HomeMy WebLinkAbout96-02425
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contempt under 23 Pa. C.S. 66114.1. Resumption of co-residence
on the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
This Order shall remain in effoct until modified or
terminated by the Court after notice or hearing and can be
extended beyond its original expiration date if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
A hearing shall be held on this matter on the L.JrA~ day of
Hay, 1996, at i~,j( _,_...iL.m., in Courtroom NO,-r:_, 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 Carlisle Police Department shall be provided with a
certified copy of this Order by the plaintiff's attorney. This
Order shall be enforced by any law enforcement agency where a
violation occurs by arrest for indirect criminal contempt without
.1.."
a. On or about April 23, 1996, the defendant
threatened the plaintiff saying, "I'll go get a gun and
shoot you and then myself." Fearing for her safety,
the plaintiff slept in her children's room with the
door locked that night.
b. On or about April 11, 1996, the defendant poked
the plaintiff in the arm, grabbed her forehead, and hit
her in the eye, causing bruising.
c. On or about March 22, 1996, the defendant
threatened the plaintiff saying, "If you don't get out
of my face, I'll be gOing to jail," causing the
plaintiff to fear that he would harm her,
d. On or about March 21, 1996, the defendant grabbed
the plaintiff by the arm, applied pressure, shook her,
and punched her in the back.
e. Since December 1996, the defendant has abused the
plaintiff in ways including, but not limited to, the
following: punching, grabbing, pUlling hair, and
putting the plaintiff in a headlock.
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 enjoined
from harassing and stalking the plaintiff and from harassing the
plaintiff's relatives.
.. '
7. The plaintiff desire. that the defendant be enjoined
from removing, damaging, destroying or .elling any property owned
by the plaintiff.
WHBRBFORB, pursuant to the provisions of the "Protection
from Abuse Act" of October 7,1976,23 P.S. 66101 n lJti., 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
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives;
3. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the plaintiff;
B. Schedule a hearing in accordance with the
provisions of the "Protection from Abuse Act," and, after
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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.
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TINAMARIE HEFFNER,
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2425 CIVIL TERM
JAMES J. KUYKENDALL, JR.,
Defendant
PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The plaintiff, by and through her attorney, Joan Carey of
Legal Services, Inc. states the following:
1. On the 3rd day of May, 1996, the plaintiff filed a
Protection From Abuse action and the court entered a Temporary
Protection Order scheduling a hearing for the 13th day of May,
1996.
2. Legal Services, Inc. has been in contact with the
defendant who has indicated that he is willing to execute a
Consent Agreement making a hearing unnecessary ~t this time.
3. The plaintiff and the defendant are in the process of
finalizing the terms of the agreement.
4. The plaintiff requests that the Temporary Protection
Order remain in effect pending 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 in effect.
Respectfully submitted,
(I '
/It,1), C ~L '" , ,V/
'croan Carey ;1
Attorney for Plaintiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, Pa 17013
(717) 243-9400
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TINAMARIE HEFFNER,
plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-.1'1:25 CIVIL TERM
JAMES J. KUYKENDALL, JR.,
Defendant
PROTECTION FROM ABUSE
PROTICTIOlt ORDIR
AND NOW, this ~ day of June, 1996, upon consideration of
the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, JAMES J. KUYKENDALL, is enjoined from
physically abusing the plaintiff, TINAMARIE HEFFNER, or from
placing her in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
3. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff.
4. The Court costs and fees are waived.
5. 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 engaged in a pattern or practice that indicates risk
of harm to the plaintiff on a continued basis. This Order shall
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be enforceable in the same manner' a~t.be.COUr,~' s prior Temporary
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PI'otection Order entered in th~~ ~~~~.. ? I .\,1," ~'::,
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6. This Order may subject the detendant to: i) arrest
under 23 Pa. C.S. 56113/ ii) a private criminal complaint under
23 Pa. C.S. 56113.1/ iii) a charge ot indirect criminal contempt
under 23 Pa. C.S. 56114, punishable by imprisonment up to six
months and a tine ot $100.00-$1,000.00; and iv) civil contempt
under 23 Pa. C.S. 56114.1. Resumption of co-residence on the
part ot the plaintiff and defendant shall not nullify the
provisions ot the court order.
7. The Carlisle Police Department shall be provided with a
certified copy of this Order by the plaintiff's attorney and may
enforcR 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 ot 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 bofore
the appropriate district justice. (23 Pa. C.S. 5 6113).
By the Court,
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TINA MARIE HEFFNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-2425 CIVIL
JAMES J. KUYKENDALL, JR.,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this ~day of September, 1996, this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, the defendant, JAMES J. KUYKENDALL, JR., is directed to
appear for trial on the charge of Indirect Criminal Contempt
before the Court on the ,.Ji.-t1.. day of ,j,'.t2t;I,"I<"L/ , 1996 at C;:/J(I
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o'clock (L .m. in Courtroom 11 .:::... of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the Court,
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Michael S. Schwoyer, Esquire
Chief Deputy District Attorney
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JAMES J. KUYKENDALL, JR.- 11'1';/ ""'''(Jf ~ II <)r;
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TINA MARIE HEFFNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-2425 CIVIL
JAMES J. KUYKENDALL, JR.,
Defendant
I CHARGE: INDIRECT CRIMINAL CONTEMPT
~ONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Michael S. Schwoyer, Chief Deputy District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The defendant's violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The COlnmonwealth is requesting a hearing on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113.
6. The plaintiff and the defendant seek modification of
the Order based on the filing of this petition as the Court deems
appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. 56117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Mich
Chie
Attorney
TINAMARIE HEFFNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-02.,:15 CIVIL TERM
JAMES J. KUYKENDALL, JR.,
Defendant
PROTECTION FROM ABUSE
lBOTICTIOM ORDIR
AND NOW, this ~ day of June, 1996, upon consideration of
the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, JAMES J. KUYKENDALL, is enjoined from
physically abusing the plaintiff, TINAMARIE HEFFNER, or. from
placing hec in fear of abuse.
2. The dofendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff'S
relatives.
3. The defendant is prohibited from removing, d3maging,
destroying or selling any property owned by the plaintiff.
4. The Court costs and fees are waived.
5. 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 engaged in a pattern or practice that indicates risk
of harm to the plaintiff on a continued basis. This Order shall
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be enforceable j,n the same manner' afthe: cour,~' s prior Temporary
Protection Order entered in th~, r;~~~" ? I ",~,.' ~,:'
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6. 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. Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
7. The Carlisle police Department shall be provided with a
certified copy of this Order by the plaintiff's attorney and may
enforce this Order by ar.rest 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,