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HomeMy WebLinkAbout01-04653Marianna Lee Perry, : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. Shawn Patrick Kelley, CUMBERLAND COUNTY, PENNSYLVANIA N0.2001- ~{~ CIVIL TERM Defendant :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SilED IN COURT. If you wish to defend against the claims set forth 5 in the following papers, you must appeaz at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order maybe entered against you granting the relief requested in the Petition. In particulaz, you may be evicted from your residence and lose other important rights. A HEARING ON Tffi5 MATTER IS SCHEDULED ON 1~G~ /~ ,2DD1,AT _ ~~ % /S /~ .M., IN COURTROOM NO. _~_OF ' E 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 chazge 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 U.S.C. §2265, 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 maybe 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 fmd out where you can get legal help. If you cannot fmd 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 be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ~N~nus~v~a u~n~a ~,~;,~~~,tin~ rz:~ s,?~ ~-~n~!n ~~tJ~_o ~;. ;_ ~o Marianna Lee Perry, : IN THE COURT OF COMMON :PLEAS OF Plaintiff :CUMBERLAND COUNTY, :PENNSYLVANIA v. No. b~ ~ y(vj~ Shawn Patrick Kelley, Defendant CIVIL ACTION -LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Shawn Patrick Kelley Defendant's Date of Birth is: October 6,1981 Name(s) of All protected persons, including Plaintiff and minor children: 1. Marianna Lee Perry AND NOW, on 3rd Day of August, 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. 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 Plaintiffs 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 19 Creekview Road, Newville, Pennsylvania, or any other residence Plaintiff may establish. 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: Defendant shall not damage or destroy any property owned by Plaintiff or jointly by the parties. Defendant shall not harass Plaintiffs relatives. 5. A certified copy of this Order shall be provided to the police deparirnent where Plaintiff resides and any other agency specified hereafter: Newville Police Department Carlisle Borough Police Department Chambersburg Police Department 6. The sheriff, police or other law enforcement agencies aze 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. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL FEBRUARY 3, 2003 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 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 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 plaintiffs residence OR any location where a violation of this order occurs OR where the defendant maybe located. If defendant violates Paragraphs 1 through 3 of this Order, defendant shall 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 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE OUR~T/: - -- r~ g -_-~~~at- C ` Za• ~ Date Distribution to: MidPenn Legal Services Faxed & Mailed to PSP Lumpkin County Sheriff, GA PFAD Number: NX1298413J Marianna Lee Perry, Plaintiff IN THE COURT OF COMMON :PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Shawn Patrick Kelley, Defendant No. 0 ~' N lc~ CIVIL ACTION -LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Marianna Lee Perry 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. Marianna Lee Perry 4. Plaintiffs Address is : 19 Creekview Road , Newville, PA 1724 5. Defendant's Name is: Shawn Patrick Kelley 6. Defendant is believed to live at the following address: 57 Kenwood Avenue ,Carlisle, PA 17013 7. Defendant's Date of Birth is: October 6,1981 8. Defendant's Place of employment is: unemployed 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 11. The defendant has been involved in a criminal court action. 12. The defendant is not currently on probation /parole 13. The facts of the most recent incident of abuse are as follows: On or about July 9, 2001, Defendant grabbed Plaintiff by her arms and squeezed them causing them to bruise. Defendant restrained Plaintiff by wrapping his arms around her as be stood in front of her. Defendant followed Plaintiff as she fled to a friend's apartment. Once there, Defendant screamed at Plaintiff that be "fuckin" hated her and pushed her by the chest with both hands. Plantiff fell backwards onto the floor causing her to stike her tailbone. Plaintiff suffered pain and soreness as a result of the incident of abnse. The next day Plaintiff sought medical attention. 14. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor childfren, (including any threats, injuries, or incidents of stalking) aze as follows: Since approximately March, 2001, Defendant has threatened to commit suicide on several occasions, raised his fists at Plaintiff in a threatening manner causing her to fear be was going to hit her, and continually calls client and her family on the phone even after Plaintiff has asked him to stop. - On several occasions, Defendant called and harassed Plaintiffs friends and family as to her whereabouts. If Defendant found out where Plaintiff was or where she was going to be, he would show up there or follow her causing Plantiff to fear for her safety. 15. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Newville Police Department Carlisle Borough Police Department ~. Chambersburg Police Department 16. There is an immediate and present danger of further abuse from the Defendant. 17. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Defendant shall pay any medical bills that Plaintiff may incure as a result of the incident of abuse. Defendant shall pay the medical bills within thirty(30) days of receiving them. 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 children in any place where Plaintiff maybe found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor children, 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 children. c. Order Defendant to pay the costs of this action, including filing and service fees. d. Order the following additional relief, not listed above: Defendant shall not damage or destroy any property owned by Plaintiff or jointly by the parties. Defendant shall not harass Plaintiff's relatives. Defendant shall pay $250.00 to one of MidPenn Legal Service's funding sources 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. Date: Respectfully submitted; ~~ David Lopez and Jo arey Attorneys for Plaintiff MID-PENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717)243-9400 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 aze true and correct to the best of my knowledge. I understand that any false statements aze made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: d~~~~~~ Marianna L. erry, Pl 'tiff ~, r.~ c ~ - ~+ Z _,~} -r~CTI L i r ~C: =~Z' i ~C! '< oc~ V O qG /~ ', ~~ oA_ G 6 n 7 n `~~ e `\C °f7 "~~ v` - ~ ~ l~ 3 zA ~~ ~ } ~ ~, f '--+-~ ~ 6= ~ I _ c ~ ~ ~.~fl .=w~ ~,.,,~ ~._ _. , ;r., CS/06/01 bION 13:16 FAX 717 240 6573 CLIMB CO PROTHONOTARY (~j 00] *xs MULTI TN REPORT x~~ ~~~ssix~a~*~t~~sx*~~~w~:k*s:a*:e TX/RX NO 2746 INCOMPLETE TX/RX TRANSACTION OR [ O1]9p2490779 pgp ( 0319p2405331 CP 04]92438026 LS ERROR n OFFICE OF 'I7iE PROTHONOTARY CUhffiERLAND 0Of.1NI'Y 0OURINOUSE ONE OOURTHCUSE SQUARE CRRGISLE, PA. 17013-3387 (7171 240-6195 FA7( (717) 240-6573 V T A T E L E C O P I E R TO; PA STATE POLICE ~ ~6wf. RPpQ~SS,- M, ~ ~~•~• FAX p: 717-244-0779 P'RCY4: CURTI5 R. LONG RE: PFA ORDERS MESSAGE: N0. 4F PAGES (ItVCLUDING GC)VER SHEET) ti 1t)is ]S illta2f[~d rnly fxx ~ lBE 8f rile udividsl dG eltLly to Fl'gLil ]& as ~ ~ ~ i Cr]lYdin infixnwFihl. (}lam ]S n^^^. ~„°.!~.w. ~If]C~'31t1d]. i~ PJ®i~ fllyll (~74f'lrva ma 13n'. [f tfe near of this rt is rot d~e inheldaS necip~Ent, yw ~e t~ rotifSed tint a''h' t3t~• ~Cirit, d-irn Q q~pj$g QF this aaminir:at )Ort ]S StT7Ctly ¢rtdhil:ed. If yw tn~e »aeir~l Itus r.,~.~.,ir.r-irn in attrg'. ol~e rotifY ~.6 iimediatFlY W bele~'re ate cE~t1,~ tt~e >n:~ 1 nps~a;)~ to u5 a` -,.- .. Continued Temporary Order Marianna Lee Perry, Plaintiff v. Shawn Patrick Kelley, Defendant Page 1 of 1 IN THE COURT OF COMIv40N :PLEASOF CUMBERLAND COUNTY, :PENNSYLVANIA No. 01-4653 CIVIL ACTION -LAW PROTECTION FROM ABUSE CONTINUED TEMPORARY ORDER AND NOW, this ,pursuant to 23 Pa.C,S. §6107(c), the terms and conditions of the Temporary Order issued on 3rd Day of August, 2001, in the above-captioned case are hereby continued in full force and effect .This order is in effect until February 1, 2003. A hearing on this matter is scheduled for September 7, 2001, at 1:30PM in Courtroom 4 of the Cumberland County Courthouse, One Courthouse Square, Carlisle. This Order shall be docketed in the Office of the Prothonotary, but the Prothonotary shall not send a copy of the Order to Defendant by mail. /Cev~n/ Distribution To: MidPenn Legal Services BY THE COURT: -9 9 d ~~ - ~~. og z r v~rnr~r~~~~.tsnrrv ,l.r.rn7f~ ~;r,ri~;~?d -'rN(~~ c: l : (f r tr' r ~ Jii 1 ; fr :~l'~ d~,'s,l_A'..I I, _~~`~~_ _ .-_ .iJ f ,' '-~. NA:. Ss AV£,C.a.:yifd, ;i+.a .: ^*£:na1.~ vx~EHYkE^{~?< .Y ~Y~t3im'T.£+ i1F9M9 Marianna Lee Perry, Plaintiff IN THE COURT OF COMMON PLEAS OF v. Shawn Patrick Kelley, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4653 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Marianna Lee Perry, by and through her attorney, David Lopez of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on August 3, 2001, scheduling a hearing for September 7, 2001, at 1:30 p.m. 2. Service of Defendant has not been accomplished. 3. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect until February 1, 2003. WHEREFORE, Plaintiffrequests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect until Febntary 1, 2003. Respectfully submitted, ~vid Lopez ,/ Joan Carey Attorneys for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717)243-9400 ~' >- ua ~ '~ ~''' z _- ,~Y ~1 C_~' h' n C.: tL ~' ~) lL) L. ll.. ._, -- G7 _) ~ ~ - flF.fl"~~.IC?d .e ,~,_n. .z.Y~3R V w"kii°~, FRKTM*#R+d s.']z4Ii _.. .. ..., .: ,~ Maxianna Lee Perry, : IN THE COURT OF COMMON :PLEAS OF Plaintiff :CUMBERLAND COUNTY, :PENNSYLVANIA v. No. 01-4653 Shawn Patrick Kelley, CIVIL ACTION -LAW Defendant ~ PROTECTION FROM ABUSE ORDER TO VACATE AND NOW, this: 30th Day of August, 2001, 1. This matter is dismissed without prejudice. 2. Costs of this proceeding are waived. 3. The Temporary Order (Filed on Aug 6, 2001) is hereby vacated. BY THE COURT: J~/• ~2.- A. Hess, Judge Date Distribution to: MidPenn Legal Services - .t.~c~% i~..«--0..-~ 9- ~G' ~~ Faxed & Mailed to PSP Shawn Kelley, Defendant im...~e( ~`l g-6G - v ~~ !'°'' i (~,~ ' J iE Marianna Lee Perry, Plaintiff vs. Shawn Patrick Kelley, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1- 4653 CIVIL TERM PROTECTION FROM ABUSE PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff, Marianna Perry, by and through her attorney, David Lopez of MidPenn Legal Services, requests the Court vacate the Final Protection From Abuse Order in the above- captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on August 3, 2001, scheduling a hearing for August 13 ,2001, at 11:15 a.m. A Continuance was file on August 17, 2001, rescheduling the hearing for September 7, 2001, at 1:30 p.m. 3. The defendant was served the Temporary Protection From Abuse Order and Petition by the Cumberland County Sheriff on August 30, 2001, at 4:23 p.m. at his residence located at 51 Kenwood Avenue, Carlisle, Pennsylvania. 4. The parties are in the process of reconciling their differences. 5. At this time Plaintiff requests that the Temporary Order entered on August 3, 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. Res ctfully su mi . , David Lopez Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 G f 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.5. §4904, relating to unsworn falsification to authorities. Dated: (~~J ~b) ~L4 Marianna P la' ' f ~;- .. ~- ' ~~ -- -_ " ~~' °, - -.~ r: ~ ` -:r~- ~ . >_ ,~_, nu/06/01 TIP' 13:43 FAX 717 240 6573 CUMB CO PROTHONOTARY I-ihnni a~~:x~wsw~sxa~ra:e:e~s:x*x~~~~mwz~ - *>kt MULTI TN REPORT a:e* ~eas~a::x~~es~ws:~*z$~e~a~**s:e~xs*~a TX/R% NO 27gg INCOMPLETE T%/RX TRANSACTION O% [ O1]9p2490779 psp [ 0379p2405331 Cp [ 04]92438026 LS ERROR DFFICE OF THE PROlI'IONOTARY CUF~ERLAND COUNPY COURTHWSE Of+IE C'.OURTHOUSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I A T E L E C O P I E R TO: PA STATE POLICE - ('C~7~+eI f ~OCfSS, FAX N: 717-249-0779 FRCS: CURTIS R. LONG [ZE: PFA ORDERS MESSAGE: ~` ~~ NO. OF PAGES (IPY'LUDING COVER SHEET) I•f.lA:~.S. This is ink ally Ecc the ~ r¢ th= ircli.V9du3l ~ e'~tity t17 Mhicfi is iS wed, a'd rt9y Oplti}7t1 infarmttirn, fhb ]S LilV7.lel~t, U,'X1fiL107ha[71. ~ fIf)ri Ilia-lrssnr U~E~ 13+'- IE tte cea9ec o£ this is rot H'e intetlod nOdilvart, yn, a;e ha>47f ratified th9t ary di.tirn. distrikutitn ~ t~,+ir~g aE this cnnn.[iicatign is stxictly [xx>~ibi6ed. IE you ha+.e xaap-i.~ this . ~---- -~-~.... :....w9:~4oi.i k, lolrx~h-rxa xri iF?hJtiY1 t[L i]Ci(D713111p ~'~ el ~, . SHERIFF'S RETURN - REGULAR CASE NO: 2001-04653 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERRY MARIANNA LEE VS KELLEY SHAWN PATRICK KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon KELLEY SHAWN PATRICK the DEFENDANT at 1643:00 HOURS, on the 29th day of August 2001 at 51 KENWOOD AVENUE CARLISLE. PA 17013 SHAWN PATRICK KELLEY by handing to a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this A_j~ ~ day of v~4tc. 0~011~ A . D . ~t2~~~+--cc2L~L t.[~ ~ ~ Prothonotai~~ So Answers: R. Thomas Kline 08/30/2001 By: