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Home My WebLink About94-00367 " , , " I'.) , I':, tit, MI: " ,'- ~:f':-,~'" J:' ~ " ,i , " ,I " 'I ;'1 " .~. I'" " " " .j I' " \" " '" ,- ''';) .~ " " , " , 1'1,' " " 'I \, '. "", '" , \ I j'l 1 , " , j; " If' , 'I' , ., " I" , I' ':' " 'I, " )~' J"I J " " " " d , II ',' " " , , II' .. , , . , " " :'1i ;b t~ d~J d ',"~ 'W !t "\' .1 ,', 'I I, " , " " ,I Ii. , , , , I;ll 'i) , ~ll ,-,I I~ , 1\: , I " 1 " 1\; ~ Thu durundftnt I~ enjoined from harftsslnll ftnd stftlklnll the plaintiff ftnd fro. harftsslna thu plftlnt Iff' II family, or her minor children. The defendant Is enjoined from enter/nil thl! plftlnt Iff's place of emp/oyment ftnd the schools and day care facilities of her minor children. The defendftnt Is enjolncd from rCllklvln!!, damallInll, destroylnll 0\' selllni! IIIIY property owned jointly by the parlles or solely by the plftlntlff. This Order shall remain In effuct unt II II finllt order Is entured In this casll. A hearlna shall be held on this matte_~ on the lll~__ day of ..'(/'-~7' 1994, Ilt .2~'___l.m., In Courtroom No. ~), ..." Cumbvr land County Courthouse, Carlisle, Pennsylvania. The plaint I ff mllY proceed in forM m.wJ!U[ic! pendlna ft further order after thll hearing. The Cumherlftnd County Sheriff's Department shall attempt to make service at the plaintiff's request, but slIrvlce may bellccompllllhed under any applicable rule of Civil Procedure. The lIampden Township Police Depllrtment in Cumberland County will be provided with a copy of this Order by the plaintiff's attorneYI the plaintiff 115 responsible for registering certified copies of this Order with the Dauphin County Court /lnd providing II registered copy to the IIl1rrlsburi Police Department In Dauphin County. This Order shill I be enforced by any law enforcement allency whure Ii vlolat Ion occurs by arrest for Ind!rect criminal contempt without warrant upon probllble CIlUlle thllt this Order has becn violated, whether or not the violet Ion Is comml tted In the presence of the pol Ice off leer. In the event that Iln arrest Is made under this section, the defendant shall be taken without unnecessary de IllY before the court that Issued the order. When that court 115 u,navallable, the dllf undan t shall 1,U takuJI beforu the apprupriate diatrict jUIUcu. 123 P.S. . 6113). By tl)e Court, I I \: I I 1 ,t. Iii _-1"~/~;J C',>J.2- ~ / - .. () U ~udlU JLI 1:1. I' j: ,,\ ~~ t II I, 'il '" , , , ' " " " , , " " , " , , I " , ',I " :".1; ,'I ,I. 11\ i' p \ ,I i' III " " " I' I, J'J " ! , , lUlU. V ^. "t:U.~:R, IN nit: COURT C)l1 cn.NlN PU\AS OF CllMllf.Rl.AND COlJNTY, I'f:NNSYI,VANIA C1IVIL ACTION - LAW NO, 3", ') C1IVIL 1994 I'lalntlrf v. I' I i I.' Of'.oIlOF. Ii:. IUlLI.ER, JR., Defendant I'RO'm:TION fROM AIllJSf. I 001 Tl!lf..fQIU:M1'f1,,"'JYIL!I!I>~ 1U!L1f,1/ UNll!'.R 11lli 1'Ilm'F.cTIa. flRtlN AIIlIIII'l At:')'. 23 1'.8. . 6101 et lIeq. AL_ N)!JllH I. The plaintiff II:! an adult Individual whO/Ie permanent address Is 4630 South Cloarvlew Drive, Camp Hili, cumbl'rland County, Pennsylvania, 17011. , , \, Tho defendnnt Iii an adult individual who refllded at 4630 South 2. Clearvlew Drive, Camp HilI. cumberland county, Ponnllylvanla, until January 24. 1994, but whose prescnt whereabouts Is unknown to the plaInt Iff. 3. The defendant Is the husband of thll plaintiff. 4, Since approximately November. 1993, the defendant has attelllpted to cause and hall Intent lonnlly, knOWingly, or recklcssly caused bodily harll, to tho I'lalnt Iff and by phy"lcal menace hall placed the plaint Iff In felir of 1...lnent serious bodily InjulY. This has Included but Is not limited to the followlna specific Instances of abulle~ a. On or about January 24. 1994, the defendant cornered the plaint I ff !\nd her children In the basement wherl! they had gone to get IlWIlY from him nnd screamed Ilt them In a threatenlna IIIIlnner. The defendant repented this behllvlor two more t IIllCII and the third time the plaint iff. fcsrlng for her safety and that of her chIldren. callell her l1lothllr. Whcn thc plaintiff's mother arrived and t'lmfrontll<l lhe defu/\lIRllt, he luft lhll homu Bnd went to stay In a motol. b. On or BI~ut January 16, 1994, lhll defendBnt used his chust to push the plnlnt Iff Into II COl"llel' , Iltood III fn-mt of her and Ilcreamed In her fncu. Whun shu Willi /lblu tll gut IIWIlY, shu fled Into thll blldroom /lnd b/lrrlclldud herself Inside tho nXlm. The defondant threw hlmsel f Ilgainst the door sevel'lll llmel! IrYlng to forco I t open. cl'lIcked lhe door, /In<l lhrealuned to kill hlmse I f. c. On or IIboul January I, 1994, tho defendant grabbed tho plaint iff by her neck with one hon<l and drow back hlB other flllt to punch hur /lnd lhreatened her saying thlngB Including, "I ought to punch Your fucking face in 1i0 no one else will ever want you," and "I ought to kill you." The plaint Iff feared for her safety. d. On or nlxlut Decembul' 24, 1993, tho defendant grabbed the plaintiff /ll~ut her waist to try to keep her from leaving the house with her children. then grabbed her by her arms and pinned them against her side to restl'llln her. The plaintiff got awoy from the defendant, but he pushed her against a wall and restrained her by hOlding his body against hers and h01lllng her In plal;lI wi th his arms framing her In. When the plnlntlff got away from the defendant and ran to her car, he tried to pull the outside mirror off of the car, and when she was able to drive away he followed her In his car. e. In or about late November, 1993, the defendant pulled the telephone cords from the Willi so the plolntlff could not telephone her mother. When the plaintiff tried to leave the house, the dl/fendant hlockud thu doorway with hili body, arabbl/II hur, and pulled her back In!! hte. f. In or about eurly November, IlJ93, tho defllndBnt woke the plBlntlt'r froll her slellP In thu u/lrly hours of the mornlna, llhoved thu bllll rUIKl/ltudly, scruamud at hur, and threatonud her /luver/ll tlmull yell ina. "You de/lerve to dill." The defundant refulled to allow the plaintiff to sleup In an attempt to uxhaullt hur so she could not 110 In to work and would Ill/It! her job. Thu dufllndBnt /lcreaMed at tho plaint Iff, "(10 ahelld Ilnd try to go to work now." 5. Tho pllllnt Iff believe!! und thereforu Ilvers that she III In Immediate and present dllngur of abUse from the defendant should she relll8ln In the holle without defendllnt's uxclusion nnd that IIhe Is In nced of protection from /luch abuse. 6. The pllllntlff duslre/l that thedefendllnt be prohibited from hllvlna any direct or Indirect cont/icl with the plaintiff or her minor children Including, but not limited 10, teluphone und written communlc/ltlons. 7. The plnlntlff de/llru/I that the defendant be enjoined froll hara/llllna and stalking the pllllnllf'f. IInd from hllralllllng the plaintiff's fMlly, or her mlnur children. ll. The plaintiff deslrllll lhat the defllndllOt be restrained from entering her place of empluyment IInd the IIchool/l /lnd duy cllru f/lcllltlell of her minor " , I I children. I), The plnlntiff desires that the defendant be enjoined from removing, damaging, destroying or selling any prolKlrty owned Jointly by the parties or , I SOlllly by the pl/llntlff. , I fi'l 'Ii D, JIXGLVtlIY.li.liQMEflfll!J'l 10. Tho hllll'O from which th~\ plaintiff ili /lllkinll tho Cmll't to uxcludll the dllfendant Is rontlld In Iho namllli of Kill Iy A. Kllllllr /lnd 11001'110 IL Kell"r, Jr. 11. Tho 1lI/llntlff currllntly h/lli no plllco 10llt/ly with hllr children ex copt the lII/1rlt/ll home. Thll dllfendllnt Illft thll home on January 24, 1994. 12. The pllllntit'f d"llln'll pOllllelllllon of the hOllle IlO as tll IIlve the l!reAtellt de(llrec of cuntinulty tu Ihc Ilvullof her chlldron and tu allow them to continue thlllr educatlun III their Mchool>; Ilnd to continue their Mchoolllnd social act Ivl t lell. !; ,-__1ll1l'BlRT l.l. The defend/lnl h/lll /I duty to MUPlxlrt the plaintiff. 14. The dllfend/lnt 1M employ...1 at Continental Press, Inc. in F.II'~abethtown, and hilS IInnUlil s/llllry of $24,000.00. I~. The pllllntiff's income Is Insufficient to provide for her minimal needs unt il Buch time as a support order can be obtained by fllins: at the Domestic: Relations Office. 16. The plaint Iff Intends to pet I t Ion for support wi thin IIYo weeks of the issuance of a protective order. 1J.._,J~JjllB 17. The plaintiff 69ks for /lttorney's fees for LeM/l1 Services, Inc., and flUns: /lnd service fees of this lawsuit pursuant to the Protection from Abu8e Act I 6L qJ!T^'n}:!''nU'll,Q!,'m) J1LfllRltA.. P.NJIIllRIJ! 18. The plaintiff works at Quigley, Associates In Harrisburg, and earl\S an annual salary of $18,000.00, 19. The plulntlff doe~ not huvu fundll uvullahle to pay thu foell for f1l1nl! and sorvlcu or thtll lawllult. 'MfEREt'ORE. purlluant to the provllllunll of the "/'rotectlun frolll Abuao Act" of October 7. 1976. 23 P.S. 8 6101 III 17.M9. . 1111 amended, thll plaintiff praYII thlll Ilonorable Court to ~rllnt the fullowlnll reliefl A. Grant a Tellllxlrllry Order purlluant to thll "Pultoet Ion frolll Abullo Actr" I. Ordering the defendant to ref1'llln from abuslnl! the plaintiff or placing her In fear of abusel 2. Orderlnll the defendl1nt to refrain from havlna any direct or Indirect contact with thtl plaintiff or her minor children InclUding, but not limited to, tulephone and written communlcutlonsl 3. Ordurlng the dtlfulI<lunt to refrain from harallsln~ and stlllklnll thu plaintiff lInd from ha1'llssIna the plaintiff's family and htlr minor chlldrenl 4. Prohihltlng the deftlndant frllm unterlng the plaintiff's place of umplllymunt /lnd the SChllOls and day care faelll ties of her ",lnllr chllrlrenl S. prohlhi t Inl! the defendant from rUlllllvlna. damaging, delltroYlng or lIell in!! property jointly owned by the part 1011 or aolely hy thu pllllntlff, 6. Omnt Ing posl'luss!on of the home locuted at 46.10 South cleoJ'vluw Drive, camp Ifill, cumberll1nd County, Pennsylvania, to the plaint I ff to the exclusion of the defendant pending II flMI order In thlll matter, lInd 7. Ordur I nil thll dul'endnnt to HtllY IlWIlY from any rQsldence the plnlntlff mllY In thu future ustobllsh for hllrsQlf. II. Schedulu a hllorlnll In IlCcorchlllcu with thu provifliona of thu "Protuct Ion from Abuse Act ," and, Ilfter such hellrlnll, enter Iln order to be In dfect for a per 100 of onu yean 1. Orderlnll the dufendllnt to refrain from Ilbuslna the plaintiff or placing her in fear of abuse. 2. Orderlnll the defendant to refrain from havlnlll any direct or Indl rect contact wi th thu plaint Iff or her minor children Includlnhl, but not lilllltud to, telephone and written communlcat Ions. 3. Orderlnhl the defendant to refrain from harasslnlll and stalking the plaintiff and from hllrllsslnll the pllllnliff's family and her minor children. 4. Prohlhitlnhl the defendant from entering the plaintiff's place of umploymunt and the schools and day care faeilH lea of her minor children. 5. I'rohlbl t Ing the defendant from remoVing. dlUllaglna, delltroylnlllll' Be Illng property joint Iy owned by the part lell or solely by the plaintiff. 6. Oranting possession of the home located at 4630 South Clearvlew Drive, Camp lilli, Cumherlllnd county, Pennsylvania, to the plaint Iff to the exclulllon of the defendant. 7. Ordering the defendllnt to stay Away from any residence the plaintiff may In the future estahllsh for herself. Thu abQvo-named plaintiff, Kelly A. Kuller, verifies that the atate..nta lid. In the abQve "'etitlon lire true IInd correct. The plaintiff understands that I ralae atateeents herein lire aade aubject to the ~nllltlus of 18 Pa. C.S. . 4~Q4 relatlna to unsworn flllsiflclltlon to nuthorltlea. IJIle I :-_L::.d6,=1!:L- LL~ Iler, Plaintiff , " , , ,I ,.. " 1 , " " 'I , .,1 " " ','I " " , " , I, , , " ,I " 1'1 ,I , 1 " " 'I' , , , I , 'I " " , i' , I , ~ I :~ Ii 'I ~ " , I :~~'.. , " :c: ,'11 r~ ~ " .:.... .j ., I" ~: ,,' \1, '" ., Q N' ~ ~ r- 'Y\ ,." "~, ~ , 1\ 1 ~ ., I' " 1,,1, , I', , 'i , , , , , ,,,; , , , , , I, ,I ,I i' I I , " ! " 'I " " , , " " 11\ , v. IN THE COURT OP COMMON PLBAS OP CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 367 CIVIL 1994 PROTECTION PROM ABUSB KELLY A. KELLER, Plaintiff aEOROE E. KELLER, JR.. Defendant MOTION FOR CONTINUANCE The plaintiff moves the Court for an Order continulnllenerally the above-captioned case on the arounds that: i. I. A Temporary Protective Order was entered by this Court on January 27, 1994, :, schedulina a hearlnl for Prlday, February 4, 1994, at 1:30 p.m. 2. The plaintiff was advised by the defendant's pastor on Monday, January 31, 1994, that the defendant was a patient at Phil haven mental health facility in Mt. Oretn., Lebanon County, Pennsylvlll1la. On Tuesday, February I, 1994, the defelldlll1t's attendinl psycholoalst told the plaintiff that the defendlll1t would continue II) be a patient at Philhaven throuah Monday, Pebruary 7, 1994, and possibly lonler. 3. On Tuesday, February I, 1994, the defendant's psycholoaist told Leaal Services, Inc. 's slaff that the defendant would benefit by havina the Lebanon Sherifrs Department serve him with the Temporary Protective Order lII1d Petition for Protection From Abuse while he Is a patient at Phllhaven with Sllpport services available to him. 4. The plaintiff requests that an Order be enh!red aenerally continulna this matter to facllilale out-of-county service on the defendlll1t while he Is a patient at Philhaven and to allow the defendant time to secure represenlatlon In this math!r If he wishes. ,I PROTECTION fROM ABUSE, ORD~R FOR CONTINUANCE No. 367 CIVII, 1994 Lobanon, 1'A, t'ebruary ., , 1994 Kf\LLY A. KELLER (RIETlJRN TO ('UMBERI.AND CO. SHERIFF) vs. IN FORMA PAUPERIS OF,ORGP, E. KELLER, JR. OOOOfi(1:~7 STATE OF PENNSYLVANIA } COUNTY OF LEBANON } S81 Ferdinand J. sammer, Peputy Sheriff, being duly sworn acoording to law, doposes and says that he served the within PROTECTION FROM ~USB, ORDIR FOR CONTINUANCE upon GEORGE E. KELLER, JR., the within named DEVBND~, by handing ~ true and attosted copy thereof, personally to him, on February 4, 1994, at 1105 o'clock P.M., nt Phllhavan Hospital, South Butler Road, Lebanon (W. Cornwall 'Np.) / 1.ehanon county, Pennsylvania, and by making known to him the contents of the same. Sworn to and subscribed before me , "SO ~SW~ /JJ ' .,.,&/ D6~~~':;~;H~ 4<~~Jt.;.."", '101 /./J t "If I ,<' ..., I, .." , .,," ,,' . .... " /", ",';" t,to', ,,/'''-'' 4' ,<.- SHE~1FF ( I ,All-OS . this 7th day of february, A.D., 1994 '-- /) J 7fz~~~Y.~<,-",~ .Not.ary Public "1'" I I I' !'", VI' ','I,II1"lll 1',\ " I ' ~ ' "i , ;'1 , SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced oosts paid on Check No. Amount Costs incurrodl IN FORMA PAUPERIS-NO COSTS DUE Amount 18.40 Rofundl CheCk No. Amount 1\11 Sheriff I s Coats shall Pti d\lC and payable when servicos arc performed, and it shall be lawful for him to dcmand and receive from the party instituting the proceedings, or any party liablo for tho costs thereofi all unpaid sheriff's foes on the same before he shall be obligated by aw to make return thereof. ___Boc. 2, I\ct of JUlie 20, 1911, P.L. 1072