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HomeMy WebLinkAbout97-02770 ~ ..... . .. .!) . ~ t-. <<i . I t-.! ~ ~ , \ FRANCES GEORGIA DINGLER, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY. PENNSYLVANIA : NO. 97- ;:)'1 '1 0 CIVIL TERM LARRY DAVID KUHNS, Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this ~ of May, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Frances Georgia Dingler, temporarily residing at an undisclosed location for her protection and to avoid further abuse. is in immediate and present danger of abuse from the defendant, Larry David Kuhns. the following Temporary Order is entered. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about the plaintiff except by further Order of Court. The defendant, Larry David Kuhns, (SSN: Unknown}(DOB: 10/?/47), now residing at ] ]09 Apple Drive, Apt. 4. Mechanicsburg. Cumberland County, Pennsylvania. is hereby enjoined from physically abusing the plaintiff, Frances Georgia Dingler, or from placing her in fear of abuse. The defendant is excluded from the residence located at 1109 Apple Drive. Apt. 4, Mechanicsburg. Cumberland County, Pennsylvania, a residence which is jointly leased by the parties and the defendant's step-father (who does not reside there), and is ordered to stay away from any residence the plaintiff may in the future establish for herself. 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. Thc dcfcndant is cnjoincd from harassing and stalking thc plaintiff and from harassing hcr relativcs. Thc dcfcndant is cnjoined from entcring the plaintill's place of employment. The defendant is cnjoined from rcmoving. damaging. destroying or selling any property owned jointly by the parties or owned by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. fi6113; ii) a private criminal complaint under 23 Pa.C,S. fi6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C,S. fi6114, punishable by imprisonment up to six months and a fine of$IOO.OO-$I,OOO,OO; and iv) civil contempt under 23 Pa,C,S, fi6114,I, Resumption of co-residence on the part of the plaintiff and defendant shall not nullity the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practicc that indicates risk of harm to the plaintiff. A HEARING SHALL BE HELD ON THIS MATfER ON '177", (3 ;J Ii' , 1997, AT I,' 3 CJ I' ,M., IN COURTROOM NO...!:/-, OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sherill's Department shall attempt to make service at the plaint ill's request and without pre-payment of fees. but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketcd 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. FRANCES GEORGIA DINGLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.97- .2 710 CIVIL TERM LARRY DAVID KUHNS, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT,23 Pa,C,S. ~6101 et seq. A. ABUSE 1. The plaintiff, Frances Georgia Dingler, is an adult individual temporarily residing at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 2. The defendant, Larry David Kuhns, (SSN: Unknown)(DOB: 10/?/47), is an adult individual residing at 1109 Apple Drive, Apt. 4. Mechanicsburg. Cumberland County, Pennsylvania 17055. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately January, 1997, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed her in reasonable fear of imminent serious bodily injury, has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed her in reasonable fear of bodily injury. This has included. but is not limited to, the following specific instances of abuse: a) On or about April 26, 1997, the defendant punched the plaintiff about her anns and in the face knocking her to the floor, grabbed her by the hair, jerked her head about violently pulling out clumps of her hair, and drew his leg back to kick her. stopping only when her mother entered the room and screamed. The plaintiff sustained a bruised and swollen eye. blurred vision. headaches, bruising about her arms, and swelling and sorcness about her hcad as a rcsult of this incidcnt. b) In or about late March, 1997, the dcfendant shoved the plaintiff onto thc bed, choked hcr, straddlcd hcr, grabbcd her by thc hair violently jerked hcr head about striking it against the wooden bed frame. and threatened that he would see to it that no one would look at hcr again. The plaintiff sustained redness and sorencss about her neck, and swelling and soreness about her head as a result of this incident. c) In or about February, 1997, the defendant punched the plaintiff about her arms and shoulders. grabbed her by the neck. and choked her. The plaintiff sustained bruising about her arms and neck, and soreness about her neck as a result of this incident. d) In or about January. 1997, the defendant pushed and shoved the plaintiff about and punched her about the arms. S. On or about, 1997, the plaintiff left her residence at 1109 Apple Drive, Apt. 4, Mechanicsburg. Cumberland County, Pennsylvania, in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she return to the home without the defendant's exclusion and that she is in need of protection from such abuse. 7. 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. 8. The plaintiff desircs that the defendant be enjoined from harassing and stalking her, and from harassing her relativcs. 9. The plaintiff desires that the defendant be restrained from entering her place of employment. 10. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. B. EXCLUSIVE POSSESSION 11. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the names of Frances Georgia Dingler. Larry David Kuhns. and his step- father. 12. The plaintiff currently has no place to stay except the apartment, and the defendant has family and mends in the area with whom he can stay. C, REIMBURSEMENT FOR COST OF CASE 13. The plaintiff desires that the Court order the defendant to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources. in lieu of attorneys' fees, as reimbursement for the cost oflitigating this case and assessing a $25.00 surcharge and court costs to the defendant if the case goes to hearing. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P.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" I. Ordering the defendant to refrain from abusing the plaintiff or from 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 rcfrain from harassing and stalking the plaintiff and from harassing hcr relatives. 4. Prohibiting the defcndant from cntcring the plaintil1's placc of employmcnt. S. Prohibiting thc defendant from removing, damaging, destroying or selling propcrty jointly owned by the partics or owned by the plaintiff. 6. Granting posscssion of the apartment located at 1109 Apple Drive, Apt. 4, Mechanicsburg. Cumberland County, Pennsylvania, to the plaintiff to thc exclusion of thc defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself 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: I. Ordering the defendant to refrain from abusing the plaintiff or from 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 defcndant to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. Prohibiting the defendant from entering the plaintil1's place of employment. S. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. \ s , . (;) .. r- II- .:. ... . '"' ~ :~ .... n, t:. cr. f::' r'~ ~ I" f -" (I: t... -. o. r . C:J . cr, r. C. - .. .,.. L' '. ~'j " L:. - .:i l! \"". <.,) <.:' W FRANCES GEORGIA DINGLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYL VANIA : NO.97-2170 CIVIL TERM LARRY DAVID KUHNS, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, by and through her attorney, moves the Court for an Order generally continuing the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on May 23, 1997, scheduling a hearing for May 28. 1997, at 1 :30 p.m. 2. The Cumberland County Sherifl's Department served the defendant with a certified copy of the Temporary Protection Ordcr and Pctition for Protection Ordcr on May 23, 1997, at his residence at 1109 Apple Drive, Apt. 4, Mechanicsburg, Pennsylvania. 3. The parties agree that the hearing be generally continued to facilitate the signing of the Consent Agreement. 4. The plaintiff requests that the Temporary Protection Order remain in effect for one year or until modified or terminated by the court after notice and hearing. 5. A certified copy of the Order for Continuance will be delivered to the Mechanicsburg Police Department 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 until further Order of >- 0, '- c-;-: ...:. '=-, -.;r ~l ~_ Lt! ~. !;~ (+'(- , ~.,.. p:... .... '. . ~. )-.:1 gq r. IiI f" ("'~) .U? C'~ ~:': :...... lfn (. :::~ :'~~ '.L. .- .j c; (... L.)- , FRANCES GEORGIA DINGLER. PlaintilT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. 97-2770 CIVIL TERM LARRY DAVID KUHNS, Dcfcndant : PROTECTION FROM ABUSE 'lnln PR AND NOW, thi;~ day of , 1997, upon considcration of thc Conscnt Agreement of the parties. the following Ordcr is entcrcd: I. Thc defendant. Larry David Kuhns. is cnjoincd from physically abusing thc plaintiff, Frances Georgia Dinglcr. or from placing hcr in fear of abusc. 2. The defendant is enjoincd from having any direct or indirect contact with the plaintiff including, but not Iimitcd to, tclcphone and writtcn communications. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. The defendant is prohibited from entering the plaintiffs place of employment. 5. The defendant is prohibited from removing, damaging. destroying or selling any property owned by the plaintiff. 6. The defendant is excluded from the residence located at 1109 Apple Drive, Apt. 4, Mechanicsburg, Cumberland County, Pennsylvania, and is ordered to stay away from any residence the plaintiff may in the future establish for herself. 7. Court costs and fees are waived. 8. This Order shall remain in effect for a period of one (I) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. This Order shall be FRANCES GEORGIA DINGLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 97- ~ 71() CIVIL TERM LARRY DAVID KUHNS. Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT 'I- Ju. ,. Co. This Agreement is entered on this :;1.4 day of .May. 1997. by the plaintiff, Frances Georgia Dingler, and the defendant, Larry David Kuhns. The plaintiff is represented by Joan Carey of LEGAL SERVICES. INC.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Larry David Kuhns. agrees to refrain from abusing the plaintiff, Frances Georgia Dingler, or from placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including. but not limited to. telephone and written communications. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiff's relatives. 4. The defendant agrees not to enter the plaintiff's place of employment. 5. The defendant agrees not to remove. damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 6. The defendant agrees to stay away from the plaintiff's residence located at 1109 Apple Drive, Apt. 4. Mechanicsburg, Cumberland County. Pennsylvania, and the defendant agrees to stay away ITom any residence the plaintiff may in the future establish for herself. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 6; 'Cl t """ ..~ ,.. ~ ~j...,. lJ)~~ (.l ": ( ,"-. - . "0',., rf;'CI ". ......;- L:: ;~~;- -...; :"~1;~! 9..... 0 C),: _I.~:! L!JC..:. co, if!i!.' ::J' ":;::..' ..... j ~.t -. .~. , j" =--1 :'~!t'" 1.:. I' S 0 01 .:.J