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Home My WebLink About94-06570 c o J . -fJ l.. .0 >- ...~ ) i . ~ ~ J 0 I C' , I I \t) i ~ I I IlRr-.NDA L. TA YI.OR , I N TilE COllin' OF COMMON PLEAS OF Plnlnt Iff CIJMJlEIlLANIl COUNTY. PENNSYLVANIA for herse If nnd on behnlf of her minor children: CIIRISTY M. TAYLOR, JOSHUA R. TAYLOIl, nml JESSE IlERH, CIVIL ACTION - LAW v. NO. 94- CIVIL TERM KENNETH W. HARMON, Dc f endnn t PIlOTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pnges, you must tnke action promptly after this Petition, Order and Notice arc served, by appearing personnlly or by attorney at the hearing scheduled by the Court nnd presenting to the Court your defenses or objections to the clnlms set forth against you. You arc warned thut if you fuil to do so the Court mny proceed without you, and n judgment muy 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 TIllS PAPEH TO YOUH LAWYER AT ONCE. IF YOU DO NOT IIAVE A LAWYEH OR CANN<Yr AFFORD ONE, 00 TO OR TELEPllONE TIle OFFICE SET fURTII BELOW TO F I NO our WIlEHE YOU CAN Ohi' LFXlAL IlF.IJl. COUHT AllMINISTRATOH, 4th FLOOR CUMHERLANll COUNTY COUHTIIOUSE CAIU.ISLI\, pr,NNSYLVANIA 17013 TI':LEPHONE NUMBER: (717) 240-6200 BRENDA L. TAYLOR. IN TIlE COURT OF COMMON PLEAS OF Plllint i ff CUMJ\EIU.ANll COUNTY. PENNSYLVANIA for herself IInd on behlllf of her minor children: CIlRISTY M. TAYLOR, JOSI<<JA R. TAYl.OR, IInd JESSE DEHR, v. CIVIL ACTION - LAW NO. 94- CIVIL TERM KENNE111 W. HARMON, Defendllnt PROTECTION FROM ABUSE PETITION FOH PROTF.CTIVE OHDEH HF.l.IIlF UNDEH TIle PHOTF..cJ'ION FRC>>oI ABUSE A<:r, 23 P.S. II 6101 et seq. A. ABUSE I. The plaintiff is an adult Individual whose permanent address Is I Northview Drive, Carlisle, CUmberland County, Pennsylvania, 17013. 2. The defendant is an adult individual residing at R.D. 1, Box 289, Lake Strauss, Fredricksburg, Lebanon County, Pennsylvania, 17026. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately 1992, the defendant has attempted to cause and has Intentionally, knowingly, or recklessly caused bodily Injury to the plaintiff and her children and by physical menace has placed the plaintiff and her children In fear of imminent serious bodily injury. This has Included but is not 1 imited to the following specific Instances of abuse: a. On or about November IS, 1994, the defendant, who had moved out of the plllintlff's home IIpproxlmately four weeks ago with his possessions, forced open the dead bolt on the front door of the pllllntlff's home while she was lit wcrk, removed all of the plaintiff's household furnishings including the plaintiff's chi Idren's beds and dressers, their clothing IInd the plaintiff's clothing. The defcndllnt urinated on 11 few I1rtlcles of the plnlntlff's clothing which he left in a corner. b. On or about Novembcr 5, 1994, the defendant, who hl1d moved out of the pl1rties' home scvernl weeks before, entered the plaintiff's house uninvited. When the pllllnt iff told him to 1 clive , he refused to lenve, taunted her, grabbed the telephone receiver from her hand, nnd Yllnked the cord out of the wnll ns she tried to telephone the pollcc. When the pllllnt Iff's 14 yellr old daughter plugged the telephonc into the Willi to cnll the pollee, the defendant drew his fist bllek to hit her In the hClld and shortly therellfter threatened to urinate on the pllllntlff's children. The defendnnt grabbed the plaint I ff, pulled her down onto the couch, nnd then shoved her onto the floor. c. On or nbout October 28, 1994, the defendant grabbed the pll1lntlff by her wrist and twisted It lenvlng red marks. d. In or about June, 1994, the defendant threw the plnlntlff onto the couch IInd twisted both her anklcs. The plaintiff sustained bruising IInd swelling about her IInkles and experienced pain liS a result of this incident. e. On or IIbout Mllrch 16, 1993, the defendnnt shovcd thc plaintiff agninst the wall, pinned her to the wnll pressing his forearm ngllinst her throllt, punched her on the side of her head. stabbed her In the bllck with II key, puncturing her skin. grabbed hcr by her neck nnd threw her to the floor. The plnintlff's 12 yellr old dllughter, Christy, tried to intcrvene IInd thc dcfendnnt slnpped her fllce repelltcdly IInd hit hcr In the he lid with II 2 liter bottle of sodll, clluslng her to fall to the floor. Then the tlefend/lnt went lifter the pllllntlff's 9 ye/lr old son, Joshu/l, /lntl stomped on his Icg cuuslng him to full to the floor. The North Middleton Township Pollee /lrrestcd the defendllnt and chllrged him with simple assllult. The plaintiff sustlllned II 3 Inch l/lcef/ltion on her back and pain about her hClld and jllwi her duughtcr sustained II severe helldllche and pain In her car, und hcr son sustllinecl (l/Iin about his leg and ubrnslons on his lower leg liS a result of this Incident. f. On or IIbout Mllrch 5, 1993, the dcfendunt shoved the plaintiff onto the couch, threw her to the floor, got on top of hec and IXlUnced up III1CI down on her wi th his knees In her nbdomen. Then the defendunt grllbbed the plllnti ff by her wrist, twisted It, grubbed her by her /lnkle und twisted i to The plaint I ff sustulned severe pain. swelling IInd bruising to her right ankle as u result of this Incident and was unable to walk on her cight foot for appcoximately 3 days. g. Since upproxlmlltely 1992, the defendant has abused the plaintiff nnd her children in ways Including, but not limited to: pushing, shoving, slapping, punching unci stepping on the plaintiff IInd her children. The clefenclllnt hus urinated on the pluintlff, ejllculuted on hcr. blown nasal mucous on her, und forced hec to engage In sexulIl IIctlvities with him IIgainst her will. The defendant hilS purposely deprived the plaint iff of sleep on nights when she hilS hlld to work the following dllY by waking her repeatedly throughout the night for sevcrlll dllYs In succession leaving the plllintiff exhllusted. (II lIddltion, in the presencc of the plllintlff's chi Idren the deferulnnt hils kicked the dog In the hend IInd threatened to feed the dog rut polson. S. The plllintiff believes IInd therefore livers thllt she IInd her children will be In Immedinte IInd present danger of IIbuse from the defendllnt should she remain In the home without defendant's exclusion IInd that she and her children are In need of protection from such IIbuse. 6. The plnlntlff desires thnt the defendnnt be prohibited from hnvlng any direct or indirect contllct with the plaintiff or her minor children Including, but not limited to telephone nnd wrl (ten communicntions. 7. The plaintiff desires thllt the defendant be enjoined from harassing and stnlklng the plulntlff find from harassing the plaintiff's minor children. 8. The plaintiff desires thut the defendant be restrained from entering her place of employment or the schools of her minor children. 9. The defendllnt Is enjoined from removing, selling, damnglng or destroying any property owned jointly by the parties or owned solely by the plaintiff. fl. EXCJ,USIVE POSSESSION 10. The mobile home from which the plaintiff Is asking the Court to exclude the defendnnt Is owned in the names of Brendn L. Taylor nnd Kenneth W. Hnrman. II. The plnlnt iff current Iy hilS no place to stay wi th her children except the parties' mobile home, IInd the defendant moved In with his parents at R.D. I, Box 289, Lake Strlluss I Fredr icksburg, Lebllnon County, Pennsyl vanin, several w:leks IIgo. 12. The plaintiff desires possession of the mobile home so liS to give the grentest degree of cont inully to the I ives of her chi Idren ami to nllow them to continue their educlltion lit their schools llnd to continue their school and social nctlvl ties. c. I.OSSml 13. The plaintiff IIsks for lIttorney's fees for Legnl Services, Inc., and fll ing IInd service fees of this law/lui t pursullnt to the Protect ion from Abuse Act. D. STAroS TO PHOCF.FJLlN fUHMA PAUPEHIS 14. The plulntiff works ut KLM Trucking, ICJ511fllrrisburg Pike, Carlisle, nnd enrns IIn IInnulIl slIlllry of $18,748.00. IS. The plnintiff docs not have funds aVllilnble to PIlY the fees for filing IInd service. W1W.REFORE, pursullnt to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. fi 6101 et seQ., as amended, the pluintlff prays this IIDnorable Court to grllnt the following relief: A. Orant II Temporary Order pursunnt to the "Protect Ion from Abuse Act:" 1. Ordering the defendnnt to refrain from abusing the pllllnt i ff and/or her minor children and/or placing them In fenr of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contnct with the plaintiff or her minor chi ldren Including, but not limited to telephone and written communications; 3. Ordering the defendllnt to refrllln from harnsslng and stlllking the plaintiff and from hllrtlssing the plnintiff's minor children; 4. Prohlhiting the defemlunt fronl entering the plnintiff's plllce of employment or the schools of the plnintlff's minor children; 5. Prohibiting the defendnnt from removing, selling. dnmnging, or destroying property jointly owned by the pnrties or owned solely by the pllllntlff; 6. Gfllnt lng possession of the mobile home located nt I Northview Drive, Cnrllsle, Cumberland County, Pennsylvunin, to the plllintlff to the exclusion of the defendllnt pending a finnl order in this mlltter, and 7. Ordering the defendllnt to stny nway from any residence the pllllntiff mllY in the future establish for herself. n. Schedule n hearing in accordance with the provisions of the "Protection from Abuse Act," lind, lifter such henrlng, enter nn order to be in effect for a period of one yellr: I. Ordering the defendnnt to refrnin from IIbusing the plnintiff lind/or her minor children or placing them In fear of IIbuse. 2. Ordering the defendllnt to refrain from having any direct or Indirect contllct with the plnlntlff or her minor chi Idren InclUding, but not I imited to telephone and written communicntions. 3. Ordering the defendant to refrllin from hnfllsslng and stlllklng the plnintlff nnd from hnrusslng the pllllntlff's minor children. The nbove-nllmcd plaintiff, flrendn I.. Tnylor, verifies thnt the statements mnde In the nbove Pet It Ion nre true nnd correct. The plnintl ff understands that false stntements herein nre mnde subject to the pcnnlties of III PII. C.S. g 4904 relating to unsworn fnlslficntion to lIuthoritlcs. ~ ~<n'-- Urendll L. Tllylor, Plnintlff II ;;J/'1 c/ I Date: SIIERIFr'S RE'rURN COMMONWEALTH or PENNSYLVANIA COUNTY OF CUMBERLAND Brenda L. Taylor, for herself and on behalf of her minor children I Christy M. Taylor, Joshua R. ~aylor and Jesse In the Court of Common Pleas of Cumberland County, Pennsylvnaia No. 94-6570 Civil Term Tempory Protective Order Derr Protection from Abuse Notice and Petition VS Kenneth W. Harmon R. THOMAS KLINE, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named Kenneth W. Harmon defendant, to witl but was unable to locate him in his bailiwick. He therefore deputized the sheriff of Lebanon County, Pennsylvania, to serve the within Temporary Protective Order, Protection from Abuse and Notice, Petition On November 28, 1994 , this office was in receipt of the attached return from Lebanon County, Pennsylvania. Sheriff's COStSI Docketing Out of County Surcharge Lebanon Co. 14.00 5.00 Sworn and subscribed 16.00 ~ 35.00 to before me OMAS KLINE, Sheriff this C1... 30- day of 7u"""~{~ 19 1;'( ,A.D. y.,/,'-- (). hL<( c~~ . JiP7 - Prothonotary .... Nav Z~ 1142 ~H '9~ . I' (~ I: I' '..\f.r . .,1 Y , BRr-.NDA L. TAYLOR, IN 1111\ COURT OF COMMON PLEAS OF pllllnt I ff CUMBERLAND COUNTY, PENNSYLVANIA for herse I f nnd on bell/II f of her minor children: CHRISTY M. TAYLOR, JOSIIUA R. TAYLOR, und JESSE llEHR, v. CIVIL ACTION - LAW NO. 94-6570 CIVIL TEHM KENNE111 W. IIAHM<lN, Defcndunt PROTECTION FROM ABUSE r.urION FOH rnm'INIJANCF, The plnlnt Iff moves the Court for nn order rcschedul ins the hearing In the above-captioned CllSC on the grounds thllt: I. A Temporllry Protect Ion Order wns issued by this Court on November 17, 1994, scheduling a henrlng for MondllY, November 28, 1994, nt 3:30 p.m. 2. The Cumberlund County Sheriff's Depllrtment deputized the Lebanon County Sheriff's Dcpartment und the dcfendant wns served with a certified copy of the Temporary Protect ion Order und Pet it ion for Protect Ion From Abuse on November 25, 1994, at the Lebanon County Sheriff's Department. 3. The defcndant Indicated through his counsel, James D. Flower, Jr., of FLOWER, MOROFNI1IAL, FLOWEH & LINDSAY, on November 28, 1994, that he desired legnl represcntntlon In this matter nnd ngreed that the hellrlng scheduled for November 2B, 1994, be continued to lIfford him lime to meet with his attorney. 4. The plllintiff requests thllt the hellrlng be rescheduled in this mlltter. 5. Thc plllint iff requcsts thut the Tempornry Protect ion Order remain In effect pending further order of court. 6. Certified copies of the order for contlnullnce will be delivered to thc North Middleton Township police Dep/lrtment Illul counsel for the defendnnt by thc uttorney for the plllintifl'. 7. The defendllnt IIgrees to slllY IIWIlY from Ilny residence the plaintiff may in the future cstllhlish for hcrself. 8. The defcndllnt, III though cntering into this Agrccment, does not admit the alleglltions nlll<lc in the Petition. 9. The defendllnl understllOds thllt the Protect ion Order entered In this milt ter shill I be in effect for II per iod of one yenr. 10. The defendllnt understands thllt this order shall be enforceable In the slime manner as the Court's prior Temporary Protection Order entered In this case. 'MIEREFORE. the part ies request that II Protect Ion Order be entered to reflect the above terms. ~/Yda..- ~ ~ (//0.-/ Ilrenda L. Taylor, Plaintiff ~J~ Ke neth W. Harmon, Defendnnt -- ~y~ Attorney for Plaintiff LRlAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ..owER, I<<>RGEmlIAL, I East High Street Cllrlisle, PA 17013 (717) 243-5513