HomeMy WebLinkAbout97-01741
VS,
CUMBERLAND COUNTY, PENNSYI,VANIA
NO, 97 -17~/cIVIL TERM
i
Michael T. Kothe,
Defendant
PROTECTION FRO~ ABUSE
AND CUSTODY
AND NOW, this
TEMPORARY PROTECTION ORDER
~ day of April, 1997,
upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff, Diane K. Kothe, now residing at 9 Old Willow Mill
Road, Mechanicsburg, Cumberland County, Pennsylvania, is in
immediate and present danger of abuse from the defendant, Michael
a
T, Kothe, the following Temporary Order is entered,
The defendant, Michael T, Kothe, (SSN: 198-582389 and date
of birth: 5/12/63) whose present whereabouts is unknown to the
plaintiff is hereby enjoined from physically abusing the
plaintiff, Diane K, Kothe, or placing her in fear of abuse.
The defendant Is excluded from the plaintiff's residence
localed at 9 Old Willow ~Iill Road, Mechanicsburg, Cumberland
County, Pennsylvania, a residence which is jointly leased by the
par'ties, bllt from which the defendant. voluntarily left on or
about March 31, 1997, and any other residence the plaintiff may
establish.
The defendant is ordered to refrain from having any direct
to, telephone and written communications, except for the limited
or indlrecl contact with the plaintiff including, but not limited
purpose of facilitating custody arrangements.
The defendant is enjoined from harassing and stalking the
the plaintiff by her wrist. pulled her off of a chair,
pulled her back a hallway, and forcefully slammed her
against a wall causing a lacerated and bruised elbow,
The defendant grabbed her by the throat and face and
forcefully slammed the back of her head into a wall.
The defendant then got behind the plaintiff and shoved
her into a bathroom door, As the defendant was trying
to force the plaintiff into the bathroom, he shoved her
back into a water heater door causing pain, The
plaintiff's children and an employee of the business
heard the plaintiff screaming and tried to intervene.
The defendant then grabbed the parties' three-year-old
son, threatened to lake him, and left the restaurant
with the child causing the child to cry, The defendant
returned abruptly with the child, gave him back to the
plaintiff. and left taking his clothes, the money out
of their joint business account, and the plaintiff's
car.
b, In or about January 1996, the defendant grabbed
the plaintiff by her wrists, threw her onto the bed,
jumped on top of her, straddled her, and restrained
her, The plaintiff's daughter, Jennifer MacMurtrie,
heard her scream and ran into the bedroom to help her
mother. The defendant grabbed the child and shoved her
backwards across a hall and into a wall at the top of
2
a staircase causing the child to grab a railing to
prevent herself from falling down the stairs and
causing her to fear for her safety,
c, In or about October 1993, while the plaintiff was
nursing her son, the defendant forcefully threw a
basket full of laundry at the plaintiff just missing
her and the child and crashing through a double pane
window behind them, The defendant grabbed the
plaintiff by the hair as she nursed the baby,
forcefully pulled her hair so that her head hit a wall,
and called her vile names causing her pain and fear,
d. In or about the Spring of 1991, while driving a
car, the defendant grabbed the plaintiff by the head
and slammed her against the window of the car. The
next morning when the plaintiff told the defendant she
was leaving, he called her vile names, put his arm
around her neck from behind choking her until she
became unconscious. When the plaintiff regained
consciousness, she had been dragged to a different
location and was lying on her back, The defendant left
the scene, tried to commit suicide, and was admitted to
a psychiatric unit of a hospital for thirty days.
5, The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant
should she remain in the home without the defendant's exclusion
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and that she is in need of protection from such abuse,
6. 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, except for the limited purpose of facilitating
custody arrangements.
7. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives, or the minor children.
8. The plaintiff desires that the defendant be restrained
from entering her place of business or the schools and day care
facility of the minor children,
9. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
jointly by the parties or owned solely by the plaintiff,
B. EXCLUSIVE POSSESSION
10. The home from which the plaintiff is asking the Court
to exclude the defendant is rented in the names of the plaintiff
and the defendant, but the defendant voluntarily left the
residence on or about March 31, 1997, and the plaintiff is
unaware of his present whereabouts.
11. The plaintiff currently has no place to stay with her
children except the marital home.
12, The plaintiff desires possession of the home so as to
give the greatest degree of continuity to the lives of the
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children and to allow them to continue their education at their
schools and to continue their school and social activities.
C. SUPPORT
13. The defendant has a duty to support the plaintiff and
the minor child, Steven M, Kothe,
14. The plaintiff is in need of financial support from the
defendant including, but not limited to: health insurance
coverage, payment of unreimbursed medical expenses for the
plaintiff and the child. and the rent payment on the residence at
9 Old Willow Mill Road, Mechanicsburg. Cumberland County,
Pennsylvania.
15, The defendant and the plaintiff are self-employed since
January 1997. at D & M Culinary Delights, 6 State Road.
Mechanicsburg, Pennsylvania, and have not collected any profit
from the business. The defendant also has part-time employment
at the Ground Round Restaurant and earns approximately $300,00
per week,
16. The plaintiff's income is insufficient to provide for
her minimal needs and those of the child until such time as a
support order can be obtained by filing at the Domestic Relations
Office,
17, Th~ plaintiff intends to petition for support within
two weeks of the issuance of a protective order.
D. LOSSES AND REIMBURSEMENT FOR COST OF CASE
18. The plaintiff has suffered losses as a result of the
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9 Old Willow Mill Road, Mechanlcsburg, Cumberland County,
Pennsylvania.
She is married,
The plaintiff currently resides with the following persons:
Name
Relationohip
Jennifer HacHurtrie
Brandon MacHurtrie
Aaron N. HacHurtrie
Steven M. Kothe
daughter
son
son
son
The defendant, the father of the child, whose current
residence is unknown to the plaintiff,
He is married.
21, The plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in
this or any other Court.
22. The plaintiff has no knowledge of any custody
proceedings concerning this child pending before a court in this
or any other jurisdiction,
23, The plaintiff does not know of any person not a party
to this action who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
24, The best interests and permanent welfare of the minor
child will be met if custody is temporarily granted to the
plaintiff pending a hearing in this matter for reasons including:
a. The plaintiff is a responsible parent who can best
take care of the minor child, and has provided for the
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b.
The defendant has shown by his abuse of the
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emotional and physical needs of the child since his
birth.
plaintiff that he is not an appropriate role model for
the minor child.
c. The defendant's behavior has adversely affected
the child,
WHEREFORE. pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. ~ 6101 et ~" as
amended, the plaintiff prays this 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 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, except to facilitate
custody arrangements,
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives and the minor
children,
8
4, Prohibiting the defendant from entering the
plaintiff's place of business or the schoolB or
the day care facility of the minor children,
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff,
6. Granting possession of the home locaLed at 9
Old Willow Mill Road, Mechanicsburg, Cumberland
County, Pennsylvania, to the plaintiff to the
exclusion of the defendant pending a final order
in this matter,
7. Ordering the defendant to stay away from any
other residence the plaintiff may establish.
8. Granting temporary custody of the minor child
to the plaintiff,
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 one year:
1, Ordering the defendant to refrain from
abusing the plaintiff or placing her in fear of
abuse.
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
9
including, but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the plalntlff and from
harassing the plaintiff's relatives and the minor
children,
4, Prohibiting the defendant from entering the
plaintiff's place of business or the schools or
the day care facility of the minor children,
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff,
6, Granting possession of the home located at 9
Old Willow Mill Road, Mechanicsburg, Cumberland
County, Pennsylvania, to the plaintiff to the
exclusion of the defendant,
7, Ordering the defendant to stay away from any
other residence the plaintiff may establish.
8, Granting support to the plaintiff and the
minor child, Steven M, Kothe, in an appropriate
amount according to the support guidelines payable
to the plaintiff in the form of a check or money
order, mailed to her residence, and ordering the
defendant to provide health coverage to the spouse
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and minor child, directing the defendant to pay
all of the unreimbursed medical expenses of the
plaintiff (spouse) and minor child of the
defendant to the provider or to the plaintiff when
she hus paid for the medical treatment and
directing the defendant to make or continue to
make rent payments on the residence of the
plaintiff,
10, 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,
11. Ordering the defendant to pay $250,00 to
reimburse one of Legal Services, Inc. 's funding
sources for the cost of litigating this case.
The plaintiff further asks that this Petition be filed and
served without payment of fees and costs by the plaintiff,
pending a further order at the hearing, and that a certified copy
of this Petition and Order be delivered to the Silver Springs
Township Police Department which have Jurisdiction to enforce
this Order,
The plaintiff prays for such other relief as may be just and
proper.
1 1
COUNT II
CUSTOI>Y UNDER PENNSYLVANIA CUSTODY LAW
25. The allegations of Count I above are incorporated
herein us if fully set forth,
26. The best interest and permanent welfare of the minor
child will be served by confirming custody in the plaintiff as
set forth in paragraph 24 of the petition.
WHEREFORE, pursuant to 23 Pa,C.S. ~ 5301 et seQ., and other
applicable rules and law, the plaintiff prays this Honorable
Court to award custody of the minor child to her.
The plaintiff prays for such other relief as may be just and
proper,
Respectfully submitted,
~.
..-.J
Carey, Attorne
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
12
The above-named plaintiff, Diane K. Kothe, verifies that the
statements made in the above Petition are true and correct. The
plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa.C,S. ~ 4904 relating to unsworn
falsification to authorities.
Date: Jj - '3 - 17
1l~
Diane K,
r<o~
Kothe, Plaintiff
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Diane K. Kothe,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB,
Michael T. Kothe,
Defendant
NO. 97 - 1741
CIVIL 'rERM
PROTECTION FROM ABUSE
AND CUSTODY
AND NOW, this
ORDER FOR CONTINUANCE
~ day of April, 1997,
upon COni
-=-ftJl 'rk-~
of the attached Motion for Continuance, the hearing scheduled tor
the 14th day of April, 1997, at 3:00 p.m. is hereby continued
generally. This Order is entered without prejudice to either
party to request a hearing,
The Temporary Protection Order shall remain in effect for
one year or until modified or terminated by the court.
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,
A certified copy of this Order for Continuance will be
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WHEREFORE, the plaintiff requests that the Court grant this
Motion and continue this matter generally, and that the Temporary
Protection Order remain in effect until further Order of Court.
Respectfully submitted,
for Plaintiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
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Diunf' K. Kothe,
Pluillt.if'f
TN TilE COURT OF COMMON PLEAS OF
ctJMnERI,AND COUNTY, PENNSYLVANTA
VA.
NO, 97 - 174 1
CIVIL TERM
Michuel T, Kothe,
Defendnllt.
PROTECTION FROM AnUSE
AND CUSTODY
PROTECTION ORDER
AND NOW, this (. t~ dny of May, 1997, upon consideration of
the Consent Agreement. of t.he pnrties, t.he following Order is
entered:
1, The defelldllnt., Michnel T. Kot.he, is enjoined from
physicully abusing t.he plnintiff, Dinne K, Kothe, or from placing
her in fenr of nhuse,
2, The court cost.s nnd fees nre wnived,
3, This Order shnll remnin in effect 1'01' a period of one
year 01' unt.il modified 01' t.erminated by the Court., The Order can
be ext.ended beyond it.s original expirnt.ion date if t.he Court
finds that the defendant has commit.ted nnot.her act of abuse 01'
hus engaged in 1\ pntt.ern or prnctice t.hnt indicat.es cont.inued
risk of hnrm to the plnint.iff,
4. This Order may subject. t.he defendant to: i) arrest
under 23 Pa,C,S, ~6113j Ii) n pr-ivnt.e criminal complaint under 23
Pa,C,S, ~6113.1; i i i) n chflrge of indirect. cl'iminal cont.empt
under' 23 Pfl.C,S, ~6114, punlshnble by impr-isonment. up t.o six
mont.hs and fl fine of $100,00-$1,000,00; and iv) civIl contempt
A'.ED'O::nSE
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under 23 Pn,C.S. ~6114 ,I, Resumpt.lon of co-residellce on t.Il1! Plll't
of the plllint.iff nnd defendllnt. shllll not. nullify t.he pl'ovlsiollS
of t.he COUI't. order,
5, The Silvel' Spl'ing Pol ice DepurtmC'lIt. shnll be Pl'ovided
with II certified copy of t.his Order by t.he plnint.lff's nt.t.orney
and may enforce t.his Ol'del' by urresl. fOl' illlliJ'ect. cl'imillul
contempt wit.hout. wurranL upon probllble cuuse Lhul. Lhis Order hus
been violat.ed, whet.her 01' not. t.he violation is cOnlllli t.t.ed in t.he
Ill'esellCO of a pol ice officp.r, In the p.venl. that an IlI'l'esl. Is
mode under t.his sect.ion, t.he defendllnt. shull he taken wit.hout
ullnecensnry delay before t.he court t.llIiI, issued the order, When
t.hat. court is unavailublp., the defendllnt. shull be taken before
the lIppropl'ial.e dist.rict. justice, (23 Pa,C,S, ~ (J113).
By the Court.,
J ann Cnrey
Attorlley for Plnint.i ff
e-
M Ichn). T. Kot.he
Pro Se
9 Old Willow Mill ROlld
Mechnllicsuul'g, PA 17055
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