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HomeMy WebLinkAbout94-01800 ~ o " 0'11 .if --- - ~i I I . of) .'7 '-I ~~ 4V . l . ~ I ~! . J: ; . . '. t . r i o 0: 001 i -I .- CJ . -z1 \ Kerd L. Diehl, PlainUff IN TilE COURT OF COMMON PLKAS OF . . : CUMBERLAND COUNTY, PENNSYLVANIA . . v. NO. 94 - l;r~ CIVIL TERM . . Steve J. Kilgore, Defendant : PROTECTION FROM ABUSE AND NOW, this ~tPORARY PROTECTIVE ORDER ~ day oC April, 1994, upon presentation and consideration of the within Petition, and upon Cinding that the plaintiff, Kerri L. Diehl, now residing at 124 Meadow Drive, Shippensburg, Franklin County, Pennsylvania, is in immediate and present danger of abuse Crom the defendant, Steve J. Kilgore, the following Temporary Order is entered. The deCendant, Steve J. Kilgore, now residing at 172 Foxhill Road, Newburg, Cumberland County, Pennsylvania, is hereby enjoined Crom physically abusing the plaintiCC, Kerri L. Diehl, or placing her in fear oC abuse and is ordered to stay away from the residence located at 124 Meadow Drive, Shippensburg, Franklin County, Pennsylvania, a residence which is jointly leased solely by the plaintiCf. The deCendant is hereby notified that if he resides in the plaintiCf's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a Cine not to exceed $1,000.00 and/or by a sentence oC up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintifC and the defendant shall not nullify the provisions of the court order directing the deCendant to reCrain from abusing the plaintiCC. The deCendant is ordered to reCrain Crom having any contact with the plaintiCC except to facilitate custody oC their minor child. The deCendant is ordered to reCrain Crom entering the plaintiCC's place oC employment, Crom stalking the plaintiCC, or Crom harassing the plaintiff or 'v"",. her relatives. The defendant is ordered to refrain froB daaaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. This Order shall reaain in effect until a Cinal order is entered in this case. A hearing shall be held on this Batter on the 19~ day of April, If ',0" /1 i N - C bid C t 1994, at u v .a. n Courtrooa o.~, ua er an oun y , Courthouse, Carlisle, Pennsylvania. The plaintifC may proceed in fQrmB nauneris pending a further order after the hearing. The Cusber1and County Sheriff's office shall atteapt to sake service at the plaintiff's request, but service may be accomplished under any applicable rule of Civil Procedure. The Shippensburg University and Pennsylvania State Police Departsents 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 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, vD~ Kerri L. Diehl, . I N TIlE COURT OF COIOION PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . . . T. . NO. 94 - CIVIL TERM . SteTe J. Kilgore, . PROTECTION 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 may proceed without you, and a judgaent may be entered against you by the Court without further notice for any aoney claiaed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights iaportant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBilR: (717) 240-6200 ,-......-- .f \ Kerd L. Diebl, Plaintiff IN THE COURT OF COMMON PLEAS OF , ., .I .; . j I . . : CUMBERLAND COUNTY, PENNSYLVANIA . . . . v. NO. 94 - CIVIL TIRJI , ,. i . . Steve J. Kilgore, Defendlll\t : PROTECTION FROM ABUSE . . PETITION FOR PROTKCTIVE ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT. 23 Pa. C.S.A. Section 6101 et. sea. A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 124 Meadow Drive, Shippensburg, Franklin County, Pennsylvania, 17257. 2. The defendant is an adult individual residing at 172 Foxbill Road, Newburg, CUmberland County, Pennsylvania, 17240. 3. The defendant is father of the plaintiff's child. 4. Since approximately September 1991, the defendant has attempted to cause and has intentionally, knowingly, or recklessly 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 30, 1994, the defendant pushed the plaintiff into a chair, put both his hands on the plaintiff's shoulders restraining her, grabbed her around the neck, and forcefully pushed her and the chair against a wall causing the plaintiff to fear for her safety. When the plaintiff tried to get up off of the chair to leave, the defendant pushed her in the chest causing her to fall onto the floor. The defendant kicked her in the shin causing her to have two bruises. When the plaintiff tried to leave the residence, the defendant pushed her back into the house. She struggled free t and ran outside to a neighbor's house. b. In or about August 1993, the defendant yelled at the plaintiff, pushed her, and threatened to kill her. c. In or about April 1993, the defendant forcefully pushed the plaintiff against a bedroom wall and choked her causing her to have a sore neck. d. Since approximately September 1991, the defendant has on several different occasions threatened to kill the plaintiff and her fsaily. On one occasion, the defendant kicked the plaintiff in the head. 5. The plaintiff believes and therefore avers that she will be in i.mediate and present danger of abuse from the defendant and is in need of protection from such abuse. 6. The plaintiff desires that the defendant be ordered to refrain fro. having any contact with her except to facilitate custody of the minor child. 7. The plaintiff desires that the defendant be ordered to refrain fro. entering her place of employment, from stalking the plaintiff, and from harassing the plaintiff or her relatives. 8. The defendant is ordered to refrain from damaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. 9. The home which the plaintiff is asking the Court to order the defendant to stay away from is rented in the name of the plaintiff. 10. The defendant has a separate residence located at 172 Foxhill Road, Newburg, Pennsylvania. B. ATTORNEY FEES 11. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees pursuant to the Protection from Abuse Act. C. STATUS TO PROCEED IN FORMA PAUPERIS 12. The defendant is employed at Raskas Cheese Products and has a monthly gross salary of approximately $1,701.00. 13. The plaintiff is employed at Reisner Hall, Shippensburg University and has a gross monthly salary of approximately $1,284.00. 14. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection froll Abuse Act" of October 7, 1976, 23 Pa.C.S.A. Section 6101 et ~., as aaended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act": 1. Requiring the defendant to refrain froll abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain froll having any contact with the plaintiff except to facilitate custody of their minor child. 3. Requiring the defendant to refrain froll entering the plaintiff's place of ellploYllent, from stalking the plaintiff, and from harassing the plaintiff or her relatives. 4. Ordering the defendant to stay away Crom the residence located at 124 Meadow Drive, Shippensburg, Pennsylvania. 5. Ordering the defendant to stay away from any residence the plaintiff may in the future establish Cor herselC. 6. Ordering the defendant to reCrain Croll dallaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. B. Schedule a hearing in accordance with the provisions oC the "Protection Crom Abuse Act," and, aCter such hearing, enter an order to be in eCCect for a period of one year: 1. Requiring the deCendant to reCrain Crom abusing the plaintifC or placing her in Cear oC abuse. 2. Requiring the deCendant to reCrain Crom having any contact with the plaintiCC except to Cacilitate custody oC their minor child. 3. Requiring the deCendant to reCrain Crom entering the plaintiCC's place oC employment or business or school, Crom stalking the plaintiCC, and Crom harassing the plaintiCC or her relatives. 4. Ordering the deCendant to stsy away Crom the residence located at 124 Meadow Drive, Shippensburg, Pennsylvania. 5. Ordering the deCendant to stay away Crom any residence the plaintifC may in the Cuture establish Cor herselC. 6. Ordering the deCendant to reCrain Crom damaging or destroying any property owned by the plaintiCC or any property owned jointly by the parties. 7. Ordering the deCendant to pay reasonable attorney Cees. The plaintiCC Curther asks that this Petition be Ciled and served without payment oC costs, pending a Curther order at the hearing, and that a copy of this Petition and Order be delivered to the Shippensburg University and Pennsylvania State Police Departments as the Police Departments with jurisdiction to enforce this Order. The plaintiff prays for such other relief as .ay be just and proper. Respectfully sub.itted, ~a~ i Joan Carey \ Attorney for Plaint! f LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 1WN;i;:~?,~:. .~- ,..-_.,.,~, '~,,,,......,,_,c,..,,... The above-n~ed plaintiff, Kerri L. Diehl, verifies that the state.ents .ade in the above Petition are true and correct. The plaintiff understands that false state.ents herein are .ade subject to the penalties of 18 Pa. C. 8. Section 4904 relating to unsworn falsification to authorities. Date: L/-5-9'-! ,.~ t..t(}u1~ .-1' :'W " , if . ]0 .",.. en - ~ ,~ " = ""- ;:; N ~)-o ...... o,~5....( ~~<;;);;;; . ~~~(.J~i ~ .....:;_0;- _.,l'.-'..J :'!~2d~ ,": ;olll"C I ~'- r::~J~ :.; ~Q = ~ "" .... """ +.....:;..;.0;;; Kerri L. Diehl, Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 1800 CIVIL TERM Steven J. Kilgore, Defendant PROTECTION FROM ABUSE AND NOW, this ORDER FOR --Us.!-' day of CONTINUANCE April, 1994, upon consideration of the plaintiff's Motion for Continuance, the hearing scheduled for April 18, 1994, at 4:00 p.m. in Courtroom No.5, is generally continued pending execution of a Consent Agreement by the parties. The Temporary Protective Order will remain in effect for a period of one year or until a final order is entered in this case. A copy of this Order for Continuance will be provided to the Shippensburg and Pennsylvania State Police Departments by the attorneys for the plaintiff. By the Court, drR I B 3 19 PH '9~ Jr FleE o. ~ ,; ~o~~,' Af\Y CUII~:~."~:'h~ C(',;t.iV P[~,;1~'''i.'''f\~I,," l~~:-:- . ;s"',...,,.._....~... -,..,.~..._--_._.~.- . Kerri L. Diehl, Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 1800 CIVIL TERM PROTECTION FROM ABUSE Steven J. Kilgore, Defendant MOTION FOR CONTINUANCE The plaintiff moves the Court for an Order continuing the hearing of this case until further Order of the Court, on the grounds that: 1. A Temporary Protective Order was issued by this Court on April 8, 1994, scheduling a hearing for the 18th day of April, 1994, at 4:00 p.m. 2. The parties have reached an agreement and request additional time to execute a consent agreement to present to the court. 3. The plaintiff requests that the Temporary Protective Order remain in effect pending further order of court. 4. A copy of the Order for Continuance will be delivered to the Shippensburg University and Pennsylvania State Police Departments by attorney for the plaintiff. WHEREFORE, the plaintiff moves the Court to grant the plaintiff's Motion, and to continue this matter until further Order of Court. ~-_.. ~oan Carey, torney for Plaintiff LEGAL SERVIC S, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ...;:m.-~->1<:\<._...,,,::~'::" ,,;' I f .- .~ r i .: -=- ~ :lI::' c,_ ... C\I C"') c:o - >-,. ~... -.J"-~ u.",) :,;):.! _:.r.~":.I- u..CI~.~ ~,~: .~?~ ',' ~ ,,'n I" r~-';"" '." I" ..~_ ..4J r''- .....::.1 0'" II: .... oc:r - IN THE COURT OF COMMON PLEAS OF : ; CUMBERLAND COUNTY, PENNSYLVANIA : vs. Steven J. Kilgore, Defendant NO. 94 - 1800 CIVIL TERM : PROTECTION FROM ABUSE AND NOW, this PROTECTIVE ORDER ~day Of~, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Steve J. Kilgore, is enjoined from physically abusing the plaintiff, Kerri L. Diehl, or from placing her in fear of abuse. 2. The defendant, Steve J. Kilgore, is ordered to stay away from the premises located at 124 Meadow Drive, Shippensburg, 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, Steve J. Kilgore, 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 except to facilitate custody of their 1.,:..."::. ....,-_ ,''c.,>,,,... ~ minor child. 6. The defendant is ordered to refrain from entering the plaintiff's place of employment. 6. The defendant is ordered to refrain from harassing the plaintiff. 7. This Order shall remain in effect for a period of one year. 8. The Shippensburg University 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 Order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. Section 6113). By the Court, J Wesley 01 ~, ., .;\ ."., " 'p' ui', ..~" ." ;. ~.. . L.,'\' .-_ r\\..,~ ," ..j..... t \ k ~\\ ~~ll ~.,\ ljS \ -. Kerri L. Diehl, Plaintiff IN THE COURT OF COMMON PLEAS OF . . : CUMBERLAND COUNTY, PENNSYLVANIA : : vs. . . : NO. 94 - 1800 CIVIL TERM Steven J. Kilgore, Defendant : : PROTECTION FROM ABUSE CONSENT AGREEMENT This Agreement is entered on this day of April, 1994, by the plaintiff, Kerri L. Diehl, and the defendant, Steven J. Kilgore. The plaintiff is represented by Joan Carey of Legal Services, Inc.; the defendant is represented by Sally J. Winder. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Steve J. Kilgore, agrees to refrain from abusing the plaintiff, Kerri L. Diehl, or from placing her in fear of abuse. 2. The defendant agrees to refrain from having any contact with the plaintiff except to facilitate custody of their minor child. 3. The defendant agrees to refrain from entering the plaintiff's place of employment. 4. The defendant agrees not to harass the plaintiff. 5. The defendant agrees to stay away from the residence located at 124 Meadow Drive, Shippensburg, Pennsylvania. 6. The defendant agrees to stay away from any residence the plaintiff may establish for herself in the future. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. ..... 8. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 9. The defendant understands that this Order will be enforceable in the same 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. '.i~iivf [)~JJ Kerri L. Diehl, Plaintiff ~ Defendant Steve J. ~'V ~.~ / an Carey ;/; Attorney for Plai iff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 StJ1l ,J jJL,;{C_ Sally . Winder Attor ey for Defendant 701 E. King Street Shippensburg. PA 17257 (717) 532-9476 " . , SHERIFF'S RETURN CCM>lCJNWEI\LTH OF PENNSYLVANIA. COUNl'Y OF ClMBERLAND Kerri L. Diehl In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-1800 Civil Term Temporary Protective Order Protection From Abuse and Petition For Protective Order VS Steve J. Kilgore William Diehl , ~Ki<~or 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 and Petition For Protective Order upon Steve J. Kilgore the defendant. at 5: 25 0' clock P .M. ~I EDST. on the 8th day of April . 1994at 289 Foxhill Road. Newburg , Cunberland County. Pennsylvania, by handing to Steve J. Kilgore a true and attested copy of the Temporary From Abuse uraer his protect1ve uraer. protect10n and Petition For Protective , and at the same time directing attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs. Docketing Service Affidavit Surcharge So answers: 14.00 II. 76 2.00 "4.2- 7 .1~ ..,.~;.-" ..,,..~,; .... - -p' .~ R. Thanas Kline, Sheriff by Sworn and subscribed to before Ire this I';'-~ day of t1w . 19 I) 'I A.D. -- Cja.yu- C. )Jtl<.i.(J,,-, Prothonotary u~. ,