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HomeMy WebLinkAbout00-01823 PAMELA J. KILLINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant 00-1823 CIVIL TERM PROTECTION FROM ABUSE CHARGE: INDIRECT CRIMINAL CONTEMPT V. DAVID E. STILL, IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, May 22, 2000, David E. Still, having appeared for a contempt hearing, alleging a violation of the protection from abuse order entered March 31, 2000, together with personal counsel, Bradley L. Griffie, Esquire, and before any testimony having been taken, the defendant having admitted that he is in contempt in that he made two telephone calls to Pamela Killinger on May 12, 2000, we do find beyond a reasonable doubt that the defendant is in contempt of our prior order. The District Attorney having suggested that no jail term should be imposed because of the nature of the violation, and having indicated that that is the victim'S wish also, sentence of the court is that the defendant pay the costs of prosecution associated with the filing of this complaint and that he follow all the terms and conditions of our order of March 31, 2000. By the Court, P~ {Y\~ ~+.OO RK~ Jonathan R, Birbeck, Esquire Chief Deputy District Attorney Bradley L. Griffie, Esquire For the Defendant Sheriff Victim-Witness :mtf __,_r _'"r . _"N '~~r,,_o__ - " '<~, -~ , . _~~i1U":IilI~![~~j~IH~~W1li~~~-~= -,,_. '-IL' -f) , I'.t:j-O;:rf;'~ or nr: i':;nT;;,:~f{~,(,'RY ../l, .'j~ i .llti 00 JUN - I PH,'3; I S CUMBERi.AJ~.o COO PENNSYLVANIA iV[y ," , . ,~ T ~""""" -I 1. , ""00 ,-J . v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-1823 CIVIL TERM PAMELA J. KILLINGER, Plaintiff DAVID E. STILL, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: CONTEMPT HEARING ORDER OF COURT AND NOW, May 16, 2000, the matter having been called for hearing on the indirect criminal contempt citation, and the defendant having appeared and claiming that he has hired Bradley L. Griffie, Esquire, to personally represent him, hearing in the matter is continued until Monday, May 22, 2000, in Courtroom Number Three at 4:00 p.m. By the Cou t, Geo E. Hoffer, P.J, ~411 .5-~~-()O ~K3 Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Bradley L. Griffie, Esquire For the Defendant Sheriff Victim-Witness :mtf O' ~ _ , , ~. " ,~-,-, <'-,' !ljilllmiwill!liliil~llalllliiUll!l!li:k tJM!lli_'ltiMli~~.>1i.~ <.,,'''.~,~-'=' ,~, ~,,- " ~" ~llLtJ* ~.' lluum """",;, "'...... .".' o C ::<:"'.' 'J:;Q7 ~[[! 6; S~:~~\ i~ ~ o <:::> ::,;;: :tJ.. o "'Tf ;~-j -, ;";1 :!J .. .~~ () -+i ~-....o BiTl 'C'J p: :0 -< co -n ::;:: '~) .:::> (::> CERTlFICATIOO OF PFA a:Nl'EMPT CJ\SE lDffiER 2000-1823 civil Term NAME David E. Still 145 Young's Church Road VICTIM'S NAME: Pamela J. Killinger Shermans Dale PA 17090 BALANCE DUE: $ 70.50 ADD DELETE $ $ ? $ $ $ $ 10.00 $ ------- $ 15:00 $ $ 45.50 $ 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME Prothonotary ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP PROTHONOTARY OFFICE PERSON CERTIFYING INFORMATION o IRWIN McKNIGHT & HUGHES n LAW OFFICES ROGER a.IRWIN MARCUS A. McKNIGHT, III JAMES D. HUGHES REBECCA R. HUGHES MARK D. SCHWARTZ DOUGLAS G. MILLER WESTPOMFRETPROFES$ONALBU~OWG 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 170t3-3222 (71 7) 249-2353 FAX (717) 249-6354 E-MAIL: IMHLAW@SUPERNET.COM HAROLDS./RWIN (/925.1977) HAROLD S. IRWIN. JR. (1954~J986) IRWIN, IRWIN &JRWIN (J95(j..1986) IRWIN, IRWIN & McKNIGHT (1986-/994) IRWIN, McKNIGHT & HUGHES (1994- ) December 29, 1999 Kristen Goddard Donsen, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 filE COpy Re: Still v. Killinger Dear Ms, Donsen: I have received the notice that the Temporary Protection from Abuse Order has been vacated, Unfortunately, your client is now harassing my client by calling her at work. Pam Killinger may not receive personal calls at work and she has no desire to talk to Mr, Still. All communication by Mr. Still should come through you. Please assure me that he will cease all contact with Pam Killinger, With regard to the division of the items, Pam Killinger had an agreement with the prior counsel ofMr, Still which needs to be implemented. Very truly yours, IRWIN, MAMlmln cc: Ms, Pamela J_ Killinger PLAINTIFF'S EXHIBIT t I ';ij; PAMELA J, KILLINGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. 00-1823 CIVIL TERM DAVID E, STILL, PROTECTION FROM ABUSE Defendant ORDER OF COURT AND NOW, March 31, 2000, testimony having been closed in the hearing, and before the court having had to make any decision on the PFA petition, the parties having suggested that they have resolved the matter, the court does accept the suggestion of the parties, and it is ordered and directed that the defendant, David E. Still, shall refrain from any contact with the plaintiff, Pamela J, Killinger, and he shall not be permitted to be at her place of employment or residence for any purpose. The term of this Order shall be for one year from today, By the Court, Marcus A, McKnight, III, Esquire For the Plaintiff Bradley L, Griffie, Esquire For the Defendant ~ ~ '{_Y.DU ... ~PsP. j~ :mtf ""--',' J'-""'cL _1 -,-- ", ~lliIliiillllilliiJl!il!lllL~OiIi~~lIDl!Eli/l!I~. <,.. ~ - _'_.i " "Iiiti!J"~~ .-.~ OF HI ;:n_(i,'F'Cc , -C~:::l'~.:~.~_ !I~',:;"",", , . "/;:C,;.UiARY 00 M'f/ '-l; iU1 9: SO CU{vI8p:u~,,[) COUNTY PeNNSYLVANIA . " PAMELA J. KILLINGER, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 00-' p~.;a CIVIL TERM DAVID E. STILL, Respondent PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW, this )l r;iay of March 2000, upon presentation and consideration of the within Petition, and upon finding that Petitioner, PAMELA J. KILLINGER, now residing in Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the Respondent, DAVID E. STILL, the following Temporary Order is entered: The Respondent, DAVID E. STILL, of Perry County, Pennsylvania, is hereby enjoined from physically abusing the Petitioner, PAMELA J. KILLINGER, or placing her in fear of abuse and is ordered to stay away from any location where she may reside, The Petitioner is hereby awarded exclusive possession of her residence. The Respondent is hereby notified that if he fails to follow this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000,00 and/or by a sentence of up to six months in jail and any other appropriate punishment ,.- --,- ;"5: "" Of '-~'_'. -'<""'.',;,_\~,/ ,,",,,,-, ',,_~ P,,":'~,c'" .-~_:7_~'.-_',".rc'.~_-_- ___"__,_,_~~,_~~.,,,;;~,'" ,_, ~., ._," .. - " ,,=--.e. ~ ,_ _~~" - - _" ,,7 .. ,,-, ~ -,~ , This Order shall remain in effect until a final order is entered in this case, A hearing shall be held on this matter on the 315J;iay of March 2000, atLO oDAu, in Courtroom No,--5 Cumberland County Courthouse, Carlisle, Pennsylvania, The Cumberland County Sheriffs Office shall attempt to make service at the Petitioner's request, but service may be accomplished under any applicable rule of Civil Procedure, The District Justice of Carlisle, will be provided with a copy of this Order by attorneys for Petitioner. 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 Respondent shall be taken without unnecessary delay before the court that issued the Order, When that court is unavailable, the Respondent shall be arraigned before the appropriate district justice, (23 Pa,C'sA ~6113). >- 0\ ~ ~ wQ N 3< C.?t"5 -~ ::c: o~ H:;'I: a... r.::l :::1 C)F:; 6[;: -:j' :?fu tL1Q- N ..::Jz -', . "'" O::Z LL .~::.' -a: H1b: ~:: ::l: ::z LI- e ~ 0 0 (.) C Pd!- ) ~y-t'- 1Lufr, PJ" ~~ ~~ 1\,0 ~'~:f.S 1 ~ ~~ <-';-c"'- -,. ",0"',1.",,, -'"_~_ ,'-"~ t'.;:. O"~' ,,,' "_""'~~ '_""" ~," _"_ ,< c-_I"_""_"" :'_-L h'" ,_ _ ,"7__'". =~ ,." '~ _ _ ._ "t,'._'" _",__,_"__'~_ _ _'"'~"~,.,'~_' -..~- - ,. ~-- PAMELAJ. KILLINGER, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CIVIL TERM DAVID E. STILL, Respondent PROTECTION FROM ABUSE NOTICE 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, 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 Petitioner, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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, Pennsylvania 17013 717-249-3166 1-800-990-9108 I 1",- ;__<,"'7~W""~'_'_' ,_:._",~__",-,__,," _._ ",0, .-'~-r_-"" .'.__5>,c"'' ~._,_~,_".",. - ",- ~', - "-,' - - ,,- --',,"--._~-'" ',--'- - - ',' '-" - -.'.-. -,.,," , 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. I !'/",," c,'"' c" ",+<,", ' c c+ 'c' ',c'"""" ' """.'c'.' ,~o" ' __ , ,~ ~ , - - _'C,".... _,"'0."" _.,~< _._ PAMELA J. KILLINGER, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ()1J - / P .2.3 CIVIL TERM DAVID E. STILL, Respondent PROTECTION FROM ABUSE PETITION FOR PROTECTIVE ORDER AND NOW comes the Petitioner, PAMELA J, KILLINGER, by her attorneys, Irwin, McKnight & Hughes, Esquires and presents this petition for a protective order under the Protection from Abuse Act, 23 Pa.c.S,A. Section 6101 et seq" representing as follows: 1. The Petitioner is PAMELA J, KILLINGER, an adult individual presently residing at 2547 Ritner Highway, Apartment #1, Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania 17013. 2, The Respondent is DAVID E. STILL, an adult individual residing at 145 Young's Church Road, Shermans Dale, Carroll Township, Perry County, Pennsylvania 17090 3, The parties are unmarried, ;;~,',-,- - 0.. ~ '__,~,_," ,_'~,,; "'~~',' -/--;--~--,7:'~,,-~ ^' '_'".,__ __~,.' ____~ ',"'-;'-'rH. ,__,~ ;_-~_;_-'!'r> .""._n_ _ _~O' ._<<,'__ - '__'_~_~_";_ _"" O-'_';_',,",__;~" ".'".',,"' "" -- -~- "". '.' ," " 4, The were no children born to this relationship. 5. The defendant has engaged in a co~f conduct of threatening, stalking, following and entering the apartment of the petitioner witfi permission, 6, On March 21, 2000, at 8:30 a,m., the defendant entered the apartment of the petitioner and stole belongings of the petitioner. 7, In September of 1999, the defendant grabbed the petitioner and threatened the petitioner with bodily harm, 8, The Petitioner has been placed in fear of serious bodily injury due to the Respondent's threats and past abuse, :'-.."C,_,""" ._'"C_~""'"'_"',~ '~!_;>"~T;"'",, "'w """,-,~ -,"'Y. ,_ _'O"'_~, c,,'"'" ",~",,,,~ ,~.- __ d_~ ,~ .. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an order providing that: a, Respondent shall refrain from abusing, threatening with violence, harassing or visiting the Petitioner in any manner; b, Respondent shall be excluded from the residence ofthe Petitioner, or any residence where the Petitioner may reside and her place of employment at John R. Bailey at 2701 Duke Street, Harrisburg, Pennsylvania 17111; d. The return of all items removed including bank statements; and c, Such other relief as this Court deems necessary, Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Marcus ~. I t, III, Es Attorney fI Petitioner, Pamela l West Pom essional Buildi 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court LD, No, 25476 ,J Date: March ~J 2000 Family\Pro-Abuse\KillingerPF A I. 1,-_',., . - ''---., <,,..,~. ',,--s-.:~:-'_,_", "_'''-\"',,,"':'':__ , -_~_ ~, _ ",-#_ /_~_"",C""", _~ ~-J!!--_ '_',_~ _ '<-~",,---"--.,.' ". ~,,_~_" ,-',0. '<'__~_~" ,__,_"'~., ."~-,, ,'-0,""'- _~'.'~ __,-,' _ , .' "'"' VERIFICATION The foregoing Petition for Protection from Abuse is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are 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 Pa, C.S,A, Section 4904, relating to unsworn falsification to authorities. Date: Awl ;H'~ 2000 -: -~""'.,;."l._ ~'C'A'~__'~_' ,~ -~ , ~ ~~ . - ;'-_" ". " __.,__c_',,' ,"'~_ f<"-,;', "c_ - _,~ _~ e'c"'C" . '-' "c~ ___"'_ "',, <_ ,. ',"-~,- "."" ' ,~ "1 lA'!!llI!I!l,Q , '"" . - ~ ," '~~ () <::::> ?, c: 0 <'" ::r :.rJ -065 c= !;2'J] :z:J ,-.~.:n , "......- Lr" rv ~.~ c;5::t. ,"'" -<2,-:: f::'C) :D-.. ~:) -,c :J::. 6C'r - -'._C) ::<> - "'~rTI c: C) 2: -, :::> '"w. -j :0 -< {.oj -< i!I{ ~ "Il!i!