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HomeMy WebLinkAbout01-03591 'l!Sii;o- .' . I, -,'. "" - - ~ '-~ .&.JJ -' i."i' '...c"!'is CRICKET MARIE KRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs, : NO. 01- 359/ CIVIL TERM HARRY ORVILLE KRICK, JR., Defendant : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HA VEBEEN 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 the fp/r.~ay of June, 2001, at ;t ;,3 () .m., in Courtroom No.3-on the 4tb Floor ofthe Cumberland County Courthouse, 1 Courthouse Square, 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 and/or up to six months in jail under 23 Pa. C. S, ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 US.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, US. 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 find 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 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 bemall~lItl~lI~t72hqlJf~PripftQlIllynearingQfbll&ine~&b~pr...tn~ COUll Y PH Ilm~ attend the sc4WJ,l\~I1\lQm\lrtlU\li:prll~ati.rllt. "" ," ,,,'" FiLED-OfFICE OF '\-':: PEOiHO~mARY ~ "l J~~ { '1~ ~ ,,<;;: O! JUN I \ PM 3: I i CUMBERLAND COUNTY PENNSYLV/\NIA ~ ~ ~ }~~ "..1, -",,0'<. ~_ ." > '",--0 1~~;A'>I."t_ CRICKET MARIE KRICK, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v, : Civil Action - Law HARRY ORVILLE KRICK, JR., Defendant : No, 01- 3~7( : Protection From Abuse and : Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: HARRY ORVILLE IQUCK, JR. Defendant's Date of Birth is: June 14, 1966 Defendant's Social Security Number is: 164-64-2466 Name( s) of All protected persons, including Plaintiff and minor children: 1. CRICKET MARIE KRICK AND NOW, on 11th Day of June, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's 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. -"~ " , l, ' ". ~,., 2. Defendant shall be evicted and excluded from the residence at: 115 South George Street Mechanicsburg, P A 17055 or any other permanent or temporary residence where Plaintiff or any other person protected under this Order 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 of Plaintiff or any other person protected under this Order. 3. Except for such contact with the minor child/ren as may be pennitted under paragraph 5 of this Order, 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 schoo~ business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's residence: 115 South George Street Mechanicsburg, PA 17055 Plaintitl's place of employment: Clean-Up Shop 811 Route 15 Dillsburg, PA 17019 Tbe scbool of the parties' minor child Tbe child care facility of the parties' minor child 4. Except for such contact with the minor child/ren as may be pennitted under paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Pending the outcome of the final hearing in this matter, Plaintilfis awarded temporary custody of the following minor child/ren: 1. OWEN ORVILLE KRICK Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Pending further Order of Court after the hearing scheduled in this case, Defendant's contact with the parties' child sbaD be supervised by a '-'0' - ~ .~ I~i~ . .-"'_h_' '''"' ".'1." '-.. <'-". ~ ""--, . _ ,;,_ "He],., -" ;"_.- , ~," "";';';~" responsible third party mutuaDy agreed upon by the parties on dates and at times agreed by the parties. Defendant's non-harassing telephone caUs to Plaintiff at ber residence for the limited purpose of communicating visitation arrangements shall not constitute a violation of this Order. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiff's relatives and the 'parties' minor child listed in this petition, except as the court may find necessary with respect to supervised visitation with the child. Defendant is ordered to refrain from harassing Plaintiff's relatives or tbe parties' minor child. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or any property owned solely by Plaintiff. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: MECHANICSBURG POLICE DEPARTMENT CARROLL TOWNSHIP POLICE DEPARTMENT (York County) 8. 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 inform 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. 9. THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. TillS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL DECEMBER 11, 2002 OR UNTIL OTHERWISE 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, which is punishable by a fine of up to $1,000,00 and/or up to six months injail, 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall Dot 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 him/her 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 plaintifl'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 5 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 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 ofthis Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Judge ~ Distribution to: David A Lopez, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, P A 17013 (717) 243-9400 or 1800-822-5288 FAXed & mailed to PSP ""'"""~~ .'0 ,-,~'~,_jl"r - Of' '" " "* -,.,~'-w:..,.. _"~'" PFAD Number: WY1262139Q CRICKET MARIE KRICK, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v, : Civil Action - Law HARRY ORVILLE KRICK, JR., Defendant . : No. 01- .3511 : Protection From Abuse and : Custody PETITION FOR PROTECTION FROM ABUSE 1. Plaintifi's name is: CRICKET MARIE KRICK 2, I, (the Plaintifi),am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. CRICKET MARIE KRICK 4, Plaintitl's Address is : 811 Route IS , DiDsburg, PA 17019 5, Defendant's Name is: HARRY ORVILLE KRICK, JR., 6. Defendant is believed to live at the following address: 115 Soutb George Street, Mechanicsburg, PA 17055 ~ ,-<'. ." '-. , ,'" ,I;,; .,,",~c '_,__,,~~ ',"".' ,,:_' '-o_~,,;.J.~c 7, Defendant's Social Security Number is: 164-64-2466 8, Defendant's Date of Birth is: June 14, 1966 9. Defendant's Place of employment is: Lear Corporation, Spring Road, Carlisle, PA 10. Defendant is an adult. 11, The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 12, The Plaintiff and the Defendant been involved in the following court actions: a. Support 13, Other details of the court action are: Support - Cumberland County DRO - 2001 14. The defendant has been involved in a criminal court action. 15. The defendant is not currently on probation I parole 16. Plaintiff and Defendant are the parents of the following minor child/ren: a, OWEN ORVILLE KRICK Age: 10 years old Child's address is: 811 Route 15, DiIIsburg (York County), PA 17019 17. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: ~ -= ,'"~1!!J""""" ~ , ',~,- " ~,...;;iffi".b a. OWEN ORVILLE KRICK For the past 5 years, this child has lived with: Plaintiff, her parents, Vicki and Gary Faust, at their home at 811 Route 15, Dillsburg (York County), PA, from May 31,2001, to the present. Plaintiff and Defendant, at 115 South George Street, Mechanicsburg, P A, from 1999, to May 31, 2001. Plaintiff, Defendant, and bis grandm8ther, Miriam Krick, at 115 South George Street, Mechanicsburg, PA, from 1996, to 1999. 18, The facts of the most recent incident of abuse are as follows: On about Thursday, May 31, 2001 at approximately 3:00AM location: 115 South George Street, Mechanicsburg, PA, tbe marital residence Defendant came home at approximately 3:00 a.m., screamed at PlaUttiff, called ber vile names, and woke up the parties' 100year-old son, Owen. When Plaintiff told her son that they were leaving, Defendant, whose drivers license has been suspended since 1986, deml\Dded the car keys from her. Defendant followed Plaintiff to tbe bedroom as she tried to get away from him, grabbed her by theanos, sboved berdown onto tbebed, straddledber, and used his knees to pin her arms above her head. Defendant tried to pun Plaintiff's pUl'lle off of her neck by the purse strap, which was around her neck, jerked her back and forth witb the strap, t~en braced hill foot against her neck and pulled until the leather strap broke. When Plaintiff yelled to her son to call 911 for help, Defendant clasped hill hands over her month and threatened her saying, "That's it, you fucking bitch; you're toast." As the child spoke to the 911 dispatcher, Defendant grabbed the telephone from Owen, hung it up, and pnnched a hole in the wall. Plaintiff' and her son ran to the car, Defendant followed, and tried to prevent them from leaving by pqpping the hood open to disable the engine. Plaintiff backed out of the driveway and left before Defendant could tamper with the car. Later the same morning Plaintiff went, to the Mecbaniesburg Police Department and reported the incident. The police filed criminal cf!arges against Defendant related to this incident JlDd a preliminary hearing in the Uatter is scheduled for July 2, 2001, before District Justice Elder. Plaintiff sustained bruilli~andsoreness about her arms and thigh, and red marks and soreness about her neck as a result of tbis incident. Plaintiff suffered pain and reasonable fear of imminent serious bodily injury. 19. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (mcluding any threats, injuries, or incidents of stalking) are as follows: In or about March 2001, Defendant slapped Plaintiff in the face with sucb force that she "saw stars", and was momentarily unable to close ber mouth until her jaw pepped back into place. Defendant followed Plaintiff when she left the house, tackled her, causing her to ralt to the ground, and pulled at her purse tearing the strap off the pUl'lle in an attempt to get the car keys. Plaintiff was able to get away from Defendant. Plaintiff sustained a laceration under her lip, and redness and soreness about her face as a result of this incident. Plaintiff snffered pain and """""""'....L..lI.. " - : ,:1 'IlJ_~,A" reasonable fear of imminent serious bodily injury. Since approximately 1986, Defeudant has abused Plaiutiff in ways including, but not limited to, the foUowing: shoving, slapping, pinning her down, slamming her against doors and walls, tripping her, and threatening her with harm and often threatened to kill her. During the first abusive incident in 1986, Defendant choked Plaintiff with such force that she sustained bruising and soreness on her neck and was unable to speak for more than a day and had difficulty swallowing and eating for several days. 20, The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: MECHANICSBURG POLICE DEPARTMENT CARROLL TOWNSHIP POLICE DEPARTMENT (York County) 21, There is an immediate and present danger of further abuse from the Defendant. 22. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 115 South George Street Mechanicsburg, PA Owned By: Plaintiff, Cricket Marie Krick, the parties' son, Owen Orville Krick, and Defendant, Harry Orville Krick, Jr. 23, Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: the cost to repair damages to the walls and doors damaged by Defendant during incidents of abuse, the cost to repair or replace Plaintiffs purses Defendant damaged during the incidents which occured on or about May 31, 2001, and in or about March 2001. 24. 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. Evictfexclude Defendant from Plaintifl's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Pending further Order of Court after the heariug scheduled in this case, .""..""",,.,~, ~- -.-. I ~ .'_','= k Defendant's contact with the parties' child shaH be supervised by a responsible third party mutually agreed upon by the parties on dates and at times agreed by the parties. Defendant may contact Plaintiff by telephone at her residence for the limited purpose of communicating visitation arrangements. d. 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 Plaintifl'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/ren, e, Prohibit Defendant from having any contact with Plaintifl's relatives and Plaintifl's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. f Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren, including medical support . g. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing, h. Order Defendant to pay the costs of this action, including filing and service fees, L Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiff's relatives or the parties' minor child. Enjoin Defendant from damaging or destroying any property jointly owned by the parties or any property owned solely by Plaintiff. Order Defendant to pay $250.00 to one of Mid Penn Legal Services' funding sources to pay the cost of litigating this ease. Order Defendant to undergo and drug and alcohol evaluation through an accredited agency/practice, and follow any recommendations for treatment until released by staff. All costs associated with the evaluation and any recommendation for treatment shall be the responsibility of Defendant. J. Grant such other relief as the court deems appropriate. k. Order the police ur uther 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. H_ O' _~~'" "';:"..........-. Respectfully Submitted by: Agency: , ~ David A. Lopez, Esq. MidPenn Legal Services 8 Irvine Row, Carlisle, P A (717) 243-9400 or 1-800-822-5288 ~-' -[ .-, "T A"___~ ,. ~ ~~ -t.o . , ~ ~-" ,'-', ".1. ""'~'~1" VERIFICA TION 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. Dated: Sune ~. Jco I , 0ia t ft70A-<-'v ku;/c Cricket Marie Krick, Plaintiff 'F"," " - - --'-" - ,:' ::_ ,- ',---_ " ,,_ i._ '"',,, '~:"ii'i&i'il'i'ij1it\0iltfl;l.<',t;O!W;1k'1~""<i:~ii1!6 j' iI1r~'-lUr_lnt"nl1[j1d.1lM[~l1~iM;tt\MIM~ - - . ,,~, ,vn ,~. ~~,~= ,".="," -" ~,~ . " ,". '~',i"-~"'17".filJtmi!I t : -'. '~ \ \ ' \ S, -\ .. ~, 2. , '.iliiilli:l!tl.lllRIiiiI.._J~' _L"___, [6 [0 o () C .-- .,,;... ut:'~) ll'lr,--: ~ :~,~: 'l: <2~: ~ r;:C) - ~Q .,- ___LJ );>c: ~ ~ ~ o ." ~ , " I I C') F' "-'-" -1'1 " ',-~ , i:l """ 3': u {-~~ ( .} ~,i~ ~..; ~ :;: r:;- o (' r ~ ~\ V V) IX ~ j ~ ~ ~ r ~ ~~ -f-- """'~ ~ fr ~ C~ <!' 1- ~ \) o.-,,,,,,,,.fu_bi'l'" "~ ." " - .--- ,,~-c.'~' . l~~".,--.m;4-,,,;.,: 06/11/01 MON 15:09'FAX 717 240 6573 CUMB CO PROTHONOTARY ~ 141001 *************************** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2673 [ 01]9p2490779 [ 03]9p2405331 PSP CP ERROR Off'T.CE OF THE PRanKlIl:JTARv CUMBERLAND CXXJlIftt COUR'IHaJSE Ct-lE COOR1liOOSE sQUARE CARLISLE. PA. 17013-3367 (717) 240-6195 FAX (717) 240-6573 VIA TELECOPIER TO: ,. J.... I q,. /VI.IJ./...$. P1o. STATE POLICE . "e.-n,," n"-"SJl.- FAX #: 717-249-0779 F'RCM ; CURTIS R. LONG RE: PFA ORDERS MESSAGE : q 00. OF PAGES (IN::f..uoING COVER SHEET) ~ 'Ihi$ n:- 'i"J.: :is illlb WI cn4' fir I:te \.ElC of liB :irdivid.al cr 6lti~ In W1id1 is is ;;J;t}r. r'. a"d mrt cmtain inti:ItIIetic.n. th:lt is p:ivile;Jrl. r:mfida1I:Jal aT.i ~ fmn .-Ij.....l"" IrE ~ 'WI ;....nl.. JaoI. If th~ ~ of \:his II "J? is rut tie intBUrl m:ipia"d:. }OJ are ~ rotif.ia;'l ttat a:JY d.it;aeIrlin!lt:id1. distriI:utirn cr CCP.{ing cf this o:rnru:rlc.3tiCn is strictly p:d1ibita'l. If ~ taI.e reE-\.e:I UllS conn.ni(.~::.im in emr. pI.J:B3e rotify IS imn:dialBly q. telEpn-e a1:I teb.u:n Ite irJ.girel1l~ V' fD lS llt tte <io."." atlress via tle l!.S. p:s.;tal ~io:>.. 1\'>ai<; )Ql. ,"_~'"," ....,;.4.... ~~ .~ - ~" r':'" SHERIFF'S RETURN - REGULAR CASE NO: 2001-03591 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KRICK CRICKET MARIE VS KRICK HARRY ORVILLE JR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon KRICK HARRY ORVILLE JR the DEFENDANT , at 0017:54 HOURS, on the 11th day of June , 2001 at 115 SOUTH GEORGE ST MECHANICSBURG, PA 17055 by handing to HARRY KRICK, JR. a true and attested copy of PROTECTION FROM ABUSE together with & CUSTODY, NOTICE OF HEARING & ORDER, TEMP PF1\., PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit surcharge 18.00 6.20 .00 10.00 .00 34.20 So Answers: ~~~-t:~ R. Thomas Kline \ 06/12/2001 Sworn and Subscribed to before me this ,,u'=::.- day of ~ ;lbvl A.D. n. ,~a 11.1d(;',1 # \, ~othonotary , By: ~f4Jb Deputy Sheriff c" _ ""~<- "."-'&-'0.'1'-.,., "",__,,,.,_' ,,-:J.,",' ;" _,.;, i;W,,~'" ,. CRICKET MARIE KRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- 3591 CIVIL TERM HARRY ORVILLE KRICK, JR., Defendant : PROTECTION FROM ABUSE AND CUSTODY ~ER TO VACATE AND NOW, this ~ day of July, 2001, upon Plaintiff's Petition to Vacate Order and Withdraw Action: 1, This matter is dismissed without pr$dice, 2, Costs of this proceeding are waived. 3. The Temporary Protection From Abuse Order entered on June 11,2001, is hereby vacated. By the Court, Distribution to: {r / /. / JoanCarey,AttomeyforPlaintiff ~ Cb'fll;.s- p'UZS~~LLy ~/~W 7 ').J{O( MidPenn Legal Services 81rvine Row, Carlisle, PA 17013 Harry Orville Krick, Jr. 115 South George Street Mechanicsburg, PA 17055 - Cop Y /y\~HbL 7/cJ.a/o/ ~ FAXed and mailed to PSP "~ . .- , --.- ~" " -_'.j ~' _ . ii' . '-r_ ,-.;-, _ '_"j", ".'"." ~'-~ '. ." -;';'W, '. .' CRICKET MARIE KRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF v, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- 3591 CIVIL TERM HARRY ORVILLE KRICK, JR., Defendant : PROTECTION FROM ABUSE AND CUSTODY PE'TITION TO VACATE ORDER ANI):WlTHDRAW ACTION Plaintiff, Cricket Marie Krick:, by and through her attorney, Joan Carey ofMidPenn Legal Services, requests that the Court vacate the Temporary Protection From Abuse Order, including custody, the in the above-captioned case and that the action be withdrawn on the grounds that: L A Petition for Protection From Abuse was filed and a Temporary Protection From Abuse Order (including custody) was issued by this Court on June 11, 200 I, scheduling a hearing for June 18, 2001, at 2:00 p.m. before Judge Hoffer. Cumberland County Sheriff's deputies served Defendant with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse on June II, 2001, at the marital residence located at 115 South George Street, Mechanicsburg, P A. 2, Defendant initially told MidPenn Legal Services' staff that he desired to settle the matter, but after meeting with staff to review the Final Order of Court, Defendant requested representation in the case and agreed that the hearing being rescheduled, 3. A Motion was filed and an Order for Continuance was entered on June 26,2001, rescheduling the hearing for August 8,2001, at 10:30 a.m, 4. The parties are in the process of reconciling their differences, '~ "'- -"",j,,',,',',> "", ^ ,~ -'. - ,,- ti.&it.Mu:<!#,;;;';";l\b,,^ " " 5. Plaintiff requests that the Temporary Protection From Abuse Order, which includes custody, entered on June 11, 2001, be vacated and the action withdrawn without prejudice to her. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, and that the action be withdrawn without prejudice to Plaintiff. Respectfully submitted, / ~~(3A0~ J . Carey, Attorney fo laintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 -f~'--~ -~ . J~..~ ''':'cl' ",-.-- ~)' ~~.-..ii::e,-<' , 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 of18 Pa.C.S. 94904, relating to unsworn falsification to authorities, Dated: (I;;I.O J 6 I QidcJ<) ~ ~Gk. Cnc et Marie Krick, Plaintiff ~-----'... 07/24/01 TUE 12:26 "~ -, --. .- . - -, . FAX 717 240 6573 CliMB CO PROTHONOTARY ~001 . ******$******************** .u MULTI TN REPORT ... *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2725 [ Oll 9p2490779 [ 03j9p2405331 [ 04192438026 P5P CP L5 ERROR . . OfF'TCI:: Of' TIfE PROTHCJIIOTARY CUMBERl.AND caJNT'f COUR1'HCUSE ONE CCURTHaJSE: SQUARE CARLISLE, PA. 17013-3387 (7171 240-6l 95 FAX (7!7) 240-6573 V I ATE LEe 0 PIE R '10: PA STA7F 1'IJLr.l'E ~ ~~1r.1 p. , If/IJ<<#... fAX #: 7/).'>"9> 0)" l"RCM; CURTIS R. LONG RE: P1=A- Oeb€IlS ME:SSAGE: ~ ~ /10. OF PAGES (INCWOING CD\fER SHEE;T) 1\1is ~ is intEn:kl rnJ,y fi:r tte \.00 cC tte irdividaJ. ex entity ID lIhidI .is is ~, a-d fTej a:ntain infi:tm'It.icrI ttet is pivilE:g3:l, cm.t::id;ntial <<<l eo:np; fron w,,"1voJm IIrl1:r- erpH".nlp 1iIrI. rf tl-e m-re:- t:f: this ~ is rot t1-e inte'lb::1 nxipi81\:, iW are ~ rotit'ia:'l lh3t in{ cli,s5;EIniratio1. distrit.utiOl cr a:wirg oc this COI1TI..I'IiD3!iO'l ~ strictly lXdtibilW. If yt:J..\ te1.e re:ei..e;l ttus <D1llU1ic,~::im ill =. ~ rot;ifij u; imretliately OJ tel.efIn-e a:rl return l1e crigiMl..,: "'J' to t.G <'J! li~ 3n..; ~ via tie ~tS. p:l';tat service. 'l'rai< '>K'1' ........- ,- ~ '< C,-. ~.J \.-,-_ ;:'; _:-,-~'" '0'_ -'--~'~ I'd::'.!,,:; , CRICKET MARIE KRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 01- 3591 CIVIL TERM HARRY ORVilLE KRICK, JR, Defendant : PROTECTION FROM ABUSE AND CUSTODY R FOR CONTINUANCE day of June, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Monday, June 18, 2001, at 2:30 p.m. by this Court's Order ofJune 11, 2001, is hereby rescheduled for hearing on Wednesday, August 8,2001, at 10:30 a"m. in Courtroom No.3 on the 41h Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through December 11, 2002, or until further Order of Court, whichever comes first David A Lopez, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 -p~~ trLfrl1 Harry Orville Krick, Jr., Defendant c/o Shawn House 60 East Louther Street, Apt, 2 Carlisle, P A 17013 ~ (P-LC. -01 ~ ..~ -. " " .',:.o,i"' ,"I , .-,' -~ ~-- "~"~ "<' '2'~ '~_","''''''.', t CRICKET MARIE KRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 01- 3591 CIVIL TERM HARRY ORVILLE KRICK, JR" Defendant : PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE Plaintiff, Cricket Marie Krick, by and through her attorney, David A. Lopez ofMidPennLegal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: L A Temporary Protection From Abuse Order was issued by this Court on June 11, 2001, scheduling a hearing forJune 18, 2001, at 2:30 p.m, 2. The Cumberland County Sherifl'sDepartment served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on June 11, 2001, at the marital residence located at 115 South George Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. During a meeting with MidPenn Legal Services staff on June 18, 2001, to review and sign the Final Order of Court, Defendant stated that he had changed his mind and would not agree to the entry of a Final Order of Court in the above-captioned case, and said that he wanted a hearing on the matter. 4. The parties agree that the hearing be rescheduled, 5, Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through December 11, 2002, or until further Order of Court, whichever comes first. . . .~ " J...- ^. , :...-:..-: , _I, ..b.\l1J' ~,;..,... '";"'"'" ~- ,,~ , ~- ~-,..~,..,k , WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through December 11, 2002, or until further Order of Court, whichever comes first. Respectfully submitted, Da , Lopez, Attorney fo MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 , ",~d ";'m:cnlw.~';m'l~!t&;MI@,il!,~i~:,;jlit~B~d!&.1:itil~1':fWJ.i101:,ti?i,,,,,-~:"~;i-\ili;,; ",~"'+j.,,,),Ai"" "'~""~",.,~~.f,M;;hti~~iiiiij;.;..;r~'(fr-~'~" 5i!.~ j~ ~ ~.- ".U.rW~1R iiUiitBW:M~fl r 0 C) c:. <:, C <'" -'I) iit, ,~:= ---j tl -, --"- [,) 'l: V" ,. rs; t.:; " -- , ~ 0' J~_"" l~ ~t-=) "-<'- t.,-:;:-() 5 -'c '. [0 2: ,~ C:1; ._.1 -, :n ::0: -<: :rJ (J1 -< - ::>- F .~, ~ .~ .." .,,, ,'~~."~ -." r _~, <. ,'. '_.c,.' ,,",. ,~,,' " '<cd ~._ .,".,. "~'- "-~""",'" '" ".- - '. ~. , ~, '."