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HomeMy WebLinkAbout95-00393 ':'1 " ,\,',,'. '..' . , "j' , ' ,,' I , , , '1)1 ~ '~ it \' :1J. " I ~I,I \:'11' \; , I.,' JH, , II " I ~ , , I', i,; ~, t .',11 I ~,' I' ' ' ?" " I " ~, ~ 'ff) ~ Sally J. Norrell, Pia intiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- 3'13 CIVIL TERM PROTECTIoN FROM ABUSE Clary L. Kitner, Defendant AND NOW, this HHPQRARY PRQUCTlQHQRJ,),fiR ,'~ ~p1 day of January, 1996, upon presentation and consideration of tho within Petition, and upon findIng that the plaintiff, Sally J. Norroll, now residing at 22A S. Spring Garden Street, carlisle, Cumberland County, Pennsylvanla, is in immediate and preijent danger of abuse from the defendant, Gary L. Kitner, the following Temporary Order is entered. The dofendant, Clary L. Kitner, date of birth: June 16, 1971, now residing at 24 Holly Street, Mt. Holly Springs, Cumberland County, Penn~ylvania, is hereby enjoined from physically abusing the plaintiff, Sally J. Norrell, or placing her in foar of abuse. The defendant is orderlild to stay away from the plaintiff's .' residence located at 22A S. Spring Garden Street, Carlisle, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff, except for the limited purpose of transferring custody of the parties' chIld. During the transfer of the child, the defendant will not go Into the plaintiff's residence. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, llxcept for the limited purpose of file 111 tat. I ng cust.olly arrangements. The defendant ill enjoined from htlraSfllin9 fwd flta'lking t.hlt plaintiff and from harassing the plaintiff's relatives. The defendant ia enjoined from entering the plaintiff school, The defendant Ifl enjoined from removing, damaging, destroying or selling any property owned jointly by the partios or owned solely by the plaintiff. In order to insure that the plaintiff have access to the child and to avoid further abullll, tamporary ClHltody of the plaintiff'6 child, Peyton Nicola Kitner, will be in the plaintiff. The ~~' defendant will raturn t.ha r:h 11 d to the pIa I nt j ff' B custody. The i" a l'c"","" ,.,' J_ I' dk /~II't."-'.v f<-"MG de,fendant wi 11 ha/ve,peri01io o.f custody "very \lllehe~lQ fre", rridft)l at d<;.I'.... ' .Jc.A-.,(f..<~,C.il.;' "0"'6 (~",.",t., 1,0-, ,-("j.....F" (....h~~"~J'"."l~ ti-.....I.,...'v.c/...h4 IkOtr-Jh1lh-tJ~t.-l-Lilim~at 7 :.UO-fl-rfll. Tha defendant wi 11 not enter ' tho plaint.iff's residllnce at. t.he time of tnll1Bfer of custody. The Cumber 1 and County She I' Iff' f; off i ce will hel p t.o fac 11 i tate tran6fer of the child from t.he defendant to the plaintiff. A violation of this Ordor may Ilubject the defendant to: I) arreat under 23 Pa. C.S. 16113;11) Ii pr'lvate c;rimina1 complaint under 23 Pa. C.B. 16113.1; 1'1) a charge of Indirect criminal contempt under 23 Pa. C.B. 16114, punt!lhable by Imprlaonment up to six montha and a fine of $100.00-$1,000.00; and Iv) civil contempt under 23 Pa. C.S. 16114.1. ReBumpt.lon of co-realdence on t.he Pflrt of the plaintiff and defendant Ilha11 not nullify t.he provialona 0' the court. order. This l1rcJer shall remain In effect until modified or terminated by the Court. after notice or hBaring and, can be extended beyond that time, if the Court. flndB that. the defendant haB committed another act of abuse or haB lH1{JElfllld in a pat. tern or' pract i Ge t,hat. indicates continued risk of harm to the plaintiff, This Ord19r shall remain In effect Imtil modified or t19rminated by the Court after notica or haaring and, can be extanded beyond that time, if the Court. finds that the dafendant has committed another act of abuse or has engaged In a pattern or practice that indicates continued rIsk of harm t.o the plaintiff. This Order shall remain in affect unt.11 modtfied or terminated by the court after nottce or hearIng. A hearing shall be held on '} II - fl' th t 6 matter on the day of,':' id "11..1 ,1995, at 11'1',,:,. m, , in CourtnlCJm No.Jf Cumberland County Courthouse, Cnrl isle, Pennsylvania, The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff'. Department shall attempt t~ make serv i ea at thl1l p I a i nt \ f f' e reqlleBt and wi thout pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Ordar shall be docketad 1n the office of the Prothonotary and forwarded to the Sher I ff for aerv I ee. rhe Prothon()tary shall not send a copy of this Order to the defendant by mai 1. The CarliBl", Police Depar.tment Will be pr'ovided with a certified copy of this Order by tho plaintiff's attorney, This Order aha 11 be enforced tly (my law enf0rC'.lment /lgency where a violation occurs by arrest for indirect criminal contempt without warrBrlt upon probab 1 e couse tha t. th \s Order hAS been vi 01 ated. Bally J. Norrell, Plaintiff IN THE COUnT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 95- CIVIL. TERM O.,ry L. Kitner, Defendant. PROTECTION FROM ABUSE PEUUQN fOR. PROTf.GTJONQRDfR RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 P.G. U 6101 at seq. ,." AalJl.I~ 1. The plaintlFf,Sally .J. Norrell, is an adult, indjvidual residing at 22A S. Spr'ing Garden Street, Carl isle, Cumberland county, Pennsylvania 17013. 2. The defendant, Gary l.. Kitner, (Date of Birth: June 16. 1971), is an adult individual residing at 24 Holly Street, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 3. The defendant is the Father of the plaintiff's daJghter. 4. Since approximately August 1990, the defendlnt has attempted to cause and has Intentionally, knowingly, or r~cklessly caused bodily injury to the plaintiff, and has placed the plaintiff in reasonable fear of imminent. serious bodj ly injury, and hilS knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff including following the plaintiff, without proper authorization, under circumstances which placed thu plaintiff in reasonable Fear of bodily injury. Thjs has included, but is not limited to, the FOllowing specific Instances of abuse: a. On or ubout ,January 16, 1995, the defendant threatened to rape the pI 0 i n tiff, then came ,wer to a rocking chair where the plaintIFf waR aitting, grabbed the chair, and forcefully flipped It backwards cau~ing the back of the chair to hit the floor and causing the plaintiff to fear. When the plaintiff was able to get up, she moved onto the couch where the defendant grabbed her by both arms, picked her up and held her over the back of the couch, forcefu II y and repeated I y shak i ng her, and caus i ng the pIa i nt iff to h it her head on a wooden part of the couch while she cried snd pleaded for him to 1 et go of her. When thl3 pIa i nt I ff got free, she ran toward thl3 door and the defendant grabbed her and threw her down onto the floor calJS i ng her to hit the wa 11 . When the plaintiff got up and tried to get to the door again, the defendant grabbed her and threw her back down onto the floor caus i ng her to hit the wa 11 . When the plaintiff got up, opened the door, and tried to get to a friend's house to call the police, the defendant grabbed her arm again, but she was able to break free and run to her friend's where she called the police. b. In or abOIJt November 1994, the defendant grabbed the plaintiff by both arms and threw hl!tr onto the couch causing her to fear for her safety. c. On or about November 22, 1994, the defendant came to the plaintiff's residence, grabbed her by the arms, threw her onto the couch, grabbed her by the face forcefully squeezing It, broke her coffee table, smaehed her telephone onto the floor caua i n9 her t.o fear fc;,r her s~'ety, and threatened to kill her. d. Since approximAtely Auguat 1990, on several dlf'er.nt occasions, the defendant has pushed, arabbed, shook and choked the plaintiff. 6. The plajntiff beli/lveB and therefore Elvers that she is in jmmediate and pre~ent danger of abuse from the defendant And that she is In need of protection from such ~buse. 6. The plalntjff dsalres that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written commun i cat ions, except for the 11m j ted purpose of fBC i I itat i n9 custody arrangements. 7. The plaintiff desires that. the defandant be enjoined from har~Bsing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained 'rom entering her school. 9. The plaintiff desireB that the defendant be enjoined from removing, damaging, destroyjng or sel11ng any property owned jointly by the partjes or owned solely by the plaintiff. a. JiXCI,tHHYE POIl6J:llf;JON 10. The apartmetlt from whidl the plaintiff is asking the Court to order the defendant to stay away i 6 rented in the plaintiff's name. 1" The ~orQndant h&B hla own residence located at 24 Holly Streot, Mt.. Holly Sprinijfl, PtlrHl'lylvanlll. P, AHORNf.Y fff.S 12. The pln''''.iff aBks t.hut t.hfl defendant be ordered to pay reaGonabla att.ornay fees to Legal 8arvices, Inc. f., rJ:MPQRMW GIJSH}OY 13. Tho plaintiff filed a Complaint for Custody on December 6,1994, In t,htl Court, ,)f Common Pleas, Cumberland County, Pennsylvrwlll, No. ~)4 a90;'!. A conciliation conference is IIchedu llHl for Fllhnllll'y I', 1 99/,), at 10::.10 a. m. bl'lfore Hubert X. Gilroy. 14. nal plllintlff HlHIIIB temporar'y custodY of the chjld fllHHI Inti UUl ".HI' 11 11It.lon or' furt.her order of court. I/') , nlll heul. Int..frasts and permarlflnt. wolfare of the child will Ill! milt, If cust.ody ill t.emporarlly granted to the plaintiff pllndlno II hourlr\\l in this mllt.ter for reasons including the r 0' I ow irlll : a. Hm mr)t.flHr hl1~ been the pr i mar'y caretaker of the chil~ utlt.11 t.h'l pnd,ios separation. .After t.he parties .,,,parllted, IJllch rmrllnt ht.lB been spending time with the child. f!<lw'Jvor, on IHIV..Jr'/I I nee/HI I on!J, t.he father has der, I ed the mothar ~C(HBB 1.0 t.hy chll~ for periods of time and has been ur\wl t ling to llgrae t,Q .'} GUHtody schedule. b. During the tn.;idont on or about January 16,1995, the dll hI WIlH lit tho plr\lnt.lff'n reoidence, but when the plaintiff fhtd t,f) fHlrety, ahe wae forced to leave the child behind. The defendant thon romov~d the child from the cars and custody of , the plaintiff, and since that time ham refused the plaintiff . access to the child. 16. The plaintiff aS~\6 that a temporary custody order be entered pending the custody conci I iat.ion to prevent any further incidents of abuse in front of the chi ld and to ensure that both parties have access t.o the child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of Oct\1ber 7, 1976, 23 P.S. g 6101 .~t !il!lq., as amended, ths plaintiff prays this Honorabla Court to grant the followi/lg reI ief: A. Grant a Temporary Order pursuant to the "Protect i on from Abuse Act;" 1. Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect Gontact with the plaintiff including, but not I tm1ted to, telephone and written Gommunicat1tns, except t.o facilitate cuetody arrangements. 3. Ordenng the defendant to refrain from h3rasslng and stalking the plaintiff and from harassing the platntiff's relatives. 4. Pro~libiting the defendant from entering the plaintiff's school. f1. Pr'oh 1 t> I t.1 n!) UlIl defondllnt from remov i ng, dnmaglno, [113flt.n}ylng or flaIling propert.y .jolnt.ly owned by the part.leR or owned solely by the plaint.lff. 6, Ordering the \1efendant. to stay away frQm the plaintiff's residence located at 22A S. Spring Garden Street, Carlisle, Cumberland County, Pennsylvania, except. for t.he limited purpose of tran~1ferrlng cust.ody of the par'tles' child. During the t.runsfer' of Ule chIld, t.he defendant will not aliter tJle plf\jnUff"s residence. 7. Order I ng t.he defendant to stay away f rom any residenGe the plaintiff may In the future establish for henlu If except for t.he 1 1m i terj purpose of transferrin!) cust.ody of the partiea' child. During t.he transflH' ,}f the child, t.he defendant will not go Into tho pllllnt.iff's residence. e, OnJer I ng that. tempornry custody of the plalrit.jff's child, Peyton Nicole KHner. be t.ransfarred from the defendant to the p I a 1 nt 1 ff. Grant I ng t.he defflndilnt. per lodli of custody every weekend fr'om Friday Ilt 0:00 p.m. unti 1 SlJrlday at 7: 00 p, m. The defendant will not enter the plf.\lnt.lff'fl n1>lldenc<l at t.he t.ime of tranaflJr of custody. The Ct,lnlblH'land County Sheriff's office I .J , I wi 11 help to facilitate transfer of the child 'rom the defendtHlt. to t.he plritntiff. B. Schedule a hearin9 in accordance with the provisions of t.hl) "Protection from Abuse Act," and, after such hearing, enter an order to be In effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff and placIng her In fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, custody arrangements. except t.o fac j 1 i tate 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plalnt.iff's relatives. 4. Prohibit.ing the defendant frqm entering the plaintiff's school. 6. Prohibiting the defendant from removing, damag i n9, destroy I ng or se 11 i ng property Jo i nt 1 y owned by the parties or owned solely by the olaintiff . 6. Ordering the defendant to stay away from the plaintlff'e residence located at 22A S. Spring Garden street, carlIsle, Cumberland County, Pennsylvania, except for the limited purpose of transferring custody of the parties' child. During the t.r'an:afer' of the chilel, the deftmdant. will not enter the plaintiff's residence. 7. Ordering t.he dafendant. t.o Eltay away from any residence t.he plaintiff may in t.he fut.ure establish for herse If, e,~cept. for the 1 i mi ted purpo<'le of transferring cust.ody of t.he part.ies' chi ld. During the transfer of the child, the defendant. will not enter the plaintiff's residence. 8. Ordering that. temporary custody of the plaintiff's child, Peyton Nicolo Kitner, be tranBferred from the defendant. t,o the plaintiff. Grant I n9 t.he (jefendant per lods of custOdy every weekend from Friday at. 6:00 p.m. unt.il Sunday at 7 : 00 p . m. The defendant will not enter the plaintiff's residence at the time of transfer of custody. The Cumberland County Sheriff's office will help t,o facilitate transfer of the child from the defendant. t.o the plaintiff. 9. Order t ng the defendant. to pay reaaonab I e 'attorney fees to Legal Services, Inc. The pllt,intiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the Carlisle Police Depart.ment " , " I , , , Sail)' J, Norrell, PlalnUff IN THI COUR'I' OF COMMON PI,IlAl! OF OUMBIlRI,ANJ) OOUNTY, PENNSYLVANIA NO. 9I1.J1.'CIVIl, TERM PROTECTION FROM ABlISE v, Oar)' I.. Kitner, Defendant ~'" ORD.a AND NOW, thla .~ da)' of Februar)', 1~911, upon con.lderatlon of the Conaent. Allroement of t,he partlea, the followln, Order la enteredl 1. The defendant, Oar)' L. Kitner, I. enjoined from ph)'.lcall)' abualn. the plaintiff, Sall)' J. Norrell, or from placln, her In fear of abuae. 2. The defendant I. enjoined from havln. an)' direct or Indirect conl4ct with t,he pll1lnUff Includln" but not. limited to, telephone and written communlcaUons, ellcept for the limited purpoae of facllltatlnll custod)' arran,ements. 3. Tho defendant la ordered to refrain from har..aln. and atalkln. the plaintiff and from haranlnll the plaintlff'lI relative.. .. The defendant. la prohibited from enterln, the plalntlff'a achaol. II. The defendant Is prohibited from removlnl, damallnl, deatro,ln. or lelllnl an)' propert)' owned b)' the plaintiff or jolntl)' owned by the partlea. 6. The defendant la ordered to sta)' Itowa)' from the plalnUIt'a realdence located at 22A S. 8prln. Oarden Street, Cltorllsle, Cumberland Count)', Penna)'tvanla, ellcept for the limited purpose of trlton"errlng custod)' durin, which time. the defendant will not flnter the plaintiff'. reRldence. 7. The d ,fendant Is ordered to ow)' awa)' from an)' residence the plRlntlff ma)' In t.he future establish for heraelf except for the IIl1lted purpoIll of tranefllrrlrlll cURt.od)' durlnl which t.Jmes the dtllendant. will not enter the . , plalntlf,'a realdence. 8. Thl. Order shall remal/l In effect until modified or termlnat811 by the Court after notloe or hearlnll and, can be extande4 be)'ond that time, If the Court flnda that the defendant h/loll committed another act. of abuae or hal enllalled In a pattern or practice that Indlcatea continued risk ot harm to the V1alntlff. 9. Thle Order ma)' subject the defendant tol I) arrest under 23 Pa. C.S. 86113~ II) a private crlmlnat comptalnt under 23 Pa. C.8. 86113.11 III) a chl\rlle of Indirect criminal contempt unller 23 Pa. C.B. 86114, punllhablll b, Imprlaonment lip to aile months and a fine of $100.00-$1,000.001 an4 Iv) civil contempt under 23 Pa. C.S. 86114.1. Relumptlon of co-residence on the part of the plaintiff and defendant sh"lI not nullify t,he provlslonl of the court ordllr. 10. The CBrllsle Police Departmant Ihall be provided with a certified cOI'Y of thll Ordllr by the plaintiff's attorney and may enforce thll Order by arrut for Indirect criminal contempt without warrant upon probablll caUl1I that thll Order hal been violated, whether or not the violation II committed In the presence of the police officer. In the event that an arrelst Is made undtr thll lectlon, the defendant Ihall be taken without unnecellarl' dela;y before the court that I..ued the order. When that court II unavailable, the defendant ahall be taken before th" appropriate dl.trlct JIl.Uo.~ (23 P.B. 8 6113). 8al1)' J. ~orrell, IN THE COURT or COMMON PUlAS or CUMBF:JU,AND COUNTY, PENlfSYINANIA NO. 91h:i\'JCIVll, TERM PROTECTION FROM ABUSE Plalntl'f v. Oar)' I.. Kitner, Defendant, This Ailreement I. gYlUi.fll!.LAQJlU)JBII.T ent.ered on t.hls ,~._tiI , day of F'ebruary, 1991S, by the pllllnt"f, Sally J. Norrell, lAnd the defendant, Oary L. Klt.nor. 'I'he pllllnUrr Is represent.ed by Joan Carey of I,EOAI, fi\Ii1RVICIlS, INC., t.he defendant Is represented by James J, K'lyel', TIl'l 11l1rUes ,1i1rue that. the followln. may be entered as an Order of Court. 1. The defendnnt, Gary L. Kltner,a.rees to refrain from abusln. the plalntltf, Sally J. NOrrel1, or plaelnil her In fear of abuse. 2. The defendant allroes not to have any IUrect 01' Indirect contact with tho plalnt"f Indudln', but not limited to, tolepho/lfl and wrlt.ten communlcatlonB, except for t.he limited purpose of facllltatln. 'lustody Ilrran.ements. 3. The defendant. a.reea not. to hal'ass and stalk the plalnUrr and haraas the plalnUtt's relatlveB. 4. The defendant a.reea not to linter the plalnUtt's school. IS. The defendant Ilgrees not to remove, damn.e, destro)', or sel1 any property owned by the pllllntltf or Jointly owned by the parUes. 6. The defendant a"rees It) stay aWIIY from the plalntltt's rellden.,e located at 22A S. Spring Garden St.reet, Carll8le, cumberland COllnt" Pennsylvania, except. for the IImlt.ed plll'p08e ot trl1nSfllrrln. <lustodY durin. whtch Ume8 t,he defenlll\nt. will lll)t elIteI' the \)lalnl.ltt'8 relllde/ICo. 7. Thu dllfendl1nt. l1.roell to st.ay I1WIlY tram ,Iny l'1l8hh'l\llll t.he I I , t . . plaintiff may In the future IIItabllah for heraelf, elcept for the limited purpoa. of tran"errlnll cuatody durin. which tlmoa the defendant will not enter th. plalntlff'a rllBldence. 8. The d..fendant, alt,houlh enterlnl Into thle AII'ltement, dOIll not admit the allelatlona made In the Petition, 9. The defendant underatanda that tha Protection Order entered In thla matter Bhall be In effect for a period of one year. 10. The defendant underatandB that thlB Order ehall be enforceable In the eame manner aB t.he Court.'s prior Tomporary Protection Order entered In this caBe. WHEREFORE, the pBrtlell re'lueat that. a Protection Order be entered to reflect the above termB. c\.. / LIlOAL SftVIOlltl, INC. 8 Irvine Row Carllale, PA 17013 (717) 243-9400 L b.rty l..oft .. E. Liberty Avenue CBrUale, Pa 17013 (717) 243-7922 . I . ,