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HomeMy WebLinkAbout00-05969 , , ---""'!b<----- ~ --- ID: Hue; 30' 00 15:02 No.OOI P.02- Mar~hall Leon Kessler, Plaintiff IN nm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVil. AcnON - LA W IN PROTECTION FROM AB~)SE Jennifer L Clnistian, Defendant NO 00-5969 CIVIL TERM \\'1TlIDRA \VAL OF APPEARANCE The Family Law Clinic, withdraws lh <lJlpearance as attol11ey of record for Marshall Leon Kessler, the plaintiff in the ubove-captioned CRse Date -qjil/1J1 }wi{ ~ f R RA~S ~--- 1 HOMAS M PLACE TERI L HENNING Supe! vising attomeys FAMfL Y LA W CLlNIC 45 North Pitt Street Carlisle. PA 17013-2899 ENTRY OF Af'I'I':AIUNC~ Please enter the appearance (If Gary L Kelley, b;~.. as counsel of record f,,], Marshall Leon Kessler. th.. plaintiff in the abl)\'e-caplie,ned case Datc_8f3Djff1 ~-- , :-~,:..:,,=-..:::.-.=---; I ~,~~iiW~~!~_..U . - ~llitJ~1!t:ll' {r'''~~'j'l( , ::~ii/ ,'i' -orf {I 11:"" r-. '''' >- s: ._, i:S~; ,'"" r '_.'~( (1-" ~:5@ :c'fjiZ:: ~:;:~ ....U '--';-rQ 5 \.) ("-J j~-- '~~:,; LL lU v; ~, (:5 ". ., ~ '~'" ~''r~~~ ~. ~. - li'''liii~'''' - ~"';"'1'Il '8''''' ,.l~'.~ ~_iIM1l1ilt. i__ -!il' .',"" 1::: ~ .-- " , ,~ ' ~~- . '~ . ~ AUa a 9 2000 bl7 MARSHALL LEON KESSLER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION-LAW IN PROTECTION FROM ABUSE JENNIFER L. CHRISTIAN, Defendant NO. ()6 -SQ('p1 CML TERM NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other imPor~ A hearing on the matter is scheduled for the ~, day of , 2000, atA39tm., in Courtroom ;;l. at the Cumberland County Courthouse, Penns:1lv la. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C. S. 9 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.c. 92265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.c. 992261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. II. Cumberlan2dL~bountyABar Association ''f ,. I erty venue Carlisle, Pennsylvania 17013 (717) 249-3166 ~iil&4~~fill!jg~jiii!jiiiiB~~'",",,~~_~~~~~~~~~ - ~'~""""""_IIi"'-.~'~" >- 9; ,~ ucC:;' ~~';'-'-~, H-:' I!: " N (l- en (".J sc Ol';';: (:'::.! C.:J C: 7 ::5<1" '~~ S~ c_-c..::L ; i. itU 'C'Q. ,~:::. :.::J (;) u ""'~" .~~ ~=. " '.",.~' , ., .' ,~ 'k,,; ,"'-'- "":\ I ,. . ~.~"'" "~,," -I- ~"_ . . MARSHALL LEON KESSLER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE JENNIFER L. CHRISTIAN, Defendant NO. <1J ~5r~q CIVIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Jennifer L. Christian Defendant's Date of Birth: 01/01/1980 Defendant's Social Security Number: Names of All Protected Persons, including Plaintiff and minor child: Marshall Leon Kessler and minor child Kay lie Kessler AND NOW, this ,P/itl- day of =~, 2000, upon consideration of the attached Petition for Protection From Abuse, the court hereby enter e following Temporary Order: [X] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. [] 2. Defendant is excluded from the residence at or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. [X] 3. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: The Plaintiff's place of employment, Staples in Carlisle, PA and the Plaintiff's place of residence 33 Mount Zion Road, Carlisle, PA 17013. [X] 4. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. [X] 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child: Kaylie Kessler Until the final hearing, all contact between Defendant and the child shall be limited to the following: Defendant may have supervised visitation with Kaylie Kessler at 33 Mount Zion Road, Carlisle, PA 17013. These visitations may occur every other evening from 6:00pm to 8:00pm, beginning on " ,""',,, . . Wednesday, August 30, 2000. All visitations must be supervised by Donna and Garry Kessler, Sf. Donna and Garry Kessler, Sr. must be present at all times during these visitation periods. The local law enforcement agency in the jurisdiction where the child is located shall ensure that the child is placed in the care and control of the Plaintiff in accordance with the terms of this Order. [] 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for delivery to the Sheriff's office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. [] 7. The following additional relief is granted: [X] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: [X] 9. THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [X] 10. THIS ORDER APPLIES IMMEDlA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, whi~h is punishable by a fme of up to $1,000.00 and/or up to six months in jaiL 23 Pa.C.S ~ 6114. Consent of the Plaintiff to Defendant return to the residence shall not validate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~ 6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.c. ~~ 2261-2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, w' ffice maintain possession of the weapons until further Order of this court, unless the weapon/s 9f evide e 0 rime, in which case, they shall remain with the law enforcement agency whose officer made the arr . ./ BY THE e 'j),L 9!tJO Date I ~JJHtiI~lMil!:ldl'-~'hllij[,;,.;">,~,,,;j;;,I,,~OJi:!j;h~~~!il!illIi:,>"b- >- ;::: a:: ~ z ~[ ('\J :::> ::S () -, c: c-, :;:(' ~':'" .:;.:,... -~ ;;-.:'3 '7\ ","'. ('." :j~ -- 5i~: c ,-,,~j~E ~ f'" C',) .. , C:J G ~'''!~~jlj''.8gr: """"4llll!ii'''~ ~"""""'''' "~ ~'- ! ... :3 .l:::> :fS 0- -<. 2 -; c.f/ :::r- -+ ~ E b~ () p1 -;::;:-. 3 r; - ..--" --< .f'J , 0,_ -'= - l: I'" I:; , " ~'I r,:! "J, ~:, i'i " Ii 'I Ii ~I II 1-1 II ~i II Ii II 'I I I I I i :s;2 .n \~ ~ )>-0 1> ~ ~ ~ fA ~ <0 '(c:, rcJ:-O~ -9 ~ \l) \f] ~ ~~ ~ ?~4 d MARSHALL LEON KESSLER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE JENNIFER L CHRISTIAN, Defendant NO. ~- 5W~ '/ CIVIL TERM PETITION FOR PROTECTION FROM ABUSE L Plaintiff's name is: Marshall Leon Kessler 2. I am filing this Petition on behalf of myself. If you checked "myself," please answer all questions referring to yourself as "Plaintiff." If you checked "another person, " please answer all questions referring to that person as the "Plaintiff, and provide your address here, unless confidential: 33 Mount Zion Road, Carlisle, PA 17013 If you checked "Another Person," indicate your relationship with Plaintiff: 3. Name of person, including Plaintiff and minor children, who seek protection from abuse: Marshall Leon Kessler and Kaylie Kessler 4. Plaintiff's address is: 33 Mount Zion Road, Carlisle, PA 17013 5. Defendant is believed to live at the following address: N/A. Defendant's mailing address is 25 West Big Spring Avenue, Apt. 3, Newville, PA 17241 or 2225 Spring St., Westlawn, PA 19609. Defendant's Social Security Number is: Defendant's date of birth is: 01/01180 Defendant's place of employment is: K-Mart, 1180 Walnut Bottom Road, Carlisle, PA 17013. 6. Indicate the relationship between Plaintiff and Defendant. [] Spouse [X] Current/former sexual/intimate partner [] Ex-spouse [] Parent/child [] Persons who live or have lived like spouses [] Other relationship by blood/marriage [X] Parents of the same child 7. Have Plaintiff and Defendant been involved in any of the following court actions? [] Divorce [Xl Custody [] Support [] Protection From Abuse If you checked any of the above, briefly indicate when and where the case was filed and the court number ifknown: Filed on July 25,2000, Case # 00-5203, Cumberland County, PA. 8. Has the Defendant been involved in any criminal court action? Arrested on August 24, 2000 and allegedly charged by the Newville Police Department. If you answered Yes, is the Defendant currently on probation? None 9. Plaintiff and Defendant are parents of the following minor child: Name Age who resides at Kaylie Kessler 4 months 33 Mount Zion Road, Carlisle, PA 17013 -- "~ ~~ ."",,-. 10. If Plaintiff and Defendant are parents of a minor child together is there an existing court Order regarding their custody? No ' If you answered Yes, describe the terms of the Order (e.g., primary, shared, legal and/or physical custody) : If you answered Yes, in what county and state was the order issued? Child's Name Kaylie Kessler Person child lives with 4 months Address. unless confidential 33 Mount Zion Road, Carlisle, PA 17013 11. The following other minor child/ren presently live with Plaintiff: None 12. The facts of the most recent incident of abuse are as follows: Aporoximate Date: August 24, 2000 Approximate Time: 6:00pm Place: 25 West Big Spring Avenue, Newville, PA 17241 Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking medical treatment sought, and/or calls to law enforcement: Plaintiff was at the apartment where Plaintiff and Defendant formerly resided. Defendant entered the residence and yelled at the Plaintiff. Plaintiff was talking on the phone, and Defendant grabbed the phone from him and threw it. Defendant, while holding the minor child tucked under one arm, pushed and slammed the Plaintiff into the walls and pushed him back from the bedroom doorway to the bedroom to keep him from leaving the apartment. Plaintiff turned around at one point and Defendant pushed him from behind leaving hand prints on his back. While pushing the Plaintiff, Defendant also was swinging her arm at him and using her weight to push against him. Defendant threw the phone at Plaintiff and missed. Defendant was blocking the door out of the bedroom, but Plaintiff squeezed past her and when he did so, Defendant grabbed him by the left arm and scratched his arm with her fmgernail. Plaintiff left the apartment and immediately went to Newville Police Department and filed charges against Defendant. Defendant was subsequently arrested and jailed. Plaintiffs injuries included a scratch on his left upper arm, scratches on his back and hand prints on his back. 13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor child, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred: Approximate Date: June, 2000 Approximate Time: Place: 25 West Big Spring Avenue, Newville, PA 17241 Plaintiff and Defendant began arguing. Defendant pushed Plaintiff around, pushed him back into the bedroom to keep him from leaving and pushed him onto the bed so he could not get up. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child/ren: None 15. Identify the police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: Newville Police Department and Carlisle Police Department 16. There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: [] owned by: [] rented by (list all names, if known): [] Defendant owes a duty of support to Plaintiff and/or the minor children. '.<0 ~ '. . [] Plaintiff has suffered out-of-pocket fmanciallosses as a result of the abuse described above. Those losses are: FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: [X] A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and minor child in any place where Plaintiff may be found. [] B. Exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [] C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. [X] D. A ward Plaintiff temporary custody of the minor child and place the following restrictions on contact between Defendant and child: Defendant may have supervised visitation with Kaylie Kessler at 33 Mount Zion Road, Carlisle, PA 17013. These visitations may occur every other evening from 6:00pm to 8:00pm, beginning on Wednesday, August 30,2000. All visitations must be supervised by Donna and Garry Kessler, Sf. Donna and Garry Kessler, Sr. must be present at all times during these visitation periods. [X] E. Prohibit Defendant from having any contact with Plaintiff and/or minor child, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody and or visitation with the minor child. [X] F. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this Petition, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor child. [] G. Order the Defendant to temporarily turn over weapons to the Sheriff for this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. [] H. Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical support and [] payment of the rent or mortgage on the residence. [] L Direct Defendant to pay Plaintiff for the reasonable fmanciallosses suffered as the result of the abuse, to be determined at the hearing. [X] J. Order Defendant to pay the costs of this action, including fIling and service fees. [] K. Order Defendant to pay Plaintiff's reasonable attorney's fees. [] L. Order the following additional relief, not listed above: [X] M. Grant such relief as the court deems appropriate. ;..;...'-- ~ [X] N. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, whe e Defendant can be erved. ~.~Ld ~ ROBERT E. RAINS Supervising Attorneys TERI HENNING Staff Attorney FAMIL y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S S 4904, I verifY that I am the Plaintiff in the present action, and that the facts and statements contained in the above Petition are true and correct, to the best of my knowledge, information and belief. DdB0/f90 1f/I{{t1r:!~ -', ~J!il~i1~ _ iii~:~!;.i,.,j!~~~~">' '!~~~ ~~""""""""''''' _~flll]f'''r -~ " ' " ,.,',. 4 ~ -.] D -'- ~ ~ ~ ~ <:- '~ + D- :] ~?1~ ~ \f)~ :2 1 ~ ~ ~~ -f2 11 (-1 -+-:rJ ~ g~ _"\ 'U (:-~...s ' -2 g ::r- " o -z ~ s: QJ .J ...0 E :-r- tQ.. o ::$ ct'0 .2 ~~~ ;,C. IV T~ <J <;) a:: a~ -Li-O '-J 0 C) . h_ ~-' "11: , .' , I"~ . . , : r ~' i: ! I' [, -4i' ~' - " . --,",~' <",," <" ~~' ,'..'-,', -i.ffi, MARSHALL LEON KESSLER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE JENNIFER L. CHRISTIAN, Defendant NO. CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Jennifer L. Christian Defendant's Date of Birth: 01101180 Defendant's Social Security Number: Names of All Protected Persons, including Plaintiff and minor children: Marshall Leon Kessler and Kaylie Larie Kessler AND NOW, this day of , 2000, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDICATED and DECREED as follows: Note: Space is provided to allow for 1) the court's general [mdings of abuse; 2) inclusion of the terms under which the order was entered (e.g., that the order was entered with the consent of the parties, or that the defendant, though properly served, failed to appear for the hearing, or the reasons why plaintiff's request for a fInal PFA order was denied); and/or 3) information that may be helpful to law enforcement (e.g., whether a weapon was involved in the incident of abuse and/or whether the defendant is believed to be armed and dangerous). [] Plaintiff's request for a [mal protection order is denied. OR [] Plaintiff's request for a [mal protection order is granted. []L Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. Defendant is completely evicted and excluded from the residence at or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. On , Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement offIcer when such retrieval is made. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT [] 2. [] [] 3. 'if, .. . [] 4. [] 5. [] 6. []7. [] 8. [] 9. []10. [] 11. [] 12. [] 1. [] 2. ~" witJ:1 the Plaintiff at any location, including but not limited to any contact at the Plaintiff's school, busmess, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any.] Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. Any weapons delivered to the sheriff under paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further order of court The following additional relief is granted as authorized by ~ 6108 of the Act: Defendant is directed to pay temporary support for: [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order]. This order for support shall remain in effect until a final support order is entered by this Court However, this order shall lapse automatically if the Plaintiff does not file a complaint for support with the court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroaCtive to this date, to the appropriate party. The costs of this action are waived as to the Plaintiff and imposed on Defendant. [] Defendant shall pay $ as follows: to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are OR [] Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-?f- pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copIes of all bills and estimates of repair, and an order scheduling a hearing. NO fee shall be required by the Prothonotary's office for the filing of this petition. BRADY INDICATOR The Plaintiff or protected person(s) is a spouse, forme~ spouse, a person who cohabita~s or has cohabitated with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. '^' d , <.', . . . .'. [] 3. Paragraph 1 of this Order has been checked to restrain the Defendant from harassing stalking, or threatening Plaintiff or protected person(s). ' Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) OR [] 4. [] The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. [] 13. THIS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this order shall expire in one year, on [insert expiration date]. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1 ,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~ 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~~ 2261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. ~~ 2261 -2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.c. ~~ 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 7 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~ 6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further order of this court. When the defendant is placed under arrest for violation of the order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff s presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT: Judge Date If entered pursuant to the consent of the plaintiff and defendant: ~ ~.' Jennifer L. Christian Marshall Leon Kessler ~jjoj~flIS;H!S!i~!l-1ii1'll.t'l>~'''bYO'",,,!'~WMOO~r@__~lii_~:tmli11i&C~'W''lilliJ8Jtl~MlIni_~ , "I il II :1 :1 ~ ,- 08~29/~0 TUB 13:41 FAX 717 240 6573 . m,",,-, CUMB CO PROTHONOTARY 141001 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 2118 92490779 08/29 13:31 09'07 10 OK ,'~ . , ;~ @8/29/00 TUE 13:50 FAX 717 240 6573 cmm CO PROTHONOTARY 141001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 2119 92405331 08/29 13:42 08'18 10 OK ,'~ ,,~ -' ',.~ . " 08/29/00 TUE . 14: 11 FAX 717 240 6573 , , CUMB CO PROTHONOTARY raJOOl ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 2120 92405331 08/29 14: 07 03'20 3 OK fAXed ufdi1-ted DOl~ shecl- 10 urd\-n& CliYul ~ ~r6CR.$3 i", ~ , fto ~ So "P v fx<j)ka:\-icM d~ :3ho~\d ~ 2~dg- 01 '" ler :pho",,- CtJ,t wi LOR.\~ ~ 'f"'~dewJ C~ MARSHALL L. KESSLER, PLAINTIFF V. JENNIFER CHRISTIAN, DEFENDANT AND NOW, this "'" "~I " ',,<, .,;-;";'i~",__ ;;:;.~""",,'--:,:.,',~' '"-,0''-''0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 00-5969 CIVIL TERM ORDER OF COURT ~ day of October, 2000, that portion of the PFA order entered on August 29, 2000, providing that the father have primary physical custody of Kaylie Larie Kessler, born April 16, 2000, and that the mother have periods of supervised visitation, IS VACATED. Bruce Grove, Esquire For Plaintiff Joan Carey, Esquire For Defendant :saa urW~ 10 -3 -00 RX~ ~.'~' -, ~ ,~, ~ I 1:\ ,",,- _PfII!ft , ~ ot: r~\ \'\~1' "~I', ,,'- \...Iv " ,::C~~::;\\~~\~C~ !\ni \" \0 !(it.", ,...... .,I Pori U '.' . ('i\'C\\'\1'i _, "",1' ,,>r 1 "--,,,'-.J Clj\I,;);;~~;:'\S" '1(\J N~\!\ ?\:\'l\~ .\- ,,~,' ~ .T> "",,""'^, -,'0--' '~'.", ~' --,.., . ~lt'iflI~~~!i8~l'~,~ . ""."--,,, - " J,~ ," , ~~ '~~'~,( ~ MARSHALL L. KESSLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-5969 CIVIL TERM JENNIFER CHRISTIAN, Defendant : PROTECTION FROM ABUSE JENNIFER CHRISTIAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-6004 CIVIL TERM MARSHALL L. KESSLER, Defendant : PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this ~y of October, 2000, upon consideration of the attached Petition, the Temporary Protection From Abuse Orders in the above-captioned cases entered on August 29, 2000, and August 30, 2000, respectively, are hereby vacated and the actions withdrawn without / prejudice to either party. Edgar B. Bayley, IJ-l C . -1'\ ~ \O~9~DO ~ Joan Carey, Attorney for Jennifer Christian Legal Services, Inc. 8 Irvine Row Carlisle, P A 17013 Bruce A Grove, Jr., Attorney for Marshall L. Kessler 110 Lexington Road York, PA 17402 I I I I I I , I I I ,. -.". !l1T ~",__~mW!lI~!Il'",h\lij1\ f~ Ile'''.~. (Jr I f! 'V :/"h ''', t " ....9 :;'!i<"" -'/';/ry C{j', Jj,!C'<~: p/'...'-....ft!.~i.';'/,i,. <:/WV(i'(;O C" ~, 'Zi?qIVt~'4Vry /~' '! . /'1 3: 14 ~ _!JIIlI!1t"~1IlW~~1~-"*"-j,!:"NC?,"-!"'~"'t:I"'i",,,~'tT"~;~";"'''''l'j'i'''--n~'*,~~;;OO.,jJj;;Jy..;r~-%f",**'f''l<'''?~~~~ ~- -~.",,"," '" , ,~. ~ MARSHALL L. KESSLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5969 CIVIL TERM JENNIFER CHRISTIAN , Defendant : PROTECTION FROM ABUSE JENNIFER CHRISTIAN , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-6004 CIVIL TERM MARSHALL L. KESSLER, Defendant : PROTECTION FROM ABUSE PETITION TO VACATE ORDER AND WITHDRAW ACTION The parties in both the above-captioned cases, Jennifer Christian, by and through her attorney, Joan Carey of Legal Services, Inc., and Marshall L. Kessler, by and through his attorney, Bruce A Grove, Jr., request that the Court vacate the Temporary Protection From Abuse Orders in both cases and that the actions be withdrawn on the grounds that: I. Mr. Kessler filed a Petition for Protection From Abuse and Custody against Ms. Christian and a Temporary Protection From Abuse Order was issued by this Court on August 29,2000, and Ms. Christian was served with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse on August 30, 2000, Ms. Christian filed a Petition for Protection From Abuse and Custody against Mr. Kessler and a Temporary Protection From Abuse Order was issued by this Court on August 30, 2000, "'..0 ~- ~. . -. . .~,; . ,','" ~;.; < and Mr. Kessler was served with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse on August 30, 2000. Both cases were scheduled for hearing on September 7, 2000, at 2:30 p.m. The parties, by and through their respective counsel agreed to a continuance and the case was rescheduled for hearing on October 16, 2000, at 10:00 a.m. 2. The parties are in the process of reconciling their differences. 3 . The parties, by and through their respective counsel, request that both their Temporary Protection From Abuse Orders be vacated and the actions withdrawn without prejudice to either party. WHEREFORE, the parties, by and through their respective counse~ request that the Court grant the relief requested and vacate both Temporary Protection From Abuse Orders, and that the actions be withdrawn without prejudice to either party. Respectfully submittf1\ r--- -J~'4U~~~I~~ Bruce A. Grove, Jr. Attorney for Marshall L. Kessler 110 Lexington Road York, PA 17403 IJ;;)/iu? Carey Attorney for Jennifer Christian Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~WL~~ Jijr8.l'.IlU: ~ - '1711lb1*~~l>!1l~iiWii:Iffilij;M~~,,"",';~~';K.l!~;\<5.i;~.~ - ", 'in~- :,.,,'., :~ ~ , _.._.. "".U__ - -, - , "","'"-,~ ---~,-,-~, ,=~__~_ "^ ~"_ M'_~ _ _ _ ~ _ :1'l~~~Ji1Lll iJ1IiiIJ (") c: -r,!~~ rn Z__ Zr. ~,~~ ~'" ":;'''>C'J Z(-:.. :r>,_c: -7 ~ ~ <- . ...... (:) C> C> c.-, --l "" , . "'1 "1 :ro c- '''l"! I \..0 - t;; . ; , I~f~? (~) t5 Q,-n ;:-~ Xi -< ~ w CO - ,.,....'". ___' ..-.J 1I-~ii1ir_ 10/09/00 MON 14:42 FAX 717 240 6573 CUMB CO PROTHONOTARY 1i!l001 . *************************** *n IlIULTI TN REPORT *n *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2212 [ 01l9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR " .. OFFICE OF 'IliE, PROI'H<NJTARY CUMBERLAND <XX.lNTY <XX1R'IHOOSE . ONE COORTHOOSE SQUARE CARLISLE, PAc 17013-3387 (717) 240-6195 TO: psP LS .1 " c.elli. (u/ ,roct'5SfI1j q-c1-40-- 5331 FAX (717) 240-6573 VIA TELECOPIER FAX H: !'llCM : CURTIS R. LONG RE: -P FA Ord-evs MESSAGE : ,.'~ NO. OF PAGES (INCLUDING rovER SHEET) "" ~. This.7 "'9'" is j,~Lh1 cnly fur Ire lEe of Ire irdividLel cr rotil}' to Wrld1 is is cdJl. " crd I1Bi cx:nt<lininti:mtat:.im ttat is p:ivi.lEg;rl. cmfident.ial m:l ~ fron rlio;rl""o-e lJ"l:i!r WHrW-.l" w. rf tl"e ~ af tiUs 1\ "'9'" is rot tl'e intBU3:1 x:e::ipimt, )W are reabt rutifiB:l ttat inf cli.ssa11inat.i01. distriI:ut:irn cr cx:p(irg ci'. this cnrrn..nicatirn is strictly (XdUbite:l. If)W taI.e m;ei.\6:l Uus aJlllwiC-'r-.Jm in em:r. pleEae ratify \S inmrliately bt teleth:re a:d LeWm tie odgiral. 1\ "T to 1.6 at tl"e cro..: a:tb:ess via tte ~1.S. lI=6ta1 service. 'Itai<:)W. '.ill- . . .', JC ~- <-. .- ^ -. SHERIFF'S RETURN - REGULAR CASE NO: 2000-05969 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KESSLER MARSHALL LEON VS CHRISTIAN JENNIFER L JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE OF HEARING & was served upon CHRISTIAN JENNIFER L the DEFENDANT , at 0016:00 HOURS, on the 30th day of August , 2000 at CUMBERLAND CO. SHERIFFS' DEPT. 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JENNIFER L. CHRISTIAN a true and attested copy of NOTICE OF HEARING & together with ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavi t Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: ~~ l~.!:~f R. Thomas Kline 08/31/2000 Sworn and Subscribed to before By: ~ r-)niJ.-tA ~y Sheriff me this 7 ~ day of ir-r.:-L.. ,;2JnN A.D. ~f1 &1/;., ~ rothonotary .