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HomeMy WebLinkAbout94-01631 tIJ 4/) & .~ .'~ [I ,) ,. ., , ~; .:' ;f -'<' . MICHELLE R. KRESS, Plaintiff IN 11fE COURT OF cot.M>N PLEAS OF v. CUMBERLAND COUNTY. PENNSYLVANIA ''''31 NO. 94 - CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY DWAYNE E. KRESS. Defendant AND NOW. this TF1oIPORARY PROTECTIVE 0RImR '7.\ \..- 11..,..,IJ .) M day of ~, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Michelle R. Kress, now residing at 650 North College Street, Lot II, Carlisle, CUmberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Dwayne E. Kress, the following Temporary Order is entered. The defendant, Dwayne E. Kress, currently incarcerated in the CUmberland County Prison, Carlisle, CUmberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Michelle R. Kress, or placing her in fear of abuse. The defendant is excluded from the plaintiff's residence located at 650 North College Street, Lot 11, Carlisle, CUmberland County, Pennsylvania, a residence which is owned solely by the plaintiff. 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 $1,000.00 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. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including but not limited to, telephone and written ( . . . communications, except for the limited purpose of discussing the parties' , , !' children. The defendant is enjoined from harassing and stalking the plaintiff and froD harassing the plaintiff's family, or the minor children. The defendant is enjoined from entering the plaintiff's place of employment and the day care facilities of the minor children. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or solely by the plaintiff. Temporary custody of Shane G. Kress and Shannon R. Kress, is hereby awarded to the plaintiff, Michelle R. Kress. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on , the 13 ~daY of April, 1994, at q: .?D ~.. in Courtroom NO.;',! ( CUmberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in foraa pauperis pending a further order after the hearing. The CUmberland County Sheriff's Department shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of Civil Procedure. The Carlisle Police Department will be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall b~ enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt 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 order. When . that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. 8 6113). . Iv ."fj'U~rl ) 1 By the Judge ......' , "',> ..... "-..~ r'" '~r MICHELLE R. KRESS, Plaintiff IN nm COURT OF cot.M>N PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA 1~31 NO. 94 - CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY DWAYNE E. KRESS, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly 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 may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE nns PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR TELEI'tIONE nm OFFICE SET FORTH BELOW TO FIND our WHERE YOU CAN GET LOOAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUN'lY COURTIiOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 t " ,1 MICHELLE R. KRESS, Plaintiff IN 'l1iE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA ftt-31 NO. 94 - CIVIL TERM PROTECTION PROM ABUSE AND CUSTODY DWAYNE E. KRP.sS, Defendant PETITION FOR PROTECTIVE ORDIlR AND CUSTODY RELIEF llNDllR 11fE PROTECl'ION PROM ABUSE ACT, 23 P.S. g 6101 et seq. A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 650 North College Street, Lot II, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is an adult individual who is currently incarcerated in the CUmberland County Prison, Carlisle, Pennsylvania, 17013. 3. The defendant is the husband of the plaintiff and the father of her children. 4. Since approximately December, 1989, the defendant has attempted to cause and has Intent ionally, knowingly, or reckless Iy caused bodily injury to the plaintiff and by physical menace has placed the plaintiff in fear of imminent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a. On or about March 27, 1994, the defendant ripped off the plaintiff's underwear, tried to force her to have sexual intercourse with him, struck her about her head, face, back and shoulder several times with his fist, grabbed her by the neck, and pushed her backward onto the couch. The defendant then grabbed the plaintiff, who had her two year-old baby on ......,.."'......".., her lap, by her feet and pulled her off of the couch onto the floor where she fe lion top of the baby. The defendant kicked the plaintiff In the stomach twice and threatened to kill her. The plaintiff filed a report with the Carlisle Police Department the following day. The defendant was charged with simple assault, arrested, and taken to the CUmberiand COunty Prison. A preliminary hearing was held before District Justice Correal on March 30, 1994, at 10:45 a.m. The charges were bound over for trial. b. On or about March 24, 1994, the defendant siapped the plaintiff across the face, spat in her face twice and kept the plaintiff and her children awake through the night by screaming and yelling at her. c. In or about late August or early September, 1991, the defendant pushed and shoved the plaintiff about when she tried to leave the home, blocked the doorway with his body, grabbed her by her arms, and threw her to the fioor onto her stomach. When the plaintiff tried to get up the defendant kicked her on the right side of her head and face. The plaintiff sustained a bruised, swollen and bloodied eye, a laceration to her face, and a headache and blurred vision for several days as a result of this incident. d. In or about June, 1990, the defendant shoved the plaintiff, who was 7 months pregnant, to the floor, and fell on top of her jamming his knee into her belly. The plaintiff sustained soreness about her abdomen as a result of this incident. e. Since approximately December, 1989, the defendant has abused the plaintiff in ways including but not limited to pushing, shoving, kicking, punching, slapping, and restraining her. Throughout their relationship the defendant demanded that the plaintiff submit to sexual intercourse with him against her will by threatening her with physical violence if she did not comply, then physically abusing the plaintiff if he did not reach orgasm. During these incidents the plaint i ff often sustained bleeding, bruising, and swelling about her genitals as a result of the defendant's mistreatment of her. S. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should he return to the home and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of discussing the parties' children. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's family or the minor children. 8. The plaintiff desires that the defendant be restrained from entering her place of employment and the day care facilities of the minor children. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or solely by the plaintiff. \' ) "" -.;. , , , ( ~ ~., >- . B. EXCLUSIVE POSSESSION 10. The mobile home from which the plaintiff is asking the COurt to exclude the defendant is owned in the name of Michelle R. Kress. 11. The plaintiff currently has no place to stay with her children except the marital home, and the defendant has friends in the area with whom he can stay. 12. The plaintiff desires possession of the mobile home so as to give the greatest degree of continuity to the lives of the children. C. SUPPORT 13. The defendant has a duty to support the plaintiff and the minor chi ldren. 14. The defendant is employed at Varsity Volkswagen in Carlisle, and makes an hourly wage of $6.50. 15. The plaintiff currently has no income to provide for her minimal needs and those of her chi Idren unt i I such time 88 a support order can be obtained by filing at the Domestic Relations Office. 16. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. D. STArns TO PIKY'F.FJ'\ IN FORMA PAUPERIS 17. The plaint i ff does not have funds available to pay the fees for filing and service of this lawsuit. E. 'J'OO'ORARY CUSTODY 18. The plaintiff seeks temporary custody of the following children: NlIIIe Present Residence 6lm Shane G. Kress 650 North College Street, Carlisle, PA 650 North College Street, Carlisle, PA Lot 11 3 years old D.O.B. August 27, 1990 Lot 11 22 months D.O.B. June 2, 1992 Shannon R. Kress Shane O. Kress was born out of wedlock; Shannon R. Kress was not. The children are presently in the custody of the plaintiff, Michelle R. Kress, who resides at 650 North COllege Street, Lot II, Carlisle, CUaberland COunty, Pennsylvania. During the children's lives they have resided with the following persons and at the following addresses: lillB Addresses ~ Plaintiff 650 North College Street, Lot 11 March 28, 1994 Carlisle, PA to the present Plaintiff and 650 North COllege Street, Lot 11 August 27, 1990 defendant Carlisle, PA to March 28, 1994 The mother of the children is Michelle R. Kress, currently residing at 650 North COllege Street, Lot II, Carlisle, CUmberland COunty, Pennsylvania. She is married. The father of the children is Dwayne E. Kress, who is currently incarcerated in the CUmberland County Prison, Carlisle, Pennsylvania. He is married. The plaintiff currently resides with the following persons: H!!II!! Relationship Shane O. Kress Shannon R. Kress her son her daughter 19. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other COurt. 20. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 21. The plaintiff does not know of any person not s party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. . . .- c,_. ....".:f<<...'J.',..~~t,:fj..~;r 22. The best interests and permanent welfare of the children will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter because: a. The plaintiff is a fit parent who can best take care of the children. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the children. c. The defendant has demonstrated by his abuse of alcohol, his violent temper, and erratic behavior that he is unstable and irresponsible as a caretaker for the children. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P.S. ft 6101 et seQ., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protect ion from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff and/or placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or the minor children including, but not limited to, telephone and written communications, except for the limited purpose of discussing the parties' children; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's family and the minor children; 4. Prohibiting the defendant from entering the piaintiff's place of employment or the day care facilities of the minor children; 5. Prohibiting the defendant from removing, damaging, destroying or se I ling property joint ly owned by the part ies or soleiy by the plaintiff; 6. Granting possession of the mobile home located at 650 North College Street, Lot II, Carlisle, CUmberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 8. Granting temporary custody of the minor children, Shane G. Kress and shannon R. Kress, to the plaintiff, and B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff and/or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or the minor children inCluding, but not limited to, telephone and written communications, except for the limited purpose of discussing the parties' children. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's family and the minor children. 4. Prohibiting the defendant from entering the plaintiff's place of employment and/or the day care faci Ii ties of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or sell ing property joint ly owned by the part ies or solely by the plaintiff. 6. Granting possession of the mobile home located at 650 North College Street, Lot II, Carlisle, CUmberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. Granting support to the plaintiff and the minor children in the amount of $50.00 per week payable to the plaintiff in the form of a check or money order, mailed to her residence. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the Carlisle Police Department with jurisdiction to enforce this Order. Respectfully submitted, 00UNl' II CUSTODY UNOOR PmNSYLVANIA CUSTODY LAW 23. The allegations of Count 1 above are incorporated herein as if fully aet forth. 24. The best interest and permanent weifare of the children will be served by confirming custody in the plaintiff as set forth in Paragraph 22 of the Petition. ~RE, pursuant to 23 P.S. g 5301 ~ ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor children to her. The plaintiff prays for such other relief as may be just and proper. Gif? 1-.~ Joan ey Philip C. Briganti Attorneys for Piaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ," The above-named plaintiff, Michelle R, Kress, verifies that the statements made in the above Pet i tion are true and correct. The plaint iff understands that false statements herein are made subject to the penalties of 18 Pa, c.S. I 4904 relating to unsworn falsification to authorities. Date: ,y';lL}/9Y 0?~ch"lOQ ~~, ~ Michel e R. Kress, Pia ntHf :.-."" -t;:_~_j ~ " ~ . ~ ~ .... -=:r >- "'t- t'J'~';: ~~!;.' ;.;:' ..... t..:\ u'" / ~c ..t ,,_ t::'l ~A \' :~i,;.: .'J'. 4. J" ,'01.'-:: .~::q ~. .t \~ - EJi c:l ~ l...; ."t '" ~.' ... ~ ;1' ,-I.' 11 " '. ~,~L"_,,, SHERIFF'S RETURN CCMolONWEAL'llI OF PENNSYLVANIA I COUNl'Y OF CUoIBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-1631 Civil Term Temporary Protective Order Protection from Abuse and Custody Petition for Protective Order and Custody Michelle R. Kress VS Dwayne E. Kress Harry King , ~~~I~ Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, Temporary Protective Order Protection From Abuse that he served the within & Custody, Petition for Protective Order & Custody upon Dwayne E. Kress , the defendant, at 6: 25 o'clock P.M. EST / ~l< on the 31 day of March , 1994 at 730 Franklin Street, Carlisle , Cumberland County, Pennsylvania, by handing to Dwayne E. Kress Temporary Protect~ve Order protect~on ~'rom Abuse a true and attested copy of the'i Custody, Petition for Protective Order ~ Custod and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's CostSI Docketing Service Affidavit Surcharge So answersl r/-M~""-~~~ R. Thomas ine, Sheriff 14.00 2.80 2.00 18.80 ~ by ; Sworn and subscribed to before Ire this _~J ! day of ~ A.D J Deputy Snerif othonotar {J CASH OR NOMINAL BAIL BOND CERTIFICATION OF BAIL AND DISCHARGE POUCl:. CASE NO OJ NO OTN CQMl.lONWlALTU vs (~Idin Name and Adl:teuJ CHAROEl51 CO' TERM. NO 1631 Civil 1994 DATE OF CUARGEtSI lMayne E. Kress 141 N. Bedford St. Carlisle PA 1701 lli ROR (no surety) 0 Nominal Ball o Ball (Iotal amount set, II any) $ o Condllions 01 R,l,ase (aside Irom a"""",1og at court when required.) Defendant shall coop1y with prior Protective Order of O::lurt. O::lntenpt (Violation of Protection from AbuBe Order) DAtE AND '~E 4/28/94 - 9:30 A.M. TO: Iil Delenlion Cente. I hereby cn.tily that sulllclent bail has been entered 13 By the defendant DOn behall 01 the defendant by: (attach addendum, if necessary) SECURITY OR SURETY IIF ANY) o Cash in lull amount of ball o Percentage cash ball o Money furnished by o Defendant o 3rd Party JUDGE OR ISSUING AUTHORITY R>R INtPo" M:t1Jp 0/ &nIrJ ILlane No} . Refund of cash ball will be made within 2C days after final disposition, (Pn.RCr.P.40 15(b)) . Refund of all other types of ball will be made promptly after 20 days following final disposition. (PnRCr,P.4015(a)) . Bring Cash Bail Receipt 10 CIe.k of Coort. Hon. Geo e E. Hoffer DISCHARGE THE ABOVE.NAMED DEFENDANT FIlOM CUSTODY IF DETAINED FOR NO OTIlER CAUSE THAN THE ABOVE STATED. Given under my hand and lhe Olllclnl Seal of this Coort. APPEARANCE OR BAIL BOND THIS BONO tS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES, this 25th day of April ~~f:;R'~ty. . 19-94. (SEAL) Frothy. WE. THE UNDERSIGNED. defendant and surety, our successors. heirs and assigns. aro jointly and severallv bound to pay to the Commonwealth 01 Pennsylvania the sum 01 ROR dolla.s ($ RnR I, SEE REVERSE SIDE FOR BAIL CONDITIONS TO BE USED ONLY FOR PERCENTAGE CASH BAIL: Tho undersigned about to become Surety in the cose cited herein. being duly sworn (or affirmed), deposes and says: 1. I reside at and my occupation is my phone number is _ and I wo.k for 2. I have no undisposed 01 criminal cases against me pending in tho Courts 01 the aforesaid County, except us follows: 3. I am not SUrety on any bond of any kind except as follows: OAll AMOUNT DEFENDANT 4. I have carefully read lhe foregoing olfidavit and know It is true nnd correct I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL The tal/owing (1Clmowlcdgomcnt is also appIicablo . J ~ II """'entago Cash Bail is used, ~~ _1....~ i 51GNATunE. Of O[f[NUANT THIS BOND SIGNED ON ~r 1 25. to..94._ at ;:::'.,~.' ..:., ,('"rUSle,PENNSYLVANIA SicJrled and [Icj.(,nowledgcd before me this 25th ~1yol APril _ (SEAL) (SEAL) ,10-2L Signature 01 Surety (May be /londSmlln, Ba,1 Agency, or priwte indiVIdual CJ( CJ(!JatllrotiellJ, Excepl wher1 delendant is relensed on his own roco!JllizDIlCe (Ron J, this must be si!Jrled ill a" bail situations, itJctudin!J nominal ba,l. ~;~~ Deputy Prothonotary (f/.,.~ s1f.f.&~uf.(-"~:S~ /h /71'/.5 Scnty No a AuIessIorteI fk;rldsmlrI Lc.... No. & Er,pntlon Oafe AOPC .. 13.82 ORIGINAL ') 1- - I "":?> I e.Ml..:l'..t """- CRIMINAL COMPLAINT (POUCE) DISTRICT JUSTICE MAGISTERIAL DISTRICT NO. A 95951 I. PtllR U1tT)' f(..~ 1 ""~..,JJJ. ( 'am'<ifAffl II) ce De rtment ( 'dtntlfj' Jtpanmt'nl or ag&'nc)' rrpm&'nttd and pol/Ileal JlIbcI/ru/ml) COMMONWEALTH OF PENNSYLVANIA DEFENDANT: VS. r Duane Fmiard Kress 141 NBedforcl St ,,; Carlisle Pa 17013 JY,Zttr Cauc,Male,DOB 06-27-65;Jh~ '.-'\~-,~;~Z:~" NAME AND ADDRESS of RS.A. AKA do hereby state: (I) tiC] I accuse the above named defendant. who lives at the address set forlh above or. ~ 0 I accuse an individual whose name is unknown to me but who is described as ,g i ~ ] u ~ o his nickname or popular designation is unknown to me and, Iherefore, I have designated him herein as John Doe: with violating the penal laws of the Commonwealth of Pennsylvania at 650 N Collel!.e St lot #11 (Placr - fW(tIca1 Subdi,(JIon) Carlisle in UJrnberlano County on or about Aoril 24,1994 at 03:13 hrs Participants were ((flllm. .~ft'panlrlpan", pla"'th,lrnames h".. ",/Wl/nR th, nam,a/aba."dqtndant): Duane Edward Kress (2) The acts committed by the accused were: 0 INDIRECT aUNINAL aJNTIEMPT The defendant violated the Order issued under the Protection From Abuse Act in No.94-1631 on April 3th,1994,by the Honorable George E. Hoffer ,Judge , which Order directed the defendant not to: 1 place Nichelle R. Kress in fear of abuse 2 having contact with her 3 refrain from harassing and stalking plaintiff 5 prohibited from rernoving,damaging, destroying or selling property owened by the plaintiff 6 excluded from the plaintiffs residence 7 ordered to stay away from any residence of the plaintiff in that the defendant did go to the plaintiffs residence and damage property of the plaintiff and put her if fear of abuse. all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contmry to the Act of Assembly, or in violation of'10190"';'" .". . and . .' of the Act of :JuriEi'.23~1978'PrOteCtlofi',j'from:Alifuj8:{"; ( Sect/on) ( Sub .!t'l'tlon) or the ~~,,~:r'.'_,:' <.:::"'. : Ordinance of .. 'i" ~,- '~'~'".;_',::::.~;m-:t (Pol/Ileal S"b.dMJ/dn) (3) I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. (4) I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belier. This verification ma e subject to the pcnulties or Section 4904 of Ihe Crimes Code (18 Pa. C. S, ~ 4904) relating to unswo 'Isinc ion to authorities, ,~~.. / . 19 CJ.!:L ....... na"'fI" IrJ Cmnl'lalnunt) AND NOW. on this date verified, and that ther 's , Ii' AOPC 411.86 nHI(~INI\t. ::.l-f lit VIHSf t.!D! f UI; \',.{.I'.'1 I: MJlI i CJOTNOTIS -..-.. "'-..-.--- . --. '-~"'-' f' -~. ,H<;,,; ,~~~ . ". l:OMMONWEALTH OF PENNSYLVANIA D A'.. 0 11J; ~. j eOUNTY OF: CUMUlmLANIl · f1' ~ COMMITMENT ,. """Q (1I,' No IlISTRLCT COURT 09-1-02 OJU"'lIM!' 11or. IlIS1'RIC'I' ,JlJS'I'IGI! I\OIl1m'l' V. MANLOVE ..""..", ISO] NARKET 81' Fo((..t:::J';;#.~ fJ~ '1.~..~71J :'<iIQfiRJ COMMONWEALTH OF PENNSYLVANIA VS. (ChArgo) To ANY AUTHORIZED PERSON of the above named Counly of this Commonwealth: You me hereby commanded to convey and deliver Into the custody 01 the Keeper of the county prison the above named delendant. You, lhe Keeper are required to receive the delendantlnto your custody to be safely kepi by you until discharged by due course 01 law or lor: D A PERIOD OF _ DAYS UNTIL D A HEARING A D A FURTHER HEARING II::: ~ p"",, I] .19# . District Justice My commission expires first Monday I-J-oo SEAL ^OPC 609.90 . . L:OMMONWL"^'- III or I'LNNUYL V^NI^ eC?LJNJ.yo.r:c.._ ._<:~I~IlI~~I~~~I~._._ ... .....1111... u. III STIt I ,:'1' COlllt'l' lI'J-I-lll NOTICE OF PRELIMINARY HEARING . . w IlJfl"","II,'l' COMMONWEALTH OF PENNSYLVANIA 111:;'1'111<:'1' .IUS'I'ICE ItlJlIl':It'1' V. Il^IU,IIVI': .'.."." 1',0'1 N^IIKI':'I' :;'1' pof!.f~~~-P~ '.....lltM"'" -t-.'11, 11\ I O~It]- VS. C\1~ ,^' . oo.JA,,,.[fl!l ~. (Charg") NOTICE TO DEFENDANT A cOlllfllainl has hecnliledl:hmuin{) YOII willi Iho ollonso(s) sol 101111 ahove alld onlho utlm:lloel copy of 1110 COlllflluinl, A p olhnimuy IOmlng on 111050 chmgos ha,; heoll SGhodulocl for: I~ lLm j _..f~ _f?t!!1--=- II you foil 10 (Ipfluar lIllhu Iilllu allll plaGll nlmvl1, a wmrnlll will I III issumllol YOllr arms\. Allho prolimlmuy homln!J YOlllllny: 1, Be reproscnled by cOIIIIsnl; 2. Cross.examlno wilnesses amllllspocl physical evidclnco olloled nnainsl YOII; :\, Call wllnesses on yuur hehalf olher lllan wllnesf,us 10 luslily 10 YOllr uood mpulalioll only, ulll'll evidence UII your hullolf anllleslily; 4, Muke wrillennoles olllln fllOcoudin(J, or lIavll YUlII Gill U IS!!I e1n so, or maim n slllnouroplliG, ~ ~Cl1ani.t J: el~IC r, orel 1110 p cemlinos, If you cDnnol Dlford to hlro Dn allornoy, ono lDY be appointed 10 roproDonl you. Plonoo conlDcltho olllco 01 Ihe district Justice lor addlllonnllnlormallon rCODrdlnu the i1ppolnllllcnl 01 011 ollomoy. If you hnve any queslions, plonso call 1110 above ollieD hllllllJlIialuly, , DIstrict JlIslicu lsslon oxpiro51irsI Montln}' CJt--JRllll"W;. 100 '1 ..(---J-O d SEAl. AOI'C 629 00 . . . 4' IliUM.,.. Ik't' .. COMMONWE^L'III or PENNUYLVANI^ 't~~Nl.~.2r::.~:.~~~IJ,;r~^N~... ,c~~~-.,=, MI"I"~II"1 ,---_.. .....-.. ., '__d".__' PRELIMINARY ARRAIGNMENT NOTICE II I HTllI CT C:OIIII'I' 11'1-1-11;' COMMONWEAL TI-I OF PENNSYLVANIA VS. I lillie' t)~ ~ ({,*1.dtl'l>k laird (Chnroc) YOII nro 110rohy nolifiOlllhnla plolillliflnry 1II1iliUIIIlIOfll will ho hold in 1110 ahovo clIpliofled caso alll10 lollnwin() Iilllu amI plaeu: Dalo: ~ -_._--------------~- -- -- [------ - p~ZU?& /7a/ Tllllo: Alll1e plclhlllnmy nrroi()IIIIlCfll, YOII will hu !Iivcn n copy uf 1110 crilninul complalnl Il1al lias hoofllilod auaillsl YOII, In mllfilion. YOII will ho 1Illvisod of YOlllliUhllOI:llllllsol, YfJIIII iUI II 10 n prolilllinnry 1101llill!l,llfld Il1u ,11I10111I1 mill Iypus 01 hnifllvnifnblo if Yllllr ollonsu is n haifilhlu olloflso, Allho plOlimlmllY aflilIUllllll1f1l. n dale lint/limo will he fixlJlllor y"ur prullllliumy l1unrlll!lamJ YOII will hll uivefl a IIJnsollnblu oppllllllnily 10 posl hail. II hail is olll p051ml, YOlIlIIllY 110 ""nlllliIlOlI accllllliflU 10 law, II you hnvo aflY I)II0slioflS, plcase cOl1lnclll1o 1I110vo ollico inllllot/i:llnly. , Dlslrict Justh:u Iclny -"~ I~ III n ", '-3.- .A_I f _ -.Ill_I" "... f. V" V SEAL ^OI'C 030 00 . AFFIbAVIT RIDER CONTAINING PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF ARREST FOR Duane Edward Kress 141 N Redforn ~t rArliql~ p~ 17011 nnR O~-27-GS On April 24,1994 at 03:13 hrs ptlm Kenneth Gossert and r were dispatched to 650 N College St for a suspicios person in the trailer park which was reported by Mr Weaver owner. Ptlm Gossert arrived at the scene and discovered that Duane Edward Kress had just fled from there dressed in blue jeans and a black leather jacket headed toward B St. Gossert spoke to Michelle R. Kress who reported that Duane Kress was at her residencepounding on the door and broke a window out of the trailer and put her in fear of abuse. r located Mr Kress on B St next to a factory hiding under a tractor trailer in an attempt to elude police in finding him. Kress was placed into custody for violating Protection From Abuse Order No 94-1631 from April 8th 1994 by the Honorable Judge George E. Hoffer. Executed thl:4/f:.~... day {;fA!................ l1..f: [SEAL] f;-:, ."' ""{r'~,'_>f MICHELLE R. KRESS, plaintiff IN THE COURT OF COMMON PLEAS OF 1 1 1 1 1 1 1 1 1 1 CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-1631 CIVIL TERM PROTECTION PROM ABUSE V DWAYNE E. KRESS, Defendant IN RE I CONTEMPT HEARING SCHEDULED & BAIL ORDER OF COURT AND NOW, this 25th day of April, 1994, at 1135 p.m., hearing on the within contempt petition is set for the 28th of April, 1994, at 9130 a.m. Pending same, the defendant is released on his own recognizance on condition that he abide strictly by the protective order entered by Judge Hoffer. By the Court, ~/ld- William I. Gabig, Esquire Sr. Assistant District Attorney Timothy Clawges, Esquire Assistant Public Defender Kevin'A. , , / j Hess, J. CCP :bg (')0 c:"" ,,:C... ~'1O~;-' :r1111"'l-" :r:' ~.., ',', . \,/),' ;;.' ~, -~(' r-....:~. I'~ ~--.o.::; ..,. .....nO..; ~r":'\:r.o ...z;: ,::~rr! ..... -<'" -< s- ~ - C=> U1 <D 5; . ~ MICHELLE R. ItRBSS, I IN TBB COURT OJ' COMMON PLBAB 01' Plaintiff I CUMBBRLAND COUNTY, PENNSYLVANIA I v. I CIVIL ACTION - LAW I I 94-1631 CIVIL TBRM DUANE EDWARD ItRBSS, I Defendant I PROTBCTION I'ROM ABUSB IN RBI INDIRBCT CRIMINAL CONTEMPT ORDBR OF COURT AND NOW, this 28th day of April, 1994, the Defendant, Duane Bdward Kress, having admitted the allegations in the Commonwealth complaint and that he did violate the protective order entered on April 8, 1994, by this Court, the Defendant is found in indirect criminal contempt. The sentence of the Court is that the Defendant is placed on ninety days unsupervised probation. The Defendant shall pay for damage to the rear trailer window of the trailer belonging to the Plaintiff, Michelle R. Kress. By the Court, er, J. Michael S. Schwoyer, Bsquire Assistant Distric~ Attorney Bllen K. Barry, Bsquire First Assistant Public Defender Islr .~. :,'1. 11., i!'-:1,j J.! 'Iii'__.) .1 ,':-; _.:" i-:n~J A'ifi',O\It:'l'l' . HI J ~1 ~ ~. ~Sl \1(1 t,(l I BZ ~dV R, THOMAS KLINE She/Ill HORACE A, JOHNSON Sollcllo. OFFICE OF THE SHERIFF Courl House Carlisle, Pennsylvania 17013 April 29, 1994 Lawrence E. Welker Cumberland County Prothonotary Carlisle, Pennsylvania SUBJECTI Civil Subpoena 1. A4-1631 Civil (1 ) Duane Kress 2.80 v 2. 94-1559 Civil Milton Stackfield (1) 2.80 Total $5.60 RONNY R, ANDERSON Chlel Deputy AUDREY Q, ADAMS Reel Eelate Daputy So answers I /./ 1~. <~,J;~# /,.;:",' '. ,,' . / . R. Thomas Kline, Sheriff , i 'J " I , ! , ~ , ,..-.":',.....""', . '" ,.,.. .'~~--~" .-. -. . . . MICHELLE R. KRESS, Plainti ff IN TIlE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 1631 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY DWAYNE E. KRESS, Defendant AND NOW. r:1 ~ PRLYrECTIVE ORDER this ~ day of April, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Dwayne E. Kress, is enjoined from physically abusing the plaintiff, Michelle R. Kress, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to telephone and written communi cat ions, except for the I imi ted purpose of discussing the part ies' chi ldren. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's family and the minor children. 4. The defendant is prohibited from entering the plaintiff's place of employment and the day care facilities of the minor children. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owne~ by the parties. 6. The defendant is excluded from the plaintiff's residence located at 650 North College Street, Lot II, Carlisle, CUmberland County, Pennsylvania. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. 8. The defendant is ordered to pay interim support to the plaintiff and the minor children in the amount of $50.00 per week payable to the plaintiff in W:;,;;;;~";.;';'.",,-<__,>~ ~ the form of a check or money order by mail pending the entry of an order by the CUmberland County Domestic Relations Office. 9. This Order shall remain in effect for a period of one year. 10. The Carlisle Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt 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 order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. g 6113). By the Court, <>~ c:: -... ~w~;'t ~ 3r;~ :~ ~.."c' , ,._'%_fO ..:(',;I-X.-": )..(")O~l .#--.':1':(") ~c:\..,,., :r -. ....;.~ -<... =- .... ... co N en --:;, ::lC - c.o ... MICHELLE R. KRESS, Plaint iff IN TIlE COURT OF CXMttON PLEAS OF Defendant CUMBERLAND COUNTY. PENNSYLVANIA NO. 94 - 1631 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY v. DWAYNE E. KRESS, AND NOW, 9t k. CUSTODY 0RDIlR this ~ day of April. 1994, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children, Shane O. Kress and Shannon R. Kress. I. The plaintiff, Michelle R. Kress, shall have primary physical and legal custody of the parties' children. 2. The defendant, Dwaye E. Kress, shall have supervised visits with the children on dates and at times as scheduled through the Carlisle YWCA's supervised visitation program. 3. This Order shall remain in effect until either party petitions to have it changed. offer, Judge .... ~ "" c ~., ... .-: "'tl~ :~. '.:'r.:,r' _. :"t:.- , .r!. .' , "',. -'J: -.... c.:ci.:J.;~ V'(,n _ .1'",%(") ....)~ '.'" wi ;.c'IO -<". .co<( co N 0'1 -'" ::s:: - ~ &1.@~ ()~ '.....: _.._,;...,..,-;-.,,,,,,..j~,'- I:':;':'-:;Z:~. "';""-'~'!.o- ...> "\-~ MICHELLE R. KRESS. Plaintiff IN TIm COURT OF CXlMI<<>N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant NO. 94 - 1631 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY DWAYNE E. KRESS. CONSENT AClJlTmlPNl' This Agreement is entered on this ~~ day of April, 1994, by the plaintiff, Michelle R. Kress, and the defendant. Dwayne E. Kress. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but Is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Dwayne E. Kress, agrees to refrain from abusing the plaintiff, Michelle R. Kress, and/or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff inclUding, but not I imi ted to, telephone and written communications, except for the limited purpose of discussing the parties' children. 3. The defendant agrees not to enter the plaintiff's place of employment or the day care facilities of the minor children. 4. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiff's family and the minor children. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 6. The defendant agrees to stay away from the plaintiff's residence located at 650 North College Street, Lot 11, Carlisle, Cumberland County, Pennsylvania. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself. except for the limited purpose of transferring custody. 8. The defendant agrees to pay interim support to the plaintiff and the minor children in the amount of $50.00 per week payable to the plaintiff in the form of a check or money order by mail pending the entry of an order by the CUmberland County Domestic Relations Office. 9. The defendant, al though entering into this Agreement, does not admit the allegations made in the Petition. 10. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 11. The defendant understands that this Order shall be enforceable in the same manner as the Court's prior Temporary Protect ive Order entered in this case. 12. The defendant and the plaint iff agree to the entry of a CUstody Order providing for the following custody schedule for their children. Shane G. Kress and Shannon R. Kress. a. The mother shall have primary physical and legal custody of the chi Idren. b. The father shall have supervised visits with the children on dates and at times as scheduled through the Carlisle YWCA's supervised visitation program. WHEREFORE, the parties request that Protective and Custody Orders be S'~~4.'; entered to reflect the above terms. ,tL.,~.t:~ Dwaye E. Kress Defendant for Plaintiff LEGAL SERVICES. INC. 8 Irvine Row Carlisle. PA 17013 . .~t~,'" ~ i'