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HomeMy WebLinkAbout99-05868David E. Still, Plaintiff V. Pamela J. Killinger, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE NO. 99 - , p$ CIVIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Pamela J. Killinger Defendant's Date of Birth: April 12, 1965 Defendant's Social Security Number: 196-60-2720 Names of All Protected Persons, including Plaintiff and minor child/ren: David E. Still AND NOW, this d 3 d day of l4 4upon consideration of the attached Petition for Protection From Abuse, the court hereby enters the following Temporary Order: [x] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 02. Defendant is evicted and excluded from the residence at [address] 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. [x] 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to any contact at Plaintiff's residence or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: plaintiffs residence at 130 Regency Woods North, Carlisle, PA 17013 [x] 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons, except through his attorneys, The Family Law Clinic. 05. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the SFp 2 3 1999 David E. Still, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW V. : IN PROTECTION FROM ABUSE Pamela J. Killinger, O Q Defendant : NO. 99 5? 60 CIVIL TERM NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, 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 the matter is scheduled for the day of 19 n, at3l _?.m., in Courtroom at the Cumberland County Courthouse, 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 HELP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: 06. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for delivery to the Sheriff's office: 07. The following additional relief is granted: [x] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Middlesex Township Police Dept. [] 9. THIS ORDER SUPERSEDES [x ] ANY PRIOR PFA ORDER AND [ ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [x] 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 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 Ps.C.S § 6114. Consent of the Plaintiff to Defendant return to the residence shall not validate 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 plaintiff's residence OR any location where a violation of this order occurs OR where the 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. 47143li-7 Date RV TUP r nTTDT. FI dJTAQY 919 SFp 23 ppi 3: nG WEVivS7L4r VA NTY David E. Still, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW V. : IN PROTECTION FROM ABUSE Pamela J. Killinger, Defendant NO. 99 -5?[pg CIVIL TERM PETITION FOR PROTECTION FROM ABUSE Plaintiffs name is David E. Still. 2. I am filing this Petition on behalf of myself and no other person. 3. Plaintiffs address is: 130 Regency Woods North, Carlisle, PA 17013 4. Defendant is believed to live at the following address: 604 Copper Circle, Carlisle, PA 17013 Defendant's Social Security Number (if known) is: 196-60-2720 Defendant's date of birth is: April 12, 1965 Defendant's place of employment is: Dr. Bailey's office, Harrisburg, PA [] Check here if Defendant is 17 years old or younger. 5. Plaintiff and Defendant are former sexual/intimate partners who lived like spouses. 6. Plaintiff and Defendant have not been involved in any of the following court actions: Divorce, Custody Support, Protection From Abuse. 7. The police have filed a simple assault charge against Defendant, who is accused of assaulting Plaintiff. 8. Plaintiff and Defendant have no children in common. 9. Michael Still, age 12, Plaintiffs child from another relationship, lives with him. Plaintiff also has partial custody of David Still, age 15. 10. The most recent incident of abuse took place on or about September 7, 1999, at about 5:49 p.m at 130 Regency Woods North, Carlisle, PA. During an argument, defendant began to scream at plaintiff and threw clothes and various household items about the residence. Upon following plaintiff to the bedroom, defendant grabbed plaintiff by the neck in a choke hold as they were standing by the bed. The choke hold was effective in denying plaintiff air. As defendant was choking plaintiff, defendant thrust her knee into plaintiffs stomach area where he had undergone several operations causing plaintiff to fall onto the bed in substantial pain. Defendant, knowing plaintiff had undergone several operations in the abdominal area, attempted to cause bodily injury by thrusting her knee into plaintiffs abdominal area. Plaintiff managed to roll defendant off of him and proceeded to call the police. Defendant was arrested and charged with simple assault as a result of the incident. 11. The Defendant has committed the following prior acts of abuse against Plaintiff. On August 7, 1999, defendant jumped on top of plaintiff and straddled him as he was lying in bed. Defendant slapped the plaintiff twice in the face, and then thrust her knee into his abdominal area, causing substantial pain. Again, defendant knew of the operations plaintiff had undergone, and attempted to cause bodily injury when she thrust her knee into plaintiffs abdominal area. 12. No weapons were involved in the above abuse. 13. Identify the police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: Middlesex Township Police Department 14. There is an immediate and present danger of further abuse from the Defendant. 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 (CHECK ALL FORMS OF RELIEF REQUESTED): A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff. B. 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 Plaintiffs place of employment or residence. Defendant may, however, contact plaintiff through plaintiffs attorneys, the Family Law Clinic. C. Grant such relief as the court deems appropriate. D. 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 Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 Staff Attorney ROBERT E. RAINS Supervising Attorneys DONALD MARRITZ VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S § 4904, I verify that I am the Plaintiff 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, information and belief. 9 a3 q9 ?-? ?' .? Date Name a y r l ? M iA EZu, {'= d N uci 1 V c U SHERIFF'S RETURN - REGULAR CASE NO: 1999-05868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STILL DAVID E VS. KILLINGER PAMELA J 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 KILLINGER PAMELA J the defendant, at 18:25 HOURS, on the 23rd day of September 1999 at 65 N. MIDDLETON ROAD CARLISLE PA 17013 CUMBERLAND County, Pennsylvania, by handing to PAMELA J. KILLINGER 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 Her attention to the contents thereof. Sheriff's Costs: So answers: Dock vt 18.00 S rvice 3.10 Afidavi .00 Surcharge 8.00 R. om s i1 ne 5 erfiitr- -09/24/1999 by epu y SriYf Sworn and subscribed to before me this .t,.day of 19. 90 A.D. C- Paly- DAVID E. STILL, Plaintiff V. PAMELA J. KILLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PROTECTION FROM ABUSE NO. 99-5868 CIVIL TERM I, Kristen Goddard Donsen, Esquire, hereby certify that I did, the 22"d day of December, 1999, cause a copy of the Plaintiffs Petition to Vacate Order and Withdraw Action to be served upon the following by first class mail, postage pre-paid: Middlesex Township Police Department 350 North Middlesex Road Carlisle, PA 17013 DATE: a q C a?? Kristen Goddard Do en, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 38 North Main Street Chambersburg, PA 17201 (717) 267-1350 ,_ .. Ilse ??? ,,. ? . ? - . ?w ?? 4. r ] j l (_I' . :V ?i' N li ? L. ?.'?,•,? L?' ? G. `! 1 . l.) r, 1 Q1 Cl DAVID E. STILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW PROTECTION FROM ABUSE PAMELA J. KILLINGER, Defendant : NO. 99-5868 CIVIL TERM CERTIFICATE OF SERVICE I, Kristen Goddard Donsen, Esquire, hereby certify that I did, the 22nd day of December, 1999, cause a copy of the Plaintiff's Petition to Vacate Order and Withdraw Action to be served upon the following by first class mail, postage pre-paid: Pennsylvania State Police 1538 Commerce Avenue Carlisle, PA 17013 DATE: A` C@- OR Kristen Goddard Wnsen, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 38 North Main Street Chambersburg, PA 17201 (717) 267-1350 C, _ ?r . nt J C1, ' L. V ? :.l DANIEL E. STILL, Plaintiff V. PAMELA J. KILLINGER, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5868 CIVIL TERM ?{- ORDER OF COURT AND NOW, this 2j'3ay of November, 1999, upon consideration of the attached letter from Marcus A. McKnight, III, Esq., attorney for Defendant, a hearing is scheduled for Wednesday, December 22, 1999, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Michael B. Bogush, Certified Legal Intern Thomas M. Place, Esq. Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 For the Plaintiff Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant BY THE COURT, :rc Fil ? C FICF Y 99 P'01; 29 ?« 3 55 Caw pF?;i?SYL1'i•,bH 09/23/99 THU 14:21 FAA 717 Ten 1111 nn .ter, i -llVlflRl sss TX REPORT sfs 4 001 TRANSMISSION OK TX/RX NO 1503 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 09/23 14:18 USAGE T 03'14 PGS. 8 RESULT OK ei '14 Vy DAVID E. STILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW : PROTECTION FROM ABUSE PAMELA J. KILLINGER, Defendant NO. 99-5868 CIVIL TERM I, Kristen Goddard Donsen, Esquire, hereby certify that I did, the 22"d day of December, 1999, cause a copy of the Plaintiff's Petition to Vacate Order and Withdraw Action to be served upon the following by first class mail, postage pre-paid: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 DATE: X? Kristen Goddard D en, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 38 North Main Street Chambersburg, PA 17201 (717) 267-1350 ,_ ?? ??i c.?. `i ?.. , ?, G ?, ?. _ (_? °? r,? ?? „•'. ;?5' F4 `K DANIEL E. STILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PAMELA J. KILLINGER, : Defendant NO. 99-5868 CIVIL TERM ORDER OF COURT AND NOW, this 22, Jday of December, 1999, the protection from abuse petition having been withdrawn on December 21, 1999, the hearing previously scheduled for December 22, 1999, is cancelled. Kristen Goddard Donsen, Esq. 200 N. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant :rc 12 0719 RKs ?s . l J _U BY THE COURT, LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B. IRWIN MARCUSA. M[KNIGHT, I// JAMES A HUGHES REBECCA R. HUGHES MARK D. SCIIII AR1Z DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013.3222 (717) 249.2353 FAX (717) 249-6354 E•MAII: IMHLAWOSUPERNETCOM IMROLDS, IRWIN (1971.1977) 114ROLDSIRWINJR. (1954.1946) IRWIK IRWIN & IRWIN (1956.19K6) IRWIN. IRWIN & M,KNIGHr (1986.1994) IRIYIN MCKNIGHT & HUGNE4 (1994• ) November 23, 1999 The Honorable J. Wesley Oler, Jr. Court of Common Pleas of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Daniel E. Still v. Pamela J. Killinger 99-5868 Civil Term Dear Judge Oler: On October 1, 1999, this matter was continued for sixty (60) days. Unfortunately, no progress has been made in resolving the outstanding issues. Please reschedule a brief hearing to resolve the outstanding temporary PFA Order. I have enclosed a copy of your Order of Court dated October 1, 1999. Very truly yours, IRWIN, IGH & HUGHES Marcus . McKnig t, , sq. MAM/min Encl. cc: Kristen Goddard Donsen, Esq. Ms. Pamela J. Killinger NOV 14 11999 DANIEL E. STILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PROTECTION FROM ABUSE PAMEL J. KILLINGER, Defendant No. 99-5868 CIVIL TERM ORDER F COURT AND NOW, this 1st day of October, 1999, upon consideration of Plaintiff's Petition for Protection from Abuse, and pursuant to an agreement reached in open court among the parties and their respective counsel, Michael B. Bogush, Certified Legal Intern, supervised by Thomas M. Place, Esquire, of the Family Law Clinic on behalf of the Plaintiff, and Marcus A. McKnight, III, Esquire, on behalf of the Defendant, this matter is continued for a period of approximately 60 days to enable the parties to resolve the matter amicably. Pending further order of Court, the Temporary Protection from Abuse order dated September 23, 1999, shall remain in full force and effect. Counsel are requested to notify the Court within the aforesaid time period, indicating whether a hearing will be required or whether an order should be entered deeming the petition withdrawn. r "- ' By the Court, v J., "esley Ole Jr., Michael B. Bogush, Certified Legal Intern Thomas M. Place, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 For the Plaintiff Nfe i Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 For the Defendant wcy David E. Still, Plaintiff V. Pamela J. Killinger, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE NO. 99 - 5868 TO THE, PROTHONOTARY: CIVIL TERM Please withdraw the appearance of the Family Law Clinic on behalf of David E. Still, Plaintiff in the above-captioned matter. ?"6 OE FA ILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Please enter the appearance of Kristen Goddard Donsen, Esquire, on behalf of David E. Still, Plaintiff in the above-captioned matter. KRISTEN GO ARD DONSEN, ESQUIRE 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 u f ' 1 D11 G?• iir - --? L .: J DAVID E. STILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW PROTECTION FROM ABUSE PAMELA J. KILLINGER, Defendant : NO. 99-5868 CIVIL TERM ORDER OF COURT AND NOW, this ?.kSk-day of ??GC tf 1999, upon consideration of the attached Petition, the Temporary Protection from Abuse Order in the above-captioned case, entered on September 23, 1999, is hereby vacated and the action withdrawn without prejudice to Plaintiff. A certified copy of this Order shall be provided to the Pennsylvania State Police and the Middlesex Township Police Department by Plaintiff's attorney. (24pp i>L,T cal LCy C?tU /.2lZwq?; BY THE COURT, .?„?,r ?;.;. ? . ; iii DAVID E. STILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA J. KILLINGER, Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE NO. 99-5868 CIVIL TERM PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff, David E. Still, by and through his attorney, Kristen Goddard Donsen, Esquire, requests that the Court vacate the Temporary Protection from Abuse Order in the above-captioned case and that the action be withdrawn on the grounds that: 1. A Petition For Protection from Abuse was filed and a Temporary Protection from Abuse Order was issued by this Court on September 23, 1999, scheduling a hearing for October 1, 1999, at 3:30 p.m., before Judge Oler in Courtroom No. 1. 2. A hearing was held on October 1, 1999, at which time the Court entered an Order indicating that, upon agreement of the parties and their respective counsel, the matter was continued for approximately 60 days to enable the parties to resolve the matter amicably. 3. By letter dated November 23, 1999, by counsel for Defendant, Pamela J. Killinger, the Court was asked to reschedule a hearing to resolve the dispute. 4. Although counsel for Plaintiff never received written notification of the hearing or any related order of court, counsel was contacted by Judge's Chambers and told that a hearing was scheduled for December 22, 1999 at 1:30 p.m. 5. Much of Plaintiffs fears have been resolved because he recently moved from the parties' jointly owned residence and Defendant therefore no longer has access to Plaintiffs place of residence. 6. Plaintiff requests that the Temporary Protection from Abuse Order be vacated and the action withdrawn without prejudice to him. 7. A certified copy of the Order will be provided to the Pennsylvania State Police and the Middlesex Township Police Department by the attorney for Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court grant the relief requested and vacate the Order, and that the action be withdrawn without prejudice to Plaintiff. Respectfully submitted, ?lu?4P?t1t?`h n ??N? ,t Kristen Goddar onsen, Esquire 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: ? of/ 99 DAVID E. STILL, Plaintiff Y? 1. 5. d. - > R, J _ ILU'. L1... C j L.A. 4!.1