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HomeMy WebLinkAbout99-04371r aim raj Ifrl N 1 i J ¦; i f 1 L;. 1 1` Veronica Kline for herself, :IN THE COURT OF COMMON PLEAS and on behalf of minor children, Angela M. Kline, and Andrew P. Kline :OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. :NO. 99 - l37 I CIVIL TERM Gordon Kline, Defendant :PROTECTION FROM ABUSE AND CUSTODY 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 (..(Lc. , 1999, at ?1/ Dil '( .m., in Courtroom No. the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. §2261-2262. YOU SHOULD TAKE 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 Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Veronica Kline for herself, :IN THE COURT OF COMMON PLEAS and on behalf of minor children, : Angela M. Kline and Andrew P. Kline, Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. :NO. 99 - (/3 71 CIVIL TERM Gordon Kline, Defendant :PROTECTION FROM ABUSE AND :CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Gordon Kline Defendant's Date of Birth: 02/08/68 Defendant's Social Security Number: 177-64-2200 Names of all Protected Persons: Veronica Kline Angela Kline Andrew Kline AND NOW, this day of 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. Ll 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. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's school, business, or 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 , Cumberland County, Pennsylvania, a residence which is jointly owned/ 1 eased 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 Defendant, (and any other residence Plaintiff may establish), 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. ? 4. (Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order,) Defendant shall not contact Plaintiff by telephone c r 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 Sher if f's Office: Defendant is prohibited f rom 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 or the minor children. ? 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 Police Department and East Pennsboro 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. 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 Plaintiffs 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. BY THE COURT,r Judge Joan Carey, Philip C. Briganti, j Andrea Levy Attorneys for Plaintiff ...- ??-!'?•cr„t ?., ! ^: f 0 ?•.? ` L ;A?,1? Veronica Kline for herself, and on behalf of minor children, Angela M. Kline and Andrew P. Kline, Plaintiff VS. Gordon Kline, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - Ll 3 71 CIVIL TERM :PROTECTION FROM ABUSE AND :CUSTODY PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Veronica Kline. 2. This Petition is filed on behalf of Angela M. Kline (Date of Birth: 07/30/92) and Andrew P. Kline (Date of Birth: 11/26/93) who are Plaintiff s minor children. 3. The names of all the persons, who seek protection from abuse are Veronica Kline, Angela P. Kline (Date of Birth: 07/30/92), and Andrew P. Kline (Date of Birth: 11/26/93). 4. Plaintiff's address is 88 South St. Johns Street, Camp Hill, Cumberland County, Pennsylvania. 5. Defendant is believed to live at the following address: 88 South St. Johns Street, Camp Hill, Cumberland County, Pennsylvania. Defendant's Social Security Number is 177-64-2200. Defendant's date of birth is 02/08/68. Defendant's place of employment is Hess Trucking located in Harrisburg, Dauphin County, Pennsylvania and ABF Trucking, located on the Harrisburg Pike in Carlisle, Cumberland County, Pennsylvania. 6. Defendant is Plaintiff's spouse. 7. The facts of the most recent incident of abuse are as follows: In or around June 1999, Defendant punched the five-year old child in the buttocks. 8. Defendant has committed the following prior acts of abuse against Plaintiff or the minor children: a. In or around May 1999, Defendant grabbed Plaintiff, threw her down on the floor, and punched her one or two times on her upper arm, causing her to suffer bruises. b. In or around May 1999, Defendant kicked the five-year old child in the groin. c. In or around Winter 1999, Defendant smacked the six-year old on the head. d. On or about June 8, 1998, Defendant threatened Plaintiff by saying that "If you ever file for divorce, you have nothing but problems ahead of you. I'll shoot you down and I'll shoot your lawyer down, if causing her to fear for her life. e. On numerous occasions since January 1998, Defendant has abused Plaintiff and the minor children in ways including, but not limited to, the following: punched, pushed, and shoved the Plaintiff; thrown her to the floor; kicked their five year old son; punched and smacked both of their minor children; threatened to kill the Plaintiff if she ever leaves, causing her to fear for her life; threatened to shoot the Plaintiff and put her in the cemetery beside her brother, causing her to fear for her life; and threatened to bury her in the backyard, causing her to fear for her life. 9. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Lower Allen Township Police Department and East Pennsboro Police Department. 10. There is an immediate and present danger of further abuse from the Defendant. 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 and the minor children in any place where Plaintiff may be found. B. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00, in the event of hearing. C. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case, in the event of hearing. D. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. b. Defendant is to refrain from harassing Plaintiff's relatives or the minor children. E. Grant such other relief as the court deems appropriate. 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. Dated: / 4 _ Lff Respectfully submitted, 1 oan Carey, Philip C. Briganti, and Andrea Levy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 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: qq _26/LC-L"- , ??-U (J (J Veronica Kline, Plaintiff 7: u_1s - C11 C. U ,-I, i' f i ifp t i i ti Veronica Kline for herself, : IN THE COURT OF COMMON PLEAS and on behalf of the minor children, : Angela M. Kline, and Andrew P. Kline, : OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. Gordon Kline, : NO. 99- 4371 CIVIL TERM Defendant : PROTECTION FROM ABUSE AND CUSTODY ORDER OF COURT AND NOW, this ?b day of1999, upon consideration of the attached Petition, the Temporary Protection Order in the above captioned case dated July 19, 1999, is hereby vacated. A certified copy of this Order will be provided to the Pennsylvania State, Lower Allen, and East Pennsboro Police Departments by the plaintiff's attorney. By the Court, Edgar B. Bayley,. ud I Joan Carey Attorney for Plaintiff m 7/ab/9y Gordon Kline Pro Se Defendant CI ;S. ;i J 1? II1 I I'll Veronica Kline, for herself, and on behalf of the minor children, Angela M. Kline, and Andrew P. Kline, Plaintiff M THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Gordon Kline, Defendant NO. 99 - 4371 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY PETITION TO VACATE ORDER Plaintiff requests the Court vacate the Temporary Protection From Abuse Order in the above-captioned case on the grounds that: A Temporary Protection Order was issued by this Court on July 19 in 1999, scheduling a hearing for July 26, 1999, at 11:00 a.m. 2. At this time Plaintiff requests that the Temporary Order entered on July 26, 1999, be vacated without prejudice. A certified copy of this Order of Court will be provided to the Lower Allen, East Pennsboro, and Pennsylvania State 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, 1. c) Joan Carey, Attorney IlPlaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717)243-9400 VERIFICATION I verify that I am present action and that above Petition are true I understand that any f. penalties of 18 Pa.C.S. to authorities. the the and 31se § 4 Petitioner as designated in the facts and statements contained in the correct to the best of my knowledge. statements are made subject to the 304, relating to unsworn falsification Dated: LQu? 14Ij l?Y/VU-'1V" (J ' Veronica Kline, Plaintiff ?j) ?? (_ r' . .. ? ? ... , .... i ?? O f? _??. Ll. L.' . .. ; C_? ? `?? ?? ?? SHERIFF'S RETURN - REGULAR CASE NO: 1999-04371 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KLINE VERONICA ET AL VS. KLINE GORDON CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon KLINE GORDON the defendant, at 19:30 HOURS, on the 22nd day of July 1999 at _ 88 SOUTH SAINT JOHNS ROAD CAMP HILL PA 17011 CUMBERLAND County, Pennsylvania, by handing to GORDON KLINE a true and attested copy of the PROTECTION FROM ABUSE together with AND CUSTODY, NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs. Docketing Service Affidavit Surcharge So answer 18.00 8.06 i/ . .00 8.00 Rilomas ine, e i $3T--O-U- 07/23/1999 by Sworn and subscribe to before me this 1q,-w day of 1999 A.D. Yro ry P y era.