HomeMy WebLinkAbout96-00921
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Plaintitl'may live Exclusive possession of the residence is granted to Plaintilr Defendant shall
have no right or privilege to enter or be present on the premises
o On __ at ____ m . Defendant may enter the residence to retrieve his/her clothing
and other personal elTects. provided that Defendant is in the company of a law
enforcement ol1icer when such retrieval is made.
lB>) Defendant is prohibited from having ANY CONTACT with the PlaintitT at any
location. including. but not limited to, any contact at the Plaintil1's place of employment
Defendant is specifically ordered to stay away from till: following locations for the duration of this
Order Plaintilrs place of employment lit Book-Of-"fhe-Month Club in ClImp II ill,
Cumberlllnd County, Pennsylvania.
lB>.j Defendant shall not contact the Plaintil1' by telephone or by any other means,
including third parties.
o
Custody of the minor children. shall be as follows' not applicable.
5.
o 6 Defendant shall immediately turn over to the Sherin's Office. or to a local law
enfiJrccment agency for delivery to the Sherin's Ollice. the following weapons used or threatened
to be used by Defendant in an act of abuse against PlaintilT.
o 7. Defendant is prohibited Irom possessing. transferring or acqumng any other
weapons for the duration of this Order. Any weapons delivered to the sherin' under Paragraph 6
of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further
Order of Court.
lB> 8.
The lollowing additional relief is granted as authorized by 96108 of this Act:
This Order shall remain in elTect until modified or terminated by the Court and can be
extended beyond its original expiration date if the Court linds that Dcfendant has
committed an act of abuse or has cngaged in a pattern or practice that indicates risk of
harm to Plaintitl'
The Defendant is enjoined trom damaging or destroying any property owned jointly by the
parties or owned solely by Plaintilr
The Defendant is to retrain from harassing Plaintiffs relatives
o 'l Defendant is directed to pay temporary support lor _ as lollows:_ This Order
lor support shall remain in elTectuntil a linal support order is entered by this Court. However.
this Order shall lapse autumatically if Plaintitl' does notlile a complaint for support with the Court
NOTICE TO THE DEFENDANT
VIOLATION OF TillS ORDER MAY RESULT I~ YOllR ARREST ON Tin:
CHARGE OF' INDiRECT CRIMINAL CONTEMPT \\'11I<:11 IS PUNISHABLE BY A
t'INE OF UP TO 51,000 AND/OR A JAIL St:Nn:NO: ew liP TO SIX MONTlIS. 23
PA.C.S. g61l4. VIOLA"fION MAY ALSO SI18...:CI' YOII TO PROSt:nJ"nON AND
CRIMINAL PENALTIF.S lINIlt:R nn: Pt:NNSYLV,\Nlt\ CRIMt:S COIlt:. nlls
ORDER IS F.NFORn:,\RH IN A 1.1. HfoTY 1M) STATF.S. TIIF. DISTRICT OF
COLUMBIA, TRIBAL LANDS, 1'.S. n:RRITORIt:S, .\~D Tin: CO'\IMONWE,\LTlI
OF PUERTO RICO liNDER TilE V10U:Nn: ,\(;AI~ST WO~IEN ACTION, 18 V.S.C.
g2265, IF YOU TRAVEL OUTSIDE Ot. 'I'm: s'un: AND I:'iTE~TIONALLY
VIOLATE TillS ORDER. YOU M,\\' Bt: SliO,JECT TO n:DERAl. CRIMINAL
PROCEEDINGS UNDER TlIAT ACT. 18 U.S.c. ~~ 2261-2262. It. PARAGRAPH 12 OF
THIS ORDER liAS BEEN CIIU'KEI). YOII MAY Ot: SIIDJt:("r TO FEDERAL
PROSEClITION AND PENALTIES IINDt:R TilE "ORADY" PROVISIONS OF THE
GUN CONTROL ACTION. 18 1I.S.C. !l922IC;). FOR POSSESSION, TRANSPORT OR
RECEIPT OF FIREARMS OR AI\II\JliNITlON.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiffs residence OR any location where a
violation of this Order occurs OR \\ihere Defendant may be located. shall entorce this Order. An
arrest lor violation of Paragraphs I through 7 of this Order may be without \\iarrant. based solely
on probable cause. whether or not the violation is committed in the presence of the police. 23
PaeS. *6113.
Subsequent to an arrest. the police officer shall seize all weapons used or threatened to be
used during the violation of thc Protection Order or during prior incidents of abuse. The
Cumberland County Sheriff s Depanmcl!t shall maintain posscssion of the weapons until further
Order of this Court, When Delendant is placed under arrest lor violation of the Order. Defendant
shall be taken to the appropriate authority or authorities belore whom Delendant is to be
arraigned, A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by
the police ollicer OR Plaintill: Plaintill's presence and signature are nol required to file the
complaint
The derp'lfl"nl j!i o,.,It'r..d I.ll r..r"'lIin f,'om hllvinl{ IIny rli""t'1
llr' inrlir"cI conlll('t with Ih.. plllinliff includln!!, bul not Ilullt..d
1,0, telephone IInd wrltt.en communir'flt.lonH, .ut'erL for the limil..d
(lurpO!ie of faei I ilatln!!! clIRlorly arr...n!!!emenls.
The rlefen.h,nt. is enjolued from harllRRin!!! IInd stnlking the
pla!ntlCf IInd from hurns"in!!! t.he plllinliff'" relnt.iv..", or t.he
minor :::hi Jrlren.
rhe defendllnt iH ..nJoined from ent..rlng the I'llIint.lfC's
pInt's of ..mployment or the schools of t.he minor children.
The defendant is ..nJolned from rpmovin!!!, dnmllgln!!,
d"Rtroyln!!! or "..11 in!!! IIny proper'ly own..d Jointly hy I,he pllrtle!'!
or' own"d "ol..\y by Ih.. pl.linUfr.
A vlolat.lon of thlH Orrler may HlIbJect the defendant t.o: I)
IIrr"st IInder 23 Pa.C.S. g6113; II) a private criminal complaint
IInder 23 Pa.C.S. g6113.1; ill) Il charge of indirect criminal
cont.pmpt IInder 23 Pn.C,S. g6114, plIniRhahl.e hy Impri"onment. III' t.o
"Ix mont.hs Ilnd n fine of $tOO,OO-$I,OOO,OO; Ilnd iv) civil
cont..mpt IInd..r 23 plI.0.S. g6It4.1. ReRlImption of no-residence on
t.he part. of t.he plIlint,j ff an.\ defendant shllll not. oull i fy the
provislonR of t.he cOllrt order.
Thi.~ Ordf"r ~hall rplllHin in pfff..(.t IInLil morlifi,--d or
Ip,'min"I,,,d hy t.he (~Oll'" and eRn he """-nd,,d IJ(.yond its origin"l
"'pirnl ion dnt" if Ihe COllrt find" t.hal, U... dpf..ndanl hll!i
CUHllhi I.tpd flnnt.hf*[' net of abll~f'" Of' hHS pngagf-'d in a patt€>rn or
pr'H,.r-tice that indicHtp~ ('nnt irJlIf'd r'i4k of hal'lll t.o thp plnint.iff.
Tprnpo"1\ry cllstndj' of nj'lnrl ,J. flnd Waylnn .J. Wil('ox j!.; h("I'~by
HWHr'dpd t.o tJu. 1'1lllntifr, rarol K. Wilen\".
A h",,,'ing "h.d I b" h..ld on thl" JIIi-\ttt... on t.hp ,) 1 "'-"day of
F,'brllar'y, 19911, at. _~~prn" in COllrlroorn NO'L' Cumber'land
COllnty COllrthollse, CarlisI.., P..nnHylvanl".
Th.. 1'1 alnt I ff mllY prlH:..ed loll tholll pre-paymr",t of f....s
p..ndlng " fllf'lhf'r' ,,,'d..r Hftf'" U,.. h..ar'lng.
Thf' Cllrnlu'r'I.t1ld COllnly Shf'r'i rf's nppHrlmpnl f1hllll attempt t.o
JIIllk.. ",prvi"p .it, thp plaint iff's r'f"jllf',,1 find withollt pr'e-payment
of fpes, hilt f1"rv Ice may b.. ar-compllsh..d IIndf'r' any appllcabl..
I'll be 0 f C I v II I' roc P.I1I1'''' .
ThiH Order' HhAII h.. docket..d In th.. office of t.he
Prothonotary and forwarded to the Shpriff for service. The
PI'othonotary Hhall not spnd a copy of th I s Order' to the def...ndant
hy mall.
The P...nnsylvanin St.at.,', ea,.] IHI..., amI tolL 'Holly Spr'lngs
Pollcp n"1'artments will h.. 1'rovld"d with r..rt.ifle,1 copies of this
Ord..!' b, th... plnintlff's attornpy.
ThlH Order shall b... enfore...d
by any law pnforcprnent ag..nry wher... a violation occurs by arreHt
fo,' Indl1'e('t cr'lminal '",ntemp!. wilhollt wa'Tlln!. IIpon probable
,'all"" thlll this Order' ha" hepn vlolllted, whethpr or' not the
violation Is cOJllmlt.tf'd in fh... 1'r','"ence of U.., pollet" officer. Tn
thp p.....pnt t.hu.t, an arr'est. is mildf~ linder' t.hiR section, t.he
,jpf..ndant shAll be tak...n wilhollt IInn"["'Hsary delay b"forp th...
car'ol K. wilcox.
Plaintiff
""d on h"h>l I f 0 f
hpr minor children:
[)YLAN .1. wnrox
WAYlnN J. WILCnX
IN THE COURT OF rOM~ION PLEAS OF
CUMBERLAND COUNTY, PENNSYLV,\N I A
NO. '16- '/Jt ('[\'11, TERM
VS.
PROTECTION FROM ABUSE
MID CUSTODY
Knnn G. Wi.lcox,
Defend"nt
No'rrCN
You hav" been supd I n Call ,'t. T f you wish 1.0 de fend agal n"t the
(.I"ims "pt forth In the following pages, YOII mu"t take action pr'omptly
"fter this Petition, Order and Notice are served, hy appearing
1,,','sonally or by aU,or'n..y at the headn!! sch..duled by the Court and
prps"nting t.o th.. rourl: your' def..n".." or objections to the claims "..t
fo,'lh again"!t you. You ar.. WIH"IeC! that if you fall to do so the Court
lII11Y l'rcw,'ed without you, and a judgment. may b., entered against you by
I h.. COllrt wi thout fur'th..r not. iet' for any mon..y claim.." in the P..t it i 0"
0" for any other claim or rel ief ""'1l1ested by the plaintiff. You may
lose money or proper'ty or other right" important 10 you.
FRF.S AND COSTS
If the "a"e got'" to hpa,'lng a"d I.he judg.. !lr'ant" a Pr'otpction
Ord"r, a surcharge of $"5.00 will he "ssessed against you. Vall may
also b.. r...qulred to pay attorn"y fp..s to Lflg..1 S..rvic..", Inc. for
th..lr r..pr...entation of the plaintiff.
You ..hould take thi.. paper to your lawyer at Oll"e. If you do 1I0t.
have a lawYflr or eannot afford one, go to or tel..phone the ofrlee set
forth below to find out where you can gflt legal help.
rOURT M1MINISTR4TOR, 41h HOOR
CUMRFRL4 N f1 ('O(!:'ITV ('Ol!RTIIOIlS E
C,\Rf.TSf.F:, PPINSYLV..\NTA 17011
TELEPHONE N(J~IRER: (717) 2.10-f12no
AMF.RICANSI~LIT.!L.ll.rSA!HJ,1TLf,S ACT OF 19'10
Thp C'ourt of' C':nmmort Plfl}l~ of ClImhprlHtld rount.y iH r'eqllired by law
In ('olllply wit.h th.. Am",'i""n,; with l1i.aloi.1 ill,>s Act of 1990. For
infl)l'flIfltinrl about J\ccP~~iblf' faejliti...H and r"~11""onabl.p Slccfllnmodlltiort"-'
H\,lti IHhlf~ to disahlf~d inllividlll\ls havin~ ~USiflf-"9~ hpfol'e t.h~ COllr't-,
plt'a"4~ conl.I-H't ollr nffic-p. ,.\11 HrrangPfI1ent!4 mllst h~. IIHtdp td If"1\9t 72
hf)lJr~s 1'r'lor" to flny hi'uring or ~J\JsirH.'~~ bf;~fnf'f-' thp COqt,'t. YOII must
d.t tf-~tld t.hp 9c'hf'HI1I1f'd cnnrpr'''nl'f' or' h'-';lr' i "kt.
acts toward the plaintiff and the minor children under
circumstances which have placed the piaintiff and the minor
children in reasonable fear of bodily injury. This has Included,
but is not limited to, the following specific instances of abuse:
a. On or about February 13, 1996, the plaintiff and
her minor sons returned to the residence to get some
clothing. When the defendant threatened that the minor
children would he dead and the plaintiff, who feared
for their safety, tried to get them out of the house,
the defendant ran out to the kitchen, picked up a
rifle, ran to the front door, and told the plaintiff
and the minor children to "freeze" while holding the
gun by his side. The defendant then threw the rifle
down on the floor, forcefully grabbed the plaintiff by
her arms and shoved her backwards into a stove causing
her to hit her back. Because she feared for her
children's safety, as they ran toward her to help her
she told them to g..t out of the house, and when they
turned and went toward the front door, the defendant
opened the door, grabb..d each of them by the arms, and
forcefully pushed them out the door.
b. On or about February 12, 19'16, the defendant
screamed at the plaintiff and forcefully slapped her
twice at the base of her skull. As the plaintiff and
2
t.he minor children wer.. trying to leavl' the residence,
the defendant grabbed them by the arms and pushed them
out the door.
c. On or about. January 26, 1996, the defendant became
angr7 with the minor children, screamed at them, and
nailed the back door and the boys' bedroom windows shut
so that they could not leave the house causing them to
fear.
d. On several different occasions since 1978, the
defendant has slapped the plaintiff, choked her, and
kicked her In the buttocks. On one occasion in
approximately 1982, the defendant forcefully hit the
plaintiff in the face breaking her nose. On at least
two different occasions, the defendant has forcefully
slapped the minor children about the head. Recently,
on different occasions, the defendant carried guns
around the house in a threatening manner causing the
plaintiff and the children to fear for their safety.
6. On or about February 12, 1996, the plaintiff and the
two minor chitrlren left their residence at 75 Victory Church
Road, Gardners, Cumberland County, Pennsylvania, in order to
avoid further abuse.
7. The plaintiff believes and therefore avers that she and
Ine minor children are in immediate and present danger of abuse
3
fr'om t.ht~ df"FpndHnt shoulll thpy f'f"'luf'n to the home wi ".bout thp
dprpndaflt'H p:'\c:lllsiotl Hnd thnt. t.he)' arp in nppd or pr'ot.ection
f ,'om Hurh llhll~e.
fl. Th.. phdnllff .h'sl.'es that It... d..r..ndllnt b.. prohibil..,d
rrnm hllving any <li.'",,!. nr indir""t contact with the plaintiff
in"ludlng, bnt not. 110111.<"<1 tn, t..l..phonp and wr'ith'n
communication", ex""pl, for th" limitpcl purposp or rllcllitlltlng
ctl~t.()dy Hrr'HngpmEHlts,
'I. Th,' plnint.\ fr d.."ll'es Ihllt U", d..rendant b.. ,'njolned
fr'om hllrllssing and stalking the plaintiff, and from bnrllsslng the
plaintiff'.. rellltiv..s, or th,. minor childr'en.
10. Th.. l'lainti ff dpsir'.." that tlll. llpfpndant b,' restrflin,'d
fr'om ..ntering h"r pIll"" of emplorm..nt /lnd tI,,, schools of thp
minol' children.
11. Th" plaint.l ff desir'.." that It.., defpndllnt. be E'njoi""d
rr'om remov ing, damag lng, <Ips t. roy i ng or' se II i ng any prop..rty owned
jointly by the pnrtips or owned solely hy th.. pl>llntiff.
n. F.XCI.IlS IV~: POSSF.SS ION
12. Th.. hom.. rr'om whi"h t.h.. pllllntlff is "sking the Court
to "xcIude thE' d"fendant Is oWIl.,d by th.. pl>linti ff's ratll"r', but
th" plllintlff and tI,.. d..fendant hav" lived lh..lr fo!'
approximately 22 yea!'s.
13. Thp pllllnll rf rllr'rpnt.ly has no p"r'manl'll!.. plac.. 1.0 stllY
with h.." chi Idr'pn "xc..pt t.he mar'ital hnm" , IInd the defendant has
par'puts in thp 11I'("1l with whom hp CHn SIFlY.
,I
IJ. Thp (ilt1iJltif'f \h'~in-"; (lflS'iI'.....:;inn of t,tu" hurt1f. !if) a"", tll
~jv" Ih.. ~re"t.."t. d..gr'.'p or cont,inlJity to thl" live" nf th..
children "=1nd to allQw t,hpm t() continllP thpir' educJition lit t.ht-ir
!"I.('ho(')lM ,.nd t.n cnntinllt2' t.heir !"lchnol J.\F1d ..;or~ial act i,,'itlP~.
C': L__.A1T9Rtill..EfF.S
lfi. Th.. plliintiff "..k" thllt It". dpr..nrlHnt b., o,'d"r.." to J.>IIY
re.q~orHlbll? Pttt,nrFlPY ref.'ls to Legal Sprvi('~~, ['jl'.
n _ TF.MPORARV ~USTI.)J?Y
16. ThO' 1>1"1,,, iff .."..ks tempcJI'>lry clJ"tndy of the' following
eh 11 dr..n:
full!!!
Pr"Mp.nt R"..iden""
~
Dylan Wi leox
\6 yes_ old
DOR 8/26/79
undlHclosp.d lneat.inn
Waylon WUcox
uwli~H'lospd locll.t ion
\6 y,..._ old
DOR 8/26/7'1
Th.. chlldr..n wpr.. "01. born Ollt of w",II,wk,
The children are pr"sently j" th.. custody of th.. plftintlff
who is temporllrily r....i"ln~ III. an '''uli..,,!o,...d IO('lltion.
During thp I'""t fivE' Y"Ilr". the ,'hilrlr..n h'lve resided with
tflP rnl1nwin~ pf'rSOfl!'\ and at thE" followin.tS Il.IJdrps~PH:
NIlm..
ArldreR~el!
Oatell
Pl"intiff
",," Dpf"",J;",t.
8/26/19 to
2/129fi
7fi Victory Churrh Rd.
G;.t,['dnl?J'~ I Pr\
Plaintiff,
undi~clospd LOl:ation
2/\2/96 to
p,'<""ent
The plaintiff, the mother of Ih.. "hi ldr"n, ""rr.,,,tly i..
r.p....idifl~ ;.It An lIfldis,.lo.......d Inr'al.inn.
:;
S hf' i~. mot t' J' i fe'" .
Thn .,1 ;t.l 111 i ,t. t ll""~'nt ly
rM~ld..s with the following persons:
~"'"'!
He I 8t,I onsh i p
n:t 11ltl W l h!'t"
W1tylIJrl Wilf-n..
Son
Ron
'l'h,.. d"~"f'njtitH'.. thf'- ff\thpr of t.he children, c.ur'rently resides
,1I"n.. II! 1~ V,d"ry rhll,'ch Road, Gardners, Cumberland County,
p" n fl ~ Y J v .( H i it .
14f' i~ uliu'rif1fL
11, 'I't.., .t1,dnt i rf h'ls not pr..viollsly participated in any
I i 1114,,1 I.." 1'''I\''''rnin~ "IISlcHly of the >lhove ment.ioned children in
tttj~ Ilr ""y flthrr (~rJI.rt.
lA. fhe pl"lntirf has no knowledg.. of any clIstody
pr'H''''f~din''!04 I"n'l('t-.t'nln~ thfl''oIP {'hi Idr'po pending before a court. in
I hi" "I' >lnl' (] II"", jllr'l ~d i (' I Ion.
19, Th.. pl>llntiff da..s not know of >lny pprson not a party
I" Ih"" "l'1 Ion who hils physiC',,1 ellstad)' of thp. chi Idr..n or claims
I" t.."". C'"st,,,ly 0" v\sllutlon l'lghts wit.h r.."pec't to the
,Ii I'd ....n.
20, !'to<' I..,..., Illle...'....ls ,,"d Iwrlllanent welf>lr'e of th.. minor
hlld,",'n wi II I.., "...1 if r,,,,,tady is temporar'i ly granted to the
I'I"inUrr 1"',,di,,'oI '\ b"III'Ing ill t.hls matter' for' reasons including:
n. The plaintiff is a r..sponslble par..nt who can best
tak,' "a.... of t.he rnlrlOI' chlIdr'en and has provided for'
II", "mr)I io",,1 and phy"Ic>l1 llf'f.'r1.. of t.he children Rince
11,,'\" hi I'Ihs.
R
b. Th.. d.. r,'ndan t has shown by his abus.. 0 f the
plaintiff that he Is nol an appropriate role morlel for
I.he minor children.
c. The def..ndant's hehavlor haR adver"..ly affected
th.. children.
WHERF.FORE, pllrsuant. to the I','ovisions of th.. "Pr'ot..ction
from Abu,... Act" of October 7, 1976, 23 Pa.C.S. !J 6101 et ....n., as
>lmender!, th.. pl>lintiff pr>lYs Ihis Honorable Court to grflnt th..
following rei ief:
A. r.rnnt a Tempo.'ary Order' pursuant t.o the
"Protection from Abuse Act:"
1. Order'ing U,.. defendant to refrain from
abusing the plaintiff and th" mi,nor chil.dren or
placd.ng Ihem ill fear' of ahuHe.
2. Ordp.,'ing th.. cI..fendant to ref,'ain from hnvlng
any dir..ct or Indirect contact with the plaintiff
including, hut not limlt.ed to, t..l..phone Ilnd
written communications, pxc..pt to fllcilitate
custocly arrangem"nts.
3. Ord..ring Ihe dpfelldant to refrain fr'om
harassing and stalkIng the plaintiff and from
harassing th.. plaintiff's r..l>ltive,. alld t.h" minor
children.
~. Prohibiting th.. d..fendant from entering the
plaintiff's I'lacp of employm..nt or Lh" schools of
7
thp mintlr (,tlillJ,'pn,
~. Prohibiting the defendant from removing,
dama!!ln~, df!stroying or sellin~ property jointly
owne,! by niP p>lrt ips or' owned solely by thf!
1'1>llntifr.
fl. G,'anting possession of. the horn.. located al. 7fi
Vletory (,hlllorh Road, Gardners, Cllmh..rland County,
P"nnsylvania, tn th.. plaint i rf to thf! exclusion of
t.he der..",lant p..nding a final order In this
matter, >lod any other residence which "h.. may
..stahl Ish for h..rs..lf, ..)(cept for the limlt..d
(l\lrpose of ICfln"f..,'rin;( cllstody of the parties'
chlldr..n. The defendant shall remain in his
v..hicl.. fit. fill t. illlf!S dllr'ing the transf..r of
cllstody.
7, Grant i ng tf!ml'or'>lr'y cu"tody of the minor
children to thp plaintiff.
B. S"h..dlll.. a hpnring in accor'd..ncp with th.. provisions of
rh.. .Prolpct.lon fr'om AbllsP Act.," and, after' "uch hearing, enter'
Hfl ordpr t_o bp in ",freet. for' a. pPl'i.od of Onf." year':
1. o,'d",'Ing nIP deff'ncl"nt t.o rpfrain' f....,m
abllslng th.. plaintiff 'HId U'f' lIlino,' children or'
pl>lcing th"1Il in f""l' of flhll......
Z. Ordel'ing thp d..f..ndflnt 10 refr,..in from having
any dlr..ct. r,c indi".>c,t contact. with the plaintiff
H
01' th.. mlno,' chi Idr'"n ineludin~, hut not I imit"d
to, tplpphonp. and w,'ltl..n .'''nllnun ic'at Ion" , e"cept
to facilitate cu"tody arrangPlIIents.
3. Ord..rlng the rh,fendant to r..f,'aln from
harnsslng "rill stalking thf! plalnt.iff alld fr'om
harassing thp plaintiff's r..latlvns and thp minor
ch Ildr..n.
4. Prohibiting th... dpfendant from entpring th,'
plaintiff's place of emploympnt or the schools and
of the minor children.
5. Prohlhiting the df!ff!ndant from removing,
damaging, d..stroying or splllng prop..rty jointly
ownedhy tho parti..s or ownf!d solely hy th..
plnilltiff.
6. Granting possession of the home located at 75
Victory ChurTh Road, Gar'dnf!rs, Cllmberlnnd County,
Pennsylv>lnia, to the plaintiff to the exclusion of
the defnndant, a net any oth..r rpsiclence which she
may est.ahl ish foro h..t'sel f, f!"eept. for t.he I illlit..d
purpose cd transff!ITing cllslody of thp part.\es I
children. The defpndant "hall rf!moin in his
v..hicl.. at 011 !.iDles during thp t.roansfer of
custody.
7. Ot'dpdng th.. dpf..ndant to pay rpasonable
Iltt,nrnf~Y rE~f-"~ to Legal fh'~r'\...irl~H, fue.
9
The abovt'-rlf\Olf'd plaintiff, Carol K. Wll"ox, verifies Illal
t.hf! Ht.at.ements mllde in th.. ahove r..tit.lun nl'" t,r.", Iln.1 corr'ect,
The plaintiff underst.ands t.hat fals.. "t.at..ments herein are omd..
Huh}f!"! to th.. pen>lltles of 18 Pa.C.S. ~ 4'104 relllting t.o unsworn
falHlflcaUon t.o Aut.horlties.
Dat.e:
;!//c/vt.
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Carol K. Wilcox, Plaintiff
jointly owned by the parties.
6. The defendant is excluded from the plaintiff's
residence located at 75 Victory Church Road, Gardners, Cumberland
County, Pennsylvania, and any other residence the plaintiff may
e"tabllsh, except for the limited purpose of transferring custody
during which times the defend~nt shall remain in his vehicle.
7. The court costs and fees are waived.
8. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court. The Order 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.
9. This Order may subject the defendant to: i) arrest
under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23
Pa.C.S. ~6113.1i iii) a charge of indirect criminal contempt
under 23 Pa.C.S. ~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. ~6114.1. Resumption of co-residence on the part
of the plaintiff and defendant shall not nullify the provisions
of the court order.
10. The Pennsylvania State Police, Carlisle, and Mt. Holly
Springs Police Departments shall 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 caUSf! th~t this Order has been vioiated,
Carol K. Wilcox,
Plalnll ff
and on behalf of
her minor children:
DYLAN J. WILCOX
WAYLON J. WILCOX
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
vs.
NO. 96-921 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
Kenn O. Wilcox,
Defendant.
AND NOW, this
( fJl
.)
QlrnTODY ORDER
1-/ \,:i I ,( .
day 0 f ., . ~
1996, upon
consi~eration of the parties' Consent Agreement, the following
Order is entered with regard to custody of the parties' children,
Dylan J. and Waylon J. Wilcox.
1. The plaintiff, hereinafter referred to as the mother.
sh&ll have primary physical and legal custody of the children.
2. The defendant, hereinafter referred to as the father,
shall have partial custody of the children. at times agreed upon
by the mother and father.
3. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
children are in that parent's care.
4. Neither party shall do anything which may estrange the
children from the other parent, or injure the opinion of the
children as to the other parent or which may hamper the free and
natural development of the children's love or respect for the
other parent.
By the Court,
/ ~ U ,'-.f f-~> (~lU\_j.:'
Gear e E. Hoffer, Judge
" f4/.!)
Joan Carey
Attorney for Plaintlff
Kenn G. Wilcox
Pro Se
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sell any property owned by the plaintiff or Jointly owned by the
parties.
6. The defendant agrees to stay away from the plaintiff's
residence located at 75 Victory Church Road, Gardnors, Cumberland
County, Pennsylvania, and any other residence the plaintiff may
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establish, except for the limited purpose of transferring
custody. The defendant shall remain In his vehicle at all times
during the transfer of custody.
7. The derendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
8. The defendant understands that the Protection Order
entered in this matter will be in effect for a period of one year
and can be extended beyond it 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. The defendant understands that
this Order will be enforceable in the same manner as the Court's
I
!
prior Temporary Protection Order entered in this case.
9. Violation of the Protection Order may su~ject the
defendant to: I) arrest under 23 Pa.C.S. ~6113j ii) a private
criminal complaint und..r 23 Va.C.S. ~6113.lj iii) a charge of
indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by
imprisonment up to six months and a fine of $100.00-S1,OOO.00:
and iv) civil contempt under 23 Pa.C.S. ~6114.1.
10. Th.. defendant and the plalntirf agree to the entry of
an Order providing for th.. following regarding custody of their
....
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lh:lenllant
PRon.('lION ~ROr.1 AllLSE
NOTICE OF HEARING AND ORDER
'tOl! HAV~ BEEN Sl!ED I:'~ COliRT. If you wish to lI~lenll a~ainstlh" claims setlorth in
the tollowin!cl paper~. you must appear at the hearin~ schellul~d her~in If you tililto do so. the case may
proceed against vou and a FINAL Order mav be entered a~alnst vou granting the relief requested in the
Petition In particular. vou mav be evicted Irom vour residence 'lnt! lose other important right,
A IIE.\RI:'IiG O:'li nlls MATTER IS SCIIEDULED ON JtAlIIn.1u, ..l.C ,1998,
AT /1 ;Ctt' ;LM., IN C'OlIRTR()()M NO. 1./ OF THE' ClIM8ft:Rl.ANO
cm"......y CC)l!RTJlOl'SI':, {',.\RI.ISU:, Pfo::"'NSYI.V:\NI/\.
Yuu MLSI ob~y the Ord~r that is allached until it is modi lied urterminated by the cuurt anel
nollce and heanng If you disob~y this Order, the pulice may arrest you Violatiun uf this Order may
subject you tu a charge of indirect criminal contempt which is punishable by a line of up to $1.00000
andior up to ~ix months in jail under 21 Pa C S ~611.\ Violation may also sub,ect you to prosecution
and criminal penalties under the Pennsvlvania Crimes Code l!nder federal law, 18 11 S C ~226~, thi,
Order i~ ent()rceable anywhere in the United States. triball~nds. l.' S Territories and the Commonwealth
of Puerto Riw If you tra.d outjide llfthe _tate and intentionally .iolate this Order, you may be subject
to feJ~r.l1 .:riminal pru.:eedings under the Violence Against Women A.:t, III US C ~ 2161,2261
You should lake Ihis paper to your lawyer at once. You have the riRhl to han a lawyer
represent you at the hearing. The court will not, however. appoint a lawyer for you. II you do not
have a lawyer or cannot afford one. 110 to or teleplone the office set forth below to find out where
you no lletlegal help. If you cannot find a lawyer. YOII may have to proceed without one.
CUMBERL\:'oJD COUNTY BAR ASSOCI,o\ nON
2 UBERry A\EM+', CARlI~L[, P[l\'\SYL\A:-iI.\ 17013
TELEPHONE Nli~IIlER (717):.WJ-Jlob
:\I\U:RIC\NS WITII DlS..\RII.lTn:S :\CT 01' 1990
rile ('ourt of Common Pleas of Cumberland County is required by law to comply with Ihe Americans
",ith Disabilities ..\~l of 1990 Fur information about ac.:essible la.:ilities and reasonable accommoJations
a. oillable tu disabled mdi.iduals ha'ing business before the .:ourt, pleJ>C contael our ollice All
arrangements must be made atleasl 72 hours pnor to any hearing ur business belore Ihe euurt You must
attend the scheduled conlerence or hearing
Until the linal hearing. all contact between Detendant and the childiren ~a11 be
limited to the tollowing
The local law enforcement agency in the jurisdiction where the child/ren are
located shall ensure thatth" child/ren are pla~ed in the care and control of Plaintiff'
in accordance with the lerms of this Order
o b. Delendant shllll immediately relinquish lhe following weapons to the Sherilfs
Office or a. designated local law entorcement agency tor the delivery to the Sherilfs Office'__,____
Defendant is prohibited from pos!lessing. transferrin!! or acquiring any other weapons tOr the
duration ofthis Order
[g) 7.
The following additional relief is granted
The Cumberland County Sherilf, Department shall attempt to make service at
Plaintiff's request and without pre-payment of fees. but service may be
accomplished under any applicable Rule of Civil Procedure.
This Order shllll be docketed in the ottice of the Prolhonotary and torwarded to
the SheritJ for service The Prothonotary shall not send a copy of this Order to
Defendant by mail
This Order shall remain in effect until modified or terminated by the Coun and can
be extended beyond its original expiration date if the Court finds that Defendant
has committed an act of abuse or has engaged in a pattern or practice that indicates
risk of harm to Plainlitf
Detendant is enjoined lTom damaging or destroying any property owned jointly by
the partie, or owned solely by Plaintiff
Detendant is to refrain from harassing Plaintiffs relatives.
[g) 8 A certitied copy of this Order shall be provided to the police department where
Plaintiff reside, and any other agency specified hereafter. Pennsylvania State Police and Camp
Hill Polin Department.
1i99
THIS ORDER SUPERSEDES
[g) ANY PRIOR PF A ORDER
o ANY PRIOR ORDER RELATING TO CHILD CUSTODY
THIS ORD[R APPLI[S IMI\li:DIATnY TO DHi:NDANf AND SHALL
RUfAJN IN UUC'f lINTII, MODIIoU:O OR URI\IINAUI) BY TillS C:OURT
"tiER NOTICI' AND HEARING.
NOTICE TO DEFENDANT
Delimdimt is hereby notilied that violation of thi~ Order may re~ult in arrest for indirect
criminal contempt. which is punishable by a tine of lip to $1,000 00 and/or up to six months in jail
23 PaC S ~bll-t Consent of Ihe Plaintilf to Defendant's return 10 the residence shall not
invalidate this Order, which can only be changed or modilied through Ihe tiling of appropriate
coun papers lor that purpose 23 Pa (' S ~b 113 Delendant is limher notified that violation of
Ihis Order may subiect him/her to state charges and penalties under the Pennsylvania Crimes Code
and to federal charges and penalties under the Violence Against Women Act. 18 U SC ~~ 2261-
2162 Any protection order granted by a coun Olav he considered in any subsequent proceedings,
including child custody proceedings, under litle 23 (Domestic Relations) of Ihe Pennsylvania
(' onsolidated Stalutes
NOTICE: TO LAW ENFORCEMENT OFFICIALS
This Order shall be enlorced by the police who have iurisdiction over the plaintill's
residence OR any local ions where a violation of this order occurs OR where the delendant may be
located If defendant viol ales Paragraphs I through b of this Order, defendant may be arrested on
the charge of Indirect Criminal Contempt An arrest for violation of this Order may be made
without \IIarranl, based solely on probable cause, whether or not the violation is committed in the
presence of la", enforcement
Subsequent to an arrest. the law enlorcement ollicer shall sei.le all \IIeapons used or
threatened to be used during the violation of this Order OR during prior incidents of abuse
Weapons mustlonhwith be delivered to the Sherin's office of the county which issued this Order,
which office shall maintain possession of the weapons until funher Order of this coun. unless the
weaponls are evidence of a crime, in which case, they shall remain with the law enforcement
a;3lmcy whose officer made Ihe arrest
Joan Carey
U:G,-\[, SERVICES, I~C.
.\tlorney for Plaintilf
BY TIlE COURT. ,/
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7 Defendant has been involved in the lollowing criminal coun action Simple assault
and ponession of marijuana fhai'll" are pending again!t Defendant. A preliminary
hurinl is sfhrduled on Seplember :ZJ, 1998. al 9:JO a.m. before Dislrift Justin Day.
8 The facts of the most recent incident of abuse are as follows
Approximate Date, September IS, 1998
Approximate Time 1:4!l p.m.
Place: 75 Victory Churfh Road, Gardnen. Cumberland (:ounty. Ptnnsylnnia
On or about September 15, 19l)lI, Defendant came to Plaintiff's residence. entered the
house uninvited. and told her that he wanted to talk to her in the bedroom and that
she should bring her purse with her When PlainlilT refused to go inlo the bedroom
with him, Defendant grabbed her arm. twisled it behind her back. grabbed her by Ihe
back of her neck. forced her head down. and shoved her down the hall into Ihe
bedroom. Once in the bedroom. Delendant shoved Plainlill' backward against the
dresser. accused her of having an alTair, pulled drawers out, dumped the contents of
the drawers and her purse on the bed looking for condoms that he accused her of
using as proof that she was seeing another man, and then hil her in the face with the
back of his hand. The parties' 19-year old son. Dylan. heard PlaintilTscream for help
and intervened, Plaintill' grabbed Ihe portable telephone. ran from the house. calk-d
911 for help, and drove down the road to wait lor Ihe police to arrive, The
Pennsylvania State Police responded. arrested Defendant. charged him wilh simple
assault and possession of marijuana. and remanded him to Cumberland County
Prison. A preliminary hearing is scheduled before District Justice Day on September
23. 1998. at 9:30 a. m. Plaintiff sustained a swollen lip. lacerations inside her mouth.
and headaches as a result of this incident
9. Defendant has commiued Ihe following prior acts of abuse against Plaintifl':
On February 21. 1996. Plaintill'liIed a Petition tor Protection Order and a Temporary
Protection Order was issued to the above-captioned docket number. and a tinal
Protection Order was entered on March 5. 19C)6 See auached Exhibit A. made a part
hereto and incorporated by reference Plaintilfs fear of abuse is exacerbaled because
of Defendanl' s history of abuse which included the following. shoving. grabbing.
slapping. punching. kicking. and choking her. In addilion. Defendant threatened
Plaintift.s lile and Ihrealened her with guns.
10. The following police department or law enlorcement agency in the area in which
PlaintitTlives should be provided with a copy of the Protl'Ction Order. Pennsylvania Stale Polke
and Camp 1Ii11 Polife Department.
II There is an immediate and present danger of lunher abuse tram Defendant
12 Plaintilt'is askin!lthe Court to exclude /Jelendant from the residence at 75 ~'i(lory
{,hurrh Road. (iardn,n. ('umbtrland (:ount)'. P,nnsylvania. which is owned bv William
Rnd Joyr, P,fT". PlaintilT's pannls,
WIIERHORE. PLAl:'IlrlH RI:Ql'ESTS rltH rilE COl'RT ENTER A
n:MPORAR\' ORDER. MID ,U-n:R m:ARING. A "'N,\I, ORDER TIIAT \VOlILD
00 rilE FOLLOWING:
A. Reslrain Delecdant from abusing, Ihrealening, harassing, or stalking PlaintilT
in any place where PlaintilT may be found
B Exclude Defendant from Plail1lilfs reside",;e and prohibit /Jelendant from
allempting 10 enter allY temporary or permanem residence of the Plaimill'
C, Prohibit /Jelimdantlrom having any contact with Plaintill: either in person. by
lelephone, or in writing. personally or through third persons, including. but not
limited 10. any conI act at Plaintill's place of employment
D. Prohibit Defendant Irom ha~ing any <:onta<:t \.\lith Plaintitfs relatives.
E, Order Delendant to pay Ihe costs of this action. including tiling and service
fees,
F, Order Defendant to reimburse Cumberland County. a Legal Services funding
source. 5250.00 for Ihe value of the legal services provided to PlaintilTfor the cost of
litigating this case if the case gocs 10 hearing
G. Order the tollowing additional relict: not listed abovc.
The /Jetendant is enjoined trom damaging or destroying any property owned
jointly by the parties or owned solely by Plainlill'
The Defendant is to refrain from harassing Plaimitrs \'c1atives
H. Grant such olher relief as the court deems appropriate
1. Order the police or other law entorcement agem:y to serve Detendant with a
copy of this Petition. any Order issued. and the Order tor Hearing The Petitioner will
inform the designated authority of any addresses, other than Defendant's residence.
where Detendant can be served,
Respectfully submitted.
Date '~I ,1;1
LEGAL SERVICES. INC.
8 Irvine Row
Carlisle, PA 11013
(111) 243-'l400
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Jointly owned by the parties.
a. The defendant is excluded from the plaintiff'.
residence located at 15 Victory Church Road, Gardners, Cumberland
County, Pennsylvania, and any other residence the plaintiff may
establish, except for the limited purpose 01 transferrin, custody
during which times the defendant shall remain in his vehicle.
7. The court costs and fees are waived.
8. This Order shall remain in effect for a period of one
year or until mudified or terminated by the Court. The Order 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 ot harm to the plaintiff.
9. This Order may subject the defendant to: i) arrest
under 23 Pa.C.S. g6113; ii) a private criminal complaint under 23
Pa.C.S. gal13.1; iii) a charge of indirect criminal contempt
unde~ 23 Pa.C.S. g6114, 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. g6114.1. Resumption of co-residence on the part
of the plaintiff and defendant shall not nullify the provisions
of the court order.
10. The Pennsylvania State Police, Carlisle, and Mt. Holly
Sp~ings Police Departments shall 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.
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rllMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WILCOX CA~OL K ET AL
VS.
WI V:OX KENN G
-~_.-
_~ICH~ BARRICK . Sher1ff or Deputy Sheriff of
CUMBERLAND County. Pennsylvania. who being duly sworn according
to law, says. the w1thin PROTECTION FROM ABUSE was served
the
upon WILCOX KENN 0
defend..nt, at 14: l0 HOURS. on the ~ day of ;;eptemb'i'r
1998 at CIO IRENE WILCOX 19-21 HAMILTON RO~D
BO I LING SPRI NOS. PA 17007 --' CUMBERLAN[1
County, Pennsylvania. by handing to KENN G. WILCOX
~ true and attested copy of the PROTECTION FROM ABUSE
together with TEMPORARY PROTECTION FROM ABUSE ORDER
and at tbe same time directing His attention to the contents thereof.
"
Sherlff's Costs:
Doc:keting
SerV1ce
Affidavit
Surcharge
50 anr P"A'J.J1III'.. L2!.'
"'~-",""l .._'
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{
R. Thomas Kllne, 5her1fL
18.00
3.10
.00
6.00
$27.10
09/21/1998 ~/ k2
by .~ /// .
-~b:~U _ er 1.t
Sworn and subscribed ~o before me
thIs .J/.JA.. day of ..J~.-~
,
19~_ A.D.
"""....\ '
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OFFICE OF rHE DISTRICr ArrORNEY
Or CUMBERLAND COUN TY
ONI COUHrHoU~i SQUARi.
CAAli5Li.. "'NN.!I't'L","NIA 1101]
JAN 1 jj 1'3','3 pt>
...OJ
~"'_.
CAROL KAY WILCOX.
Plainliff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
V,
: <)6-1)21 CIVIL
KENN GARWIN WILCOX.
Defendant
: CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, Ihis _I (; 1\ day of January. 1999, Ihis Court certifies that the
al1ached complaint has neen properly completed and verified, and there is probable cause
for the issuance of process, In consideration oflhe al1ached Commonwealth's Petition.
the defendant, KENN GARWIN WILCOX, is directed to appear for trial on the charge of
r'" ('
!ndirect CrimilUll Contempt before the Court on the 2l... day of \,., >tel lLut 1999 at
~o'clock ./!.,m, in Courtroom # ~ of the Cumberland County <iourthouse, Carlisle,
Pennsylvania,
The defendant has a right to be represented by an al1orney, I f the defendant
cannot anord an attorney. upon request one will be assigned to represent the defendant.
If the defendant wishes assignment of counsel. conlact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285, Further, if the
defendant fails to appear, an arrest warrant will be issued,
The SheriffofCumberland County is directed to serve this Order and Petition
upon the defendant. The assessment of costs to be detennined by the Trial Judge
subsequent to trial.
Pl.
Travis N, Gery
Sr, Assislant District Attorney -~.d
li..\U\..~",
"nl'l'l
KENN GARWIN WILCOX
CAROL KAY WILCOX.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V,
96.921 CIVIL
KENN GARWIN WILCOX.
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEAL HI'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Travis N. Gery, Sr, Assistant District Attorney of Cumberland County,
Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal
Contempt:
I. A Protection from Abuse Order was issued by the Court, A true and correct
copy of the Order is attached,
2, The defendant's violation of this Order is averred in the attached criminal
complaint.
3. The victim requests the filing of an Indirect Criminal Contempt Charge,
4, The District Attorney's Office approves Ihe filing of this criminal complaint.
5, The Commonwealth is requesting a hearing on the charges of Indirect Criminal
Contempt pursuant to 23 Pa,C,S,A, ~ 6113,
6, The plaintilTandlor the defendant may seek modification oCthe Order based on
the filing of this petition as the Court deems appropriate following the tria! in addition to
any other senlence, 23 Pa,C,S,A, ~6113,
WHEREFORE, the Commonwealth requests the defendant be commanded to
appear before the Court on the charge of Indirect Criminal Contempt.
Respectfully submitted,
~~
Sr, Assistant Dislricl Attorney
(,():\l:\lllNWEALTII (lI>' PI';NN:WI.V,\NI.\
('()l!NTYIJr'; CUnt::.erldlrl
POLICE
CRIMINAL COMPLAINT
II1I,>tcr1,\l Ohtncr 'f..l1't:.cr: 09-)-03
i..trier Ju-tlce N..re:licrI. Susan K. Ot;,y
uC";'>:
229 Mill St, PO Box 167
Mt, Holly Springs, PA
C()MMONW~:AL'l'1I m' P~;NNHYI.VAN[A
VH.
IIEn;NIHNT
HAME .mrJ ADDRESS
r Kenn GarNin WIu::UX
19 Hamilton ReI,
Boiling Springs, PA, 17007
10le","", (717) 486-7672
I
D{)I~kur. No.:
Date Filed:
lTN:
L
.J
etm:bn''i RnceJEtmlclty
~\.tlite 0 AMi...,
o Hio;pT'lic 0 Natll/O .....ll!rlcm
cfuu:"t'.. A.I(,A.
et<<dr'lt's SeJl .ferdY1t'li 0.0.8.
~ ~,,::le 10/11/1953
ofnBlt', Vd1lcle InfomutiCl'l:
~late IiJTtler State RegbnratlCl'l Stlcker(*IYY)
ftnWlt's Scxl.ll Searl ty JUbtr
ft!l'1klt'., SID
o Block
Dl.i'icnwl
198-44-9174
fl!l"dlntl~ Drlwr'!I LicaJ>e tufbtr
State
PA 16213322
IN IIlRS CodIl
260
la;nt/lrcident IMbtr
H2-1047104
laint/ln:ident IlJrbers If ather particlpmt!i
District Attorney's Office n Approved 0 Disapproved because:
(The district att~ rroy reqJire~t the carptafnt, arrest ~rMt afficiwtt, or b:Jth bI ~ bi the ottorrey fOf" the CanTt:r'wolth r;rior to
fHirg P.l.R.Cr.P. 107.)
(N.:rm of Attoney for ccmraweoltn . Please Prmt Of" r11>>)
(51g-GtlIe of AttOl'Tll:'f tOf" carmrweal tn)
(D.ltd)
[, 1br , Jason L, CAI<B/l.U:;H
(Nf.m of Atfimt-Please Print or T~)
of PA State Police
(Identi fy DrplrtJrEnt or Agen:y Rt'p"eS8'lted <rd Political Suxhvisim)
do he,'ehy state:lchcck the appropriate box)
1. i:lJ [accuse the above named defendant, who lives at the address set forth above
o [accuse an defendant whose name is unknown to me but who Is described as
7921
(Officer S.1Cllelt.nt:er/I.D.)
PAPSPIOOO
(Pol ice Arpry CRI ttnlJerl (llrigi,..,tirg ~ ease Nud,er(OCA))
o [accuse the defendant whose nallle and popular designation or nickname is unknown to me and whom I have
therefore designated as Jobn Doe
with violating the penal laws of the ComlJlonwealth of Pennsylvania at
South Middleton '!Wp,
in CUnt:erland County on or about 01/07/99. at arorox, 1700hrs,
Participants were: lif there were participants, place their names here, repeating the IIIlme of the above defendantl
Kenn Ganlin WrI.roX
75 Victo~ Olurch Rd. ,
(P ace-Political SlJ:dlvislcrl)
~, The acts committed bv the accused were:
(Set forth i'I summy of the fach sufficient to act.Ii<>>e the deftnblt of the notlre of the offf.r'6e charged, A citatim to the statui! allegedly viol.1tr),j
withcut rrore, is rot sutficimt. In a sunmry case, yaJ Il1.St cite the specific sectlm <rd Slttiecticn ot the st.lMe or ordil"W'Ce alleged[v vlol.ned.)
The defendant did violate an order issued under the Protection fran Abuse Act
F,R, 1992-512 dated 06/04/92, by the Cburt of Oammcn Pleas of CUnt:erland County,
The P,F,A, No, 96-921, Civil Term was issued by the Honorable Judge Kevin A. HESS,
on SeptaTtler 30, 1998, in the Ca.trt of Oammcn Pleas of CUntlerland Coonty,
A(FC 412- (4/%)( IntcrT'Ct VCf~iCTl)
1.:1
U'onf.lllUutlOll Ur 'l. t
r;- ----,-. -
I ll"',ndant Ndnw: Kam C',,,u''''ln WILCUX
~-_.
I Uockl't Numlwr'
---- -u.l
~I
II
POLICE
CRIMINAL COMPLAINT
all of which were against the peace and dignity oUhe Commonwealth of Pennsylvania and contrary to the Act
of Assembly, or In viol4tion of 1. 6113 of tho DR 1
(Section) (Sub.Secrion) (PA Statute) (countS)
2. of the
(Section) (Sub-Section) (PA StatLlte) (COlJl'lts)
3. ot the
(Section) (Sub-Section) (PA Statuto) (counts)
4, of the
(Section) (Sub-Stction) (PA Statu';e) (counts)
:I. (ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges
I have made, (In order for a warrant 01 arrest to issue, the attached affidavit of probable cause must be complelL>d
and sworn to bafnre the issuing authority.
4. I verify that the facts set forth In this complaint are true and correct to the best of my knowledge or information
and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Codel 1~8 PA, C,S
1149041 relating to unsworn fulsificationto authorities. _ -1J
0\ I OO! ,19.s.s. , r'" Ll_ cf...
r (Sl~nilture ot Anl.1n
AND NOW, on this date , 19 , [certify the complaint has been properly
completed and veritied, An aflIdavlt of probable callse mllst be complelim in order for a warrant to issue.
(M<l',JI'lten,l[ Ol'jtnct)
Aope ~12-(4/96)(lnternet Ver'lio")
Sf.~Al.
(ISSUing Authority)
2.:1
CAROL KAY WILCOX,
Plaintiff
TIlE COURT Of COMMON PLEAS OF
CUMBERL.AND COUNTY, PENNSYl.V ANIA
v,
NO %-<)21 CIVil, TF.R~l
KENN GARWIN WILCOX.
Defendant
PROTECTION fROM AUUSE
FINAL PROTECTION ORDER
Detimdant's Name Kt:NN GARWIN WILCOX.
Defendant's Social Security Numher is 198-44-9174,
Defendant's date of birth is lOlli/53.
Name of Protected Person, who is Plainlill" CAROL K,\ Y WILCOX.
AND NOW, this ]",. day of September, 1998. the court having
jurisdiction over the parties and the subject-matter. it is ORDERED.
ADJUDGED. and DECREED as follows:
The Plaintiff, Carol Kay Wilcox. is represented by Joan Carey of l.egal Services. Inc , the
Defendant. Kenn Garwin Wilcox. is unrepresenled. bul has been advised of his right to counsel in
this malleI'
[&> Plaintiffs request for a final Protection Order is granted pursuant 10 the consent of
Plaintiff and Detendant
The Detendant, although agreeing to the terms of this Order, does not admit the
allegations made in the Petition
o Plaintitl's request for a Final Protection Order is denied
[&> I Detendant shall not abuse, stalk, harass, threaten the Plaintitf or any other
protected person in any place where they might be found
[&> ~ Delendant IS complelely evicted and excluded Irom the residence at 75 Victory
Church Road. (;ardnfn. Cumhfrland County. Pfnn~ylnnill. or any other residence where
Plaintin'may live Exclusive possession of the residence is granted to Plaintiff Detimdant shall
have no right or privilege to enter or be present on the premises
o On _._ at _.... m , Defendant may enter the residence to retrieve hislher clothing
and other personal dTects. provided that Defendant is in the' company of a law
enforcement ol1icer when such retrieval is made
IB> J Defendant is prohibited trom having ANY CONTACT with the Plaintiff at any
location. including. but not limited to, any contact at the Plaintiffs place of employment
Deti:ndant is specifically ordered to stay away from the following locations for the duration of this
Order. PlaintilT's place of employment at Book-Of-The-Month Club in Camp II ill.
Cumberland County. Pennsylvania.
Ii9 4 Defendant shall not contact the Plaintitl' by telephone or by any (Hher means.
including third parties
o
5
Custody of the minor children, shall be as tallows: not applicable.
o 6 Defendant shall immediately turn over to the Sherill's Ollice, or to a local law
entorcement agency for delivery to the Sheril1's Ollice, the following weapons used or threatened
to be used by Defendant in an act of abuse against Plaintiff.
o 7. Defendant is prohibiled trom possessing. transferring or acquIring any Olher
weapons for the duration of this Order. Any weapons delivered to the sherif I under Paragraph 6
of this Order or under Paragraph 6 of the Temporary Order shall not be returned until filnher
Order of Court
Ii9 8.
The following additional relief is granled as authorized by ~6108 of this Act.
This Order shall remain in etl'ect until modified or terminated by the Court and can be
extended beyond its original expiration date if the Court finds that Defendanl has
commilled an act of abuse or has engaged in a pattern or practice that indicates risk of
harm to Plainti!T
The Defendant is enjoined from damaging or destroying any property owned jointly by the
parties or owned solely by Plaintitl'
The Defendant is to refrain tram harassing Plaintiffs relatives
o <) Dclendant is directed to pay temporary support for.. as follows This Order
fOl support shall remain in el1ect until a Iinal support Older is entered by this Court. 1I0wever,
this Order shalllapsc automatically if Plaintitl' dues nol file a complaint for support with the Cuurt
NOTICE TO THE DEFENDANT
VIOL/\TION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WIIICII IS PUNISHABLE BY /\
HNE OF UP TO SI.OOO AND/OR A JAIL UN'!'ENn: OF liP TO SIX MONTIIS. 23
PA.C.S. ~61l4. ViOlATION MAY ALSO SIJBJ.:C!' YOII TO PROSt:ClJTION ANI)
{'RIMINAL P.:NALTIt:S lINm:R Tin: PENNSYLVANIA CRII\U:S COD.:. TillS
ORDER IS F.N.'ORO:ABLE IN ALl. F'II"TY (50) STAHS. TIlE DISTRICT OF
COUIMBIA, TRIBAL LANDS. l',S, n:RRITORn:s. ,\NI> Tin: COMMONWULTII
OF' PlJF:RTO RICO llNDER TilE VIOLENn: ,\GAINST wo:m:N ACTION. 18 U.S.c.
~2265. U' YOl! '!'RAVEL OUTSIDE (W Tin: SIAn: ,\1'10 INTENTIONALLY
VIOLATE TillS ORD.:R. YOlI MAYDE SlID.JF:C'f TO FEDERAL CRIMINAL
PROCHDINGS llND.:R 'fIlAT ACT. 18 Il.S,(:. ~~ 2261-2262. IF PARAGRAPH 12 OF
TillS ORDER HAS DHN cm:na:D. YOU MAY IH: SIIIlJECT TO FED.:RAL
PROSEClITION AND PENALTIES IIND.:R Tin: "BRADY" PROVISIONS OF THE
GUN CONTROL ACTION. 18 U.S.c. !j922(G), t'OR POSS.:SSION. TRANSPORT OR
RFTEIPT OF' nRF:ARMS OR AMI\IlINITION,
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over PlaintilTs residence OR any location where a
violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An
arrest for violalion of Paragraphs I Ihrough 7 of this Order may be without warranl. based solely
on probable cause, whether or not the violalion is cornmined in the presence of Ihe police. 23
Pa C S ~611 3
Subsequent to an arrest. the police officer shall seize all weapons used or threatened to be
used during the violation of the Protection Order or during prior incidents of abuse The
Cumberland County Sheritrs Department shall maintain possession of the weapons until further
Order of this Court When Defendant is placed under arrest for violation of the Order. Defendant
shall be laken to the appropriale authority ur authorities before whom Delendant is to be
arraigned A "Complaint for Indirect Crimmal Contempt" shall then be completed and signed by
the police ollicer OR Plaint ill: Plaintill\ presence and signature arc not required 10 lile the
complain I
OFFICE OF THE DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
ONE. COlJHHIOUSIi !t.QUARl
C~RLlSLi. P1I!:I'olNS'l"LV.,vH,4 1/013
CAROL KAY WILCOX.
Plaintiff
IN THE (,OUR r OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v,
96-921 CIVIL
KENN GAR WIN WILCOX,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
PRAECIPE TO WJTHrJRA W AL PROSECUTION
AND NOW, this 25th day of January, 1999, comes William J, Gabig, Senior
Assistant District Attorney of Cumberland County, Pennsylvania, who withdraws the
charges in the above-captioned case, The basis for this withdrawal is a request by the
Plaintiff due to the only witnesses being the twin sons of the Defendant, and their
reluctance to testify against him,
" -~
vv,
'\A...
J,--\
\
William /. Gabig
Senior Assistant District At rney
Travis N, Gery, Sr, Assistant District Attorney
Cumberland County Public Defenders Office
Trooper Jason L. Carbaugh, Pennsylvnnia State Police. Carlisle