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HomeMy WebLinkAbout95-05341 ,~.~: KATHY J. McCLOSKEY, plaintiff I IN THE COURT OF COMMON PLEAS OF I 1 CUMBERLAND COUNTY, PENNSYLVANIA 1 v. NO. 95- 6J~/CIVIL TERM PROTECTION FROM ABUSE GARY E. COLE, Defendant T".O...Y ..OT.CTIOM O.D" AND NOW, this t~ day of october, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, KATHY J. McCLOSKEY, now residing at 110 W. Coover street, Mechanicsburg, cumberland county, Pennsylvania, is in immediate and present danger of abuse from the defendant, GARY E. COLE, the following Temporary Order is entered. The defendant, GARY E. COLE, SSNI162-48-1805 and 008111/12/60, now residing at 1803 Holly street, Harrisburg, Dauphin county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, KATHY J. McCLOSKEY, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff'S residence located at 110 W. Coover street, Mechanicsburg, Cumberland county, Pennsylvania, a residence which is leased solely by the plaintiff. The defendant is ordered to refrain from having any direct or indirect 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 harassing 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 thie Order asy eUbject the defendant tOI i) arrast under 23 'a.c.l. 1'113; ii) a private cri.inal co.plaint under 23 'a.c.I. ,'113.1; iii) a charie of indirect cri.inal oont.-pt under 23 'a.C.I. "114, punishable by i.prisonaent up to si. .onths and a fine of tl00.00-tl,000.00; and iv) civil oont.-pt under 13 'a.C.I. ,'114.1. .esuaption of co-residencs on the part of tbe plaintiff and defendant shall not nullify tbe provisions of the court order. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date 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. A hearing shall be held on this matter on the 1ft f/, day of October, 1995, at If, .-il! '\ .m., in Courtroom NO.4, Cumberland County Courthouse, Carlisle, Pennsylvania. 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 rule of civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Mechanicsburg and Camp Hill Police Departments will be provided with certified copies 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 pre.ence of the police officer. In the event that an arrest is ..de, under this section, the defendant shall be taken without unnece.sary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. S 6113). By the Court, , Judge I KATHY J. McCLOSKEY, Plaintiff 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM GARY E. COLE, PROTECTION FROM ABUSE Defendant .OTIC. You have been sued in court. If you wish to defend against the claims set 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. r..1 aMD COIT8 If the case goes to hearing and the judge grants a Protection order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorneI fees to Legal Services, Inc. for their representation of the pla ntiff. You sbould take tbis paper to your lawyer at once. If you do not bave a lawyer or cannot afford one, 90 to or telepbone the office .et fortb below to find out wbere you can vet leval belp. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER I (717) 240-6200 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. KATHY J. McCLOSKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM GARY E. COLE, PROTECTION FROM ABUSE Defendant . 0 TIC . You have been sued in court. If you wish to defend against the claims set 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. r..1 aMD COITI If the case goes to hearing and the judge grants a protection order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You sbould take tbi. paper to your lawyer at once. If you do not bave a lawyer or cannot afford one, VO to or telepbone tbe office set fortb below to find out where you can vet le9al belp. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER 1 (717) 240-6200 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. RATHY J. McCLOSKEY, IN THE COURT OF COMMON PLEAS OF plaintiff . . 1 CUMBERLAND COUNTY, PENNSYLVANIA v. 1 NO. 95- CIVIL TERM GARY E. COLE, . . Defendant PROTECTION FROM ABUSE . . .ITITIO. roa .aOTICTIOM oaDla .ILIlr UIlD.. 'l'BI .aO'1'ICTIOM raoll HU.I aCT, 23 'a.C.I. . '101 et ssq. a. DUI. 1. The plaintiff, RATHY J. McCLOSKEY, is an adult individual residing at 110 W. Coover street, Mechanicsburg, cumberland county, pennsylvania 17055. 2. The defendant, GARY E. COLE, SSNI162-48-1805 and 008111/12/60, is an adult individual residing at 1803 Holly street, Harrisburg, Dauphin county, Pennsylvania. 3. The defendant has had an intimate relationship with the plaintiff. 4. since approKimately 1992, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, 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 September 22, 1995, the defendant forcefully pushed the plaintiff in the upper chest, causing her to fall onto the Bofa. The defendant then raised his hand as if to hit the plaintiff, causing the plaintiff to fear for her safety. b. On or about July 16, 1995, the defendant repeatedly slapped the plaintiff about the head and face, grabbed the plaintiff's and tightened his grip, punched the plaintiff in the chin, and grabbed her by the shirt, ripping it. The defendant then hit the plaintiff several times in the face with a towel. The plaintiff ran to her car and the defendant reached in the window and grabbed her hair. The defendant restrained the plaintiff by gripping her hair, letting to only when she was able to start the car and drive away. The plaintiff suffered swelling and bleeding to her mouth and jaw, and sorness and a lump about her head. c. On or about Super Bowl night, 1995, the defendant came to the plaintiff'S residence after she had asked him not to. When the plaintiff dialed 911, the defendant grabbed her by the front of her robe and shoved her against the refrigerator. The defendant then got into the plaintiff'S face, and through clenched teeth threatened to kill the plaintiff. d. since 1993, the defendant has abused the plaintiff in ways inClUding, but not limited to, Shoving, choking, punching, and slapping the plaintiff. One one occal.ion, the defendant punched the plaintiff in the nose, causing bleeding. e. On or about September 26, 1995, the defendant called the plaintiff's babysitter and told her to tell the plaintiff that if she did not call him, he would show up at her work the next day, causing the plaintiff to fear for her safety because of psat abuse by the defendant and quit her job to insure her safety. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff inclUding, but not limited to, telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff'S relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. .. ATTOUIY r.11 10. The plaintiff aaks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.c.s. S 6101 at -.g., as a.ended, the plaintiff prays this Honorable Court to grant the followinq relief I A. Grant a Temporary Order pursuant to the "Protection from Abuse Actl" 1. Ordering the defendant to refrain from abusing the plaintiff or placinq 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 cOlllllunications; 3. Ordering the defendant to refrain from haras.ing and .talking the plaintiff end 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 the parties or OWned solely by the plaintiff; 6. Ordering the defendant to stay away from the plaintiff's residence located at 110 W. COover street, CarliSle, Cumberland County, Pennsylvania, which the parties have never shared; 7. Ordering the defendant to stay away from any re.idence the plaintiff may in the future 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 of one year: 1. ordering the defendant to refrain from abusing the plaintiff or 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 the parties or owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff'S residence located at 110 W. Coover street, Carlisle, Cumberland county, Pennsylvania, which the parties have never shared. 7. ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without pre-payment of fees by the plaintiff, and that certified copies of this petition and order be delivered to the Mechanicsburg and camp Hill police Department who have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, J n carey, At y for plaintiff L IIlVIO, -1.0. 8 Irvine Row carlisle, PA 17013 (717) 243-9400 The above-na.ed Plaintiff, Kathy J. McCloskey, verifies that the statements made in the above petition are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904, relating to unsworn fallirication to authorities. Date: It:. -' 'j - 9 c.::- .... " SHERIFF'S RETURN - OUT OF COUNTY CASE NOI 1995-05341 P COMMONWEALTH OF PENNSYLVANIA I COUNTY OF CUMBERLAND Mcel.OSKEV KATHV J V5. COLE GARV E R. Thomas Kline , Sheriff, who being duly sworn according to law. soya. thal he made a d11igent sgarch and inquiry for the within named defendant. to witl ~OLE~ARV E but was unable to locate __._.Him in his b~iliwlck. He therefore deputized the sheriff of DAUPHIN to serve the w1thin PROTECTIQlLLBOM ABUSE Counly, Pennsylvania. On October 1.3 tn, 1995 , this office was in receipt of Pl?nnsylvan1a. the attached return from DAUPHIN Cou n t y. Sheriff's Coslsl Docketing Out of County Surcharge So ons"r:rs ~.' . / ~o'(.//-": ..-// ~/<; _--"-~:.?-f.rT..~- _- (-:.,rt" R.' h~III~B K11ne; "herif! . ~'0 .00 .00 -5~ 00/00/0000 Sworn and subscribl?d lo before me lhis .IJ.<-f( day of 0!."1.(;1!{~--._. 19 c/ J~ A. D. '--- t,~ 1/ )1t..4~_...~~..:_____._ 7" t'r"olhonOCBJ"r t:;-- ~7:t" I...,;:'~', " ftt, .,,; ',,~' 'i~fh.~~, ~l:~ ~'_, .. ,t ?;.'~t"~~;'~~:" Jh -,,--,\', "' '."" ,:,;'" .... , COMMONWIlAI/l'lt OF PIlNNA: COUNTY 01' DAlJl'lllN: !II1lHUI'I"S RIl'l'lIRN NO, 95-5341 Civil Term I'Am, 21 AND NOW: Oct. 12th III 95 ,lit 9:35 Ai-I. :H-:HVlm 'I'11Ii WITHIN :2_----"-P.r.'?-t~~ion-.F.r<1f1l-abu~~ 1T.~pc;lr~ry PrQtection - Order, Noticl! U 1'0 N and Petihon Gary E. Cole II\' I'EHSONAI,I,Y IIANDING TO Gary E. Cole, Defendant A TRUll ATTESTED COpy 01' TIIIl ORIGINAl. Protection From Abuse, Temporary Protection Orde~1 Notice & Petition AND MAKINO KNOWN TO him 'rilE CONTHNTS 'l'III\HEOI' AT his dwelling place, 1803 Holly St. Harrisburg, Pa. ~......-'. ~..,,--..-.,., .,- ..~_.~ SO ANSWF.HS - ---.,... . -. SfJfiffl~ ~HIMf.~[NNA II\' __ ~t?/47'" I1El'lI'1'\' 811EHII'I' HWrJrn lInd Ruhllcrillllcl 1" bd orc me lh if; 12tr \ dilY of Oct, I'l 0tj);/I1J'LJ ~~, -l)~,tfU I'HO'l'1l0NO'1' AllY 95 !I111l1\11'1"tl Clltl'l' ... AI) H -IA > .'. .;".................................'1......:.-1...:..,.. _',. . .... .,.' .... .......,~'.~ .;.. . .'.' "--.----. HEAPING DATEI OCTOBER l6. 1995 . ... . . In. Tne Court Of C.:mmO:1 Fle:::s · C I d .. p' I or :"r..::..-:tilt'l:m .....:JU':i~.y, annsy vr::r:i= Kathy J. McCloskey 'is. Gary E. Cole :'{o, Q~-~141 rivil Tprm ':I ----7 .-- :iow, O....tQQVY" In. 1001; ~9_ I, SEZ:~::' 0: CmG::::=...!..~'m CO~TY. ~A.., co hc--by li.-pu= t!::l Sh::i:'i oi nRtlph i n C.:lIl:l'f to =.1U1 .:.t. W:::, :!::s ci.-puc:au =:br -....I. u == ~ :.:d :=~ of :he :)f~:-::i. r~~ Sl1L~ at C:::::!lul=d C~W1t7. :':1. . Affida.vit of Semc= ~OW, ~9 .. . .. o'cce ~L lC"'.-= :e ~d:!D 'Jpoll ~~ ay::mdi:q:a " c::UY oi ::e orl~_'....,1 .. ~ md -~.:. bawu :0 == ::::1t:::J ~:...::i. So =sw=, ShCii of CaW>!T. 1'.. Swat: :md sui::sc:-.:i:d !:Can: == :!:.!s by at l~_ COSTS SERv1C::: ~I1LZ.AGE A::IDA v"IT s "'--- s , KATHY J. McCLOSKE~! Pluntiff : IN THE COURT OF COMMON PLEAS OF : I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 95-5341 CIVIL TERM I : PROTECTION FROM ABUSE I v. GARY E. COLE, Defendant nella roa COIITIIlUUCI AND NOW, thb I f' day of october, 1995, upon consideration of the attached Motion for continuance, the matter scheduled for bearing on october 16, 1995, at 10:30 a.m., by this Court's order of october 6, 1995, is hereby continued generallY, This Order is entered without prejUdice to either party to request a hearing. The Temporary Protection order will remain in effect for a period of one year or until a final order is entered in this case. certified cop is. of this order for continuance will be provided to the Mechanicsburg and Camp Hill police Departments by the plaintiff'S attorney. By the court, ." /J.d- A. Hess, Judge Ocr /9 1/ 2dH '95 .' 1;1;1" ':;' i' . ~f. ;.\h) Ie ' < ofT . . KATHY J. McCLOSKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff I I CUMBERlAND COUNTY, PENNSYLVANIA v. I NO. 95-5341 CIVIL TERM GARY E. COLE, Defendant PROTECTION FROM ABUSE IIOTIO. rOR COIl'1'IMUUCI The plaintiff moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds thatl 1. A Tgmporary Protection Order was issued by this Court on October 6, 1995, scheduling a hearing for October 16, 1995, at 10130 a.m. 2. The Cumberland County Sheriff's Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order. 3. The defendant indicated to Legal Services, Inc., that he desired to enter into a Consent Agreement. 4. The plaintiff requests that the hearing be generally continued to afford the parties time to execute the Consent Agreement. 5. The plaintiff requests that the Temporary Protoction Order remain in effect pending further Order of Court. 6. certified copies of the Order for continuance will be delivered to the Mechanicsburg and Camp Hill Police Departments by the attorney for the plaintiff. , '. WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Temporary protection Order remain in effect until further Order of Court. Respectfully submitted, ,'rrL..t./ 0<(.',1. ( J n Carey, Attorney for Plain iff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 \" !f' ;"< ,- :c ;1'; ..... .:l" :J' f---' I- t-> = . "