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HomeMy WebLinkAbout01-06872 ~ Dianna Kay South, Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01-6872 CIVIL TERM Keith R. Kinard, Jr., Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE , ',~ AND NOW, this ~ day of December, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on December I I, 2001, at 3:00 p.m., is hereby rescheduled for hearing on January 10, 20~ at 3:00 p.m. in Courtroom No.3. (\lQ The Temporary Protection From Abuse Order shall remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes fIrst. By the Court, Joan Carey /~ ~ MidPenn Legal Services u...,~ Attorney for Plaintiff g-- ~ t:. M.fh..!. 9-. ','.~:,1ljiI~,-, , "-,,,,__,'''-''r{''--::_ " "[:: "r _ (--" ~ ,~~~~" ~ ;!"! ;~!d;"I~~,~I:llilX1d?&"'W?Ji~,4~"HLi@.~'~f;ii'{1~~i'iJ"';;"">,~h~i''''''''~W;~i'!!.%i1dj"m.'\ii-~l"WIH'-'i\illh';e;"~I~~~~iZJJi1'fU:'Yl1liJ' " 'Ai;nr- - ~ ~1IlII~~Ci )!, ~~J f3-ft "};.,\i'iY ;'! P'~(' II ,) I 1..,'1""1,, f~';'1 l~: n 2 CUlij:d~H'-,/" ()jUNTY PEr~i~SYLVi\t\llf\ ,~ ~ --^" ~ 0" ~o^ '. ,~" =U' ~,~,., ,~" , i" . < " Dianna Kay South, Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-6872 CIVIL TERM Keith R. Kinard, Jr., Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Dianna Kay South, by and through her attorney, Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on December 4,2001, scheduling a hearing for December I 1,2001, at 3:00 p.m. 2. The Cumberland County Sheriff's Department has not yet been able to effect service on Defendant. 3. The Plaintiff requests that the hearing be rescheduled to afford time for service on Defendant. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order ;:'.-,~~Jc,lll.,;,-J .,,<,;,','", '_ ':',. ,- c','_ ;,'-1' ' -~ ~~ " - ~- ~ " . remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, ~~ (joan Carey Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 "~'-x.~\,~.}~1~" ..::,,,,~-.!'>--',,'(~,' "', ___",,'t ','" ,~, N' " ,'::"..,-~--:t'" 'c' - - '- . i ij I, 'I " i' I: " I. [' I' i~li'BiIr Ii!IIIII!l'!fI ,.""JJ" ' - - ~ "-, - ~ ,~, ~~ ",~ "< --,'"' ~"~ '", (") ~::; ~g L(~ -J ~~~ -<:,,: C-') ~;-. ,2 ::;_1 :.~1 ()"J C,) ::"----:-.1 {",'! ~ ") ,"'..J ~T j "H;,'1m~_j" _?\,J[]!;\fbA,lt~,~ < .....I,l~~~l"~k~~~0V"~wt>'j'!j"Jji\ti<;''f''04)O:-YJ':;:if.Xl!1f1),~~~~'fA1~1t~1iN*:tM'%F'th0!iJC'.<~j~,.f;i*'1;,"'!-O/'1'<ii!fi~"4'~~ - - " I ' 'c I; Dianna Kay South, Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01-6872 CIVIL TERM Keith R. Kinard, Jr., Defendant : PROTECTION FROM ABUSE ORDER FOR CONTffiUANCE AND NOW, this /11- "Jay of January, 2002, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on January 10,2002, at 3:00 p.m., is hereby generally continued. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection From Abuse Order shall remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. By the Court, Joan Carey MidPenn Legal Services Attorney for Plaintiff ~ ~ J-II-D;L ~. ',,~T.""'\<i&>>J1,1~r--:o,~_~, '-' ~ 1'," '"-~''''T - ;'--' , " ~ , ~, " ~:it;~l?Ujt~~~~~.M\f!1f~:;4;.i.'--y{Niil(;()';':'ii'f:~~~f"''''''fi,Mf~,~~'l','!Ii'tJ'..o: ;; 'ijfll"""~ ~''8.tdi''J W !.):- ' 02 .JM~ ! 0 PI"1 '<; "'n . ...~ ;J..... C'IUn'V'i'b'~,~j ,,\:'. (Y'll'hl'T'{ '-'.....1 .c--' I; ,..) \~)""" JI \! l PENNSYLVANiA l~>_ ',"r.c>-M"'r..."~~",, "",m"~ _~'.". ,~o ,~~ w ~ _ ~ ,', h" ~ ". ,~o '"-' ;.;;.,.;,~,'--i~[j "if- '. " ....' i Diarma Kay South, Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-6872 CIVIL TERM Keith R. Kinard, Jr., Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Dianna Kay South, by and through her attorney, Joan Carey of MidPenn Legal Services, moves the Court for an Order generally continuing the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on December 4,2001, scheduling a hearing for December 11,2001, at 3:00 p.m. 2. An Order for Continuance was entered on December 11, 2001, rescheduling the hearing for January 10,2002, at 3:00 p.m. 3. The Cumberland County and Dauphin County Sheriffs' Department have not yet been able to effect service on Defendant despite almost daily attempts to do so since December 4, 200 I. 4. The Plaintiff requests that the hearing be generally continued. 5. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. WHEREFORE, the Plaintiff requests that the Court grant this Motion and generally continue this matter for hearing, and that the Temporary Protection From =~"~''-$i~J~.~" _,' '; ',' - :I~ ': ,~, ---''''.,''' " ~ -~ I - . Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, an Carey Attorney for Plaintiff MidPeun Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 -''',,"-~q[,C',,,,",-.~ .,"--=~, -"I" - ',- " , -,. ~ '~Il "~ ,- "' .. IT . o c ~~.. -':[ rrlf'f: -/^--r"' zL- ~<~~: r::c ~~~ -I -<. c:) f~.) ~~l~ {';} ::~,' :J.;~ ~:;; ~ (;'-1 g fJI Il',l~"_ .1~~!f!lrJ:ll,b';fi!:~~j~~'Il'~ii'~~1;;""'~'-'if-;j,,'l~NJ.,!,J-'i"'i"''-~':''~fi^'"'''1~:W'!i:9'",",~l{:l'k"J.'7,'\J'#!~f~!fu'!1i!~H~~mf,~!?~1 $-~ij - " DIANNA KAY SOUTH, Plaintiff : IN THE COURT OF COMMON PLEAS vs. : OF CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 01-,"'e1~CIVIL TERM KEITH R. KINARD, JR., Defendant : 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. jU . . A hearing on this matter is scheduled for the II day of December, at 3 /~ in Courtroom NU of the Cumberland County Courthouse, Carlisle, Penn~ylvania. 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 fme of up to $1,000.00 andlor up to six months in jail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federallaw, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal Ia.nds, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.c. ~2261-2262. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYL VANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WITH DISABIILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable aceommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing 01' business before the court. You must attend the scheduled conference or hearing. ~q,H',ll, "",',~ ",?,=".' r \ . [< 1, ,';" ,'",.,":~~' 0, '""""', " . , I ;;iu~ :~jr~- j"^:~~~N~gJ~jirir.,l~ifW&k'l~.;i$-;j:&l"~"'Hl'~;.f:';';;C+!:;-t&-"'>h\,,(.%ii,jib~:i~~Si~till...;~:Iii'WJ;:/i;""i:~,;.:;;",~;~~;~-:.i:'\' :]' ~,,;,., '.'" l\f!(:M..oo. OF r r, .),~,.;~:":~':~f;:S_'M "Ol/lnY "lOr-I' v. let" , -'0' p"'/ ? I J ,J 1_' 4 ~ CUfF',-' ;'~ENJIfif\~O\IP,i~[jNTY IL J"iIVJ/\ ~~':"~'~:'~:{~~l"h~R?;~l),\:,;,$L,~ :Uc~4"!'fi"":';,;(;;)",, '~,~'1."t ',"'."_ ~ w_,'.' ,P, -""'c" '" '" ~"''- '" ", ~, ,i"', """"""""ili",' 'ill ""'~ , "",~ ~it""'~~" '~', ~^_.o w - Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Diarma Kay South v. : No. Keith R. Kinard, Jr., Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Keith R. Kinard Jr. Defendant's Date of Birth is: September 10, 1975 Defendant's Social Security Number is: 197-62-1535 Name(s) of All protected persons, including Plaintiff and minor children: 1. Dianna Kay South AND NOW, on 4th Day of December, 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 shall be evicted and excluded from the residence at: 4182 Elk Court, Apt. 13, Mechanicsburg, PennsIyvania 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. "--1;'C,,~ijJ _"',~ ",':;1!':~~~ ,"',~,r,,, ", ","' . ,'C ^'" ,~r" "',, ," """"'- ;.~'~ ,~' ~" Jfu!,:i.!-:,~", 'Y "J ~, -c ,':'"~,"r ,_.' ,,-~" r'..' , ' 3. Defendant is prohibited from having ANY CONTACT with PlaiJ!.tiff, 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. 4. Defendant shall riot contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through thiid persons. 5. The following additional relief is granted: Defendant is ordered to reimburse Plaintiff's out-or-pocket flDancial losses: Lost wages from work in the amount of $600.00 Defendant is prohibited from having any contact with Plaintiffs relatives and Plaintiffs children. Defendant is ordered to pay the costs ofthis action, including filing and service fees. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Hampden Township Police Department 7. 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. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JUNE 4, 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. ~6I 14. 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. ~6I 13. 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. ~~226I- 2262. 1'__-' -"- " ,~ ' 1- ,~ ,,> :;,s:;"" 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 may be located. If defendant violates Paragraphs I throug!1 4 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, base~ 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 weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Judge ~..~ Distribution to: Legal Services Faxed & Mailed to PSP ''1f"J"::q:,,~~.r.J "c"'"" ' t:. ," T .'~ ,^ " -" ,'?"~, "., " I' ~,' ,~ PF AD Number: DUI379548F : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Dianna Kay South Plaintiff v. N () 1- (, Y? ~ ,C;;;:J -1.b- : o. Keith R. Kinard, Jr., Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Dianna Kay South 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. Dianna Kay South 4. Plaintiffs Address is: 4182 Elk Court, Apt 113, Mechanicsburg, PA 17050 5. Defendant's Name is: Keith R. Kinard Jr. 6. Defendant is believed to live at the following address: 2222 Berry Hill Street, Harrisburg, PA 17110 7. Defendant's Social Security Number is: 197-62-1535 , ,'"f ,J!!L~,,:~ ",_' I,~"~,'_;.,< ,~, <' , ,",,'1'" ",- ~ , , . ~;'f"'''''~''o'i=-' _v ~v~ 0 ;<'70"!":~J,.~,,,,,,:_,'Y"'4',"::-P-:" ,;," 8. Defendant's Date of Birth is: September 10, 1975 9. Defendant's Place of employment is: unemployed 10. Defendant is an adult. 11. 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 / parole 14. The following other minor child/ren presently live with Plaintiff: a. Danielle South Age: 11 The Plaintiffs relationship to this child is: Mother 15. The facts of the most recent incident of abuse are as follows: On about Saturday, November 24, 2001 at approximately 11:01lAM location: Hess Station, Carlisle Pike Mechanicsburg While Plaintiff was driving Defendant to a pay phone, Defendant became angry and threatened Plaintiff saying, "It's taking everything in my control not to hurt you. No, you know what I think, I am going to kill you". Defendant punched the plaintiff in the side of her face. Plaintiff jumped out of the car and tried to escape to a local gas station for help, but fell down becanse of dizziness caused by Defendant's punch to her head. Defendant stood over Plaintiff, grabbed her by her hair, and repeatedly punched her about the head and face. Hampden Township police responded to an emergency calland are actively pursuing the defendant on simple assault charges. Plaintiff suffered bruising and lacerations about her face and head and received medical treatment at Holy Spirit Hospital. 16. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Hampden Township Police 'f- r :'C" " "'l:'__~-':":" - ~", -,". ',' ~~;~ - c"1 ,~"'" ". 17. There is an immediate and present danger of further abuse from the Defendant. 18. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 4182 Elk Court, Apt. 13, Mechanicsburg, PennsIyvania Rented By:Dianna South 19. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Lost wages from work in the amount of $600.00 20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER IIJE:ARING, 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. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. 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 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/ren. d. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff'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. e. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be detennined at the hearing. f. Order Defendant to pay the costs of this action, including filing and service fees. g. Grant such other relief as the court deems appropriate. h. Order the police or other law enforcement agency to serve the Defendant with a copy ofthis 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, -',~p lJfJr,. ',~,,, /,"c' ,-, " >"1" . ,.:.,'[' [i;, ;?~'r"" ~'<'=~',,"'___:--;' wliere Defendant can be served. '"'"....ully SubmiUUdby'k / (Y~ Joan Carey , J\gency: J\ttorney MidPenn Legal Services 8 Irvine Row Carlisle, PA I70I3 (717) 243-9400 . -, .----';"0 ,r;L':/:~' ..., ."~,',',' ,"_ >'",-'" < ,., 0", . , " ::Z' VERIFICATION I verify that I am the Plaintiff 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: II jJ:;jO/ , ""f,Jll:~'- ''''"'',' "" _. '",',~"/~: ,~~-"T-- C1- ,- ,"-' ' ," :", ' ~ L'I"~""",_""", ~,~, ,,~',_, ~~,' ...'. .. r ,{.:r,.,~J'lII:,Jin"il, ~~:,~ ",^<-(,',~~, )1.._ "" '~<' ' ,"" ' -~ }< ~ E ~ ~ \.-.~ 0 c')- C) f -'I 1 ~,: C,":'J ,~! r-" U:' iT'l r"~ , ~~) -'l "- I ~ 0.,: ..- -, F~: ~;,: "'~) ~ ~~; S~: ~~i ~t> ::1 :fl '-0 -<, 'i:~ :< '~ t:: --- ,I:> Jl ! () , \J -0' ::s ~\ [t t-fS\ ~O? \) \) .. I.J..'I ./ &" ~ "' t _', . '-'I~ff",?\il~,',j/'~':i~'I!"1~i>'j~!;~~; ""#il,fi,"'''0~Ml''''''I!ij~~~"-,,,,1' : :''''''"J''':-h'~'~''<iV".. _ : ~"" , ~g~~~"~,''j;fI;'t;n _"_~,i!l"~IUJilIiIl~,,, '-"',', ~ ~ ~ r-- V) r (0 ~ - 12/04/01 TUE 15:22 FAX 717 240 6573 CliMB CO PROTHONOTARY 141001 . ***$*********************** u. MUCTI TN' REPORT ... *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2887 [ OIl 9p2490779 [ 03]9p2405331 [ 04]92438026 PSP CP LS ERROR " , OfFICE Of 'llfE PR01'HCNJI'ARY CUMBERLAND Cl:XJNTY (:()(JR1f/CUSE Q\IE COURTHOOSE SQUARE CARL[SLE. PA. 17013-3387 (717) 240-6195 fAX (717) 240-6573 V [A TEL E COP I E R TO: PA STATE POLICE - Cc"t. I'HtlC,t,S-:'.. M,P. /...$. PAX #: 717-249-0779 .- PRa1: CURTIS R. LONG RE: PFA ORDERS MESSAGE : _ -L t<<l. OF PAGES (INCLUDING OOVER SHEET) 'l1'\is II Y is j"bc.d:d ally fir tte use of ttI! iniiviCUiL cr enti~ to WUd1 is is nl1. _~LJ, crtl m:rt a::nb.tin infbmatim ltat is p::ivil.eg;d. cmfidentia1 erd ~ fmn O.;......l<:aJm \J'd<;!r ;OW';""""" lai.. If tte r;a;ri;:r of this ~ is rot tI-e inlB-rb:A n'J::ip;iart:, )Q.l am ~ rotifie1 ltat <q' (\isSelIIj.rat:.U:n. cIist:d.I:lJtic cr <xp/:ing of this a:J1IlUliaitim is strictly p:rhibitHl.. [f yw tme re::ei-e:l Uu.s a:mnnic.'Jti(n in eo:<:Il:. plt;!ase I'lJti.fY IS .imnrliately by lele!;h:re em telum tie a:ig:iml." c YJ' to LG at .......... ............ . ~ w..;... 14-_ "C .-.--.1-.1 ......--.....:........ ~1. ...n... ""'i\'~__ }li'~l,"iI.OC,_, ',__ _.,~.JU~~,."" ~~ ~,,~- ~, ,,~ P ,,,., ~ ~,~ SHERIFF'S RE~URN - OUT OF COUNTY CASE NO: 2001-06872 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOUTH DIANNA KAY VS KINARD KEITH R JR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KINARD KEITH R JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within PROTECTION FROM ABUSE On April 11th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 18.00 9.00 10.00 .00 .00 37.00 04/11/2002 LEGAL SERVICES County Sworn and subscribed to before me this j:b ~ day of YLJ<P 02&tJ~, A.D. C)'<I'" f2. kli.. '. A PAr' I Prothonotary'f i ,,,:!,~~~\,~_ ~ I -",.."...~- """ ". ~ - - ~ @ffitt 'of llrr ~4r:riff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania SOUTH DIANNA KAY vs County of Dauphin KINARD KEITH R JR Sheriff's Return No. 3429-T - -2001 OTHER COUNTY NO. 01-6872 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for KINARD KEITH R JR the DEFENDANT named in the within PFA NOTICE OF HEARING & ORDER and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, March 18, 2002 PER DEPUTY DAVID HERZOG WHO HAS BEEN LOOKING FOR DEFENDANT FOR SOMETIME BELIEVES AT THIS TIME IN MARCH OF 2002 THAT DEFENDANT IS NOT IN THE HARRISBURG AREA ANYMORE. IF ANYTHING COMES UP WITH DEPUTY HERZOG ON DEFENDANT, WE WILL CONTACT YOU. ~. ~a.Ww) jR~ Sworn and subscribed to before me this 18TH day of MARCH, 2002 Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO ~>~~~_ )I,J ,-,_W__"~ -k,u' " .'F',' _., I' ~ ~~ . ~~ - "~~. - I I In Tbe Court of Common Pleas of Cumberland County, iPemnsylvania Dianna Kay South VS. Keith R. Kinard Jr. SERVE: same No. 01 6872 civil Now, December 4, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ---""",t"7 ~/ ~~ :or ~<.f:.R~ Sheriff ofCurnherland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the original a and made lrnown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me tllis _ day of , 20_ COSTS SERVICE l\1ILEAGE AFFIDA V1T $ 3> .-;~r ji!f~]~.,,~._ -'_"i' . -"')co <>-;,.. - ~'f'" - -.", ,-."- ._~ JAN 14 2002 10:44 c~ CUMB~~lAND CO SHERIFC717 240 5397 TO D~_PHIN CO SHE F p.Ol/03 Dianna Kay South, Plaintiff , : iN THE COURT OF COMMON PLEASE OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6872 CIVIL TERM : PROTECTION FROM ABUSE Keith R. Kinard, Jr., Defendant QRDER FOR CONTINUANCE AND NOW, this ID -e. day of January, 2002, upon consideration of the attached Motion for Continuance, the matter scheduled for bearing on January 10,2002, at 3:00 p.m., is hereby generally continued. This Order is entered without prejudice to either party to request a hearing. ~~":U~L" 1. '~'!f~ ~.'j~~ ',Ai1"~---"6ln1B L.;..J.t.~ ~~ al<l~"-~ -~.Lt. -.i.,'y_~_.J_._~,,____~ of~1' .......mI1$.Q:Qm;tbe.~itl.\WlS~OItU_Ull*r;~ofGiJ,~. . udoi~'R ~Ir'....:fu:st.c. By the COW1, -/isJ ~ t /"*=- e'orge E. H ffer, pi Joan Carey MidPenn Legal Services Attorney for Plaintiff r:r..~ r~,::, .-".- -. , ,.. '.' ~~, -.~"'~ .~- ~"-"'~"'''-t r-"">-~~' _..~~ I r. T ~"~;~';'~1;;:~ }.,::'-~~';~~r;~[^r" ; "; i':~'~:~':~~::~;/.' .;' ~~..~.:,~~~ ;~t :~~:~~ -'~~~~'~1li ;;':~:';i ';~\I:j Sl~ t-:,,:~:~:;J C :.'rt (~t G~h';i:~!~::? i}:ot. , Il/!J ~~3 {I ~.. Pro!honc.tarf "f~,;W~","".,,_ "'"""''"t-. "r ., _7i",_ ,e - ii' JON 14 2002 '10:44 'R CUMBERLAND C~ SHER1C'717240 5397 TO DAUPHIN CO SHERF P.02/03 Dianna Kay South, Plaintiff : IN TIlE COURT OF COMMON PLEASE OF vs. : CUMBERLAND COUNTY, PENNSYL V ANlA : NO. 01-6872 CIVIL TERM Keith R. Kinard, Jr., Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Dianna Kay South, by and through her attorney, Joan Carey of MidPenn Legal Services, moves the Court for an Order generally continuing the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Ocder was issued by this Court on December 4, 200 I, scheduling a hearing for Decembec II. 200 I. at 3:00 p.m. 2. An Order for Continuance was entered on December 11,2001, rescheduling the hearing for Januaxy 10.2002, at 3:00 p.m. 3. The Cumberland County and Dauphin County SheriflS' Department have not yet been able to effect service on Defendant despite almost daily attempts to do so since December 4,2001. 4~~:"-'-""'-;;;'~ii~IJi~;"~":"~"I!~- "\y, ~-~:fJ.. '<-'_ 5. The Plaintiff requests that the Temporaxy Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes fiTS!. WHEREFORE, the Plaintiff requests that the Court grant this Motion and generally continue tbis matter for hearing, and that the Temporary Protection From \"1f}@!!~.___",c_. .', . ~-:r','~-",,""r',-~,,- r ( "'-I' " ,- ,."..,- " ~",,,,-_.. -~ , ,,; JO>! J.d. 20'02 ~O':d." "R C'JMBERLAND CO SH"Ri~"71.7 2"111 6397 TO DoUPHIN CD SHERF P.03/1el3 Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes fllSt. Respectfully submitted, ~~/ Attorney for Plaintiff t/ MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ** TOTQL PoGE.03 ** '{-',:. ,_:~" ':""'-r"1,~,, ~",,"~ __ .-, "7". , "'1'- ",,'. -~ '1'-" . ~- , ~~.~ ;;J'~:i'.&;,fu:I'\%~I~r,oill;m,!.i;l!.j,?,S1":'V;"''''jJb;~' rJ?;:!f~i;~~j",,,,2;1~j01lt\,';1<,,,,,-,<,::,,;lc..,.;,i.;L" ";WN;,,,,,";:~''-i.'_;-''*,,;';T4~*,:!iff~I~~1 -~f'_~a -" ~"~' "-'M"; ~~.JI' ["II UP,f1lll'fC Q U ~ T '( SHERIff'S OFFICE Ot.UF'IIIN COUNTY COUnIlOJ"f, H::,KRI$BURG ?,., :7:0: 02 JAN 14 AM 10: 52 RECEIVED II ,,- ~ ,"~._~,~" - '-~'lIiiblllii, ~ " ... Dianna Kay South, Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-6872 CIVIL TERM Keith R. Kinard, Jr" Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this 11Th day of December, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on December II, 2001, at 3:00 p.m., is hereby rescheduled for hearing on January 10, 2002, at 3:00 p.m, in Courtroom No.3. The Temporary Protection From Abuse Order shall remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. By the Court, Joan Carey MidPenn Legal Services Attorney for Plaintiff TRUE COPY FROM RECOAO ," T~ wnemof. I hn unm II8l my bacia ~mHtIt of 8lIAd .rt. I , iY~:~~;c~l~'4':~o~ ",!-.",.,. _ d"o_,;'U ,~ -;'-'-' ""-'1-'. ,,' ^"" '1"' ';''''',-~'1:-, -~~ w Ie,,,,,..,.,., , '" .. Dianna Kay South, Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-6872 CIVIL TERM Keith R. Kinard, Jr., Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Dianna Kay South, by and through her attorney, Joan Carey 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 December 4, 2001, scheduling a hearing for December II, 2001, at 3:00 p.m. 2. The Cumberland Connty Sheriffs Department has not yet been able to effect service on Defendant. 3. The Plaintiffrequests that the hearing be rescheduled to afford time for service on Defendant. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order ,-C"'., . ., -'l'~'""~' ., - - - r., '" ., ,",,-, ,~ - li "'~'t1_ '. ,.. remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, ~~ {J6a-n Carey Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 . , _'-l ,"-,,-- -. - -.-"'" , ,_ _~ i -"-1' .L >~':~~l~1~~.~~g.l!~}tti":C'f~i~~iin1W!;0-""e(;"'i~w,.;~'~--*.J}'~",~jf;IJ:~(lflt:Sf;ti ,,~ j)~"~~'''IK \'f"';-';\'Il.E!t-t'~-"' ~;L'- i~liFj\9E :PF1Wi: t$i~IUl'iF ,OUM8fi';, :.['Ol)l!W'IY iDee 114 10 '41nM'O:1 C /~\ f~ i _ ~ ,j L t:: PUHISYLVA,NIA --':-," '-' :;, "\":.- -,,-:1'#r '. " ~O. ,_O~ --itir~<'~. ~ '~'1' "'~-P"i~ ," ~ ry~C 12 2001 11:45 ,~ CUMBE~LAND CO SH~Rl'~717 24B 5397 TO 97805488 P.03/'iJ4 ,-, " Dianna Kay South. Plaintiff : IN THE COURT ()F COMMON PLEASE OF . . : CUMBERLAND COUNTY. PENNSYLVANIA vs. : NO. 01-6872 CML TERM Keith R. Kinard, Jr., Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE I , The Plaintiff, Dianna Kay South, by and through her attorney, Joan Carey 1f MidPenn Legal Services, moves the Court for an Order rescheduling the hearing, the above-captioned case on the grounds that: I I 1. A Temporary Protection From Abuse Order was issued by this Court on Decerober 4, 2001, scheduling a bearing for Decemba 11, 2001, at 3:00 p.m. , 2. The Cumberland County Sheriff's Department has not yet been able to tffect service on Defendant. j 3. Tbe Plaintiff requests that the bearing be rescheduled to afford time for ervice on Defendant ' 4. The Plaintiff requests that the Temporary Prolection From Ab Order felllllin in effect for a period of eighteen months from the date it was entered or further Order of Court, whichever comes first WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order ~-;~jll1 _nr:~~ "" >,." ".F_ _ ,'." ,. 'c. '" '1''''<' " - ')~-- ", _O_M. '<'-'"'~"'''~l''Nm/!O. D~C 12 2001 11:45 cR CUMB~RLAND CO SHERl""717 240 5397 TO 97806488 . jf' remain in effect for a period of eighteen months from the date it was entered or W1ti further Order of Court, whichever tomes first. Respectfully submitted, ~ (iv-</ Carey {/ Attorney for Plaintiff MidPenn Legal Services g Irvine Row Carlisle,PA 17013 (717) 243-9400 '-'-~~J~~~_ :wmJ, ','_',_~1_,_"'_1 "", ': ~.~.. , -,."1- " "I - ~ ' "- "0'" T" .. ~ p.0..1/04 ** TOTAL PRGE.04 ** ~, !~ --;j~mJ'!.&:\li!m,.w.'!>.liili1~ijl~'JlM!g;Ii<'(q"_*~~4..~it,#$"''''"''''~';; _-',.~k: ")_--,~~;:i_-;"'-';O_\,~i_~~(YJ",,,k!ib:..aii&'illlM'.MWi~i~~l<'~.' Jr,lirJi'_.J CCUI'!T'( ~ :::i\'iri 'S Or~F;C~," ;",P..;'" 'fi;- '( CC: r ,-r il :"",;.., (" [" ,,;j I' '''''1')' I [Ir c:,' -:,e r f,- "i- d " J""lUI:IIUII!I! ~. ~, _,~"..,,,~~_ k.. '''?~-'__"_ ' _''''_'"'~, ~.""~ ""~~',,", _r~' ,,'_=".~__ __,__~_ '-~ ", , ., -, " DIANNA KAY SOUTH, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. . : NO. 01-(h~~IVIL TERM : PROTECTION FROM ABUSE KEITH R. KINARD, JR., Defendant 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 residenceandloseotl1~d~l'~rtall[tr.i.,. .'-\3t>. ...... '.. .. . ...~2~~~~/.lJ~iio~;~~~~eriS! .I>.;.. "/:.'fjji"tlI~L} ... .. ~~~.~f~c~~~~;.atr'QOpl'i\in CourvoOl!lNib. ~...of'1!hei<Qul'iibeI1Ill,D,ll' C~'il!l;ty.Co,1i)rmo,use, .CarJi~le,.Relln,yl"a~~. 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 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 may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~2261-2262. YOU SHOULD TAKE TIDS 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 OUTWHERE YOU CAN GET LEGAL HELD. 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 Conrt 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. "/"~~~_l!'dl{!1,~~ ,m~ . , " _~ ' - I' 'F r-- "" "- I~ "iI"~ .",~ Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL V ANlA Dianna Kay South v. : No. Keith R. Kinard, Jr., Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Keith R. Kinard Jr. Defendant's Date of Birth is: September 10, 1975 Defendant's Social Security Number is: 197-62-1535 Name(s) of All protected persons, including Plaintiff and minor children: 1. Dianna Kay South AND NOW, on 4th Day of December, 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 ofthe above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 4182 Elk Court, Apt. 13, Mechanicsburg, Pennslyvania 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. ^-'~Jw:-_ffjn~!l_rrTf"7J '>'--~ ,,"-, ,^ "' ~ - "~..,"'-"'~_. -- 11;' -,';;'~~",^.,-.i!I[ <--n-<--' 3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, iJ;lcluding but not limited to any contact at Plaintiff's school, business, or place of employment. 4. 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. The following additional relief is granted: Defendant is ordered to reimburse Plaintiff's out-of-pocket financial losses: Lost wages from work in the amount of $600.00 Defendant is prohibited from having any contact with Plaintiff's relatives and Plaintiffs children. Defendant is ordered to pay the costs of this action, including filing and service fees. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Hampden Township Police Department 7. 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. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JUNE 4, 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 injai1. 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. ~6l13. 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 D.S.C. ~~226l- 2262. --, -'~ ~~- "" "'~ -~,,~...- ~ NOTICE TO ~A W ENFORCEMENT OFFICIAJLS This Order shall be enforced by !he police who have jurisdiction o\ier !he plaintiff's residence OR any location where a violation of this order occurs OR where !he defendant may be located. If defendant violates Paragraphs I through 4 of this Order, defendant shall be arrested on the charge of Indirect Crimin<il Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whe!her or not !he violation is committed in the presence oflaw enforcement. Subsequent to an arrest, !he law enforcement officer shall seize all weapons used or threatened to be used during'!he violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to !he Sheriff's office of !he county which issued !his Order, which office shall maintain possession ofthe weapons until further Order of this court, unless the weapon/s are evidence of a cIlime, in which case, !hey shall remain with the law enforcement agency whose officer made !he arrest. BY THE COURT: fsJJ::b.~, p .ctI(io /1~Judg~ Date Dislribution to: Legal Services Faxed & Mailed to PSP TRUe COPY FAOMAEOORO Il'I T estlffloAy wl1efeOf. Il\ere onto set. my haoo and t of saIid COO .. CarlIsle. PI, III . . .....' . '.. Ab-zi,l ~ rv ""~!?S,;;l..,.~,_,s _ _ r " ~ ,. , .~~ "".Jf!J 1I1',,~""~ ,';"~", ,,_ ",.~"'1.~- PFADNumber: DU1379548F Dianna Kay South : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : No. Keith R. Kinard, Jr., Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Dianna Kay South 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. Dianna Kay South 4. Plaintiff's Address is: 4182 Elk Court, Apt 113, MechanicsbUlfg, PA 17050 5. Defendant's Name is: Keith R. Kinard Jr. 6. Defendant is believed to live at the following address: 2222 Berry Hill Street, Harrisburg, P A 17110 7. Defendant's Social Security Number is: 197-62-1535 ".'r', , , ~" _.~, -_.~- 8. Defendant's Date of Birth is: September 10, 1975 9. Defendant's Place of employment is: unemployed 10. Defendant is an adult. 11. 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 / parole 14. The following other minor child/ren presently live with Plaintiff: a. Danielle South Age: 11 The Plaintiffs relationship to this child is: Mother 15. The facts of the most recent incident of abuse are as follows: On about Saturday, November 24, 2001 at approximately 11:00AM location: Hess Station, Carlisle Pike Mechanicsburg While Plaintiff was driving Defendant to a pay phone, Defendant became angry and threatened Plaintiff saying, "It's taking everything in my control not to hurt you. No, you know what I think, I am going to kill you". Defendant punched the plaintiff in the side of her face. Plaintiff jumped ont of the car and tried to escape to a local gas station for help, but fell down because of dizziness caused by Defendant's punch to her head. Defendant stood over Plaintiff, grabbed her by her hair, and repeatedly punched her about the head and face. Hampden Township police responded to an emergency call and are actively pursuing the defendant on simple assault charges. Plaintiff suffered bruising aud lacerations abont her face and head and received medical treatment at Holy Spirit Hospital. 16. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Hampden Township Police :.1;i'0'J;-:::~r:. .~~ ~_ .. " "~ - jlI ;,~~'I/f[T '. _ _ ~.~~ 17. There is an immediate and present danger of further abuse from the Defendant. 18. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 4182 Elk Court, Apt. 13, Mechanicsburg, Pennslyvania Rented By:Dianna South 19. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Lost wages from work in the amount of $600.00 20. 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. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. 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 fmd necessary with respect to partial custody and/or visitation with the minor child/ren. d. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff'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. e. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. f. Order Defendant to pay the costs of this action, including filing and service fees. g. Grant such other relief as the court deems appropriate. h. 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, ~ f'~ Ie , , ' I .m,'" ., =_~I 'j'~J~~~~'-.,.',,,_,,,~_~-L,-" ~,_, ~",",,,_, m.l where Defendant can be served. k ~x U / Respectfully Submitted by: /;<;t -7/i J (~././"'-l./ Joan Carey / Agency: Attorney MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243.-9400 &" ~"' ' ""' ~ "~ ~~~ .~"'=~~ J " VERIFICATION I verify that I am the Plaintiff 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: 1/ /3;/0/ , '#1[!%~~ Ull~~ o~_. " -, I~ '" " ,~'" ~. , , ~~~-~,,~~=--'~ = ~""~'~""'_"""'h~~ '-',\ ,> ".'C,o., '''''<'_'~'~'''''<'' ."j,{,", '!"'<,-,:<s"_4P'~';:i.%"o),i1.';'iii,Ji~it'!i!~~~,*~~w~~i!f!M-!!jiii.~W~ofU' "-<" ~'r-'~"""-li'Il" -, GFf\Gf.rO,f :~:~ ~.~ ;C\J~D' \ ') W3 n\ 'U\ Ut.I: l t.. . .;:' (, ~ ", l"'" '-"- p t.'~'N Sf L'i ~" \ ~ "','J i. r 'f CC '.I',~' T l' .,1~-'F'~~, or--~':C[ :,'./1 ;' !>,:Il:;~: ~-',.;:: t. : .\ , .:', ,-""., I ~ "i G I Di:C .- 5 f\;"\ 8: 5 '0 l-i j,;," . ." j '\.; " !I..~. ~ 1 f" ,,- _ _"^ _ _~ ~c ",.,... ~" ," ~~ ," ~ SHERIFF'S RETURN - OUT OF COUNTY , CASE NO: 2001-06872 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOUTH DIANNA KAY VS KINARD KEITH R JR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KINARD KEITH R JR but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within PROTECTION FROM ABUSE On August 16th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 18.00 9.00 10.00 .00 .00 37.00 08/16/2002 LEGAL SERVICES Sworn and subscribed to before me this J l..<-r day of ~ 02 wb A. D . Q~()~~ Prothonotafy >1'>\R:, ,~~" . ~- "--I' "F R':"Thomas Kline . Sheriff of Cumberland County , . ,~ - -" . - , ,,!t'f; :',..~"'''''''''''' -" .~ @ffitt of tqr ~4~riff William T. Tully Solicitor i 'J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 1710 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania SOUTH DIANNA KAY vs County of Dauphin KINARD KEITH R JR Sheriff's Return No. 1940-T - -2002 OTHER COUNTY NO. 01-6872 AND NOW:August 13, 2002 at 8 : 4 SAM served the wi thin GENERAL CONTINUANCE ORDER upon KINARD KEITH R JR by personally handing to LT. ADAMS FOR DEFENDANT 1 true attested copy{ies) of the original GENERAL CONTINUANCE ORDER and making known to him/her the contents thereof at DAUPHIN COUNTY PRISON - D61,670 501 MALL RD HBG, PA 17111-0000 Sworn and subscribed to So Answers, JR~ b.'~m~Y ~=' f Sheriff of Pa. PROTHONOTARY By Sheriff's Costs: $0.00 00/00/0000 RCPT NO KLINGER ''''''l''!'1~J6>'., .",_,4: _,' ,-c,,".'-" ~.'\ _,~_,_;,_, _I~ -.-,1" u , __,_ - ~ ~.. , '-!'"".."',!,~:-' l~ili -,~ In Tbe Court of Common Pleas of Cumberland County, Pennsylvania Dianna Kay South VS. Keith R. Kinard Jr. 01 6872 civil SERVE: same No. Now, !\.ugust.6,..2002 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ../J/ ~ ~~"J ."'<.. ";/~ Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis~dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ '-_>'-~l'",,,~~,';'lil/>~ ,_ -0 f- 1. C'_ ,-, "I .~_IWIIII!III _ ." ~ ~