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HomeMy WebLinkAbout96-02934 ~ , . ~ '.. ~ .:1 G I .1 ~ '1 '\ I ,:1 '1'1\. l' t .1 ,/ , J' j, i " ~ ,I ., ~ I '! r,; I'. ...... 'I . }, .. l' .~ " ... , ~ ~ ~) ~. . ..,t. 0-\ "I , . !I 1'1 1 I I i \ \ " I 'j " , ' " , , , ' , ,) ,I !' " " ',' " '" " FREDERICK E. DURNIN. PlalntilT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 96-2934 CIVIL TERM KAREN B. (DURNIN) HOFFER, Defendant IN CUSTODY ORDER Q[ COURT AND NOW, this .~ day of \ \C. \ ( \ '\ -' 1998, upon consideration of the attathed petition, it is hereb)' directed that the panies and their respective counsel appear bcfore,~ "!..')r..,f\ ,\, '>.\'\ \j Esquire, thc concili?tor, at,1') ",) ~'~IiC\\\ ',Hq '\yn\1 \\ ....(cd . on thc -:L day of /-\\' r \ \ . 1998, at ~,M. for a Ple-Heanng Custody Conferen , At such conference, an cffort \Ii I be made to resolve the Issues In dispute; or If thiS CW'L~ot be accomplished, to dcfine and narrow the issucs to be heard by the Court and to enter into a temporary order, All children age five or older may also be present at the conference, Failure to appear at this conference may provide grounds for cntl)' of a temporary or permanent order, By the Court, .....- 1\ t\ ~( By: ( k~Cl \.J\\ C '\ ,/ ')\1;'\ \c. ) ~ Custody Conciliator \ 1.1\) \,J 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 249.3166 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 bearing or business before the court, You must attend the scheduled conference or hearing, ~ , , " I , " ," i) I: , I ,I I, I. ExumlT nAn J UN I' ," I, " ',In., '~'(JU I, ,) .~I KARBN B. DURNIN, Plaintiff v. IN THB COURT OF COMMON PLBAS OF CUMBERLAND COUNTY, PBNNSYLVAIIIA NO. 96-2934 CIVIL TBRM PROTECTION FROM ABUSE AND CUSTODY FRBD B. DURNIN, Defendant CUSTODY ORDER AND NOW, this __~ day of June, 1996, whereas the parties agree that the plaintiff will relocate out of the Cumberland County area and possibly relocate to Wisconsin, and upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children: CASSANDRA and MICHELLE DURNIN. 1. The plaintiff, KAREN B. DURNIN, hereinafter referred to as the mother, shall have pr.imary physical custody of the children. 2. The defendant, FRED E. DURNIN, hereinafter referred to as the father, shall have partial custody at times to be agreed upon by the parties. 3. The mother and father shall share legal custody of the children. 4. The mother and father shall notify each other of medical emergencies which arise while the children are in that parent's care. 5. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and KAREN B. DURNIN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2934 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY CONSBNT AG~~ FRED E. DURNIN, Defendant ~ This Agreement is entered on this _~__ day of June, 1996, by the plaintiff, KAREN B. DURNIN and the defendant, FRED E. DURNIN. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; The defendant is represented by Marcus McKnight of IRWIN, MCKNIGHT & HUGHES. The parties agree to the entry of the fOllowing Order with regard to custody of the parties' children: CASSANDRA and MICHELLE DURNIN. 1. The plaintiff, KAREN B. DURNIN, hereinafter referred to as the mother, shall have primary physical custody of the children. 2. The defendant, FRED E. DURNIN, hereinafter referred to as the father, shall have partial custody at times to be agreed upon by the parties. 3. The mother and father shall share legal custody of the children. 4. The moth~r and father shall notify each other of medical emergencies which arise while the children are in that parent's care. 5. Neither party shall do anything which may estrange the 'children from the other parent, or injure the opinion of the ~ The foregoing Petition for Custody is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this document, and it is true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Ps.C.S.A. SC\:tion 4904, relating to unsworn falsification to authorities. ~ '~ fi' g (", i:r: c~ ill' ' J!r ~.#r'-tJ FREDERICK Jr.'DlJRNIN Date: ~'"f.y, ,1991 '" I I I !( I :; \1 l. r II( 1 I I 11 I I, h~ ) , ' t.!:, ,.... ~ II.;:. t l.....' I .l~'\: I.~~' ') ~", ,r r~f,' ~,: ,~. l'i,-tt ,'IJ,. . " r ~.' ' : ' - i -' t I .,~'. ,,,. ;', \ I \ 'I J ~'.J t ", {. ;!!.._!", L't'1 ",' J- I 'I "1 'e.. ~.,~l ~,'\~ w, ,.,~ Q'" '- Cl;) , .... " lJ\' ,",,I , " L) " " " I . ~ I i . m ~ i i ~ ,..., i IB ~ ~ ~ ~ . fllI i~IIIU Ii ...... room - il Ol! , i~ ~ ~ Ii, ei 100 s ; . 'l i ~ ~ " , ",' ,,' " " , " , . I' " " to. . .,.~... ------ .'- . '. .11I"... ._.....~ KARBN B. DURNIN, Plaintiff v. IN THB COURT or COMMON PLBAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2934 CIVIL TERM FRED B. DURNIN, Defendant AND NOW, PROTECTION FROM ABUSE AND CUSTODY II'~nQILQIW.BIl , this ()____ day of June, 1996, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, FRED B. DURNIN, is enjoined from physically abusing or threatening to abuse the plaintiff, KAREN B. DURNIN. 2. The defendant is ordered to refrain from harassing the plaintiff. 3. The defendant is prohibited from damaging, destroying, or selling property owned jointly or separately; sale or removal of property must be pursuant to written agreement of the parties. 4. The defendant shall provide the plaintiff with '500.00 to reimburse her for alternate housir.g expenses; this '500.00 shall not be deemed child or spousal support nor should it be factored into the parties' marital property distribution settlement. 5. The defendant shall arrange for the plaintiff to retrieve the property items listed on Exhibit A which is attached; this shall not be deemed to be a final marital property distribution. 6. The Court costs and fees are waived. 1. 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 be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 8. This Order may subject the defendant to: i) arrest under 23 Pa. C.S. 66113; ii) a private criminal complaint under 23 Pa. C.S, 66113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S, 66114, 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. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 9. The North Middleton Township and Pennsylvania State Police Departments 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 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 KARIN B. DURNIN, Plaintiff v. IN THE COURT OF COMMON PLIAS OF CUMBBRLAND COUNTY, PENNSYLVANIA NO. 96-2934 CIVIL TBRM PROTECTION FROM ABUSE AND CUSTODY PRBD I. DURNIN, Defendant ~OJIUI!'tMRUHlJD' This Agreement is entered on this __.3L~ day of June, 1996, by the plaintiff, KAREN B. DURNIN and the defendant, FRBD B. DURNIN. The plaintiff is represented by Joan Carey of LEGAL SBRVICES, INC.; The defendant is represented by Marcus McKnight of IRWIN, MCKNIGHT & HUGHES. The parties agree that the fOllowing may be entered as an Order of Court. 1. The defendant, FRBD E. DURNIN, agrees to refrain from physically abusing or threatening to abuse the plaintiff, KAREN B. DURNIN. 2. The defendant agrees to refrain from harassing the plaintiff . 3. The defendant agrees to refrain from damaging, de~troying, or selling property owned jointly or separately; sale or removal of property must be pursuant to written agreement of the parties. 4. The defendant agrees to provide the plaintiff with '500.00 to reimburse her for alternate housing expenses; this '500.00 shall not be deemed child or spousal support nor should it be factored into the parties' marital property distribution settlement. , I j 1 ] j I I I I 1 I 5. The defendant will arrange for the plaintiff to retrieve the property it.ms listed on Exhibit A which is attached; this shall not be deemed to be a final marital property distribution. 6. The defendant, although entering i~to this Agreement, does not admit the allegations made in the Petition. 7. The defendant understands that the Protection Order ,I I entered in this matter will be in effect for a period of one (1) year and can ue 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 a plaintiff on a continued basis. The dofendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 8. Violation of the Protection Order may sUbject the defendant to: i) arrest under 23 Pa. C.S. ~6113; ii) a private criminal complaint under 23 Pa. C.S. g6113.1; iii) a Charge of indirect criminal contempt under 23 Pa. C.S. g6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. 66114.1. WHEREFORE, the parties request that a Protection Order be t:~: ,r;E'cl~"K,.J'~ ~ ~./ '. '" t' /1t1~'t',,1 -' ,,--..-- ~ ( ,,)I>""..!. , 7A'1' ,.-.",~ J;I"""~ ? ""rt"" 6 ,,' -" " '" A:f()r'd - /-,/.,~;'" 5n.^~t''7'....,,>. C.-:'< ~<f""r''''//'''''C, -.- - . / /' " .J: /?// ",1"/..", ~.,I..# /e:. /,U.,;l, /..p"" > P1;./.., ~~~, ",(.r"r' 6r:'<'''''' d.'v',;.!",..! ""0".( /"~- ,:-tI... 6",..,. 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" '. {,\.'("('"I'" ~ //, - /-' Cr,'~.., r: r,/ ~~.:,.< ~...-f""~ (.,A),.-",-r--::''' t' -!" .~~'.'...J I. .., . / /' *' ,) I I / .' ../ L,(;<" {~,rl Cc/&"Cr~ / 19/1' t~;;',/', ~/('Uf/eYH'" ,.,;.....'\$ ),.:, < .s '/ '..,,~ -)~<! r'>JV'/ /,?/C,' ,,/ r". /.l/'t;/r,,<< ~).:. /f''-' ""j'/.t t"A' ...;"'- ..,t-., ,~,()..t<t ,03f)$ j'J..M < ,. r.,,~,~(,..',,? ,...."'l/,':~ '<... . (::-~ - "/?/1.;-?O!SCI'''''' J clr-/J. ';; ,: 7f ,I(q!!..t/l _ /,/,/ /..t"~H/N'/ C/",t-),,,:, '" - ,,./,<>,,<,~ ,,7'1,) .,,./,~ 'U'/I't"J ~SJ.7 - vJ.t ('7"'7 /. . (;fJ;.,: .shy":',, ''''7'''7 y, b{' 5,/" r,,1 r l't',r Vi' .t;ll.D, /l~)'7 "'1''7 I!'" ..;/{ r.h",'c /,'1"1 - S.,J/yJ ","" .,1,(/ ;( ".?I,,)( A,'f p,/"I,!tSJ, W~'1 f r/-CY ,...:;1 J,(" ~?"'~/ e"wt :It' .-';"';;?~~,'N -I oW ~ ~/fY eJ..~" _,. ,./,.", Co IN; J 1 V~'..t QIJ .."u',"~";-J .(0 I .... ..I ~ ~ 'Cl " i, C") In N ~ r=.~ "~t' '..J...jI \,J .:-=- ')~-3 . ~- . j~(" I}:,.... ,h,z" .;.i22 .~j (J tE \.0 I 2': &zi '0 Q'\ , ' " , , ~ KARIN B. DURNIN, Plaintiff IN THE COURT OP COMMON PLIAS OP CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2934 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY v. rRID B. DURNIN, Defendant CUSTODY ORDER AND NOW, this ~" day of June, 1996, whereas the parties agree that the plaintiff will relocate out of the Cumberland County aroa and possibly relocate to Wisconsin, and upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children: CASSANDRA and MICHELLE DURNIN, 1. Tha plaintiff, KAREN B. DURNIN, hereinafter referred to as the mother, shall have primary physical custody of the children. 2. The defendant, FRED 8, DURNIN, hereinafter referred to as the father, shall have partial custody at times to be agreed upon by the parties. 3. The mother and father shall share legal custody of the children. 4. The mother and father shall notify each other of madical emergencies which arise while the children are in that parent's care. 5. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and KARIN B. DURNIN, Plaintiff v. IN THB COURT OF COMMON PLEAS or CUMBBRLAND COUNTY, PENNSYLVANIA NO. 96-2934 CIVIL TERM PROTECTION FROM ABUSB AND CUSTODY ~BNT AGREBMENT FRIO B. DURNI N , Defendant This Agreement is entered on this ___.~ day of June, 1996, by the plaintiff, KAREN B. DURNIN and the defendant, FRIO I. DURNIN. The plaintiff is represented by Joan Carey of LBGAL SERVICES, INC.; The defendant is represented by Marcus McKnight of IRWIN, MCKNIGHT & HUGHES. The parties agree to the entry of the following Order with regard to custody of the parties' children: CASSANDRA and MICHBLLE DURNIN. 1. The plaintiff, KAREN B. DURNIN, hereinafter referred to as the mother, shall have primary physical custody of the children. 2. The defendant, FRED B. DURNIN, hereinafter referred to aB the father, shall have partial custody at timeB to be agreed upon by the parties. 3. The mother and father shall share legal custody of the children. 4. The mother and father shall notify each other of medical emergencies which ariBe while the children are in that pa.rent 's care. 5. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the . , I . .<:- ~'~ 0- -- to- ...... -a , , '1 4 ;: ., I J> '" ',\' , i~ N an ?= N :~~ :> I~ ~ (,)~ f:: 1s;: \D .~ o. I . 'I.~ ~I, ~ ';]1J .1'" ,'"~ F' ~::. l:5 '0 d U'I .' I' , , KAREN B. DURNIN, Plaintiff IN 'tHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 96-2934 CIVIL FRED E. DURNIN, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this I(!t~ day of j~\~~, I' 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, FRED E. DURNIN, is directed to appear for trial on the charge of Indirect Criminal Contempt before the ') r' (/, . ) . " , I'r) Court on the ~ 'day of ',(( I , J. , 1996 at 'I, ,. O'clock II / ';1 (~ .m. in Courtroom * ~ 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 rf.1quest 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, All J. Michael S. Schwoyer, Esquire Chief Deputy District Attorney FRED E. DURNIN COMMONWEALTH'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: l. 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 av"rred 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 Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S6113. 6. The plaintiff and the defendant June 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. S6117. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. ResP8ctfullr.,[;' u mitted, . : U) it MiCh~S yer Chief Deputy District Attorney Addr...r 09-2-01 Paula P. correal 1 Courthouse Square Carlisle, Pa. 170130 CRIMINAl. COMPlAINT and PROBABLE CAUSE NFIDAVlT COMlolONWRALTH or PBNNBYLVANIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF: QJmberlarxi MI'. Dill. No.. DJ N..., Hon. Tol""'ono. (7171 240-6564 DEFENDANT: VB. NAIll ond ADDRIII r mmmrac my OORUN 2 MAPLE AVE CAALISLE, PA 17013 L S~: H RACE: W Docket No.: Date Filed: 12984291 (PAl OTN: C"""lllnl N",*",,, I I othlr Porllclponu 'l Rell, Plate No, Annual Sticker No. Operator's Ucenle No, Cooplllnt N"'*"'r '* UCR N'-r Incident N'-r 96-001632 OR! NO: 0211500 D.O.B.: 02/11/1947 S,S,tII: R.B.A.: A,K.A.: Diltrlct Attorney's omce 0 Approved 0 Dillllpproved because: \_ ltw l"ln tl rcl I poll" offt.... .. dtfhwlln IMI ~'(Cl"" ltw oflorooll' "'"'-I Inclu:lt<l) """--"" ... Illcrv "'Idl _ rcl I'MllYO I <1_ ord lII...-.t .reoo: to "'i _... 10 ltw C<IIIIU\ 'Y. ltw cmplllnt ....11 60 Ilbolltld 10 ltw Illomov for l!lo c:.a.a-llll. ""'....11 _.... dl__ wlthcOJt ~. del...). 165-38-2486 (~ ~~~ ;:Sldl= ~~1= ~~~~.~;oci~3C11 __Vll1~) do hereby state: (dlId< _lit. lllII) I. DIll accuse the above named defendant, who lives at the addrell8 set forth above or, o I accule an Individual whose naOle II unknown to me hut who II described as o HII nickname or popular deslllllatlon II unknown to Ole and, therefore, I have dealll'lated him herein as John Doe: with violatlnll the penallawl of the Commonwealth of Pennsylvania at -4 CLEARVI..&1 ~ AVENUE NORlH MIOOLEI'OO 1'Q\'NSHIP In a:MBDlL1\ND County on or about 6-17-96 I! 2300 - 2315 Partlclpanta were: (If thoro .... 1*'1Ic1pnl. pl... ltwlr... ........ "'1*,1" l!lo .- of ...... dtf_, fRIDERIC< my OORNIN 2, l'he acta committed by the accused were: (SOt 1...11I I """"'"' of ltw lell outflcln to ICM.. ltw dtf......" of ltw ..",. of ltw ofl.... dtorgod. Ntllllor ltw wldlnot .... ltw "~: Ill_Iv vlolllld _ bt c tld. nor "'"II I elllll~ of ltw ltotul. III_v vlolllld. "'" IlIIlI. bi ""ftc n. In I -.-y.... III I <IIoII~ of ltw _If Ie IICtl~ rei Ilb-lICtl~ of tltl IlIlUtO ... ordl....,. 11I"v vlollled). INDIRB:T auMINAL cx:m'D4P1' - PIlal'n;nOO f1Q{ ABUSE ACT srenoo 10190: 1lIE DEFENIlANI' DID VIOIATE 1lIE ORD~ ISSUED UND~ 1lIE ~rEr:TIOO FR:M ABUSE ACT IN 00. 96-2934 CIVIL na<I ISSUED QI 24'lli DII.Y OF HAY, 1996 BY 1lIE HNIlABLE JUDGE nvIN A. HESS, WHIOI ORD~ D:IREcrID 'IHE DEFmIWfl' NC1l' TO PIJl' KAR!N 00IlNIN IN FEAR OF MlUSE IN 'llIAT FREDERIC]( OORUN DID PfaoIL AT NIGHI' CNl'O PRlPDn'Y CHm> BY alE BRf.NDo\ 9:IlRESOO, WHmE KAR!N OORNIN WAS srAYIm, AND Jl.HlID FR:M Bl.'SHES ADJACJ!Nr '10 1lIE InlSE AT 4 CLFARVIFl'l AVENUE, AND SfnmD AND SCARED BCmI KAR!N 00IlNIN AND BRENM 9:IlRESOO, PlACING KAR!N OORNIN IN FFAR OF ABUSE, AND nmu:FORE HAD DIRB:!!' <Xm'ACT WHIOI CR>ER DIR!X!l'S HIM oor 10. PRlBABLE CAUSE: 00 JUNE 17, 1996 AT AJnJN[) 2315 II:lURS 'IHIS OFFI~ WAS DISPATOlED TO MEE.T A I<ARm OORUN AT 4 CLFARVI&I AVENUE IN REFERmCE A 1'HJ!'n;UQI FJOol ABUSE ORDER CXH'lAIN1'. I ARRIVED AND SPa<E WI'DI KAREN OORUN AND A ~ salRESSO WOO OODI SI'ATED 'llIAT B!ll'WF:m 2300 II:lURS AND 2315 II:lURS KARm'S SEPARATED 1lUSIWlD, mmwC]( 00JlNIN, JlMPED FJOol BU5H&'lLGCATED D~Y BESIDE 1lIE REAR OF l3RENtIA. ~'S RESIDENCE AT 4 CLEARVI&I AvmtJE. 'lliEY srATED 'tHAT HE SAID Sl:ME1HIOO TO 1lIE UUA.'l' OF "I oor YOO" AND ~ 'IHIOOS N-lD HAD A CASSEITE R!X:XR)~ IN HIS HAND. HE WAU<ED UP TO BC1DI AOPC 412A.94 (reproduction) 1,3 I, ~i ai ~~ ..., ~g Z ... .... ... :5~ ~ ... ZZ z'" .c ~ ~z c( !i~ .~ z", a: ....... -~ => c(::l - ,z c iZC 0 1-8wz a: o ~c( ag => .~ ""'IV '-' c'" ::>... -0 > ~ CIV .... I!:zo~ ~g .... > C 0 !I2~:r~ <C ~ ... a: offiltz .~ '" Ii: 0 > Z Q ~1O::lle .,. ... c 1-:18 - ::lZ '-' a: ... a: 8~ "' Q< Q u...::l W oT "" .... 00 iil wa: m wu... :J ~~ '" uO a: N u: ~ , Z::l \D u... -0 '" 0 I, ') .\ ,; , ': :, , . . R. rHQM4S KLINE Sheri" ~\\ "t CUIlr",~.I~ ~O~. ~~ ~~ , ~... (..;..;:.. I ;," ,"flr~':, ,', f -. , .. . I'); ':\~'1 '. ',', -~. . I .', ',. .) RONNY R. ANDERSON Chle' Depu1v HORACE A, JOHNSON Sollcllo' OFFICE OF THE SHERIFF AUDREY Q, AD4MS Rill EIIIII Depu1V Cou,t House Carlisle. Pennsylvania 17013 . I t,...._ August I, 1996 " (.., , . I" '. I'; W Law\'ence Welker ~berl,,"d Co. Prothonotary ~8rlis1e. Pa. I RB:,CIVIL SUBPOENAS d 'I I) I. 96-0994 Civil Richard W. Scott Jr. 2, /96-2934 Civil Frederick Durnin 3. 96-3415 Civil Ronald Moore 4. 95-~ Civil Gerard Boullainne 'D)"{ Total 10.24 3.20' , '1 :j , ;1 ,;1 " ' " I , II 3.20 9.60 $26.24 I, I;' , :,~ I.., ..'I ,-':' ',', ;'I-,f ;'11 i' i4'" ;('1 ' f.j. , ('.\;i.(I1 \/:,. :,"f. So enswen: , /)/ ~ J('~~# ;Cr'-:- R. Thomll$ Kline. Sheriff ;" " , b ;'~' " I t, ,I J :', 1f,;:I', " r 'I' i! " ': II'!:!' I' , :.1 , ',I, IIJ! " 'l.1 !:rl /,1;1 'l'l: lid,; III :'Jil/,'!.II [' Ii' '11,h'l! ,\ l, I ~ , j-:, ,';;:1 II: I. " " :1\ 1 II('!'I'-I.: Ill-flf Itlll' i . '1111 ' ~ " I Ii , " . I ,,'Ii, , , ~: , I I " J 1'", " 1'-,1\ I' I'; III /; Iii I' " I' I:, , , " I ," ,I , , ~_, L , I I '" I " I j" , 0 ',II 11 " I " 1 1 I'll I I r ~ 1\ :,:1,1' ,. " " "I I", ',', '1,1" ,', , I, l .,111 " I" I,~ I, 1 I! I I I J " , 11" , 'I 1/ '.' II .-,JI ,I :'1,',1']' /1,\")',/\')1' I, (,I.: ,1,/, ," "L1J 11<1'1'1,1 ;.11,(' 1'1, "III.. ! ",1,111 I, , L',~,' 'I I.' I II I I, hi'.' I " ,f 1101, 1 II " I, 1,1 n- , ill :,1 1'1 " jil)',-, " ", ,I d 'I t,. ,I '.iI" ':'" 1)1' , I !':J'Il'I'!IU~ f{'{ , I'~ I, \ : I ill i\ ". I' , , I; I I I , , : , " I ,:' I'; 1",\ I , .. , I II' , "1" 11,11, 1\,,,1 '!Il ,,., I. , I ,,' 1;1 ,II, ~~~'f~ I, l',1 '\.1'" /\ ;, I! I, .I'I'~:\ Il':: '.1.1 ""I ,JI.,'I .'ill ',' 1; .10 to. q(,. '-hl.....O. ~~I~ ~ KAREN B. DURNIN, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96~13lfcIVIL TERM FRED E. DURNIN, Defendant PROTECTION FROM ABUSE AND CUSTODY TIMPORARY paOT.OTION oaDla AND NOW, this .. y' day of May, 1996, upon presentation and consider.ation of the within Petition, and upon finding that the plaintiff, KAREN B. DURNIN, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, FRED E. DURNIN, the following Temporary Order is entered. The defendant, FPED E. DURNIN, SSN:165-3B-2486 and DOB:2/11/47, now residing at 2 Maple Avenue, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, KAREN B. DURNIN, or placing her in fear of abuse. ., ... , Tile 8AtaJ.d"..t i.s t!xelugea fr~"" +-hA rasla8Rs8 10("Att)fi ~L ~ '<1 u-,le .\'"JerL'16, e6...11Dla, \"'umba.Llllo4ud ea\t.ftty, re.u'..ylvaftia, a r..i.."88 t"lligh ill QUR.a lay tft6 det~rulal'lt lJu~ nas batHI Lha _--rilul l6.i~aRQa '~"~A ~he parties were marr{An i~ lJ'O~ The defendant is ordered to stay away from any residence the plaintiff may establish for herself \n the future. 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 relativos. The defendant is enjoined from entering the plaintiff's place of employment. The defendant i. enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A violatioD of this Order ..y eUbjeot tbe defendant tOI i) arrest under 23 'a. C... '1113; ii) a private oriminal oomplaint under 23 'a. C... ,1113.1; iii) a obarqe of indireot oriminal oont..pt under 23 'a. C... '1114, punisbable by imprisQnaent up to ei. montbs and I fine of '100.00~'1,OOO.OO; Ind iv) oivil oont..pt under 23 'a. C... ,1114.1. Re.umption of co-reeidenoe on tbe part of the plaintiff and defendant sball not nullify tbe 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 delendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of CASSANDRA and MICHELLE DURNIN, is hereby awarded to the plaintiff, KAREN B. DURNIN. A hearing shall be held on this matter on the ~ )11 1996 t 'I ('(.1 i C t ' . {( ( , I , a ,,<.' . . m. I n our room J I Cumberland County Courthouse, Carlisle, Pennsylvania. day of '/ Noo_, 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 appropriate Police Departments in the areas where the plaintiff lives and works 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 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, :r A.d-.. Judge 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. ...S 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 .bould tate tbi. paper to your llwyer at once. If you do Dot bave a lawyer or cannot afford one, qo to or telepbone tbe office .et fortb below to find out ~bere you oan qet legal belp. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 ax.RICANS WITH DI8ABILITI.. ACT O. 1"0 The Court of Common Ploas 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 mU8t be made at least 72 hours prior to any hearing or business before the court. KAREN B. DURNIN, Plaintiff IN THE COURT OF CO.~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-.JY1'/CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY v. FRED E. DURNIN, Defendant PITITIO. roa paOT.OTIO. oaDla AlII) CU8TODY alLIlr UHDla TBI paOTICTIO. raOK ABUSI ACT, 23 P.8. S 6101 et .eq. A. ABU8.1 ,,1. The plaintiff, KAREN B. DURNIN, is an adult individual whose permanent ~esidence is 2 Maple Avenue, carlisle, Cumberland county, pennsylvania, but is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 2. The defendant, FRED E. DURNIN, SSN:165-38-2486 and DOB:2/11/47, is an adult individual residing at 2 Maple Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant is the husband of the plaintiff. 4. Since approximately May 17, 1996, 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 May 20, 199~, the defendant threatened the plaintiff saying, "Get out of the house, get your things, and get out or it will be worse than the last time," referring to an incident on May 17, 1996. , " Fearing for her safety, the plaintiff contacted the North Middleton Township Police who escorted the plaintiff and her two children to safety. b. On or about May 18, 1996, the defendant pushed the plaintiff onto the bed, straddled her, and attempted to force the plaintiff to have sex while he had a video camera set up across the room. c. On or about May 17, 1996, the defendant came into the bedroom, poked the plaintiff waking her from a sound sleep, verbally abused her, lay on her, and pinned her down. When plaintiff managed to get the defendant off of her and went into the living room, the defendant followed her and shouted at her. The defendant followed the plaintiff about the house for several hours, and when the plaintiff sat down on a chair, the defendant punched the side of the chair where her head was several times. The defendant then 'I picked up the chair and threw the plaintiff out of it. When the plaintiff went to the couch, the defendant grabbed at the plaintiff's breasts and poked the , plaintitt saying, "It I thought I could get away with it, I'd beat the shit out of you so badly you wouldn't be recognizable." When the plaintiff sat down, the defendant again punched the chair where her head was, grabbed the plaintiff's ponytail, and twisted her head about threatening, "I'd love to absolutely beat the shit out you." When the plaintiff got up from the chair, the defendant shoved her several times into the kitchen table and chair, grabbed her by the forearms, twisted them, bent back her fingers, pushed her to the ground, hit her on the back of the head, and forced her to stay on the floor while he yelled obscenities at her. The plaintiff's child woke, and when the plaintiff lay down with the child, the defendant grabbed at the plaintiff's breasts. The plaintiff Buffered numerous bruises to her legs and arms, and swelling and pain to her fingers and hands. 5. On or about May 20, 1996, the plaintiff and her two children left their residence at 2 Maple Drive, Carlisle, Cumberland county, Pennsylvania, in order to avoid further abuse. 6. 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. 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. 10. The plaintiff desires that the defendant be restrained from entering her place of employment. 11. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the pl~intiff. B. IXCLUSIVI POSSISSIOK 12. The home from which the plaintiff is asking the Court to exclude the defendant is owned in the name of the defendant but has been the marital residence since the parties were married in 1990, and from which the plaintiff left because of abuse. 13. The plaintiff currently has no place to stay with her two children except the marital home. 14. The plaintiff desires possession of the home so as to give the greatest degree of continuity to the lives of the children. 15. The plaintiff desires the defendant to provide suitable alternate housing for her and the minor children. C. aIIMBUR.1Il11IT roa COST or CASI 16. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. 18. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. 19. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court 1n this or any other jurisdiction. 20. The plaintiff does not know of any person not a party to this action who has physical custody of the children or ~laims to have custody or visitation rights with respect to the children. 21. The best interests and permanent welfare of the minor children will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor children and has provided for the emotional and physical needs of the children since their births. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate rolo model for the minor children. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of Octobe:r 7, 1976, 23 P.S. S 6101 Jlt aG., 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. Granting possession of the home located at 2 Maple Drive, Carlisle, Cumberland county, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter; 3. Orde~ing the defendant to refrain from having any direct or indirect contaot with the plaintiff inclUding, but not limited to, telephone and written communications; 4. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 5. Prohibiting the defendant from entering the plaintiff's plaoe of employment; 6. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the partie. or owned solely by the plaintiff; 7. Ordering the defendant to stay away from any residence the plaintiff may establish for herself in the future. 8. Granting temporary custody of the minor children to the plaintiff; 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. Granting possession of the home located at 2 Mapl~ Drive, Carlisle, Cumberland county, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter or ordering the defendant to provide alternative housing for the plaintiff and her two children; 3. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff inCluding, but not limited to, telephone and written communications, except for the purpose of facilitating custody arrangements. 4. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff'S relatives. 5. Prohibiting the defendant from entering the plaintiff'S place of employment. 6. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 7. ordering the defendant to .tay away from any re.idence the plaintiff has now or may estabJ.ish for her.elf in the future. 8. Ordering the defendant to pay $250.00 to one of Legal Services, Inc.'s funding sources for the cost of litigating this case. The plaintiff further asks that this Petition be filed and .erved without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the appropriate Police Departments in the areas where the plaintiff lives and works. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, J I " I II I , " , , )) I {;. . I ',. .1-, < :,/Joan Carey Attorney for laintiff L.GAL ...VIC.., I.C. 8 Irvine Row carlisle, PA 17013 (717) 243-9400 , " I, I , PrtllmlnQry ObjtL'llon on Ground II! Lack of COII{tmnlly III Rult ,I! Court 11. Pennsylvania Rule of Civil Procedure 1915. 15 prescribes the form for a complaint for custody. 12. Defendant's petition fails substantially to conform to Rule 1915.15, Inc:luding but not limited to his failure to aver the residences of the subject children during the past five years. WHEREFORE, Plaintiff reQuests that the Court: a. enter immediately an order Slaying the custody conciliation conference pending resolution of these preliminary objections; and b. thereafter enter an order dismissing Defendant's petition for custody; and c. after hearing, enter an order awarding her counsel fees and expenses pursuant to 23 Pa.C.S.A. 0 5348 (g) and 42 Pa. C.S. I 2503. Respectfully submitted, Date: L.Ii<.-a.dM,.h- Theresa Barrell Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel For Plaintiff I , " , 'i 'I .1 3 , ' , , EXHIBIT B " PROOF OF SERVICE I hereby certify that I am this day serving a copy of the attached Preliminary Objections upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service vlafax andflrsl-c/ass mall addmsed asfollows: Dawn M. Sunday, Esquire 39 West Main Street Mechanicsburg, PA l70SS Conciliator Marcus A. McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendalll /7 0 '&uuJ/:J~' - Theresa Barrell Male, Esquir Supreme Court # 46439 11 S Pine Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: April 3, 199,8 k ~' ,'I I~ f'\ I: ,,' '" :11 , ... There.. Barrell Mele Supreme Court #46439 115 Pine Street Harri.bura, P A 17101 (717) 233.3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN B. (DURNIN) HOFFER Plaintiff v. NO. 96-2934 FRED E. DURNIN, Defendant CIVIL ACTION - PFA ORDER OF COURT AND NOW, April rl , 1998, upon agreement of the parties, the Court CONT/NIlES generally the hearing on Plaintiff's preliminary objections scheduled for April 7, 1998 at 3:30 p.m. and the I:USlody conciliation conference scheduled for April 8, 1998. BY THE COIlRT: / iJl/.J Edgar B. Bayley, / J. '\ d,' " ,'.' , il: _"f ?: ~ -'J ~I(\ ..' /~ N .' ',I f"' , .'1,-. I...: (Iir ~ .1,.. ;1' "J tI 1 ~ ~ " 0;1 >,. ., .-/ ~'-': ""1; .':'(i'} , ~j :.c ~.:! e_ m ...; IJ' , U "I " ", ~UN 0 2 1998 KAREN B. (DURNIN) HOFFER, Plaintiff I IN THE COORT OF ~ PLEAS OF I CUMBERLAND CCXlNTY, PENNSYLVANIA I I NO. 96-2934 CIVIL TERM I I CIVIL ACTIOO - LAW I IN cusrooy va. FRED E. DURNIN, Defendollnt ClUlIlR at CXUlT AND NlJI, this 28th day of May, 1998, the COnciliator, being advise<J by Pleintiff's counsel that this matter has been rellOlved, hereby . relinquishes jurisdiction in this caee. FOR 'l',iE COURT, I :1 , 'I i '/ ;',1 " , , :' "11' , I i ~ ~;, wI' ~; ., .. c-~ ~~'. .J_ .. . f.':; ~ " .... o ~ :r,; .'l.. "., , 5 ""l en ln ~ <'I ." ...r (') ~. ,));;...;; .' :.);i Iyjfi )~ ;ilru n.u): ~~ ~ "