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Home My WebLink About01-0477 FX ,-' . L ,I ~ Shelley A. Carrara, Esq. Deputy Prothonotary Patricia A. Henard Chief Clerk . . Supreme Court of Pennsylvania Western District February 9, 2001 801 City-County Building Pittsburgh, P A 15219 ~11.565.2816 www,aopc.org Ellen Knowles Barry, Esq. Cumberland Co Pub Defender 1 Courthouse Square Carlisle, PA 17013 RE: Marable, Robin NO.168 INT 2001 Dear Attorney Barry: The above-named law student has been approved and certified under Pa. BAR 321 and 322 by: Dickinson School of Law Feldman, Harvey Associate Dean as a duly enrolled law student who has completed at least three (3) semesters of legal studies, or the equivalent thereof, as being of good character ilnd competent legal ability, and as being adequately trained to perform as a legal intern as of February 9, 2001. Pursuant to such certification and in accordance with and subject to the provisions of Pa. BAR 321 and 322, the above-named student has been certified as a legal intern and you have been approved to perform the duties of supervising attorney. WITNESS my signature and the seal of this Court, February 9, 2001 Very- truly yours, ~ ;(~ /"Office ~notary //' Idal cc: Mr. Harvey A Feldman Associate Dean 'M~6etNari:lulc- / r } ,{ 1 , I ; .~ <' '" ~F"; ~ .- " i!~<!;:f. 1; 10":08; 23 01 OS:36a => VICTIM WITNESS; #4 EAST PENNSBORO POLICE ".4 JOMMONWF.:ALTH OF PENNSYLVANIA COUN'i"lOF: . ~laod ;~...i.\ Oi""ldt~' 09-1-02 istrlot "1St''''' 1lare:1IIr\. RObert V. Mmlove ~l 1901 state Street Cattp Rill, l?a 1."101.1- IreLEf/><re: POLlCB "CRIMINAL 'COMPLAINT COJWOlll'WEAL'l'H OF PENNSYLVANIA va DEFENDAm': r tWlE ..,d ADOIlES$ wuu"", 3......" l>ICCLDBKP.V 124 Linton Hill Road PunoannOn, Pa. 17020 (717) 7~1-Osa3 ., ~ocket No.: Fate Filed: IOTN: L ..J l,)e .....1:', RQ/e-11tnic:ity {ii...,lte 0 As;... 0 Rla:;. o .;""",ioCI Hatl.. "",,"I"'" Q_ . "tfttm'\t'll A. K.I\. I , , ei\:Brt''S 5\:CIQl ~ity IMi:I;r ~'s 510 216 98 3169 lamt/Jn:ich'tt 2001-02-00296 Distri~t Attorney's Ofll.~ n Approved n Disapproved b$ll8.us&: , mr.:t~~~:~r'~)1IIlV roq,ri"'~t the ""I'Laint.lanl.st ....rlllt affidivit, or bolll be 'W'<MId I:y the momoy for lIIe C41ml;nelt!l po;<< to {NSlZ! ct A~1:'artt:!!f tOt r..annnmltn: . Please Prmt Qf I~~ sqt RODer" GOuld (Hn> I1f Ilffiant-Pl_ Print /It TJ18> oi EaSt Pem~h-vrn 'l'CMIShipPQlice De.ot (ldentHyo;;;;b,~ fiB/ISvy ~ iilr'I:J Po~it:ie;il 'Udiv~$fcn) do h_by state:lcheck the app'l'l1pria~ bo::t) \l!I r .r..nse th.. .hove named defendant, who lives at the address set forth above o r accuse an defendant whose lm.llIe is unbown to me but who is described lIS . , (Slg:'\lt1J'E! ot AttQrnf( tt:r ................8!.ltlO wate) . I, (Offi........ ",,*,""I1Jl.) PA02:l.0300 (Poll",.." I'lll 1I,,""r) (Cri"'...t..... _ COO& _((rAIl o r accuse the defendant whose name and popular designation or nickname is unknown ro me and whom I have t~te d~\.~ uJoh>>. DQe "ith violating the penalllll....ll of the Commonwealth of PenJ1SYlvaniaat 17(\ Wyomin<'l Ave ,Enol a, J?a- (Plabe-PQl.t1Al ~Nist(ft) 1" in Cl.ultIerland County on orabollt F..b ". ~on1 at aDDrox 2Q:15 ho..r~ Participant$ wete: (if there were participants, place their names here, repeating the name of the above aefendant) "'1;' , 1 '\ -p,.-m ;\";'!r~90 M.CCIDs,'Y;,!N , 2. The acts committed by the aceused were: CEt-""t fQ["th .:::I ~ af th-c foCtli !:Ufficitnt to advfee the IlNfIill"d;nt of fhc Nture 01 thEo "f~ nanl"Qt'!d. ;.. dtaticr'( to & Btat\..e auera:fty viotiil~od ;.ritr.M ,1Ore, i$ rct sufficient. In a $UmElt'y C~I yoo nust cite the ~1fie Sl'CtfQ"l an:! $lbect\CJ"i Of the- $'tiMe Qr on;lin::r'U all~~Y' Y10ta'l:ed~) 'the defendant violated the PRCY.!'OCTION FROM lUlUSE ORlJER # 01-477 Ci-vil Term 2001, issue'; by the llon=aI>le. J~ Geor;;e l1.. I!<>ffer, t.c Wl'!!, 'lh.. &.fe"dant was ordered too stay away from 178 lIyoming Ave ane! have no contaot with Tonya l5a.mlllY"'. Defenol"nt did go to above location and did knock on the front dool;" of that location. PROIlAJ:ILl' (;AU;;!'. OIl 2-21-01 at approx 2100 hors Tonya Barninger dio. report thatati a,:,r>rox 2035 hours she had heard knocking on her front door and upon openinq the door she saw tfilliarn MCCLOSKEY standing at the front door. Barninger reported SIlO. illllIledlatlilly 010....<1 Llll': door with MCcr,oSKEY st<mding outside the door. Barninger she did not see MCC[.OSI<:EY after closing tho door and there was no more knocking at the front door. >V.FC ,~1"'.(t..ti;' ~~ Ir'lt':.ofl~'f' 1/, ",:J" \ ,., - L_I~ "' , F~ 23 01 0813&8 =? vlcrUf WITNESS; IS EAST PEHHSBORO POLICE p.5 POLICE CRtMIHAl'. COMPLAIN'!' all of whi~ WOt'll againet the pea.., and dill"iW of the OOlDmonwealth of PennB,ylvanla IWd COllLnuy to the Act of Assem.bly, or in violation of 1, 6114 of 'he Ti Ue 23 1 (Section) (Sub-Section) (PA s..tUt., (CGLlIltsl ~. of the (Sootion) (flub-Sectionl (PA Stotu'e) (oountsl 3. of the (Sectionl (Sub-Section) (PA St.tute) (counts) 4. br tl1e CSect lonl--- (Sub-Section) CPA StatUt8) (~OUI"fts,) J. I ask tbat a WlU'\'aDt of arrest or a summons be Issued and that the defeodi\llt be required to answer tbe charges I ha.... made. (Ia order fou ~..c~ to issue, the atlJ1ChedeMdavitofpruba!lle (a1llle mllllt be IlIlIIIpleted and _ to belimi the IssaitIg ant.borily. 4. ' r verib that the facts set 1brth in this complaint....., tn... and eo~_ to the best qf "'Y lmowledge or infomlation and beIi.t. This verilkation is made Sllbject.tO th.ll peQIties of fheti0ll4904 of the Crilnes Code(1S PA. C.B. S 4904) relating tollllSW01'll falsificatiOJ> to authOrities. .J - :13 , 19 !2..L R 0~ --k- ..Jl.... 'LJ , -ilr,~tur. ."tf'Bint) . AND NOW, on this date . 19 , I certilY the complaint bas been properly o:Ol'nptete4 al\d verlli~ An ~Vlt of probable 1>>1IlIe must be rompleteiT in order for a wamnt to !SSIle, 1""11~' .....1 6. '''ru::<i ~rr'''' 1....,.' ........L. _ .__ SEAL .fl$:Sll,nrl ~.'r" ("\tv' I" ~ I ",'I . TONY A LORRAINE BARNINGBR, Plaintiff " : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-477 CIVIL TERM WILLIAM JAMES McCLOSKEY, Defendant : PROTECTION FROM ABUSE AND CUSTODY O~R FOR CONTINUANCE AND NOW, this ( ~ day of February, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on February 2, 2001, at 9:30 a.m. by this Court's Order ofJanuary 23,2001, is hereby rescheduled for hearing on Monday, February 26,2001, at 2:30 p.m. in Courtroom No.3 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through July 23, 2002, or until further Order of Court, whichever comes first. By the Court, Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, P A 17013 William James McCloskey, Defendant c/o Dedicated Delivery Service 4250 Chambers Hill Road Harrisburg, P A 17111 --'';'i~E;: TONY A LORRAINE BARNINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-477 CIVIL TERM WILLIAM JAMES McCLOSKEY, Defendant : PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE Plaintiff, TonyaLorraine Barninger, by and through her attorney, Joan Carey ofMidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on January 23,2001, scheduling a hearing for February 2,2001, at 9:30 a.m. 2. The Cumberland County Sherifi's Department deputized the Dauphin County Sheriff's Department who served Defendant with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse on January 26,2001, at his place of employment at Dedicated Delivery Service 4250 Chambers Hill Road, Harrisburg, P A. 3. On February I, 2001, Defendant indicated to MidPenn Legal Services staff that he did not desire representation in this matter and wanted to settle the case. 4. The parties agree that the hearing be rescheduled to facilitate settlement of the case. 5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period ofI8 months from the date it was entered, through July 23,2002, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of 18 , - "~ ~ . . -~~] months from the date it was entered, through July 23, 2002, or until further Order of Court, whichever comes first. Carey, Attorney for MidPenn Legal Services' 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 i" - ~iH~,*o-! ~ TONYALO~B~GER Plaintiff . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.OI- "177 CIVIL TERM WILLIAM JAMES McCLOSKEY, Defendant . PROTECTION FROM ABUSE AND CUSTODY 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 herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. " A hearing on this matter is scheduled on the ;L/tld dayOC.$~~ ,2001, at tj:.3/ /.l-.m., in Courtroom No~L, 4th Floor, Cumberland County Courthouse, 1 Co bouse Square, Carlisle, Pennsylvania. 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 ofindireet 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. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 US.C. ~226S, this Order is enforceable anywhere in the United States, tribal lands, US. 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 US.C. ~ 2261-2262. You should take this paper to your lawyer at once. You have the right to have 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 help. 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. - . . , i - ~ ~-~-""""_",.ilh;',- . , TONYALO~B~GER Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law ; No. 01- '1/1 C.iuJ Ih-- WILLIAM JAMES McCLOSKEY, Defendant : Protection From Abuse and : Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: WILLIAM JAMES McCLOSKEY Defendant's Date of Birth is: January 13, 1981 Defendant's Social Security Number is: 216-98-3169 Name(s) of All proteeted persons, including Plaintiff and minor children: 1. TONYA LORRAINE BARNINGER AND NOW, on 23rd Day of January, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. " , I "" . L - l-'-~'-'~"'J"""c- , 2. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs 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 current residence and any other place she may reside during the term of this Order. 178 Wyoming Avenue Enola, PA Plaintiff's place of employment and any other location where she may be employed during the term of this Order. Gannett Fleming 207 Senate Avenue, West Building Camp HiD, PA The day care facility of the parties' minor child. Plaintiff's father's residence: David Barninger 24 Nottingham Road Camp Hill, PA Plaintiff's mother's residence: Confidential address 3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other person proteeted under this Order, by telephone or by any other means, including through third persons. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: I. STEPHIN DAVID McCLOSKEY Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Defendant's contact with the parties' minor child is suspended pending further Order after the hearing scheduled in this case. = ,I , ......~"'.....'.~1~""~" 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 the Plaintiff in accordance with the terms of this Order. 5. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. I. any and all fireanns and weapons, specifically: 2. a shotgun. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 6. The following additional reliefis granted: Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defeudant is enjoined from damaging or destroying any property owned solely by Plaintiff. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT LOWER ALLEN TOWNSHIP POLICE DEPARTMENT 8. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 23, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT I, ",,' -1-" .. Defendant is hereby notified that violation ofthis 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. ~6114. Consent of the 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. ~6113. Defendant is further notified that violation ofthis 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, 18 US.c. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 5 of this Order, defendant shall be arrested on the charge ofIndireet 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 oflaw 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 Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence ofa crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY~ Judge I }:>,.f) I , Date Distribution to: Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, P A 17013 (717) 243-9400 FAXed & mailed to PSP ~. """',-"';","-'-, -- TONYA LO~ B~GER, Plaintiff v. WILLIAM JAMES McCLOSKEY, Defendant .... , ' \<-y PFAD Number: YXI183976J : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYL VANIA : Civil Action - Law ;NO.01-'I77~ i.......... : Protection From Abuse and : Custody PETITION FOR PROTECTION FROM ABUSE I. Plaintiffs name is: TONYA LORRAINE BARNINGER 2, I, (the Plaintift), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. TONYA LORRAINE BARNINGER 4. Plaintiffs Address is: 178 Wyoming Avenue. Enola, PA 17025 S. Defendant's Name is: WILLIAM JAMES McCLOSKEY 6. Defendant is believed to live at the following address: unknown. - ~. > , " i~].if,W~I~H 7. Defendant's Social Security Number is: 216-98-3169 8. Defendant's Date of Birth is: Jauuary 13, 1981 9. Defendant's Place of employment is: Dedicated Delivery Service, 4250 Chambers HiD Road, Harrisburg, PA 17111. 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Parents of the same children Current or former sexual/intimate partner 12. The defendant has been involved in a criminal conrt action. 13. Plaintiff and Defendant are the parents of the following minor child/ren: a. STEPHIN DAVID McCWSKEY Age: 2 years old Child's address is: 178 Wyoming Avenue, Enola, P A 17025 14. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. STEPHIN DAVID McCLOSKEY For the past 5 years, this child has lived with: Plaintiff at 178 Wyoming Avenue, Enola, P A, from March 2000, to the present. Plaintiff and her mother, Diane Harren, at 225 State Street, West Fairview, PA, from the child's birth on October 25, 1998, to March 2000. 15. The faets of the most recent incident of abuse are as follows: - - 'i . ~ .':] On about Sunday, January 07, 2001 at approximately 3:00AM location: 178 Wyoming Avenue, Enola, PA, Plaintiff's residence. Defendant broke into Plaintiff's home, refnsed to leave, argued with her, threatened to blow her head off, shoved her against a dresser and against a wall, and took $125.00 out of her dresser drawer. When Plaintiff tried to get the money back from Defeudant, he grabbed her by the neck and squeezed it, shoved her, ripped her shirt, and broke her necklace. Neighbors telephoued the police. Defendaut left Plaintiff's residence before the East Pennsboro Township Police arrived, but telephoned her home while the police were there, and an officer who spoke to Defendant on the phone advised him not to return to Plaintiff's home. 16. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: On or about December 24, 2000, Defeudant came to Plaintiff's residence unannounced and uninvited, aud demanded to see the parties' 2-year-old child, Stephin, and when Plaintiff allowed Defeudant inside to visit with the child, he instead followed her about the house and yelled at her. Defendant grabbed Plaintiff by the arms, shoved her down onto the bed, slapped her face several times, pushed a pillow against her face and tried to suffocate her, and repeatedly spit on her. The East Pennsboro Township Police were called and removed Defendant from Plaintiff's residence. Plaintiff sustained brnising and soreness about her arms and red marks on her face as a result of this incident. On or about September 10, 2000, Defendaut came to Plaintiff's home uninvited and unannounced, entered her residence despite being told not to come in, searched the house, grabbed her by the hair, yeUed at her, called her vile names, spit on her, and pinned her to the bed holding her wrists. When Plaintiff got away from Defendant and telephoned her mother for help, he tried to grab the telephone from her, and unplugged it cutting off the conuection. Defendant punched a ho.le in the door, and threw a lighter at Plaintiff with such force that when she moved to avoid being hit, the lighter struck the wall causiug a hole. When Plaintiff's mother arrived, Defendant left. Plaintiff reported tile incident to the East Pennsboro Township Police. In or about late August/early September 2000, when Plaintiff answered a knock on her door, a man dressed in black wearing a ski mask grabbed her by the neck, tried to pull her outside, and when she resisted and struggled with him, he cut her on her side. Plaintiff shoved the man away, locked the door, and called 911 for help. The East Pennsboro Township Police responded and Plaintiff reported the incident. Although Plaintiff could not see the assailant's face, she told the police that she believed it was Defendant who 'assaulted her because his physical build matched Defendant's and because she recognized the man's hands, which were uot gloved, as Defendant's. No arrest was made. In or about July 2000, Plaintiff mailed a letter to Defendant advising him that he would be considered a defiant trespasser if he came to her residence again. From approximately December 1999, when Plaintiff ended her relationship with Defendant, through the present, Defendant has telephoned her at her residence on almost a daily basis J, .J._" -~. ~P'~; despite being told by her not to call her. On one occasion Defendant telephoned Plaintiff's home over 60 times in one hour. Defendant has also telephoned Plaintiff at her place of employment. In or about late spring/early summer 1999, Defendant broke into Plaintiff's mother's residence where she and the parties' child were living, searched the house, and when he found Plaintiff, he argned with her, and grabbed her head and head-butted her. After he left the residence, Defendant telephoned Plaintiff several times and the calls registered in the caller ill box. Plaintiff telephoned the police for help and reported the incident. Defendant was arrested and charged with trespassing and harassment. In or about February 1999, Defendant shoved Plaintiff to the ground cansing her to break her hand. Plaintiff sought medical attention at Holy Spirit Hospital for treatment of her injury. In or about March 1998, Defendant called Plaintiff vile names, followed her to her mother's house, head-butted Plaintiff, grabbed a knife from the kitchen and tried to cut his wrists, and when Plaintiff's mother told Defendant to leave, he punched the kitchen window breaking it. Defendant slammed Plaintiff against the wall several times, and broke a door. The East Pennsboro Township Police arrested Defendant, and charged him with simple assault and other charges. In or about November 1997, Defendant threatened to jump from a railroad trestlc bridge and kill himself. Defeudant has threatened to kill Plaintiff several times, threated to beat the shit out of her, told her that he prays that something really bad wiD happen to her, and threatened that one day she wiD realize while she is driving that she has no brakes causing her to fear that he will vandalize her vehicle and cause her to have an accident. 17. The Defendant has used, or threatened to use, the following weapon( s) against the Plaintiff or the minor child/ren: a. any and all firearms and weapons, specifically: b. a shotgun. 18. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT LOWER ALLEN TOWNSHIP POLICE DEPARTMENT 19. There is an inunediate and present danger of further abuse from the Defendant. 20. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Costs incurred by Plaintiff not paid by her medical insurance coverage for medical treatment she "~ . , ~ """ ,,,,*,,,,_.,,,,,,,,, required for injnries sbe sustained as a result of Defendant's abuse, and the cost for the repair or replacement of Plaintiff's property damaged or destroyed by Defendant during incidents of abuse. 21. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Award Plaintiff temporary custody of the minor child/ren and place the following restrietions on contact between Defendant and child/ren: Defendant's contact with the parties' minor child is suspended pending further Order after the hearing scheduled in this case. C. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintift's school, business, or place of employment, except as the court may find necessary with respeet to partial custody and! or visitation with the minor child/ren. d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. f Direet Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. g. Order Defendant to pay the costs of this action, including filing and service fees. h Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiff's relatives. Enjoin Defendant from damaging or destroying any property owned solely by Plaintiff. Order Defendant to pay $250.00 to one of MidPenn Legal Services' fnnding sources to pay for the cost of litigating this case. _/ii!~ I "__ ;&~~~h'. I. Grant such other relief as the court deems appropriate. J. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully Submitted by: L. ~- . ~:/ ~y, Att. for PI . . . Agency: MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 --,-'" < -L: ~'i,1 VERIFICA TION I verifY that I am the Petitioner 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: I II U. l (f) I , U1f1:1jJ /" ( RI)});; i ~ ~ ) onya orraine Barninger, PI' . :' , "."" ~ - ',i. ~'iUL. ~lp.Ji " .'. TONYA LORRAINE B~GER, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA :NO.OI- "171 CIVIL TERM WILLIAM JAMES McCLOSKEY, Defendant : PROTECTION FROM ABUSE AND CUSTODY 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 herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evieted from your residence and lose other important rights. Ahearingonthismatterisscheduledonthe ;L/tld day of.: .jJ/'/l/J4An ".2001, at tl-'.JJ kJD., in Courtroom No~, 4th Floor. Cumberland Connty Courtho~use Square, Carlisle, Pennsylvania. 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. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~226S, 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. ~ 2261-2262. You should take this paper to your lawyer at once. You have the right to have 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 help. 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 lawto comply with the Americans with Disabilities Aet 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. .' , , TONYA LORRAINE B~GER, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYL VANIA v. : Civil Action - Law . {I-..- : No. 01- 'I /1 ~ Ih-- WILLIAM JAMES McCLOSKEY, Defendant : Protection From Abuse and : Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: WILLIAM JAMES. McCLOSKEY Defendant's Date of Birth is: January 13, 1981 Defendant's Social Security Number is: 216-98-3169 Name(s) of All protected persons, including Plaintiff and minor children: 1. TONYA LORRAINE BARNINGER AND NOW, on 23rd Day of Jannary, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. - ~ " -r J: >~- .-1 ~ ~ 'iN - 2. Except for such contaet with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person proteeted under this Order, at any location, including but not limited to any contact at Plaintiffs 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 current residence and any other place she may reside during the term of this Order. 178 Wyoming Avenue Enola, P A Plaintiff's place of employment and any other location where sbe may be employed during the term of this Order. Gannett Fleming 207 Senate Avenue, West Bnilding Camp HiD, PA The day care facility of the parties' minor child. Plaintiff's father's residence: David Barninger 24 Nottingham Road Camp Hill, PA PlaintitT's mother's residence: Confidential address 3. Except for such contaet with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant shall not contaet Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. STEPHIN DAVID McCLOSKEY Until the final hearing, all contaet between Defendant and the child/ren shall be limited to the following: Defendant's contact with the parties' minor child is suspended pending further Order after the hearing scheduled in this case. ,'! ~, I. 0_"'_ ~ ~,j' ~&; The local law enforcement agency in the jurisdietion where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 5. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. 1. any and all firearms and weapons, specifically: 2. a shotgun. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 6. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT LOWER ALLEN TOWNSHIP POLICE DEPARTMENT 8. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is direeted to file this Petition and Order without prepayment of costs. 9. TIllS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 23, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY TIllS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT 0:<... _ ~" " ~b.: I] "~~.'~, Defendant is hereby notified that violation of this Order may result in arrest for indireet criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant'sreturn to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.c. S. ~6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 US.c. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdietion over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 5 of this Order, defendant shall be arrested on the charge ofIndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY~ Judge f ?'2,-{) I , Date Distribution to: Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 FAXed & mailed to PSP ;"'_/:ilOO""",.J-'~l!iiili!w~mi-J;.'~Jllii<,JJ$t!j""HT~~m~;;tlli~'-',",,_~,"M'T~o.i~; k\'M,~"h",,,h!,,'K\;,;;l,I"'-~,-'I"- ",,",i";W,;j,if~!1I!iiblM~~iiIiS~1Oli'~~~~~'''''''~"' i "~;a~Al-W'~Ill''\1!I- -11 11 lnm J , ~~ 0 <::> 1..":) C -n s:: .~- "Ocn ". " ,,,,,. mrn 2: ~:,;~;~;_: Z.:D ~~ N (,0 :-_tJ~"< C) ;b' ::;'I' ,;:0 -0 ,,:!:":.,. ?fa :r. (:.....'--u '~~ ~ .. :>8 Y? D"_,Ie: -I", ~ ,,> :J>. N ::D. -< ~-~ . "' . ',,", JI . , .~~:; PFAD Number: YX1l83976J TONYA LORRAINE BARNINGER, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law ; No. 01- '/77 ~ T.......... WILLIAM JAMES McCLOSKEY, Defendant : Protection From Abuse and : Custody PETITION FOR PROTECTION FROM ABUSE 1. PlaintifPs name is: TONYA LORRA1NE BARNINGER 2. I, (the Plaintiff), am fi1ing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. TONYA LORRAINE BARNINGER 4. Plaintiffs Address is: 178 Wyoming Avenue, Enola, PA 17025 s. Defendant's Name is: WILLIAM JAMES McCLOSKEY 6. Defendant is believed to live at the fo11,owing address: unknown. ,<. .. ~-' ~L_ 1 < ," '~"!0J'i . . 7. Defendant's Social Security Number is: 216-98-3169 8. Defendant's Date of Birth is: Jannary 13, 1981 9. Defendant's Place of employment is: Dedicated Delivery Service, 4250 Chambers Hill Road, Harrisburg, PA 17111. 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Parents ofthe same children Cnrrent or former sexual/intimate partner 12. The defendant has been involved in a criminal court action. 13. Plaintiff and Defendant are the parents of the following minor child/ren: a. STEPHIN DAVID McCLOSKEY Age: 2 years old Child's address is: 178 Wyoming Avenue, Enola, PA 17025 14. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years; a. STEPHIN DAVID McCLOSKEY For the past 5 years, this child has lived with: Plaintiff at 178 Wyoming Avenue, Enola, P A, from March 2000, to the present. Plaintiff and her mother, Diane Harren, at 225 State Street. West Fairview, PA, from the child's birth on October 25, 1998, to March 2000. 15. The faets of the most recent incident of abuse are as follows; ,.. ,"-' l", ,. ~ ,'"'.~"- ~~"~ , - ~ -1;2 On about Sunday, January 07, 2001 at approximately 3:00AM location: 178 Wyoming Avenue, Enola, P A, Plaintiff's residence. Defendant broke into Plaintiff's home, refused to leave, a~ed with her, threatened to blow her head off, shoved her against a dresser and against a wall, and took $125.00 out of her dresser drawer. When Plaintiff tried to get the money back from Defendant, he grabbed her by the neck and squeezed it, shoved her, ripped her shirt, and broke her necklace. Neighbors telephoned the police. Defendant left Plaintiff's residence before the East Pennsboro Township Police arrived, but telephoned her home while the police were there, and an officer who spoke to Defendant on the phone advised him not to return to Plaintiff's home. 16. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/reo, (including any threats, injuries, or incidents of stalking) are as follows: On or about December 24, 2000, Defendant came to Plaintiffs residence nnannounced and uninvited, and demanded to see the parties' 2-year-old child, Stephin, and when Plaintiff allowed Defendant inside to visit with the child, he instead fonowed her abont the house and yelled at her. Defendant grabbed Plaintiff by the arms, shoved her down onto the bed, slapped her face several times, pushed a pillow against her face and tried to snffocate her, and repeatedly spit on her. The East Pennsboro Township Police were called and removed Defendant from Plaintiffs residence. Plaintiff sustained brnising and soreness about her arms and red marks on her face as a result of this incident. On or about September 10, 2000, Defendant came to Plaintiff's home uninvited and unannounced, entered her residence despite being told not to come in, searched the honse, grabbed her by the hair, yened at her, called her vile names, spit on her, and pinned her to the bed holding her wrists. When Plaintiff got away from Defendant and telephoned her mother for help, he tried to grab the telephone from her, and unplugged it cutting off the connection. Defendant punched a hole in the door, and threw a lighter at Plaintiff with such force that when she moved to avoid being hit, the lighter struck the wall causing a hole. When Plaintiff's mother arrived, Defendant left. Plaintiff reported the incident to the East Pennsboro Township Police. In or about late August/early September 2000, when Plaintiff answered a knock on her door, a man dressed in black wearing a ski mask grabbed her by the neck, tried to pun her outside, and when she resisted and struggled with him, he cut her on her side. Plaintiff shoved the man away, locked the door, and called 911 for help. The East Pennsboro Township Police responded and Plaintiff reported the incident. Although Plaintiff could not see the assailant's face, she told the police that she believed it was Defendant who assaulted her because his physical build matched Defendant's and because she recognized the man's hands, which were not gloved, as Defendant's. No arrest was made. In or about July 2000, Plaintiff mailed a letter to DefeJ!.dant advising him that he would be considered a defiant trespasser if he came to her residenee again. From approximately December 1999, when Plaintiff ended her relationship with Defendant, through the present, Defendant has telephoned her at her residence on almost a daily basis k " ,--", , -j,j[-;-<~ despite being told by her not to call her. On one occasion Defendant telephoned Plaintiff's home over 60 times in one hour. Defendant has also telephoned Plaintiff at her place of employment. In or about late spring/early summer 1999, Defendant broke into Plaintiff's mother's residence where she and the parties' child were living, searched the house, and when he found Plaintiff, he argued with her, and grabbed he~ head and head-butted her. After he left the residence, Defendant telephoned Plaintiff several times and the calls registered in the caller ill bOL Plaintiff telephoned the police for help and reported the incident. Defendant was arrested and charged with trespassing and harassment. In or about Febrnary 1999, Defendant shoved Plaintiff to the ground causing her to break her hand. Plaintiff sought medical attention at Holy Spirit Hospital for treatment of her injury. In or abont March 1998, Defendant called Plaintiff vile names, followed her to her mother's house, head-butted Plaintiff, grabbed a knife from the kitchen and tried to cut his wrists, and when Plaintiff's mother told Defendant to leave, he punched the kitchen window breaking it. Defendant slammed Plaintiff against the wall several times, and broke a door. The East Pennsboro Township Police arrested Defendant, and charged him with simple assault and other charges. In or about November 1997, Defendant threatened to jump from a railroad trestle bridge and kill himself. Defendant has threatened to kiD Plaintiff several times, threated to beat the shit out of her, told her that he prays that something really bad will happen to her, and threatened that one day she will realize while she is driving that she has no brakes cansing her to fear that he will vandalize her vehicle and cause her to have an accident. 17. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor child/ren: a. any and all firearms and weapons, specifically: b. a shotgnn. 18. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT LOWER ALLEN TOWNSHIP POLICE DEPARTMENT 19. There is an immediate and present danger of further abuse from the Defendant. 20. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Costs incurred by Plaintiff not paid by her medical insurance coverage for medical treatment she ~ " '-",.- , , . , ~_ ~ "L "- T~,;;i required for injuries she sustained as a result of Defendant's abuse, and the cost for the repair or replacement ofPlaintitT's property damaged or destroyed by Defendant during incidents of abuse. 21, FOR THE REASONS SET FORm ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER. and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Defendant's contact with the parties' minor child is suspended pending further Order after the hearing scheduled in this case. c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/reo, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except asthe court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the court may find necessary with respeet to partial custody and/or visitation with the minor child/ren. e. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. f Direet Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. g. Order Defendant to pay the costs of this action, including filing and service fees. h. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiff's relatives. Enjoin Defendant from damaging or destroying any property owned solely by Plaintiff. Order Defendant to pay $250.00 to one of MidPeun Legal Services' funding sources to pay for the cost of litigating this case. ;!.,~~.; -' . l, ..... .. .~ ~~,' 1. Grant such other relief as the court deems appropriate. J. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully Submitted by: L.~. , ~ ~,Att.forPI' . Agency: MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 - ~_-I , ~i i I , I , "' J.Jn~}lt: . '. < VERIFICATION I verifY that I am the Petitioner 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 knowk:!ige. I understand that any false statements are made subjeet to the penalties of 18 Pa.C.S.~4904; relating .. to unsworn falsification to authorities. Dated: 1/ ! u I ro I ~. lJ.1m~/}' lRl1hfJil:d1/1) onya orraine Barninger, PI' . F1LED-()FFICE OF TI i~ tc;;Y""l(i'I'Jnny I J,~. I , 11..' ; I ,..../1 ~1. 1/"1 01 JAN 23 P11 2: 25 I I 1 i I CUMBERLNm COUN1Y . PENNSYLVANiA 6\ 1:'- I -' _ ~. / i j~( I '@ ~ 1 ~: , .^' ~ I I . ~ ~ I I ii 1 I i ~ @,357 ?~i:-().)(~ t., PS,P CUy~ fh~ L.S, (, 'V. ~ c~,v, ~cf)I0J\1 3i~ b ~<M1~ l'S, ""B. ~ ~0-.b."~ 0 \- Cf f e., Ve.~ -t- . -~iIf'-~" - ,,;.. _'1; i~ ',- l\1.c'!i: , . C , TONY A LORRAINE BARNINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-477 CIVIL TERM WILLIAM JAMES McCLOSKEY, Defendant : PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE Plaintiff, Tonya Lorraine Barninger, by and through her attorney, Joan Carey ofMidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on January 23,2001, scheduling a hearing for February 2,2001, at 9:30 a.m. 2. The Cumberland County Sheriffs Department deputized the Dauphin County Sheriff s Department who served Defendant with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse on January 26, 2001, at his place of employment at Dedicated Delivery Service 4250 Chambers Hill Road, Harrisburg, P A. 3. On February 1, 2001, Defendant indicated to MidPenn Legal Services staff that he did not desire representation in this matter and wanted to settle the case. 4. The parties agree that the hearing be rescheduled to facilitate settlement of the case. s. Plaintiff requests that the Temporary Protection From Abuse Order remain in effeet for a period of 18 months from the date it was entered, through July 23, 2002, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Proteetion From Abuse Order remain in effect for a period of 18 - .' ~ . , :"i,_ . ~ :...... ~.iI months from the date it was entered, through July 23, 2002, or until further Order of Court, whichever comes first. Carey, Attorney fur MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 '1!~ "~, (Jf?).'{}:FfCE \.1' I"~ .'. '-""./r''':l'''~DY . ',~ , -" 'J '. ~"_ f/.lIl OJ FEB ~q p,\ ~l' J ,. ... . . '.40 CII"1~'r',-" .... vii '-L:tILA/\/ ) COUl 71' PENNSVLhW/A v I i I i I . -~ . ~ ~ :~ , ij -~ ~i :J ~ , ' ~ ~ ~ @ . "" ~ ~ ~ i ~ -1j ;~ I ~ ul I ~ ~, _" I ; ,,,:;, - -j TONY A LORRAINE BARNlNGER.. : IN THE COURT OF COMMON PLEAS OF Plaintiff '.. '; II . '. \; . ..,( -'. : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-477 CIVIL TERM WILLIAM JAMES McCLOSKEY, Defendant : PROTECTION FROM ABUSE AND CUSTODY O~R FOR~ONTINUANCE AND NOW, this ( J... day of February, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on February 2, 2001, at 9:30 a.m. by this Court's Order ofJanuary 23,2001, is hereby rescheduled for hearing on Monday, February 26,2001, at 2:30 p.m. in Courtroom No.3 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through July 23, 2002, or until further Order of Court, whichever comes first. By the Court, . H_, P ""'" '?: ~ ,0" C? {)~\'I' Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 William James McCloskey, Defendant c/o Dedicated Delivery Service 4250 Chambers Hill Road Harrisburg, P A 17111 :w.'" .' ~~ 0_ ~= ~, Wtl~[,fl~ <Jl~ \1. t Q \1" t.\.; ~,., \ ') \ <:1.'1')' ',>0 "\1'- U , ,..,....J , ,^,' '.';:." (",\ )lv),,<1 \ ',1'.'--\ "'" ) '.i..... C\jN\~E.~Ns~LIJI\\'\\?\ ':' ~".,.,-I$~~~_'~jiifl!l>~~IJ'Itj1i(1l'!l.i#:f~'~~~t<+.,~~;;;!",~~"ti;",';""',",""-;);,Oa'~V:"~'''''f'''-~'J.fj'~_''''1I91~'IID~1Mj!';li"j'O~'''''i;p'-mi\l!"_''w~~~~~'!!!Il~ ~- - ~.. -" - ~ ~ 0.'"., _ -;ili,;, SHERIFF'S RETURN - OUT OF COUNTY l' CASE NO: 2001-00477 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARMOMGER TONYA LORRAINE VS MCCLOSKEY WILLIAM JAMES R. nlOmas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MCCLOSKEY WILLIAM JAMES but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN COUNTY serve the within PROTECTION FROM ABUSE County, Pennsylvania, to On February 2nd, 2001 , this office was in receipt of the attached return from DAUPHIN COUNTY Sheriff's Costs: Docketing Out of County Surcharge .00 .00 .00 .00 .00 .00 00/00/0000 s~g~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 5'~ day of J~ .:)1"';1 A.D. 0~ [J JrwL ..~ Prothonotary" '-, ' 'f. , _.~ ~~, ~ " ~'"'''I'''''''''..-.'~ _>oj -'~ .' ~~ ~ '" " ~ "-":,,' In The Court of Common Pleas of Cumberland County, Pennsylvania Tanya Lorraine Barninger . VS. William James McCloskey No. 01-477 Civil Now, 1/24/01 ,20 (I (J , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . u/. .:At. .' . r~~R Sheriff of Cumberland County, P A Confiscate Weapons & Contact Cumberland Co. Sheriff to arrange .transfer Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy ofthe original and made Imown to the contents thereof. So answers, Sheriff of County, P A 20 '- COSTS SERVICE MILEAGE AFFIDAVTT $ Sworn and subscribed before me this day of $ '" ~,,~ ' L"" ". . "'.. ~. 'iJ.: .' . . . @ffite of tltc ~1rcriff William T. Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 1710l ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania BARNINGER TONYA LORRAINE vs County of Dauphin MCCLOSKEY WILLIAM JAMES Sheriff's Return No. 0208-T - -2001 OTHER COUNTY NO. 01-477 AND NOW: January 26, 2001 at 5:18AM served the within PFA & CUSTODY NOTICE OF HEARING & ORDER upon MCCLOSKEY WILLIAM JAMES by personally handing to HIM 1 true attested copy (ies) of the original PFA & CUSTODY NOTICE OF HEARING & ORDER and making known to him/her the contents thereof at POE: DEDICATED DELIVERY SERVICE 7:30/7PM 4250 CHAMBERS HILL RD. HARRISBURG, PA 17111-0000 DEFENDANT WAS NOTIFIED OF BEING EXCLUDED FROM 178 WYOMING AVE., ENOLA, PA NOTIFIED NO CONTACT WITH MINOR CHILD UNTIL FINAL OUTCOME OF HEARING. STATES HE HAS NO WEAPONS OR PERMIT. Sworn and subscribed to So Answers, Jf~ before me this 29TH day of JANUARY, 2001 C!-. ~aWu0 PROTHONOTARY Sher~DauPhin County, :a. 'y J~o~h- Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO QUIGLEY ! ~lJ~3/01 'ruE 15:57 FAX 717 240 6573 . , -----------~- CVMll CO PROTHONOTARY ~OOl ***as****$$**************** u* MULTI TN REPORT *** *************************** TX/RX NO INCOMP[~TE TX/RX TRANSACtION OK 2415 IlRROR [ OlJ9p2405331 I 03J9p2438026 I 04 J 92490779 CENTRAL PROCESS LIlGAL SERVICES PSP ..-..-----... , OFFICE Of 'l1fE PROTHQN:)'TAR'i CUMBERLAND (;(XJmY CXlURTHOOSE ONE ca:JRTHOOSe SQUARE CARLISLE, PA. 17013-3387 TO: ~,JnJ P(IXV5d1j L.'7Jo.l ~J;~ PA STATE POLICE (717) 240-6195 FAX (717) 240-6573 VIA 'fELECOl"..LJ:;..E fAX ~: 717-249-0779 ~'RO'1 , CURTIS R. LONG RE: PFA ORDERS MES..."A<3E : .--1..- NO. OF PJ\.GES (INc:WDING '-"OVER SHEET) This ~ is intJ1ni!d cnly fi:r t:re use cf tte irdiv'it1Jal cr. enti1;y to .rom :is. is e'.1. : ;j, at:! l1'"'i ccntain infoInatiO'l ttm is (:tiv:lli!grl. cmf:i.dential <I'd e>!l3TJ;t fron Oi,,",lC'Slll:e U'di!r ~1 ;<'eh1p. laN. Ii' tin rerrlet:' of this ~ .is rot ti-e inta<:k< re::i.pienf;. }Ul are \-el:8::y rotifial that <rrt disBMtin3bm.. . --.'--- ..... >-h'q mmuti=tia> .u. strictJ,y prlribi.lEd. If}Ul ~ ra::.ei~ !:!us - . 1oL.... ..................ruII) t11l::.lII,",.~ to- \.S at '. I ~ , ." ." .>,'.,.' , .< '-"':~: , V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA I I I I I I I I I I CRIMINAL TERM COMMONWEALTH CONSENT TO REPRESENTATION BY CERTIFIED LEGAL INTERN I CONSENT TO BE REPRESENTED BY P-ob'l(\ Ma.(CA~Ia.... A CERTIFIED LEGAL INTERN, IN THE ABOVE-CAPTIONED CASE. .' '2-2Jo-o\ (Date) JNJJ;~C~ Client's Name I APPROVE THE REPRESENTATION OF THE ABOVE-NAMED CLIENT BY THE ABOVE-NAMED CERTIFIED LEGAL INTERN. TAYLOR P. ANDREWS, ESQUIRE SUPERVISING ATTORNEY d~ ( ate) Criminal Court Consent Form . . . ,~ -^" '-. ~'tW'" TONYALORRAINE BARNINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. WILLIAM JAMES McCLOSKEY, Pefendant 01-0477 CIVIL TERM IN RE: BAIL ORDER OF COURT AND NOW, thi s 23 rd day of February, 2001, the Defendant, William James McCloskey, having appeared in opeh court today with the Public Defender, Jessica B. Rhoades; Esquire, and the Court being requested to fix bail for the Defendant's appearance to answer on the criminal complaint, we do fix bail in the amount of $500.00 cash or professional bond and direct the Defendant to appear for hearing on this matter on Monday, February 26, 2001, at 2:30 p.m., in Courtroom No.3. By the Court, Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Jessica B. Rhoades, Esquire Assistant Public Defender Probation Sheriff CCP Victim - Witness srs - - ~^= 'j' "' ~ L "-Tl~r;v ,Ir-,li] (i f F;::-:~ ? ~~ ~), L.o' ,~" v "-'" ',".,-; ') j f' " hi I r'U;i1/:L'-;~-'i_:; ,'. ..-\'-,: 1\ r1"" V 1',.1....,'--. ,,-,'-, '.,_".j\.)l\il '{ PEN;\SYLV/\Nl/\ ~n,?_ ,. .,~_ ,_ ,I!!'\ft!i!i 'jl~J!!ilIl!!_~ !" -~ . .".- ,~.",,, '__='_~ '_'___"~'~_"""' "~~__".~,, ~'.._,~>~rl___. n ., '." ~61~t;llW~~-lI'~~~'_"'~7 ~ ",,!~f,_i!t~~~-l"'r , ~ " , I.. _J. TONY A LORRAINE BARNINGER, Plaintiff : In the Court of Common Pleas of v. : CUMBERLAND County, : PENNSYL VANIA : : No. 01-477 Civil Action WILLIAM JAMES McCLOSKEY, Defendant : Protection From Abuse and : Custody FINAL ORDER OF COURT Defendant's Name is: WILLIAM JAMES MC;CLOSKEY Defendant's Date of Birth is: January 13. 1981 Defendant's Social Security Number is: 216-98-3169 Name(s) of All proteeted persons, including Plaintiff and minor children: 1. TONYA LORRAINE BARNINGER AND NOW, tbis 26th Day of February, 2001 the court having jurisdiction over the parties and the subjeet-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Tonya Lorraine Barninger, is represented by Joan Carey ofMidPenn Legal Services; Defendant, William James McCloskey, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing'to the terms of tbis Order, does not admit the allegations made in the Petition. . Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other proteeted person in any place where they might be found. .. 1 _;",~~Ii'",-_' _1ilil>l.I_ 6 2. Except as proVided in Paragraph 4 of this Order, Defendant is prohibited from . having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contaet at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's cnrrent residence and any other place she may reside during the term of this Order: 178 Wyoming Avenue, Enola, PA Plaintiff's place of employment and any other location where she may be employed during the term of this Order: Gannett Fleming 207 Senate Avenue, West Building Camp Hill, PA The child care facility of the parties' minor child, wherever that may be. The residence of David Barninger, Plaintiff's father: 24 Nottingham Road, Camp Hill, P A The residence of Plaintiff's mother: Confulential address 3. Except as provided in Paragraph 4 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Custody of the following minor children: I. STEPHIN DA'VID McCLOSKEY shall be as follows: . Primary physical custody of the minor child/ren is awarded to the Plaintiff. . Defendant shall have supervised visitation with the parties' minor child under the supervision of Kimberley McCloskey, his sister, at her home located at 419 Fairview Street, West Fairview, PA. Defendant shall communicate with Kimberley McCloskey to arrange supervised visits with the child. ,-' ~ ~~- '......--'<i; ,,,,,",,'"" ~ . 1-. ~~ ~.tIJ,;~"~W . 5. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an aet of abuse against Plaintiff and/or the minor children. 1. auy and aU firearms and weapons, specifically: 2. a shotgun. 6. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. The Defendant has 30 days after expirations of this order to petition the Court for return of confiscated weapons. 7. The following additional relief is granted as authorized by ~6108 of the Aet: Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. The court costs and fees are waived. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT LOWER ALLEN TOWNSHIP POLICE DEPARTMENT 9. TIllS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. All provisions of this order shall expire on: August 26, 2002 -^-- ,~ ~ .~- ~~;;-" . NOTICE TO THE DEFENDANT VIOLATION OF TIllS 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 PAC.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. TIllS ORDER IS ENFORCEABLE IN ALL FIFTY (SO) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER TIIE VIOLENCE AGAINST WOMEN ACT, 18 US,C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TIllS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.s.C ~~2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENAL TIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 US.C. ~922(G),FORPOSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a. violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Pllragraphs 1 through 6 of this order may be without warrant, based soley on prob~ble cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to 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 the defendant is placed under arrest for violation of this order, the 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 the plaintiff. Plaintiffs presence and signature are not required to me the comp1aint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. ~~-," ,- . m ,I ..,j-'. ~''- "n~~',,3 If entered pursuant to the consent of Plaintiff and Defendant: arey, Attorney 'dPenn Legal Servi s 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 Distribution to: MidPenrt Legal Services William James McCloskey, Defendant c/o Dedicated Delivery Service 4250 Chambers Hill Road Harrisburg, PA 170111 FAXed and maileg to PSP (\ _ (1 Co~f~ r[~ ~ U2t. P.d'B'~ol I" : :~-:'-!C:/~lY Ul FES 28 pn 3: ~~5 CUiv,<;"! _ ()::;'UN-r{ PEi\l~~SYLV~NIA I ; I I I '~ , ~ .~ t -}J . ~ ~! E 1 I ; ~ li I 1 -~ ~ ;j t~ r.' ,l'j ~ " ~ j ;~ ~ ~ , '" ,", ~ "~~ "' -. "_ ~ _l_ "i'M' TONY A LORRAINE BARNINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-477 CIVIL TERM WILLIAM JAMES McCLOSKEY, Defendant : PROTECTION FROM ABUSE AND CUSTODY ~USTODY ORDER AND NOW, thi~ day of February, 2001, the following Order is entered by consent of the parties with regard to custody of the parties' child, Stephin David McCloskey, DOB: 10/25/1998. 1. Plaintiff, hereinafter referred to as the mother, shall have physical and legal custody of the child. 2. Defendant, hereinafter referred to as the father, shall have supervised visitation with the parties' minor child under the supervision of Kimberley McCloskey, his sister, at her home located at 419 Fairview Street, West Fairview, PA. 3. The father shall communicate with Kimberley McCloskey to arrange supervised visits with the child. 4. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effeet until further Order of Court. This Order is entered pursuant to the consent of Plaintiff c.1mfiCJ. L/9 CL \ -?1 AWA_/ nya . Barninger, Plainti ",_.,' ~'O,c~~ , . '. CC -,f '':- ',. -,. 01FE32:J pn3~35 Ci p, f~, >.;.:::.; " ,t',,',,; ;"iTY \";1',.1_"'" ,1..,: ,.}~jUi\' I PEI~i\SYlS(\N\!\ FiW- te- ~OM € LS. ; rl~~!NOA ~~, told ~ MoJJ1 f6 P. sf'. r3 ifs () \ f" \,(k,li1\~ t~' w,.; e " 4\) 1 f~ VP- ',..........'" "d -,--,-- . . . . *************************** u* MULTI TN REPORT *** *************************** , " 1". ':- , \ t \ 1,'; '. .' , \~;;' 02/28/01 WED 16:01 FAX 717 240 6573 CUlIIB CO PROTHONOTARY TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2482 I 01l9p2405331 I 03]9p2438026 I 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR y ~ Of'PICE OF 'mE PRarHCN:l1'N!Y C1JMBERLAND CXXJNn' O')UR'IHOOSE ONE CXllJRWOOSE SQUARE CARLIS~E. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VIA TELf.:COPIEll FAX #; 717-249-0779 e'eN-t P~oCeSSi~j ,[\1\ r. LeI" I ~C.( III"c.u "; TO: P1\ STATE pOLICE F'llCH : CURTIS R. LONG RE: PFA ORDERS MESSAGE : ~ x 00. OF PAGES (I~LUOING lXJVER SHEET) 'Ih:is " . . """}' is iuleld:d rnly fir ttE use of trn irrliv.idH1lX ati~ to..rom is is ..1l1 " -l,.;I'd ney o:ntain infmrert:iaI t:h3t is p:i~. anfid=ntial cni ecmp; fmn rli....,IrAJrB lIIk" 'WH.........1A Ja./. If tte ~ of this II "'1" is rot; tIE inlBT.16:1 n;cipimt. )O..l are terebi rotified ttat inf d,i$Emir>3l:iffi. distcil:>..rt:i cr ~ of this anm.nicatiO"l i\l strictly prd'Iibit:e:l. If \oO.l h!I.e te:ciwd tJu$ o::nmnir.r...io"t in er:J:.'OC. pleeee ~ u:; :imre:liately ~ tel.e[:h:re em ret;um I;le odgiral" :T]' to t.& i!l !..ii'_ I " "'" " I , ~' 1 ,I' '1, i___, " Li-I i I I I I , I ! 1;, . TONYA LORRAINE BARNINGER, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 01-0477 CIVIL TERM WILLIAM JAMES MCCLOSKEY, Defendant PROTECTION FROM ABUSE & CUSTODY IN RE: PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 26th day of February, 2001, after hearing and consideration of the testimony presented, the Court does find that we have a reasonable doubt, and consequently we find the allegation not made out. By the Court, Jonathan R. Birbeck, Esquire Assistant District Attorney Sheriff _# \ Vr oo/oI~~ Robin Marable, Certified Legal Jessica Rhoades, Esquire Office of the Public Defender Intern Probation Victim Witness :mae , .JilIIiI!_~~I~I!&IliI~}$Ii~I.'rl""il'HiOOlri:;j)jO"~~rMl{ ,-Mbit ~ ".~ .'- .,. , """~"".~-,. G::> Co': i:= :z:: ,^~~ -==~ ~:-:: ,:< ~".' ~:. co :) ~:J . ?- -,:.f) C' i~:~:' ~-'.j,_U '~~-l Ci- ...:"~ U C~) ,--,~ .~ "~ . ~. . , ? - f-mllUr LI ._~~ -'- i-il. ., .,d_"- ;c. ": CERTIFICATION OF BAIL AND DISCHARGE OTN COMMONWEALTH VS (DEFT NAME AND ADDRESS) Willi_ JaRES McCLa;KEY 124 IJnton Hill Road o ROR (No surety) 0 NORMAL BAIL o BAIL (Total amount set, if any) $ o Conditions of Release (aside from appearing at court when required:) No contact with victim whatsoever. Deft to appearM:mday. 2/26/01 at 2:30 I'M in Ccn.u.l.Luun 3 for hearing. (attach addendum, if necessary) o Cash in full amount of bail o Percentage cash bail o Money furnished by o Defendant o 3,dp x Sure JUDGE OR ISSUING AUTIlORITY E. Hoffer. P.J. APPEARANCE OR BAIL BOND nus BOND IS VALID FOR TIlE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF TIlE CASE INCLUDING FINAL DISPOSmON OF ANY PEITITON FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF TIlE UNITED STATES. , ";"1 "_ <'0< -,. C'. -"'", -'!iil I POLlCE CASE NO. DJ. NO. 01-477 Civil Tenn CHARGE (S): DATE OF CHARGE(S) Indirect Crimina1 Contempt of a !>FA Order NEXT COURT ACTION TO, iii DETENTION CENTER 0 OTIlER I Hereby certify that sufficient bail has been entered cf By the defendant ~ On behalf of the deft by' Vivian I. Rockey (Name & Address of Surety) (License No.) . Refund of cash bail will be made within 20 days after fInal disposition. (Pa.R. Cr.PAO l5( a) . Refund of all other types of bail will be made promptly after 20 days following fmal dispositiop.. (pa.R.Cr.PAOI5(a) . Bring Cash Bail Receiptto Clerk of Courts DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED. Given under my hand and the Official Seal of this Court This 23rd Feb. .20 01 _ WE, THE UNDERSIGNED, defendant and surety, our seccessors, heirs and assigns, are jointly and severally Bound to pay to the commonwealth of Pennsylvania The sum of Five Hl.lndJ:ID dollars ($ 500.00 ). SEE REVERSE SIDE FOR BAIL CONDITIONS I ACKNOWLEDGE THAT I AM LEGALLY RESPONSffiLE FOR TIlE FULL AMOUNT OF THE BAIL. The following acknowledgement is also All 7/ 'J AA,CI 0 Applicable if Percentage Cash Bail is used. JW~ - 'V'~)\b.1 / (SEAL) THlS BOND SIGNED ON Feb:U3. .2<01 ~~TURE.O D. D V At rRrli"l.. Pennsylvania. r J (SEAL) SigIled and acknowledged before me this. Bail Agency, Or private individual or org . tio .) Except when 23m. day of , 20 01 defendant is released on his own recognizance (ROR), this must be signed in all bail situations, including ~ nominal bail. () ADDRESS OF SURETY, SURETY CO. OR DEFENDANT Surety No. or Professioual Bondsman License No. & Expiration Date , tk-~.~I-'~'=- ~ . -- - ,:f,~' TONYAB~GER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V AN1A V. : NO. 01-477 CIVIL TERM WILLIAM McCLOSKEY, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ,f(ORDER OF COURT AND NOW, this ~ day of JANUARY, 2002 this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. In consideration ofthe attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, WILLIAM JAMES McCLOSKEY. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. 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. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the ourt, PJ. Jonathan R Birbeck Chief Deputy District Attorney WILLIAM McCLOSKEY CQP'I~ -fbl';5()DJ!yQ~{NU tc .. :1)1\5 &~~.{A) J/d.-/IYJ- ",,~!iI!!I~~J,do'.K~J!<'\i'-""~," ''''If,billd~!~t';ll;:;,,jl'ii'll;I,ib;'''';'''i;,;.liJ'~~FN,,t,~cj;j'','J~. .;:~k!< ,'~4!('~';"""i;_"',~\':";i..'i<f*...,4!!litil,'1!@~I#~iliOi.'iJ>..0iI~~~~im~~r~"'-' '"'UlIlII_"""-~~'-! ~ rlfHilltl,_illl' o c ~ -ofii 81fT-; 2-:("'; t3t ~2~;. p 70 ;::;0 c: 2: ::< ~~ - -~"- o (-.) o t'....) ~ ,"- ~ - ~'- ,~O;'f2 .: ~!;:;J ~lt ~ ::u -<: I N :c. -"- - I ~n~'''''''~''i'''~ . ~"'~"---'7'~" ~~~~,.:1ili'l"~'-0' TONYAB~GER, Plaintiff :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. 01-477 CIVIL TERM WILLIAM McCLOSKEY, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OFINDIRECTCRThITNALCONTEMPT 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. s. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. ~ 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. ~ 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. "~~~ - r .' I ,.- -~~- -_."O~ Dee 30 01 1~:53a. EAST PENNSBORO ,POLI~E p.5 COMMONWEALTH OF PENNSYLVANIA C10UN'T'YOF: C'IJni:ler~ M3nlovc POLICE CRIMINAL COMPLAINT : 1901 State Street Canp Hill, ]?a 17011 COMMONWEALTH OF PENNsYLVANIA VS. T.l~: {717} 761-0583 DEFENDAN'l': r NAME and ADDRESS ~ \UlMES MCCWSREY 124 LI:N'lX:N HILL DRlVE ~,I?A -, L -1 tIs ~hicity Itllte 0 As;.., 0 Black o HI"",it 0 Hative Pm!rleM 0 i.H<raon 's A.K.A.(.I.. "0) Defen:Bttls Socia SB:::tJiity NuJb!r tit\.- $10 216-98-3169 's Drwerls: LfCCfti;e t4I.nber ...te """,laint/lncl<lont ....Ii>or if ether Partf.lrows 2001-12-515 Office of the Attorney for the Commonwealth n Approved n Disapproved because; (1lIe ott"":ef for 1:tIe CammIeolth ""y req>lre that 1:tIe ~nt, arrest ~.ffidovit, er beth be ~ 17( the a"""",,>, 10r t1\e ~ltl1 ~1or to flLing. Pa~R_C:r-P_ 1in7.) (NBIE! Of Attol'11eY tor ~Lm - Please fo'r1nt or 1)1l8) (5~nwre Of Anomey tor \oNIllIftA.elttl) (uate) r. 1600 (Offi.... IladQe H<JIbar/I.D.) of visl",) I?A0210300 (Pol;", P&fn::y au NtIIber) (0"."1111:;1'1I /I<;JfIry Case 1. IX! I accuse t.he above named defendant, who lives at the address set forth above o I accuse lU' defemlanl whose name is Ullknown to me but who Is described all o I accuse the defendant whose name and popular designation Or nickname is unknown to me and whom I have therefore designated 01$ Juhn Doe with violating the penal laws of the Commonwealth of Pennsylvania at 94 FRCNl' S'IilEET WEST F.AIRIIII!W PENNS'iLVANTA (PI"""poI,.,,,,,\ &.lxIivl.la'\) in Cumberland Coun1;y on orabout ~ 15 ro 29 . ;aOOl Participants were: (if there werll participants, place their names here, repeating the name of the above defendant) WILLIAN ~ II'BXLOSl(EY 2. Tho IU!ts committod by the accused wore: '!he ~ violated the I'ROI'EICl'ION F.Rl:M lIl3USE 0llDE:R I/- 01-477 Civil 2001, issued an FEE!R\JARY 26, 2001, by the Hanor.lb1e .:Judge GeOrg'e E. Hoffer, to \'lIT: '!he defendant was ordered to stay away ftan the residence and to refrain fran ha:rassing or ctalk:i:1g the victim, 'IONYA ~ BI'IRNIl'IC3I!:. Jl.l. llle listed. residenCe or a~ wl.1ere ever sbe is staying. 'I1:le bEFENCI\NT did 1tBke appr<>>tin'4te1 y 200 teleJ?llOlle <.:t:lb ( SCIl1I3 tJ:aOed ) to tile residence of 'IrnYA ~ in violation of this oWer. P/7IC 412A'(4101)(~i",) 1-3 ;l~-' ~ ~" " .,L-.,-~ , . "iIf~ D~c 30 01 11:53a , . EAST PENNSBORO POLI~E p.s Docket Number: poueE CRIMINAL COMPLAINT Defendant Name: WILLIAN .;mvIE'S M;:'CWSKEY IlIl of which were against the peace and dignity of the Commonwealth of Pennsylvania and contraIy to the Act of Assembly, odn violation of ,. of tho (Section) (Sub..o,;on) (PA Statute) (coUhU) G. of the (S.o,ion) (SUbseotion) (PA Statute) (COUI'ItSJ 3. of ,h. (Section) (SUbsection) CPA statute) (counb) 4. 6114 of ,h. Title 23 1 (Sec,ion) (Subsl'!ction) CPA statute) (oounts) 3, I ask that a warrant of arrest or a summOD$ be issued and that the defendant be required to answer the charges I have made. (In order for a WlImIJlt of anest to Issue, the atlBched alJidavit of probable IllllBl m'llllt be eompIeted and sworn to before the is&uiDg 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 Code( 18 P A. C.S. S 4904) relating to unsworn falsification to alltl1oritles. . d fltfJ/l.AL .3/ ,:MOl ~ ., i$;.(;f'JAJ. AND NOW, on this date , I certllY the complaint has been properly completed and verified. An afiidaVlt of probable cause must be com"jireteQ in order for a warrant to isS1le. --"(MfigfstertaL' IHStrlC't) AOPC 412-(4/96B)(reproduo,ian) SEAL us,5Ulng ftUthtJl"lly) 2-3 ,J' _~=.c. .~.~ ._, - .1 ~-:;:, ~eo 30 01 11:53a EAST PENNSBORO POLICE p.8 Cbrnp./Inc. NO. 2001-12-~1~ Kr 10:OOAM 29 1>ECEMlER 2001 AWIl-\NT HAD A ~ CCB.'WERSATICN WITH 'ltNY1\. L. B!\RNlN.3ER WHO EXPLl\INED '!HAT SI:IE lll\D A "'FA ISSUED MlUNST HER EX-8JYIl'RIEW WILUIl\M ~. HE IS 00l' 'lO EOlHER OR HA'AASS HER IN ANY ~ IS 'ID M!l.KE COl'1:l\CI' WITH HER FA.nlER IN Rm!\RDS '10 'lHEIR Mll'ltJAL OON. IN '!HE P1\ST 'IWJ WEEKS, ~ HllE MADE NU>lEROOS ~ CI\LIS 'lO HER RESIDENCE. SClIlE HAVE BRl?N TRl\CED 'lHRCUit THE (*) S'mR 57 FEAIDRE. SHE ESTIM!\TED nw fIE 1\S MlIDE AS Ml\NY AS 200 CALLS WI'lHIN 'lHIS TlMIl:. SHE IS c:t:m'lNlJ:Im 'lO TRACE AND I<EEP LOGS OF '!HE CALlS. AFFIDAVIT of PROBABLE CAUSE POLICE CRIMINAL COMPLAINT Defendant Name: l'lIUilllM .m.ms r-m.osKEY Docket Number: 1, ~5{f'~t7N i-- R~('a ,BElNODULYSWOBNACCOIIDINGTO LAW, D AND :YTHAT 'l'IIE FACTS SET FORTHIN' THE FOREGOINGAFFIDAVlT ARE TRUE AND CO~ TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. ~,~~ Sworn to me and subscribed before m. this day of '-' Date , District Justice My commission expires first Monday of January, _' SEAL AOPC 412C-(11/24I99l(reproductionl 3-3 - . .." ...- I" ,. liild;/ai~?f TONYA LORRAINE B~GER, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, v. : PENNSYLVANIA : No. 01-477 Civil Action WILLIAM JAMES McCLOSKEY , Defendant : Protection From Abuse and : Custody FINAL ORDER OF COURT Defendant's Name is: WILLIAM JAMES MI:CLOSKEY Defendant's Date of Birth is: January 13, 1981 Defendant's Social Security Number is: 216-98-3169 Name(s) of All protected persol1s, including Plaintiff and minor children: 1. TONYA LORRAINE BARNINGER AND NOW, this 26th Day of Fehruary, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Tonya Lorraine Barninger, is represented by Joan Carey of MidPenn Legal Services; Defendant, William James McCloskey, is unrepresen~ed, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. . Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other proteeted person in any place where they might be found. ''''' -"'" . ~ .., l' 2. Except as provided in Paragraph 4 of this Order, Defendant is prohibited from . having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contaet at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away . from the following locations for the duration of this order. Plaintil:1's current residence and any other place she may reside during the term of this Order: 178 Wyoming Avenue, Enola, P A Plaintiff's place of employment and any other location where she may be employed during the term of this Order: Gannett Fleming 207 Senate Avenue, West Building Camp Hill, PA The child care facility of the parties' minor child, wherever that may be. The residence of David Barninger, Plaintiff's father: 24 Nottingham Road, Camp Hill, P A The residence ofPlaintitT's mother: Confidential address 3. Except as provided in Paragraph 4 of this Order, Defendant shall not contact the Plaintiff,. or any other person protected under this Order, by telephone or by any other means, inCluding through third persons. 4. Custody of the following minor children: 1. STEPHIN DA'VID McCLOSKEY sha1I be as follows: . Primary physical custody of the minor child/ren is awarded to the Plaintiff. . Defendant shall have supervised visitation with the parties' minor child under the supervision of Kimberley McCloskey, his sister, at her home located at 419 Fairview Street, West Fairview, PA. Defendant shall communicate with Kimberley McCloskey to arrange supervised visits with the child. "~ '" ~' I.. - <'.jf6~f- 5. Defendant shall immediately turn over to the Sheriffs Office or to a local law . , enforcement agency for delivery to the Sheriffs Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an aet of abuse against Plaintiff and/or the minor children. 1. . auy and all firearms and weapons, specifically: 2. a shotgun. 6. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. The Defendant has 30 days after expirations of this order to petition the Court for return of confiscated weapons. 7. The following additional relief is granted as authorized by~6108 of the Act: Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. The court costs and fees are waived. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT LOWER ALLEN TOWNSHIP POLICE DEPARTMENT 9. THIS ORDER SUPERSEDES: L ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO ClllLD CUSTODY 10. All provisions of this order shall expire on: August 26, 2002 1!F"~"""'" - . I ". ~ - NOTICE TO THE DEFENDANT VIOLATION OF TIllS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WIDeH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6I14. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRTh1INALPENALTIES UNDER THE PENNSYLVANIA . CRIMES CODE. TIllS ORDER IS ENFORCEABLE IN ALL FIFTY (SO) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, US. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~226S. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TIllS ORDER YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 US.C. g922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce . this order. An arrest for violation of PiU'agraphs 1 through 6 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to 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 Sberiff's Department shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shaI1 be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indireet Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. ',;i If entered pursuant to the consent of Plaintiff and Defendant: t Judge arey, Attorney Plaintiff . dPenn Legal Servi s 8 Irvine Row, Carlisle, P A 17013 (717) 243c9400 Distribution to: MidPenrt Legal Services William James McCloskey, Defendant c/o Dedicated Delivery Service 4250 Chambers Hill Road Harrisburg, PA 170111 FAXed and mailed to PSP ~""~ .c' mit:'J!<: TONYALO~ B~GER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-477 CIVIL TERM WILLIAM JAMES McCLOSKEY, Defendant : PROTECTION FROM ABUSE AND CUSTODY ~USTODY ORDER AND NOW, thi~ day of February, 2001, the following Order is entered by consent of the parties with regard to custody ofthe parties' child, Stephin David McCloskey, DOB: 10/25/1998. I. Plaintiff, hereinafter referred to as the mother, shall have physical and legal custody of the child. 2. Defendant, hereinafter referred to as the father, shall have supervised visitation with the parties' minor child under the supervision of Kimberley McCloskey, his sister, at her home located at 419 Fairview Street, West Fairview, P A. 3. The father shall communicate with Kimberley McCloskey to arrange supervised visits with the child. 4. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further Order of Court. This Order is entered pursuant to the consent of Plaintiff c1miio.. L8.(J, \ /111 J(1f/l_/ nya rr Barmnger, Plam " . I ,- - ~,~ COMMONWEALTH OF PENNSYLVANIA) SS: OCA: COUNTY OF CUMBERLANlD ) TO: R. Thomas Kline, Sheriff, or any duly authorized law enforcement officer. RE: William James McCloskey 124 Linton Hill Drive Duncannon, PA 17020 DOB: 1/13/1981 SEX: M HT: 5'11" WT: 180lbs EYES: Brown FBI: 299511 MB4 RACE: White DOCKET #: 01-477 CIVIL HAIR: Brown SSN: 216-98-3169 OLN: PA SID: 285-17-90-4 OTN: VIOLATION OF INDIRECT CRIMINAL CONTEMPT WHEREAS, the above-named defendant allegedly violated his protection from abuse order on December 15-29, 2001, the indirect criminal contempt was filed by Cpl. Stephan Resser of the East Pennsboro Township Police Department. WHEREAS, this Court on January 2, 2002, directed a Arrest Warrant be issued for the apprehension of the defendant. This is therefore to command you to arrest the defendant above and bring him/her before at Carlisle, Pennsylvania, without unnecessary delay to be dealt with according to law. WITNESS the undersigned Judge, at Carlisle, this 2nd day of January, A.D., 2002. lsf G~H~ffe~ P.J. ATTEST: . PROTHO (SEAL) ,"~ 1-- -.--~- " -~~ ,-" [-I TONYA LORRAINE BARNINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V 01-477 CIVIL ACTION WILLIAM JAMES McCLOSKEY, Defendant PROTECTION FROM ABUSE & CUSTODY IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, March 22, 2002, William James McCloskey, having appeared in open court together with personal counsel, Gail Guida Souders, Esquire, on a petition charging indirect criminal contempt of our prior PFA order, and the defendant having admitted that he did make telephone calls to the victim in violation of this order, we do find the defendant to be in contempt of court. Upon the recommendation of the District Attorney, for a probationary sentence, sentence of the court is that the defendant shall be placed on probation for a period of six months with supervision by the probation Office on condition that he pay the costs of prosecution and he pay any costs associated with the filing of this petition. By the Court, , P.J. ~athan R. Birbeck, Esquire Chief Deputy District Attorney ~l Guida Souders, Esquire For the Defendant Probation Office ~ r{AWD-VELNE,e6]) Sheriff ~ WANJl-DEl..IVI;R,ED Victim Services - j-IArJD- Dl5./...}l/[!<E]) > ~ C~f) NS 03 -:Jt - 0 J.. f(J\ -1 -....J. :mtf ~.~~~~HiEUS!."t~ih~O!;' .. ..' l-n ~ L"".",<, '_~,'vi""_"""~'" _. = 0 . ""., '_"'''<1 '~_',_" --~, -, 1-'" _,_", ,',r'-,__ ,J' ,- !'-'~. Ie" \:::\IV/I, ~/\'.J;\!N3d )\LNrl:'~{) (-;'-, ~':'T"-:~'~:_;!/\YlO :.'" ,I . "" " ~ - '(:' ','oj 92 U'~,i'-~ ;~[J " ~ ,. ~~ . ". ~" ,.- ~- ,~ ^<, ~ .- -'.j ~" ,r ,/-r~~'""-"""l' ~, - l~ ~ .~ 1::J ~, :; COMMONWEALTH OF PENNSYLVANIA In the Court of Common Pleas VS Cumberland County Penna William James McCloskey 01-477 Civil ~ I Jacob H. Baker Jr. Deputy Sheriff beig duly sworn by law says that on 3/22/02 the above named defendant turned himself into the Cumberland County DA Office to Det. Mertz. Subject was taken to court before a judge and warrant was cleared. Sheriff Costs: $0.00 So answers, R. Thomas Kline, Sheriff \L ~ f ~ - By J) U IC,,--, . { 01 Lfl.1}vt> _~ Jacob H. aker, Jr. Deputy 6= F~S CO CI '>-- S: ::5<: C:)::.:;.';r ."'\L_ !'~'~ ."">- <~~ l~~~ b: ::; u ~~p:: ,J. C.i <..;;;:( i=-j' J C"-i I _1. {~.l C'J () S CJ 1"'0 <'". ;:grr: -;-/.,,"- ~~- ~~ .L, "-', ...< -," !",) 0., r:- '.0 :::J.) -, '. ~",,,,,~,.- ~ ~"" " ""I ~-, , T '.1&-" ~ ',r! CERTIFICATlCfi OF pm CXNl'EMPT , CASE fDffiER 61- 4 n NAME Wtil1a If) J~wu.:s tvr-{!{{)",;<.ey VICTIM'S NAME: --;:;'NfU Lorr-cu'~u.- &rn;v~,- BALANCE DUE: $ /oo,5lJ ADD DELETE 170 STATE SURCHARGE $ ;Z5- 00 $ 171 STATE FINE $ $ 260 SHERIFF COST ($1.50 + ADDTL) $ $ 207 DISTRICT ATTORNEY $ 15.00 $ 204 COURT COSTS (CLERK OF COURTS) $ 15.00 $ 502 REST~ION L,s fCJ NAME M.flt..() M (j .f.a 1.''1 $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP ~ J~ PROTHONOTARY OFFICE . -. . PERSON CERTIFYING INFORMATION ~~. ;I f1..IL.L(J- Dr< 4 - J - OrJ.. oC~V