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HomeMy WebLinkAbout00-05865 --, - ~~ KAREN ANN NICKEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 00- 68' b5 CIVIL TERM KENNETH GEORGE BURRY, Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is schednled on the j {d day of , 2000, at 3: 30 t)m., in Conrtroom No. ~on the 4th Floor 0 the Cumberland County Courthouse, 1 Courthou~e Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation ofthis Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months injail under 23 Pa.G..S..S6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 D.S.C. 92265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 9 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. 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 can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES 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. ., ,.- W.r_- KAREN ANN NICKEL, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law KENNETH GEORGE BURRY, Defendant ; No. dv . 5'.P~ $' Ci.u;.J-ru.- PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: KENNETH GEORGE BURRY Defendant's Date of Birth is: October 20, 1959 Name(s) of All protected persons, including Plaintiff and minor children: 1. KAREN ANN NICKEL AND NOW, on o. r~ ;.(~ upon consideration of the attached Petition for Protection from Abu e, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. The following additional relief is granted; - Order Defendant from harassing Plaintiffs relatives. - Order Defendant to pay the costs of this action, including filing and service fees. - Enjoin Defendant from damaging or destroying any property owned solely by Plaintiff. -Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. -.-.. "' ..' "-~i~~~;'_ 3. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: PENNSYLVANIA STATE POLICE 4. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 5. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL FEBRUARY 25, 2001 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 96114. Consent of the Plaintiffto Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. 96113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. 992261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraph I of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office ofthe county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Judge Date Distribution to: LEGAL SERVICES, INC. FAXED & mailed to psp ~~[ljjiil_~~g_t~.iiiJjjllllt~li\l,;ifr' ~~- ~'~';iH+.tifd&,',;i-1;~)i~<ifuiliIDii;,<jgffillll;;{ll:lL. ~. - ~', -.,- '-.' ~i1-ffl ~...~ -:1rlillll1flr ~ fl!tlIii~~ 0 -" '-.,' c: c.: " :".;:L" ""(1 LU i"'-; C,: :..,") 2: -;7 r-' 1-,.) CD ~~~. Ui -<"'.... le CJ *-(J ~ ~ .'~.': )> 0 I>? c:: Z J:"" -; -< \0 .~- o '.'. - ~,~" ~ r PFAD Number: JAI123902L KAREN ANN NICKEL, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law KENNETH GEORGE BURRY, Defendant : No. (}1J - 5J>r..5' ~ 1..!lA.-... PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: KAREN ANN NICKEL 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. KAREN ANN NICKEL 4. Plaintiff's Address is: 239 West Yellow Breeches Road, Carlisle, PA 17013 5. Defendant's Name is; KENNETH GEORGE BURRY 6. Defendant is believed to live at the following address: 401 Pine Road, Mt. Holly Springs, PA 17065 7. Defendant's Date of Birth is; October 20, 1959 8. Defendant's Place of employment is: Ken's Electric (self-employed), 401 Pine Road, Mt. Holly Springs, PA _..~ '~!.g","Jli\ 9. Defendant is an adult. 1 O. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner II, The defendant has not been involved in a criminal court action. 12. The facts of the most recent incident of abuse are as follows: On about Satnrday, August 05, 2000 location: 401 Pine Road, Mt. Holly Springs, PA, Defendant's residence On or about August 5, 2000, when Plaintiff resisted and refused to participate in a sex act with Defendant, he became physically aggressive and sexually assaulted her. Plaintiff sought medical treatment for injuries she sustained as a result of this incident. 13. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or about early July 2000, Defendant argued with Plaintiff, shoved her against the sink, spat on her, shoved her to the 000", and harassed her throughout the night, depriving her of sleep. The Pennsylvania State Police were called, responded, and charged Defendant with harassment. Fearing for her safety, Plaintiffleft the residence to avoid further buse. In or about May 2000, Defendant argued with Plaintiff, got out of her car, and kicked the driver side window of her car repeatedly, causing it to shatter and shower Plaintiff with broken glass. Plaintiff sustained a laceration on her foot as a result of this incident. In or about April 2000, Defendant grabbed Plaintiff by the hair and jerked her head backward. On or abont March 17, 2000, Defendant shoved, slapped, kicked, and threw Plaintiff about until she collapsed on the Ooor. Defendant took Plaintiff to the Carlisle Hospital where she was treated for her injuries. Hospital staff contacted the Pennsylvania State Police who arrested Defendant, charged him with simple assault, and took him to Cumberland County Prison. Plaintiff sustained bruising, swelling, and soreness about her face, head, arms, legs, and torso, multiple contusions, and a laceration on her foot that required several stitches. Plaintiffs injuries were documented and photographed by the police and hospital. Since approximately January 1999, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, kicking, choking, and pulling her hair. Defendant has punched holes in walls, shoved her into a wall with such force that the drywall broke, and damaged and/or destroyed her personal possessions. 14. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: PENNSYLVANIA ST ATE POLICE -'~~ ,-- 'i- ~, i !lIIliIiii:~]ii::~~,,:,~ 15. There is an immediate and present danger of further abuse fi"01n the Defendant 16, FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Order Defendant to pay the costs of this action, including filing and service fees. c. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiffs relatives. Enjoin Defendant from damaging or destroying any property owned solely by Plaintiff. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc. 's funding sources toward the cost of litigation in this case. d. Grant such other relief as the court deems appropriate. e. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing, The petitioner will infonn the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: % /:< :j'! 00 , ~ Joan Carey hilip C. Brigan' Andrea Levy and Maryann Murphy. Attorneys for Plaintiff Legal Services, Inc. S Irvine Row Carlisle. P A 17013 (717) 243-9400 V' 'ru.".~~~lil~'Ii!':'- -"- ..~~,)- ;tI (0~~~ ~tj~~~ r< & \ ~ r-- ~"'t'--. \f\ 'i-- ~ ~ ~ ~ ~ -:::, ~ \~J ~~~t~0~ ,\, ~J ~ ~.f: j--, & "f.iiirNii~"l!tfJi1f\!~Il'h,jl~!tii"i~;~/Jri.\:iiiJ ~~ '-11. . ~~ 'Q ~. .<) 'i:> ""<:, 0\ ~ "'. - i"> "" or- ~ '"'t:, O<\l ~ "'"'\ \ ~, ~ IJ\ . t , -~, """"""'-- ~ ,. '!:' ~::'b t.~ 1;: ~ V IC'. ",-4 '"", ~ C) (-~ ;;:::' (...-"" '<..,. ~~!I~:' :/';' ? ~~: L"2 ~f ~~~ -" , :~ =2 -j-' "'--'-'-' ":-) ('-.) '...\: . --; s~.~ ~;~}~~ ':'~-{ ~> ::0 -< -.:; i;~1 "v r..:> ~ 0,., ~ ;::r- '.:; ,...J >- ~ ? ...... f' 08/25/00 FRI 15:38 FAX 717 240 6573 ~, , , -~~~", CUMB CO PROTHONOTARY 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 2109 92438026 08/25 15:34 03'54 7 OK ~....., 08/25/00 FRI 15:29 FAX 717 240 6573 ~. 1liIii",~ ........~ CUMB CO PROTHONOTARY 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* ... TX REPORT ... ********************* ~ -r,5.~. 2107 92490779 08/25 15:25 03'54 7 OK - 08/25/00 FRI 15:34 FAX 717 240 6573 COMB CO PROTHONOTARY - .-"~ - '"-";';"';'~1c , @001 . . TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* $** TX REPORT *** ********************* 2108 92405331 08/25 15:30 03'52 7 OK i~- ~.' , , ",,,,, ~ KAREN ANN NICKEL, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law : No. 00-5865 KENNETH GEORGE BURRY, Defendant : Protection From Abuse CONTINUED TEMPORARY ORDER AND NOW, this 1st Day of September, 2000, pursuant to 23 Pa.C.S. ~6107(c), the terms and conditions of the Temporary Order issued on 25th Day of August, 2000, in the above-captioned case are hereby continued in full force and effect. This order is in effect until February 25,2002. A hearing on this matter is scheduled for the October 4, 2000, at 1 ;30PM in Courtroom No.3 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. Distribution To: Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. Kenneth George Burry, Defendant 401 Pine Road ~ Mt, Holly Springs, PA 17065 fJ.l-uu 1-'. FAXed and mailed to PSP -""- Mltl ".;.L",c"., ,'-- ~ ~_1IlJlIIIIII1IB ~-.~ ., ,. . ~' -". " ~" ,..""",,- ~'" - i ' .;' , "_,,,c,, _ ""~~"",., C""-_ "" .'~'!J~'< ':'lj~'1liti.&'ll?-'H-ill"""''''0'~''l,"\'''!r::&$1 " \i'{'I\,',n) '-"", fC' i '1 ,/ ,<.11_1,\(1\.,_,(, )J.f\Jnc;:~: c.:\t.:r)'>-r"'~wvno 6t1 :Z '.'0,_" ,~ _,~. 7 , ,,' ':,., "-: c.:!s '.',. -->""-, ,- ~~"'-WlIiI&:illi ,"",,;~ --- "'I .... ",...,~ ".,' ~--:i .. ~. KAREN ANN NICKEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-5865 CIVIL TERM KENNETH GEORGE BURRY, Defendant ; PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintifl; Karen Ann Nickel, by and through her attorneys, Joan Carey and Philip C. Briganti of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above- captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on August 25, 2000, scheduling a hearing for Thursday, August 31, 2000, at 3;30 p.m. 2. The Cumberland County Sherifl's Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence, 401 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania, on August 25,2000, at 7:35 p.m. 3. Defendant indicated to Legal Services, Inc. staff on August 30, 2000, that he desired legal representation in this matter and requested that the hearing be continued to afford him time to retain counsel. 4. The parties agree that the hearing be rescheduled pending further Order in this matter. 5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through February 25,2002, or until further Order of Court, whichever comes first. " , , .' . WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through February 25, 2002, or until further Order of Court, whichever comes first. -r:~m_~ (!y ( ~--- Joan Car Philip C. Briganti Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 i-rba tttJ.. " 'lQJtHal!fj~tf ~ rll ,.., -' ~-'~ ~~ -~ - ~- ^-~ U-l\M~M1l>;t~",.:.g)_~t--~i,~ . ~, . w" " . ~~ ,~ ' L::dlii.iilibiiili. r.f-"'''~Jj,il.ilI1ff:i~j " ._ -'9~ -r:' L-.~_: fll,-' Z' .'7 ~ , " '- ~2 z -' -< o C' w '. -:.-') "., -- :J r;~) --~ C) r~ ~' '~) (~) ~----. ...:., ~ -< r: ,-ilil - ._ -,I ; ~'"'" . -- .~~- SHERIFF'S RETURN - REGULAR CASE NO: 2000-05865 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NICKEL KAREN ANN VS BURRY KENNETH GEORGE MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon BURRY KENNETH GEORGE the DEFENDANT , at 1935:00 HOURS, on the 25th day of August , 2000 at 401 PINE RD. MT. HOLLY SPRINGS, PA 17065 by handing to KENNETH G. BURRY a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION ORDER AND PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.34 .00 10.00 .00 32.34 So Answers~~~ R. Thomas Kline 00/00/0000 Sworn and Subscribed to before me thi s '7!:: day of 4.=::-I?, ,c2trvi> A.D. qhJc:'.7hdA.;# rothonotary BY'~ Deputy; iff . [ -~ o ~, - " - ~~'-r-'a'- KAREN ANN NICKEL, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYL VANIA v. : Civil Action - Law : No. 00-5865 KENNETH GEORGE BURRY, Defendant : Protection From Abuse CONTINUED TEMPORARY ORDER AND NOW, this 4th Day of October, 2000, pursuant to 23 Pa.C.S. ~6107(c), the terms and conditions of the Temporary Order issued on 25th Day of August, 2000, in the above-captioned case are hereby continued in full force and effect until further order of the court. A hearing on this matter is scheduled for the October 11, 2000, at 2:30PM in Courtroom No, 3 on the 4th Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. o e . Ho er, C 0'[11" D -fYl o1J J(r~.OO "RX.3 Distribution To; Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row, Carlisle, PA 17013 Kenneth George Burry, Defendant 401 Pine Road, Mt. Holly Springs, PA 17065 ~~~~":" ~",., ."~ _._,C".__" -"J1!l[.' ." ~1~Uii'1:l.iii\i1I""",Ar~"'!"';';;;-'-$,"'H-,,;;,"~~iI!!til~~i~~:' '---illlilill€!.lt1!i' "I -',I :1 I \J\I:-NI\l}"'3~\"~;!, 'Ir() ^lNnO~j C\,"'-" ,-(),\<-'\: ,," ,.t. :n l:P l) '1',--1 ,'C,o ,',</- (l.. nJ Gu J-,o'1F"l\i!:,:,I: - ~'~i6\+,i,Cr-':~'j -- ..-<,,' "'. u 1'-- , ~". ..". ~ '" _'n_","_ r, ~ ,^ ", -" " - KAREN ANN NICKEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-5865 CIVIL TERM KENNETH GEORGE BURRY, Defendant ; PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Karen Ann Nickel, by and through her attorney, Joan Carey ofLegal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. Defendant advised Legal Services, Inc. staff that he wanted representation in this matter and requested th~t the hearing scheduled on August 31, 2000, at 3 :30 p.m., be continued. Plaintiff agreed to the continuance, a Motion for Continuance was filed and an Order for Continuance was entered on September 1, 2000, rescheduling the hearing for October 4, 2000, at 1:30 p.m, in Courtroom NO.3 of the Cumberland County Courthouse. 2, Defendant did not appear at the hearing scheduled on October 4, 2000, at 1:30 p.m. in Courtroom No.3, due to a miscommunication. 3. Plaintiff requests that the hearing in this matter be rescheduled. 4. Plaintiff requests that the Temporary Protection From Abuse Order remain in full force and effect until further Order of Court. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in full force and effect until further Order of Court. Respectfully submitted, JoCarey, Attorney ti laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 -"- ~-' _'~~ > --m.,"""""I, ,:- ;_"._,~..,""> ........' --" < "",_~:!MJ<_,_~'''' l"~ llm!JII~.~;jiI..:0Itii&ti01'K>'N~t,,"~:ilM,-Jj-"<'l"'-i,;';M*~l:i~~tIi_~~ ,,' :'if1,"""'~lB ~"""4--~~1m , '!JjiS....d ~LI~ltMl1!IiI (") 0 (~i C C) 'f'., 5: 0 .. , uC=::' {'"") n1f'-'~ -; Z:-;~ ~s:: I ..-! <..r: '" , r:"~ r-, ~_C~' ,..-,' )..';:;(-, J:'" ~c~~0 Zci -'- )>j '...() .., C '-..) Z o;::l -{ c- :u -< (fl -< u - ~ ~ . . KAREN ANN NICKEL, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYL VANIA v. : Civil Action - Law : No. 00-5865 KENNETH GEORGE BURRY, Defendant : Protection From Abuse ORDER TO VACATE t"~ AND NOW, this: 1_ Day of October, 2000, upon Plaintifi's motion to withdraw or discontinue this action, 1. This matter is dismissed without prejudice. 2. Costs of this proceeding are waived. 3. The Temporary Order (Filed on Aug 25, 2000) is hereby vacated. Distribution to: Joan Carey, Attorney for Plaintiff LEGAL SERVICES INC. , 8 Irvine Row, Carlisle, P A 17013 !Y'()o.,\~d 't'fC,~~ !O'lyOU . Judge .. Kenneth George Burry, Defendant 401 Pine Road, Mt. Holly Springs, P A 17065 /MI~ . 10-13- [!O FAXed and mailed to PSP '"'~ ~ilIrf~~- C ]T"~I-"'a'~'"~-~dl<~"'''''h",!,];"",-,,'''i~;;';,:;i;Iii!:!ii1~, ~ ~ ",._:__,^"JJIfJ,-,"~_.,<,,,_,,c,,""'''''''_. ".~_ :,"",i<'ry_ _,. q __0 ',.~_ -, ,~ "IJJ_!il!i'~- l\11",'r~~~~l!i~18 " Ml&. ~^- 'v'II'i\l/ii^S~!N3d '1~lr]l-'rl r;~,~."nl..;:Jnji\lnf'\ i\_-J'/ i'_". \__:":',' ii,'._'- ,.' V S t :2 I,Jd t i J.:10 00 At]V.JJj>',,~.;i -j.tL.<::J j- i.L .:10 j~)\:-1:-I(}'Ojl!:l , , "~", , , " -- ...' KAREN ANN NICKEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-5865 CIVIL TERM KENNETH GEORGE BURRY, Defendant : PROTECTION FROM ABUSE PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff, Karen Ann Nickel, by and through her attorney, Joan Carey of Legal Services, Inc., requests that the Court vacate the Temporary Protection From Abuse Order entered in the above- captioned case and that the action be withdrawn on the grounds that: 1. A Petition for Protection From Abuse was filed and a Temporary Protection From Abuse Order was issued by this Court on Auguster 25, 2000, sched~ing a hearing for August 31, 2000. A Motion for Continuance was filed and an Order entered on October 4, 2000, rescheduling the hearing for October 11, 2000, at 2:30 p.m. 2. The parties are in the process of reconciling their differences. 3. Plaintiff requests that the Temporary Protection From Abuse Order be vacated and the action withdrawn without prejudice to her. WHEREFORE, plaintiff requests that the Court grant the relief requested and vacate the Order, and that the action be withdrawn without prejudice to Plaintiff. Carey, Attorney fo~ aintiff LEGAL SERVICES, INC. 8 Irvine Row, Carlisle, P A 17013 ~ ~" - "'_'1 VERIFICA TION I verilY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa. C. S. ~4904, relating to unsworn falsification to authorities. Dated: ~~~d I ~!iIililI~_J:jJI!I.~Iiil!!m -.-tlii! .. tM~_oj,m$'@"~''''~",,"'''''''b,~~.iiM. ~, ~~1Il1:!1il 11 ^ ,~,' ,..y-!""\",<_,,,,,,_,",, ,~,,-"''''''', 0"'-" ~_'" ",'. '"~''_"''' ",,~ --' -, ,.", -,~ L !JJ!Il1~~W~ iWI~H~11l!4' <~._> .'" .H :s $:l -::-- '" ~ '-' c """'V' VI --tJ , ~- a .\) ~ ~ \) ~ ~ l^ f ~~ 1 ~ &l.....\: . ~ -0 VI :s;- . -\...... q' ~~ ~ ~ ~ ~~ ~~ c:..J} w ~ e, 1O/Q3/0'9 FRr 13: 26 FAX 717 240 6573 TX/RX NO INCOMPLETE TX/RX TRANSACTION OK **********************~~~.,-~ *** MULTI - -~."," TN REPORT ~** ************************;** CliMB CO PROTHONOTARY @001 2218 ERROR [ 01J9P2405331 [ 03J9P2438026 [ 04J92490779 CENTRAL PROCESS LEGAL SERVICES PSP . ~ >$ OFFICE OF 'mE. PROrHONOTARY CUMBERLAND CCXJNTY CXlURTH<XJSE . C>>lE CCUR'rnCUSE SQUARE CARLISLE. PA. 17013-3387 (717l 240-6195 FAX fI: psP LS .J . C.ed(o/ -rrDL-eSSfI1j if - cJ.. 40 - S 33 I FAX (717) 240-6573 VIA TELECOPIER TO: F'IlCM : CURTIS R. LONG RE: :P FA QrrJ..-etr5 MESSAGE : ;J NO. OF PAGES (INCWDING rovER SHEET) -~~ This ~ is ill"" CW ally fir tte LE*1 of tte itrlividsl cr rotit;y lD Wtid1 is is cilll. : i. em llffi a::ntain .inftmmt:icn t:tat is p:i.vi.l.Egn, anf:i!:all:ial aU e><s:rpt fron dicrl....n-e ~ "r'Olirri'llp laN. ff tte J:rek of this" ~is rot tl-e intE!:da:I re::ipient, l"ll are ta:cby rotifiEd th:It err; digXmiretim. .. , .......~ nr <TD\(inq of: this crnm.nicatirn is strictly p:ctribitB:l. If)O.l taI.e receiwrl tins ~_~~~~=...~1... ~ ~1a:nrc ad x:etum tie cd.gire1 u 7 to LS at ;,~,- OM -'_ ~ ~ ~> '" ~~.. " ~~~ ~ """"0 l!llIC;]1 SHERIFF'S RETURN - REGULAR CASE NO: 2000-05865 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NICKEL KAREN ANN VS BURRY KENNETH GEORGE TREVOR KENT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER FOR CONTINUANCE, was served upon BURRY KENNETH GEORGE the DEFENDANT , at 0017:00 HOURS, on the lOth day of October ,2000 at 401 PINE RD MT. HOLLY SPRINGS, PA 17065 by handing to KENNETH G. BURRY a true and attested copy of ORDER FOR CONTINUANCE, together with CONTINUED TEMPORARY ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.72 .00 10.00 .00 31.72 So Answers: ~~r/<:~! R. Thomas Kline 10/11/2000 Sworn and Subscribed to before By: 'i~~ Deputy Sheriff , / i</ me thlS 7 ~ day of (]2~ ~ A.D. C lwr Cl /h,jj,-J ~ f P othonotary / .