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Home My WebLink About98-01274 ~ C) " i . ~ ~ ~ ~ UI ~ . ~ ~ i ,j (' ... ~ ...... . .. " .~ " ~ ::;t.... t..... C""J ......... c'.. \)-. Qlt--l~l6 Ct~ -~Cjf-I;71- ~ DENICE NEVIUS, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA v. No. QS;< S 1998 DARRYL PATRICK NEVIUS, SR. , CIVIL ACTION - LAW Defendant PROTECTION FROM ABUSE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must appear at the hearing scheduled herein. You are warned that if you fail to do so the case may proceed without you and an Order may be entered against you for the relief requested in the Petition. You may lose money or property or other rights important to you. If a copy of the obey it until the hearing. arrest you. TEMPORARY ORDER is attached, you must If you do not obey it, the police can YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE A RIGHT TO HAVE AN ATTORNEY 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. AVISO PARA DEFENSA USTED HA SIDO DEMANDADO EN LA CORTE. Si usted quiere defenderse de las reclamaciones descritas en las paginas siguientes usted debe asistir a la vista que esta citada en esta. Usted esta siendo advertido de que si falla en asistir a la vista el caso procedera sin usted y una Orden puede ser expedida en contra suya para el remedio solicitado en la peticion. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. Si la copia de una Orden provisional esta debe obedecerla hasta que la vista se lleve a cabo. no la obedece la policia 10 puede arr.estar. adjunta usted Si usted no Usted debe llevar este documento a su abogado enseguida. Usted tiene derecho a tener un abogado que 10 represente en la vista. Si no tiene un abogado 0 no tiene dinero para uno; vaya llame a la siguiente oficina donde Ie informaran donde conseguir ayuda legal. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 C,lt111tb(l(j .It fr / ) 7/; c..~O ~L DENICE NEVIUS, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. No. qS'J S 1998 DARRYL PATRICK NEVIUS, SR., Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE NOTICE TO PLAINTIFF OR WITNESS: IMMEDIATELY CONTACT THE POLrCE (911) IF THE DEFENDANT VrOLATES THrS PROTECTION ORDER. TEMPORARY PROTECTrON ORDER AND NOW, this lo~ day of ~d..r~ ,1998, upon presentation and consideration of the within Petition, it is hereby ordered as follows: 1. Defendant, Darryl Patrick Nevius, Sr., date of birth May 24, 1964, and Social Security number 372-78-6904, shall not approach, abuse, stalk, threaten, or harass Plaintiff, either physically or verbally, wherever she may be. 2. Defendant is completely evicted and excluded from an undisclosed location, Dauphin County, Petitioner's current residence, and any residence which Petitioner and her minor children may occupy while this Order remains in effect. Defendant shall have no right or privilege to enter or be present on the premises. Exclusive possession of the residence is granted to Plaintiff. If Respondent is present at the subject premises when this Order is served or enforced, Respondent shall be escorted immediately therefrom by the deputy sheriff or other law enforcement officer performing service or enforcement. 3. Defendant is directed to refrain from all harassing communication with Plaintiff's relatives. 4. Defendant is prohibited from having any contact with Plaintiff, including entering or telephoning Plaintiff's home, school or place of employment. S. Defendant is prohibited from stalking Plaintiff as that term is defined in the Crimes Code, 18 Pa.C.S. ~2709. 6. Plaintiff is awarded temporary primary physical and legal custody of the parties' minor, children; Felicia Nevius, born August 16, 1985; Darryl Nevius, Jr., born April 30, 1987; and Jeremy Nevius, born May 17, 1990. The local law enforcement agency in the juriBdiction where the children are located shall enBure that the children are placed in the care and control of the Plaintiff in accordance with the terms of thiB Order. 7. Defendant is directed to relinquish any handguns, shotguns, rifles, or other firearms he may own or possess, and any current gun permits he may have, to the Dauphin County Sheriff immediately upon being served herewith. Defendant shall not acquire or possess any such weapons during the pendency of this Order. . " 8. The Prothonotary, Sheriff, and local law enforcement agencies are directed to accept, file and serve copies of this Petition and Order without prepayment of fees. 9. A certified copy of this Order shall be served on the Harrisburg City Police Department if said department is within the appropriate jurisdiction for Plaintiff's residence and/or school or place of employment, or on Dauphin County Control as to any jurisdiction within Dauphin County but outside the City of Harrisburg. should the police come into contact with Defendant, and should Defendant allege that he has not been served with this Order, the police officer shall immediately serve the Order upon him. 10. This Order shall be enforced by any law enforcement agency in any county where a violation occurs. As provided in 23 Pa.C.S. !l6113 (a) of the Act, "[aln arrest for violation of an order issued pursuant to this act may be without warrant upon probable cause whether or not the violation is committed in the presence of the police officer...." 11. terminated by !l6107 (b) . This Order shall remain in effect until modified or the Court after notice and hearing. 23 Pa.C.S. 12. Defendant is hereby notified that if he violates this Order, he may be held in indirect criminal contempt, which is punishable by a fine of up to $1000.00 and/or by a jail sentence of up to six (6) months or civil contempt, which is punishable by a jail sentence of up to six months. :l.ll 13. ~g on thiB matter iB Bcheduled fO~ the O'-o~ay of , 1998, at i: .2,C), .M., in Court Room No.4, Dauphin County Courthouse, Front &: Market Streets, Harrisburg, Pennsylvania. BY THE COURT: __ J - ~_.: 19 _.-~-.9:1 , . : I'~ I' I I ,~ '''I' ",' "", ,- 1(' 'j ,........."[......rtl;rlj'I~IV d'=", (! .~r ,'....',~)..., ~,' .,; ,J .\.' ,.) .I. .. J I ....... ' , .' :-- , ", "'ld r.-""~J"-: r ....'-1\1. :l, '0' :-r;~1 '.1 "-"'-'11.......' \....,. I ' .. ,- .. , \ HJ~I ~. 4l~ ,J. --,(./ .~/".. " ,,;.. :In(~iY . 01__",__.,.. ~. ')~ n v:l c.:: ~o 0 ;=- ~- '.. "rot-;! :<~.. :~f ('1;-;1 '!"i .<:'I! ;U hiiJ1 {;S.~~ Cl n~ .." . ";) r.:t.:i ...., ~ :~ :.:"t( ...~;C) - "33 ~I. ..., :~-:[; !~~C) - urn ~, .. '-, ~ :J ?q .r:- -<; f. On or about January 18, 1998, Defendant kicked Plaintiff in the shin, causing a bruise. g. In or around December 1997, Defendant threatened Plaintiff, "If I catch you with someone, you little bitch, I swear to God I'll kill you". Plaintiff heard a gunshot. When she went to see what happened, Defendant was sitting on the bed holding the gun. Plaintiff believes that Defendant was going to shoot her. h. In or around December 1997, Defendant held a gun to one of the parties' minor child's head and threatened to blow him away if he did not go to sleep. i. On or about November 28, 1997, Defendant drove down the highway at approximately 9smph. Defendant threatened Plaintiff, "I should just run off the road into those bushes. Once the parties got home, Defendant threw an object at Plaintiff and knocked a glass out of her hand. When Plaintiff attempted to leave the residence, Defendant took his truck and blocked her in so she could not leave. After Plaintiff went back into the house, Defendant hit Plaintiff's car with his truck. j. In or around August 1997, Defendant's behavior became increaSingly controlling. On several occasions, Defendant would not give Plaintiff her car keys so she could go to the grocery store. If Defendant would allow Plaintiff to go to the grocery store, he would sit outside in the parking lot to make sure she was really there. k. In or around 1989, Plaintiff had a Protection From Abuse Order against Defendant. Defendant threw a sledge hammer at Plaintiff and chased her out the door with a shotgun. Defendant shot the gun in the air. While Plaintiff was running away from Defendant she missed a step and fell to the ground. 1. There have been numerous other incidents where' Defendant has treated Plaintiff abusively to one degree or another. 9. As a consequence of the above, Plaintiff is afraid of Defendant and believes that she is in immediate and present danger of further abuse and harassment from him. Plaintiff is in need of, entitled to, and desires protection from such abuse. 10. Plaintiff has no information concerning other litigation regarding the custody of the parties' minor children in this or another court, although Plaintiff intends to file a custody action as soon as possible. 11. Plaintiff, who has been the children's primary caretaker since birth, believes that it is in the children's best interest and welfare that she be granted custody of them. WHEREFORE, pursuant to the Protection from Abuse Act, Plaintiff prays your Honorable Court to: I. Immediately enter a temporary order, pursuant to 23 Pa.C.S. ~6107(b): A. Directing Defendant to refrain from approaching, abusing, harassing, or threatening Plaintiff, physically or verbally, wherever she may be; B. Immediately ejecting Defendant frcm Plaintiff's current residence and restoring such residence to the exclusive possession and control of Plaintiff, should the Defendant be found at Plaintiff's current residence when the temporary protection order is served upon him; C. Evicting and excluding Defendant from Plaintiff's current residence and any residence which she may occupy while this Order remains in effect; D. Prohibiting Defendant from having any contact with Plaintiff, including entering or telephoning her home, school or place of employment; E. Prohibiting Defendant from stalking Plaintiff as that term is defined in the Crimes Code, 18 Pa.C.S. ~2709; F. Directing Defendant to refrain from all harassing communication with Plaintiff or her relatives; G. Awarding custody of the parties' minor children to Plaintiff; and H. Directing Defendant to relinquish any handguns, shotguns, rifles or other firearms he may own or possess, and any current gun permits he may have, to the Dauphin County Sheriff immediately upon being served herewith and prohibiting Defendant from acquiring or possessing any such weapons during the pendency of this Order. II. After hearing, and pursuant to 23 Pa.C.S. ~6108, enter a final protection order continuing the relief set forth above, for a period of one (1) year, and further requiring that Defendant: A. Pursuant to 23 Pa.C.S. ~6106(c), pay all taxable costs of this action; B. Pay attorneys fees for the use of the County of Dauphin in the amount of $250.00; C. Pay Plaintiff $ 105.00 per week for the support and "''','.. ~ ~ ~ 'Il ..Sl i a. J. ~ ~ I 1I I R ~ " " I ~ J 'c 'Il ~ ~ . C C' II ~ a. ~ " I 11 11 i " ~ .. il il ~ 0 g " ;!l l l il! i 2' ~ I FA:W.:s a: ! Ii . . !l II u ~ "', ~ :c " ~ . .... !! ~ U " 1I 'l! II 'c f 3 li -g. u ; J . ::J " ~ ~ " " . a. 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