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HomeMy WebLinkAbout94-06300 /', ' :t-d'" t, , (c::," 'I I l~! " r(~' Ij' ('J '>,0 " I, i'i rJ', ),'r if ~' " ,I I " I ',' " " , , " , , " , , I :' ,r " 'I " , I I, " /, , I I, " 'I ,', , , I I, , " I' ",' 'I' 'i' , " "~I I I ~ , ,,' I /, " " '1; I' ',"f "I " , , , 'I " , " II " , I , , I 'I ':' "I !/ ': I 1-1' , I, ", 'II , '!: ,." , I , "/ ,I /. " 'II.' '/~J; !;'I, ",' 1/1 'II l.,'r;' 'I I , 'I Ii' J ,Ill" .oJ .'! , , ,.1" " J Ji ,,' /) ,,';f/;," . '.. " ' ",,' CHRISTINE A. KECK, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94- U 300 CIVIL TERM PROTECTION FROM ABUSE ROBERT L. KECK, Defendant AND NOW, this ~ da of November, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Christirle A. Keck, now residing at 140 Wagner Drive, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Robert L. Keck, the following Temporary Order is entered. The defendant, Robert L. Keck, now residing with his father, Arthur Ked, at all unknown street address in MI. Holly Springs, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Christine A, Keck, or placing her in fear of abuse, The defendant is excluded from the plaintifrs residence located at 140 Wagners Drive, Carlisle, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff or her minor children including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintift's family. The defendant is enjoined from entering the plaintifrs place of employment or the school of her minor child, The defendant is enjoined from removinc, damllinc, destroyinC or sellinC any property owned jointly by lite parties or owned solely by the plaintiff, The defendant Is hereby notlned that tr he resides In the plalntlf1"s domicile contnry to this Order, be may be In indirect crbnlnal contempt wblcb Is punllbable 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 punllbment. Resumption of co-resldeoce on the part or tbe plalntlft and defendant shall not nullify the provisions of the court order dlrectlna the defendant to refnln from aboslna the plaintiff or the minor chlld/ren. This Order shall remain in effect until a final order is entered in this case, A heannc shall be held on this matler on the I:!' !:my of November, 1994, at :J', 30.'., in Courtroom No. .J, Cumberland County Courthouse. Carlisle. Pennsylvania. The plaintiff may proceed 1D ronna pauperis pendinc a further order after the heannc. The Cumberland County Sheriffs Department shall attempt to make service at the plaintiffs request, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service, The Prothonotary shall not send a copy of this Order to the defendant by mail. The North Middleton and Middlesex Township Police De:mtments will be provided with certified copies \'Jf this Order by the plaintiffs allomey. This Order shall be 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 mlde 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. I 6113), By the Court, CHRISTINE A. KECK, Plaintiff IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94- U 30() CIVIL TERM PROTECTION FROM ABUSE v. ROBERT L. KECK, 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 apptarlng personally or by attomey at the hearinl s.::heduled by the Court and presenting to the Court your defenses or objection~ to the claims set forth against you. You are warned that if you fail to do so the Court may pr~ 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 00 NOT HA VI A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BEWW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th Fl.ooR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 c. On or about AUlust21, 1994, the defendant shoved the plaintiff pushina into her with his shoulder. d. On or about November 28, 1993, the defendant threw a wooden chair at the plaintiff from across the room, striking her in the face with it. The plaintiff telephoned the police and the defendant was arrested and later fined for usaultina her, The plaintiff sought medical treatment for her injuries at the Carlisle Hospital and received numerous stitches in her forehead for a laceration that ran from her scalp to her eyebrow, The plaintiff also sustained soreness about her head and two blackened eyes as a result of this incident. The defendant later told the plaintiff she deserved what she got when he hit her with the chair. e. Since approximately 1988 through mid-November 1993, the defendant has physically abused and intimidated the plaintiff in ways includina, but not limited to: pushing and shoving her about; slappina and punchina about her head, face and body; kicking her about her body and legs; pulling her hair, chokinl her, splashing hot soup on her, punching holes in walls and doors near her placina her in fear for her safety, and restraining her by blocking doorways with his body. The plaintiff has sustained several blackened eyes, lacerated lips, bruisinl and soreness about her head, face and body as a result of the defendant's abuse. In addition, the defendant attacked the plaintiffs son punching him in the head with such force that he required medical treatment at Carlisle Hospital for blurred vision. The plaintiff fean for her safety and that of her children. 5. The plaintiff believes and therefore avers that she is in immediate and present dan,er of abuse from the defendant should she remain in the home without the defendant's exclusion and that she is in need of protection from such abuse. 6, The plaintiff desires that the defendant be prohibited from havin, any direct or indirect contact with the plaintiff or her minor children includin,. but not limited to, telephone and written communications, 7, The plaintiff desires that the defendant be enjoined from harassin, and stalkin, the plaintiff, and from harassing the plaintiff's family. 8. The plaintiff desires that the defendant be re~trained from entering her place of employment. 9. The plaintiff desires that the defendant be enjoined from removing. damaaing, destroying or selling any propeny owned jointly by the panies or owned solely by the plaintiff. B. EXCLUSIVE POSSESSION 10. The home from which the plaintiff is asking the coun to exclude the defendant is owned in the names of Christine A, I<eck and Robert L. Keck, II. The plaintiff currently has no place to stay with her children e;{ceptthe marital home, and the defendant has family in the area with whom he can stay, The defendant moved out of the marital residence on November I, 1994 and is currently residinl with his father in Mt. Holly Springs, Cumberland County, Pennsylvania, 12, The plaintiff desires possession of the home so as to live the greatest dt,ree of continuity to the life of her minor child and to allow him to continue his education at his school and to continue his school and social activities, <;. SUPPORT 13, The defendant has a duty to support the plaintiff, 14. The defendant is employed by Peter Shockley Truckinl. and hu annual salary of approximately $26.000,00. 1~, The plaintiff income is insufficient to provide for her minimallleeds until such time u a ~upport order can be obtained by liIinl at the Domestic Relations Office. 16. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. D. STATUS TO PROCEED IN FORMA PAUPERIS 17. The plaintiff works at Cumberland County Nursing Home in Carlisle, and earns a salary of approximately $1~,600,OO. 18, The plaintiff does not have funds available to pay the fees for tiling and service of this lawsuit. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P,S. f 6101 ~ KQ,. 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. Ordering the defendant to refrain from abusing the plaintiff and/or placing her in fear of abuse; 2. Ordering the defendant to refrain frOln havinl any direct or indirect contact with the plaintiff or her minor children includina, but not limited to. telephone and wrillen communications; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiffs family; 4. Prohibiting the defendant from entering the plaintiffs place of employment; ,. Prohibiting the defendant from removing. damaaing. destroying or selling property jointly owned by the parties or owned solely by the plaintiff; 6. Granting possession of the home located at 140 Waaner Drive. Carlisle. Cumberland County. Pennsylvania. to the plaintiff to the exclusion of the defendant pending a final order in this matter. and 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 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: I. 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 her minor children including. but not limited to, telephone and written communications. J. Ordering the defendant to refrain from harassing and stalkinl the plaintiff and from harassing the plaintiffs family, 4, Prohibiting the defendant from enterinl the plaintiffs place of employment, S. Prohibiting the defendant from removing, damaging. destroying or selling property jointly owned by the parties or owned sol"ly by the plaintiff. 6. Granting possession of the home located at 140 Waaner Drive. 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 in the amount of 575,00 per week payable to the plaintiff in the form of a check or money order. mailed to her residence. 9, Ordering the defendant to pay all costs of tiling and service of this lawsuit and attorney's fees to Legal Services, Inc. Th, plaintiff further asks that this Petition be filed and served without payment of costs. pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the North Middleton and Middlesex Township Police Departments who have jurisdiction to enforce this Order, The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, (. U /. l&t_,J (Aoan Carey, Attorney LEGAL SERVICES . 8 Irvine Row Carlisle, PA 17013 , ' , , , , ~ :'.'i r;: co >-... ~~ III!',: ~:~-.r ,':: .~ L; :; :rL:",'. }, r :.1 I '~:: , I.. ;! ;.~~ ,.. ,,\~ I _ ~ , :~I.....l 0: u. , 8 ,~ o c 1.7 r(l ~ " ~ f-1 :i . . v. IN TIlE COURT OF aM<<>N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6300 CIVIL TERM OlRISTINE A. KECK, Plaintiff ROBERT L. KECK, Defendant PROTECTION FROM ABUSE ICJI'ION FOR <UlIJNUANCE The plaint i ff moves the Court for an Order cont inuing generally the hearing in the above-captioned case on the grounds that: I. A Temporary Protection Order was entered by this Court on November 3, 1994, scheduling a hearing for Thursday, November 10, 1994, at 2:30 p.., 2, As of November 9, 1994, the Cumberland County Sheriff's Department had been unable to locate the defendant to serve him. 3. The plaintiff requests that this IIlI.tter be continued generally pending service of the Temporury Protect ion Order and Pet it ion for Protect ion Order on the defendant. 4, The plaintiff requests that the Temporary Protection Order remain in effect pending further order of court. 8, Certified copies of the Order for Continuance will be delivered to the North Middleton and Middlesex Township Pol ice Departments by the attorney for the plaint iff. WHEREFORE, the piaint iff requests that the Court grant the Motion to continue this matter generally and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, ~, At torney - ~~ICP.s. IHe,