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Home My WebLink About97-02806 ~ ....... ~ \ \ I / / I , i . ~ purpose of facilitating custody arrangements, 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 and the day care facility of her minor chi 1dren. The defendant is enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. g6113; ii) a private criminal complaint under 23 Pa.C.S. g6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. g6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. g6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify 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 another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of Cody J. Ditzler, is hereby awarded to the plaintiff, Kimberly A. Huyck. A hearing shall be held on this matter on the ~A'~y of ~ 1997, at ?:3lJ IY.m., in Courtroom No.2, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. 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. The Middlesex Township and Lower Allen Police Departments will be provided with certified copies of this Order by the plaintiff's attorney. 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. (23 Pa.C.S. g 6113). By the Court, Judge v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- .) YO (, CIVI L TERM PROTECTION FROM ABUSE AND CUSTODY Kimberly A. Huyck, Plaintiff Keith D. Ditzler, Defendant PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. g 6101 et seq. A. ABUSE 1. The plaintiff, Kimberly A Huyck, is an adult individual residing at 341 Maple Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Keith D. Ditzler, (SSN: unknown)(Date of Birth: 1/6/69), is an adult individual residing at 517 Pine Hill Drive, Pine Grove, Schuylkill County, Pennsylvania 17963. 3. The defendant is the father of the child. 4. Since approximately 1995, 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 limited to, the following specific a. On or about May 18, 1997, the defendant grabbed at the plaintiff's breasts, blocked her from exiting the bedroom, and restrained her in the corner. As the plaintiff attempted to leave the room, the defendant grabbed her tight around the neck, dropped his hands around her waist, and tightened his grip as he pulled her onto the bed. When the plaintiff was allowed to leave the room, the defendant asked his son to get him the biggest knife in the kitchen. The plaintiff returned to the room and found the defendant on the bed with a butcher knife in his hands striking at his wrists and poking at his side with the sharp edge causing the plaintiff to fear for her safety and that of her children. Later in the day, the defendant pushed the plaintiff backwards into the counter causing bruises on her back, knocked a glass and a jar across the room shattering them over the floor, and broke the telephone and answering machine as the plaintiff attempted to telephone for help. The plaintiff and the children left the residence, called the police, and the defendant was arrested and charges were filed. b. On or about March 19, 1997, the defendant threatened the plaintiff saying that if she called the police to have him removed from the residence, "she would regret it," causing the plaintiff to fear for her 2 safety. c. On or about March 4, 1997, the defendant grabbed the plaintiff by both of her wrists and shoved her backwards into the bedroom window causing her to hit her elbow and shoulder. d. In or about December 1996, the defendant, refusing to allow the plaintiff to leave the residence, blocked the car door so she could not get in. When the plaintiff was able to get into the car, the defendant pinned her to the seat, grabbed the keys from the ignition, and took them into the house. When the plaintiff asked for her keys, the defendant told her that she could not leave, grabbed her by the front of her coat, and threw her onto the bed causing the plaintiff to fear for her safety. e. Since 1995, the defendant has grabbed, shoved, pushed, threatened the plaintiff. The defendant has thrown several items at the plaintiff such as: ash trays and snuff can, causing her to have to move to avoid being hit. The defendant has thrown glasses, broke several phones, and several answering machine causing her to fear for her safety. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of a~use from the defendant and that she is in need of protection from such abuse. 3 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. 8. The plaintiff desires that the defendant be restrained from entering her place of employment and day care facility of her minor children. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. B. EXCLUSIVE POSSESSION 10. The mobile home which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented in the defendant's name. 11. The defendant is currently residing at 517 Pine Hill Drive, pine Grove, Schuylkill County, Pennsylvania. C. SUPPORT 12. The defendant has a duty to support the minor child. 13. The plaintiff is in need of financial support from the defendant. 4 or any other jurisdiction. 21. 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. 22. 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 emotional and physical needs of the child since his birth. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. g 6101 ~ ~., 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 7 including, but not limited to, telephone ond written communications, except to facilitate custody orrangements. 3. 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 or the day care facility of her minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selllnH property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 341 Maple Lane, Carlisle, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the portles' child. The defendant sholl remain In his vehicle at all times during the transfer of custody. 7. Granting temporary cuatody 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: 8 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 entering the plaintiff's place of employment or the day care facility of her minor children. 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 341 Maple Lane, Carlisle, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' child. The defendant shall remain in his vehicle at all times during the transfer of custody. 9 <) [;.: en ..... q i-=4 -" LO 1:,"'-' i~ ,-:'f" n) , , f~' , ~ ;-- ~ " ()' "-. J' ';"~ 0 L." r-. , I. N , V " e:: \" .-- ,.- ~ ~'j .- ,,l,. d L~. ,-. ," Ll '''' .:.) .' 1,..> . \ 1"0 u- 0:, " " C) ~ J >- Cl a- ,- ~; ~ - ~. I..!...I r-~ (:~ - C1.. . 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