The URL can be used to link to this page

Home My WebLink About01-05764 KARLA A. NICKERSON, Petitioner : IN THE COURT OF COMMON PLEAS OF 1. A ~ CUMBERLAND COUNTY, PENNSYL V ANI~C1J j1Vt 2001 v. CIVIL ACTION - LAW "7& '/ NO.DI.3 CIVIL TERM VAN C. NICKERSON, Respondent PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW, this t!daY of October, 2001, upon presentation and consideration of the within Petition, and upon fmding that Petitioner, KARLA A. NICKERSON, now residing in Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the Respondent, VAN C. NICKERSON, the following Temporary Order is entered: The Respondent, VAN C. NICKERSON, of Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the Petitioner, KARLA A. NICKERSON, or placing her in fear of abuse and is ordered to stay away from any location where she may reside. The Respondent, Van C. Nickerson, whose current address is 1400 Newville Road, Carlisle, Pennsylvania 17013, is hereby enjoined from physically abusing the Petitioner, Karla A. Nickerson and their minor children, or placing them in fear of abuse and is ordered to stay away from any location where they may reside. The Respondent is enjoined from calling or harassing the Petitioner at her home or at her place of place of employment. The Respondent is prohibited from possessing and/or purchasing a firearm or other weapon. "j1rr. '-~-'-',,'~~',. -. '''.-,~ '-"~''''~-' ..~_.",~~~~"''''",_. "'~-.,r ","', _~"P"_'"'''''~'' v". ~c'"""i"1".',"~1,X',_'__"_'~' .,. , -'. ,~ .~, . ~ '" '- - ~-, III ... " "- ,~'J' '~P' '.{ - ."""R~~'F'" ,A --','l' ~ _~ VI:\1\//<i.U..'~;\)~\J3d AJJ..Jl(~'i'--} ~"'-\ [, .' 'j:.J:r' i\n~) ;;"i1:f:: " .., ..::lJ r" -", ".~.- ~,. ~'~" ''"''''''''->>-;''''""''-n-''::''-~:r:'rrff:':^1 ;i~"'f'>"~fn-'i~\':l~\{:'3i.J;~iiiit~:S i ''', r-, !; ,,' !:'c ;(: 1"'~, I'., .~~.Jn.; _, ~~~!!Yi!-,!!j~~Bl~'liII'll~~~~"""" h, The Respondent is hereby notified that if he fails to follow this Order, he may be in indirect criminal contempt which is punishable by a [me not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the 91'\day of October, 2001, ats:"0.fY' in Courtroom No. 3-, Cumberland County Courthouse, Carlisle, Pennsylvania. The Cumberland County Sheriffs Office shall attempt to make service at the Petitioner's request. The Prothonotary's Office is not to attempt to make service by mail. The District Justice of Carlisle and the Carlisle Borough Police Department will be provided with a copy of this Order by attorneys for Petitioner. 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 unnecessary delay before the court that issued the Order. When that court is unavailable, the Respondent shall be arraigned before the appropriate district justice. (23 Pa.C.S.A. 96113). BY THE COURT, J. . ~','7'f: ,~~,.,~~ ':'~-~;{''- (, J".',_"., ry;_::H:rt(<:',,~,~?- ,- "-0;:,<7.. '~-";:._ ,>;,C,,",, ':',~'I~~",," : ,.-,-,.,-Af"C"'!'- .-~,~ ,__fl'." "..., """ '" ,. '_' ',',-,,_ .,_' '., > '_""_'''.-'i'''_'''"9'_,,,,,_,~.~,,,,,,,..,~ . "" .'. ,,~f <.,,>_ e,. ,=,,~qe_".-_"_>>,_ ,",~""~_,~,, ~ , >, ~,~ .~ .-- ~ ?f i ~ ( . ~ ~ t;~ ~ VI "\:, --- - , C; -{:, 6 ..... '''~'_:~"'''''".~r::'~-:,.F_-_. <~",,___, ~, 'W. ~~'.-' ' " " -~ - "","" .. .-w_" C','" '. -"~""-'''' ~--. ,~'" ~" "-'.0*"- "."::;'O"t,'C'fu"".:>'''_G ''''''''"-'''<^--'-'"<:''''t'''JI;.-~t "'irE 'lh:'~ltiniiitillart]"~/""1'"'r , I ,~.~~"","_~~ijffi~~~;~1~;;~!;~"':i\l~:JlI~~-!'l'l~_...,j~~"I~"~"~"I"'o/"~7_'!:-~vM[?~ KARLA A. NICKERSON, Petitioner : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 J - 5"/(.<) CIVIL TERM VAN C. NICKERSON, Respondent PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 ..,..,,- ,'-:. "co"" ~~~" '>"'~>0~'~',,"__r'"_, "-7".~~" ,_,~ _. ,"",.e"" _ ., ",-.", "_",,,,"~" p ,~, ~ __, ~_"~",-.._",~ __"""~',_" .,~ ,~ .,'o~ " ,-'~"-'-.'--''''-~ '. ;]I 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. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ii : ^~ ~ '7 -, ~, - "'.'~"'-'";':..~,;:!, .~- "-7~'_'-'<:c'tR<_,"",--,;""-",:,'-,,:,:.g:,,, I" _",n:'-, <.""P'7-?;,' cA,', ,~"-,"",.,,,,, '::'7 ,". - "",,=: ~, <~,," _,'''' 'f ,," '" ,~, _''l_?,!:v-c'ty "_"*-~"""._' -"'_",<0_ ':'?" '__,f ''''. '~,' . _";~_,~__ .w_~,:h'___,'~"'1-.",,___,_ ~ c "' , ,~ -'- Jl KARLA A. NICKERSON, Petitioner : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.OJ. 5'7tfIVIL TERM PROTECTION FROM ABUSE VAN C. NICKERSON, Respondent PETITION FOR PROTECTIVE ORDER AND NOW comes the Petitioner, KARLA A. NICKERSON, by her attorneys, Irwin, McKnight & Hughes, Esquires and presents this petition for a protective order under the Protection from Abuse Act, 23 Pa.C.S.A. Section 6101 et seq., representing as follows: 1. The Petitioner is KARLA A. NICKERSON, an adult individual presently residing at 21 "H" Street, Carlisle, North Middletown Township, Cumberland County, Pennsylvania 17013. 2. The Respondent is VAN C. NICKERSON, an adult individual residing 1400 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties were married on August 9, 1997, in Carlisle, Cumberland County, Pennsylvania. 4. There were two children born to the parties, namely KA YLA E. NICKERSON, born September 18, 1993, age 7 and Cheyenne N. Nickerson, born January 12, 1996, age 5. , ^', '^~,~u1\_ -"" , "'1 "'_'''".c' 1L 5. On Thursday, July 5, 2001, at approximately 5:00 pem., the Petitioner received a telephone call from the Respondent. In his call, he threatened to "rip her head off" referring to the Petitioner and he threatened her boyfriend. He stated that he was coming to her home. 6. He arrived at the Petitioner's home at approximately 5:30 p.m. and proceeded to scream threats through the doors and windows. He threatened the Petitioner and attempted to kick in the door. 7. On Monday, September 3, 2001, at approximately 5:45 p.m., the Respondent came to the Petitioner's home to drop off information. The Respondent threatened to kill both children and himself if he did not receive custody he was seeking through the conciliation process. 8. This violence has continued throughout the marriage and on numerous occasions the Respondent has threatened to kill the Petitioner and has physically assaulted the Petitioner. The Petitioner has repeatedly been threatened at her work by the Respondent. 9. The Borough of Carlisle Police arrived and spoke to the parties. The Petitioner was advised to seek a Protection from Abuse Order. 10. The Petitioner is in fear for her welfare and the welfare of the children , ", ~Iffl; '.-'" ''''c:_,"':; ":-":"':;,"'-";';o"!""'.Yot.:,,.:n! :'":'-'!'!i11 ],.~n,: _,'"''''.''' _,' , '~1"'": . '" -. ",~ -- ',""'- ,-.c",'~., ~-")'Y,".'f'''',,C''.~~',C'' ~","_,,!:"4' ..W".,~ii-F ,.,....,,, , ~o___ __r " ,,~, _ "-~""""'- '''f.,", II. The Petitioner has been placed in fear of serious bodily injury due to the Respondent's threats and past abuse. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an order providing that: a. Respondent shall refrain from abusing, threatening with violence, harassing or visiting the Petitioner in any manner; b. Respondent shall be excluded from the residence of the Petitioner, or any residence where the Petitioner may reside and at Fry Communications where the Petitioner works; c. Temporary physical custody of the children, Kayla E. Nickerson and Chyenne N. Nickerson is granted to the Petitioner pending further Order of Court; and d. Such other relief as this Court deems necessary. Respectfully submitted, By: Date: October 1, 200 I ~", - ,<, ""'f'j'':t:-,';~.~ .. ';'''''''''-~'_~:'c'j',__'''''''''''--'''', t~__, ",'d. ',"-~-I- '~"-";"T' ',.'. ," . "<e - "--"S" ~" ',~'".." ,__,?-_ _ .. o~ .. -~ ~- , '" , '~- " ~. ,~'."- .,.... ".' ,~~,'" ~ VERIFICATION The foregoing Petition for Protection from Abuse is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Petition and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pac C.S.A. Section 4904, relating to unsworn falsification to authorities. ~)(Ch nl.tWNNJ . KARLA NICKERSON Date: OCTOBER 1, 2001 , !~'" - .'- ~'''''--;;'>'-'':: }._~/~.-~.':'_~'''''J>ff:::':~,',''';?:'''_~:'".-<:' ',-.' .'n;I.? _'-",';1"-"o-__'~~''''~'-_~'''''''~'' ,,~ .~,,",'c'" ',_'7','"1 ~-,' _ ~ -, _",,~ - -, ,,,,,",'-'i. .c', _o.~"", .., ,n,j,. ,,' .", ", _'~' '''''_.0 'p..!.,,-, ' ~ -, " , --,'" ,~ ~-=-,-, '-"<- "- '--"~_.~, "--.' '- ~-"', 'I~ ~"",-" ~""'" "1I'~~--' -"--I-llr'illill"1iJ:<(:~[^,.tr:li'Mr"'d';",'''''Y*1''''~ . 0 C:. () C f1 Ii ~-:::) . J ~ ~ !.; " " ,-, c ~, ..() ) ., .:--\ '-.) (,--',' ~ Jf '.. -< ~"\ 'd 1!I.....e, H ~"~,__,~, _." ,~=_,~_ ><",y .~'_ .'f'~_Y_1'- -~_ J. _"""_, -"-'l,f--~n,""" '''',''''''-')'~?'''''_"''_'"'_ ~.~~~,\ml~~lt~~~1M~1~b~"., ~~~;l: 10/04/01 THU 15:26 FAX'717 240 6573 CliMB CO PROTHONOTARY III 001 *************~************* *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2831 ERROR 01] 9p2490779 03]9p2405331 PSP CP , , OFFlCE OF TIre PRarnamARY CUMBERLAND caJNrY COUR'IllWSE ONE caJRWWSE: SQUARe CARLISLE. PI'.. 17013-3387 (7171 240-6195 fAX (717) 240-6573 V I ATE LEe 0 PIE R -, '"-. fAX ~: Pl>. STATE POLICE. (!,wl,u' P~I'lU.&5. ~ 717-249-0779 TO: FRCM: CURTIS R. LONG RE: PFA ORDERS MeS-.'>AGE : J () 00. OF PAGES I INCWDING OOVER SIfEET) , , '''t'''''''''',,~~~ 'lhis ""'1'5: '.1"' is iJ.te.:hI cnly :lbl: I:te \.00 of tte irdivJthil lr entit;y In Wlid1 is js .. n. : :~, om ITaj IXIltain inlilm:Itim ttet is I,rivilfgrl, cr:nficIEntiallfil e<EII{t fiXm dilrl""'Jte utler <wH....nl.. 1&1. If tte J:Elrl3r of this ,,: ""9? is rot tl~ intel'Ikl .:a:ipient. }U1 are ~ rotifim \hit Mi c\iSSf,'mir6ticn. dist:dWtim a: l'XP./itg ct this CXJm'I.1'\icatim .if;; strictly p:ch:ibitEd. Ie ~ h:r.e te:ei,-..ej uus o:J11tUUc.rJm in eo;'()[", plaea;: rot:ifY LIS :irme:liatcly ty tBlertu-e a-d relllI:n tie crigireln: ""T to u;; al M . .....__I~ ____. .1 ",-~""'~,.., II ~<, I~_ " "j - ~,....,.""" ~~,,- .0 ...i KARLA A. NICKERSON, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 01-5764 CIVIL TERM VAN C. NICKERSON, Respondent PROTECTION FROM ABUSE PROTECTIVE ORDER AND NOW, this 9th day of October, 2001, upon presentation and consideration of the within Petition, and upon the consent of the parties, the following Order is entered: The Respondent, VAN C. NICKERSON, of Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the Petitioner, KARLA A. NICKERSON and their minor children, or placing Petitioner in fear of abuse and is ordered to stay away from any location where Petitioner may reside or work. The Respondent may pick up and deliver the children during times of his temporary custody at the residence of the Petitioner. The Respondent is enjoined from calling or harassing the Petitioner at her home or at her place of place of employment. The Respondent is prohibited from possessing and/or purchasing a firearm or other weapon. The Respondent does not admit to the truth of any allegations contained in the Petition. ~ , '''':'''':, '~'J"'-7"'.A'-", '" :".','.;"~, ,.i'" ," "",~, '>""",1 "~"''''' ,_ -, ','" . ,nil"_ ,.._ "~~",', ".' .'-. ''"'., ~". <, _~o,' _,""""",, "-'.F' ','" ~ _" ~ .> . This Order will be in effect for a period of one (1) year from this date and will end on October 8, 2002. The Respondent is hereby notified that if he fails to follow this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. The District Justice of Carlisle and the Carlisle Borough Police Department will be provided with a copy of this Order by attorneys for Petitioner. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Respondent shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the Respondent shall be arraigned before the appropriate district justice. (23 Pa.C.S.A. {}6113). BY TH CURT, t~';O~'';;:,~kJJ ~ ~ Jkk~ -(Dei#- F;;;;O~ PsP~C P /0 ~1fJ / ~X> ~,i;:, ~-" -'._~',." ^ ~-~':,-y-,,"-;~~-~t~~:\- :"':":c"'5~'." F__ "',- "";<:'T~'_: __ ~,,,,,_,_,,\ ~ ",.__,_,~".,_) - ',-, ,.= "e- ~ ,_.r, ,- ." "'f~'_',"",__ __,<~""_",~" ,0,". ,') ~f'" Ill," " "H~O<"_ ~~"'''''f,'~,,~<c., -~ - ~ - <" ~-~~~,--. .-, ,., ,..". .". -""';i,-,r,;,.),,,~;r ,~,"'-, ,.,~' '''-''''''''''''''''''''''''-''''-''-"'"'~'~nl!irtjj'~"''Ii)lfl-~'1fa''~'''''-!C"'t mr '-FiiriW; ~:) --:.1 "..j "-;) .::J :_) .:_1 en .::.,:~ ~, IUIR ~"""!_T~_, ":<"">",1- ,)I;",._,~,~~{!t,!l1~~-gllftl~~~_kf'~L~,.?._,~~_,,~,jii 10/09/01 TUE 15:03 FAX 717 240 6573 CillIB CO PROTHONOTARY I4i 001 *************************** u* MULTI TN REPORT *** *************************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2837 01I9p2490779 03I9p2405331 PSP CP ERROR , , OFFtce Of' 1l:iE PRarH()IK)TARY CUMBERLAND COUNTY COURTHaJSE ONE CaJRTHOOSE SQUARE CARLtSLE, ?A. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE L E CO? I E R TO: PA. STATE POLICE . retJ"~'" P,f,e US. .. "'.1'.1.. S. : FAX ": 717-249-0779 F'RQ.1 : CURTIS R. LONG RE: PFA ORDERS M€SSAGE : 'i 00. OF PAGES (INCWDING CDVER SHEET) 'Ihi.$ ~ is inl;/Olli..l cnly tbc tte 1OO of tIE irrlividal. cr EIlI:ity In W:rld1 is is ...n. i. arl n'fI';{ antain inlDlImtim, \hat is p:::ivi.ls;Jaj, o:nf:idE:ntial 5rl ~ fmn ";",,:,,10:;1 we I.IIk- ,<<,1 ;"*'1.. la4_ rf 1;113 mrler of \tlis II i'1.iJ': is rQl: 1:113 inlB~ mcipifnt, )0.1 are teniJi rutif:iB'I ttat <.nj dis;fmin3t.ia1, distritut:iJ::n (][" o:pj'irg of this m1l1l.rucat)m is strictly J;IdUb1tEd. If ~ tave J:Wei..al It\lS OO1llUlic.r.Jcn in =, pl.a:ee n:tiJ;y lB imra:iiotely qo lBlfPl.:re at:! mtur.n l;Ie crigimlll :"7' to u; al - *",-,- irlDEe; via Ite ~!.s. u;s1;al se!l:Vio3. 'Ill;Ii()O.I. -:;~~ ~ ' "'~- -~ ~~~ ~ n SHERIFF'S RETURN - REGULAR CASE NO: 2001-05764 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NICKERSON KARLA A VS NICKERSON VAN C SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon NICKERSON VAN C the DEFENDANT , at 1715:00 HOURS, on the 4th day of October ,2001 at 1400 NEWVILLE RD CARLISLE, PA 17013 by handing to VAN NICKERSON a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.25 .00 10.00 .00 31.25 So Answers: :~~"''''''~#-'u R. Thomas Kline "'" JS- day of 10/05/2001 IRWIN MCKNIGHT & HUGHES By: L 7rt-~n Deputy Sheriff ~ Sworn and Subscribed to before me this co~ c2'of A.D. C! {/~ -. ~othonotary . ~ <.'-",>"-<'''''''''''~~'= _I."~ IIlIT ,. ': ~lP'"m "~~,