HomeMy WebLinkAbout00-02380
'J
,
~',' ~ .~ '"'"
"',,",-"~'~"~' ,<,"~_, ~ ",,~, 'd'
kli"_~
ANNETTE KIBE,
:IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:NO. 00-2380
CIVIL TERM
DEAN A. DIEFFENDERFER,
Defendant
:PROTECTION FROM. ABUSE
:AND CUSTODY
FINAL ORDER OF COURT
Defendant's Name: DEAN A. DIEFFENDERFER
Defendant's Date of Birth: 04-19-65
Defendant's Social Security Number: 192-50-1327
Names of all protect~ersons: ANNETTE G. KIBE
AND NOW, this ~ day of April, 2000, the court having
jurisdiction over the parties and the subject-matter, it is
ORDERED, ADJUDGED, and DECREED as follows;
Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.;
Defendant is represented by Joseph J. Dixon, Attorney-at-Law.
The parties agree that the following may be entered as an Order
of Court. Defendant, although agreeing that an Order may be
entered, does not admit to the allegation made in the Petition.
D Plaintiff's request for a Final Protection Order is denied OR
~ Plaintiff's request for a Final Protection Order is granted.
~ 1. Defendant shall not abuse, stalk, harass, threaten
Plaintiff or any other protected person in any place where they
might be found.
~ 2. Defendant is completely evicted and excluded from the
residence at 120 Cassel Drive, Mechanicsburg, Pennsylvania, 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, except for the purpose of exchanging custody where
Defendant shall remain outside the home.
D On [Insert date and time], 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.
~ 3. Except as provided in Paragraph 5 of this Order, Defendant
is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to any contact at
Plaintiff's place of employment located at Goodwill, 1051 Hummel
Avenue, Lemoyne, Pennsylvania.
~ 4. Except as provided in Paragraph 5 of this Order, Defendant
shall not contact Plaintiff by telephone or by any other means,
including third parties.
~ 5. Custody of the minor child, Angel Kibe, D.O.B: OS/26/95,
shall be as follows: See attached Custody Order which grants
Plaintiff primary physical custody subject to periods of partial
custody in Defendant. Defendant may contact Plaintiff by
telephone to facilitate custody arrangements or in case of an
emergency regarding the child.
D 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 weapons used or threatened to be
used by Defendant in an act of abuse against Plaintiff and/or the
minor child/ren:
~ 7. Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this Order. Any
weapons delivered to the sheriff under Paragraph 6 of this Order
or under Paragraph 6 of the Temporary Order shall not be returned
until fu~ther Order of Court.
, ~"" ,'.
-." .'
\""",<",".-," ".',,~-: ...'",~, '."" ".' "'--",,-- {',
~ '-
~ 8. The following additional relief is granted as authorized
by 56108 of this Act:
a. 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 finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
b. Defendant is required to relinquish to the sheriff any
firearm license Defendant may possess. Defendant's weapons and
firearm license may be returned at the expiration of the
Protection Order after Defendant has submitted a written request
to the Court for the return of the weapons and the Court has
notified Plaintiff of the request and given Plaintiff an
opportunity to respond. A copy of this Order shall be
transmitted to the chief or head of the police department of
Hampden Township and the sheriff of Cumberland County County.
c. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
d. Defendant is to refrain from harassing Plaintiff's
relatives.
e. The court 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 of the 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 days of the date of this Order.
The amount of this temporary order does not necessarily reflect
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.
,
,",~~, "'., '""''-'",,- ,'^,~^' ;<-".;,,~, '" .
, ""~ ,~,j
o 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
Plaintiff's out-of-pocket losses, which are as follows:
OR
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.
o 12. BRADY INDICATOR
1.0 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.
2.0 This Order is being entered after a hearing of which
Defendant received actual notice and had an opportunity to be
heard.
3.0 Paragraph 1 of this Order has been checked to restrain
Defendant from harassing, stalking, or threatening Plaintiff or
protected person(s} .
4.0 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 AND ~ ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
14. All provisions of this Order shall expire in one year.
NOTICE TO 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 (SO) STATES, THE DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF
PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C.
52265. 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. 55 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. 5922(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 be located, shall enforce this Order. An arrest
for violation of Paragraphs 1 through 7 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. 56113.
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 [insert
the appropriate name or title] shall maintain possession of the
weapons until further Order of this Court. When Defendant is
placed under arrest for violation of the Order, Defendant shall
be taken to the appropriate authority or authorities before whom
"
. ,"
.'"' -C',; '''''-<1',",,' " ,,",-,"",~~,,~~ _" -'"
Defendant is to be arraigned. A "Complaint for Indirect Criminal
Contempt" shall then be completed and signed by the police
officer OR Plaintiff, Plaintiff's presence and signature are not
required to file the complaint.
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.
BY THE COURT,
President Judge
If entered pursuant to the consent of Plaintiff and Defendant:
OffimO~}~~
Annette Kibe, PI intiff
Joan Carey
Attorney for Plai iff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
,~~.~
Dean Dieffenderfe , Defendant
4/\ -(
.rbseph J. Dixon
Attorney for Defendant
126 State Street
Harrisburg, PA 17101
(717) 233-8757
tJ~Jo
Lj-cJ.6-0 0
RK3
J~
pgp
"
~,~ "'"
,,~
"
. ., ~.
""'v
! - -\1' ,c:y
" !,
OJ , , : ! -)
! )- i 1 " 0
, !,
CUiv: "J ,I :)J~.J'\TY
FtJ\!;\:SYL..-/,,,
-.........
-,,;., ", ",^"-",~<-",-,,".' ~ ~"
".",
':TjC;~{
__!tli"l'm01~.\!!!WlrM!'!l'!ll''W'<$~~~'"~~J!lW'l!f;!N~Jmi!i!I! ~" f-'IIlI~" ,_,~
'~ ' '".-~ ,~. '" '"'~,
",'_h '.'_
- b,;
ANNETTE KIBE,
:IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:NO. 00-2380
CIVIL TERM
DEAN A. DIEFFENDERFER,
Defendant
:PROTECTION FROM ABUSE
:AND CUSTODY
~CUSTODY ORDER
AND NOW, this I)f~~ day of April, 2000, upon consideration
of the parties' con~greement, the following Order is entered
with regard to custody of the parties' child, Angel Kibe, D.O.B:
OS/26/95.
1. Plaintiff, h~reinafter referred to as the mother, and
Defendant, hereinafter referred to as the father, shall share
legal custody of the child.
2.
child.
The mother shall have primary physical custody of the
3. The father shall have partial custody the first three
Sundays of every month from 9:00 a.m. until 6:00 p.m. beginning
April 30, 2000. The father shall pick up and drop off the child
outside the mother's residence. If the father has not picked up
the child by 9:30 a.m., he forfeits his visit that day.
4. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
child is in that parent's care.
5. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child
as to the other parent or which may hamper the free and natural
, .
. ,
",' ,,-
-,-'"'
'"" , - k~
development of the child's love or respect for the other parent.
By the Court,
If entered pursuant to the consent of Plaintiff and Defendant:
Ommd1~~
Annette Kibe, Plaintiff
oan Carey
Attorney for PIa tiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Dean Dieffenderf
~~
,. .
eph J. D~xon
Attorney for Defendant
126 State Street
Harrisburg, Pa 17101
(717) 233-8757
-
,/
lilf ~
~.~~~IIl!i;N,~
.,J[
%-I~
,~,.~ ~
"
Mil U ~.. "^.........'
-
4
C)''., ,
(~ "
-'-j
)>. ~- "
~~'l
-<
'(.:-~,',
'::-.-'"
:;."tJ
~-.)
,"')
~'<:)
~-
r~
.
ANNETTE G. KIBE,
: IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
VB.
:NO. 00 - Q380
CIVIL TERM
DEAN A. DIEFFENDERFER,
Defendant
:PROTECTION FROM ABUSE
:AND CUSTODY
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the 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 for
April, 2000, at 1/ : fiJ IJ-;-m., in Courtroom
County Courthouse, Carlisle, Pennsylvania.
c2 tf f7</
the day of
No.-3L- of the Cumberland
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 of this 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 in jail under 23 Pa.C.S. 56114. Violation
may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, this Order is
enforceable anywhere in the United States, tribal lands, U.S. Territories 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. 52261-2262.
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 HELD. 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.
"'^~,
~,_.~
'u- 'J'"' r"p? \ L.~
1 r.l)'
1;:","1 ,)~ L..,-"q
i \ \...... -
C' ,,' -",'" (-'- J' ,,-,{
.,\'1,:.....'>,..',--.. ,,:""\' ," ,\1'
V '1\"""'-- IW' ,',J \.;-,...,,-" ,'<I
rC'N"~'" ". ',II \
'~[~ \\:~) rL'.If\\~:i
;r,-~'!
"
,"I/Ij!iI:ft~nI"
_' ._,' _~_ ,',_" 0,"' ,,~
'" "1It'-"'ilWU'
~.1If1ll'1~
_ ",,, ii!ift'rn~",~
il1itlQin'~r1!l'i_
-'~" ,
.
~~~t._~
__ __ IDfl.
" "",..,-"
'"':'1.
4 ~ ~ ~
'" '
'"
~c "'.
ANNETTE G. KIBE,
Plaintiff
:THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:NO. 00 -
CIVIL TERM
DEAN A. DIEFFENDERFER,
Defendant
:PROTECTION FROM ABUSE
:AND CUSTODY
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: DEAN A. DIEFFENDERFER
Defendant's Date of Birth: 04-19-65
Defendant's Social Security Number: 192-50-1327
Name of Protected p~rso ANNETTE G. KIBE
AND NOW, this day of April, 2000, upon consideration
of the attached peti i n for Protection from Abuse, the court
hereby enters the following Temporary Order:
~ 1. Defendant shall not abuse, harass, stalk or threaten any
of the above persons in any place where they might be found.
~ 2. Defendant is evicted and excluded from Plaintiff's
residence located at 120 Cassel Drive, Mechanicsburg, Cumberland
County, Pennsylvania, a residence which is jointly owned by the
parties, but from which Defendant moved on approximately March
27, 2000, to establish another residence, or from 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.
~ 3. Defendant is prohibited from having ANY CONTACT with
Plaintiff at any location, including, but not limited to any
contact at Plaintiff's place of employment located at Goodwill,
1051 Hummel Avenue, Lemoyne, Pennsylvania.
~
I'....:..
','
",-",",~ ,-,~- - "~.,
~"
~'"Ol1t"
~ 4. Defendant shall not contact Plaintiff by telephone or by
any other means, including through third persons.
~ 5. Pending the outcome of the final hearing in this matter.
Plaintiff is awarded temporary custody of the following minor
child: Angel Kibe, D.O.B: OS/26/95.
Until the final hearing, all contact between Defendant and the
child shall be limited to the following: None
~ 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:2
Shotguns and a bow with arrows.
Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this Order.
~ 7. The following additional relief is granted:
The Cumberland County Sheriff's 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.
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 finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
Defendant is required to relinquish to the sheriff any
firearm license Defendant may possess. Defendant's weapons and
firearm license may be returned at the expiration of the
Protection Order after Defendant has submitted a written request
to the Court for the return of the weapons and the Court has
notified Plaintiff of the request and given Plaintiff an
,.
,
'",
~~ ,
", ,,'-- .. -, -~." "~. 'I. 'll<. ::>-.:.
"'~~--~-'_:
opportunity to respond.
transmitted to the chief
Hampden Township and the
A copy of this Order shall be
or head of the police department
sheriff of Cumberland County.
of
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.
~ 8. A certified copy of this Order shall be provided to the
police department where Plaintiff resides and any other agency
specified hereafter: Hampden Township and Lemoyne.
D 9. THIS ORDER SUPERSEDES D ANY PRIOR PFA ORDER AND D ANY PRIOR
ORDER RELATING TO CHILD CUSTODY
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE
AND HEAllING.
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
in jail. 23 Pa.C.S. 56114. Consent of 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. 56113. Defendant is
further notified that violation of this Order may subject him/her
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. 55 2261-2262. Anv protection order qranted
by a court may be considered in any subseauent proceedinqs.
includinq child custodY proceedinqs, under title 23 <Domestic
Relations) of the PennsYlvania 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.
" ,
=--
'c.
;~
{~i
~
~
J
j
I
If Defendant violates Paragraphs 1 through 6 of this Order,
Defendant may be arrested on the charge of Indirect 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 THE COURT,
Joan Carey
Attorney for Plaintiff
Judge
-~~-
rIG!.
.-"'~~
""
"I:'
i\Cf,'
b; \.
,
"
"{':
r-O
"' ~
r ['I,
"""_U:\/,,~~:-:J~';'i~-;.,_ ,", I-:'::~S~ ::j'i'-~ 1''1
\...; ...,r-\lf,..'....,\(\ \;"',(oV'\
t"CJ ~l ~V .-'
.. ,~~iMr1)~~~,~~.,..~_~~il'W~fmm~!Il'IJl_"1:ITN~~_~~ .- ,~~r'""'~ D_I
.",1
,
~ 0" "
'-",-.," .,-
~---
ANNETTE G. KIBE,
:IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:NO. 00 - .23Sv
CIVIL TERM
DEAN A. DIEFFENDERFER,
Defendant :PROTECTION FROM ABUSE
:AND CUSTODY
PETITION FOR PROTECTION FROM ABUSE
COUNT I
1. Plaintiff's name is Annette G. Kibe.
2. The name of the person who seeks protection from abuse is
Annette Kibe.
3. Plaintiff's address is 120 Castle Drive, Mechanicsburg,
Pennsylvania.
4. Defendant is believed to live at 164 Castle Drive,
Mechanicsburg, Pennsylvania.
Defendant's Social Security Number is 192-50-1327.
Defendant's date of birth is 04-19-65.
Defendant's place of employment is unknown to Plaintiff.
5. Defendant is father of Plaintiff's child.
6. plaintiff seeks temporary custody of the following child:
Name
Address
Birthdates
Angel Kibe
120 Castle Drive
Mechanicsburg, PA
5/26/95
7. Plaintiff and Defendant are the parents of the following
minor child:
Names
Angel Kibe
Aqe
4 yrs.
Address
120 Castle Drive
Mechanicsburg, PA
-"'
n'
,,'-"'
.1,
8. The following information is provided in support of
Plaintiff's request for an Order of child custody:
(a) The child was born out of wedlock.
(b) The child is presently in the custody of Plaintiff,
Annette Kibe, who resides at 120 Castle Drive, Mechanicsburg,
Pennsylvania.
(c) Since her birth, the child has resided with the following
persons and at the following addresses:
Child's name
Angel Kibe
Persons child
lived with
Plaintiff,
Defendant &
Jessie Kibe
Angel Kibe
Plaintiff,
Defendant &
Jessie Kibe
Angel Kibe
Plaintiff &
Jessie Kibe
Address
1310 Potato
Harrisburg,
When
Valley 5/95-5/95
PA
120 Castle Drive 5/95-3/27/00
Mechanicsburg, PA
120 Castle Drive
Mechanicsburg, PA
3/27/00 -
present
(d) plaintiff, mother of the child, is currently residing at
120 Castle Drive, Mechanicsburg, Cumberland County, Pennsylvania.
(e) She is single.
(f) plaintiff currently resides with the following persons:
Name
Jessie Kibe
Angel Kibe
(g) Defendant, the father of
and he currently resides at 164
Pennsylvania.
(h) He is single.
Relationship
Son
Daughter
the child is Dean Dieffenderfer,
Castle Drive, Mechanicsburg,
(il Defendant currently resides with the following persons:
~.,
~"",,:i
lj
"
l1
I.j
I;
ti
'I
'I
,i
i1
it
I)
iJ
"
Ij
"
"
"
:;
:!
..,
'-",,-
, ,,~
.2k' ,.' ,.,-',:_,,' ~"
"' ~
Name
Mr. & Mrs. Proctor
Relationship
Friends
(j) Plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in
this or any other Court.
(k) Plaintiff has no knowledge of any custody proceedings
concerning this child pending before a court in this or any other
jurisdiction.
(1) Plaintiff does not know any person not a party to this
action who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
(m) The best interests and permanent welfare of the minor
child will be met if custody is temporarily granted to Plaintiff
pending a hearing in this matter for reasons including the fact
that Plaintiff is a responsible parent who has provided for the
emotional and physical needs of the child since her birth, and
who can best continue to take care of the minor child.
9. The facts of the most recent incident of abuse are as
follows:
Defendant came into Plaintiff's home at 1:00 a.m., yelled at
Plaintiff calling her vile names, broke personal items of
plaintiff, and punched approximately ten holes in the wall, one
directly above Plaintiff's head, causing her to fear for her
safety. Defendant then went into the child's bedroom, woke up
their 4 year old daughter who became afraid when Defendant
screamed and threw objects. When plaintiff, who feared for the
child's safety, took the child to her room, Defendant screamed
and punched more holes in the wall. He next went to the
refrigerator and attempted to pull it over. Defendant became
further enraged when the police were called and threw a doorknob
at Plaintiff hitting her in the arm causing bruises. Defendant
threatened Plaintiff saying he would take her and her son "out",
and if he didn't do it, he would have someone do it for him. He
also threatened to trash the home and burn it down.
'-'
. ~ "",_,' i
,i
:1
;l
ii
"
)J
il
i
"
U
!-i
ii
;'
Ii
Ii
I:]
II
Ii
1
,
II
Ii
'I
'1
J
1
I"
I'
I']
i
Ii
ji
Ii
Ii
Ii
I
'-,t".
,'-"1-,. .
-_,'c
. ~~ "~"
_r',_>_"
e'~ ,
10. Defendant has committed the following prior acts of abuse
against Plaintiff:
a. In or around the end of March 2000, Defendant went
into another room and came out with a shotgun, pointed
it at Plaintiff and told her he was going to blow her
head off causing Plaintiff to fear for her life.
plaintiff ran out of the house to a neighbor's house
for help.
b. Plaintiff thinks that the abuse is escalating.
Defendant has been diagnosed with manic depression and
bipolar disorder, but refuses to take his medication.
In the past, Defendant has threatened to beat Plaintiff
with a baseball bat while holding it in his hands, and
has threatened to burn down the house exacerbating
Plaintiff's fear.
11. Defendant has used or threatened to use the following
weapons against Plaintiff: Shotgun
12. The following police departments or law enforcement
agencies in the area in which Plaintiff lives should be provided
with a copy of the Protection Order: Hampden Township and
Lemoyne.
13. There is an immediate and present danger of further abuse
from the Defendant.
14. Plaintiff is asking the Court to evict and exclude
Defendant from the residence at 120 Castle Drive, Mechanicsburg,
which is owned by the parties, but from which Defendant moved on
approximately 3/27/00.
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 Plaintiff may be found.
B. Exclude Defendant from Plaintiff's residence and prohibit
Defendant from attempting to enter any temporary or permanent
residence of Plaintiff.
,.....;.,~
'-"0'1
ii,
Ii
ij
Ji
Ii
ii
I~
ill
"
i~
:~I
"1
li
ii
I~
!~j
;:j
!I
ff
"
t
,
H
[j
Ii
~
,
~
~l
:;
"
II
Ii
ifi
,!i
Ii
"
~
~
Ji
!~
"j
;i
:11
"
ft
!1
...~ -
~~ ,J L
"' '
-" '
-,',' ',-' >
',;
C. Award Plaintiff temporary custody of the minor child.
D. 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 Plaintiff's place of employment, located at Goodwill, 1051
Hummel Avenue, Lemoyne, Pennsylvania.
E. Prohibit Defendant from having any contact with Plaintiff's
relatives.
F. Order Defendant to temporarily turn over weapons to the
Sheriff of this County and prohibit Defendant from transferring,
acquiring or possessing any such weapons for the duration of the
Order.
G. Order Defendant to pay the costs of this action, including
filing fees, service fees, and surcharge of $25.00.
H. Order Defendant to pay $250.00 to reimburse one of Legal
Services, Inc.'s funding sources for the cost of litigation in
this case.
I. Order the following additional relief, not listed above:
a. Defendant is required to relinquish to the sheriff any
firearm license the defendant may possess. Defendant's weapons
and firearm license may be returned at the expiration of the
Protection Order after Defendant has submitted a written request
to the Court for the return of the weapons and the Court has
notified Plaintiff of the request and given Plaintiff an
opportunity to respond.
b. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
c. Defendant is to refrain from harassing Plaintiff's
relatives.
J. Grant such other relief as the court deems appropriate.
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. Plaintiff will inform the designated
ll~'O'
i ~
[',
!
!
I,
l::
;,
i
i
t
i
I
!',
JJ
I
I'
I
j"
1/
I
~ .~,
"".,
, __ w',,'~
'-,,"
",'
j');, ,.;" ~
authority of any addresses, other than Defendant's residence,
where Defendant can be served.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
15. The allegations of Count I above are incorporated herein
as if fully set forth.
16. The best interest and permanent welfare of the minor
child will be served by confirming custody in Plaintiff as set
forth in paragraph 8(m) of the petition.
WHEREFORE, pursuant to 23 Pa.C.S.~ 5301 et. Sea., and other
applicable rules and law, Plaintiff prays this Honorable Court to
award custody of the minor child to her.
Plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
Dated:
1//1"1/ tJd
.
/~
;k ,
Joan ~
Philip Briganti
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
..,
-,_.
>'.'r.'
,
. ~.
~, , ," "
_ll<lJi1l'31~"",,_j
,I
!
i
i
"I
,
I
I
VERIFICATION
I verify that I am the Plaintiff 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. 54904, relating to unsworn falsification
to authorities.
Dated:
~ Ii/ h{)OD
/ /
{j/ll/Ylt)iJ ~ ,~
Annette Kibe, PIa nti f
~l&"'" .......;J.J~, 1-~_~i~lllmh~I'l!liI:i1m!i!1.-'i/I;l:J,",~lw.l-i!-lldJBffil'~>MU~_~
J),,< ",~, .',_=m
,~_,~"." "~."",, -~-m,,"""""_"'_~,"'_^,> ,~, __ "".' ,_ ",_
,M '~ ~.A
" , ~"~~iIliAll~
~']JI(I 'f"j;:ij' ~~ -- - ~..
-
~
-r- C) C:) t..~.J
~~ f;~ t;) --;-,
t ""!:?-:: ~
r;;~t-! -D
-;-:.;;
~-< ~t~~ "'~
~~ r:::- C~'
...:;:::
~ <..C.'J
(-) ;~.J
~ ~~ -, "..".,)
"" ..<, ."~
~\
G 0-
"" ~ r-
,
":' [. U\
~
6
:\J
(fi
..
."\J
.
,c
~~
c
"'\":
SHERIFF'S RETURN - REGULAR
~ASE~NO: 2000-02380 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KIBE ANNETTE G
VS
DIEFFENDERFER DEAN A
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
DIEFFENDERFER DEAN A
the
DEFENDANT
, at 0009:35 HOURS, on the 17th day of April
at 209 HOLLIDAY AVE
, 2000
MECHANICSBURG, PA 17055
by handing to
DEAN A. DIFFENDERFER
a true and attested copy of PROTECTION FROM ABUSE
together with
AND CUSTODY, NOTICE OF HEARING & ORDER,
TEMPORARY PROTECTION FROM ABUSE ORDER
and at the same time directing His attention to the contents thereof.
Weapons Confiscated
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
6.20
.00
10.00
.00
34.20
~~~~~e
R. Thomas Kline
04/18/2000
Sworn and Subscribed to before By:
tc
me this I q- '- day of
o,~ dJr-tYD < A.D:
~,-o. ~..P,-,- ~
Prothonotary "
....
"
~,_L ",' '~
-" "- ~
-~ -
, ~
Cumberland County Sheriffs Dept.
Date Lf III / (J 6
I f
Weapons Confiscation
Court Order ,-.;;1 Co - J J ;Y ()
Name of Defendant
Ot'iA~ A, r)f'<-H-~IA <.JHr~y
Address
If, '7 {aJ' 71.. p..
1
.;!-1 -L (;.. IA .
Telephone
71/ ~O)t-;2
7!" A 1/
1"6.)-- tJo'f9 L'" phf1
Number of weapons seized
3
Make
L )"t:HdJldl!'lon./I.,
J r7 J''1_''1
2. d,"SSf~'Vt, 1",sf,-
3, DA-rlu\r..
,
Model/Caliber
j i. v' r
36 -361 ,k:r;,.'^
11-. f.,A p~l'l>)~
I
{Ii 1M !lIP _IA J 1??vV
1
Condition
Serial No.
V ! 1L7- S ;L.T"
,}1 tI 0 (fS '1716,
A OtA T-\ 3
'h.. ~ r
I
boo .L
r~'"
4,
5,
6,
7.
8.
9,
10,
1L
12,
13,
14,
15,
/>1 JJ-,T?, 'J
- go';-" k... J
"" I/i It <-I; ',,^ lA... J
J [". 1/11:. <-IA ~'^ .J "
/
tv""'/> 1/ At):" d," J
r -
-' Vi! I V4--(,..""f~
vJi ~f"""'J., t z.c-...,:. """i'".
, Comments
['^.. .....1', II .
L, /(.
Qv
c
..,.p"''''
./:v.t-7!.,- ~ .
Signature Defendant
,_",,_I....'"~~
"- ~ , ".~~L-m;~,
ANNETTE KIBE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
2380 Civil 2000
DEAN A. DIEFFENDERFER
Defendant
ITEMS: 30/30 Cal. Sears Robuck (V162525)
12 Gauge Mossburg (MV025986)
Darton Compound Bow (A06358)
AND NOW, this
c;t
L Day of
ORDER
2--00 j....
, , the following Order is entered:
The protection from abuse order in the ove-captioned case having expired on
April 24, 2001 and the defendant having requested the return of the weaponslfirearms
held pursuant to the order, and the defendant otherwise being legally entitled to
possess the weapons/firearms, IT IS ORDERED that all weaponslfirearms held by the
sheriff shall be returned to the defendant.
By the Court,
;>eJ
CC:
R. Thomas Kline, Sheriff
Joan Carey, Legal Services
,,,,"",,
IlJIIlIllIlI
...~ ~
~, "'
-",-,"
-..'
"
-.
e <::> ()
-on
$: _h :::-1
"UQJ ~ '-~"":...L;'
rnrn -<
Z:I3 ' ,,-!b.~
zr' ; '~.."'
OJ:22~ .~:,;\,?
;::::"""
,<C ~ _,,:',)=U
~Q ::Jr. ---+()
;;;~ 9 o,n
~
~ "'"" ~
,l'"' '<
_~~"""''''''''~'~I..._~Il_,,,,,..,_~_,~~~~~"~.w~~!lim"I~'-'j'l.h<1il#11'-All;>;l'OI"J'''\'~''''W~>:'<ID'''_'I':I'''',!!;''',~~'f-ll'li~R~~__'!f1'''''-m, ~ ,. ,IIIII_~