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HomeMy WebLinkAbout01-1723 FX ~~ ABIGA YLE ISLEY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. KEVIN SCOTT CURRY, DEFENDANT : NO. 2001- /7.23 CIVIL TERM : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, 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 important rights. A HEARING ON THIS MATTER IS SCHEDULED ON ynOA.c-L 3D ,1J)J,AT y; CfS ,4- ,M., IN COURTROOM NO. .;;2 OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, 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 andlorupto sixmonthsinjail under 23 Pa.C.S. g6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.c. g2265, 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. &2261-2262. 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 imd out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DlSABIUTIES 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. You must attend the scheduled conference or hearing. '-"'~,- ~ r~ ~-,." ~ r; ~~._~' , ~ '" < , ~ IfINV^lASNN3d MNnOO O\\flH::;8V~n8 9'1:2 Hd 82 dV~i 10 ^tN1G"'~':},' " ";,1, :JC.1I:l:.-\(}-{]::'i!::i . ,"-~-',," "-~- .,~,.~",,,,,,,,o-, _ =~~~-,~, "'f4't~: "~1!;;r;:;~~I~ -, ^'~.,-= ,~ .~~~'~W~~~,~ll!1lll5!]_ ~,..,j"'''I'HP\V!7-''';;'I';~''f''Jf~V''_^''i' ':';::;'F:-'';:'C''';;ii:!!l~"i<~1lA'Wiil~''f;~V1ii~!jI:I~,"(f~~B1iliJ!~\~~~! - Abigayle Rebecca Isley, Plaintiff : IN THE COURT OF COMMON. : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Kevin Scott Curry, ; No. DI-/7~~ ~ ~~ Defendant : CML ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Kevin Scott Curry Defendant's Date of Birth is: July 2, 1973 Defendant's Social Security Number is: 449-95-1471 Name(s) of All protected persons, including Plaintiff and minor children: 1. Abigayle Rebecca Isley AND NOW, on 23rd Day of March, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 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 prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, 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. Plaintiffs residence located at 404 Hopi Drive, Mechanicsburg, Pennsylvania. ,,"~ r. , ~ r - .~~ Any place of employment Plaintiff may establish. 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted: 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 Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its ori.ginal expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. 5, A certified copy of this Order shall be provided to the police department where. Plaintiff resides and any other agency specified hereafter: Hampden Police Department 6. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will infonn the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL SEPTEMBER 23, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT ,t;..._,,~_ " , ~.. '-'- I "\ \'~ .. Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fineofup to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate 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 I through 3 of this Order, defendant shall be arrested on the charge ofIndirect 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 co=itted in the presence oflaw 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, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, . 'ch case, they shall remain with the law enforcement agen~hose 0 e the arrest. /. / / .~/ V B Date Distribution to: MidPenn Legal Services Faxed & Mailed to PSP Dauphin County Sheriff ';"~llI!I!!l- "~'_ , -I -~ -I'" I PFAD Number: WV121S487Q Abigayle Rebecca Isley, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. ; No. DI- /7.23 Cwc.t T ~ Kevin Scott Curry, Defendant : CML ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE I. Plaintiff's name is: Abigayle Rebecca Isley 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Abigayle Rebecca Isley 4. Plaintiff's Address is: 404 Hopi Drive, Mechanicsburg, PA 17055 S. Defendant's Name is: Kevin Scott Curry 6. Defendant is believed to live at the following address: 64 Ridgeview Rd. , Hummelstown, P A 17036 7. Defendant's Social Security Number is: 449-95-1471 -,~ ~ ~ t 8. Defendant's Date of Birth is: July 2,1973 9. Defendant's Place of employment is: Kamand Construction, Mechanicsburg 10. Defendant is an adult. II. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 12. The defendant has been involved in a criminal.court action. 13. The defendant is not currently on probation I parole 14. The facts of the most recent incident of abuse are as follows: On or about March 8,2001, Defendant kicked Plaintiff in the buttocks with a steel toed boot causing her to fall into a room heater resulting in brusing, smacked her on the leg with a wire coat hanger several times, and pinned her in the chair by holding her by her shoulders. Later that evening, Defendant kicked and elbowed Plaintiff as she tried to sleep, picked up a large ashtry, pulled back his hand causing Plaintiff to fear he was going to hit her, and threatened that he wished he could smash her skull. Defendant screamed at Plaintiff, pulled out a knife, and told Plaintiff if she truly loved him, she would die for him and he would kill himself causing her to fear for her life, When Plaintiff said she would not kill herself for Defendant, he turned the knife on himself and held it against his stomach. When Plaintiff attempted to leave, Defendant forcefully shoved her into the wall causing a dent in it. When Plaintiff got outside, Defendant followed her and pushed her down causing her knee cap to be dislocated which inhibilitated her ability to walk. Plaintiff sought medical attention. 1 S. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: March 3, 2001 - Defendant held a knife against Plaintiff's leg, and pulled it backwards several times slicing her leg. From in or about July 2000 to the present, Defendant has abused Plaintiff in ways including, but not limited to, the following: kicked, pushed, slapped, and restrained her. .. = ,. . .. , r . 'T T ~. 16. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Hampden Township Police Department 17. There is an immediate and present danger of further abuse from the Defendant. 18. 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: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs 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/ren. c. Order Defendant to pay the costs of this action, including filing and service fees. d. Order the following additional relief, not listed above: Order Defendant not to harass Plaintiff's relatives. Order Defendant not to damage or destroy any property owned by Plaintiff. Order Defendant to pay $250.00 to one of MidPenn Legal Service's funders as reimbursement for litigation in this case. e. Grant such other relief as the court deems appropriate. f. 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 petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: c3 - d i) -0 / oan arey, Attorney for Pl' ff MID-PENN LEGAL SER CES 8 Irvine Row Carlisle, P A 17013 Distribution to: l\A"irlDo........... T ..............1 C'..........,~"'t:>... "~...,'r_"_,,.,"!,,'_,_,,' ,,' -"I I~' I' -, ., l . VERIFICATION I verify that I am the Petitioner as designated 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. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dmoo !3! a \ I 0 I <"=-'" < 1--< -I -I'! ~, ;~ ~^,. ~~~. ~. "" ."-~- .~".-"'<-<_<__ ,,,,,,",,',,c<_",~~,"I,-;",,,~~",",e.,~,,,,.= ""'nl'fi ~ f. ~ r t ~ ~' g ~. '" ~ ~ ~ w' i.", j;: v, \ ~ 2; " u, , ~, 1 "I.J " l<- e- .it ~ ~ Jl ~\ ~ \::) - st ~ ~ --s +-, ~ ;;<.. ~ d- f-- ~ ~ (---~ eO ~ , !:l ~- '\J \.I) ,~....... 1 ~ ~ "" ~ V\l (t- r">. --j- W '" ~ ~ Or '------,,.--~ v IN "j " 'f 90 .... '-' '!,) O'i' fj Q '...... liT, _ .. ,n ,r'L__~fJ\lI!!~.m~~~., ",' "'_", ,,~__~T,,;_i'l'!~\~;,('1-"<;IH''''^'~'t1'!'''''{r''''''''-''" -"'~;".--'..r}'r,1<:-';;'~-!",1;''"tii~!!;,",;,f;i.W'1_f"""l'!;I-,.m;mmflim~m;!~ 03/23/0f Fkf 15:26 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 *************************** ... MULTI TN REPORT ... *************************** TX/RX: NO INCOMPLETE TX/RX TRANSACTION OK 2524 [ 011 9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR .. ~ OFfICE 01' 'IliE PROI'HQIIOTAR'{ CUMBERLAND axJNf'{ CQURWOOSE ONE C<XJR'lflOOSE SQUARE CARLISLE. PI'.. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R 10: PA STATE POLICE C{7I\J-t. P~OCe5Sil-Jj I fV\ r ley' I S"CC( 1"'(.<...5 FAX D: 717-249-0779 FT01: CURTIS R. LONG RE: PFA ORDERS MESSAGE: ~ L 00. OF PAGES (INCLlJDIl<<i COVER SHEETl 'I.l1ll; .. ">:j! is i"lllH;\;d mLy fir lte IJ.'Je of tte iIdivid.el cr 8'1ti.Q' to Wrld1 is is "no ;I. <r:ti rray cm1Din :infi:mIatim that is p:ivilq;l. exnfidential ao:l E!lIBI{.t fu:m ni""l""m u-rer 'WH"*'lp I.;w. {f tha ta!!EI:" of this ~ is rot t:I-e inte-.:E:l =.ipifrt;. )OJ are ~ rotifia:l ttet I!flJ diSmiJ'l!It..iD'\, d.istrit.utirn cr ~ of this o:rmuuoatim is strictly p:dlibitBi. If}OJ!'EM! J:E[2i.1.ai tins .- - -,~ .......41\. ... inm'<URltP.lv lJI lEl.ech:re I'Irl ~eWm t:Ie cr.ig:ireJ. ~ tl:> L6 at "~...,, . , , I' "[,,-- ~~, I! I .~- "T ~_1!!InI1I!!II!lI!!m1l ~~ .. Abigayle Rebecca Isley, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 01-1723 Kevin Scott Curry, Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE ORDER TO VACATE AND NOW, this: 27th Day of March, 2001, 1. This matter is dismissed without prejudice. 2. Costs of this proceeding are waived. 3, The Temporary Order (Filed on Mar 23, 2001) is hereby vacated. Date ~~ 03 -C)'1).(j I ~XS Distribution to: MidPenn Legal Services 03 1 (J () I Faxed & Mailed to PSP~P - - AD' -, ,- 0 __~,_ _' . ,r _",_ I '''"'_ .~ _ I .'. Abigayle Isley, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-1723 CIVIL TERM Kevin Scott Curry, Defendant : PROTECTION FROM ABUSE PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff requests the Court vacate the Temporary Protection From Abuse Order in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on March 23, in 2001, scheduling a hearing for March 30, 2001, at 8:45 a.m. 2. The Cumberland County Sheriff deputized the Dauphin County Sheriff to serve the defendant with the Temporary Protection From Abuse Order and Petition. The Dauphin County Sheriff has been unable to effect service on the defendant. 3. The plaintiff is leaving the state and no longer feels she needs a Protection Order. 4. At this time Plaintiff requests that the Temporary Protection From Abuse Order entered on March 23, 2001, be vacated and the matter be dismissed without prejudice. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order without prejudice. oan Carey, Attorney for MIDPENN LEGAL SE 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ;'-"~",,,","--,--,- '~f"_ir' ,."_-~...".,,,. f ~ -, ! - I' VERIFICATION I verify that I am the Petitioner as designated 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. I understand that any false statements are made ~ubject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: J~ ~hl f I /!J' R~ tbby ~f,Ln'7'- 0f~__" ,'>"<'c ," ',-':" - ,. I"', l'c 1.-- 1 T , ~ - 03/28/01 WED 08:57 FAX 717 240 6573 . . "., '... CliMB CO PROTHONOTARY 141 001 $$$************************ *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2531 [ 0119p2405331 [ 0319p2438026 [ 04192490779 CENTRAL PROCESS LEGAL SERVICES PSP ; - ERROR OFFICE OF THE PRarHCXlXJTl'>!lY CUMBERLAND roJNT'l CQUR'l'HaJSE ONE OX1IlTHOOSE SQUARE CARLISLE; PI'.. 17013-3387 (717) 240-6195 FAX (717) 240~657J VIA TtLECOPIER I , I TO: :"~a.l ~\<;...s C!c."tR,A' PRb~t..ssilV'1 PA ST1>.TE POLICE I' FAX ~: 717-249-0779 -} m(]o1: CURTIS R. LONG lIE: I?FA ORDERS MESSAGE : L,~~ NO. 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