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Home My WebLink About94-05281 ,I ,I I II ! I I I, II' , , >- Q) .1, - - Q) ~ ,I ;,' )# , , >- Q) - -;) ~ " . ~ I' /' ( I , " , I I ~ . !I I I I I " I I . , I , I i j - 00 ~ I sri ./ 01 <:, " , SF.P iU 3 511 I'll '5~ "J 11:/, Idli )1', ", 'H ,.'1.'7 'I ~ f : l "". " , , ;. l\.. 0- - '" Q '" - q. i ~ .~ F= 'I " " ''',oil ":i-'..! <;lr'", J I'; 'i ,', .j' , , Iii _ I: I" \....IIIMCII, .. , '1II\IlHI1IOW ~ 111I, "NN'yt.VANIA '70'~ f1I71MN400 ftll f1I7) .... , - WlllIIIIcw 17m .,..71 """'IJIIlU" I!m uo,.. or i.j'l' "'1,)1 ".1 " 'I 0; .011, ,t, 'I, .I~; , _'~'I ,t,!;~: \ " 1 1 .,:'~ i'~ '''j ~' ',1/: J'j_!; , I' / ~ t I,;, " ,I .' ~-_.---_.. ~ " KIMBERLY FAYE KELLEY, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - " J II CIVIL TERM '. , vs. PROTECTION FROM ABUSE JOHN RAY KELLEY, JR., Defendant TEMPORARY PROTECTIVE ORDER AND NOW, this I (. tl, day of September, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, KIMBERLY FAYE KELLEY, now residing at 414 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the Defendant, JOHN RAY KELLEY, JR., the fOllowing Temporary Order is entered. The defendant, JOHN RAY KELLEY, JR., now residing at 414 S. Market street, Mechanicsburg, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, KIMBERLY FAYE KELLEY, or placing her in fear of abuse. The defendant is ordered to refrain from harassing the plaintiff. The defendant is prohibited from selling, destroying, or damaging any of the plaintiff's property or jointly owned property. The Temporary Protective Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the ,.',' ,te{. day of September, 1994, at '-(, (1(1 p.m. in Courtroom No. ,.,', Cumberland County Courthouse, Carlisle, Pennsylvania. VII. I IN THE COURT OF COMMON PLEAS OF I I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 94 - ,," I ) I CIVIL TERM I I PROTECTION FROM ABUSE I I KIMBERLY FAYE KELLEY, plaintiff JOHN RAY KELLEY, JR., 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 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 NUMBER: (717) 240-6200 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY/ PENNSYLVANIA NO. 94 - '-'JI CIVIL TERM PROTECTION FROM ABUSE KIMBERLY FAYE KELLEY, plaintiff JOHN RAY KELLEY/ JR./ Defendant PETITION FOR PROTECTIVE ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa. C.S.A. section 6101 et. seq. A. ABUSE 1. The plaintiff is an adult individudl whose permanent address is 414 S. Market street, Mechanicsburg, Cumberland county/ Pennsylvania, 17055. 2. The Defendant is an adult individual residing at 414 s. Market street, Mechanicsburg, Cumberland county, Pennsylvania, 17055. 3. The Defendant is the plaintiff's husband. 4. since approximately 1992, 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 or imminent serious bodily injury. This has included but is not llmited to the following specific instances of abuse: a. On or about September 6, 1994, the defendant slammed the door snut behind the plaintiff, shook his fists at the plaintiff, pounded the door with his fists, and demanded to know where the plaintiff had been. When the plaintiff, who feared for her safety, walked into the kitchen to avoid the defendant, the defendant ripped the plaintiff'S purse from her hands and threw the contents against the wall. The defendant then threw 8 picture into the wall, shattering glass and causing it to fly about the loom and cut the plaintiff. The defendant then punched the plaintiff in the vaginal area with his fist, causing her pain. The defendant then squeezed milk from a baby bottle into the plaintiff's face and hair, grabbed the plaintiff by her shoulders, and shook her violently. Hearing the defendant shout in the neighborhood, neighbors telephoned the police. The plaintiff suffered cuts, redness to her arms, and pain. b. In or around August 1994, while the plaintiff was on the telephone, the defendant grabbed the plaintiff by the hair with one hand and the telephone receiver with his other. The defendant then smashed the phone into the plaintiff's mouth, splitting her lip and causing bleeding. The defendant grabbed the plaintiff forcefully about her upper body. A few minutes later the defendant grabbed the plaintiff's head in a headlock, and jerked her neck, causing her to fall to the floor. The plaintiff suffered injuries including a cut lip and soreness to her neck. c. In or around April 1994, the defendant punched the windshied of a car the plaintiff was in, smashing it. The defendant then reached into the car, grabbed the plaintiff by the hair, and pushed her head back and forth between the seats. A business owner telephoned the police who arrested the defendant for simple assault. 5. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the Defendant, and that she is in need of protection from such abuse. 6. The plaintiff desires that the Defendant be restrained from harassing her. B. STATUS TO PROCEED IN FORMA PAUPERIS 7. The Defendant is unemployed. 8. The Plaintiff currently has no income. 9. The plaintiff does not have funds available for filing and service of this lawsuit. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S.A. Section 6101 G ~., as amended, 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 from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the Defendant to refrain from harassing the plaintiff. 3. prohibiting the defendant from selling, destroying, or damaging any of the plaintiff's or jointly owned property. B. Schedule a hearing in accordance with the provisions of the IIprotection from 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 from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the Defendant to refrain from harassing ~i .... ... ... ~ ~~ .... c ":u Z <') "'- .11> ..... ... >-... ..., c<c< II:~ ~ UJC c<c 0... g ... CLen ...J'.- .-,<11 u..O ZZ ...JII> .... Z c( s offi UJ~ .<11 z- 8wz ::tCL """- >- 0 0 b ~~ UJ ... u. ::t . UJ ...J 1-0 -Q )! 8~ >- . ...J ... ~zo ..: > ..... I-Vl en:3J:en u..:l u.. "" UJ........ i5ffi~ ~ 08 0.. <!l "- >- >- c<~ WIlI:l W ~Q ...J ..: Vl<LU ~::t8~ c< c< - :I:'" :lZ UJ :I:UZ u..:l 8:3 a:l z t- o OU en :IE: :I: ...Jzu i~ ::::J wll: ... 0 ":0 J:W "" .-, UJ ..J II: ...~ :3<!l< c( zzz U Z:l 0...... 0 -u :lE:C<~ :lE:":- OLUO: U:I:U I :k l(-l \_ /1,,11.. / ,) ,j .~"l '-.-", , ,~ , .il, '-r! LIIIAL...... Ie, . , , 'i IIIMHJ& CNllIllI. PlNHIIvt: '10'11 17171 . . ":" f71~ .. lOll .W.__17l71~" . 1Ii'~~lIIllu" 17'~ lID ,~ " i' 'Ii;] " I, I, il " '~ '.,.'.. i,,"{Jt !,"" _l;i.' :~.Io I f,{,' :;r j"~ f,J 'j\ uf :lt~~1 :~~.~: , -/1 ('I ,,},Ii 'I' f -~'; ," " :rr" -.., I' j ~ ,- " ~--~------ KIMBERLY FAYE KELLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 94-5281 CIVIL TERM JOHN RAY KELLEY, JR., Defendant AND NOW, this CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF CO~ day of February, 1995, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, JOHN RAY KELLEY, JR.. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Furthermore, after appearing before the District Justice the defendant is advised to appear before the Court Administrator at the open of the next business day. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. By the Court, J. Wesley Oler, Jr. J. Thomas A. Placey Senior Assistant District Attorney JOHN RAY KELLEY, JR. KIMBERLY FAYE KELLEY, plaintiff IN 'rHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 94-5281 CIVIL TERM JOHN RAY KELLEY, JR., Defendant CHARGE t INDIRECT CRIMINAL CON'rEMPT ORDER OF COURT AND NOW, this ~ day of February, 1995, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached commonwealth's Petition, the defendant, JOHN RAY KELLEY, JR., is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the ~ day of J) J,t i,', . , 1995 at 1/: ,'" o'clock fJ....m. in Courtroom II ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. By the Court, ~)/~ {. J; \Wesley Oler Jr. J. Thomas A. Placey, Esquire (:""j ;J".... j'M,,,,,,.l} .J./J 3/1. .\," Senior Assistant District Attorney f',,"t.. ~. 'f ../., '- JOHN RAY KELLEY, JR. .. ("'''j. tm<W..(;J./~'J./,i~ ',\'";,I'.()./~(('\ .J '} I I) . l' ,f' ,/1' r'1~'J~ '- (\., I....:: '.J 'Lttf-'(/(~ ,A:.(,<< J. (}~. .......~.~LJ <f"/ . ::J.jJ..J/'" Vrl ,) . ,) ,) '/~ KIMBERLY FAYE KELLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 94-5281 CIVIL TERM JOHN RAY KELLEY, JR., Defendant CHARGEr INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Thomas A. Placey, Senior Assistant District Attorney of Cumberland County, Pennsylvania brings the following Petition for a hearing on charges of Indirect Criminal Contemptl 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached private criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt charge upon information ~eceived. 4. The District Attorney's Office approves the filing of this private criminal complaint. 5. The Cammonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. "::~S~~~tfUllY':;bmitted' Th ma~' A. P{~cey Se ,io~ /S'istant District Attorney \~ CfllMINAL COMPLAIN 1 (POLICE) COMPOINt NUM~ER-']~~:~-~'-~-'__': ~ ClIl11plolnl NunmUHi If Olhu, Po,Ut;lpUnI6 Ronald E. Klair '166-4575 OISTRICT JUSTICE MAGISTERIAL 015TRICT NO, 09-3-05 507 N. York Street Mechanicsburg, PA 17055 ~ 11 ) ':l ~ INciDENT NUMBER ..,UCI'I Nee.'..... ...LOlff .------, 95-447 . ...... ... - .... - ....-.-.---._-- -...-.---...----- UF IT NUMII r. COMMONWEALTH OF PENNSYLVANIA V5. Officer Andrew Parsons, Badge ij9 I, __,_nu.. .. ... . .. ......,........... 1\,11/1"'11111.111'1 ,Upper Allen Township Police Department "l ___..._......, ..... ...nu._..... ...,.. ,ld.'II"{1 dl/,lllll/fl/lI""'I.l!,'JI' I 11/JIo \,lI/ld,m.Jt','(m, ,rI '1,/1,1/11'1'''11 100 Gettysburg Pike, Mechsnicsburg, PA 17055 NAMI AND AllUlll ~;s John Ray KellY, Jr. Friend.hip Inn Room Mechanic.burg. PA 120 17055 II ~; A AKA W/M/25 DOB: 04-24-69 d,' hcrcby 'laic, (I) t!J Il.u':~mc the alh)\l: llilIllClllh,.rcndaIlL \\IIl) Il\c~ at the alhln..~!oo ~Cl I'lli'll! alhl\c lll'. _ 0 I accuse un individual "lll)!'!C name h 1l1l"llll\\1I tn Ille hut \~ho il't dC~l'riIH.'d il' ___ .E o his Ilidnalll~ nl' pllpular dc,i~n;ni(lrl is 1I11~11t1\\11 hi IlIe and. I I H.' n..'hll'l', I Ilil\l' uc'\ignatcd him herein as Jnhn Dil~' wilh liolalil1~ thc pcnal la,,, "I' Ih" (',"llIllllnllcallh or I'clll"l Ivania at Bo.ok .o.~..~.~':. Month_~_lUb,,~,.__,__ T22~ s. MarKet" St. I (1'/.j,.',JI"flll',JI.\rlh./n'/\/r1/11 . -----_._-----_.__._~_. - upper l\nen-'nlWnSl\1.!:.~~_~ In .c,umbeEl~rid (""lllll '"I or al"'lll F."'!.<i".YLE:!;lbruarY_lQ,...J99L_ I)urtic:ipants were (1/IIIdi'lll'I.'I',llIllI/1,jllfl_f'{,I"JlIII/'/Idlllcllhl, ,.p'o/!!/ll!tlhll,/IIi,'''f'ih''Il'./,!i/l,/dIl/J at approx. 1335 hrs. John Ray KELLY, Jr. I tAv Indirect Criminel Contempt (PFA) (.2) The acts cOllunittcu hy the aCCUSl'l \\ere: \::J The Dsfsndsnt did violate sn order iseued under the Protection From Abuse Act, by the Honorable Judge J. Wesley Oler, Jr., Cumberland County, dated September 20, 1994 in which the defendant was enjoined from h.srassing the Victim, Kimberly Kelly, the violet ion occurred on the above date and time when the defendant did harass, annoy and alarm Victim by following Victim about a public plsce; parking lot of the Book of the Month Club. 2 0, f. :} ~ PROBABLE C~USE: On February 10, 1995 the Victim did telephone your Affiant snd sdviee that she had been harassed by Defendsnt. Victim ststed that Defendant followed her in hi~ v~Aicls to hsr plsce of work, the Book of the Month Club, and then followed her in his vehic~~ 3he walked through parking lot and into Book of the Month Club. Victim stated the Defendant yelled at her as she walked through the parking lot causing her to be annoyed, all of which werc again,t thc pca"c and dignilY or thc C,"nn\llllll"allh "r Pcnn'lllan;" and "'"lIrary 10 lhc Acl of Asscmbly, or in violation or 713 antJ Ill' the ^(t llf Protect.ion From AhuAR (.\'nll"") t SIi/1 ',',11"111 or the Ordinant:1: \If f /1.1/111, ,II .'II/h. .1111",1(/1 (.1) I ask that a warrant nf arrest nr a SlIlIllllllllS hI: issued ,did that tile <Il'....used he requin:d In answer the charges I ha IC ma~c, (4) I verify that the fa...'ts set forth in thi" l'\llllplaint arc and helieI'. This vcrifkation i"i llIa~h.' suhjel'1 to Ihe * 4904) relating III UIlSW\lfll falsifkathlll to ,Illtlwrith:s. hbrv~rT_'nL{._u ,1'1 'if). I rue and ....llrre....t hi 1111.' hest llf illY knowledge or information pellaltic... nf SCl'tinn 4t}04 Ill' the ('ri.lles Code (IX Pit, C. s. -~dL~.~-~ ~--_...- I ,'lI.L!/I'llllr",)f ('IIIII'I,IIII,/lIIJ AND NOW, on Ihis datc _____..__...._......., 1'1 _'_nunu I ""rtifl Ihc ""lllplallll 11,,, he"" pr"perly "ompletcd and verified. and that there is pftlhahlc l.:allse I'llI' iSSllillll'l.' lit" pWl'CSS, ( .\f,(I(IIIl'r/(d/JII/rI<11 - ;-/;;-;;;,;c- II,ill,;r;/j-j--------------- (SEA!.) AOPC 411-1)6