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Home My WebLink About00-03553 -"-" '~.- ". ",' ",,~,--', ';; , HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF VIVIAN L. CHAMBERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 00 - 3')l)~ CIVIL TERM KENNETH H. CHAMBERS, Defendant : PROTECTION FROM ABUSE TEMPORAllY PROTECTIVE ORDER AND NOW, this \ ;.~ day of June, 2000, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Vivian L. Chambers, now residing at 2735 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013 is in immediate and present danger of abuse from the defendant, Kenneth H. Chambers, the following Temporary Order is entered. The defendant, Kenneth H. Chambers, whose current address is 6501 Brownsville Road, Lithia Springs, Georgia 30122, is hereby enjoined from physically abusing the plaintiff, Vivian L. Chambers, and the parties' child, Kenneth H. Chambers, II, or placing them in fear of abuse. The defendant is order to stay away from the plaintiff and the parties' child, the plaintiffs residence located at 2735 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013, or any other residence she or the parties' child may establish. A violation of this order may subject the defendant to: (I) arrest under 23 Pa.C.S. Section 6113; (ii) a private criminal complaint under 23 Pa C.S. Section 6311.1; (iii) a charge of indirect criminal contempt under 23 Pa.C.S. Section 6114, punishable by imprisonment up to six months and a fine of $100.00 to $1,000.00; and r (iv) civil contempt under 23 Pa.C.S. Section 6114.1. Resumption of co-residence on the part of the plaintiff and the defendant or the exercise of temporary physical custody or visitation by the defendant with the parties' children shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and can be extended beyond that time if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff or the parties' children. A hearing shall be held on this matter on ~1 ' the o?J IlL day of ~, 2000, at //:00 't.m. in Courtroom No. I ,Cumberland County cf;urt~;:; Carlisle, Pennsylvania. This order shall be docketed in the office of the Prothonotary. Plaintiff shall cause proper service of this order and the petition to be made upon the defendant. The Prothonotary shall; not send a copy of this Order to the Defendant by mail. The appropriate police department(s) shall be provided with certified copies of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt and without warrant upon probably cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the Court that issued the order. When that Court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. Section 6113). Responsibility for the costs of these proceedings shall be determined by the Court at the time of hearing on this matter. B~dl:a' 01,1, l,. ,W ...,,1 o:po IV' , oJ ~, ,;:r, i1 -,,",'" _~',,1' - "~~, (:" PtED-O;:;:ICE ',nTU('WiTARY , ii' ,',_'; ',,)1 OJ JUH 13 I~d\ 9: 1.0 ('! iI"I:,1::I':;" ,'\Ir) i'O'U'lrN ,...A.fh' ~..... ,L.rV,j,.".} 1\1 i i PENNSYLVANiA ~ - -- - ....., .. ~~,,,,"~_j~ 1 " ~_= ~,~,'''' ;w"", ""-~ , W~ij .~ ~~'''''''''''''-''''.< '" -., ." ~ l:;Ull",,,",~'" T - 'l--'' , ;"',~ ,~ ~'-',,, ~ '-, "". ~'t , VIVIAN L. CHAMBERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 00 .~ CIVIL TERM KENNETH H. CHAMBERS, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTIVE ORDER NOW comes petitioner, Vivian L. Chambers, by her attorney, Harold S. Irwin, III, Esquire, and presents this petition for a protective order under the Protection from Abuse Act, P.L. 1090, No. 218, of 1976, representing as follows: 1. Petitioner is Vivian L. Chambers, an adult individual residing at 2735 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Kenneth H. Chambers, an adult individual residing at 6501 Brownsville Road, Lithia Springs, Georgia 30122, but is presently residing temporarily at 3. The parties were married June 28, 1998 in Las Vegas, Nevada and resided in Georgia until their separation on June 8, 2000, when the plaintiff moved back to Cumberland Count, Pennsylvania. 4. The parties have one minor child, namely, Kenneth H. Chambers, II (born August 14,1999, age 10 months). 5. During the course of the parties' marriage, petitioner has been subjected to a variety of verbal and physical abuse from respondent. )).' " ,",-- 6. Most recently, such verbal and physical abuse has consisted, inter alia, in the fOllowing: A. On several times, respondent has threatened to physically beat petitioner; B. On Thursday, June 8, 2000, respondent physically grabbed and pulled petitioner's arm in an attempt to prevent her from leaving their home; petitioner's brother had to physically restrain respondent from causing further physical harm to petitioner; C. On Memorial Day weekend of this year and at other times, respondent threatened to put out his cigarette on petitioner; D. During petitioner's pregnancy with the parties' child, respondent physically abused petitioner on a regular basis, struck her head while she was in the shower, and physically assaulted her on numerous times and various other ways; E. After the birth of the parties' child, respondent was also physically abusive of the parties' child, treating him in an rough and extremely inappropriate manner, causing harm and fear of additional harm to the child; and F. On a variety of other instances throughout the parties' marriage, petitioner has been subjected to verbal and physical abuse at the hands of respondent. Such incidents consisted of threats of physical harm, grabbing and pushing incidents and verbal and mental insults, culminating in petitioner leaving the marital home with the child for her own mental and physical safety and that of the child. , '- --, ,-" '- """~ ..,.' - ..>' - .. -- .'", , . " - '-- "--- 7. Respondent has followed respondent back to Pennsylvania and is now in this area temporarily, demanding to see the parties' child, but petitioner remains in fear for her own safety and that of her child. 8. Petitioner and the parties' child require an order providing for their peace in their present residence or wherever they may reside in order to protect them from contact with respondent, prevent further physical abuse and the threat thereof and prevent further injury to them. WHEREFORE, petitioner requests this Court to enter an order providing that: A. Respondent shall refrain from abusing, threatening with violence, harassing or visiting the petitioner and the parties' child in any manner; B. Respondent shall otherwise be excluded from being in the area of the petitioner's residence at 2735 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013, or such other residence as petitioner and the parties' child shall be living from time to time and from all contact with petitioner and their child when they are in any other place outside of their home; and C. Such other relief as the Court deems necessary. June 12, 2000 35 East High Street Carlisle, PA 17013 (717) 243-6090 Supreme Court 1.0. NO. 29920 "'C ",-, ',_. '."'_n ,>; - ..-c"'--' . ~" - , C,_'" ~ VERIFICA TION I, Vivian L. Chambers, plaintiff herein, verify that the facts contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. June 12,2000 ~ ; d.()'rY) ~ CllI'YY1 €,.., I'f Jj Vivian L. Chambers , , ,-.' 06/13/00 TUE 08:57 FAX 717 240 6573 cUMB CO PROTHONOTARY ~001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 1925 92490779 06/13 08:54 03'32 4 OK -, ---,.-...=0" ' ~-~ ,. ,'-"L' ,I' -, " " ~'_~., ... ~ HAROLD S. IRWIN, III, ESQUIRE 35 EAST HIGH STREET CARLISLE, PA 17013 717-243-6090 SUPREME COURT ID NO. 29920 ATTORNEY FOR PLAINTIFF VIVIAN L. CHAMBERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 00 - 3SS3 CIVIL TERM KENNETH H. CHAMBERS, Defendant : PROTECTION FROM ABUSE PRAECIPE TO SETTLE AND DilSCONTINUE To the Prothonotary: The parties in this matter are attempting to reconcile and the plaintiff wishes to withdraw her petition for a protective order at this time. Please settle and discontinue the above matter, without prejudice to the Plaintiff to refile, if necessary. June 14, 2000 LAW OFFICES OF HAROLD S. IRWIN, III Harold S. Irwin, III Attorney for Plain By: Supreme Court ID No. 29920 35 East High Street Carlisle, PA 17013 (717) 243-6090 cc: Hon. J. Wesley Oler . j '~ .. .'- ,-.<,," ~ ~ 0 0 0 c 0 ''1 ;;;: L- :::1 "DO) c:: :(~J 111rT'; ;m~ Z:J-=-j , -J0, zr" ~J CJ ~6 .".. " , :~ (~) " --,~ -r, '- f;?:~~ ?"-" -'Ii'"' Z(., 1);1 ..-0 U >C -j ~ ".. )> On en --< " 06/16/00 FRI 12:12 FAX 717 240 6573 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION In ST. TIME USAGE T PGS. RESULT , ~ ~, ~ - - '-x ',... ... - CliMB CO PROTHONOTARY 3$3141001 ********************* *** TX REPORT *** ********************* 1932 92490779 06/16 12:10 01'39 4 OK ~, _ r._,_". -- ,-- '''--- ..' J ' -~/" "" '" - .~;,_ ( ... VIVIAN 1. CHAMBERS, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW KENNETH H. CHAMBERS, Defendant NO. 00-3553 CIVIL TERM ORDER OF COURT AND NOW, this If:, tf.day of June, 2000, upon consideration of the attached letter from Harold S. Irwin, III, Esq., attorney for Plaintiff, and of the Praecipe To Settle and Discontinue filed on June 14, 2000, the hearing previously scheduled for June 22, 2000, is cancelled. The Temporary Protective Order entered on June 12, 2000, is hereby vacated. PLAINTIFF'S COUNSEL is directed to provide a copy of this order to any agency, registry or police department which received a copy of the initial Temporary Protective Order. u{L o c ~ Sjr~ ~S:~ ~~; ze :Pc! :z ~ ~~~ --,- --c.::',) .";;~ BY THE COURT, ;5 :.~-i 0', .'rl':'i"l -,~' (.) ..,.;., ..--~~ () Harold S. Irwin, III, Esq. 35 East High Street Carlisle, PA 17013 Attorney for Plaintiff esley Oler, Sl :n " -',:-n (~~~ ;<;~ ;::---; :D -< Kenneth H. Chambers 6501 Brownsville Road Lithia Springs, GA 30122 ~~I fJ/U) ~ \ ,.~ 0 W \;\~~~ , ~~~ 00 '},c ,/ \\i~S Ul~ A DefoHd:;uu, prgge Sheriffs Office J!M-J ~ itJ/lblt:~M/ :rc >, ,-, J" ,'"',_ ,,", ~.'- '- ..- -~"' '"- - - "'.~ -, '"'"',.:.-",~,~-~, I ' LAW OFFICES OF HAROLD S. IRWIN, III ATTORNEY-AT-LAW HAROLD S. IRWIN, III JOHN J. BARANSKI, JR. HITNER HOUSE, SUITES 201 and 202 35 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 HEATHER A. BARBOUR AMY S. CASEY PARALEGALS www.irwinlawoffice.com e-mail: irwinlaw@epix.net 717-243-6090 PHONE 717-243-9200 FACSIMILE June 14, 2000 HON J WESLEY OLER CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQ CARLISLE PA 17013 RE: Chambers (Protection from Abuse) NO. 00 - 3553 CIVIL TERM Dear Judge Oler: The parties are attempting to reconcile. Accordingly, the plaintiff has asked me to withdraw her petition for a protective order and I have filed the attached praecipe. Please cancel the hearing which had been scheduled for June 22, 2000. Thank you for your cooperation in this matter. Sincerely, MJ-L Harold S. Irwin, III tifJJ/If J 4 ?ODD