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It :~ <.> ~ ~ ~ >< 0 ....<.> ..., ..., .... , , . . Lllll' Olli"es APR :':: 1994 tlh . IUWIN, IRWIN & ~(c.lLNIOIIT ., "~,{~7'O:-r",,~j~t~ JOYCE IRENE ERICKSON, Petitioner : IN THE COURT OF COMMON PLEAS OF . . :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW I ql/ - /7'l3 C,.".' NO. CIVIL 1994 v. hr/Y'l JAMES WILFRED ERICKSON, Jr. Respondent . . PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW, this J>' day of April, 1994, upon presentation and consideration of the within Petition, and upon finding that JOYCE IRENE ERICKSON, now residing in Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the respondent, JAMES Wll..FRED ERICKSON, Jr., the following Temporary Order is entered. The respondent, JAMES WILFRED ERICKSON, Jr., whose current address is 271 Barnstable Road, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the petitioner, JOYCE IRENE ERICKSON, and their minor children or placing them in fear of abuse ed is erdered to I'ta~' a"'~' tiom any leeatiell where they may Rl'ido 'l'h<:> respondent is herch) ...:Gled Hem 271 B1IllI91a(,le Read, Carlisle, ClImbllt:laRd Cetlll~, ...fAnncylvAniA. lAd ~v~ll1czivp pnczcAc';OR of said proplRy is hlrlb~' g~At9d t9 tht pltition~1=r The petitioner is hereby awarded primary physical custody of the parties' minor children, Donna R. Erickson, born October 1, 1986 and Daniell, Erickson, born August II, 1988. 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. ':L.:':"~h" .......---._~-~ . ','" , I , r This Order shall remain in effect until a final order is entered in this case, A hearing shall beheldonthismatteronthe 1St/.. dayofApril,l994,at /;30;, m, in Courtroom No. 'f . Cumberland County Courthouse, Carlisle, Pennsylvania, The Cumberland County Sherift's Office shall attempt to make service at the petitioner's request, but service may be accomplished under any applicable rule of Civil Procedure, The Pennsylvania State Police, Carlisle Substation, Warden of the Cumberland County Prison, Sheriff of Cumberland County, the District Justice of Carlisle, and the Carlisle 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 THE COURT, -1)1- /J ;L I / ], '. .c JOYCE IRENE ERICKSON. Petitioner : IN THE COURT OF COMMON PLEAS OF . . :CUMBERLAND COUNTY, PENNSYLVANIA . . v. CIVIL ACTION - LAW ClI/- /1'U NO. CIVIL 1994 . . . . JAMES WILFRED ERICKSON, Jr. 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 TffiS 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, Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 JOYCE IRENE ERICKSON, Petitioner : IN THE COURT OF COMMON PLEAS OF v. . . :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW 9'1-17'1.3 NO. CIVIL 1994 JAMES WILFRED ERICKSON, Jr. Respondent PROTECTION FROM ABUSE PETITION FOR PROTECTIVE ORDE/( AND NOW comes the Petitioner, JOYCE IRENE ERICKSON, by and through her attorneys, Irwin, Irwin & McKnight, 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 Joyce Irene Erickson, an adult individual presently residing at 271 Barnstable Road, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent is James Wilfred Erickson, Jr., an adult individual residing at 271 Barnstable Road, Carlisle, Cumberland County, Pennsylvania. 3, The parties were married on September 24, 1982, and are the natural parents ofDoMS R. Erickson, born October 1. 1986. and Daniel], Erickson, born August 11, 1988, 4, Since the birth of the parties' oldest child, the petitioner has provided most of the care and nurturing to the children, 5, Since the birth of the parties' second child, the petitioner has stayed home with the two children, while the respondent has worked at Fry Communications, 6, The respondent often stays out until very late in the evenings, rarely spends time with the minor children, and communicates very little with the petitioner as to his whereabouts and business deals. 7, For the past six (6) months, the respondent has been threatening to leave the marital residence, and has stated the same in front of the minor children, 8, The respondent has also requested on numerous occasions that the petitioner and the youngest child leave and allow the respondent and older child to live in the marital residence alone, ",. '-;0;. ,....,_.~,,~~. -. ~ , .( (~I I ! ., 9, On or about Saturday, April 2, 1994, the respondent went to work early in the afternoon, and the petitioner went to visit her cousin who also lives in Carlisle; the children were left with the petitioner's parents, I I \ 10, The petitioner left a note for the respondent, explaining to the respondent that she would be staying the night at her cousin's home, and would be home in the morning, 11. The following morning, the respondent called over to the petitioner's cousin's home and spoke to the petitioner. Once the petitioner arrived home later that morning, the respondent became very violent and angry, pushing the petitioner, grabbing her and yelling at her, leaving bruises on her arms and other areas of her body, 12. The respondent's increased communication about his desires for the petitioner and their youngest minor son to leave the marital residence, as well as has recent physical, violent attack on the petitioner, has placed the petitioner in fear of serious bodily injury both for herself and her minor children. 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 evicted from 271 Barnstable Road, Carlisle, Cumberland County, Pennsylvania or from any residence where the Petitioner and the minor children may reside; c, Petitioner shall be granted primary physical custody of the parties' minor children; d, Such other relief as this Court deems necessary, Respectfully submitted, IRWIN, IRWIN & McKNIGHT By: Rebecca R. Hughes West PomtTet Professional 60 West PomtTet Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No, 67212 Attorney for Petitioner Date: April 8, 1994 ~~.>ra~ VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel and myself in the preparation of this action, The language of the Petition may in part be the language of my counsel and not my own, I have read the statements made in this Petition and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this verification, I understand that false statements herein made are subject to the penalties of 18 Pa.C,S.A. Section 4904, relating to unsworn falsification to authorities. sA iOYCE~'imNE ~cKfo"71 Date: April 8th. 1994 r......._..,.;. !fII.1t(MIr~.,M : , SllERIfF'S RETURN CCM-lONWEAL'I1i OF PENNSYLVANIA: COUNl'Y OF CLMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-1793 Civil Term Temporary Protective Order Protection From Abuse Petition From Protective Order Joyce Irene Erickson VS James Wilfred Erickson Jr. William Diehl , S&~f or Deputy Sheriff of ClInberland County, Pennsylvania, who being duly swom according to law, says, Temporary Protective Order Protection that he served the within From Abuse Petition From Protective Order upon James Wilfred Erickson Jr. o'clock 6:37 , the defendant, at P .M. ~ / EDST. on the 8th day of April , 1994 at Drive, Mechanicsbu~gCunber1and County, Fry Communications Pleasant View Pennsylvania, by handing to James Wilfred Erickson Jr. l~IIIPULdLY PLuLt:a.;L~yc O:tde. F,(otee:tion rrom a true and attested copy of the Abuse Petition From Protective Order 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 14.00 5.60 So answe.:s,:, # -.P; .,-,. ~ 1 i<.....j:;~.:.~~~.y .:..() ~. . / 2.00 $ 21.60 pd. atty 4-11-94 by R. Thomas Kline, Sheriff bY~Jl~ JJ Depu y Sheriff Swom and subscribed to before me this )'1 ~ day of () /1..:1 I 19 1'1 A.D. ct)" Q th. lr..... Prothonotary ~~r - I , JOYCE IRENE ERICKSON, Petitioner : IN THE COURT OF COMMON PLEAS OF v. :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-1793 CIVIL TERM JAMES WILFRED ERICKSON, Jr. Respondent . . PROTECTION FROM ABUSE ORDER - AND NOW, this I:> day of April, 1994, it is hereby Ordered that the attached Agreement is made an Order of Court, A new hearing is on the matter is set for .:::;?1a.y /lbl . 1994 at 9:0ZI"m, in Courtroom No, 4 in the Cumberland County Courthouse. BY THE COURT, ,/ilL ], APR 18 8 07 AH '9~ "fleE f!~ .~-,'HON~l^~Y f;CHt.r ~ j !.lID ct:'J,~rY rjf:i."c~ ('_'i!.~jA Nl"",,'~'~~"1:"tt-"I~~" JOYCE IRENE ERICKSON, Petitioner : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUN1Y, PENNSYLVANIA v. CIVIL AcrION . LAW 94-1793 CIVIL TERM JAMES WILFRED ERICKSON, Jr. Respondent . . PROTEcrION FROM ABUSE AGREEMENT THIS AGREEMENT entered into the day and year hereinafter set forth, by and between JOYCE IRENE ERICKSON, (hereinafter referred to as "Petitioner") and JAMES WILFRED ERICKSON, Jr. (hereinafter referred to as "Respondent") is as follows: WHEREAS, a temporary Order was entered on AprilS, 1994; WHEREAS, on April S, 1994, the Petitioner had petitioned for a protective order under the Protection from Abuse Act, Pa.C,S.A. ~6101 et seq.; WHEREAS, the Petitioner agrees to continue the hearing scheduled for April 15, 1994 for an additional thirty (30) day period, and replace the Temporary Order with the following agreement. NOW. THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. That respondent agrees to refrain from abusing, threatening with violence, or harassing the petitioner at her residence or in public; and , , 2. That p.tltloner aDd R..pondont.haIl have &bared cu'lody or tho partIe" two minor ohl1dren, Donna R. Erickton, born October 1, 1986 and Daniell. SrickaOD, born Augutt II, 1988. Neither party thall chango tbe re.ldency or tho chUdron, 1.0" move tho c;h1ldren, from the marltal roaldence dutlna the pendency ofthl. aareement, 3, That tho hearinS on the petition .chedulod for April 15, 1994, .hall be continued fOr an additional thirty (30) day period; and ~, 1'bat Petitioner -Steea to withdraw her Temporary potition for Protection trom Abu.. and replace the potltlon with thl. .greement. 6, It I, understood by the partl.. that notwlthsWldlni thle agreement, the respondent neIther admit. nor d.nles the aUegatlol1S contained In the petition, 7, That PetitIoner and Respondellt ,hall attend two ....Ions ormarrlase counseUnS at a counselor mutually agreed upon by the parties. The COItI of .ald counaelins Iha1I be paid for by the R..pondent. jlmie j [(J~'L/ .._ WITNESS r ~/;S/f~ DATB ~~~~&1. . ECCAR. HUG S Q 1. L ERlCKS ~'S ,Y ~~/? ~ DATE IF 7~ ,. ON TIJRO, ESQUIJU1 for JAMES W. ERICKSON , .. t . I'" I f .. ~ @ Ic;'..!." t';. ...., :tmlI '.i.:' Ilo I G 12 311 PH '9~ I Ft'J[ ~f ]~~"hY f'V . ....\ C,: '1 ry : i.":I~' r '. ~ h'.~ '''- ...- JOYCE IRENE ERICKSON, Petitioner : IN THE COURT OF COMMON PLEAS OF v. . . :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-1793 CIVIL TERM JAMES WILFRED ERICKSON, Jr. Respondent PROTECTION FROM ABUSE S-TIPUI..A TION AND AGREEMENT THIS AGREEMENT entered into the day and year hereinafter set forth, by and between JOYCE IRENE ERICKSON, (hereinafter referred to as "Petitioner") and JAMES WILFRED ERICKSON, Jr. (hereinafter referred to as "Respondent") is as follows: WHEREAS, on April 8, 1994, the Petitioner had petitioned for a protective order under the Protection from Abuse Act, Pa,C.S.A. ~6101 et seq.; WHEREAS, a temporary Order was entered on April 8, 1994; WHEREAS, the Petitioner agreed to continue the hearing scheduled for April 15, 1994 for an additional thirty (30) day period, and replace the Temporary Order with an agreement and subsequent hearing on May 16, 1994, WHEREAS, the Petitioner and Respondent have entered into a formal Marriage Settlement Agreement, and the Respondent has vacated the marital residence known as 271 Barnstable Road, Carlisle, Cumberland County, Pennsylvania. NOW, THBRBFORB, In coaald....t1on ortho mutual covenant., prom!IO' and agreement. u here1Dafter let forth, tbe partle. 'aree u (oUow.: 1. PunulDt to the Marrlaae Settlement Agreement ent.red Into betWeen tho pard.. on May 12, 1994, tho Petitioner asreot to withdraw her Petition Cor Protection From Abueo orlg{nally mod With tho Court oC Conunon Pleu on April 8, 1994, 2, Al.o purlUMt to the Manlaaa Settlement Ageement entered into between tho partIe. on May 12, 199<4, the ltc.pondent hu removed himself from the marital residence and both partl.. aaree not to molest, harUI, annoy, Injure. threaten or Interfere with the other party In any tnIIlI1tr whauoevllt u .t.ted in Paraarapb Three ot the fWIy executed MarrI.ge Settlement Aareelllent. W1TNBSS2TH: ..-......-.-..---..- ... - --~~... trM---..-' ,- - RON TURD, B'f"'" IDr JAMES W. ERICKSON, Jr. ~~~ ~A REBECCA R. Hfio , B'f"I" 10f' JOYCE L E KSON , j r::;:-., ;11\51 'j ~ ......... f' i , . \ :,1 ~ 1 1