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HomeMy WebLinkAbout99-02697 ... ~ , "." , LAW OFFICf;S RUPP AND MJ!:IKLE A PROFESSIONAL, CORPORA110N . mE WAONta BUu.DING . SUm: 303 ," NOR'J'H 21ST 8!'-En CAMP HILL, PA 17011 M~Y 0 5.'999 flJ' @.. ~ . ~ '-". . . .... -,-.'."" "" ~<; ,I ':,,' ,",;::) ";',,;\: ::"',, :~',; ':~\:.': , ',.-., .'~;: " ',,::,.;.~:! 0" \( ',,;,' )~. "....'. '.'._', 'n';:',', ;-,,:::"Z':" MAY O. 5' 1999 pb KERRY R. ROBBINS, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99- :L~ 77 CIVIL TERM ERIN G. ROBBINS, Respondent 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 )'ou 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 MAITER IS SCHEDULED ON \'111~ 10 ,I999,AT d'O() f:> .M., IN COURTROOM NO. ~ OF CUMBERLAND COUN1Y COURTHOUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached unit it is modified or tenninated 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 line of up to SI,OOO.OO 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 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 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 )'ou can get legal help If)'ou cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNT BAR ASSOCIA nON 2 LIBER1Y AVENUE, CARLISLE. PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DlSA/lIUTIES ACT OF 1990 TIle Court of Common Pleas ofCumberJand County is required by law to comply with the Americalls with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individual 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. .. where Petitioner resides and any other agency specified hereafter: 4. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDERS and ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDER APPLIES IMMEDIATELY TO RESPONDENT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO RESPONDENT Respondent 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. 96114. Respondent 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. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police who have jurisdiction over Petitioner's residence OR any locations where a violation of this order occurs OR where Respondent may be located. If Respondent violates Paragraphs 1 and 2 of this Order, Respondent may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, 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.,. 9/ " By the Cpurt, (\/1/ J ~:~- -2- I. 4. The parties are husband and wife, having been married on October J 6, 1982 in EnoJa, P A. 5. The parties' marital residence at 1225 Willow Mill Road isjointly owned by them as tenants by the entireties. 6. The Petitioner and the Respondent have minor children born or adopted of their marriage whose names ages and birth dates are as follows: NAMES AGES DATES OF ADDRESS BIRTH Kelly M. Robbins 15 Yrs 10/27/83 1225 Willow Mill Rd Mechanicsburg, P A Kerry E. Robbins 12 Yrs 7/23/86 1225 Willow Mill Rd Mechanicsburg, P A Seth F. Robbins 7 Yrs 12/14/91 1225 Willow Mill Rd Mechanicsburg, P A 7. Said Minor children have resided with the Petitioner at the following addresses with the following persons: Person Address Datcs Mother & Father 3201 Spring Road, Carlisle, PA 1225 Willow Road Mcchanicsburg, PA 1983- J 996 Mother & Father 1996- Prcsent Thc Respondent's mother lives in thc lower portion oftlle partics' marital residcnce. triend and before the Respondent went, she intended to take the children out (0 eat a meal with her male friend. The Petitioner responded that he told Respondent he would not allow Respondent to take their children to go to eat with her male friend. At this time, the Respondent "went crazy' and Respondent kicked and damaged a hand made wooden cedar chest built by Petitioner and used as a coffee table in the living room. Petitioner immediately left the living room to avoid a confrontation and went to the bedroom. Respondent followed Petitioner to the bedroom where she locked both doors to the bedroom preventing Petitioner from leaving the bedroom and began to scream and yell at Petitioner and to strike, hit and smack the Petitioner with her hands. The parties' daughter hearing the commotion inside the bedroom, struck and kicked the one bedroom door which distracted the Respondent, allowing the Petitioner to escape from the bedroom and escape from the Respondent. During this incident, the Respondent threatened the Petitioner by saying that if Petitioner alleges adultery against the Respondent, Respondent's male friend "will get you." 13. 111e Respondent has threatened and abused the Petitioner and on of the parties' minor children in that: On or about Easter weekend. there was an incident where Respondent wanted Petitioner to leave the marital residence pemlanently. Upon refusing, the Respondent started shoving the Petitioner. The parties' daughter inserted herself between the Petitioner and the Respondent and the Respondent shoved their daughter. Also the ~ ..... vi !:; 2 r;, ~ ",",' \0 0. - ~ ~ " ~ I"- ~ n) 'C,~ $J >- ro. o- r: "J~ If; 1-' UJf?! N .< .) C,;ti"; r) :'~-:: ~'-' "'.. ;,) ~. (1) I' 0.. - () ')! ~;: c.~", LI LJ.:'.!' I ., .., CL. ~ ' , , O' .... " ., - ",1..,-.1 Ii. -, .':-1.. (.) (i, ') 0' I ) '1~ I' .n l~ SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-02697 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROBBINS KERRY R VS. ROBBINS ERIN G being duly sworn according and inquiry for the within R. Thomas Kline , Sheriff, who to law, says, that he made a diligent search named defendant, to wit: ROBBINS ERIN G but was unable to locate Her in his bailiwick. He therefore returns the NOTICE OF HEARING AND ORDER, PROTECTION FROM ABUSE, TEMPORARY PROTECTION FROM ABUSE ORDER NOT FOUND ,as to the within named defendant ROBBINS ERIN G ATTORNEY RICHARD RUPP, REQUESTED THAT THE SHERIFF'S OFFICE DISREGARD SERVICE. Sheriff's Costs: Docketing Service Affidavi.t Surcharge So answ;J.s: ,/'/ , ~' ' ~.::y / ./-' , /:..--~ /~!:-~~,-,t'~./ .,.~~ . mas Kl~ne, bher~ 18.00 7.44 .00 8.00 $33 . 'J'! 05/06/1999 Sworn and subscribed }P before me this r(4t.. day of 4-lttul 19-4+- A.D. r U (e i1 ttl~/l_(l: 1 -0t~. J ~{,', ~':-.'" \ ,:' .,; .:.:':~' i.;' : 'I ..t .~': ':: >~< ,:,.".,.' ",,>, > "::,:,, :{.:~;~::~t~'~":::{~~:.:~~:~J:~,~r.:\,::: ,J: ;":-:~:'/ ' ,'I ~1 " :;,:~., '::,<' "~" ~~" '\\, 'f:':: : ~ "~', ': -';\',';' ," i:::~:'(, '" :.\ '-: :._ ~,' .~ ~\')V;~,: "t.........n LAW OFFICES RUPP AND MEIKLE A PROFESSIONAL CORPORA nON 355 NORTH 21ST STREET, SUITE 303 CAMP HILL, PA 17011 ~. , MAY 051999!fJ where Petitioner resides and any other agency specified hereafter: 4. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDERS and ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDER APPLIES IMMEDIATELY TO RESPONDENT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO RESPONDENT Respondent 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. 9 6114. Respondent 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. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police who have jurisdiction over Petitioner's residence OR any locations where a violation of this order occurs OR where Respondent may be located. If Respondent violates Paragraphs 1 and 2 of this Order, Respondent may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office 01 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. TRUE COpy Fi\OM Rr:COrm In T ll-!lim~~y w~-.ercsf. I :,( rc 1lI1!(' !t: rl),' ~:;n1 3nd l~tI ~.al 01 &:,id CC'Irl ill C~; ;,~;~, i'3. -2- This. ",' -') CJy ~~f th.,,?, . 19~'1 ( tL....., (, lIt. rti~ jj,cl~' I I , r Prothonotary KERRY R. ROBBINS, Petitioner IN THE COURT 01<' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~''i- .J~f7 NO. CIVIL TERM v. ERIN G. ROBBINS, Defendant PETITION FOR PROTECTI~ F!hOM ABUSE , ill q -ni-:-; - ;-:-j Cl;C.T ::: i~lfL1 -:: ~;:. J "-,1" ;,',:,:',> Cj ~Sb - " ..,..., ..>~ .f. ..,..."Tl "~". -" ;~() '.;';~.. :..) (5fTl AND NOW comes Petitioner by his attorneys, Rupp and Meikle, and Richard % Ru~ an~ PETITION FOR PROTECTION FROM ABUSE files this Petition for Protection from Abuse as follows: 1. This Petition is filed pursuant to the Protection from Abuse Act, 20 Pa.C.S.A.g6101, et seq. 2. Your Petitioner is Kerry R. Robbins, an adult individual residing at 1225 Willow Mill Road, Mechanicsburg, PA. Your Petitioner's Social Security Number is 170-54.9307 and is employed at Exel Logistics, 6 Doughtcn Road, Mechanicsburg,l' A 17055. Petitioner's date of birth is June 21,1963. 3. The Respondent is Erin G. Robbins, an adult individual rcsiding at 1225 Willow Mill Road, Mechanicsburg,l' A. Respondent's Social Security Number is 159-58-904I,.and she is self. employed as a hair cutter/stylist working out of the lower portion of the parties' residence. Respondent's date of birth is August 19. 1961. ,'\ :: ' ',' , :"", " ,... >':: ,', 1 "/ , ,\ '~ . \:.' "t~~:",~:;, 'i~':"'~':~:::::~~ .~t;;:P;~";:~,{ :"'::'~" .:'1' .~ :" \~;, ,:,";' ':. ,:i \ ,\ ,', :,:, ,_ 1:\ '~ "\~':, : , ~;.:.- ',': ",..." ,'/',;'.', \,: 4. The parties are husband and wife, having been married on October 16, 1982 in Enola, P A. 5. The parties' marital residence at 1225 Willow Mill Road is jointly owned by them as tenants by the entireties. 6. The Petitioner and the Respondent have minor children born or adopted of their marriage whose names ages and birth dates are as follows: NAMES AGES DATES OF ADDRESS BIRTH Kelly M. Robbins 15 Yrs 10/27/83 1225 Willow Mill Rd Mechanicsburg, P A Kerry E. Robbins 12 Yrs 7/23/86 1225 Willow Mill Rd Mechanicsburg, P A Seth F. Robbins 7 Yrs 12/14/91 1225 Willow Mill Rd Mechanicsburg, P A 7. Said Minor children have resided with the Petitioner at the following addresses with the following persons: Person Address Dates 1983-1996 Mother & Father 3201 Spring Road, Carlisle. P A 1225 Willow Road Mechanicsburg, PA 1996- Present Mother & Father The Respondent's mother lives in the lower portion of the parties' marital residence. [1 \ I I II I , i i 8. The Respondent-wife has initiated divorce proceedings in this Honorable Court on or about April 20, 1999 by filing a Divorce Complaint against petitioner for custody of said minor children, Civil Action - Law, No. 99-2355. TIle Petitioner has filed a Counterclaim for Divorce against the respondent on or about April 30, 1999 in that action. 9. The Respondent-wife has initiated custody proceedings in this Honorable Court on or about April 20, 1999 by filing a Custody Complaint against petitioner for custody of said minor children, Civil Action - Law, No. 99-2355. TIle Petitioner has filed a Counterclaim for Custody against the respondent for custody of said minor children on or about April 30, 1999 in that action. 10. No Order awarding custody has been entered by any Court. II. Petitioner has no knowledge of any person not a party to the proceedings who has p:lysical custody of said minor children or claims to have custody or visitation rights with regard to said minor children. 12. TIle Respondent has threatened and/or abused the Petitioner in that: On or about Sunday, May 2. 1999, at the parties' marital residence, the Respondent told the Petitioner lhat she was going to go to {he shore \\;th her male friend and before the Respondent went, she intended to take the children out to cat a meal with her male frierld. The Pelitioner responded that he told Respondent he would not allow Respondent to take their children to go to eat with her male friend. At this time, the Respondent "went crazy' and Respondent kicked and damaged a hand made wooden cedar chest built by Petitioner and used as a coffee table in the living room. Petitioner immediately left the living room to avoid a confrontation and went to the bedroom. Respondent followed Petitioner to the bedroom where she locked both doors to the bedroom preventing Petitioner from leaving the bedroom and began to scream and yell at Petitioner and to strike, hit and smack the Petitioner with her hands. The parties' daughter hearing the commotion inside the bedroom, struck and kicked the one bedroom door which distracted the Respondent, allowing the Petitioner to escape from the bedroom and escape from the Respondent. During this incident, the Respondent threatened the Petitioner by saying that if Petitioner alleges adultery against the Respondent, Respondent's male friend "will get you." 13. The Respondent has threatened and abused the Petitioner and on of the parties' minor children in that: On or about Easterweekend.lhere was an incident where Respondent wanted - Petitioner to leave the marital residence permanently. Upon refusing, the Respondent started shoving the Petitioner. TIle parties' daughter insel1ed herself between the Petitioner and the Respondent and the Respondent shoved their daughter. Also the VERIFICATION i' verify the statemenls made in this Petition for Protection from Abuse are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4909 relating to unsworn falsification to authorities. Date: ~1-q9 -