HomeMy WebLinkAbout96-03616
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MELINDA M, ERWAY,
Petitioner
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, I(,'~(,'I(,. (/111; (
CIVIL ACTION. LAW
PROTECTION FROM ABUSE
VERNON M, NICHOLS,
Respondent
tfQI~IO_DE.EEN~EMEBGENCY PETITION
YOU HAVE BEEN SUED IN COURT, The Pelllloner Is the person 'Suing you, Attached
Is a copy of the pelltlon which states the relief the Pelllloner Is requesllng. Also
Included In the pellllon are Pelllloner's reasons for this request.
You ~.:111 appear at the hearing on the .L~1. day of ' ;., , , , 19,iL, at :?'l'(~:m"
In Courtroom _..;j_~_ of the Court of Common Pleas of thls'tounty, located at
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania
17013,
If you do not appear at the hearing Ilt that lime and place, the order requested by
Pelltloner may be granted In your absence, and you may lose money, property rlghts
and/or other rights Import ani to you, and/or a bench warrant may be Issued directing the
Sheriff to bring you Into Court
IF A TEMPORARY EX-PARTE ORDER IS
ATTACHED, YOU MUST OBEY IT UNTIL THE
HEARING, IF YOU DO NOT OBEY iT, THE
POLICE CAN ARREST YOU,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, YOU MAY
BRING A LAWYER TO REPRESENT YOU AT THE HEARING, 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 MAY GET LEGAL HELP,
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
MELINDA M, ERWAY,
Fetltloner
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
VERNON M. NICHOLS,
Respondent
TEMPORARY PROTECTION ORDER
I
AND NOW, this / ~,( day of _ (, { , L , 19..1L:..., upon
presentation and consideration of the within Pefltlon/the Court enters the foltowlng
Temporary Protection Order:
4,
5,
1.
The Respondent, Vernon M, Nichols, Date of Birth 3/12/38, Social
Security # unknown, shall refrain from abusing, harassing or
threatening Petitioner, either physically or verbally, wherever she
may be.
:2
RS8Ilal,,:jl'llrt j" to remain al/easl one II,lIa fro", rellllefler'. r""ldence at:
iG1 ~~811&&a Caliri, [IIola, PA "lid her place OhlfJIplu1",8flt at 3<1Q1 Noah _
F.OI,t St,,::n::JC Hc.1I1I;,bulij, FlA.
3,
Respondent Is prohibited from having contact with Petitioner,
Including, but not limited to, being restrained from entering the
place of employment. business, or school of Petitioner and/or minor
children.
Respondent Is prohibited from possessing any firearms or weapons
throughout the duration of this Order.
The following additional relief Is hereby granted:
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MELINDA M. ERWAY,
Petitioner
v.
IN THE COURT OF COMMON PLEAS OF
CUM8ERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
96-3616 CIVIL TERM
VERNON M. NICHOLS,
Respondent
ORDER OF COURT
AND NOW, this 11th day of July, 1996, upon
consideration of the Petitioner'S Petition for Relief under the
Protection from Abuse Act, and it appearing that the Reopondent
had consulted with an attorney in the person of Judge Harold
Fink, and that the counsel for Petitioner had initially
indicated to Judge Fink that a continuance would be acceptable
to his client, the Petitioner, but later discerned that it would
not be, and that Judge Fink has been unable to contact the
Respondent on short notice to advise that the hearing would not
be continued, the hearing in this matter is continued by the
Court until Friday, July 19, 1996, at 3:00 p.m. Pending further
Order of Court, the Temporary Protection Order dated July 1,
1996, shall remain in full force and effect. Prior to the
hearing as rescheduled, Judge Fink is requested to enter an
appearance on behalf of the Respondent if he will be
representing the Respondent in these proceedings,
By
MELINDA M. ERWAY,
Petitioner
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
VERNON M. NICHOLS,
Respondent
, ,
, ,
96-3616 CIVIL TERM
ORDER OF COURT
AND NOW, this 19th day of July, 1996, upon
consideration of the Petitioner's Petition for Relief under the
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,
,
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Protection from Abuse Act, and following a hearing at which the
Respondent did not appear, notwithstanding that he was aware of
the proceeding, the Court finds that the allegations of the
Petitioner's petition with respect to abuse have been proven by
a preponderance of the evidence, and that the Respondent has
committed abuse as alleged in the petition. consequently, it is
ORDERED and DIRECTED as follows:
1. The Respondent, Vernon M. Nichols (date of
birth 3/12/38) (social security number unknown), whose present
residence is unknown but who is thought to reside in Roulette,
Potter county, Pennsylvania, and who receives mail at Post
Office Box 204, Roulette, Pennsylvania, 16746, and is the
Petitioner's father, shall refrain from abusing, harassing, or
threatening Petitioner, either physically or verbally, directly
or indirectly, wherever she may be.
2. Respondent is prohibited from having any
contact, direct or indirect, with Petitioner, including, but not
limited to, entering her place of employment, business,
residence, or school, or that of her minor child.
3. Rospondent is prohibited from possessing any
firearms or other weapons throughout the duration of this Order.
4. Respondent is ordered to stay away from
Petitioner's present residence and from any residence that she
may establish in the future.
5. Respondent is hereby notified that if he
violates this order, he may be held in indirect criminal
contempt, which is punishable by a fine not to exceed $1000.00
and by a sentence of up to six months in prison.
6. Consent of Petitioner to resume contact with
Respondent shall not invalidate this Order.
7. A certified copy of this Order shall be
provided by Petitioner's counsel to the police departments in
the jurisdiction where Petitioner resides Hnd is employed and in
such other jurisdictions as counsel deems appropriate.
8. The police 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 Order, the
Respondent shall be taken without unnecessary delay before the
Court that issued the Order. When that Court is unavailable,
the Respondent shall be taken before the appropriate district