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HomeMy WebLinkAbout95-02067 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV, PENNSVLVANIA NO. 95-.201./ CIVIL TERM PROTECTION FROM ABUSE AND CUSTODV RUTH M. KNECHT, Plaintiff MICHAEL S. KNECHT, Defendant TBMPORARY PROTIOTIO. ORDIR AND NOW, this ~ day of April, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, RUTH M. KNECHT, now residing at 217 Louther street, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, MICHAEL S. KNECHT, the fOllowing Temporary Order is entered. The defendant, MICHAEL S. KNECHT, SSN: 183-54-8861 and DOB: 12/8/69, now residing at 122 Meales Drive, carlisle, Cumberland county, pennsylvania, is hereby enjoined from physicallY abusing the plaintiff, RUTH M. KNECHT, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 217 W. Louther street, Carlisle, cumberland county, pennsylvania, a residence which is owned by the plaintiff's parents and where the plaintiff and her child moved to avoid abuse. 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, except for the limited purpose of facilitating custody arrangements. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment. A violation of thia Ordar aay aubjact tha dafandant tOI i) arraat undar 23 fa. C.S. 51113; ii) a privata criainal coaplaint undar 23 fa. C.S. 51113.1; iii) a charga of indiract criainal conteapt under 23 fa. C.S. Sill., puniahabla by iapriaonaant up to aix aontha and a fine of '100.00-$1,000.00; and iv) civil cont..pt under 23 fa. C.S. 5111..1. Raauaption of co-raaidenca on tha part of the plaintiff and dafandant ahall not nullify the proviaiona of tha court ordar. This Order shall remain in effect until modified or terminated by the Court 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. Temporary custody of KATLYN M. KNECHT, is hereby awarded to the plaintiff, RUTH M. KNECHT. This Order shall remain in effect until modified or terminated by the court after notice or hearing. A hearing shall be held on this matter on the Ii"- day of ;;;;l~ 1995, at ;{ '. "1.5' ,"" ~.m., in Courtroom No.~, cumberland county courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland county Sheriff'S Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, 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 Carlisle Police Department will be provided with a certified copy of this Order by the plaintiff's attorney. 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 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 before the appropriate district justice. (23 P.S. S 6113). By the Court, RUTH M. KNECHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM MICHAEL S. KNECHT, Defendant PROTECTION FROM ABUSE AND CUSTODY HOT I C Z 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 appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the court may proceed 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 re1uested by the plaintiff. You may lose money or property or other rights important to you. rzzs AMD COSTS If tho case goes to hearing and the judge grants a protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal services, Inc. for their representation of the plaintiff. You .hould taka thi. papar to your lawyar at onca. If you do not hava a lawyar or cannot afford on., qo to or tal.phona the offica ..t forth below to find out whar. you can qat laqal halp. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of common Pleas of Cumberland county is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. RUTH M. KNECHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM MICHAEL S. KNECHT, Defendant PROTECTION FROM ABUSE AND CUSTODY PITITION rOR PROTICTION ORDIR AND CUSTODY RILIEr UNDIR TUI PROTECTION rROM ABUSE ACT, 23 P.S. S 6101 at ..q. A. ABUSI 1. The plaintiff, RUTH M. KNECHT, is an adult individual residing at 217 W. Louther street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, MICHAEL S. KNECHT, SSN: 183-54-8861 and DOB: 12/8/69, is an adult individual residing at 122 Meales Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant is the husband of the plaintiff. 4. since approximately 1989, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about April 7, 1995, the defendant threatened the plaintiff throwing a kitchen chair across the room while saying, "I'm going to hurt you twice as bad as you hurt me, and I'm going to take you down for hurting me." Fearing for her safety, the plaintiff telephoned her father to come and help her and the child leave the residence. b. On or about March 31, 1995, the defendant became angry and kicked a wooden doll cradle into the plaintiff's foot, causing her pain. When the plaintiff sat down on the bed to look at the injury, the defendant kicked the plaintiff in the injured foot saying, "Now you have something to cry about." The defendant screamed at the plaintiff and threw a basket which landed near the plaintiff, causing her to fear for her safety. The plaintiff suffered soreness and bruising to her foot. c. since 1989, approximately every three months, the defendant abused the plaintiff in ways including, but not limited to, the fOllowing: shoving, grabbing, pulling hair, throwing the plaintiff to the floor, kicking, punching, and slapping the plaintiff. The defendant also rips up the plaintiff's Clothing, cuts up her credit cards, and throws items at or near the plaintiff. d. In or around January 1995, the defendant came up behind the plaintiff and shoved her out of his way, knocking her off balance. The defendant then pulled drawers from the dresser and threw them down to the bottom of the stairs as well as boxes, suitcases, pictures, and a variety of other items, causing the plaintiff to fear for her safety. e. In or around September 1993, the defendant pushed the plaintiff from behind, grabbed her by the hair, and pulled the plaintiff to the floor. f. In or around December 1991, the defendant pushed and slapped the plaintiff approximately three times and threw objects at the plaintiff who had to move to avoid being hit. 6. On or about April 7, 1995, the plaintiff and her child left their residence at 122 Meales Drive, Carlisle, Cumberland county, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff'S relatives. 10. The plalntiff desires that the defendant be restrained from entering her place of employment. B. ATTORNBY rBBS 11. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal services, Inc. C. TBMPORARY CUSTODY 12. The plaintiff seeks temporary custody of the following child: bD pr...nt n..id.nc. ~ KATLYN M. KNECHT 217 W. Louther street carlisle, PA The child was born out of wedlock. 2 yrs. The child is presently in the custody of the plaintiff who resides at 217 W. Louther street, carlisle, Pennsylvania. During the child's lifetime, the child has resided with the following persons and at the following addresses: bD Addr..... plaintiff & 225 W. Louther st. defendant carlisle, PA plaintiff & 221 W. Louther St. defendant carlisle, PA plaintiff & 122 Meales Drive defendant Carlisle, PA Oat.. 11/11/92 - 3/1/93 3/1/93 - 1/5/95 1/5/95 - 4/7/95 plaintiff, plaintiff's plaintiff's boarder parents, sibling, & 217 W. Louther st. Carlisle, PA 4/7/95 - present The mother of the child is RUTH M. KNECHT, currently residing at 217 W. Louther street, Carlisle. She is married. The plaintiff currently resides with the fOllowing psrsons: ~ Relation.hiD daughter father mother sister boarder KATLYN KNECHT WILLIAM YOTHERS EILEEN YOTHERS RACHEL YOTHERS ADNAN KUTOVIC The father of the child is MICHAEL KNECHT, currently residing at 122 Meales Drive, Carlisle. He is married. The defendant currently resides by himself. 13. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 14. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 15. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons inclUding: a. The plaintiff is a fit parent who can best take care of the minor child. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. S 6101 n ~., 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 or 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, except to facilitate custody arrangements; 3. ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 4. Prohibiting the defendant from entering the plaintiff's place of employment; 5. Ordering the defendant to stay away from the plaintiff's residence located at 217 W. Louther street, carlisle, cumberland county, Pennsylvania, which the parties have never shared; 6. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself ; 7. Granting temporary custody of the minor child to the plaintiff; 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: 1. ordering the defendant to refrain from abusing the plaintiff or 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, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5. Ordering the defendant to stay away from the plaintiff's residence located at 217 W. Louther street, Carlisle, cumberland County, Pennsylvania, which the parties have never shared. 6. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself . 7. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. :,- k I'. L;J [;\ .. l... -"l l>-' c.u ."-'1 '-', ('~ c. RUTH M. KNECHT, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-J.b~1 CIVIL TERM MICHAEL S. KNECHT, Defendant PROTECTION FROM ABUSE AND CUSTODY PROTECTION ORDER AND NOW, this .6 ~ day of May, 1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, MICHAEL S. KNECHT, SS: 183-54-8861 and DOB: 12/8/69, is enjoined from physically abusing the plaintiff, RUTH M. KNECHT, or 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, except for the limited purpose of facilitating custody arrangements. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. The defendant is prohibited from entering the plaintiff'S place of employment. 5. The defendant is ordered to stay away from the plaintiff's residence located at 217 W. Louther Street, Carlisle, Cumberland County, Pennsylvania, which the parties have never shared, except for the limited purpose of transferring custody during Which times the defendant shall remain in his vehicle. 6. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself except for the limited purpose of transferring custody during which times the defendant shall remain in his vehicle. 7. The court costs and fees are waived. 8. This Order shall remain in effect for a period of one year or until modified or terminated by the Court after notice or hearing and may 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. 9. This Order Dlay sUbject the defendant to: i) arrest under 23 Pa. C.S. 56113; ii) a private criminal complaint under 23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 56114, 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. 56114.1. Resumption of co-residence on the part of the plaintiff and defendant shall 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 and may entorce this Order 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 made under this section, the defendant shall be taken without RUTH M. KNECHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95- CIVIL TERM MICHAEL S. KNECHT, Defendant PROTECTION FROM ABUSE AND CUSTODY CONSENT AGREEMENT ,~ ~v This Agreement is entered on this?f day of May, 1995, by the plaintiff, RUTH M. KNECHT, and the defendant, MICHAEL S. KNECHT. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Michael S. Knecht, agrees to refrain from abusing the plaintiff, Ruth M. Knecht, or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant agrees not to harass and stalk the plaintiff an~ harass the plaintiff's relatives. 4. The defendant agrees not to enter the plaintiff's place of employment. 5. The defendant agrees to stay away from the plaintiff's residence located at 217 W. Louther street, Carlisle, Cumberland county, pennsylvania, except for the limited purpose of transferring custody during which times the defendant shall remain in his vehicle. 6. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody during which times the defendant shall remain in his vehicle. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the Protection Order entered in this matter shall be in effect for a period of one year or until modified or terminated by the Court 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. 9. The defendant understands that this Order shall be enforceable in the same manner as the Court's prior Temporary protection Order entered in this case. 10. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child, KATLYN M. KNECHT. a. The mother shall have primary physical and legal custody of the child. b. The father shall have partial custody of the child on dates and at times mutually agreed upon by the parties.