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Home My WebLink About00-02575 - .-, ., , Katrina Kaylor, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 00 - 2575 CIVIL TERM David McCarty, Defendant :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: David McCarty Defendant's Date of Birth: 11/22/52 Defendant's Social Security Number: Unknown to Plaintiff Names of all Protected Persons, including plaintiff and minor child/ren: Katrina Kaylor AND NOW, this 2nd day of May, 2000, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney. Defendant, though properly served, failed to appear for the hearing. D Plaintiff's request for a Final Protection Order is denied OR ~ Plaintiff's request for a Final Protection Order is granted. ~ l. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. ~ 2. Defendant is completely evicted and excluded from the residence at 118East Cumberland Road, Enola, Cumberland County, -" -""".' f 'i ,: (; ,. I , i i I' jjiBifiiliill~IIiU~j~ltiiii!.lIi~,*" " " ,..;.J.... . ~ ;"_'''~~'TJ:\:tl'''''l'i!iio~7.l~.@IIlIlM_'''1iIh ~ W '" Ii:. '~ (t-,: t !t i ~ . ! .~' ~i I~ &} '0 t ~ ~. .v, ~tili. . u:i~L ".11 JJOJ4rUn,Hiil ITH ~" - , "~ ,=" ~, ",,- ";'-' -~'. ''''~:';.;".;,' 'i.,,~'~"," ... , "I'f' " 1'1'\7;17'8"" ''-u\!tnr) n"" lv, ~.Id . h...,\. 1...I\I!i-fi'I':;;":; . ,,' .,'.J.,,',.,;ty<""lr'\. ......... """"'-;/.1! {,J '1".r '10. ... v ~b ~I}, U ^ . . ~'!r j,'-, ,.H, 0 C. I, "f~ .(l t;" 'IJ J.I:JVJ(\''''., - F;\llt'!"j':.. ; , _ "-. C"~' 'J I, ~.t'1,'J 1~";;'-' .~i-'I -:0 "'~ .,0(rI..1371:1 o. .. ~.- -,.., , ., .~ '-' Pennsylvania, a residence owned solely by Plaintiff, or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ! r r o On [Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. I: " fl ~, 11 I- N , ~ 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's place of employment lopated at Pennsylvania department of Labor and Industries, 7th and Forester Streets, Harrisburg. Pennsylvania. I: i: i' II c ~ i' ~ f I' I~ Ii ~ il ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. o 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] (or see attached Custody Order) II tl o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. ." - . . . . - ~r I , I i " ~ f ~ 8. The following additional relief is granted as authorized by ~6l08 of this Act: a. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. . l~ c. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. ii e. Defendant is ordered to pay the costs of this action, filing fees, service fees, and surcharge of $25.00 or costs and fees are waived. I: ~ Ii I! ~ " f ,. ~ Ii II II I: d d. Defendant is to refrain from harassing Plaintiff's relatives. including The court ~ Ii 09. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. .' , I: 11 i' H I. U H I M ~ o 10. The costs of this action are waived as to plaintiff and imposed on Defendant. o 11. Defendant shall pay $* to plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: " " , , -', OR i I i I , i o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR , t. i I i , I I !: !' \: I I I I i I , , I 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2.0 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s) . 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. ~ l3 . THIS ORDER SUPERCEDES ~ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILP CUSTODY. ~ l4. All provisions of this Order shall expire in one year. " ,1, "_I - Ml"'--- NOTICE TO DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 56114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, l8 U.S.C. 52265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. l8 U.S.C. 55 226l-2262. IF PARAGRAPH l2 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, l8 U.S.C. 5922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. i !, II- ~- , ~', ~'I ~ I I, II " ", , NOTICE TO LAW ENFORCEMENT OFFICIALS ; II 'I [I !I II I I The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 56113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR plaintiff, Plaintiff's presence and signature are not required to file the complaint. --,- I , . I l" I;i I i" If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. I' , I ~,~; i ~. i tJ , I t:" Joan Carey Attorney for Plaintiff i David McCarty Pro Be Defendant i;.: ':,1 " I r: 1;; [, I I "" KATRINA KAYLOR, PLAINTIFF V. DAVID MCCARTY, DEFENDANT AND NOW, this -' I 1 ~' I ,'J. 1-.- ,., .,-: ';i 'I r; ;i :! :1 j-' ;1 fi '" '" (i ,,, i n d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2575 CIVIL TERM ,. "I ~ i " i; I.! :'1 ORDER OF COURT ~d. day of May, 2000, defendant having not 'i H ('i ~] j, appeared and following a hearing, a final protection from abuse order is entered. By the 901Jrt:~ / / // " , / Joan Carey, Esquire For Plaintiff :saa Edgar B. Bayley, ~ !5 -3- 00 'R 1(5 " ." , " i' I fl h I- Ii - 7il II !i I " fi 'i II II 'I H " j:i;j~~l1-~il!r4<__~_~lIilM!j~\!l!?"I""";..;,i~<ii~.,.,,,,~w."liil~"l,Il,,~jj'~""' "~ ~ ~I~,~_,., .m,lL... "~".. -, ~", ~-," - ~~",,",~- ,"," ,'" ~, , ' ~'-~-'''''''-''''~ "~ .,,- \ 'ci\N\IIi\ASN\'~;;"n'l . ~, 1""'_\ t,.rn..\.'n:J~' lJ.i ,.... ll"!(\U.! \..,'" -,--' ,......\'\ n\'\I] t_~~'riGO \ \ :u 1,''1'" -"", .)\.\J. jO ^(i\lJ.O~&(}-G3i\~ ~, .:.-., '1 SHERIFF'S RETURN - REGULAR -:'1 I i, CASE NO: 2000-02575 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND I, KAYLOR KATRINA ,., ;'! "! :,1 VS MCCARTY DAVID I: MCCARTY DAVID the I "i " ~ :! ) , ;-ji n I'! I I: RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon ,'I DEFENDANT , at 0019:05 HOURS, on the 28th day of April 2000 ..i at 118 E CUMBERLAND ROAD I;! a true and attested copy of PROTECTION FROM ABUSE together with Ii Ii I: I! , Ii I,; H )" ~ i ENOLA, PA 17025 by handing to DAVID MCCARTY NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION ~ i t: FROM ABUSE ORDER, PETITION H f:i j' ~I ,; II i: i Ii' d I:; ,- and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 So Answers: rfJ?a~~~~~ R. Thomas Kline 05/01/2000 Sworn and Subscribed to before By: me this 8/tft. day of '~~) A.D. ~O ~,;LOJ Af'-r," , _ r thonotary , Kat:r:-ina Kaylor, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VB. ~NO. 00 -;)5,5 CIVIL TERM David McCarty, Defendant :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled her~in. If you fail to do so, the case may proceed against you and a FINAL Ord~r may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose oth$r important rightsa . A hearing on this matter is scheduled for the ,!v?O day of '~ ' 2000, at ~:Oc) f".m., in Courtroom NO.L of the Cumbe and County Courthouse, Carlisle, penn~ylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 52261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO I!AVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 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. iiBiIIiIm'- im__~~Ilildi~~Iiflijj;!~.1fol~~~'tl;~.eAl'llPI~!iIf,~liIilli.lIill.J:I - ,~_. 0 ~:; < ~;::;:... " -, c 7""__:J Lt1 , .. :~'CJ '.!~- ",.j ,,/; ,-,", U --<" ~c-. . -:'> ,,-.-. ,,c'_ CJ ~1> J::- .' c: "-i -:7 ~iU ::-.::l . -< \ ,,-- -< .~ ^" --- ~ ~ .. o ~o 00 , - - ~ '~_-i Katrina Kaylor, :IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA VB. ;NO. 00 -':)575 CIVIL TERM David McCarty, Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: David McCarty Defendant's Date of Birth: 11/22/52 Defendant's Social Security Number: Unknown to Plaintiff Name of Protected Person: Katrina Kaylor AND NOW, this cJ~ day of April 2000, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ~ l. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where she might be found. ~ 2. Defendant is evicted and excluded from Plaintiff's residence located at 118 East Cumberland Road, Enola, Cumberland County, Pennsylvania, owned solely by Plaintiff. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premiseEl. ~ 3. Defendant is prohibited from having ANY CONTACT wi th Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's place of employment located at Pennsylvania Department of Labor and Industries, 7th and Forester Street, Harrisburg. ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. D 5. Pending the outcome of the final hearing in this matter. j! Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this Order. D 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at 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 Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ~ 8. A certified copy of this Order shall be provided to the . "~ " " , ~--.' ", '.1 T; lij i_! police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro Police. Harrisburg City Police, and the Capitol Police. D 9. THIS ORDER SUPERSEDES D ANY PRIOR PFA ORDER AND D ANY PRIOR ORDER RELATING TO CHILD CUSTODY ~ lO. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Ii ~ " iJ ;( ~ ~ ~ 'I ~ ~ , ~ ~ " 'I ~ fJ I ! " ~ I' " ~ r ~ ! I! " I " II I Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. S6l14. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. S6ll3. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, l8 U.S.C. SS 226l-2262. Anv protection order qranted bv a court may be considered in any subsequent proceedinqs. includinq child custody proceedinqs. under title 23 (Domestic Relations) of the pennsvlvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain ,. , , ,,~ ~ -, '" Ill,'" ~ possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Judge " ~ . '.,. ~ . ,,- '" d -0_' UL t<'iil", Katrina Kaylor, :IN THE COURT OF COMMON PLEAS Plaintiff VB. :OF CUMBERLAND COUNTY, PENNSYLVANIA ;NO. 00 - .<57J~ CIVIL TERM David McCarty, Defendant :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Katrina Kaylor. 2. The name of the person who seeks protection from abuse is Katrina Kaylor. r ~ r.: 3. Plaintiff's address is 118 East Cumberland Road, Enola Pennsylvania. 5. Defendant is Plaintiff's former intimate partner. r I I I, I ! , i i i I 4. Defendant is believed to live at 118 East Cumberland Road, Enola, Pennsylvania. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is 11/22/52. Defendant is retired. 6. The facts of the most recent incident of abuse are as follows: In or about the end of March 2000, Defendant charged at Plaintiff, who was standing at the top of the stairs, and threatened to push her down them. Defendant threw a portable typewriter, still in the case, at Plaintiff which hit her in the hip as she approached the bottom of the stairs causing soreness. Defendant continued to throw things at Plaintiff including a karoke machine and bathroom scales. Defendant threatened that Plaintiff had better not call the police or she would never make it to the phone causing her to fear for her safety. ,,' - .,-; _ _1 J,.#,2 7. Defendant has committed the following prior acts of abuse against Plaintiff: a. In or about the end of March 2000, Defendant who was outside the residence, attempted to reach through the door, and threatened to punch Plaintiff in the face. Plaintiff pushed the door shut, locked it, and ran to the basement door fearing Defendant would try to enter the residence through the basement. Defendant started banging on the basement door screaming at Plaintiff to let him in causing her to fear for her safety. Later, Defendant kicked in the basement door, breaking both the door and frame, and refused to leave exacerbating the Plaintiff's fear. i1 I: I: ~; ~ I Ii i; i- i,' ! 1 I: Ii , b. On or about March 30, 2000, Defendant grabbed at Plaintiff and pushed her into the stove. Defendant followed Plaintiff as she fled to her car and screamed at her causing her to fear for her safety. c. In or about the beginning of March 2000, Defendant grabbed Plaintiff's purse which was on her arm and told her she was not allowed to leave the residence causing her to fear for her safety. d. Since approximately 1998, Defendant has abused plaintiff in ways including the following: grabbed her, squeezed her wrists, and kicked her in the stomach. Recently, Defendant stated to Plaintiff that he would have to be physically removed from her house, and that if she attempted to have him removed, he would kill himself. 10. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: East pennsboro Police and Harrisburg City Police. 11. There is an immediate and present danger of further abuse from the Defendant. 12. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 118 East Cumberland Road, Enola, which is owned by Plaintiff. ,.., ,-, ~~ "-, i~ " i: WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: I; A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child in any place where Plaintiff may be found. i! ~~ F " B. Evict and exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. ii r$ e: ~ !' C. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiff's place of employment. I D. Prohibit Defendant from having any contact with Plaintiff's relatives. E. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. F. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. I I :; G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. H. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's relatives. I. Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated 0"'",0_' '-, I authority of any addresses, other than Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ~~ \t~\til~ Maryann Murphy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Dated: D ,~ ~'''.'I' f_':_.'I" , ,'P ""1 ~ I " VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: 1I-;JtJ -tf'2J ~kAA4~ K ~ Katrina Kaylor, Plai iff " ~lIiliNIIlIiiIil~'~'>;'Ua.lftiUtlll.ii.-""~"'" -tilliilt~lti!fMW.r4:ii'~fiMf_l~fillI,\~lilR'iI.ii' '. ~~ .~ "t5 ... - ~-<, ~ +:D f~ P g (> l.; f.. ~ t flt- - .,......, r--. . ~" . Co-) \' -' r t~ ....';'-- &;'" u~ g ,z f' '""'- & .rt111f.f- i '" ~- ,- ~~-- , ",~ ~__~, L'. "~^~ .~~, .'""~ . . roo: < -- ~;: ;':") 5~~ ..'? ~ ~< :"<; !".:, --",,,.' ., c- ::> C) ~ .' '.L I !;j KATRINAKAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-2575 CIVIL DAVID McCARTY, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this f?- day of June, 2000, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, DAVID McCARTY, is directed to appear for trial on the charge ofIndirect Criminal Contempt before the Court on the _, d-~ day of ~ v.~ , 2000 at --.lLo'Clockt?-. .m. in Courtroom # 1- of the Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assigmnent of counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. Jonathan R. Birbeck, Chief Deputy District Attorney By the Court, ./lJ nA.Hess J ~ C. ~ ~I1JOO L R~~ DAIVD McCARTY - ~it.-aIfjIMillildi:~ ''''~~~~~i\ll!ljl}!iI;i~;;,(l;)'j~.ftmW~tl!llW!f\lt~~Ui8:''' ~~ >- .~ I-' UjC) ~~ Ii] ~:'~~ --, Q-:~~:r 1!!t..JI'!!.JUI.lYU,..,. 6 "".0, C>) t:"";: ~ 0::'[; "~ ~~ (-.:)2:} '.'0';"': 5(1) ,L_L< ~'-)~-2 ,U". ,)~ ,,;: a.. :'5 () -- -- "'~~~~ ~~': co i .:3" ~ <:::) C) ~-"- "<-^- -Irldiilarll 1iIlllitIl'"'~"' "' , .........1 KATRINA KAYLOR, Plaintiff : IN THE COURT OF COMMON PLEASOF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 00-2575 CIVIL DAVID McCARTY, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. S 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, IN, )6.J{ -h r Jonathan R. Birbeck ~ Chief Deputy District Attorney JUN a6 2000,TUE 10:07 PM CENTRAL PROCESSING FAX NO. 9752166 P. 02/13 COMMONWHAUI'H (W PFlNNS'iLVANCA COUNTY Qli': OJIltcrlaIJd -----.......,--...-.. . ,~j"~t~;~t bi;;:1;t,;;;;t;,; 09-1.--02 .... j, t. It, Jl.st,... _lkn. 1<<*",".;:1: V. ManlCM! ,ij "Si ~~Ol Scate 8t_uet CP.np Hill, I'a 110J.1 POLICE CRIMINAL COMPLAINT COJI.tMONWEAI,Tfl OF P.RNNSYLVANIA va, f~~~iiJ:O::; (717) '/61-0583 DEFENDANT: lW\f: ond ~OORE.S r !avid M:rAtaY lib ~t Address -01 1;:~~;~NO'~'----==-- n\~\i;1<'il~d: OTN: t.___.. ,.__._... ...._ ,- r":"i'c'i'i;;;...jt""'/E".T".Clt;;' .. .- 'tr:.. -_..~--... '08 IV\" 1Iell. ~ ~-",.... '" 'J,Ho 0 1\$1"" 0 alrd< r<l1llto Oiil~,',">I.Ofl,;\l""MofI<"" O~ IlJh..lo U/22/1~S2 183-44-1440 ~.{;~;;;;r:K.A' -..-----.-- ~t's V<I1'.Ole'lnf<ll'lMticn: . --_...~.s Dri....rs.iicmre ~., Pl,t. Nt.nI:oor $Ire I ~i.....tim Stido>tC1fllYYl $lot<! _.. _.. .....____ _ f ..._ j;>A 17 039 853 ;u,~I"f{JUI"'i<:mt M_l>1c alntJlr.:ldotlt NuI!lers if othor Part ciPfJlIS . --rIIlllS c.o. 2ClO(l..OG-O~1.3 .... ,='''==--''='''''''"'-- - ....... ~ -- ll\Url<;l AttOrIlllY'S OOlce n APllfOV\lcl 0 Disapproved because: f(!';~ <li01.riol attOl'M -lilY r"~;"''trnl\ \/lO "1'l'laint. orr~ I'II!'flInt affi""lt, or bo\!, '" "JllI"I'I'!d .,.:iiie ott<llTlll'f lor !ho C<iIIIm<OO\ill prior W h"l1 Pa.R.cr..l' _ lar.l L _J Ii " Ii 11 ~ " , l, ,~ Ij , j 1 I 1 I 1 " !\ ~ i' 11 :; ii <<d:I1t's SDI;lpl Sci:U'ity fUIbet <nillnt'. !lID '" ."tll:TJiiQO,tf;Ol'lil'J'--rortii,"""""'IlJl=""Nriii,jHi'mt or Iypcl' ~SI9>1ture of II<<"""Y for ~'ml .. - --. (Ddtel - T, ._!-':tl.!!L~lt_GRm. __~ (""., of Mfl"""PI.".. Print OJ" T\lf>O) (Office, _ N<lUr1l:ii.,-- (,f",ff~,!-..,l;'lllil.l-"lbor..Q,:~:mw..!;!oJ.ice ~t _ PlI0210300 . -- U_l1' ~t.....<< et' ~ ~ <>'Ii !>olltkol $JxIivi.itn) (llol.iCl! II9o!>"'Y 1m HtitI:iI!r') (Orig\rtatillllty!t'l!'( Co.. Nrn\lCr(Cl'A)) <Ill !l~",by 6tato:(ellocH: Ibl1l;1pproprlalc box) 1. f}J I QeeuSQ the awve named dafemllollt, 'Ill::" li'lell at the addl"illlf; set. forth above n I "tellS\! an def\ln.dant wl\oso ll.!l.l'l1.O i6 un%uown to me but who is described 8.5 - --- !. I iacculi;) tiiCdcfeliii.;;t whose naiii"D "nd pOjJular designaUon or nielr"a.me is unknown to inc and whom! baw- therefore desill"llat.ed as John Doe wil.l\ violathl!l the pOlllll1av'is 0.( the Commollwcallh of Pennsylvania at 116 l!: OJrnberlatld PJ:l., Eoola _.____f{\J.._l.'?-t;t. i,,!,:,~o 2~, .____ (p(~ltk..l (\\.t'd\\IIifcit)-~.' in _f.\:i~rJ.ont;l__...______CoulltyonoraboutilY!..Je 6. 2000 sl: ilDDrGlt 1800 bOUrj> l>,;tlldpants were; (I. there were partle'ipants. pia.. their lI1lmes here, repeating the name o[ the above dd'cndant) . 1:Uyi,d MTJ\R,'Jr..~_ _ . -- -.----- 2. TIla acts commiltad bY the accused W(Jre: {~t (", \II . llIlI.1tY of rlIe filCls suffi<i",llD ..M~ \l1c ci>f<nlirlt of tho Ml'"'' of the all...... ~, ~ cibltla'l to u.... .bltlM l>\\<!IOdl~ lliolat<d ~;",""" """', is rot "tfficil<\t,. In.. """""'Y """", l/O"lD>$t cit\> tire """,lIie ...rimlnl"-tlll1 Of tho stalllt" or ordi!lll'Cl> allq)l!lj{y vlolatod.) The Dro'~.wtr violatoo the mm~ fllQ\Il .NIUl:lE ORDER it 00-2575 Civil 'IemI :woa, ifllmOO on M1LY 02. 2000, by the !{a'JOrable uWg'e Fdgar H. BAYIE'f, to WTI': 'l?1e dBfendant. lNiJE, Ol;derod to ~tay away fran !;.he :residenCe and 1;0 refrain U:qn hari'lSsing or stlllJd:tlfj . he victim, lCatrini::l K/I.'ilDR. The defendant dM. arrive at resi;~cc and did ring door bell sewral till'ea and did ~ after being told to 1ea\Ie'. p~ C1:I.JSljl On ofi/06/"OOO at 1505 hours victim did report that mvid MCCARTY was outside her rC(I'i(1ellce :t'.I.ng4Jg tha dOOt: bell, and lmcdld:og on the door. Victim stated that: she yelled out the window Lor him to leave, CInd when am l~ out the door., $he notiCX'd that MCCAR'lY raraiun on the property. qxn nv arrival r f<lUll:i ~ sitti.'nfl on tho next door neighbors back:wc=h ~ be ila ~ to be iItaying. ID".l\RT'{ adntit:ted. to this offiCW' that he was at the l"e6i.Qcnce lmooldng an tbo door h.Y'C I'H4ft1!>ltlnMn-t .....'..., 1..3 JUN-Q6-2000,TUE 10:07 PM CENTRAL PROCESSING /(Joltlirw:ltioll. of2.) ~:~;~=BVj:~L and ringi.re Ule door \:;ell because he lI\'ilIlted FAX NO, 9752166 P. 03/13 POLleE CRIMiNAL COMPLA1NT :ill Qt ""hid. \\lore l\lZ-ung~ tha peace and dl~ of !.he COlnl'l1llnwcalth of Pennsylvania and Wlluary to tho Act r}f As~ombly, or in violation of 1, 6114 .f the Title 23 1 (section) {suo.se<tlonJ-- (PA statute) \C~ 2. of tho {scct~~i-- (S~b'SKtlon) (PA SiaMe) --- (countS) ~. of the (sccUo;:;)'-'- ..- --,...~......... (Sub'SacH on) (P^ Statute) (oo,""t$) ~. of the (S.oti~)- (S~\rs..t\on) {PA St.tuU) '(tountsj a, 1 nsk that.. warrant of al'rest Dr a summons be issued aM that the defendant be rcqIllred to /WSWa' the charges r have IUIldo. (rll Bnler (or a wurml1t of aIT1l8t to issue, thB atcadrod tdJidawL otprobahle cause must be l:ODl~>leted ..nd &Horn to before I.ba illlWlng authnri~. ~. I verify that the faets set forth 1\\ this complaint are true and eauecl to the best at my knowledge or infOl'mntion and b~licl. 'l'\.k v""fltaU\:lu is ma.do SIlQiect to the penalties of Section 4904 or tile Crimes Codc{lS PA. C.B. a 49(4) relatlngtotlnsworn flll..licllti(lll to ll11thorilillll. ~ ~ ~ - ._"lvn t , Co ~. lOoo '. t) --- l 0 lan ANn NOW. otllhi~ IlatD , ,1 cerlil'ythe cQInplaint hall been properly <;(!htplci.ed and vo)rillmt An af!lilliVitmprobable came must be comiitewa in order for a warrant to issue. SEAL - ..,.. ~,.~et,,,t""'tlr"r,,q--"""-- fob;-";; 4n-t4}9{.}(tJ\tutnet V&r1;imt) llSSUlns Aut"Qr1~Y) 2-3 ~ Katrina Kaylor, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VB. :NO. 00 - 2575 CIVIL TERM David McCarty, Defendant :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: David McCarty Defendant's Date of Birth: ll/22/52 Defendant's Social Security Number: Unknown to Plaintiff Names of all Protected Persons, including Plaintiff and minor child/ren: Katrina Kaylor AND NOW, this 2nd day of May, 2000, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney. ; Defendant, though properly served, fai1ed to appear for the hearing. o Plaintiff's request for a Final Protection Order is denied OR ~ Plaintiff's request for a Final Protection Order is granted. ~ 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. ~ 2. Defendant is completely evicted and excluded from the residence at 118East Cumberland Road, Enola, Cumberland County, Pennsylvania, a residence owned solely by Plaintiff, or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. D On [Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ~ 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's place of employment located at Pennsylvania department of Labor and Industries, 7th and Forester Streets, Harrisburg. Pennsylvania. ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. D 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] (or see attached Custody Order) D 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: D 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. . - ~ ~ 8. The following additional relief is granted as authorized by ~6l08 of this Act: a. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. c. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. d. Defendant is to refrain from harassing Plaintiff's relatives. e. including The court . Defendant is ordered to pay the costs of this action, filing fees, service fees, and surcharge of $25.00 or costs and fees are waived. o 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at. the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. o 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: "; OR o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR ;] Ii ~ I' ,I II I' II ,I ]1 " ~ ,I I " 11 11 ,i I' Ii Ii 'i 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2.0 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s) . 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. 181 13. THIS ORDER SUPERCEDES I8IANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 181 l4. All provisions of this Order shall expire in one year. l.C , ,I. 'I, 'Ii I I ! i I , i' II Ii :i NOTICE TO DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. S6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. S2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. SS 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, l8 U.S.C. S922(G), FOR POSSES~ION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. S6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. ._c L , .-'1 If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. Joan Carey Attorney for Plaintiff David McCarty Pro Se Defendant , KATRINA KAYLOR, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID MCCARTY, DEFENDANT 00-2575 CIVIL TERM AND NOW, this ORDER OF COURT ,z",ci day of May, 2000, defendant having not appeared and following a hearing, a final protection from abuse order is entered. / By the G.m:irt, / -~?y. Joan Carey, Esquire For Plaintiff Edgar B. Bayley, try :saa -5-3 - 00 "RYS . .-"-, , ' SHERIFF'S RETURN REGULAR CASE NO: 2000-02575 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KAYLOR KATRINA VS MCCARTY DAVID RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon MCCARTY DAVID the DEFENDANT , at 0019:05 HOURS, on the 28th day of April , 2000 at 118 E CUMBERLAND ROAD ENOLA, PA 17025 by handing to DAVID MCCARTY a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 So Answers: ~~~~ R. Thomas Kline 05/01/2000 Sheriff Sworn and Subscribed to before By: me this 8~ day of .~ ~n) A.D. " ~ 0 ~ #;'-./ A f""i " r thonotary. ' L...w...~ " ..,~ ,,' ~~ ."'....'''" '....."It.-,: COMMONWEALTH OF PENNSYLVANIA 2QU~';Y OF: CUmberland isterial District NL.lTber: 09-1-02 District Justice Nare:Hcn. Robert. V. Manlove POLICE oo~ ~S:"'s. CRIMINAL COMPL~T"'l ress: 1901 State Street Camp Hill, Pa 17011 COMMONWEALTH OF PENNSYLVANIA Vs. Telep,ore: (717) 761-0583 DEFENDANT: ,- David MCCARTY No Pe:rrnanent Address NAME and ADDRESS I ocket No.: OTN: L .J Defen::Entls Race/Ethnicity I1Ill.IJi te 0 Asian 0 Black o Hisf)9l1ic 0 Native Arrerican 0 l..hkrJJw1 Defendantls A.K.A. efen:lantls Sex Deferdantls D.O.B. OF_te I1Il Male 11/22/1952 Deferdantls Vehicle Infornaticn: Plate NLJTber State Registraticn Sticker(r41!YY) Defen::lantls Social Security Nurber Deferdant's SID 183-44-1440 Defendantls Driverls License NL.lTber State PA 17 039 853 Cmplaint/In::ident, Nud:ler 2000-06-0113 District Attorney's Office n Approved 0 Disapproved because: (The district atto~ nay reqJire~t the cmptaint, arrest warrant affidavit, or Ixlth I::e awroved by the attorrey for the CaTlTCl"'Wealth prior to !iLi'll Pa.R.Cr.P. 107.) CalplaintlIn::ident Nurbers if other Particif)9l1ts (Nare at Attorrey tor Ca1'I1'CI'Yto.Iel th - Please Prlnt or Type) I, ptlm Mark GREEN (Nare of Affiant-Please Print or Type) of East Pennsboro Township Police Dept (Identify Dep3:r1:Jrent or Agency Represented ard Pol itical Sl.t:divisitn) do hereby state: (check the appropriate box) 1. IXI I accuse the above named defendant, who lives at the address set forth above o I accuse an defendant whose name is unknown to me but who is described as (Slgrature at Attorrey tor CCJnIJ:J"Wealth) (Date) (Officer Badge NUJter/I .0.) PA0210300 (PoL ice /J(Jfre-{ (Ill Nutber) (Origirati'll /J(Jfre-{ case NUJter(OCA)) o I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore deBignated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 118 E CUmberland Rd, Enola PA, East Pennsboro Twp (Place-Pol itical Sltdivision) in CUmberland County on or about June 6, 2000 at approx 1800 hours Participants were: (if there were participants, place their names here, repeating the name of the above defendant) David MCCARTY 2. The acts committed by the accused were: . (set forth a sunmry of the facts sufficient to a:lvise the defen:lant of the nature of the offense charged. A citatial to the statute allegedly violated withwt I1Dre, is rot sufficient. In a sunmry case, yw ITLSt cite the specific section ard Sl.b;ectitn of the statute or ordinance allegedly vlotatoo.) The DEFENDANT violated the PROI'ECI'ION FRCM ABUSE ORDER # 00-2575 Civil Te:rrn 2000, issued on May 02, 2000, by the Honorable Judge Edgar B. BAYLEY, to WIT: The defendant was ordered to stay away fran the residence and to refrain fran harassing or stalking the victim, Katrina KAYIDR. The defendant did arrive at residence and did ring door bell several times and did remain after being told to leave. PROBABLE CAUSE On 06/06/2000 at 1505 hours victim did report that David MCCARTY was outside her residence ringing the door bell, and knocking on the door. Victim stated that she yelled out the window for him to leave, and when she looked out the door, she noticed that MCCARTY rerrained on the property. Upon my arrival I found MCCARTY sitting on the next door neighbors back pporch where he is supposed to be staying. MCCARTY admitted to this officer that he was at the residence knocking on the door ACl'C 412-(4196)(Interret Version) 1-3 --' . i ~ ~~- .,~,- ~ 11,,_\: .". LI and ringing the door bell because he wanted to alk to victim. POLICE CRIMINAL COMPLAINT 1-1 I !, i I' (Continuation of 2.) IiEifendat.t Name: David MCCARTY Docket Number: all of which were against the peace and dignity of the Commonwealth ofPennsylvauia and contrary to the Act of Assembly, or in violation of 1. 6114 of the Title 23 1 (Section) (Sub-Section) (PA Statute) (counts) 2. of the (Section) (Sub-Section) (PA Statute) (counts) 3. of the (Section) (Sub-Section) (PA Statute) (counts) 4. of the (Section) (Sub-Section) (PA Statute) (counts) 3. I ask that a warrant of arrest or a summons be issued and tbat the defendant be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority. 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Coden8 P A. C.S. IJ 49~ relating to unsworn falsification to authorities. ~~ /(Z~ ,)Ut"lf ~t'. ,2000 _~~ ( 19 U 0 lant AND NOW, on this date ~ c:.. , ;;) tJ 0' ,I certify the complaint has been properly completed and verified. An Vlt 0 probable cause must be completed in order for a warrant to issue. () 9/ :3-- tJ-;;,.- ~6~,~) 2-3 SEAL (Maglsterlal Dlstrlct) AOPC 412-(4/96)(I,nternet Version) iilil""'''~',J,~,-"'- ~li'iI~~MltK_il.'lll~"',"""","'Il"".,,-<,j,"'"",,",,,'-'b!o;~!,~g~~1II _11 "" ~, . ""~""'f_ir'mBi:j~ -Wtil'l'lIillll1'" '. ~" <,~ ~,,,,,6,~^ I 0 coa, .., C> C c.'1- ,~S; "!1 "-- --~ Z:7'J ~"". " 65S~- , ,,; ~f'::~ (.\) l'~) , ~t=; ~::~ - -1'1 ~::o 2') )>c': (,;. iT! Z -, ..... i'-> > -< 0"\ ::0 -< ~ I , .t:JI _l..J',,""h" j'~lIUi KATRINA KAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW !: 00-2575 CIVIL TERM DAVID MCCARTY, Defendant PROTECTION FROM ABUSE IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 12th day of June, 2000, the defendant having appeared in open court and having admitted that he is in contempt of the within protective order, he is thus adjudged, Sentence of the court is that the defendant pay the costs of these proceedings and undergo imprisonment in the Cumberland County Prison for a period of not less than seven days nor more than six months. It appearing that he is deserving of credit for time served from and after June 6, 2000, he is paroled effective immediately without supervision but on the condition that he abide strictly by the terms and conditions of the protective order heretofore entered, and that in addition that he not be within one thousand feet of the plaintiff's residence. By the Court, Jonathan Birbeck, Esquire Assistant District Attorney ~~~i~~~' ~::;;~i~eDefender ~ Probation Sheriff CCP :bg ~_*'lii[" !!!I_I.. ~ ~ i ~;"L~"id'~ --'''''''~," iJl~oiil'diIlf\i:~~"IuaJi: ~.... 'fiNV/\lASNN3d JJNnm 0i'!'tlJI?8Y'Jno ". 8 L!~ 0'1:' i"" r I Mil' 00 AHv1Ci ,::() ~"__-., Y... ~''-"'" -,~ "d ,_~~~, ~~~ J -" 'ldiI .l. .' J.....'-J ,~ ',', ~ -.1 CERTIFICATIOO OF PFA <XNI'EMPr ~ ~ 2000-2575 CIVIL TERM NAME DAVID McCARTY " ~ '\"; - - ,~ (UNKNOWN) KATRINA KAYLOR VICTIM'S NAME: BALANCE DUE: $ 109.92 ADD $ $ $ 39.42 $ 10.00 $ 15.00 $ 45.50 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ( $1. 50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME PROTHONOTARY ADDRESS CITY STATE NAME $ ADDRESS CITY STATE NAME $ ADDRESS CITY STATE PROTU""""RY omeR k J ~ ).- PERSON CERTIFYING INFO?MATION -'------ ~'/ q/t-?J~) DATE (r- ~ J..- c!-r) DELETE i i'l " ,. i'i r! " I: Ii 11 " fi I: " I' LI fi ,i , $ $ $ $ $ $ ZIP $ ZIP $ ZIP