Loading...
HomeMy WebLinkAbout97-00541 A viollllion of Ihis Order mllY snhj,'cl Ih,' del','ndllnl 10: i) lIrresl nnder 23 l'lI.C.S. ~6113; ii) II JlrivlIle criminlll comJllllinl nmler 23 l'II,C.S. ~(,I 13.1; iii) II chllr~e of indirecI criminlll conlemJllnnder 23 1'1I.C.S. ~(,J 14. 11IInishllhl,' hy imJlrisonmenl nJllo six monlhs IInd II line 0l'$I011.00-$I,llllll.1l1l; and iv) ch'i1 cllnlcmJllnndcr 23 l'II,C.S. ~6114.t. This Ordcr shall rcmain in cllect until modilicd or tcrminated by thc Court and can bc extended bcyond its original expiration date if the Courtlilllls that the defendant has eommilled an act of abuse or has cngagcd in a pallern or practice that indicates risk of harll1tothe plaintill'. Temporary custody of Kurt Daniel Stover, Timily Erin Stover, and Paige Marie Stovcr, is hereby awarded to the phlinlitl: Kimbcrly Ann Stover 'f"--. A IIEARING SIIALL Ilt: II ELI) ON TillS I\1A'nER ON JlEIlRUAW,' 12-. 1997, AT /tJ.'CO oft.M.. IN COURTROOM NO. -.S......, 01' TilE ClJMIlERLANI> COUNTY COlJRTIIOllSE, CARLISLE, I'ENNSYLVANIA. The plaintitl'may proceed without pre-payment of fecs pcnding a fitrther order aller the hearing. The Cumberland County Sheri II's Departmcnt shall allempt to make ser\'lce at the plaintiffs request and without pre-paymcnt of lecs, but service may be accomplished under any applicable mle of Civil Procedure This Order shall be docketed in the ollice of the Prothonotary and Ihrwarded to the SherifI' for service. The Prothonotary shall not send a copy of this Order tothe defendant by mail. The Camp Ililland New Cumberland Police Departments shall be provided with certilicd copies of this Order by the plaintill's allorney This Order shall be enfbrced by any law enfilrcell1elll agency where a violation occurs by arrest lilr indirect criminal contempt without warrant upon probable cause that this Ordcr has bcen violated, whcther or not the violation is COll1milled in thc presence of the police ollicer. In the event that an arrcst is madc, under this scction, the defendant shall be takcn without unncccssary delay belilre the court that issued the he wished the glass had l10wn in her eyes. The defendant hecame angry when the plaintiff told him that she had tiled criminal charges against him and threatened her saying, "You have to he ahle 10 he in court to testily" When the plaint ill' asked the delendant if he was threatening her, he said, "You heard me." The plaintill. fears that the delendant intends to harm her so she will not testify against him. h) On or ahout January I'l, 1')1)7, the dclendant, who had heen drinking, tried to pnllthe parties' .I-year old daughter, Paige, from the plaintill's arms causing the plaintill- and child to 11I1I hack ward onto the couch causing the delendant lell the house slamming the door, and then threw a chair Iromthe porch through the living room window where the plaintill' and the child sat on the couch, and lell The child's loot to he eut hy shattering glass. The plainlifr telephoned 911 lor help. The Camp IlillPolice responded, and the plaintilr tiled criminal charges against the delendantthe Ii.Jllowing day. c) In or ahout late October, "ll)(" the defendant shoved and pushed the plainlill' about causing her to filII against the refrigerator, ripped the telephone cord from the wall, and threw the telephone hreaking it d) In or about mid-October, 1996, the dclcndanl threatened the plaintill' saying, "l'lIlueking kill you" The plaintill'lcared fi.Jr her safety. e) Since the parties' marriage in 19117, the defendant has abused the plaintill' in ways ineluding, hut not limited to, pushing, shoving, grahhing her arms, hreasts, pulling her hair, and lilrcing her to have intercourse with him against her will. In addition, the defendant has intimidated the plaintill' hy punching holes in walls, hreaking doors and mirrors, and throwing any household ohjects in his path when he was angl)'. 5. The plaintiff believes mill therelllre avers that she is in inullediale and present danger of abuse from the defendant and that she is in need ofprolection Ihun such abnse 6. The plaintilf desires thai the delendant he prohibited Ii"mll having any direct or indirect contact with the plaintilf including, but not limited to, telephone and wrillen conununications. 7. The plaintilf desires lhalthe defendant he enjoined Ii"mll harnssing and stalking the plainlin: and from harassing her relatives, or Ihe minor children 8. The plaintiff desires thai the defemlanl be restrained Ii"om entering her place of employment or the schools or day care lacilily the minor children. 9. The plaintilf desires that the dclendant he enjoined fhull removing, damaging, destroying or selling any property owned joinlly by the parties or owned by the plaintill'. 8. EXCLUSIVE I'OSSESSION 10. The home at 151) Markel Street, Camp Ilill, from which the plaintilf is asking the Court to order the defendant to stay away Ii"om is rented in the name of Kimberly Ann Stover. The defendant resides with his girllriend and her children at 2100 Greenwood Street in Ilarrisburg. C. LOSSES ANI) REIMIJIJRSEJ\1ENT FOR COST OF CAS.~ II. The plaintiff has sum~red losses as a resuh of the abuse by the defendant The losses are listed on Exhibit ^ all ached 12 Ordering the defendant to pay $250.00 to Cumberland County, one of Legal Services, Inc's limding sources, in lieu of allorneys' Ices, as reimbursement lor the cost of litigating this case and assessing the $2)00 surcharge and court costs to the defendant if the case goes to hearing. The plaintil1' currently resides with the lilllowing persons NlImr Kurt Daniel Stover Timily Erin Stovcr Paige Marie Stover Ilrllltionshhl her son her daughter her daughter The delendant. the lather of the children. is Kurt Michael Dickhart. currently residing at 2100 Greenwood Street. lIarrisburg, Dauphin County. Pennsylvania lie is married. The delendant currently resides with the tilllowing persons NlImr Rrllltionship Lynelle James his girltriend Ms. Jamcs' .1 children (names unknown to the plaintil1) 14. The plaintilrhas not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court 1 S. The plaintitr has no knowledgc of any custody proceedings concernmg these children pending before a court in this or any other jurisdiction 16 The plaintitr docs not know of any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children 17. The best interests and permanent weltilre of the minor children will be met if custody is temporarily granted to the plaintilr pcnding a hearing in this mailer lilf reasons including a. The plaintitr is a responsiblc parent who can best take care of the minor children and who has provided lilr the ell1otional and physical needs of the children since their births h T1:e delendallt has shown by his ahuse of the plaintil1'that he is not an appropriate role model IiII' the minor children c The delclulant's behavior has adversely allccted Ihe children. WIIEREFORE, pursualllto Ihe provisions oflhe "Protectionlhlln Abuse Acl" of October 7, 197Cl,23 P.S. ~6101 el seq., as amended, the plainlifrprays Ihis Ilonomble Court 10 granlthe Ihllowing relief A. Grunt a Temporary Order pursuant to the "Protectionlrom Abuse Acl:" I. Ordering the defcndant 10 relhlin from abusing Ihe plaintill' or Irom placing her in fear of abuse; 2. Ordering Ihe defcndanl to refrain from having any direct or indirect contacl wilh Ihe plainlill' including, bUI not limited 10, telephone and wrillen communicalions; 3. Ordering the delcndanl to relrain from harassing and stalking the plainlilf and Irom harassing her relalives and Ihe minor children; 4. Prohibiting the defcndant from entering the plaintill's place of employment or tbe schools or day care lacility oflhe minor children; 5. Prohibiting the defcndant Irom removing, damaging, destroying or selling property jointly owned by the parties or owned by the plainliff; 6. Ordering the defcndant to stay away from the plaintill's residence located at 1513 Market Street. ('amp Hill, Cumberland County, Pennsylvania, and ordering the defcndalll to stay away from any residence the plaintilrmay in the liHure eSlablish Illr herself: and 7 Grallling temporary cuslody of the minor children 10 the plaintiff B. Schedule a hearing in accordance wilb the provisions of Ihe "Prolection from Abuse Act," and, aller such hearing, enter an order 10 be in ellcct IIJr a period of one year: I. Ordering the delcndant to rclr-tin Irom abusing Ihe plllinlilr or Irom placing her in fCllr of lIbuse 2. Ordering the delcndllnt to relrllin Ihllll hllving lIny direcl or indirect contllct with Ihe plllinlill' including, but not limited to, telephone lInd written communiclltions, except tin the limited purpose of lacilitllting custody lIrrangcments 3, Ordering the dcfcndllnt III rclrllin Irom hllrllssing lInd stlllking the plllintilr lInd IrUln hllrassing her rcllltives lInd Ihe minor children. 4. Prohibiting Ihe dclcndal1l Irom entering the plllinlill's plllce of employment or the schools or dllY cllre lilCilily oflhe minor children. 5. Prohibiting Ihe delcndllnt Irom removing, dllmllging, deslroying or selling property jointly owned by the Pllrties or owned by Ihe plllintill~ 6. Ordering Ihe delcndllnt to stllY lIWlIY Irom the plllinlill's residence located at 1513 MlIrkel Street, ClImp Ifill, Cumberland County. Pennsylvllnill, lInd ordering the dclcndllnl 10 stay lIWlIY Irol1l any residence the plllintifr mllY in the luture estllblish IIII' herself. 7. Ordering the delcndllntlo PllY $25ll.00 10 Cumberlllnd County. one of Legal Services, Inc's timding sources. in lieu of attorneys' fces, as reimbursement Illr the cosl of liligating this case and lIssessing the $25.00 surchllrge lInd court costs to the delcndllnt if the case goes to hellring The plaintill"lurther lIsks thllt Ihis Pel it ion be liIed lInd served wilhout pllyment of fces and costs by the plllintill: pending 1I lurther order 1I1 Ihe hearing, lInd thllt certilied copies of this Petilion lInd Order be delivered to the ClIl1Ipllillllnd New Cumberlllnd Police Depllrtments and lIny other appropriate police depllrtments which have jurisdiction to enforce this Order. , The plaint ill' prays Ibr such other relief as may he just and propcr {,Oil NT II CIISTOny IINlmR I'ENNSYLVANIA ClISTOUY LAW Ill. The allegations olTount I ahove arc incorporated herein as if lillly set limh. 19. The hest interest and permanent wellin e of the minor children will he served by conlirming custody in the plaintill"as set forth in Paragraph 17 oflhe I'etition WIIEREFORE, pursuanlto 2J I' S * 510 I et se'l. and other applicable mles and law, the plaintil1'prays this lIonomble ('ourtto award custody of the minor child/ren to her The plaintil1'prays I(.)r sueh other relief as lllay he just and proper Respectlillly suhmitled, ,1 (" __ '., ~ ./....-1.. ."_-' (tC)(I..c-" -.T.------u........-.~ -..___m.._.'__,_ -_.._..~---- Joan Carey, Atlorney Ii,.. lainlilT U:GAL SERVICES. INC. lllrvine Row Carlisle, I' A 17011 (717) 241-9400 KIMBERLY ANN STOVER Plainlill' IN TIlE COlJRT OF COMMON PLEAS OF ClJI\IBERLAND COIINTY, PENNSYLVANIA v NO 97- (,(VII. TERM KURT MICI IAEL DICKIIAln, Defendant PROTECTION FROM ABUSE AND CUSTODY OIJT.OF-I'OCKET LOSSES The plaintilr requests that the delcndant reimburse her out-ol:pocket losses, including but nlltlimited to the lillluwing Any and all expenses involved in the repair and/or replacement of pfnperty damaged and/or destroyed by the defendant as a result of the incident on or about January 19, 11)'>7. $16000 EX II III IT A t~ KIMBERLY ANN STOVER Plainlill' IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. KURT MICIIAEL DICKllAln, Dcfendant NO. 97-541 CIVil. TERM PROTECTION FROM ABUSE AND CUSTODY OIUlER FOR CONTINIIANn: AND NOW, this' ~~Of February, 1997, upon consideration of Ihe attached MOlion for Continuance, thc matter schedulcd Ibr hcaring on February 10, 1997, at 10:00 a.m., by this Court's Ordcr of January 31, 1997, is hereby n'scheduled for hellriug ou February 28, 1997, at 3:00 p.m. in Courtroom No.5 of the Cumberlllnd County Courthouse. The Tcmporary Protection Order shall remain in effecl for a period of one year or until further Ordcr of Court. Certilicd copics of this Order fl,r Continuancc shall be provided 10 Ihe Camp Ifill and Ncw Cumbcrland Policc Department by the plaintiO's allorncy. By the ('ourt, ~ JurJl"20LL_ Vwcsley Oler. Jr.. dge Joan Carey LEGAL SERVIO:S, INC. Attorney lor Plainlill' Kurt Michael Dick hart 2100 Grecnwood Strcet Harrisburg, P A 17104 V;~\ ,"j!\'AS':.,l:3d ,!.,,-,".... C' ',-" ")'"''''n'' .'\ =' I .\.! _" . '; I ;:::/:'1\ \J S'I:II WJ ~ 1633 Lb 'L'~I-' .,' . . il .',', ,'\C.;,J.IJ"v,. ,..oJ.....] ~.' .._'oJ 3:Jtl~o-aJl::J :--- In '>- u.; l'~ ,- ,..~ " 1J..l~? a; :;~~!: u': $" ~; 0::, .L...;. "'-= " T- ...., ~:~ ,', . f2L (? .,.'; .., ~'.. - - .', -J .~;'. a;l', Il:l "-I:.:; ., L...: ..... '11', LL; ..,::..... & ,... Cj CI'l KIMBERL Y ANN STOVER Plainlill' IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-541 ('(VIL TERM KURT MICHAEL D1CKHART, Dcfcndant PROTECTION FROM ABUSE AND CUSTODY PROTECTION flRDER AND NOW, this 2.ktday of -.1Vl ZJ l..l, , 1997, upon considcration of thc Consent Agreemcnt ofthc partics, thc following Order is entcrcd: I. Thc dcfcndant, Kurt Michael Dickhart. is cnjoincd from physically abusing thc plaintiff, Kimbcrly Ann Stover, or from placing hcr in fcar of abusc. 2. Thc dcfcndant is cnjoincd from having any dircct or indirect contact with the plaintiff ineluding, but not limited to, tclcphone and writtcn communications, cxcept for the limited purpose offacilitating custody arrangemcnts at which timcs hc shall remain in his vehicle. 3. The defendant is ordcrcd to rcfrain from harassing and stalking the plaintiff and from harassing her relatives and the minor children. 4. The dcfendant is prohibited from entcring the plaintiffs placc of cmployment and the schools ofthc childrcn and day care facility of the minor children. 5. The defendant is prohibitcd from rcmoving, damaging, dcstroying or sclling any property owned by thc plaintiff or jointly owned by thc partics. 6. Thc dcfendant is ordcrcd to stay away from thc plaintifl's rcsidcncc located at 1513 Markct Strcct, Camp Hill, Cumbcrland County, Pcnnsylvania, cxccpt for thc limitcd purposc of transferring custody at which times the defendant shall remain in his vchicle, and is ordercd to stay away from any residcnce thc plaintiff may in the future establish for herself. except for the limited purpose of transferring custody at which times the defendant shall remain in his vehicle. the defendant from acquiring or possessing any weapons for the duration of the Order. 7. The dclcndant shall repair and/or replace, to the plaintifl's satisfaction, damage and destruction he caused to her property during the abuse incident on or about January 19, 1997. as listed on tbe attached Exhibit A. The plaintill' lIgrees thai the delcndant may make the repairs himself in lieu of paying thc cost of $160.00 (an cstimate givcn by a profcssional tradesperson to repair and/or replace the damaged propcrty) if the delcndant makcs the repairs within scven (7) calendar days of the cntry of the Protection Order. Thc parties shall schedule a mutually agrecd upon date and time for thc repairs to be done, and thc plaintiff shall notifY the Camp Hill Policc Department in advancc that the delcndant shall be at hcr residence lor the limited purpose of making the repairs. If the defendant fails to make the rcpairs within seven days ofthc entry of the Order, he shall reimburse the plaintifl's out-of-pockct losses of $160.00 to have the repairs done by a professional tradesperson. and he shall reimburse the plaintiff the total amount of losses within 30 days of the entry of the Order. An award undcr this chapter shall not constitute a bar to litigation for civil damages for injuries sustained from thc acts of abuse giving risc to the award or a finding of contempt under this chapter. 8. Court costs and Ices arc waived. 9. This Order shall remain in eflcct for a period of one ( I) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practicc that indicates risk of harm to the plaintiff. This Order shall be enlorceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 10. This Order may subjcct the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a privatc criminal complaint under 23 Pa.C.S. ~6ll3 L iii) a charge of indirect criminal contempt under 23 PaC.S ~6114. punishable by imprisonment up to six months and a fine of $100.00- $1,000.00; and iv) civil contempt under 23 PaC'S. ~6114.1. lor the limited purpose of translerring custody at which timcs he will remain in his vehicle at the curb. 7. Thc defendant agrees to repair and/or replace, to thc plaintilrs satisfilction, damage and destruclion he eaused to her properly during the abuse incident on or ilbout January 19, 1997, as listed on the attached Exhibit A The plilintil1' ilgrees that the delcndant may make the rcpairs himself in lieu of paying the cost of $160.00 (an estimilte given by a profcssional tradesperson to repair and/or replace thc damaged property) if the delcndant makes the repairs within seven (7) calendar days of the entry of the Protection Order. The parties will schedule a mutually agreed upon date and time lor the rcpairs to be done. and the plaintifl' will notily the Camp Hill Police Departmcnt in advance that the delcndant will be at her residencc for the Iimitcd purpose of making the repairs. If the delendantlails to make the repairs within sevcn days of the entry of the Order, he agrees to reimburse thc plaintifl's out-of:pocketlosscs 01'$160.00 to have the repairs done by a prolcssional tradesperson, and agrecs to reimburse the plaintifl' the total amount oflosscs within 30 days of the entry of the Protcclion Order. 8. The dclcndant, although entcring into this Agrcemenl, docs not admit the allegations made in the Petition. 9. The defendant understands that thc Protection Order entercd in this mailer will be in effect for a period of onc ( I) year and can bc extended bcyond that time if the Court finds that the delcndant has commil\cd an act of abuse or has cngagcd in a pattern or practice that indicates risk of harm to the plaintill'. Thc defendant understands that this Order will be enforceable in the same manncr as the Court's prior Temporary Protcction Order entered in this casc. 10. Violatiun of the Protection Order may subject the detcndantto: i) arrest under 23 l'aC.S. ~6113; ii) a private criminal complainlunder 23 PaCS ~6ll3.1; iii) a charge of indirect criminal contemplundcr 23 Pile S ~6114, punishable by imprisonment up to six months and a line 01'$10000-$1,00000. and iv) civil contempt undcr 23 PaC S. ~61141. 11. The defcndunI and the pluinlil1' agree to the enlry of un Order providing lor the lollowing custody schedule lilr Iheir children, Kurt Duniel Stover, Timily Erin Stovcr, and Paige Marie Stover. a) The mothcr will have primary physicul and legal custody of the childrcn. b) The Hither will havc Jlurtial custody of the children on alternate weekcnds from Friduy at 4.10 pm until Sunday at 10:00 a.m., and on other datcs and times mutually agreed upon by the parties. c) The lather will provide transportation during periods of partial custody and will ensure that the children arc restrained in scat belts and/or child car scats whilc being transported d) The Huher will not use alcohol in excess during his periods of custody with the childrcn. c) The mother and fathcr agree thai each will notily the other of all medical care the children receive while in that parcnt's carc. Each parent will notily the other immediately of medical cmergencics which arise while the children arc in that parent's care. t) The parties realizc that Iheir children's well being is paramount to any diflcrcnces they might have betwcen themselves. Therefore, they agrce that neither party will do anything which may cst range the children from the othcr parent, or injure the opinion of the children as to the other parcnt or which may hamper the frcc and natural development of the children's love or respect lor the other parent.