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HomeMy WebLinkAbout99-03941¦ i i a C1 I ? a 1 Vicki L. Kunkel, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 99 -,39,<11 CIVIL TERM John C. Kunkel, Defendant :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BERN 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 Order may be entered against you and a FINAL you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. h ar ng on this matter is scheduled for the ? day of 1999' at _2 •- ?0 om., in courtroom No.? of tl. C erland County Courthouse, CaAisle, 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. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimea Code. Under federal law, 18 U.S.C. 52265, 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. 52261-2262. 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 NUMSERt (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americana 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. Vicki L. Kunkel :THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. :NO. 99 - CIVIL TERM John C. Kunkel, Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: John C. Kunkel Defendant's Date of Birth: 7/20/55 Defendant's Social Security Number: 199-36-6817 Name of Protected Pe Vicki L. Kunkel AND NOW, this day of June, 1999, upon consideration of the attached Petit on 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 141 Allendale Way, Camp Hill, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties; 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. 03. 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 141 Allendale Way, Camp Hill, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties; and any other residence Plaintiff may establish. ?ti? ® 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. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Enjoin Defendant from harassing Plaintiff's relatives. ® S. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Lower Allen Township 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. 56114. 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. 56113. 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. 55 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, Andrea Levy, and Joan Carey Attorneys for Plaintiff BY THE COURT, Vick1 1,. Kunk.•I, IN THE COURT OF COMMON 11 la1.ntill :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99 - 3 9Y/ CIVIL TERM John C. Kunkel , Defendant :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Pl+iintAIf Is, name is Vicki L. Kunkel. 2. The name of the person who seeks protection from abuse is Vicki L. Kunkel. 3. Plai.nti-ff's address is 141 Allendale Way, Camp Hill, Pennsylvania. 4. Defendant is believed to live at 537 Bridgewater Road, Lemoyne, Pennsylvania, 17043. Defendant's Social Security Number is 199-36-6817. Defendant's date of birth is 7/20/55. Defendant's place of employment is Highmark,1800 Center Street, Camp Hill, Pennsylvania, 17011. 5. Defendant is Plaintiff's husband. 6. The facts of the most recent incident of abuse are as follows: On or about June 18, 1999, Defendant grabbed Plaintiff by her arms, dragged her through the bedroom to the landing at the top of the stairs where she feared Defendant was going to push her down the stairs. Defendant dragged Plaintiff down the steps while he held her arms until they reached the front door causing bruises on both her arms. 7. Defendant has committed the following prior acts of abuse against Plaintiff: Since 1996, on different occasions, Defendant verbally abused Plaintiff, screamed at her to leave the residence, and confined her to different rooms causing her to fear for her safety. 8. The following police department in the area in which Plaintiff lives should be provided with a copy of the Protection Order: The Lower Allen Police Department. 9. There is an immediate and present danger of further abuse from the Defendant. 10. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 141 Allendale Way, Camp Hill, Pennsylvania, which is owned both parties. 11. Defendant owes a duty of support to 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. Evict and exclude Defendant 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, including, 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 temporary support for Plaintiff, including medical support and payment of the mortgage on the residence. F. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc. 's funding sources for the cost of litigation in this case, if this matter goes to a hearing. H. Order the following additional relief, not listed above: a. Enjoin Defendant from damaging or destroying anffproperty owned jointly by the parties or owned solely by Plainti. b. Enjoin Defendant from harassing Plaintiff's relatives. I. Grant such other relief as the court deems appropriate. J. 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, Philip . Brigan Joan Carey, and Brea Levy Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Dated: 6 ?K 9? 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: Vicki L. Kunkel a _YaJj1J C V `r ;n P Q3 r- i i SHERIFF'S RETURN - REGULAR CASE NO: 1999-03941 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KUNKEL VICKI L VS. KUNKEL JOHN C BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon KUNKEL JOHN -C the defendant, at 11:52 HOURS, on the 29th day of June 1999 at 537 BRIDGEVEIW DRIVE LEMOYNE, PA 17043 CUMBERLAND County, Pennsylvania, by handing to JOHN C. KUNKEL a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: So an pmx-s: Docketing 18.00 Service 9.92 Affidavit .00 ?y Surcharge 8.00 oc -K g e&= -06/30/1999 by ` . epu y ri Sworn and subscribed--to before me this 30 a day of L 19 A.D. ).ham,>, _ xfoz. . on ONrl. ; VIA 17019 '*nJPP9rt$Wr9 ,1717 Vicki L. Kunkel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-3941 CIVIL TERM John C. Kunkel, Defendant PROTECTION FROM ABUSE kda FOR CONTINUANCE AND NOW, this f July, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on July 7, 1999 by this Court's Order of June 28,1999, is hereby rescheduled for hearing on July 20, 1999, at 1:30 p m. in Courtroom No. 3 . The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. This order is entered with the agreement of both parties. This Order shall be docketed in the office of the Prothonotary and mailed to Defendant's attorney. A certified copy of this Order for Continuance shall be provided to the Lower Allen Police Department by the plaintiffs attomey. 4Ge U Hoffer, Pres ent Judge Joan Carey Attorney for Plaintiff k s Don Kissinger '71ulgri Attorney for Defendant - ? ?: Vicki L. Kunkel, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99- 3941 CIVIL TERM John C. Kunkel, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, by the through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: A Temporary Protection Order was issued by this Court on June 28, 1999, scheduling a hearing for July 7, 1999, at 3 :00 p.m. in Court room no. 3. 2. The Cumberland County Sheriffs Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on June 29 , 1999, at approximately 11:52 a.m. at 537 Bridgeview Avenue, Lemoyne, Pennsylvania. 3. The defendant has retained attorney Don Kissinger to represent him in the matter. 4. The parties by and through their counsel agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 5. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 6. A certified copy of the Order for Continuance will be delivered to the Lower Allen Police Department by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, Philip C. Brigartti, Joan Carey, and Andrea Levy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 - -, ? ;, : _ - _.. : If 1 017) 2434400 . Fez (7171.2438028 •` r` Were is (7171788"847@ " WPPembur9, (717) E3 OM Vicki L. Kunkel, Plaintiff V. John C. Kunkel, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.99-3941 CIVIL TERM PROTECTION FROM ABUSE RDER FOR CONTINUANCE AND NOW, thiAay of July, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on July 7, 1999 by this Court's Order of June 28,1999, is hereby rescheduled for hearing on August 17. 1999 at 3:30 p in. in Courtroom No. 3. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. Defendant's contact with Plaintiff shall be limited to the counseling sessions scheduled by Dr. Melvin Dowdy. The Cumberland County Sheriffs Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. A certified copy of this Order for Continuance shall be provided to the Lower Allen Township Police Department by the plaintiffs attorney. E. Hoffer, Pf esident Judge Joan Carey Attorney for Plaintiff Donald T. Kissinger Attorney for Defendant Vicki L. Kunkel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA John C. Kunkel, V. NO. 99- 3941 CIVIL TERM Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, by the through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on June 28, 1999, scheduling a hearing for July 7, 1999, at 3:30 p.m. 2. The Cumberland County Sheriffs Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on June 29 , 1999, at approximately 11:52 a.m. at 537 Bridgeview Avenue, Lemoyne, Pennsylvania. 3. Defendant retained Donald T. Kissinger to represent him, and the parties, by and through their counsel, agree that the hearing be rescheduled. 4. The parties agree to continue attending counseling sessions with Dr. Melvin Dowdy, and they further agree that Defendant's contact with Plaintiff between the parties will be limited to the scheduled counseling sessions. 5. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 6. A certified copy of the Order for Continuance will be delivered to the Lower Allen Township Police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, ?x (*Joan arey, Attorney f laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 v ? t.;a ' ?_' fll LIJ Vicki L. Kunkel, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 3941 CIVIL TERM John C. Kunkel, Defendant : PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 26" day of July, 1999, upon consideration of the attached Petition, the Temporary Protection Order in the above captioned case dated June 28, 1999, is hereby vacated. A certified copy of this Order will be provided to the Lower Allen Police Department by the plaintiffs attorney. Joan Carey Attorney for Plaintiff - pe se vSCy{e41 7/27/yq Donald Kissinger •-rv aS N???? 712i) Attorney for Defendant By the Court, ?i?, ,, ? .. : ?: r Vicki L. Kunkel, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - CIVIL TERM John C. Kunkel, Defendant : PROTECTION FROM ABUSE PETITION TO VACATE ORDER Plaintiff requests the Court vacate the Final Protection From Abuse Order in the above- captioned case on the grounds that: A Temporary Protection Order was issued by this Court on June 28, 1999, scheduling a hearing for July 7, 1999, at 3:00 p.m. 2. At this time Plaintiff requests that the Temporary Order entered on June 28, 1999, be vacated without prejudice. 3. A certified copy of this Order of Court will be provided to the Lower Allen Township Police Department by the attorney for Plaintiff. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order without prejudice. Respectfully submitted, Joan Carey, Attorney or 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. §9904, relating to unsworn falsification to authorities. Dated: 7 12ca/v „GcX_ Vicki L. Kunkel >_ ?,: ?? r `; ?:: ,.. i rr r_ _ ;Li .? r? ,? O VICKI L. KUNKEL, Plaintiff VS. John C. Kunkel, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 39y1 NO. 99 - 3845 CIVIL TERM PROTECTION FROM ABUSE ACCEPTANCE OF SERVICE I accept. Sr,c:.l, e of t.ht> Order cf continuance on behalf of John C. Kunkel and certify that I am authorized to do so. 77 Date Donald Kissinger Attorney at Law 130 Walnut Street Harrisburg. PA 17101 ' I 1 ri ii :1. I vl?cei as nmu laJeu rAA (it 9qu cola TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME. USAGE T PGS. RESULT GUX" UU PKUIKUMUTAKI SiiitttttiixiYifYff if sis TX REPORT xff YYYYYfffffif if YfiiffY 1378 07/28 14:58 02'08 5 OK 92490779 UU1