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The Protection Order el1lered in this mailer shall he in effect lilr a period of one year and can he extended heyond its original expiration date if the Court linds that the Nelson Perez has commilled annther act of ahuse or has engaged in a pallem or practice that indicates continued risk of harm to Yvonne Lynn Pannehaker. 7. Violation of the Protection Order may suhject the respondent to: i) arrest under 23 Pa.C.S. 96113; ii) a private criminal complaint under 23 Pa.C.S. 96113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 96114. punishahle hy imprisonment up to six months and a line of $100.00-$1.000.00; and iv) civil contempt under 23 Pa.C.S. 96114.1. Resumption of co-residence on the part of Yvonne Lynn Pannehaker and respondent shall not nullify the provisions of the court ordcr. 8. The Carlisle Police Departmcnt shall he provided with a certitied copy of this Order hy the petitioner's allomey. This Order shall he enforced hy any law enforcement agency where a violation occurs hy arrest for indirect criminal contempt without wamlllt lipon prohahle cause that this Order has heen 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 sectinn. the respondent shall he taken \. ithout necessary delay helilre the court that issued the order. When that coun is unavailahle. the respondent shall he taken hefore the appropriate district justice. (23 P.S. 96113). By the Court. Wesley J. Oler. J. ..)! (j JUL 0 9 1991 Yvonne Lynn Pannebaker, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PROTECTION FROM ABUSE v. Nelson Perez, Respondent NO. 97-JUI) CIVIL TERM AND NOW, this TEMPORARY PROTECTIVE ORDER '.1 Il, day of ~j" I "\, 1997, upon presentation and consideration of the within Petition, and upon finding that petitioner, Yvonne Lynn Pannebaker, residing in Cumberland County, Pennsylvania, is in immediate and present danger of abuse from respondent Nelson Perez, the following Temporary Order is entered. 1. Nelson Perez is ordered to refrain from physically abusing or harassing petitioner, Yvonne Lynn Pannebaker, or placing her in fear of abuse, either personally or through his agents. 2. Nelson Perez is ordered to stay away from petitioner's residence at the Lincoln Motel, Carlisle, PA 17013, Cumberland County, Pennsylvania, and her place of employment at the Flying J Travel Plaza in Carlisle, Cumberland County, Pennsylvania. 3. Nelson Perez is ordered to refrain from having any direct or indirect contact with the petitioner including, but not limited to, telephone and written communications. 4. Nelson Perez is enjoined from harassing and stalking the petitioner and from harassing her relatives. 5. A violation of the Order may subject the respondent to: i) arrest under 23 Pa.C.S. 56113; ii) a private criminal complaint under 23 Pa.C.S. 56113.1; Hi) a charge of indirect criminal contempt under 23 Pa.C.S. 56114, 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. 56114.1. Resumption of co-residence on the part of the petitioner and respondent shall not nullify the provisions of the court order. 6. A hearing shall be held in this matter on the 1.9 ft day of ()UJ~~:r ' 1992 at :?--~I; A.M., in Courtroom No. County Courthouse, Carlisle, Pennsylvania. ,,- ,,) , Cumberland 7. The Carlisle Police Department shall be provided with a certified copy of this Order by the petitioner'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 respondent shall be taken without necessary delay before the court that issued the order. When that court is unavailable, the respondent shall be taken before the appropriate district justice. (23 P.S. 56113). 8. The petitioner may proceed without pre-payment of fees pending a further order after the hearing. 9. This Order shall be docketed in the office of the Prothonotary. The Prothonotary shall not send a copy of this Order to the respondent by mail. By the Court, ! I , . ' / I / 'J., i J. A. On July 7, 1997, respondent observed petitioner outside of Dunkin ~onuts in Carlisle, confronted her by the telephone, threatened and screamed at her. Respondent, among other things, threatened to "Bash this phone in your face." Petitioner fled into the building and contacted the police. B. During the period when the parties lived together, Respondent threatened to kill petitioner as he brandished a knife and prevented petitioner from leaving their residence. In the process, respondent slapped petitioner in the face, drawing blood at the lips. Petitioner's friend, Judy Edwards, notified the police of the incident. C. On another occassion, Respondent grabbed petitioner's hand, bending her fingers to the point where petitioner required emergency medical attention. Petitioner's hand was bruised and sprained as a result of respondent's actions. Petitioner notified the police of the incident. D. Respondent has pled guilty to simple assault for the injuries that he has inflicted on petitioner, including the incident where he slapped petitioner in the face and the incident where he twisted her hand. 6. Petitioner believes and therefore avers that she is in immediate and present danger of serious abuse from respondent and that she in need of protection from abuse. WHEREFORE, pursuant to the provisions of the "Protection From Abuse Act" 23 Pa.C.S.A. 56101 et seq., Petitioner prays this Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection From Abuse Act": 1) Directing the respondent to refrain from abusing the petitioner. 2) Prohibiting the respondent from having any contact with the petitioner, including, but not limited to, restraining the respondent from entering the place of employment or business of the petitioner and from harassing the petitioner or petitioner's relatives. 3) Directing the respondent to pay the administrative costs and fees required for filing tile Petition; 4) Granting sole posession to the petitioner of the residence, Room #3 at the Lincoln Motel, and excluding respondent from there. 5) Any such other relief as the Court deems appropriate and just. B. Schedule a hearing in accordance with the provisions of the "Protection From Abuse Act", and after such hearing, enter an order against the respondent, to be in effect for one year, as follows: 1) Directing the respondent to refrain from abusing the petitioner. 2) Prohibiting the respondent from having any contact with the petitioner, including, but not limited to, restraining the respondent from entering the place of employment or business of the petitioner and from harassing the petitioner or petitioner's relatives. 3) Directing the respondent to pay the administrative costs and fees required for filing the Petition; 4) Granting sole posession to the petitioner of the residence, Room #3 at the Lincoln Motel, and excluding respondent from there. 5) Any such other relief as the Court deems appropriate and just. Respectfully Submitted, The Family Law Clinic by: 1/1:", zL. :/nA-- Mark C. Locke certified Legal Intern .J I ,t.,~ \...l._1_~V\.. Place Rains Katherine C. Pearson SUPERVISING ATTORNEY Gail R. Shearer STAFF ATTORNEY FAMILY LAW CLINIC 45 North pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 d r~ ''1 . 'i'. 'I- ~ -' ,- 'F :<' ':. "-3 01 i .... " <::..J ,i) ~ "':) ...:, -(. ,~ c~\ .':i '. . ,-",' ,. ~ : " e , , Street, Room H3, Carlio1e, Cumberland County, pennoylvania, and from any other residence which Yvonne Lynn Pannebaker may establish during the term of thio Order. 4. Nelson Perez ohall not harass or stalk Yvonne Lynn Pannebaker or Yvonne Lynn pannebaker's relatives. 5. Nelson Perez oha11 not have any direct or indirect contact with Yvonne Lynn Pannebaker, including, but not limited to. telephone and written communications; provided, that nothing herein shall prevent Defendant from pursuing any legal claims which he may have againot Ms. Pannebaker through the court system. 6. The Protection Order entered in this matter shall be in effect for a period of one year and can be extended beyond its original expiration date if the Court finds that Nelson Perez has committed another act of abuse or has engaged in a pattern of practice that indicates continued risk of harm to Yvonne Lynn Pannebaker. 7. Violation of thio Protection Order may subject the Defendant to. (i) arrest under 23 Pa. C.S. Section 6113; (ii) a private criminal complaint under 23 Pa. C.S. Section 6113.1; (iii) a charge of indirect criminal contempt under 23 Pa. C.S. Section 6114, punishable by imprisonment up to six months and a fine of $100.00 to $1.000.00; and (iv) civil contempt under 23 Pa. C.S. Section 6114.1. Resumption of co-residence on the part of Yvonne Lynn Pannebaker and Defendant shall not nullify the provisions of this Order except to the extent that they prohibit co-reoidency.