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HomeMy WebLinkAbout97-01935 ! , I i I ~ I i I , , , , , \. u - - '. ~ ~ .> , '\ I / , /' or. /' / I ...... . , ') , '-J '.t) C'C) ~ ';) ~I ~ , ~ ~ Lorri L. Keefe, Plaintiff IN TilE COUIlT OF COMMON PLEAS OF v. CUMHERLAND COUNTY, PENNSYLVANIA NO. 97-/9J,SCIVIL TEIlM na rr y A. Mill e l' , Defendant PROTECTION FROM AnUSE TEMPORARY PROTECTION ORDER AND NOW, this ~ day of April, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Lorri L. Keefe, now residing at 430 Chestnut Street, Mount 1I01ly Springs, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, narry A. Miller, the following Temporary Order is entered. The defendant, narry A. Miller, (SSN: unknown and date of birth: 6/8/64) whose present residence is unknown to the plaintiff, is hereby enjoined from physically abusing the plaintiff, Lorri L. Keefe, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 430 Chestnut Street, Mount 1I0lly Springs, Cumberland County, Pennsylvania, owned solely by the plaintiff, and any other residence the plaintiff may establish. 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 the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment. .. Lorri In Keefe, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 97- CIVIL TERM Barr>' A. Mi I Icr. Defendant PROTECTION FROM ABUSE NOTICE You havc been sued in court. If you wish to defend against thc claims sct forth in thc following pagcs, you must take action promptly aftcr this Petition, Ordcr and Notice arc servcd, by appcaring personally or by attorncy at the hcaring schcduled by the Court and presenting to the Court your defenscs or objections to the claims set forth against you. You are warned that if you fail to do so the Court may procced without you, and a judgmcnt may be entered against you by thc Court without furthcr notice for any money claimed in thc Petition or for uny other claim or relicf requested by the plaintiff. You may lose moncy or property or other rights important to you. FEES ANI) COSTS If the cuse goes to hearing und the judgc grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay IIttorney fces to Legal Services, Inc. for their representation of the plaintiff. You should take this puper to your lawyer ut once. If you do not hllve u lawyer or cunnot afford one, go to or telephone the office set forth below to find out where you can get leglll help. COURT ADMtNISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Amcricans with Disabilities Act of t990. For information IIbout accessiblc facilities and rcasonable accommodations availablc to disablcd individuals having business before the court, please contact our officc. All arrangements must be made at least 72 hours prior to any hearing or business beforc the court. You must attend the scheduled confercnce or hearing. , Lorr! L. Keefe, Plnintiff IN THE COURT OF COMMON PLEAS OF v. CUMnERLAND COUNTY, PENNSYLVANIA NO. 97-/935 CIVIL TERM !larry A. Mi ller, Defendnnt PROTECTION FROM A!lUSE PETITION FOR PROTECTION ORDER AND CIlSTOD'( REI. I EF UNDER THE PROTECT ION FROM ABIlSE ACT, 23 Pa.C.S. g 6101 et seq. A. ABUSE I. The plaintiff, Lorri L. Keefe, is an adult individual residing at 430 Chestnut Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. The defendant, !larry A. Mi ller, (SSN: unknown) (Date of Birth: 6/8/64), is an adult individual, whose present residence is unknown to the plaintiff. 3. The defendant has had an intimate relationship with the plaint i ff. 4. Since approximately t997, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to 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 including following the plaintiff, without proper authorization, under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not I imi ted to, the following specific instances of abuse: .< .. ~~ ;; II. On or IIbout March 20, 1997, when the defendant was riding with the plllintiff in her car, he be clime angry IInd hit the plllintiff in the fllce with the bllck of his hand cllusing the plllintiff's vision to become blurred. Fellring for her sllfety, the pluintiff pulled the car to the side of the rOlld, but the defendant grabbed the keys from the ignition and stepped out of the car so that the plaintiff could not leave. When the defendant got buck in the car, he grabbed the plaintiff's neck with both hands, bit her on the left eyebrow, put her in a headlock, and punched her. The defendant coerced the plaintiff into driving him to Mount Holly saying that he would leave her alone if she did so, but during the drive, the defendant jerked the car out of gear several times causing the plaintiff to fear for her safety. When they arrived in Mount Holly, the plaintiff was able to leave the defendant at her residence and drive to Carlisle where she called the police who charged the defendant with simple assault. As a result of this incident, the plaintiff sustained a laceration on the inside of her lip, a bruised left eyelid, a bite mark on her left eyebrow, a broken blood vessel in her right eye, and swelling on the back of her head. b. On or about January t, 1997, when the plaintiff 2 -:;. ;,r",,:- }~';'i~ ';::'il', -,;;,'.':"" , arrived home, the defendunt became angry and in thc midst of thc argument grabbed his gun causing the plaintiff to fear for her sufety. When the child carc provider intervencd and took the gun uway from him, the defendant grabbed the plaintiff und bit her nose causing the skin to break. While trying to escapc, the plaintiff fell, und the defendant jumpcd on top of her and choked hcr until shc could not breath causing hcr to bcgin to black out. Whcn thc plaintiff regained consciousness, shc was able to gct away from thc defendant, run out the back door, and call the police. As a result of this incident, the plaintiff sustaincd marks around her neck, and bruises on her chest, arms, and back c. Since January 1997, sevcral timcs a wcek, the dcfcndant has walkcd past thc plaintiff's residence and on scvcral occasions, has lookcd into her windows causing her to fcar for hcr safcty. 5. Thc plaintiff bclicvcs and thercforc avcrs that she and is in immcdiatc and prcsent danger of abusc from the defendant and that she is in nced of protection from such abusc. 6. The plaintiff desircs that thc defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. J 7. The plaintiff desircs that the dcfcndant bc cnJoincd from harassing and stalking thc plaintiff, and from harassing thc plaintiff's rclativcs. 8. The plaintiff dcsires that thc dcfcndant bc rcstrained I f from entering her place of cmployment. 9. The plaintiff dcsircs that the defcndant be cnJoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. 10. The plaintiff desires that any weapons the dcfendant owns, posscsses, and has used or threatened to use against the plaintiff be confiscated by the Sheriff's Departmcnt. n. EXCLUSIVE POSSESSION It. The home which the plaintiff is asking the Court to order thc defendant to stay away from is not owned or rented in the defendant's name. 12. The defendant's present residence is unknown to the plaintiff. C. REIMBURSEMENT FOR COST OF CASE t3. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc. 's funding sources for the cost of litigating this case. WIIEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. D 6101 II ~., as amended, thc plaintiff prays this lIonorable Court to grant the following rei ief: 4 A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" t. 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. J. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the ptaintiff's residence located at 430 Chestnut Street, Mount Holly Springs, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 7. Ordering the defendant to relinquish to the sheriff's department any weapons which he owns, possesses or has used or threatened to use against 5 ~. , the plaintiff, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the order. B. Schedule a hearing in accordancc with the provisions of the "Protcction from Abuse Act," and, aftcr such hearing, enter 1. Ordering the defendant to refrain from an order to be in cffcct for a period of onc year: abusing the plaintiff or placing her in fcar of abusc. 2. Ordering the defendant to refrain from having any dircct or indircct contact with the plaintiff including, but not limitcd to, telephone and written communications. 3. Ordcring the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relativcs. 4. Prohibiting the defcndant from entering the plaintiff's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the ,; , ,', plaintiff's residence located at 430 Chestnut , ~ '.. .' ,",'. 6 ....... .~..,.~~::IV.. "."", .?:}:;J: ....,.., :t~~~ T1;i,l -"';-5, j/'.'~:J r:.... .,.1 ~ ';C,'f, ,:,:...;;;..-..' tiJ:' ". Street, Mount Holly Springs, Cumberland County, Pennsylvania, and any other residence the plaintiff may cstablish. 7. Ordcring the dcfcndant to relinquish to thc shcriff's departmcnt any wcapons which hc owns, posscsscs or has used or threatcncd to usc against thc plaintiff, and prohibiting thc dcfendant from acquiring or possessing any other wcapons for thc duration of the Order. 8. Ordering thc defendant to pay $250.00 to reimburse onc of Lcgal Scrvices, Inc. 's funding sources for the cost of litigating this case. Thc plaintiff furthcr asks that this Petition be filed and servcd without payment of fees and costs by the plaintiff, pcnding a further ordcr at thc hearing, and that ccrtified copies of this Pctition and Ordcr bc dclivcrcd to the Pennsylvania State Mount Holly Springs, and Carlisle Police Departments which have jurisdiction to cnforce this Order. The plaintiff prays for such other rclicf as may be just and prope r. Rcspectfully submitted, ''Jl''/ G~r.. Carey, Attor for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 7 ~ The above-named plaintiff. Lorri L. Keefe. verifies that the statements made in the ubove Petition ure true und correct. The plaintiff understands thut fnlse stntements herein nre mndc subjcct to thc pcnalties of t8 Pn.C.S. ~ 4904 rclating to unsworn fnlsification to authorities. I , ~ f Datc: C"', _"J ("> \.~_. - I -" -" ~ -. :"_l "' (: J i~J " (. . -. - ""J f- -' :(") r , -:j .. : i) t. -" -'J )iil I ~ ',1 " Cd -". , F } .. 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':'11 ' i~.:, _t-' hi _ll..1:~LI_I_~"u.L_LJi~.~'L 1\ ,~l:!.~, ~. t.(.Il.;'_.l h;:'~I \/ 1 t.h TEi"lFUh't..F:Y i ':::1..1 rl-:\~T! I Hi Il:.:rq'~h ~,I~.~U~~I'Y ....IH I ['~:r I T 1 Orl -:trllf ;.;1. tho? :-::'::I\Il~, '-In",..:> dlr(,:t~l rll) Itl~:'" ;jt.t'~'nt.l(lrl T (i thl.- cCJrlt.(~rllE t.th~~r.;.}ni. 1\,I.flt.~flflal i..(,mr,l.:.'nt,c:: ['I !-Trn'/djT STATL:: H~ [,or.'.:; nt-IT ly..IH OE t':J~,::~,~":~S IdlY l,..'E:\r-I~lfL;. Sh~rlfi'3 (:nst~: [)\.>C kl? t. i no ~-;.':Jr'J ic.: - Atflr.f3vlt~ :';llr,:,:tJ.3rql? ie. ell,} J.":: . l~l' 2. or:, ~I] ,H,:.jWI}rs: ~9~~/,...~-e' rr:--7'F0.::,m;-J;:-; 1..11 n"_', ~,tllO;lr 11 f '::-"::;:7:- I,)() -' .~)('l I ,:)0(' ~~ I.". WI -_W~~~~t " ~,her ~ll '..; 'W "I r- ~l .J 'j' j : I J I. -; ,- I . I" ~., .'.' It. q7 C1,'-~r /?: .~ '. ,., :, 'II' t.',O' Ii' d1}' I ~. o~ \'. i~~~" ~y.;-~ . , Lorri L. Keefe, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-1935 CIVIL TERM Barry A. Miller, Defendant PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this ~ day Of~, 1997, upon consideration of the attached Motion for continuance, the matter scheduled for hearing on April 24, 1997, at 3:30 p.m. in Courtroom No.5 by this Court's Order of April 14, 1997, is hereby rescheduled for hearing on May 2B, 1997, at 3:00 p.m. in Courtroom No.5. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. The Cumberland County Sheriff's Departmp.nt 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. Certified copies of this Order for Continuance will be provided to the Pennsylvania state, Mount Holly Springs, and Carlisle Police Departments by the plaintiff's attorney. By the Court, Joan Carey Attorney for Plaintiff Carol J. Lindsay Attorney for Defendant e _ t ~u.." ('o',\.(......(,,(!:Jj:J./ 1'1- ",.f'. Lorri L. Keefe, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN1A v. NO. 97-1935 CIVIL TERM Barry A. Miller, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on April 14, 1997, scheduling a hearing for April 24, 1997, at 3:30 p.m. in Courtroom No.5. 2. The Cumberland County Sheriff's Department served the defendant with a certified copy of the Temporary Protection Ordar and Petition for Protection Order on April 15, 1997, at approximately 5:00 p.m. at 520 1/2 Chestnut Street, Mount Holly, Cumberland County, Pennsylvania. 3. The defendant has retained Carol J. Lindsay of Flower, Morganthal, Flower & Lindsay to represent him in the matter. 4. The defendant's counsel requested a continuance of the hearing. 5. The plaintiff does not oppose a continuance, but requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 6. certified copies of the Order for continuance will be delivered to the Pennsylvania State, Mount Holly Springs, and '. Carlisle Police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, (' ~- 1,,_ (,I... ,/ -vt (<---J~ .- <,.( -1-1 ,Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 I I I' Lorri L. Keefe, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1935 CIVIL TERM Barry A. Miller, Defendant PROTECTION FROM ABUSE AND NOW, this ORDER FOR CONTINUANCE .L J'..tlc. 2.... day of ~, 1997, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on May 28, 1997, by this Court's Order of May I, 1997, 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. Certified copies of this Order for Continuance will be provided to the Pennsylvania State, Carlisle, and Mount Holly Springs Police Departments by the plaintiff's attorney. By the Court, J. ~4 Joan Carey Attorney for Plaintiff f\ . rn';J,tllr/3/1? L-~U'" ..-:J y" Q. Carol J. Lindsay Attorney for Defendant i , i I I i I I , ~ 1 -.-\f~;~:~\'""~ 1-"':: '." (,") \1'," . .,.' '-'." I....'..'. I'. ........,' I . . I ~l . I' ~.., Lorri L. Kcefe, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1935 CIVIL TERM Barry A. Miller, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff; by the through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order continuing generally thc hearing in the above-captioned casc on the grounds that: 1. A Temporary Protection Order was issued by this Court on April 14, 1997, scheduling a hearing for April 24, 1997, at 3:30 p.m. in Courtroom No.5. 2. Thc Cumberland County Sheriff's Department served thc defcndant with a certified copy of the Temporary Protection Order and Petition for Protection Order on April 15, 1997, at approximately 5:00 p.m. at 520 1/2 Chestnut Street, Mount Holly, Cumberland County, Pennsylvania. 3. The hearing scheduled for April 24, 1997, at 3;30 p.m. in Courtroom No.5 was rescheduled for hearing on May 28, 1997, at 3:00 p.m. in Courtroom No.5. 4. The dcfendant has retained Carol J. Lindsay of Flower, Morgenthal, Flowcr, and Lindsay to reprcsent him in the matter. 5. The defcndant, by and through his attorney, requests that the hearing be gcnerally continued.