Loading...
HomeMy WebLinkAbout96-03616 ~ ~ Q i ... ~ . ... ..:a ~ J , I I ! l .... ~ - . I .. ':) . - ~ -' - ,\1.11 Ii I """ 0, , ,/" I 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: ,I ~ r ". -'. L' [':\ I.~..j llJ ~.. .. i; ( -,. V:'. "I: ~.'- f J (/, ,.-, f " ,'''J J.t/; ',.0- L-,;!' . ... "I,"tJ I. " ! IJ~ I" J:.j ~ .J 0 Q' U , 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 I ) ) , , " 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