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HomeMy WebLinkAbout99-05165,,"r r;r. d;; "?L? Z O h .U y 0 .? `` a .? v kl ?z ?, ,% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KARLA A. NICKERSON, Plaintiff No. 99-5165 Civil Term VERSUS VAN C. NICKERSON, Defendant DECREE IN DIVORCE ., 0t-VP a,M AND NOW, a6 , , IT IS ORDERED AND DECREED THAT KARLA A. NICKERSON , PLAINTIFF, AND VAN C. NICKERSON DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY ATTEST: J. PROTHONOTARY 3 ? ? vl `1??- ?,: w KARLA A. NICKERSON, Plaintiff Vs. VAN C. NICKERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 5165 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail, Restricted Delivery on August 28, 1999 3. Complete either Paragraph A or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: By the Plaintiff 2/14/01; By the Defendant 515100. B. (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: none. (2) Date of service of the Plaintiffs affidavit upon the Defendant: none 3. Related claims pending: None 4. Complete either (a) or (b). A. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: none B. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: February 26, 2001; Date Defendant' Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary May 9, 2000. / - ,:? ,: _ ,,. :.:? -? ??? ?? ??? J? ? _ ?.? KARLA A. NICKERSON, Plaintiff VAN C. NICKERSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99- S i t"yCIVIL TERM IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER 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 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. KARLA A. NICKERSON, Plaintiff V. VAN C. NICKERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW i 99- 51G CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE. CODE NOW comes the plaintiff, Karla A. Nickerson, by her attorney, Mark D. Schwartz, Esquire, and files this complaint in divorce against the defendant, Van C. Nickerson, representing as follows: 1. The plaintiff is Karla A. Nickerson, an adult individual residing at 41 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Van C. Nickerson, an adult individual residing at 21 "H" Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on August 9, 1997 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There were two (2) children born to this marriage, namely, Kayla E. Nickerson, born September 18, 1993, age 5 years, and Chyenne N. Nickerson, born January 12, 1996, age 3 years. 7. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. 1 verify that the statements made in this complaint are true and correct. I understand that false statements hereiin made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. ?4" d &&?Za v LA A. NICKERSON Respectfully submitted, IRWI M`cKN T & HUGHES By: C? /M *k D. Schwartz, Esquire Attorney for Plaintiff West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 70216 Date: August ? 1999 KARLA A. NICKERSON, Plaintiff V. VAN C. NICKERSON, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly swom according to law, deposes and says: L I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. KARLA A. NICKERSON, Plaintiff IN THE COURT OF COMMON PLEAS OF August, 1999 6,)/1 ? A??,ZQZ? ?) CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99- ?N CIVIL TERM 'In ? b e a IZ i m P n a O ° u .a ? N {qy 111 yam'` V 9 W.. p? ' i E" gs s W a Ci UO pFpp i C?..711 i `` . A go, N °G O 0 fO' 7 i :.r . KARLA A. NICKERSON, Plaintiff Vs. VAN C. NICKERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 5165 CIVIL TERM IN DIVORCE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that 1 may lose rights concerning alimony, division of property. lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is riled with the Prothonotary. AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 24, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 1 verify that the statements made in this Waiver and Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswont falsification to authorities. DATE: J, 2001 KAR ?? ?? ) JCS t ` J" A A. NICKERSON 'b? KARLA A. NICKERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99- 5165 CIVIL TERM VAN C. NICKERSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on August 24, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Date: 2z/ sf aoc c VAN C. NICKERSON, Defendant 1 consent to the entry of a Final Decree in Divorce without notice. 2 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Date: VAN C. NICKERSON, Defendant CI C: C U u 1j KAKLA A. AICKERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . V. CIVIL ACTION - LAW 99-5165 CIVIL TERM VAN C. NICKERSON, Defendant IN DIVORCE AFFIDAVIT OFSERVICE OF COMPLAINT PURSUANT TO PA. R. C.P. RULE NO 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: NOW, Mark D. Schwartz, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and was attorney for the plaintiff in the captioned action in divorce at the time of service of the Complaint in Divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant on August 28, 1999, by certified, restricted delivery mail, addressed to him at 21 "H" Street, Carlisle, Pennsylvania 17013, with Return Receipt Number Z 013 279 093. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of/18 Pp? S. Section 4904, relating to unswom falsification to authorities 1 MARK D. SCHWARTZ, Date: February 26, 2001 Z 013,279 093 1 N m or z S eD 0 LL N o. US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not usa for Intamntimal Unit /en...-.I Sentto MR VAN C NICKERSON Street A lumber 21 "His ST P061 0111601, State, & ZIP Code CARLISLE PA 17013 Postage g $ r ss Certified Fee X X10 Special Delivery Fee eel Oefvaty F g a ? ? s Return Whom BDaa oelivm to ed % i ! as Ret m Recepl MoIng toWhdn, Dm,BMdessee'e/ddess TOTAL Postage d Fees $ 5 9 5 Postmark or Dab NARK 08-26-99 NICKERSON DIVORCE CONPLAI l , I ° SENDER: on I I also wish to receive the 132 m a Complete items t endror 2 for additional services. • complete Hems 3,'r and 4b. services for an following ( 1 • Print your name and address on the reverse of this form so that we can return this card to yaI, extra fee): 8 m e Anach this torn to the front of the mallplece, or on the back If space does not 1. 11 A dreSsee's Address I peltelt' • wente Wefum Rece/p( Reques(ed'on the mallpieCB balew the snide number, . IN Restricted Delivery i t c . The Return Recelpt Y411 Show to whom the adlde was delivered and the date delivered. Consu t postmaster or fee. _y 0 3. Article Addressed to: 4a. Article Number + c MR VAN C NICKERSON 4b. Service Type E ? " E 9 21 e eHes ST CARLISLE ? Registered ® Certified ¢ e PA 17013 ? Express Mall ? insured !!! ? Return Receipt for Merchandise ? COD - ------ ----------- Is of D live ,2`o --- T S..8 IedaiJWma)•__,?. °- e- 18: Atl tlre e' s Address (Only if requested y ' c ?.?..F.o-rsY••?•4?+,... _h?.•c.: g. c. d P ?an (q¢eidl 1 m or Agenp " 1 ?? ? O , ,1l tl1d'. J > ? " PS Form 3811, December 1994 111259566e-0!2a Domestic Return Receipt - „ .,. . - - J SHERIFF'S RETURN - REGULAR CASE NO: 1999-05165 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NICKERSON KARLA A VS. NICKERSON VAN C HAROLD WEARY , 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 20:40 HOURS, on the 13th day of September 1999 at 21 "H" STREET CARLISLE, PA 17013 ,CUMBERLAND County, Pennsylvania, by handing to VAN C. NICKERSON a true and attested copy of tha PROTECTION FROM ABUSE together with TEMPORARY PROTECTIVE ORDER, NOTICE & PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: So ans Docketing 18.00 Service 3.10 %% Affidavit .00 Surcharge 8.00 omas ine, eri 009/14/1999 by ep y 5 er Sworn and subscribed to before me this /?j t, day of ? 1991 A.D. ro ono ar KARLA A. NICKERSON, Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VAN C. NICKERSON, 99-5165 CIVIL TERM Respondent PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW, this 13?' day of September, 1999, upon presentation and consideration of the within Petition, and upon finding 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 /bin her fear of abuse and is ordered to stay away from any location where she may reside. The tioner is hereby awarded exclusive possession ofher*wei4axee. tom{ I Y"CONt'ti„ v1,tre, QC4,III The Respondent, Van C. Nickerson, whose current address is 21 "H" Street, 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 Petitioner is hereby awarded primary physical custody of the parties' minor children, Kayla E. Nickerson and Chyenne N. Nickerson. 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. 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 ak9} day of September, 1999, at Ip,pp cAm. in Courtroom No. a , Cumberland County Courthouse, Carlisle, Pennsylvania. The Cumberland County Sheriffs Office shall attempt to make service at the Petitioner's request, but service may be accomplished under any applicable rule of Civil Procedure. The District Justice of Carlisle and the North Middleton Township 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). tf ??. KARLA A. NICKERSON, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL, ACTION - LAW VAN C. NICKERSON, 99-5165 CIVIL TERM 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 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. KARLA A. NICKERSON, Petitioner V. CIVIL ACTION- LAW 99-5165 CIVIL TERM VAN C. NICKERSON, Respondent PROTECTION FROM ABUSE PETITION FOR PROTECTIVE ORDER AND NOW comes the Petitioner, KARL.A 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: The Petitioner is KARLA A. NICKERSON, an adult individual presently residing at 41 Marilyn Drive, Carlisle, North Middletown Township, Cumberland County, Pennsylvania 17013. The Respondent is VAN C. NICKERSON, an adult individual residing 21 "H" Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties were marred on August 9, 1997, in Carlisle, Cumberland County, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Pennsylvania. 4. There were two children born to the parties, namely KAYLA E. NICKERSON, born September 18, 1993, age 5 and Cheyenne N. Nickerson, born January 12, 1996, age 3. 5. The Petitioner is renting the property located at 41 Marilyn Drive, Carlisle, Pennsylvania 17013. 6. Since the parties' marriage, the respondent has used physical force to inflict his decisions upon the Petitioner. 7 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. 8. On or about September 10, 1999, the Respondent threatened the Petitioner by stating that "he would beat her head in." He then ran her down with his pickup tnick while the children were in his pickup truck. A copy of her statement is attached hereto and made a part hereof. The Petitioner sustained a leg injury which required medical treatment. 9. The Petitioner is in fear for her welfare and the welfare of the children. 10. 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, IRWIN, McKNIGHT & HUGHES By: " I A0177 - Mark D. Schwartz. Fsnuirr up ne C ,O D# 716 By: sup a Ct. ID# 25 6 Attorneys for Petitioner, Karla A. Nickerson West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 Date: September 13, 1999 717-249-2353 STATEMENP NAME e_ ( :Z( i; 1• I1c HOME ADDRESS:?_ ?Er) Iul? ,'r_ PHONE NUMBER: IL) DATE/TIME OF INCIDEN DOB: _1n SSN: /9y- •J PA C.S.A. SECT 4904) RTIELNG,TO1UNSWORN4FALOF THE SIFICATION TO CRIMES AUTHORITIES. SIGNATURE ? ? , ? PAGE OF G /) Dk-, Continuation of statement: .l VERIFICATION The foregoing Petition for Protection from Abuse is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswor falsification to authorities. kRLA A. NICKERSON Date: September 13, 1999 2 ?I _v D O N p N O N y w •T. ^r M O [F? FF • W r N {{ w <_ N m ? [y?1 O g O ~ F U m r L 0 N N 1y` oRP v r+F 'L x A wH"?1 P. S i Gx .a O 6 ? w „ F4 Pa D D G r _, 0 '.. LAW OFFICFS ,d ? u w y i KARLA A. NICKERSON, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-5165 CIVIL TERM VAN C. NICKERSON, Respondent PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 2r day of September, 1999 upon presents ion and consideratign of the within Stipulation and Agreement, the following Order is entered. The defendant, VAN C. NICKERSON, whose current address is 21 "H" Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, KARLA A. NICKERSON, or placing her in fear of abuse and is ordered to stay away from any location where she may reside for a period of one (1) year from the date of this Order of Court. The defendant 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 petitioner, Karla A. Nickerson, is granted exclusive possession of her apartment located at 41 Marilyn Drive, Carlisle, Pennsylvania 17013. The petitioner, Karla A. Nickerson, is granted temporary primary physical custody of the minor children, Kayla E. Nickerson, age 6, date of birth, September 18, 1993, and Chyenne N. Nickerson, age 3, date of birth, January 12, 1996, until further Order of Court. The respondent, Van C. Nickerson, is ordered to pay the costs of this PFA action as well as the sum of Two Hundred Fifty and no/100 ($250.00) Dollars being the legal fees of the petitioner, Karla A. Nickerson. The Pennsylvania State Police, the District Justice of Carlisle, and the North Middleton Township Police Department will be provided with a copy of this Order by attorneys for plaintiff. 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 defendant shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the defendant shall be arraigned before the appropriate district justice. (23 Pa.C.S.A. §6113). l BY THE COURT, Edgar B. Bay Y, Judge l \/ FIFD-CMCE OF .;;ni1=v OTARY 99 SFP 7. I P.1 4 25 CUiV{{ Lt INSYOifu IA ^A b 9 C v A n V KARLA A. NICKERSON, Petitioner V. VAN C. NICKERSON, Respondent : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5165 CIVIL TERM PROTECTION FROM ABUSE STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT is made September . 1999, by and between Karla A. Nickerson of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Petitioner," and Van C. Nickerson of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Respondent." WHEREAS, both parties to this stipulation agree to the Court Order and neither party admits or denies any allegation in the petition; WHEREAS the respondent has agreed to enter into this stipulation willingly, understanding its force and effect. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: Respondent agrees to refrain from abusing, threatening with violence, harassing or visiting the petitioner at any place or any time; and 2. Respondent agrees to be excluded from any residence where the Petitioner may reside; It is understood by the parties that notwithstanding this agreement, the respondent neither admits nor denies the allegations contained in the petition. 4. The respondent agrees to pay for the costs of the PFA action and reasonable legal fees to the petitioner in the amount of Two Hundred Fifty and no/100 ($250.00) Dollars. 5. Pending further Order of Court, the petitioner will have primary custody of Kayla E. Nickerson, age 6, date of birth, September 18, 1993, and Chyenne N. Nickerson, age 3, date of WITNESS o2/ /47 (1/t?C(t PI DATE RLA A. NICKERSON DATE VAN C. NICKERSON birth, January 12, 1996.