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HomeMy WebLinkAbout95-00417 " , " " , " " I II""" 'Ii' ' ",: " i'I'''''! :t'l,!"1 _,I".'/'/,.d IJilil,~"':li' ' ~ni'r;~'~II;NU,'i' "/; Irr.r'Jd"';" .' dl(l)I' ql..-'I I ' ,,""," ..:>;(11 Ildjl,;"."I-", j'it,q'.'\1 :i' It '/ql~\"!:L "I ~l{'il.1 (, ',i ~:"-\li'i:i,t,: ',1 \-! ,ij{,'fi'j"/fl:J II,!;,,,,,,,"I", " ,'.ld'~\<J>~i! ",1 '~:lrV',!'I, il, 11:~h'J!I_1 <, ~: 1;;",.11'/1" , " t\i1!\'i~,1\t'/'t ,'i 't'i\N:""I" 'J)l~i\:i I', '.. > i I .~,:,'I\I,I:I\I},.,li " It',~,Nt~'!ld' 1:,'; 'I'l'."_' Ii;,",!':_'!", ! ! 'f fl~\j'j """ nl,.1 ;1 ;,>;:, ,'I, " I ,'"..' Ii , " I "II Iii' " ,/11 ! j). ' I' i " " ,'I 'I ,~ I >I 1 '1, , ,I, I' " " ,'" fj It! i , , " , , " ;1 ,Ii " \ :'1., H I , ", II " , I I 1,1 " " ," 'I.' " , " I.' " , ", "1;1,) 1...., I,., I," /. " ," I, , " , I' .1', 'I' ", ,I! !. , 1 'I ,'" , ",r'. " ,II \ I' ',j I) , '1'1 'I " , " " " , " , , 'il I " " ," II "1, 'I, ,I. " " " I>," ,J , II,' I) ,I, '" i I 'I _';'1 " , , '.p. , , 'I. I' '1,.1 'I ',';I ,'I 'I,;I!' I' t "~ I ' t,', 1'!i'II" , I" 'I'i " " i II. hI, " I, ,/ ", .Ii " " ,I '\ ,i I' " '! , \11 , ,II" " " , I,. " 'j ,!' \1' i ,j '" . 'II' II' ,(;1,1 I' " ~n' 'n " 'I,] II" I' )11 " ,I,: ,II " .1 " , , <'d' "i " '" :1 I, 1,1 I', ", , ' " t",1 I" III,' ,. " 'illl 'l}/II;; " '! I ; L 'i i~ " " " I I I , I , , 'if'i "~\. i>ll I.', I' {--' !,,', . ;,;,~", ,.. . " il.' ~. ',.- '"I ",I' ,I ", , I' ", , " , ' I " " , d I, 'I I " " , I ,II ,I " >I J', II, ,J(:I: !, , \, '\1,' , I)' I 'I' ,. , " " i.I ;i1t\ , " ," " I' 'I , " '-I " ,', ' ,i " , I' " 'I , " '" 'II " I " " .>1 I, 'I I' ," , , , " , , " , 'il 1-:' 1'1\:'1 I-'i)" \.IJ~ \,,' ,I "~ )\~, "';)~\\, , \, d:\ , -I, ';'~~\, '""\',,, " \ , il~ l~\: j! " " , " " ,I " ," " , , " " 'I :11 "I" , il ,I " , 1'-1 '" " d, , " Nancy E, Krabill, Plaint.i ff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95- ~/17 CIVIL TERM PROTECTION FROM ABUSE John R. Krabi 11 6efendant TfMPQRABY. PRQr~ctIQN 9ROER AND NOW, this ,..1btJ. day of January, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Nancy E, Krabill, now reSiding at 133 S. Eaat Street, Carlisle, Cumberland County, Pennsylvania, is in Immediate and present danger of abuse from th~ defendant, John R. Krabill, the following Temporary Order is entered, The defendant, John R. Krabill, (Date of Birth: January 7, 1964) now residing at 21 N. Hanover Street, Apartment 2, Carl ts1e, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Nancy E, Krabill, or placing her in fear of abuBe, The defendant is excluded from the plaintiff's residence located at 133 S. East Strout, Carlisle, Cumberland County, Pennsylvania, a residence which Is jointly leased by the parties but from Which the defendant voluntarily moved during the first week of January 1995. The deflflndant is ordered to refrain from having any direct or indirect cOIltact with the plaintiff inc1udillO, but not limited to, telephone and written communications, The defendant to enjoined from harassing and stalking the plaintiff and from hAra~st"g the plaintiff's relatives. The defendant i8 enjoined from entering the plaintiff's place of employment, The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or own~d solely by the plaintiff, A violation of this Order may sub.'ect the defendant to: i) arrest under 23 Pe. C.8. 86113; Ii) a private criminal complaint under 23 Pa. C.8. 86113.1; iil) a charge of Indirect criminal contempt under 23 Pa. C.8, 86114, puniohable by Imprloonment up to aix months and a fine of '100.00-$1.000.00; and Iv) civil contempt under- 23 Pa. C.8. 86114.1. Resumption of co-residence on the part of the plaintiff and defendant ahal1 not nullify the provioione of the court order. This Order shall remain In effect until modified or terminated by the Court after notice or heartng and, can be extended beyond that time, 1f th~'Court finds that the defendant has committed another act of abuse or has engaged In a pattern or practice that indicates continued risk of harm to the plaintiff. This Order shall remain In effect until modified or terminated by t.he C(Hlrt, after' notice or' hearing and, can be extended beyond that time, If the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that Indicates continued risk of harm to the plaintiff, This Order ~hall remain in effect until modified or terminated by the court after notice or hearind, A hMaring aha11 of bCldi'ly Injury, This hLls Incluejed, but Ie not limited to, the fallowing apeclfic inetanc8s of abuse: a, On or about January 25, 1995, the defendant telephoned the plaintiff thre~toning that he was going to come to her home to "get her," and no locked doors or PFA would stop him, During the month of January, 1995, the defendant on different occasions, threatened to kill the plaintiff while clenchH19 his fist, threw " object.s at her, tore a telephone out of a wall, threw an answering machine at her, and punched her in the side of her head, b, During the month of December, 1994, the defendant on different occasions, threatened the plaintiff by advancing toward her with his fists clenched and threatened that he would "kick her ass." c. In or about November 1994, the defendant returned to the residence after disappearing for appro.lmately three duyft and forcefully punched the plaintiff in the side of her head. d. In or about April 1994, the defendant repea~edly punChed the plaintiff In the head and face and choked her causing sWfllllng Im(j br'uil'llng, The plaintiff fled the res I donee, ca 11 8,j an 1,lmbu lance, and sperlt the night in the emer~ency room of tho Carlisle Hospital. e. On or about S"lpt,ember 26, 1993, prior to their 2 wedding receptjon, tho defendant threw the plaintiff onto a bed, grabbed her by the threat, held her down on the bed, and choked her causing her to have trouble breathing, 6, The plaintiff bellev~B and therefore aVers that she is in immediste and present danger of abuse from the defendant should she remain in the home without the defendant's exclusion and that she \s in need of protection from such abuse. 7. Th~ plajntlff dosires that the defendant be prohibited from having any direct or Indirect contact wjth the plaintjff or including, but not 1 Imitod to, telephone and written communications. 6. The plaintiff desires that the defendant be enjoined from harassing and stalking tho plaintiff, and from harassing the plaintiff's relatives, 9, The plaintiff desires that the defendant be restrained from entering her place of employment. 10. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or sell ino any property owned jointly by the parties or owned solely by the plaintiff. Q, EXCLY6lVE P06~E&6lQN 11. The apartment from which the plaIntiff is asking the Court to exclude the defendant js rented jn the names of the plaintlf' and the defendant, but the defendant volunta~ily moved out of the residence the first w~ek of January 1995. 3 I! h I 12, The defendant is presenting residing Bt 21 N, Hanover Street, Apart~ent 2, Carlisle, Pennsylvania C. ^JrQ~NfY F~fe 13, The plaintiff aaks that the defendant be ordered to pay reasonable attorney fees to Lagal Servicea, Inc. WHEREFORE, pursuant to the provisions of the "Protection from Ahuse Act" of Octobar 7,1976,23 P,S. g 6101 Qt U.!ilQ., aa amendad, 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 or placing her in fear of abulie. 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. 3. Ordering the defandant to refrain from harassing and stalking the plaintiff and 'rom harassing the plaintiff's relatives, 4, Prohibiting the defendant from entering the plaintiff's place 0' employment. 5, Prohibiting the defendant from removing, damaging, ~estroYlng or selling property jointly 4 owned by the partlea or owned solely by the plaintiff, 6, Granting poase~810n of the apartment located lit 133 6. East Street, Carl Isle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter. 7, Order1ng the defendant to stay away from any residence the plaintiff may In the future establish 'or herself, B. Schedule a haartng In accordance with the provisions of the "Protect,lon fror~ 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 or placing her In fear of abuse. 2, Ord~ring the defendant to refrain from having any direct or Indirect contact with the plaintiff including, but not limited to, telephone and written communications, :L Order ln9 the defendant to refrain from harassing Bnd stnlktn~ the plaintiff and from harassing the plaintiff's relatives, 4, Prohibiting the defende\t from entering the plaintlff's place of emnloyment. 5 CI':WI'U'ICA'l'lON m' I'f'A CON'I'I':MI"l' Calle Number 1~- 'tILti..l-.~d TM..')').J Name ~~IL. 1r!., /{_&l.J!~.~{t..___ _ _.~1-JL_~fJ../.lW 'J-~_hJiA.iiL C,v,.1l.4h. --r-E~_.J 7 0 13 l)alance DUol $ ~g. 'iSo 170 State surcharge I) 171 State Fine I) 260 Sheriff Cost ( $1. 50 + any addU) I) 207 Dilltrict Attorney $ 204 Court. Costs (Clerk of Court) $ 502 Restitution Name 1~tt~.t~L- &/lUiL... $ Address .. ( '-.. City Name Address City Name Addross C it V _____ Victim'lI Namel 1I.A~ t, -kMlt.iL APD DEI,ETE 18,30 $ $ $ $---- $ 10.00 15.00 4-5. SO $ fJ' g/3/QS state Zip $ I) ,>-, state Zip ~ state ~ip Prothonotary Office Person Cort lfYlllg lnformat ion [~..~.Iv... Date ~ . . Hane)' fl. Krabill, Plaintiff IN THE COUnT OF COMMON Pl,EAS OF ClJMBEnLAND GOUN'rV, PIJNNSYLVANIA NO. 911- t.t b1vll, TERM PROTECTION FROM ABUSE v. John R. Krabill, Defendant fBQ'J'IC'l'lOJf OBDIB AND NOW. thll_~ da)' of ~'ebruar)', 19911, upon conllderatlon of the Coneent A.reement of thll parUn, the following Order II enteredl 1, "he defendant. Nancy E, Krabill, Ie enjoined from ph)'elcall)' abueln. the pllllntlff, John R. Krabill, Ilnd from placln. her In fear of abuee. 2, The detendant II enjoined f1'om having an)' direct. or indirect cl)nt&ct with the plalnUtt including, but nqt limited to, telephl)ne and written communications. 3, The defendant Is ordered 1.0 ,'etraln tram har"..ln. and etalkln. the plaintiff and from haraeeln. the plalnUff'e relaUve.. 4. The defendant Is prohibited trom enterln. the plalnt.lff'e place of emplo)'ment. II. The defendant Ie prohibited from removln., dama,ln., destro)'ln. or eelllng an)' propert)' l)wned by the plaintiff or jolntl)' owned b)' t.he pa~Ues. 6. The detendant II l!x<liuded trom the plalnti"le reeldence located at. 133 S, East Street, Carlisle, Cumberland Counl'YI Penne)'lvanla. 7. The defendant Is ordered to III.11Y awa)' from any residence t.h. plaintiff mB)' In the tuture nsl.l1bllsh tor hersolt. 8. This Order IIhall remain In "tteet until modified l)r I,ermlnated b)' t.he Court after noUCll or heBrlng and, IlIll1 bl! extended beyond t.hat Ume, If the Court finds that the detendanl. has '~ommltl,,,d 'llIothOlr act ot abu.e or haa en.a.ed In /I. patte,'n or pra<1l.I<:e !.hat In,lI'la!.ps ,~olll,lnund rlllk of harm to tho plaintiff. Nancy 8. Krabill, Plaintiff IN THE COUR'l' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYINANIA NO. 96-j.H~IVIL TERM PROfECTION FROM ABUSE v, John R. Krabill, Defendant ThlB CONSMN1 AORHaMlNT ;;' I' ,(_// Agreement IB entered on thlB ~__ day of February, 1996, by t.he plaintiff, Nancy E. Krabill. and the defendant, John R. Krabill. The parties a,ree that the following may be entered all an Order of Court. 1. The defendllnt. John R, Krllblll, agreel\ t.o r...fraln from abu.ln, the plaintiff. Nan(lY E, Krabill, Ilnd placing her In fear of abuBe. 2, The defllndant IlgrellB not to have any direct Clr Indirect CClntact with the pl.lntlff Includlnll, but. not IImlt,ed to, telephClne and written communication.. 3. The defendant allreeB nClt to harasB and Btalk the plaintiff and haraaa the plaintiff'. relative.. 4, The defendant oilrlle. not to enter the plaintiff'. place of employment. 6. The defendant agree. not to remove, damalle, destroy, or .ell any property Clwned by the plalntltt Clr JCllntly owned by the partie.. 6. The defendant Illlreea to atay away frolll the plalntltt'. re.ldence IClcated at 133 S. Ell.at Street, Carllale, Cumberland CClunty, Penn.)'lvant... 7. The defendant. agreeB to atey away frClm any residence the plalnt,lff may In the future elltebllah for herMelf, 8. The defendant, although enterlnlllllt.Q thl. A.reement, doell not admit t.he allll,atlollll made In the PflUtloll. 9. Tho defend,mt. undoratenrla t.hllt. the Protection Order entered In thl. matter shall be In effect for a period of one ,yenr. 10. The defllndnnt underatnllda that this Order shall be enforceable In . Nllncy E, Krapi 1), Plaintiff vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 95 - 417 CIVIL TERM PROTECTION FROM ABLISE John R, KrllPi 11, Defendant ffiQ.lliHillL-9.8I.l..EB AND NOW, th is __._t~__ day of February I 1995, upon consideration of the Consent Agreement of the parties IInd the Motion to Amend the Protection Order, the following Order is entered: 1, The defendant, John R. Krabi 11, is enjoined from physically abusing the plaintiff, Nancy E, Krabill, and from placing her in fear of abuse. 2, The defendant is enjoined from hllving any direct or indirect contact with tho plaintiff including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrllin from harlls8ing and atalking the plaintiff and from harassing the plaintiff'e relatives. 4, The defendant is prohibited from entering the plaintiff's place of employment. 5. The defendant is prohibited from removing, dllmaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties, 6, The defendant is excluded from the plaintiff's residence located at 133 S, East Streetl carlislel Cumberland " County, Pennsylvania, 7. The defendant Is ordered to stay away from IIny residence the pllllntiff may In the future establish for herself, 8, This Order shllll remllln In effect until modified or terminated by the Court after notice or hellrlng lind, clln be extended beyond that time. if the Court finds that the defendant has committed another act of IIbuse or has engaged In a pattern or prllctlce that Indicates continued risk of harm to the plaintiff. 9, Thie Order mllY subject the defendant to: i) arrest under 23 Pa, C.S, 16113i ii) II private criminal complaint under 23 Pa, C.S, 16113.1; Iii) a chllrge of indirect criminal contempt under 23 PII. C,S. 16114, punlshllble by imprisonment up to six months and a fine of '100.00-$1 ,000.00i and Iv) civil contempt under 23 Pa. C,S. 16114.1. Resumption of co-residence on the part of the pllllntlff and defendant shall not nullify the prOVisions of the court order, 10. Yhe Cllrliele Police Department shall be provided with a certified copy of this Order by the plalntiff's attorney and may enforce this Order by arreet for Indirect criminlll contempt without wllrrant upon probable cause that this Order has been violated, whether or not the viollltion Is committed in the presence of the police officer, In the event that an IIrreet i. made under this sectlen, the defendant shall be tllken without unnecessary delay before the court that leeued the order. When that Gourt is unavailable, the defendant shall be taken before the appropriate district justice. By Edgllr B, /I , ~_.~--~ Bayley, JuClge " , I I " , , II " , , I 'I , " " , " .. " , , " " " , 1 , II;', . , Nancy E. Kr~bjll. Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95 - 417 CIVIL TERM PROTECTION FROM ABUSE John R, Krabil" Defendant ffiQlli..Ll.Qtj..JlB.Qgfi AND NOW, t~1 is.. _J~__ day of February, 1991.1, upon consideratIon of the Consent Agreement of the parties IInd the Motion to Amend the Protection Order. the following Order is ent,ered: 1. The defendant, John R, Krabill, is enjoined from phyeiclIllY abusing the plaintiff, Nancy E. Krabil" IInd from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including. but not limited to, telephone and written communications. 3, The defendant i8 ordered to refrain from harllesing and stalking the plllintiff and from haraeeing the plaintiff'e r.1at i ves, 4, The defendant is prohibited from entering the plaintiff's place of employment. 5, The defendant is prohibited from removing, damaging, deetroying or ~el11ng any property owned by the plaintiff or jointly owned by the parties, 6. Tho defendant is excluded from the plaintiff's residence located at 133 $, East Street, Carlisle, Cumberland " County, Pennsylvania. 7. The dflfendllnt is ordered to stay aWlly from IIny residence the plaintiff may in the future establish for hera.l'. 8, This Order shall remain in effect until modified or terminated by the Court after notice or hellring and, can be extended beyond that time. if the Court finds that the defendant has committed another act of abuss or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff, 9. This Order may subject the defendant to: i) arrest under 23 Pa. C,S. '6113; ii) a private criminal complaint under 23 PII. C.S. 16113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S, '6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C,S. '6114.1. Resumption of co-residence on the pllrt of the plaintiff and defendant ahall not nullify the provisions of the court order, 10. The Carlisle Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney IInd may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order hae b.en violated, whether or not the violation is committed in the presence of the police officer. In the event that IIn IIrr..t ie made 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 bafor. the appropriate dIstrict justice. (23 P.S, . 611:)). e'ourt'./1 () I/~.. =\ JUi:lg8 By Bayley, Edllar B, , , " " 'I )II I' " , ',1' " Ii " " " I , , " " 'I ,I I " " " " 'I Nllncy E. Krabill. Pllintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PflNNSYLVANIA CIVIL ACTION - LAW NO, 95 - 417 CIVIL TERM PROTECTION FROM ABUSE vs, John R, Krabill, Defendant M.QI.1.O!L TO AMEtiD...EB.QliQIlmL.QB.llEB The plaintiff, by and through her attorney, Joan carey of Legal Services, Inc" moves that paragraph one of the Protection Order entered on February 2, 1995, be ccrrected to nllme John R. Krabill as the defendant and Nllncy E, Krabill liS the plaintiff 80 that the Order is consistent with the Consent Agreement and states the following! The defendant, John R. Krabill, is enjoined from physically abusing the plaintiff, Nancy E. Krabill, and from placing her in fear of abuae. WHEREFORE, the plaintiff, by and through her attorney, Joan Carey, requests that the Protection Order be amended according to the above terms. , Respectfully submitted, '<'1 I~'~~~~y,f-~"(~.<;F-' . Attorney for PlaintIff LEGAL SERVICES, INC, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 , , _ t I~ III } l f!A .. ~ 9 ~:..... "'>-1_' :.~ ..... '...Ir, 1 ..~ <lJ ll'.' I,r ..: :t~ ~.) ;~! 1.,.. atl,] j J I~' '!" -'if) , 't' I i t:j.f; ,. I.!. 11 ~.., , ";}.'I\. ,. .:-:1 ':~ 1.-1 1,1 '-":l - fl.'l Ii,..; .',1 , , , , I " , , , , , J, l,i 'I' , , , " , , .. I' , ,,1' I I I! , , \,,1,-1, I " i) ,I I. " " 1 , , II' \ , [I \ " 'I , , , " 'If I, I I i " ,i , \)1, , 'I , i, ,I , , , , 61f~:Rlf'F"S HE:WJlN aJ+ICNtIEALnl Of' PENN8V1NIINIAI caJNTV OF ClMllER1IINO In The C(HJrt of CamKln Pleas of CUmberland County, Pennsylvania No. 95-417 Civil Tenn Temporary Protection Order Protection f'ron Abuse Notice and Pet it ion for PX'otection Order Nancy E. Krabill VB John R. Krabill Robert f.. Fink. Hr. , ~lbr Deputy Sheriff of Cl.vTtlerllll1d County, Pennsylvania, WhO being duly swom according to lllW, says, tllat he served the within TallJx.!raIT Protection Order Protection Fran Abuse Notic" and Pet ion for Protection Order , The defeooant at 21~0 o'clock Upon ,John R. Krabill P.M. EST / 1aIJ, on the 26 _ day of __ ,January , 19 9~ at 21 North Hanover Htreet, Carlisle ,CUmberlllOO County, Pennsylvania, by handing to John Krabill a true ISOO attested copy of the T Protection Order Protection Fran Abuse No,tice an et on or pro ec on er and at the sanE time direct.Lng his ____ attention to the contents thereof and the "Notice to Plead" eoooreed the.reon. SheriU's CoStSI Doc ke t ing Service Affidavit Surcharge 14.00 2.80 16.80 So answers I '~"."..;t' .__~~. .... rl..~~ ~ I - R. Themas Kline, Sheriff Swom ISM subscribed to before me this...:J. '^ day of ~ 19 1:1 A'Oj'./ J by 6~~~~Sc_ Deputy Sheriff , . . , , .. CfllMINAL COMPLAINT (POLICE) ::;:::::;I~~:~r:~.:t~~':~--'-----'- Psu 18 CtlrrclI L DleTRICT JUSTICE MAOIITlRIAL DISTRICT NO. 09-2-01 1 Courthouse S(lllaL-o, NIIICX Carlisle, PA 17013 A 41411 ~~~?~YM..lt-L~;-'-'_r,. . . I, Karen J. Hnkenbinder, Badge 28 --('N;imt' rI,..~nr:HiiT-'-".'''''''''''''------- Carlisle Police Department (IJ,,,,,,fy d,'p,IrtIllI'lItllr"/l,',;:i':n~f\'\I''''l"r;;;;;J ,,,J/ifi'f,Tiiihd/l'"Mioll }----..-.--. NAME AND ADDRE all COMMONWEALTH OF PENN8YLVANIA DEFENDANT V8, r Jotln b,ncIell Krlb1~l 430 $. iJanovar ,Str..t Cern.le, I"A 17013 001I1 1/07/64 SOCI 209.~8.3265 " , , of flSA AKA ~o hereby 8tate, ( I) CI I accu.e the ~bove n~me~ ~efen~~nl, who liveN ~l Ihe ~~~re", ,et forth ~hove 01', ~ [J I ~CCUNe ~n In~lvl~ual wh'l,e n~me I, unknown 10 me hut WillI iN ~e'cTlhed ~, l I ! - o hi. nlckn~ll\e OT p'lpul~r de,IMn~tlon IN unknown hI me uud, theTef'ITc, I h~ve deNlMnuled him herein UN JOhr [)oel with vluhltlnM the penal laWN uf lhe ('omnllmweulth of l'J:nnNylvunlu ~t 133 S. Jast S'l~eeltl 1st Fool' ( 1~l/n" 1\lfl//n,rNj'J); /m on) -~rrrste ._ - In-----ffiiil?erraoo- _ ('uunty un oi~Ijl;lul '11Y..95 at about 1m-1Z~O hrs PI'rtlcipunlli w~r~ (,, fhl'''' Wt'I\'/llIflldpflllI,I."'III'I' "'d' '"11'/1'\ hl'f'l', ft'/lf.""'''/ll/rt' ",I/Ifl' "III"tI\'I'dt'f~'/ldjlll1) (2) TIle ach commllled by the accu,ed were, @ INDIRECl' CRIMINAL OONTflotPf The defendant violated the Order issued under the Protection From Abuse Act in No 95-417 Civil 1995 on the 16th Day of February 1995 by the Honorable F.dgar B. Bayley, which Order directed the defendant not to enter the residence of Nancy E. Krabill, in that the defendant did enter the reliidence of Nancy E. Krabill on April 26, 1995 at approximately 1615 - 1730 hrs, all III' which were.wwt the peaee and dlMnlty of the ('o/llnll)f\we~lth of l'cnrl,ylv~nla ~n~ contr~ry to the Act of ,Ir in violation III' WAW , . and of the Act of J'une 3 19 . t ' (,~I'f'/IIf" ( S,II,. wd""') or the '.rU,I.' II!' (1\)/flll'I,'811"''//I'/I/d/l) I a,k that ~ w~rrant III' arre,t or a SU/llnhln, he 1"lIed ~nd thaI the accu,ed be required to) an,wtr the chllrlu I havt /Illlde, Or~lnance of ' I, (J) (-4) I verify that the f~~h ,et forth In thl, cornpl~lnl ~re Irue ~nd cnrrcct,' hi he he,t of my knowledle IIr Inr,)rmathm and belief, Thl, vcrlflc~tlon 15 Ill~de ,uhJect tll the pcnultle, of Section 49l)4 of the ('rim l'll~e (18 Pia. C. S. 1-49().4) rellltlnM tll UnNWIITl\ ful,lflc<lthlll tll <luth'lrltieN, ~. ~' 'J- \... '/J:17 ,I'/r,~ __ ---; r _ / 1.7(__ r ,I/lnlllllrrllfro"'fll,nrlfl AND NOW, onthl, date ..___________, 1<) ..__' , certify the c')lllplulnt 11<1' heen pruperly completed ~nd ~erlrled, and thlll Ihere 15 prohahle cau,e for I,"u~nce llf process, , " 'X'i.,N.6J'fII""",)' . (fmlln,A"",,,'U,I,!J (SEAL) .' I ,., ,.' , I I, AfflDAYIT '''011I CONTAINING PIIO.AILE CAUSI '011 THEISlUANCE 0' A WARRANT 0' AIIIIUT . '011 John Randall Krabill, 430 S, Hanover Streat, Carlisle, FA 17013 OOBI 1/07/64~ On 4/26/95 I responded to 133 S. Ea~t Street reference a complaint of unauthorized persons entering t.l\ll home of Nancy Krabill and Jennifer Swanger. According to them at about 1615 . 1730 hrs on 4/26/95, John Krabill and David Stodghill entered the back door Qf 133 S. F.alt Street by coming through a door which was unlocked to let the cat out. Swanger wall in the residence and advised them to leave. They only did 80 after removing food from the refrigerator and another item which Swanger slated she was unsure as to what it was. Both were visibly intoxicated. Swanger notified Krabill who has a PFA against John Krabill which prohibits him from being in the residence. Stodghill has also been advised llveral times by Nancy Krabill and police not to harass her or come to her home, Based upon the llbove evidence, I ask that a warrant ba issued for Criminal 'J.):espllss for Stodghill and Krabill. I I , i , " ' , I " 1;1 " " , I I, ' I' , 'I 1'1 I 1 , " , ,', " ',\ , \ ii' , ' ,,, , " ., I " I' peraonallr app.arld b.for. m. on .........."...",.."..",,". ,....... lh. Alllan' above namld, who, b.lng duly .worn (alllrmad according '0 law, .Ign.d Ihl. Allldavll Rld.r In my pr...nc. .nd d.polld and .ald Ihallh. lacl' lit lorlh Ih.r.ln ar. true and corr.ct lolh. bI., 01 Alllant. knOWledg., Inlormallon and bllI.r, (,nulng Authorl,y) IIEALI . . Oounty, Pennsylvania. 7, The defendllnt i. ordered to .t.y away from any re.idence the plaintiff mllY in the future e.tabll.h for herl.". 8. Thia Order shall remllln in e"eot until modi'ied or terminated by the Court after notice or hearing lind, clln be .~tended bey~nd thllt time, i' the Court finde that the de'endlnt has committed another act of abuee or haa engaged in a pattern or prlctice that indicate. continued ri.k of harm to the pllllnti". 9. Thill Order may subject the defendant to: I) arrest under 23 Pa, C,6, '11113; Ii) a privllte criminal compllllnt under 23 Pa. C,6, ,el13.1; iii) a charge of indirect criminlll contempt under 23 Pa. C,6. '6114, punishable by imprisonment up to .ix months and II 'ine 0' '100,00-$1,000,00; and Iv) civil contempt under 23 Pa. C.6. gel14.1, Resumption of co-residence on the pllrt of the plllintiff and defendant ehall not nullify the provillions of the court order, 10. The Carli.le Police Oepartment shall be provided with a certified copy of this Order by the plainti"'s Ittorney and may en'orce thie Order by arrest for indirect criminal contempt without wllrrant upon probable cause that this Order hils been violated, whether or not the violation is committed in the presence of the police officer, In the eVent that In arrest i. made under thi. section, the defendant shall be taken without unneces.ary delay before the court that issued the order. When ~" ._-...~ ". . that court i. unavail'bl., the defendant Ihall be taken before the approprillte diatrict JUlltice, (23 P,S. . 11113). By the Court, '~ /'~ -L ,,::.). ~. ~ ay,.y, . Judge ' . , " " 1 , I, , , ' . I ' , II J " , " , , , , I, I' ,,' , ! 1\-1 ,'J 'I I! , I TRUE COpy FROM RECORD h'l T ..tlmony wlIll'lOf, IlItr. \/lito Nt trrt Mild d'ld Ih. IUI 01 said Cour t Carll"', PI. lnl da 01.' ".1' 'fS" , . ry . , " ", \ " " ,. " " " , !, Ii '! , , q'l , ,'I , I t..-~;.,i , I ~, .\ ~I. .. , " ,I I'll I " 7;- .::r ",- " 1-- ..' I.;!oJ "\' \.c .. '''I 11(: ,-, r ,..r. - ,I'" I' I'" ..,' .: , C :..'L I.." , 1..\ ' " ~l " " (,) I ,:.'Q ,." ' .. h\,\ - tl ~,;1 \ .,- (\,.1\ - '~~ ! . 'J r: r., ~ ~ 'I 1-" tll\ , " '.\ " " " " , , ,I 1'1 ,I " " , , I , , I' \, I,' I I , , I' " " : 'I ,'.1 , J COMMONWEALTII IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, JOliN R I<RASILI. TERM' NO, CHARGE 1 AFFIANTI 199!H5041'i' CASE TRANSFERRED FROM CIVIL DIVISIO OTNI ../ IN REI RULE TO SHOW CAUSE ORDER OF COURT AND NOW, May 23, 1995, in consideration of the attachlld petition, the court issues a Rule to Show Cause on the defendant why he should not be adjudged in contempt of court for flliling to pay the sums set forth in the petition, The Rule is returnable and the hearing shllll be held on July 14, 1995 at 9130 AM in Courtroom No, 4, of the Cumberlllnd County courthouse, Carlisle, Pennsylvania. Service of the petition to be made on the defendant by Certified Mail, RetUrn Receipt Requested and by regulllr mail, By the Court, District Attorney's Office Public Defender's Office / i- <> Ir ""0 ,r:~ . ."r' , ....fT1 ,., - I,;, - " a ., " !;; '" ~ Probation Office I .. COMMONWEALTH IN TilE COURT OF COMMON PLEAS Of' CUMBt;Rl,AND COUN'ry, PENNSYLVANIA V. JOliN R KRABILL 1995-50417 35327 CASE TRANSFERRED FROM CIVIL DIVISIO TERM' NO, PROB, NO, CIIARGEI OTNI AFFIANTl IN REI PF.TITION FOR RULE TO SIIOW CAUSE WHY THE DEFENDANT SHOULD NOT BE HELD IN CONTEMPT OF COURT AND NOW, May 23, 1995, the ProbatIon Offlce of Cumberland County, respectfully petitions Your Honorable Court to illllue a RUle why the defendant should not be held in contempt of court. The defendant has failed to comply with the Court Order dated 4/2711995. The defendant has failed tOI 1. Report to the Probation Office in pereon at the time and date set by the Collections Officer. 2. Make regular payments on the fines, costs, and restitution as agreed, 3, Other I The defendant has agreed to pay $88.80 per month. Date last paid wall 0/00/0000. The blllance 18 $88.80. Therefore your petitioner prays this Honorable Court is.ue a Rule why the defendant should not be held in contempt of court. Respectfully submitted, -!J"'/L ' ..,/ ",-', /v~ neputy Clerk of Court. ( d !, "(. 'Pet toner I , );. I c' ,( '. .. , , "1'1, " , I , , I , , , , , , ,,' , I, , , " , , " I " " " I' I " , , ,~ .tJ' r.' 1\ , r'" .... , " ,~ ., ;'t ',' ",' .. '1 111 ~ I .~ . . '. .on~ " - '" ~., , "11j-j 'i~ It-,, , I , Ij' ' " .,,;; 1 ;: ~J " 'i, ()l..'. ,. I' :" 'I'r? [:Ii ) J", II' ~:I _J11 -. "'Il(~ ,'I II. I r" iM'; 1"1' I " II. m (1 (.) rJ' " I ',I 1 , I I' " " " , , , 'Ii 'I i"j I I'" 1',1 ,II 'I I 'I' .! , " " , ,(; ,