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HEATHBR L. WARNBR,
Plaintiff
IN TBB COURT OF COMMON PLBAS OF
CUMBBRI.J\HD COUNTY, PBNNSYLVANIA
No. 90-536 CIVIL TBRM
PROTBCTION FROM ABUSB
v.
DUANB B. KOUGH,
Defendant
MOTION FOR CONTINUANCB
AND NOW comes the Defendant, DUANE E. KOUGH, by and
through his attorney, the Law Offices of Patrick F. Lauer, Jr., and
respectfully avers the following:
1. The Defendant is scheduled for a hearing in the above
referenced matter.
2. This hearing is scheduled for February 4, 1990 at 0:45 AM
in Courtroom # 2 with Judge Bayley.
3. Defense Counsel has just been retained in regard to this
matter.
4. Defense Counsel requests a continuance in order to
prepare for this hearing.
5. Defense Counsel has contacted Plaintiff's Counsel, Joan
Carey, Esquire in regard to this request for re-scheduling.
6. Plaintiff's Counsel was agreeable to the request for re-
scheduling of the aforesaid hearing.
7. Plaintiff's Counsel contacted Defense Counsel's office
with several dates given to her by Judge Bayley's secretary.
O. A new date was agreed upon and the aforesaid hearing is
re-scheduled for February 26, 1990 at 2:30 PM.
HEATHBR L. WARNBR, . IN TUB COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBBRLAND COUNTY, PBNNSYLVANIA
.
.
.
v. . No. 98-536 CIVIL TERM
.
.
.
DUANE B. KOUGH, . PROTECTION FROM ABUSB
.
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the
foregoing Motion upon the person, and in the manner, indicated
below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of the same with the
United states Post Office at Camp Hill, Pennsylvania, through first
class mail, prepaid and addressed as follows:
Joan Carey, Esquire
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
Respectfully submitted,
DATE:
1?(rNe
Jeann- B. Wigbels, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 68735 Tel. (717) 763-1800
SHCf/IFF' ::; Id::nlllrl
!.:EGULAH
CASE NO: 1998-0053G P
COMMONWEALTH OF PClINSYLVAN1A:
COUNTY OF CUMBERLAND
WARNER HEATHER L
V5.
KOUGH DUANE C
MICHAEL BARRICK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says. the within PROTECTION FROM ABUSE was served
upon KOUGH DUANE E
defendant. at 12:18 HOURS. on the 30th day of January
1998 at 235 STEELSTOWN ROAD
the
NEWVILLE. PA 17241
,CUMBERLAND
County. Pennsylvania, by handing to DUANE E. KOUGH
a true and attested copy of the PROTECTION FROM ABUSE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketino
Service .
Affidavit
Surcharge
So answers:
18.00
7.44
. Q)Q)
2.00
R. Ihomas IU~ne. Sher~.t.t
~';:;7. ..'14
0"00':~00 ~.~
~ ~pu _, er~'
Sworn and subscribed to before~
this -4- day of -:itJH.ua~
19-.1%'_ A. D,
.'0, kfl~fr~
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 98- :13& crvIT.. TERM
: PROTECTION FROM ABUSE
Heather L. Warner,
v.
Duane E. Kough,
Defendant
TEMPORARY PROTECTION ORDER
AND NOW, this 3?tAday of January, 1998, upon presentation and consideration of the
within Petition, and upon finding that the plaintiff, Heather L. Warner, now residing at 708 Allen
Road, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse
from the defendant, Duane E. Kough, the following Temporary Order is entered.
The defendant, Duane E, Kough, (SSN: unknown and date of birth: 1-9-70) now residing
at 235 Steelstown Road, Newville, Cwnberland County, Pennsylvania, is hereby enjoined from
physically abusing the plaintiff, Heather L, Warner, or placing her in fear of abuse.
The defendant is ordered to stay away from the plaintiffs residence located at 708 Allen
Road, Carlisle, Cwnberland County, Pennsylvania, a residence which is not owned or leased by
the defendant, and any other residence the plaintiff may establish,
The defendant is ordered to refrain from having any direct or indirect contact with the
plaintiff including, but not limited to, telephone and written communications,
The defendant is enjoined from harassing and stalking the plaintiff and from harassing the
plaintiffs relatives.
The defendant is enjoined from entering the plaintiffs place of employment.
The defendant is enjoined from removing, damaging, destroying or selling any property
owned solely by the plaintiff.
A violation of this Ordcr may subjcct thc dcfcndant to: I) arrcst undcr 23 Pa.C.S.
!l6113; II) a private criminal complaint undcr 23 Pa.C.S, !i6113.1; III) a chargc of Indirect
criminal contcmpt under 23 Pa.C.S. !l6114, punlshablc by Imprisonment up to six months
and a nne ofSlOO.OO-Sl,OOO.OO; and Iv) civil contcmpt under 23 Pa.C.S. !l6114.1.
Resumption of co,resldence on the part of the plaintiff and defendant shall not nullllY thc
provisions ofthe court order.
nus Order shall remain in effect until modified or tem1inatcd by the Court and can be
extended beyond its original expiration date if the Court finds that the defendant has committed
another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to
the plaintiff.
The defendant is ordered to relinquish to the sherift's department any weapons which he
owns, possesses, has used or threatened to use in an incident of abuse against the plaintiff, and the
defendant is prolubited from acquiring or possessing any other weapons for the duration of this
Order and is required to relinquish to the sheriff any firearm license the defendant may possess,
The defendant's weapons and fireann license may be returned at the expiration of the Protection
Order if the following conditions are met: the defendant files a petition with the court requesting
the return of the weapons and firearm license, a copy of the petition is selVed upon the plaintiff,
and the Court Orders the return of the weapons and license subject to any restrictions and
conditions the court shall deem appropriate to protect the plaintiff from further abllse through the
use of weapons, A copy of this order shall be transmitted to the chief or head of the police
department of Newville and to the sheriff of Cumberland County.
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Heather L, Warner,
: IN TIlE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 98.
CIVll. TERM
Duane E. Kough,
Defendant
: PROTECTION FROM ABUSE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the foUowing pages,
you must take action promptly after this Petition, Order and Notice are selVed, 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. Any Protection Order granted by a Court may be
considered In any subsequent domestic relations proceedings, Including custody actions.
FEES 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 up to $250,00 to reimburse one of Legal Services,
Inc, 's funding sources for Legal Services, Inc. 's representation of the plaintiff.
You have the right to be represented by counsel. You should take this paper to your lawyer at
once. Uyou 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 help,
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249.3166
AMERICANS WIlli 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 infonnation 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,
Heather L. Warner,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 98. ,~'4'" CIVIL TERM
Duane E. Kough,
Defendant
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION ORm~R
RELIEF UNDER THE PROn~CTION FROM ABUSE
ACT, 23 Pa.C.S. ~ 6101 et seq.
A. ABUSE
1. The plaintiff, Heather L. Warner, is an adult individual residing at 708 Allen Road,
Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant, Duane E. Kough, (SSN: unknown}(Date of Birth: 119/70), is an
adult individual residing at 135 Steelstown Road, Newville, Cumberland County, Pennsylvania,
17241.
3, The defendant has had an intimate relationship with the plaintiff.
4. Since approximately 1992, the defendant has attempted to cause and has
intentionally, knowingly, or recklessly caused bodily injwy to the plaintiff, has placed the plaintiff
in reasonable fear of imminent serious bodily injwy, and has knowingly engaged in a course of
conduct or repeatedly committed acts toward the plaintiff including following the plaintiff, without
proper authorization, under circumstances which have placed the plaintiff in reasonable fear of
bodily irijwy. This has included, but is not limited to, the following specific instances of abuse:
a. On or about January 25, 1998, the defendant unexpectedly
showed up at the plainlitrs friend's home where the plaintiff was
1
staying, went to the room where she was sleeping, and repeatedly
harassed her in ways including the following: yelling at her to wake
up, calling her vile names, and repeatedly turning the light off and
on in the room where she was sleeping while he held the bathroom
door shut !rapping her friend and her daughter inside to keep them
from stopping him. The plaintiff feared for her safety and called
her friend's uncle to come over and make the defcndantleave. As
the defendant was leaving, he threatened to return and "beat the shit
out of the plaintiff," exacerbating her to fear for her safety.
b. In or about August 1997, the defendant unexpectedly came
to the plaintiff's residence, was let in by a friend, and went to the
plaintiff's bedroom where she was sleeping, The defendant woke
the plaintiff up by forcefu1ly pinching her causing her pain. As the
plaintiff sat up, the defendant knocked her anns out from under her
causing her to fall back down onto the bed, and put his ann
forcefully on her throat screaming at her until she was able to
struggle free.
e, In or about March 1995, when the plaintiff was working at
the Midway Skating Rink and was approximately seven months
pregnant, the defendant told two females that he would pay them
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$100.00 if they would trip the plaintiff and cause her to have a
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d, On or about November 27, 1992, when plaintiffwa., at
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miscaniage which calL~ed the plaintiff to fear for her safety.
home having dinner, the defendant and his friend showed up.
During a conversation, the defendant puUed out a handgun and
pointed it at the plaintiff causing her to fear for her safety,
e.
In or about June 1992, the defendant, plaintiff, and some
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mends were involved in an automobile accident in which the
defendant threatened the plaintiff and her mends saying that if they
ever told anybody what happened, he would ki11 them causing them
to fear for their lives.
s.
The plaintiff believes and therefore avers that she is in immediate and present
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danger of abuse from the defendant and that she is in need of protection from such abuse,
f
,
6. The plaintiff desires that the defendant be prohibited from having any direct or
indirect contact with the plaintiff including, but not limited to, telcphor,e and written
communications.
7. The plaintiff desires that the defendant be enjoined from harassing and stalking the
plaintiff, and from harassing the plaintifi's relatives,
8. The plaintiff desires that the defendant be restrained from entering her place of
employment.
3
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9. The plaintiff desires that the defendant be eqjoined from removing, damaging,
destroying or selling any properly owned solely by the plaintiff.
10, The plaintiff desires that any weapons the defendant owns, possesses, and has used
or threatened to use in an incident of abuse against the plaintiff be confIScated by the Sherifi's
Department.
11. The home which the plaintiff is asking the Courlto order the defendant to stay
away from is not owned or rented in the defendant's name.
12. The defendant currently resides at his parents' residence which is located at 235
Steelstown Road, Newville, Pennsylvania,
B. REIMBURSEMENT FOR COST OF CASE
13. The plaintiff asks that the defendant be ordered to pay $250.00 to reimbW'Se one of
Legal Services, Ine.'s funding sources for the cost of litigating this case.
WHEREFORE, pW'Suant to the provisions of the "Protection from Abuse Act" of October
7, 1976,23 Pa,C.S, ~ 6101 etseq., as amended, the plaintiff prays this Honorable Court to grant
the foUowing relief:
A, Grant a Temporary Order pW'Suant to the "Protection from Abuse Act"
1. Ordering the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse.
2, Ordering the defendant to refrain from having any
direct or indirect contact with the plaintiff including, but not limited
to, telephone and written communications.
4
3. Ordering the defendant to refrain from harassing and
stalking the plaintiff and from harassing the plaintiffs relativcs,
4. Prohibiting thc defcndant from entering the plaintiffs
place of employment,
5. Prohibiting the defendant from removing, damaging,
destroying or selling property owncd solely by thc plaintiff.
6. Ordering the defendant to stay away from the
plaintiffs residence located at 708 Allen Road, Carlisle, Cumberland
County, Pennsylvania, and any other residence the plaintiff may
establish,
7. Ordering the defendant to relinquish to the sherifl's
department any weapons which he owns, possesses or has used or
threatened to use in an incident of abuse against the plaintiff and any
firearm license, and prohibiting the defendant from acquiring or
possessing any other weapons for the duration of the order,
B. Schedule a hearing in accordance with the provisions of the "Protection from
Abuse Act, II and, after such hearing, enter an order to be in effect for a period of one year:
1. Ordering the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse.
5
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2. Ordering thc defendant to refrain from having any
direct or indirect contact with the plaintiff including, but notlimilcd
to, telephone and written communications.
3. Ordering the defendant to refrain from harassing and
stalking thc plaintiff and from harassing the plaintift's rclatives,
4. Prohibiting the defendant from entering the plaintiff's
place of employment,
5, Prohibiting thc defendant from removing, damaging,
destroying or sclling property owned solely by thc plaintiff.
6. Ordering the defendant to stay away from the
plaintiffs residence loeatcd at 708 Allen Road, Carlisle, Cumberland
COWlly, Pennsylvania, and any other residence the plaintiff may
establish,
7. Ordering the defendant to relinquish to the sherift's
department any weapons which he owns, possesses or has used or
threatened to use in an incident of abuse against the plaintiff and any
firearm license, and prohibiting the defendant from acquiring or
P088cssing any other weapons for the duration of the order.
8. Ordering the defendant to pay $250.00 to reimburse
one of Legal SCIVices, Inc. 's funding sources for the cost of litigating
this case.
6
The plaintiff further asks that this Petition be med and served willtout payment of fees and
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cosls by lite plaintiff, pending a further order at the hearing, and that certified copies of this
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Petition and Order be delivered to lite Pennsylvania State and North Middleton Township Police
Departmenls which have jurisdiction to enforce litis Order.
The plaintiff prays for such ollter relief as may be just and proper.
Rcspectfully submitted,
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LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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The above-named plaintiff, Heather L. Warner, verifies that the statements made In the
above Petition arc lnIe and cOlTCcl The plaintiff undCl'lllands that false statements herein arc made
subject to the penalties of 18 Pa.C.S. ~ 4904 relating to IUlSWorn falsification to authorities,
Date:! -al-q('l
r1J~f)+hO~~l JoZlntl')
Heather L. Warner, Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN'IY, PENNSYLVANIA
NO. 98-536 CIVTI" TERM
Defendant PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
PlaintilT
v.
Duane E. Kough,
The plaintiff, by and through her attorney, moves the Court for an Order generally
continuing the hearing in the above-captioned case on the grounds that:
I. A Temporary Protection Order was issued by this Court on January 30, 1998,
scheduling a hearing for Febrwuy 4, 1998, at 8:45 a.m, An Order for Continuance was entered
on February 10, 1998, rescheduling the hearing for February 26, 1998, al 2:30 p,m.
2. The Cunlberland County Sheriff's Department served the defendant with a
certified copy of the Temporary Protection Order and Petition for Protection Order on January 30,
1998.
3. The defendant ret,lined Jeanne B. Wigbels to represent him in the lTh1tter.
4. The parties, by and through their counse~ agree Ihal the hearing be generally
continued 10 afford them time to execute a Consent Agreement.
5. The plaintiff requests that the Temporary Protection Order remain in effect for one
year or until modified or terminated by the court after notice and hearing,
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FEB 2 7 1998
Heather L. Warner,
: IN TIm COURT OF COMMON PLEAS OF
PlaintiJ1'
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 98-536 CIVIL TERM
Duane E. Kough,
: PROTECTION FROM ABUSE
Defendant
ORDER FOR CONTINUANCE
AND NOW, this _ day of February, 1998, upon consideration of the attached Motion
for Continuance, the hearing scheduled for the 26th day of February, 1998, at 2:30 p.m. is hereby
continued generally. This Order is entered without prejudice to either party to request a hearing,
The Temporary Protection Order shall remain in effect for one year or until modified or
terminated by the court.
The Cumberland County Sherift's Department shall attempt to make seJVice at the
plaintiff's request and without pre-payment of fees, but service may be accomplished under any
applicable Rule of Civil Procedure.
Certified copies of this Order for Continuance will be provided to the Pennsylvania Slate
and North Middleton Township Police Departments by the plaintiffs attorney,
By the Court,
Joan Carey
Attorney for Plaintiff
TRUE COpy FROM RECORD
In Testimony whereof, I here unt~ set my hand
and 'he seal of said Court at Carlisle, Pa, '1.
This ,d.~P..,.... ~ of" .. 19,1...
Jeanne B. Wigbels
Attorney for Defendant
.........-
7, The Cumberland County Sheritrs Department shall relun! to the defendant all of
the weapons which were confiscated under the Temporary Protection Order dated January 30,
1998.
8, The court costs and fees arc waived.
9. This Order shall remain in effect for a period of one year or until modified or
tcnninated by the Court. 111e Order can be extended beyond its original expiration date if the
Court fmOO that the defendant has commilled another act of abuse or has engaged in a pallem or
practice that indicates continued risk of hann to the plaintiff.
10, A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C,S.
~6113; ii) a private criminal complaint under 23 Pa,C.S. ~6113.1; ill) a charge of indirect eriminal
contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to si.x months and a fine of
$100,00-$1,000,00; and iv) eivil contempt under 23 Pa,C,S, ~61l4,1. Resumption of co-
residence on the part of the plaintiff and defendant shall not nullifY the provisions of the court
order.
II. The Pennsylvania State Police and North Middleton Township Police Department s
shall be provided with certified copies of this Order by the plaintiff's attorney and may enforce this
Order by alTest for indirect criminal contempt without warrant upon probable cause that this Order
has been violated, whether or not the violation is commilled in the presence of a police officer. In
the event that an alTest is made under this section, the defendant shall be taken without
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Allen Road, Carlisle, Cwnberland County, Pennsylvania, and any other residence the plaintiff may
establish.
7, The plaintiff agrees to the relurn of all the weapons confiscated by the Cumberland
County Sheriff's Office according to the Temporary Protection Order dated January 30, 1998. It
is not the parties' intention to restrict the defendant's ability 10 possess firearms.
8. The defendant, although entering into this Agreement, does not admit the
allegations made in the Petition.
9. The defendant understands that the Protection Order entered in this matter will be
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in effeet for a period of one year and ean be extended beyond it original expiration date if the
Court fmds that the defendant has committed another act of abuse or has engaged in a pattern or
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practice that indicates continued risk of harm to the plaintiff. The defendant understands that this
Order will be enforceable in the same manner as the Court's prior Temporary Protection Order
entered in this case.
10. Violation of the Protection Order may subject the defendant to: i) arrest under 23
Pa,C.S, ~61l3; ii) a private criminal complaint under 23 Pa.C,S. ~6113.1; ill) a charge of indirect
criminal contempt under 23 Pa,C.S. ~6114, punishable by imprisonment up to six months and a
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