HomeMy WebLinkAbout11-8158IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
- CUMBERLAND COUNTY
In The Matter Of Petition :
For Change of Name No. 2011- 8158 T&rry?
Of Daulton Michael Kuhns
Assigned Judge:
? j CJ?f Q
-, i'#"3
i"-
?
N
PETITION FOR CHANGE OF NAME y--,
To the Honorable the Judges of said Court: ===
The Petition of Holly Jean Hershey, the natural mother and the legal and physical
custodian of Daulton Michael Kuhns, and Daulton Michael Kuhns, individually,
respectfully represents:
Petitioner is Holly Jean Hershey, a sui Juris adult, who resides at 219 Log Cabin
Road, Newville, Cumberland County, Pennsylvania 17241.
2.
Petitioner, Daulton Michael Kuhns, is a minor who resides at 219 Log Cabin Road,
Newville, Cumberland County, Pennsylvania 17241.
3.
Petitioner, Daulton Michael Kuhns, date of birth January 18, 1997, is fourteen (14)
years old.
#9a, oo pQ ArH
c? a4?a
Copy ?o PSP
6Ad
4.
Petitioner, Holly Jean Hershey, is married to Timothy Ryan Hershey, since
September 14, 2002.
5.
David Michael Kuhns, a sui juris adult, with a last known address of 125 Worcester
Lane, Kearneysville, West Virginia 25430, is the biological father of Daulton Michael
Kuhns.
6.
Daulton Michael Kuhns has resided with his biological mother, Holly Jean Hershey,
and has been a resident of Cumberland County, Pennsylvania, for six months prior to
the date of the execution of this Petition, having resided during the times and the addresses
hereinafter set forth.
RESIDED WITH: ADDRESS: DATES:
Mother 219 Log Cabin Road January, 2003
Timothy Hershey (Step-Father) Newville, PA to
Abriale Hershey (Sister) Present
7.
The Petitioner, Holly Jean Hershey, desires to change her son's name to Daulton
Ryan Hershey so that it will conform to the child's mothers married name and his stepfather,
Timothy Ryan Hershey, name, and also in response to a reasonable and repeated request by
the minor child, also the Petitioner herein, Daulton Michael Kuhns.
8.
The Petitioner, Daulton Michael Kuhns, desires to change his name to Daulton Ryan
Hershey so that it will conform to his natural mother's married name and step-fathers name.
9.
David Michael Kuhns, the biological father of Daulton Michael Kuhns has not
had contact with his son since 2007 when a Protection From Abuse Action was entered by
the Honorable Judge Kevin A. Hess of the Court of Common Pleas, Cumberland County,
Pennsylvania on October 5, 2007, as a result of Fathers threats to kill the Petitioner, Holly
Jean Hershey, her son, also the Petitioner, Daulton Michael Kuhns, her daughter, Abriale
Mary Hershey, her husband, Timothy Ryan Hershey, and a responding Pennsylvania State
Trooper, all of which resulted in criminal charges filed against David Michael Kuhns for
harassment, terroristic threats and verbal assault of a Pennsylvania State Trooper as well as
the Protection From Abuse Petition filed by the Petitioner, Holly Jean Hershey, on her own
behalf as well as on behalf of her remaining family, including the minor petitioner, Daulton
Michael Kuhns. A copy of said Protection From Abuse Order and the underlying Petition
for Protection from Abuse are attached hereto, made a part hereof, and marked Exhibit "A"
and "B" respectively.
10.
The aforementioned Protection From Abuse Order expired on or about October 7,
2010.
11.
David Michael Kuhns has not pursued any custody rights thru any Court of the
Commonwealth of Pennsylvania or any other Court of competent jurisdiction since the entry
or expiration of the Protection From Abuse Order.
12.
This name change if granted by the court will not diminish or expand any legal
obligation or rights which Holly Jean Hershey and David Michael Kuhns may have with
regard to the above named child, Daulton Michael Kuhns.
13.
There are no judgments or Decrees of like character of record against Daulton
Michael Kuhns.
14.
Changing the minor's name will result in no fraud, injury or confusion with other
persons having a like name.
15.
Pursuant to 54 Pa.C.S. Section 701(b)(1), the Pennsylvania State Police have
provided an original set of fingerprints supplied by Petitioners of Daulton Michael Kuhns,
attached hereto, made a part hereof and marked Exhibit "C".
WHEREFORE, the Petitioner prays your Honorable Court to enter an Order
directing that notice be given of the filing of said Petition; setting the day for hearing
thereon within two months of the filing of the Petition; and upon said Hearing entering an
Order stating that from hereinafter, Daulton Michael Kuhns shall be known as Daulton Ryan
Hershey.
Date: /C C? - /I
Respectfully submitted,
1
CC ' - aj C( /? -c
Carol A. Redding, Esquire
Counsel for Petitioners
Holly Jean Hershey
Daulton Michael Kuhns
VERIFICATION
I verify that the statements set forth 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. 4904
relating to unworn falsification to authorities.
I?
ni.
DATE: U 24k( da(q ?-Amlkj 4(? I
Holly Jeari Hershey
VERIFICATION
I verify that the statements set forth 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. 4904
relating to unworn falsification to authorities.
?2,41 11 iltvcu n?
DATE:
Daulton Michael Kuhns
AL,0-27-2007 10:11AM FROM-NORTHWESTERN HUN SERVICES
Holly Jean Hershey,and her minor children,
Daul on Michael Kuhns and Abriale Mary
Hershey,
Plaintiffs
717-44'-9582 T-562 P 002/014 F-05?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2007 - 4 q3 f CIVIL TERM - LAW
V.
David Michael Kuhns,
Defendant
: 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, be prohibited from possessing any
firearm, other weapon., ammunition or any fireamt license, and lose other important rights, including
custody of your children. Any protection order granted by a court may be considered in subsequent
proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated S*.atutes, including
child custody proceedings under Chapter 53 (relating to custody).
A hearing on the matter is sehed for the,& - day of 2007,
at m., with Judge in Co oru N90. - un the 4`? Floor of the
Cu rounty Courthouse, I Courthouse Square, Carlisl , Pennsylvania.
You Ml ST 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 or sheriff 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 to jail under 23 Pa C.S.A., §5114. Violation may also subject you to prosecution,
and criminal pwnalties under the Pettnsylvatlia Crimes Cede. Under federal law, 18. U.S.C. §2265, this
order is enforceable anywhere in the United States, tribal lands, U.S. Territories aw, the Cotntnonwealth
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 An 18 U.S.C. §2261-2262.
If this order directs you to relinquish any firearm, other weapon, ammunition or an3- firearm license to
the sheriff, you rn. ay do so upon service of this order. As an alternative, you may relinquish any firearm,
other weapon, or attununitioa listed herein to a third party provided you and the third party first comply
with all requirements to obtain a safekeeping permit. You must relinquish any firearm, other weapon,
am."aunition or any ftrearin license listed herein no later than 24 hours after service of the order. Failure
to timely relinquish any firearm, other weapon, ammunition or any firearm license sba!1 result isa a
violation of this order and may result in criminal conviction under the uniform Firearms Act, IS Pa.
C.S.A. §61051
EXHIBIT
EA
FTGW-NOVHWESTEP,N KIM SERVICES TAT-441-8502 T-592 P.003/014 F-053
NOTICE: Even if rhi3 order does not direct you to relirquish firearms, you may be subject to federc:l
firearms prohibitions as,d federal criminal penalties under 18 U.S.C. §922(8)(8).
YOU SHOL-LD TANI THIS PAPER, TO YOUR LAWYER AT ONCE. YOU HAVE THE
RIGHT TO HAVE A LAWYER REPRESE'N'T YOU AT THE HEART 'G. THE COURT WILL
NOT, HOWE'V'ER, APPOUNTT 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 FIVD OUT WIMPLE YOU CAN GET LEGAL HELP.. IF YOU CANNOT FLND A LAWYER,
YOU MAY HAVE TO PROLMED WITHOUT ONE.
County Lawyer Referral Service
Cumberland County Bar Association
32 South, Bedford Street
Carlisle, PA 17013
717-249-3166
i3 '1SUt oz! to'
Legal Services
Faxed & Mailed to PSP
This verifes that the above document is or, file with the C>urnberland County UR'ic?? of the Prattwnotary.
i
4 G-Z.-iCCi 'C:-AV F?CM-N04THWESTERN HUMAN SERVICES 717-441-8582 T-582 P-004/014 F-058
•? 1
Ho y Jean Hershey, and her minor children, : IN THE COURT OF COMMON
Dsulton Michael Kuhns and Abriale Mary : PLEAS OF
Hershey, : CUMBERLAND COUNTY,
Plaintiffs : PENNSYLVANIA
V,
L4
No. 2007 -q-31
David Michael Kuhns,
Defendant
' CIVIL ACTMON - LAW
PROTECTION" FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: David Michael Kuhns
Defendant's Date of Birth is: August 1, 1974
Defendant's Social Security Number is: 213-11-6160
Name(s) of All protected persons, including Plaintiff and minor children:
1. Holly Jean Hershey
2. Daultoo Michael Kuhns
3. Abriale Mary Hershey
AND NOW, on 20th Day of August, 2007 upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
Plaintiff's 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. Defendant is evicted and excluded from the residence at:
219 Log Cabin, Road
Newnille PA 17241
or any other permanent or temporary residence where Plaintiff or any other
persoa protected under this order '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 of Plaintiff or any other person protected under this
order.
3. Except for such contact with the rninor`ehildren as may be permitted antler
paragraph 5 of this order, Defendant is prohibited from having ANY
CONTACT with Plaintiff, or any other person protected under this order either
directly or indirectly, at any location, including but not limited to any contact at
Plaintiff s or other protected party's school, business, or place of employment.
":-AM FF"M-NORTHWESTERN HUMAN SERVICES 717-441-8582 T-582 P.005?014 F-753
4. Except for such contact with the minor children as maybe permitted under
paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other
person protected under this order, by telepbone or by any other means, including
tk rough third persons.
5. CUSTODY.
THIS ORDER SUPERSEDES ANTY PRIOR ORDER RELATING TO CHILD
CUSTODY.
Until the final hearing, all contact between Defendant and the child/ren shall be
limited TO the following:
• Visitation between the Defendant and minor ehild shall be suspended
for the duration of this order, or until further order of court,
whichever comes first.
Pending the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor child/ren:
1. Daultoa Michael Kuhns
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
Plaintiff in accordance with the tenus of this order.
6. FIREARMS, OTHER WEAPONS AND AMMUNITION RESTRIM IONS
Defendant is prohibited from possessing, transferring or acquiring any firearms
for the duration of this order.
Defendant is directed to relinquish to the sheriff any firearm, other weapon or
ammunition listed in Attachment A to Temporary Order, which is incorporated
herein by references.
Defendant may relinquish any firearms, other weapons or ammunition to the
sheriff. As an altrrnative, Defendant may relinquish firearms, other weapons and
ammunition to a third party provided Defendant and the third parry first comply
with all the requirements to obtain a safekeeping permit. Defendant must
relinquish any firearm, other weapon, arumutiition or firearm license ordered to
be relinquished no later than 24 hours after service of this order. If, dui to their
current location, firearms, other weapons or ammunition cannot reasonably be
retrieved within the tune for relinquishment, Defendant shall provide to the
sheriff an aMdavi; listing the firearms, other weapons or ammunition and their
current location no later than 24 hours after service of this order. Failure to
timely relinquish any firearm, other weapon, azrunuaition or any firearm license
shall result in a violation of this order and may result in criminal conviction
under the Uniform Firearms Act, 18 .Pa. C.S.A.. §6105.
7. The following additional relief is granted:
Other Relief:
- Defendant shall not damage, destroy, or dispo3e of in any manner, any
property owned jointly by the parties or solely by the plaintiff.
=RCV-NGRTHKSTERN HUMAN SRVICES 717-441-aW T-58Z P.006/?14 F-063
8. A cerrizied copy of this order shall be provided to the sheriff or police
departmem where Plaintiff resides and 4ny other agency specified hereafter:
't'rinity Day Care
Oak Flat Elementary School
PSP
9. The sheriff, police or other law enforcement agencies are directed to serve
Defendant with a copy of the petition, any order issued, and the order for
hearing, Petitioner will inform the designated authority of any addres,es, other
than Defendant's residence, where Defendant can be served
10. 'THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN INT EFFECT UNTIL AUGUST 20, 2010 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 and/or up
to six months in jail. 23 Pa.C.S.A. § 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. 2 3
Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other
weapons or ammunition or any firea= license, those items must be relinquished to
the sheriff within 24 hours of the service of this order. As an alternative, Defendant
may re:inquish any firearm, other weapon or anunu nition listed herein to a third
party provided Defendant and the third party first comply with 411 requirements to
obtain a safekeeping permit. If, due to their current location, firearms, other weapons
or ammuifuier, cannot reasonably be retrieved within the time for relinquishment,
Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons
or ammunition, and their current location no later than 24 hours after the service of
this order. Defendant is further notified that violation of this order may subject
him/her to star 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 SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS
Ttis order shall be enforced by the police department or sheriff who has jurisdiction
over Plaintiffs residence OR any location where a violation of this order occurs OR.
where Defendant may be located. If Defendant violates Paragraphs 1 through 6 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 a police
officer or sheriff.
Subsequent to an arrest, the law enforcement officer or sheriff shall seize all
firearms, other weapons and ammunition in Defendant's possession whic h were used
or threatened to be used during the violation of the protection order or during prior
incidents of abuse and any other firearms in Defendant's possession. Amy firearm.
other weapon, ammunition or any firearm license must be delivered to the. sheriffs
office of the county which issued this order, which office shall maiatain possession
., 4
?a-cr-tour a:'CAW FRQWURTMWESTERN HUMAN SERVICES 717-441-0581 T-582 P-007/314 F-053
of the firearms, other weapons and ammunition until further order of this court,
unless the weaponis are evidence of a crime, in which case, they shall remain with
tae law enforcement agency whose officer or sheriff made the arrest.
BY THE COURT:
?41L
Judge
0?-l-,xaA7
Date
Distribu 'on to:
Legal Services
Faxed & Mailed to PSP
WWFw Wft "OM RFGORU
aroTWOMM pid 1? afflft *MY
h r ve no i;1
4QC-27-2007 10:15AM FROM-NORTHWESTERN HUMAN SERVICES
717-441-8582 7-582 P.006/014 F-053
'.
PFAD Nwnber: ZK2860537W
Holly Jean Hershey, and her minor children,
Daulton Michael Kuhns and Abriale Mary
Hershey,
Plair46
V.
David Michael Kuhns,
Defendant
IN THE COURT Of COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Na. 2007 - 931
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Holly Jean Hershey
2. I, (the Plaintiff), am filing this petition on behalf of:
- myself
- and as PareAt of minor Plaintiff(s)
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Hotly Jean Hershey
b. Daultou Michael Kuhns
c. Abariale Mary Hershey
4. Plaintiffs Address is: 219 Log Cabin Road, New viHe, PA 17241
5. Defendant's Name is:
David ?Michael Kuhns
6. Defendant is believed w live at the following address:
12S Warchester Lane, Kearneysville, WV 25430
?. Defendant's Social Security Ntunber is:
213-11-6160
11
a:c-zt-TCC( -Q:'50 FRCM-NORTHWESTERN NUAN SERVICES
8. Defendant's Date of Binh is:
August 1, 1974
9. Defendant's place of employment is:
Unknown
10. Defendant is an adult.
11. The relationship between Plaintiff and Defendant is:
7171-441-8582 T-58? P.009/014 F-053
x 3 spouse or former spouse of Defendant
Ix) parent of a child with Defendant
3 current or former sexual or intonate partner with Defendant
1 child of plaintiff
> child of Defendant
family member related by blood (consanguinity) to Defendant
I 1 family member related by marriage or affinity to Defendant
1 sibling (person who shares parenthood) of Defendant
1 current or former cohabitant (person who lives with) Defendant
12. Plaintiff and Defendant have been involved in the following court actions:
a. Divorce
b. Support
C. Custody
13. Other details of the court actiou are.
Franklin County Court of Common Pleas FR 2400-2636 In Custody
14. Plaintiff and Defendant are the parents of the following minor child/ren:
a. Doultou Michael Kuhns
Age:10
Child's address is: 219 Log Cabin Road , NtwwiUe, PA 17241
15. There is an existing court order regarding the custody of Plaintiffs and Defeadaut's minor
children.
The terms of the order err: Plaintiff has primary residential and physical custody and
defendant has visitation every other wtek-end
County: is ranklin
State: Pennsylvania
?e
ALG•27-200' '0:'$AM FROM-NORTHWESTERN HUMAN SERVICES 717-441-9582 T-582 P-010/014 F-053
16. The following other minor children presewly live with Plaintiff:
a. Abriale Mary Hershey
Age: 3
The Plaintiffs relationship to this child is:
mother
17. The facts of the most recent incident of abuse areas follows:
On about Friday, August 17, 200? at approximately 230A A1
location: Plaintiff's residence
Defendant acted in a Physically menacing manner when he telephoned Plaintiff and
repeatedly threatened Plaintiffs We and the life of her children. Pennsylvania State Police
responded to 911 call and the Officer was threatened by Defendant. Charges including
harassment, terroristic threats and verbal assault of PSP are pending. Vivian Cohick filed a
Temporary Protection From Abuse Order.
16. (a) Has Defendant used or threatened to use any firearms or other weapons at.;aiinst Plaintiff or the
minor children?
YES
If so, please describe the use or threatened use below and list on Attachment A to Petition, which
is incorporated by reference into this petition, any firearms, other weapons or ammunition
Defendant used or threatened to use against Plaintiff and/or the minor children.
Hunting Rifle
(b) Other than the firearms, other weapons or ammunition Defendant used or threatened to use
against Petitioner or the minor children, does Defendant, to the best of your knowledge or belief,
own or possess any additional firearm, other weapon, ammunition or any fireurn license?
YES
(c) If the answer to (b) above is "Y''es", list any additional firearm, other weapon or ammunition
owned by or in the possession of Defendant on Attachment A to Petition, which is incorporated by
reference into this petition.
(d) Plaintiff DOES request that the court order Defendant to relinquish firearms, other weapons
or ammunition listed on Attachment A to Petition. See Attachment A to Petition, for a list of
firearms, other weapons and armmunition Plaintiff requests the roam to order Defendant to
relinquish.
19. The sheiiff/, police department or law enforcement agency that should be provided with a copy of
the protection order are:
Trinity Day Care
Oak Flat Elemu utary School
PSP ,
20. There is an immediate and present danger of further abuse from Defendant.
21. Plaintiff is asking the court to evict and exclude Defendant from the following residence:
7'AM FRCM-NORTHWESTERN HUMAN SERVICES r'T-44'-858: T-582 P. 011/014 F-053
219 Log Cabin Road
New,ville PA 17241
Owned By:
Timothy Ryan and Holly Jean Hershey
22. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEWORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO
THE FOLLOWLNG:
a. Restrain. Defendant from abusing, threatening, harassing, or stalking Plaintiff
and/or the minor childlren in any place where Plaintiff and/or the children may
be found.
b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from
attempting to eater any temporary or permanent residence of Plaintiff.
c. Award Plaintiff temporary custody of the minor chiki/rea and place tl:e
following restrictions on contact between Defendant and the childrren:
Defendant shall have the following partial physical custody/visitation
rights:
Visitation between the Defendant and minor child shall be suspended for
the duration of this order, or until further order of court, whichever comes
first.
d. Prohibit Defendant from having any contact with Plaintiff and/or the minor
children, either in person, by telephone, or is writing, personally or tkough
third persons, including but not limited to any contact at Plaintiff's school,
business, or place of employment, except as the cotta may find necessary with
respect to partial custody and/or visitation with the minor children.
e. Prohibit Defendant from having any contact with Plaintiffs 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 children
The following persons are Plaintiffs relatives or family and household
members that Plaintiff believes require protection from stalking and harassment
by DefendanL
f. Order Defendant to temporarily relinquish some or all of the firearms, other
weapons and/or Ammunition listed on Attachment A to Petition aad any firearm
license to the sheriff of this county and/or prohibit Defendant from transferring,
acquiring, or possessing some or all firearms for the duration of the order.
g. Order the following additional relief, not listed above:
Defendant shaA not damage, destroy, or dispose of in any manner, any
property owned jointly by the parties or solely by the plaintiff.
h. Orant such other relief as Plaintiff requests atullor the court deems appropriate.
v?
FROM-NORTHWESTERN HUMAN SERVICES 717-44!-8582 T-582 P.012/Ci4 F-053
i. Order the police, sheriff 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 the
Defendant's residence, where Defendant can be served.
AUG-2?-20C? iO, "AM FROM-NORTHWESTERN HUMAN SERVICES
1-1
717-44!-9592 T-562 P 013/014 F-053
Respectfully suhmiaed,
MIDPENN LEGAL SERVICES
Date: By.
c E. D'Alo, Attomey for Plaintiff
e ica Holst, Attomey for Plaintiff
Creoffrey M. Biringer, Attorney for plai.,lTiff
401 EasT Louther Street, Suite 103
Carlisle, PA 17013
(717 243-9400
i
BUG-27-2007 10:1PAM FROM-NORTHWESTERN HUMAN SERVICES 717-44!- 562 T-W x.0141014 F-053
VERFICATION
I verify that I am the Petitiouer as designated in the presew, action and that the facts
and statements contained in the above Petition are trte 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 Wsificatiou to authorities.
Dated-, ?)Woq
4 11? /t 7?
Holly lean Hershey, Plaintiff V
Holly Jean Hershey, and her minor children, : IN THE COURT OF COMMON
Daulton Michael Kuhns and Abriale Mary : PLEAS OF
Hershey, : CUMBERLAND COUNTY,
Plaintiffs : PENNSYLVANIA
V.
No. 2007 -4931
David Michael Kuhns, CIVIL ACTION - LAW
Defendant ' PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name: David Michael Kuhns
Defendant's Date of Birth: August 1, 1974
Defendant's Social Security Number: 213-11-6160
Names and Dates of Birth of All Protected Persons, including Plaintiff and minor
children:
Names Dates of Birth
1. Holly Jean Hershey July 8, 1977
2. Daultor Michael Kuhns January 18, 1997
3. Abriale Mary Hershey April 17, 2004
Plaintiff or Protected Person(s) is/are:
[X] spouse or former spouse of Defendant
[X] parent of a child with Defendant
[ ] current or former sexual or intimate partner with Defendant
[X] child of Plaintiff
[ ] child of Defendant
[ ] family member related by blood (consanguinity) to Defendant
[ ] family member related by marriage or affinity to Defendant
[ ] sibling (person who shares parenthood) of Defendant
[j cipTent or former cohabitant (person who lives with) Defendant.
Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice
of ,he time, date and location of the hearing scheduled in this matter.
t
EXHIBIT
C'
UA m I.?}/ lC? lJl?!!1_(i ??r"p(,? ,q-zrr?. S. D• c?'YSti
i
lvu L(Jq?i(is?r A
(,.?.+, S -n c f 7 Y Y. ?
AND NOW, this 5th Day of?ctober, ?Ohe court ?iavuig jun['sdiction ov e
parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as
follows:
This order is entered by agreement without an admission. Without regard as to how the
order was entered, this is a final order of court subject to full enforcement pursuant to the
Protection From Abuse Act.
Plaintiffs request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical
force that would reasonably be expected to cause bodily injury to Plaintiff or
any other protected person in any place where they might be fo,.md.
2. Defendant is completely evicted and excluded from the residence at:
219 Log Cabin Road
Newville PA 17241
or any other residence where Plaintiff or any other person protected under this
order 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
of Plaintiff or any other person protected under this order.
3. Except as provided in Paragraph 5 of this order, Defendant is prohibited from
having ANY CONTACT with Plaintiff either directly or indirectly, or any
other person protected under this order, at any location, including but not
limited to any contact at Plaintiffs or other protected party's school, business, or
place of employment.
4. Except as provided in paragraph 5 of this order, Defendant shall not contact
Plaintiff, either directly or indirectly, or any other person protected under this
order, by telephone or by any other means, including through third persons.
5. Temporary custody of the minor children: shall be as follows:
Primary physical custody of the minor children is
awarded to Plaintiff.
Defendant shall have the following partial physical
custody/visitation rights: Defendant shall have periods of
visitation agreed upon b the parties supervised by the paKV OOH ,
umteaa1 grandmother, /l Cr . a p er t U d a? 4?, i rl? U dory s
-eoUcwlyiq irrIP06 h_W_o -W15 vrdQr A(( cu rr Y qiwwrl? ? 2xerc?s
Defendant is prohibited from possessing, transferring or acquiring any firearms
for the duration of this order.
Defendant is directed to relinquish the the sheriff any firearm, other weapon or
ammunition listed in Attachment A to Final Order, which is incorporated herein
by reference.
Defendant may relinquish any firearms, other weapons or ammunition to the
sheriff. As an alternative, Defendant may either relinquish firearms, other
weapons and ammunition to a third party provided Defendant and the third
party first comply with all the requirements to obtain a safekeeping permit, or
relinquish firearms, other weapons and ammunition to a licensed firearms dealer
for consignment sale, lawful transfer or safekeeping pursuant to 23 Pa.C.S.A. §
6108.2(e). Defendant must relinquish any firearm, other weapon, ammunition or
firearm license ordered to be relinquished no later than 24 hours after service of
this order. Failure to timely relinquish any firearm, other weapon, ammunition
or any firearm license ordered to be relinquished shall result in a violation of
this order and may result in criminal conviction under the Uniform Firearms
Act, 18 Pa.C.S.A. § 6105.
7. Any firearm delivered to the sheriff or transferred to a licensed firearm dealer,
or a qualified third parry who satisfies the procedural and substantive
requirements to obtain a safekeeping permit issued under 23 Pa. C.S.A. §
6108.3 pursuant to this order or the temporary order shall not be returned to
Defendant until further order of court or as otherwise provided by law.
8. The following additional relief is granted as authorized by §6108 ofthe Act:
- Defendant shall not damage, destroy, or dispose of in any manner, any
property owned jointly by the parties or solely by the plaintiff.
9. A certified copy of this Carder shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Trinity Day Care
Oak Flat Elementary School
PSP
l o. All provisions of this order shall expire in 3 years on October 5, 2010.
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE
BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF LIP TO SIX
MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO
PROSECUTION AND CRIMINAL PENALTIES UNDER THE
"
1L? ?h v..7 3 ?.,?T'`TSYi .u a it '!7.A TT ^ ^ LrJ..lt v T'MES CODE. A VTi i.c • t OT n TTi c ' ?.i'1?.J ONT OF TT' S 0RD, E it " 14u k'--'
RESULT IN THE REVOCATION OF THE SAFEKEEPING' PERMIT, WHICH
WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR
FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF.
PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT
INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY
FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(g).
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 ACT, 18 U.S.C. §2265. 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
§§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION
WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A
FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT
EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR
A_mmUNITIbN. 18 U.S.C. §922(8)(8).
N'TOTI/CE TO SHERIFF, POLICE ? AND LAW ENFORCEMENT OFFICIALS
i y1.e .police and she f ix ho lnh:.ive j isdictior over Plaines-Ts reside z.e
.,... OR '.4-!V
location where a violation of this order occurs OR where Defendant may be
located, shall enforce this order. The court shall have jurisdiction over any indirect
criminal contempt proceeding, either in the county where the violation occurred or
where this protective order was entered. 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 or any
sheriff. 23 Pa.C.S.A. §6113.
Subsequent to an arrest, and without the necessity of a warrant, the police officer
or sheriff shall seize all firearms, other weapons and ammunition in Defendant's
possession that were used or threatened to be used during the violation of the
protection order or during prior incidents of abuse and any other firearms in
Defendants possession..
The Sheriff of Cumberland County shall maintain possession of the firearms,
other weapons or ammunition until further order of this court.
When Defendant is placed under arrest for violation of this 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, sheriff OR Plaintiff. Plaintiffs presence and
signature are not required to rile the complaint
BY THE COURT
5?.- ,1' ZocrJ
GEj-,
Date
046k?
Hess, Judge
Entered pursuant to the consent of Plaintiff and Defendant:
Holly Jean Hershey, Date am c 1 Ku ms, ate
Plaintiff ? Defendant
::I? IUTa'1
14'Q
Effiabeth B. Place Date
eoffrey M. Biringer
Jessica Holst
Attorney for Plaintiff
MidPenn Legal Services
401 East Louther Street
Carlisle PA 17013
`Gc. L?/u (mac,.-'7 ?i!`nts T ns.?TY
Distribution to:
MidPenn Legal Services, Attorney for Plaintiff
David B. Kuhns, Pro Se Defendant
Faxed and Mailed to PSP
T" OCWY F REGOW
? . i h wAww my hw:
Mal 7WI-
'mm
rr
6
i
. O-N I
EXHIBIT
i
SP 4-198 (11-99)
PENNSYLVANIA STATE POLICE
CENTRAL REPOSITORY
1800 ELMERTOPA AVENUE
HARRISBURG,
717-783-3762
?1tl ,:'° t'?4
li•;
November 01, 2011
?44 ?+ }' ttgg DATE: Tuesday,
RE: SID:
DAULTON MICR
PROTHONOTARY NAME: HUHNS
CUMBERLAND CO COURTHOUSE SOC:
1 COURT HOUSE SQUARE COURT DOCKET #: 2011-8158
CARLISLE, PA 17013
the Pennsylcardsvania of the State above Police, named Criminal individual, Records and
In accordance with the Name Change Act of 1998, files the of fingerprint
has applied who
for a name change, has been searched in
Identification Division Central Repository. and:
(X) This person is not subject to 18 PA C.S. Chapter 91, and the fingerprints have been destroyed.
( ) This person is subject to 18 PA C.S. Chapter 91, and the name change has been noted on the person's
criminal history record information.
O TH THE
NAME A criminal record was revealed containing felony CS ORD POLICE IWFEN A NAME
CHANGE ACT. THE COURT SHALL NOTIFY THE PENNSYLVANIA ATE
o name E nforORDo RED. The Central ylvania State
HAS B CHANGE FOR A PERSON CONVICTED OFF AhFELONY
Police. upon receipt of this notice. shall mclu
provided for in 18 PA C.S., Chapter 91 (relating to criminal history record information).
This erson has been convicted of felony violation(s) for which the court may not order a change of name.
prohibit a name change. Becaus the
O P of the ( ) A criminal record was revealed thnt might
s. we are unable to determine whetherta name change can
affected conviction(s) has not been provided or cannot be made. Please provide the subsection(s) of the following crime(s): ______.___
if available.
You are also advised that the above rend n se er band ontained in the files of thesPo and nsylva iaeState Police on comrison of furnished information against a name index an g P
Central Repository - only - and does not preclude the existence of other criminal records which may be obtained in the
repositories of other local, state, or federal criminal justice agencies.
if we may be of any further assistance to you concerning this matter, please contact us at the above address or
telephone number.
Sinfrely. rr
r?
Direc or, Cr na?eords
and Identit ion Division
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
In The Matter Of Petition
For Change of Name
Of Daulton Michael Kuhns
No. 11-8158 CIVIL
ORDER EFFECTING CHANGE OF NAME
M
MM s 'r=
cn r--
- M
c?
cn c
M,
r- - `T ,
lt?
AND NOW, this 15 day of M qr %)h , 2012, on consideration of the
attached Petition of DAULTON MICHAEL KUHNS for change of name, and
upon presentation of proof of publication of notice as required by law, together with
proof that there are no judgments or decrees of record or any other matter of like
character against Petitioners, it is hereby ORDERED that the name of Petitioner,
DAULTON MICHAEL KUHNS is changed to DAULTON RYAN HERSHEY.
By the Court, ?t U V
``
J.
('61 ,0Z A - PPoW'(;Z!9• "Co?sq-
? ;vI?;
lkww d
Del?lpf e
f?-