Loading...
HomeMy WebLinkAbout99-03839 .j 1 I i i 1 1 Linda K. McDonald, Plaintiff Vs. Gregory E. Keck, Defendant IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 3839 CIVIL TERM :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Linda K. McDonald Defendant's Date of Birth: 1110161 Defendant's Social Security Number: Unknown to Plaintiff Name of Protected Person including Plaintiff: Linda K. McDonald AND NOW, this nIh day of , 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as followsi Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an order may be entered, does not admit to the allegations made in the Petition. ? Plaintiff's request for a Final Protection Order is denied OR ®Plaintiff's request for a Final Protection Order is granted. ® 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. ? 2. Defendant is completely evicted and excluded from the residence at *[NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ? on [Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ® 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiffs place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 103 North East Street, Apartment #3, Carlisle, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish. ®4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. ? 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] (or see attached Custody order) ? 6. Defendant shall immediately turn over to the Sheriff's office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: ? 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. Any weapons delivered to the sheriff under Paragraph 6 of this order or under Paragraph 6 of the Temporary Order shall not be returned until further order of Court. ® 8. The following additional relief is granted as authorized by 56108 of this Act: a. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. C. Defendant is enjoined from harassing Plaintiff's relatives. d. The court costs and fees are waived. ? 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendants correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented) requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2.0 This order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR ? The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. ® 13. THIS ORDER SUPERCEDES® ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire in one year. NOTICE TO DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 56114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 52265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. 55 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. 5922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 56113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned, bond set and'both parties given notice of the date of the hearing. BY THE COURT, J.;` Wesley oW, Jr.`, Judge l If entered pursuant to the consent of Plaintiff and Defendant: Linda K. M Donald Gregor3d E. eck Plaintiff Pro Se Defendant Philip "C. Brig ti, Joan Carey, and Andrea Le Attorneys for Plaintiff 8 Irvine Row Carlisle, PA 17013 ?. ' ,? - ?.: .? I Linda K. McDonald, Plaintiff VS. Gregory E. Keck, Defendant :IN TIIE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 CIVIL TERM :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled for the day of ,1999, at .06 q .m., in Courtroom No. I of the Cumberland Count Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, 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. 92261-2262. 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 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 Court of Common Pleas of (7tmsberland 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. Linda K. McDonald, :THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 99 - CIVIL TERM Gregory E. Keck, Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Gregory Earl Keck Defendant's Date of Birth: 1/10/61 Defendant's Social Security Number: Unknown to Plaintiff Name of Protected Person: Linda Kay McDonald AND NOW, this Z q It day of June, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ® 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 evicted and excluded from Plaintiff's residence located at , Cumberland County, Pennsylvania, (a residence which is jointly owned/leased by the parties; owned/leased by the entireties; owned/leased solely by Plaintiff /Defendant to which Plaintiff and the minor child/ren moved to avoid abuse, which is not owned or leased by the Defendant, or any other permanent or temporary residence where Plaintiff 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, except for the limited purpose of transferring custody of the parties' child/ren. Defendant shall remain in his vehicle at all times during the transfer of custody.) ® 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 103 North East Street, Apartment #3, Carlisle, Cumberland County, Pennsylvania, a residence which is leased solely by Plaintiff, and any other residence Plaintiff may establish. ® 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ? 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: 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 Plaintiff in accordance with the terms of this Order. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ® 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department ? 9. THIS ORDER SUPERSEDES ? ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO 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 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. 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 Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant 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. Philip C. Briganti Joan Carey and Andrea Levy Attorneys for Plaintiff BY THE COURT, ? ?rl Jude -? .. ? i ? .' 1 ^.i f .. ? ? ? Tt'l-`?K?V??PAr`4??c1 ?17? .GS. ?? Linda K. McDonald, Plaintiff VS. Gregory E. Keck Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - -W539 CIVIL TERM :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Linda K. McDonald. 2. The name of the person who seeks protection from abuse is Linda K. McDonald. 3. Plaintiff's address is 103 North East Street, Apartment #3, Carlisle, Pennsylvania, 17013. 4. Defendant is currently incarcerated at the Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania, 17013. Defendant's Social Security Number is Unknown to Plaintiff. Defendant's date of birth is 1/10/61. Defendant is currently unemployed. 5. Defendant is Plaintiff's former intimate partner. 6. Defendant has been convicted of the following crimes including: burglary, conspiracy, and receiving stolen property. 7. The facts of the most recent incident of abuse are as follows: On or about June 20, 1999, Defendant became enraged, grabbed Plaintiff by her shirt causing it to rip, forcefully shook her, poked his finger in her face, and hit her in the face with his head causing a welt under her eye. Later that day, Defendant placed his arm around Plaintiff's neck to restrain her. The police were called and Defendant was arrested and charged with simple assault, taunting a police dog, and possession of drug paraphernalia. 8. Defendant has committed the following prior acts of abuse against Plaintiff: Since April 1999, Defendant has abused Plaintiff in the following ways: Defendant has thrown drinks in Plaintiff's face, spit in her face, and grabbed her causing her to fear for her safety. 9. The following police departments in the area in which Plaintiff lives should be provided with a copy of the Protection Order: The Carlisle Police Department. 10. There is an immediate and present danger of further abuse from the Defendant. 11. Plaintiff is asking the Court to order Defendant to stay away from the residence at 103 North East Street, Apartment #3, Carlisle, Pennsylvania, which is rented by Plaintiff. WHEREFORE, PLAINTIFF REQUESTS 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 in any place where Plaintiff may be found. B. Order Defendant to stay away from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in writing, personally or through third persons, includinq, but not limited to any contact at Plaintiff's place of employment. D. Prohibit Defendant from having any contact with Plaintiff's relatives. E. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. G. Order the following additional relief, not listed above: a. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. b. Enjoin Defendant from harassing Plaintiff's relatives. H. Grant such other relief as the court deems appropriate. I. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Dated: Ei flip . Brigant' Joan Carey and Andrea Levy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 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: 4h(kY c A Linda K. M Do ld .. ., i.? IJ SHERIFF'S RETURN - REGULAR CASE NO: 1999-03839 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCDONALD LINDA K VS. KECK GREGORY E STEVEN WHISTLER Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon KECK GREGORY E the defendant, at 13:45 HOURS, on the 24th day of June 1999 at C C P 1101 CLAREMONT ROAD CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to GREGORY E. KECK a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answer Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 8.00 oma ine, e i $29.lu 06/25/1999 by epu y eri Sworn and subscribed o before me this dj a" day of 19__qj A.D. ? i ? rrocnonota I ti ' .dL Linda McDonald, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-3839 CIVIL TERM Gregory E. Keck, Defendant PROTECTION FROM ABUSE K ORDER K AND NOW, this)-? day of November, 1999, upon consideration of the within Petition, the portions of the Protection Order, dated June 30, 1999, which prohibited the defendant, Gregory E. Keck, from having any direct or indirect contact with the plaintiff, including but not limited to, telephone and written communications, are vacated. In all other respects the Protection Order entered June 30, 1999 remains in effect. By the Court, J. esley Oler, Y, Judge Joan Carey Attorney for Plaintiff i?Ll 1?4JI ??? ?NA 1.? r r ?. Linda McDonald, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW NO. 99-3839 CIVIL TERM Gregory E. Keck, Defendant PROTECTION FROM ABUSE PETITION FOR MODIFICATION The plaintiff, Linda McDonald, by and through her attorney, Joan Carey, of LEGAL SERVICES, INC. represents the following: The plaintiff, Linda McDonald, and the defendant, Gregory E. Keck, are in the process of reconciling their differences. 2. The plaintiff desires that the defendant no longer be prohibited from having any direct or indirect contact with the plaintiff, including but not limited to, telephone and written communications. 3. The plaintiff desires that all other provisions of the Protection Order dated June 30, 1999, remain in effect. WHEREFORE, the plaintiffrequests that the Protection OrderofJune 30, 1999, be modified to reflect the above terms. Respectfully submitted, ,'/Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 k '?-, Verification The above-named plaintiff, Linda McDonald, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Linda McDonald, laintiff 'C% 4%0 3 M (7 to u ILI r u LINDA K. McDONALD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 99-3839 CIVIL TERM GREGORY E. KECK, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: BAIL SET ORDER OF COURT AND NOW, this 15th day of February, 2000, the Defendant, Gregory E. Keck, now appearing in court with the Public Defender, Arla M. Waller, Esquire, as the result of an arrest warrant upon a charge of Indirect Criminal Contempt, and the Court having by prior Order scheduled the trial on the charge of Indirect Criminal Contempt for Wednesday, February 23, 2000, at 1:30 p.m., bail in this matter is set at $1,000.00. By the Court, Jaime M. Keating, Esquire Assistant District Attorney Arla M. Waller, Esquire Assistant Public Defender Probation Sheriff CCP Victim - Witness :srs , //' e ? ? " 1// J. 76Yey Oler r., J. LINDA K. McDONALD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 99-3839 CIVIL GREGORY E. KECK, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this ('A day of February, 2000, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, GREGORY E. KECK, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the ? day of? 199999-at o'clock -.m. in Courtroom # / of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, Oler Jonathan R. Birbeck, Chief Deputy District Attorney GREGORY E. KECK C D t ,IF-,S I y Z).J't LINDA K. McDONALD, : IN THE COURT OF COMMON PLEASOF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 99-3839 CIVIL GREGORY E. KECK, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON HAR ES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. § 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. § 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. COMMONWEALTH OF PENNSYLVANIA COONTY OF CUMBERLAND Meg. DIM. Na.: 09201 DJ Name: Non. PAULA P CORREAL Macau: 1 COURTHOUSE SQ Tekpnone: CARLISLE PA 17013 717 240 6565 AKA: GREGORY KECK EARL KECK Registration Number Annual Sucker Number CRIMINAL COMPLAINT AND PROBABLE CAUSE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA DEFENDANT: VS. NAME and ADDRESS GREGORY EARL KECK 103 N EAST ST APT 3 CARLISLE PA 17013 0000 00 Docket No.: Date Filed: OTN: OLIN Number SID Number IOHRQ754051 20000200414 CAR 642 R.S.A.: WM 39 D.O.B.: 01 10 1961 S.S.#: 210 52 8621 ORI NO.: PA0210200 District Attorney's Office .- Approved -Disapproved because: (The District Attorney may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing. Pa.R.Cr.P. 107.) When the affiant Is not a police officer as defined In Rule 51(C) and the offense(s) charged include(s) a misdemeanor or felony which does not Involve a clear and present danger to any person or the community, the complaint shall be submitted to the attorney for the Commonwealth, who shall approve or disapprove without unreasonable delay). (Signature) i, (NBmeafMfI.ne PO ADOLPHO T HEREDIA BADGE 23 of CARLISLE PD residing at 53 WEST SOUTH ST CARLISLE PA 17013 do hereby state: (check appropriate area) 1. X I accuse the above named defendant, who lives at the address set forth above or, I accuse an individual whose name is unknown to me but who is described as - I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with ?ip?tiRgMffiUMlW c1f?hPC?palth of Pennsylvania at: CARLISLE CUMBERLAND 02(P11d2000 Of 25 HRS in (county) on or aTCT 02 11 2000 0225 HRS Participants were: (it there were participants place their names here, repeating name of above defendant) 2. The acts committed by the accused were: (Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither the evidence nor the statute allegedly violated need be cited, nor shall a citation of the statute allegedly violated, by Itself, be sufficient. In a summary case, set forth a citation of the specific section and subsection of the statute or ordinance allegedly violated). ** INDIRECT CRIMINAL CONTEMPT - CSA1990 CTS 1 THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER NUMBER 99-3839 THE ORDER WAS SIGNED BY THE HONORABLE J WESLEY OLER JR. THE ORDER WAS DATED 06/30/99 Copy: District Justice Defendant Return of Service Police Ile7wp CRIMINAL COMPLAINT AND Page 2 PROBABLE CAUSE AFFIDAVIT Defendant Name:GREGORY EARL KECK Docket Number: INCIDENT NO: 20000200414 CAR THE ACTOR VIOLATED THE ORDER BY ASSAULTING LINDA KAY MCDONALD IN THAT HE DID PUNCH HER IN THE FACE,GRABBED HER BY THE THROAT AND RIPPED HER NIGHTGOWN OFF. THIS BEING IN VIOLATION OF PART (1 OF THE PROTECTION FROM ABUSE ORDER. ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY, OR IN VIOLATION OF 6113 A OF THE ACT OF 23 OR THE ORDINANCE OF 3. 1 ask that warran of arrest or a=mnM=s.be issued and that the accused be required to answer the charges I have made. n order for a warrant of arrest to Issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. I certify the complaint has been properly completed and verified, and that there is probable cause for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. 4904) relating to unsworn falsificatio to auth it' s. Date: (Signature of Complainant) AND NOW, on this date, I c ffy the complaint has been properly completed and verified, and that there is probable cause for issuance of process. egiser newt uU09 u only (SEAL) CARLISLE PD PROBABLE CAUSE AFFIDAVIT INCIDENT NUMBER: 20000200414 CAR DATE: 02/11/2000 OTN: PG 1 CHARGE(S): #CTS 23 6113 A INDIRECT CRIMINAL CONTEMPT - CSA1990 1 COMMONWEALTH VS GREGORY EARL KECK INFORMATION: GREGORY EARL KECK DID VIOLATE THE PROTECTION FROM ABUSE ORDER WHEREBY HE ENGAGED IN PHYSICAL CONTACT WITH LINDA KAY MCDONALD IN THAT HE DID PUNCH HER IN THE FACE CAUSING INJURIES TO HER LEFT EYE, GRABBED HER BY THE ARMS CAUSING BRUISES TO BOTH HER UPPER RIGHT AND LEFT ARMS AND DID RIP HER NIGHTGOWN FROM HER BODY WHILE THREATENING TO KILL HER. I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED TO ANSWER THE CHARGE(S) I HAVE MADE IN THE ABOVE AFFIDAVIT. I SWEAR TO, OR AFFIRM, THE WITHIN AFFIDAVIT UPON MY KNOWLEDGE, INFORMATION AND BELIEF, AND SIGN IT ON 20 BEFORE WHOSE OFFI THA SIGNATURE & SEAL OF DISTRICT JUSTICE GNAT E OF AF AUT PRINT 2 COPIES - DISTRICT JUSTICE 1 COPY - BUREAU OF POLICE METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PAGE: 2 02/11/00 ATH1 CAR3 INC#: CAR 20000200414 DT,TM: 2000 02 11 0225 ------------------------------------------------------------------------------ REPORT NO : 02 IC INITIAL CRIME STATUS: 0 ------------------------ _____ ------------------ ----------------------- LOC, GRID: N HANOVER ST 00851 12 CARLISLE PA 0200 REPORT OFF: 23 ADOLPHO T HEREDIA 02/11/00 0404 PLAT: SECT: P VEH INFO: N INS,OUT: I LIGHT: F WEATHER: C TEMP: 999 F ASSIGN OFF: 00/00/00 DUE: APPROV OFF: 00/00/00 CV HANDBK: N PCCD V/W FORM: N DOM RELAT FORM: Y EXT SIGNED DOC: Y SEC SURVEY: N DEFERR PROSECUT: N STMT / CONFESS: N ARREST(S): Y FURTHER ARRESTS: N CRIM SUMMONS: N WARRANT: Y REC FOLLOW UP: Y REC ASSIGN TO: P ON 02/11/00 AT APPROX. 0225 HOURS I RESPONDED TO THE HARVON MOTEL WITH THE REPORT OF A FIGHT. UPON ARRIVAL I MET WITH MS. MCDONALD AND MR. KECK. KECK WAS IN A HIGHLY AGITATED STATE AND HAD TO BE REMOVED FROM THE ROOM, (12). WHEN MEETING WITH MS. MCDONALD I IMMEDIATELY NOTICED HER FACE WAS RED AND SHE HAD A LARGE SWOLLEN DISCOLORATION ABOVE HER LEFT EYE. OFFICER COHICK WHO WAS ALSO PRESENT AT THE SCENE MADE CONTACT WITH MCDONALD AND ATTEMPTED TO CALM HER DOWN. OFFICER COHICK INDICATED TO ME A SHORT TIME LATER THAT KECK WAS RESPONSIBLE FOR THE INJURIES TO MS. MCDONALD'S FACE. AT THIS TIME MR. KECK WAS TAKEN INTO CUSTODY AND TRANSPORTED TO THE CARLISLE BOOKING CENTER. X IT SHOULD BE NOTED THAT KECK MADE THE STATEMENT THAT HE HAD BEEN ASSAULTED ALSO AND MADE REFERRENCE TO A BLACK T-SHIRT HE WAS CARRYING IN THE FRONT LEFT POCKET OF HIS BLUE JEANS. KECK BECAME UNCOOPERATIVE AND UNRESPONSIVE FROM THIS POINT ON. X MCDONALD STATED THAT THE PROBLEM STARTED AFTER HER FRIEND LEFT THE ROOM TO RETIRE FOR THE EVENING. MCDONALD STATED THAT SHE LAID IN BED TO GO TO SLEEP WHEN KECK STATED WHY COULN'T YOU LAY DOWN BEFORE SHE LEFT? MCDONALD STATED SHE SAID BECAUSE I DIDN'T WANT TO BE RUDE. X MCDONALD STATED KECK THEN SAID " I DON'T KNOW WHY EVERYBODY KNOWS HOW YOU ARE REALLY LIKE". MCDONALD THEN STATED KECK THREW A GLASS OF BOURBON ON HER. MCDONALD STATED " KECK SAID I SUGGEST YOU LAY DOWN AND SHUT UP WHETHER THAT BLANKET IS WET OR NOT, OR THINGS ARE GOING TO GET WORSE". MCDONALD STATED " I'M NOT GOING TO LET YOU DO TO ME WHAT YOU DID TO YOUR EX-WIFE. X MCDONALD STATED THAT IS WHEN KECK CAME AT HER AND PUSHED HER DOWN ON THE BED AND CAUSED THE BRUISES TO BOTH HER RIGHT AND LEFT ARMS. MCDONALD STATED THAT KECK THEN GRABBED HER NIGHTGOWN NEAR HER CHEST AND RIPPED IT OFF AND THREW IT AWAY. X MCDONALD STATED SHE WAS ABLE TO STRUGGLE UP AT THIS POINT AND REACHED FOR THE PHONE BUT KECK PULLED IT OUT OF HER HAND AND RIPPED IT FORM THE RECEIVER. MCDONALD STATED KECK THEN GRABBED HER AGAIN BY THE HAIR AND THREW HER DOWN, JUMPED ON TOP OF HER AND PINNED HER DOWN. MCDONALD STATED KECK THEN STARTED YELLING AT HER " WHY ARE YOU DOING THIS I LOVE YOU". MCDONALD STATED SHE WAS ABLE TO STRUGGLE AWAY AND TRIED TO SIT DOWN AT WHICH TIME KECK CAME AT HER AND PUNCHED HER IN THE FACE METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PAGE: 3 02/11/00 ATH1 CAR3 INC#: CAR 20000200414 DT,TM: 2000 02 11 0225 ------------------------------------------------------------------------------ REPORT NO : 02 IC INITIAL CRIME STATUS: 0 ------------------------------------------------------------------------------ CAUSING HER TO FALL BACK AND BREAK A SMALL LAMP TABLE NEAR THE BED. MCDONALD STATED THAT WHEN KECK DID THIS HE WAS YELLING THIS IS IT YOU AREN'T GETTING OUT OF HERE TONIGHT " I'LL KILL YOU". X MCDONALD STATED THAT IS WHEN THE NEIGHBOR ARRIVED AND KNOCKED ON THE DOOR AND KECK STARTED YELLING WAIT A MINUTE, CHANGED HIS SHIRT AND SAID "THIS IS EVIDENCE YOU ARE GOING TO JAIL". MCDONALD STATED THE NEIGHBOR WALKED IN AND SAID GET OUT OF HERE I'M CALLING THE POLICE. AT THIS POINT OFFICERS ARRIVED ON THE SCENE. X I HAVE PHOTOGRAPHED THE INJURIES ON MS. MCDONALDS FACE AND ARMS AND WAS ABLE TO RETRIEVE THE TORN NIGHTGOWN TOP. THESE WILL BE PROCESSED AS EVIDENCE AND KEPT WITH THIS CASE. A WRITTEN STATEMENT PROVIDED BY MCDONALD WILL ALSO BE KEPT WITH THIS CASE. MCDONALD REFUSED TO GO TO THE HOSPITAL TO BE TREATED. ------------------------------------------------------------------------------ LINDA KAY MCDONALD RSA: WF 47 ------------------------------------------------------------------------------ VICT REPT-BY CDS: 4 7 15 DJ,CRT APPEAR: 2 DOB: 520425 SS#: 198448295 RESIDENT STATUS: R HISP: N CUBN: N ADDR: 851 N. HANOVER ST APT#12 CARLISLE PA 17013 PHONE: 717 243 3113 EMPL: UNK OCCUP: ADDR: 00000 WRK HRS: PHONE: 717 000 0000 OLN: 17058578 PA WANT CHK: VICTIM - CO-OP: Y TYP-INJ: M COND: F MED AID: N TAKEN TO: NOT TAKEN NOTIFIED KIN: N, COR: N, DA: N COMM: BRUISED EYE,RT ARM,LT ARM. Linda McDonald, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW : NO. 99-3839 CIVIL TERM Gregory E. Keck, Defendant PROTECTION FROM ABUSE A ORDER AND NOW, thisZ day of November, 1999, upon consideration of the within Petition, the portions of the Protection Order, dated June 30, 1999, which prohibited the defendant, Gregory E. Keck, from having any direct or indirect contact with the plaintiff, including but not limited to, telephone and written communications, are vacated. In all other respects the Protection Order entered June 30, 1999 remains in effect. By the Court, Joan Carey Attorney for Plaintiff ?' y Oler, J ., Judge J es e OFFICE OF THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 FEB 14 20001'.I? I f 1` Linda McDonald, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 99-3839 CIVIL TERM Gregory E. Keck, Defendant PROTECTION FROM ABUSE PETITION FOR MODIFICATION The plaintiff, Linda McDonald, by and through her attorney, Joan Carey, of LEGAL SERVICES, INC. represents the following: The plaintiff, Linda McDonald, and the defendant, Gregory E. Keck, are in the process of reconciling their differences. 2. The plaintiff desires that the defendant no longer be prohibited from having any direct or indirect contact with the plaintiff, including but not limited to, telephone and written communications. 3. The plaintiff desires that all other provisions of the Protection order dated June 30, 1999, remain in effect. WHEREFORE, theplaintiff requests that the Protection order ofJune 30,1999, bernodified to reflect the above terms. Respectfully submitted, "-,-v oau Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 r'- Verification The above-named plaintiff, Linda McDonald, verifies that the statements made in the above Petition-are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date:g Linda McDonald, laintiff r n Linda K. McDonald, Plaintiff VS. Gregory E. Keck, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 3839 CIVIL TERM :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Linda K. McDonald Defendant's Date of Birth: 1/10/61 Defendant's Social Security Number: Unknown to Plaintiff Name of Protected Person including Plaintiff: Linda K. McDonald AND NOW, this 3 0I? day of SLWc- , 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegations made in the Petition. ? Plaintiff's request for a Final Protection order is denied OR ®Plaintiff's request for a Final Protection order is granted. ® 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. ? 2. Defendant is completely evicted and excluded from the residence at *[NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ? On [Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ® 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order: Plaintiff's residence located at 103 North East Street, Apartment #3, Carlisle, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish. 04. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. ? 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any](or see attached Custody Order) ? 6. Defendant shall immediately turn over to the Sheriff's office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: ? 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary order shall not be returned until further order of Court. ® 8. The following additional relief is granted as authorized by 66108 of this Acts a. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. C. Defendant is enjoined from harassing Plaintiff's relatives. d. The court costs and fees are waived. ? 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This Order for support shall remain in effect until a final support order is entered by this Court. However, this order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2.0 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR ? The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. ® 13. THIS ORDER SUPERCEDES ® ANY PRIOR PFA ORDER AND O ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire in one year. NOTICE TO DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF DP TO SIX MONTHS. 23 PA.C.S. 56114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 52265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. SS 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 56113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, Wesley Oe, Jr.', Judge V' If entered pursuant to the consent of Plaintiff and Defendant: IL"IPA Linda K. M Donald Gregor} E. ;eck Plaintiff Pro Se Defendant .-14 Philip AC. Brig ti, Joan Carey, and Andrea Le Attorneys for Plaintiff 8 Irvine Row Carlisle, PA 17013 (•1 I 1 LJ _ CJ 1.) u a E 41 C O U LL a H OZ (n Q m C W CO) m O ¢? ZZ U QD Q OW 0a Z a ? u VU > OZ ° w W FccZZ?} Z ti . co Y C N M O 5 z LL a DU C •rl u m C ~ OQ= Z W Q? = C > ?L C U -H N m ¢a ~ O=g ca xti- a l L DUJ U¢ W W m Dew a.A m = WLLWJ O U Z O = F- o b ou rn c, Q LL U z 00 cm 0 a c? C, c? LINDA K. McDONALD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-3839 CIVIL TERM GREGORY E. KECK, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this i 5 day of February, 2000 this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, GREGORY E. KECK. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, 14 4/ J. esley Olcr Jf_?- Jonathan R. Birbeck Chief Deputy District Attorney Cop/ £z GREGORY E. KECK ?l LINDA K. McDONALD, : IN THE COURT OF COMMON PLEASOF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :99-3839 CIVIL GREGORY E. KECK, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. § 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. § 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, Jonathan R. Birbeck Chief Deputy District Attorney COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRIMINAL COMPLAINT AND' M MLN PROBABLE CAUSE AFFIDAVIT ap. O.: 09201 DJ Name: Her, PAULA P CORREAL COMMONWEALTH OF PENNSYLVANIA Afton: 1 COURTHOUSE SQ DEFENDANT: VS. TelapnaM: CARLISLE PA 17013 717 240 6565 NMAE eno ADDRESS GREGORY EARL KECK AKA: 103 N EAST ST APT 3 CARLISLE PA 17013 0000 00 GREGORY KECK EARL KECK Docket No.: Dale Filed: OTN: Rpblretbn Number Annual S,.mer Number OLN Numeer SID NLwbw I IOHRQ754051 Compwlnl Nonber Complaint Number M omer Peniepanls IMidanl Number UCR Number I 120000200414 CAR 1642 R.S.A.: WM 39 ORI NO.: PA0210200 D.O.B.: 01 10 1961 S.S.#: 210 52 8621 District Attorney's Office _ Approved -Disapproved because: (The District Attorney may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing. Pa.R.Cr.P. 107.) When the arrant is not a police officer as defined In Rule 51(C) and the offense(s) charged Include(s) a misdemeanor or felony which does not Involve a clear and present danger to any person or the community, the complaint shall be submitted to the attorney for the Commonwealth, who shall approve or disapprove without unreasonable delay). (luue Dele) I, (NemeolAlilent) PO ADOLPHO T HEREDIA BADGE 23 of CARLISLE PD residing at 53 WEST SOUTH ST CARLISLE PA 17013 do hereby state: (check appropriate area) 1. % I accuse the above named defendant, who lives at the address set forth above or, - I accuse an individual whose name is unknown to me but who is described as _ I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with gip?tip MVS?Al q1 hP_R?ealth of Pennsylvania at: CARLISLE CUMBERLAND (PWe POMr lsubdi lon in (County) on or abo t 02 11 2000 0225 HRS TJ 02 11 2000 0225 HRS Participants were: (if there were participants place their names here, repeating name of above defendant) 2. The acts committed by the accused were: (Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither the evidence nor the statute allegedly violated need be cited, nor shall a citation of the statute allegedly violated, by Itself, be sufficient. In a summary case, set forth a citation of the specific section and subsection of the statute or ordinance allegedly violated). ** INDIRECT CRIMINAL CONTEMPT - CSA1990 CTS 1 THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER NUMBER 99-3839 THE ORDER WAS SIGNED BY THE HONORABLE J WESLEY OLER JR. THE ORDER WAS DATED 06/30/99 Copy: Distdct Justice Delendanl Rolurn of Service Police 4/97wp CRIMINAL COMPLAINTAND Page 2 PROBABLE CAUSE AFFIDAVIT Defendant Name:GREGORY EARL KECK Docket Number: INCIDENT NO: 20000200414 CAR THE ACTOR VIOLATED THE ORDER BY ASSAULTING LINDA KAY MCDONALD IN THAT HE DID PUNCH HER IN THE FACE, GRABBED HER BY THE THROAT AND RIPPED HER NIGHTGOWN OFF. THIS BEING IN VIOLATION OF PART (1 OF THE PROTECTION FROM ABUSE ORDER. ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY, OR IN VIOLATION OF 6113 A OF THE ACT OF 23 OR THE ORDINANCE OF 3. 1 ask that warran of arrest or asvo?DSbe issued and that the accused be required to answer the charges I have made. n order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. I certify the complaint has been properly completed and verified, and that there is probable cause for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. 4904) relating to unsworn falsificatiot? ut?fb?-i = Date: AND NOW, on this date, I ce(fy the complaint has been properly completed and verified, and that there is probable cause for issuance of process. patwr utrnn uu+q mY (SEAL) CARLISLE PD PROBABLE CAUSE AFFIDAVIT INCIDENT NUMBER: 20000200414 CAR DATE: 02/11/2000 OTN: PG 1 CHARGE(S): #CTS 23 6113 A INDIRECT CRIMINAL CONTEMPT - CSA1990 1 COMMONWEALTH VS GREGORY EARL KECK INFORMATION: GREGORY EARL KECK DID VIOLATE THE PROTECTION FROM ABUSE ORDER WHEREBY HE ENGAGED IN PHYSICAL CONTACT WITH LINDA KAY MCDONALD IN THAT HE DID PUNCH HER IN THE FACE CAUSING INJURIES TO HER LEFT EYE, GRABBED HER BY THE ARMS CAUSING BRUISES TO BOTH HER UPPER RIGHT AND LEFT ARMS AND DID RIP HER NIGHTGOWN FROM HER BODY WHILE THREATENING TO KILL HER. I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED TO ANSWER THE CHARGE(S) I HAVE MADE IN THE ABOVE AFFIDAVIT. I SWEAR TO, OR AFFIRM, THE WITHIN AFFIDAVIT UPON MY KNOWLEDGE, INFORMATION AND BELIEF, AND SIGN IT ON 20 BEFORE WHOSE OFFIX)lt-THAT,;F' n SIGNATURE & SEAL OF DISTRICT JUSTICE 2 COPIES - DISTRICT JUSTICE 1 COPY - BUREAU OF POLICE METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PAGE: 2 02/11/00 ATH1 CAR3 INC#: CAR 20000200414 DT,TM: 2000 02 11 0225 ----------------------------------------------------------------------------- REPORT NO : 02 IC INITIAL CRIME STATUS: O ------------------------------------------------------------------------------ LOC, GRID: N HANOVER ST 00851 12 CARLISLE PA 0200 REPORT OFF: 23 ADOLPHO T HEREDIA 02/11/00 0404 PLAT: SECT: P VEH INFO: N INS,OUT: I LIGHT: F WEATHER: C TEMP: 999 F ASSIGN OFF: 00/00/00 DUE: APPROV OFF: 00/00/00 CV HANDBK: N PCCD V/W FORM: N DOM RELAT FORM: Y EXT SIGNED DOC: Y SEC SURVEY: N DEFERR PROSECUT: N STMT / CONFESS: N ARREST(S): Y FURTHER ARRESTS: N GRIM SUMMONS: N WARRANT: Y REC FOLLOW UP: Y REC ASSIGN TO: P ON 02/11/00 AT APPROX. 0225 HOURS I RESPONDED TO THE HARVON MOTEL WITH THE REPORT OF A FIGHT. UPON ARRIVAL I MET WITH MS. MCDONALD AND MR. KECK. KECK WAS IN A HIGHLY AGITATED STATE AND HAD TO BE REMOVED FROM THE ROOM, (12). WHEN MEETING WITH MS. MCDONALD I IMMEDIATELY NOTICED HER FACE WAS RED AND SHE HAD A LARGE SWOLLEN DISCOLORATION ABOVE HER LEFT EYE. OFFICER COHICK WHO WAS ALSO PRESENT AT THE SCENE MADE CONTACT WITH MCDONALD AND ATTEMPTED TO CALM HER DOWN. OFFICER COHICK INDICATED TO ME A SHORT TIME LATER THAT KECK WAS RESPONSIBLE FOR THE INJURIES TO MS. MCDONALD'S FACE. AT THIS TIME MR. KECK WAS TAKEN INTO CUSTODY AND TRANSPORTED TO THE CARLISLE BOOKING CENTER. X IT SHOULD BE NOTED THAT KECK MADE THE STATEMENT THAT HE HAD BEEN ASSAULTED ALSO AND MADE REFERRENCE TO A BLACK T-SHIRT HE WAS CARRYING IN THE FRONT LEFT POCKET OF HIS BLUE JEANS. KECK BECAME UNCOOPERATIVE AND UNRESPONSIVE FROM THIS POINT ON. X MCDONALD STATED THAT THE PROBLEM STARTED AFTER HER FRIEND LEFT THE ROOM TO RETIRE FOR THE EVENING. MCDONALD STATED THAT SHE LAID IN BED TO GO TO SLEEP WHEN KECK STATED WHY COULN'T YOU LAY DOWN BEFORE SHE LEFT? MCDONALD STATED SHE SAID BECAUSE I DIDN'T WANT TO BE RUDE. X MCDONALD STATED KECK THEN SAID " I DON'T KNOW WHY EVERYBODY KNOWS HOW YOU ARE REALLY LIKE". MCDONALD THEN STATED KECK THREW A GLASS OF BOURBON ON HER. MCDONALD STATED " KECK SAID I SUGGEST YOU LAY DOWN AND SHUT UP WHETHER THAT BLANKET IS WET OR NOT, OR THINGS ARE GOING TO GET WORSE". MCDONALD STATED " I'M NOT GOING TO LET YOU DO TO ME WHAT YOU DID TO YOUR EX-WIFE. X MCDONALD STATED THAT IS WHEN KECK CAME AT HER AND PUSHED HER DOWN ON THE BED AND CAUSED THE BRUISES TO BOTH HER RIGHT AND LEFT ARMS. MCDONALD STATED THAT KECK THEN GRABBED HER NIGHTGOWN NEAR HER CHEST AND RIPPED IT OFF AND THREW IT AWAY. X MCDONALD STATED SHE WAS ABLE TO STRUGGLE UP AT THIS POINT AND REACHED FOR THE PHONE BUT KECK PULLED IT OUT OF HER HAND AND RIPPED IT FORM THE RECEIVER. MCDONALD STATED KECK THEN GRABBED HER AGAIN BY THE HAIR AND THREW HER DOWN, JUMPED ON TOP OF HER AND PINNED HER DOWN. MCDONALD STATED KECK THEN STARTED YELLING AT HER " WHY ARE YOU DOING THIS I LOVE YOU". MCDONALD STATED SHE WAS ABLE TO STRUGGLE AWAY AND TRIED TO SIT DOWN AT WHICH TIME KECK CAME AT HER AND PUNCHED HER IN THE FACE METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PAGE: 3 02/11/00 ATH1 CAR3 INC#: CAR 20000200414 DT,TM: 2000 02 11 0225 ------------------------------------------------------------------------------ REPORT NO : 02 IC INITIAL CRIME STATUS: 0 ------------------------------------------------------------------------------ CAUSING HER TO FALL BACK AND BREAK A SMALL LAMP TABLE NEAR THE BED. MCDONALD STATED THAT WHEN KECK DID THIS HE WAS YELLING THIS IS IT YOU AREN'T GETTING OUT OF HERE TONIGHT " I'LL KILL YOU". K MCDONALD STATED THAT IS WHEN THE NEIGHBOR ARRIVED AND KNOCKED ON THE DOOR AND KECK STARTED YELLING WAIT A MINUTE, CHANGED HIS SHIRT AND SAID "THIS IS EVIDENCE YOU ARE GOING TO JAIL". MCDONALD STATED THE NEIGHBOR WALKED IN AND SAID GET OUT OF HERE I'M CALLING THE POLICE. AT THIS POINT OFFICERS ARRIVED ON THE SCENE. X I HAVE PHOTOGRAPHED THE INJURIES ON MS. MCDONALDS FACE AND ARMS AND WAS ABLE TO RETRIEVE THE TORN NIGHTGOWN TOP. THESE WILL BE PROCESSED AS EVIDENCE AND KEPT WITH THIS CASE. A WRITTEN STATEMENT PROVIDED BY MCDONALD WILL ALSO BE KEPT WITH THIS CASE. MCDONALD REFUSED TO GO TO THE HOSPITAL TO BE TREATED. ------------------------------------------------------------------------------ LINDA KAY MCDONALD RSA: WF 47 ------------------------------------------------------------------------------ VICT REPT-BY CDS: 4 7 15 DJ,CRT APPEAR: 2 DOB: 520425 SS#: 198448295 RESIDENT STATUS: R HISP: N CUBN: N ADDR: 851 N. HANOVER ST APT#12 CARLISLE PA 17013 PHONE: 717 243 3113 EMPL: UNK OCCUP: ADDR: 00000 WRK HRS: PHONE: 717 000 0000 OLN: 17058578 PA WANT CHK: VICTIM - CO-OP: Y TYP-INJ: M COND: F MED AID: N TAKEN TO: NOT TAKEN NOTIFIED KIN: N, COR: N, DA: N COMM: BRUISED EYE,RT ARM,LT ARM. Linda McDonald, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 99-3839 CIVIL TERM Gregory E. Keck, Defendant PROTECTION FROM ABUSE t+ ORDER AND NOW, thisZ day of November, 1999, upon consideration of the within Petition, the portions of the Protection Order, dated June 30, 1999, which prohibited the defendant, Gregory E. Keck, from having any direct or indirect contact with the plaintiff, including but not limited to, telephone and written communications, are vacated. In all other respects the Protection Order entered June 30, 1999 remains in effect. By the Court, Joan Carey Attorney for Plaintiff Ier Vesley O , J ., Judge CUMBERLAND COUNTY, PENNSYLVANIA Linda McDonald, Gregory E. Keck, Plaintiff V. CIVIL ArTION - LAW NO. 99-3839 CIVIL TERM Defendant PROTECTION FROM ABUSE IN THE COURT OF COMMON PLEAS OF PETITION FOR MODIFICATION The plaintiff, Linda McDonald, by and through her attorney, Joan Carey, of LEGAL SERVICES, INC. represents the following: The plaintiff, Linda McDonald, and the defendant, Gregory E. Keck, are in the process of reconciling their differences. 2. The plaintiff desires that the defendant no longer be prohibited from having any direct or indirect contact with the plaintiff, including but not limited to, telephone and written communications. 3. The plaintiff desires that all other provisions of the Protection Order dated June 30, 1999, remain in effect. WHEREFORE, the plaintiff requests that the Protection Order ofJune 30,1999, be modified to reflect the above terms. Respectfully submitted, ey oan C ?arey y Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 r Verification The above-named plaintiff, Linda McDonald, verifies that the statements made in the above Petition-are true andcorrect. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date:g Linda McDonald, laintiff Linda K. McDonald, Plaintiff VS. Gregory E. Keck, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 3839 CIVIL TERM :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Linda K. McDonald Defendants Date of Birth: 1/10/61 Defendant Is Social Security Number: Unknown to Plaintiff Name of Protected Person including Plaintiff: Linda K. McDonald AND NOW, this 30I? day of \Sktnc- 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADI7UDGED, and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegations made in the Petition. ? Plaintiff Is request for a Final Protection Order is denied OR ®PlaintiffIs request for a Final Protection Order is granted. ® 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. ? 2. Defendant is completely evicted and excluded from the residence at *(NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ? On (Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other per;.onal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ® 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiffs place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order: Plaintiff's residence located at 103 North East Street, Apartment #3, Carlisle, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish- 04. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. ? 5. Custody of the minor children, (names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any](or see attached Custody Order) ? 6. Defendant shall immediately turn over to the Sheriffts Office, or to a local law enforcement agency for delivery to the Sheriffs office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: ? 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary order shall not be returned until further order of Court. ® S. The following additional relief is granted as authorized by 56108 of this Act: a. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. C. Defendant is enjoined from harassing Plaintiff's relatives. d. The court costs and fees are waived. ? 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This order for support shall remain in effect until a final support order is entered by this Court. However, this order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect Defendants correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiffs out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ? 12. BRADY INDICATOR 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2.11 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR ? The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. ® 13. THIS ORDER SUPERCEDES ® ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire in one year. NOTICE TO DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 66114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 62265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. S6 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. 6922(0), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 66113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, J.'Wesley 0 e , Jr., udge If entered pursuant to the consent of Plaintiff and Defendant: ?nnr1 dri??C ? .hnm ? Linda K. M Donald Gregor E. (eck Plaintiff / Pro Se Defendant e P ilip C. Brig trig Joan Carey, and Andrea Le Attorneys for Plaintiff 8 Irvine Row Carlisle, PA 17013 Comm. tgorI FN Urwi us. KedK LINDA K. McDONALD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 99-3839 CIVIL TERM GREGORY E. KECK, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: DEFENDANT FOUND GUILTY ORDER OF COURT AND NOW, this 23rd day of February, 2000, upon consideration of the complaint for Indirect Criminal Contempt filed in the above-captioned matter, and following a trial before the Court, the Court finds the Defendant guilty of Indirect Criminal Contempt for violation of a Protection from Abuse Order entered by the Court. By the Court, dzo 6 - 9/7 / . J Wesley 0 TIF1 Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Timothy L. Clawges, Esquire Assistant Public Defender Probation Sheriff Victim - Witness CCP :srs 041 LINDA K. McDONALD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 99-3839 CIVIL TERM GREGORY E. KECK, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: SENTENCING ORDER OF COURT AND NOW, this 23rd day February, 2000, the Defendant, Gregory E. Keck, now appearing in court with the Public Defender, Timothy L. Clawges, Esquire, and having been found guilty earlier on this date of Indirect Criminal Contempt for violation of a Protection From Abuse Order, the sentence of the Court is that the Defendant pay the costs of prosecution and any other fees required under the Protection from Abuse Act, and that he undergo imprisonment in the Cumberland County Prison for a period of one month, said sentence to date from today. The Cumberland County Prison is directed to provide, to the extent it is able to do so, alcohol counseling for the Defendant, as well as a lethality assessment, said assessment to be conditioned upon the Commonwealth's withdrawal of separate criminal charges relating to the incident involved in this case. In the event that said charges are not withdrawn, the lethality assessment shall not be required. The Protection from Abuse order in this case is amended to provide, in addition to its other terms, that the Defendant shall have no contact, direct or indirect, with the victim in this case, Linda K. McDonald. The Defendant is directed to effect the return of the key to Harvon Motel Room No. 12, which room is occupied by the Plaintiff/victim in this case. By the Court, ?-' 221 J. ealey O Jr., fy-I Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Timothy L. Clawges, Esquire Assistant Public Defender Probation Sheriff Victim - Witness CCP :srs a By the Court, J. esley 0 Jr., Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Timothy L. Clawges, Esquire Assistant Public Defender Probation Sheriff Victim - Witness CCP :srs 07/01/99 TRU 10:02 PAX 717 240 9573 rnun m unnw uaa a yy 001 i#YixYixYY#xYiif Yi#xY ssi TX REPORT xxx 't iYxi#YiiYix#YYii$Yii TRANSMISSION OK TX/RX NO 1321 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 07/01 09:58 USAGE T 03'58 PGS. 8 RESULT OK 77