HomeMy WebLinkAbout99-04596CAI
-.
1
'.: ?
:? V
?`AA
V _
1'?H
3
fri
??"
r.?p:
"j
?'?
:z
5:
1..
.:
i:'hi
ffY^
z
k
g'`s
%i:v
'S'it
ri$
'._yl;
r,
r i
a,
:1
s;'1k
r;:F>.
-+f
.?.t
>,:`%?
+'r
tf
l ?i
r''<?'i
:NO. 99 - '459& CIVIL TERM
David Keiser,
Defendant :PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following papers, you must appear at the hearing scheduled
herein. If you fail to do so, the case may proceed against you and a FINAL
Order may be entered against you granting the relief requested in the
Petition. In particular, you may be evicted from your residence and lose
other important rights.
A hearing on this matter is scheduled for the •-y?d day of
1999, at '?J •_3,9 m., in Courtroom No. S of the Cumberland Co my
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. 56114. Violation
may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes 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 NUMBER: (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990 i
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 j
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.
Jo Ellen Keiser,
PLAINTIFF
David K. Keiser,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - CIVIL TERM
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: David K. Keiser
Defendant's Date of Birth: 12/16/54
Defendant's Social Security Number: 182-46-2139
Name of Protected Person: Jo Ellen Keiser
AND NOW, this 3o day of July, 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.
e from Pla at .i?
a _
g.
er
® 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.
® 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.
® S. A certified copy of this Order shall be provided to the
police department where Plaintiff resides and any other agency
specified hereafter: Mechanicsburg 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. SS 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.
BY T ,
(FOi G?0 LGB L - f/OFFER Judge
Joan Carey
Attorney for Plaintiff
? ? ?? ? ? .?
l.? 1i
???
?ir?d £ ?N.ctSuJ? -fib ??
Jo Ellen Keiser,
Plaintiff
VS.
David Keiser
Defendant
:IN THE COURT OL COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - x/59& CIVIL TERM
:PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is Jo Ellen Keiser.
2. The name of the person, who seeks protection from abuse is
Jo Ellen Keiser.
3. Plaintiff's address is 4612 Harwich Road, Harrisburg,
Pennsylvania.
4. Defendant is believed to live at 1217 Gross Drive,
Mechanicsburg, Pennsylvania.
Defendant's Social Security Number is 182-46-2139.
Defendant's date of birth is 2/16/54.
Defendant's place of employment is Taylor-Wharton, Herr
Street, Harrisburg, Pennsylvania.
5. Defendant is Plaintiff's husband.
6. Defendant has been involved in the following criminal
court action: In the past, Defendant has had charges of simple
assault, aggravated assault and reckless endangerment to another
person.
7. The facts of the most recent incident of abuse are as
follows:
On or about July 22, 1999, Defendant became angry,
slapped Plaintiff across the face, threatened to kill
Plaintiff, one of her family members, and then himself.
8. Defendant has committed the following prior acts of abuse
against Plaintiff:
a. On or about July 23, 1999, Defendant threatened to
kick Plaintiff's dogs. In fear for their safety,
Plaintiff had her sister remove them from the
residence. When Defendant returned home and found that
the dogs were gone, he became angry, threw a container
of food across the kitchen and ripped the phone off of
the wall causing Plaintiff to fear for her safety.
Defendant went to the garage, got a sledge hammer, and
raised it over Plaintiff's vehicle as if he was going
to hit her car, exacerbating her fear. Plaintiff left
the residence and returned later to find she had been
locked out.
b. In or about February 1998, Defendant became angry and
punched Plaintiff in the cheek with a closed fist causing
swelling, a black eye, and a cut lip.
9. The following police department in the area in which
Plaintiff lives should be provided with a copy of the Protection
Order: Mechanicsburg Police Department.
10. There is an immediate and present danger of further abuse
from the Defendant.
11. Plaintiff is asking the Court to evict and exclude
Defendant from the residence at 1217 Gross Drive, Mechanicsburg,
which is owned 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 or 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 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. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
Jo. Defendant is to refrain from harassing Plaintiff's
relatives.
H. Grant such other relief as the court deems appropriate.
1. 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,
'I
i, -tc? ELLS e.?.
Joan Carey
Attorney for laintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
Dated: 7 -22-22 (717) 243-9400
o-
.? N
A
V
L _
i
r
J I
!J
VERIFICATION
I verify that I am the Plaintiff as designated in the present
action and that the facts and statements contained in the above
Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the
Penalties of 18 Pa.C.S. §4904, relating to unsworn falsification
to authorities.
Dated:
LJo Ellen Keiser
Plaintiff
V.
David K. Keiser,
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 4596 CIVIL TERM
Defendant : PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this(! day of August, 1999, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on August 3, 1999 by this Court's Order of July
30,1999, is hereby rescheduled for hearing on August 31,1999, at 3:00 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.
The Cumberland County Sheriffs Department shall attempt to make service at the
plaintiffs 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 the defendant by
mail.
A certified copy of this Order for Continuance shall be provided to the Mechanicsburg
Police Department by the plaintiffs attorney.
Joan Carey
Attorney for Plaintiff
`C I I£ S t ek-Sc4i z ( (X`_ )VLJ
-..;i
`.. f i" .. i .... ??. n
Jo Ellen Keiser IN THE COURT OF COMMON PLEAS OF
Plaintiff
David K. Keiser,
V.
Defendant : PROTECTION FROM ABUSE
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 4596 CIVIL TERM
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 July 30, 1999,
scheduling a hearing for August 3, 1999, at 2:30 p.m.
2. The Cumberland County Sheriffs Department served the defendant with certified
copy of the Temporary Protection Order and Petition for Protection Order on July 30 , 1999, at
approximately 5:48 p.m. at 1217 Gross Drive, Mechanicsburg, Pennsylvania.
3. The parties agree that the hearing be rescheduled to afford them time to execute a
Consent Agreement.
4. The plaintiff requests that the Temporary Protection Order remain in effect until
modified or terminated by the court after notice or hearing.
5. A certified copy of the Order for Continuance will be delivered to the
Mechanicsburg 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,
oan Car and
Philip C. Brigand
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
uo-mrren Keiser, :IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
:NO. 99 - 4596 CIVIL TERM
David Keiser,
Defendant :PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name: David K. Keiser
Defendant's Date of Birth: 12/16/54
Defendant's Social Security Number: 182-46-2139
Names of all Protected Persons: Jo Ellen Keiser
ORDERED, ADJDDOSD, and DECREED as follows:
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 allegation made in the
Petition.
jurisdiction ove the parties and the subject-matter, it is
AND NOW, Plaintiff is this represented day by of Andrea August, Levy 1999, of the LEGAL court having
? Plaintiff's request for a Final Protection order is denied OR
® Plaintiff fIs request for a Final Protection order is granted.
01. Defendant shall not abuse, stalk, harass, threaten
Plaintiff or any other protected person is any place where they
might be found.
® 2. Defendant is completely evicted and excluded from the
residence at 1217 Ciroae Drive, Mechanicsburg, PA, or any other
--?
r;
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.
® 3. 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 1217 dross Drive, Mechanicsburg, 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 Sheriffs
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.
® 8. The following additional relief is granted as authorized
by $6108 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 to refrain 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
Plaintiffs out-of-pocket losses, which are as follows:
OR
O 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.? 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.
3.11 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. 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(0), 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
alleged, Defendant shall be arraigned, bond
given notice of the date of the hearing.
BY
this Order are
set and both parties
E. Hoffet, President Judge
If entered pursuant to the consent of Plaintiff and Defendant:
416 Ellen Keiser
Plaintiff
David Keiser
Pro Se Defendant
Andrea Le
Attorney for Plaintiff
t
a
\ ? 1
A 1
Dp tic
?o Y ' a
cJ
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04596 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KEISER JO ELLEN
VS.
KEISER DAVID
DAVID E. MCKINNEY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FROM ABUSE was served
upon KEISER DAVID the
defendant, at 17:48 HOURS, on the 30th day of July
1999 at 1217 GROSS DRIVE
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to DAVID KEISER
a true and attested copy of the PROTECTION FROM ABUSE
together with 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: So answers:
Docketing 18.00
Affidavit 5..58
`/
Surcharge 8.00 l?j i riomam 'K 1 1_-ne-,
Sir-s8-08/02/1999
by ? e u ? erlff??
Sworn and subscribed to before me
this day of
19? A.D.
ocnonota