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HomeMy WebLinkAbout00-03014 .. . ... '-.;:j , , I I , i I I I I t' <& Patricia Hoover, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 00 - 3014 CIVIL TERM Michael Kline, Defendant : PROTECTION FROM ABUSE 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 the 22nd day of May. 2000, at 1:30 D.m. in Courtroom No..2... 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 in jail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, 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. ~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 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. I , . .- I , . . , w,l~ -. _. li'Ill~ . , '<.-' ,-- n" "-,,t- " EII1EFkJ~f!Clt> ;"'~ """')-W<.~"a"'AF/Y Ir-;,-, :.'.'-'1 i' 'i\,. Jj' " '-, 'r '-".' ',~ '.I; \, , 0')""" ~ i.J ; f!; r 5 PN 3: (7 C.i,\,:I-,-r'......, ,.,_., .', . "J ',MI..i-'1 ' ",'. '.r,! 1/\"),, '-' v "-'l...,. k,r-\, vU ~..i~...\J ; I P'''"'N' f' 1('11 'I ' I,~ \ /'; < It: )\;vr....b":lJil.'1 -." ~, "' ~nillll:'RI ~~lllfi), I rr _,' l!llJi'\iim~~ ~ ~ ,',~" """ ~'''' ',. '-',,;,-' "'~l_ "/lIIi . -" ~~ ~,~~ .nrfII.-..__. .,fi'I'!'"1i" Patricia E. Hoover : In the Court of Common Pleas : County, Pennsylvania Plaintiff v. ~No'66-30J4 &;d~ Michael E. Kline : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Michael E. Kline Defendant's Date of Birth is: February 9,1968 Name(s) of All protected persons, including Plaintiff and minor children: l. pattci~. Hoover AND NOW, on~ Day of May, 2000 upon consideration ofthe attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 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 prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. -Plaintiff's residence located at 847 Oakville Road, Newville, Pennsylvania. -Plaintiff's place of employment located at Lowe's, Silver Springs Commons, Mechanicsburg, Pennsylvania. 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted: - Defendant shall not harass Plaintiff's relatives. -Defendant shall not damage or destroy any property owned by Plaintiff. 5. A certified copy ofthis Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Barracks-State Police, Newville Borough Police Silver Springs Township Police 6. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MAY 11,2001 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE 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 andlor up to six months in jail. 23 Pa.C.S. 96114. 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. 96113. Defendant is further notified that violation of this Order may subject hirn/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. 992261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 3 of this Order, defendant shall 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. ~~ Distribution to: Legal Services r> A~ f:i J... s . Faxed & Mailed to PSP ...., - 5. IS- "-0 , ~. ~', '_""_'_H U """d' , Ju ge tlf!Jl.,.. 'c,_, ",_ lid PFAD Number: TCl085695N Patricia E. Hoover : In the Court of Common Pleas : County, Pennsylvania Plaintiff v. : No. 01J~ 301'/ Ct;;J ~ . Michael E. Kline Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Patricia E. Hoover 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), induding minor children, who seek protection from abuse. a. Patricia E. Hoover 4. Plaintiff's Address is: 847 Oakville Road, Newville, PA 17241 5. Defendant's Name is: Michael E. Kline 6. Defendant is believed to live at the following address: Cumberland County Prison, Claremont Drive, Carlisle, P A 17013 7. Defendant's Date of Birth is: February 9, 1968 8. Defendant is an adult. 9. The relationship between the Plaintiff and the Defendant is: Current Oll" former sexual/intimate partner 10. The defendant has been involved in a criminal court action. 11. The defendant is not currently on probation / parole 12. The facts of the most recent incident of abuse are as follows: In or about the end of March 2000, Defendant sent letters from the prison to Plaintiff threatening that she was going to have a slow death, and that no one could protect her causing her to fear for her life. Plaintiff turned the letters over to the Pennsylvania State police. 13. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: On or about March 16, 2000, Defendant threatened that Plaintiff had better be at the prison to pick him up when he was released, ~rhe would be on her porch that same day and that he would break her neck. When Plaintiff stated that she would call the police, Defendant further threatened that Plaintiff would be dead before they found her. Plaintiffspoke to the warden at Cumberland County prison about not ,receiving any more phone calls from Defendant. Defendant was told not to contact Plaintiff, but shortly thereafter she received threatening letters from the him. (See paragraph 12 above). Since approximately Spring 1999, on seperate occasions, Defendant told Plaintiff that he wanted to kill several different people specifying he wanted to put a bullet between their eyes causing Plaintiff to fear [or her life. Defel1danthas threatened that he would kill Plaintiff causing her to fear for her life. Defendant exhibits; obsessive behavior regarding Plaintiff including perpetuatin the following lies: that he and Plaintiff are married, that Plainitifrs address is his, and that he resides with Plaintiff exacerbatiJig Plaintiff's fear. 14. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Carlisle Barracks-State Police, Newville Borough Police Silver Springs Township Police 15. There is an immediate and present danger of further abuse from the Defendant. 16. FOR THE REASONS SET FORTH ABOVE, I REQUEST 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 and/or minor child/ren in any place where Plaintiff may be found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. c. Order Defendant to pay the costs of this action, including filing and service fees. d. Order the following additional relief, not listed above: - Order Defendant to pay $250.00 to one of Legal Serivces, Inc. 's funding u~ ,~ ~ '" -- ,-- -, '" '..d~ - ~''''-';: sources for the litigation in this case. - Prohibit Defendant from harassing Plaintiff's relatives. - No destruction of Plaintiff's property. e. Order the police or other law enforcement agency to serve the 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 the Defendant's residence, where Defendant can be served. Respectfully Submitted by Agency: an Carey Legal Services, Inc. .~ " ~' -, '~ 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. 94904, relating to unsworn falsification to authorities. , , /J ' Dated: \..<)/~OC() ~(-d/ G~~ Patricia Hoover, Plaintiff ~~,,,.I ~~ '0' ",;.J,.... -.IlMiMlii1_~.~Ji_-.it.llillli~llJ >- J) '-, fJ; , l~:' , .-< ,-', t'" ...-} ~~,,... LU , '::) .", ~;:: :..:' ':'> '-j. , ~;"~ , ,., .-:i. (",:) c: .~_i --7 Ui -- l6 z e h.\~ >,- W , ",::: .~ [1) (l- l--- ;i:. 2 U. C.l ::.J 0 CJ >-) I."" - " - .~' __' "'~, ,'~ ,_.~c_ 1Ii!I~1IfliI.. ~~'~,C~ \\ 05/15/00 MON 15:27 FAX 717 240 6573 . , ",', , CUMB CO PROTHONOTARY (JO. 30l'f ~001 . " TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, RESULT ********************* **. TX REPORT **. ********************* 1862 92490779 05/15 15: 21 05'57 11 OK ..;.." . SHERIFF'S RETURN - REGULAR CASE NO: 2000-03014 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOOVER PATRICIA E VS KLINE MICBAEL E DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon KLINE MICBAEL E the DEFENDANT , at 1925:00 HOURS, on the 15th day of May , 2000 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to MICHAEL KLINE 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 Surcharge 18.00 3.10 .00 10.00 .00 31. 10 So Answers: ~~'l~~~~ R. Thomas Kline 00/00/0000 Sworn and Subscribed to before By: 11~~ Deputy ~ me this ;l '-/ ~ day of ~ nImrO (f"t' ~ Q, /1,,';;0 A Cf7; rothonotary I A.D. ~_. . "c_ , .. Patricia Hoover, : IN THE COURT OF COMMON PLEAS OF Plaintiff v. : CUMBERLAND COUNTY, PENNSYL VANIA 30,'1 : NO. OO-~ CIVIL TERM Michael Kline, Defendant : PROTECTION FROM ABUSE R CONTINUANCE AND NOW, this day of May, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on May 22, 2000, by this Court's Order of May 11, 2000, is hereby rescheduled for hearing on May 30, 2000, at 3:30 p.m. in Courtroom No.3. The Temporary Protection From Abuse Order shall remain in effect pending further Order of court. By the Court, Joan Carey LEGAL SERVICES, INC. &u:,,,:, -b, ,.{. So ~ Attorney for Plaintiff r- Michael Kline ~ (>,,,n~ PRO SE DEFENDANT --'-, - -I I I I I , - -. OF- ell ED-ni:h'Ct! [-IL.~, V/ I I i.. -'.'- -"...,.-""., '/\1 ')-'fli' ',--',,, L,..; .i!~'" i\J! iii' .; "-, 1.1...,..... _I 00 Nflj' 24 ,',' '/- -" )'1.'-', ','.'K ',i . "~v CUiV18Ei'iL/.i\i':: CfAJ[\JIY DE\JNE.;YLV!\:\Ji/\ .... '," ..~ T!~,'RJ ~-.- < ... ~ ~_I'!III!J"'P<~..(.:~~ ~~~o I~~ " --- - 'J Patricia Hoover, : IN THE COURT OF COMMON PLEAS OF Plaintiff v. : CUMBERLAND COUNTY, PENNSYL VANIA : .3011 : NO. OO-~ CIVIL TERM Michael Kline, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Patricia Hoover, 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 May 11, 2000, scheduling a hearing for May 22, 2000, at 1 :30 p.m. 2. The Cumberland County Sheriffs Department served the Defendant with the Order and Petition for Protection From Abuse on May 15,2000, at the Cumberland County Prison, 1101 Claremont Drive, Carlisle, Pennsylvania, at 7:25 p.m. 3. The parties agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect pending a hearing in the matter. WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect pending hearing in the matter. o Carey, Attorn for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 !!lViiI''''"'''';''! -="~~ "'-IT' ... ~"t1~~'.:4 a' ,-" ~iili:i:.1i.lllIlJil~_lIilll1i1~ ~ --n ~:tl , ;.:;"- ..:..; r-.::: . ,.' >(."~ Z ~ ~~ C~) (:::J o -n -.-.! ,..J';" .,;" Fe,) ;f.~ o ,--~.{C~J, -.-'~_2-J :':;:(J .<... rn. o ,-I "" :0 -< j....:" 1-0 ~ <;n 'h~ ~ ',"-""- " U~ . " -, Patricia E. Hoover Plaintiff : In the Court of Common Pleas : County, Pennsylvania v. : No. 00-3014 Michael E. Kline Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Michael E. Kline Defendant's Date of Birth is: February 9,1968 Name(s) of All protected persons, including Plaintiff and minor children: I. Patricia E. Hoover AND NOW, this 19th Day of May, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the avennents of abuse in the petition. The following order will be entered: Plaintiffs request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. -Plaintiffs residence located at 847 Oakville Road, Newville, Pennsylvania. -Plaintiff's place of employment located at Lowe's, Silver Springs Commons, Mechanicsburg, Pennsylvania. 3. Defendant shall not contact the Plaintiff. or any other person protected under this Order, by telephone or by any other means, including through third persons. ~-., .L' ..-,",,,,--,''-''; j,.'-'-- . "(,~~': . 4. The following additional relief is granted as authorized by *6108 of the Act: - Defendant shall not harass Plaintiffs relatives. -Defendant shall not damage or destroy any property owned by Plaintiff. -The court costs and fees are waived. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Barracks-State Police, Newville Borough Police Silver Springs Township Police 6. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 7. All provisions ofthis order shall expire on: May 19, 2001 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. 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALL Y VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C 992261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. 9922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS . . -~" " . .'~::~---~l- , The police who have jurisdiction over the plaintiffs residence OR any location where a vielation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 3 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23Pa.C.S. ~6113. Subsequent to 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 shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant 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 the plaintiff. Plaintiffs presence and signature are not required to file the complaint. . If Silfficient gmunrs for violation cftbis order an:a!k:';fd, th: jefe.OO..mt shlill be. arraigned, bond set and both parties given notice of the date of the hearing. If entered pursuant to the consent of Plaintiff and Defendant: ~..-.a) r;></ ~or"'/)) patricia Hoover, Plaintiff Murphy Legal Services, Inc. a IrJ'ine RO"<i Carlisle, PA 17013 Distribution to: Legal Services Faxed & Mailed to PSP .. --- L-f,)1 ,/ ,/CA/ /, pr,4-.ck ' '7i-,U~< Michael Kline, Defendant Pro Se dI . 0 J ~1/~ t-j,-{)() 1?K3 'n J W~~ t-t -00 .....',-- - ,,,- . , ''''''''''' A- VJ (Y-. $ ~, & -9 1~ ~ ~ o o . - 1"" F-r' -"'F'~- -I:' .,", '!}.!..,::_:_~-'l.'r- ',t..;1: 0. : cr" "f,"Fi,I()t"'J"A'RY L ,_ .. ,,,II 'I~. ltij 00 JUN -5 AN 9: 5~ "'" CUM-'f.'- I ib r~I!' /\i'\:;~\ {,,-,u, '^I"Y + P ,.., ~ ~ '.J ,- I' J' I PENNS'{lv;.N~\ . "'?- ,~~JIlt_r~~ ,. .~,~"f~_.r-:-m~~~%<W'iW(\!F~l'/N~~~_~._ l~'~ -,~ - - , <'.- .'-" ~-, "~~ .,,,- 06/06/00 TUE 11:11 FAX 717 240 6573 CUMB CO PROTHONOTARY I/o, 301'{6'(r- @001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION In ST. TIME USAGE T PGS. RESULT 1911 92490779 06/06 11: 06 05' 17 9 OK