HomeMy WebLinkAbout94-01584
~
,.>1.
~E.
..,'
;~
.. c
, ~
~
! ~
ti\)
.
r
,
JI
,
J'
, I
; . I
, '
.
.
:::r-
Oo
\.()
-
.
.
IlOBBIB JO ZUOIERJlAN, . IN THE COURT OF CONNON PLEAS OF
.
a .inor b1 her guardian, .
.
Paula Ziaaeraan. . ctlJIIlBRLAND COUNTY, PENNSYLVANIA
.
Plaintiff .
.
. CIVIL ACTION - LAW
.
.
. NO. 94 - 158 tj CIVIL TKRJI
.. .
.
:
Keith A. McKeehan , . PROTECTION FROM ABUSE
.
Defendant .
.
AND NOW, this
TIlJIPORARY PROTECTIYK OBDKR
30fll
day of March, 1994, upon presentation and
conaideration of the within Petition, and upon finding that the plaintiff,
Bobbie Jo Zim.erman, now residing at 125 AA, R.D.'2, Newville, Cu.berland
County, Pennsylvania, is In im.ediate and present danger of abuse fro. the
defendant, Keith A. McKeehan, the following Te.porary Order is entered.
The defendant, Keith A. McKeehan, now residing at 235 Spring View Road,
Carlisle, Cumberland County, Pennsylvania, is hereby enjoined fro. physically
abusing the plaintiff, Bobbie Jo Zimmerman, or placin, her in fear of abuse
and is ordered to stay away from the re~idence located at 125 AA, R.D.I2,
Newville, Cu.berland County, Pennsylvania, a residence which is jointly owned
by the plaintiff's parents, Robert, Jr. and Paula Zim.er.an. The defendant is
hereby notified that if he resides in the plaintiff's do.icile contrary to
this Order, he .ay be in indirect criminal contempt which is punishable by a
fine not to exceed $1,000.00 and/or by a sentence of up to six aonths in jail
and any other appropriate punishment. Resu.ption of co-residence on the part
of the plaintiff and the defendant shall not nullify the provisions of the
court order directing the defendant to refrain fro. abusing the plaintiff.
The defendant is ordered to refrain fro. having any contact with the
plaintiff including, but not limited to, restraining the defendant fro.
entering the plaintiff's school or her place of e.ploy.ent, fro. stalking the
plaintiff, or fro. harassing the plaintiff or the plaintiff's relatives.
.,/.-,)-.\
.",i.......
'<.-'#:-(";:'::-,7'/ -
'''.';J'
This Order shall
re.ain in effect until a final order
7'P--
is entered in this
day of Oh.uJ.
I
CU.berland County
case. A hearing shall be held on this .atter on the
, 1994, at ~ :)0 1/>... in Courtroo. No.2,
(
Courthouse, Carlisle, Pennsylvania.
The eu.berland County Sheriff's office shall atte.pt to .ake service at
the plaintiff's request, but service .ay be acco.plished under any applicable
rule of Civil Procedure.
The Carlisle and Pennsylvania State Police Depart.ents will be provided
with a copy of this Order by attorneys for plaintiff. This Order shall be
enforced by any law enforce.ent agency when a violation occurs by arrest for
indirect cri.inal conte.pt. The arrest .ay be without warrant upon probable
cause that this Order has been violated, whether or not the violation is
co..itted in the presence of the police officer. In the event that an arrest
is .ade under this section, the defendant shall be taken without unnecessary
delay before the court that issued the Order. When that court is unavailable,
the defendant shall be arraigned before the appropriate district justice. (23
Pa.C.S.A. Section 6113).
By the Court,
n~ ;:.!=
S_ =a
~c::-..,-of .
~Ult"l::
:':::l~;'~:~"
.....:..
~~c;~: :=;
;:<'"~c-.,,::
:':'.:':::0 '1:.-,
;-~~rn
-f'-
-c",
-c c.O
~
J.
.
DODDI E JO ZI _II AN , . I N THE COURT OF a>>K>N PLIWI OF
.
a ainor b,. her ll\IAI'dilUl, .
.
Paula Zl_l'II8Il, . CUJlBlBLAND COUNTY, PENNSYLVANIA
.
Plaintiff .
.
. CIVIL ACTION - LAW
.
.
. f5 'By CIVIL TIlIJI
Y. . NO. 94 -
.
.
.
Keith A. J(cKeehan , : PROI'BCTION FROM ABUSE
Defendant .
.
NOTICE
You have been sued in court. If you wish to defend against the claias
set forth in the following pages, you aust take action proaptly after this
Petition, Order and Notice are served, by appearing personally or by attorney
at the hearing scheduled by the Court and presenting to the Court your
defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the Court aay proceed without you, IUId a Judgaent
aay be entered against you by the Court without further notice for any aoney
claimed in the Petition or for any other claim or relief requested by the
plaintiff. You aay lOBe money or property or other rights important to you.
YOU SHOULD TAU THIS PAPER TO YOUR LA1IYKR AT ONCE. IF YOU 00 NOT RAVE A
LA1IYKR OR CANNOT APFOIlD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH DELOW TO
FIND OUT 1fHIlRE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR, 4TH FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
.
.
IlOBBI E JO Z llOIEIIMAN , . IN mE OOURT OF 0lIII0N PLEAS OF
.
a .inor b1 her guardian, .
.
Paula Zi_I'MD, . CUJlBlBLAND COUMTY, PENNSYLVANIA
.
Plaintiff .
.
. CIVIL ACTION - LAW
.
.
. , 5 '8 // CIVIL TERM
Y. . NO. 94 -
.
.
.
Keith A. McKeehan , . PIlO'I'ECTION FROM ABUSE
.
Defendant .
.
PETITION FOR PIlO'I'ECTIVE ORDER
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT. 23 Pa. C.S.A. Section 6101 et. sea.
A. ABUSE
1. Paula Zi..erman is bringing this action on behalf of her daughter,
Bobbie Jo Zimmer.an (hereinafter the plaintiff) whose address is 125 AA,
R.D.,2, Newville, Cumberland County, Pennsylvania, 17241.
2. The defendant is an adult individual residing at 235 Spring View
Road, Carlisle, Cumberland County, Pennsylvania, 17013.
3. The defendant has had an intimate relationship with the plaintiff.
4. Since approximately September 1993, the defendant has attempted to
cause and has intentionally, knowingly, or recklessly caused bodily injury to
the plaintiff and by physical .enace has placed the plaintiff in fear of
im.inent serious bodily injury. This has included but is not li.ited to the
following specific instances of abuse:
a. On or about March 23, 1994, the defendant dragged the plaintiff out
of her car, threw her on the ground, and kicked her in the stomach. The
defendant dragged the plaintiff across a blacktop driveway, into the house,
and repeatedly punched her in the face and head.
He then dragged her into
another part of the house and punched her in the back as the plaintiff pleaded
with hi. to stop. The defendant then went outside for a few minutes, and when
he returned to the house, threatened that if the plaintiff tried to leave, he
<"--<_.:---
'c' ;~~~<;#{J1\W
"'!.-
, '.
would break both of her legs.
Later when the defendant left the residence,
the plaintiff packed her belongings and left the residence. The plaintiff
sought .edical attention fro. Dr. Townsend at the Grahaa Medical Clinic.
Since the plaintiff left, the defendant has called the plaintiff's
girlfriend and threatened that if she doesn't return to hi., he will break
both of the plaintiff'a legs and they (the plaintiff and the defendant) will
disappear. The plaintiff fearing for her safety reported this infor.ation to
the Pennsylvania State Police, and a warrant for the defendant's arrest has
been issued.
b. On or about February 20, 1994, the defendant threatened to "beat the
hell out" of the plaintiff. The defendant then encircled the plaintiff with
his ar.s while she was sitting on a couch. When she tried to atruggle free,
they both fell to the floor. The defendant's brother entered the roo. and
distracted the defendant causing him to let go of the plaintiff. The
plaintiff ran to a sliding glass door and grabbed the door handle with both
her hands to open it. But before she was able to open it, the defendant
wrapped his ar.s around her waist and forcefully pulled on her body causing
the door handle to come off of the door. The defendant pulled the plaintiff
to the floor, sat on top of her, and repeatedly slapped her across the face.
The defendant went upstairs and returned a few minutes later. As the
plaintiff was lying on the bed, the defendant sat on top of her sto.ach, held
her to the bed, and forcefully slapped her in the face causing a large bruise
on her cheek. The defendant then got up and left the roo..
c. Since Septe.ber 1993, the defendant has on several different
occasions grabbed, shoved, thrown, restrained, punched, slapped, and kicked
the plaintiff. The defendant has also made threats to the plaintiff which
include, but are not limited to, the following: "I'll break your legs if you
leave, and "I'll kill you and throw your remains in the feed grinder and no
one will ever find you."
6. On or about March 23, 1994, the plaintiff left her residence at 236
Spring View Road, Carlisle, Cumberland County, Pennsylvania in order to avoid
further abuse.
6. The plaintiff believes and therefore avers that she will be in
immediate and present danger of abuse fro. the defendant and she is in need of
protection from such abuse.
7. The plaintiff desires that the defendant be ordered to refrain from
having any contact with her including, but not limited to, entering her place
of employment and school, fro. stalking the plaintiff, and from harassing the
plaintiff or her relatives.
B. KXCLUSIVI POSSESSION
8. The ho.e which the plaintiff is asking the Court to order the
defendant to stay away from is owned in the names of the plaintiff's parents,
Robert, Jr. and Paula Zimmerman.
9. The defendant has his own residence located at 236 Spring View Road,
Carlisle, Cumberland County, Pennsylvania.
C. LOSSES AllD A'l'TORNK'{ FIllS
10. The plaintiff has suffered losses as a result of the abuse by the
defendant. The plaintiff sought medical attention which cost her $60.00
because of the incident on or about March 23, 1994.
11. The plaintiff asks that the defendant be ordered to pay reasonable
attorney fees and the costs of filing and service of this lawsuit pursuant to
the Protection fro. Abuse Act.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act"
of October 7, 1976, 23 Pa.C.S.A. Section 6101 ~ ~., as amended, the
plaintiff praya this Honorable Court to grant the following relief:
A. Grant a Te.porary Order pursuant to the "Protection fl'O. Abuse Act":
1. Requiring the defendant to refrain fro. abusing the
plaintiff or placing her in fear of abuse.
2. Requiring the defendant to refrain fl'O. having any
contact with the plaintiff including, but not li.ited to, restraining
the defendant fro. entering the plaintiff's place of e.ploysent or
school, fro. stalking the plaintiff, and fro. harassing the plaintiff or
her relatives.
3. Ordering the defendant to stay away fro. the residence located
at 125 AA, R.D.I2, Newville, Pennsylvania.
4. Ordering the defendant to stay away fro. any residence
the plaintiff .ay in the future establish for herself.
5. Ordering the defendant to refrain fro. destroying or daaaging
any property owned by the plaintiff or any property owned Jointly by the
parties.
B. Schedule a hearing in accordance with the provisions of the
"Protection fro. Abuse Act," and, after such hearing, enter an order to be in
effect for a period of one year:
1. Requiring the defendant to refrain fl'O. abusing the
plaintiff or placing her in fear of abuse.
2. Requiring the defendant to refrain fro. having any
contact with the plaintiff including, but not li.ited to, restraining
the defendant fro. entering the plaintiff'a place of e.ploysent or
school, fl'O& stalking the plaintiff, and fro. harassing the plaintiff or
her relatives.
3. Ordering the defendant to stay away fro. the residence located
at 125 AA, R.D.,2, Newville, Pennsylvania.
4. Ordering the defendant to stay away froa any residence the
plaintiff aay in the future establish for herself.
5. Ordering the defendant to refrain froa destroying or daaaging
any property owned by the plaintiff or any property owned jointly by the
parties.
6. Ordering the defendant to reiaburse the plaintiff $50.00 for
the out-of-pocket aedical expenses she incurred as a result of the
incident on or about March 23, 1994.
7. Ordering the defendant to pay reasonable attorney fees and the
costs of filing and service of this lawsuit pursuant to the Protection
for Abuse Act.
The plaintiff further asks that a copy of this Petition and Order be
delivered to the Carlisle and Pennsylvania State Police Departaents as the
Police Departaents with jurisdiction to enforce this Order.
The plaintiff prays for such other relief as aay be just and proper.
Respectfully subaitted,
~
o Carey
Attorney for Plai iff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
-.. '..- ,~..~.",_..,~,~....-..........-,,,,,,~ - ~.'~;...:.~;.;..:<..,;.. ::;)'-~ oW,.. .,i::~.
~ ' ,,-..
,....~.~.
~
.
.
The above-naaed plaintiff, Bobbie Jo Zi..eraan, verifies that the
statesents sade in the above Petition are true and correct. The plaintiff
understands that false statesents herein are sade subject to the penalties of
18 Pa, C. S. Section 4904 relating to unsworn falsification to authorities.
Date: 3-QCr-Q,-\
'--
Plaintiff
, ,
-
.. ,,~.<~"", .,........,:.' . _..";'-
~
tv)
.0
(;0<::,
1\.
-C 4.1
3 ~
~.
:t-
\
..
-:r
en
-
8
b
.....,
'"'
~
>->-
"'....
~z
UJ~..t":'l:!
u%o--
k:oc:t
h..:r;.O:;:'
o.....--J
I ,""::i>-
LAJ "~.-..;Vl
~~ ~.::-:~~
. ",(,I"
- ~..~- u_
.- ::i
~(..')
C)
::r-
~
lr)
r.:l
l.t)
o
()
o
l.r)
Vi
::J-
.....
::c
u-
~
III
N
.'!'
" ,
..l!.
;.,
" ;' j~, :!
I ~ '
"j I..
. .'i,
!
1.1.
.,
'~'.'l,
SHERIFF'S RETURN
cx:MMONWEI\L'lli OF PENNSYLVANIA,
COUNI'Y OF ClMBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-1584 Civil Term
Temporary Protective Order
Protection From Abuse Notice and
Petition for Protective Order
Bobbie Jo Zimmerman, a minor by
her guardian, Paula Zimmerman
VS
Keith A. McKeehan
i
I
1
,
I
I
I
i
I
Michael Barrick
, lf~U~Deputy Sheriff of
CUnberland County, Pennsylvania, who being duly sworn according to law, says,
Temporary Protective Order Protection From Abuse
that he served the within Notice and Petition for Protective Order
upon
Keith A. McKeehan
, the defendant, at
3:50
o'clock
P.M. EST / ~ on the
30
day of
March
, 1~4 at
Cumberland Coun ty Prison, Claremon t Rd., Carl isle , CUnberland County,
Pennsylvania, by handing to Keith A. McKeehan
Temporary Protect1ve OrCler proteC1:10n t"rom Abuse
a true and attested copy of the Notice and Petition for Protective Order,
and at the same ttme directing
his
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs,
Docketing
Service
Affidavit
Surcharge
14.00
2.80
So answers,
~~-<~
2.00
18.80
R. Thanas Kline,
j
I
!
Sworn and subscribed to before me
this (p-~t day of ~
~9c,4 'J
/
\
........,,_.....
,
Bobbie Jo Zimmerman
a minor by her guardian,
Paula Zimmerman,
: IN THE COURT OF COMMON PLEAS OF
:
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
va.
:
: NO. 94 - 1684 CIVIL TERM
Keith A.
McKeehan, :
Defendant : PROTECTION FROM ABUSE
_~PROTECTIVE ORDER
NOW, this ~ day of April, 1994, upon consideration
AND
of the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, Keith A. McKeehan, is enjoined from
physically abusing the plaintiff, Bobbie Jo Zimmerman, or from
placing her in fear of abuse.
2. The defendant, Keith A. McKeehan, is hereby ordered to
stay away from the premises located at 125-AA, R.D.12, Newville,
Pennsylvania. The defendant is hereby notified that if he
resides in the plaintiff's domicile contrary to this Order, he
may be in indirect criminal contempt which is punishable by a
fine not to exceed $1,000 and/or by a sentence of up to six
months in jail and any other appropriate punishment. Resumption
of co-residence on the part of the plaintiff and defendant shall
not nullify the provisions of the court order directing the
defendant to refrain from abusing the plaintiff.
3. The defendant, Keith A. McKeehan, is ordered to stay
away from any residence the plaintiff may establish for herself
in the future.
4. The defendant is ordered to refrain from having any
contact with the plaintiff including, but not limited to,
,
I
. !
" "
';',
I
f.
! ..<
j~~'
~ .:
i'tz:;:':.
" i, I
\>f; ,
rh' J I
' 1'1
'11
'," I
'\ I
,
entering the plaintiff's place of employment or school.
5. The defendant is ordered to refrain from stalking or
harassing the plaintiff or from harassing her relatives.
6. The defendant is ordered to reimburse the plaintiff
$50.00 for the out-of-pocket medical expenses she incurred as a
result of the incident on or about March 23, 1994. The
defendant shall pay the plaintiff within ten days after the entry
of this Order.
7. The defendant is ordered to pay to the plaintiff $64.30
for the cost of filing and service of this lawsuit. The
defendant shall pay the plaintiff within ten days after the entry
of this Order.
8. The defendant is ordered to refrain from destroying or
damaging any property owned by the plaintiff or any property
owned jOintly by the parties.
9. This Order shall remain in effect for a periOd of one
;, '~'
r;~,:,;~.3
f-}r::~:!:
~i;:':~~;i.
fC~J
, ,j
'--':J
\"--'{
"1
I'
I
year.
10. The Carlisle and Pennsylvania State Police Departments
will be provided with a copy of this Order by attorneys for
plaintiff. This Order shall be enforced by any law enforcement
agency when a violation occurs by arrest for indirect criminal
contempt. The arrest may be without warrant upon probable cause
that this Order has been violated, whether or not the violation
is committed in the presence of the police officer. In the event
that an arrest is made under this section, the defendant shall be
taken without unnecessary delay before the court that issued the
!
,;
j
I
I
" 't!tjy.-...",.'.........."..".,.,
Order. When that court is unavailable, the defendant shall be
taken before the appropriate district justice. (23 P.S. Section
8113) .
By the Court,
J.
..,' 1 """r)'i~3.!
"li'\' ,. '.. '\"1" ,~nl)
l.JlH.~'O 11!1:, ~,:-;) , lO
l\IV1.=.NO\<'~:" :'~ '_~ I. .
~ 3~I;J'"
~~, ~~ Zo m ~2 lId~
L,,-..,".,
Bobbie Jo Zimmerman . IN THE COURT OF COMMON PLEAS OF
.
a minor by her guardian, :
Paula Zimmerman, . CUMBERLAND COUNTY, PENNSYLVANIA
.
. CIVIL ACTION - LAW
.
va. :
. NO. 94 - 1684 CIVIL TERM
.
Keith A. McKeehan, .
,
Defendant . PROTECTION FROM ABUSE
.
CONSENT
AGREEMENT
on this J 5" c4- day of Apri 1,
This Agreement ia entered
1994, by the plaintiff, Bobbie Jo Zimmerman, and the defendant,
Keith A. McKeehan. The plaintiff is represented by Joan Carey of
Legal Services, Inc.; the defendant is represented by Charles
Rector of Costopoulos, Foster & Fields. The parties agree that
the following may be entered as an Order of Court.
1. The defendant, Keith A. McKeehan, agrees to refrain from
abusing the plaintiff, Bobbie Jo Zimmerman, or from placing her
in fear of abuse.
2. The defendant agrees to refrain from having any contact
with the plaintiff, including but not limited to, entering the
plaintiff's place of employment or school.
3. The defendant agrees to refrain from stalking or
harassing the plaintiff or from harassing her relatives.
4. The defendant agrees to stay away from the residence
located at 125-AA, R.D.. 2, Newville, Pennsylvania.
5. The defendant agrees to stay away from any residence the
plaintiff may establish for herself in the future.
6. The defendant agrees to reimburse the plaintiff $50.00
for the out-of-pocket medical expenses she incurred as a result
of the incident on or about March 23, 1994. The defendant agrees
to pay the plaintiff within ten days after the entry of the
Protective Order.
7. The defendant agrees to pay to the plaintiff $64.30 for
the cost of filing and service of this lawsuit. The defendant
agrees pay the plaintiff within ten days after the entry of the
Protective Order.
8. The defendant agrees to refrain from destroying or
damaging any property owned by the plaintiff or any property
owned jointly by the parties.
9. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
10. The defendant understands that the Protective Order
year.
entered in this matter shall be in effect for a period of one
11. The defendant understands that this Order will be
enforceable in the S6me manner as the Court's prior Temporary
Protective Order entered in this case.
WHEREFORE, the parties request that the Order of Court be
entered to reflect the above terms.
~
Keith A. McKeehan
Defendant
,/
I;-~
Joan C
Philip C. Brigan i
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
/ ~t k2~
Charles ReCtor
-Attorney for Defendant
Costopoulos, Foster & Fields
831 Market Street
Lemoyne, PA 17043
(717) 761-2121
...
t~
"(
~~
....
\, ,. " II'" .~
" t ,..
,
" .. ( " ..... . " , ,. "
rf"~;n;
'J1 1..\1
I' 'J
"HI
1'/1'1.,
I ,~: "'n~
. i.'"
i\.'
1
'{
<::.J
"
" ..
',"
j.'
'.,.,.
';"
,\ ,.,
h
,F
n
i.... ".f."
"
, ,
.1,..<'
'I "
, "~- \ ;
, '. . . . ;.q, 'D(.; ~'" ~_A
! " " " , I ut,: ... ,.
.Jh.
''<1. .
~} !.
(.(
~ ,
,f
.'
,', ~
'., ^- 'li.i
,.,j