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limited to, telephone and IHitten communication~,
The defendant i~ enjoined from hnrn~~ing and stnlking the
plaintiff und from haras~ing the plnintiff'~ ,'elatives,
The defendnnt i~ enjoined from entering the plnintiff's
place of employment or the ~chool of the minol' chi Id.
The defendunt is enjoined from dumuging or destroying nny
property owned jointly by the parties or owned solely by the
plainti ff.
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa,C,S. Y6113; ii) a private criminal complaint
under 23 Pa.C.S. Y6l\3.t; iii) a charge of indirect criminal
contempt under 23 Pa.C.S. Y6114, punishable by imprisonment up to
six months and a fine of $100,00-$1,000.00; and iv) civil
contempt under 23 Pa.C. S, Y6114. I. Resumpt ion of co-residence on
the part of the plaintiff and defendant shal I not nullify the
provisions of the court order.
This Order shall rema in in effect unt i I modi fied or
terminnted by the Court und con be extended beyond its originoI
expiration date if the Court finds that the defendant has
committed another act of abuse or ha~ engaged in 0 pottern or
practice that indicates continued risk of harm to the plaintiff,
The defendant i~ ordered to relinquish to the sheriff's
department any weupons which he owns or possesses inClUding, but
not limited to rifles, shotguns, bows and nrrows. The defendant
also is prohibited from ncquiring or possessing nny other weupons
for the durat ion of this Order, /ind is ordered to rei inquish to
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COlll'l lhlll IsslIed the arc/cr. When lhlll COUI'l Is lInllvlll/llhle, lhe
dcfendnnl shllll he tllkcn hefore the IIpprol'rllllc dlslrlct Jusllce,
(23 PII,C,S, g 6113),
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P J II i nl iff'
I N TilE ('OUR'I' 01' COMMON PLEAS OF
v,
CUMJlEIlLAND COUNTY, PENNSYLVANIA
Richllrd IV, I\o~er,
Dcfendllnt
NO. 98-
CIVIL TERM
PIlO'l'ECTION FROM AnUSE
NOTICE
You have been sucd in court. If you wish to defend agllinst the
claims set forth in the fol lowing pages, you must tllke action promptly
after this Petition, Order Ilnd Notice Hre served, byappellring
personally or by Ilttorney lit the hearing scheduled by the Court and
presenting to the Court your defenses 01' objections to the claims set
forth against you, You lire wllrned that if you fai I 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 wi II be assessed against you. You may
also be required to pay up to $250,00 to reimburse one of Legal
Services, Inc. 's funding ~ources 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 11 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 01' TOLL FREE: 1-800-990-9108
FAX: (717)249-2663
AMERICANS WITH DISABII.rTIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law
to comply with the Americnns with Disabilities Act of 1990. For
information about accessible facilities and reasonnble accommodations
availnble to disnbled individual~ having business before the court,
please contnct our office. All arrangements must be made at least 72
hours prior to nny hearing or business before the court, You must
attend the scheduled conference or hearing.
"'
Dlulle E, Koser,
P I II i lit iff
I N TilE COUllT OF COMMON PLEAS Of'
v,
CUMBERLAND COUNTY, PENNSYLVANIA
Rlchurd W, Koser,
Defendant
NO. 98-
CIVIL TEIlM
PROTECTION FROM ABUSE
PETITION FOR PROTECTION ORDER
RELIEF UNDER TilE PROTECTION FROM ADUSE
ACT, 23 PII,C.S. ~ 6101 et seq.
A. ARUSE
t. The plaintiff, Diane E, Koser, is an adult individual
residing lit 306 East Orange Street, Shippensburg, Cumberland
County, Pennsylvania 17257.
2. The defendllnt, Richard IV, Koser, (SSN: unknown)(Date of
Birth: 8/15/58), is IIn adult individual residing at 2630H
Shippensburg Road, BigJerville, Adams County, Pennsylvania 17307.
3. The defendant is the plaintiff's husband,
4, Since approximately 1993, the defendant has attempted
to cause und has intentionally, knowingly, or recklesSly caused
bodi Iy injury to the plaint i ff, has placed the plaint i ff in
reasonable fear of imminent serious bodi Iy injury, and has
knowingly engaged in a course of conduct or repeatedly committed
acts toward the plaint i ff including fol lowing the plaint iff,
without proper authorization, under circumstances which have
placed the plaintiff in reasonable fellr of bodi Iy injury, This
has included, but is not limited to, the following specific
instances of abuse:
II, On or about February 3, t998, the defendant
stalked and harllssed the plaintiff by following her to
her residence, elllllng her severlll times on the
telephone, IInd threlltenlng to hurn her house down,
After the derendllnt left the plllintlff's residence, he
clllled her sevcrlll more times that night IInd threlltened
t hilt he woul d hUl'n he J' house down IInd t hilt she woul d he
sorry, cllusing her to fear for hDr life,
b, On or IIbout .January 29, 19CJR, the defendant wlllted
for the plaintiff in the parking lot of her residence
and when she arrived home, hD threatened to kill her
and blow her head off cllusing her to fCllr for her I i fl'.
The police were called IInd they filed charges against
the defendant.
c, In or about the middle of .January 1998, the
defendant stole keys to the plllintiff's IIpllrtment,
broke into her llpllrtment, llnd stole pictures, tllpes,
and her underwDllr,
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d. In or about the beginning of December 1997, the
defendant made threllts to the pllllntiff including, but
not limited to, the following: "I llm going to kill
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you;" I just got a new gun that holds thirty rounds;"
IInd "Do not go to work or there wll I be II blood bnth,"
The threats caused the plllintiff to fellr for her life
I
and call the pol ice to escort her to work, where they
found the defendant Will t ing in the pllrking lot for the
(lla int I ff. The po I Ice filed chllrges agll inst the
defendllnt,
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!!. In 01' IIhout till! middl!! of Dec!!mher 1997, till!
def'Jllllllnt grllhhed the pllllntl ff hy thc hllck of her hend
IInd neck, grllhhed h!!r shirt with his other hllnd nnd
ripped it, IInd shoved hcr through douhle glnss doors
cnusing bruises on her hip nnd scrlltches on her neck.
r. On 01' about December 15, 1997, the defendant
stalked and hlll'nssed the plnintiff at her employer's
Christmus party by cal ling several times, driving his
CUI' around the hui Iding, nnd following her home after
the pnrty,
g, In or about November 1997, the defendunt became
angry and threatened the parties' minor child telling
tbe child she would be sorry if her mother got child
support, This caused the plaintiff and child to fear
for their safety,
h, Tn 01' nbout November t997, when the plaintiff
realized there was a gun in every cornel' of the
defendant's residence, she nttempted to leave, but the
defendant refused to al low her to leave, picked up n
knife, and pointed it at her. The defendant grabbed
his gun, put it in his mouth, und threatened thnt she
would watch him kill himself. The defendant again
pointed the knife at the pluintiff and threatened that
if she went for her eliI', he would shoot her,
i, On severlll occasions since 199J, the defendant hilS
shoved, pushed, slapped, IInd gl'lIhbed the plaintiff.
Since the plaintirr left the dl.fendanl in Septemher
1'197, the defendnnt's slalklng, threatening, and ahuse
of her hils escalated. On severlll occllsions, the
defcndllnt hils waited for the plllintiff in the pllrking
lot of her residcnce IInd placc of employmcnt.
5. On or IIbout September 14, 1997, the plllintiff and the
minor child left their residence at 26JOII Shippensburg Road,
Biglerville, Adams County, Pennsylvllnia, in order to avoid
further IIbuse.
6. The plaintiff believes IInd therefore livers that she is
in immedillte and present danger of abuse from the defendant and
that she is in need of protection from such abuse.
7. The plaintiff desires that the defendllnt he prohibited
from having any direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications.
8. The plaintiff desires that the defendllnt be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
9. The plaintiff desires that the defendant be restrained
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from entering her place of employment 01' the school of the minor
chi 1d.
10. The plaintiff desires that the defendant be enjoined
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from damaging or destroying any property owned jointly by the
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parties or owned solely by the plaintiff.
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II. The plaintiff desires that IIny wealHHIS the dcfendllnt
owns, possesses, lInd has used 01' threlltened to use IIgllinst the
plaintiff be confiscllted hy the Sheriff's Depllrtment.
~!>XCLllSIVE POSSESSION
12. The apartment which the plaintiff is asking the Court
to order the defendant to stllY away from is not owned or rented
in the defendant's name.
IJ. The defendant has his own residence located at 263011
Shippenshurg Road, Biglervil Ie, Pennsy1vllnia.
C. SUPPORT
14. The defendllnt has a duty to support the minor child.
15. The plaintiff is in need of financial support from the
defendant.
16. The defendant is employed at Martin's Bllkery, and has
annual salary of $50,000.
17. The plaintiff's income is insufficient to provide for
the minimal needs of the chi Idren until such time as a support
order can be obtained by fiJ ing at the Domestic Rclations Office.
18. The plaintiff intcnds to petition for support within
two weeks of the issuance of a protective order.
n. REIMBURSEMENT FOR COST OF CASE
19. The plaintiff asks that the defendant bc ordered to pay
$250.00 to reimburse one of Legnl Services, Inc. 's funding
sources fur the cost of Iltlgllting this case.
WIIEREFORE, purSUAnt to the Pl'ovlsions of the "Protection
from Abuse Act" of Octoher 7, 1<)76,2.1 Pa.C.S. 9 6101 ct seCl., as
amended, the plaintiff prays this 1I0nllrahle Court to grant the
folluwing relief:
A. Grant a Temporary Order pursullnt to the
"Protection from Abuse Act:"
I. Ordering the defendant to refrain from
abusing the plaintiff or from placing her in fear
of abuse.
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintiff's place of employment or the school of
the minor child.
5. Prohibiting the defendant from damaging or
destroying property jointly owned by the parties
or owned solely by the plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence located at J06 East Orange
Street, Cumberland County, Pennsylvania, and any
othcr resldcnce the plnintiff mllY cstnllllsh.
7. Ordering the dcfendnnt to rclinquish to thc
shcriff's departmcnt any wenpons which he owns,
possesscs llr hils uscd llr thrcatcncd to use against
the plaintiff, and prohibiting the defendant from
acquiring or posscssing any othcr weapons for thc
duration of thc ordcr.
B. Schedulc a hearing in accordance with thc provisions of
the "Protection from Abuse Act," and, aftcr such hearing, enter
an order to be in cffect for u pcriod of one year:
I. Ordering the dcfendant to refrain from
abusing the plaintiff or from placing her in fear
of abusc.
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, te1cphone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defcndant from entering the
plaintiff's place of employment or the school of
the minor chi Id.
5. Prohibiting the defcndant from damaging 01'
dcstroying property jointly owned by thc partics
ur owned solely by the plaintiff.
7. Ordering the dcfendant to rclinquish to the
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6. ordering the defundant to stay away from the
plaintiff's resilience located at 306 Ellst Orange
Strcct, Cumberlllnd County, Pennsylvania, and any
other rcsidencc the plaintiff may cstllblish.
shcriff's department any weapons which hc owns,
posscsses or has used 01' thrcntcncd to usc against
the plaintiff, and prohibiting the defendant from
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acquiring or possessing any othcr wcapons for the
duration of the Order.
residencc.
8. Granting support to the minor child in an
appropriate amount according to thc support
guidelines, payable to thc plaintiff in the form
of a check or money order, mai1cd to her
9.
Ordcring the dcfcndant to pay $250.00 to
J
reimburse onc of Legal services, Inc.'s funding
sources for the cost of litigating this case.
The plaintiff further asks that this Petition be filed and
served without payment of fees and costs by the plaintiff,
jurisdiction to enforce this Order.
pending a further order at the hellring, and that certified copies
of this Petition and Order be dclivcred to the Pennsylvania state
and Mid Cumberland Valley Regional police Departments which have
The pllllntl ff prllYS for such other rei icf liS IIII1Y hc just and
proper.
Respcct fu II~' submitted,
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Ph li~~igan
.Iolln Carcy
Jane MUlier-Peterson
Attorney for Plaintiff
LEGAL SERVrCES, INC.
8 Irvine Row
Ca I' lis J e, PA 1701 J
(717) 243-9400
. .
Thc above-named plaintiff, Diane E. Kllscr, veriflcs that the
statemcnts made in thc IIhovc Pctitlon lire truc and correct. The
plaintiff understands that falsc statcmcnts hercin are madc
subject to thc penaltics of 18 Pa.C.S. 6 4904 rclating to unSWorn
falsification to authoritics.
Dn t c: Q- L{- q~
D~~
Diane E.
t. ~0.;1Q''v
Koser, Plaintiff
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DIANE E. KOSER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
RICHARD W KOSER,
DEFENDANT
98-0718 CIVIL TERM
ORDER OF COURT
AND NOW, this 12th day of February, 1998, defendant having requested a
continuance in order to retain counsel, the request IS GRANTED. The hearing
scheduled this date is continued until 11:00 a.m., Monday, March 23,1998, in
Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. The
temporary protection order entered on February 6, 1998, shall remain in full force and
effect until further order of this court.
, J.
Joan Carey, Esquire
For Plaintiff
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Anne Johnson, Esquire
246 Lincoln Way East
P.O. Box 309
Chambersburg, PA 17201
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lJiane E. Koser,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
Richard W. Koser,
Defendant
NO. 98-718 CIVIL TERM
PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this ~17 day of March, 1998, upon consideration
of the attached Motion for Continuance, the matter scheduled for
hearing on March 23, 1998, at 11:00 a.m., by this Court's Order
of February 12, 1998, is hereby rescheduled for hearing on
Monday, May 4, 1998, at 11:00 a.m. in Courtroom NO.2.
The Temporary Protection Order shall remain in effect for
one year or until modified or terminated by the COUrt.
Certified copies of this Order for Continuance will be
provided to the PennsYlvania State POlice, Mid Cumberland
Valley Regional POlice, Biglerville Police, and the Adams County
Sheriff's Department by the plaintiff's attorney.
1
By the C/"f\.
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Edgar B. ~aYley, JUdge
Joan Carey
Attorney for Plaintiff
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Lynn Y. MacBride
Attorney for Defendant
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entercd by agreem~nt of the parties hy and through their counsel.
6. The partics, by and through their counsel, agrccd that
the hearing scheduled for May 4, 1998, at 11:00 a.m. be
rcscheduled for May 12, 1998, at 2:30 p.m., to afford them time
to execute a Consent Agreement.
7. The plaintiff requests that the Tcmporary Protection
Order remain in effect until modified or terminated by the court
after notice or hearing.
8. Certified copies of the Order for Continuance will be
delivered to the Pennsylvania State, Mid Cumberland Valley
Regional Policc, Biglcrville Police, and Adams County Sheriff's
Department by the attorney for thc plaintiff.
WHEREFORE, the plaintiff requcsts that the Court grant this
Motion and reschedule this matter for hearing, and that the
Temporary Protection Order remain in effect until further Order
of Court.
Respectfully submitted,
for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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Dinnc E. Kosel',
Plnintiff
I N TilE COl1ll'" or COMMON PLEAS or
v .
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-718 CIVIL TERM
Richal'd W. Koscl',
Dcfendllnt
PROTECT ION rROM AIlUS E
EROTECTION ORDER
AND NOW, this J1 day of _~ ' 1998, upon
consideration of the Conscnt Agrcement of the Pllrties, thc
fOllowing Order is cntered:
I. The dcfendant, Richard W. Koser, is enjoined from
physically abusing thc plaintiff, Diane E. Koscl', or from placing
her in fear of abuse.
2. The dcfendant is enjoined from having any direct or
indircct contact with thc plaintiff inClUding, but not limited
to, telephone and written communications.
3. The defendnnt is ordercd to rcfrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relntives.
4. The defendant is pl'ohibited from entering the
plaintiff's place of cmployment.
5. The defendnnt is prohibited from dllmaging or destroYing
any propcrty owncd by the plaintiff or jOintly owned by the
parties.
6. The defendnnt is ordered to stay away from the
plaintiff's residence located at 306 East Orange Street,
"'
Shippcn"hurg, Cumherland County, Pcnn"ylvllnia, IInd any other
resldencc the plllint i ff I1I/lY estllhl ish.
7. The court costs "nd fees IIrc waived.
8. This Ordcr shall rClIl/lin in errect for a period of one
YCllr or unt i I l1Iodi fied or terminated by thc Court. The Order clln
be extcndcd beyond its original expiration date if thc Court
finds that the defendant has clloonitted IInother act of abuse or
has engaged in a pattern or practice that indiclltes continued
risk of harm to the plnintiff.
9. A viollltion of this Ordcr may subject the defendant to:
i) arrest under 23 Pa.C.S. Y6113; ii) a private criminal
complaint under 23 Pa.C.S. Y61tJ.li iii) a charge of indirect
criminal contempt under 23 Pa.e.S. Y6114, punishable by
imprisonment up to six months and a fine of $100.00-$1,000.00;
and iv) civil contempt under 23 Pa.C.S. Y6114.1. Resumption of
co-residence on the pllrt of the plaintiff and defendant shall not
nullify the provisions of the court order.
10. Thc Pennsylvania State and Mid Cumberland Valley
Regional Pol ice Department shall be provided with certified
copies of this Order by the plaintiff's attorney and may enforce
this Order 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 a
police officer. In the event that an arrest is made under this
section, the defendant shal I be taken without unnecessary delay
beforc thc court that Issucd thc ordcr. Whcn thllt COUI.t III
unavailablc, the dcfendllnt shall bc tnkcn bcforc thc approprlatc
district justice. (23 Pn.C.S. g 6113).
Joan Cnrey
Attorney for Plaintiff
//
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Ed,.. D. D'~"d"
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Lynn Y. MacBride
Attorney for Defcndant
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Dillne E. Koser,
Plaintiff
I N TilE COllIlT OF COMMON PLEAS OF
v.
ClIMIIEHLANIJ ('O\JNT\', PENN SYLVAN I"
NO. ')tI-71t1 CIVII.'I'EIIM
Richard W. Koser,
Defendllnt
PIlOTEl'T I ON FllllM AlIlISE
!:ONS IlliL.M1I\ImMIlN'I'
/_\h
This Agreement is entered on this ..'D.,.
1111)'
Ill'.__~~,
IIel'ullllllnt,
1998, by the plaintiff, nillne E. KOBer, IInll thc
Richard W. Koser. The pllllntlff Is represullled II)' .Iolln Cllrey of
LEGAL SERVICES, INC.; the IIcfendlllll Is reprllsulltud h)' I.)'nll Y.
Macbride of WlIlker, VllnJlorn, IInd Mllcllrllle. TI", (lllrtles IIgree
that the following IIIny he enterell liS 1111 Ol'llur of Court.
1. The defendant, Richlll'd W. Knser, IIgrues to I'efrllin from
abusing the plllintiff, Dinne E. Koser, or frolll plllcing her in
fear of lIbuse.
2. The defendllnt lIgrees not 10 hllve IIIlY direct 01' indirect
contact wi th the plni nt iff i nc ludi ng, hut not I illll ted to,
telephone and written cOlllllluniclItillns.
3. The defendnnt ngrees lI11t to hlll'lISS 1111<1 stlllk the
plaintiff and not to hllrass the (llllintll'r's rellltlves.
4. The defendant IIgrees nllt to eliteI' thll (llllilltifl"s plllce
of employment.
5. The de fendlln t IIgrees 1I0t tll dllllllll!" or des trllY nny
property owned by the (llllilll il'r or joilltly oWllod lIy the (lnl'ties.
6. The defendllnl IIgrees 10 sIllY IIWII)' from the plllintiff's
residence loclltedllt JOl; Ellst Orllng" Street, Shi(l(lensburg,
Cumbel'llInd County, Pcnns)'lvllnlll, IInd IIn)' other residence the
"
plnintiff may establish.
7. The defendant, 1I1though entering into this Agreement,
does not admit the allegations made in the Petition.
8. The defendant understands thnt the Protection Order
entered in this matter wi II be in effect for a period of one year
and can be extended beyond it original expiration date if the
Court finds that the defendant has committed another act of abuse
or has engaged in a pattern or practice thnt indicates continued
risk of harm to the plaintiff. 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.
9. Violation of the Protection Order may subject the
defendant to: i) arrest under 23 Pa.C.S. ~6113; i i) a private
criminal complaint under 23 PII.C.S. ~6113.1i iii) a charge of
indirect criminlll contempt under 23 Pa.C.S. ~6114, punishable by
imprisonment up to six months and a fine of $100.00-$1,000.00;
and iv) civil contempt under 23 Pa.C.S. ~6114.1.
WHEREFORE, the parties request that a Protection Order be
entered to reflect the above terms.
(l) V~\'v'--' ~
Diane E. Koser,
x.<~QL
Plaintiff
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Richar W. Koser, Defendant
}^<,J ~~/
JO n- Carey
Attorney for Plainti f
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 1701J
(717) 243-9400
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Lyn Y. M~ride
Attorney for Defendant
WALKER, VANHORN, & MACBRIDE
247 Lincoln Way East
Chambersburg, PA 17201
(7 17) 264-6494
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