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Home My WebLink About97-02620 - . ,5 . o l'1 , ~! ~I ~I ~ " ,14 ~ iZ '" ( II: .. III UJ i: _ a: WON UJ .... C~O-CO ;; a:gci 'i - \Ai a: Z Il'J O::z: Zcg m fl)CL\J'" ~ caa:Q._o UJ . ct . to- ..... C:..J_ en Zu:::!!: a: Ocr: &.i l&JCOa.Z Z Gf;l2 0 ~ :z: N of:Z: o cnNUa. ~g wr. z..> ~O::j ..z.. w... ~~~ '. ;6~ '. ll:t a: O~O a:_w ~~il ..O~ ~~Ri' "'0 ii~~ j~1Q .~~ '0. ::u..:i: ::o:tcn ;.:,,,.... ~~~ Z~S ~_u :i~~ w" ~IZ ~O .'i..:~ -"U :~i! -::;.... '0" ~O~ :ou ~ o z I" Ii! ~ !ll:~ N~~ 00' Z~l:i ~Ow OUt: ~zw Z;~ O~.. zw ~ouci <~ZZ E"~G lIl~i~ a:O~ $11.... U)-~~ :1"04 a:::i:VI... t:tt:zg >WQx II",Vlt: 0:1>:;: :n~~Z "0 N~,,~ P.:t~g ~>mcr. l- un...... ~o~~ KWwD w~:t w~....:J 1:....:rw ..."'....:t ~~E-~ ... ~ i -1. h 0" ;:1 u~ o . \ \ ~ .; ~ ~ i.Lf". '" do.. '\Jb.~.. '11_ '0 lIlI '.'a".. 1'\", \~.. %C'\ '" ..~ ' "i). 0:. fI.. ... ' ~ ~~ u). ~ '0'" '!l'!l~ ~ .()6,~ - ~ {-t? ~~:.~ h .ro '\ ~6, lS;o ' i '~ ' ~~li~ :;~ ~ :51~ ~5 ,\.;\ ~ ' e2r!l.J ~.... %,.. 5 -'!: '~. .~!lo "i! ., ','. I' 121i~., ~ I .il. ,\" 1\ )- ,; ~j. ~~~f i;;\.. ','~':\\: . b'1 't' :: ~h~' ~.. . I; <i ~~o~:c ~8 '. i ';> I LIIIUZII'I ~;! '.. I, :Js:!Oc.... U ... I figZ~li ~j '1.:1 CJ> ","'2 ",," _ 'E ~ ...~o::~ "'0 ~ 0, II: ~g:i~~ ~~ " E .. ..u~Su :~ I _ VI ::ow....g go \. -~::..a:: ~~ N ~~~~o <~ \ m c:tii!ou~ ulIl l:~IIoj:~ go~ 'Z a:~uQC ...~c :5~~.... ~"'L ~UI/'IC~ ~ 2 ....a:IIoj~~ uio I ~ I. .1r.11~ ~\~j y o~~d K' V lIU!ii~ t i "101;0, r ~ {I ;i~ : ~~id:r" ~ fi "I +1~rEid II_OJi u J. l ';6" It I I liii~l~i : [ V I!I : i ;~/:i~~~ [l lJ.}. ~ ;t!. ~rll _~ _ _ '(~i · ~ :IlJu I ; clj zl= z" " ~ i '~ '~ ~\ ~ ~ I '0 H I L2 . .. I I .. 0 , '. ~ H , . ! '", . i III 0 a: f- .. III Z a: a: .. III .... .J ;J ~ i5 I I III U : ~ \ 1'. " O. \ oS- .. .. . . .. I I 'B J, ~ !,. ~ . .. -: , t. " I~! n t i." ~a ~ ........... ".-.. . ':.' 'll!' ~ ~ I t ~-: 11 '. II.. · 'O~ fir"j ! ! ! 1: ~. ... i )1 .I ll....IIIJ\.~I~. i i l!~' ,.~t ~i~ '-1'11 ~t~III~I~fU'J! 'II 'II fill)' j'!1 '~~ rHH ,..) 1'l5 1I.21l!l B hi i~~~t~t iillj' HiHU l':'l5 ~.h.h./;'~ in _ H ~ ~ ~ . on ~ ci f .. :; a. In or about April 1997, the defendant ran towards the plaintiff, screamed at her, and pushed her with both his hands so that her hip hit a corner of a piece of drywall causing bruising. The defendant then pushed the plaintiff again causing her to scrape the palm of her hand on the drywall. The plaintiff's boyfriend intervened, and when the plaintiff turned to leave the area, the defendant started toward her in a threatening manner causing her to fear for her safety. b. On or about February 26, 1997, when the plaintiff's mother was at the plaintiff's house, the defendant threatened that the plaintiff was going to "get hurt and get hurt bad." Fearing for her daughter's safety, she called the plaintiff and told her what the defendant said which caused the plaintiff to fear for her safety. c. On several different occasions since September 1996, the defendant has shoved the plaintiff and screamed at her causing her to fear for her safety. On one occasion in November 1996, the defendant forcefully punched the plaintiff in the head, and when the plaintiff contacted the police, the defendant was charged 101 th harassment.. On other' oceas ionll the defendant has blocked the plaintiff's access to the main road with his vehicle and has come to the 2 plaintiff's door preventing her from leaving her residence and causing her to fear for her safety. 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 from the upper level of the residence at 2251 Orchard Road, Camp Hill, Pennsylvania, 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 her including, but not limited to, telephone and written communications, except communication between the parties' attorneys. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. 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. R. F.XCI.lJSIVF. POSSF.SSION 9. The home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of the plaintiff and the defendant, but they each of their own separate living quarters. The plaintiff lives on the upper level and the defendant lives on the lower level. 3 C. I.OSSES AND RF.THnURSEHF.NT FOR COST OF CASF. 10. As a result of the defendant's abuse, the plaintiff sought counseling in March of 1997. The plaintiff requests that the defendant pay for any costs that are over and above what the plaintiff's insurance company pays for the counseling sessions until the counselor deems that the counseling is no longer necessary. 11. 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. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. ~ 6101 et seo., 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. OrdeI'ing 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 between the parties' attorneys. 3. Ordering the defendant to refrain from 4 harassing and stalking the pLaintiff and from harassing the plaintiff's relatLves. 4. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 5. Excluding the defendant from the plaintiff's upper level portion of the residence located at 2251 Orchard Road, Camp Hill, Cumberland County, Pennsylvania, pending a final order in this mattel'. 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 between the parties' attorneys. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibll.ing the defendant from removing, 5 , i.-~ ,-. 0 j -~ ':l h,t . I '.:-:-: . ~ ( '. .'- ~ .' ' .': , , ; Co 2., , 'j ~ -,0 .' ., '-1 c:: J.... ~ .-..~ " f,- . " ; ;.u '" .~ , , ,",- <-; r- .~...: . c., (} (' ~- I ~J '-Jl ~ 1.0 .:- - 'i 1 J ,;... ~ .~ j r' unloading objects which he had purchased at a sale from a truck. Plaintiff came from the residence on said premises over to where Defendant was unloading and there initiated an argument and became very antagonistic and aggressive and proceeded to follow 6. Defendant into the garage into which he was unloading items and to intentionally pull down the overhead garage door onto and about the head. shoulders, and body of Defendant, whereby he suffered substantial injuries on or about the neck, head, shoulders, left arm, wrist and hands; and as a result of such conduct, Defendant has been compelled to receive medical attention including attendance by a doctor and has incurred medical expenses. 5. The Defendant believes and therefor avers that he is in immediate and present danger of abuse from the Plaintiff should he remain in the home without the Plaintifrs exclusion from the lower level of the residence at 2251 Orchard Road, Camp Hill, Pennsylvania, and that he is in need of protection from abuse. 6, The Defendant desires that the Plaintiff be prohibited from having any direct or indirect contact with him including, but not limited to, telephone and written communications, except communications between the parties' attorneys. 7. The Defendant desires that the Plaintiff be enjoined from harassing and stalking the Defendant. and from harassing the Defendant's relatives, 8, The Defendant desires that the Plaintiff be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties, B. EXCLUSIVE POSSESSION 9. The home from which the Defendant is asking the Court to exclude the Plaintiff is owned in the names of the Plaintiff and the Defendant, but they each have their own separate living quarters, The Plaintiff lives on the upper level and the Defendant lives on the lower level. Defendant asks the court to direct exclusive possession of these portions of the premises to the respective occupants. C. LOSSES AND REIMBURSEMENT FOR COST OF CASE 10. As a result of the Plaintifrs abuse of November 1996, the Defendant sought medical attention and follow-up treatment. An action in trespass has been filed to No. 97-1518 and is still pending. II. The Defendant asks that the Plaintiff be ordered to pay $250.00 for Defendant's attorney's fees for the cost of litigating this case, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 Pa,C.S. ~6101 et ~" as amended, the Defendant prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act": I. Ordering the Plaintiff to refrain from abusing the Defendant or placing him in fear of abuse. 2. Ordering the Plaintiff to refrain from having any direct or indirect contact with the Defendant including. but not limited to. telephone and written communications, except between the parties' attorneys, 3. Ordering the Plaintiff to refrain from harassing and stalking the Defendant and from harassing the Defendant's relatives, 4. Prohibiting the Plaintiff from removing, damaging, destroying or selling property jointly owned by the parties. 5. Excluding the Plaintiff from the Defendant's lower level portion of the residence located at 2251 Orchard Road, Camp Hill. Cumberland County, Pennsylvania, pending a final order in this matter. 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 Plaintiff to refrain from abusing the Defendant or placing him in fear of abuse. 2. Ordering the Plaintiff to refrain from having any direct or indirect contact with the Defendant including, but not limited to. telephone and written communications, except between the parties attorneys. 3. Ordering the Plaintiff to refrain from harassing and stalking the Defendant and from harassing the Defendant's relatives. 4. Prohibiting the Plaintiff from removing, destroying or selling property jointly owned by the parties or owned solely by the Defendant. 5. Excluding the Plaintiff from the Defendant's lower level portion of the residence located at 225\ Orchard Road, Camp Hill, Cumberland County, Pennsylvania, 6. Ordering the Plaintiff to pay for any costs. 7. Ordering the Plaintiff to pay $250.00 for Defendant's attorneys fees for the cost of litigating this case. The Defendant further asks that this Petition be filed and served, pending further order at the hearing, and that a certified copy of this Petition and Order be delivered to the Lower Allen Township Police Department which have jurisdiction to enforce this Order. The Defendant prays for such other relief as may be just and proper. 'J "Z..' ..' .. ~., .' !-. .0 0 . -.J , ~I' - , t r: ..' . !J < <',- f.,) '" . ~:J r, r', :9 ~ : .-;1 '-'J ,^}-: ,.() . .'j(n "I ",l .t~. 'll \0 ~< SHERRY E, KISER, PETITIONER/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHELDON D. KISER, RESPONDENT/PETITIONER 97-2620 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of May, 1997, IT IS ORDERED: (1) The petition of Sherry E. Kiser for the entry of a protection from abuse order, IS DISMISSED. (2) The temporary order entered on May 16, 1997, IS VACATED. (3) The petition of Sheldon D. Kiser for the entry of a protection from abuse order, IS DISMISSED. Joan Carey, Esquire For Sherry E. Kiser . 'll .!if!><l/Il'1. 0_ ec.~~u.41) ("1\4.(1... ':., . > .\l, John H. Broujos, Esquire For Sheldon D. Kiser :saa