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HomeMy WebLinkAbout95-04359 " /, "'" " , '. . 'I " " " 'r jjt..l " I ....~'- -.. ~',.., ... ,It: .. .. -.". \ ~I~ . . . ,"1-," -', . DAWN L. GITTINGS, plaintiff on behalf of herself and her minor child, Ashten Parker v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- ,-'1.1 S'i CIVIL TERM EVERETTE R. KANE, Defendant PROTECTION FROM ABUSE AND CUSTODY AND NOW, this TIMPORARY paOTICTION ORDI. {\.., day of August, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Dawn L. Gittings, and her minor child, now residing at 62 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania, are in immediate and present danger of abuse from the defendant, Everette R. Kane, the following Temporary Order is entered. The defendant, Everette R. Kane, (SSN: unknown) (D.O.B.: 12/20/67) now residing at 3582 Ritner Highway, Newville, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Dawn L. Gittings, or her child, or placing them in fear of abuse. The defendant is ordered to stay away from the plaintiff'S residence located at 62 Spring Garden Estates, Carlisle, Cumberland county, Pennsylvania, a residence which is owned solely by the plaintiff, except for the limited purpose of facilitating visitation. The defendant is ordered to stay away from any residlnce the plaintiff may in the future establish for herself, except for the limited purpose of facilitating visitation. Tho defendant is ordered to refrain from having any direct or indirect contact with the plaintiff or the minor child including, but not limited to, telephone and written communications, except for the limited purpose of facilitating visitation. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff'S relatives, or the minor child. The defendant is enjoined from entering the plaintiff's place of employment or school of the minor child. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A v!olat!oD of thie Order aay subjeot the def.ndant tOI !) ~rr.st under 23 Pe. C.S. '6113; ii) e pr!vete or!ainal oo.pla!nt un4er 23 pa. c... ,6113.1; !i!) a oharge of ind!reot ori.iDel oont..pt under 23 pa. C.S. '6114, pun!she~l. by !aprisonaent up to .!x .onths and a fine of t100.00-t1,000.00; and !v) oiv!l oont..pt un4er 23 Va. C.S. ,6114.1. ..suaption of oo-r.s!denoe on tbe part of tbe plaintiff en4 defendant shall not nullify tbe prov!sions of tb. oourt or4er. This Order shall remain in effect until modified or terminated by the Court atter notice or hearing and can be extended beyond its original expiration date if the Court finds that the defendant hae committed another act of abuse or has , ., " . *ngaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of Ashten Parker, is hereby awarded to the plaintiff, Dawn L. Gittings. .\ ,II (.{ A hearing shall be held on this matter on the ' .-,) day of August, 1995, at ,/ ~c Il.m., in Courtroom No.-I[, 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 \IIake 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 mai 1. The Pennsylvania State Police shall be provided with a c.ertified copy of this Order by the plaintiff's attorney. Thi. 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 th!s seotion, the defendant shall be taken without unnecessary delay before the court that iesued the order. When that court i. ., Iii' unavailable, the defendant shall be taken before the appropriate diatrict justice. (23 Pa. C.S. S 6113). By the court, /t // /L ;;; i'> "il., '''} Judge ; \) <:'J 't ':'~ III,:~.'I ....f'>-c,.. ,>10,.>"""\ ',J ~ i:::;. ; " " ,..... r .~ .!. _' I' ...,''ll:t...;:' ~ ,'. --'~,~ ~- . , j r) .A. ......J.ff') or 'r'...' .... ", ..... bi DAWN L. GITTINGS, plaintiff on behalf of herself and her minor child, Ashten Parker v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- CIVIL TERM EVERETTE R. KANE, Defendant PROTECTION FROM ABUSE AND CUSTODY NOT I C I 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 ara 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 requested by the plaintiff. You may lose money or property or other rights important to you. FI.S AND COSTS If the 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 should take tbie paper to your lawyer at onoe. If you do not have a lawyer or oannot afford one, go to or telepbone tbe off!ae .et fortb below to f!nd out wbere you oan get legal belp. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMIRIeAKS WITH DIIABILITI.. aCT or 1"0 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 businees before the cQurt, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or bu.ine.. before the court. DAWN L. GITTINGS, Plaintiff on behalf of herself and her minor child, Ashten Parker v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- CIVIL TERM EVERETTE R. KANE, Defendant PROTECTION FROM ABUSE AND CUSTODY PITITION ~O. PROTICTIOK ORDI. AND CUSTODY .ILIIF UNOIR THI 'ROTICTIOK FROM ABUSI ACT, 23 P.S. S 6101 et .eq. A. DUSI 1. The plaintiff, Dawn L. Gittings, is an adult individual residing at 62 spring Garden Estates, carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Everette R. Kane, (SSN: unknown) (D.O.B.: 12/20/67), is an adult individual residing at 3582 Ritner Highway, Newwille, Cumberland county, Pennsylvania 17241. 3. The defendant is the former husband of the plaintiff. 4. Since approximately 1987, the defendant has attemptod 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 or the minor child under circumstances which have placed the plaintiff and the child in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuee: a) On or about August 14, 1995, the defendant came to the plaintiff'e residence and scratched the plaintiff's husband's truck with a car key, and spray painted the truck with the word, "dick." b) On or about August 13, 1995, the defendant took the license plate from the plaintiff's car, and wrote on the plaintiff's trailer in permanent marker that plaintiff and her daughter are "mother f_ere." c) On or about August 12, 1995, the defendant broke the plaintiff's storm door with a brick and wrote in permanent marker on the interior dOOl", "F_ing Bitch." d) On or about August 10, 1995, the defendant tried to break into the plaintiff's mobile home through the front door bending the doorknob, removed a screen from a window in the mobile home, and spray painted the plaintiff's trailer with the following: "F you Ashten and Dawn." Later the same night, the defendant called the plaintiff's residence four times in a fifteen minute interval. e) On or about August 7, 1995, at approximately 10:00 p.m., the defendant called the plaintiff's house and, speaking to the plaintiff's husband while the plaintiff was on the other extension, threatened to kill the plaintiff and her minor child, Ashten Parker, and said that she and Ashten were going to pay for this. f) On or about August 5, 1995, the defendant became enraged at the plaintiff. The plaintiff attempted to get back into her car with Ashten when the defendant grabbed Ashten's arm and pulled her away from the plaintiff. When the defendant let go of Ashten's arm, the plaintiff grabbed the child's wrist and got into the car with her. Then, the defendant pounded with his fist on the plaintiff's car leaving dents on the door. The plaintiff drove to the state Police and reported the incident. When the plaintiff returned home from the police station, there were three messages on her answering machine from the defendant saying, "I am f___ing tired of this bullshit. I want you and Ashten out of my life. You would be better oft dead." At approximately 10:15 p.m. the same night, the defendant called again, but the plaintiff had the answering machine take the call. g) In or about 1991, the defendant threatened the plaintiff with a knife, grabbed her around the neck, dragged her to wall, and held her against the wall for a couple of minutes, causing bruising about her upper arms. 5. The plaintiff believes and therefore avers that she and the \IIinor child are in immediate and present danger of abuse from the defendant and that they are in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff or the minor child including, but not limited to, telophone and written communications, except for the limited purpose of facilitating visitation, 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff'S relatives, or the minor child. 8. The plaintiff desires that the defendant be restrained from entering her place of employment or the school of the minor child. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. 8. .XCLUSIVI PO&S..&ION 10. The mobile home from which the plaintiff is asking the Court to order the defendant to stay is owned in the name of James Gittings and the defendant has never resided there. ~ LO..../ATTORII.Y FBI& 11. The plaintiff has suffered losses as a result of the abuse by the defendant. The loe.es are listed on Exhibit A attached. 12. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. D. TIM.ORARY CUITODY 13. The plaintiff se.ks temporary custody of the following child: .... Ashten Parker 1/30/86 .re.ent ...!dence au 62 Spring Garden Estates Carlisle, Pennsylvania 9 year. DOB The child was born out of wedlock. The child is presently in the custody of the plaintiff, Dawn L. Gittings, who resides at 62 Spring Garden Estates, Carliele, Cumberland County, Pennsylvania. During the past five years the child has resided with the following persons and at the following addresses: IIIU Dawn L. Gittings, James K. Gittings, Chelsea Gittings, and Paige Gittings Dawn L. Gittings, James K. Gittings, and Chelsea Gittings Plaintiff Addr..... Date. 62 spring Garden Estates Carlisle, Pennsylvania 6/93 to present 7 pine aoad, Apt. 104 Mount Holly Springs, Pennsylvania 7 Pine Road, Apt. 104 Mount Holly springs, Pennsylvania 8/91 to 6/93 10/87 to 8/91 The plaintiff, the mother of the child, is Dawn L. Gitting., currently re.iding at 62 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania. She ia married. The plaintiff currently resides with the fOllowing per.ona: .... .elatioDsb!D Jame. K. Gitting. Husband Ashten Parker daughter Chelsea Gitting. daughter paige Gittings daughter The defendant, the father of the child, is Everette R. Kane, currently residing at 3582 Ritner Highway, Newville, Cumberland county, Pennsylvania. He is married. The defendant currently resides with the following per.ons: .... .elat!oDsb!D Billie Jo Kane wife Amanda Kane adopted daughter (unknown first name) Ellis father (unknown first name) Ellis mother 14. The plaintiff has not previously participated in any litigation concerning custody of the above-mentioned child in thi. or any other Court. 15. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in thi. or any other juriSdiction. 16. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claim. to have cu.tody or visitation rights with respect to the child. -"'.. 17. 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 responsible 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. c. The defendant's behavior has adversely affected the child. WHEaEFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P. S. S 6101 n JUlSl., 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 the minor child or placing them in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or the minor child including, but not limited to, telephone and written communications, except to facilitate vistation. 3. Ordering the defendant to refrain from haras.ing and stalking the plaintiff and from harassing the plaintiff'S relatives and the minor child. 4. prohibiting the defendant from entering the plaintiff'S place of employment or the school of the minor child. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff . 6. Ordering the defendant to stay away from the plaintiff'S residence located at 62 spring Garden Estates, CarliSle, Cumberland County, pennsylvania, which the parties have never shared. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. Granting temporary custody of the minor child to the plaintiff. 8. 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 the minor child or placing them in fear of abuse. ~. ordering the defendant to refrain from having any direct or indir.ct contact with the plaintiff or the minor child including, but not limited to, telephone and written communications, except to facilitate visitation. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff'S relatives and the minor child. 4. Prohibiting the defendant from entering the plaintiff'S place of employment or the school of the minor child. 5. Prohibiting the defendant from removing, damaging, destroylng or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff'S residence located at 62 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania, which the parties have never shared. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. Ordering the defendant to reimburse the plaintiff'e out-Of-pocket losses suffered as a result of the abuse including but not limited to the losses listed on the attached sheet marked Exhibit 11. 9. ordering the defendant to pay reasorlable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and lerved 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 Pennsylvania state Police who has jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNOI. PIHHSYLVAHIA CUSTODY LAW 18. The allegations of Count I above are incorporated herein as if fully set forth. 19. The best interest and permanent welfare of the minor ohild will be served by confirming custody in the plaintiff as set forth in Paragraph 17 of the Petition. WHEREFORE, pursuant to 23 Pa. C.S. S 5301 ~ ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, //! '~ tyl&0 ( Philip Briganti ' Attorney for Plaintiff LIGAL IlaVICII, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 DAWN L. GITTINGS, Plaintiff on behalf of herself and her minor child, Ashten Parker v. IN THE COURT OF COMMON PLEAS OF . . CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- CIVIL TERM EVEaETTE R. KANE, Defendant PROTECTION FROM ABUSE AND CUSTODY OUT-O~-POCIIT LOS8.8 The plaintiff requests that the defendant reimburse her out- of-pocket losses, including but not limited to the following: Damage to plaintiff'o car $ 481.00 Damage to plaintiff'S mobile home (the cost of the repairs has not been determined at this time) Damage to plaintiff'S husband's truck 200.00 , 10.1 ;:: . t:1.J rU blliltit. A , " I - ,~ fi VI - ~ J , = <_ 'I ~ I '.) ~" ''':c:-"J ... , '" !II , , ~) ~ f ,.. ... -" tfl ~ -. W ~ I I/o 1.-. . . SHERIFF'S RETURN - REGULAR CASE NOI 199~-04359 P CO""ONWEALTH Or PENNSYLVANIA I COUNTY Or CU"BERLAND GITTINGS DAWN L VS. KANE EVERETTE R PHILIP BAUGH"AN CU"BERLAND County. Pennsylvania, to law, says, that he served the . Sheriff or Deputy Sheriff of who being duly sworn according within PROTECTION FRO" ABUSE upon KANE EVERETTE R the defendant, et 1759100 HOURS. on the ~ day of Auaust 19~ at 3582 RITNER HIGHWAY NEWVILLE. PA 17241 .CU~BERLAND -J County, Pennsylvania. by handing to ~VERETTE R. KANE a true and attested copy of the PROTECTION rRO" ABUSE together with TE"PORARY PROTECTIVE ORDER NOTICE AND PETITION . and at the same time directing ~ attention to the contents thereof. Sheriff'. CostSI Docketing Service Affidavi t Surcharge 18.00 7.28 .00 .00 So answers: d //f r:/'~~A<~ . rhomas K!1n. her1ff .~:J.28 00/00/0000 ~ by JLPr R. ~__ Deputy Sh~ Sworn and subscribed to before me thi ~ ,~ d ..' ,- . I , ay 0.. l{" r ..,r 19--1.1_ A. D. C , ( , f-,I'" I. 71l<..H~~ UP., f'rothonotar)/ . DA~ L. GITTINGS. for herself and on behalf of her .Inor child. ASHTEN PARKER. v. IN THE COURT ot. cor.t4ON PLEAS OF CUMBF.RLAND COUNTY. PENNSYLVANIA NO. 95-4359 CIVIL TERM EVERETTE R. KANE. Defendant PROTF,(;1'IOH fROM ABUSE AND CUSTODY CUS'IOOY 0RDl'.R AND NOW. this ::..] v~ day of August, 1995. upon consideration of the parties' Consent Agreellent, the following Order is entered with regard to custody of the parties' child, Ashten Carrin Parker. 1. The plaintiff shall have primary physical and legal custody of the child. 2. The defendant shall not have partial custody of or visitation with the child. 3. The parties understand that this order shall re.ain in effect until either party petitions to have it changed. /' ,/ By ,the Court, / \~;(wf FAlar 8. Bayley, )udle I Philip C. Briganti Joan Carey Jane MUlier-Peterson Attorneys for Plaintiff L!lIW. 81l1lV1CIlS, INC. - c.,........... ~..<.. 'i1/1.l't J~.~ J"r Everette R. Kane Defendant ,0u-SW.~ 0'. DA~ L. GITTINGS. for herself and on behalf of her minor chi ld. AStrrEN PARKl':R. IN THE COURT OF In.N)N PLEAS O~' CUMBF.R1,AND COUNTY. PF,NNSYLVANIA v. NO. 95-4359 CIVIL TERM EVERETTI': R. KANE, Defendant PR01'F,ef ION FROM ABUSE AND CUSTODY ~,\lfNl' NJIl- This Agreement is entered on this ~"..,J.. day of AUl!llst, 1995, by the plaintiff, Dawn L. Gittings. and the defendant, Everette R. Kane. The plaintiff is represented by Philip C. Briganti, Joan Carey, and Jane Muller-Peterson 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. I. The defendant. Everette R. Kane, agrees to refrain from abusing the plaintiff, Dawn L. Gittings, and/or the minor child, Ashten Parker, and/or placing them in fear of abuse. 2. The defendant agrees not to have any di rect or indirect contact with the plaintiff or the minor child inclUding. but not Ii.ited to, telephone IInd written communications. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiff's relatives and the minor child. 4. The defendant agrees not to enter the plaintiff's place of e.plo}'llent or the school of the minor chi Id. 5. The defendant agrees not to remove. damage, destroy. or sell any property owned by the plaintiff. 6. The defendant agrees to stay away froll the piaintiff's residence located at 62 Spring Garden Estates, Carlisle. Cumberland County, Pennsylvania. 7. The defendant agrees to stay away from any residence the plaintiff D18Y In the future estl\bllsh for hersel r. 8. The pllllntlff agrees to waive all costs of filing and service fees . of this lawsuit. and attorney fees to Legal Services. Inc. 9. The defendant. although entering Into this Agreement. does not ad.it the allegations made In the Petition. 10. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (I) year and can be extended beyond that time If the Court finds that the defendant has committed an act of ahuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff and/or the child. The defendant understands that this Order will be enforceable In the S8IIIC manner as the Court's prior Tellporary Protect ion Order entered In this case. II. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. S6113; ii) a private criJlinal cCJlllllaint under 23 Pa.C.S. S6113.I; I i I) a charge of indirect crillinal contellpt .!Oder 23 Pa.C.S. 16114, 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. S6114.1. 12. The defendant and the plaintiff agree to the entry of an Order providing for the fOllowing custody schedule for their chi Id. Ashten Carrin Parker. a. The plaintiff will have primary physical and legal custody 01 the child. b. The defendant will not have partial custody of or visitation with the chi Id. It is the defendant's intention to relinquish hie i'/ 'h '.iI,