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Home My WebLink About94-01119 Mary M. Nicoll, plaintiff IN THE COURT OP COHHON PLEAS OP va. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. I / /1 CIVIL 1994 chria~oph.r J. Nicoll, D.f.n4.n~ PROTECTION PROM ABUSE AND CUSTODY TEHPO~Y PROTECTIVE ORDER AND NOW, this ~ day of March, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Mary M. Nicoll, now residing at 459 N. pitt street, CarliSle, Cumberland county, Pennsylvania, are in immediate and present danger of abuse from the defendant, Christopher J. Nicoll, the following Temporary Order is entered. The defendant, Christopher J. NicOll, now residing at the rear of 101 McClure's Gap Road, carlisle, cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, March M. Nicoll, or placing her in fear of abuse and is ordered to stay away from the residence located at 459 N. Pitt street, carlisle, Cumberland county, Pennsylvania, a residence which is owned solely by the plaintiff. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to 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. Resumption of co-residence on the part of the plaintiff and the defendant shall not nullify the provisions of the court order directing the defendant to refrain from abusing the plaintiff. Temporary custody of Christopher J. NicOll, Jr. is hereby ._"~......;.~ ~,~\\ U '3 sa ~~ I~I\ N ,f: J,~ . :.f1~ \;:' -,~ ,..':' r. ~. 'v" ",ii " .,. -.,. awarded to the plaintiff, Mary M. Nicoll. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, restraining the defendant from entering the plaintiff's place of employment, from stalking the plaintiff, or from harassing the plaintiff or her relatives. The defendant is ordered to refrain from destroying or damaging any property owned by the plaintiff or any property owned jointly by the parties. This Order shall remain in effect until a final order is entered in I'rl~ the ~ this case. A hearing shall be held on this matter on i:oo A .m. in day of March, 1994, at Courtroom No. ~ , Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma DauDeris pending a further order after the hearing. The Cumberland County Sheriff's office shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of civil Procedure. The Carlisle and North Middleton Township Police Departments will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency when a violation occurs by arrest for indirect criminal contempt. The arrest may be 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. section 6113). By the Court, --4it{J .I J. Mary M. Nicoll, Plaintiff IN THB COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW vs. CIVIL 19 94 NO. Christopher J. Nicoll, Defen4ant PROTBCTION FROM ABUSB AND CUSTODY NOTICB 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 you, 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 plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKB THIS PAPBR TO YOUR LAWYBR AT ONCB. IF YOU DO NOT HAVB A LAWYBR OR CANNOT AFFORD ONB, GO TO OR TBLBPHONB THB OFFICB SBT FORTH BBLOW TO FIND OUT WHERB YOU CAN GBT LBGAL HBLP. COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COUNTY COURTHOUSB CARLISLB, PBNNSYLVANIA 17013 TBLBPHONB NUMBBR: (717) 240-6200 (, -,........,.,,,,-. lUl1.~~.,-.t. Mary M. Nicoll, plaintiff IN THE COURT OP COMMON PLEAS OP CUKBERLAHD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VII. NO. CIVIL 1994 Chrilltopher J. Nicoll, Defendant PROTECTION PROM ABUSE AND CUSTODY PETITION POR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT. 23 Pa. C.S.A. Section 6101 et. sea. A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 459 N. pitt Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is an adult individual residing at the rear of 101 McClure's Gap Road, Carlisle, Pennsylvania. 3. The defendant is the plaintiff'S husband. 4. Since approximately 1991, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff and by physical menace has placed the plaintiff fear of imminent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a. On or about February 26, 1994, the defendant threatened to "smash in" the plaintiff'S head causing her to fear for her safety. b. On or about February 24, 1994, when the plaintiff was holding her sixteen-month-old child in her arms, the defendant cornered her in the bathroom, grabbed her by the upper arm causing bruises, and pushed her. The plaintiff went into the kitchen to call the police. The defendant grabbed the telephone and threw it smashing it into several pieces. The plaintiff ran to a neighbor's home and called the Carlisle Police. c. In or about August 1993, the defendant pushed the plaintiff onto a floor. When the plaintiff got up off of the floor, the defendant pushed her out a door causing her to fall and cut both her knees and elbows. d. On or about July 4, 1993, as the plaintiff was walking down a road, the defendant came up behind her and pushed her causing her to fall down and cut and bruise her knees. As the plaintiff was lying on the road, the defendant straddled her body and choked her. A friend, who feared that the defendant would kill the plaintiff, intervened telling the defendant to stop. 5. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant should she remain in the home without defendant's exclusion and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be ordered to refrain from having any contact with her including, but not limited to, entering her place of employment, from stalking the plaintiff, and from harassing the plaintiff, or her relatives. 7. The plaintiff desires that the defendant be ordered to refrain from destroying or damaging any property owned by the plaintiff or any property owned jointly by the parties. B. TEMPORARY CUSTODY 8. The plaintiff seeks temporary custody of the following child: ~ Present Residence Asm Christopher J. Nicoll, Jr. 459 N. Pitt st. Carlisle, PA 1 yr. old DaB 10/23/92 The child was not born out of wedlock. The child is presently in the custody of the plaintiff who resides at 459 N. pitt street, Carlisle, Pennsylvania. During the child's lifetime, the child has resided with the following persons and at the following addresses: ~ Addresses Dates Plaintiff and 459 N. pitt st. 10/23/92 to defendant carlisle, PA 2/26/94 Plaintiff 459 N. pitt st. 2/26/94 to Carlisle, PA present The mother of the child is the plaintiff, Mary M. Nicoll, currently residing at 459 N. pitt street, Carlisle, Pennsylvania. The plaintiff currently resides with the following persons: HAIlm Christopher J. Nicoll, Jr. She is married. Relationship Son The father of the child is the defendant, Christopher J. Nicoll, currently resides at the rear of 101 McClure's Gap Road, Carlisle, Pennsylvania. He is married. 9. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 10. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. r .' , "'''Y,,_jj;;;';;;;, 11. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. The best interests and permanent welfare of the child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including the following: a. The plaintiff is a fit parent who can best take care of her child. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the child. C. BXCLUSIVB POSSBSSION 13. The home which the plaintiff is asking the Court to exclude the defendant from is owned in the name of the plaintiff. 14. The plaintiff currently has no place to stay with her child except the marital home, and the defendant voluntarily moved out February 26, 1994. 15. The defendant has established his own residence. D. ATTORNBY PBBS 16. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees pursuant to the Protection from Abuse Act. B. STATUS TO PROCBBD IN FORMA PAUPBRIS 17. The defendant is employed at General Mills and has gross yearly salary of approximately $30,000.00 and is also self- employed and earns approximately $20,000.00 per year. 18. The plaintiff is employed at DAFCU and has an gross yearly salary of approximately $16,000.00 plus $7,200.00 per year in support. 19. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S.A. section 6101 et ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act": 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff including, but not limited to, restraining the defendant from entering the plaintiff's place of employment, from stalking the plaintiff, and from harassing the plaintiff or her relatives. 3. Granting temporary custody of the minor child to the plaintiff. 4. ordering the defendant to stay away from the residence located at 459 North pitt street, Carlisle, Pennsylvania pending a final order in this matter. 5. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 6. Ordering the defendant to refrain from destroying or damaging any property owned by the plaintiff or any property owned jointly by the parties. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff including, but not limited to, restraining the defendant from entering the plaintiff's place of employment, from stalking the plaintiff, and from harassing the plaintiff, or her relatives. 3. Ordering the defendant to stay away from the residence located at 459 N. pitt Street, Carlisle, Pennsylvania. 4. ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 5. Ordering the defendant to refrain from destroying or damaging any property owned by the plaint~ff or any property owned jointly by the parties. 6. Ordering the defendant to pay reasonable attorney fees. The'plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that a copy of this Petition and Order be delivered to the Carlisle and North Middleton Police Departments as the Police Departments with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 20. The allegations of Count I above are incorporated herein as if fully set forth. 21. The best interests and permanent welfare of the child will be served by awarding custody to the plaintiff as set forth in Paragraph 12 of the Petition. WHEREFORE, pursuant to 23 P.S. 55 5301-5366, and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, oan Carey Attorney for PI intiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 , The nbove-named plnintlff, Mnry M, Nicoll, veri fles that the statements made In the above Petl tiOIl are true and correct, The plaintiff understands that false statements herein are mnde subject to the penal ties of 18 Pa. C. S, Section 4904 relating to unsworn falsificatioflto authoritiee. \ Date: ?;- 7 -qLj Mary M, o ';:) \...) ,.,.., ~ ~ ~ SHERIFF'S RETURN CCM1ONWEAL'IH OF PENNSYLVANIA. COUNI'Y OF CLMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 1119 Civil Term 1994 Temporary Protective Order Protection From Abuse and Custody, Notice and Petition Mary M. Nicoll VS Christopher J. Nicoll Robert L. Fink , ~XK~Deputy Sheriff of Cumberland County, Pennsylvania, who being duly swam according to law, says, Temporary Protective Order Protection From that he served the within Abuse and Cus todv , Notice and Pet it ion upon Christopher J. Nicoll , the defendant, at 4.45 o'clock P .M. EST / ~ on the March , 19....!lJ1at day of 08 General Mills, Ritner Hiqhwav, Carlisle , Cumberland County, Pennsylvania, by handing to Christooher Nicoll Temporary Protective Order Protection From a true and attested copy of theAbuse and Custody, Notice and Petition and at the sarre time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs. Docketing Service Affidavit Surcharge So answers. 14.00 2.80 r~,~~.-(> R. Thanas Kline, Sheriff by~?Ct7dL~ Deputy Sheriff 2.00 18.80 Swam and subscribed to before me this I"~ day of 7nlt.:dJ 19 1'1 A.D. g.~1r '- Q. I/uif...... ,.Jf-r'l . Prothonotary , ' u~;;;';i! . _~~c~ '.. , :.~.; ;,'" ,.;rj[' Marv M. Nicoll. IN THE COtRT OF cenDl PlEAS OF ctMBERLAHD COUNTY, PElllSYLVAHIA No. 1119 Civil 1994 Plaintiff vs. Protective Order Chr1stoDher J., Nicoll. . , , , Defendant PRAECIPE TO WITHDRAW ACTION The Dla1nt1ff in the,above-caDt1oned case reouests that the TemDOrarv Protective Order entered on March 8. 1994. be withdrawn. the Order vacated and that no further leAal action be Dursued bv counsel. To Lawrence E. Welker Prothonotary 19...iL- '-tJ.--,J ~<J ~ an Carey, Attorney or Plaintiff f~- I ;. , , , L_ (.~,c''.iit'''~'' .-'~~' '. ....... -:,~1, '. .1:i~- .(( I i~ .", ' !', ..,~.~ . ! i ,'F ,\;.!i~ :',":.111 ,\.L~t,:, q:t3.: .Ii: :(l No. 1119 Marv M. Nicoll Term, 19 94 . Plaintiff '-'.j vs. ChristoDher J. Nicoll Defendant P RAE C I P E \,,, Flled ,1 '" ~ ~ f_..J '. Joan Carell ' , 19 94 , Atty. !". t, L~. .1 " , LEGAL SERVICES;' INC. " :. '.,) .-.,., = ~ ..." ():l , ., i-:_;,.~ t;'i':- ~ '} 'li 1,;-'" = ,,' . ~'( :; - c.D ,&,; , - - ~ " : -~( <.Q -<:. ) \, f" , ,--