HomeMy WebLinkAbout94-06576
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employment, stalking the pll\lnt.ifr, alllt harassing the plaintiff, or her
relatlves.
case.
This Order oha11 rellain in effect until a final order is entered in thiB
V?
A hearing ohall be held on this matter on the t2i1 day of November,
.-.-----
?t .11, In CourtrooDl NO..Jd::; Cumberland County
8': '/ S
1994, at
Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed in f2rmn pauneris pending a further order
after the hearing,
The Cumberland County Sheriff's office shall attempt to make service at
the plaintiff's request, but service Dlay he accomplished under any applicable
rule of Civil Procedure.
This Order and Petition 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 and Petition to the defendant by mail.
The Hampden Township Police Department will be provided with a copy of
this Order hy attorneys for plaintiff, This Order shall be enforced by any
law enforcellent agen~y when a violation occurs by arrest for indirect crillinal
contellpt. 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 pollee officer. In the event that an arrest is made under
this section, the defendant shall he taken without unnecessary delay before
the court that issued the Order. When that court is unavailable, the
defendnnt 81mll be Ilrrnllll\lld before tbe appropriate dlBtrlct JUBtice. (23
Pa.C.S,A. Section 6113).
Kelly D. Seidel,
Plaintiff
I N TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PRNNSYI,VANIA
NO. 94 -
CIVIL TERM
v.
PROTECTION FROM ABUSE
AND CUSTODY
Kenneth E. Seidel,
Defendant
EETITION FOR PROTECTIVE ORDER
AND CUSTODY
REI.IEF UNDIIR TilE PROTIICTION FROM ABUSE
AlLL. 23 Pa, C~,A, Sp.otlon 6101 et. Reo.
A. ABUSE
1. The plaintiff Is an adult Individual whose permanent address was
R,D.U, Lot 33, Paradlne Park. New Bloomfield, Perry County, Pennsylvania,
17068.
2, The plaintiff IR residing at 235 Marlet Drive, Mechanlcsburg,
Cumberland County, PennRyivanla 17055,
3, The defendant Is nn adult indlvldulll whose residence Is looated at
R.D.Sl, Lot 33, Parndlse Park, N~w Bloomfield. Perry County, Pennsylvania,
17068,
4. The defendant Is the plaintiff's husband.
5, Since approximately 1991, the defendant has attempted to cause and
has Intentionally, knowingly, or recklessly oaused bodily Injury to the
plaintiff and by physical menace haa placed the plaintiff in fear of Imminent
serious bodily Injury. ThiR hns included but is not lIml ted to the following
specific Instances of IlbuMe:
a. On or nbout November 10, 1994, the defendnnt screnmed at tbe
plaintiff, cnlled b"r vile nllmeR, nnd t.hreatened lo kill her If Rhe left him.
Kenneth E. Seidel, Jr. 235 Mar let Drive
MechanicHburg, PA
4 yra. old
DOB 8/2/90
Allber Lynn Seidel 235 Marlet Ilrlve
Mechanlcshurg, PA
2 yra. old
DOB 11/28/92
Aahley Marie Seidol waR born out of wedlock.
Kenneth E" Jr, and Amber Lynn Soidol were not horn out of wedlock.
The children are preaontly in the custody of the plaintiff who realdea
at 235 Marlet Drive, Mechanlcaburg, PennHylvanla,
During the paat five years, the children havo reaided with the following
persona and at the following addreRaea:
!illI!IJl
Plaintiff, defendant,
Aahley Seidel, Darlene
Seidel (defendant's
lIotherl, Stan Hill
(Darlene's boyfrlendl,
TamllY, Michele, and
ChrlatIna Seidel, and
Stacey Gambia
(defendant'a alstersl,
Plaintiff, defendant.
and Aahley Seidel
Plaintiff. defendant,
Aahley Seidel
Plaintiff. defendant.
Aahley nnd Kenneth, Jr.
Seidel
Addreaaea
I!nt.!uI
708 Eric Street
Dauphin, PA
2/12/87 to
1989
Fiahing Creek Valley
lIarriaburg, PA
1989 to
1990
7/90 to
8/2/90
8/2/90 to
11/91
Juniata Helghta
Newport, PA
Juniata Helghta
Newport, PA
Plaintiff, defendant, 28 N. Market st.
Aahley and Kenneth, Jr. DlIncannon, PA
Seidel
11/91 to
10/92
Plaintiff. defendant.,
Aahley. Kenneth, .Jr..
Seidel
230 Ed e St.reet
Dauphin, PA
10/92 to
11/28/92
3
Plaintiff, defendant,
Ashley, Kenneth, Jr.,
and Amber Seidel
Plaintiff, defendant,
Ashley, Kenneth, Jr.,
and Amber Seidel
Plaintiff, defendant
ARhley, Kenneth, Jr.,
Amber Seidel, and
Christina Marie Seidel
Plaintiff, Ashley,
Kenneth, Jr., Amber
Seidel, Jim and Andrea
Msxwell (plaintiff's
friends and their
ch Ildren) Brandoll,
Timothy ,1., and Arrlssa
Maxwe 11
230 Erie Street
Dauphin, PA
11/28/92 to
1993
R.D.U, Lot 33,
Parsd Ise Park
New Bloomfield, PA
1993 to
8/94
R.n.#l, Lot 33,
Parad I RO Park
New Bleomflllld, PA
8/94 to
11/16/94
236 Marlet Drive
Mechanlcsburll, PA
11/16/94 to
present
The mother of the children Is Kelly D. Seidel, currently residing at 236
Marlet Drive, Mechanlcsburg, Pennsylvania. The plaintiff currently reaides
with the following persons:
H!I!!I.l!
Ashley Seidel
Kenneth Seidel, Jr.
Amber Seidel
Andrea Maxwell
Jill Maxwell
Brandon Maxwe 11
Timothy J, Maxwell
Arrissa Maxwell
She Is married.
fullatlonRhio
daughter
Ron
daughter
friend
friend
friends' son
friends' son
friends' daughter
The father of the children Is Kenneth E. Seidel currently residing at
R.D.#I, Lot 33, Paradise Park, New Bloomfield, Pennsylvania. The defendant
currently resides wi th the following persons:
4
Name
Relationshiv
sister
Christina Marie Seidel
lie is married.
11. The plaintiff has not previously participated in any litigation
concerning custody of the above mentioned children in this or any other Court.
12, The plaintiff has no knowledge of any custody procsedings
concerning these children pending before a court in this or any other
jurisdiction,
13, The plaintiff does not know of any person not a party to this
action who has physical custody of the children or claims t.o have custody or
visitation rights with respect to the children,
14. The beet interests and permanent welfare of the children will bs
met if custody is temporarily granted to the plaintiff pending a hearing in
this matter for reasons including the following:
a. The plaintiff is a fit parent who can best take care of her
children.
b. The defendant has shown by his abuse of the plaintiff that he
is not an appropriate role model for the children.
C. EXCLUSIVE POSSESSION
15. The home which the plaintiff ie asking the Court to order the
defendant to etay away from is owned in the names of Jim and Andrea Maxwell
and the defendant has never resided there.
16, The defendant. haB his own residence at R.D.Nl, Lot 33, Paradise
Park, New Bloomfield, Pennsylvania.
5
n. SUPPORT
17, The defendant haa a duty to 8UPPol.t the plaintiff and their minor
children,
18, The defendant Is eDlployed ut (,ousewuy und hus gross weekly sulury
ef upproxlmate1y $500.00.
19. Tho plaintiff eurrently ('mploYOlI ul. Plr.r.u lIut nnd hus an gross
weekly salary of llpproxlmat.oly $108.00.
20. The plulnt.lff's IncoDlo 18 Insufflcl(!IIt to provldo for her minimal
nCOlIs und t.hoso of hor ehlldron unt.11 sueh t.lmo an a support ordor can bo
oht.alued hy flllng at. the lJomest.lc Relut.lons Offlco,
21. The plulnt.lff Int.ends t.o petition for anpport. within two weeks of
the Issuunco of u protect.lve order.
R. ATTORNF.Y FRES
22. The plaintiff asks that the defendant be ordered to pay reasonable
Ilttorney fees pursuant to the Protection from Abuse Act,
F. STATUS TO PROCEED IN FORMA PAUPERIS
23. The plaintiff does not huve funds avallnble to pay the fees for
flllng and sorvlce.
WIIEREFORE, pursuant to the provisions of the "Protection from Abuse Act"
of October 7, 1976, 23 Pa.C,S,A, Section 6101 et. SOli., lIS amended, the
plaintiff prays thin Honorable COllrt to grant. the following relief:
A. Grant a Temporary Order pursuant to the "Prot.ection from Abuse Act":
1. RO'llllrlng t.he defelllhmt. t.o refruln from ubusln!! the
plalnt.iff or plnelng lwr In four of ahuse.
2. Re'lulrlng t.he dof,'udant to I'efrnln from having any
cont.uet. wlt.h t.ho plulnt.iff in<:1udlng, but not. limlt.ed to, entering the
r.
plaintiff's place of employment, st.alklng the plaintiff, and haraosing
the plaintiff, or hor relatlvos.
3. Granting t.ellporary custody of t.he minor children t.o the
plaintl ff,
4. Ordering t.he defendant t.o st.ay away from t.he residence located
at 235 Marlet Drive, Mechanlcsburg, Pennsylvania, which t.he parties have
never shared.
5, Ordering the defendant t.(l st/lY away from any residence
the plaintiff may In the future ostabllsh for herself,
6. Ordering the defendant to relinquish to the sheriff's
department any guns t.ho defendant has in his possession, The Cumberland
County Sheriff's Departllent will keep the weapons in their custody
pending furt.her order of court.
B, Schedule a hearing in accordance with the provisions of the
"Protection from Abuse Act," /lnd, after such hearing, enter an order to be in
effect for a period of one year:
1. Requiring the defendant to refrain froll abusing the
plaintiff or placing her in fear of abuse,
2. Requiring the defend/lnt to refrain froll having any
contact with the plaintiff including, but not limited to, entering the
plaintiff's place of ellployment, stalking the plaintiff, and harassing
the plaintiff, or her relatives.
3. Ordering the defend"nt to stay away from the residence located
at 235 Mariet Drive, Mechanlcsburg, Pennsylvania which the parties have
'If.wer Hhared.
7
4, Ordering the defendant to stay IlWIlY from any residence the
plaintiff may in the futurfl establish for herself.
5, Ordering the defendant to relinquish to the sheriff's
deportllent any guna which he hilS in his possession, The Cumberland
County Sheriff's Department wi li keep the Wea\IOnS in thei r custody
pending further order of court.
6, Granting support to the plaintiff in an appropriate amount
according to the support guidelines,
7. Ordering the defendant to pay reasonable attorney fees.
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
copy of this Peti lion and Order be delivered to the Hampden Township Police
Department as the Police Department with jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
24. The allegations of Count I above are incorporated herein as if
fu lly set forth.
25, The best interests and permanent welfare of t.he children will be
served by awarding custody to the plaintiff as set forth in Paragraph 14 of
the Petition.
WHEREFORE, pursuant to 23 P,S, ~~ 5301-5366, and other applicable rules
and lal/, the plaintiff prays this Honorable Court to award custody of the
8
minor children Lo her.
The (1lailltlfC prays Cor such other relleC as Blay be just and proper,
Rdspectfully submitted,
(
V ~tL-z/.
olln Carey
Attorney Cor Plain CC
LEGAl, SERVICES, INC,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
9
The above-named plaintiff, Kelly D, Seidel, verifies that the statements
made In the above Petition arc true and correct. The plaintiff understands
that falae statements herein are made subject to the penalties of 18 Pa, C, S,
Section 4904 relating to unsworn falsification to authorities,
Date:~~
Kelly D. Seidel,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - 6676 CIVIL TERM
vs.
Kenneth E. Ssidel.
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
PETITION TO AMEND
The plaintiff by and through her attorney, Joan Carey of
Legal Services, Inc, states the following:
1. On November 17, 1994, the plaintiff filed a Petition for
Protective Order and custody and a Temporary Protective Order was
entered.
2. The plaintiff amends the Petition as follows:
Delete the names of Jim Maxwell's sister, Andrea, and
the names of her children, Brandon, Timothy J., and Arrissa,
from the sections in paragraph 10 which refer to the names
of those living in the plaintiff's present address at 236
Marlet Drive, Mechanicsburg, Pennsylvania. As of Saturday,
November 19, 1994, plaintiff and her children reside at 236
Marlet Drive, Mechanicsburg, Pennsylvania, with Jim Maxwell.
WHEREFORE, the plaintiff requests that the Petition be
amended accordingly.
Respectfully submitted,
A-II../'
oan Carey
Attorney for Plaint ff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
.'
The above-named plaintiff, Kelly D. Seidel, verifies that
the statements made in the above Petition are true and correct.
The plaintiff understands that false statements herein are made
sUbject to the penalties of 18 Pa. C,S. Section 4904 relating to
unsworn falsification to authorities.
Date
\4~1
~~D~~~~
K 1 yD. ide 1 __________
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SHERIFF'S REWRN
(."(MolClIIWEA nl OF PEN'lSYLVANIA:
COONTY OF ClMBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-6576 Civil Term
Temporary Protective Order Protection
From Abuse and Custody and Petition
Kelly D. Seidel
VS
Kenneth E. Seidel
lIarrv Kino,
, ~r~ Deputy Sheriff of
CUnberland County, Pennsylvania, Who being duly sworn aCCording to law, says,
Temporary Protective Order Protection From Abuse
tMt he served the within and Custody and Petition
Upon Kenneth E. Seidel
, The defendant at
2: 45
o'clock
P.M. EST / lElCIa, on the
18
day of
November
, 199....!.. at
Rt. 81 and Wertzville Road, Enola
,Cunberland County,
Pennsylvania, by handing to
Kenneth E.Seidel
Temporary Protective Order Protection From Abuse
a true and attested copy of theand CUB tody and Petition
and at the same time directing his
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
14.00
8.96
22.96
So answers:
r~~~
R. Thanas Kline, Sheriff
Sworn and subscribed to before me
this ,jD ~ day of '-no ."" c....-.
by./l_ ~
~(7
Deputy Sher
19
<}'(
A.D.
~ L "L~ 0, Yk.L~<"'<'- , 1\JJ",t., \
~I ' ~ r
Prothonotary
Kelly D, Seidel,
Plaint.! ff
IN TilE COURT OF COMMON P!.EAS OF
VB.
CUM DEll LAND COUNTY, PENNSYINANIA
CIVIL ACTION - LAW
NO. 94 - 6576 CIVIL TERM
Kenneth E, Seidel,
Defendant
PIlOTECTION FROM ABUSE
AND CUSTODY
AND NOW, this
Q.IillE Il FO R
21 day of
CONTINUANCE
November, 1994, upon
consideration of the plaintiff's Motion for Continuance, the
hearing scheduled for November 28, 1994, at 8:45 a,m. in
Courtroom No. II, is generally continued affording the parties
time to execute an agreement. This Order is entered without
prejudice to either party to request a hearing.
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 tbis Order for Continuance will be provided to the
lIampden Township Police Department by the attorneys for the
plaintiff,
By
..
.-
.'
Kelly D, Seidel,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
vs,
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Kenneth E, Seidel,
Defendant
NO. 94 - 6576 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
MOTION FOn CONTINUANCE
The piaintiff moves the Court for an Order continuing the
hearing of thtB caBe until further Order of the Court, on the
grounds that:
1. A Temporary Protective Order was issued by this Court on
November 17, 1994, scheduling a hearing for the 28th day of
November, 1994, at 8:45 a.m.
2, The parties have reached an oral agreement and request
additional time to execute that agreement.
3, The plaintiff understands that the Order for Continuance
is entered without prejudice to her or the defendant to request a
hearing.
4, The plaintiff requests that the Temporary Protective
Order remain in effect pending further order of court.
5. A copy of the Order for Continuance will be delivered to
the Hampden Township Police Department by attorney for the
plaint.iff.
WHEREFORE, the platntiff moves t.he Court to grant the
.
.-
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 shall seek
modification (change) of this Order before resuming residence in
the plaintiff's domicile.
7. The defendant, Kenneth E, Seidel, is ordered to stay
away from any residence the plaintiff may establish for herself
in the future except to facilitate custody of their minor
children.
8. The defendant is ordered to pay child support to the
plaintiff in the amount of $200.00 per week payable by meil until
an Order is entered by the Domestic Relations Office,
9. The following temporary Custody Order is entered with
regard to custody of the parties' children until further order of
court; this temporary custody order is entered without any
prejudice to either parties' claims for custody:
a. The plaintiff will have primary physical custody of the
minor children,
b, The defendant will have reasonable partial custody at
least every other weekend at times mutually agreed upon by
the parties.
c. The Perry County Court of Common Pleas will assume
jurisdiction over modification of this Custody Order.
11. This Order shall remain in effect for a period of one
year.
12. The Hampden Township Police Department 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 and an 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 not be taken to jail
but shall be taken without unnecessary delay before the Court
that issued the Order. When that Court is unavailable, the
defendant shall be arraigned before a district justice who shall
set bail according to the
Pennsylvania Rules of Criminal 6113).
Edgar B.
DLe I:, 1I1'J,,; r9~
.
,.
.
~
Kelly D. Seidel.
Pl a1 nt 1 ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 6576 CIVIL TERM
PROTECTION FROM ABUSE
: AND CUSTOIW
va.
Kenneth E. Seidel,
Defendant
CONSENT AGREEMENT ,
tft
This Agreement is entered on this /~ day of
f)..fl~ J.-rnLU2.-r.~
1994, by the plaintiff. KellY 0, Seidel and the defendant.
Kenneth E. Seidel. The plaintiff is represented by Joan Carey of
Legal Services, Inc.; the defendant is represented by Jerry T.
Philpott. The parties agree that the fOllowing may be entered as
an Order of Court,
1. The defendant. Kenneth E. Seidel, agrees to refrain from
abusing the plaintiff. Kelly D, Seidel. or from placing her in
fear of abuse.
2. The defendant agrees not to have any contact with the
plaintiff except to facilitate custodY of their minor children.
3. The defendant agrees not to enter the plaintiff's place
of employment.
4. The defendant agrees not to stalk the plaintiff or
harass the plaintiff or her relatives.
5. The defendant agrees to stay away from the residence
located at 236 Harlet Drive, Mechaniceburg, Pennsylvania, except
to facilitate custody of their minor children.
6, The defendant agrees to stay away from any residence the
plaintiff may establish for herself in the future.
7, The defendant agrees to pay child support to the
plaintiff in the amount of $200.00 per week payable by mail,
__KellY D_c-Seidll.------
Plaint iff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94 - 6576 ~~U Term
vs.
Protection from Apuse & custody
....Kenneth E. Seli!!ll.___________
Oefendant
,..--.P.Bt\JC I E-E_IQj! IT H DRAW..-Arrt ON
__._____....Q.IL~Q.VllJ!lI1.l;l.r.....1IL1\l94 .,JJl!Lp.1..ft1ntlfLf iled a Pet i t i on for Temporary
Protecti~~.QLgl;lLL~ng an Order was ente~d on that d~~~ On Oecember 15.
1.994. the part1!tL~19ned..!LCQns.!lnUg[ee.ml;lll!dm9 a final Order was entered,
M...1hi~ t imh...tnlLPJ airrtJJf n;J.q\!.e.~.tll th!lt...Y1!L_9.nler be vacated and that no
fur~ML.lJ!g!lL!I~Uo.n._P!LP.Y rSU~g..Qy_co\ln~e 1.
---.-----------.---.----.. -,-----
---..-----.---------.---
.----------..-..-----------.---
---.--____..0--._-_.---------...- .--~'-
To LawrenC;.!l_l'-'_\'I!l.l!<.er____..______ Prothonotary
._____ 19...\lL
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J,' ~arey, Attorney fp Plaintiff