HomeMy WebLinkAbout96-02105
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[] On _ at_ m., Delendant may enter the residence to retrieve his/her clothing and
other personal etfects. provided that Detendant is in the company ofa law enforcement ollieer
when such retrieval is made.
(8) 3 Defendant is prohibited Irom having ANY CONTACT with the Plaintill. at any
location. including. but notlimiled to, any contact at the Plaintill's place of employ men I Detendant
is specitieally ordered to stay away lrom the I<lllowing locations I<u the duration llf this Order:
Plaintiff's place of employment, wherever that may be, during her schedultd work houn.
(8) 4. Delendant shall not cOl1lactthe Plainllfl'by telephone or by any other means. including
third parties.
(8) 5. Custody of the minor children, Jason Scott Nickle, Jr. and Breona Mae Nickle,
shall be as t<)lIows Plaintiff shall have primary physical and leRal custody of the children.
Derendant shall have sl1pervised visitation witb the children throURh the Carlisle YWCA's
supervind visitation progl'am, pending further Order of Court after a conciliation conference
is held in the matter. See attached Temporary Custody Order.
o 6. Defendant shall immediately turn over to the Sherill's Ollice. or to a local law
enforcement agency lor delivery to the Sherill's Ollice, the t<lllowing weapons used or threatened to
be used by Defendant in an act of abuse against Plaintill' and/or the minor child/ren
00 7. Delendant is prohibited Irom possessing. translerring or acquiring any other weapons
for the duration of this Order. Any weapons delivered to the sherill'under Paragraph 6 of this Order
or under Paragraph 6 of the Temporary Order shall not he returned until further Order of Courl
00 8.
The following additional relief is granted as authorized by ~61 08 of this Act
Law enton:ement agencies, human service agencies and school districts shall not
disclose the presence of Plaint it rand lor her address. telephone number. or any other
demographic intormation ahout Plaintitl'and/or her children except by further Order
of Court
This Order shall remain in ellect until modified or terminated by the Court and can be
extended heyond its original expiration date if the ('ourt finds that Defendant has
commilled an act of abuse or has engaged in a pall ern or practice that indicates risk
of harm to Plaintilr
The Detendant is required to relinquish to the sherill' any tirearm license the
Defendant may possess The [>etendant' s weapons and lirearm license may be
returned at the expiration of the Final Protection Order aner Defendant has submitted
a wrillen request to the ('ourtl<lf the return of the weapons and the Court has notitied
o The terms of this Order prohibit Defendant from using, attempting to use, or
threatening to use physical force against Plaintiff or protected person that would reasonably
be expected to cause bodily injury.
[E) 13.
THIS ORDER SlJPERCEDES
[E) ANY PRIOR PFA ORDER and
[E) ANY PRIOR ORDER RELATING TO ClIILD CUSTODY
[E) 14.
All provisions of this Order shall expire one year from the date this Order is entered.
NOTICE TO TI-lE DEFENDANt
VIOLA nON OF TillS ORDER MA Y RESULT IN YOUR ARREST ON TIlE CHARGE
OF INDIRECT CRIMINAl. CONTEMPT WHICH IS PUNISHABl.E BY A FINE OF UP TO
$1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS 23 PACS ~6I 14.
VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES
UNDER HIE PENNSYLVANIA CRIMES CODE. TIllS ORDER IS ENFORCEABLE IN ALL
FIFTY (50) STATES. THE DISTRICT OF COLUMBIA. TRIBAL LANDS. U.S. TERRITORIES,
AND HIE COMMONWEALTH OF PUERTO RICO UNDER TIlE VIOLENCE AGAINST
WOMEN ACTION. 18 U S.e. ~2265 IF YOU TRAVEL OUTSIDE OF THE STATE AND
INTENTIONALLY VIOLATE TIllS ORDER. YOU MAY BE SUBJECT TO FEDERAL
CRIMINAL. PROCEEDINGS UNDER THAT ACT 18 use. ~~ 2261-2262. IF PARAGRAPH
12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL.
PROSECUTION AND PENALTIES UNDER TIlE "BRADY" PROVISIONS OF THE GUN
CONTROL ACTION, 18US C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF
FIREARMS OR AMMUNITION
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintitl's residence OR any location where a violation
of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for
violation of Paragraphs I through 7 of this Order may be without warrant, based solely on probable
cause. whether or not the violation is committed in the presence of the police 23 Pa.C S ~6113.
Subsequent to an arrest, the police otlicer 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 Sherin's Department shall maintain possession of the weapons until further Order of this
Court When Detendant is placed under arrest tllr violation of the Order, Defendant shall be taken
to the appropriate authority or authorities betore whom Defendant is 10 be arraigned A "Complaint
for Indirecl Criminal Contempt" shall then be completed and signed by the police ollicer OR Plaintiff,
Plaintiffs presence and signature are not required to tile the complaint
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purpoH~ of fAellltAtlng vlHltAtlon ArrAngementH.
The d,'f,,"dant IR ,'nJlllrll.d fl'om hnl'nHHlng nnd H!.f\!klng tI...
plnln!.iff /lnd from harnHAlng the plnln!.iff'A relntlveR.
TIll' defendnnt iA pnJoln..d t'r'olll "nl."I'inl! It", plaln!.!.ff'A
plA"e of ..mploym,'nt lUll I th.. c1/1y cnr.. f/l,'illty of th.. minor "hlld.
The' ch'-fl'ndn.nt lH (\n,jolnpd from ('f1mnving, damn.glng,
d"Ht.I'oying 01' ,,,.\ 1 in!! any PI'ol"'I'I.y oWlll.d soholy by the plalnt.lff.
The defplldant is ol'd"I'''c1 to 1'"lin'I'llAh to tI", shel'iff'"
dl"lHu.trnpnt. ftny WPI1POUS which ta~ owns, PORSPSHPR, hils uMPd or
thl'eat...npcl to u".. ngainHt It". plaintiff IUld th~ minor "hild and
th" df>fendant IH prohibited fl'OIll Ilc'luif'ing 01' pOH"..sslng any
othel' Wl'llpons fOl' the dlll'/ltloll of this OI'd"I',
A violation of this Order may subject the defendant to: I)
arrest under 23 Pa.C.S. g6113; il) A privAte criminal complaint
under 23 Pa.C.S. g6113.1; ill) a charg.. of Indll',,,,t eri.inal
contempt under 23 Pa.C.S. g6114, punishable by ImpriRonment up to
six months and B fine of $100.00-$1,000.00; and Iv) civil
contempt und"r 23 Pa.G.S. g6114.1. Resumption of co-residence on
tll" part, of the plaint.i ff nnd defPrHlanl. shall not null Ify the
provlHlons of th.. coud, ol'del'.
This Or'd,,,' '4hnll I','mnln ill ..ff",'1. lIntil modified or
t"r'minat"d by th" COllI't and e/lll hI' ext,,"d..d beyond lis original
..xpl,'ntloll dat" If U", COllI't flllll" thai t.tlf' d"fendanl has
committf~d IHlot.tH'f' lv't of nhu~fl or' hl\~ f1'n~H.g('d in a pattern or
I'rn...t.\,.p I. IIn I. illdlcllt,.." ('Olltlllll..d r'i"k of hn,'m 1..0 t.he plaintiff.
Tp,nl'ol'IH'Y ('II"tody of ,Jnsoll S. Nkkl.., ,1,', Is hel,..by awarded
Angela M. Mentz..r,
Plaintiff
Illld on behlllf of
her minor child:
,JASON S. N lCKLE, .IIL
IN THE COURT OF COMMON PLEAS OF
CUMRf:RLAND COUNTY, N:NNS YLV AN I A
NO. 91\-
CIVIL n:RM
vs.
PROTECTION FROM ABUSE
AND CUSTODY
JAson S. Nickle, Sr.,
DefE'noant.
NOTICF:
You have heen supd ill court. If YOII wi"h t.o defeno agaillHt the
claims set. fort.h in t.he followln~ pa~es, you mllsl t.akE' act.lon prompt.ly
Ilft.el' t.hls Ppt.lt.ioll, O,'d",' and NoU,'" nr.. SPI'vE'd, hy Ilpp.'aring
persollfllly or by At.t.O"IIE'Y at. I.h., hPlIl'llIfo! sch..dul"d by the COUI't. and
IH'es..lltillfo! 1.0 the COUl't YOUI' <I.'f"ns.." 01' ohJ"cUolI'" t.o t.he claims set
fo!'t.h ngllillAt. YOll, YOII III'" wal'nE'd t.hat If you 1'1111 t.o do "0 the COIII't.
may pN,,,....d wi t.hout. you, nlld /I Judl,(m"lll lOllY h.. ..1It.,'I,..<I agl\lnAt ~ou by
U'E' COIII't. without furt.hE'1' noUcp for /lilY money cluimE'd ill t.h" P,.t.it.ion
or for Ilny othur claim 01' rpli"f rp'luuAtE'd by th.. plaillt.ifr. YOII may
10"''' mon..y OJ' propel't.y 01' OUIl'!' dght." impol't.,,"t t.o you.
E~:~:lL~.PS.T.~
If the "I\He go..", to h,,"rlng /lnd t.h.. JlIdgp grants II Prol.E'ction
Order, a slll'chl\rg.. of $26,00 will b.. as""Bspd aguillAt you. You mllY
also b.. rE'ljulred t.o pay IIt.t.ol'n"y f,'p" to Legal Sel'vi"E's, Inc. for
U.plJ' r..present.at. ion of t.he plllint.1 ff.
You should take this paper t.o your lawyer at once. If you do not
have a lawyer or eannot nfford one, go to or telephone the office set
forth below to find out. whpre you Clln get. legal help.
COURT ADMINISTRATOR, Hh FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 1701~
TELEPHONE NUMBEIl: ( 717) 2-10-6200
MEN I ~.MHLW tIll !H.5^!UJ.l1'!~~LA~.T m.....l~~Q
The COUI't. of Common Pleus of' Cunlhprl/lnd Count.y i", I'''CJ.lired by law
t.o "omply wit.h t.h., Am..ricllns with DislLbl I iU"" Act of 1990. For
Informllt.ion nhout. IIc,'psslhl., f/l('il'l.;p" /llId I'.",,,ollahl.. n"commodatlon.
/lv..il..hl,. to di",\hl...d indlvi.t.llo1s h/lvllll,( husin..ss b..forp the court,
pl"n"E' "ont."ct. 011" offl,'l', ,\II 1lI'l'lIl1g"ml'lIts mllst. hp mllde ..t lea.t 72
hOllr'H pr'ior' t.o Hny h~nriJlg or' hli~dnPHH tH,rOf'E> thE' court. You must
"it.t.pnd t.tH~ :--tctu>dlll,>d confl't'Ptlcf' or hf'~lr'lfll-(.
plaintiff in rE'nRonablo f..,,,' of bodily Injury. Thi:,; has
ineluded, but iA not limited to, the following speclflc instaneeA
of I\bUlle:
a. In or abollt Ml\rch 1996, when th.. dE'fendant wl\e
holding his thrE',,-month-old bnby whom he could not Iltop
fl'om crying, lIP fOl'c'"flllly ",hook t.hE' baby cllIJ"ing the
plalnllff to fear for tho baby's BafE'ty and intervene.
On nnother ocel\slon in Mnrch 1996, t.he d"fondant
becamE' frustl'nted with th" baby when hE' could not stop
him from crying, held th.. bnby I\bollt a foot and n half
nhove a Hofn, nnd dropped him onto thE' sofa. FE'nring
for the baby's snfE'Iy, t.be plaintiff intervenod.
b. In 01' ahollt. t.h" middle of Mal'eh 1996, wh..n the
plaintiff told t.be d..f"ndant. that. sho was leaving, the
dE'fendllnt. forc',>flllly gl'nbl,,'d hE'r by t.he nrllls and told
her she w.\" not l..nv lng,
ThE' dE'fendanl camA up behind
her, pushod h"., fncf' fil'st Into n bprl, nnrl held her
down on the bE'r1 bending hpl' glasses, When the
plal.ntiff wnH nhle to stl'lIgg1E' froe from his grip, she
WE'nt. Int.o another pnrt of U'E' hOIlHe.
c. On 01' about. Fphl'lIRl'y 2, 19Rfl, th.. dE'fendant
ropeatE'dly bit t.he plRintiff on tho h..ad. ThE'
dE'f..ndnnt thl'''Rtenerl to commit suicirlp, brought a
hunt.ing riflE' Inlo Ihe room whE'rE' thE' plaintiff and her
minaI' child WPI'P lying down, Pllt t.hp gun III' t.o the
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plaintiff's E'ar, and threlltened to shoot hE'r. When the
defendant. t.ook t.h.~ gun aWIlY from t.h" plaint.iff's ear,
she ran to anothE'r room t.o call for help. While she
was holding thE' phon.., th.. d..fE'ndant gl'abhed the phone
fl'oiQ hel' and !HIHh"d t\<'I' ont.o t.h.. bed, straddled hel',
and repeat.edly grAbb"d nt. th.. plaintiff reAtralning her
from leaving.
d. In 01' abollt .Janual'y 1991; I t.lll' defendant forcefully
slapped the three weE'k old bnby Illong the Mid.. of his
head becallsE' lb. bAby was crying.
e. SincE' Ilpproximal.,'ly t.hE' Spr'ing of 1990, t.he
defendllnl hils on Hevera] <1iff..rent. occnsions, slapped
the plaintiff in the hE'ad, kicked h-r, pllllf>d her hair,
cov...red hE'r' no,.., Rlld mouth with his hAnd, and pushed
hE'r. On Olle oC"llsioll hE' t.rlE'd t.o chokE' her'.
0. The plaint.iff believE'H and therE'fore avers t.hat she and
t.he minor chi Id IlrE' in immE'dillte Hnd pr""ellt dangE'r of ahuse from
the defendlllll. and thllt. th..y are in n...,<1 of prot..cl.lon from such
abU/H'.
6. The plalnl.iff <1..,,11''''' thllt the def..ndllnt be prohibIted
from hllvlng any direct. or IndlrE'et cOlltllCt with the pllllntlff
including, but. 1101. limil.E'd to, t...lephoIH' and wl'itten
communicatlonH, f'xc..pt. for l.h,' limltt!d pllrpOHe of facilitating
vlsit".\t.ion fu'rHngpmtHlt.N.
7. Th,' plllilltiff d..."ll'es thHt. th.. tlHf"llllllnt bl' ..njolned
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from harAssing and stalkin~ thE' plllintlff, Ilnd from harassing the
plaintiff'R relatlvps.
8. Th.. plaintiff <I.....il'e... t.h.lt t.hE' ,It.f..n<lnnt b,.' 1'''At.rain..rt
from E'nl.E'rlng her plnee of "mploynwnt nlld dRY CAre facility of
the minor child.
9. The plalnt.lff d.....lreH that t.he d..fen<lAnt bE' pnJolne<l
from removln~, rlamll!!ln~, dE'Htroyin~ or H..llln~ nny prop..rt.y owned
uolely by the plAintiff.
10. ThE' pllllnliff dpslre... that any wenponR thE' def..ndant
owns, pO......E'KHeS, and hilA lI...ed 01' thl'pntpnE'<1 to IISe ngainst th..
plaintiff and th.. minor child h.. .'onfis(,fltp<l by th.. Sh,'riff'K
n..pal'tment. .
!.hn_Iil{r,umIY~ .l'ClSSKSJU9N
11. The bome which thE' plflintlff is asking thE' Court to
order the defendant to stay nway from iH not. owned or rented in
t.he dE'fendllnt.'s nflme,
12. Tllf' def..ndnnt. Is l'E'Hlding at hlH pAI','nt.s' residence
IDcatE'd at 1066 C..ntervlllE' Rond, NE'wvlile, PennsylVAnia.
C-,-.._ATTQ~Nf.'LfK!';S
13. The plaintiff aRks thnt. thE' dE'f"ndnnt. be ordpred to pay
reAsonable Rt,tor'rlpy fpPH to [.pgRl Sf'l'vic'PR, In(!.
~: L .'fE"'.f'O..R.Mlv...JaU>T()1!Y
14. The plnlntlff HPpkH tempornry cu...tody of the following
child:
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B.nl1lti9m!h1l!
Jason S. NickiI', Jr,
Robel't. Mentzer'
Peggy M('nt.?','r
ChrlRtina Ment.?pr
Richard ME'nl1;t'I'
Hon
Fath',>I'
Mo UIlH'
S I "t.I'I'
Brot.la'r
The dE'fendant., th.. fllth"l' of thp dllld, currently I'esldes at
1066 Celll,ervlllp Road, Newvi J I.., ClImllPl'l/llId COllnt.y, Pennsylvllnla.
He Is ,dn~lp.
Th.' defpn.lant clll'l'ent.1y 1'''Hid.'s with t.h.. following persons~
Na.e
He I a.tl..mulh i.l!
Cal'olyn Walkpl'
Ron Walker
MothE'r
SIep-father
15. The plaintiff hnA not PI"'ViOllRly (llll'tlclpnted in any
litigation concel'nlng clIRtody of t.hp nbovE' m,'nt.lolH'd child in
this or any other Court.
16. The plaintiff hilS no knowl"d~p of any cUHtody
proceeding" cone.>rning thi.. child ppnding bpfol'e a court. in this
or Any other Jurisdiction.
17. The plnintiff dO"R not know of Any pprHon not a party
t.o thl" act.ion who hA" physirAI clIstody of Ulf' child or claims to
havp eust.ody 01' viHilnti0n I'i~hts wlt.h "E'Hpp('t. to t.he child.
lA. Thp beHt IlIt..rf>At.s IInd pprrnnnpnt welfare of the minor
child will bp mpt If <'lIRtody iR t.pmpol'III'ily !p'Rnt.ed to t.he
plAlnllff ppn,ling 'I hparing in thiN mllt.ter fol' l'eASOnH includin,~.
a. TI... plnlnt iff iR A 1'..sponRlblE' pAr<'nl who can best
t.nk.' ell I'" of th.. mlnol' child, IInd the plalnt.lff has
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provided for the E'motional Ilnd phYMlcul needs of the
ehlld since hiM birth.
b. 'rill' d..fendunt hils Mhown hy hiM "bUAI' of the
plnintiff Ihllt h. Is not Iln Ilpproprlllte role model for
thE' minol' child.
c. The defendnnt'H behavior haA udvE'rHE'ly affected
HI" child.
WHERF.FORF:, pursullnt t.o thE' pl'ovislons of t.h.. "PI'otectlon
from Abuse Act," of OctobE'" 7, 1976, 23 PlI.C.S. ~ fl101 !'t ~" as
amended, th,' pllllnt I.ff PI'UYS this Hono,'able Court t.o grant t.he
following relief:
A. Grant a Temporary Order pursullnt to the
"Prot.ection from Abus,' Act:"
1. Ol'dering the defendant t,o refrain from
abusing the plaintiff or the 1II1nor child or
placing them in ff'ar of ubllsf'.
2. Ol'derlng thE' dE'f.'nrlant 1.0 refrain from t1avinl
any dirE'c! or Inllirf>ct contact wlt.h the plaintiff
Including, bllt. not 1 imltE'd to, t.e1ephonE' and
written commllnicAtions, ..xeropt. t.o facilitate
visitRtion nr'rnngf~mr"tR.
3. Ordl','ing !h.. d..f"ndllnt to r..frain from
haraHAing and stulkinM th" plaintiff and from
haraHslng th" plaintiff's relulivl's.
4, Prohlhi t.lng Ull' d"fpnd'\nt from E'nt.erlng the
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plnlnl.iff'H plaro of employment or the dAY care
fncllity of the minor child.
5. Prohlbitln~ tho defendAnt from removing,
dnmal(ing, t1,'!',t,'oylng 01' Hl!lllng 1"'OI"'rty owned
Holely by It". plnlntll'f.
n. Orderln~ the d~l'E'nJnlll to stAY away from the
IJ\,lInt I ff'A l'esldenl'e lo",\U'd al 10 !lolllngpl'
SI r....t.. Mt. !lolly Sl'l'llIgs, Cllmbel'land County,
Ppnnsylvallill, and nny ot.h,'r l'E'Hldpnco the
pluinl Iff lOllY E'Atnbll"h.
7. Granting tE'mpornry cUHtody of Ihe minor child
to the plnint.lff.
8. OrdE'l'ing t.h.. dpfpndAnl t.o l'E'lln'lllish to the
shE'rlff'H depnrtm..nt. Ilny WE'UpOnH which he owns,
pOR"e"".." 01' hAH lIH"d 01' thl'..at.E'n..d t.o II"" agAin"t
th., plaintiff And th.. minor child I\nd prohibiting
t.he dpf,,"d,".1 from I\c'l'lil'illg 01' pO"He"sill!! any
ot.hpr Wf'ApOIlH for th.. dtll'ntloll of th.. or,lE'r,
R. Sct...dlll.. a "..nl'in!!! 1.11 .'\("'I>I'<lIHI<'" wi,th t.h., provisions of
th.. "Prot,pct.lon from AhllsP Act," lind, nftel' such h""I'lng, ent.er
an order t.o he in f"rff~ct fo,. H pf'r'jod of nnp ynnr':
1. OI'd"I'lng Ih... defendnlll' to I'l!fraln from
ahll"ing tltl' pllllnt I ff '>I' till' 1011101' child. 01'
plnclng thpm III f..,u' of I\hllse.
2. O"II"I'ing th,. d,'f,,"dnnt to l'efl'l\ln from having
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any dir~ct or Indlr8ct eontact with the plaintiff
includillg, but not limlt..d to, telephone and
wl'lt.tpll conllllunlr'fd.ionM, px...,pt. t.o facilitat.e
viHlt.Ilti()rl "t'r'flr'~(\mf'rlt.H.
3. ()1'dl'I'ln~ It,,> dpfplld.1lnt. t.o ,'efrflin fl'om
IlIlI'aHMlng flnd st.nH,illg thp p1nint.l ff nnd from
harflMMinl!( t.h" plnill\'.iff'M I'plfllivps.
4. Prohibiting I.hp dl'r,'ndllnt. fl'OIll ent...ring t.he
plaintiff's plael' of pmploympnt or l.he day eare
fllcllity of t.hE' minor child.
5. Prohibiting the defl'ndanl from removing,
damaging, destroying or "E'lling properly owned
solely by the plflint.iff.
6. OrdE'ring thE' dE'fE'ndflnt 10 Htay away from the
plainllff'" rE'"lrl..nee locnted at 10 Hollinger
Stre..t, Mt. Holly SprlngH, ClImbprlnnd C0unt.y,
PE'nnsylvnnia, Hnd nny othE'r resldpnce thE'
plalhtlff may establ IMh.
7. Ordl'l' I Ilg t.h,' d"fE'ndHnt. 1..0 pay 1'...lsonable
It,t.t.orn(~y f(1'liH t.o LpH'RI Sf'l'ViCf"R, Inc.
A .
OI'rlpl'ing t,h.> r!f'f..nd'lnt. to l'elln'l'tlHh to the
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Rhl'rlff's depIII't.IOf'tlt "ny WI'flpons which hp owns,
()ORAeR~H'~ ell" has !IAPd Of' thf'Pflt.ened t.o use aga-inBt
the plfllntiff "nrl t.he mlnol' chi.ld, flnd pl'ohibitinll
t.t1E' def"llllflnt fl'om ""'lull'in!! 01' POS""BS Ing allY
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othE'r w..aponA for the dUration of the Order.
The pl/\inll ff flll't.ll<'r I\AkH t.I"'t thlA Pet I lion be fll,'d and
servE'd wlthollt paymE'llt 01' f....H Alld COHt.. by th.. plalnt.i.ff,
penrllng A flll'thE'I' ol'dpr Itt th.. h..nl'ill!(, "lid t.hllt, cf'I'tlfi..d CClpll!A
of t,hiH PE't.i t. ion Illld o I'd"I' hl' d.d iYl'I,..d t.o till' P""IlHylvoliA State
PolicE', Mt. Holly SprlngH, Ilnd ('IlI'liHI.. Pollcp n,'pllrt.mE'Ilt.H which
havE' JIII'isdil'tioll to pllforc.. t.hi.. OI'd"I'.
Th.. pllllllt.lff pl'llYS for "lIch oth"I' l'..li"f aR mllY be JURt and
pl'ope r.
COil NT II
CUSTODY UNI>E-'L.P~:tH"~Y\.VA.!'iLA CIlSTOI>Y I,AW
19. The nll..gnUonH of eOlllll T nbov.. "I'P i.neorpol'ated
herein ns if fully ..et fOI'th.
20. ThE' hpsl intpl'pHt fllld P"I'tn"lI<'nl.. wel far" of th" minor
('hlld will b.. sprYI'd by ('onfll'ming clIHtody in t.he plnlntlff as
set. f')J,t.h in pnl,,,~p'llph IR of t.h" {>plition.
WIIF.RF.[i'ORF., {>llI'sllnnt to 21 PIl.C.S. ~ 5301 et. 1l..!tU., and other
appli,'"hl.. l'ld"H Ilnd Illw, t.hp plAint il'f prllYs t.hi.. lIollorable
COIII't t.o.llwl\l'd ('1I..t.o,ly of tll.. minol' child to hpr.
Th.. plalnl.lff prays for such other r..liE'f 08 lORY be just and
propf."r I
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R....W.ctflllly submltt.ed,
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J nn CnrE'Y, Attor .y for
.t.EOAI. S~:RVlCES, , e.
R ! I'Y in.' 1I.0w
CnrIIHI.., PA 17011
(717) 24:1-9.IOO
PIslntiff
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ANGEl.A MAE NICKLE (MENTZER),
Plaintiff
. IN THE COURT OF COMMON Pl.EAS 01'
CUMBERI.AND COUNTY, I)ENNSYLV ANIA
vs
NO %-2105 ('lVII, TERM
JASON SCOTT NICKl.E, SR,
Delendant
PROTECTION FROM ABUSE AND CUSTODY
NOTICE OF HEARING AND ORDER
YOl/IIA Vt: Bt:t:N Sir t:l) IN COil RT. If you wish to detend against the claims set fonh in the
lollowing papers, you must appear at the hearing scheduled herein (I' you lail to do so, the case may proceed
against you and a FINAL Order lIlay be entered against you granting the relief requested in the Petition In
panicular, you may be evicted frum your residence and lose other imponant rights
A HEARING ON TillS MATn:R IS SCHEDlII,f,I) ON nlf, /S b,", DA YOlo'
f'EBRUARV, 1999, AT ---.l..l.C._-E...M., IN COlJRTROOM NO. J OF THE
CUMBf,RI,AND COlINTV COlJRTIIOlISE, CARUSU:, PENNSYLVANIA.
You MUST obey the Order that is attached until it is modilied or t';lrminated by the coun after n01ice
and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you
to a charge of indirect criminal contempt which is punishable by a line of up to $1,000.00 and/or up to six
months in jail under 23 Pa. C S ~6114 Violation may also subject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code Under federal law, 18 use ~2265, this Order is enforceable
anywhere in the United States, tribal lands, US Territories and the Commonwealth of Pueno Rico. If you
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 U SC ~ 2261-2262
You should take this paprr to your lawyer at once. You have the right to have a lawyer
represent you at the hearing. The court will not. however. appoint a lawyer ror you. .r you do not
have a lawyer or cannot afford one. go to or telephone the office set rorth below to find out where you
can get legal help. Ir you cannot Iind a lawyer. you may have to proceed without one.
CUMBERl.AND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 170\.1
THEPIIONE NUMBER (717)249-3166
i\1\URI<:ANS WITH DlSAHII,ITI(o:S ACT Of' 1990
The Coun olTommon Pleas of Cumberland County is required by law to comply with the Americans with
Uisabilities Act of 1990 For information about accessible lacilities and reasonable accommodationsavailable
to disabled individuals having husiness before the court, please contact our ollice All arrangements must
be made at least 72 hours prior to any hearing or husiness belore the c<Jurl. You must allend the scheduled
conference or hearing
IE> 4 Except for such contact with the minor children as may be permilled under Paragraph
5 ofthis Order, Delendant shall not cuntact Plaintill'by telephune ur by any other means, including
through Ihird persons
IE> S. Pending the outcume oft he linal hearing in this matter, Plaintitl'is awarded temporary
cllstody of the Illlluwing minor children Jason Seoll Niekl~, Jr. and Bnona Mar Niekl~.
lJntilthe linal hearing, all cuntact between Delendant and the children shall be limited
to the Illllowing
Supervisw visitation throuah th~ <:arlisJ~ YW<:A's sup~rvi5fd visitation
proKram.
IE> 6. Delendant shall immediately relinquish the following weapons to the Sheriffs Office
or a designated local law enforcement agency for the delivery to the Sheritl's Office: any and all
weapons, specineaDy a handgun. Defendant is prohibited from possessing, transferring or acquiring
any other weapons for the duration of this Order
IE> 7
The following additional relief is granted'
The Cumberland County Sherill's Department shall allempt 10 make service at
Plaintilfs request and without pre-payment oflees, but service may be accomplished
under any applicable Rule of Civil Procedure
This Order shall be docketed in the ollice of the Prothonotary and lorwarded to the
Sherifffor service The Prothonotary shall nut send a copy of this Order to Defendanl
by mail
Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of Plaintill' and/or the minor children in the jurisdiction or
district or furnish any address, telephone number, or any other demographic
information about Plaintift'and/or children except by further Order of Court
'.
\
!
This Order shall remain in ellect until modi lied or terminated by the Court and can be
extended beyond its origmal expiration date if the Court linds that Defendant has
committed an act uf abuse Of has engaged in a pallern or practice that indicates risk
of harm to Plaintiff'
:(
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Detendant is required to relinquish to the shelitl' any lirearm licenst~ Delendant may
possess Defendant's weapons and lirearm license may be returned at the expiration
ufthe Protcction Order aller Defendant has submillcd a written request to the Court
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lor the return of the weapons and the Court has notified Plaintitl' of the request and
given Plaintilhn opportunity to respond A copy ofthis Order shall be 1ransmilled
to Ihe chief or head of the police departmenlofPennsylvania State Police (Carlisle)
and 1he sheritr of Cumberland ('ounty
Defendant is enjoined from damaging or dcstroying any property owned jointly by the
parties or owned solely by l'laintill'
Detendanl is 10 refrain from halassin!( Plail1lill's relatives or the minor children.
[E> 8. A certitied copy of this Order shall be provided 10 the police department where
Plaintiff resides and any other agency specitied herealler
[E> 9. TillS ORDER SUPERSEDES[E> ANY I'RIOR PI' A ORDER and [E> ANY
PRIOR ORDER REI.ATlNG TO (,IIII.D CIISTODY
TIllS ORDt:RAPPUt:S IMMt:DIAH:LY...O Dt:....:NDAN... AND SHALl. REMAIN
IN EFFECT UNTil. MODIt'IED OR TERMINA'fF.D BY TillS COURT Ant:R NOTICE
AND HEARING.
NOTICE TO DEFENDANT
Defendant is hereby notitied that violation of this Order may result in arrest tor indirect
criminal contempt, which is punishable by a tine of up to $1,000 00 and/or up to six monlhs in jail.
23 Pa.C.S. ~6114. ('onsent orthe Plaintill'to Detendant's return to the residence shall not invalidate
this Order, which can only be changed or modilied through the tiling of appropriate court papers for
that purpose. 23 Pa.C.S. ~611.l. Detendant is further notified that violation of this Order may
su~ject him/her to stale charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 1I S C ~~ 2261-2262. Any
protection order granted by a court may be considered in any subsl:quent proceedings, including child
custody proceedings, under title 2.1 (Domestic Relations) of the Pennsylvania Consolidated Statu1es.
NOTICE TO tAW EN.'ORCEMENT ()I4I'ICIAl,S
This Order shall be enli.lfced by the police who have jurisdiction over the plaintiffs residence
OR any locations where a violation of this order occurs OR where the delendantmay be located. If
defendant violates Paragraphs I through 6 of this Order, detendant may be arrested on the charge of
Indirect Criminal Contempt An arrest Ii.lr violation of this Order may be made without warrant,
based solely on probable cause, whether or not the violation is commilled in the presence of law
enforcement
II. The lacts of the must recent incident of abuse arc as tlJllows:
Approximate Dale
Approximatc Timc
Placc
February .1, I 'J'J9
I ]0 a IJI
('Iaintil}' s residcnce, 7 Pinc Road, Apt 506,
Mt 1 lolly Springs, CUlJlbcrland County, Pennsylvania
On or about February .1, I 'Jl)'J, Delendant demanded that Plaintill'have
sex with hilJl saying, "I want some ass" When 1'lainlit1' relused, Delendant
got ontop of I'lainlill: lried to pry her legs apart, ripped oil' her underpants,
pinned her to the bed by holding her arms and her shoulders, threatened her
saying, "I'll get it any way I can, I'll kccp you up all night if that's what it
takes," and forcibly cngaged PlaintitTin sexual intercourse despitc her pleas
IIII' him to stop. Aller she went downstairs to gel away IhllJl him, Delendant
followcd I'laintill: grabbed hcr IIJrearms, jerked her up oll'ofthe chair where
she sat, shovcd her down onto the l;ouch, thrcw himself ontop of her, and
pushed her to the 11001' The Delendant repealedly pushed down the receiver
when Plaintill'tried to telephone the police lor help saying, "I'm not going
back to jail", and pulled the lelephone cord from the receiver disabling it.
When PlaintilTtried 10 g~t outthc door, Delendant blocked the door with his
body and told Plainlit1: "You're not going anywhere" Delendanl shoved
PlaintilT to the floor, threw his coat over her face, punched her repeatedly
about her face and head, stretched the coat tightly over her lace cutting olTher
breathing, choked her with bolh his hands, and repeatedly threatened, "I'll kill
you. I don't care what I have to do to get it." Delendant lorcibly engaged
PlaintitTin vaginal and anal sexual intercourse, told her several times to "shut
up", and held his hand over her mouth to quiet her screaming and crying. As
Plaintill'lay on the 11001', Deltmdant grabbed her by the ankles, dragged her
on her back across the noor and up approximately 4-5 stairs, then dropped her
feet causing her to slide backward down thc stairs to the Iloor. After
Defendant fell asleep, Plaintill'telephoned 'J II for help. Pennsylvania State
Police arresled and charged Defendant with simple assault, rape, involuntary
deviate sexual intercourse, sexual assault, aggravated indecent assault, and
indecent assault Delendant was arraigned belore District Justice Correal and
remanded to Cumberland County Prison on $50,000 bail A preliminary
hearing in this case is scheduled bel11l'e District Justice Day on February 10,
1999, at 1000 a m Plaintill'sought immediate medical attention at Carlisle
Hospital lor injuries she sustained as a result of this incident including, but not
limited to, bruising, swelling, and soreness about hel lace and head, bruising
and soreness aboul her arms, shoulders, and legs, a contusion and soreness
about her back, lacerations, swelling .and soreness about her mouth, and
internal injuries as a result of the sexual assault
12. Defendant has com milled the Illllowing prior aCls of abuse against PlaintilT
a) On or about February 1,199<), I)elendanlthreatened Plaint ill' saying,
"I'd just love to kill you with my steel-Ioed bools, kick the shiloutof you
with Ihese boots"
b) On or about January 28, 1999, Detendanl demanded that Plaintitl. give
him money for beer, and when she refused, he became angry, lallowed her
upstairs, repeatedly slapped her hands against her face as she tried 10 remove
her contacts, blocked the balhroom door with his body prevenling her from
leaving, told Plaintill'to "think fast", and backhanded her in the fa~~e with his
hand. As Plaintitl'held her hand 10 her injured eye and nose, Delimdant made
a movemenl with his hand, told her 10, "Watch the birdie," and kicked I'lainlitl'
in the thigh causing her to fall backward into the bathtub hilling her head
against the tub As a result of this incident I'laintin' sustained bruising and
swelling about her eye and nose, soreness about her head, and bruising and
soreness about her thigh
c) In or about early January 1999, Defendant grabbed I'laintitrs ankles
and jerked her olT of the couch where she sat, causing her to fall on the noor
onto her elbows Plainlitl'sustained contusions and soreness about her elbows
as a result of this incident
d) On or about November 10, 1998, Detendant grabbed Plaintiff by the
neck with both his hands, benl her backward over the back ofa rocking chail,
screamed in her face demanding to know where she and his 0101 her had
hidden their money, pushed her to the noor, punched hcr about her head
several limes, and threatened. "Yuu people want to do this to me? Well, I've
got something Illr you" Whcn Plaintill'saw Delendant go into another room
and pick up his step-father's handgun, she grabbed her I and J year old
children and ran to a neighbor's house lor help PlaintitTtelephoned 911 for
help and when Pennsylvania State Police arrived at the residence, Defendant
was on the porch screaming and yelling, waving the handgun about, and
pointing it in the direction of Plaintill' Detendant was arrested and charged
with terroristic threals, simple assault, recklessly endangering another person,
harassment and stalking, and publi(; drunkenness Defendant was placed in
Cumberland County Prison where he remained II" approximately J weeks,
until he was released on bail A preliminary hearing was held on December
10, 1<)98, and the case was bound over for trial, which is scheduled on March
12. 1999
e) On or about October 26, 1998, Delendant wrote a leller to Judge J
Wesley Oler, Jr (see allached Exhibit (', incorporated herein by reference),
requesting that the guns that wele conti scaled from him as a result of Ihe
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R. The defendant is ordered to stay away from the
plaintiff's residence located at 10 Hollinger Street, Ht. Holly
Springs, Cumberland County, Pennsylvania, and any other residence
the plaintiff may establish.
7. The defendant is ordered to relinquish to the sheriff's
dep~rtment any weapons which he owns, possesses or has used or
threatened to use against the plaintiff and the minor chil~. The
defendant is prohibited from acquiring or possessing any other
weapons for the duration of the Order.
8. The court costs snd fees are waived.
9. This Order shall remain In effect for a period of one
y~ar or until modified or terminated by the Court. The Order can
be extended beyond its original expiration date if the Court
tinds 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.
10. 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. g6113.1; Hi) a charge of indirect criminal c:ontempt
under 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.t. Resumpt.ion of co-residence on the part
of the plaintiff and def~ndant shall not nullify the provisions
of the c:ourt order.
11, Thn Pennsylvania State Police, Mt. Holly springs, and
Carlisle PolicE' Departments shall be provid..d with certified
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6. The defl!lldant [.. ol'dE'I'Prl 1..0 "t.IlY aWIlY from t.ho
plaintiff's rllAidllnrll locate<l III 10 Holllng..r StroE'l, MI.. Holly
Sl'r i ng s, Climb.. rl and r,OIlIl t.y, P,'lIl1sy I V '111111, Hnrl UII y 0 t.h" I' rE'S I <I"n(:"
t.he plaint.iff 'OilY pHt.ubl ish.
7. Tht'dpfpndullt is ",'dpI'"rI t.o l'plill'Jlllsh 1..0 t.hE' shE'r!.ff'H
clfl'pllf't.ment. any WPIlPOHH which hr> owns, po~.n"H-~HHq~ or hn,H uRed or'
t.hrl'lI.t.t'n,'d to liS" lIi,luinst th... p'"llltlff ulld th" millol' child. ThE'
def"IHlunl. I" pl'oh I b i t"d fl'om HI"JIlI r \ IIg or possess I ng Any ot.he r
W("'''IHHJR for' tht' dllration of t.tlf-' Or'der'o
R. Ttu" court ('OstR find ft'PH nt'E' waived.
9. This Or'd"I' shnll I,.,mnln III ,,'f..('t for 1\ period of one
YPHr 01' III1t.il modi.fi"d or t."I'nlil\llt...d by UIE' r,Oll"t..
Thl' Ol'd..r can
b" "xt.elld"d bE'YO'HI it.s o,'lg!lIal l'Xpl"lllioll dnte i.f t.h" COllrt
finds thllt t.h" d"f"ndllnl hllH ('ommltlE'd ollot.hE'r net of nbllsE' or
ha" ,~ngAgf'd In 1\ pat t...I'n 01' I','nf'l i"" t.hat indicHt.l1" cOlltlnued
risk of harm loth.. I'lailltiff.
10. Thi" OI'd"I' m"y Hub,jpcl lhE' df'fE'ndllllt. t.o: I) arrest
"'''\<'1' 2~ Po.C.S. ~611~; i I) a privnt.E' ct'i'nlnal complAint under 23
Po,r,.s. ~6113,1; i.il) ., ct""'g,, of illdirt'cl. l'rimlna] contempt
und,,!' 23 PIl.C.S. ~611.I, p"III"hnblp by 100priAOnmE'nt. Ill' to six
mOIlt.hs und II fin" of $IO(),OO-$I,Onn.O(): alld iv) "ivi] contempt
lindE'" 2~ po.r,s, ~6114.1. fI"Hlllllpt ion of ('o-rNdd"IIC" on the part
of thE' plnillt.i ff alld d,.f",,,IHnt. shill I lIot 111111 i fy thp pl'ovisions
of the COII1't. or'df'>r'.
11. Th.. Pf'lIl1sylvHniH StilI" Pol i.('" , Mt, Holly springs, and'
CllrI islp Pol irE' O"p.u'l.m"nt,s "III/,ll f". l','()vld..d wlth "E'rtlfied
M"II any propnrly ownE'rl by Ihp plninl Iff.
6. ThE' dpfundnllt n~rp..s to stay awny from thp plaintiff',.,
rl:'Rldencp loclllprl nt 10 1101 I ing"I' Str,>pt, MI. Holly Spl'i.llgA,
Cllm~ll'rll\nd County, P"nnHylvllniH, Hnd 'lilY OU'<,I' rpsldpncp t.hp
plnintlff lOllY ..stllhl iHh.
7. Th" d,'fpI"IHnt IIg""PH to 1'"llnqlliHh t.o U... "llAriff'o;
depnl't,'"E'nt. .Iny wpn!",nH wh ir'h hp IIHed 0" thl'Plltl'npd to IISe lIgninHt
t.hp pllllnt,lrf or thp minor "hild.
R. Thp ,t..fpndllnl, IIlthou~h pntpI'lng into thi,. Agrpement,
dops not Hdmit t.h.. nllp!,!"tlon,., mHdE' In t.h,' Pet.ltion.
9. Thp <fpfpndllnt llndE'I'HtllllllH t.hllt the Protect.ion Ol'der
ellt.erpd III Ihi,., 11I1111."1' wi I I I", In ,'f'fPr't. fo,' II pel'lod of onp 'II'al'
Ilnd eRn bp Hxtf"udf'd hpyond at. or'iginnl pxpir'atiotl d'lt.t-,> if the
COlll't.. find>! that. th,' dpfpndllnt hll,., cOllllllittf'd "not.hE'!' act. of abuse
or hns E'ngllg"d In II pHlt.pl'n or' pl'adlc,' Ihllt. indiclIl.<'" cont.Inued
l'l"k of harm t.o thE' plnintif'f', Th" dpff'ndHnt llndprst.ands t.hat
thtR Ordpr' will be pnfol'cl'H.blf" in thf' RHmp mannf:'r nH t,hr. Court's
prior TempOrf-l['Y Pr'ot.P('t ion Or'dr'>r' t'ntpt'l!'>d in this CJ\Sf..~.
10. VI.olnt Ion of t.hp Protp,'t!"n Ol'dpr mllY 'illbJpct. th"
dpfpndllnt t.o: i) 111'1,,,,,1 IIndpl' 21 p".('.S. ~fill~; i I I a private
crlminlll complni",t lInd'.'r 2~ PII.C.S. ~fill:l.l; lil) II chnr!l" of
I"dll'p"t r'rlllllnlll cnnt"mpt ullder 2:1 Pn.C.S. ~f\114, pllllisllllble by
impI'l"ollm"lIt "I' to six mOllthH alld " fin!' of $IOO.()O-$l,OOO.OO;
and Iv) ('ivil cOllt""'pl IInd,,1' 2:1 P",C.S, ~fill,I.1.
11. Th.. d,'f'.."dnnt "nd th<' plaint. Iff 11!lI'f'" to t.h,' "ntry of
"n OI'<lE'I' pl'ovldlnJ,( 1'0" th.. following I,..gllf'dllliol cIIHt.ody of t.heir
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(70) ., '-I:?6'-O,).f:}/
Angela M. Mentzer,
Plaintiff
and on behalf of
her minor child:
JASON S. NICKLE, JR.
VS.
Jason S. Nickle, Sr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PROTECTION FROM ABUSE
AND CUSTODY
TEMPORARY PROTECTION ORDER
AND NOW, this day of April, 1996, upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff, Angela M. Mentzer, and the minor child, now
residing at 10 Hollinger Street, Mt. Holly Springs, Cumberland
County, Pennsylvania, are in immediate and present danger of
abuse from the defendant, Jason S. Nickle, Sr., the following
Temporary Order is entered.
The defendant, Jason S. Nickle, Sr., (SSN: unknown and date
of birth: 9/10/77) now residing at 1066 Centerville Road,
Newville, Cumberland County, Pennsylvania, is hereby enjoined
from physically abusing the plaintiff, Angela M. Mentzer, or the
child, or placing them in fear of abuse·
The defendant is ordered to stay away from the plaintiff's
residence located at 10 Hollinger Street, ~4t. Holly Springs,
Cumberland County, Pennsylvania, a residence which is not owned
or leased by the defendant, and any other residence the plaintiff
may establish.
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, except for the limited
purpose of facilitating visitation arrangements.
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 and the day care facility of the minor child.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned solely by the plaintiff.
The defendant is ordered to relinquish to the sheriff's
department any weapons which he owns, possesses, has used or
threatened to use against the plaintiff and the minor child and
the defendant is prohibited from acquiring or possessing any
other weapons for the duration of this Order.
A violation of 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. §6113.1; iii) a charge of indirect criminal
contempt under 23 Pa.C.S.
six months and a fine of
contempt under 23 Pa.C.S.
§6114, punishable by imprisonment up to
$100.00-$1,000.00; and iv) civil
§6114.1. Resumption of co-residence 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 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.
Temporary custody of Jason S. Nickle, Jr. is hereby awarded
to the plaintiff, Angela M. Mentzer.
A hearing shall be held on this matter on the ~ day of
April, 1996, at ~ ~ ~.m., in Courtroom No..~, 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 Pennsylvania State Police and Mt. Holly Springs 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 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
taken before the appropriate district justice. (23 Pa.C.S. §
6113).
By the Court,
Angela M. Mentzer,
Plaintiff
and on behalf of
her minor child:
JASON S. NICKLE, JR.
VS,
Jason S. Nickle, Sr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96- CIVIL TERM
:
: PROTECTION FROM ABUSE
: AND CUSTODY
N O T I C E
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.
FEE~ AND COST~S
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 should take this paper to your lawyer at once. If you do not
have a lawyer or cannot afford one, go to or telephone the office set
forth below to find out where you can get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717} 240-6200
AMERICANS WITH DISABILITIES ACT OF 199n
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. Ail 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.
Angela M. Mentzer,
Plaintiff
and on behalf of
her minor child:
JASON S. NICKLE, JR.
VS,
Jason S. Nickle, Sr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-~/~CiViL TERM
PROTECTION FROM ABUSE
AND CUSTODY
PETITION FOR PROTECTION ORDER
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 Pa.C.S. § 6101 et seq.
A. ABUSE
1. The plaintiff, Angela M. Mentzer, is an adult
individual residing at 10 Hollinger St., Mt. Holly Springs,
Cumberland County, Pennsylvania 17065.
2. The defendant, Jason S. Nickle, Sr., (SSN:
unknown)(Date of Birth: 9/10/77), is an adult
at 1066 Centerville Road, Newville,
Pennsylvania, 17241.
individual residing
Cumberland County,
3. The defendant is the father of the plaintiff's child·
4. Since approximately the Spring of 1995, 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 and the minor child including
following the plaintiff under circumstances which have placed the
plaintiff
included,
of abuse:
in reasonable fear of bodily i~jury. This has
but is not limited to, the following specific instances
a. In or about March 1996, when the defendant was
holding his three-month-old baby whom he could not stop
from crying, he forcefully shook the baby causing the
plaintiff to fear for the baby's safety and intervene.
On another occasion in March 1996, the defendant
became frustrated with the baby when he could not stop
him from crying, held the baby about a foot and a half
above a sofa, and dropped him onto the sofa. Fearing
for the baby's safety, the plaintiff intervened.
b. In or about the middle of March 1996, when the
plaintiff told the defendant that she was leaving, the
defendant forcefully grabbed her by the arms and told
her she was not leaving. The defendant came up behind
her, pushed her face first into a bed, and held her
down on the bed bending her glasses. When the
plaintiff was able to struggle free from his grip, she
went into another part of the house,
c. On or about February 2, 1996, the defendant
repeatedly hit the plaintiff on the head. The
defendant threatened to commit s~icide, brought a
hunting rifle into the room where, the plaintiff and her
minor child were lying down, put the gun up to the
plaintiff's ear, and threatened to shoot her. When the
defendant took the gun away from the plaintiff's ear,
she ran to another room to call for help. While she
was holding the phone, the defendant grabbed the phone
from her and pushed her onto the bed, straddled her,
and repeatedly grabbed at the plaintiff restraining her
from leaving.
d. In or about January 1996, the defendant forcefully
slapped the three week old baby along the side of his
head because the baby was crying:.
e. Since approximately the Spring of 1995, the
defendant has on several different occasions, slapped
the plaintiff in the head, kicked her, pulled her hair,
covered her nose and mouth with his hand, and pushed
her. On one occasion he tried to choke her.
5. The plaintiff believes and therefore avers that she and
the minor child are in immediate and present danger of abuse from
the defendant and that they are 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, except for the limited purpose of facilitating
visitation arrangements.
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 and day care facility of
the minor child.
9. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
solely by the plaintiff.
10. The plaintiff desires that any weapons the defendant
owns, possesses, and has used or threatened to use against the
plaintiff and the minor child be confiscated by the Sheriff's
Department.
B. EXCLUSIVE POSSESSION
ll. The home which the plaintiff is asking the Court to
order the defendant to stay away from is not owned or rented in
the defendant's name.
12. The defendant is residing at his parents' residence
located at 1066 Centerville Road, Newville, Pennsylvania.
C. ATTORNEY FEES
13. The plaintiff asks that the defendant be ordered to pay
reasonable attorney fees to Legal Services, Inc.
E. TEMPORARY CUSTODY
14. The plaintiff seeks temporary custody of the following
child:
4
Present Residence
Age
Jason S. Nickle, Jr. 10 Hollinger St. 3 mos. old
Mt. Holly Springs, PA DOB 12/30/95
The child was born out of wedlock.
The child is presently in the custody of the plaintiff,
Angela M. Mentzer, who resides at 10 Hollinger Street, Mt. Holly
Springs, Pennsylvania.
Since his birth, the child has resided with the following
persons and at the following addresses:
Name Addresses Dates
Plaintiff, defendant, 10 Hollinger St.
Robert and Peggy Mentzer Mt. Holly Springs,
(plaintiff's parents),
and Christina and
Richard Mentzer
(plaintiff's siblings
12/30/95 to
PA 2/20/96
Plaintiff, defendant,
and Buddy Nickle
(defendant's father)
78 E. Pomfret St..
Carlisle, PA
2/20/96 to
4/1/96
Plaintiff, Robert and
Peggy Mentzer
(plaintiff's parents),
and Christina and
Richard Mentzer
(plaintiff's siblings)
10 Hollinger St.
Mt. Holly Springs,
4/1/96 to
PA present
The plaintiff, the mother of the child, currently resides at
10 Hollinger Street, Mt. Holly Springs, Cumberland County,
Pennsylvania.
She is single.
The plaintiff currently resides with the following persons:
Jason S. Nickle, Jr.
Robert Mentzer
Peggy Mentzer
Christina Mentzer
Richard Mentzer
The defendant, the father of
Relationship
Son
Father
Mother
Sister
Brother
the child, currently resides at
1066
Centerville Road, Newville, Cumberland County, Pennsylvania.
He is single.
The defendant currently resides with the following persons:
Name Relationship
Carolyn Walker Mother
Ron Walker Step-father
15. The plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in
this or any other Court.
16. The plaintiff has no knowledge of any custody
proceedings concerning this child pending before a court in this
or any other jurisdiction.
17. The plaintiff does not know of any person not a party
to this action who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
18. The best interests and permanent welfare of the minor
child will be met if custody is temporarily granted to the
plaintiff pending a hearing in this matter for reasons including:
a. The plaintiff is a responsible parent who can best
take care of the minor child, and the plaintiff has
provided for the emotional and physical needs of the
child since his birth.
b. The defendant has shown by his abuse of the
plaintiff that he is not an appropriate role model for
the minor child.
c. The defendant's behavior has adversely affected
the child.
WHEREFORE~ pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. § 6101 et seq.~ as
amended~ the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the
"Protection from Abuse Act:"
1. Ordering the defendant to refrain from
abusing the plaintiff or the minor child or
placing them 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, except to facilitate
visitation arrangements.
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
7
plaintiff's place of employment or the day care
facility of the minor child.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property owned
solely by the plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence located at 10 Hollinger
Street, Mt. Holly Springs, Cumberland County,
Pennsylvania, and any other residence the
plaintiff may establish.
7. Granting temporary custody of the minor child
to the plaintiff.
8. Ordering the defendant to relinquish to the
sheriff's department any weapons which he owns,
possesses or has used or threatened to use against
the plaintiff and the minor child and prohibiting
the defendant from acquiring or possessing any
other weapons for the duration of the order.
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 the minor child or
placing them in fear of abuse°
2. Ordering the defendant to refrain from having
8
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications, except to facilitate
visitation arrangements.
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 emplolyment or the day care
facility of the minor child.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property owned
solely by the plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence located at 10 Hollinger
Street, Mt. Holly Springs, Cumberland County,
Pennsylvania, and any other residence the
plaintiff may establish.
7. Ordering the defendant to pay reasonable
attorney fees to Legal Services, Inc.
8. Ordering the defendant to relinquish to the
sheriff's department any weapons which he owns,
possesses or has used or threatened to use against
the plaintiff
the defendant
and the minor, child, and prohibiting
from acquiring or possessing any
9
other weapons for the duration of the Order.
The plaintiff further asks that this Petition be filed and
served without payment of fees and costs by the plaintiff,
pending a further order at the hearing, and that certified copies
of this Petition and Order be delivered to the Pennsylvania State
Police, Mt. Holly Springs, and Carlisle Police Departments which
have jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
19. The allegations of Count I above are incorporated
herein as if fully set forth.
20. The best interest and permanent welfare of the minor
child will be served by confirming custody in the plaintiff as
set forth in paragraph 18 of the petition..
WHEREFORE, pursuant to 23 Pa.C.S. § [;301
applicable rules and law, the plaintiff prays
Court to
The plaintiff
proper.
et seq., and other
this Honorable
award custody of the minor child to her.
prays for such other relief as may be just and
Respectfully submitted,
/J//oa~a Carey Attor/~y
'LEGAL SERVICES, ~NC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
for Plaintiff
10
The above-named plaintiff, Angela M. Mentzer, verifies that
the statements made in the above Petition are true and correct.
The plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
Date:
Angela M.~Mentzer, Plmd~ntiff
Angela M. Mentzer,
Plaintiff
and on behalf of
her minor child:
JASON S. NICKLE, JR.
VS.
Jason S. Nickle, Sr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2105 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
of
PROTECTION ORDER
AND NOW, this Z~ day of April, 199~6, upon consideration
the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, Jason S. Nickle, Sr., is enjoined from
physically abusing the plaintiff, Angela M. Mentzer, and the
minor child, Jason S. Nickle, Jr., and from placing them 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, except for the limited
purpose of facilitating visitation arrangements.
3. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
4. The defendant is prohibited from entering the
plaintiff's place of employment or the day care facility of the
minor child ....
5 The defendant is prohl~bited from removing, damaging,
destroying or selling any property owned by the plaintiff·
6. The defendant is ordered to stay away from the
plaintiff's residence located at 10 Hollinger Street, Mt. Holly
Springs, Cumberland County, Pennsylvania, and any other residence
the plaintiff may establish.
7. The defendant is ordered to relinquish to the sheriff's
department any weapons which he owns, possesses or has used or
threatened to use against the plaintiff and the minor child. The
defendant is prohibited from acquiring or possessing any other
weapons for the duration of the Order.
8. The court costs and fees are waived.
9. 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.
10. 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. §6113.1; 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.
11. The Pennsylvania State Police, Mt. Holly springs, and
Carlisle 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,
whether or not the violation is committed in the presence of a
police officer. In the event that an arrest is made under this
section, the defendant shall be taken without unnecessary delay
before the court
unavailable, the
district justice.
that issued the
defendant shall
(23 Pa.C.S. §
order. When that court is
be taken before the appropriate
6113).
Joan Carey
Attorney for Plaintiff
By the Court,
Wesley
Jason S. Nickle, Sr.
Pro Se
Angela M. Mentzer, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :
and on behalf of : CUMBERLABID COUNTY, PENNSYLVANIA
her minor child: :
JASON S. NICKLE, JR. : NO. 9B-210§ CIVIL TERM
vs. : PROTECTION FROM ABUSE
: AND CUSTODY
Jason S. Nickle, Sr., ·
Defendant :
CUSTODY ORDER
AND NOW, this ~ ~ day of April, 1996, upon consideration
of the parties' Consent Agreement, the following Order is entered
with regard to custody of the parties' child, Jason S. Nickle,
Jr..
1. The plaintiff, hereinafter referred to as the mother,
shall have primary physical and legal custody of the child.
2. The father shall have supervised visitation with the
child at the Carlisle YWCA's Supervised Visitation Program at
times scheduled by staff and the parties.
3. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child
as to the other parent or which may hamper the free and
of the child's love cr respect for the other
natural development
parent.
Joan Carey
Attorney for Plaintiff
Jason S. Nickle, Sr.
Pro Se
By the Court,
· Y ~1 ~Jr. , ~uc~ge
Angela M. Mentzer,
Plaintiff
and on behalf of
her minor child:
JASON S. NICKLE, JR.
VS,
Jason S. Nickle, Sr..,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2~L06 CIVIL TERM
:
: PROTECTION FROM ABUSE
: AND CUSTODY
CONSENT AGREEMENT ~_~
This Agreement is entered on this ~ day of April, 1996,
by the plaintiff, Angela M. Mentzer, and the defendant, Jason S.
Nickle, Sr.. The plaintiff is represented by Joan Carey of LEGAL
SERVICES, INC.; the defendant is unrepres.ented but is aware of
his right to have an attorney. The parties agree that the
following may be entered as an Order of Court.
1. The defendant, Jason S. Nickle, Sr., agrees to refrain
from abusing the plaintiff, Angela M. Mentzer, and the minor
child and placing them in fear of abuse.
2. The defendant agrees not to have any direct or indirect
contact with the plaintiff including, but not limited to,
telephone and written communications, except for the limited
purpose of facilitating visitation arrangements.
3. The defendant agrees not to harass and stalk the
plaintiff and not to harass the plaintiff's relatives and the
minor child.
4. The defendant agrees not to enter the plaintiff's place
of employment or day care facility of the minor child.
5. The defendant, agrees not to remove, damage, destroy, or
sell any property owned by the plaintiff.
6. The defendant agrees to stay away from the plaintiff's
residence located at 10 Hollinger Street, Mt. Holly Springs,
Cumberland County, Pennsylvania, and any other residence the
plaintiff may establish.
7. The defendant agrees to relinquish to the sheriff's
department any weapons which he used or threatened to use against
the plaintiff or the minor child.
8. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
9. 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
prior Temporary Protection Order entered in this case.
10. Violation of the Protection Order may subject the
defendant to: i) arrest under 23 Pa.C.S. §6113; ii) a private
criminal complaint under 23 Pa.C.S. §6113.1; 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.
11. The defendant and the plaintiff agree to the entry of
an Order providing for the following regarding custody of their
childs Jason S. Nickle, Jr..
a. The mother shall have primary physical and legal
custody of the child.
b. The father shall have supervised visitation with
the child at the Carlisle YWCA's Supervised Visitation
Program at times scheduled by staff and the parties.
c. The mother and father real~ze that their child's
well being is paramount to any differences they might
have between themselves. Therefore, they agree that
neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of
the child as to the other parent or which may hamper
the free and natural development of the child's love or
respect for the other parent.
WHEREFORE, the parties request that a Protection and Custody
Order be entered to reflect the above terms.
A~ge~a M. Mentzer J
Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
n S. Nickle~ Sr.
Defendant
.ANGELA M. MENTZER,
Plaintiff
and on behalf on her minor
child: JASON S. NICKLE, JR.
JASON S. NICKLE, SR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-2105 CIVIL TERM
AND NOW, this Z~day of October, 1998, upon consideration of the attached
request from Defendant, a Rule is issued upon Plaintiff to show cause why the relief
requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Joan Carey, Esq.
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
Attorney for Plaintiff
Jason S. Nickle, Sr.
7 Pine Rd. Apt. 506
Mt. Holly Springs, PA 17065
Defendant, Pro Se
J.0Vesley Oler, Jr.?Z
rc
,LLNf'tO9
,~.~±9~,~O~'LLO~J5 ~i'LL JO
ANGELA MAE NICKLE (MENTZER),
Plaintiff
VS.
JASON SCOTT NICKLE, SR.,
Defendant
: IN THE COURT OF ,COMMON PLEAS OF
: CUMBERLAND COLrNTY, PENNSYLVANIA
: NO. 96-2105 CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED lin COURT. If you wish to defend against the claims set forth in the
following papers, you must appear at the heating scheduled herein. If you fail to do so, the case may proceed
against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In
particular, you may be evicted from your residence and lose other important fights.
A HEARING ON THIS MATTER IS SCHEDULED ON THE /~_~C DAY OF
FEBRUARY, 1999, AT 3:$0 p .M., IN COURTROOM NO. I OF THE
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA.
You MUST obey the Order that is attached until it is modified or terminated by the court after notice
and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you
to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six
months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable
anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 U.S.C. § 22,61-2262.
You should take this paper to your lawyer at once. Yon have the right to have a lawyer
represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not
have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you
can get legal help. If you cannot find a lawyer, you may have to proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)249-3166
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.
301£~0-03]J
ANGELA MAE NICKLE (MENTZER),
Plaintiff
VS.
JASON SCOTT NICKLE, SR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-2105 CFv~II, TERM
: PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: JASON SCOTT NICKLE, SR.
Defendant's Date of Birth: 09/10/77
Defendant's Social Security Number: 175-58-9643
Name of ail Protected Person: ANGELA MAE NICKLE, Plaintiff
AND NOW, this J~_~day of February, 1999, upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary Order:
[~ 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any
place where they might be found.
I~ 2. Defendant is evicted and excluded from the residence at Pine Ridge Estates, 7 Pine
Road, Apt. 506, Mt. Holly Springs, Cumberland County, Pennsylvania, or any other permanent
or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the
residence. Defendant shall have no right or privilege to enter or be present on the premises.
[~ 3. Except for such contact with the minor children as ]may be permitted under Paragraph
5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiffat any location,
including, but not limited, to any contact at Plaintiffs place of employment or the day care facilities
of the minor children. Defendant is specifically ordered to stay away from the following locations for
the duration of this Order:
Plaintiff's place of employment: wherever that may be during her scheduled
work hours.
Day care facilities of the minor children: wherever that may be.
I~ 4. Except for such contact with the minor children as. may be permitted under Paragraph
5 of this Order, Defendant shah not comact Plaimiffby telephone or by any other means, including
through third persons.
[~ 5. Pending the outcome ofthe final hearing in this ma'~ter, Plaintiffis awarded temporary
custody of the following minor children: Jason Scott Niekle, Jr. and Breona Mae Nickle.
Umil the final hearing, all contact between Defendant and the children shall be limited
to the following:
Supervised visitation through the Carlisle YWCA's supervised visitation
program.
[~ 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office
or a designated local law enforcement agency for the delivery to the Sheriffs Office: any and all
weapons, speeifically a handgun. Defendant is prohibited from possessing, transferring or acquiring
any other weapons for the duration of this Order.
[~ 7. The following additional relief is granted:
The Cumberland County Sheriff, s 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 shall be docketed in the office of the Prothonotary and forwarded to the
Sherifffor service. The Prothonotary shall not send a copy of this Order to Defendant
by mail.
Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of Plaintiff and/or the minor children in the jurisdiction or
district or furnish any address, telephone nuax~ber, or any other demographic
information about Plaintiff and/or children except by further Order of Court.
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 Defendant has
committed an act of abuse or has engaged in a pattern or practice that indicates risk
of harm to Plaintiff.
Defendant is required to relinquish to the sheriff any firearm license Defendant may
possess. Defendant's weapons and firearm license may be returned at the expiration
of the Protection Order after Defendant has submilled a written request to the Court
for the return of the weapons and the Court has notified Plaintiffofthe request and
given Plaintiffan opportunity to respond. A copy of this Order shall be transmitted
to the chief or head of the police department of Pennsylvania State Police (Carlisle)
and the sheriff of Cumberland Coumy.
Defendant is enjoined from damaging or destroying any property owned jointly by the
parties or owned solely by Plaintiff..
Defendant is to refrain from harassing Plaintiff's :relatives or the minor children.
[~ 8. A certified copy of this Order shall be provided to the police department where
Plaintiffresides and any other agency spedfied hereafter:
9. THIS ORDER SUPERSEDESI]~'ANY PRIOR PFA ORDER and [~ ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
THIS ORDERAPPL]ES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY ]HIS COURT AFTER NOTICE
AND HEARING;.
NOTICE TO DEFEND.ANT
Defendant is hereby notified that violation of this Order may result in arrest for indirect
criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail.
23 Pa.C.S. {}6114. Consent of the Plaintiffto Defendant's return to the residence shall not invalidate
this Order, which can only be changed or modified through the filing of appropriate court papers for
that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may
subject 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.S.C. §§ 2261-2262. Any
protection order granted by a court may be considered in any subsequent proceedings, including child
custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaimitTs residence
OR any locations where a violation of this order occurs OR where the defendant may be located. If
defendant violates Paragraphs 1 through 6 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 warrant,
based solely on probable cause, whether or not the violation is committed in the presence of law
enforcement.
Subsequent to an arrest, the law enforcemem officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during; prior incidents of abuse. Weapons
must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office
shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are
evidence ora crime, in which case, they shall remain with the law enforcement agency whose officer
made the arrest.
BY THE COURT,
Joan Carey
LEGAL SERVICES, liNC.
Attorney for Plaimiff
ANGELA MAE NICKLE (MENTZER),
Plaintiff
VS.
JASON SCOTT NICKLE, SR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-2105 CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR PROTECTION FROM ABUSE
COUNT I
1. The Plaintiff is Angela Mae Nickle.
2. The person who seeks protection from abuse is Angela Mae Nickte, Plaimiff.
3. Plaintiffs address is Pine Ridge Estates, 7 Pine Road, Apt. 506, Mt. Holly Springs,
Cumberland County, Pennsylvania 17068.
4. Defendant is currently incarcerated in Cumberland County Prison, Carlisle, Pennsylvania.
Defendant's Social Security Number is 175-58-9643.
Defendant's date of birth is 09/10/77.
Defendant is unemployed.
5.Defendant is Plaintiffs husband and the father of the parties' two minor children.
6.Plaimiff and Defendant have been involved in the following court actions:
Case name Case No. Date filed Court
PFA and Custody 96-2105 04/18/96 Cumberland Co.-Common Pleas
7. Defendant has been involved in the following criminal court action:
Pennsylvania State Police arrested and charged Defendant with simple
assault, rape, sexual assault, indecent assault, aggravated indecent assault, and
involuntary deviant sexual intercourse as a result of the incident which occurred
on or about February 3, 1999, involving Plaintiff. Defendant was arraigned
before District Justice Correal, bail was set at $50,000, and Defendant was taken
to Cumberland County Prison where he remains. A preliminary hearing is
hearing is scheduled on the matter before District Justice Day on Wednesday,
February 10, 1999, at 10 a.m.
On or about November 10, 1998, Peunsylvania State Police arrested and
charged Defendant with terroristic threats, simple assault, recklessly endangering
another person, harassment and stalking, and public drunkenness, at, er an
incident involving Plaintiff and his mother. Defendant was placed in Cumberland
County Prison for approximately 3 weeks, until he was released on bail.
Defendant has also been arrested on at least 2 occasions for DUI.
8. Plaimiffseeks temporary custody of the following clfild:
NIIme
Breona Mae Nickle
Address
7 Pine Road, Apt. 506
Mt. Holly Springs, PA
Birthdate
09/18/97
9. Plaimiff and Defendant are the parents of the following minor children:
Name
Jason Scott Nickle, Jr.
Breona Mae Nickle
3 years old
14 months old
10. There is an existing Court Order regarding custody of the parties' child, Jason Scott
Nickle, Jr., entered by the Cumberiand Court on April 24, 1996, ( see attached Exhibit B, incorporated
herein by reference) which provides as follows:
Plaintiffshall have primary physical and legal ,mstody of Jason Scott Nickle, Jr.,
and Defendant shall have supervised visitation with the child through the Carlisle
YWCA's supervised visitation program.
The following information is provided in support of Plaintiffs request to modify the
above-captioned Custody Order to include the parties' daughter, Breona Mae Nickle:
a) The child was bom out of wedlock.
b) The child is presently in the custody of Plaintiff, Angela Mae Nickle, who resides
at 7 Pine Road, Apt. 506, Mt. Holly Springs, Cumberland County, Pennsylvania.
c) Since her birth the child has resided with the following persons and at the
following addresses:
11.
The facts of the most recent incident of abuse are: as follows:
Approximate Date:
Approximate Time:
Place:
February 3, 1999
1:30 a.m.
Plaintiff's residence, 7 Pim.· Road, Apt. 506,
Mt. Holly Springs, Cumberland County, Pennsylvania
On or about February 3, 1999, Defendant demanded that Plaintiffhave
sex with him saying, "I want some ass". When Plaintiff refused, Defendant
got ontop of Plaimiff, tried to pry her legs apart, ripped offher underpants,
pinned her to the bed by holding her arms and ber shoulders, threatened her
saying, "I'll get it any way I can; I'll keep you up ail night if that's what it
takes," and forcibly engaged Plaintiff in sexual intercourse despite her pleas
for him to stop. After she went downstairs to get away from him, Defendant
followed Plaintiff, grabbed her forearms, jerked her up offoftbe chair where
she sat, shoved her down onto the couch, threw himself ontop of her, and
pushed her to the floor. The Defendant repeatedly pushed down the receiver
when Plaintiff tried to telephone the police for help saying, "I'm not going
back to jail", and pulled the telephone cord from the receiver disabling it.
When Plaintifftried to get out the door, Defendant blocked the door with his
body and told Plaintiff, "You're not going anywhere." Defendant shoved
Plaintiff to the floor, threw his coat over her face, punched her repeatedly
about her face and head, stretched the coat tightly over her face cutting offher
breathing, choked her with both his hands, and repeatedly threatened, "I'll kill
you. I don't care what I have to do to get it." Defendant forcibly engaged
Plaintiffin vaginai and anai sexuai intercourse, told her several times to "shut
up", and held his hand over her mouth to quiet her screaming and crying. As
Plaintiff lay on the floor, Defendant grabbed her by the ankles, dragged her
on her back across the floor and up approximately 4-5 stairs, then dropped her
feet causing her to slide backward down the stairs to the floor. After
Defendant fell asleep, Plaintifftelephoned 911 for help. Pennsylvania State
Police arrested and charged Defendant with simple assault, rape, involuntary
deviate sexuai intercourse, sexuai assault, aggravated indecent assault, and
indecent assault. Defendant was arraigned before District Justice Correal and
remanded to Cumberland County Prison on $50,000 bail. A preliminary
hearing in this case is scheduled before District Justice Day on February 10,
1999, at 10:00 a.m. Plaintiff sought immediate medical attention at Carlisle
Hospitai for injuries she sustained as a result of this incident including, but not
limited to, bruising, swelling, and soreness about her face and head, bruising
and soreness about her arms, shoulders, and legs, a contusion and soreness
about her back, lacerations, swelling and soreness about her mouth, and
internal injuries as a result of the sexuai assault.
12.
Defendant has committed the following prior acts of abuse against Plaimiff:
a) On or about February 1, 1999, Defendant threatened Plaintiff saying,
"I'd just love to kill you with my steel-toed boots, kick the shit out of you
with these boots."
b) On or about January 28, 1999, Defendant demanded that Plaimiff give
him money for beer, and when she refused, he became angry, followed her
upstairs, repeatedly slapped her hands against her face as she tried to remove
her contacts, blocked the bathroom door with his body preventing her from
leaving, told Plaintiff to "think fast", and backhanded her in the face with his
hand. As Plaintiff`held her hand to her injured eye and nose, Defendant made
a movement with his hand, told her to, "Watch the birdie," and kicked Plaintiff
in the thigh causing her to fall backward into the bathtub hitting her head
against the tub. As a result of this incident Plaintiff sustained bruising and
swelling about her eye and nose, soreness about her head, and bruising and
soreness about her thigh.
c) In or about early January 1999, Defendant: grabbed Plaintiff's ankles
and jerked her off of the couch where she sat, causing her to fall on the floor
onto her elbows. Plaintiff sustained contusions and soreness about her elbows
as a result of this incident.
d) On or about November 10, 1998, Defendant grabbed Plaintiff`by the
neck with both his hands, bent her backward over the back ora rocking chair,
screamed in her face demanding to know where she and his mother had
hidden their money, pushed her to the floor, punched her about her head
several times, and threatened, "You people want to do this to me? Well, I've
got something for you." When Plaintiff saw Defendant go into another room
and pick up his step-father's handgun, she grabbed her 1 and 3 year old
children and ran to a neighbor's house for help. Plaintiff`telephoned 911 for
help and when Pennsylvania State Police arrived al the residence, Defendant
was on the porch screaming and yelling, waving the handgun about, and
pointing it in the direction of Plaintiff Defendant was arrested and charged
with terroristic threats, s'unple assault, recklessly endangering another person,
harassment and stalking, and public drunkenness. Defendant was placed in
Cumberland County Prison where he remained for approximately 3 weeks,
unffl he was released on bail. A preliminary hearing was held on December
10, 1998, and the case was bound over for trial, which is scheduled on March
12, 1999.
e) On or about October 26, 1998, Defendant wrote a letter to Judge J.
Wesley Oler, Jr. (see attached Exhibit C, incorporated herein by reference),
requesting that the guns that were confiscated from him as a result of the
Protection Order entered by this Court on April 24, 1996 (see attached
Exhibit D, incorporated herein by reference), be returned to him. On October
28, 1998, the Court entered an Order issuing a Rule Returnable within 20
days, but Defendant's weapons remain in the custody of the Cumberland
County SherifFs Department as of the filing of this Petition.
f) Plaintiff filed a Protection From Abuse and Custody action against
Defendant at the above-listed docket number on April 18, 1996, a Temporary
Protection Order was emered, and Protection a~d Custody Orders were
emered on April 24, 1996, by agreemem of the ptulies. See attached Exhibits
B & D, incorporated herein by reference.
g) Since approximately 1995, Defendant has abused Plaintiff in ways
including, but not limited to, shoving, grabbing, slapping, punching, kicking,
choking, pulling her hair, restraining her by blocking doorways with his body,
pinning her against walls, controlling her, and intimidating her by drawing
back his fist causing her to fear he was going to hit her. Defendant has
threatened to abuse Plaintiff, threatened her with weapons, and threatened to
kill her repeatedly. Defendant has threatened Plaintiffsaying, "I'd like to kill
you and get you out of my life," and "I'd like to gut you like a fish."
13. Defendant has used or threatened to use the following weapons against Plaintiff:
specifically, a handgun.
14. The following police department or law enforcement agency in the area in which
Plaintifflives should be provided with a copy of the Protection Order: Pennsylvania State
Police.
15. There is an immediate and present danger of further abuse fi-om Defendant.
16. Plaintiff is asking the Court to evict and exclude Defendant fi-om the residence
located Pine Ridge Estates, 7 Pine Road, Apt. 506, Mt. Hotly Springs, Cumberland County,
Pennsylvania, which is rented in the names of the Plaintiff and Defendant.
17. Plaintiff has suffered the following out-of-pocket fimmcial losses as a result of
the abuse described above: see attached Exhibit A, incorporated hereto by reference.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING, A FENAL ORDER '[HAT WOULD
DO THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or stalking
Plaintiff in any place where Plaintiff may be found.
B. Evict and exclude Defendant from Plaintiffs residence and prohibit
Defendant from attempting to enter any temporary or permanent residence of
Plaintiff
C. Award Plaintifftemporary custody of the parties' minor children, Jason
Scott Nickle, Jr. and Breona Mae Nickle, and place the following restrictions or
contact between Defendant and both children: Plaintiff shall have primary
physical and legal custody of Jason Scott Nickle, Jr. and Breona Mae Nickle, and
Defendant shall have supervised visitation with the children through the Carlisle
YWCA's supervised visitation program.
D. Prohibit Defendant from having any contact with Plainfiffeither in person,
by telephone, or in writing, personally or through third persons, including, but
not limited to, any contact at Plaintiffs place of employment.
E. Prohibit Defendant from having any contact with Plaintiffs relatives and
Plaintiffs children listed in this Petition, except as the court may find necessary
with respect to supervised visitation with the minor children.
F. Order Defendant to temporarily turn over weapons to the Sheriffofthis
County and prohibit Defendant fi.om transferring, acquiring or possessing any
such weapons for the duration of the Order.
G. Direct Defendant to pay Plaimiff for the rcasonable financial losses
suffered as a result of the abuse, to be determined at the hearing.
H. Order Defendant to pay the costs of this action, including filing and
service fees.
I. Order Defendant to reimburse Cumberland County, a Legal Services
funding source, $250.00 for the value of the legal services provided to Plaintiff
for the cost of litigating this case if the case goes to hearing.
J. Order the following additional relief, not listed above:
The Defendant is required to relinquish to the sheriffany firearm license
Defendant may possess. Defendant's weapons and firearm license may
be returned at the expiration of the Protection Order al~er Defendant has
submitted a written request to the Court for the return of the weapons
and the Court has notified Ptaintiffofthe request and given Plaintiff an
oppommity to respond.
The Defendant is enjoined fi.om damaging or destroying any property
owned jointly by the parties or owned solely by Plaintiff.
The Defendant is to refrain from harassing Plaintiff's relatives or the
minor children.
K. Grant such other relief as the court deems appropriate.
L. Order the police or other law enforcement agency to serve Defendant
with a copy of this Petition, any Order issued, and the Order for Hearing. The
Pe6tioner will inform the designated authority of any addresses, other than
Defendant's residence, where Defendant can be served.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
18. The allegations of Coum I above are incorporated herein as if fully set forth.
19. The best interest and permanem welfare of the minor children will be served by
confirming custody in Plaintiff as set forth in paragraph 10 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et_~. Seq., and other applicable rules and
law, Plaintiff prays this Honorable Court to modify the Court's existing Custody Order and
award custody of the parties' minor child, Breona Mae Nickle, to her.
Date:
Respectfully submitted,
,~oa~ carey, Al:~omey ~r Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 1'7013
(717) 243 -9400
VERIFICATION
I veri~ that I am the Petitioner as designated in the presem action and that the facts and
statements contained in the above Petition are tree and correct to the best of my knowledge.
I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904,
relating to unswom falsification to authorities.
Dated:
Angela M~e Nickle, Plaintiff
ANGELA MAE NICKLE (MENTZER),
Plaintiff
VS.
JASON SCOTT NICKLE, SR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-2105 CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
OUT-OF-POCKET LOSSES
The Plaintiff requests that Defendant be ordered to reimburse her out-of-pocket losses,
including but not limited to the following:
Any and all medical expenses not reimbursed through Plaintiffs medical insurance coverage
relating to injuries she sustained as a result of the incident involving Defendant on or about February
3, 1999. (The hospital has not billed Plaintiff at the time of filing this petition).
Any and all expenses/costs incurred to repair and/or replace clothing/property damaged and/or
destroyed, including, but not limited to lost wages as a result of the incident involving Defendant
which occured on or about February 3, 1999. (The amount of damages and/or total lost wages were
not available at the time of filing this Petition).
$.
EXHIBIT A
Angela M. Mentzer, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :
and on behalf of : CUMBERLAND COUNTY, PENNSYLVANIA
her minor child: :
JASON S. NICKLE, JR. : NO. 96-2105 CIVIL TERM
:
vs. : PROTECTION FROM ABUSE
: AND CUSTODY
Jason S. Nickle, Sr., :
Defendant :
~ORDER
AND NOW, this ~day of April, 1996, upon consideration
of the parties' Consent Agreement, the following Order is entered
regard to custody of the parties' child, Jason S. Nickle,
with
Jr..
1. The plaintiff, hereinafter referred to as the mother,
shall have primary physical and legal custody of the child.
2. The father shall have supervised visitation with the
child at the Carlisle YWCA's Supervised Visitation Program at
times scheduled by staff and the parties.
3. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child
as to the other parent or which may hamper the free and
natural development of the child's love or respect for the other
parent.
By the Court,
Joan Carey
Attorney for Plaintiff
Jason S. Nickle, Sr.
Pro Se
J. W~sley Ole~, Jr., ge
,-- ~;P~' FRCM .~ECORD
'.m, ,~.!l,.r~(~/:, I ~re unto set my hand
o ~ai oF said Court at Cariife, Pa.
EXHIBI[~,,~ ,_, . ~...
"~T'":;~' ~ ot.....~.., ~.?.~.
..... ~.c~[~ C, ~.~ '
· ~....~...~ ...........~.~ ~ ~
~'~ Prothonoto~
.ANGELA M. MENTZER,
Plaintiff
and on behalf on her minor
child: JASON S. NICKLE, JR.
Vo
JASON S. NICKLE, SR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION[ - LAW
NO. 96-2105 CIVIL TERM
AND NOW, this ZS~/'~day of October, 1998, upon consideration of the attached
request from Defendant, a Rule is issued upon Plaintiff to show cause why the relief
requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
J.0l?esley Oler, Jr.,~.
Joarf Carey, Esq.
Legal Services, Inc.
~8 Irvine Row
Carlisle, PA 17013
Attorney for Plaintiff
Jason S. Nickle, Sr.
7 Pine Rd. Apt. 506
Mt. Holly Springs, PA 17065
Defendant, Pro Se
rc
EXHIBIT C
Angela M. Mentzer,
Plaintiff
and on behalf of
her minor child:
JASON $. NICKLE, JR.
VS.
Jason S. Nickle, Sr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY~ PENNSYLVANIA
NO. 96-2105 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
PROTECT ON ORD R
AND NOW, this ~%~;% day of April, 1996, upon consideration
of the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, Jason S.
physically abusing the plaintiff,
minor child, Jason S. Nickle,
Nickle, Sr., is enjoined from
Angela M. Mentzer, and the
Jr., and from placing them in fear
of abuse.
2. The defendant is enjoined
indirect contact with the plaintiff
from having any direct or
including, but not limited
to, telephone and written communications, except for the limited
purpose of facilitating visitation arrangements.
3. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
4. The defendant is prohibited from entering the
plaintiff's place of employment or the day care facility of
the
minor child.
'5. The defendant is prohibited from removing, damaging,
destroying or selling any~f~Tw~ed by the plaintiff.
6. The defendant is ordered to stay away from the
plaintiff's residence located at 10 Hollinger Street, Mt. Holly
Springs, Cumberland County, Pennsylvania, and any other residence
the plaintiff may establish.
7. The defendant is ordered to relinquish to the sheriff's
department any weapons which he owns, possesses or has used or
threatened to use against the plaintiff and the minor child. The
defendant is prohibited from acquiring or possessing any other
weapons for the duration of the Order.
8. The court costs and fees are waived.
9. 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.
10. 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. §6113.1; 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
of the plaintiff and defendant shall not
of the court order.
11. The Pennsylvania State Police,
Carlisle
co-residence on the part
nullify the provisions
Mt. Holly springs, and
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,
whether or not the violation is committed in the presence of a
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 taken before the appropriate
district justice. (23 Pa.C.S. § 6113).
Joan Carey
Attorney for Plaintiff
Jason S. Nickle, Sr.
Pro Se
By the Court,
J. W~sley 01~, Jr.~ ~udge
TRUE COPY FP OM RECORD
In ~r, til'nany ~.h,'..r'~of, I h~:r~ unto set my hand
a:~d the seal o~ ~;~d Court at Carlisle, Pa.
Th~:~%~.... day of...~...., ]9.~.~.
............. .........
~)~ Prothonoia~
CASE NO: 199S-02105 F
COMHONWEALTH OF FENNSYLVANIA:
COUNTY OF CHHBERLAND
_!!RQIR!_R~!!! ........................ Sheriff ~r Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to lay, says, the vithin ERQ!~!OR_[ROR_~U~E_~R~ .......... vas served
upon _E![~L~_Z4~OR_~_~E ............................................ the
defendant, at ___i~£99 HOURS, on the !~ day of [gl£R!£l ...............
~4RI!~IR~_R~_Z%!IR ..................................... ~RRBRRI!!R .......
County Pennsylvania, by handing to !4~R_~II_R!2Ill=_RE= ............
a true and attested copy of the _gE~!R~!!~R_EE?!_IBR~I_IE~ ..............
together with ~!~!=_R~I!~I_QI_R~IE!RL~_~R~!=_ZIIIREiRI .............
CRU!~Y!R{_IR~R_4BR~_RRRRR .............................................
and at the same time directing ~!~ attsntion to the contents thereof.
Additional Coamsnts:
NO WEAPONS WERE CONFISCATED FROM DEFT. AT THIS TIME, WEAPONS PREVIOUSLY
CONFISCATED AND ARE STILL IN POSSESSION OF THE CHHBERLAHD COUNTY
SHERIFF'S DEPT.
Sheriff's Costs: Soanswers:
Docketing 18.00
Service 3. 10
Affidavit . 00
Surcharge 8. 00 ~7-T[~{[4-E'[ f [47-~[[F[f[ ............
1/ 99 ~ . ~'
-- ..........
8~orn and sub~cri~ed to boforo
~ ~_~_~__ ~.~.
....
ANGELA MAE NICKLE (MENTZER),
Plaintiff
VS.
JASON SCOTT NICKLE, SR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2105 CI~2L TERM
PROTECTION FROM ABUSE AND CUSTODY
FINAL PROTECTION ORDER
Defendant's Name: JASON SCOTT NICKLE,
Defendant's Date of Birth: 09/10/77
Defendant's Social Security Number:175-58-9643
Name of Protected Person: ANGELA MAE NICKLE, Plaintiff
AND NOW, this~ day of February.. 1999, the court having
jurisdiction over the parties and ~e subject-matter, it is ORDERED,
ADJUDGED, and DECREED as follows:
The Plain~, Angela Mae Nickle, is represented by Joan Carey of Legal Services, Inc.; the
Defendant, Jason Scott Nickle, Sr., is unrepresented, but has been advised of his right to counsel in this
The Defendant, although agreeing to the terms of this Order, does not admit the allegations
made in the Petition.
Plaintiffs request for a Final Protection Order is granted pursuant to the consent of
Plaintiff and Defendant OR
[] Plaintiffs request for a Final Protection Order is denied
[~ 1. Defendant shall not abuse, stalk, harass, threaten the Plaimiffor any other protected
person in any place where they might be found.
[~ 2. Defendant is completely evicted and excluded from the residence at Pine Ridge
Estates, 7 Pine Road, Apt. 506, Mt. Holly Springs, Cumberiaml County, Pennsylvania, or any
other residence where Plaintiffmay live. Exclusive possession of the residence is granted to Plaintiff
Defendant shall have no right or privilege to enter or be present on the premises.
[] On __ at .m., Defendant may enter the residence to retrieve his/her clothing and
other personal effects, provided that Defendant is in the company of a law enforcement officer
when such retrieval is made.
[~ 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any
location, including, but not limited to, any contact at the Plaintiffs place of employment. Defendant
is specifically ordered to stay away from the following locations for the duration of this Order:
Plaintiff's place of employment, wherever that may be, during her scheduled work hours.
I~ 4. Defendant shallnot contact the Plaintiff by telephone or by any other means, including
third parties.
I~ 5. Custody of the minor children, Jason Scott Nickle, Jr. and Breona Mae Nickle,
shall be as follows: Plaintiff shall have primary physical and legal custody of the children.
Defendant shall have supervised visitation with the children through the Carlisle YWCA's
supervised visitation program, pending further Order of Court after a conciliation conference
is held in the matter. See attached Temporary Custody Order.
[] 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law
enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to
be used by Defendant in an act of abuse against Plaintiff and/or tile minor child/ren:
[~ 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons
for the duration of this Order. Any weapons delivered to the sherffunder Paragraph 6 of this Order
or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court.
[~ 8. The following additional relief is granted as authorized by §6108 of this Act:
Law enforcement agencies, human service agencies and school districts shall not
disclose the presence o£Plaintiffand/or her address, telephone number, or any other
demographic information about Plaintiff and/or her children except by further Order
of Court.
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 Defendant has
committed an act of abuse or has engaged in a pattern or practice that indicates risk
of harm to Plaintiff
The Defendant is required to relinquish to the sheriff any firearm license the
Defendant may possess. The Defendant's weapons and firearm license may be
retu.rned at the expiration of the Final Protection Order after Defendant has submitted
a written request to the Court for the return &the weapons and the Court has notified
Plaintiff of the request and given Plaintiffan opportunity to respond. A copy of this
Order shall be transmitted to the chief or heat[ of the police department of the
Pennsylvania State Police and the sheriff of Cumberland County.
The Defendant is enjoined from damaging or destroying any property owned jointly
by the parties or owned solely by Plaintiff5
The Defendant is to refrain from harassing Plaintiff's relatives or the minor children.
[] 9. Defendantisdirectedtopay temporary support for as follows: . This Order for
support shall remain in effect until a final support order is entered by~-his Court. H(~wever, this Order
shall lapse automatically ifPlalntiffdoes not file a complaint for support with the Court within fifteen
(15) days of the date of this Order. The amount of this temporm2y order does not necessarily reflect
Defendant's correct support obligation, which shall be determlnexl in accordance with the guidelines
at the support heating. Any adjustments in the final amount of support shall be credited, retroactive
to this date, to the appropriate party.
[] I0. The costs of this action are waived as to Plaintiff and imposed on Defendant.
[~ 11. Defendant shall pay $_ to Plaintiff as compensation for Plaintiffs out-of-pocket losses,
which are as follows: OR
I~ Plaintiffis granted leave to present a petition, with: appropriate notice to Defendant,
to theHonorable Judge J. WesleyOler, Jr., requesting recovery of out-of-pocket losses. The
petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills
and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the
Prothonotary's office for the filing of this petition.
[] 12. BRADY INDICATOR
[] 1. The Plaintiff or protected person/s is a spouse, former spouse, a person who
cohabitates or has cohabited with Defendant, a parent ora common child, a child of that
person, or a child of Defendant.
[] 2. This Order is being entered after a hearing of which Defendtlm received actual
notice and had an opportunity to be heard.
[] 3. Paragraph 1 of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/s.
[] 4. Defendant represents a credible threat to tlhe physical safety of Plaimiff or
other protected person/s OR
[] The terms of this Order prohibit Defendant fi'om using, attempting to use, or
threatening to use physical force against Plaimiffor protected person that would reasonably
be expected to cause bodily injury.
THIS ORDER SUPERCEDES:
[~ ANY PRIOR PFA ORDER and
[~ ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
14. All provisions of this Order shall expire one year from the date this Order is entered.
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE
OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISttABLE BY A FINE OF UP TO
$1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114.
VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTJES
UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL
FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES,
AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND
INTENTIONALLy VIOLATE THIS ORDER, YOU MAY BE SUBIECT TO FEDERAL
CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. !i§ 2261-2262. IF PARAGRAPH
12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL
PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN
CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF
FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiffs residence OR any location where a violation
of this Order occurs OR where Defendam may be located, shall enforce this Order. An arrest for
violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable
cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be
used during the violation ofthe Protection Order or during prior incidents ofabuse. Tbe Cumberland
County Sheriff's 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 taken
to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint
for Indirect Criminal Contempt" shall then be completed and signed iby the police officer OR Plaintiff,
Plaintiff's presence and signature are not required to file the complaint.
If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond
set and both parties given notice of the date of the hearing.
BY THE COURT,
esley Oler, Jr, Judge
This Order is entered pursuant to the consent of Plaimiff and Defendant:
Angela ~llae Nickle, Plaintiff-
/~0afi Carey, Attorney forc~aintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243 -9400
Jain Scott Nickle, Sr., Defendant
ANGELA MAE NICKLE (MENTZER),
Plaintiff
VS.
JASON SCOTT NICKLE, SR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND, COUNTY, PENNSYLVANIA
NO. 96-2105 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
OUT-OF-POCKET LOSSES
The Plaintiff requests that Defendant be ordered to reimburse her out-of-pocket losses,
including but not limited to the following:
Any and all medical expenses not reimbursed through Plaintiffs medical insurance coverage
relating to injuries she sustained as a result of the incident involving Defendant on or about February
3, 1999. (The hospital has not billed Plaintiff at the time of filing this petition).
Any and all expenses/costs incurred to repair and/or replace clothing/property damaged and/or
destroyed, including, but not limited to lost wages as a result of the incident involving Defendant
which occurred on or about February 3, 1999. (The amount of damages and/or total lost wages were
not available at the time of filing this Petition).
$.
EXHIBIT A
ANGELA MAE NICKLE (MENTZER),
Plaintiff
VS.
JASON SCOTT NICKLE, SR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-2105 CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY CUSTODY ORDER
AND NOW, this of February, 1999, the followiing Order is entered by consent of
the parties with regard to custody of the parties' children, Jason ,~cott N~ckle, Jr., and Breona Mae
Nickle, pending further Order of Court after a conciliation conference is held in the matter.
1. The Plaintiff, hereinafter referred to as the mother, shall have primary physical and
legal custody of the children.
2. The Defendant, hereinafter referred to as the father, shall have supervised visitation
with the children through the Carlisle YWCA's supervised visitation program.
3. Neither party shall do or say 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 parem.
By the Cour~i,
/ '~-J: '~Vesley 0~, Jr., Judge
~is Ojd~ is ~t~ pursuit to the coment of Pl~ntiff ~d Defend~t:
~gela ~e Nic~e~ P~n~iff J~o~co~ Niche, Sr., Def~d~t
~ C~ey, A~omey for P~ntiff
LEGAL SER~CES, ~C.
ANGELA MAE NICKLE (MENTZER),:
Plaintif :
JASON SCOTT NICKLE, SR., :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-2105 CIV][L TERM
IN RE: PROTECTION FROM ABUSE ORDER VACATED
ORDER OF COURT
AND NOW, this 19th of April,. 1999, Plaintiff
having appeared in open court, pursuant to her request the
Protection from Abuse Order
William I. Gabig, Esquire
Assistant District Attorney
Legal Services
Sheriff
:lkt
entered in this case is VACATED.
By the Court,
K ~{ess, J.
/
~PR 2 ? 1,999