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EDWARD RICIIARD KENNEDY, . IN TilE COURT OF COMMON Pl.EAS OF
Plaintill'
for himselfand on behalfofhis minor . CUMBERLAND COUNTY. PENNSYLVANIA
children. SIIEENA LORRAINE ISRAEL
and ALYSSA LORRAINE KENNEDY, . CIVIl. ACTION - LAW
v.
TINA LORRAINE KENNEDY
Defendant
. NO. 97-_ ,UO!/___ . CIVIL TERM
. PROTECTION FROM ABUSE
n:M PORARY PROTECTION ORDER
AND NOW, this 13~fMarch, 1997, upon presentation and consideration of1he within
Peti1ion. and upon finding thaI the plaintiff. Edward Richard Kennedy. and the minor children,
Sheena Lorraine Israel, now residing at 128 Woods Road, Newville, Cumberland County,
Pennsylvania. and Alyssa Lorraine Kennedy. whose cllrrent address is unknown to the plaintiff.
are in immediate and presen1 danger of abuse from the delendant. Tina Lorraine Kennedy, the
following Temporary Order is entered.
The defendant. Tina Lorraine Kennedy, (SSN. 170-58-7783)(DOIl 9/17/61), whose
current address is unknown to the plaintilT. is hereby enjoined Irom physically abusing the
plain1ill: Edward Richard Kennedy, or the minor children, Sheena Lorraine Israel and Alyssa
Lorraine Kennedy, or from placing them in Icar of abuse.
l"ke ~e.f"lldalll i~ \:hdudLd "UIII tht Rlarital nl[j..l,,"I'P loratpd !It 12g \'/vvd3 Ruad,
Newville. Cumhp.rl~nti r'nllnty PI~nnlj'ylm,"itl H re",irl(1'nr.1' whi~h i\: j"intly QWRed B) tin,; JJddil."":Ii~
and is orrlprp(I tQ lit!lY aU11Y Cram ~ny rt~f,:i"(lnl"" th,. pbintifTmay iR tf:le fWtYf0 eRt8Bli3h h.,1 1';1II01df
The defendant is ordercd to refrain Irom having any direct or indirect contact with the
plaintilT or the minor children including, but not limited to, telephone and written
communications
Thc defcndant is enjoined from harassing and stalking the plaintilT and Irom harassing his
relatives, or the minor children.
The defendant is enjoined Irom entering the plaintitl's place of employment and the
schools and day care facilities of the minor children.
The defendant is enjoined Irom removing, damaging. destroying or selling any property
owned jointly by the parties or owned by the plaintilf
A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S,
~6t 13; ii) a private criminal complaint under 23 Pa,C.S, !j6113.1; iii) II charge of indirect
criminal contempt under 23 Pa,C.S. !l6114, punishable by imprisonment up to six months
and a fine 01'$100.00-$1,000.00; and iv) civil contempt under 23 Pa,C.S, ~6114,I,
This Order shall remain in etlect until modi lied or temlinated by the Court and can be
extended beyond its original expiration date if the Court finds that the detendant has committed an
act of abuse or has engaged in a pattern or practice that indicates risk of hann to the plaintiff
and/or the minor children.
Temporary custody of Sheena Lorraine Israel and Alyssa Lorraine Kennedy, is hereby
awarded to the plaintiff, Edward Richard Kennedy.
The Ilefendunt, Tina I.lIrraine Kennell)', i.~ Imlerell tll return the partie.~' minllr child,
Aly.~.W1I.lIm/ine Kennelly, tll the cu.~tOlI)' IIf the plt/intiff The Sheriffs IJepl/rtment shall as.~i.~t
the plaintiff in retriel'ing the chiltl, if nece.~.mr)'.
A HEARING SHALL BE HELD ON TillS MATTER ON MARCH ,,-';If' ,1997,
AT .?; ~,I f .M., IN COlIRTROOM NO, S..... , OF THE CUMBERLAND
COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA,
The plaintiff may proceed without pre-payment of tees pending a further order aller the
hearing.
The Cumberland County Sherilfs Department shall attempt to make service at the
plaintift's request and without pre-payment of fees, but service may be accomplished under any
applicable rule of Civil Procedure.
EDWARD RICHARD KENNEDY, : IN THE COURT OF COMMON PLEAS OF
PlaintilT
for himself and on behalf of his minor : CUMBERLAND COUNTY, PENNSYL VANIA
children: SHEENA LORRAINE ISRAEL.,
and ALYSSA LORRAINE KENNEDY, : CIVIL ACTION _ LAW
v.
TINA LORRAINE KENNEDY
DefendanJ
: NO. 97-______ CIVIL TERM
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION ORDER
RELIEF UNDER TilE PROTECTION FROM ABUSE
ACT, 23 Pa,C.S. ~6101 et seq,
A, ABUSE
I. The plaintifT, Edward Richard Kennedy. is an adult individual residing at 128
Woods Road, Newville, Cumberland County, Pennsylvania 17241.
2. The defendant, Tina Lorraine Kennedy, (SSN: 170-58-7783)(D08: 9117/61), is an
adul1 individual whose current address is unknown to the plaintiff.
3. The defendant i~ 1he wife of the plaintilTand the mother of the minor children.
4. Since approximately 1994, the defendant has attempted to cause and has
inten1ionally, knowingly, or recklessly caused bodily injury to the minor children, has placed 1he
plain1iff and 1he minor children in reasonable fear of imminent serious bodily injury, and has
knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff and
the minor children under circumstances which have placed them in reasonable fear of bodily
injury. This has included, but is nOllimited to, 1he following specific instances of abuse:
a) On or about March 10, 1997, 1he defendant, Tina Lorraine Kennedy,
threatened to kill her 13-year-old daughter, Sheena.
b) On or about March 4, 1997, the defendant threatened Sheena, telling her
1hat she was going to cut her and her 7-year-old sister, Alyssa, up into pieces and
bury them in Ihe yard and lell people Ihat they had been kidnapped. When the
plaintiff confrontcd the defendant aller hearing her 1hreaten Sheena, 1he defendan1
1hrew three cans of food and a glass at the plaintill' and threatened the plaintiff by
raising a cookie jar over her head as if to throw il. Sheena was so traumatized by
the defendant's threat to cut her up that she went to her school guidance counselor
the following day and told him about the incidenl. The plaintilf fears for the
children's safety because of the plaintiffs unstable and irra1ional behavior.
c) On or about March 3, 1997. the defendant telephoned the plaintiff at their
home and threatened to blow off the heads of the plaintiff and the two minor
children. The plaintill'leared lor his safety and that of the minor children.
d) On or about March I, 1997, the defendant threw a bar stool at Sheena as
she went downstairs to the basemenl. The child dodged 1he chair to avoid being
struck.
e) In or about late February. 1997, the defendant 1hreatened to kill the
plaintiff, the two minor children, and herself
l) In or about late spring 1996, the defendant threw Alyssa against the wall,
punched her in the side, grabbed her by her arms, and shook her violently. When
1he plaintiff confronted the defendant about her abuse of the child, she screamed at
him and threw an object at him. Alyssa sustained bruising about her arms and
soreness abou1 her side as a result of this incidenl.
g) In or about November, 1994, the defendant grabbed Sheena by the shirt,
threw her to the floor. and slammed her head against the floor several times. The
girl sustained a laceration, swelling and soreness about her head as a result of this
incident.
h) Since approximately 1994. the defendant has abused the plaintiff and 1he
minor children in ways including, but not limited to, throwing household objects at
the plaintilfand threatening his life, pushing and shoving the children about, pulling
their hair, slapping and punching them about their heads and bodies, and
threatening to harm and to kill them. In addition, the defendant has 1hreatened to
kill herself on occasion and exhibits unstable, irrational, and violent behavior,
causing the plaintiff and the minor children to fear for their safety.
6. The plaintiff believes and therefore avers that he and the minor children are in
immediate and present danger of abuse from the defendant should they remain in the home
without the defendan1's exclusion and that they arc in need of protection from such abuse.
7. The plaintilf desires that the defendant be prohibited trom having any direct or
indirect con1act with 1he plaintiff and the minor children including, but not limited 10, telephone
and wriuen communications.
8. The plaintifl'desires that the defendant be enjoined from harassing and stalking 1he
plaintiff, and from harassing his relatives, and the minor children.
9. The plaintiff desires 1hat the defendant be restrained from entering his place of
employment, and the schools and day care facility of the minor children.
10. The plaintiff desires thaI the defendant be enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties or owned by the plaintiff.
8, EXCLUSIVE POSSESSION
II. The home from which the plaintiff is asking the Court 10 exclude the defendant is
owned in the names ofthe parties. The defendant has been residing at a residence unknown to the
plaintiff since approximately March 4, 1997.
12. The plaintiff currently has no place to stay with the minor children except the
marital home.
13. The plain1ifl'desires possession of the home so as to give 1he grea1est degree of
continuity to the lives of the children and 10 allow them to continue their education at their
schools and to continue their school and social activities.
C. REIMBURSEMENT I'OR COST 01' CASE
14. Ordering the defendant to pay $250.00 to Cumberland County, one of Legal
Services, Inc.'s funding sources, in lieu of stlomeys' fees, as reimbursement for the cost of
litigating this case and assessing the $25.00 surcharge and court cos1s to the defendant if the case
goes 10 hearing.
0, TEMPORARY CUSTODY
15. The plaintiff seeks temporary custody of the lollowing minor children:
Name
Sheena Lorraine Israel
Address
128 Woods Road
Newville, PA
Al!c
13 years old
DOB: August 30. 1983
Alyssa Lorraine Kennedy
unknown
7 years old
DOB: 12/26/89
Sheena Lorraine Israel is the defendant's child by a previous relationship. but the plaintiff
has ac1ed as her father since approximately 1985, when he and the defendant began living toge1her
(the parties were married December 12, 1987). Alyssa Lorraine Kennedy was not born out of
wedlock.
Sheena Lorra'ne Israel is presently in 1he custody of the plaintiff, Edward Richard
Kennedy. who resides at 128 Woods Road, Newville, Cumberland County, Pennsylvania. Alyssa
Lorraine Kennedy is presently in the custody of the defendant to the best of the plaintiffs
knowledge. The whereabouts of the delendant and Alyssa are unknown 10 the plaintiff.
During the pas1 five years the children have resided with the following persons and at 1he
following addresses:
18. The plain1i1T does not know of any person no1 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.
19. On or about March 4. 1997, the delendant removed Alyssa from the marital home
after the plaintilT and the children had gone to hed. The defendant has not allowed the plaintilT or
Sheena to visit with Alyssa. has relused to tell the plaintilf where she is residing with 1he child, has
restricted the child's telephone contact with the plaintifi' and Sheena, and did not take Alyssa to
school one day and took her to school late on other days.
20. The best interests and permanent welfare of the minor children will be met if
custody is temporarily granted to the plaintilT pending a hearing in this matter lor reasons
including:
a) The plaintilT who has provided lor the emo1ional and physical needs of the
minor children and is a responsible parent who can best take care of the minor
children and provide them with a stahle environment.
b) The defendant has shown by her abuse of the plaintilT and the minor
children that she is not an appropriate role model for the children.
c) The defendant's behavior has adversely a/fected the children.
d) The defendant has denied Alyssa contact with her father and her sister.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" ofOc10ber
7, 1976,23 P.S. *6101 ~l ~., as amended, the plain1iITprays this Honorable Court to grant the
following relief:
A. Gran1 a Temporary Order pursuant to the "Protection from Abuse ACJ:"
I. Ordering the defendant to refrain from abusing the plaintifi. and/or
the minor children or from placing them in fear of ahuse;
2. Ordering the defendant to refrain from having any direct or indircc1
contact with the plaintil1' or the minor children including. but not limited 10,
telephone and written communications;
3. Ordering the defendant to refhlin Ihlm harassing and stalking the
plaintiff and Irom harassing his relatives and the minor children;
4. Prohibiting the delendant from entering the plaintifl's place of
employment and the schools and day care lacility of the minor children;
5. Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by the plaintiff;;
6. Granting possession of the home located at 128 Woods Road,
Newville. Cumberland County, Pennsylvania, to the plainJift' to the
exclusion of the defendant. and ordering the defendan1 to stay away from
any residence the plaintifl'may establish for himself pending a final order in
this matter; and
7. Granting temporary custody of the minor children to 1he plaintiff.
B. Schedule a hearing in accordance with the provisions of the "Protcction from
Abuse Act," and, aller such hearing, enter an order to be in effect for a period of one year:
I. Ordering the defendant to refrain from abusing the plainJift' and/or
the minor children or from placing them in fear of abuse;
2. Ordering the defendant to refrain from having any direct or indirect
contact with the plaintil1' including, but not limited to. telephone and
written communications, except for the limited purpose of facilitating
custody arrangements;
3. Ordering the defendant to refrain from harassing and stalking the
plaintilT and from harassing his relatives and the minor children;
4. Prohibiting the defendant from entering the plain1if1's place of
employment and the schools and day care facilities of the minor children;
5. Prohibiting the defendant frmn removing, damaging, destroying or
selling property jointly owned by the pnrties or owned by the plaintilT;
6. Granting possession of the home locnted at 128 Woods Road,
Newville, Cumberland County, Pennsylvania, to the plaintilT to the
exclusion of the defendant, and ordering the defendant to stay away from
any residence the plaintif1' may establish for himself pending a linal order in
1his matter; and
7. Ordering the defendant to pay $250.00 10 Cumberland County, one
of Legal Services, Inc.'s funding sources, in lieu of attorneys' fees, as
reimbursement for the cost of li1igating this case nnd assessing 1he $25.00
surcharge and court costs to the defendant if1he case goes to hearing.
The plaintilTfurther asks that this Petition be filed and served without payment of fees and
costs by 1he plaintiff, pending a further order at the hearing, and that a certified copy of this
Petition and Order be delivered to 1he Pennsylvania State Police and any other appropria1e police
department which has jurisdiction to enforce this Order.
The plaintilTprays for such other relief as may bejust and proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
21. The allegations of Count ( above are incorporated herein as iffully set forth.
22. The best interest and permanent welfare of 1he minor children will be served by
confirming custody in the plaintif1'as setlorth in Paragraph 19 of the Petition.
WIIEREFORE, pursuant to 23 I'.S. ~ 5301 \lJ g~g.. and other applicable rules and law, the
plainliffprays this 1I0norable Court 10 award custody of the minor children 10 him.
The plaintifi' prays thr sllch other relief liS may be juslllnd proper.
Respectfully submitted,
1t-: J L. Ci~t~.c,(
t~~ Carey. Attomlly for Plaintiff
v
':)
t'U /1&
U:GAL SERVICES. INC.
8 Irvine Row
Carlisle. I' A 17013
(717) 243-9400
EDWARD RICHARD KENNEDY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for himself and on behalf of his minor : CUMBERLAND COUNTY, PENNSYLVANIA
children: SHEENA LORRAINE ISRAEL
and ALYSSA LORRAINE KENNEDY, : CIVIL ACTION - LAW
v.
: NO. 97-1304 CIVIL TERM
TINA LORRAINE KENNEDY
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINIJANCE
The plaintiff. Edward Richard Kennedy, by and through his attorney, Joan Carey ofLegal
Services, Inc., moves the Court for an Order continuing generally the hearing in the above-
captioned case on the grounds that:
I. By agreement of the parties and their respective counsel, the plaintiff's counsel
filed a motion to reschedule the hearing on March 20. 1997, a1 3:30 p.m., and an Order was
entered on March 20, 1997, rescheduling the matter to March 31, 1997, at II :00 a.m.
2. The parties agree, by and through 1heir respective counsel, that the hearing be
continued generally to facilitate negotiation of a Consent Agreement in this matter.
3. The plaintiff requests that the Temporary Protection Order remain in effect for a
period of one year or until further Order of Court.
4. A certified copy of the Order for Continuance will be delivered to the Pennsylvania
State Police by the attorney for the plaintiff
WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this
matter generally, and that the Temporary Protection Order remain in effect for a period of one
year or until further Order of Court.
Respectfully submitted,
i
/ oan Carey, Attorney for aintiff
LEGAL SERVICES. I C.
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EDWARD RICHARD KENNEDY, .
.
Plaintiff :
for himself and on behalf of .
.
his minor children: .
.
SHEENA LORRAINE ISRAEL and .
.
ALYSSA LORRAINE KENNEDY, .
.
.
.
v. .
.
.
.
TINA LORRAINE KENNEDY, :
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-1304 CIVIL TERM
AND NOW,
ORDER OF
this Ii tl day of May,
COURT
1997, upon consideration of the
attached letter from Hubert Gilroy, Esq., attorney for Defendant,
a hearing is SCHEDULED for Monday, July 21, 1997, at 9:00 a.m., in
Courtroom No.5, Cumberland County Courthouse, Carlisle,
Pennsylvania.
THE TEMPORARY Protection Order entered on March 13, 1997,
shall remain in full force and effect until further order of this
court.
BY THE COURT,
\ iJA-1 /7
Joan Carey, Esq.
Legal Services, Inc.
a Irvine Row
Carlisle, PA 17013
Attorney for Plaintiff
Hubert x. Gilroy, Esq.
4 North Hanover Street
Carlisle, PA 17013
Attorney for Defendant
_ Q..~AL
C't''-t,J,.L !J /,:; /91 ,
~o&'
:rc
dates, if they agree otherwise.
(b) The mother shall have temporary custody
at such other times as agreed by the
parties.
(c) When the children are in the mother's
custody, she will ensure that she is
always present with them and shall not
leave them in the custody of anyone else.
Cd) Mother shall not consume alcohol
immediately prior to or during the
periods that she has custody of the
children.
Cel Mother will not remove the children from
the Court's jurisdiction without advising
the father where she is taking the
children and providing the father with a
phone number.
3. The parties realize that their children's
well-being is paramount to any differences they might have
between themselves. Therefore, neither party will do anything
which may estrange the children from the other parent or injure
the opinion of the children as to the other parent or which may
hamper the free and natural development of the children's love
or respect for the other parent.
4. The parties will have another hearing in this
matter on october 13, 1997, at 3:30 p.m.
By the Court,
.
JOAN CAREY, ESQUIRE
Legal Services, Inc.
a Irvine Row
Carlisle, PA 17013
For the Plaintiff
_ ~ /.~.c '7/J.S In
,.&. r.
HUBERT X. GILROY, ESQUIRE
4 North Hanover Street
Carlisle, PA 17013
For the Defendant
wcy
EDWARD RICHARD KENNEDY,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
V
.
.
:CIVIL ACTION 97 - 1304
:
, ", ,
. , I
-,
,
TINA LORRAINE KENNEDY
Defendant
.
.
.
.
PETITION TO MODIFY COURT ORnER
Defendant, Tina Lorraine Kennedy, by her attorneys, BrouJ.Qs &,' I
Gilroy, P.C., sets forth the following:
,.'
1
Petitioner Tina Lorraine Kennedy is the Defendant in the above
action.
2
An order was entered by agreement of the parties dated July 21,
1997 in the above case whereby the Temporary Protection Order was
extended and custody of the two minor children who were the subject
of this order were awarded to the Plaintiff herein, Edward Richard
Kennedy.
A copy of said order is attached hereto and marked
Exhibi t "A".
3
By order of October 27, 1997 a hearing scheduled before the court
was also continued. A copy of said order is attached hereto and
marked Exhibit "B".
4
After the July conference between the parties and their counsel
which resulted in the July 21, 1997 order, the Plaintiff Edward
Richard Kennedy delivered custody of the two minor children to his
wife, Tina Lorraine Lorraine, Petitioner herein.
, ,
. ,
EDWARD RICHARD KENNEDY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
TINA LORRAINE KENNEDY
Defendant
:CIVIL ACTION 97 - 1304
.
.
.
.
.
.
,
PETITION TO MODIFY COURT ORnER
. "
Defendant, Tina Lorraine Kennedy, by her attorneys, Broujo~.: & .~
I
Gilroy, P.C., sets forth the following:
1
Petitioner Tina Lorraine Kennedy is the Defendant in the above
action.
2
An order was entered by agreement of the parties dated July 21,
1997 in the above case whereby the Temporary Protection Order was
extended and custody of the two minor children who were the subject
of this order were awarded to the Plaintiff herein, Edward Richard
Kennedy.
A copy of said order is attached hereto and marked
Exhibi t "A".
3
By order of October 27, 1997 a hearing scheduled before the court
was also continued. A copy of said order is attached hereto and
marked Exhibit "B".
4
After the July conference between the parties and their counsel
which resulted in the July 21, 1997 order, the Plaintiff Edward
Richard Kennedy delivered custody of the two minor children to his
wife, Tina Lorraine Lorraine, Petitioner herein.
BROUJOS f:, GILROY. pc.
AlTORNEYS AT lAW
4 NORTH HANOVER .sTREET
CARLISLE, PENNSYLVANIA 17013
Hubert X. Gilroy, Esquire
Broujos & Gilroy, PC
4 North Hanover Street
Carlisle, PA 17013
I III III
II III II
BROUJOS f:, GILROY. pc.
AlTORNEYS AT lAW
4 NORTH H^NOVEfl5TflEET
CARLISLE. PENNSYLVANIA 17013
Joan Carey, Esquire
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013