HomeMy WebLinkAbout00-00241
Lois E. Horner,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
Rodney Keener,
: NO. 00- ol- '/ I
CIVIL TERM
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend againstthe claims set forth
in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the
case may proceed against you and a FINAL Order may be entered against you granting the relief
requested in the Petition. In particular, you may be evicted from your residence and lose other
important rights.
A hearing on this matter is scheduled on the ~ot;h day of t:/AAlIJI4J, 2000, at
/tJ: diJ A.m., in Courtroom No....f- of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court
after notice and hearing. ,If you disobey this Order, the police may arrest you. Violation ofthis
Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up
to $1,000.00 and/or up to six months injail under 23 Pa.C.S. 96114. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18
U.S.C. 92265, this Order is enforceable anywhere in the United States, tribal lands, U .S. T~tories
and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate
this Order, you may be subject to federal criminal proceedings under the Violence Against Women
Act, 18 U.S.C. 9 2261-2262. ,
You should take this paper to your lawyer at once. You have the right to have a lawyer
represent you at the hearing. The court will not, however, appoint a lawyer for you. 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. If you cannot find a lawyer, you may have to proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)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 hearing or business before
the court. You must attend the scheduled conference or hearing.
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Lois E. Homer,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 00-
CIVIL TERM
Rodney Keener,
Defendant
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Rodney Keener
Defendant's Date of Birth: June 23,1961
Defendant's Social Security Number: Unknown to Plaintiff
Name of Protected Person: Lois Horner
AND NOW, this ~ay of v;'AlUIIIt!:t-, 2000, upon consideration of the
attached Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
[g) 1. Defendant shall not abuse, harass, stalk or threaten the above person in any
place where she might be found.
o 2. Defendant is evicted and excluded from the residence at _ or any other permanent
or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the
residence. Defendant shall have no right or privilege to enter or be present on the premises.
[g) 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to, any contact at Plaintiffs current residence, and any
other residence she may, in the future, establish for herself, and any place of employment.
[g) 4. Defendant shall not contact Plaintiff by telephone or by any other means,
including through third persons.
o 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded
temporary custody of the following minor child/ren:
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
The local law enforcement agency in the jurisdiction where the child/ren are located
shall ensure that the child/ren are placed in the care and control of Plaintiff in
accordance with the terms of this Order.
D 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office
or a designated local law enforcement agency for the delivery to the Sheriff's Office: Ilinh:t
is prohibited from possessing, transferring or acquiring any other weapons for the duration ofthis
Order.
[29 7.
The following additional relief is granted:
The Cumberland County Sheriffs Department shall attempt to make service at
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 Defendant by mail.
Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of Plaintiff in the jurisdiction or district or furnish any
address, telephone number, or any other demographic information about
Plaintiff except by further Order of Court.
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 fmds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
Defendant is enjoined from damaging or destroying any property owned jointly
by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
[29 8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter: Mechanicsburg Police Department.
D
9.
D THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER.
D ANY PRIOR ORDER RELATING TO CHILD CUSTODY
[29 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER
NOTICE AND HEARING.
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NOTICE TO DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for indirect
criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months injail.
23 Pa.C.S.g6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate
this Order, which can only be changed or modified through the filing of appropriate court papers for
that purpose. 23 Pa.C.S.g6l13. Defendant is furthernotified that violation of this Order may subject
himJher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges
and penalties under the Violence Against Women Act, 18 U.S.C.gg2261-2262. AnY1;Jrotection order
granted bv a court mav be considered in anv subsequent oroceedings. including: child custodv
oroceedings. under title 23 (Domestic Relations) of the Pennsvlvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over Plaintiff's residence
OR any locations where a violation of this order occurs OR where Defendant may be located. If
Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge
ofIndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant,
based solely on probable cause, whether or not the violation is committed in the presence of law
enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of abuse.
Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order,
which office shall maintain possession of the weapons until further Order of this Court, unless the
weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency
whose officer made the arrest.
BY~
,Judge
Lois E. Horner,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
Rodney Keener,
: NO. 00- .,2.,<f J
CIVIL TERM
Defendant
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff is Lois Horner.
2. The name of the person who seeks protection from abuse is Lois Homer.
3. Plaintiff's address is at an undisclosed location.
4. Defendant's address is 39 West Locust Street, Mechanicsburg, Pennsylvania.
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is June 23,1961.
Defendant's place of employment is Overnite Transportation, Carlisle Pike,
Mechanicsburg, Pennsylvania.
6. Defendant is Plaintiff's former intimate partner.
7. Defendant has been involved in the following criminal court action: Defendant has been
arrested for DUI on five occasions, and for harassment and public drunkeness.
8. The facts of the most recent incident of abuse are as follows:
On or about January 1, 2000, Defendant grabbed Plaintiff, pulled her off
of the couch, and pulled her hair causing it to fall out. Defendant punched
Plaintiff in the eye causing swelling and bruising. Plaintiff filed a report with
the Mechanicsburg Police Department.
9. Defendant has committed the following prior acts of abuse against Plaintiff:
a) In or about August 1999, Defendant became enraged at Plaintiff, took
her car without her knowledge and scratched her car with a key causing $547.00
in damages. Later that evening while Plaintiff slept, Defendant poked her and
screamed at her startling her exacerbating her fear. Fearing for her safety,
Plaintiff moved out of the residence and did not return until December 1999.
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b) In or about July1998, Defendant pushed Plaintiff, pulled her hair, and
slapped her in the face. Defendant locked Plaintiff out of the residence and the
neighbors, fearing for Plaintiffs safety, called the police.
c) In or about October1997, Defendant became enraged, pushed everything
off of the table onto the floor, broke the chairs, and smashed the phone causing
Plaintiff to fear for her safety. Defendant followed Plaintiff as she fled the
residence to go to a pay phone to call for help. The police arrested Defendant for
public drunkeness.
d) In or about September 1997, Defendant grabbed Plaintiff and pushed her
onto the floor causing her to land on her back. Defendant sat on top of Plaintiff,
straddled her, and choked her with both hands causing her to gasp for air and
resulting in red marks on her neck. Defendant grabbed Plaintiff by her hair and
repeatedly hit her head on the floor causing bumps on her head. The neighbors,
who heard Plaintiff screaming, called the police who arrested Defendant and
charged him with harassment.
e) From July 1997 to the present, Defendant has abused Plaintiff in ways
including the following: pushed, punched, choked, and restrained her, slapped
her, and pulled her hair.
10. The following police department or law enforcement agency in the area in which
Plaintiff lives should be provided with a copy of the Protection Order: Mechanicsburg Police
Department.
11. There is an immediate and present danger of further abuse from Defendant.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in
any place where she may be found.
B. Order Defendant to stay away from Plaintiffs current residence and prohibit
Defendant from attempting to enter any temporary or permanent residence of the
Plaintiff.
C. Prohibit Defendant from having any contact with Plaintiff either in person, by
telephone, or in writing, personally or through third persons, including, but not limited
to, any contact at Plaintiffs current residence, and any residence she may, in the future,
establish for herself, or any place of employment.
D. Prohibit Defendant from having any contact with Plaintiffs relatives.
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E. Order Defendant to pay the costs of this action, including filing and service fees.
F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s
funding sources toward the cost oflitigation in this case.
G. Order the following additional relief, not listed above:
Defendant is enjoined from damaging or destroying any property owned jointly
by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's.
H. Grant such other relief as the court deems appropriate.
I. Order the police or other law enforcement agency to serve Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will
inform the designated authority of any addresses, other than Defendant's residence,
where Defendant can be served.
Date: 1- / ;) - 0--0
000 Carey, Attorney Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S,g4904, relating
to unsworn falsification to authorities.
Dated: I - f l - 0 0
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Lois . orner, Plaintiff
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Lois E. Homer,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 00-241 CIVIL TERM
Rodney Keener,
Defendant
: PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, thisM- t1ay of January, 2000, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on January 20, 2000, by this Court's Order ofJanuary
12,2000, is hereby rescheduled for hearing on January 31, 2000, at 10:30 a.m. in Courtroom No.1' t
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered, through January 12, 2001, or until further Order of Court, whichever
comes first.
A certified copy of this Order for Continuance shall be provided to the Mechanicsburg
Police Department by Plaintiffs attorney.
Rod Keener
PRO SE DEFENDANT
Edward ~. Guido, J~dRe J
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Joan Carey, Attorney for Plaintiff
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Lois E. Homer,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 00-241 CIVIL TERM
: PROTECTION FROM ABUSE
vs.
Rodney Keener,
Defendant
MOTION FOR CONTINUANCE
Plaintiff, Lois Homer, by and through her attorney, Joan Carey of Legal Services, Inc.,
moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds
that:
1. A Temporary Protection From Abuse Order was issued by this Court on January 12,
2000, scheduling a hearing for January 20 2000, at 10:00 a.m.
2. The Cumberland County Sheriffs Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his
employment, Overnite Transportation, Carlisle Pike, Mechanicsburg, on January 12 , 2000, at
6:56 p.m.
3.
The parties agree that the hearing be rescheduled to afford them time to execute a
Consent Agreement in this matter.
4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
for a period of one year from the date it was entered or until further Order of Court, whichever comes
first.
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5. A certified copy of the Order for Continuance will be delivered to the Mechanicsburg
Police Department by the attorney for Plaintiff.
WHEREFORE, Plaintiff requests thatthe Court grant this Motion and reschedule this matter
for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of
one year from the date it was entered, through January 12,2001, or until further Order of Court,
whichever comes first.
ofut Carey, Attorney fI laintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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Lois E, Homer,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-241 CIVIL TERM
Rod Keener,
Defendant
: PROTECTION FROM ABUSE
FINAL PROTECTION ORDER
Defendant's Name: Rod Ke~ner
Defendant's Date of Birth: June 23,1961
Defendant's Social Security Number: Unknown to Plaintiff
Name of Protected Person: Lois E. Horner
AND NOW, this 'J.t/.If.\ day of January 2000, the court having jurisdiction over
the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows:
Plaintiff, Lois Homer, is represented by JoanCarey of Legal Services, Inc.; Defendant, Rod
Keener is unrepresented, but has been advised ofhis right to counsel in this matter. Defendant, although
agreeing to the terms of this Order, does not admit the allegations made in the Petition.
~ Plaintiffs request for a Final Protection Order is granted pursuant to the consent of
Plaintiff and Defendant.
D Plaintiff's request for a Final Protection Order is denied.
~ 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff in any place where
she might be found.
D 2. Defendant is completely evicted and excluded from the residence at or any
other residence where Plaintiff may live, Exclusive possession of the residence is granted to
Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises.
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o On_ at _.m., Defendant may enter the residence to retrieve his/her clothing and
other personal effects, provided that Defendant is in the company of a law enforcement
officer when such retrieval is made.
r&> 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any
location, including, but not limited to, any contact at the Plaintiff's current residence, and any
other residence she may, in the future, establish for herself, and any place of employment.
r&> 4. Defendant shall not contact the Plaintiff by telephone or by any other means,
including third parties.
o 5. Custody of the minor children, [names of the children subjectto the provision of this
paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of
partial custody or visitation, if any] ( or see attached Custody Order)
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o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law
enforcement agency for delivery to the Sheriff's Office, the following fireanns and/or specific
weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the
minor child/ren:
o 7, Defendant is prohibited from possessing, transferring or acquiring any other fireanns
and/or specific weapons for the duration of this Order. Any fireanns and/or weapons delivered to
the sheriff under Paragraph 6 of this Order or under Paragraph 6 ofthe Temporary Order shall not
be returned until further Order of Court.
r&> 8.
The following additional relief is granted as authorized by ~61 08 of this Act:
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 f"mds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
Defendant shall allow Plaintiff to enter the residence to retrieve her personal
belongings at a time agreed upon by the parties through Plaintiff's counsel.
Defendant shall not be at the residence during this time, however, Defendant
may have an agreed upon third party present.
Defendant is enjoined from damaging, destroying, selling or removing any
property owned jointly by the parties or owned solely by Plaintiff.
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Defendant is to refrain from harassing Plaintiff's relatives.
All costs and fees are waived.
o 9. Defendant is directed to pay temporary support for (insert the names of the persons
for whom support is to be paid) _ as follows: (insert amount, frequency and other terms and
conditions ofthe support order) . This Order for support shall remain in effect until a
final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff
does not file a complaint for support with the Court within fifteen (15) days of the date of this Order.
The amount of this temporary order does not necessarily reflcct Defendant's correct support
obligation, which shall be determined in accordance with the guidelines at the support hearing. Any
adjustments in the final amount of support shall be credited, retroactive to this date, to the
appropriate party.
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10.
The costs of this action are waived as to Plaintiff and imposed on Defendant.
o 11. Defendant shall pay $_ to Plaintiff as compensation for Plaintiffs out-of-pocket losses,
which are as follows: OR
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o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant,
to (insert the name of the judge or court to which the petition should be presented)
requesting recovery of out-of-pocket losses. The petition shall include an exhibit
itemizing all claimed out -of-pocket losses, copies of all bills and estimates of repair, and an
Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the
filing of this petition.
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12.
BRADY INDICATOR
o 1. The Plaintiff or protected person/s is a spouse, former spouse, a person who
cohabitates or has cohabited with Defendant, a parent of a common child, a child of that
person, or a child of Defendant.
o 2. This Order is being entered after a hearing of which Defendant received actual
notice and had an opportunity to be heard.
o 3. Paragraph I of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/so
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o 4. Defendant represents a credible threat to the physical safety of Plaintiff or
other protected person/s OR
o The terms of this Order prohibit Defendant from using, attempting to use, or
threatening to use physical force against Plaintiff or protected person that would reasonably
be expected to cause bodily injury.
~ 13.
~ THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
o ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
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entered.
All provisions of this Order shall expire one year from the date this Order is
NOTICE TO THE DEFENDANT
Violation of this Order may result in your arrest on the charge of Indirect Criminal
Contempt which is punishable by a fine of up to $1,000 and/or a jail sentence of up to six
months. 23 Pa.C.S. s6114, Violation may also subject you to prosecution and criminal
penalties under the Pennsylvania Crimes Code. This Order is enforceable in all fifty (50)
States, the District of Columbia, Tribal Lands, U.$, Territories, and the Commonwealth of
Puerto Rico under the Violence Against Women Action, 18 U.S.C.s2265. If you travel outside
of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under that Act. 18 U.S.C.ss 2261-2262. If paragraph 12 of this Order has been
checked, you may be subject to federal prosecution and penalties under the "Brady" provisions
of the Gun Control Action, 18 U,S.C.s922(g), for possession, transport or receipt of firearms
or ammunition.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiff's residence OR any location where a violation
of this Order occurs OR where Defendant may belocated, shall enforce this Order. An arrest for
violation of Paragraphs I through 8 of this Order may be without warrant, based solely on probable
cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S.~6113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be
used during the violation of the Protection Order or during prior incidents of abuse. The
Cumberland County Sheriff's Department shall maintain possession of the weapons until further
Order of this Court. When Defendant is placed under arrest for violation ofthe Order, Defendant
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shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned.
A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police
officer OR Plaintiff, Plaintiffs presence and signature are not required to file the complaint.
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If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned,
bond set and both parties given notice of the date of the hearing.
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This Order is entered pursuant to the consent of Plaintiff and Defendant: A/Y/,Ol../I'1I.tV .{
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LOIS orner, PlamtIff
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LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-00241 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HORNER LOIS E
VS
KEENER RODNEY
CPL. TIMOTHY RIETZ
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
KEENER RODNEY
the
DEFENDANT
, at 0018:56 HOURS, on the 12th day of January ,2000
at POE: OVERNITE TRUCKING
6060 CARLISLE PIKE
MECHANICSBURG, PA 17055
by handing to
RODNEY KEENER
a true and attested copy of PROTECTION FROM ABUSE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcha:t:ge
So
A;::~~e
18.00
6.20
.00
10.00
.00
34.20
R. Thomas Kline
01/14/2000
Sworn and Subscribed to before
By:
7
V
~
me this ,.( AVl
day of
J~ 02.0-0-0 A.D.
C)rP~~h:~~:r;~