HomeMy WebLinkAbout95-03425
SHERRY McCLINTOCK,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-.l'IJ-SCIVIL TERM
SCOTT McCLINTOCK,
Defendant
PROTECTION FROM ABUSE
TBKPORARY PROTBCTION ORD!R
AND NOW, th i s ..1.1.. t~
day of June, 1995, upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff, SHERRY MCCLINTOCK, now residing at an undisclosed
location in Cumberland County, Pennsylvania, is in immediate and
present danger of abuse from the defendant, SCOTT McCLINTOCK, the
following Temporary Order is entered. Law enforcement agencies,
human service agencies and school districts shall not disclose
the presence of the plaintiff 1n the jurisdiction or district or
furnish any address, telephone number, or any other demographic
information about the plaintiff except by explicit permission of
the plaintiff or further Order of Court.
The defendant, SCOTT MCCLINTOCK, (SSN: 198-60-4250) (D.O.B.:
01/18/72) now residing at 111 Amy Drive, Carlisle, Cumberland
County, Pennsylvania, is hereby enjoined from physica1.ly abusing
the plaintiff, SHERRY McCLINTOCK, or placing her in fear of
abuse.
The defendant is ordered to stay away from the plaintiff'_
residence, a residence to which the plaintiff moved to avoid
abuse, which is not owned or leased by the defendant.
The defendant is ordered to refrain from having any direct
or indireot contact with the plaintiff including, but not limited
to, telephone and written communications.
The defendant is enjoined from harassing and stalking the
plaintiff and from hRrassing the plaintiff's relatives.
The defendant is enjoined from entering the plaintiff's
place of employment.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties
or owned solely by the plaintiff.
A violation of this Order .ay subject the defendant tOI i)
arre.t under 23 Pa. C.8. 5'113; ii) a private criminal complaint
under 23 Pa. C.8. 5'113.1; iii) a oharqe of indirect criminal
oonte.pt under 23 Pa. C.8. 5'114, puni.hable by imprisonment up
to .ix .onths and a fine of '100.00-'1,000.00; and iv) civil
oonteapt under 23 Pa. C.8. 5'114.1. ae.umption of co-re.idenoe
on the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
This Order shall remain in effect until modified or
terminated by the Court after notice or hearing and can be
extended beyond that time if the Court finds that tha defendant
has committed another act of abuse or haa engaged in a pattern or
practice that indicates continued risk of harm to the plaintiff.
A hearing shall be held on this matter on the
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day of/,' "')
~, Cumberland County Courthouse, Carlisle, Pennsylvania.
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, 1995, at
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in Courtroom No.
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff'S request and without pre-payment
of fees, but service may be accomplished under any applicable
rulo of civil Procedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service. Tho
Prothonotary shall not send a copy of this Order to the defendant
by mail.
The police department where the plaintiff resides shall be
provided with a certified copy of this Order by the plaintiff'S
attorney. This Order shall be enforced by any law enforcement
agency where a violation occurs 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 policl! officer. In the event that an arrest is
made, under this section, the defendant shall be taken without
unnecessary delay before the court that issued the order. When
that court is unavailable, the defendant shall be taken before
the appropriate district justice. (23 P.S. S 6113).
By the Court,
--J ' uI~1o V~ (d..
~BTITION rOR PROTBCTION ORDBR
RBLIBr UNDIR THI PROT~CTION rRON ADUSI
ACT, 23 P.S. S 6101 .t Ilq.
A. ADUSI
1. The plaintiff, SHERRY McCLINTOCK, is an adult
individual whose permanent address is 111 Amy Drive, Carlisle,
Cumberland County, Pennsylvania 17013.
2. The plaintiff is temporarily staying at an undisclosed
location for her own protection and to avoid further abuse as is
more fully set forth herein. This address will be furnished to
the court upon request.
3. The defendant, SCOTT McCLINTOCK, (SSN: 198~60-4250)
(D.O.B.: 01/18/72), is an adult individual residing at 111 Amy
Drive, Carlisle, Cumberland County, Pennsylvania, 17013.
4. The defendant is the husband of the plaintiff.
5. Since approximately April, 1995, the defendant has
attempted to cause and has intentionally, knowingly, or
recklessly caused bodily injury to the plaintiff, has committed
spousal sexual assault, has placed the plaintiff in reasonable
fear of imminent serious bodily injury, and has knowingly engaged
in a course of conduct or repeatedly committed acts toward the
plaintiff under circumstances which have placed the plaintiff in
reasonable fear of bodily injury. This has included, but is not
limited to, the following specific instances of abusel
a) On or about June 19, 1995, the defendant became
angry with the plaintiff when she refused to have sex
with him. The defendant grabbed the plaintiff'S arm,
but the plaintiff resisted and the defendant finally
released the plaintiff'S wrist. As a result of the
defendant's abuse, the plaintiff suffered soreness
about her wrist and bruising to her wrist.
b) On or about June 18, 1995, the defendant became
angry with the plaintiff and picked up the couch on
which the plaintiff was sitting, causing her to fall
off the couch and onto the coffee table. The defendant
then kicked a brass lamp, causing the light bulb to
shatter so that splinters hit the plaintiff in the
head. The defendant then picked up the lamp and threw
it at the plaintiff, hitting the plaintiff on the side
of her head. The plaintiff attempted to escape, but
the defendant grabbed hold of her arms, preventi.ng her
from leaving. When the plaintiff wau able to get away
from the defendant, she ran to a neighbor's house. The
defendant followed the plaintiff and demanded that she
return home with him. The plaintiff refused, and the
neighbor called the police. As a result of the
defendant's abuse, the ~laintiff suffered soreness to
and bruises on her legs and arms.
0) On or about June 11, 1995, the defendant became
angry with the plaintiff and yelled at her with his
face almost touching hers. The defendant then took the
plaintiff's car and truck keys, cut the phone lines and
left in the plaintiff's car. When he returned he
continued to yell at the plaintiff. Shortly
thereafter, the defendant told the plaintiff that he
wanted to have sex, but she refused his advances and
went to a different room. Later, when the plaintiff
turned on the light in the bedroom, the defendant
jumped up from the bed and told her that if she turned
on the light one more time he was going to slit her
throat.
d) In or about April or May, 1995, the defendant
wanted to have sex with the plaintiff, but she refused.
The defendant proceeded to have sex with the plaintiff,
over her objectio:.s and sobs.
e) In or about April, 1995, the defendant became
angry with the plaintiff and tried to force her to come
to bed with him by picking her up. When she resisted,
the defendant grabbed the plaintiff's ankles and
attempted to pull her off the couch. The plaintiff
became frightened by the defendant's behavior and told
him she was going to leave. The defendant said she
could not leave and took away her car keys. The
plaintiff tried to get the keys back, but the defendant
pushed the plaintiff away. The plaintiff ran to the
phone and dialed 911. The defendant pulled the phone
out of the plaintiff's hand and hung it up, but 911
called back. Before the police came, the defe~dant
opened the front door and kicked out the bottom part of
the screen door. When the police arrived, the
defendant told them that the plaintiff had pushed him
out the door.
6. On or about June 20, 1995, the plaintiff left her
residence at 111 Amy Drive, carlisle, Cumberland county,
Pennsylvania, in order to avoid further abuse.
7. The plaJ.ntiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant
should she return to the home and that she is in need of
protection from such abuse.
8. The plaintiff desires that the defendant be prohibited
from having any direct or indirect contoct with the plaintiff
including, but not limited to, telephone and written
communications.
9. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
10. The plaintiff desires that the defendant be restrained
from entering her place of employment.
11. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
jointly by the p~rties or owned solely by the plaintiff.
I. ATTORNIY rill
23. The plaintiff asks that the defendant be ordered to pay
reasonable attorney fees to Legal Services, Inc.
WHEREFORE, pursuant to the provisions of the "prote-.:tion
from AbuBe Act" of October 7, 1\176, 23 P.S. S 6101 !l..t u.g., as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Tempcrary Order. pursuant to the
"Proteotion from Abuse Aot:"
1. Ordering the defendant to refrain from
abusing the plaintiff and from placing her in fear
of abuse;
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications;
3. ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives;
4. Prohibiting the defendant from entering the
plaintiff's place of employment;
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by tha parties or owned solely by the
plaintiff;
7. Ordering the defendant to stay away from the
plaintiff'S current residence, which the parties
have never shared;
8. ordering the defendant to stay away from any
residence the plaintiff may in the futuro
establish for herself;
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 o~ one year:
1. Ordering the defendant to refrain from
abusing the plaintiff and from placing her in fear
of abuse;
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications;
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff'S relatives;
4. Prohibiting the defendant from entering the
plaintiff'S place of employment;
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSVLVANIA
NO. 95-3425 CIVIL TERM
PROTECTION FROM ABUSE
Sherry McClintock,
plaintitr
Scott McClintock,
Defendant
AND NOW, thia
lBOTECTIOH ORDER
day of July, 1995, upon consideration of
the Consent Agreement of the parties, the following order is
entered:
1. The defendant, Scott Mcclintock, is enjoined from
physically abusing the plaintiff, Sherry McClintock, and from
placing her in fear of abuse.
2. The defendant is enjoined from having any direct or
indirect contact with the plaintiff including, but not limited
to, telephone and written communications.
3. The defendant is ordered to refrain from harassing or
stalking the plaintiff and from harassing the plaintiff'S
relatives.
4. The defendant is prohibited from entering the
plaintiff'S place of employment.
5. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
6. The defendant is ordered to stay away from the
plaintiff'S residence, which the parties have never shared.
7. The defendant is ordered to stay away from any
residence the plaintiff may in the future establish for herself.
B. Court costs and fees are waived.
9. This Order shall remain in effect for a period of one
(1) year and can be extended beyond its original expiration date
if the Court finds that the defendant has committed an act of
abuse or has engaged in a pattern or practice that indicates risk
of harm to the plaintiff on a continued basis. This Order shall
be enforceable in the same manner as the Court's prior Temporary
Protection Order entered in this case.
10. 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.
11. The Pennsylvania state Police shall be provided with a
certified copy 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 police officer. In the event that an arrest is
made under this section, the defendant shall be taken without
unnecessary delay before the court that issued the order. When
SHERRY McCLINTOCK,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN~Y, PENNSYLVANIA
95-3425 CIVIL TERM
SCOTT McCLINTOCK,
Defendant
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
IN REI PLAINTIFF'S PETITION FOR PROTECTION ORDER
ORDER OF COURT
AND NOW, this 28th day of July 1995, upon
consideration of the Plaintiff.'s Petition for Protection Order
under the Protection from Abuse Act, and fOllowing a hearing at
which the Defendant did not appear, notwithstanding that he
received notice of the hearing date, time and place, the Court
finds that the allegations of the Plaintiff's petition with
respect to abuse have been proven by a preponderance of the
evidence, and that the Defendant has attempted to cause and has
intentionally, knowingly or recklessly caused bodily injury to
the Plaintiff, has committed spousal sexual assault, has placed
the Plaintiff in reasonable fear of imminent serious bodily
injury, and has knowingly engaged in a course of conduct or
repeatedly committed acts toward the Plaintiff under
circumstances which have placed the Plaintiff in reasonable fear
of bodily injury. Consequently, it is ordered and directed as
follows:
1. The Defendant, Scott McClintock, is enjoined
from physically abusing the Plaintiff, Sherry McClintock, and
from placing her in fear of abuse.
2. The Defendant is enjoined from having any
direct or indirect contact with the Plaintiff including, but not
limited to, telephone and written communications.
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3. The Defendant is ordered to refrain from
harrassing or stalking the Plaintiff and from harassing the
Plaintiff's relatives.
4. The Defendant is prohibited from entering the
Plaintiff's place of employment.
5. The Defendant is prohibited from removing,
damaging, destroying or selling any property owned by the
Plaintiff or jointly owned by the parties.
6. The Defendant is ordered to stay away from
the Plaintiff's residence, which the parties have never shared.
7. The Defendant is ordered to stay away from
any residence the Plaintiff may in the future may establish for
herself.
B. The Defendant shall bear the costs and fees
in these proceedings.
9. Attorney's fees in favor of the Plaintiff and
against t~e Defendant are awarded in the amount of $200.00.
10. This order shall remain in effect for a
period of one (1) year and can be extended beyond its original
expiration date if the Court finds that the Defendant has
committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to the Plaintiff on a
continued basis. This Order shall be enforceable in the same.
manner as the Court's prior Temporary Protection Order entered
in this case.
11. This order may subject the Defendant to:
i) arrest under 23 Pa. C.S. Section 6113; ii) a private criminal
..
compl~int undflr 23 Pa. C.S. soction 6113.1; iii) a charge of
indireot criminul contempt under 23 Pa. C.S. section 6114,
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.
section 6114.1. 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 Police shall be
provided with a certified copy 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 ;Iot the violation is
committed in the presence of the police officer. In the event
that an arrest is made under this section, the Defendant shall
be taken without unnecessary delay befor.e the Court that has
issued the Order. When the Court is unavailable, the Defendant
shall be taken before the appropriate district justice (23 Pa.
C.S. Section 6113).
By the Court,
,'~/
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JI Wesley Oler,
.'
Joan Carey, Esquire
Counsel for Plaintiff
Soott McClintock
111 Amy Drive
Carlisle, PA 17013
lt
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COMMONWl':AI/I'1\
IN 'I'm: COUR'I' Of' COMMON PLEAS OF
CUMBRRLAND COUNTY, PENNSYLVANIA
V.
TERM 6. NO.
PROB. NO.
CHARGE:
1995'53425
31604
CASE TRANSFERRED
FROM CIVIL DIVISIO
SCOTT MCCLINTOCK
OTN: AFFIANT:
IN RE: PE'l'I'l'ION FOR RUI,E TO SHOW CAUSE WHY '['HE DEFENDANT SHOULD
NOT BE HELD IN CONTEMPT OF COURT
AND NOW, January lB, 1996,
the ProbatLon Office of cumberland
County, respectfully petitions Your Honorable Court to issue a Rule
why the defendant should not be held in contempt of court.
The defendant has failed to comply with the Court Order dated
7/2B/1995.
The defendant has failed to:
1. Report to the Probation Office in person at the time and date
set by the Collections Officer.
2. Make regular payments on the fines, costs, and restitution as
agreed.
The defendant has agreed to pay
$291.30 per month.
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3. Other:
Date last paid was 0/00/0000.
The balance is
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$291.30.
I verify that the facts set forth in this petition are true and
correct to the beat of my knowledge or information and belief. This
verification is made subject to the penalties of section 4904 of the
Crimes Code (IB Pa. C.S. @4904) relating to unsworn falsification to
authori ties.
Respectfully submitted,
<' ~~ / ~" I '. f
Petitioner
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COMMONWEALTH I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PF.NNSYLVANIA
I
V. I 95-53425 CRIMINAL TERM /
I
I CHARGE: CASE TRANSFERRED
SCOTT MCCLINTOCK I FROM CIVIL DIVIS IN
IN REI PETITION FOR CONTEMPT OF COURT
ORDER OF COURT
AND NOW, this 18th day of october, 1996, the defendant
having paid in full all Bums owed, the Petition for Contempt of
Court is dismissed.
By the court,
//<1
HeSB, J.
Office of the District Attorney
Probation Office
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