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Home My WebLink About95-06480 I ,;' i,! " I 'i I ' i- L 'jl,;/ , 1':1 ! i , ! 1'1 ') I i'lill " .' i , ~" t,!!:,11 pnil,l' I 11'1'" ~;J-dl/; ,\i'tJ lVY/i,j i~'I" PI;A, I, )'f': ,ti,,1,1 " 6:,:i, ,', ': llt1' ~riik' jll"" Il\!I,1 ~it :i r~dl\;;:"~ ~{Ij'''': y,',.1 .Ill,' 'IHl" '/i),'d,l IfJ~(t i' ,. '" If.~1~1 J "'I)f.'" iil: 'I'll ~"lj,111 1t,;' " ,II) ,I, " ~,'II' ,\\"'11' ' ,il':\',' .' ir;It:':fi,l, 111":: :,' l;~,~ l:i,_',"!'j ~l '-\\1 ~;\", 111' ,;;~: II' lU',~-lj- " """1"'" ., :\'Ii'II"" oj"~ 1~/'J~lIU,11 ,I If,!fi_',',d/,-i ,;';;";: l' l-':s'!-};t'", ~'I i,:,.l i'~,:i\:I: " flt,I;;' ~_iir-',;;:i' 'I '~':"It'I:/'/!!i;\,1, ,;'(' H:t~'L~l l'~~11 :'~' !'\' Y'ij,IJ,"'-' p:i ;/;-" 1<'~ill' I; , .'jlj/t I;' 'l~llf,;' \' 'd ,it,:-,' j Itqi,r;"I, ~t, ~':' .-~T:H; ~:'I' ! jl?j:, "illl " ~::I" [':," 'Ii' ," " (" ! " "II, II I I' ill, :'1 " , I " ./ " 'it \11' I' i' I, ! , I , ~ I :'j ,", , " 'J'II " I, " . 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I <' 'I I' " " 'JI I, 'I !,I ,I', r1 " " !I' 'I , I" ,I' , , ' '1'( I' ,1\'\ , " ,I ,I n , " , /' " , I " " ri'! , , i,l , !llj 1 ' .-1", .' "I I " 'r' ')i:1 01, " <I I , (I ". ,I , , '.--J; " , " " " , , 1"1 II 1, ill " " I, ;/! " ., " " :1, I,' , '\ ill. " ,1,1 :' , , l,t! jj\ , /I:! , " , ii, " 'I'" ,q' ,j I, ",-,:, 1_,,\ (I,!'"I' , ,,,,:'or 'i' 'f- ~;,1---1 '-,',':,1[: " " '" , , '" I" 'II, 1'\ , ",il i,) , 'II , , , t, l' i-.-'., ,~ " I Al 'j::, I' KATHY L. SMITH, 1 IN THE COURT OF COMMON PLEAS OF Plaintiff 1 1 CUMBERLANO COUNTY, PENNSYLVANIA v. 1 1 NO. 95-'~rc) CIVIL TERM KIRBY L. SMITH, 1 Oefendant 1 PROTECTION FROM ABUSE 1 " , rt i~ If- .' , " !I " , ''I. "1 ANO NOW, this TIKPORAaY paOTICTIOH oaDIR ~ day of November, 1995, ~pon,: .' .' presentation and oorlsiderat1on of finding that the plaintiff, KATHY the within Petition,: and/':upon ~I L. SMITH, now residing at 1739 McClure. Gap Road, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, KIRBY L. SMITH, the following Temporary Order is entered. The defendant, KIRBY L. SMITH, SSNI169-52-2996 and 00811/20/59, now residing at 309 Boboat Road, Newville, Cumberland county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, KATHY L. SMITH, or placing her in fear of abuse. The defendant is exoluded from the plaintiff's residenoe located at 1738 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties, but from whioh the defendant left on approximately ootober 28, 1995. The defendant is ordered to refrain from having any direct or indireot contact with the plaintiff including, but not limited to, telephone and written communioations. The defendant is enjoined from haraYsing and stalking the \ " plaintiff and from haras.ing the plaintiff's relatives. The dsfsndant is enjoined from entering the plaintiff'. place of employment. The defendant 11 enjcined from nmoving, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. a violation of this Order ..y subjeot the defendant tOI i) , arr.st uDder 23 'a.e.8. '6113, ii) a private oriminal aomplaint und.r 23 'a.e.8. '6113.1, iii) a charge of indireot oriminal cont.mpt under 33 'a.e.8. "114, punishable by iaprisonaent up to Ii. months and a fine of '100.00-'1,000.00, and iv) civil conteapt under 23 'a.e.8. ,6114.1. Resumption of co-residence on th. part of the plaintiff and defendant shall not nullify the prOVisions of the aourt order. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date it the cOllrt finds that the defendant has committed another act of abuse or hus engaged in a pattern or practice that indicates continuad risk of harm to the plaintiff.. A hearing shall be held on this matter on the ;,l,J 11, C day of November, 1995, at ,,' "'I. ." .m., in Courtroom No.2:-, cumberland county courthoule, Carlisle, pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland county Sheriff'. Department shall attempt to make service at the plaintiff'S request and without pre-payment of fees, but .ervice 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 and Middlesex Township polioe Departments will be provided with certified copies of this Order 'by the plaintiff's attorney. This Order shall be enforoed by any law enforoement agenoy where a violation ooours by arrest for indireot oriminal contempt without warrant upon probable oause that this Order has been violated, whether or not the violation is oommitted in the presenoe of the polioe officer. In the event that an arrest is made, under this seotion, the defendant shall be taken without unnecessary delay before the court that issued the order. When that oourt is unavailable, the defendsnt shall be taken before the appropriate district justice. (23 Pa.C.S. S 6113) . By the court, KATHY L. SMITH, Plaintiff IN THE COllRT OF COMMON PLEAS OF CUMBERLANO COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM KIRBY L. SMITH, Detendant PROTECTION FROM ABUSE 1I0TICI You have been .ued in oourt. It you wish to dstend against the claim. ..t torth in the tOllowing pages, you must take aotion promptly atter this Petition, Order and Notice are served, by appearing per.onally or by attorney at the heering soheduled by the Court and pre.enting to the Court your defenses or objections to the olaims set torth against you. You are warned that if you fail to do so the Court may prooeed without you, and a judgment may be entered against you by the Court without turther notioe for any money claimed in the Petition or tor any other claim or relief requested by the plaintiff. You may 10.. money or property or other rights important to you. lID YD COSTS If the case goes to hearing and the judge grants a Protection order, a surcharge of $25.00 will be asssssed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You .hould take tbi. paper to your lawyer at once. If you do not have a lawyer or cannot afford one, qo to or telephone the ottic .et fortb below to find out wbere you oan qet leqal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court ot common Pleas of Cumberland county is required by law to comply with the Americana with Oisabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to di.abled individuals having businese before the court, plea.e contact our otfice. All arrangements must be made at least 72 hours prior to any hearing or business betore the court. You must attend the scheduled conference or hearing. KATHY L. SMITH, 1 IN THE COURT OF COMMON PLEAS OF plaintift 1 1 CUMBERLAND COUNTY, PENNSYLVANIA v. 1 1 NO. 95- CIVIL TERM J<IRBY L. SMITH, I Derendant 1 PROTECTION FROM ABUSE 1 ...,ITI011 .oa .ROTICTI0M oaDIR I~Lll' UWDI. THI .IOTICTIOII 'RoM ABU., ~T, II ...C... . .101 et seq. a. aBIlU 1. The plaintitf, KATHY L. SMITH, is an adult individual residing at 1738 Moclures Gap Road, Carlisle, cumberland county, p.nnsylvania 17013. 2. The defendant, KIRBY L. SMITH, B8NI169-52-2896 and ooBl1/20/58, is an adult individual reaiding at 309 Bobcat Road, Newville, cumberland county, Pennsylvania, 17241. J. The defendant is the husband of the plaintiff. 4. sinoe approximatelY 1991, the defendant has attempted to oau.. and has intentionally, knowingly, or recklessly oaused bOdily injury to the plaintiff, has plaoed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduot or repeatedly oommitted aots toward the plaintiff under oircumstances whioh have plaoed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abusel a. On or about October 27, 1995, the defendant grabbed the plaintiff by the wrist, followed her about the hou.e, and held a door ahut .0 that the plaintiff could not leave the room. The plaintiff finally was able to leave the room and when .he went for the phcne, the defendant 9rabbed the phone out of her hand, told her .he wu not calling anybody, pulled the wir.. out of the phone jaCk, grabbed the plaintiff by the wrist with force, and pulled the wire. from the kitchen phone. The plaintiff .uffered sarene.. about her wrist. b. On or about October 28, 1995, the Jefendant pUshed the plaintiff with his body, causing her to knock a plal,t over and be forced into the counter, pulled the phone cord from the ja~k, followed her into the be~room, grabbed the phone from the plaintiff, and ripped the cord out of the phone. The plaintiff told her 80n to qet his grandfather. The police were called and they e.corted the defendant from the re.idence. c. On or about September 2, 1995, the defendant put his fist approximately six inches away from the plaintiff's face, causing her to fear for her safety. d, Since 1991, the defendant has abused the plaintiff in ways inClUding, but not Umi ted to, the following I pUShing her into a counter with enough force to break three of her ribs, punching her in the face causing two black eyes, slapping her in the tace, pulling her hair, Shoving her, throwing things at her, smashing ob,jects ageinat a wall, and threatening to break things whioh mean a lot to th~ plaintiff. e. The plaintiff believ~s and therefore avers that she is in immediate snd present danger of abuae from the defendant and thst she is in need of protection from such abuse. 6. Thu 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. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defondant be restrained from entering her place of employment. 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. B. .KCLU8IV. P0881BBIOH 10. The home from whioh the plaintiff is asking the Court to exclude the defendant is owned in the names of KATHY and KIRBY SMITH. The defendant left this residence on approximately October 28, 1995. C . ~TTORH.Y rllB 11. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. WHEREFORE, pureuant to the provisions of the "protection from Abu.. Aot" of ootober 7, 1976, 23 pa.C.S. S 6101 at. ug., u amanded, the plaintiff. pr.ye thi. Honorable court to grant the following reliefl A. Grant a Temporary order pureullnt to the "protection from Abuee Act 1" 1. ordering the defendant to refrain from abueing the plaintiff cr plaoing her in fear of abuse, 2. ordering the defQndant to refrain from having Any direot or indireot contact with the plaintiff inoluding, but not limited to, telephone and written oommunioations, 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 plaoe of employment, 5. Prohibiting the defendant from removing, damaging, destroying or aelling property jointly owned by the parties or owned solely by the plaintiff! 6. Granting possession of the home looated at 1738 MoClures Gap Road, Carliele, cumberland county, pennsylvania, to the plaintiff to the exolusion of the defendant pending a final order in thia matter, 7. ordering the defendant to stay away fr.om any residence the plaintiff may in the future establish for henelt , B. Sohedule a hearing in aocordance with the provieion. at the "proteotion tram Abu.e Aot," and, atter .uch hearing, enter an order to be in ettect tor a period ot one yearl 1. Orderinq the detendant to retrain from abu.ing the plaintiff or placinq her in tear at abu.e. 3. Ordering thd detendant to retrain from having any direct or indirect contaot with the plaintitt , including, but not limitad tOt telephone and written oommunioations. 3. ordering the detendant to r~train tram harassing and .talking the plaintitt and tram harassing the plaintiff'S relatives. 4. Prohibiting the defendant tram entering the plaintiff'S plaoe at employment. 5. Prohibiting the detendant trom removing, damaging, de.troying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession at the home looated at 1738 McClure. Gap Road, Carlisle, Cumberland County/ Pennsylvania, to the plaintitf to the exolusion ot the detendant. 7. Ordgring the defendant to stay away from any residence the plaintiff may in the tuture establish tor herBelf . 8. ordering the detendant to pay rea.onable attorney tees to Legal Servioe., Ino. The plaintiff further a.k. that thi. Petition be filed and .erved without pre-payment of fee. by the plaintiff, and that certified copi.. of thi. Petition and Order be delivered to the Penn.ylvania st.te and Middle.ex Town.hip police Departments who have juri.diction to enforce thi. Order. The plaintiff pray. for .uch other relief a. may be just and proper. Respectfully submitted, lidh( 0 J an c,{te Philip BrIganti Attorney. for plaintiff LIGAL .I.VIOI', I_a, S Irvine Row Carli.le, PA 17013 (117) 243-9400 , , ~ " " , , kr:l .. ~.,~: ., ~'l >:"1 , , ~I; I. ,_:,~ I ',- " , '/ :, -- " " ".f. " ~:! ~:-I\ ..I.. ,:. ,_~ \..1 P.':; .~I -', J I L.., 'llo ~I '$. ... !, j , ' } Jj ~ j I' 'L , , " , , -I ~,' , " j ~. , , 8 ~, 'l " i' , I, , , " " , , , " I" . , ,I , . I(ATKY L. SKITK, plaintitf IN TK! COURT OF COMMON PLE~a OF CUMBERL~ND COUNTY, PENNSYLV~NIA NO. 95-6480 CIVIL TERM PROTECTION FROM ~BUSE v. RIRBY L. SKITH, Defendant pRDI. rOR CO~IKUAKal AND NOW/this ~ 01\ tt day of November / 1995/ upon consideration of the attaohed Motion for continuanoe, the matter scheduled for hearing on November 22, 1995 at 3100 p.m. by this Court's Order of Nov~mber 14, 1995, is hereby resoheduled for hearing on December 22/ 1995/ at 11100 u.m. in courtroom No.5. The Temporary proteotion order will remain l.n effect for a period of one year or until a final order is entered in this o~se. c:ertified copies of thia Order for continuance will be provided to the pennsylvania state and Middlesex Township police Departments by the plaintiff's attorney. By the court, J " I " ': ' .~ :. ", I' ,I Ii' , ".\ I I"','. (', "\I :':1 " 1(ATHY L. SMITH, I IN THE COURT or COMMON PLEAS or plaintiff I I CUMBERLAND COUNTY, PENNSYLVANIA v. I I NO. 95-6480 CIVIL TERM 1(IRBY L. SMITH, I Detendant I PROTECTION FROM ABUSE I 10'1'1011 .01 COHTIllUUC8 The plaintift moves the Court for an Order resoheduling the hearing in the above-oaptiuned oase on the grounds thatl 1. A 'remporary Protection Order was issued by this Court on November 14, 1995, soheduling a hearing tor November 22, 1995, at HOO p.m. 2. The Cumberland county Sheritt's Department served the detendant with a certified oopy of the Temporary Proteotion Order and Petition tor proteotion Order. 3. The defendant's oounsel, Samuel Andes, contacted Legal Servic,_, Ino. to request a continuanoe due to a confliot with his sohedule. 4. By agreement of the parties, a continuance is requested. 5. The plaintiff requests that the Temporary proteotion Order remain in effect pending further Order of Court. 6. certified copies of the Order tor continuance will be delivered to the Pennsylvania state and Middlesex Township police Departments by the attorney tor the plaintift. WHEREFORE, the plaintitf requests that the Court grant this Motion and reschedule this matter for hearing, and that the . Te.porary Protection Order re..1n in effect until further order ot court, Re.peotfully Bubmitted, , I,., ~/ " rJ._.,.J l~tL'tl. c-/ it n carey, ~ ' ttorney for Plat tiff LIGaL IlaVIO.I, 110. e Irvin. Row Carlisle, PA 17013 (717) 243-9400 I" , lilt ) , " il:1 , " , " " " .. v. IN THE COURT OF cOMMON PLE~S OF CUM"ERLAND COUNTY, PENNSYLVANIA NO. 95-6480 CIVIL TERM PROTECTION FROM ABUSE I(~THY L. SMITH, Pleintitf RUDY L. SMITH, Oetendant O.D.. ro. COllTIlfUIUIO. ~ND NOW, this .~ day of Deoember , 1995, upon consideration of the attaohed Motion for continuanoe, .the hearing scheduled tor December 2~, 1995, at 11100 a.m., Courtroom No.5 ot the cumberland county courthouse, carlisle, pennsylvania, has been generally continued to afford the parties time to exeoute a consent agreement. The Temporary proteotion Order will remain in effect, for a period ot one year or until modified or terminated by the court atter notice or hearing. certitied copies of this Order for continuance will be provided to the pennsylvania state and Middlesex Township police Departments by the plaintiff's attorney. By the court, Joan carey Attorney for plaintiff samuel L. Andes Attorney tor Detendant Fll.m.OfFICE OF II'!: 1!~~I'I~!I)I~OTf;f\Y , IJ\l 07.r ? 2 Pl'l 211,9 " ()L1MlHIUiiU u:urriY P(:141~'.)"I.VN'11l " , ' , , , " , , I' " , , , ,,' , " i I " or ,,,..,,,.,,,..,,il,.,l._'t-.'_I. ,'1-11"" . ._~....' .11 . J(ATHY L. SMITH, I IN THE COURT OF COMMON PLEAS OF plaintiff I I CUMBERLAND COUNTY, PENNSYLVANIA v. I I NO. 95-6480 CIVIL TERM RIRBY L. SMITH, I Defendant I PROTECTION FROM ABUSE ~OTIOM .0. COHTIMUAHCI The plaintiff moves the Court for an order generally oontinuing the hearing in the above-oaptioned case on the grounds thatl 1. A Temporary protection Order was issued by this Court on Novembel' 14, 1995, soheduling a hearing for November 22, 1995, whioh was resohedul$d to December 22, 1995 at 11 a.m. 2. The defendant has retained Samuel L. Andes, Attorney at LaW. 3. The parties, by and through their counsel, have agreed to settle this matter and request a continuance to afford them time to execute a Consent Agreement. 4. The plaintiff requests that the Temporary protection Order r4main in effect for one year or until modified or terminated by the court after notice or hearing. 5. Certified copies of the Order for continuance will be delivered to the Pennsylvania State and Middlesex Township police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Temporary I Ii , "t' ,,;, ,jj .' ,I t'11'F,1mt,~, lff~'H:~'~'.~1.Jt4\h i;l~ ~<w~JI~"lfl\y;.mI"tMi~fi~~l(:'j '! '! ,Ii"! , . If !l protection order 're~.in in errect until further order of court. If",1 I Re.pectfUlly .ubmitted, :'<d , carey torney for Pl. ntiff L,GlL .'.VIO'., IMO. S Irvine RoW Carli.le, PA 17013 (717) 243-9400 .' I' ,q ,,' " ICATHY ~. SMITH, plaintitt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6480 CIVIl, TERM PROTECTION FROM ABUSE v. RIRBY L. SMITH, Defendant PROTICT~pRDIR AND NOW, this ~ day of July, 1996, upon oonsideration of the consent Agreement of the parties, the following Order is enteredl 1. The defendant, Rirby L. smith, is enjoined from phy.i~allY abusing the plaintiff, Rathy L. smith, or from plaoing her in fear of abuse. ~. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 3. The defendant is enjoined from entering the plaintiff'S plaoe of employment when tho plaintiff is there. 4. Both parties are enjoined from removing, damaging, de.troying or oelling any property jointly owned by the parties or owned solely by the other party without written agreement signed by both parties. 5. The defendant is hereby excluded from the premises looated at 1738 Mcclures Gap Road, Carlisle, cumberland county, Pennsylvania, provided, however, that this paragraph of this order sha~\ di~~?~:,,~,,~,~~olutelY and have no further effect if the plaintiff d~. not execute1and file with the court an affdavit of consent to divorce within 95 days of either party filing a divorce action. The defendant is hereby notified that if he re.ide. in the plaintiff'S domicile contrary to this order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000 and/or by a sentence of up to six months in jail and any other apropriate punishment. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order directing the defendant to refrain from abusing the plaintiff. The defendant ehall seek modification (change) of this Order before resuming residence int he plaintiff'S domicile. 6. The defendant is ordered to stay away from any residenoe the plaintiff may establish for herself in the future. 7. This Order shall remain in full force and effect until November 14, 1996. 8. The pennsylvania state and Middlesex Township police Departments shall be provided with a copy of this Order by attorneys for the plaintiff and may enforce this Order by arrest for indirect criminal contempt. The arrest may be without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of a police officer. In the event that an arrest is made under this section, the defendant shall not be taken to jial but shall be taken without unnecessary delay before the court that issued the -,I" ,1,:\ ,_.,1,,. ,'jj"f-""-'1~",I-!_, 1/ order. When that court i. unavailable, the defendant .hall be taken before the appropriate di.trict jUltice. (23 Pa. C.S. I 6113) . By the Court, J " ,,, " RATHY L. SMITH, plaintiff IN THE COURT OF coMMON PLEAS OF CUMBERLAND COUN'ry, PENNSYLVANIA NO. 95-6480 CIVIL TERM PROTECTION FROM ABUSE v. RIRBY L. SMITH, Detendant ~OH8.HT AQRIIKIHT This Agreement is entered on this 15~ day of July, 1996, by the plaintiff, Rathy L. smith, and the defendant, Kirby L. smith. The plaintiff is represented by Joan carey of Legal Services, Inc.; the Respondent is represented by Samuel L. Andes. The parties agree that the following may be entered as an order of Court. 1. The defendant, Kirby L. smith, agrees to refrain from abusing the plaintiff or frol~ placing her in fear of abuse. 2. The defendant agress not to harass and stalk the plaintiff or to harass the plaintiff's relatives. 3. The defendant agrees not to enter the plaintiff's plftce of employment when the plaintiff is there. 4. Both parties agree they will not remove, damage, destroy or sell property jointly owned by the parties or owned solely by the other party without written agreement signed by both parties. 5. The defendant is hereby excluded from the premises located at 1738 McClures Gap Road, Carlisle, Cumberland county, Pennsylvania, provided, however, that this paragraph of this order shall dissolve absolutely and have no further effect if the plaintiff does not execute and file with the court an affdavit