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Home My WebLink About96-03016 , I , I:' ~~. , ,~, ,j I' , I , , " f ',!~ If- " ,. " . I \ " " ',/, " I", I 'j: , ' f I . { I 1 " " I' .',. ., ,,' " " i " " ~' ~ .~ " ,. .' 1.1 ~ , .~ .. ~ ./ ,~ ~ ~ I , , " , , , ~ ~ ~ ~ STATEMENT LAW OFFICES MEYERS and DESFOR P.O. BOX 1062 410 NORTH SECOND STREET HARRISBURG, PA 17108 717.236.9428 Hs, Grace R, Schuyler DATE DESCRIPTION ATTY CHARGE PAYMENT cU"~!.~i': 5/28/96 Initial Consult BDD 250 0 ry~llfllr ,h.-_ -5]'58/0(, D~~C' .",,\ ,~"'.. Inn -"nn '''' .- "no u^~ ~( n....tul'loy t-n "..._1..f _1, nN 5"'THi~Q &Qt:ui~~ 2. .. L '^>-ies . . 'v .", noLO /'J i'" .J"V -.JI! nJf7C:r, U L .....". 1.<11 - Llient: . ,,, Gll.eIlt: .J -:l QUI rUU - r lH:lIIUU .. .J.JV ~I 1010~ c~-~'''C-'o police II? ~" (\( "" lOOn? 'nn . .. ~ ",",,' -LV ',.." Purl. Lie , flna - nog. "nynparree; rc -Client '1,25 BOYLE 125 00 r 26" -nn -~Jn~ nn .M .- ~ ;~ PostsRC 7 02 I,.r ~J. ' oB 6 TC Attv, Gilrov, ~li, ,. 'l'r ,~l ~ ~ii4M .n ..... , n_n~.., ... "''' . . .. . "L :~ . --600- :. ,-. <VJ --- -- -- '\ -1# ~fA - 44 - C - CONFERENCE L - LETTER R - RESEARCH M - MEMO TC - TEL.EPHONE CAL.L. ROA - RECEIVED ON ACCOUNT CC - COURT COSTS I - INVESTIGATIONS CR - COURT REPORTER NT - NOTARV FEE flI.AINrW'I ..., ~"S. . " 5 ,. I/U.~ ~ ~ r i (,- L ,I.IJ,L L~I I " {,.; I I ~'.- t"; . '. ." ','"", -,;,'t i . ''; "'I -: . ~;tMi"I~~~~\;~;~{~ I " i'lltf lltwl ' J ! I.,.' I- I , 'i .1, " ., , . I , ."'t I' \.",1 '.~ )q : :'I~ ::J ,,-! I ,..'" .,-. :;./ t '~.:"" , ,.,,} .'j t:) . , I' '. q ; I' I". d \9 ~ ,-~ \...~ I IJ:' , . I' I , \J . C1 ~ .~ \tj IX " 3 it " ~ " 5 ~ 13 . ~ w 0 ~ ~ Q ~ ~ l(j v . ~ " . :& '" J &1 % ~ ~ o "' ~ ~ . !!) II: Q II: ~ < . r hr .I;V ,'. " , , ,. . . . VB, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I NO. 96 . .30/~. C.~Jdtt1Ol CIVIL ACTION PROTECTION FROM ABUSE NOTICE GRACE R, SCHUYLER, Plaint if f KERRY N. HITT, Defendant 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. FEES 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, costs and expenses to Meyers & Desfor 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 OFFTCE SET FORTH BELOW TO FIND OUT WHERE YOU CA~ GET LEGAL HELP. COURT ADMINISTRATOR/4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA (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. MIVlRI'DlII'OII 410 NORTH SECOND STREET . POBOX 1082 . HAAFlISBURG, PA 17108 171712311-9428 . FAX 171712311-2817 IN THE COURT OF COMMON PLEAS OF C~'BERLAND COUNTY, PENNSYLVANIA NO, ~6 - ,30/~, (~~Jdt~ N l'ROM ABUSE GRACE R. SCHUYLER, Plaintiff. vs. KERRY N, HITT, Dc You against t must take Notice a1 the heari CQurt you against y Court may against y. money cIa: relief rec property, eA.irzr.:J (-1M it~ . k 11,)( ~I.t . f~r1"".v'i T ~ 1 .:tp( .-;itltw'j . Jilt; -, ~:, () Due , __ .......u \,;uMT8 'ou wish to defend lowing pages, you tition, Order and lly or by attorney at 9resenting to the ~ claims set forth I fail to do so the ,ment may be entered . notice for any . other claim or m&y lose money or u. 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, costs and expenses to Meyers & Des for 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 AFl'ORD ONE, GO TO OR TELEPHONE THE OFFICE SET l'ORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA (717) 240-6200 AMERICANS WITH DISABILITIES ACT OP 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. MlYlIlI. DI_ 410 NO~TH SECOND STREET . POBOX '082 . HARRISBURG. PA 17108 1711123&942B . FA)( 17111 238-2B17 GRACE R, SCHUYLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 'II., 101 ~ ('.u.;j .~~- VS, KERRY N, HITT, Defendant CIVIL ACTION PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this ..7"ir of May 1996, upon presentation and consideration of the within Petition, and upon finding that the Plaintiff, Grace R. Schuyler, now residing at 250 Reeser Road, Camp Hill, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the Defendant, Kerry N. Hitt, the following Temporary Order is entered. Law enforcement agencies and human service agencies shall not disclose the pI'esence of the Plaintiff in the jurisdiction or district or furnish any address, telephone number, of any other demographic information about the Plaintiff except by further Order of Court. The Defendant, Kerry N. Hitt, SSN: 166-36-2908 and DOB: November 23, 1946 now residing at 116 S. 18th Street, Harrisburg, Dauphin County, Pennsylvania is hereby enjoined from physically abusing the Plaintiff, Grace R, Schuyler or placing her in fear of abuse. The Defendant is excluded from the Plaintiff's residence located at 250 Reeser Road, Camp Hill, Cumberland 2 MlVlIIa a DlIIfOIl "ONOATHSECONDSTAEET . PO BOXllle2 . HAAA'SBUAG, PA 17108 ,7l7l2*942B . FAX 1117123&.2817 County, Pennsylvania, a residence which is jointly owned by the entireties. The Defendant is order~d to refrain from having any d~rect or indirect contact with the Plaintiff including, but not limited to, telephone and written communications, The Defendant is enjoined from haraasing and stalking the Plaintiff and from harassing the Plaintiff's relativeo, The Defendant is enjoined from entering the Plaintiff's place of employment/business. The Defendant. is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the Plaintiff, A violation of this Order may subject the Defendant to: i) arrest under 23 Pa.C.S.S 6113; ii) a private criminal complaint under 23 Pa. C.S. S 6113.1; iii) a charge of indirect criminal contempt under 23 Pa. C,S. S 6114, 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, S 6114,1. 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 3 MI""'D1_ 410NORTHSECONOSTRW . ~o BOX 1087 . HARR'SBURG. PA.l7108 '717'23&942' . fAX 1717173807817 1 l The Pennsylvania State Police and the Hampden Township Police Department, the Harrisburg CJ.ty Police Department and any other police department with ju~isdiction to enforce the order, 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 warrant upon probably 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 '1 the appropriate district justice. (23 Pa. C.S. ~ 6113). J. I ~ I 'I , I ( I \ 1 1 i , '.1 1'.\1 5 l' MlYI"'.DI_ "0 NORTH SECOND STREET . POBOX ,oe~ . HARRISBURG. PA l110e 11171 ~3e.lM~B . FAX 11171 ~3e.~817 GRACE R, SCHUYLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'l'Y, PENNSYLVANIA NO. n ,doll. &';<1 r.;"........ VB. KERRY N, HITT, Defendant CIVIL ACTION PROTECTION FROM ABUSE PETITION POR PROTECTION ORDER RELIEF UNDER THE PROTECTION PROM ABUSB ACT 23 P.S.. 6101 et ..q. A, ABUU 1. The Plaintiff, Grace R. Schuyler is an adult individual residing at 250 Reeser Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2, The Defendant, Kerry N. Hitt, SSN: 166-36-2908; DOB: 11/23/46, is an adult individual residing at 116 S. 18th Street, Harrisburg, Dauphin County, Pennsylvania. 3, The Defendant is the Plaintiff's husband. The parties were married on December 20, 1992. They have no children. 4, Since approximately December 1993, 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 i.mminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward 6 MlVlM. Dlll'OIl 410NOATHSECONOSTAEET . PO BOX 10112 . HAAA'SBURG. PA.17IOB 171712Je.tM28 . FAA 1717123"'2817 the Plaintiff including foll0wing the Plaintiff without 'I. proper authorization, under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited tOt the following specific instances of abuse: a, Since December 1993, the Defendant has become increasingly more abusive and violent toward the Plaintiff, b. ;, Throughout the past year, the Defendant has repeatedly emotionally, verbally and mentally abused the Plaintiff including cursing at her and manipulating her. c, Several times throughout the past year, Defendant has grabbed Plaintiff/s writs in such a way so as to cause bruises. d. On or about February 1996/ Defendant threatened Plaintiff with his fist in her face, cocked ready to punch her. e, In March 1996/ during another abusive episode, the Defendant threatened to get a gun for possible use against the Plaintiff. f, On Sunday, May 26, 1996/ the Defendant threw Plaintiff against the wall and struck the Plaintiff in the face which split her lip and caused her to bleed profusely. 7 MlVIR.. DI'_ .'ONDRn, SECDNOSTREET . POBOX IOU . HARRISBURG. PA,I1108 t7'712311-942~ . FAX (7171 2311-2B17 7, Ordering the Defendant to stay away from any residence the Plaintiff may in the future establish for herself, 8. Ordering the Defendant to relinquish to the Sheriff's Department the following weapons which he owns, possesses or has used or threatened to use against the Plaintiff including but not limited to the two handguns and two shotguns and prohibiting the Defendant from acquiring or possessing any other weapons for the duration of the order. B, Schedule a hearing in accordance with the provision 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 and/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, 11 M1YI~'. DlIfOII 41l)NOFlTHSECONOSTAEET . PO 80>:1062 . HARRISBURG. PA 111M 1717'1311-9<118 . FA)( 171711311-2817 destroying,' or selling property jointly owned by the parties or owned solely by the Plaintiff; Granting possession of the home located at 250 Reeser Road, Camp Hill, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the Defendant pending a final order in this matter; 7, Ordering the Defendant to stay away from any residence 6 , I I'. :1 ,. I' I 1 the Plaintiff may in the futur.e establish for herself; 8, Ordering the Defendant to relinquish to the Sheriff's Department the following weapons which he owns/ possesses or has used or threatened to use against the Plaintiff including but not limited to the two handguns and two shotguns and prohibiting the Defendant from acquiring or possessing any other weapons for the duration of the order. 9, Ordering the Defendant to reimburse the Plaintiff/s out-of-pocket losses suffered as a result of the abuse including but not limited to the losses listed on the attached sheet marked Exhibit "A". The Plaintiff further asks that this Petition be filed and served without payment of fees and costs by the Plaintiff, pending a further Order at the hearing, and that a certified copy of this Petition and Order be delivered to the Pennsylvania State Police, the Hampden Township Police Department and the Harrisburg City Police Department and any I I' 12 Mlvtlllll DI_ 410NOATH seCOND STReeT . POBOX loe2 . HARRISBURG. PA 17108 1711123&-9428 . FAX (111123&-2811 ,.". "It, " , . " " "'."~"l.~'.~lf.. ' ~ ~;' ~t. \, I' .. , i~ -, ,. IV _ I 'I~ .'1',\ I _ _ ' .f \1[\~),pJ,!\.~i1h!i':';I,:" f,' 1),",1"\\,1\(,/,1",1,.,, , I"'~J' '! I"'" ..,fl.;, :',1' ,."..,' ~ ' ".;.,. , . ,~ i',' " l.J.rr_~:I('_'J'I" :~ , ,d. tt'I,"1'I;\,,\'j!I"I"'.II" .l"'~J'~' 10 t' .' ,.'.. Ir "ri":J .', ",!h' hifiiJ,:\i:;:"J'I:I,i':_" ~~lje'l"")""" ,L ',"" '(fll,L ~fl ~,r"I;~7~[\('1 I' ..' ";~,lrJ\ll-'~';_i.I.,. ".' , I."..' . ;,1 I I", .~oIJJOe; ClIUtOV . HouaTCiN, ".0; · , ""...NfIVe ..., l.AW . . NO""," N....O\l1l" ..."..... 'O'"'/IUIIl.t, ~.NNIeV~Y,",NI"" '7Of. ~.... 1M......,.. ........ . '/it !I, '.' ,'I , ;,1: I" , '. " 1,'li " .i' , , 'I'i~- , , ;'1" 1", I 'I \,11, I..L I ...~_.....L. j.... i;;lli, I" ; ;' , o' ~ ,! :~iAY:St:,.,P' , " ~, , " I . , I . I< . ;.',i'll,' "Jl '. ') , ',' {:'.. i' It, 'i ill' i' " '.~I' . ,-, ,~\,' j'/',,! '1' j. 1,1. :\ ;' I' I I' 'I , 1 .<, '. .. J ~ " ': , . ~ .f I ,. f'- \ I , , J . \ .. " " ~ ' i .. . . ,.. 't't ' .... \ . .. ." t.-,..... .(" ~!: ~ ' . \ .' '/ I' . \ :,' .' '. f " ,/1 I . " ..; t I ...; , I , j< ~I'" _ ' ,~ ',~1Io , , I' , ( I .\ , .' . ", . , ,. F I" I , ~/K- V cA.C~ tML ~j~ '--'--;) /{ .) GRACB R. SCHUYLBR, , IN THB COURT OF COMMON PLEAS OF Plalnt1lt , CUMBERLAND COUNTY, PBNNSYLVANIA , v. , CIVIL AC'lION - LAW . , ICBRRY N. HITT, , NO. 96 - 3016 CIVIL TERM Defendant , , CIVIL ACTION , PROTBC'lION FROM ABUSE ORDER OF COURT AND NOW, thls day of May, 1996, upon conslderatlon of the attached Petltlon, lt ls ordered and dlrected as follows, A. Thls Court's prior Order of May 29, 1996, insofar as lt granted exclusive possession of 250 Reeser Road, Camp Hl11, Cumberland County, Pennsylvania, to the Plaintiff, Grace R. Schuyler, ls vacated. Defendant may enter the property at 250 Reeser Road, Camp Hill, Pennsylvania, at his dlscretion. D. The hearlng originally scheduled ln this case on the 5th day of June, 1996, at 3,00 p.m. is cont.inued until the day of June, 1996, at .m'. ln Courtroom 113 of the Cumberland County Courthouse.-- C. In all other respeots, this Court's prlor Order of Hay 29, 1996, shall remain in effect. By the Court, George E. Hoffer, J. ~ J' I ., ~o, f~ VJ-P/sL C\ - Cc~ I (IAJ~_Y' --hsz- '~"rw-.. '~~~~__bMtv--. (A~ lCJ ;/~.)... I '~T-) v?~,~...x '~ "- it.. , ., 1]-3/- qc., hcn:\od (lcv"~r) ~oC\:.~\ , fY\O.&'l..d(\tShc.Q...~o DS~\ All1 , , ,'"J "".-i , 4 ,.,' ~ 'f " " GRACB R. SCHUYLBR, I IN'l'HB COUR'l' OF COMMON PLBAS OF Plaintitt , CUMBBRLAND COITN'l'Y, PBNNSYLVANIA I v. , CIVIL AC'l'ION - LAW I URRY N. HI'l''l', , NO. 96 - 3016 CIVIL 'l'ERN Defendant : : CIVIL AC'l'ION : PROTECTION FROM ABUSE PB'l'I'l'ION TO MODIFY TEMPORARY PROTECTION ORDER Defendant, Kerry N. Hitt, by his attorneys, Broujos, Gilroy & Houston, P.C., sets forth the following: 1. Plaintiff, Grace R. Schuyler, through her attorneys, Myers & Desfor, filed a Petition for Protection Order for relief under the Protection From Abuse Act, 23 Pa.C.S. S6101 et. seq. (the Aot) on May 29, 1996. 2. Pursuant to filing of said petition, th,e Honorable George E. Hoffer entered a Temporary Protection Order (Order) on May 29, 1996. 3. The Order excluded the Defendant from real estate at 250 Reeser. Road, Camp Hill, Cumberland County, Pennsylvania. 4. Paragraph 11 of the Petition for Protection Order recited the following: "The home fr.om which the Plaintiff is asking the Court to exclude the Defendant is titled to tho Defendant but was acquired during the marriage and is therefore joint marital property. " 5. 'l'he Temporary Protection Or.der which was drafted by Defendant's counsel includes language suggesting that the residence at 250 Reeser Road, Camp Hill, Cumberland County, Pennsylvania "is jointly owned by the entireties" . 6. Defendant, Kerry N. Hitt, is the sole owner of the real estate at 250 Reeser Road, Camp Hill, Cumberland County, Pennsylvania. A copy of the deed for the property is attached hereto and marked "Exhibit A". --'~.._.~ .._.-.-~ I: 7. The home in question is not Plaintiff and Defendant, Defendant. 8. The Act at 23 Pa.C.S. S610B governs where the Court may grant exclusive possession. Nowhere in the Act at S610B is the Court allowed to grant exclusive possession rnerltly on an allegation from the Plaintiff that the real estate in question is "marital property". owned in the entireties by but is owned solely by 9. The real estate, being owned by the Defendant individually, is clearly not entireties property under Pennsylvania law. Creation of entireties prop~rty requires a conveyance from one spouse to the other by a deed or requires a conveyance into both spouses at a time when they were husband and wi fe. 10. The Act at 23 Fa.C.S. S610B(a)(2) allows the Court to grant ~xclusive possession of real estate to a plaintiff where the residence is owned solely by the defendant only in circumstances "when the de.fendant has a duty to support the plaintiff or minor children living in the residence or household." 11 . There are no minor children of the parties. The only individuals residing in the residence are the Plaintiff and the Defendant. 12. Defendant does not have a duty to support the Plaintiff, and Plaintiff did not allege any such duty in the petition for a protection order. Defendant is employed at Advanced Composite Products, Inc., at a salary of approximately $40,000.00 per year. Plaintiff is an attorney with an insurance company and Defendant believes that Plaintiff's salary is in the area of $60,000.00 per year (Plaintiff and Defendant have filed nparate tax returns and Plaintiff has never advised Defendant of her exaot salary). 13. Defendant bought the subjeot premises with his own funds and entered into a mortgage with a pledge of his own assets as security. Plaintiff specifically advised the mortgage company that she was not interested in incurring any obligation with respect to the subject property. 2 ,-..-- ..-~ ----.~. I , , I , VBRIFICA'l'I9N I, Kerry N. Hitt, verify that the statements made in this Petition to Modify Temporary Protection Order are true and correct to the be.t of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904, relating to unsworn falsification to authorities. Dated, .'2 /31 /1C , -2 F!J iNl;zL#- Kerry - tt I I . . -- GRACI R. SCRUYLIR, Plaintiff IN THI COURT or COMMON PLIAS or CUNBIRLAND COUNTY, PINNSYLVANIA CIVIL ACTION . LAW NO. 96.3016 CIVIL TaRM v. XIRRY N. HITT, Defendant PROTICTION PROM ABUSI IN RII PROTICTION rROM ABUSI ORDIR OP COURT AND NOW, this 5th day of June, 1996, after hearing and con.ideration of the testimony pre.ented, we do find that the Defendant husband attempted to cause or reckles.ly did cause bodily injury in the nature of cutting the Plaintiff's lip by throwing a sweater at her, striking the Plaintiff and reckles.ly aausing the injury, although without any .pecific intent to cut the lip. Having found abuse, we direct the Defendant henceforth to refrain from abuaing the Plaintiff. The period of thi. Order i. one year. Plaintiff not meeting the criteria for further exaluaion in the Temporary Protective Order, the exclusion heretofore ordered is vacated and dismissed effective immediately. We direat that either party living in the hou.e from this point out either surrender any firearm. of any sort to the Sheriff'. Department pending the final dissolution of this marriage and settlement of property alaim. or make arrengements .uitable with the other party, or with the Court, for proper .torag. of the weapons out of the household until further Order of Court. As pert of the Plaintiff'. claims for attorney's