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HomeMy WebLinkAbout01-0344 FXDanielle Fink, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Keith Daniel Fink, vs. N0.2001- CIVIL TERM 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 ON a S~ ~[[IOI,,AT ~f.'00 ~.M., IN COURTROOM NO. O OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. You MUST gbey 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 subj ect 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 maybe 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 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. ~~ ~IN'Jt~lytSNl~i3d I`WfiO~ C~h~~~i~?~}E3~J~~ ~S .U i~i~ 81 i~~(" 1{l ;' ,. !~:;'~;+--i.1~i lip a~ ~'' " - - ~ -- - - - -- ~ t -. ~,€h~s _. _. ,ems a~ i.~- r~.~. z-w~: ® e ._e.a~- ~ -- •`u k,'~'.TMU-ads Danielle Marie Fink, : IN THE COURT OF COMMON :PLEAS OF Plaintiff :CUMBERLAND COUNTY, :PENNSYLVANIA v. Keith Daniel Fink, Defendant No. CIVIL ACTION -LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Keith Daniel Fink Defendant's Date of Birth is: February 3,1977 Defendant's Social Security Number is: 291-88-2375 Name(s) of All protected persons, including Plaintiff and minor children: 1. Danielle Marie Fink AND NOW, on 17th Day of January, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffls request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Except for such contact with the minor children as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, 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. Plaintiffls residence located at 890 Acri Road, Mechanicsburg, Pennsylvania, owned by Plaintiffs parents. Plaintiffls place of employment located at Applebees, Carlisle Pike, Mechanicsburg, Pennsylvania. 3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plainfiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor children: 1. Marie Rose Lombardi 2. Collin Michael Fink Until the final hearing, all contact between Defendant and the children shall be limited to the following: Planttiff shall have primary physical and legal custody of the minor children. Defendant shall have supervised visitation with the minor children at the maternal grandparents residence when the mother is at work or at other times agreed upon by the parties. The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 5. 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 an act of abuse or has engaged in a pattern or practice that indicates 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. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro and Hampden Township police. The sheriff, 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 without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 17, 2002 OR UNTIL OTHERWISE 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 penalfies 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 maybe located. If defendant violates Paragraphs 1 through 4 of this Order, defendant shall 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. BY THE CO u ge J L 67 . ~ 7. 2aa 1 Date Distriburion to: Legal Services Faxed & Mailed to PSP PFAD Number: MX1183823M Danielle Marie Fink, : IN THE COURT OF COMMON :PLEAS OF Plaintiff :CUMBERLAND COUNTY, :PENNSYLVANIA v. Keith Datvel Fink, . Defendant CIVIL ACTION -LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Danielle Marie Fink 2. I, (the Plaintiff), am filing this Petition on behalf o£ - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Danielle Marie Fink 4. Plaintiffs Address is :890 Acri Rd. ,Mechanicsburg, PA 17055 5. Defendant's Name is: Keith Daniel Fink 6. Defendant's address is: unknown. 7. Defendant's Social Security Number is: 291-88-2375 8. Defendant's Date of Birth is: February 3,1977 9. Defendant's Place of employment is: White Rose Ambulance Service & East Penn Ambblance Serv. 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 12. The defendant has not been involved in a criminal court action. 13. Plaintiff and Defendant are the parents of the following minor children: a. Marie Rose Lombardi Age:S yrs. old Child's address is: 890 Acri Road ,Mechanicsburg, PA 17055 b. Collin Michael Fink Age:l yr. old Child's address is: 890 Acri Road ,Mechanicsburg, PA 17055 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. Marie Rose Lombardi For the past 5 years, this child has lived with: Plaintiff, Defendant, and Maternal grandparents, at 890 Acri Rd., Mechanicsburg, Pennsylvania, from Birth until present. Defendant moved out of the residence on January 10, 2001. b. Collin Michael Fink For the past 5 years, this child has lived with: Plaintiff, Defendant, and Maternal grandparents, at 890 Acri Rd., Mechanicsburg, Pennsylvania, from Birth until present. Defendant moved out of the residence on January 10, 2001. 15. The facts of the most recent incident of abuse are as follows: On or about January 9, 2001, Defendant brushed up against Plaintiff and screamed in her face. Defendant followed Plaintiff upstairs into the bedroom and pushed her backwards into the closet causing her to fall and cut her £mger. When Plaintiff left the room, Defendant followed her downstairs, got in front of her, clenched his fists, and screamed in her face causing her to fear for her safety. Plaintiff contacted the policewho came to the residence and filed an incident report. 16. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: On or about June 2000, Defendant pushed and shoved Plaintiff into the dresser. In or about August 1998, While Plaintiff was pregnant, Defendant grabbed Plaintiffls neck with both his hands, shoved her backwards, pushed his knee into her stomach to restrain her on the bed while he held her down by her neck. In or about May 1998, Defendant screamed at Plaintiff and pushed her in the chest into the bathroom wall with such force he causing bruising on her chest. From 1998 through the present, Defendant has abused Plaintiff in ways including the following: grabbed, pushed, choked, threw her down, and restrained her. Defendant has grabbed and pushed their minor daughter causing bruises on her arms and knees. On numerous occasions, Defendant kicked and hit he family dog. 17. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order aze: East Pennsboro and Hampden Township police. 1$. There is an immediate and present danger of further abuse from the Defendant. 19. The Defendant owes a duty of support to Plaintiff and/or minor children. 2Q. 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 from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff maybe found. b. Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: Plaintiff shall have primary physical and legal custody of the minor children. Defendant shall have supervised visitation with the minor children at the maternal grandparents residence when the mother is at work or other times agreed upon by the parties. c. Prohibit Defendant from having any contact with Plaintiff and/or minor children, 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 children. d. Order Defendant to pay temporary support to Plaintiff and/or the minor children, including medical support . e. Order Defendant to pay the costs of this action, including filing and service fees. t: Order the following additional relief; not listed above: Defendant shall not harass Plaintiffs relatives. Defendant shall not damage or destroy any property owned by the parties or solely by Plainitifl: Defendant shall pay $250.00 to one of MIDPENN LEGAL SERVICES funders as reimbursement for litigation in this case. 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. Respectfully submitted, Date: ~ ~ 7 ~ ~/ Joan Cazey, Attorney for aintiff MID-PENN LEGAL SERVICES 8 Irvine Row Cazlisle, PA 17013 (717)243-9400 Distribution toy gid-Penn Legal Services Fax and Mail PSP 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 aze true and correct to the best of my knowledge. I understand that any false statements aze made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: ~ ~1 a ~, O ~ Ps~A~ Q.~. ~ .~n Q i Danielle Fink, Plaintiff r ~__ ,,,~ _, r~ ;'. 7i, ._. f~ t_. a. b_ l~s 1 T /~ Y~ ~ D ~. 'r ~ ~T "P3 ~-. p l~ "~ (~~ ~_ ' ~ ~ ~ ~ ~ ~ ~ C ,' ~ C ~ ~ ~ ~ w CS ~ U ~" P .~aa R. w'~:.~.w ...,~a~ i. ..mow ,.^ c;~~. ~Gza:n.cr.5~es~_; 01/18/01 TRCT 10:48 FA% 717 240 6573 CUffiB CO PROTRONOTARY xtx~ ffiULTI TN REPORT x~ix SS&ffi8i 8~&88ffi8Y&~N#i~~~i5~~:8~ffiN~ T%/R% NO 2398 INCOffiPLETE T%/R% TRANSACTION OH _[ O1]9p2405331 [ 03]9p2438026 [ 04]92490779 ERROR fool CENTRAL PROCESS LEGAL SERVICES PSP r OFFICE OF TI]E PROTTii7N(7I'ARY CUMBERLAND Gti717[JTY COURTHWSE [XVE COURTHOUSE 5QUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 LS Cep.. ~'~.ac~ss. Tn: PA STATE POLICE FAX q: 717-249-0779 FROM; CURTIS R. LONG RE; PFA ORDERS MESSAGE: V I A T E L E C O P ~~ I'XJ. OF PAGES (IPP:.'LUDING COVER SHEET) This rrt~.x~: is in4endea aly fc~ tl~ use aE ]fie indivic3.~1 a- eitity tca u1-iidt is is area, xa ~Y omtain infr~retiin tlt~t is lxivi]s~d, mlf] iati ad e~ fxan disrle,A~ uc~ ~icshle ],a~. Cf L1~e [e~i3' of this is rot file in~s~ zSCi~iefit, yua 8Ce heck mhified that aty dis~Inii*3tia~, rti~rr;r,~-;rn cs t~+u+9 c~ this aomtriiraf.~n is strictly ~dxitiibed. IF yua I~,e reoP,i~,ed tlus ixnnuvt.a:-irn it esr, p16asE ratify is irmediately tii' 1~1e~11t-na axl ceb_¢n t]>r sigiit~l ~ ~ u3 a1 ~. r SHERIFF'S RETURN - REGULAR CASE NO: 2001-00344 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FINK DANIELLE VS FINK KEITH DANIEL CPL. MICHAEL 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 FINK KEITH DANIEL the DEFENDANT at 0013:56 HOURS, on the 18th day of January 2001 at 890 ACRI RD MECHANICSBURG, PA 17055 by handing to KEITH D. FINK a true and attested copy of PROTECTION FROM ABUSE together with & CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 10.00 .00 34.20 Sworn and Subscribed to before me this ,dN ~ day of ~~.~1,s aoU/ A.D. / YIGYXd6~~ "r-i r thonotary So Answers• A R. Thomas Kline 01/19/2001 By: Deputy Sheriff pANIELLE M. FINK, ~ Plaintiff, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 01-344 KEITH DANIEL FINK, ~ CIVIL ACTION LAW Defendant * PROTECTION FROM ABUSE AND * CUSTODY PRAECIPE FOR WITHDRAW OF APPEARANCE Please withdraw my appearance on behalf of Plaintiff, Danielle M. Fink, in the above captioned matter without prejudice. Date: ~ -~~-0~ oan Carey, Esquire PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Plaintiff, Danielle M. Fink, in the above captioned matter. Date: Z"Zo-o1 Tonia M. Torquat ,Esquire c: ~_~_ -:~ :,, ?=~' V ~; -: F~, -~ r ~~,' - _ j ~' ' y.: ~ - -.. i c; sriwsru~~~nme:. .. _, €sa~ai_ _ _ >. _..a-'+ FEB 2 6 2Q~ DANIELLE M. FINK, ~ IN THE COURT C1F COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, PA vs. ~ No. 01-344 KEITH DANIEL FINK, * CIVIL ACTION LAW Defendant * PROTECTION FROM ABUSE AND * CUSTODY CONTINUED TEMPORARY ORDER AND NOW, this 2~1'~day of ~~~,-,, Y, , 2001, pursuant to 23 Pa. C.S. §6107~c), the terms and conditions of the Temporary Order issued on the 17th day of January, 2001, in the above-captioned case are hereby continued in full force and effect until further Order of the Court. A hearing on this matter is rescheduled for _177~~ ~~ , 2001, at _~%~/5 M. in Courtroom _~ of the ~u bird County Courthouse, One Courthouse Square, Carlisle. ~~ ~~ ~~ ~ ~~~ b' ~5 BY THE COURT: *, `'1~,,n i~,,;, ,_ n, ~rr ;_~~~ ;, ~,~~~ ,.,'u .. ,_, r..,~ ' i,i ^„~ d _ . ,.~ ~~L .~ DANIELLE M. FINK, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, PA vs. *' No. 01-344 KEITH DANIEL FINK, ~ CIVIL ACTION LAW Defendant * PROTECTION I=ROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The Plaintiff, Danielle M. Fink, by and through her attorney, Tonia M. Torquato, Esquire, moves the Court for a Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection from Abuse Order was issued by this Court on January 25, 2001, scheduling a hearing on March 2, 2001, at 4:00 p.m. 2. Counsel for the Plaintiff has only recently been retained and is scheduled for a conference in a different matter in Dauphin County on March 2, 2001. 3. Counsel for the Defendant, Gary Kelley, Esquire, has no objection to a continuance of this matter. 4. The Plaintiff requests that the Temporary Protection from Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court. WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection from Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, Dated: Z' "6~ a~ lu . Tonia M. Torqua ,Esquire WEINTRAUB & A SOCIATES 2650 N. Third Street Harrisburg, PA 17110 (717) 238-2200 ID #84406 = ~ - - -~ t': ~l __ ='i=° ~: - : zv . _, =i :~~, ~: r.:~ ~~ y DANIELLE M. FINK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. KEITH DANIEL FINK, Defendant NO. 01-0344 CIVIL TERM ORDER OF COURT AND NOW, this 29~' day of March, 2001, upon relation of Plaintiff's counsel, Tonia M. Torquato, Esq., that the parties are attempting to resolve this matter amicably, the hearing scheduled for Friday, March 30, 2001, is continued generally. THE TEMPORARY ORDER entered on February 28, 2001, shall remain in full force and effect pending further order of court. The parties are requested to notify the court they wish the hearing rescheduled. Tonia M. Torquato, Esq. 2650 N. Third Street Harrisburg, PA 17110 Attorney for PlaintifF Keith D. Fink 110 College Hill Enola, PA 17025 Defendant r,;~ i /O\ ~a° BY THE COURT, 4 ~'~ ~:~r~t,n~~~~ra~!,~ , ~~ ,~ ~,,rP' , ,"~'ibf_j~w~( ~.+_i4, ~..~ .~. r ~ ,~,, ,. t q r+ Courtesy Copy: Gary L. Kelley, Esq. 132-134 Walnut Street Harrisburg, PA 17101 :rc