_tic~_ .!l!lE-___ UPON l'Cfi11onror lemporary Oruer UY PERSONALLY Robert J. Hoover, Jr. IIAN/lING '1'0 Robert J. Hoover, Jr. Defendant A TRUli A1''I'ESTllO COPY OF THE OR/UlNAI, Temporary Protection Order Protection fran Abuse Notice and Petition for Temporary Order AND MAKINO KNOWN '1'0 him TIlE CONTENTS THEREOF AT the Dauphin County Courthouse, Front & Market ST. Harrisburg, Pat SO ANSWERS I ' cf}' 'C-" "I--/";((:<';"?f. '-!~V'\^"il ~,,' ---. --_.-.-.-.._...\J_.__h~'~.+-_____ SHERIFF OF DAUPHIN COUNTY, PENNA UY /I.~(" 1~'4~- ______ ~~1'\' SIIEHWf' Sworn and subscribed to ~'Je~~re mo this 9t1'1av ,Of Nov. \[ r I, 'I) ,,(1 I ../')' '.' , ,'" \ \-. "l-Hlli, ,...__-. I LvU,)(.,(.{...-' PHO'l'1I0NOT ARY 19 95 BIlE/IIFI"S COS'/' $ ~ S-IA I,INOA A, ORRIB, Plaint I ff for herse I f and on beha I f of her minor child, SAMAN'I1IA J, HOOVER, v. IN TIlE COURT OF <nMJN PLEAS OF CUMBERl.AND OOUNTY, P~SVLVANIA ROBERT J. IIOOVER, JR., Oefendant NO, 95-6112 CIVIL TERM PROTECTION FRC* ABUSE ANI> NOW, this I 0RllIlll fOR aM'INUANCB /~1-\- ~ day of November, 1995, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Novelber I, 1995, at 9130 a,m.. by this Coort's order of October 24, 1995, is hereby rescheduled to Oe~r 11, 1995, at 1:30 p... in Oourt ~ No. t. The Te.porary Protection Order shall remain In effect for s period of one yesr or until ~Ifled or terminated by the court after notice or hearing. A certified copy of this order for Continuance will be provided to the New CUllberland Pollee OepartlllCnt by the plaint Iff' B attorney, By the Court, .:' . Lt/<t,.' .L I arold E. Sheely, '//~. sident Judge Joan carey LOOAI, SIlRVICF.ll, INC. Attorney for Plaintiff . ~: \01 , ' ; ';J: ~ i j ~ te ,-<", ~l': <1'1..,: ~II, ~.1. U... 07: b:; '..'t~; v.,. ." .. ".,.- ........ . c .t;" ~ . '-.:t. .'f' ~- Ii d~oJ~lhj " \;';;,IL. :> :~ I,.) ,'; Ii i,l ,.., It' '-.l it" 'i '1 '1' '-: If I ~;( \ 1 j ~. J;~ I l!; :;.::: ,; " ,!,' ~ ' ' lI' II i b~ ~! . i ',r:!" ". ji 'I~J. ..':! - , -."" ",'- '" 1"1~ J" ";!' I," ~ ' i \j, 1'1 {., I: l;' L ., Ji,'! . " ;; o,~. 1 .+~"' . 1 <~ I i.\" i-''tk',i ; ,. /,~.. .' I l :,dl'" t .~. ", LINDA A. ORRIS, plaintiff for herself and on behalf of her minor child, SAMANTHA J. HOOVER, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6112 CIVIL TERM PROTECTION FROM ABUSE ROBERT J. HOOVER, JR., Defendant . t N PROTECTION ORDER AND NOW, this ~ day of December, 1995, upon consideration of the Consent Agreement of the parties, the fallowing Order is entered: 1. The defendant, Robert J. Hoover, Jr., is enjoined from physically abusing the plaintiff, Linda A. Orris, and/or the minor child, Samantha J. Hoover, or from placing them in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff inclUding, but not limited to, telephone and written communications, except that the defendant may telephone the p1aitiff at her place of employment for the limited purpose of facilitating custody arrangements. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. The defendant is prohibited from entering the plaintiff'S place of employment or the day care facility of the minor child. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 6. The defendant is excluded from the plaintiff'S residence located at 322A Reno Street, New cumbor1and, cumberland county, Pennsylvania, except for the limited purpose of transferring custody. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody, B. Court costs and fees are waived. 9. This Order shall remain in effect for a period of one (1) year and can be extended beyond that time 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 harm to the plaintiff. This order shall be enforceable in the same manner as the court's prior Temporary Protection order entered in this case. 10. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. 56113; ii) a private criminal complaint under 23 Pa.C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 56114, 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. 56114.1. 11. The New Cumberland 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, 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 LINDA A. ORRIS, plaintiff for herself and on behalf of her minor child, SAMAIlTHA J. HOOVER, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6112 CIVIL TERM PROTECTION FROM ABUSE ROBERT J. HOOVER, JR., Defendant . 1 If CUSTODY ORDBR AND NOW, this ~ day of December, 1995, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Samantha J. Hoover. 1. The plaintiff, hereinafter referred to as the mother, shall have primary physical and legal custody of the child. 2. The defendant, hereinafter referred to as the father, shall have partial custody of the child as follows: for a period of four weeks after the entry of the Protection Order and for a longer period if the father does not obtain housing to accommodate the child by the end of that period, the father shall have partial custody of the child Sunday from 2:00 p.m. until 6:00 p,m. and each Tuesday from 5:30 p.m until B:30 p,m. 3. After the initial four-week period, if the father establishes safe, clean and stable housing for himself which can also accommodate the child for overnight periods, the father may begin a schedule of partial custody on alternating weekends from Friday at 6:00 p.m. until sunday at 6:00 p.m., and at any other times mutually agreed upon by the parties. 4. The parties shall alternate the following holidays from noon until 9:00 p,m.: New Year's Day, Easter, Memorial Day, July t' v:j., IJA. ~ I),\"()~:II'J~ ,l '1 '(.. (71'~--' I ).141~ I'K-'t' ," t , 1\.J1,I.I I ,J1~ 1ft 4th, and Labor Day. The father shall begin the holiday schedule with New year's Day in 1996. 5. The parties shall share the Thanksgiving Day holiday with the father having the child from 4:00 p,m. until 9:00 p.m. 6. The Christmas holiday shall be shared by the parties on an alternating basis each year, one parent having the child on Christmas Eve from 6:00 p.m, until Christmas Day at 1:00 p,m. and the other parent having the child on Christmas Day at 1:00 p.m. until 9:00 p.m. However, if December 26th falls on a weekend day in years the father has the child on December 25th, or if he has December 26th off from work, he may keep the child overnight and return her to the mother at 1:00 p.m. on the 26th. The father shall have the child on Christmas Day from 1:00 p.m. until 9:00 p.m. in 1995. 7. The father shall have a four hour period of partial custody with the child on the child'S birthday each year at times mutuallY agreed upon by the parties. B. The father shall have the child on Father's Day from 10:00 a.m. until 6:00 p.m., and the mother shall have the child on Mother'S Day. If the child is in the father'S care, the child shall be transferred to the mother'S care at 10:00 a.m. 9. During his periods of partial custody with the child the father shall not alter her appearance (L.!!., get the child'S hair cut, have the child tattooed, or pierce the child'S ear or any other part of her body) without the written permission of the mother. 10. The father shall provide traneportation during his periods of partial custody. 11. The father shall not use drugs and/or alcohol prior to or during periods of partial custody with the child. 12. The mother and father, by mutual agreement, may vary from this schedule at any time, but the order shall remain in effect until either party petitions to have it changed. 13. The father shall notify the mother of all medical care the child receives while in his care. Each parent shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 14. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. By f(hel(cl~urt\,_:,_ ~ ~ _ ~LL Harold E. Sheely, presid t Judge . Joan carey ~~ LIOaL BlaVICIS, INC. t~'\ ;}}...~ Attorney for Plaintiff '1,,# 1\ . 11-\ ~ Robert J. Hoover, Jr. piP" Defendant LINDA A. ORRIS, Plaintiff for herself and on behalf of her minor child, SAMANTHA J. HOOVER, v. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6112 CIVIL TERM PROTECTION FROM ABUSE ROBERT J. HOOVER, JR., Defendant CONSENT AGREEMENT This Agreement is entered on this .~1 'r!:::- day of November, 1995, by the plaintiff, Linda A. orris, and the defendant, Robert J. Hoover, Jr. The plaintiff is represented by Joan carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Robert J. Hoover, Jr., agrees to refrain from abusing the plaintiff, Linda A. orris, and/or the minor child or placing them in fear of abuse. 2. The defendant agrees ~ot to have any direct or indirect contact with the plaintiff inclUding, but not limited to, telephone and written communications, except that the defendant may telephone the plaintiff at her place of employment for the limited purpose of facilitating custody arrangements. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiff's relatives. 4. The defendant agrees not to enter the plaintiff'S place of employment or the day care facility of the minor child, 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 6. The defendant agrees to stay away from the plaintiff's residence located at 322A Reno street, New Cumberland, Cumberland County, pennsyl vania, except for the limited purpose of tranSferring custody. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of tranSferring custody. B. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 9. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (1) year and can be extended beyond that time 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 harm to the plaintiff. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 10. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa,C,S. 561131 ill a private criminal complaint under 23 Pa.C.S. 56113.1; ili) a charge of indirect criminal contempt under 23 Pa.e.s. 56114, 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, 56114.1. 11. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child, Samantha J. Hoover. a) The mother will have primary physical and legal custody of the child. b) For a period of four weeks after the entry of the Protection Order and for a longer period if the father does not obtain housing to accommodate the child by the end of that period, the father will have partial custody of the child sunday from 2100 p,m. until 6:00 p.m. and each Tuesday from 5:30 p.m until B:30 p.m. c) After the initial four-week period, if the father establishes safe, clean and stable housing for himself which can also accommodate the child for overnight periods, the father may begin a schedule of partial custody on alternating weekends from Friday at 6:00 p.m. until sunday at 6: 00 p.m., and at any other times mutually agreed upon by the parties. d) The parties will alternate the following holidays from noon until 9:00 p.m,: New Year's Day, Easter, Memorial Day, July 4th, and Labor Day. The father will begin the holiday echedule with New Year's Day in 1996. e) The parties will share the Thanksgiving Day holiday with the father having the child from 4100 p.m. until 9100 p.m. f) The christmas holiday will be shared by the parties on an alternating basis each year, one parent having the child on Christmas Eve from 6100 p.m. until christmas Day at 1100 p.m. and the other parent having the child on Chrietmas Day at 1:00 p,m. until 9:00 p.m. However, if December 26th falls on a weekend day in years the father has the child on December 25th, or if he has December 26th off from work, he may keep the child overnight and return her to the mother at 1:00 p,m. on the 26th. The father will have the child on Christmas Day from 1100 p.m. until 9:00 p.m. in 1995. g) The father will have a four hour period of partial custody with the child on the child'S birthday each year at times mutually agreed upon by the parties. h) The father will have the child on Father's Day from 10:00 a.m. until 6:00 p.m., and the mother will have the child on Mother's Day. If the child is in the father's care, the child will be transferred to the mother's care at 10:00 a.m. i) During his periods of partial custody with the child the father will not alter her appearance (~. get the child's hair cut, have the child tattoed, or pierce the child'S ear or any other part of her body) without the written permission of the mother, j) The father will provide transportation during his periods of partial custody, k) The father will not use drugs and/or alcohol prior to or during periods of partial custody with the child, 1) The mother and father, by mutual agreement, may vary from this schedule at any time, but the order will remain in effect until either party petitions to have it changed. m) The father agrees that he will notify the mother of all medical care the child receives while in his care. Each parent will notifY the other immediately of medical emergencies which arise while the child is in that parent's care. n) The parties realize that their child's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that a protection order be entered to reflect the above terms. 1 l. /.. Robert Defendant . J"', .. ( { J"; Hoover, Jr., ( ( plaintiff I LIGAL 8IRVICBS, INC. B Irvine Row carlisle, PA 17013 (717) 243-9400 ~ \ '" , ~ ..{ - I i ~ i~ :;: ~~ f:: Cl- C!. q;: If':~- 0:) ,,~~ h\ rn! ~5 ,,, .'l; (n 0 "1 j .... .. CDNIlDlI1fDL'1'Il or .--nftInA ROBERT J. HOOVER, Petitioner CDUII'l'Y or CDIIIII_y,'t.1In : . . v. . . F i 1 e N 0 95-6112 LINDA A. ORRIS, Respondent . . IUBPOBNA TO ATTBKD AKD TBSTI'Y Doug Glass, Deputy Director of cumberland County Control CUIIlberland County Prison, 1101 Claremont Road You are ordered by the court to provide for the following procaedinq at the CUIIlberland County Courthouse, Courtroom I 4 at Carlisle, CUIIlberland County, Pennsylvania, on Thursday, December 4, 1997, at 10:00 a' clock, ~ M., on behalf of Robert J. Hoover in the above case. 2. And provide the following: An accurate and correct CODV of the Tuesdav. November 18. 1997 911 hoe reco~di~~ ~f t"h-;'; t;ie~hone call originating trom 322A Reno Street. New CUmberlan~. PA. at 22:56 hQU~I. ~be teleohone nUlllber of origin was 1797\ 774-2941. S~i~ih ~~ll ~e~~~~~d a do~:eetic disoute. Also with this CODV include anv !.!)d .!__ ~flCI!~.!!!~ntat.!.Q'l CD!!!L~n!na the accuracv and correctness of said CODY. If you tail to attend or to produce the docUIIlents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 ot the Pennsylvania Rules of civil Procedure, inclUding but not limited to coats, attorney tees and illlprisonment. A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.c.p. No. 243.2(a). M. Pi.c.. SUD8rvi.ina At~orn.v 45 North Pitt Street Carli.i.. PA 17013 17171 243-2968 lUPREIlE COURT ID # 21052 --DE l' ,} 1997 Soal of thB Ccurt BY TIlE COURT. I.~~?r..u f? U )ocJi:, ,/ ~rD ~ notary/Clerk, Civil Diviaion P/J .J ~ ,,'J'" Deputy OFFICIlIL HOTE. Thio form of .ubpoBna .hall be ueBd whenever a .ubpoena ie ieeuable. includlnq heerinqo in connoctlon with dBpooitione and before arbitratore, .a.tero, commia.ionero, etc. 1n compliance with Pa.R,C.p No. 234.1, If a lubpoBna for production of documBntl, recorda or th1nQo 1B dBBired, complBte paraqraph 2. : r r:' '~ II , . I, ,d-" "'I ()7 '11",' -', ., II' to" ... f'. ..,,' ...... el)':", , ."If" n.., : '. '. . ,- 1,_ i F..:;~. ".:\1.\/:-;.... - J? 5 r:..; t 8 u !3 ~ .. .11 ..P % c:.J ~ ~ .... ,~ 0 ~\ . m ~ ':: P ~l~tB~ ~ - ~ .. ':~~~'3i ~ . ~ - N III III ~ jB~:~~ c lM r- ~ () ..'-~ - g ~ , .. ~~.. --..., ~ III ~ 2 ~ .,.,~ 8 "I ,- .... ,\ "- III .....c...Pi ~ .. .... Ol 0 u !~...g"'B ~ ~ ,0 '~] c-l "- " ': )~ .. .~ ! ~ "M , i ~ 'M Jl ~... -" . ... <.... ".., .~ ., . ..-4 t r _ .e w :, ~....!~~~ , l&. 'v ~~ 0' ) 0 ,~ " I (~ Hi);1 , I ~ 1 .. ~~ ~ 8 . .... ....~.... 0 ... SHERIFF'S RETURN - REGULAR CASE NOI 1995-06112 P CO""ONWEALTH OF PENNSYLVANIA I COUNTY OF CU"BERLAND ORRIS LINDA A VS. HOOVER ROBERT J JR f ! , DAVID ZEIGLER . Sheriff or Deputy Sheriff of CU"BERLAND County. Pennsylvania. who being duly sworn according to la.. .ays, the within PROTECTION FRO" ABUSE was served upon HOOVER ROBERT J JR the defendant, at 16125 HOURS. on the ~ day of ~ovember 19~ at CU"B. CO. SHERIFF'S DEPARTnENT 1 COURTHOUSE SQUARE CARLISLE. PA 17013 ,CUnBERLAND County, Pennsylvania, by handing to GAIL C. CALDERWOOAL ~TTORNEY FOR DEFENDANT a true and attested copy of the PROTECTION FRO" ABUSE and at the same time directing ~ attention to the contents thereof, Sheriff's CO.tSI Dooketing Service Affidavit Surcharge So answp:-~ '\ ~~ _ ~" ' R. IhOmas :, ~~~ ," ..,.".... /1 'L by . /9 . uep. - er :tl ,00 .00 .00 .00 ~.'lJ1D Sworn and subscribed to before me this ,;J(,!!- day of' I t...L"q..I,~ 19 'II A. D. "-t. L_ C. 11\...-1:..L-- , prothonotary iJ-f'7 ' , LINDA ANN ORRIS, 1'lalntlt1' IN TIlE COURT OF COMMON PLEAS OF CUMBElU,ANI> COUNTY, PENNSYLVANIA v NO.lJ5.CJI12 CIVIl. TERM ROBERT J HOOVER, JR, Delcndant PIUlTH'T10N FROM ABUSE MOTION FOR CONTINUANCE The plaintill~ Linda Ann Orris, by and through her attorney, Joan Carey of Lcgal Services. Inc" moves the Court for an Ordcr continuinggcncrally thc healing in thc above-captioned case on the grounds that: \. A Temporary Protection Order was issued by Ihis Court on Novcmber 24, 1997, scheduling a hearing for Thursday, December 4, 1997, at 1000 am 2, Cumberland County Sherit1's Deputy, David Zcigler, served the delcndant's counsel, Gail C. Calderwood, Certified I.egal Intern, of the FAMILY LAW CLINIC with a certified copy of thc Tcmporary Protection Order and Petition Ihr Protection Order on November 25, 1997, at 4:25 pm, at the Cumbcrland County Shcrin's Ollicc, Cumberland County Courthouse, Carlisle, Pennsylvania 3, The parties, by and thrnugh their attorneys, agrec that thc hearing scheduled for Thursday, Deccmber 4, 1997, at 10.00 ft m he continued gcncrally to negotiate an agrccment in the mattcr. 4, Thc plaintil1' rcqucsts thai Ihc Templllnry protcctiun Ordcr rcmain in ell'cct until lurther Ordcr of Court, 5, A ccrtilicd copy of thc Ordcr Illl' ContilllllulCC will hc dclivcred to thc New Cumberland I'olice ()ep"rtmcnt by the attorney thr thc plllintill' WIIEREFORE, thc plnintit1' rC1lucsts thai thc ('UlIIt grllnt this Motinn IInd continue this .~ (" I:: (: i.:~ .. " Ill' l.:.-,J f ,- I" '-' .. ~ . Ii' <'" (~,: I L~! r j - , " 1;.:_ I ..:. i'.. r- ,.1 l.~:: G~ U , I ; LINDA ANN ORRIS, Plaintifi' : IN TIlE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY,PENNSYLVANIA NO. 95-lJ 112 CIVIL TERM ROBERT J. 1I00VER, JR, Dclcndant PROTECTION FROM ABUSE ORDER OF COURT .. AND NOW, this ~_ day of December, 1997, upon consideration of the attached Praccipe to Wilhdraw Action tiled in the above-captioned matter, the Temporary Protection Order entered November 24, 1997. is vacated, By the Court, ) ~t-,Ald- . Kevin, A. Bess, Judge Joan Carey LEGAl, SERVICES, INC. Attorney for 1'laintilT , _ C_fU.oL. nl~''''L..t. 1:J.j" j,'1. ..s',"1I~ Gail (' Calderwood, Certllled Legal Intern TholllRS M. l'lace, Attorney at Law ..-.\MIU' LAW U,INIC Attorney lor I>elcndant II) . .. ,.. c~ I' .. I"~ ::;. I'; , , c. , .',1 , I i '- I' i~ '-' , I-- I G' ,~)