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HomeMy WebLinkAbout99-04995 IL IL `it S h N Q .?u a'. n'4 rl n Yet. ?ltif' Terr+? Tina M. Garabrandt : IN THE COURT OF COMMON Plaintiff : PLEAS : YORK COUNTY, :PENNSYLVANIA V. Keith A. Garabrandt . No 9/ S 3 f?a?/ '?a Defendant y : CIVIL ACTION - LAW PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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. Any protection order granted by a court may be considered in any subsequent proceedings under Title 23 of the Pennsylvania Statutes. Child custody is one of the proceedings where prior protection orders may be considered. 23 Pa.C.S. 6107(a). A hearing on the matter is scheduled for the 23rd Day of August, 1999 at 1:30PM, in Courtroom 11 at York County Courthouse Courthouse, 28 East Market Street York, Pennsylvania 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. Under federal law, 18. U.S.C. §2265, this Order is enforceable anywhere in the United States. If you travel outside if 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. §2262. Violation of this Order may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. In addition, if you are subject to a FINAL PROTECTION ORDER, you may be pro hibited from possessing, transporting, or accepting a firearm under the 1994 Amendment to the feder il aim Control c4 18 U.S.C. §922(d) and (g). 0 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HA* THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE REARINJ& THE _ COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF +GT-" DEV _ NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEL z THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN L EGAL HELP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE T!, . PROCEED WITHOUT ONE. County Lawyer Referral Service co { Lawyer Referral Service of York 137 East Market Street York, PA 17401 717-854-8755 PFAD Number: NW 1027497H Tina M. Garabrandt Plaintiff V. Keith A. Garabrandt Defendant : IN THE COURT OF COMMON :PLEAS : YORK COUNTY, :PENNSYLVANIA 7Za 99'- q995" ur No. 03829 CIVIL ACTION - LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Tina M. Garabrandt 2. I, (the Plaintiff), am filing this Petition on behalf of - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Tina M. Garabrandt 4. Plaintiffs address is confidential -^ T 5. Defendant's Name is: Keith A. Garabrandt m J ` 6. Defendant is believed to live at the following address: 985 River Road York Haven, PA 17370 rn = C2 < 7. Defendant's Social Security Number is: 294-54-2321 8. Defendant's Date of Birth is: June 21, 1952 9. Defendant's Place of employment is: Disabled 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse 12. The defendant has not been involved in a criminal court action. 13. Plaintiff and Defendant are the parents of the following minor child/ren: a. Crystal L. Beck Age:10 years Child's address is: Confidential b. Brian K Beck Age: 13 years Child's address is: Confidential 14. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. Crystal L. Beck For the past 5 years, this child has lived with: with Pltf & Deft, b. Brian K Beck For the past 5 years, this child has lived with: with Pltf & Deft 15. The facts of the most recent incident of abuse are as follows: On about Thursday, August 12, 1999 at approximately 3:OOPM location: 985 River Rd. York Haven, PA On this day, he was so mean to me and my son with his words, he called me his favorite words because I started a new job. He was yelling at me all day about being a whore and a slut and now that I got a job, he was scared he was going to get AIDS from me. He threatened to kill me several times that day. So I was going to go to work, but I didn't, it was the best time for me to get away from him. Now he's going around to my family saying, if he finds me, he's going to kill me. 16. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: My son didn't want to cut the grass for Defendant, so he asked me to, I was going to, but he started to say my son was worthless. It ended up that we got into a big fight and he junped across the seat, over my daughter and had both hands on my throat. I could not breathe, so I opened the truck door and fell out. He came out of truck, was beating me In the face. I had blood all over me, the ground, and the truck. He was saying he was going to kill me. He was fighting with me every week, when I worked outside of home. He said I was a whore and a slut all the time. I know he said he was going to kill me at least once a day. He would beat me good, maybe once a moth. I can't count how many times he beat me. 17. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Newberry Township 18. There is an immediate and present danger of further abuse from the Defendant. 19. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: Confidential 20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant f -om abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: No contact d. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. f. Order Defendant to pay the costs of this action, including filing and service fees. g. Grant such other relief as the court deems appropriate. h. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. VERIFICATION I verify that I am the petitioner as designated in the present action and that the facts and statements contained in the above Petition are hue 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 unswom falsification to authorities Signature 8'1/619? Date Tina M. Garabrandt Plamh V. Keith A. Garabrandt Defendant : IN THE COURT OF COMMON :PLEAS : YORK COUNTY, :PENNSYLVANIA c No. q?i- 3g aq r a CTVII, ACTION - LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER 0 Defendant's Name is: Keith A. Garabrandt rte. Defendant's Date of Birth is: June 21, 1952 Defendant's Social Security Number is: 294-542321 Name(s) of All protected persons, including Plaintiff and minor children: 1. Tina M. Garabrandt AND NOW, on 16th Day of August, 1999 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following 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 shall be evicted and excluded from the residence at: Confidential 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 Plaintiffs school, business, or place of employment. 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 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: I . Crystal L. Beck 2. Brian R. Beck Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: No contact 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 the Plaintiff in accordance with the terms of this Order. 6. The following additional relief is granted: - Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. 7. A certified copy of this Order shall be provided to the police department when; Plaintiff resides and any other agency specified hereafter: Newberry Township 8. The police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. 9. THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTII, MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE 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 the 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. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates paragraphs I through S 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 Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. l BY THE COURT: CERTIFIED FROM THE RECORDS OF THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA THIS lZe. DAY OF (1999 STACIA N. PROTHONOTARY e C/ c enn ? $e Ste G wn M O¢7 `.L O u ? Z , BLS: C7 _ Z ?1Z 1- at CJ m U