Loading...
HomeMy WebLinkAbout95-06614 ~ o E . ;iP - a) ~ '::t ~ j "'::J- - ~ -' .C', . ".~ -, . ;"1.",,' '<;;, ..: "J: ~ 1 I~ '--_-t . 't ;':'~ ;'!:~j .c, ,.' -~., -". , , .,"'-, 1 I ] J I I 1 .'", ':L) ~. ", ,-,.':,;. ';"-. -' ,.-, ~ ,;{~-,- .,. '<:.';;~.:.;; .,,', ~,~ {':;~,':'?';."--i' -:-, - '- :. ;.~;;.; n(::,:'.'~" .'.' '. .' . ':' " ,~..:.:;-,;,.-~:. . ~~'- ~ -~, '~.i:' " ~(...' ~ ):f;ttV~:i~?:~ :~{:. ',. ,:~;{;:if3f#~f .. ,,'.' :~,,'-' <-\'''; ",;.:' "'-' ~'-- ~,'i'-~ ,,~ t:.,: ..:'~" ~ , .. :~I:<;;'<' 'i:.,',:.>'..:.:.. . '~:': '<..~ ,.- .. ,...... _.'/ ; ~c. --',; .,'i.': '._;:~~.F'; -,:, >i'. -. r-o;" :!, """',!,l ,...,~,,~_:_ -" """" .. -"'.=',' . ,~:",,,~C<r :,'~-:'d\~",:"i>,', ____",>,': .. -,""'.,,..' ~".",., . .' : . . SYLVIA G. HASSEL, PlainUtt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-I,I.I'/CIVIL TERM PROTECTION FROM ABUSE v. ROBERT MORAN, Detendant TZKPORARY PROTECTION ORDER AND NOW, this ~O~ day of November, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, SYLVIA G. HASSEL, now residing at 715 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, ROBERT MORAN, the following Temporary Order is entered. The defendant, ROBERT MORAN, SSN:UNKNOWN and DOB:6/21/69, now residing at 1075 Lancaster Blvd, #5, Mechanicsburg, Cumberland County, pennsylvania, is hereby enjoined from physically abusing the plaintiff, SYLVIA HASSEL, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff'S residence located at 715 Allenview Drive, Mechanicsburg, Cumberland county, Pennsylvania, a residence which is leased solely by the plaintiff. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff'S relatives. , . " ~._,...'._>,.,..~r The defendant is enjoined from entering the plaintiff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. A violation of thia Order may sUbject the defendant tOI i) arreat under 23 Pa.C.S. 5'113; ii) a private criminal complaint under 23 Pa.C.8. 5'113.1; iii) a charge of indirect criminal contempt UDder 23 Pa.C.S. 5'114, puniahable by impriacnment up to ais aontha and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. 5'114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the proviaions of the court order. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has commit.ted another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm A hearing shall be held on this matter on to the plaintiff. the ~ day of November, 1995, at ~'.~b ; .m., in Courtroom NO....5-, cumberland county Courthouse, CarliSle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland county Sheriff's Department shall attempt to make service at the plaintiff'S request and without pre-payment of fees, but service may be accomplished under any applicable rule of civil Procedure. -_._.......~_. -.-. , '. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The prothonotary shall not send a copy of this Order to the defendant by mail. The Upper Allen and West Shore Regional Police Departments will be provided with certified copies of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. S 6113). By the Court, """';;"_".J'ltl<.h~~'tfV,:-,-,\".~:\\~.,~" -:i.. ,:ta'-, 'r-:""f-~,?'~-'-'~'-",; _',C' "_.""C,'i.."."".;,:.c".,,,,;~~~~il(;:'I'.""" . '. SYLVIA G. HASSEL, plaintiff . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95- ''''I CIVIL TERM ROBERT MORAN, . . Defendant : PROTECTION FROM ABUSE . . NOTICIl You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. VIlBS AND COSTS If the case goes to hearing and the judge grants a Protection order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot 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 COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. , SYLVIA G. HASSEL, I IN THE COURT OF COMMON PLEAS OF Plaintiff I I CUMBERLAND COUNTY, PENNSYLVANIA v. I NO. 95- t " Y CIVIL TERM 1 ROBERT MORAN, . . Defendant 1 PROTECTION FROM ABUSE . . PBTITIOK WOR PRCTBOTIOK ORDER RBLIBW UNDER TBB PROTBCTIOK WROK ADUSB ACT, 23 Pa.C.S. S .101 .t ..q. A. UDa8 ~,..,....,....:...:",,, ",'~:;:";;'..__.h,," ,'..""i ,..::.."~~..,,,.:..-..-_.",:~ '" '..""., 1. The plaintiff, SYLVIA G. HASSEL, is an adult individual residing at 715 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant, ROBERT MORAN, SSN:UNKNONW and 00BI6/21/69, is an adult individual residing at 1075 Lancaster Blvd., #5, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The defendant is the plaintiff'a former intimate partner. 4. Since approximately October 1994, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse 1 , a. On or about November 12, 1995, the defendant called the plaintiff and when she refused to see him, the defendant threatened to blow up the plaintiff's house with her in it. The Upper Allen Township Police have filed Harassment by communication charges against the defendant. b. On or about November 11, 1995, the defendant telephoned the plaintiff's home approximately nineteen times. c. On or about October 13, 1995, while the plaintiff was walking toward her car, the defendant, in his car, drove at a high rate of speed at the plaintiff and had to stop suddenly to avoid hitting the plaintiff, causing her to fear for her life. The defendant stopped his car, blocking the plaintiff's car from leaving. d. In or around September 1995, the defendant blocked the plaintiff's exit by sitting in front of the door. When the plaintiff reached for the doorknob to open it, the defendant stood up and "bear hugged" the plaintiff, preventing her from moving. When the plaintiff struggled free, the defendant threw her onto the bed, causing her to hit the bed and fall to the floor. e. Since October 1994, the defendant has abused the plaintiff in ways including, but not limited to, the following: bear hugging the plaintiff and preventing her from moving, grabbing her and throwing her down, restraining her from leaving rooms, punching holes in the walls of her residence, throwing objects at the plaintiff, and grabbing her by the arms. The defendant on one occassion told the plaintiff that he knew a person who would kill someone for $200.00 and it would be easy. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. B. BXCLUSIVB POSSBSSION 10. The home from which the plaintiff is asking the Court to exclude the defendant is rented in the name of the plaintiff. ~ c. A'1"1'ORHIIY .11118 11. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. S 6101 n A.!llI., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 4. PrOhibiting the defendant from entering the plaintiff's place of employment; 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff; 6. Ordering the defendant to stay away from the plaintiff's residence located at 715 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establiHh for herself; B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff. 6. ordering the defendant to stay away from the plaintiff's residence located at 715 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 7. ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. Jo Carey At rney for PIa tiff LEGAL SERVICBS, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~ .>>':......;..;.,"-:,'~"'.5''''~'~,\~ ;_,_,~,,".,.,...-:t;T;'~.;":i'.t.~>."'if#j;F~~~~\.;~.ir*l. The plaintiff further asks that this Petition be filed and served without pre-payment of fees by the plaintiff, and that certified copies of this Petition and Order be delivered to the Upper Allen and West Shore Regional police Departments who have juriSdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Date: #'u /t1C" , ~..~ift The above-named plaintiff, SYLVIA HASSEL, verifies that the statements made in the above petition are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904, relating to unsworn falsification to authorities. >i--~~~'ii'::"l~~'-Lj';1im. ':':~jffi-~,*J.~": j 1~;i: ~ CO. . " ~ ., ~. .. :~f '';; , I;: ~ _: : ,t 8 III ,,- .. , '-..I - " lq , ~. = 'i;' .. ~ '--.J . '... ~ 0- ::.. ::.~ ,.: .' - , ORDER "OR CONTlNUANCII . .1 1)~bcJ AND NOW, this ...l:l!1- day of )lll'''1I.8111r, 1995, upon consideration of the attached Motion for continuance, the matter scheduled for hearing on November 29/ 1995, at 8:30 a.m. by this Court's Order of November 20, 1995, is hereby rescheduled for hearing on .,(k.~.AYLI."h ) j 1 , 1995, at ..3-: M p.m. in Courtroom No.5. The Temporary Protection Order will remain in effect for a period of one year or until a final Order is entered in this case. certified copies of this Order for Continuance will be provided to the Upper Allen and West Shore Regional Police Departments by the plaintiff'S attorney. By the court, 'IINV/il.iSNNid A!NnCO CN'lIU:Jg;'jn:> I J :~ I~d I - 33G SG mvlONOHlO:Jd ::H! :0 3a1:l~0-<J311:1 SYLVIA G. HASSEL, : IN THE COURT OF COMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : NO. 95-6614 CIVIL TERM ROBERT MORAN, . . Defendant PROTECTION FROM ABUSE . . MOTION I'OR CONTINUANCE The plaintiff moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on November 20, 1995, scheduling a hearing for November 29, 1995, at 8:30 a.m. 2. The Cumberland County Sheriff's Department has not been able to effect service on the defendant. 3. The plaintiff requests that a hearing be rescheduled in this matter. 4. The plaintiff requests that the Temporary protection Order remain in effect pending further Order of Court. 5. Certified copies of the Order for Continuance will be delivered to the Upper Allen and West shore Regional Police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the I'!\ . ',..i,",-,,"",-,o' . ~~_.,~'.- - . Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, ~n Carey, ttorney for Pla ntiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ,..."" ..'.... ..,."........--.' @) -.,j?~;;~--;' 'liP' ~ =- t:~~ .... <:I, -:2'" .- ~.t: ,...,.. U4-C~..t g~:?i; ""C. '.'." I~~l~~ O~_"''-l I ~..;.).. ~C;:....~ ;!!:ffi:i '" :.:~ '~Il4.l )d:t.a.. "=> ;:;0 en '" ~ ~ ,..,.. - .....,.;.._.___~+~,...-&<'!<'i~W;(.rt\~~..~' '-,.,"~. -"...-,.-<.,,' .~~,,;...;~.}_'~;;"';'''~' ~' \ , ~ ~ ~ - )/'Y_>'-':''l;'C:f_;i\''':'>:'!i::''_'>'';; . ".;- ="l~'l' f jJL.~,__'.riI r llfn;~ r./'X_ J l'~' j ~ SYLVIA O. HASSEL, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6614 CIVIL TERM PROTECTION FROM ABUSE ROBERT MORAN, Defendant ORDER FOR CONTINUANCE AND NOW, this ~ day of December, 1995, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on December 19, 1995, at 3:30 p.m. by this Court's Order of December 1, 1995, is generally continued. The Temporary Protection Order will remain in effect for a period of one year or until a final Order is entered in this case. Certified copies of this Order for Continuance will be provided to the Upper Allen and West Shore Regional Police Departments by the plaintiff's attorney. By the Court, J ~e t~.. :;H. \" " ,-' f~ FlLED-OFACE OF illt: Fi'nO\ONOTARY 95 Dte 22 PlI 2: 1,3 CUIAn~:I1L.t:';D COUNTY PENNS'i~/h'l'A , . '., ,. . 1.1 ,; ,J-r;.l,'t:.r. H ,_;' 1 :,"_.U~ .: I -.i,'H' i. ',\)\" . , 'l'-; ;"",., 1 :;,' c('. I' 'n J) ,:;; , ,,', r.,: 'J(II: f . ~' , ~ ,::'; . i'-" . " . SYLVIA O. HASSEL. Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6614 CIVIL TERM ROBERT MORAN. Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff moves the Court for an Order generally continuing the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on November 20, 1996, scheduling a hearing for November 29. 1996/ at 8:30 a.m. 2. On December I, 1996, an Order of Continuance was entered rescheduling the hearing for December 19/ 1995 at 3:30 p.m. 3. The Cumberland County Sheriff/s Department has not been able to effect service on the defendant. 4. The plaintiff requests that the hearing in this matter be generally continued. 6. The plaintiff requests that the Temporary Protection Order remain in effect pending further Order of Court. 6. Certi fied copies of the Order for Continuance will be delivered to the Upper Allen and West shore Regional Police Departments by the attorney for the plaintiff. WHEREFORH, the plaintiff requests that the Court grant this Motion and generally continue this matter, and that the " Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, ~r~ Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ,-. , , ~ , -- , -. (,., i CD ~ .:r .. 8~ - I~ :Ie ~ Q.. ~e 0 ~'~ N ;, ~ '-, M-JIE Ld c:l ~. l;5. In C'\ ;;, L <,',,' t...., ~.' r.; 'j,' i ~ '. . ; .~ ~ .~ ()..". <-i --< l"i " . .~ . ~ SHERIFF'S RETURH - NOT fOUtlD CASE NO: 1995-06614 r COI1MONWEAI.TlI OF PENNSYI.VANlA: COUNTY Of CUMBERLAND HASSEL SYLVIA G VS. !'lORAN ROBERT -B~~~~S I\line . Sheriff. who being duly sworn according and inquiry for ~he within. to law. says. that he made a diligent search named dll'fendant. t.O wit: .J10RAN ROBERJ_____'. but was unable to locate Him in his bailiwick. He therefore returns the P~OTECTION FROM ABUSE ---- TEMPORARY PROTECTION OjillER NOTICE AND PETITIOIl NOT fOUIl!L-, as to the within named def...ndant tlQRlllLBQBERT ItE;.ARING DATE HAS EXPIRED. OUR OfFICE HAS NOT RE- CEIVED A GENERAl. CONTINUANCE ORDER ON ~HI5 CASE, -- Sh...riff's Coats: Docketing Service Affidavit Surcharge So ~~/~ ~aB I\TI~1.rf 18.00 7.84 .17.l0 2.00 $2r.trof 00/00/0000 Sworn and subscribed to before me th15 __~_~ ds)' of ~------- l';'__~,\.,__ A.D. __'''_~r~flo~-./''''''f-?{~ . tf f ;ti' ~ Ji' ( . ~ 1 it .. , . SYLVIA G. HASSEL, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . . . CUMBERLAND COUNTY, PENNSYLVANIA . v. . . . NO. 95-6614 CIVIL TERM . ROBERT MORAN, . . Defendant . PROTECTION FROM ABUSE . . . ORDER I'OR CONTnIUJUiIOII Du emhtJ- AND NOW, this ,~ day of Nevv~a., 1995, upon consideration of the attached Motion for continuance, the matter scheduled for hearing on November 29, 1995, at 8:30 a.m. by this Court's Order of November 20, 1995, ,IJU.LM'lil.fAJ /~ is hereby rescheduled hearing for on The Temporary , 1995, at ~: JO p.m. in Courtroom No.5. Protection Order will remain in effect for a period of one year or until a final Order is entered in this case. Certified ccpies of this Order for continuance will be provided to the Upper Allen and West Shore Regional Police Departments by the plaintiff's attorney. By the Court, I~~. Wl<l~~ {{l~. J. esley Oler, Jr., u ge ,\ ,\ \ \.': c~ \' TRUE COPY FROM RECORD \ In Testimony whereof, I here unto set Ill1I11nd , . '. and the 88IIl of said COUJJ~ Carlisle. ~9~ \ ~~~~ I.~;,r -':l ~~~ 'j .1* 'I " ProIhollClbll, ,. . . '\<1 ., ,- , .- , . . . SYLVIA G. HASSEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6614 CIVIL TERM PROTECTION FROM ABUSE v. ROBERT MORAN, Defendant IIO'1':J:OH paR COH'l'IIIUANCB The plaintiff moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on November 20, 1995, SCheduling a hearing for November 29, 1995, at 8:30 a.m. 2. The cumberland county Sheriff's Department has not been able to effect service on the defendant. 3. The plaintiff requests that a hearing be rescheduled in this matter. 4. The plaintiff requests that the Temporary protection Order remain in effect pending further Order of Court. 5. certified copies of the Order for continuance will be delivered to the Upper Allen and West shore Regional police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearinq, and that the Respectfully submitted, . . Temporary protection Order remain in effect until further Order of Court. oll.n Carey, ttorney fer PIa ntiff LBGAL SaVIeBS, DlC. 8 Irvine Row carlisle, PA 17013 (717) 243-9400 ... " -...' . . I INSTRUCTIONS TO THE DEFENDANT As you know, the plaintiff has med a legal action apinst you under the Protection Prom Abuse Act and he obtained a Temporary Protection Order. The plaintiff is prepared to have a hearing held in order to obtain a finsl Protection Order effective for one (1) year. As an alternative, ,lOu may consent to the entry of the final Protection Order to be in e.f'/~.,r~ f"r one year. If you are wf11lng to consent y . s~uld call Lesal Services, Ine. in CarUsle at 243-9400, 766-8475 from the Weat Shora or 53o-5l166 from Sh!ppensburg, and uk to speak to the staff person handllng tile case about a Consent Agreement. The Consent Agreement should be prepared before the time scheduled for the hearing so the COurt will know ahead or time that the case will not be contested. In some cases, regardless of whether a settlement by Consent Agreement has been reached, the parties must appear In court at the time scheduled for hearing. If the case is uncontested, the court appearance will be brief. The judge will make sure the parties understand the COnsent Agreement and finai Protection Order. If you do not agree to the entry of the final Protection Order, a contested hearing will take place at the scheduled time. When a final Protection Order Is entered, It will be sent or given to you, the plalntlff, and the appropriate pollce departments. If you fail to abide by the terms of the final Protection Order you wlIJ be subject to lmmedlste arrest, arid a fine of $100.00 to $1,000.00 and/or a jail sentc:..;:e of up to six months and other rellef. PRES AND COSTS If the case goes to hearing and the Judge grants a Protection Order, a surcharge of $25.00 wlIJ be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of'the plalntlff. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 'mE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND 'COUNTY COURTHOUSE CARLISLE. PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 . . , SYLVIA G. HASSEL, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- ~,,'" CIVIL TERM PROTECTION FROM ABUSE v. ROBERT MORAN, Defendant ~BMPORARY PROTBCTIOH ORDBR AND NOW, this ~~~ day of November, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, SYLVIA G. HASSEL, now residing at 715 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, ROBERT MORAN, the following Temporary Order is entered. The defendant, ROBERT MORAN, SSN:UNKNOWN and DOB:6/21/69, now residing at 1075 Lancaster Blvd, #5, Mechanicsburg, CUmberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, SYLVIA HASSEL, or placing her in fear of abuse. The defendant is or~ered to stay away from the plaintiff'S residence located at 715 Allenview Drive, Mechanicsburg, CUmberland County, Pennsylvania, a residence which is leased solely by the plaintiff. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff'S relatives. \ . . , The defendant is enjoined from entering the plaintiff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. A violation of this Order .ay subjsot the defendant tOI i) arrest under 23 ~a.C.S. 51113; ii) a private orlainal oomplaint under 23 Pa.C.S. 51113.1; iii) a oharge of indirect criminal contempt under 23 Pa.C.S. 51114, punishable by laprisonaent up to six months and a fine of $100.00-$1,000.00; and iv) oivil contempt under 23 Pa.C.S. 51114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. A hearing shall be held on this matter on the ~h day of 0:3" ^ 5 November, 1995, at ~ _v ".m., in Courtroom No.___, Cumberland county courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland county Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. \ . . This Order shall be docketed in tha office of the prothonotary and forwarded to the Sheriff for service. The prothonotary shall not send a copy of this Order to the defendant by mai 1. The Upper Allen and West Shore Regional police Departments ' will be provided with certified copies of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. 5 6113) . By the court, N 9 IJJJ.aJgy {)~~, Judge I'RU'" C'~ 'y , .-,:1" ".- J;; ~"..N~ ~ f'r,'J!Vt "'~::..-~t~;'H~.J In Tostlmor.y w!lcucl I,.,"'" ',h,' ",,' "". ".... . ..,." .'l........',. - -. -_-.I ~nd the sMI of :;a!a rJ..~'. .',', {.'..."I."': . .' .;1 of_,! 1..1 'I l.' rhls-.dQ.~d~ of LV,!.).'!,,_, 1~5. \. ~ '.0.' (l'\{.))l;ft"()('f\ ,J,.4;: PrOlhooubr,' . , SYLVIA G. HASSEL, plaintiff . IN THE COURT OF COMMON PLEAS OF . . . . CUMBERLAND COUNTY, PENNSYLVANIA . . . . NO. 95- CIVIL 'l'ERM . . . . PROTECTION FROM ABUSE . . . v. ROBERT MORAN, Defendant HOT ICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. I'EES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be asse&sed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot 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 COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. , . . PETITION I'OR PROTECTION ORDER RELIEI' UNDER THE PROTECTION I'ROM ABUSE ACT, 23 Pa.C.S. 5 '101 et seq. A. ABUSE 1. The plaintiff, SYLVIA G. HASSEL, is an adult individual residing at 715 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant, ROBERT MORAN, SSN:UNKNONW and DOB:6/21/69, is an adult individual residing at 1075 Lancaster Blvd., #5, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The defendant is the plaintiff'S former intimate partner. 4. Since approximately October 1994, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: . , a. On or about November 12, 1995, the defendant called the plaintiff and when she refused to see him, the defendant threatened to blow up the plaintiff's house with her in it. The Upper Allen Township Police have filed Harassment by communication charges against the defendant. b. On or about November 11, 1995, the defendant telephoned the plaintiff's home approximately nineteen times. c. On or about October 13, 1995, while the plaintiff was walking toward her car, the defendant, in his car, drove at a high rate of speed at the plaintiff and had to stop SUddenly to avoid hitting the plaintiff, causing her to fear for her life. The defendant stopped his car, blocking the plaintiff's car from leaving. d. In or around September 1995, the defendant blocked the plaintiff's exit by sitting in front of the door. When the plaintiff reached for the doorknob to open it, the defendant stood up and "bear hugged" the plaintiff, preventing her from moving. When the plaintiff struggled free, the defendant threw her onto the bed, causing her to hit the bed and fall to the floor. e. since October 1994, the defendant has abused the plaintiff in ways including, but not limited to, the following: bear hugging the plaintiff and preventing , , her from moving, grabbing her and throwing her down, restraining her from leaving rooms, punching holes in the walls of her residence, throwing objects at the plaintiff, and qrabbing her by the arms. The defendant on one occassion told the plaintiff that he knew a person who would kill someone for $200.00 and it would be easy. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment. 9. The plaintiff desires that the defendant be enjoined from removing, damaqing, destroying or selling any property owned by the plaintiff. B. EXCLUSIVE POSSESSION 10. The home from which the plaintiff is asking the Court to exclude the defendant is rented in the name of the plaintiff. c' ~"",',' '"."_,,"~;,"':'" ;_,,<:, !i~~"''::'~'::\\';< c. ATTORHBY PEES 11. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. 5 6101 me 1Um., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications; 3. ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 4. prohibiting the defendant from entering the plaintiff's place of employment; 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff; 6. Ordering the defendant to stay away from the plaintiff's residence located at 715 Allenview Drive, Mechanicsburg, Cumberland county, Pennsylvania; 7. Ordering the defendant to stay away from any . . residence the plaintiff may in the future establish for herself; B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5. prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 715 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without pre-payment of fees by the plaintiff, and that certified copies of this Petition and order be delivered to the Upper Allen and West Shore Regional police Departments who have jurisdiction to enforce this order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Jo At rney for Pla tiff LBGAL SIIRVICIIS, INC. 8 Irvine RoW Carlisle/ PA 17013 (717) 243-9400 ~ 'ii,....." '''': ':""~Wff\ '-,<??"~A' _j/~r~-::it~!,4;:'1<'C~" ~'-".~; - , . The above-named Plaintiff, SYLVIA HASSEL, verifies that the statements made in the above Petition are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904, relating to unsworn falsification to authorities. Date: J1jJu /t1c- / ..f:F..~itf -'."'~'"~-''' , , _._,:U~_".;,.'". ....~... ^.'"""- ~ , ~ -0 ~ .-~ ~ ,...., :;~ C~ :-.; '~ ~ (0 '1 , ~ .... ,'>> ., " --; 1 :....:.: ,,- - ~q l..c :,~'? '-"" .~.....I -,I , '