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HomeMy WebLinkAbout97-02419 , WI ; It. .... - - '.. ~ ~ .. ~ \l '.. '1 ~ .:.i ~ --.. , t.J ~ ....... ~ ~ I t'--o tt . ~ ~ J ~ f ~ 't t r() ~ 'i >- lJ') ;- ~ - 0 - g:; c" l.[l ~ ',- " .},t; 8 --- ~) - ~.,. , '" ; ~ l'- J:i:'-' :;;: ',1;~ ~ @"'p c... rl~ ...~- l.O c..J ~ ~l~ ct. . .0;;,) I "J~ ~ l<) -,~ >- "z li:" t . ~ i..JJ 19' T .->; :.;:~ !O= :lI: 'I. r- :5 0 0"1 U hl( ptANl'Nt<>Ill'tCO , 0 &0.. ..w WlllIAM~POilI 'A .nO) SURETY, BONDSMAN, REALTY BAIL BOND APPLICABLE PORTION OF REVERSE SIDE MUST BE COMPLETED CERTIFICATION OF BAIL AND DISCHARGE I\lll(llA'i1tjl) llJ tl{l OTN <:1' """'''0 97-2419 Civil Tenn CQMIwlONWlAl '11\15 ((lfIl('/l(I,'H "'."," .'~1 ,1",.",.\\1 ( HAIU.II!,I DATf Of CtU,RGEI51 Barbara Willians 106 West Vine street Shiremanstown, PA 17011 t{] ADA (no suroly) U Nommal Bail o Bail (Iolal amount scl. II any) S o Conditions 01 Release (aside trom appealing at coull when reQulled' I No contact Whatsoever with victUn. Must contact District Attorneys Office if OOdress changes fran Charles Stees. Contempt (Violation of Protection Fran Abuse Order) COURT ACTION our CU1lberland Coonty erorth kJ OclenliOn Cenler 0 Other I hereby celllly (hal sulflclonl ball has boen entered txJ By Ihe defendant 0 On behall ollhc defendant by (allach addendum. II necessary) SECURITY OR !3uRETV II' APlYl o Surely Company D Professional Bondsman o Really o Olhor ROR l'I"",,,,<\AJt1'f'unIS,,,,,r,1 (l.c~nil!'N(J1 JuDGl OR ISSUING AU1HQI111'f Hon. Edgar B. Bayley APPEARANCE OR BAIL BOND . Refund 01 cash ball Will bo made Within 20 days aUm fmal dlspoStllOn (Pa A Cr P 4015{b)) . Refund 01 all olher types 01 ball will be made promptly aller 20 dayslollowlng Imal disPOsItion (Pa A Cr P 4015(a)) . Bnng Cash Ball Recclpllo Clerk 01 Court THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTil FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FilED IN THE SUPREME COURT OF THE UNITED STATES, OISCtlARGE THE ABOVE.NAMEODEfENOANT fROM CUSTODy If OETAINEO FOR NO OTHER CAUSE THAN THE ABOVE STATEO. GIVen under my hand and the Olllcial Sealot thiS Courl. Ih" 11 th day 01 MIlY J~)O_ r~ \V\~I~c:.'" ,nit - (CI{'fl'OIC0u'/O' IS~u'''l1A"tr>ol''~1 De Prothonot WE, THE UNDERSIGNED, dolondonl ond suroly, our succo..ors, holrs ond o..lgns, oro Jointly snd so.oroUy bound 10 poy 10 Iho Commonwoslth 01 Ponnsylvsnlolho sum 01 doUors ($ ), ,192!l. SEE REVERSE SIDE FOR BAIL CONDITIONS CERTIFICATION OF COUN rER INDEMNITY AND PREMIUM (Applicable Only When Surely Is A Corporation) . Pllnclpal. and hereby cerlllv that the amount paid by saId Principal to said Surety lor bail In 1M above mailer IS S and lhat no lunher sum or sums IS to be paid therelore by the said Principal or anyone on hiS behall We lurlher certlly Ihat said PrinCIpal has given 10 said Surely counter mdemMy conmhng 01 ollhevalueol S as lollows , Surely, and no lurther counler mdemMy is 10 be given the said Surety except We fun her cerllly lhallhere are no Judgments againslthe saId corporate surety outstanding and unpaid lor a pellod 01 more Ihan Ihlrty days 110m Ihe date otthe entry 01 such ludgment exceptlhose In whiCh a pellllon 10 open or vacale the luogmenl has been tIled and remains undIsposed 01 Oared May 11 th ,19 98 (SEAL) fl't'''('j~I'1 MUST BE SIGNED IN PERSON BY THE APPROVED AGENT I ACKNOWLEDGE THAT I AM lEGAllY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL, (SEALI (';"'t"I) X .:.1?>-:lv,it a.- ,-w ',I(,ljAll)IlI{,I(lIIIMlAtll JL.~-lb:G.;~ (SEAL) The followmg acknowledgement 15 also appllcaOle If Percent.1gc Cash Ball IS used THISBONDSIGNEDONJilY 11 th at CArl i "le 1921L- PENNSYLVANIA ,SEAL) S,gn.ltUfC of Surety (May 011' Bondsman. Ball Agency. or prIvate mdlvldual or organl/atlOn) Elcepr when defendant 15 released on hIS own teCDqntlancc {ROm IhlS must 011' s,gned In all ball sltuat,ons. Iflcluamg nommal ba,1 Signed and ackno.....ledged before me Ihl5 11 th day 01 May ~ t~ '(\~C..u.~'Y1U1'1 .,~ Dep.lty Proth6l\~~.3t1" ,',.."""1.""...',. . In case ofcotpomte surely balf. Power 01 Attorney must bo afflJwd 10 bond ot othetWIse bond IS mvalid , 9 2!!- /60 j../~.>+ v; He. St. S iJ; r-e 1"'-'1..1 h..J~ /70 It ;4 ^t'l,HI ~,',( \. ',lIlIl'. ',lIlllll (ll"ll'AN~ t1l1111 II j[)Mjl ''''''''t~'' ", 1."""H."'..../I,~~J'.t,."I"I.(""\,."'o A' '/1,."1",,,0.1'" ORIGINAL . In case of Percentage Cash Ba,1 or Nominal Ba,l. Po~er 01 Attorney IS not ICQulted ~: ." ~ \..... c.: " ,.. UI~-I C.; "" ( '),'- .., ll~ ~ I'.. 0.. <y " , . ..~ I C , ll.;' "" - ; Ll " 'j ; .. i \~_ U. ,-. '-) C' Oo' . SHERIFF'S RETURN - REGULAR CASE NOI 1997-02419 P COKKONWEALTH OF PENNSYLVANIA I COUNTY OF CUKBERLAND KRUKSIEK KARlE L VS. WILLIAKS BARBARA ET AL WESLEY COOK . Sheriff or Deputy Sheriff of CUKBERLAND County, Pennsylvania, vho being duly svorn according to lay, says, the vithin PROTECTION FROK ABUSE vas served upon WILLIAKS BARBARA the defendant, at 1830100 HOURS, on the ~ day of Kav 1997 at 103 E. KAIN STREET SHIREKANSTOWN,. PA 17011 .CUKBERLAND County, Pennsylvania, by handing to BARBARA WILLIAKS a true and attested copy of the PROTECTION FROK ABUSE together vith TEKPORARY PROTECTION ORDER NOTICE AND PETITION and at the same time directing Her attention to the contents thereof. Sheriff's Costs I Docketing Service Affidavit Surcharge 18.00 8.06 .00 2.00 El28.06 So ansve;~~/ // ?"~~<~~ R. Thomas Kline, Sheri!! 00/00/0000 by ,~,,~.!: Svorn and subscribed to before me this Q ~ day of l'h{~, I 19 9, A. D. ." (i "'rvt ' "----M . )fro'thonot~~y ,1d.fPY MARIE L, KRUMSIFf:, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYI.VANIA CIVIL ACTION - lAW V, BARBARA WILLIAMS and JAMES KENNETH WILLIAMS, Defendants 97-21119 CIVIL TERM ORnER-DE_COURT AND NOW. this 14th day of May, 1998. I adjudicate defendant in contempt of the protection from abuse order, Having odJudicated defendant in violation of the terms and conditions of the protection from abuse order. IT IS ORDERED: 1, Sentence Is that you undergo a period of supervised probation for a period of six months, SuperviSion fees ore waived, 2, The protection from ol1lJse order is reissued for a period of one year from this date under the some terms and conditions os the original order, 3, You are to he and Femoln on good hehavioF and comply with all provisions of the IJrotection from ahuse order. to include successfully completing your curFent outpatient alcohol tFeatment program at the Holy Spirit Hospital os recommended by the supervisors, By )J1e COt~t. Ravid J, Freed, Esquire sslstanl Distrlcl Altorney Timothy I., (Jowges, FSQIJlre Assistant Pull] Ie Defenr.ler CCP - J, , L S/.:JI/Yt. .&~ Sher1.ff :prs -:",,': ~ r r': ~,f~'" ." I ",,:'><rl,\ r - " (, (\ :.\',-, ." ...,', l-~" \ \ r; j (~ ','" ...,' \' MARIE L, KRUMSIEK. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW V, BARBARA WILLIAMS and JAMES KENNETH WILLIAMS, Defendants 97-2419 CIVIL TERM IN RE: CONTEMPT HEARING SCHEDULED O.RDEILaE...C.O,URI AND NOW. this 11th day of May. 1998. hearing on the within contempt petition is set for Courtroom No.2, Cumberland County Courthouse. Carlisle. PennsYlvania. at 1:30 p.m,. Thursday. May 14. 1998. at which time defendant is ordered and directed to appear, Defendant is released on ROR bail conditioned on her not having any contact. direct or indirect. with the alleged victim. her mother. not going to the mother's home or any place the mother may be, and notifying the District Attorney immediately of any address that she will be stoying at prior to the hearing if it is any other address than that of Charles Stees in East Pennsboro Boraugh Township, BYV --~..._---_.-._- ------- --..._------.".--- Edgar B, Bayley. J, David J, Freed. Esquire Assistant District Attorney TimothY L, Clawges. Esquire Assistant Public Defender CCP Sheriff :prs ~~ ~ sl:J.'/tr~. ~,-p. MARIE L. KRUMSIEK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 97 - JtfN CIVIL TERM BARBARA WILLIAMS and JAMES KENNETH WILLIAMS, PROTECTION FROM ABUSE AND CUSTODY Defcndants TEMPORARY PROTECTION ORDER AND NOW, this 8 -tA day of May, 1997, upon prcscntation and considcration of the within Pctition, and upon finding that thc Plaintiff, Maric L. Krumsiek, now residing at 106 Wcst Vinc Strcct, Shircmanstown, Cumberland County, Pennsylvania, is in immediate and prcsent danger of abusc from thc Dcfendant, Barbara Williams, thc following Tcmporary Order is cntcrcd, The Dcfcndant, Barbara Williams, possibly residing with fricnds at cithcr 102 East Main Strect, Shircmanstown, or 109 Wcst Main Strcct, Shircmanstown, Cumbcrland County, Pcnnsylvania, is hcrcby cnjoincd from physically abusing thc Plaintiff, Maric L. Krumsick, or placing hcr in fcar of abusc, TIle Defc..ddlllls ordered 10 smy away trom lIle I'laulllfr s Icsidc..~~ k.cateEl at I Q6 \!lc~k Viflll <;lrpPI, '>hircmaRstBwR, Cllmbcrl~Rd ("".."t)'. PCRIlS)'I"'";,," rp<iclence which i. cglcly oWllcd by the Plaintiff, Ilnd oUO) ull..1 residencG the PlaintW lll~)' cgt3bli~ 1l1~D""&lIdal1t i! arderea 19 r~fr~ill frnm hflving any direct or inrlirect r.nnt~C't uritlLthe Plalllliff i..duJi..S, but-not-!illlitcJ to,-telephone-and writtcn cnmmllnipotigR5, TIle Defcndant is cnjoined from harassing and stalking thc Plaintiff and from harassing thc Plaintiff's relativcs, TIIC Dcfendant is cnjoined from rcmoving, damaging, dcstroying or sclling any propcrty owncd solely by thc Plaintiff. A violation of this Order may subject the Defendant to: i) arrcst under 23 Pa,C,S. ~6113; ii) a private criminal complaint under 23 Pa,C.S. ~6lI3,1; Hi) a charge of indirect criminal contempt undcr 23 Pa.C.S. ~6114, punishablc by imprisonment up to six months and a finc of $100.00-$1,000.00; and iv) civil contcmpt undcr 23 Pa,C.S, ~6114.1. Rcsumption of co- rcsidcncc on thc part ofthc Plaintiff and Dcfcndant shall not nullify thc provisions ofthc court ordcr, TIlis Ordcr shall rcmain in cffcct until modificd or tcnninatcd by the Court and can bc extcnded bcyond its original cxpiration datc ifthc Court finds that thc Dcfcndant has committcd anothcr cat of abusc or has cngaged in a pattcm or practicc that indicatcs continucd risk of harm to thc Plaintiff. Tcmporary custody of Jamcs Kurtis Williams is hcrcby awarded to thc Plaintiff, Maric L. Krumsiek, A hcaring shall bc hcld on this mattcr on thc ~day of May, 1997, at II: (}O a.m., in Courtroom No. ~, Cumbcrland County Courthousc, Carlislc, Pcnnsylvania. TIIC Cumberland County Shcriff's Dcpartmcnt shall attcmpt to makc scrvicc at thc Plaintiff's rcqucst and without prc-payment of fccs, but scrvicc may bc accomplished undcr any applicablc rulc of Civil Proccdurc, TIlis Ordcr shall be dockctcd in thc officc ofthc Prothonotary and forwardcd to thc Shcrifffor scrvicc, TIIC Prothonotary shall not scnd a copy of this Ordcr to thc Dcfcndant by mail. Thc Borough ofShircmanstown Policc Departmcnt will bc providcd with a ccrtificd copy of this Ordcr by thc Plaintiff's attomcy. TIlis Ordcr shall bc cnforccd by any law enforccment agcncy whcrc a violation occurs by arrcst for indircct criminal contcmpt without warrant upon probablc causc that this Order has becn violatcd, whcthcr or not thc violation is committcd in the prcscncc of thc police officcr. In thc vcnt that an arrest is madc under this scction, thc Dcfcndant shall bc takcn without unncccssary dclay bcforc thc court that issucd thc ordcr, MARIE L. KRUMSIEK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 97 - 2 'f /1 CIVIL TERM Plaintiff vs, BARBARA WILLIAMS and JAMES KENNETH WILIAMS, PROTECTION FROM ABUSE AND CUSTODY Defendants 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 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, court costs will be assessed against you. You may also be required to pay attorney fees to to 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 where you can get legal help. COURT ADMINISTRATOR, 4T11 FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 TIle 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 cOllrt, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. Y 011 must attend the scheduled conference or hearing. MARIE L, KRUMSIEK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97. 21./-/1 CIVIL TERM Plaintiff vs, BARBARA WILLIAMS and JAMES KENNETH WILLIAMS, PROTECTION FROM ABUSE AND CUSTODY Defendants PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa,C.S. 9610 I et seq, A, ABUSE I. TIle Plaintiff, Marie L. Krumsiek, is an adult individual residing at 106 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. The Defendant, Barbara Williams, is an adult individual whose residence is 106 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania, but who may presently be staying with friends at either 102 East Main Street, Shiremanstown, or 109 West Main Street, Shiremanstown, Cumberland County, Pennsylvania. 3, The Defendant, James Kenneth Williams, is an adult individual residing at 412 West TIlirteenth Street, Tempe, Arizona, 4. TIle Plaintiff and Defendant arc mother and daughter. Plaintiff (mother) is seventy- two (72) years old and Defendant (daughter) is forty-eight (48) years old, 5, Since at least May 1996, the Defendant has knowingly engaged in a course of conduct or repeatedly committed acts towards the Plaintiff, including making threats and instigating altercations under circumstances which have placed the Plaintiff in reasonable fear ofbodily injury, TIle Defendant has attempted to cause, and has intentionally, knowingly, or recklessly caused, bodily injury to the Plaintiff, and has placed the Plaintiff in reasonable fear of imminent serious bodily injury. l11is has included, but is not limited to, numerous instances resulting in intervention by the Shiremanstown Borough Police Department. TIlis has also included, most recently, an incident on May 7, 1997, at which time the Defendant attempted to strike the PlaintilTwith the Defendant's son's rollerblade and physically attacked PlaintilTsudl that PlaintilTwas forccd to raise her arms to protect herself. At seventy-two (72) years of age, the PlaintilTis not longer in a position to tolerate this behavior on the part of her daughter, 6, TIle PlaintilTbelieves 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, TIle PlaintilT desires that the Defendant be prohibited from having any direct or indirect contact with the PlaintilT including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements, 8. The PlaintilT desires that the Defendant be enjoined from harassing and stalking the Plaintiff, and from harassing the Plaintiff's relatives, 9, The PlaintilT desires that the Defendant be enjoined from removing, damaging, destroying or selling any property owned solely by the PleintilT, B, EXCLUSIVE POSSESSION 10. TIle home from which the PlaintilT is asking the Court to exclude the Defendant is owned solely by the Plaintiff. C, REIMBURSEMENT FOR COST OF CASE I I. The PlaintilT asks that the Defendant be ordered to pay reasonable attomey's fees to the PlaintilT, D, CUSTODY 12. The PlaintilTseeks custody of the following child: Name Present Residence DOB James Kurtis Williams 106 W, Vine Street Shiremanstown, PA 1701 I 01/28/88 Since his birth, the child has resided with the following persons and at the following addresses: Name Plaintiff Plaintiff and Defendant Address 106 West Vine Street, Shiremanstown, PA 106 West Vine Street, Shiremanstown, PA Date 05-07-97 to present 05-29-96 to 05-07-97 Prior to May 7, 1996, the child had lived either in the Plaintiff's home or alternatively, in Arizona where his father resides, depending upon where the Defendant, his mother, was living at the time. The PlaintifTis the grandmother of the child and currently resides at 106 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania. She has standing to seek custody because since May 29, 1996, she has stood in loco parentis in regard to this child in that the mother, due in part to her alcohol problem, has shown a complete disregard for the care of the child and has demollstrated a clear inability to provide that care. In the absence of such a care, the Plaintiff, the child's grandmother, has assumed this responsibility, The father of the child, James Kenneth Williams, resides at 412 West Thirteenth Street, Tempe, Arizona, He has not seen his child since May 29, 1996, but has had occasional telephone contact and has occasionally forwarded money and gifts to the grandmother for the benefit of the child, 13. The Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 14, The Plaintiffhas no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 15. TIle 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, 16. TIle best interests and pemlnnent welfare of the minor child will be met if custody is granted to the Plaintiff pending a hearing in this matter for reasons including: a. TIle Plaintiff is a responsible grandparent who can best take care of the minor child, and has provided for the emotional and physical needs of the child since at least May 1996. b. TIle Defendant has shown by her abuse of the Plaintiff that she is not an appropriate role model for the minor child. c, TIle Defendant has shown by her disregard of her parental responsibility, her continued drinking, and her ongoing inability to provide care for the child, that she cannot provide such care for the child. d, Based upon information provided to the Plaintiff by the Defendant, the father of this child is not a resource at this time due to allegations, and possible criminal charges, resulting from the father's alleged physical abuse of this child, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7,1976,23 Pa,C.S. 96101 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:" I. 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, 3. Ordering the Defendant to refrain from harassing and stalking the Plaintiff and from harassing the Plaintiff's relatives. 4. Prohibiting the Defendant from removing, damaging, destroying or selling property owned solely by the Plaintiff. 5. Ordering the Defendant to stay away from the Plaintiff's residence located at 106 Wcst Vine Street, Shiremanstown, Cumberland County, Pennsylvania, and any other residence the Plaintiff may cstablish, 6. Granting temporary custody of James Kurtis Williams, 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 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, 4. Prohibiting the Defendant from removing, damaging, destroying or selling property owned solely by the Plaintiff, 5. Ordering the Defendant to stay away from the Plaintiff's residence located at 106 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania, and any other residence the Plaintiff may establish. 6. Ordering the Defendant to pay reasonable attorney's fees to the Plaintiff. TIle Plaintiff further asks that certified copies of this Petition and Order be delivered to the Shiremanstown Borough Police Departments which has jurisdiction to enforce this Order. TIle Plaintiff prays for such other relief as may be just and proper, COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 17. The allegations of Count I above are incorporated herein as iffully sct forth. 18. Thc bcst intercst and pcnnancnt wclfarc of the minor child will be scrved by confirming custody in thc Plaintiffas sct forth in paragraph 15 ofthc Petition. WHEREFORE, pursuant to 23 Pa. C.S, 95301 ct ill" and othcr applicablc rulcs and law, thc Plaintiff prays this Honorablc Court to award custody ofthc minor child to her. Thc Plaintiff prays for such other relicf as may bc just and propcr. Respcctfully submittcd, ~l~~~ko', ~ ROBERT PETER KLINE, ESQUIRE 331 Bridgc Strcct, Suitc 350 Post Officc Box 461 Ncw Cumbcrland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff , MARIE L. KRUMSIEK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. BARBARA WILLIAMS and JAMES KENNETH WILLIAMS, Defendants NO. 97-2419 CIVIL TERM IN RE: CUSTODY ORDER OF CQQBI AND NOW, this 14th day of May, 1997, a hearing was scheduled on the protection from abuse complaint and that matter has been resolved. The parties have also agreed to a temporary order of custody for the child of Barbara williams, and, therefore, the Court will enter the following temporary order of custody: By agreement of the parties at a hearing before me, the Court awards joint legal custody of James Kurtis Williams, born January 28th, 1988, to his grandmother, Marie L. Krumsiek, and to his mother, Barbara Williams. The Court awards temporary physical custody of James Kurtis Williams to his grandmother, Marie L. Krumsiek, and if the parties are not able to work out the times which James can be with his mother, upon petition to me I will set up a hearing and enter such an order at that time. I am not sure whether the father had notice of this hearing today; however, notice was sent. Should he wish to assert his rights for custody, he may do so by petition, and I - .' will set up a hearing accordingly. By the Court, C'\J rold E. Sheely, P.J. \= ......- .- Robert P. Kline, Esquire For the Plaintiff Barbara Williams 106 West Vine street Shiremanstown, PA 17011 James Kenneth Williams 412 West 13th Street Tempe, AZ 85281 c.v.,1.u..(~ (\'l...;.LL S' I,). ....11/1 . ...!.'t', :1fh ~ This order shall remain in effect for one year or unless modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates risk of harm to the Plaintiff. The Borough of Shiremanstown Police Department will be provided with a certified copy of this order. 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 be taken without unnecessary delay before the Court that issued the order. When that Court is unavailable, the Defendant shall be taken before the appropriate district justice. By the court, , , >- 0' I.: ('S (~ ,~ ,.": r-.~ <: IlJr:, , ,. <. )'. );( I-I ,-, , ~j(- :, '.- I "I .:! r:l Ilrl ", /.: --1, . : ." I... ~. " ':1.., .' .' r- ,-, () 0\ U COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICe OF PRELIMINARY HEARING COMMONWEALTH OF PENNSYLVANIA Mag OIM No: 09-1-01 OJ Nam. tlon. CHARLES A, CLEMENT, JR. """'.." 1106 CARLISLE ROAD CAMP HILL, PA VS, To~';""" 017) 761-4940 DEFENDANT: r I NAME and AOOf\E99 17011 BARBARA WILLIAMS 106 W. VINE STREET SHIREHANSTOWN, PA 17011 PRELIMINARY ARRAIGNMEN'I': 5/10/98 AT 4:30 P,M, L Dockel No,: Date Filed: 5/10/98 INDIRECT CRUIINAL CONTEMPT (VIOLATION OF P. F . A'. ) (Chargo) (Chargo) NOTICE TO DEFENDANT A complaint has been filed charging you with the offense(s) set forth above and on the attached copy of the complaint. A preliminary hearing on these charges has been scheduled for: Dale: Place: DISTRICT JUSTICE CHARLES A. CLEMENT, JR. 1106 CARLISLE ROAD/CEllAR CLIFF MALL CAMP IIILL, PA (717)761-4940 5/11/98 Time: FIRST AVAILABLE TIME II you fall 10 appear at the lime and place above, a warrant will be Issued for your arrest. Allhe preliminary hearing you may: 1. Be lepresented by counsel; 2, Cross-examine witnesses and Inspecl physical evidence ollered against you; 3, Call witnesses on your behalf olher than witnesses to leslify to your good reputalion only, oller evidence on your behalf and tesllfy; 4. Make written notes of Ihe proceeding, or have your counsel do so, or make a stenographic, mechanical or electronic record of the proceedings, II you cannol aflord 10 hire an atlorney, one may be appointed 10 represenl you. Please conlacllhe office 01 Ihe dlslrlcl Justice lor addlllonallnlormallon regarding the appolntmenl 01 en attorney. II you are dlsebled and require assIstance, pleese conlacllhe Maglslerlal Dlstrlcl olllce allhe address above. II you have any queslions, please calf Ihe above olllce immediately, 5/10/98 Date ~o. r Of\ ,....t()~ ,DlstrlctJuslice ", ",mm'~'" ~pk~ "" ",,,do,,, J,":::;:::~- -- -( )'" ~ SEAL * IF THIS PRELUIINARY ARRAIGNMENT RELATES TO AN "INDIRECT CRHIINAL CONTEMPT" CIIARGE, TilE MATTER WILL BE ADDRESSED TilE NEXT AVAILABLE BUSINESS DAY IN TilE COURT OF CO~II'ION PLEAS. AOPC 629,94 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND POLICE CRIMINAL COMPLAINT , t.lagttt.MJ DI,lIltl Number; COMMONWEALTH OF PENNSYLVANIA VS. 09-1-01 OI,IIIt1.ht.IkINam. Uon C"ARLES A. CLEMENT, JR, Add'... 1106 CarliHu Road l:allll'hil1, PA ,.ltphon. DEFENDANT, I NAM( aIWI AOOfl[ GS I Ilarbura WillialllH \06 W vinu St. ShirulllunHtown. PA 170 II _II Docket No,: Dalo Flied: U 5- I 0-9!l OTN: L .J Ilrtf,ndlnl,flIc-'llllnklty ~ wtIn. 0 Atl." 0 Oil'" o tplpank 0 Hilke ,\mafl(.at'i 0 Ullknowll Otltndtnl,A.KA. DeI.Man'-, Uftftfl lktn.. N\I~' Dial. Orl.ndanll 80(.., fl.KUhty Numbel o.r,ntJanr. GIO 08-3\-/.8 218-52-727/, o.l.ndl"l. V.h"~ InIOfl~.hon 1'1." Numbef Glat. I~"lllbon GIK....'(MWVY) PA p1~n l'\(; ,"l 11m II dhlf ,.,,,Ip,"" l/Nl Cod. ct!IJf.' ff'll 11m /1l-98CRI2 District A"orney's Ollico nApproved nDisapproved becauso: (Tho dl,hlct ollornoy moy loquiro In.l'lho complolnt, olioil wonont oUldovlt. or bolh bo opprovod by Iho ollornoy lor Iho Commonwooilh prior \0 Wing, Po,A.Cr,P, 107,) IN.~ 01 ,,"Olney 'Of Common""..lth .1'1"" P/lnl Of I,~I (5ogn.,"" 01 AllOlII'" IOf Comrnon_aIltl) fOol.' I, Steven O. Lutz n."f'i~( 1/7 IN.lTI4tolAfh.nt.,.......l'unlorT, Shiremunstown Police Department PA-02110 (Ol1g_lIng ~nc., CaN Nllmbe' jOCo4Jl pi"., lladg. Nl,lmbll/l 0 I of (Id,,,tlfy o.p,l1m,nl 01' "'O'''''Y ''-p,nl'''l&d and Pol,llCal SUbdIY,u)nl (PoI,u ",.""y OHI tlllmb<lr) do hereby stalo: (check tho appropriato box) 1, l!J I accuse tho abovo named defendant who livos altho addross sotlorth abovo o I accuse the defendant whose name is unknown to me but whO is described as o I accuse the defendant whose name and popular designation or nickname is unknown to mo and whom I havo therelore designatod as John 000 with vlolaling Ihe penal laws ollho Commonwoallh 01 Ponnsylvanla al I 06 W. V in e S t , ,P\"..PoI'II'alUllbdlYl'lonl Shirumanslown, l'^ 17011 in Cumberlllnrl County on or about M~V 10 1'l'lR Participants wero: (illhore wero participants, place their names horo, repeating thO name 01 above defendant) Ila rba ra Will iamH 2, The ocls com milled by the accused wore: (S'Jllorth a summary 011110 'ncb sullicicnllo adviso Iho dolondanl 011110 naluro ollho ollonso charged. A eUaUon to lho slaluto allegodly violalod, withoul moro,ls nol sulficlonl. In 0 summary COSO, you must cito tho &pecifie seelion and &ubsectlon 01 tho statuto or ordinanco allogodly violatod.) Dufendanl did violate a Protection Frolll Abu He Order, Higned b th llonorab1u Harold E. Shue1y, dated May 14,1997. The order Dlre~ts e that lhe dufendant be enJoinud from physically abusing and harassing and Hla1king the p1ainliff.The defundant did violate this order by pURI\illg, sllovlng,and verbal abuse. C,Q/ 1 :1 ICO'lhnuu!lon 01 No. 21 POLICE CRIMINAL COMPLAINT 3, I ask that a warrant 01 arrest or a summons be issued and that the defendant be required to answer the charges I have made, (In order lor a warrant 01 arrest to Issue, the sUsched sffldavlt 01 probable cause must be completed and 8worn to belole the Issuing authority,) I, I 4, I verify that the facts set forth in this complaint are true and correct to the bust of my knowledge or information I and belief, This verillcalion is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C,S, S 4904) relating to unsworn falsilication to authorities Defendant's Name:8a rbn rn W 111 iams " Docket Number: all of which were againstlhe peace and dignity ollhe Commonweallh of Pennsylvania and contrary 10 the Act 01 Assembly, or in violation of 6113 1&3 (Seellonl ('St,lbMc1lOnl , (SeCtion) (Sllbt.Kllofll 3 (Se<.tionl lSubtecllonl . (SKllOfll (St,lbtKtlonI "':11' In. Steven n. hutz 19 98 , - {SIgnalt,l1 I D , 19 2fi. I ce att 0 laint has been properly ause must be completed in order for a warran issue. Q{xCQ~"Y 2-3 AND NOW. on this date ~ completed and verified, An aflidavit of proba Ie -12,1.":'1>(...:0/ SEAL . .OD/U/08 10:10 FAX 717 761 8D80 D J CLEllENT ~H DIST ATlY lilIODZ DWIcI.bI:Cf .....: ttan. CHARLES A. CLEKENt. JR. -- ' 1106 Cnrlisc Road Clllllphill, fA ,-, '* POLICE CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLV....NIA COUmYOF: CUMBElUJ\ND -"'llla\lkI_ 09-1-01 COMMONWEALlli Of PENNSYLVANIA VS, Dockol No,: oale Aled: 0 5-1 0-9 8 Oll'l: De'ENIl.'NTI I ~~~ , Barbara I/illiams 1D6 1/ vin~ St, Shira~anntovn. PA 17011 L -.J (Wtl'ldMl'1 Sor.W e-w Hun.. ~.... ~tkttt(.~""'" ..... PA OislrlCl Attorney's omco nApproved nOlsapprcved becau,o: (1110 dblricllllolnaf lIIBY '"'lull" b1a1'lho eomplaW, on'oilWOllMtalOd.,iI, 0' both b. opp,,,,,od by lholllolMi lorlho cornmo.....o1lh priotlo lVlIv. PLR.C1P, 107~ ......... NI1/1fnIIY fGl' c...,"...IOll.W''' .f"-" PWA..l,,., ($gutwrlloIJrttoII...,....c..~.....Al&N (lloIoI I, Steven D, ~SL...-...ll=~,i( P 01 Shir~manato~n Polic~ Depart~ent """'" w ....... 1Cft~""'~ PA-0211 ....... do heroby slale: (check tho npproprialll box) 1, l!l I accuse \he abcn-e named dolondanl who liVeS at the address sOl rorth nbOW CJ I B=e lhe delendnnt whoso n:une is unknown to me bul who is desCI1lled as o I accuse lhe delemlanl whoso rU1me and popular deslgnaUon 0( nickname IS oo\<nC1Itn to me and lIIl10m I haVO therefore designated as JOhn 000 wah violating \hll pqnallaws Of the COml1lonwoafth 01 pennsylvanIa al 106 W. V in ~J:.L_ Shiremanstown, PA 17011 in Cumber"1 nnd counly on Of about ~av 10 lqQR h PanlclJXll1lS wero: Of lhore Wllfe panlcipanlS, place thoir names hero. repealing 1110 namo 01 abovo CleIendan1) Barbara Will.iams 2. Tho \Ic:ts committed by the accused wore: (SoI10l1h.......lll'f oIlh.latls ICJ!llcionllo IcMtolh. dol.ndlnlDltho "",... .11110 .non.. chorgod.A<I\olIon 101M ol4!IM llIIogodl1W>1olod, ..nhoullllOR, is nol oulIkl.nt.ln a lumlll8lY COS.. you mualoil. Iho .pteille Mellon end oub..clIon cllholllalulo Of Q!dNl\CIO oIlOlIodIyvlololod.l D~fendant did violate a Protection From Abuse Order. nighed by tbe Honorable Harold E. Sheely, dated May 14.1997. The order Directs that the defendant be 9njoin~d from pbyoically abulling and harassing and stalking the plaintiff.the defondAnt did violate tbis order by pushing. shoving,and verbal abuse. ~~ 1.:1 .... ... .~.. ~ . ' . O~/11/06 10:1~ FAX 717 761 6~60 D J CLIllIENT ~~. DIST ATn' IilI003 Docket Number. . POUCE CRIMINAL COMPLAINT lCon~nuolJon 01 1'10, 2) Delondanl'o N:amO:Blu:barll. 1il1l11nmll an 0( which were agalnst tho peaco anel dignity of the Commonwealth of Ponnsylvania and contrlIIY tD the fv;;t of Assembly, Of In violation 01 4i 113 1&3 .....23 'PA l' ~ Pond" 1 - ~ "'- """"' .. ..... - - rn_ "...... .. d... _I - C"A_ - """" ~ f'A_ - 3. I ask lt1al a warrant of arrest or a lM11ll1ons be Is$uod and lhallho defondant be required to answer1he chargoS I haW made. (In order for II warfllnt of arrClet to IsGue, the attached allidavit of probablo cauaG must be completed and lIWOfJ\ 10 befOlllthO 15SU1ng authOrtty.) 4. I verlfy that the faas SOl lorth In this complaint IIJU truo nod carroct to the best 01 my knawledge or inlormallon and belief. ll\\s veril1cat1on Is made subjeClto tho penalties Df $ectlOn 4904 01 the Crtmes Code (18 PA. CoS. S 4904) relating to unsworn falsilCalion tD authOl1tlOS. 4 ..... May 1n. Steven n. 'butz 1998 , - AND NOW, on this date ~ I 0 ,19~ce CO completed and verinocl. An amllllvll of probab~ must bo complolad III order tor a .0.,,_ ~-J.-o ( m..~ has beeo property issUe. SEAL : 05/11/98 10: 15 FAl 717 781 8580 D J CLEllENT ~H DIST AnY 1ilI004 PVL.I\"l: CRIMINAL COMPLAINT Do/cmdant'S NiIIlle: Barbara Williams Dockol Number: . AFFIDAVIT of PROBABLE CAUSE Street ~~i~:~a~~t~~:8F:tf~302 this officer rospondnd to 106 W. Vine And Marie Krumsiok w~re Ar;u~n:~m~~~;~id~S~Ui~' ~n arrival Barb Williams arriVAl Barb pushed shoved d 0 0 t 10 officer cbat upon obsarved an abrauio~ to Msri:n~rvar~a~~1 lAbufoed hor. Thio officar alao this day. umB U · e t forearm wicb hsppand on I, Steven D. Lutz ,BEINGDULYSWORNACCORDINc;1lO LAW. DEPOSE AND SAY THAT mE FACTS SET FORni IN "THE FOREGOING AFADAVIT ARE mUE AND CORRECT TO TliE BEST OF MY KNOWLEDGE, INFORMATION AND eEUEJ'. : c:'~~~~ Swam 10 mo and subsCllbed before me thlS~ day 01 ~- . 1 liB . ~Da19 Ofr(y)~~ ,DistrIclJusUCO My commission expires fll'$l Monday 01 JanuaI}', _, ' SEAL = J-J 'nC~12o(ll/VOl . ...... .....-