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HomeMy WebLinkAbout97-00417 \. ~ ." ... (' - JI <:r- \. ~ . III - * ~ ;i , . BEVERLY ANN KEISTER, Plaintiff v. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD EUGENE KEISTER, Defendant NO. 97-417 CIVIL TERM IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 2nd day of April, 1997, a temporary protection order was signed by me on January 24th, 1997, and among other things directed the Defendant to refrain from having any direct or indirect contact with the Plaintiff including but not limited to telephone and written communications. A final protection order was mailed to Mr. Keister sometime, I believe, after January 31st of 1997. He was in Pennsylvania at the time it was prepared and given to him, but he indicated that he wanted to have his attorney examine it before he signed it; so he took the copy or took the agreement presumably back to Maryland to be examined by his attorney, and he mailed a signed copy back to Pennsylvania. The testimony would be that the envelope that was mailed then was dated February 26th, 1997. On March lOth, 1997, a charge of indirect criminal contempt was filed alleging that Mr. Keister violated both the temporary and original protection orders by making numerous phone calls to the Plaintiff primarily at her place of work. A hearing on the allegations of the indirect criminal , contempt was set for Wednesday, April 2nd, 1997, at 1:30 p.m. in Courtroom Number One, Cumberland County Courthouse, Carlisle, Pennsylvania. I believe that there was sufficient proof offered at the hearing today that the Defendant was notified of today's hearing. First, Mrs. Keister indicated that she was also charged with protection from abuse in an action filed by Mr. Keister in the state of Maryland and that on March 12th of this year she went to Maryland for the hearing filed by Mr. Keister and that she indicated that on that date the petition that he filed against her was dismissed. But, also on that date, Mr. Keister was given a copy of the order of court which sets the hearing today, and she indicated that he read this order for several minutes, apparently the Judge saw it, and then it was handed back to Mrs. Keister's attorney. Also, a notice of the hearing was sent to Mr. Keister by the Sheriff of Cumberland County, and the envelope would indicate that service ~'as refused by him on two dates, those being March 16th, 1997, and March 22nd, 1997. At the hearing today Mr. Keister did not appear. Mrs. Keister was present and testified, and her testimony indicated telephone calls that she had received from her husband on the following dates and times: On the 27th of January she received three phone calls, February 4th she received one phone call, February 7th she .~i . received five phone calls, February 24 she received three phone calls, February 25th she received two phone calls, February 26th she received two phone calls, February 27th she received one phone call, March 5th she received one phone call, March 7th she received one phone call, March lOth she received two phone calls, and on March 31st she received two phone calls. She testified on each call she answered the call and that the party on the other end was her husband. I find that the numerous phone calls made to Mrs. Keister at her place of employment did violate the terms both of the final and temporary protection order, and I find the Defendant guilty of indirect criminal contempt of court and sentence him to the Cumberland County Prison for a period of forty-five days. I would also direct that if he not be apprehended on this order in the State of Pennsylvania, that if the law permits, the District Attorney's Office take steps to extradite him from the state of Maryland in order that the order sentencing the Defendant may be enforced. By the Court, I," ,~\ ""II. ){U~, Haro d E. Sheely, P.J. BEVERLY ANN KEISTER. Plaintil1' IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, NO, 97-417 CIVIL TERM RICIIARD EUGENE KEISTER. Dcfcndant PROTECTION FROM ABUSE / j I)ROTECTION ORllER AND NOW, this Jli day of March. 1997. upon considcration ofthc Conscnt Agrccmcnt ofthc partics. thc following Ordcr is cntcred: ), Thc defcndant. Richard Eugcnc Kcistcr. is cnjoincd from physically abusing the plaintiff, Bevcrly Ann Keistcr. or from placing hcr in lear of abusc, 2, Thc dcfendant is cnjoincd Irom having any dircct or indircct contact with thc plaintiff including. but not limitcd to, telcphonc and writtcn communications, 3, Thc dclendant is ordcrcd to rclrain from harassing and stalking thc plaintiff and from harassing hcr rclatives 4, Thc dcfcndant is prohibitcd Irom cntcring thc plaintifi's placc ofcmploymcnt, 5, Thc dcfendant is prohibitcd Irom rcmoving. damaging. dcstroying or selling any propcrty owncd by thc plaintil1. or jointly own cd by thc partics, 6, Thc dcfendant is ordcrcd to stay away Irom thc plaintilPs currcnt residcnce, an undiscloscd location for hcr protcction to avoid furthcr abusc. which thc partics have never sharcd. and the dcfcndant is ordcrcd to stay away from any rcsidcncc thc plaintiff may in thc future cstablish for hcrself 7, Court costs and fccs arc waivcd, 8, This Ordcr shall rcmain in clTcct for a pcriod of onc (I) ycar and can be extended bcyond that timc if the Court finds that thc dcfcndant has committcd an act of abuse or has cngagcd in a pattcrn or practicc that indicatcs risk of harm to thc plaintiff. This Order shall be BEVERL Y ANN KEISTER, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97-417 CIVIL TERM RICHARD EUGENE KEISTER, Dcfcndant PROTECTION FROM ABUSE CONS.XJ' AGRHMENT This Agrccmcnt is cntcrcd on this ._JLr:- day of March, 1997, by thc plaintiff, Bcvcrly Ann Kcistcr, and thc dcfcndant, Richard Eugcnc Kcistcr, Thc plaintill' is rcprcscnted by Joan Carey of LEGAL SERVICES, INC,; thc dcfcndant is unrcprcscntcd but is awarc of his right to havc an attorncy, Thc partics agrcc that thc following may bc cntcrcd as an Ordcr of Court, I, Thc dcfcndant, Richard Eugcnc Kcistcr, agrccs to rcfrain from abusing the plaintiff, Bcvcrly Ann Kcistcr, or from placing hcr in fcar of abusc, 2, Thc dcfcndant agrccs not to havc any dircct or indirect contact with the plaintiff including, but not limitcd to, telcphonc and writtcn communications, 3, Thc dcfcndant agrccs not to harass and stalk thc plaintiff and not to harass the plaintiffs relativcs, 4, Thc dcfendant agrccs not to cntcr the plaintiffs place ofcmployment. 5, Thc defcndant agrccs not to rcmove, damagc, dcstroy, or sell any property owned by thc plaintilf or jointly owncd by thc partics, 6, Thc dcfcndant agrccs to stay away from thc plaintiff's current residence, an undiscloscd location for hcr protcction to avoid furthcr abusc, which the parties have never sharcd, and thc dcfendant is ordcrcd to slay away from any residcnce the plaintiff may in the future cstablish for hcrself 7. Thc dcfendant, although cntcring into this Agreement, does not admit the allcgations madc in thc Pctition, ~''''.''''''''''''''''_ll (') ~ 0 (- '" ,,'}i :~ ... j . :~,::1 C",' :.J ,." ~'. ; ';g <- t=, (:~ i'?: \-" ..,. " ~i~; , " .1" ~ \.,'J . .. . ... .... '" .- ;:'<; ~ ~ ~ ~ l J 7) ~ .. t~ ,u ~ BEVERL Y ANN KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, NO, 97-417 CIVIL TERM RICHARD EUGENE KEISTER, Dcfcndant PROTECTION FROM ABUSE PROTECTION ORD.:R AND NOW, this l1!!:aay of March, 1997, upon considcration ofthc Conscnt Agrccmcnt of thc partics, thc following Ordcr is cntcrcd: \, Thc dcfcndant, Richard Eugcnc Keistcr, is enjoincd from physically abusing the plaintiff, Bcvcrly Ann Keistcr, or from placing hcr in fcar of abusc, 2, Thc dcfcndant is cnjoincd from having any dircct or indircct contact with the plaintiff including, but not limitcd to, tclcphonc and writtcn communications, 3, Thc dcfcndant is ordcrcd to rcfrain from harassing and stalking the plaintiff and from harassing hcr relativcs, 4, Thc dcfcndant is prohibitcd from cntcring thc plaintiffs placc ofcmployment, 5, Thc dcfcndant is prohibited Irom rcmoving, damaging, destroying or selling any propcrty owncd by thc plaintiff or jointly owncd by thc parties, 6, Thc dcfcndant is ordcrcd to stay away from thc plaintiffs current residence, an undiscloscd location for hcr protcction to avoid furthcr abusc, which the parties have never sharcd, and the dcfcndant is ordcrcd to stay away from any residence the plaintiff may in the futurc cstablish for hersclf 7, Court costs and fecs arc waivcd, 8, This Ordcr shall rcmain in cffcct for a pcriod of one (1) year and can be extended bcyond that timc if thc Court finds that thc defendant has committed an act of abuse or has engagcd in a pattcrn or practicc that indicatcs risk of harm to the plaintiff. This Order shall be BEVERL Y ANN KEISTER. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97-417 CIVIL TERM RICHARD EUGENE KEISTER, Defcndant PROTECTION FROM ABUSE CONSENT AGREEMENT This Agrcement is entered on this 1/ r day of March, 1997, by thc plaintiff. Bevcrly Ann Keistcr, and the defcndant, Richard Eugenc Keister, The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; thc defendant is unrepresented but is awarc of his right to have an attorney, The panics agree that the following may be entercd as an Order of Co un, I, Thc dcfcndant. Richard Eugcnc Keister, agrees to refrain from abusing the plaintiff, Beverly Ann Keister, or from placing her in fear of abuse, 2, The dcfendant agrecs not to have any direct or indirect contact with the plaintiff including, but not limited to, telephonc and writtcn communications, ), The dcfcndant agrees not to harass and stalk the plaintiff and not to harass the plaintiff's rclativcs, 4, The defendant agrees not to entcr the plaintiff's placc of employment. 5, Thc dcfcndant agrees not to remove, damage, destroy, or sell any propeny owned by the plaintiff or jointly owncd by the panies, 6, The defendant agrees to stay away from the plaintiff's current residence, an undiscloscd location for her protection to avoid funher abuse, which the panies have never shared, and the defendant is ordered to stay away from any residence the plaintiff may in thc future establish for herself. 7, The defendant, although entering into this Agreement. does not admit the allegations made in the Petition, . ," I.':-~ . ,'- J,,~ .aJ 4,) ~vJ( i -(p<JJ. AL-tttlJ ^tr<<.N 47i.~ ~( . ~,.j:jt,j~,~~~:r' \ };vi. :tJr~~~ \Y~ 4 '- . ~.. '0( h~'J ~r ! ~ .~ or'- ,{S ~ ~IJ. ; .JU,w ~ J l-j/~:;Q ~ i ~ C( f'1J'::. -?k:t aJ!< Mle U;;" : ~ Zk ~ j; {,fN?t.. . '/lite , i /ftk~ ./tV'lft.-f.. \jZ6 4Jte... ~ "0/. C;""t1. 4R~;~r i~fi ~4 d-~.' CJ :J-J'1t1 ikn . :if T~ I~ ;t; f'U- A~:l~- eft 1 I .) J ~p I.~~ p~~';::'d I t p :t/~ %J hl4 An-A J;t41~j 4~ ~ ~. r ;to f'- A J . .?\ I) I . .f'~ ' J~I J ' ~1~ . oI.-~<J .f;:! I ~ ~~ I , . ~ J. c;vm ~ 40, ~ 4vL( J~j /)to $~ ~~ ~ ~ ~ ~/1-~1 c1k/t>U .J ay( t,.tt;;J1/~1 M{ .,>/:-:1 ~.~ 4/""'lu- atfoP-<<=..d 1<> <t ASI&(f- ~IiO --"'1 4:.) f'~(fltM!-l . .~~.M4f G '".Mj~~~~u0'~ ~ ,/~ ~ ~,J 4v~1 .c/J~ ~~ It~tJ,f o/~.?: ~J. I 11 tr :do --1~4 , .J rJ J 'cd ~d<.. U){~ ct, ~ a,~ 4Ij~' ~:-dt ~ .<1eiJ2;7~1J 2tt~ ~UJ4~ ~ iA;;j;t; -0~( ~~ 4f ~~ ;(;ft-tt;i~ J. a111.. :fid~~ ' ~ V (~.LQ~ ~ ./)}~ Wt~ -"~~e. (/-' iI(f~ ~.4~ .it.w .<1<> ,9. c.rr. .& ~-.e. ~2 '\. ~ ~ /J1C~ I ~ ~ 4jf/'-t-l.. f'~.~,of~~ _ ~C ~, (~,~t~/&.,Aj2 .~ /Ii , ,r ~ -r .4ft 4.-~ J"~ 4tt7f -' tSk,h~'1A, 1.(.~-1 ALP:! . U ~ (F' . BEVERLY ANN KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, RICHARD EUGENE KEISTER, Defendant : NO, 97- ~ 11 CIVIL TERM : PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this ~f January, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Beverly Ann Keister, now residing at 1021 . Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Richard Eugene Keister, the following Temporary Order is entered. The defendant, Richard Eugene Keister, (SSN: 204-30-7736)(DOB: 8/26/40), now residing at 2S 113 Wymont Park Road, Worton, Kent County, Maryland, is hereby enjoined from physically abusing the plaintiff, Beverly Ann Keister, or from placing her in fear of abuse, The defendant is ordered to stay away from the plaintiffs residence located at 1021 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, to which the plaintiff moved to avoid abuse, which is not owned or leased by the defendant, and is ordered to stay away from any residence the plaintiff may in the future establish for herself. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telcphonc and writtcn communications, The dcfendant is enjoincd from harassing and stalking the plaintiff and from harassing her relativcs, Thc defcndant is enjoincd from entcring thc plaintif1's placc of employment. Thc defcndant is cnjoincd from rcmoving, damaging, destroying or selling any property owncd jointly by thc parties or owncd by thc plainlif1: A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. fi6113; ii) a private criminal complaint under 23 Pa.C.S. fi6113.1; iii) a charge of indirect criminal contempt under 23 Pa,C.S. fi6114, punishable by imprisonment up to six months and a line of$100.00-$I,OOO.00; and iv) civil contempt under 23 PlI.C.S. ~6114.1. This Order shall remain in effect until modified or tenninated by the Court and can be extended beyond its original expiration datI. if the Court finds that the defendant has committed an act ofabuse or has engaged in a pattern or practice that indicates risk of hann to the plaintiff, A HEARING SHALL BE HELD ON THIS MA TIER ON J.lAAI. .3 J . 1997, AT I: 10 P.M., IN COURTROOM NO. L, OF THE CUMBERLAND COUNlY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing, The Cumberland County Sheriff's Department shall attempt to make service at the 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 fOlWarded to the Sheriff for service, The Prothonotary shall not send a copy of this Order to the defendant by mail. The Hampden Township and Camp Hill Police Departments shall be provided with certified copies of this Order by the plaintifl's attorney, 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 defendant shall bc takcn without unnecessary delay beforc the court that issued the '''''::;.,,,,,, "...--...,.-.,;-,~' .. ......."',. ...."'_",,.->k.,-.'t:-.l'/';i~_~-"cl.'<'_!..::~d._C~-tL...C.)' '" OFFICE OF THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE. PENNSYLVANIA 1",013 . ,. --~;o."~...._..,,->~...,,,,..,...z,.-...~__,, MARQ'l1997 11~ . .,....._."......"'....~.,~,.........._-"""'''''''.."._.- .~.~~~-.">.-. ----'-'.1 Commonweolt"'S EXHIBI1 3 L,n-\ ,I BEVERLY ANN KEISTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V, : 97-417 CIVIL RICHARD EUGENE KEISTER, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this /O!:- day of March, 1997, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process, In consideration of the attached Commonwealth's Petition, the defendant, RICHARD EUGENE KEISTER, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the ul,,"~ay of () b.~P , 1997 at LiQ...o'c1ock O,m, in Courtroom # -L of the Cumberland , f- County Courthouse, Carlisle, Pennsylvania, The defendant has a right to be represented by an attorney, If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285, Further, if the defendant fails to appear, an arrest warrant will be issued, The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, ~s J 1~CJ E' lJ,.. 7 a{old E, Sheely, p, J, Michael S, Schwoycr ChiefDeputy District Attorney TRUE COPY FROM RECORD In Testimony wller1Ol. "*' unIO.. "'.. md tile seal of said CoIln at CI]rtIIlI, ... {hi! II g, ~day of ?5":.;.",~ 19~ c.. l~ ' OJ},., PI utllunCllllrv RICHARD EUGENE KEISTER Commonweollh's EXHIBIT 2 /...(H BEVERL Y ANN KEISTER, Plaintiff IN THE COURT OF COMMON PLEASOF CUMBERLAND COUNTY, PENNSYLVANIA V, 97-417 CIVIL RICHARD EUGENE KEISTER, Dcfcndant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Michacl S, Schwoycr, ChicrDcputy District Attorncy ofCumbcrland County, PCMsylvania, brings thc following Pctition for a hcaring on chargcs ofIndircct Criminal Contempt: I, A Protection from Abuse Ordcr was issucd by thc Court, A true and correct copy of the Order is attachcd, 2, The defcndant' s violation of this Order is averred in the attached private criminal complaint, 3, The victim rcqucsts thc filing of an Indircct Criminal Contcmpt Charge upon infonnation reccivcd, 4, The District Attorney's Office approvcs the filing of this private criminal complaint. 5, The Commonwealth is rcquesting a hearing on the charges ofIndirect Criminal Contempt pursuant to 23 Pa,C,S,A, 96113, 6, Thc plaintiff and thc dcfcndant seck modification of the Ordcr based on the filing of this petition as the Court dcems appropriate following the trial in addition to any other scntcnce, 23 Pa,C,S.A. 96113, WHEREFORE, thc Commonwcalth rcqucsts thc dcfendant bc commanded to appear bcfore the Court on thc charge ofIndirect Criminal Contempt. CRIMINAL COMPLAINT (PRIVAlEl auu (f <DM:tl PLfAS (f aJ1lERLAMl a:wTY INDIRECT CRIMINAl CONTEMPT A 59317 I IDENT NUMBER UCR NO, o '., I, &.K'A1 , Jml k;.,./..v (Nomrnt A'JtlJnt) COMMONWEALTH OF PENNSYLVANIA DEFENDANT, VS, NAME f<'C/,a"d~, ~I daY , :~RESS 6l~-//3 ?-Jl,nm+ P<>rk. ~d WaY' {...,"-) t71d, OJ/(P 7S-- lXll:~1P13S" (>~) 55 #: t9-0'!- :30- 113ft:, (ldin/lI,. dtponmtfll'If Utin,,' rtprtStnttd and po/iliC'lJI JubclMJin,,) do hereby state: (I) IX! I accuse the above named defendant, who lives at the address set fonh above or. ~ 0 I accuse an individual whose name is unknown to me hut who is described as .8 i . 't! in Ie. County on or about o Participants were (I/Ihm "',. ".nltl".n/S, plottlh,l, nom.. htrt, ,.",olln,'ht nomt of abort dt/tndo., r '- o his nickname or popular designation is unknown to me and. therefore, I have designated him herein as John Doe; with violating the penal laws of the Commonwealth of Pennsylvania at Vf)r to\l;' lu(r,b"" "''' 00'\.-"\& Ct.",!., (Ploel. Political SubJMJ/nn) (2) The acts committed by the accused were: @DID VIa.ATE A PROTECTlrn FRO>1 ABUSE ffi[ffi MTED: '1..7'1/'17 AT lXXJ<ET NLMl8l: fj 7 - ~/ 7 IN 1W\T 1HE !IFEN1Wrr DID 1HE FQLCWING PCTS IN; _ /- frP;~:,:""'l I tlf, + ~Drt.. _ ~"" (J.f/...c.t.~d ,,~' if VIa.ATJOO (f 1HE ffi[ffi: <!.(.(./ /ed 171~ rer:A'K 1 c>. Iw!. ^'/L~e. _ ~fI.,'(1- 'f.s:A",;J... Sh\4l - fa/1d flU'- ()- f f11 Y ~1/;, I :> t- ~ "-.5~ ~ nu- o/Ol~ a./.; IJrc-r-. ~/...~ It~ dof il.~",- In-J. -t/tL I'fI. + ~:L .m bur tzntl;i/U:5tlfY ~~_ ;5c-nf rt>::;e~ '" I1"-L 0.. e..J" r d S()11.tt.nA- -It) sr -J, b ~ /.. /.<<d ~/' J1\c.. /t" ;. r""" {. ",'d"of Jf\.....~ T^,~ -f~I1/... -t~~r I.; ;1: M\,cI M. J,.~f toJ"",*d. i. &fJ.~-f dc.~'- ~,,~;f;,1'l' '1 'f I(I'~ ,- le, P I i l.":'r bu.:'y ~ (.11. r - J """'{e... (e:." u ~({;^ si"<E.:r <--JtJ'f'#C. '" '" d .:3 ~_ 7Fh'~~'~ 70"- ,:S elf! very r (f ,460 retcilJ<.c! .a.. (qrd~ ~ /11'( /,'(tz Ifll':Jo/a/"lt!....IJ). all of which were against the peace and dignity of the Commonwealth of Pennsyl\'!l!1i!l_l!,!!..~~ntra!~ .to)he_.~!. ~f As_~mbly, or in violation of alld [ilL ~ of the Act of (S<c/lon 1 (Sub, ,..lion) I Ordinance of or the --.', (Political Sub. division) (3) I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made, (4) I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Scclion 4904 of the Crimes Code (18 Pa. C. S, ~ 4904) relating to unsworn falsification to authorities, ~z:;/7 e J. (J. (11M' -3 . 19 f2- AND NOW, on this dale . 19 _, I certify the complaint has been properly completed and verified, and thai there is probable cause for issuance of process, (SEAL) (\f<l~I\I"'1I/1 Oliff/a J (IUllilf~Allth(),ill.) 1.QJ>C 41 !-fM; i t o 00 III 0 2:~=c ~~g'~ "':'00 3 is...,, ~c-Co org::tc Ill~lt;:: ~,~ CIIlll _~i:o ...... CD .. C o .. Z c;j =0 "'ll '. " ~ w w .... CJ ~ '.. ..ll ~ rr ;:<::; ~ C! ~ =0 1"1., C:-.: ,..., --. "'"~ '"'\." -; I ( = lJ' rr., tJ~ ~ c: \ J"I"'l \ .r#" ~ ~~ , ;;: 'I''J , 01 I.-F'H . " ..~"".. .~. ...., ,'.'.' ......~~...j...,.~ ~. . -I.,.. .. ,". " " . ~. ~.-..~y.~.:-,:" "Of ~ i:' .~ .. .. ~- ~. .. "'; l"- ,Ot~... OFFICE OF THE DISTRICT ATTORNEY OF CUMBlO:RLAND COUNTY -.' . ONE COURTHOUSE SQUARE MA CARLISLE, PENNSVLVANIA 17013 R 0 7 1997 ('1 { . . ~~_>_"'''''' ,~,~.~,_._..~............'~,.__,.,..".""o;-<-'._.~ ._.' __.,'" M'" . '-.,.-..,,~'. -.... ..'-..,-" ""'''',,-''.'';'':''''" SH~:IHFF':; m';TURN - U, S. O;RTlFU:O MA IL CAS~: NI): L'J9/-t!M'ltl P CIJMtILlNW~:^"TII IW 1'~:NtlS),I.V^N [A: (1IIJWfY IW CUMH~:nLANI) I\~:n:'l'i':tl HI':VI-:tlI,Y,MN VS, I\~: [S I'I-:tl Il [CII^lll't ~:"ljl':N~: R, Thomas Klin~ . Sheri!f or i)qputy Sheriff of CIJtlIJI.:nLANf' COl/nty. Pennsylvani:l. who being duly sworn a,;r;ording to L:lw. sE'r\'ed the wi thHI n:lmed I)~;FI::NIMNT, 1\I':r:; 1"I';tl n IGIlAl'W ~:IJij~:N~: by IJr.lte-rj Stat,es Certified tJ:lil post:lge- I'rep;3\d. on the 12th day o! M:Jr':h 1'J,?7 at l:jt~v.I:"'~ HIJIJHS. at. :3t t,j WYMllNT P^RI\ Rl.lAfJ WIJP.TON., tlD 2 U.,78 a t,fue :lnt! attested copy of t.he attached DIWI':/I OF COUI<T AND togr?t.he-f with COMMUNWI::^I.TH'S J'I';Tl TlllN ~'I)R 1I1::AR I NLi llN CH^RGI::S OF' INI) (n~:CT ,CIUM tNAI. GIJlln:MPT Thq returned receipt card was signed by or. ~J/~)"'/lil~l1llil, ^dditillnol CI)iII01t:'nts: I,J-:'I"ITII In:TUIlIH-:(J TO orne!.: OF SIJI.:IIIFF ON Al-'riIl, 1. 19".7 WITH nl::ASON c:u;.:O:I:P liI.:FUSFI' ~;hcriif's Costs: {.l.:tI:;I-:c t irao ~.:.; rv i (".+: - .....ifJ.devit. ~.;\l rch~ rq~. n:I:'I.lI'Jr,l' MAIL HI 11:1,1110 ,~0 ,00 2.00 :1,75 ~:i::}. '/;, \'l0/l11J I \'lQIIZlI1l ~;>oI': in t,hi,~: LY :1nd z.tJi)~I-;ri bed to b'?i'orl";' m~ d;:!i' of :\. l), rrOT..honc,lary -' ~ co .... (- ,. ~Q 8 --:; --r: " '. ) t_~': <' -- )~-e c;l It;!; :~ c 'D .--:.~ 8(' e.. I '12 lIce 0- '-2 '1lU f~: .., i .1u.. :L: ::i ll. r- ::J 0 C" CJ u.~ OZ ~ Ul< I>:: .., U'i~ ~ Z .. E-o ~~ 12 ...I> 1>::.... 11).... a.Ul .. ~.... ....." 5~ ~ ZZ E-o.... ~., offi 11).... ~"" 1-8WZ ..... " " ~a. ~.... ~QI ,.... o Ul< ~ . ~., z.... .... -O:)~ 8~ .... ~QI .;t a:ZO> Zp, e"Q I lii:5J:Ul 11.:) Z ::> ,.... - li:z 08 < ~ cr- Oa: Z ww:)w li:o >- Q J:CIl0a. ,..l I>:: I-~o - :)z I>:: < 11.:) w 8:5 ~ == 00 iil > u wu. ::::i wffi ~ ..... l<l > I>:: 00 a: ~~ ii: ~ II. Z:) 0 -0 '.. . -.. - :-= ~." ."~ , .. . ,....' .. . '... " , . . ~ 9 BEVERLY ANN KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V, 97-417 CIVIL RICHARD EUGENE KEISTER, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this Ii) J, day of March. 1997, this Court certifies that the attached complaint has becn propcrly complctcd and vcrificd, and there is probable cause for the issuance ofproccss, In consideration of the attached Commonwealth's Petition, the defcndant, RICHARD EUGENE KEISTER, is directcd to appear for trial on the charge ofIndirect Criminal Contempt bcfore thc Court on thc M day of Il~i', '1_ ,1997 at L@'c1ock~m, in Courtroom #d of the Cumberland County Courthouse, Carlisle, Pennsylvania, The defendant has a right to be represcnted by an attorney, Ifthc defendant cannot afford an attorney, upon requcst onc will be assigned to represcntthe defendant, If the defendant wishes assignment of counsel, contact should bc made prior to trial with the Cumberland County Public Dcfcndcr's Office at 717-240-6285, Further, if the defendant fails to appear, an arrcst warrant will be issued, The Sheriff of Cumbcrland County is directed to serve this Order and Petition upon the defendant, The asscssment of costs to bc detcrmined by the Trial Judge subsequent to trial. By the Court. },l'~LJ(- \k/ arold E, Sheely, p,1. Michael S, Schwoyer ChiefDeputy District Attorncy . J.k-"..... Q~l'i 'J' I' , 'i J .(.2. ~ .E ,,...( .J<.~L'<-(..U" 3 II q., RICHARD EUGENE KEISTER .Jic"'l(- I..P I~ d..' t....,. ',{ (;{' '7 ,)...i.<",-, J..'/J t' 'C:'a "1' /Jut ,;.;'''u PI? ~",<, 7 ',AI~ CRIMINAL C;OMPLAIf:JT (PRIVATE) INT NUMBER , NUMBER cnRT (J' CQoMJ; PlEA<; (J' llMlERLPMl ca.NIY Complaint Numbefllf Other Parllclpants INDIRECT CRIMINAL CONn1J1PT A 59317 TN I, (6..,l('tl1 JIm! IV:. ...j,-( (^,tJlII("I~/A1Jllml) COMMONWEALTH OF PENNSYLVANIA DEFENDANT VS, NAME ~'(/'tI"J ,t;!. f.:t.1 ~/cy . AND _ /, , + p"".( r?J ADDRESS 6l:J 113 vvl,nm lUoY' fr,.... \ /71d, Ollfp 7S.... 00l:~~/.3g-- en) SS#: aO'(-:30-11iJ0 of (Idtllllf.r dtptJ"mflllor tlgtll(l" fl'P""Jfl/tC'd Ulld ptllttil'l.lJ JI/bJirill(lII) do hereby state: (I) I] 1 accuse the above named defendant, who lives at the address set forth above or. ~ 0 1 accuse an individual whose name is unknown to me but who is described as .8 ., -l! ~ ~ ~ is ~ o his nickname or popular designation is unknown to me and, therefore, I have designated him herein as John Doe; with violating the penal laws of the Commonwealth of Pennsylvania at WnW', 1uU"\-'u.,.... '" - .:>>'0>""'& (t.VlI, l. (Pluff .1\)/i,;(01 SubJMJ/llIt) in y)\ 1,'.(\ County on or about Participants were (ifthtrr ",(no participanll, ploct ,hti'nam~ lI("rt. rtplaling Ih,. numtof abcJl't'dtfi'ndanl): (2) The acts commilled by the accused were: 0 DID VIQATE A PROTECTICtI FRCM PJ!IJSE CRlIR lYITED: t/.2'1/'17 AT l:OO<ET NlMlER: fj 7 - '/17 IN lW\T 1HE llEFENlWIT DID 1HE FQLGIING PCTS IN, _ I- 'Ii- p;~~:.,.,( lecl!, . + t->"~ - ~"" (.dl.~A"-c1,o~' If VIQATlCtI (J' WE lJWER: e"I/eJ m~ (eqc"" ~: "~,.,, J..'k:'e. _ "t'~efh'(t ~.;2. 511\0/,;1) (la//t.d ,/'.<- t'- ;n r ~ I ~ .be/rl-e... tt..5h~ 'W ~ , a./.; IJrc-r-. f.;JA"t<..- he. Jof 1/'~,.... ...~-/ {AL flJ1. +'~cY'L 4YI lJ"f ellllliverstlo"f ~"'~7:... 5cnf r":::.c~ 'G' IT'-L e1 cI.r d $()fVI.fl'A- fa sr ./. beft..- /..e I.ItJ fcld ;r<"- At! f,t< rc7l<"d' ("o'd"ot 1f\-4..~, !"^'~ 1NI1/... tk~t11 , dl... """d ;...... j<,;,i /oJt'>'\.l:d i. &- f'r........f dt!.~L fJ"~/f,'nr (e:.1 oI !t,~ /.~I,'/"~~i,,(~I ""I.rd. ",/ ",Vt",y bl<l ~_(-Ih~t;..;':1 -{oyt14{<.. ,':; el// Ut!,y I.I.r~ ' 11 1/1::.0 (crcllXd ~ (qrJ<;, tz.?"-d my //l<<. Inl~'V'o.{,/t!....IJ). all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of and .,.;; r:;' of the Act of . ,.-,_., " , (St(Iion) (Sub.jtrUon) I Ordinance of or the " ( PoIil/(oJ Sub. dMsion) (3) I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made, (4) I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belier. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C, S, ~ 4904) relating to unsworn falsification to authorities, c 9::':'- ~ (JIM oS ,19l-2- AND NOW, on this date , 19 _,I certify the complaint has been properly completed and verified, and that there is prohahle cause lor issuance of process, t,\(lI/:il/('ri"f 1J/\trirtJ (/.ullinN AllthOfllj" J (SEAL) AOPC 41 H~; -_._..... ___ -_..____ _.__ _...._ .......__ ","_ "'_"'<or""I"''''''~ BEVERLY ANN KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF v, CUMBERLAND COUNTY, PENNSYLVANIA NO, 970_3./1 CIVIL TERM RICHARD EUGENE KEISTER. Dcfcndant PROTECTION FROM ABUSE TEMPORARY PROTECfION ORDER AND NOW, this~f January, 1997, upon prcscntation and considcration of thc within Pctition, and upon finding that thc plaintiff, Bcvcrly Ann Kcistcr, now rcsiding at 1021 , Kcnt Drivc, Mcchanicsburg, Cumbcrland County, Pcnnsylvania, is in immediate and present danger of abuse from thc defendant, Richard Eugene Keister, the following Temporary Order is entered, The defcndant, Richard Eugcnc Kcistcr, (SSN: 204-30-7736)(DOB: 8/26/40), now rcsiding at 25113 Wymont Park Road. Worton, Kcnt County, Maryland, is hcrcby cnjoined from physically abusing thc plaintiff, Bcvcrly Ann Kcistcr, or from placing her in fear of abuse, Thc defcndant is ordcrcd to stay away from the plaintiff's rcsidence located at 102 I Kent Drivc, Mcchanicsburg, Cumbcrland County, Pcnnsylvania, to which the plaintiff moved to avoid abusc, which is not owncd or Icascd by thc dcfcndant, and is ordcrcd to stay away from any rcsidence thc plaintiff may in thc futurc cstablish for hcrsclf. Thc dcfcndant is ordercd to rcfrain from having any dircct or indirect contact with the plaintiff including, but not Iimitcd to, telcphonc and writtcn communications, Thc dcfcndant is cnjoincd from harassing and stalking the plaintiff and from harassing her relativcs, Thc dcfcndant is cnjoincd from entcring thc plaintiff's placc of cmployment. Thc dcfcndant is enjoincd from removing, damaging, destroying or selling any property owncd jointly by the partics or owncd by the plaintilr A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C.S, ~6113,1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, punishllble by imprisonment up to Sill months and a line ofSIOO.OO-$I,OOO,OO; and iv) civil contempt nnder 23 Pa.C.S, ~6114.1. This Order shall remain in elTect until modified or tenninated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk ofhann to the plaintiff, A HEARING SHALL BE HELD ON T1I1S MA TIER ON~' 1997, AT I: '0 P.M., IN COURTROOM NO. L, OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSVLV AN1A. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing, The Cumberland County Sheriff's Department shall attempt to make service at the 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 the defendant by mail, The Hampden Township and Camp Hill Police Departments shall be provided with certified copies of this Order by the plaintiffs attorney, 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 thc prcsence of the policc officcr, In the event that an arrest is made, under this section, the defendant shall be takcn without unneccssary delay before the court that issued the BEVERLY ANN KEISTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 97- CIVIL TERM RICHARD EUGENE KEISTER, Defendant : 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 you, 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 plaintiff. You may lose money or property or other rights important to you, FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25,00 will be assessed against you, You may also be required to pay attorney fees to Legal Services, Inc, for their representation of the plaintiff. You should take this paper 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 wbere you caD get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITII 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 infonnation 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, , . BEVERLY ANN KEISTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF v, : CUMBERLAND COUNTY, PENNSYLVANIA NO, 97- 'II '/ CIVIL TERM RICHARD EUGENE KEISTER, Defcndant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER TilE PROTECTION FROM ABUSE ACT, 23 Pa.e.S. ~6101 et seq. A, ABUSE 1. The plaintiff, Bevcrly Ann Keistcr, is an adult individual residing at 1021 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, 2, Thc defendant. Richard Eugene Keister, (SSN: 204-30-7736)(DOB: 8/26/40), is an adult individual residing at 25113 Wymont Park Road, Worton, Kent County, Maryland 21678, 3, The defendant is the husband of the plaintiff. 4, Since approximately July, ]996, the defendant has attcmpted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has scxually assaulted the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed the plaintiff in reasonable fear of bodily injury, This has included, but is not limited to, thc following specific instanccs of abusc: a) On or about January I, 1997. whcn thc plaintiffrcfuscd to havc intercourse with the defendant and tried to gct out of bed, the defendant bccame angry, grabbed hcr by her anns knowing that shc suffcrs from carpal tunncl syndrome and tcndonitis, and shoved her backward causing hcr to fall to the floor and hit the closet door, The dcfcndant grabbed thc plaintiff by her hand, pulled her forccfully , II , . 'I , , . I , causing her to hit the dresser, threw her onto the bed, and straddled her about her her thighs and lower legs pinning her down, The plaintiff sustained bruising about her anns and legs, swelling about her hands, and soreness about her shoulder as a result of this incident. b) On or about July 22. 1996. the defendant repeatedly slapped the plaintiff in the face, first with one hand and then the other, grabbed her b;' the hair and pulled her about, punched her about her ann. and grabbed and twisted the plaintiffs arms and hands, The plaintiff sustained bruising about her anns, swelling about her anns, hands, and face, and soreness about her head, face, hands and anns as a result of this incident, c) On or about July II, 1996, the defendant grabbed the plaintiff by her arms, threw her about, slapped her in the face repeatedly, kicked her in the stomach, shoved her off of the bed, and onto the floor causing her to hit the wall, dragged her back onto the bed and forced her to have intercourse with him against her will. The plaintiff sustained bruising about her anns, swelling about her hands, and soreness about her arms and hands as a result of this incident. d) In or about 1995. the defendant pushed and shoved the plaintiff about, and threw a porcelain platter at her resulting in broken pieces of the platter hitting her leg, The plaintiff sustained a laceration approximately four (4) inches long on her leg and which resulted in scarring as a result of this incident. e) In or about 1993, when the plaintiff tried to telephone the police for help during an incident, the defendant wound the telephone cord around her neck and choked her, The plaintiff s mother intervened enabling the pliantiff to get away and contact the police for help, . " . , .. t ,. . l) Since the parties' marriagc in 1988, thc dcfcndant has abused the plaintill' in ways including, but not Iimitcd to, pushing, slapping, shoving, kicking, punching, choking, grabbing her by her arms, hands, and hair, twisting hcr arms and hands, throwing her about, and forcing hcr to havc intercoursc against her will scvcral timcs cach wcck, In addition, the defcndant has rcgularly intimidatcd thc plaintiff by raising his fists to hrr and restraining her. The plaintiff has sustained several bruiscd and swollen cycs as a result of the defcndant striking hcr about hcr face, The plaintiff had a Protcction Ordcr against the defendant through York County in 1989-90, and another in Maryland in 1993-94, The defendant's history of abusc exacerbatcs the plaintiffs fear, S, On or about January 7, 1997, the plaintiff left hcr rcsidencc at 2S 113 Wymont Park Road, Worton, Kent County, Maryland. in ordcr to avoid furthcr abuse, 6, The plaintiff believes and thereforc avers that she is in immediate and present danger of abusc from the dcfendant and that she is in need of protection from such abuse, 7, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with thc plaintiff including, but not limited to, telephone and written communications. 8, The plaintiff desires that the dcfendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives, 9, Thc plaintiff desires that the defcndant be restrained from entering her place of employment, 10, Thc plaintiff desires that thc dcfendant be enjoined from removing, damaging, destroying or sclling any property owned jointly by the parties or owned by the plaintiff, B. EXCLUSIVE POSSESSION II, The home from which the plaintiff is asking the Court to order the defendant to stay away from is owned in the names of her daughter and son-in-law, Kathie and Ken Dum, and the defendant has never resided there, C. SUPPORT 12, The defendant has a duty :0 support the plaintiff. \3, The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage, and payment of un reimbursed medical expenses for herself, 14, The defendant receives Worker's Compensation payments of approximately $475 monthly, Social Security Disability payments of approximately $1,200 monthly. and approximately $500 monthly from his retirement pension, IS, The plaintiff's income is insufficient to provide for her minimal needs until such time as a support order can be obtained by filing at the Domestic Relations Office, 16, The plaintiff intends to petition for support within two weeks of the issuance of a protection order, D. LOSSES AND REIMBURSEMENT FOR COST OF CASE 17, The plaintiff has suffered losses as a result of the abuse by the defendant, The losses are listed on Exhibit A attached, 18, Ordering the defendant to pay $250,00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of attorneys' fees, as reimbursement for the cost of litigating this case and assessing the $25,00 surcharge and court costs to the defendant if the case goes to hearing, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P,S, ~6101 et ~" as amended, the plaintiff prays this Honorable Court to grant the following relief: t I . " , , " , . II . A. Grant a Temporary Order pursuant to the "Protection from Abusc Act" I, Ordcring thc defcndant to refrain from abusing thc plaintiff or from placing her in fcar of abuse; 2, Ordering the defendant to refrain from having any direct or indirect contact with thc plaintiff including, but nol limited to, telephonc and writtcn communications; 3, Ordcring thc dcfcndant to rcfrain from harassing and stalking thc plaintiff and from harassing hcr relativcs; 4, Prohibiting thc dcfendant from entering the plaintiff's place of employment; 5, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by thc plaintiff, and 6, Ordering the defendant to stay away from the plaintiff's residence located at ) 021 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, which the parties have never shared, and ordering the defcndant to stay away from any residence the plaintiff may in the future establish for herself. B, Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of onc year: I, Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse, 2, Ordering the defcndant to rcfrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and writtcn communications, . .. 3, Ordcring thc dcfcndant to rcfrain from harassing and stalking thc plaintiff and from harassing hcr rclativcs, 4, Prohibiting thc dcfcndant from cntcring thc plaintil1's placc of cmploymcnt. 5, Prohibiting thc dcfcndant from rcmoving, damaging. dcstroying or sclling propcrty jointly owncd by thc partics or owncd by thc plaintiff, 6, Ordcring thc dcfcndant to stay away from thc plaintil1's rcsidence located at 1021 Kent Drive, Mechanicsburg, Cumberland County. Pennsylvania, which thc partics have never shared, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for hcrself, 7, Granting support to thc plaintiff in thc amount of$I00,OO per week payable to thc plaintiff in thc form of a check or money order, mailed to her residcnce; ordering thc dcfendant to provide health coverage to the plaintiff, and ordering the defendant to pay all of the unreimbursed medical expenses of thc plaintiff to the provider or to the plaintiff when she has paid for the medical treatmcnt. 8, Ordering the defendant to reimburse the plaintiffs out-of-pocket losses suffered as a result of the abuse including, but not limited to, the losses listcd on thc attached sheet marked Exhibit A, 9, Ordcring thc defcndant to pay $250,00 to Cumberland County, one of Lcgal Serviccs, Inc,'s funding sources, in lieu of attorneys' fees, as rcimbursemcnt for thc cost of litigating this case and assessing the S25,OO surchargc and court costs to thc defendant if the case goes to hearing. " . " . . ., . . .. . BEVERLY ANN KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97-417 CIVIL TERM RICHARD EUGENE KEISTER, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, Beverly Ann Keister, 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: I. A Temporary Protection Order was issued by this Court on January 24, 1997, scheduling a hearing for January 31. 1997. at 1:00 p,m, 2, The Cumberland County Sherifl's Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order by mailing it to him at his residence at 25113 Wymont Park Road, Worton, Kent County, Maryland 21678. by certified mail on January 24, 1997, The defendant signed the return receipt on January 27. 1997, and the Return Receipt was mailed back to the Cumberland County Sherifi's Deparment. 3, The defendant indicated to Legal Services, Inc, on January 31, 1997, that he desired legal representation in this matter and requested that the hearing be rescheduled to afford him time to retain counsel. 4, The plaintiff requests that the hearing be continued pending further Order in this maller, 5, The plaintiff requests that the Temporary Protection Order remain in effect for a period of one year or until further Order of Court, 6, Certified copics of the Order for Continuance will be delivered to the Camp Hill and Hampdcn Township Police Departments by the allorney for the plaintiff. BEVERL Y ANN KEISTER, l'laintifl' IN TilE COURT OF COMMON ('LEAS OF v, CUMBERLAND COUNTY. I'ENNSYL VANIA NO, 97-___~J1H-. ___ (,(VII. TERM PROTECTiON FROM ABUSE RICIIARD EUGENE KEISTER, Defendant TEMPORARY PRon:CTION ORm:R AND NOW, this~f January, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintil1: Beverly Ann Keister, now residing at 1021 , Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. is in immediate and present danger of abuse from the defendant, Richard Eugene Kcister, thc following Temporary Order is entered, The defendant, Richard Eugcnc Kcistcr, (SSN: 204-30-7736)(008: 8/26/40), now residing at 25113 Wymont Park Road, Worton, Kcnt County, Maryland, is hereby enjoined from physically abusing thc plaintil1: Bevcrly Ann Keistcr, or from placing hcr in fear of abuse, Thc defcndant is ordered to stay away from thc plaintilfs residence located at 1021 Kent Drive, Mechanicsburg, Cumbcrland County, Pcnnsylvania, to which the plaintiff moved to avoid abuse, which is not owncd or leased by thc defendant, and is ordered to stay away from any residence thc plaintiff may in the futurc establish for herself The defcndant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, tclcphone and writtcn communications, Thc defcndant is enjoincd from harassing and stalking the plaintiff and from harassing her relatives, The defendant is enjoined from entering the plaintil1's place of employment. The defendant is enjoined Irom removing, damaging, dcstroying or selling any property owned jointly by the partics or owned by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa,C.S. !j6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. !j6114, punishable by imprisonment up to six months and a line orsIOO.OO-SI,OOO.OO; and iv) civil contempt nnder 23 Pa.C.S. ~6114.1. Tbis Ordcr shall rcmain in cffcct until modificd or tcrminatcd by thc Coun and can bc cxtcndcd bcyond its original cxpiration datc ifthc Coun finds that thc dcfcndant has committcd an act ofabusc or has cngagcd in a pattern or practicc that indicatcs risk ofharnlto thc plaintiff. A HEARING SHALL BE HELD ON TillS MATIER ON~, 1997, AT I: 10 P.M., IN COURTROOM NO. L, OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may procccd without pre-paymcnt of fees pcnding a tlJnhcr ordcr aftcr the hcaring, Thc Cumbcrland County Sheritfs Dcpartmcnt shall attempt to make scrvice at the plaintiffs requcst and without prc-paymcnt of fees, but service may bc accomplishcd undcr any applicablc rulc of Civil Proccdurc, This Ordcr shall bc dockctcd in thc onicc ofthc Prothonotary and forwardcd to thc Shcrill' for scrvice, Thc Prothonotary shall not scnd a copy of this Ordcr to thc dctendant by mail. Thc Hampdcn Township and Camp Hill Policc Dcpartmcnts shall bc providcd with ccrtificd copics of this Ordcr by thc plaintiffs attorncy, This Ordcr shall bc cntorccd by any law cnforcemcnt agcncy whcrc a violation occurs by arrcst for indircct criminal contempt without warrant upon probablc causc that this Ordcr has bccn violatcd, whcthcr or not thc violation is committed in thc prcscncc of thc policc oniccr. In thc cvcnt that an arrcst is madc, undcr this scction, the dcfendant shall bc takcn without unncccssary dclay bclbrc thc coun that issucd thc euusing her to hit the drcsser, thrcw hcr onto thc bcd, und struddlcd hcr about hcr hcr thighs und lowcr legs pinning hcr down, Thc pluintifT sustaincd bruising about hcr arms and Icgs, swelling about hcr hands, and sorcncss about her shouldcr as a rcsult of this incidcnt, b) On or about July 22, 19%, thc dclcndant rcpcutcdly sluppcd thc pluintifTin thc Iilec, Iirst with onc hand and thcn thc othcr, grubbcd hcr by thc hair and pull cd hcr about, punched hcr about hcr ann, and grubbcd and twistcd thc plaintiff's anns and hands, Thc plaintill. sustaincd bruising about hcr arms, swelling about her anns, hands, and Iilcc, and sorcncss about hcr head, Iilce, hands and anns as a rcsult of this incidcnt c) On or about July II, 1996, thc dcfendant grabbed the plaintilfby her anns. threw hcr about, slappcd hcr in thc Iilec rcpcatcdly, kickcd hcr in thc stomach, shovcd hcr on' of thc bcd. and onto thc floor causing hcr to hit thc wall, dragged hcr back onto thc bcd and forccd hcr to havc intcrcourse with him against her will. Thc plaintifT sustaincd bruising about hcr anns, swclling about her hands, and sorcncss about hcr anns and hands as a rcsult of this incidcnt d) In or about 1995. thc dcfcndant pushcd and shovcd thc plaintiff about. and thrcw a porcclain plattcr at hcr rcsulting in brokcn pieces of thc plattcr hitting her Icg. Thc plaintiff sustaincd a laccration approximatcly four (4) inches long on her Icg and which rcsultcd in scarring as a rcsult of this incidcnt. c) In or about 1993. whcn thc plaintifT tricd to tclcphone the police for help during an incidcnt, thc dcfcndant wound thc telephone cord around her neck and chokcd hcr. Thc plaintiffs mothcr intcrvcncd cnabling the pliantiff to get away' and contact thc policc for hclp, I) Sincc the parties' marriage in 1988, the defcndant has abused the plaintill' in ways including. but not limited to, pushing, slapping, shoving, kicking. punching, choking, grabbing hcr by hcr arms, hands, and hair, twisting hcr arms and hands, throwing hcr about, and forcing her to havc intcrcoursc against hcr will scvcral timcs cach wcck, In addition, thc dcfcndant has rcgularly intimidatcd thc plaintiff by raising his fists to hcr and rcstraining hcr. Thc plaintilf has sustaincd scvcral bruiscd and swollcn cycs as a rcsult of thc defcndant striking hcr about hcr lacc. Thc plainti:f had a protcction Order against thc dcfcndant through York County in 1989-90, and anothcr in Maryland in 1993-94, Thc dcfendant's history ofabusc cxaccrbatcs thc plaintiffs fcar. 5, On or about January 7, 1997, thc plaintitflcfi hcr rcsidcncc at 25113 Wymont Park Road, Worton, Kent County, Maryland, in ordcr to avoid furthcr abusc, 6. The plaintiff belicvcs and thcrcforc avers that shc is in immediatc and prcsent dangcr of abusc from thc dcfcndant and that shc is in nccd of protcction from such abusc, 7, Thc plaintitf dcsircs that thc dcfcndant bc prohibitcd from having any direct or indircct contact with thc plaintil1' including, but not limit cd to, telephonc and writtcn communications, 8. Thc plaintiff dcsircs that thc dcfendant bc enjoined from harassing and stalking thc plaintiff. and from harassing hcr relativcs, 9. The plaintiff dcsircs that thc dcfcndant bc rcstraincd from entcring her placc of cmploymcnt. 10, Thc plaintiff dcsires that thc dcfcndant bc cnjoincd from rcmoving, damaging, dcstroying or selling any property owned jointly by thc partics or own cd by thc plaintiff, n. EXCLlISIVE POSS.:SSION II, Thc homc from which thc plaintill'is asking thc Court to order thc dcfendant to stay away from is owncd in thc namcs of hcr daughtcr and son-in-law, Kathic and Ken Durn, and thc defendant has ncver rcsidcd thcrc, C. SUPPORT 12, Thc dcfcndant has a duty to support thc plaintiff. 13, The plaintiff is in nced of financial support from the defendant including, but not limited to: health insurance coveragc, and paymcnt of un reimbursed medical expenses for herself, 14, The defendant reccivcs Worker's Compensation payments of approximately $475 monthly, Social Security Disability paymcnts of approximately $1.200 monthly, and approximately $500 monthly from his rctircmcnt pcnsion, 15, Thc plaintiffs incomc is insufficient to provide for her minimal needs until such time as a support ordcr can bc obtained by filing at the Domestic Relations Office, ] 6, The plaintiff intcnds to petition for support within two weeks of the issuance of a protection ordcr. D. LOSSES AND REIMBURSEMENT FOR COST OF CASE 17, The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached, 18, Ordering the defcndant to pay $250,00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in licu of attorneys' fees, as reimbursement for the cost of litigating this case and assessing thc $25,00 surcharge and court costs to the defendant if the case goes to hcaring, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P,S, ~6101 et lli)" as amendcd, thc plainliffprays this Honorable Court to grant the following relief: A, Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I, Ordering the defendant to reli"ain from abusing the plaintilT or from placing her in fear of abuse; 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and wrillen communications; 3, Ordering the defendant to retrain from harassing and stalking the plaintilT and from harassing her relatives; 4, Prohibiting the detendant from entering the plaintiffs place of employment; 5, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the partics or owncd by the plaintiff, and 6, Ordering thc defendant to stay away from the plaintiffs residcnce located at 1021 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, which the partics have never shared, and ordering the defendant to stay away from any residence the plaintilT may in the future establish for herself B, Schcdulc a hcaring in accordance with the provisions of thc "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: I, Ordering the defendant to refrain from abusing the plaintilf or from placing her in fear of abuse, 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintill' including, but not limited to, telephone and wrillen communications, 3. Ordering the delendllnt to reli'lIin from harllssing and stalking the plaintiff and from harassing her relatives. 4. Prohibiting the delendant Irom entering the plaintiffs place of employment. 5. Prohibiting the delendant from removing, damaging. destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Ordering the delendant to stay away from the plaintiff's residence located at 1021 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, which the parties have never shared. and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 7. Granting support to the plaintiff in the amount of$IOO.OO per week payable to the plaintiff in the form of a check or money order, mailed to her residence; ordering the defendant to provide health coverage to the plaintiff, and ordering the defendant to pay all of the unreimbursed medical expenses of the plaintiff to the provider or to the plaintiff when she has paid for the medical treatment. 8. Ordering the defendant to reimburse the plaintiff's out-of-pocket losses suffered as a result of the abuse including, but not limited to, the losses listed on the attached sheet marked Exhibit A. 9. Ordering the defendant to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of attorneys' fees, as reimbursement for the cost of litigating this case and assessing the 525.00 surcharge and court costs 10 the defendant if the case goes to hearing. t " I. ( ~ ~J ,..... '.' ; l~ ; r'- ., .,.\'"1 " -- :,'r' .. - 'n . - ~~1 .~J . .. ,- .,'") --, - "In .. ,J ,- 'I '0 ~.I .~.: " t " i , ;; BEVERL Y ANN KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY, PENNSYLVANIA v, NO, 97-417 CIVIL TERM RICllARD EUGENE KEISTER, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, Beverly Ann Kcistcr, by and through her attorney, Joan Carey of Legal Services, Inc" moves the Court for an Order rcscheduling thc hcaring in the abovc-captioned case on the grounds that: I, ^ Temporary Protection Order was issued by this Court on January 24, 1997, scheduling a hearing for January 31, 1997, at 1:00 p,m, 2, The Cumbcrland County Sherill's Department served the defendant with a certilied copy of the Tcmporary Protcction Order and Pctition for Protection Order by mailing it to him at his residcnce at 2SIIJ Wymont Park Road, Worton, Kent County, Maryland 21678, by certified mail on January 24, 1997, The defendant signed the return receipt on January 27, 1997, and the Return Receipt was mailed back to the Cumberland County Sheriff's Deparment. J, The defendant indicated to Lcgal Services, Inc, on January JI, 1997, that he desired Icgal representation in this mattcr and requestcd that the hearing be rescheduled to afford him timc to retain counsel. 4, The plaintiff requests that the hearing be continued pending further Order in this matter. 5, The plair-till' rcqucsts that the Temporary Protection Order remain in effect for a period of one year or until further Order of Court, 6, Certified eopies of the Order for Continuance will be delivered to the Camp Hill and Hampden Township Police Departments by the attorney for the plaintiff. lii-f. j,t-" .' ': , I: ;, ,. 'i I r I J"I'" /1 1.,1 " , : n ". "j , ., :1 :1" ,; ! r J ~ i .!I ~H \1/\ Ii ! II ~; 1-: r' T \/'/j:,!Y {\un ". , . \',:,'1::1' , , '.;' 1(.\ ;,'j !Il,' :1:.. l~ . '!'h,-;m,:,~' )"11 [,j., ,fl' 1 'l,t; t..,' . ~ i ':c:' I 1:.1. " f_~ II n Ii ;.'n L /,!: [, en!J;;. ... , \"'1.' r I.: : 1 '/;:11 ~ ~4. "'.I" l." "/ ,..:~ ..' . 1 , .-~ r ,i ~ r i '_.1 '" .;1.... '. "",:: ~11rl LJ:me,j II YL:l~ti\:J r, j ~'. l\ II ; Jf, :: 1 .Iilll"tlt- Jr;; ,f . ;". :-J t >-::.~, '.'.:'f" t 1 j 1." rol' ;,,;,.:;' "". !\f "'~<I d. ('[I l_tl';-- ---.l..;J~ d;:tj' ,:,1 " \; ..----..--. 1 '-/<:1-' --=-:-~. ~1 t '-It''I!;".), ,i"':', ;'1 1 ~ \ '~'y:.!:::Jr ~;i\RE h11,.\[' ,. '" I' :... 1 I ~..~, ---..----..------.---. ',r-, -. ~. ,.;.~;::'~t.::'.1 ._~(;py ''-'':' tl'~' U '. t j,:!~._-,., '-';' ':_'i)!;,'l /dJ[: C', ....1. .,1-1 (,:li1MLINWr.:..\! I:i '.~ n __ :. _~~ ~;!~J: ~ i ' .' _.li.-:_ H !'_Ji~~-' ~~ _~ _I:~t~ It'. ,., ,. , r,i'" :1f\' i,l,rn;-.!", r' . .. ; , , , r i i-:~, .;'.C'.:- 1 t' t ''o'I,i '..;j,' 1 ~, ! '-'i " " :l':J I",' fit. I, I., UL;:; TO I.!r! Ii:;' l : L~.. ..1; /.: ',.;1 ::i !. ..':;_'U :,i. U>[.;' '.::" ';"1. ,', /'";> ,,;f;> ;/-~~_(~: ~;:;r~'~~:~('~~';_'_';-7"_'_ <i" ,'_,. , . ',.-. j, !' r '.1' .' '" " .E4<l., '11, :(:~ /..) ! ..t.:(w~ I~ kx.CI... ~cu.ru-~Q.,,~ I~ l~k.- 0L" .~k... r~'- '-j:. " ( '- Itl_d_~ r. vi,., I, \.s-.. \'-..~ . " ~ \ \ ~rl '-.. r\ ::::t c::I ) J L~ = I ~""1 :- A\~ L:" ~..::t ~ l' ~ } .1 S c:::: .Jl :r II" :r C r'l m m :r c.. o ~= M ::J'C 0 ffi! ~~ mill fl.,!!! ::! ciS" ::J!"~ (,,)t-"?:- u._~C:! 001::" '~Gl1l~ ~gU~~ o 'C (,,) cu (,,) , I i I i I I "~".~....:;..,..,',,, ." ". ... '.- ." .. ,iii . . .. ~ i. OFFICE OF THE DISTRICT ATTORNEY of CUMBERLAND COUNTY ONE COU~HOUSE 'sQUARE CARLISLE. PENNSYLVANIA 17013 . . . .~',.~_ _.,"_-.,"c"....~"..<.l.~,.'..;.-"'. ...," . MAR 0 7 1997 y" ~ m ,..~" ~....''''~il11.'"'''''.''''. I:;"J:. "" ~,,' ..i';ji._~~J..~~:i~, . "";J.,i.U(:/""{'" ,-".',..~~,...-_......,....,..".~_._,_.,--_. CRIMINAl COMPLAINT -:rv,.,:{J/J;/.(NUMBER _ I (PRIVAlE) lXlRT (f exJ.t.m PlEAS (f o.MlEIllMll ro.MY INDIRECT CRIMINAL CONTEMPT A 59317 "..., om' I' '. ;\)/~~/: " " ~ I, &,1(''''/1 JnJl K;..i..v ( Namt oj iJl;unl) COMMONWEALTH OF PENNSYLVANIA OEFENOANT, VS, NAME f<ic/'a.-d~, ~1-dcY. AND I.) + PoA. {?d AOORESS 61.:;,-//3 v 1,,1<Y1 WaY' {-..."", /lid. tXI{P 7S.... lXIl:~iPl.3S" (?~) 55 *: tf).ol( - 30' 17a(P or ( Idtnt(/J dtpamntnl "r ugin,,' ttpmtnltJ tJlld poJiliC'tlt illbJil'iJiml) do hereby state: (I) !XI t accuse the above named derendant, who lives at the address set rorth above or, o I accuse an individual whose name is unknown to me but who is described as j f ~ ~ is ~ o his nickname or popular designation is unknown to me and, thererore, I have designated him herein as John Doe: with violating the pen at taws or the Commonwealth or Pennsylvania at I'Qnw:' /uU'.hIM>;, "'.. ~""& u.",~ _ (PfQ(t. Political SubJiviJl(ln) in lc-'1 County on or about C Participants were (iftht" wttr partlcipanls, piau tht/fnames htlt, rtpt/Jling fhtnamto! tlbortdt/rndanl): The acts committed by the accused were: 0 DID VIClAlE A PROlECTIrn FRCM IlJlUSE <RIlR M1ID: t/:l r; r 7 AT !XXl<ET NlMlER: tj 7 - '117 IN lW\T 1HE IIFENlWIT DID 1HE FalGIING JlCTS I~ _ /- 'rP;~:,:""1 d {(l/(, + wod... - ~ee a.f/_.A~d o~. If VIClATIrn (f 1HE <RIlR: {!,,,,/Ic tnt!. rc'f'" -v.o. A(....l. ,{'/L~e. _ ~~-II.:(t ...,...."...;2. Sm- V. - fa/1t..d f1U'- (1- (111 ~ ,;it.be~ p~ 4-r /7'-A- :l.il,. Q.h: /cI~ VJJ..,.".. At!. dct -tA,,.... 1)1..-+ -11<,- ~It f ~cY'L 4YI D",r tzll//i./us#''( : ~ >:-nf ,.,,;)C.".;. 10 ~'- ()., I d.r d Srnv<fl'D- f{) sr -J b krc- /.. !.A.J -tell ,,,c.. ;.~ lIt" T-"'^. ~'d"of JI\..Q..~ TA"~ -1/.4/1 /.. -tkf"r J.; ;f~ """c1 As- J L,':' i t-1(/y\.1:c! 1. &1,.c:vo.+ dc.~L ~"f;, ;f,'(~ , ft.:''''' o-{ ,.{,~ I. l;; P <:i,,(~ I .,;,,--rt. ",1 """ V("'Y 1:.1.1.1>'1 ~ {In('td..{;.,'i':! {ol"""{<" ,'S el(/ ve,y Llr~ ''(f 1160 (C{clV<cI .a. (dY'J~ M'd 3/1'1'(;;r;. f11'':rV'r;J.{)f!....\J). all or which were against the peace and dignity or the Commonwealth or Pennsylvania and contrary to the Act or Assembly, or in violation or and!i'1jj,. F~ or the Act or: ,---..--..---...---..--- _m______ (Stcllon) (Sub. s<<lfon) or the I' Ordinance or (Pallt/tol Sub. dMslon) I ask that a warrant or arrest or a summons be issued and that the accused be required to answer the charges I have made. (4) I veriry that the racts set rorth in this complaint are true and correct to the best or my knowledge or inrormation and belief. This verification is made subject to the penalties or Section 4904 or the Crimes Code (18 Pa. C. S, ~ 4904) relating to unsworn ralsification to authorities, e::l-/ q At - c:~,-.;", ,:2'> U/(o(' -3 ,19~ AND NOW, on this dale , 19 _, I certiry the complaint has been properly completed and verified, and thai there is probable cause ror issuance or process, (SEAL) (M'I.~l\tj'I/iJl/)l\lr/lI' (Inull/xAIII/win') A('lPC 411-111, BEVERLY ANN KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 97- ~ Jl CIVIL TERM RICHARD EUGENE KEISTER, Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECfION ORDER AND NOW, this~f January, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Beverly Ann Keister, now residing at 102 I , Kent Drive, Mcchanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Richard Eugene Keister, the following Temporary Order is entered , The defendant, Richard Eugene Keister, (SSN: 204-30-7736)(DOB: 8/26/40), now residing at 25113 Wymont Park Road, Worton, Kent County, Maryland, is hereby enjoined from physically abusing the plaintiff, Beverly Ann Keister, or from placing her in fear of abuse, The defendant is ordered to stay away from the plaintiffs residence located at 102 I Kent Drive, Mcchanicsburg, Cumberland County, Pennsylvania, 10 which the plaintiff moved to avoid abuse, which is not owned or leased by the defendant, and is ordered to slay away frorn any residence the plaintiff may in the future establish for herself. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives, The defendant is enjoined from entering the plaintiff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property . ' owned jointly by the parties or owned by the plaintiff. A violation of this Order may subjeet the defendant to: i) arrest under 23 Pa,C.S. ~61l3; ii) a private criminal complaint under 23 Pa.e.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa,C.S, ~6114, punisllllble by imprisonmcnt up to six months and a line of SIOO.OO-SI,OOO.OOj llnd iv) civil contempt under 23 Pll,C.S, ~61l4.1. 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 the defcndant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintifI A HEARING SHALL BE HELD ON THIS MAlTER ON~, 1997, AT I: '0 P.M., IN COURTROOM NO...d..., OF TOE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing, The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedurc. 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 the defendant by mail. The Hampden Township and Camp Hill Police Departments 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 oceurs by arrest for indirect crirninal 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 defendant shall be takcn without unnecessary delay before the court that issued the , f l. r I I I ! i BEVERLY' ANN KEISTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 97- CIVIL TERM RICHARD EUGENE KEISTER, Defendant : 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 you, 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 plaintiff. You may lose money or property or other rights important to you, FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 wi\1 be assessed against you, You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff, You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the offiee set forth below to find out where you an get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTIIOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITII DISABILITIES ACT OF 1990 The Court of Common Picas 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, BEVERLY ANN KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA v, : NO, 97- 'I / '/ CIVil.. TERM RICHARD EUGENE KEISTER, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECI10N ORDER RELIEF UNDER THE PROTECfION FROM ABUSE ACf, 23 Pa.C.S. fi6101 et seq. A. ABUSE I. The plaintiff, Beverly Ann Keister, is an adult individual residing at 1021 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2, The defendant, Riehard Eugene Keister, (SSN: 204-30-7736)(008: 8126140), is an adult individual residing at 25\13 Wymont Park Road, Worton, Kent County, Maryland 21678, 3. The defendant is the husband of the plaintiff. .' " 4. Since approximately July, 1996, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has sexually assaulted the plaintiff; has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward tbe p1aintift"undcr circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances ofabuse: a) On or about January I, 1997, when the plaintiff refused to have intercOurse:";'; .)l.. ::'::;~.g",:>{'~; with the defendant and tried to get out of bed, the defendant became anirflt,':'." ,;~' '.,; :., '.: .. ,......;.,....,; grabbed her by her arms knowing that she suffers frorn carpal tunnel syndrome and'" tendonitis, and shoved her backward causing her to fall to the floor and hit the closet door. The defendant grabbed the plaintiff by her band, pulled her forcefully' ,. "'-'-' -~. .--....-.....:. .. .~~,t;;;:':.~-_~ ~' ;::f{d~:_:.;~': <." causing her to hit the dresser, threw her onto the bed, and straddled her about her her thighs and lower legs pinning her down, The plaintiff sustained bruising about her arms and legs, swelling about her hands, and soreness about her shoulder as a result of this incident. b) On or about July 22, 1996, the defendant repcatedly slapped the plaintiff in the face, first with one hand and then the other, grabbed her b:' the hair and pulled her about, punched her about her arm, and grabbed and twisted the plaintitrs arms and hands, The plaintiff sustained bruising about her arms, swelling about her arms, hands, and face, and soreness about her head, face, hands and arms as a result of this incident. c) On or about July II, 1996, the defendant grabbed the plaintiff by her arms, threw her about, slapped her in the face repeatedly, kicked her in the stomach, shoved her off of the bed, and onto the floor causing her to hit the wall, dragged her back onto the bed and forced her to have intercourse with hirn against her will. The plaintiff sustained bruising about her arms, swelling about her hands, and .;' soreness about her arms and hands as a result of this incident. d) In or about 1995, the defendant pushed and shoved the plaintiff about, and threw a porcelain platter at her resulting in broken pieces of the platter hitting her leg, The plaintiff sustained a laceration approximately four (4) inches long on her leg and which resulted in scarring as a result of this incident. e) In or about 1993, when the plaintiff tried to telephone the police for help during an incident, the defendant wound the telephone cord around her neck and choked her, The plaintiff's mother intervened enabling the pliantjff to get away and contact the police for help. f) Since the parties' marriage in 1988, the defendant has abused the plaintiff in ways including, but not limited to, pushing, slapping, shoving, kicking, punching, choking, grabbing her by her arms, hands, and hair, twisting her arms and hands, throwing her about, and forcing her to have intercourse against her will several times each week, In addition, the defendant has regularly intimidated the plaintiff by raising his fists to hrr and restraining her. The plaintiff has sustained several bruised and swollen eyes as a result of the defendant striking her about her face, The plaintiff had a Protection Order against the defendant through York County in 1989-90, and another in Maryland in 1993-94, The defendant's history of abuse exacerbates the plaintiff's fear, 5, On or about January 7, 1997, the plaintiff left her residence at 25113 Wymont Park Road, Worton, Kent County, Maryland, in order to avoid further abuse, 6, The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse, 7. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, 8, The plaintiff desires that the defendant be enjoined frorn harassing and stalking the plaintiff, and from harassing her relatives. 9, The plaintiff desires that the defendant be restrained from entering her place of employment, 10. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. , , , 1 i l I I B. EXCLUSIVE POSSESSION II. The home from which the plaintiff is asking the Court to order the defendant to stay away from is owned in the names of her daughter and son-in-law, Kathie and Ken Dum, and the defendant has never resided there. C. SUPPORT 12, The defendant has a duty :0 support the plaintiff, 13. The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage, and payment ofunreimbursed medical expenses for herself. 14. The defendant receives Worker's Compensation payments of approximately $475 monthly, Social Security Disability payments of approximately $1,200 monthly, and approximately S500 monthly from his retirement pension. 15, The plaintifrs income is insufficient to provide for her minimal needs until such time as a support order can be obtained by filing at the Domestic Relations Office, 16. The plaintiff intends to petition for support within two weeks of the issuance ofa protection order. D. LOSSES AND REIMBURSEMENT FOR COST OF CASE 17. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached, 18. Ordering the defendant to pay S2S0.00 to Cumberland County, one of Lega1 Services, Inc.'s funding sources, in lieu of attorneys' fees, as reimbursement for the cost of litigating this case and assessing the $25,00 surcharge and court costs to the defendant if the case goes to hearing. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7,1976,23 P.S, ~6101 et ~., as amended, the plaintiff prays thi~ Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1, Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse; 2. Ordering thc defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written commufI;cations; 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives; 4, Prohibiting the defendant from entering the plaintiff's place of employment; 5. Prohibiting the defendant frorn removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff, and 6, Ordering the defendant to stay away from the plaintifl's residence located at 1021 Kent Drive, Mechaniesburg, Cumberland County, Pennsylvania, which the parties have never shared, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act, II and, after such hearing, enter an order to be in effect for a period of one year: I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse, 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. . ' 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4, Prohibiting the defendant from entering the plaintiff's place of employment. 5, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 1021 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, which the parties have never shared, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 7, Granting support to the plaintiff in the amount ofSIOO.OO per week payable to the plaintiff in the form of a check or money order, mailed to her residence; ordering the defendant to provide health coverage to the plaintiff, and ordering the defendant to pay all of the unreimbursed medical expenses of the plaintiff to the provider or to the plaintiff when she has paid for the medical treatment. 8. Ordering the defendant to reimburse the plaintiffs out-of-pocket losses suffered as a result of the abuse including, but not limited to, the losses listed on the attached sheet marked Exhibit A. 9. Ordering the defendant to pay S2S0,OO to Cumberland County, one of Legal Services, 1nc.'s funding sources, in lieu of attorneys' fees, as reimbursement for the cost of litigating this case and assessing the $25.00 surcharge and court costs to the defendant if the case goes to hearing. ., . The plaintiff further asks that this Petition bc filed and served without payment of fees and costs by the plaintiff, pending a further ordcr at the hearing, and that certificd copies of this Petition and Order be delivered to the Camp Hill and Hampden Township Police Departmcnts and any other appropriate police departments which have jurisdiction to enforce this Order, The plaintiff prays for such other relief as may be just and propcr. Rcspectfully submittcd, LEGAL SERVICES, INC. 8 Irvinc Row Carlisle, PA 17013 (717) 243-9400 . ,. . . .' . . ,. . BEVERLY ANN KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 97-417 CIVIL TERM RICHARD EUGENE KEISTER, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE . \> '/ AND NOW, thiS.u1 of February, 1997, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on January 31, 1997, by this Court's Order of January 24, 1997, is hereby rescheduled for hearing on April 2, 1997, at 1:30 p.m. in Courtroom No. I. The Temporary Protection Order shall remain in effect for a period of one year or until further Order of Court Certified copies of this Order for Continuance will be provided to the Camp Hill and Hampden Township Police Departments by tbe plaintiff's attorney, By the Court, \\~\ (\0\ f=- .\l/ Harold E. Sheely, PreSIdent Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff . ~< dol ,~I'l'1, ~~ ~,~ Richard Eugene Keister, Defendant 25113 Wymont Park Road Worton, MD 21678 I I I I " 'to BEVERLY ANN KEISTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA RICHARD EUGENE KEISTER, Defcndant : NO, 97-417 CIVIL TERM : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, Bcverly Ann Keister, 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: I. A Temporary Protection Order was issued by this Court on January 24, 1997, scheduling a hearing for January 31, 1997, at 1:00 p.m, 2, The Cumberland County Sheriffs Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order by mailing it to him at his residence at 25113 Wymont Park Road, Worton, Kent County, Maryland 21678, by certified mail on January 24, 1997, The defendant signed the return receipt on January 27, 1997, and the Return Receipt was mailed back to the Cumberland County Sheriff's Deparmenl. 3, The defendant indicated to Legal Services, Inc, on January 31, 1997, that he desired legal representation in this matter and requested that the hearing be rescheduled to afford him time to rctain counsel. 4, The plaintiff requests thaI the hearing be continued pending further Order in this I matter. S. The plaintiff requests thai the Temporary Protection Order remain in effect for a period of one year or until further Order of Court, 6, Certified copies of the Order for Continuance will be delivered to the Camp Hill and Hampden TowllshipPolice Departments by the attorney for the plaintiff. , '- (\/ r,; .:.! i' ;:~.-: r - Lt.1 ~ (J. fA':: 1..:.. ,. h._ . j C' " ~ (~) . ~1 (,"'. .- , Lt,. ~-'J' r:. : " lL: ," j I,. .... U C" ,)