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HomeMy WebLinkAbout98-00675 MELISSA MAY KINSEY, for herself and on behalf of her minor child, MISTY ALCIA KINSEY, v, IN TIlE COURT OF COMMON PLEAS OF I I , I I, , \. " ' :1 . 1, '1' .', I ' II, 1/ ~ I :) J f, t.' ! rEf I r ! I I'.. ,. I' i:.. I, t II} I CUMBERLAND COUNTY, PENNSYLVANIA NO, 98.675 CIVIL TERM JOSEI'll LOUIS STARK, Defendant PROTECTION FROM ABUSE ~RDER OF COURT AND NOW, thiSfJ- day of April, 1998, upon consideration of the within Petition, the following portions of the Protection Order entered on February 13, 1998, are vacated: . The defendant, Joseph Louis Stark, is prohibited from having any direct or indirect contact with the plaintiff, including but not limited to, telephone and wriuen communications, · The defendant is excluded from the plaintitl's residence located at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, and ordered the defendant to stay away from any residence the plaintiff may in the future establish for herself. . The defendant is prohibited from entering the day care facility of the parties' minor r child, Joseph Robert Stark, - ~ UCICIIUUIIL:~ ....ld1l!~~~~::J~:~~~~~Vr.It... , :-l1Jte ,,_"M __ . ~~~ IU:P([gr thrl'ii'UROO Ht .il'^ In nit inri{fp-;;t ~B-:in~t tb~ pi~in'-:waR~lg......ho n1i'}Qt ..-.. . ..~ ,- I" '. J IL J ~ '--, I'.n~ ~ . '.' 8 i1r ~Jlil'g""IfRY 81_1 .. r ~_ tl..^ :- _f II.... fluLt;;1..llulI o.d"., __ il untlll.II . ,f'hn..Ar~t': 1~I~Sh [to l~~ t~~,~b:]:~ ,. " H} ..:JIIcrUl 5 ucpalllllr.:m illlJ .. ,. __ I..... "Ill} t' IN ALL OTHER RESPECTS THE PROTECTI N , " FEBRUARV tJ, 1998, REMAINS IN .:.'n:CT, 'I , I II , I II I ~ i ! Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff <:~~L <f(/S!lf8' A,f7. Joseph Louis Stark, Defendant 1761 Stony Creek Road Dauphin, PA 17018 ';.> -.'J Fa rl-\ "'"'. .-','..... tr' "..'", ' u I. .' J i' -. . ;. ',_~' " .. ~, " (11 .~.., , ' .J I It;, ~ l!j ,''' ,~.. ,'"I I,. , ') ,~ CU,', I . :.1 '. "',".1., .. J..J;.~.'./< ;, ;\ . ~~, VI ",j , ",,~~'. ,,, I:' ,\ i J i~ /I' r 1 r 111 :1' ,I;" 'I, :{ . , .' .. ., ~ " .:r, MELISSA MAY KINSEY, for herself and on behalf of her minor child, MISTY ALClA KINSEY, v, IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH LOUIS STARK, Defendant NO, 98-675 CIVIL TERM PROTECTION FROM ABUSE PETITION FOR MODIFICATION The plaintiff, Melissa May Kinsey, by and through her attorney, Joan Carey, of LEGAL SERVICES, INC. represents the following: J, The plaintiff, Melissa May Kinsey, and the defendant, Joseph Louis Stark, are in the process of reconciling their differences, 2. The plaintiff desires that the defendant, Joseph Louis Stark, no longer be: a) prohibited from having any direct or indirect contact with the plaintiff, including but not limited to, telephone and written communications, b) excluded from her residence located at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, and ordered to stay away from any residence she may in the future establish for herself, c) prohibited from entering the day care facility of the parties' minor child, Joseph Robert Stark, and d) ordered the defendant to relinquish to the sheriff's department any weapons which he owns, possesses, has used or threatened to use in an incident against the plaintiff and/or the minor children, prohibited the defendant from acquiring or possessing any other weapons for the duration of the Protection Order, and '"' MELISSA MA Y KINSEY, fhr herself and on behall' of her minor child, MISTY ALCIA KINSEY, v, IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEP" LOUIS STARK, Defcndant NO, 98-675 CIVIL TERM PROTECTION FROM ABUSE ~OTECTION ORDER AND NOW. thil ~ day of February, 1998, upon consideration Agreement of the parties, the following Order is entered: I, The defendant, Joseph Louis Stark, is enjoined from physieally abusing the of the Consent plaintiff, Melissa May Kinsey, and/or her minor ehild, Misty Alcia Kinsey, or from placing them in fear of abuse, 2. The defendant is enjoined from having any direct or indirect contact with the plaintitrs minor child, Misty Alcia Kinsey, including, but not limited to. telephone and written communications, 3, The defendant is ordered to refrain from harassing and stalking the plaintifr and her minor child, Misty Alcia Kinsey, and trom harassing her relatives and the parties' minor child, Joseph Robert Stark, 4. The defendant is prohibited from entering the plaintil1's place of employment or the place of employment or the school of the plaintitrs minor child, Misty Alcia Kinsey, or the day care facility of the parties' minor child, Joseph Robert Stark, 5, The defendant is prohibited from damaging or destroying property owned by the plaintiff or jointly owned by the parties, 6. The defendant is excluded from the plaintifl's residence located at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, and the defcndant is ordered to stay away from any residence the plaintiff may in the future establish for herself, except for the limited ._:..-:-o;:"::~--:-"::":':' purpose of translcrring custody at which times the delcndant shall remain in his vehicle on the street lit the curb, 7, The delendant is ordered to relinquish to the sherin's department IIny weapons which he owns, possesses, has used or threatened to use in an incident against the plaintilr and/or the minor children, The delcndant is prohibited from acquiring or possessing any other weapons tor the duration of the Protection Order and is ordered to relinquish to the Cumberland County SheriIT's Department any Iirearm license he may possess, The defendant's weapons and Iirearm license may be returned at the expiration of the Protection Order aileI' the defendant has submitted a written request to the Court for the return of the weapons and the Court has notilied the plaintitTofthe request and given the plaintitran opportunity to respond, A copy of this Order shall be transmitted to the chiefs of the East Pennsboro Township Police Department and the West Shore Regional Police Department, and the sheritTofCumberland County, 8. The defendant shall submit to a drug and alcohol evaluation by one of the accredited drug and alcohol programs approved by the Cumberland County District Attorney's ARD Program and shall follow any and all treatment recommended by program statT and remain in treatment until released, In addition, the defendant shall address his behavior regarding anger and violence in his relationships by entering into the batterer treatment program through Tressler Lutheran Services, 960 Century Drive, Mechanicsburg, PA 17055, Telephone: (717) 795-0330, and shall remain in group until released by therapists 9. The defendant is ordered to reimburse the plaintin's out-of-pocket losses for any and all unreimbursed medical costs incurred as a result of the incident which occurcd on or about February I, 1998, including, but not limited to, the losses listed on the attached sheet marked Exhibit A. The defendant shall reimburse the total amount of losses to the plaintifl' by valid check or money order made payable to the plaintiO: mailed to her mailing address within 60 days of the entry of this Order, An award under this chapter shall not constitute a bar to litigation for civil 1 I , I I I I I ~ ~.~ I " damllges for injuries sustained Irom the acts of abuse giving rise to the award 01' a finding of contempt under this chapter, 10, Court costs and fces lire waived, II, The following is ordered with regard to custody of the parties' minor child, Joseph Robert Stark, a) The parties shall share legal custody of the child, b) The mother shall have primary physiclIl custody of the child, c) The father shall have partial custody of the child on dates and at times mutually agreed upon by the parties, d) The father shall not remove the child from this Court's jurisdiction without the written consent of the mother, e) The father shall not use alcohol immediately prior to or during his periods of partial custody with the child, If the mother has reasonable cause to believe that the father is under the influence of alcohol when he arrives to pick up the child, she may withhold the father's visit at that time for the safety of the child, I) The mother and father agree that each shall notify the other of all medical care the child receives while in that parent's care, Each parent shall notifY the other immediately of medical emergencies which arise while the child is in that parent's care, g) Neither party shall do or say anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. 12, This Order shall remain in elfect 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 MELISSA MAY KINSEY, for hersell'nnd on behnlfofher minor child, MISTY ALCIA KINSEY, v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98.675 CIVIL TERM JOSEPH LOUIS STARK, Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT _ J../'J This Agreement is entered on this J.i. day of February, 1998, by the plaintiff, Melissa May Kinsey, for herself and on behalf of her minor child, Misty Alcia Kinsey, and the defendant, Joseph Louis Stark. The plaintin'is represented by Joan Carey of LEGAL SERVICES, INC,; the defendant is unrepresented but is aware of his right to have an allorney, The parties agree that the following may be entered as an Order of Court, 1, The defendant, Joseph Louis Stark, agrees to refrain from abusing the plaintiff, Melissa May Kinsey, and/or her minor child, Misty Alcia Kinsey, or Irom placing them in fear of abuse, 2, The defendant agrees not to have any direct or indirect contact with the plaintilT's minor child, Misty Alcia Kinsey, including, but not limited to, telephone and wriuen communications, 3. The defendant agrees not to harass and stalk the plaintilf or her minor child, Misty Alcia Kinsey, and not to harass the plaintifl's relatives and the parties' minor child, Joseph Robert Stark, 4, The defendant agrees not to enter the plaintifl's place of employment or the place of employment or school of the plaintilT's minor child, Misty Alcia Kinsey, or the day care facility of the parties' minor child, Joseph Robert Stark, 5, The defendant agrees not to damage or destroy property owned by the plaintifl' or jointly owned by the parties, l , 6, The defcndant agrees to stay away from the plainlifl's residence located lit 21 Ridge Avenue, Enola, Cumberland Counly, Pennsylvania, and the delcndanl agrees to slay aWIlY from any residence the plaintill' may in Ihe future establish for herself: excepl tor the limited purpose of transferring custody at which times the defendant will remain in his vehicle on the street at the curb, 7, The defendant agrees to relinquish to the sheriffs department any weapons which he owns, possesses, has used or threatened to use in an incident against the plaintitT and/or minor children, The defendant agrees not to acquire or possess any other weapons for the duration of the Protection Order and agrees to relinquish to the Cumberland County SheriIT's Department any lirearm license he may possess, The defendant's weapons and tireann license may be returned at the expiration of the Protection Order aileI' the defendant has submitted a written request to the Court for the return of the weapons and the Court has notified the plaintitT of the request and given the plaintitT an opportunity to respond. 8, The defendant agrees to submit to a drug and alcohol evaluation by one of the accredited drug and alcohol programs approved by the Cumberland County District Attorney's ARD Program and follow any and all treatment recommended by program statT and remain in treatment until released. [n addition, the defendant agrees to address his behavior regarding anger and violence in his relationships by entering into the batterer treatment program through Tressler Lutheran SelVices, 960 Century Drive, Mechanicsburg, PA 17055, Telephone: (7[7) 795-0330, and remaining in group until released by therapists, 9, The defendant agrees to reimburse the plaintill's out-of-pocket losses for any and all unreimbursed medical costs incurred as a result of the incident which occured on or 8bout February I, 1998, including, but not limited to, the losses listed on the attached sheet m8rked Exhibit A. The defendant agrees to reimburse the total amount of losses to the plaintiff within 60 days of the entry of the Protection Order by mailing II valid check or money order made payable to the plaintil1'lo her mailing address, (0, The defendant, although entering into this Agreement, docs not admit the allegations made in the Petition. II, The defendant understands that the Protection Order entered in this matter will be in elTect 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 andlor her minor child, Misty Alcia Kinsey, The defendant understands that this Order will be enforceable in the same manncr as the Court's prior Temporary Protection Order entered in this case, 12, Violation of the Protcction Order may subject the defendant to: i) arrest under 23 Pa,C.S, 96113; ii) a private criminal complaint under 23 Pa.C,S. 96113,1; iii) a charge of indirect criminal contcmpt under 23 Pa,C.S, 96114, punishable by imprisonment up 10 six months and a fine of $1 00,00-$1 ,000.00; and iv) civil contempt under 23 Pa,C.S. 96114,1, 13. Thc defendant and thc plaintilT agree to the cntry of an Order providing for the following custody schedule for thcir child, Joseph Robcrt Stark, a) The parties will share legal custody of the child. b) The mothcr will have primary physical custody of the child, c) The lather will have partial custody of the child on dates and at times mutually agreed upon by the parties, d) The father will not remove the child from this Court's jurisdiction without the written consent of the mothcr, e) Thc f.1ther will not use alcohol immcdiatcly prior to or during his periods of partial custody with thc child, If the mothcr has reasonable cause to believe that Ihe liuher is under the inlluence of alcohol when he arrives 10 pick up the child, she may withhold the fillher's visit at thai lime for the safety of the child, f) The mother and lather agree that each will notify Ihe other of all medic81 care the child receives while in thai parenl's care, Each parent will notify the other immedialely of medical emergencies which arise while the child is in that parent's care. g) The parties realize that their child's well being is paramount to any dilferences they might have between themselves, Therefore, they agree that neither party will do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development oflhe child's love or respect for the other parent. WHEREFORE, the parties request that a Protection Order be entered to reflect the above terms, ( r(J .J~_ J n Carey, Attorney for LEGAL SERVICES, INC, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 MELISSA MAY KINSEY, for herself and on behalf of her minor child, MISTY ALCIA KINSEY, v, IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98- lllS CIVIL TERM JOSEPH LOUIS STARK, Defendant PROTECTION FROM ABUSE TEM RY PROTECTION ORDER AND NOW, this day of February, 1998, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Melissa May Kinsey, for herself and on behalf of her minor child, Misty Aida Kinsey, temporarily residing at an undisclosed location for her protection and that of her minor child, whose permanent address is 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, are in immediate and present danger of abuse from the defendant, Joseph Louis Stark, the following Temporary Order is entered, Lml' ellforcemelll aKellcies, hUlllall ,\'e/'"ice aK/!/Icie.\' a/ld school di,l'//'ict,\' shallllot disc:lo,\'e the presellce (if the plaillliff o/' he/' millo/' child/'ell i/l the jurisdictioll o/' district o/' IU/'llish a/lY addre.\;v, telepholle lIulllher, o/' a/lY othe/' dell/oKmphic illformatio/l ahO/lf the plaimiff' or her millOI' child/'e/lexcept hy fu/'ther Orde/' (if Court. The defendant, Joseph Louis Stark (SSN: I 95-42-3064)(DOB: 1114/52), currently incarcerated in Cumberland County Prison, whose permanent address is 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintitf, Melissa May Kinsey, or her minor child, or from placing them in fear of abuse. The defendant is excluded from the plaintiffs residence located at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties, and the defendant 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 conlact with the plaintilT or her minor child, Misty Alcia Kinsey including, but not limited to, telephone and written communications, The defendant is enjoined from harassing and stalking the plaintifT and from harassing her relatives, or the minor children, The defendant is enjoined from entering the plaintitl's place of employment or her minor child's place of employment, the school of her minor child, and the day care facility of the parties' minor child, The defendant is enjoined from damaging or destroying 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, ~6113; ii) a private criminal complaint under 23 Pa,C.S, ~6113,1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six months and a line 01'$100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S, ~6114.1, This Order shall remain in elTect until modified or terminated by the Court and can be el<tended beyond its original el<piration 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 and/or her minor child, Misty Alcia Kinsey. Temporary custody of Joseph Robert Stark, is hereby awarded to the plaintill: Melissa May Kinsey, The defendant is ordered to relinquish to the sheril1's department any weapons which he owns or possesses including, but not limited to rifles, shotguns, bows and arrows, and the defendant is prohibited from acquiring or possessing any weapons for the duration of this Order, and is ordered to relinquish to the sherilT any Iirearm license he may possess. A copy of Ihis Order sh"1I be Ir"nsmilled 10 Ihe chief or hend of Ihe police dep"rlment Ih"1 services the "rell where Ihe defend"nl resides ""d to Ihe sheriff ofCnlllherl"nd Counly, A IIEARING SIIALL HE IIELD ON TillS MATTER ON FEHRUARY -12. 1998, AT J.'17J 17M., IN COURTROOM NO,"';;'-, OF TilE CUMHERLAND COUNTY COURTIIOUSE, CARLISLE, PENNSYLVANIA, The plainlilT may proceed wilhout pre-payment of fees pending a lllrther order aner the hearing, The Cumberland County Sherifrs Department shall attempt to make service at the plaintifl'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" copy of this Order to the defendant by mail. The East Pennsboro Township and West Shore Regional Police Departments shall be provided with a certified copy of this Order by the plaint ill'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, 96113), Judge Joan Carey LEGAL SERVICES, INC, Attorney for Plaintifl' r:l.~r;..c::r",~,: r:: ':': ;':;' I'~' "-""~';-r~-~\( " C"- \_.,., .. ~.I;j . \' :' ... ': "," t. \'1 ~ .; ..1' .... P,Q}\)~Q~\'\n"\(Ltc::\\e:. \. .~ , ....'1' ",i.", \'-,:"\-'\' -; ,;"l;'{ "'," \ h."l:f,<!c.1 1V\Q,S1,d)- c)) 1l.J Iq~ MELISSA MAY KINSEY, for herself and on behalf of her minor child, MISTY ALCIA KINSEY, v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98- Lo7.fi.- CIVIL TERM JOSEPH LOUIS STARK, Defendant PROTECTION FROM ABUSE NOTICE You have been sued in court, If you wish to defend against the claims set Ibrth in the following pages, you must take action promptly aller 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 a 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, Any Protection Order granted by II Court mllY be considered in any subsequent domestic relations proceedings, including custody actions, FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of$25.00 will be assessed against you. You may also be required to pay up to $250,00 to reimburse one of Legal Services, Inc.'s funding sources for Legal Services, Inc.'s representation of the plaintiff. You hllve the right to be represented by counsel. You should tllke 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 or TOLL FREE: 1-800-990-9108 FAX: (717) 249-2663 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas ofCumberJand County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, MELISSA MAY KINSEY, for herself and on behalf of her minor child, MISTY ALClA KINSEY, v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO,98- &75- CIVIL TERM JOSEPH LOUIS STARK, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 Pa,C.S, ~6101 et seq. t<. ABUSE I, The plaintitl: Melissa May Kinsey, is an adult individual whose permanent address is 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania 17025, 2. The plaintiff is temporarily staying 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. 3. The defendant, Joseph Louis Stark (SSN: I 95-42-3064)(DOB: 1/14/52), is an adult individual whose penn anent address is 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, 17025, The defendant is currently incarcerated in Cumberland County Prison where he has been since his arrest on February 2, 1998, 4, The defendant is the father of the parties' 2-year old child, Joseph Robert Stark, 5, Since approximately 1990, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintill: falsely imprisoned her and her child pursuant to 18 Pa, C,S, * 2903, physically abused her minor child, Misty Aida Kinsey; placed her and her child in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward her and her child under circumstances which have placed the plaintil1' and her child in reasonable fear of bodily injury, This has included, but is not limited to, the lollowing specific instances of abuse: a) On or about February I, 1998. the defendant called the plaintiff humiliating names, yelled, "Die, bitch,", loll owed her outside as she lell the house with the parties' 2-year old son, Josephe Robert Stark, in her arms, punched her in the back of the head, The plaintill' drove to the East Pennsboro Township Police Department and reported the incident and the defendant was charged with simple assault by the East Pennsboro Township Police, arrested and remanded to Cumberland County Prison where he remains, A preliminary hearing and bail reduction hearing was scheduled for Wednesday, February 4, 1998, at noon before District Justice Manlove, The charges were bound over for trial, the defendant's bail was reduced to $50,000.00, and he remains in Cumberland County Prison as of the filing of this Petition, The plaintiff sought medical attention at Holy Spirit Hospital for injuries she sustained as a result of this incident. The plaintill' sustained bruising, swelling and soreness about her eye, face, and head, and her nose was broken (see attached Exhibit B, attached hereto and incorporated by relerence), b) In or about early January, 1998, the defendant grabbed the plaintiff's 16- year old daughter, Misty Alcia Kinsey, by the back of her neck, shoved her head down toward the toilet, and called her "nigger," c) In or about October or November, 1997, the defendant grabbed Misty by her hair, jerked her out of the chair, slapped her in the head, pulled her ear, and kicked her in the leg, d) In or about February 1997, the defendant backed the plaintifT's 18-year old daughter, Amanda, into the corner, and as she cowered on the floor, he punched her in the lilce, When the plaintill' interceded to protect her daughter, the defendant knocked her backward, causing her to Iilll to the Iloor, strike her head on the floor and lose consciousness momentarily, The defendant got a loaded rifle. pointed the gun at the plaint ill' and the children, and threatened to kill everyone in the house amI himself: The defendant told the plaintil1' to take Misty and Joseph upstairs or he would shoot her, threatened to blow them all away if anyone tried to telephone the police for help, and held Amanda at gunpoint in the kitchen, Amanda sustained a bruised and swollen eye as a result of this incident, and the plaintill'sustained soreness about her head and vision problems for days as a result of this incident. e) In or about 1996, the defendant cornered Misty behind the door and held his list in her face in a threatening manner causing her to fear that he was going to strike her, f) In or about the summer 1995, the defendant punched Misty in the mouth causing her to fall to the floor, and spit in her face as she lay on the floor, Misty, who was wearing an orthodontic prosthesis when the defendant struck her, sustained lacerations on the inside of her mouth and swelling and soreness about her mouth as a result of this incident. g) In or about 1995, the defendant backed Misty into a corner while yelling at her and poked his linger into her eye, The child sustained bruising on her eye and vision problems over a period of time as a result of this incident. h) In or about 1994, the defendant swung his amI at Misty with such force that he knocked her over the couch, causing her to fall to the floor striking her head on the floor, Misty sustained soreness about her head as a result of thise incident. i) In or about 1990 or 1991, the defendant punehed the plaintiff about her Ince and head, The plaintill'sought treatment at Holy Spirit Hospital for injuries she received as a result of this incident including. but not limited to, bruising" swelling and soreness about both her eyes and a broken nose, j) Since approximately 1990, the defendant has abused the plaintiff and her children, particularly her minor child, Misty, in ways including, but not limited to grabbing, shoving, slapping, punching, and kicking them, The defendant has threatened to kill and/or harm them saying: ""m going to pound you into the ground;" "I'll punch a hole right through you," The abuse has also included: intimidating them by cornering or backing them against walls, holding his list up to them in a threatening manner, poking them in the chest while talking to them, at times causing bruising, and calling them humiliating names, 6, 0;1 or about February I, 1998, the plaintiff and her two minor children left their residence at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, in order to avoid further abuse, 7, The plaintiff believes and therefore avers that she and her minor child, Misty Alcia Kinsey, are in immediate and present danger of abuse from the defendant should they return to the home without the defendant's exclusion and that they are in need of protection from such abuse, 8, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintift' or her minor child, Misty Alcia Kinsey, including, but not limited to, telephone and written communications, 9, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives, or the minor children, '~' 10, The plllintiff desires tlmt the defendllnt be restrnined from entering her pi lice of employment or her minor child's pi lice of employment, the school of her minor child, or the dllY cllre fllcility of the Pllrties' minor child, 11, The plllintitl' desires thllt the defendllnt be enjoined from damllging or destroying any property owned jointly by the Pllrties or owned by the plaintill~ 12, The plaintiff desires tlmt any weapons the defendant owns or possesses including, but not limited to: rines, shotguns, bows and arrows, be confiscated by the Sheriffs Department, thllt the defendant be prohibited from acquiring or possessing any weapons for the duration of the Temporary Protection Order, and the plaintiff desires that the defendant be ordered to relinquish to the sheriff any firellrm license he may possess, B. EXCLUSIVE POSSESSION 13. The home from which the plaintiff is asking the Court to exclude the defendant locater! at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania is owned in the names of Melissa May Kinsey and Joseph Louis Stark, 14, The plaintiff currently has no place to stay with her children except the marital home, and the defendllnt is currently incarcerated in Cumberland County Prison, 15, The plaintiff desires possession of the home so as to give the greatest degree of continuity to the lives of the children and to allow her minor child, Misty Alcill Kinsey, to continue her education at her school and to continue her school and social activities, C. SUPPORT 16, The defendant has 1I duty to support the plllintiO'and the parties' minor child, 17, The plaintiff is in need of financilll support from the defendant including, but not limited to the mortgage payment on the residence at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvanill, " 18. The defendant is sell:employed as a painter (union). and earns a mininum of approximately $15,00 per hour, 19. The plainlitl's income is insullicient to provide tor her minimal needs and those of the parties' minor child until such time as a support order can be obtained by liIing at the Domestic Relations Ot11ce, 20, The plaintitT intends to petition for support within two weeks of the issuance of a protection order, D. LOSSES AND REIMBURSEMENT FOR COST OF CASE 21, The plaintitl' has sutTered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached, 22, The plaintitT asks that the defendant be ordered to pay $250,00 to Cumberland County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating this case, and that the defendant be assessed the $25,00 surcharge and any court costs if the case goes to hearing, E. TEMPORARY CUSTODY 23, The plaintitTseeks temporary custody of the following child: Name Joseph Robert Stark Address undiselosed location Aee 2 years old DOB: June] 3, 1995 The child was born out of wedlock, The child is presently in the custody of the plaintiff, Melissa May Kinsey, who resides at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, but is temporarily staying at an undisclosed location for her protection and that of her minor child, Sincc his birth the child has resided with the following persons and at the following addresses: Name Plaintill' and her daughter, Misty Aida Kinsey Plaintiff, defendant, and Misty Address undisclosed location Dates From February I, 1998 to the present From August, 1997 to February, I, 1998 21 Ridge Avenue Enola, PA Plaintiff, defendant, Misty and plaintiff's daughter, Amanda Kinsey 21 Ridge Avenue Enola, P A From June 13, 1995 to August, 1997 The plaintiff, the mother of the parties' minor child is Melissa May Kinsey, temporarily residing at an undisclosed location for her protection and that of her minor child, Misty Aida Kinsey. She is divorced. The plaintiff cannot divulge with whom she currently resides without compromising her location which is undisclosed for her protection and that of her minor child, Misty Aida Kinsey, The defendant, the father of the parties' minor child is Joseph Louis Stark, currently incarcerated in Cumberland County Prison, He is divorced, 24, The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court, 25, The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction, 26. 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, ,~ , I t. f\: , " 27, The best interests Ilnd permanent wellilre of the minor child will be met if custody is temporarily grunted to the plainlitl' pending II hearing in this mailer for reasons including: , ~ '. , II) The plaintitl" has provided for the emotional and physical t: \ needs of the child since his birth and is a responsible parent who can best take care of the minor child. b) The defendant has shown by his abuse of the plaintiff and her minor child, Misty Alcia Kinsey, that he is not an appropriate role model for the minor child, c) The defendant's behavior has adversely affected the child, d) The defendant forcibly removed the child from the plaintiff in that he grabbed the child from her arms after assaulting her on February I, J 998, and refused to allow the plaintiff or the police to retrieve the child resulting in a stand-off with several police officers over several hours causing concern for the child's safety, WHEREFORE, pursuant to the provisions ofthe "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 her minor child or from placing them in fear of abuse, 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or her minor child, Misty Alcia Kinsey, including, but not limited to, telephone and wrillen communications, 3, Ordering the defendant to refrain from harassing and stalking the plaintill' and Irom harassing her relatives and the minor children. 4. Prohibiting the defendant Irom entering the plaintill's place of employment or her minor child' s place of employment, the sehool of the minor child, or the day care facility of the parties' minor child, 5, Prohibiting the defendant from damaging or destroying property jointly owned by the parties or owned by the plaintiff. 6, Granting possession of the home located at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a final order in this matter. 7, Granting temporary custody of the parties' minor child, Joseph Robert Stark, to the plaintiff. S, Ordering the defendant to relinquish to the sherill's department any weapons which he owns or possesses including, but not limited to: rifles, shotguns, bows and arrows, prohibiting the defendant from acquiring or possessing any weapons for the duration of the Temporary Protection Order, and ordering the defendant to relinquish to the sheriff any firearm license he may possess, 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 her minor child, Misty Alcia Kinsey, or from placing them in fear of abuse, 2, Ordcring thc dcfendant to rcli'ain from having nny dircct or indircct contnct with thc plaintil1. or hcr minor child, Misty Aida Kinscy, including, but not Iimitcd to, telcphonc and writtcn communicntions, 3. Ordcring thc dcfendant to rcfrain from hnrassing and stalking thc plaintin' and Irom harnssing hcr rclativcs nnd thc minor childrcn, 4, Prohibiting thc defcndant from cntcring thc plaintill's place of employmcnt or her minor child's place of employment, the school of the minor child, or the day care facility of the parties' minor child, 5, Prohibiting the defcndant from damaging or destroying property jointly owned by the parties or owned by the plaintilT, 6, Granting posscssion of the home located at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, to the plaintilT to the exclusion of the defendant, and ordering the dcfendant to stay away from any residence the plaintilT may establish for herself pending a Iinal order in this mattcr, 7. Ordering the defendant to relinquish to the sherill's department any weapons which he owns or possesses including, but not limited to: rilles, shotguns, bows and arrows, prohibiting the defendant from acquiring or possessing any weapons for the duration of the Protection Order, and ordering him to relinquish to the sherilT any Iirearm license he may possess, 8. Granting support to the plaintilT and the parties' minor child in the amount of $50,00 per week payable to the plaintilT in the form of a check or money order, mailed to her mailing address, and ordering the defendant to pay all of the unreimbursed medical expenses of the plaintilT and/or parties' minor child to the provider or to the plaintilT when she has paid for the medical treatment, ami ordering the delcndant to make mortgllge payments on the residence of the plaintin~ 9, Granting temporary custody of the parties' minor child. Joseph Robert Stark, to the plaintilI 10, Ordering the delcndant to reimburse the plaintill's out-ol:pocket losses sulTered as a result of the incident which occured on or about February I, 1998, including, but not limited to, the losses listed on the attached sheet marked Exhibit A. II, Ordering the defendant to pay $250,00 to Cumberland County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating this case, and assessing the $25,00 surcharge and court costs to the defendant if the case goes to hearing, The plaintilT further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the East Pennsboro Township and West Shore Regional Police Departments which have jurisdiction to enforce this Order, The plaintilTprays for such other relief as may be just and proper, \ , \ i ;:~"'~ Ufo"iiii Carey, Attorney I' Plaintiff LEGAL SERVICES. INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 i\J ''',' ':,; ,f. 't,'*, ~.~ .. ;'1> DISK: DYXXIIIA: KtNSEY,DOC '-' MELISSA MAY KINSEY, for herself and on behalf of her minor child, MISTY ALCIA KINSEY, v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO, 98- CIVIL TERM JOSEPH LOUIS STARK, Defendant PROTECTION FROM ABUSE OUT-OF-POCKET LOSSES The plaintilT requests that the defendant reimburse her out-of-pocket losses, including but not limited to the following: Any and all medical expenses not reimbursed through the plaintill's medical insurance coverage relating to injuries she sustained as a result of the incident on or about February I, 1998. (The hospital has not billed the plaintilTas of the filing of this petition), $ . Lost wages as a result of the incident which occured on or about February I, 1998. $97.20 EXHIBIT A JlIGtt'i:>SA- m~ Kl ~~ G.. ",,,,,,,,,,' ~~\01i)~ Al ~~ =""'....... -9I~/r~ . ~::'"~~ ~~ I. 1'1\l> H:" ~ ~ICJE:!> , ~/;!,k~ ,. {.7 EXHIBIT B '\ r " i \ i ( , 1 . , i , I I I ~ i, C' \,.. ," :.;-, C) .",:, -," ., -, ... ~ " I :; . S t- , J J r ,; ./1 ~ :~:\::j I . 'r::> W'." t. b " . ',' . --H ~ ,",.. r?> t:? ;,;.CJ c'jrll . ;..;-\ .' :11 ,. .. \.1 til ... (1) :;.; [ I '" . -< ! ~, ~\ ~ ! G ~ :J -D 8 \" !r\ '<:1 I :t> f: v;, .:. ..., I 1,1 1 , I. ,. I ;: . 1 '11[:111 ; 'I Lt::Ttli :; 1;I:-,I:ll\h C/\~:E no: 1 'J~I~1- C\~"H:",".I r COtIMOJ/wrcAI..Tll rJF ;'EtHI:c','L','A:lli,: Cour/TY lJF ClmDERUdl[' 1\ I l/SEY 1'11;:1..) S~Lt1.A:LET ), 1"-______ VS. STARK JQSEPH LOUIS WILLIAM DTEJiL/.T.hCOt1 !),\j';EH .' Sherdf or C"2puty Shr:l"iff of CUMBERLAND County, Pennsylv'lnia, who bc.ing duly sworn according to law, saya, tho;> "Ii thin PRClTECTIOll FROtI AQUSE upon STARK JOSEPll LOUIS defendant, at 15:50 HOURS. on the 4th d.)y of February 1998 at CUI1BEI~L.All[J COUNTY PinSON 1101 CLM,EIWliT ROAD 'Was served thE' CARLISLE. PI. 17013 , CUJ1DERLAND County, Pennsylv<;\nia, by hand~n9 to JOSEPH STARI, <;\ true and atto;>st~d copy of the PROTECTION FROI1 ABUSE and at the same lime directing His :;1t.ten1..i.on to the contents thereof~ Additional Comments: WEAPONS PICKED UP FRO:-J EAST PEIINSBOr~O POLICE ['E!,T, HI POSSESSION OF CUMBERLAND COUNTY SHERIFF'S DEPART:-JENT Sheriii'a Gosts: Docketing Service Affidavit Surcharge " ':;'1 V "~;L.""'~ ~ ' -r'" ~8.i", ,~""_'"_ .:tf.~~ f. ........... ~ ~,.;.._.. , ~'- '-.,-J...t~ " Ihomas K11oe, bher1zz 18.00 .00 .00 5.00 R. -;;24.01Z1 0()/ClO/0000 b,' ~ /J O. 0 -I' ~6p~~ Sworn ~nd sutscr'ibed t.hiS"/ L. d'_,y of _ 19!1i=- ~)" 0 , ~i~,lkJ;j------- ;~ ("J c ....~ "T'b' t!J(11 :f: :(; (-, ~" f~I:':; ~.;:C) ~C; - C.: ~ \0 ~t.J .,,- -,., :6 o " :'j ,J1"1 , ,';..-- .'''rn "'\0- ;;':L ;:,:'fr' ; '~i .,.1 ".">() 1.5 rn -., 5 -< t \ 0, 5: S? ::> (~ t , ~ ~ A" ~ )j-- t!- 'E,.:Q-- .~:o :'1 .' { I:. .1' . 'I 1, i, I' ;' ~ , 'I"" .. .., . MELISSA MAY KINSEY, for herself and on behalf of her minor child, MISTY ALCIA KINSEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 98-675 v. JOSEPH LOUIS STARK, Defendant CIVIL ACTION PROTECTION FROM ABUSE RULE TO SHOW CAUSE AND NOW, this ~-( L day of , /t{;/v c.-l, , 1999 rule tCl U\DQh f'l.....r.-n So t"" $lt 0-'> 0 ~ .. C' show cause is hereby issued as ~ wny Petitioner should not be granted the relief requested, specifically, the return of weapons provided to the Sheriff of Cumberland County pursuant to Protection from Abuse Order <.Ot ,; 2..9d? February 4, 1998. This rule is returnable s"C) "''t t.....' ia Cn1'Y't-""'oom No. , Cu",Le:rlaw.l Cuul1Ly <.:ourt ot (,;01111"",11 Plcaa. Bid2?e!I-J SAIDIS, SHUFF & MAS LAND A11'ORNEVStATtLAW Z6 W. lII!h Street Carll. I.. P^ ... ~. MELISSA MAY KINSEY, for herself and on behalf of her minor child, MISTY ALCIA KINSEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEliNSYLVANIA Plaintiffs NO. 98-675 v. JOSEPH LOUIS STARK, Defendant CIVIL ACTION PROTECTION FROM ABUSE PETITION FOR RETURN OF WEAPONS TAKEN FROM PREMISES PURSUANT TO PROTECTION FROM ABUSE ORDER TO THE HONORABLE JUDGES OF THIS COURT: Petitioner, Joseph Louis Stark, by and through his attorneys, Saidis, Shuff & Masland brings the fOllowing Petition for return of weapons seized pursuant to a Temporary Protection of Abuse Order and respectfully represents the fOllowing: 1. Petitioner is Joseph Louis Stark (ss # 195-42-3064) (DOB 1/14/52) an adult individual currently residing at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania. 2. On February 4, 1998 a temporary Order for Protection from Abuse was entered against Petitioner enjOining him from physically abusing Plaintiffs or from placing them in fear of abuse, excluding him from the residence of Plaintiffs, from having direct or indirect contact with Plaintiff or the minor child, from harassing or stalking the Plaintiffs, from entering the Plaintiff's place of employment or from destroying property owned by the Plaintiff. 3. As part of that temporary Order the Defendant was ordered to relinquish to the Sheriff of Cumberland County any weapon which he owns or possesses including, but not limited to, rifles, shotguns, bows and arrows and was prohibited from 'r 04. J acquiring or possessing any weapons for the duration of the Order. A copy of the Order is attached hereto, incorporated by reference and marked as Exhibit "A". 4. Petitioner, in compliance with the temporary Order, relinquished to the sheriff of cumberland County certain weapons including: (a) 30 - 06 rifle; (b) a 303 Enfield rifle; (c) SKS Chinese model rifle; (d) .22 rifle; (e) a 12 gauge shotgun; (f) a second 12 gauge (pump) shotgun and (g) crossbow and two long bows. 5. On February 13, 1998, the Court entered a final Order upon consent of the parties which stated in Paragraph 7 that, "Defendants weapons and firearms licenses may be returned at the. expiration of the protection order after the Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond." A copy of the Order entered pursuant to the consent agreement of the parties is attached hereto, incorporated by reference and marked as Exhibit liB". 7. In April of 1998 the Court entered an Order vacating three portions of the Order entered on February 13, 1998, specifically that, 1) Defendant was prohibited from having SAID IS, SHUFF & MASLAND ATIOIlNEVS'AYtLAW Z6 W. IIIgh Street Carlisle, PA contact with Plaintiff, 2) Defendant was excluded from Plaintiff's residence, and 3) that Defendant was prohibited from entering any daycare facility of the parties minor child. This modification was made because Petitioner and Plaintiff Melissa 3 .. -4, May Kinsey underwent a reconciliation. A copy of the Modification Order is attached hereto and incorporated by reference and marked as Exhibit "C". 8. There have been no further instances of domestic violence nor further Protection from Abuse Orders, criminal charges, or further court action taken regarding Petitioner, either individually or in regard to his wife, Melissa Kay Kinsey. 9. As Petitioner Joseph Louis Stark and Plaintiff Melissa Kay Kinsey are reconciled and co-habitating, and as the Protection from Abuse Order has expired, Petitioner is requesting a return of his weapons from the Cumberland County Sheriff's Department. WHEREFORE, Petitioner respectfully requests the court to enter an Order directing the Sheriff of Cumberland County to release the aforementioned weapons back to the controlling custody of Petitioner along with any firearm license which they may have likewise been provided pursuant to the February 4, 1998 Order. Respectfully submitted, SAIDIS, SHUFF & MASLAND SAlOIS, SHUFF & MASLAND AlTURNEVS'AY.U.W Z6 W. lII!h St,.., Cull.J.. P^ Date :J-/-?? By: Mar Supr 26 W st High Stree Carli Ie, PA 17013 , (717) 243-6222 Counsel for Petitioner 4 ... ... '. EXHIBIT A 'tI ~ .. "l.t,,- ~ '.""".."..,~._",,,... .-,.....>T;~.,,_,.,.__. "..... I~ - , ....m ,-,.--., .. < MELISSA MAY KINSEY, for herself and on behalf of her minor child, MISTY ALCIA KINSEY, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98. '" 75 CIVil. TERM JOSEPH LOUIS STARK, Dellmdant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this ~day of February, 1998, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Melissa May Kinsey, for herself and on behalf of her minor child, Misty Alcia Kinsey, temporarily residing at an undisclosed location for her protection and that of her minor child, whose permanent address is 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, are in immediate and present danger of abuse from the defendant, Joseph Louis Stark, the following Temporary Order is entered. Lmv enforcemem agencies, hllman sen'ice agencies and school districls shall nol disc/ose the presence of Ihe plaillliff or her minor children in Ihe jurisdiclion or district or furnish any address, lelephone number, or allY olher demographic information about Ihe plaillliff or her minor children except by furrher Order ofCollrl. The defendant, Joseph Louis Stark (SSN: 195-42-3064)(DOB: 1/14/52), currently incarcerated in Cumberland County Prison, whose permanent address is 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Melissa May Kinsey, or her minor child, or from placing them in fear of abuse. The defendant is excluded from the plaintiff's residence located at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties, and the defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. ~ '. The dclendant is ordered to rerrain from having any direct or indircct contact with the plaintiff or her minor child. Misty Alcia Kinsey including, but not limited to, telephone and written communications, The defendant is enjoined from harassing and stalking thc plaintiff and from harassing her relatives, or the minor children. The defendant is enjoined from entering the plaintiff's place of employment or her minor child's place of employment, the school of her minor child, and the day care facility of the parties' minor child. The defendant is enjoined rrom damaging or destroying 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, ~61l3; ii) a private criminal complaint under 23 Pa.e.S, ~61l3.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. !j6114, punishable by imprisonment up to six months and a fine of $100,00-$1,000.00; and iv) civil contempt under 23 Pa.e.S. ~61l4.1. 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 bas engaged in a pattern or practice that indicates risk of harm to the plaintiff and/or her minor child, Misty Alcia Kinsey. Temporary custody of Joseph Robert Stark, is hereby awarded to the plaintiff, Melissa May Kinsey. The defendant is ordered to relinquish to the sherin's department any weapons which he owns or possesses including, but not limited to rilles, shotguns, bows and arrows, and the defendant is prohibited from acquiring or possessing any weapons for the duration of this Order, and is ordered to relinquish to the sheriff any firearm license he may possess. ~ '. A copy or this Order shull be transmitted to the chier or head or the police department that services the area where the defendant resides and to the sherilT or Cumberland County. A BEARING SHALL BE HELD ON THIS MAllER ON FEBRUARY U:5 1998, AT .::J '. (\(') ~,M" IN COURTROOM NO..'3 ' OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANL\. 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 East Pennsboro Township and West Shore Regional Police Departments shall be provided with a certified copy 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. ~61 13). By the Court, AI-.. y,,~?' - t? 1J.(f ) Judge , Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff ~f1~E COpy FROM RECORD 1:1 I 83hmony WhOreot, I here unto set my hanci a~ the 50;;1 01 said Ccurt at. Carlisle, Pa. fllis 4140' day 01 ,<F...eYI.. 11I9g- . L \ ,\0. r'i iY 11~\(lItG"'1? ,(17.7" Prolhonotary , .. MELISSA MA Y KINSEY, for herself and on behalf of her minor child, MISTY ALCIA KINSEY, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JOSEPH LOUIS STARK, Defendant NO, 98- CIVIL TERM PROTECTION FROM ABUSE 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 a 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. Any Protection Order granted by a Court may be considered in any subsequent domestic relations proceedings, including custody actions. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of$25.00 will be assessed against you. You may also be required to pay up to $250.00 to reimburse one of Legal Services, Inc.'s funding sources for Legal Services. Inc.'s representation of the plaintiff. You have the right to be represented by counsel. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 or TOLL FREE: 1-800-990-9108 FAJ(: (717)249-2663 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. .". < MELISSA MAY KINSEY, for herself and on behalf of her minor child, MISTY ALClA KINSEY, v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- CIVIL TERM JOSEPH LOUIS STARK, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 Pa,C,S. ~6101 et seq, A. ABUSE I. The plaintiff, Melissa May Kinsey, is an adult individual whose permanent address is 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania 17025. 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be fumished to the court upon request. 3. The defendant, Joseph Louis Stark (SSN: 195-42-3064)(008: 1/14/52), is an adult individual whose permanent address is 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, 17025. The defendant is currently incarcerated in Cumberland County Prison where he has been since his arrest on February 2, 1998. 4. The defendant is the father of the parties' 2-year old child, Joseph Robert Stark. 5. Since approximately 1990, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, falsely imprisoned her and her child pursuant to 18 Pa. C.S. ~ 2903, physically abused her minor child, Misty Alcia Kinsey; placed her and her child in reasonable fear of imminent serious bodily injury, and bas knowingly engaged in a course of conduct or repeatedly committed acts toward her and her child ~ , , { ! I. ( j, I, < under circumstances which have placed the plaintiff and her child in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a) On or about February I, 1998, the defendant called the plaintiff humiliating names, yelled, "Die, bitch..., followed her outside as she left the house with the parties' 2-year old son, Josephe Robert Stark, in her arms, punched her in the back of the head. The plaintiff drove to the East Pennsboro Township Police Department and reported the incident and the defendant was charged with simple assault by the East Pennsboro Township Police, arrested and remanded to Cumberland County Prison where he remains. A preliminary hearing and bail reduction hearing was scheduled for Wednesday, February 4, 1998, at noon before District Justice Manlove. The charges were bound over for trial, the defendant's bail was reduced to $50,000.00, and he remains in Cumberland County Prison as of the filing of this Petition. The plaintiff sought medical attention at Holy Spirit Hospital for injuries she sustained as a result of this incident. The plaintiff sustained bruising, swelling and soreness about her eye, face, and head, and her nose was broken (see attached Exhibit B, attached hereto and incorporated by reference). b) In or about early January, 1998, the defendant grabbed the plaintiff's 16- year old daughter, Misty A1cia Kinsey, by the back of her neck, shoved her head down toward the toilet, and called her "nigger." c) In or about October or November, 1997, the defendant grabbed Misty by her hair, jerked her out of the chair, slapped her in the head, pulled her ear, and kicked her in the leg. d) In or about February 1997, the defendant backed the plaintiff's 18-year old daughter, Amanda, into the corner, and as she cowered on the floor, he punched J .' ., '. her in the face. When the plaintiff interceded to protect her daughter, the defendant knocked her bacl.:ward, causing her to fall to the floor, strike her head on the floor and lose consciousness momentarily. The defendant got a loaded rifle, pointed the gun at the plaintiff and the children, and threatened to kill everyone in the house and himself. The defendant told the plaintiff to take Misty and Joseph upstairs or he would shoot her, threatened to blow them all away if anyone tried to telephone the police for help, and held Amanda at gunpoint in the kitchen. Amanda sustained a bruised and swollen eye as a result of this incident, and the plaintiff sustained soreness about her head and vision problems for days as a result ofthis incident. e) In or about 1996, the defendant cornered Misty behind the door and held his fist in her face in a threatening manner causing her to fear that he was going to strike her. o In or about the summer 1995, the defendant punched Misty in the mouth causing her to fall to the floor, and spit in her face as she lay on the floor. Misty, who was wearing an orthodontic prosthesis when the defendant struck her, sustained lacerations on the inside of her mouth and swelling and soreness about her mouth as a result of this incident. g) In or about 1995, the defendant backed Misty into a corner while yelling at her and poked his finger into her eye. The child sustained bruising on her eye and vision problems over a period of time as a result of this incident. h) In or about 1994, the defendant swung his arm at Misty with such force that he knocked her over the couch, causing her to fall to the floor striking her head on the floor. Misty sustained soreness about her head as a result of this incident. .". , . i) [n or about 1990 or 1991, the defendant punched the plaintiff about her face and head. The plaintiff sought treatment at Holy Spirit Hospital for injuries she received as a result of this incident including, but not limited to, bruising., swelling and soreness about both her eyes and a broken nose. j) Since approximately 1990, the defendant has abused the plaintiff and her children, particularly her minor child, Misty, in ways including, but not limited to grabbing, shoving, slapping, punching, and kicking them. The defendant has threatened to kill and/or harm them saying: "I'm going to pound you into the ground;" "['II punch a hole right through you." The abuse has also included: intimidating them by cornering or backing them against waifs, holding his fist up to them in a threatening manner, poking them in the chest while talking to them, at times causing bruising, and calling them humiliating names. 6. On or about February I, 1998, the plaintiff and her two minor children left their residence at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she and her minor child, Misty Alcia Kinsey, are in immediate and present danger of abuse from the defendant should they return to the home without the defendant's exclusion and that they are in need of protection from such abuse. 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff or her minor child, Misty Alcia Kinsey, including, but not limited to, telephone and written communications. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives, or the minor children, 10, The plaintiff desires that the defendant be restrained from entering her place of employment or her minor child's place of employment, the school of her minor child, or the day care facility of the parties' minor child. 11. The plaintiff desires that the defendant be enjoined from damaging or destroying any property owned jointly by the parties or owned by the plaintiff. 12. The plaintiff desires that any weapons the defendant owns or possesses including, but not limited to: rifles, shotguns, bows and arrows, be confiscated by the Sheriff's Department, that the defendant be prohibited from acquiring or possessing any weapons for the duration of the Temporary Protection Order, and the plaintiff desires that the defendant be ordered to relinquish to the sheriff any firearm license he may possess. B. EXCLUSIVE POSSESSION 13. The home from which the plaintiff is asking the Court to exclude the defendant located at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania is owned in the names of Melissa May Kinsey and Joseph Louis Stark. 14. The plaintiff currently has no place to stay with her children except the marital home, and the defendant is currently incarcerated in Cumberland County Prison. 15. The plaintiff desires possession of the home so as to give the greatest degree of continuity to the lives of the children and to allow her minor child, Misty Alcia Kinsey, to continue her education at her school and to continue her school and social activities. C. SUPPORT 16. The defendant has a duty to support the plaintiff and the parties' minor child. 17. The plaintiff is in need of financial support from the defendant including, but not limited to the mortgage payment on the residence at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania. 18. The defcndant is self-employed as a paintcr (union), and earns a mininum of approximately $15.00 per hour. 19. The plaintiff's income is insufficient to provide for her minimal needs and those of the parties' minor child until such time as a support order can be obtained by filing at the Domestic Relations Office. 20. The plaintiff intends to petition for support within two weeks of the issuance. of a protection order, D. LOSSES AND REIMBURSEMENT FOR COST OF CASE 21. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 22. The plaintiff asks that the defendant be ordered to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating this case, and that the defendant be assessed the $25.00 surcharge and any court costs if the case goes to hearing. E. TEMPORARY CUSTODY 23. The plaintiff seeks temporary custody of the following child: ~ Joseph Robert Stark Address undisclosed location Al!e 2 years old DOB: June 13, 1995 The child was born out of wedlock. The child is presently in the custody of the plaintiff, Melissa May Kinsey, who resides at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, but is temporarily staying at an undisclosed location for her protection and that of her minor child. I I I .' Since his birth the child has resided with the following persons and at the following addresses: ~ Plaintiff and her daughter, Misty Alcia Kinsey Plaintiff, defendant, and Misty Address undisclosed location 21 Ridge Avenue Enola, PA .!!l!m From February I, 1998 to the present From August, 1997 to February, I, 1998 Plaintiff, defendant, Misty and plaintiff's daughter, Amanda Kinsey 21 Ridge Avenue Enola, P A From June 13, 1995 to August, 1997 The plaintiff, the mother of the parties' minor child is Melissa May Kinsey, temporarily residing at an undisclosed location for her protection and that of her minor child, Misty A1cia Kinsey. She is divorced. The plaintiff cannot divulge with whom she currently resides without compromising her location which is undisclosed for her protection and that of her minor child, Misty Alcia Kinsey. The defendant, the father of the parties' minor child is Joseph Louis Stark, currently incarcerated in Cumberland County Prison. He is divorced. 24. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 25. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 26. 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. .". 27. 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 has provided for the emotional and physical needs of the child since his birth and is a responsible parent who can best take care of the minor child. b) The defendant has shown by his abuse of the plaintiff and her minor child, Misty Alcia Kinsey, that he is not an appropriate role model for the minor child. c) The defendant's behavior has adversely affected the child. d) The defendant forcibly removed the child from the plaintiff in that he grabbed the child from her arms after assaulting her on February 1, 1998, and refused to allow the plaintiff or the police to retrieve the child resulting in a stand-off with several police officers over several hours causing concern for the child's safety. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P.S. ~6101 et seq., 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 her minor child or from placing them in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or her minor child, Misty Alcia Kinsey, including, bt not limited to, telephone and written communications. .~. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the minor children, 4. Prohibiting the defendant from entering the plaintiff's place of employment or her minor child's place of employment, the school of the minor child, or the day care facility of the parties' minor child. 5. Prohibiting the defendant from damaging or destroying property jointly owned by the parties or owned by the plaintiff. 6. Granting possession of the home located at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a final order in this matter. 7. Granting temporary custody of the parties' minor child, Joseph Robert Stark, to the plaintiff. 8. Ordering the defendant to relinquish to the sheriff's department any weapons which he owns or possesses including, but not limited to: rifles, shotguns, bows and arrows, prohibiting the defendant from acquiring or possessing any weapons for the duration of the Temporary Protection Order, and ordering the defendant to relinquish to the sheriff any firearm license he may possess. 8, 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 her minor child, Misty Alcia Kinsey, or from placing them in fear of abuse. 2. Ordering Ihe dclendant 10 refrain from having any direct or indirect contact with the plaintiff or her minor child, Misty Alcia Kinsey, including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the minor children, 4. Prohibiting the defendant from entering the plaintiffs place of employment or her minor child's place of employment, the school of the minor child, or the day care facility of the parties' minor child. 5. Prohibiting the defendant from damaging or destroying property jointly owned by the parties or owned by the plaintiff. 6. Granting possession of the home located at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a final order in this matter. 7. Ordering the defendant to relinquish to the sheriffs department any weapons which he owns or possesses including, but not limited to: rifles, shotguns, bows and arrows, prohibiting the defendant from acquiring or possessing any weapons for the duration of the Protection Order, and ordering him to relinquish to the sheriff any fircarm license he may possess. 8. Granting support to the plaintiff and the parties' minor child in the amount of $50.00 per week payable to the plaintiff in the form of a check or money order, mailed to her mailing address, and ordering the defendant to pay all of the unreimbursed medical expenses of the- plaintiff and/or parries' minor child to Ihe provider or to the plaintiff when she has paid for i ! I \...: ., I' I! I I' I -'. the medical treatment, and ordering the defendant to make mortgage payments on the residence of the plaintiff. 9. Granting temporary custody of the parties' minor child, Joseph Robert Stark, to the plaintiff. 10. Ordering the defendant to reimburse the plaintiffs out-of-pocket losses suffered as a result of the incident which occured on or about February I, 1998, including, but not limited to, the losses listed on the attached sheet marked Exhibit A. 11. Ordering the defendant to pay $250.00 to Cumberland County, one of Legal Services, Inc. 's funding sources as reimbursement for the cost of litigating this case, and assessing the $25.00 surcharge and court costs to the defendant if the case goes to hearing. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the East Pennsboro Township and West Shore Regional Police Departments which have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, J$J @~ :' Joaii Carey, Attorney r Plaintiff LEGAL SERVICES, INe. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 DISK: DVXXIIJA: KINSEY. DOC The above-named plaintiff, Melissa May Kinsey, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa,C.S, ~4904 relating to unsworn falsification to authorities, I , em. Melissa May Kinsey, Plaintiff I 'j Date: rl. - ~-<=1 8'" j , MELISSA MA Y KINSEY, for herself and on bebalf or her minor child, MISTY ALCIA KINSEY, v, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 98. CIVIL TERM JOSEPH LOUIS STARK, Derendant : PROTECTION FROM ABUSE OUT-OF-POCKET LOSSES The plaintiff requests that the defendant reimburse her out-of.pocket losses, including but not limited to the following: Any and all medical expenses not reimbursed through the plaintiff's medical insurance coverage relating to injuries she sustained as a result of the incident on or about February I, 1998. (The hospital has not billed the plaintiff as of the filing of this petition). s . Lost wages as a result of the incident which occured on or about February I, 1998. $97.20 EXHIBIT A MELISSA MA Y KINSEY, for herself and on uehalf of her minor child, MISTY ALCIA KfNSEY, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JOSEPH LOUIS STARK, Defendam NO. 98-675 CIVIL TERM PROTECTION FROM ABUSE ~OTECTION ORDER AND NOW, thil ~ da} of February, 1998, upon consideration Agreement of the parties, the following Order is emered; I. The defendant, Joseph Louis Stark, is enjoined from physically abusing the of the Consem plaintiff, Melissa May Kinsey, and/or her minor child, Misty Alcia Kinsey, or from placing them in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiffs minor child, Misty Alcia Kinsey, including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and her minor child, Misty Alcia Kinsey, and from harassing her relatives and the parties' minor child, Josepb Robert Stark. 4. The defendant is prohibited from entering the plaimiff's place of employment or the place of employment or the school of the plaintiffs minor child, Misty Alcia Kinsey, or the day care facility of the parties' minor child, Joseph Robert Stark. 5. The defendant is prohibited from damaging or destroying property owned by the plaimiff or jointly owned by the parties. 6. The defendant is excluded trom the plaintiff's residence located at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, and the defendant is ordered to stay away from any residence the pJaimiff may in the future establish for herself, except for the limited ., j I~ I, II ! ( I ] purpose of transferring custody at which times the defendant shall remain in his vehicle on the street at the curb. 7. The defendant is ordered to relinquish to the sherifl's department any weapons which he owns, possesses, has used or threatened to use in an incident against the plaintiff and/or the minor children. The defendant is prohibited from acquiring or possessing any other weapons for the duration of the Protection Order and is ordered to relinquish to the Cumberland County Sheriff's Department any firearm license he may possess. The defendant's weapons and firearm license may be returned at the expiration of the Protection Order after the defendant has submitted a written request to the Court for the return of the weapons and the Court has notified the plaintiff of the request and given the plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chiefs of the East Pennsboro Township Police Department and the West Shore Regional Police Department, and the sheriff of Cumberland County. 8. The defendant shall submit to a drug and alcohol evaluation by one of the accredited drug and alcohol programs approved by the Cumberland County District Attorney's ARD Program and shall follow any and all treatment recommended by program staff and remain in treatment until released, In addition, the defendant shall address his behavior regarding anger and violence in bis relationships by entering into the batterer treatment program through Tressler Lutheran Services, 960 Century Drive, Mechanicsburg, PA 17055, Telephone: (717) 1"95-0330, and shall remain in group until released by therapists 9. The defendant is ordered to reimburse the plaintiff's out-of-pocket losses for any and all unreimbursed medical costs incurred as a result of the incident which occured on or about February I, 1998, including, but not limited to, the losses listed on the attached sheet marked Exhibit A. The defendant shall reimburse the total amount of losses to the plaintiff by valid check or money order made payable to the plaintiff. mailed to her mailing address within 60 days of the entry of this Order. An award under this chapter shall not constitute a bar to litigation for civil damages for injurics sustaincd Irom thc acts of abuse giving risc to the award or a finding of contcmpt undcr this chapter, 10. Court costs and fecs are waived. 11. The following is ordcred with rcgard to custody ofthc parties' minor child, Joscph Robert Stark. a) The parties shall share legal custody of the child. b) The mother shall have primary physical custody of the child. c) The father shall have partial custody of the child on dates and at times mutually agreed upon by the parties. d) The father shall not remove the child from this Court's jurisdiction without tbe written consent of the mother. e) The father shall not use alcohol immediately prior to or during his periods of partial custody with the child. If the mother has reasonable cause to believe that the father is under the influence of alcohol when he arrives to pick up the child, she may withhold the father's visit at that time for the safety of the child. l) The mother and father agree that each shall notizy the other of all medical care the child receives while in that parent's care. Each parent shall notizy the other immediately of medical emergencies which arise while the child is in that parent's care. g) Neither party shall do or say anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. 12. 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 MELISSA MA Y KINSEY, for herself and on behalf of hcr minor child, MISTY ALCIA KINSEY, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-675 CIVIL TERM JOSEPH LOUIS STARK, Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT 1-4/ This Agreement is entcred on this !J... day of February, 1998, by the plaintiff, Melissa May Kinsey, for herself and on behalf of her minor child, Misty A1cia Kinsey, and the defendant, Joseph Louis Stark. 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 cntered as an Order of Court. I. The defcndant, Joseph Louis Stark, agrees to refrain from abusing the plaintiff, Melissa May Kinsey, and/or her minor child, Misty Alcia Kinsey, or from placing them in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff's minor child, Misty A1cia Kinsey, including, but not limited to, telephone and written communications. 3. The defendant agrees not to harass and stalk the plaintiff or her minor child, Misty A1cia Kinsey, and not to harass the plaintiff's relatives and the parties' minor child, Joseph Robert Stark. 4. The defendant agrees not to enter tbe plaintiff's place of employment or the place of employment or school of the plaintiff's minor child, Misty A1cia Kinsey, or the day care facility of the parties' minor child, Joseph Robert Stark. S. The defendant agrees not to damage or destroy property owned by the plaintiff or jointly owned by thc parties. 6, The defendant agrees to slay away from the plaintiff's residence located at 21 Ridge Avenue, Enola, Cumberland County, Pennsylvania, and the defendant agrees to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody at which times the defendant will remain in his vehicle on the street at the curb. 7. The defendant agrees to relinquish to the sheriff's department any weapons which he owns, possesses, has used or threatened to use in an incident against the plaintiff and/or minor children. The defendant agrees not to acquire or possess any other weapons for the duration of the Protection Order and agrees to relinquish to the Cumberland County Sheriff's Department any firearm license he may possess. The defendant's weapons and firearm license may be returned at the expiration of the Protection Order after the defendant has submitted a written request to the Court for the retum of the weapons and the Court has notified the plaintiff of the request and given the plaintiff an opportunity to respond. 8. The defendant agrees to submit to a drug and alcohol evaluation by one of the accredited drug and alcohol programs approved by the Cumberland County District Attorney's ARD Program and follow any and all treatment recommended by program staff and remain in treatment until released. In addition, the defendant agrees to address his behavior regarding anger and violence in his relationships by entering into the batterer treatment program througli Tressler Lutheran Services, 960 Century Drive, Mechanicsburg, PA 17055, Telephone: (717) 795-0330, and remaining in group until released by therapists. 9. The defendant agrees to reimburse the plaintiff's out-of-pocket losses for any and all unreimbursed medical costs incurred as a result of the incident which occured on or about February 1, 1998, including, but not limited to, the losses listed on the attached sheet marked Exbibit A. Tbe defendant agrees to reimburse the total amount oflosses to the plaintiff within 60 days of the entry of the Protection Order by mailing a valid check or money order made payable to the plnlntill'to her nllliling address. 10, The defendant, although entering into this Agreement, does not admit the nllellations made in the Petition, II, The defendant understands tbat the Protection Order entered in this matter will be In effect lor a period of one (1) year and can be e~ended 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 ham! to the plaintiff and/or her minor child, Misty Aida Kinsey. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 12. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa,C,S. *6113; ii) a private climinal complaint under 23 Pa,C.S. *6113.1; iii) a cbarge of indirect criminal contempt under 23 Pa.C.S. ~6114, 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. ~6114.1. 13. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child, Joseph Robert Stark. a) The parties will share legal custody of the child. b) The mother will have primary physical custody of the child. c) The father will have partial custody of the child on dates and at times mutually agreed upon by the parties. d) The fatber will not remove the child from this Court's jurisdiction without the written consent of the mother. e) The father will not use alcohol immediately prior to or during his periods of partial custody with the child. If the mother bas reasonable cause to believe that the father is under the intluence of alcohol when he arrives to pick up the child, she may withhold the father's visit at that time for the safety of the child. f) The mother and father agree that each will notizy the other of all medical care the child receives while in that parent's care. Each parent will notizy the other immediately of medical emergencies which arise while the child is in that parent's care. g) The parties realize that their child's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that a Protection Order be entered to reflect the above terms. &/.~ Joseph LoUIS Stark, Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 '.1 VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. g 4904, relating to unsworn falsification to authorities. DATED: J~.~,A~ I Sallie CERTIFICATE OF SERVICE day of '----///: J., (~-I( ./ . ( Osman hereby certJ.fy that I served a true and correct copy On this 0""; j-J , 1999, I, of the foregoing Petitoin upon counsel for all parties of record via United States Mail, postage prepaid, addressed as follows: Joan Carey Legal Services 8 Irvine Row Carlisle, PA 17013 SAIDIS, SHUFF & MASLAND A1TORh'EYS'AT.t.AW 26 W, lII!h Slree' Ca,II.I., P^ j , W: ''-I "i) ::., ~~,~{~: :}::~ ~ r k ~ ~ ~~ ...q ~' . , , ~ ~" ' ('> ...-, ('> C \1' "Tt ..- ., ::~ :;J -,i'~' rf:lf.\ ...... {;1p;1 :Z:n :'.) ~f< t . , -fJ~ Co.-":"; - ":-1 -) r-' ,', ") .....-::~ ~ ~~ ~t~ r~c; .":''''\ -;!: \~)P <:" ~5 n -., .-/ .~ ..:, ", ...:. ,n -< MELISSA MAY KINSEY, fbr herselfnnd on behnlfofher minor child, MISTY ALCIA KINSEY, PlnintifTs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOSEPH LOUIS STARK, Defendanl NO. 98-0675 CIVIL TERM ORDER OF COURT AND NOW, this 50~ay of April, 1999, upon relation of Sergeant Barry Horn of the Sheritrs Office that Defendanl may not lawfully possess certain of the weapons which had been seized by the sheriffin this case, lhe order of court daled April 23, 1999, is clarified to indicate that nolhing in the order is intended to be construed as directing the return of weapons to Defendant which he is prohibited by law from possessing or owning. BY THE COURT, vweSley Olcy.. r" J. Joan Carey, Esq. 8 Irvine Row Carlisle, P A 17013 Attorney for Plaintiffs \1!ri'!/-~;S~j~l::d }J',Jf",r(", (~. ,: -t~'.':1-:I"'\f18 1.1 :.. ...I .J ' -. .'~" I u:z \.1rl OC CldH,5 AI:lV1Ci,;':'Hl'.. C'~ ~l U. :10 3:)i:l:!o-O~11:l ,'" r r ,~ TeE C' . ;.--., ...,v " O,"'J-'t'\t,'l .' ,,\ . [I fi; 2,~ 22 C:;." '.'" I'u ;, : j (' i) '\'1'{ l ":, .. ..~" . I ....,,)i L',:/","'"':''' ......... . /,' ~ (.) C'. 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