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Home My WebLink About95-05016 CAROLL L. McCLIMANS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff for herself and on behalf of her minor child CIVIL ACTION - LAW v, NO, (I ~'- 'J V II.., C.i.U-..) VA-_ DARYL S, McCLIMANS, Defendant PROTECTION FROM ABUSE : AND CUSTODY TEMPORARY PR9TECTIVE ORDER AND NOW, this J (.of day of " b/l ~J, 1995, upon presentation and consideration of the within Petitt on, nd upon finding that the Plaintiff, CAROlL L. McCLIMANS, and her minor child, now residing at 501 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania, are in immediate and present danger of abuse from the Defendant, DARYL S. McCLIMANS, the following Temporary Order is entered, The Defendant, DARYL S. McCLIMANS, whose current place of employment is the AAA Central Penn Auto Club office located at 2301 Paxton Church Road, Harrisburg, Pennsylvania, is hereby enjoined from physically abusing the Plaintiff, CAROLL L. McCLIMANS, or her minor child or other members of Plaintiff's family, or placing them in fear of abuse and is ordered to stay away from Plaintiff and her minor child, wherever they may be, including Plaintiff's current residence at 501 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania, Plaintiff's place of employment at the Rossmoyne Business Center, Cumberland County, Pennsylvania; and Plaintiff's minor child's school. The Defendant is ordered to refrain from having any contact with the Plaintiff including, but not limited to, restraining the Defendant from entering the residence and place of employment of the Plaintiff and from harassing the Plaintiff, the Plaintiff's family or minor child, her employer or co-workers. The Defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or solely by Plaintiff. This Order shall remain in effect until a final order is ntered in this case, A hearing shall be held on this matter on the Zp, l' day ofU'Jl4L}.f995, at / I : [:0 , ...Lt.m, in Courtroom No, ,'j , Cumberland County Courthouse, Carlisle, Pennsylvania, The Defendant is hereby notified that if he violates 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 the Defendant shall not nullify the provisions of this Order directing the Defendant to refrain from abusing the Plaintiff and her minor child, The Cumberland County Sheriffs Office shall attempt to make service at the Plaintiffs request, but service may be accomplished under any applicable rule of Civil Procedure. The Mechanicsburg Police Department will be provided with a copy of this Order by the attomey for the Plaintiff. 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 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 that Court is unavailable, the Defendant shall be arraigned before the appropriate district justice. (23 Pa.C,S.A. Section 6113), BY THE COURT: \,~('-c<.\ L f{/ ([{i~)"!;("ljl ~. IJif'-", J, CAROLL L, McCLIMANS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff for herself and on behalf of her minor child CIVIL ACTION - LAW v, NO, li S', ~";)/v (l....~.1 -r;~ DARYL S, McCLIMANS, Defendant : PROTECTION FROM ABUSE NonCE TO DEFEND You have been sued in court by the above-named Plaintiff. A copy of the Petition stating the basis for this action is attached, If you wish to defend against these claims, you must appear at the hearing at the time and place set forth on the attached Temporary Order. If you fail to appear at the hearing at that time and place, an Order may be entered against you in your absence providing the relief requested by the Plaintiff and/or a bench warrant directed to the Sheriff ordering him to produce you at a later hearing may be issued. The terms of the attached the Temporary Order are binding on you until the hearing. This Temporary Order can be enforced by the Police, your are entitled to have an attomey represent you at the hearing and your or your attorney may file in writing with the Court your defense or objections to the claims of the Plaintiff, or present evidence at the hearing to refute these claims, YOUR SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE: Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 2~200 CAROLL L. McCLIMANS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff for herself and on behalf of her minor child CIVIL ACTION - LAW v. NO. 'h--'f(}/~ CwJ u- DARYL S. McCLIMANS, Defendant : PROTECTION FROM ABUSE : AND CUSTODY PEnnON FOR A TEMPORARY PROTECTIVE ORDER At![) EXCLUSIVE POSSE~SION OF MARITA~ The Plaintiff/Petitioner, CAROLL L. McCLIMANS, by and through her counsel, Thomas M, Kutz, Esquire, requests that a Protection from Abuse Order pursuant to the Pennsylvania Protection from Abuse Act be issued against the DefendanURespondent, DARYL S. McCLIMANS, In furtherance of this request the Plaintiff avers as follows: 1, That Plaintiff and Defendant were married on December 5, 1987, in Cumberland County. 2, The Plaintiff is the mother of the minor child, Laura McCorkel; said child being fourteen years old and currently in the custody of the Plaintiff at the marital home, ~ 3. The most recent incident of abuse leading to this Petition is as follows: a. On Thursday evening, September 14,1995, Plaintiff, Defendant and Plaintiff's daughter were at the marital home located at 501 West Main Street, Mechanicsburg, Pennsylvania. b. At approximately 8:20 p.m., Defendant, while in the presence of Plaintiff's minor child, began to argue wilh Plaintiff conceming the manner in which he was providing religious training to Plaintiff's daughter. c, As a result of this argument Defendant repeatedly ordered Plaintiff to leave the room, Plaintiff refused to leave and remained seated on a couch in the room, d. Upon Plaintiffs refusal to leave, Defendant grabbed Plaintiff by her ankles and dragged her from the couch and into an adjacent room, e. At approximately the same lime as Defendant was dragging Plaintiff from the room, Plainliff's daughter began to cell emergency services via "911". f. Defendant returned to the room in which Plaintiff's daughter was placing the "911" cell; struck Plaintiff's daughter on her arm and disconnected the telephone from its wall jack. g. Defendant then pursued Plaintiff into the kitchen and resumed arguing with her; during the course of the exchange in the kitchen Defendant slapped Plaintiff on her face with his open hand and verbally threatened to strike Plaintiff again. h. Plaintiff succeeded in ending the argument and shortly thereafter the Mechanicsburg Police arrived at the home in response to the Plaintiff's daughter's placing the "911. cell, i. As a resull of the police investigation Defendant was arrested and removed from the home; Plaintiff further believes and therefore avers that various criminal charges are pending against Defendant as a result of the previously described incident. 4. As a result of the previously described incident, Plaintiff believes and therefore avers Ihat she and her minor child are in immediate and present danger of abuse from Defendant and that she and her minor child are in need of protection from abuse, 5. The home from which Plaintiff is asking the Court to exclude the Defendant is jointly owned by Plaintiff and Defendant and is located at 501 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 6. Plaintiff currently has no place 10 sey with her minor child except the marital home. 7. Plaintiff is unaware of where Defendant is currently residing but believes and therefore avers that Defendant has adequate accommodations available to him with his family located in Mechanicsburg, Pennsylvania, or at Ihe family cabin located between Laurel Lake and Pine Grove Fumaca Slate Parks, WHEREFORE, Plaintiff requests this Court to: 1. issue a Temporary Protective Order, and after hearing, a Final Order enjoining the Defendant from physically abusing the Plaintiff and her minor child and other members of her family or from placing them in fear of abuse and to stay away from Plaintiff and her minor child; 2. grant possession of the marital home located in Mechanicsburg, Pennsylvania, 10 Plaintiff to the exclusion of Defendant and to order Defendant 10 stay away from any residence Plaintiff may establish for herself and her child in the future; 3. enjoin Defendant from removing, damaging, destroying or selling any property owned jointly by the parties or solely by Plaintiff; and 4. order Defendant to pay Plaintiffs costs of filing and service and reasonable attomey's fees in connection with this Petition and such other relief as may be just and proper. , 219 East Main Street Mechanicsburg, PA 17055 Telephone: (717) 795-9277 ~ I verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unsworn falsification to authorities, azlUIJ of21'{lb;nrtuuv CAROLL L, McCLIMANS J ~. ~~ ~ ,0 'ri I;; ~ )- . ~ ~ E) . . ',~~:_:.,_~. :>>;'__~~J--' ,.;it! {It: o~gj... 0 ... o~:8z ,;: #i~Q~ 0" _~:.e.~-~~ , ,~t.l......l"" ;;.,,--fZ:i!. ~'~1.b. . ,,,;rt:! " '"'> ~.u . - ...., Ib Coi'j" , ~- . -,-~' . ". ~ ~ ~ ~ . . SEP 2 1 1995 pJ... CAROLL L. McCLIMANS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff for herself and on behalf of her minor child CIVIL ACTION - LAW v. NO, 95-5016 DARYL S. McCLIMANS, Defendant : PROTECTION FROM ABUSE J, ORDER FO~ CONTINUANCE AND NOW, this ?J ~ day of September, 1995, upon consideration of the attached Motion for Continuance, this mailer is continued generally. This Order is entered without prejudice to either party to request a hearing, The Temporary Protection Order shall remain in effect for a period of one year or unlil modified or terminated by the Court after nolice or hearing. A certified copy of this Order for Continuance shall be provided the Mechanicsburg Police Department by Plainliff's allomey. By the Court Thomas M. Kutz, Esquire - (}J... ("fw4 ,~... 'i .;1fj~- Attorney for Plaintiff / Timothy Keating, Esquire . )1r~ ~..t" <I/~) J Attorney for Defendant CAROLL L. McCLIMANS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff for hersalf and on behalf of her minor child CIVIL ACTION - LAW v. NO, 95-5016 DARYL S. McCLIMANS, Defendant : PROTECTION FROM ABUSE The Plaintiff, through her counsel, moves the Court for an Order continuing generally the hearing in the above-captioned case based upon the following: 1. A Temporary Protection Order was issued by this Court on September 21, 1995, scheduling a hearing for September 28, 1995, at 11:00 a,m. 2. The allorney for Ihe Defendant accepted servica of Plaintiff's petition and the Temporary Protection Order on behalf of the Defendant on September 22, 1995, 3. Defendant's attorney has informed Plaintiff's attorney that the Defendant will enter into a consent agreement complying with the relief requested in Plaintiff's petition. 4, As a result of the proposed consent agreement, Plaintiff's attorney and Defendant's attorney have agreed to a general continuanca of the September 28, 1995, hearing to allow an opportunity to complete the consent agreement. WHEREFORE, Plaintiff, through counsel, requests that this Court granl this Motion to continue this matter generally and that the Temporary Protection Order remain in effect until further Order of Court. - -/ff' /d'::-;-n, , Thomas M. Kutz. Esquire) plaintiff "-~Y 219 East Mal Mechanicsburg, PA 17055