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Home My WebLink About96-01993 ~ , I ~ ~ , " " f l " " I P, ~ , I i I ~ "':I .. !, "", '"", i J i ,/' , , J ;' J ~ 0- ,) , i " . ~ Qo ~' PRISCILLA KEENER, A minor Plaintiff by FRANK KEENER, her gllardian VS, JON A. McCOY, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1993 CrVIL TERM De,f end&nt PROTECTION FROM ABUSE MoDON fOR CQNTI NUAN<;:e The plaintiff, PRISCILLA KEENER, by and through her 'ilttorney, Joan Carey of Legal Services, Inc. states the following: 1. On the 12th day of April, 19%, the plaintiff filed a Petition for Protection From Abuse and the court entered a Temporary Protection Order scheduling a hearing for the 17th day of Apr iI, 1996, 2. Rebecca Hughes, the defendant's attorney, contacted L.eglll Services, Inc, to request a cont inuance due to a confl ic;t in her schedule, 3. The plaintiff is not opposed to a continuance of the . hearing if the Temporary Protection Order remains in eff~ct peMding further Order of Court, , WHEREFORE, the plaintiff requests that an Order for continuance be entered and that pending further Order of Court the Temporary Protection Order remain i~ effect, Re~pectfu~l{ submltte9' J/ t ,1 ",,) C,!, let 'L' /JO:ln Ca,rey Attorney for Pla .tlff LEGAL SERVICES, INC, 8 irvine Row Ca r 1 is 1 e, Pa I 7013 (717) ,24,1-')400 , " I.Q 1 ~ ~ \' ", '" "" ~ I!-' I' i '. i ,/ ~:, ," " , I." ,11,I,d L~'il' 'f"" ". -iI 'j'" ;1 i' !'j (I ,-I!' i-,I '!Ii; i' ): 1 i i 'I " " : 1, \ , I, ii' " , " 1:' ", <I , ;j '! !Il;' " " i .' )" '/-,1);1 i' , , " \Ill.' !, Ii I 'J !'i -;,'i Ii '.'1 I; ,'fi, ',! II' I{, /,' I 1) , ! /" :-')1)'1.:'::\:11 .';' lJ, i ',' ;'1 " ",' 'I , , " , I; "I ';,l} ~~' () t . '" ./r2>~I" //A r /,:",-~.~--.,.,-:,~~..I'-'..' /~~ .' " " ;17 / ~~",hr:, <.1.._.1. q.".:tI ~t Y1"- (I (, )h,~~~ 1.~ , ' f \. Cumberland County, P~nnsylvanin, and from Jny residence the plaintiff may in the future HHtablish for herself, 7. The COllrt costs an,1 fees on) waived, 8, This Order shall remain in effect for a period of one (1) year and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has en']aged in a pat. tern or. pract ice that indicates risk of harm to the plaintiff on d continued haHis. This Order shall be enforceahle in the same manner as the Court'. prior Temporary Protection Order entered in thlB case, 9. This Order may subject the defendant to: i) arrest under 23 Pa, C,S, 96113; ii) n private cri.minal complaint under 23 Pa, C.S. 96113,1; iii) a ~harge of indirect criminal contempt under 23 Pa. C,S. 36114, punishilhl~\ by impdsonment up to six months and a fine of $100,00-$1,000,00; and iv) r:ivil contempt under 23 Pa. C, S. @6114, 1, Resumpt lon of co-residence on the part of the plaintiff and defendant shall not nulllfy the provisions of the court order. 10. The Carllsle and North Middleton TownShip Police " jl}' A , >~l Department shall be provided with certified copies of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable Elle d complaInt With th~! ,Jl.IVENtLF: C0lJfiT. The provisions cause th~t this Order h~H been Vl01~tRd, whether or not the violation is ~ommltted in the presence of the police officer, In the Avent thdt an ,tIrest if.; mad", the drresting officer shall relating to d~tention shall be addressed to the on-duty probation officer, and the matter shall be scheduled promptly for processing, adjudication and disposition with the judge scheduled to deal with juvenile matters, B,y the Court I .,/tLL__ Hess I JUdg-;"-'--'--' , '\ 6, The defendant agrees to stay away from the plaintiff's residence located at 1970 Enola Road, CBrlLsle, Cumberland County, Pennsylvania, and from any resldence the plaintiff may in the future estdblish for herself, 7, The defendBnt, although entering into this Agreement, does not admit the allegations made in the Petition, 8. 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 extendad beyond its or1ginal expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff on a continued basls. 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, 9, Violation of the Protection Order may subject the defendant to: 1) arrest under 23 Pa, C,S. 9611.3; ii) a private criminal complaint under 23 Pa, C.S, 96113.1; iii) a charge of indirect criminal contempt under 23 Pa, C,S, 96114, punishable by imprisonment up to six months and a fine of $100.00-$1,000,00; and Lv) civil contempt under 23 Pa. C,S, 96114,1. WHEREFORE, the parties request that a Protection Order be I , " entered to reflect the above terms, .~ " " LN.Lu:l!J.1l J1. l~~__ Priscilla Keener,~~intiff ~. ,{ ~~-- Mcc~i )6:iienci'ant ".H.. ....... ~' ai' tl Jtl Ie( ( t~~~'~:~eior.P1Z::ff . LEGAl. SERVICES, IHe. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 1/tkccr;J- .,~ Rebecca R. Hug s Attorney for Defe IRWIN, MCKNIGHT & UGHES 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 yW...,.. "I Ii;' .I' 'I " 'f,,:' ,1: ,:;( . ',. .. , "~'f.' " i i !:i'_I)~'i)rl/1 I I - ,'" ',t~'I'1 :.,~;';, .,;'\\ i""II,.)!V\~ , ','" '~i,t!;:,t, 1..\ , ~ ~'~ l:) " ~ I" , "'" .'1 .-l it r: , j, " I,. i" ." .;' 'pf" The defendant is enjoined from entering the plaintiff's pl~ce of employment, Th~ defendant is enjoined from removing, damaging, destroying or selling any property owned by the plaintiff, A violation of this Order may SUbject the defendant to: i) arrest under 23 Pa. C.S. 96113; ii) a private criminal complaint under 23 Pa, C.S. 96113.1; iii) a charge of indirect criminal contempt under 23 Pa, C.S, 96114, puniHhable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S, g6114.1, Resumption of co-residence on the part of the plaintiff and defendant shall not nUllify the provisions of the court order, ThiS Order shall remain in effect until modified or terminated by the Court after notice or hearing and can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattel'n or practice that indicates continued risk of harm to the plaintiff. A hearing shall be held on this matter !~ 1[_:, day of on the NO,,! , April, 1996, at'i,('O .m" in Courtroom I Cumberland County Courthouse, Carlisle, Pennsylvania. Tht 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 r~quest and without pre-payment of tees, but service may be accomplished under any applicable rule of Civil Procedure, ThlS 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 Carlisle and North Middleton Township Police Departments shall 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 violatlon 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 1S made, the arresting officer shall file a complaint with the JUVENILE COURT. The provisions relating to detention shall be addressed to the on-duty probation officer, and the ma~ter shall be scheduled promptly for processing, adjudication and disposition with the jUdge scheduled to deal with juvenile matters. By 'the Court, .-tf.. / /ld- n. H.h___... .._ ____. __._ H...._.__w_,___ Judgl.l This has included, but is not limited to, the following specific instances of abuse: a, In or around the end of March 1996, when the plaintiff, who is six months pregnant, told the defendant that she did not ,want to continue their relationship, the defendant chased her down the hallway, grabbed her by the arms, and pulled her around, b, On or about April 2, 19Q6, while at school, the defendant grabLed the plaintiff by the arms, causing a teacher to intervene and ask the defendant to leave school, Later, the defendant returned to school looking for the plaintiff. Fearing for her safety, the plaintiff left Hchool. The defendant also went to the plaintiff's place of employment that night looking for her. c, On or about April 3, 1996, when the plalntiff left one of her classes, the defendant was waiting outside the room for her. When the plaintiff tried to walk past him, the defendant blocked her way. When she was able to get away from him, he followed and then chased her. Atter the plaintiff passed the school office windows, the defendant grabbed the pLaintiff by the arms. Because of the InCidents of abuse which took place at the school, the defendant has been placed in ~ days of out-of-school suspension, and harassment charges have been filed against him, 6, The plaintiff believes and therefore avers that she is In immodiate and present danger of abuse from the defendant, and that she Ls in need of protection from such abuse. 7. 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. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, 9. The plaintiff desires that the defendant be restrained from entering her place of employment, 10. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. B.. . ~XGLlJSIVE PO$SE;SSION 11, The home from which the plaintiff is asking the Court I.'li to exclude the defendant is owned in the names of the plaintiff's parents, I 12. C, ATTORNEY FEES The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to L8gal Services, Inc, . ,." WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1'l76, 23 P,S, ~ 6101e_t "',eq" 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, Orderlng the defendant to refrain from abusing the plaintiff or placing her ln 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 .c\; "., the plaintiff; 6. Ordering the defendant to stay away from the plaintiff's resldence located at 1970 Enola Roan, , , , ;,tlj,' 'I, ,-,.~~I ",0,)\ I \ ~; 1,'4 ;;;': ':', Carlisle, Cumberland County, Pennsylvania; 7, Ordering the defendant to stay away from any residence the plaintiff may tn 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 hara~sing 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. . I I 6 ' Ordering the defendant to stay away from the plaintiff's residence located at 1970 Enola Road, Carlisle, Cumberland County, Pennsylvania. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. '" The above-named plaintiff, PRISCILLA KEENER. verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made ~ubject to the penalties of 18 Pa, C.S, 94904 relating to unsworn falsification to authorities, "t;. ' Date:_~I'l\~,~~_m____'__'h" .Mh.~ 0. ~~__._____. r.~ Priscilla Keen~r, Plaintiff , ,'! , ,. J' , '-Ii' ~ J ~ c.J ~ ::.1 "< ~ 0.- "'1 >-- "" ........ .~ ....... ;0- j') J - t,:.J ~cX or' \'J l~ " r,:........ ;,', r)... _ ~.~ . I ,( '. " " ;' 11