HomeMy WebLinkAbout94-06115
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CINDY McCLUCAS,
Plaintiff
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE AND
: CUSTODY
v.
ELMER KEITII McCLUCAS,
Defendant
,I.\-~\\S-
: NO. OF 1994
CONSEN1' AGREEMEN1'/ORDER OF COURT
AND NOW. .... J, ~y or ,J<<. ,............ ""OIl ""bod..
agreement on a dispo&ition of this petition, enter into the following settlement to be made an
Order of Court.
I. Without admitting any of the allegations of the petition, the defendant. Elmer
Keith McClueas, agrees that he will not abuse the plaintiff, Cindy McClucas.
2. Defendant, Elmer Keith McClucas, shall remove himself from the residence at
4110 Enola Road, Newville. PA 17241. and agrees 10 relinquish all keys and copies of keys to
the residence, and he shall remain away from this residence for a period of one (1) year or until
plaintiff moves out volunlarily. whichever date first occurs. subject to any presence at the
residence that is necessary for defendant 10 facilitate his partial physical cUSlody.
3. Plaintiff, Cindy McClucas. shall have primary physical and joinllegal custody of
the minor children. Tyler James McClucR' (d.o.b. 7-5-91) and Tashia Marie McClucas (d.o.b.
7-16-92). subject to partial physical custody by the defendant. Elmer Keith McClueas.
4. DefendaDl. Elmer Keith McClueas. shall have joint legal custody and partial
physical custndy of the minor children at limes mUlUally agreed upon by the parties.
,
,
5. Defendant. Elmer Keith McClucu. shall pick up and return die children to die
plaintiffs residence.
6. The parties intend to be bound by this Aareement until fUnher Order of Court.
r &:"~L.A-;l
ELMER KEI cCLUCAS
Defendant
~1~) ;g'(~uI' (Jj)
INDMc U AS
Plaintiff }
I
//
) I I
PA CK . Q N
Certified Leaal ~rn
.. ) J I
-1 / It .1/ > .
THOMAS M. PLACE
ROBERT E. RAINS
UNDA E. FISHER
Supervisina Attorney
THOMAS L. PEELER
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle. PA 17013
717/243-2968
:~1YJ
J.
-
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
; CINDY McCLUCAS,
Plaintiff
v.
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE AND
: CUSTODY
Cf4- ul15
: NO. CIVIL 1994
ELMER KEl11I McCLUCAS,
Defendant
'fEMPORARY PROTECTIVE ORDER
AND NOW, lb. ~~ :'f~. ,..." \ iJ.< f '"
upon presentation and consideration of the within Petition. and upon finding that plaintiff. Cindy
McClueas. residing at 4110 Enola Road. Newville. Cumberland County, Pennsylvania 17241.
is in immediate and present danger of abuse from defendant. Elmer Keith McClucas, the
following Temporary Order is entered:
Defendant. Elmer Keith McClucas. is hereby enjoined from abusing plaintiff. Cindy
McClucas. either personally or through his agents.
Defendant, Elmer Keith McClucas. is hereby evicted from the residence at 4110 Enola
Road. Newville PA. 17241 and must immediately relinquish to the plaintiff all keys or copies
of the keys to the residence.
Temporary primary physical custody of Tyler James McClucas (d.o.b. 7-5-91)and Tashia
Marie McClucas (d.o.b. 7.16-92). is hereby awarded to plaintiff. Cindy McClucas.
This Order shall remain in effect until pending further order of the court.
You. Elmer Keith McCluca!, defendant. have been sued in court to obtain custody of the
minor cbildren.
.
You are ordered to appear in person at the scheduled hearing held on this matter on the
J -<day of ~/.~,.......,....W.4994 ad' 't"~. in Courtroom No. .3'
Plaintiff may proceed in fonna pauperis pending a further order after the hearing.
Service of certified copy of the Petition and this Order shall be provided by the Sheriff
of Cumberland County.
The Pennsylvania State Police will be provided a copy of this Order. and are directed to
enforce this Order by arresl for indirect criminal contempt without warrant upon probable cause
that this Order has been violated. whether or nollhe violalion is committed in the presence of
the police officer, 23 Pa.C.S. 16113. In the event that an arrest is made under this section. the
defendant shall not be taken to jail but shall be taken without necessary delay before the Court
that issued the Order.
By the Court.
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CINDY MCCLUCAS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY , PENNSYLVANIA
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE AND CUSTODY
v,
ELMER KEITH McCLUCAS
Defendant
9-/ - U 1I.j
: NO. CIVIL 1994
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
followina 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 objr.ctions 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
Cumberland County Courthouse
Carlisle. Pennsylvania 17013
717/240-6200
family residence. When plaintiff declined, defendant threatened her life by stating: "Don't be
surprised if you don't see the morning."
c. On Sunday, July 31. 1994, during the course of an argument. defendant pushed
plaintiff back against the bathroom wall toward a second story window. Defendant then swung
plaintiff around and forcibly grabbed plaintiff by the neck and turned plaintiffs head toward the
defendant. Defendant then punched a hole in the bathroom wall and declared 'that could be
your facel"
6. Plaintiff believes and therefore avers that she is in immediate and present danger
of serious abuse from defendant and that she is in need of protection from abl.\SC.
WHEREFORE. pursuant to the provisions of the "Protection From Abuse Act' 23
Pa.C.S. 16101 et seq., plaintiff prays this Honorable Coun 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 plaintiff, either personally or
through his agents; and
2) Excluding the defendant from the residence at 4110 Enola Road, Newville. PA
17241.
B. Schedule a hearing in accordance with the provisions of the "Protection From
Abuse Act". and
C. After such hearing, enter an order against the defendant, to be in effect for one
year. as follows:
I) Directing the defendant to refrain from abusing the plaintiff.
2) Prohibiting the defendant from having any contact with the plaintiff. (except for
the purpose of exchanging custody of the children) including, but not limited to. restraining the
the plaintiff or plaintiffs relatives.
3) Granting possession to the plaintiff of the residence or household to the exclusion
defendant from entering the place of employment or business of the plaintiff and from haraSsing
of the defendant by evicting the defendant.
COUNT II. IN FORMA PAUPERIS
7. The allegalions in paragraphs one through six are incorporated herein by reference.
8. Plaintiff does nOI have funds available to pay the cost, of filing and service.
WHEREFORE. plaintiff prays that the petition be filed and service shall be made
without payment of costs pr.r 23 Pa.C.S. t6106(b).
COUNT III. CUSTODY
9, The allegations in paragraphs one through eight are incorporated herein by reference.
10. Plaintiff seeks primary legal and physical custody of the following minor children:
l!iIIIIl
Address
Age
Tyler James McClucas
4110 Enola Road Newville. PA 17241
3 years
Tuhia Marie McCIuc:as
4110 Enola Road Newville. PA 17241
2 years
The children were born out of wedlock.
The children are presently in the custody of Cindy McClucas and Elmer Keith McClucu.
who reside al 4110 Enola Road Newville. PA 17241.
During the past five years. the children have resided with lhe following persons and al
the following addresses:
N-
Address
Datca
Cindy McC111tas and
Elmer Keith McClucas
123 Porter Avenue Carlisle. PA 17013
7/91 to 11/91
. Elmer McCluc:u,
Steven McCluc:u,
Michael McCIlICIS,
Cindy McCluc:u and
Elmer Keith McClucu
11.91 D 12n.S91
406 Ann Street
Middletown, PA
Marie Zei&Ier,
Paul Zeialet, and
Cindy McClucas
1717 NewvlUe RaId, Carlisle, PA 17013
12/25/91 to
1/23/92
Cindy McCluc:a, and
Elmer Keith McCllICIS
19 Rose Ave., Middletown, PA
1/23/92 to 1/93
Cindy Mc:Cluc:u and
Elmer Keith McCluc:as
4110 Enola Road, Newville, PA 17241
1/93 to preaent
The mother of the children Is Cindy McCluw, currently mldlna at 4110 Enola RaId,
Newville, PA 17241.
She is married.
The father of the children is Elmer Keith McCluw, currently mldlna at 4110 Enola
Road, Newville, PA 17241.
He is married.
II. The relationship of plaintiff to the children is that of mother. The plaintiff currently
resides with the followina persons:
NImI
Relatlna.hlp
Elmer Keith McCIuc:u
husband/defendant
Tyler James McClucu
Tubia Marie McCluc:as
son
daupter
12. The relationship of defendant to the children is that of father, The defendant
currently resides with the followin, persons:
f!IIml Bdatlonahlp
Cindy McClucaa wife/plaintiff
Tyler James McClucas son
Tuhia Marie McClucas daughter
13. Plaintiff has not participated as a party or witness. or in another capacity, In other
litigation concerning the custody of the children in this or another court.
Plaintiff has no infonnation of a custody proceeding concerning the children pending in
a court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custody or visitation rights with respect to the children.
14. The best Interest and permanent welfare of the children will be served by granting
the relief requested because of defendant's abuse of the plaintiff.
15. Each parent whose parental rights to the children have not been tenninated and
the person who has physical custody of the children have been named as parties to this action.
WHEREFORE. plaintiff requests the court to:
A. Enter a temporary order giving her custody of said minor children pending
disposition of the petition, per 23 Pa.C.S. 16106(a)(4). and
B. After the hearing on this petition. grant plaintiff primary physical custody of said
children.
I' I,
C. After the hearing on this petition', granl defendant panlal physical custody of said
cbl1dren. to be exercised at times mutually aareed upon by the parties
.Date (o'lc;-'l4
u.. ,,~
Patrick W.
Cenified Leg Intern
~"'&-
~~PLACE
LINDA E. FISHER
ROBERT E. RAINS
Supervising Attorney
THOMAS L. PEELER
. Staff Attorney
, ,
FAMILY LAW CLINIC
4.5 North Pitt Street
Carlisle, PA 17013
717/243.2968
SHERIFF'S RETURN
cc:r-M:lNWEAL'IlI OF PENNSYLVANIA,
Cl:JUl1II'Y OF ClMBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-6115 Civil Term
Temporary Protective Order Notice
Petition for Temporary Protective
Order ~nd Custody
Cindy McClucas
VS
Elmer Keith McClucas
Michael Barrick
. ~jjJfle(ll>r Deputy Sheriff of
CUnberland County. Pennsylvania, ~'ho being duly s~m according to law, says,
. Temporary Protective Order Notice Petition for
that he served the within Temporary Protective Order and Custody
upon Elm~r ~eith McClucas
, the defendant, at
3:25
o'clock
p.M. JI'llllf / EOST, on the
day of
25
October
, 19_.2jat
~07 West Main Street. Mechanicsburq
, Cumberland County,
Pennsylvania, by handing to Elmer K. McClucas
~
Temporary Protective Order Notice Petition for
a true and attested copy of theTemporary Protective Order and Custody
and at the s~ time directing
his
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
14.00
5.60
19.60
;~s~~<~
R. Thomas Kline, Sheriff
Sworn and subscribed to oofore rre
by _~~
:i;; - -
.~ -
Deputy S Ie . f
this ,_
day of ~~tJ._ ,
19
11'/ A.D.
(~c.
nL CL_ ~
,
Prothonotary