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HomeMy WebLinkAbout97-05618 ~ .& , t: r ~ ." 3 ~ - . . :l . ... Clo.. '- ~ . t' '" ~ \ " \ , " ,d" ' - ,I l " , , . {,.l~ ,L ~.~:~: -.'K.: ~'\ \,. ,'J " \' \ ~- '" "- '0 ~ ,~ . ~. \,~ " ~~ "- ,\.j \i1 ~ ", ....~ ',' " "I .. ~~ ~'vl ,~ '\~ \~ ~ ~i " "( ," ;. 1:,. ~ '- ; , I, , , ; L, 1 '.' c ". ~ ~) l, "~ ':' c; III < 0: l&I 1&11&1 ..:I Q> 1&1 p. . . 0:.... III iH Cl o Eo< ::> zEo< . H Q U Xa:l ~ oZ 0 I&IYl 0:< f5 0 ~::>< a:l ..:I > Eo< 1&1 5 t- o.... 0.... 0 ....0 Eo< X t ~ oUz Yl.... a:l.., Eo< 0: 0 11 ~ :! :s U Q< :c'... Oc:: Up. 0: ..:10: in ~ > Eo<'" 1&1", 1&1 ....e... S ~ ra.~..:I c:: . :c'O Eo< 0: 1&1 > ~ ~ O..:liH .,... > Eo<c:: ooQ ....z Eo<O:~ p.", Ql 0:ra.0: uo ~ ~ ... ..... p. 0 .... ~ ~ ..:l&I:z :cp. ..:IQl :z r-Eo< oa:ll&l Eo< iHQ >00 "'u 5 Offill. Yl 0:.... "'1&1 ~ !: '" Uu :z Q <Eo< .....Eo< ~ :z 0 0:.... 0 0 l&lra. 1&1 .., o Eo< 0: :1:0 to: I>.Yl I>. Eo< XI>. 1&1 Z Eo< <4 H . . .. . . . . . . , ~:pCT 1 0 1997 t / undrr 23 Pa,C.S.A. section 6114,1. This Order shall remain in elTect 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 practice that indicates risk of harm to the plaintiff, ,1-'';1 , tA A hraring shall be held on this molter on ,; ,I ( J "I . the L.:L:. day of (J,(! liLl<e-! / . 1997 at '1.oc' o,m.lp;8ll. in Courtroom nnmber ~ of the Cumbrr1and County Court honse, Corlisle. Pennsylvania, The Cumberland County Sherill's Department shall attempt to make service at the plaintitrs request and without pre-payment of fees, but service may be occomplished 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 Pennsylvania State Police and the Newville Police Department shall be provided with a certified copy of this Order by the plaintitrs 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 onker, In the event that an arret 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,A, section 6113). By the Court, 4$r' ~;.L / J, " ," ~," " (':~,' (":.""" II; , . - .' ~ ". , 1 ..0'. .1. " './J, , ' I .. ',;'( It' ./1) ,</7 d,,/- djo~J j'~'4. ~ a:1 ~k~( # < KENNETH p, THEOBOLD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 97- ~-(. I r CIVIL TERM JODY L, THEOBOLD Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTIVE ORDER RELIEF UNDER TilE PROTECTION FROM ABUSE ACT. 23 PA,C,S,A. SECTION 6101 et. seq, A, ABUSE I. The plaintiff, Kenneth p, Theobold, is an adult individual residing at 4121 Enola Road, Newville, Cumberland County, Pennsylvania, 2. The defendant, lody L. Theobold, is an adult individual residing at 4121 Enola Road, Newville, Cumberland County, Pennsylvania, 3, The parties are the parents of two minor children, who are Nathan E, Theobold, born 6/17/84 and Brent M, Theobold, born 11/1/88, Both boys reside in the marital residence. 4, For the last several months, 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, has knowingly engaged in a course of conduct or repeatedly committed acts towards the plaintiff including the following specific incidents of abuse: a) On Tuesday. September 30, 1997, the plaintiff was lying in bed with his son, Brent. The defendant came home and the plaintiff asked her whether she had been consuming alcohol because he was about to leave for work and entrust the children to her, The defendant became very upset. used profanities towards the plaintiff and began striking him about the head with her fists, She proceeded to take ofi'her shoe and began striking him with her shoe, t , Brett woke up and pleaded for his mother to stop hitting his father, amI eventually the parties' other son Nathan came in the room and assisted in pulling the defendant off of the plaintiff. The plaintiff did not require medical allention but sufiered bruising and the like which is consistent with being hit in the head by someone's fists and shoe, The police were not summoned to this incident. b) Within the last year the defendant broke a broom handle over the plaintiffs head, c) Within the last year the defendant threw an aerosol can at the plaintiff, d) Within the last year the defendant, while intoxicated, encouraged the plaintiff engage in physical confrontations with her and she has had the police arrest the plaintiff following such incidents, The charges were later withdrawn, 5, The plaintiff believes and therefore avers that he is in immediate and present danger of abuse from the delendant and that he is in need of protection Irom such abuse, 8, EXCLUSIVE POSSESSION 6, The residence that the plaintitTis asking that the defendant be excluded from is the marital residence located at 4121 Enola Road, Newville, Pennsylvania 17241. 7, The defendant previously moved out of the marital residence because of marital difficulties but returned to the marital residence when the plaintiff obtained a child support order against her, The defendant's return to the marital residence was designed to frustrate and anger the plaintiff. 8, The plaintilT desires exclusive possession of the marital residence to ensure that no further physical confrontations occur between he and his wife in front oflheir children, The plaintilT is extremely concerned that his wife will again become aggressive towards him which may result in a physical confrontation, and he therefor believes it is in the best interest of his family for the defendant to be excluded from the marital residence, WHEREFORE, the plaintilT respectfully requests that this Honorable Court enter an order directing that the defendant be enjoined from abusing and stalking the plaintilT and that the plaintilTbe awarded exclusive possession of the marital residence, Respectfully submitted, O'BRIEN, BARIC & SCHERER 1()11~/11 ~d" Michael A. Scherer, Esquire 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 10 # 61974 Attorney for the plaintiff, Kenneth p, Theobold VERIFICATION I verilY that the statements made in this Protection from Abuse Petition are true and correct. I understand that false statements herein are made subject to the penalties of J 8 Pa, CS, ~ 4904, relating to unsworn falsification to authorities, ~m,\Ci ~trO~O Kenneth p, Theobold Date: /t).q~97 1'1 i: , ., , ,~ 'J ; 1 ! [-..:lit i '~'l L \' r,,!l f t'\ : 1}~:D;:::r\LArH' EJi'H:i'!j ':i li'i' t'j! TP ;~h\.lllf( I.JI f:._'l'tJt',. :;L',~1-.l11 l-J1 "!; i 1 ,\!:i ',1:1-::. !'l,'nrl~:;';,l\'d{,l:". 'tit.') b"~,il....l du 1/ UW'..l"II ;:'I( L';JrdlIiY "". j': (1;(' wlt.hir\ r'hUTEC,rII~J:: Vhl'l'1 ;\1111:.,;[ W~l~J L;C'I'.!L'd '!Il ~~_III1..) ~..__ t. tIC' ~ I,ll it _.J~~_::<~~:_:_:\Q. HCJUh~:;. '~,n t tl" l'2..!..l!. ddi' '.Jl tJC-:l.fJbPl , t Will n 1'./\ LtLJo. 1\ r: 1':-'1..J:1.61.<1: E'LJ!.'!l.H,L" ,11____,.____ , .!' C\_ ~,~QJ~;~__,_,_~__"______~.+d_~__~. . ClIMPEHLAtI[' "::J' '. I. [111.:';'- l '''-HI t,i. bi' h;Ultjinq t,:.\ JODI' TIIFDtlnLLI 'I. Jlid ,jt t,'.-:'StL"j CIJPi' fJJ th..' _.LJ';IYrE~~IJJJfI FEi.Ji'l AUU:',;t.: '>,. I WI Ui '.!:i:!'IPtmbHY PROTECTION r,;r,r'EE IlDTJi.'E AlII.' !'ET lTIC'll lli jt_ ',L.;, ._,1111';' tl11li? dlrl:'ct,tng 11'~'I' att.t:"'nttnn t.\:I t.I',,-' '-~<:lnt.(lrlt~: tIIL'll;-"."J_L. " 1"1); t;.,:: ~iG JIl"r~~~ ,\:.,t 1 fl'-) 1 t5. o ILl J. 10 . ,10 :2.0CI rr:-TE~i"'"i~;-rr.:--;I' : -~"'l:--;:--l- I -' r .. ~ .-,~, 1\ f .1' f I': 1 t ~. j, '.l "} ':' ::; J:-ITJ- \;,~D.. r: '",;1" I /;;f J'.' 'j, I. !.lC /YJ1.-l tv .,---.J___....,... "... ,..", .~'I"_'''___''___ (,/ (:j'lllj' .._'ll.'jj_.11 ", \ I !" ,~,,:: t /:" ~~, oj i ) ", ~_' J '-' L .,' 1 ,:' ' , Ii: J. /3, ~l (]t.:C-~, , ______ -I:' (/\ . ----rr-'F Q.. .~(.."'T~~-' I I, ,_, I; , . r " } f ..... 'It- ~ -::r- - , r-o, '1 .. " .; C" , , i , , " , '... ( .' , , l.. " ,- , l..' C," U ! ~ ~ ~ :S z a .. ~ ~ ~ ~ ~ ~ :s lQ :t ~ . ~ ~ ~ "' ~ ll!l \C < . u o . .. . . .. , . Ii . ;DEC 0 3 1997 II II I 1 I II v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97- 5618 CIVIL TERM / I; " I' KENNETHP,THEOBOLD Plaintiff JODY L, THEOBOLD Defendant PROTECTION FROM ABUSE ORDER OF COURT "D...~ AND NOW, this >' "day oU18.,,,,bGI, 1997, upon consideration of the within Stipulation and Agreement, the Temporary Protective Order issued in this matter on October 10, 1997, is hereby VACATED and upon agreement of the parties the above-captioned matter is considered settled and discontinued, By the Court, ,/IlL "' f~" - ' "!' :.' . ~ "," \. '.r: .,'- v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW JODY L, THEOBOLD, Plaintiff KENNETH p, THEOBOLD, Defendant 97-5608 CIVIL TERM IN DIVORCE ORDER OF COllRT AND NOW, this _ day of November, 1997, upon consideration of the within Stipulation and Agreement, exclusive possession of the marital residence, located at4121 Enola Road, Newville, Cumberland County, Pennsylvania is hercby awarded to the defendant, Kenneth p, Theobold, and wife is hereby excluded thcrefrom, The parties shall keep the marital residence listed for sale with a licensed realtor and all reasonable efforts shall be made by the parties to sell the marital residence, By the Court, Kevin A. Hess, J. -:!: " '.'~~i 1 II I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH P. THEOBOLD Plaintiff v, 97.5618 CIVIL TERM lODY L, THEOBOLD Defendant PROTECTION FROM ABUSE JODY L, THEOBOLD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v, KENNETH p, THEOBOLD, Defendant 97-5608 CIVIL TERM IN DIVORCE STIPULATION AND AGREEMENT THE PARTIES to this mailer are Jody L Theobold, who is the Defendant in the above. captioned Protection from Abuse action and the Plainliffin the above-captioned Divorce action (hereinafter referred to as "wife"); and, Kenneth p, Theobold, who is the Plaintiff in the above- captioned Protection from Abuse action and the Defendant in the Divorce action (hereinafter referred to as "husband"), WHEREAS, the parties are husband and wife, having been married on April 24, 1982 in Cumberland County, Pennsylvania; and, WHEREAS, the parties have two minor children, Nathan E. Theobold, born June 17, 1984 and Brent M, Theobold, born November I, 1988; and, WHEREAS, wife is represented by William S, Daniels, Esquire and husband is represented by Michael A, Scherer, Esquire; and, WHEREAS, the parties, through counsel, have tiled the above-captioned Protection from Abuse and Divorce actions; and, WHEREAS, the parties, through counsel, have reached a resolution of some of the matters pertaining to the above-captioned actions, NOW, THEREFORE, the parties intending to be legally bound hereby, do make and enter the followmg agreement, which shall be reflected by the appropriate Orders of Court, ), Wife shall award husband exclusive possession of the marital residence located at 4121 Enola Road, Newville, Cumberland Counly, Pennsylvania, pending sale of same, The marital residence is presently listed for sale with a licensed realtor and it shall be continued to be listed until a buyer is found who is willing to make an offer acceptable to the parties. 2, The Order of Court dated June 9, 1997, docketed to No, 97-3008, relative to the custody of the minor children, shall remain in full force and effect and the parties shall abide by the terms of that custody Order, 3, Husband shall discontinue the above-captioned Protection from Abuse action, 4, Both parties understand and agree that they shall mutually avoid and refrain from any and all unessential contact or exposure, one to the other, so as to eliminate the possibility of either party's provocation or reaction which could cause acts or events contrary to good order, discipline and civility whether impacting on them individually, their minor children or society at large, 5, The within arrangcment is rcspcctfully rcqucstcd by both partics in order to fostcr the independent conduct of their rcspective livcs in the best intcrests of all concerned, pending dissolution of marriage, ~~ 'Michael ,Sc erer, Esquire t;;a(~,,ia~ William S, Daniels, Esquire ~ ~f, ,(Jk\lcb::lJ J dy L, Theobald DATE: I/'-';'S- - q:t