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DELORES DELANCY
ERIN DELANCY
Plaintiffs
= IN THE COURT OF COMMON PLEAS OF
=
= CUMBERLAND COUNTY, PENNSYLVANIA
=
= NO. 94-4788 CIVIL TERM
I
I PROTECTION FROM ABUSE
I
vs.
KYLE DELANCY,
defendant
MAC DELANCY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,
vs.
NO. 94-4788 CIVIL TERM
DELORES DELANCY
ERIN A. DELANCY,
Defendants
,j
.
"
ANSWER TO RULE TO SHOW CAUSE
-
~~
The plaintiffs in the Protection From Abu.e action, Delor..
and Erin Delancy, hereinafter referred to a. the r..pond.nt., by
and through their attorney, Joan Carey of Legal servic.., Ino.,
files the following Answer to the Rule to Show Cau.. ent.red
pursuant to the Motion for Return of Weapons fil.d by Mao
Delancy, hereinafter referred to as the petitioner:
1- Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted in part. D.nied in part.
It i. admitt.d that
negotiations regarding the w.apon. have been in proo.... It i.
denied that the respondents lack any legal or authoritative basis
for refusing consent to the return of the weapons for reasons set
forth in New Matter.
9. Admitted.
NEW MATTER
1. When the Cumberland County Sheriff's Department seized
thirteen weapons from the defendant's residence pursuant to the
Protection Order of August 24, 1994, the Sheriff did not seize
the weapons of Kyle Delancy, hereinafter referred to as the
Defendant.
2. The respondents saw weapons in the back of the
petitioner's vehicle when he left the respondent's residence with
the defendant after retrieving his belongings. The respondents
believe that the defendant took his weapons to the petitioner's
residence immediately prior to the entry of the Temporary
Protection Order. Only months later, after the respondents saw
the list of weapons from the Sheriff's Department, did they know
that none of the defendant's weapons had been seized. Therefore,
when the sheriff seized weapons pursuant to the Protection Order,
the defendant's weapons were not seized. Instead, eleven of the
weapons seized were the petitioner's and two of the weapons were
the respondent's husband's weapons.
3. Since the entry of the Protection From Abuse Order, the
respondents have seen several incidents including the following
where the defendant has acted in ways which caused the
respondents to fear for their safety and to question whether the
petitioner has the ability to control the defendant:
a. On several occasions since the entry of the
Temporary Protection order, while screaming obscenities, the
defendant has ridden his dirt bike at high rates of speed in
front of the respondent's residence, causing stones to fly
into the respo dent's yard.
b. On or about March 6, 1995, the respondents saw the
defendant thro a bucket at his girlfriend. When the
petitioner int rvened, the Defendant pushed him, punched the
girl in the st mach and pulled her to the ground by her
hair. The def ndant also shoved a wheelbarrow at the
petitioner. Then, although he had not driver's license, the
defendant then went into the barn, got into a car, and drove
recklessly down the road and through the field, wildly and
heedlessly spinning in circles. The respondents feel that
the petitioner has no control over the defendant.
4. On several occasions prior to the entry of the
Protection From Abuse Order, when the defendant becam~ angry at
the respondents, he frequently threatened them with guns. The
respondents feel that they are in danger as long as the defendant
has access to guns. Because the petitioner is not able to
control the defendant, the respondents fear for their safety if
the petitioner's weapons are kept in his residence where the
defendant resides, as the defendant could gain access to the
weapons.
5. Because of the escalating violent outbursts by the
defendant since the entry of the Temporary Protection order,
including that of March, 1995, where he became violent with the
.~~':!.::':~r~H,.;\r:;;;'[""-::;::i' ;~ _...
.., ..."..~honer,ttie respondents fear for their safety if any weapons
are in his possession ~r if he has access to weapons.
6. In the past, the defendant has destroyed property in
ways including breaking things with sledgehammers; therefore, if
the petitioner's woapons are returned to him, the respondents
fear for their safety unless those weapons would be kept in a
secure place outside the petitoner's residence where the
defendant currently lives.
WHEREFORE, the respondents request that the weapons
ourrently held in the possession of the Cumberland County
Sheriff's Department remian in their custody.
Alternatively, if the weapons are returned, the respondents
ask that those weapons not be kept at the petitioner's current
residence while the defendant is living there.
The respondents further request that the defendant turn over
to the sheriff his weapons, including six shotguns - one a double
barrel Fox 243 and an 1187 black Premier.
The respondents also request that a new hearing date be set
in the Protection From Abuse case which has been generally
continued.
The respondents further ask for any other relief which is
just and proper.
Respectfully submitted,
/
/ oan Carey
,/ Attorney for Rasp
LEGAL SERVICES, I
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
MAC DELANCY,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94 - 4788 CIVIL TERM
DELORES DELANCY,
ERIN A. DELANCY,
Defendants
AND NOW, this
I!QU.ON FOR
tZ
THE RETURN OF PROPERTY
Mo-U1-.
day of F88r~a~y 1995, petitioner,
Mac
Delancy by and through his attorneys Costopoulos, Foster and Fields
submits the following in support of relief requested herein:
1. Petitioner, Mac Delancy, is an adult individual with a
legal residence of 501 Walnut Bottom Road, Shippensburg, Cumberland
County, Pennsylvania.
2. Respondents, Delores C. Delancy and Erin A. Delancy, are
adult individuals with a legal residence of 580 Walnut Bottom Road,
Shippensburg, Cumberland County, Pennsylvania.
3. On or about August 24, 1994, the respondents herein filed
a petition for a Temporary Protective Order as against Kyle C.
Delancy. A true copy of which is attached hereto and marked as
exhibit 1.
4. As a result of the Petition filed by respondents herein,
and made reference to in the above paragraph, a Temporary
Protective Order was entered by this Court on August 24, 1994 and
docketed under No. 94-4788 Civil Term. A true copy of the order i8
attached hereto and marked as Exhibit 2.
5. As port ond parcel of the Order entered, ond mode
reference to herein, the Court ordered thot the nomed defendont in
the componion cose, Kyle C. Delancy, relinquish to the Sheriff's
Deportment weapons which he allegedly threotened to use ogoinst
respondents herein.
6. Based on the Temporary Protective Order of August 24,
1994, the Sheriff's Depertment of Cumberland County confiscated 13
different weapons during the enforcement of the Protective Order
referenced to herein. A true copy of the inventory sheet
reflecting the confiscated property is attached hereto and morked
as Exhibit 3.
7. Of the thirteen seized weapons confiscated pursuant to
the Order, eleven of those are the property of pett tioner, Mac
Delancy (items: 1-8, 10, 11 and 13 of Exhibit 3) and at no time
were they owned or possessed by Kyle Delancy, defendant in the
Protection From Abuse matter.
8. Despi te repeated attempts to obtain Respondents
acquiescence to the return of the property to Petitioner, the
Respondents have refused to grant their consent and continue to do
so without any legal or authoritative basis.
9. Respondents know, and have acknowledged the fact, that
the property in question, is the personal property of Petitioner,
Mac Delancy.
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-4788 CIVIL TERM
PROTECTION FROM ABUSE
DELORES C. DELANCY,
ERIN A. DELANCY,
Plaintiffs
KYLE C. DELANCY,
MOTION FOR CONTINUANCE
The plaintiff moves this Court for an Order continuing the
hearing of this case until further Order of Court, on the grounds
that:
1. A Temporary Protective Order was issued by this Court on
the 24th day of August, 1994, scheduling a hearing for the 1st
day of September, 1994, at 4:00 p.m.
2. The defendant was served with the Temporary Protective
Order and his attorney, william Costopoulos, contacted Legal
Services, Inc. to negotiate a Consent Agreement. The parties are
unable to execute a Consent Agreement before the time of hearing.
3. The plaintiff requests that a general continuance be
entered and that the Temporary Protective Order remain in effect
pending further order of court.
4. A copy of the Order for continuance will be delivered to
the Pennsylvania st^tft, shippensburg University, and the Mid-
Cumberland Valley Regional Police Departments by attorneys for
the plaintiff.
WHEREFORE, the plaintiff moves this Court to grant the
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I II TII COURT 0' COKKOH PLIA8 0'
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I CUKlIRLAHD COUNTY, PIHN8YLVAHIA
I
I 10. '4-4788 CIVIL TIRM
I
I PROTICTIOH 'ROM ABUSI
I
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DILORI. C. DILlXCY,
I.IK A. DILAHCY,
'laintiffl
KYLI C. DILAHCY,
Defendant
f~TITION FOR RETURN OF WEAPONS
The plaintiff, by and through her attorney, Joan Carey of
Legal services, Inc., represents the following:
1. On August 24, 1994, a Temporary Protective Order was
filed by the plaintiffs asking for the confiscation of weapons in
the home.
2. On August 25, 1994, the Cumberland County Sheriff's
Department confiscated all weapons located in the residence at
580 Walnut Bottom Road, Shippensburg.
3. Two of the weapons seized, a Winchester Model 70 Caliber
270 #754804 and #402936 caliber 308 bolt action, belong to Gary
Delancy, plaintiff Delores Delancy's husband.
4. The plaintiffs ask that the two weapons specified above
be returned to GARY DELANCY upon presentation of the attached
Order to the Sheriff's Department, and that the remaining weapons
which belong to the defendant, KYLE C. DELANCY, be kept in the
care and control of the Cumberland County Sheriff's Department.
WHEREFORE, the plaintiff requests that the two weapons,
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DELORES C. DELANCY,
ERIN A. DELANCY,
plaintiffs
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IN THE COURT OF COI(MON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - II JRS CIVIL TERM
vs.
PROTECTION FROM ABUSE
KYLE C. DELANCY,
Defendant
TEMPORARY PROTECTIVE ORDER
AND NOW, this ~day of August, 1994, upon presentation
and consideration of the within petition, and upon finding that
the plaintiffs, DELORES C. DELANCY and ERIN A. DELANCY, now
residing at 580 Walnut Bottom Road, Shippensburg, Cumberland
County, Pennsylvania, are in immediate and present danger of
abuse from the defendant, KYLE C. DELANCY, the following
Temporary Order is entered.
The defendant, KYLE C. DELANCY, currently involuntarily
committed to the psychiatric Ward at Carlisle Hospital, is hereby
enjoined from physically abusing the plaintiffs, DELORES C.
DELANCY and ERIN A. DELANCY, or placing them in fear of abuse and
is excluded from the residence located at 580 Walnut Bottom Road,
Shippensburg, Cumberland county, Pennsylvania, a residence which
is owned by the defendant's parents, DELORES and GARY DELANCY.
The defendant is hereby notified that if he resides in the
plaintiff'S domicile contrary to this Order, he may be in
indirect criminal contempt which is punishable by a fine not to
exceed $1,000.00 and/or by a sentence of up to six months in jail
and any other appropriate punishment. Resumption of co-residence
on the part of the plaintiff and defendant shall not nullify the
provisions of the Court Order directing the defendant to refrain
from abusing the plaintiff.
The defendant is ordered to relinquish to the Sheriff's
Department the following weapons which he has used or threatened
to use against the plaintiffs: Approximately eight shotguns and
ammunition.
The defendant is ordered to refrain from having any contact
with the plaintiff including, but not limited to, entering their
places of employment, harassing or stalking them, and harassing
their relatives.
This Order shall remain in effect until a final order is
entered in this case. A hearing shall be held on this matter on
the 14" day of LL) J;:.." .i,.... , 1994, at 1/ '00 .D.m. in
II .
Courtroom No. r; , Cumberland County courthouse, Carlisle,
Pennsylvania.
The plaintiff may proceed in forma ~uperis pending a
further order after the hearing.
The Cumberland county Sheriff's office shall attempt to make
service at the plaintiff's request, but service may be
accomplished under any applicable rule of civil Procedure.
The Pennsylvania state, Shippensburg University, and the
Mid-Cumberland Valley Regional Police Departments will be
provided with a copy of this Order by attorneys for plaintiff.
This Order shall be enforced by any law enforcement agency where
a violation occurs by arrest for indirect criminal contempt
DELORES C. DELANCY,
ERIN A. DELANCY,
plaintiffs
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - q 1'6'i1 CIVIL TERM
VS.
PROTECTION FROM ABUSE
KYLE C. DELANCY,
Defendant
NOTICE
You have been sued in court. If you wish to defend against
the claims eet forth in the fOllowing pages, you must take action
promptly after this Petition, Order and Notice are served, by
appearing personally or by attorney at the hearing scheduled by
the Court and presenting to the Court your defenses or objections
to the claims set forth against you. You are warned that if you
fail to do so the Court may proceed without you, and a judgment
may be entered against you by the Court without further notice
for any money claimed in the Petition or for any other claim or
relief requested by the plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
vs.
IN THE COURT 01" COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - Ij 1~8 CIVIL TERM
PROTECTION FROM ABUSE
DELORES C. DELANCY,
ERIN A. DELANCY,
Plalnt1fh
KYLE C. DELANCY,
Defendant
~TITION FOR PROTE~TIVE ORDER
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE ACT
23 P.S. SECTION 6101
A. ABUSE
1. The plaintiffs are adult individuals whose permanent
address is 580 Walnut Bottom Road, Shippensburg, Cumberland
county, Pennsylvania, 17251.
2. The defendant is an adult individual currently
involuntarily committed to the psychiatric Ward of the Carlisle
Hospital, Carlisle, Cumberland County, Pennsylvania, 11013.
3. The defendant is the son of Delores Delancy and the
brother of Erin Delancy.
4. Since approximately 1989, the defendant has attempted to
cause and has intentionally, knowingly, or recklessly caused
bodily injury to the plaintiffs and by physical menace has placed
the plaintiffs in fear of imminent serious bodily injury. This
has included but is not limited to the following specific
instances of abuse:
a. On or about August 24, 1994, the plaintiffs
returned home to find that the defendant had been released
from the hospital. The defendant threatened the
plaintiffs saying that they would go down: they had had
it, causing the plaintiffs to fear for their safety.
b. On or about August 18, 1994, after an argument with
the defendant, Plaintiff Delores Delancy came home to
find that all of the defendant's guns were missing from
the home. Plaintiff Delores Delancy feared for her
life and that of plaintiff Erin Delancy since the
defendant frequently threatens to kill them including
as recently as August 1994 when he picked up an
unloaded rifle and pointed it at Plaintiff Delores
Delancy saying, "I got you now." Plaintiff Delores
Delancy called crisis Intervention who called the
police.
c. On or about August 9, 1994, when Plaintiff Delores
Delancy went for a walk, the defendant started up his
motorcycle, came at her at a high rate of speed,
stopped defendant stopped his bike beside her and
threatened, "I'd like to run you over and break your
neck." The defendant then "revved" up the engine, and
edged at Plaintiff Delores Delancy as if to run her
down shouting threats and obscenities at her. Tho
defendant then went a few feet in front of her, turned
quickly, and threw dirt and stones on her. When
Plaintiff Delores Delancy returned home, the defendant
ran toward her, hit her in the shoulder with his chest,
and threatened to smash her and break her neck. The
defendant hit the Plaintiff Delores Delancy with his
cheat several more times and threatened to "clean her
clock and then yours," causing her to fear for her
life.
d. On or about August 6, 1994, the defendant became
enraged, threw an air tank across the garage, smashed
his motorcycle helmet, smashed the garage door with a
sledge hammer, demolished a tool box with the hammer,
tore garbage bags apart, ran upstairs and trashed his
room including putting his fists through walls.
Fearing their safety, the plaintiffs' got into the car
and drove away. The defendant threatened them as they
pulled away saying that if they weren't back in five
minutes, he would come down and kill Plaintiff Erin
Delancy. The defendant then threw the sledgehammer at
the car, just missing it. The defendant picked up the
sledgehammer and ran after the car, swinging it at the
vehicle. When the plaintiffs returned home, the
defendant was banging his fists on the porch and
hitting his head against the back of the house.
e. The defendant, at least 2 to 3 times per week,
telephones Plaintiff Delores Delancy and threatens to
kill himself and make her watch. On one occasion the
defendant threatened that if Plaintiff Delores Delancy
had him committed to the hospital again, she would see
him dead and that he never wanted to see her again
unless she were dead causing her to fear for her life.
f. In or around the summer of 1992, Plaintiff Erin
Delancy was having a picnic at her home with preschool
children from her work. The defendant became enraged,
grabbed a baseball bat, and chased Plaintiff Erin
Delancy around the yard in front of the children,
yelling that he wanted to crack her head open.
g. In or around 1990, the defendant grabbed Plaintiff
Erin Delancy by the neck, threw her into the sink, and
punched her in the arm. Later when the defendant came
home, he said to his mother, "Did you see what I did to
Erin?" When his mother answered him, the defendant
rolled up his sleeves and said, "Which mother fucker
wants it next." The defendant then ran to the bedroom
where the guns are kept, but his father got to the door
and would not allow the defendant entry. The defendant
then dove toward the kitchen drawer, grabbed a butcher
knife, and chased his father and Plaintiff Erin Delancy
around the kitchen with the knife until his father
kicked it out of his hand. The defendant jumped off
the deck and ran away.
h. The plaintiff'S are afraid of the defendant and
have been staying in hotels at night to avoid the
defendant and his abuse. The defendant goes into
uncontrollable rages and has destroyed over $6,000.00
worth of property of the plaintiffs including smashing
windshields with his bare hands. The.e acts of
violence cause the plaintiffs to fear for their safety
due to past incidents of physical abuse.
5. On approximately August 18, 1994, the plaintiffs left
their residence at 580 Walnut Bottom Road, Shippensburg,
Cumberland County, Pennsylvania in order to avoid further abuse.
6. The plaintiffs believe and therefore aver that they will
be in immediate and present danger of abuse from the defendant
should they remain in the home without defendant's exclusion, and
that they are in need of protection from such abuse.
7. The plaintiffs desires that the defendant be restrained
from entering their places of employment, having any contact with
them, harassing or stalking them, and from harassing their
relatives.
8. The defendant has used or threatened to use the
following weapons in his abuse of the plaintiffs: eight shotguns
and ammunition.
B. EXCLUSIVE POSSESSION
9. The home from which the plaintiffs are asking the Court
to exclude the defendant is owned in the names of DELORES and
GARY DELANCY.
C. ATTORNEY FEE~
10. The plaintiff asks for attorney fees to be paid to
Legal Services, Inc. pursuant to the Protection from Abuse Act.
~STATUS TO fBQCEED IN FORMA PAUPERIS
11. The defendant is unemployed.
12. Plaintiffs Delores and Erin Delancy currently have been
released fr.om work due to the defendant's behavior.
13. The plaintiffs do not have funds available to pay the
fees for filing and service.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 P.S. section 6101 n H.Q.,
as amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the "Protection from
Abuse Act:"
1. Requiring the defendant to refrain from abusing the
plaintiffs or placing them in fear of abuse.
2. Requiring the defendant to refrain from having any
contact with the plaintiffs, including, but not limited to,
entering their plaintiffs' place of employment, from
harassing or stalking the plaintiffs, and from harassing
their relatives.
3. Granting possession of the home located at 850
Walnut Bottom Road, Shippensburg, to the plaintiffs to the
exclusion of the defendant pending a final order in this
matter.
4. Ordering the defendant to stay away from any
residence the plaintiffa may in the future establish for
herself .
5. Ordering the defendant to relinquish to the
Sheriff's Department the following weapons which he has
u.ed or threatened to use against the plaintiffs:
Approximately eight shotguns and ammunition.
B. Schedule a hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing, enter
an order to be in effect for a period of one year:
1. Requiring the defendant to refrain from abusing the
plaintiffs or placing them in fear of abuse.
2. Requiring the defendant to refrain from having any
contact with the plaintiffs, including, but not limited to,
entering their places of employment, from harassing or
stalking them, and harassing their relatives.
3. Granting possession of the home located at 850
Walnut Bottom Road, Shippensburg, to the plaintiffs to the
exclusion of the defendant.
4. Ordering the defendant to stay away from any
residence the plaintiffs may in the future establish for
themselves.
5. Ordering the defendant to relinquish to the
Sheriff's Department the following weapons which he has
used or threatened to use against the plaintiffs:
Approximately eight shotguns and ammunition.
6. Ordering the defendant to pay attorney fees to
Legal Services, Inc. pursuant to the Protection From Abuse
Act.
The plaintiffs further asks that this Petition be filed and
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DELORES DELANCY I IN THE COURT OF COMMON PLEAS OF
ERIN DELANCY I
Plaintiffs I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. I NO. 94-4788 CIVIL TERM
I
KYLE DELANCY, I PROTECTION FROM ABUSE
defendant I
MAC DELANCY, IN THE COURT OF COMMON PLEAS OF
Plaintiff I
I CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. I NO. 94-4788 CIVIL TERM
DELORES DELANCY
ERIN A. DElANCY,
Oefendants
ANSWER TO RULE TO SHOW CAUSE
The plaintiffs in the Protection From Abuse action, Delores
and Erin Delancy, hereinafter referred to as the respondents, by
and through their attorney, Joan Carey of Legal Services, Inc.,
files the following Answer to the Rule to Show Cause entered
pursuant to the Motion for Return of Weapons filed by Mac
Delancy, hereinafter referred to as the petitioner:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted in part. Denied in part.
It is admitted that
negotiations regarding the weapons have been in process. It is
denied that the respondents lack any legal or authoritative basis
for refusing consent to the return of the weapons for reasons set
forth in New Matter.
9. Admitted.
NEW MATTER
1. When the Cumberland county Sheriff's Department seized
thirteen weapons from the defendant's residence pursuant to the
Protection Order of August 24, 1994, the Sheriff did not seize
the weapons of Kyle Delancy, hereinafter referred to as the
Defendant.
2. The respondents saw weapons in the back of the
petitioner's vehicle when he left the respondent's residence with
the defendant after retrieving his belongings. The respondents
believe that the defendant took his weapons to the petitioner's
residence immediately prior to the entry of the Temporary
Protection Order. Only months later, after the respondents saw
the list of weapons from the Sheriff's Department, did they know
that none of the defendant's weapons had been seized. Therefore,
when the sheriff seized weapons pursuant to the Protection Order,
the defendant's we~pons were not seized. Instead, eleven of the
weapons suized were the petitioner's and two of the weapons were
the respondent's husband's weapons.
3. Since the entry of the Protection From Abuse Order, the
respondents have seen several incidents including the following
where the defendant has acted in ways which caused the
respondents to fear for their safety and to question whether the
petitioner has the ability to control the defendant:
a. On .everal occasions since the entry of the
Temporary Protection order, while screaming obscenities, the
defendant has ridden his dirt bike at high rates of speed in
front of the respondent's residence, causing stones to fly
into the respondent's yard.
b. On or about March 6, 1995, the respondents saw the
defendant throw a bucket at his girlfriend. When the
petitioner intervened, the Defendant pushed him, punched the
girl in the stomach and pulled her to the ground by her
hair. The defendant also shoved a wheelbarrow at the
petitioner. Then, although he had not driver's license, the
defendant then went into the barn, got into a car, and drove
recklessly down the road and through the field, wildly and
heedlessly spinning in circles. The respondents feel that
the petitioner has no control over the defendant.
4. On several occasions prior to the entry of the
Protection From Abuse Order, when the defendant became angry at
the respondents, he frequently threatened them with guns. The
respondents feel that they are in danger as long as the defendant
has access to guns. Because the petitioner is not able to
control the defendant, the respondents fear for their safety if
the petitioner's weapons are kept in his residence where the
defendant resides, as the defendant could gain access to the
weapons.
5. Because of the escalating violent outbursts by the
defendant since the entry of the Temporary Protection Order,
including that of March, 1995, where he became violent with the
petitioner, the respondents fear for their safety if any weapons
are in his possession or if he has access to weapons.
6. In the past, the defendant has destroyed property in
way. including breaking things with sledgehammers; therefore, if
the petitioner'S weapons are returned to him, the respondents
fear for their safety unless those weapons would be kept in a
secure place outside the petitoner's residence where the
defendant currently lives.
WHEREFORE, the respondents request that the weapons
currently held in the possession of the Cumberland County
Sheriff's Department remian in their custody.
Alternatively, if the weapons are returned, the respondents
ask that those weapons not be kept at the petitioner'S current
residence while the defendant is living there.
The respondents further request that the defendant turn over
to the sheriff his weapons, including six shotguns - one a double
barrel Fox 243 and an 1187 black Premier.
The respondents also request that a new hearing date be set
in the Protection From Abuse case which has been generally
continued.
The respondents further ask for any other relief which is
just and proper.
Respectfully submitted,
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jJoan Carey
" Attorney for Resp <ients
LEGAL SERVICES, I C.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Thll I\bOVIl-rllIJlled deferlllulltH. IlEl.tJIU.S IlEl.i\NI'Y Ilnd ERIN
DEl.ANCY, verify thut the Htlltelllents III111te In the IlhllVe' ArIHwcr lire
trull lInd correct. The defelldunts ullclerslund lhllt flllsll
stutll,lIIcnts herein ure Illude suhJl'ct tll the pellullleH llf III PIl.
C.S. section 4904, rellltlng III UII:;WllJ"n flllslficullllll tn
authorities.
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DELORES C. DELANCY,
ERIN A. DELANCY,
Plaintiffs
IN THE COURT OF COMMON PI,BAS
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
NO. 94 - 4788 CIVIL TERM
KYLE C. DELANCY,
Defendant
PETITIONER. MAC DELANCY'S. RESPONSE TO NEW MATTER
AND NOW, this 8.kh day of ~, 1995, comes Petitioner, Mac
Delancy by and through his attorney, Timothy P. Keating who
respectfully submits the following in response to Plaintiff's New
Matter:
1. Admitted that none of the weapons seized by the Sheritf
(except for the Winchester model 70-243) belonged to Kyle Delanoy.
2. Denied. It is denied that Kyle Delancy took any weapons
from the residence of Delores and Erin Delancy after the entry of
the Protection from Abuse Order.
3.
A.
Denied. It is denied that Kyle Delancy did the acts
alleged in this paragraph.
B. Denied. It is denied that Kyle Delancy did the acts
alleged in this paragraph. Kyle Delancy has never acted violently
towards Mac Delancy or towards anyone else.
4. Neither admitted or denied. These allegations concern a
time period prior to the entry of the Protection from Abuse Order
and therefore are not relevant to peU Uoner I s our rent replevin
type matter.
Furthermore, it is noted that respondents while
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bELORES DELANCY,
ERIN DELANCY,
plaintiffs
I IN THE COURT OF COMMON PLEAS OF
I
I CUMBERLAND COUNTY, PENNSYLVANIA
:
v.
NO. 94-4788 CIVIL TERM
KYLE DELANCY,
Defendant
PROTECTION FROM ABUSE
AND NOW, this
paOT.OTIO" ORDBR
tL i.~::1'
, day of , 1995, upon consideration of
the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, KYLE DELANCY, SS:UNKNOWN and DOB:
6/11/75, is enjoined from physically abusing the plaintiffs,
DELORES and ERIN DELANCY, or from placing them in fear of abuse.
2. The defendant is enjoined from having any direct or
indirect contact with the plaintiffs including, but not limited
to, telephone and written communications.
3. The defendant is ordered to refrain from harassing and
stalking the plaintiffs and from harassing the plaintiffs'
relatives.
4. The defendant is prohibited from entering the
plaintiffs' place of employment.
5. The defendant is excluded from the plaintiffs'
residence located at 580 Walnut Bottom Road, Shippensburg,
Cumberland county, Pennsylvania.
6. The defendant is ordered to stay away from any
residence the plaintiffs may in the future establish for
themselves.
7. The Cumberland County Sheriff's Department will return
to Mac Delancy the weapons which were confiscated in the case,
and Mac Delancy will keep the weapons out of the possession or
control of the defendant, KYLE DELANCY.
8. The defendant, KYLE DELANCY, will not own, possess, or
purchase, any weapons for the duration of this Order.
9. The court costs and fees are waived.
10. This Order shall remain in effect until August 24,
1995, but may be extended beyond that time 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.
11. This Order may subject the defendant to: i) arrest
under 23 Pa. C.S. 56113; ii) a private criminal complaint under
23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt
under 23 Pa. C.S. 56114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa. C.S. 56114.1. Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
12. The Pennsylvania state and Mid-Cumberland Valley
Regional Police Departments will be provided with certified
copies of this Order by the plaintiff'S attorney and may enforce
this Order by arrest for indirect criminal contempt without
warrant upon probable cause that this Order has been violated,
whether or not the violation is committed in the presence of the
DELORES DELANCY,
ERIN DELANCY,
IN THE COURT OF COMMON PLEAS OF
Plaintiff.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-4788 CIVIL TERM
PROTECTION FROM ABUSE
v.
KYLE DELANCY,
Defendant
~OH8IHT AORIIMIHT
This Agreement is entered on this ,~~,~~ day of June, 1995,
by the plaintiffs, DELORES and ERIN DELANCY, and the defendant,
KYLE DELANCY. The plaintiffs are represented by Joan Carey of
LEGAL SERVICES, INC.; the defendant is represented by Timothy
Keating of COSTOPOULOS, FOSTER & FIELDS. The parties agree that
the following may be entered as an Order of Court.
1. The defendant, KYLE DELANCY, agrees to refrain from
abusing the plaintiffs, DELORES and ERIN DELANCY, or placing them
in fear of abuse.
2. The defendant agrees not to have any direct or indirect
contact with the plaintiffs, but not limited to, telephone and
written communications.
3. The defendant agrees not to harass and stalk the
plaintiffs' and harass the plaintiffs relatives.
4. The defendant agrees not to enter the plaintiffs'
places of employment.
5. The defendant agrees to stay away from the plaintiffs'
residence located at 580 I~alnut Bottom Road, Shippensburg,
Cumberland County, Pennsylvania.
6. The defendant agrees to stay away from any residence
the plaintiffs may in the future establish for themselve..
7. The Cumberland County Sheriff's Department will return
to Mac Delancy the weapons which were confiscated in the case,
and Mac Delancy agrees to keep the weapons out of the posses. ion
or control of the defendant, KYLE DELANCY.
8. The defendant, KYLE DELANCY, agrees not own, possess,
or purchase, any weapons for the duration of this Order.
9. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
10. The defendant understands that the Protection Order
entered in this matter shall be in effect until August 24, 1995,
or until modified or terminated by the Court after notice or
hearing and, can be extended beyond that time, 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.
11. The defendant understands that thi.s Order shall be
enforceable in the same manner as the Court's prior Temporary
Protection Order entered in this case.
WHEREFORE, the parties request that a Protection Order be
-
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9 49 All '95
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