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Home My WebLink About96-02198 , , " , ,; " 1"\ t " \" '\ i " 'I J{ /" " , " /: 'r r " , I' J , , ~ , , ~ ~ ~I <3- ~ 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 I I' I by ma.il. The Middlesex Township Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, undet. this section, the defendant shall be taken without unnecossar/ 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). . // ~Y<~ :I Judge / " j, ", ", .... '} ...... I' ("" .1' (' ---',"r" '.'1 ,i ~1~"I'lU ~"",,&t'l \"",.0'\ ~ I,..~. ( " , I. '. '. GA1.L MARIE FAHNESTOCK, Plaintiff I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI,VANIA v. NO. q 6 - CIVIL TERM DENNIS FAHNESTOCK, Defendant PROTECTION FROM ABUSE NOTICB 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 Qr property or other rights important to you. FIlR.shND COS'I'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. I f 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 CUMBERT,AND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABII.ITIBS 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. 6. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 7. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. B. .. BXCr,-')~IVB 1'9SSBS.~ION 8. The home from which tha plaintiff is asking the Court to exclude the defendant is owned by the plaintiff's parents. G. . _^'J''J'ORl'iBYFBES 9. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, rnc. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P. 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 placlng her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephonfl and written communications; '" The above-nnmed plaintiff, GAIL FAHNESTOCK, verifies that the statements m~de in the above Petition are true and correct. The plaintiff understands that false statements herein are made sUbject to th~ pon~lti~s of 18 Pa. e.s. ~4904 relating to unsworn faillificllt Lon to ,lU ttw I' it. les. Date:,y. i?/151,/(J YcU1 " 'EaJ . Iff); ~ . .AiI._ . kUuu'l' i' Gail Fahnestoc , P alnt ff " , '(' , 1-\, .," 'I, '.' ;, I , , '., , , d, " " " ,).j , , ,',1 , 'I"..... , , "\ I, . ',": ~ ~ ., No. 96-2198 CIVIL TERM Gail Marie Fahnestoc~. Plaintiff " i vs. I II I I I' K I , Dennis Fahnestock. Defendant PRAICIPII Filed 19 ! I, Joan Carev I Atty. LEGAL SERVICES. INC. " , ""I, , I " , , , , ,I I. ,; ::,!; . " I . \ I ~ '" ",1: "'/, ,,' It&. 9t,. ~~~. i. " 'I":"l .,: , . ,f1 I,l, " " ~ : . I ,','It , .' 'I "t!j ,I", 'I'; ,I ,'. " ! i' , dJ i " , I . I'.'fil; II',;I;;! ('!lli!i" I', , : I' ,I." " ." ii,t '. r :[1 .1 ,,I", 1'1 I' I , , ?k..') / )~l.du....- ,.l..!'pr'). u, " , /-" , I ;:) I I !' '1/1 /"il':,I .. 'I 1'. I I 'J' I I: I I J'~ I,ll j ~, i'! , ,~, r, i ',II: . 1; , I, ii' I' . ;'/ ~~ ,r~~..~~,.-:~ ,I,. , .~~z/~ -' '* ~ GAIL MARIB FAHNBSTOCK, Plaintiff v. IN THB COURT OF COMMON PLBAS or CUMBBRLAND COUNTY, PBNNSYLVANIA NO. 96-2198 CIVIL TBRM DBNNIS FAHNBSTOCK, Defendant PROTBCTION FROM ABUSE UQTBCTI OLQImI.B AND NOW, this -11~ day of May, 1996, upon consideration of the Consent Agreement of the parties, the fOllowing Order is entered: 1. The defendant, DENNIS FAHNESTOCK, is enjoined from physically abusing the plaintiff, GAIL MARIE FAHNESTOCK, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrain from haras,ing and stalking the plaintiff. 4. The defendant is prohibited 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 3284 Spring Road, Carlisle, Cumberland County, Pennsylvania. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for her.elf. 8. The Court costs and fees are waived. 4 9, This Order shall remain in effect for a period of one (1) year and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of Ii abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff on a continued basis. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 10. This Order may SUbject the defendant to: i) arrest under 23 Pa. C,S. g6113; ii) a private criminal complaint under 23 Pa. C.S. g6113.1; iii) a charge of indirect criminal contempt under 23 Pa. e.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. e.s. g6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the . ! I . l. provisions of the court order. 11. The Middlesex TownShip Police Departments shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the . order. When that court is unavailable, the defendant ahall be 6113) . taken before the appropriate district justice. By the Court, " '" .' (23 Pa. C.S. I . / .. Judoe .J ," ; , '" I,,' '" " , , , " " " 1',1 " , I;i, 1.\' '", H\ I, I\!, :,i','\lii' " , ' "t, I ,r 'I.' ':1' :"- I ,', ."1 I " ,,;. I '.' ~ i", ~"Ij~\ ; "j, ,,~"l" --.:1\-, ...A - GAIL HARIB PAHNBSTOCK, Plaintiff IN THE COURT OP COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2198 CIVIL TERH PROTBCTION FROM ABUSB v. DBNNIS PAHNBSTOCK, Defendant COlSlftT AGRBBHBIt This Agreement is entered on this_U~ day of Hay, 1996, by the plaintiff, GAIL HARIB FAHNESTOCK, and the defendant, DENNIS PAHNESTOCK. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but 1. 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, DBNNIS PAHNESTOCK, agreee to refrain from abusing the plaintiff, GAIL HARlE FAHNESTOCK, or fro. placing her in fear of abuse. 2. The defendant agrees not to have any direct or indireot contact with the plaintiff including, but not limited to, " , , i, , telephone and written communications. 3. The defendant agrees not to harass and plaintiff. 4. The defendant agrees not to remove, damage, eell any property owned by the plaintiff. 5. The defendant !grees to stay away from the plaintiff's residence located at 3284 Spring Road, Carlisle, Cumberland County, PennSYlvania. 6. The defendant agrees to stay away from any residence the plaintiff may in the future establiah for herself. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (1) year and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff on a continued basis. 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. 9. Violation of the Protection Order may SUbject the defendant to: i) arrest under 23 Pa. C.S. 66113; ii) a private criminal complaint under 23 Pa. C,S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa. e.s. 66114, puniShable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contompt under 23 Pa. C.S. 66114.1. WHBRBFORE, the parties request that a Protection Order be .. entered to reflect the above terms. ~j~ Jm. ~J.,/Yl tI/};( f),'.iJ Gail H. Pahnestock, Plaintiff ~(f; t' ~(I? Dennis Fahnestock, Defendant It. /?) . ..,,~ ~.6:..-<- ____ an Carey ttorney for Pl~~ff ~BGAL SBRVICBS, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 " " " ,. ',I, " ,,' II,' ;1,'1 :1,1 ";:"i<' , -'I! , " II' , " I, ',I ,.'\