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HomeMy WebLinkAbout94-03752 ~ J .~ ~ < f \.. ~ J <0 lc) f:' ('() I 7j (J/ ., ~ ,J.'ql........... l"',wr'- . ~ f'^\,c~ ~o\ ll) v. (ltt ,Hh,l{/l-/.-f C'o .J/. C/,j j 7S.JJ')Hll.t IN TilE COUR'l' OF COMMON PLE/\S ,j {,,""- DAUPHIN COUNTY, PENNSYLV/\NI/\ No. 981 S 1994 CIVIL /\CTION - LAW DENISE NESBIT / Petitioner SCO'l'T A. CAHILL, Respondent PROTECTION FROM ABUSE NOTIOB TO PBTITIONBR OR WITNBSS, IMMEDIATELY CALL THe POLIoe (911) IF THE RESPONDENT VIOLATes THIS PROTECTIVE ORDER. PROTECTIVE ORDER AND NOW, this '1%day of clf.;u] , 1994, without any admission or acknowledgement of the allegations of the Verified statement of Facts in support of the Petition for Emergency Relief from Abuse, and without any findings by the Court, but upon agreement of the parties, the following Order is enteredl 1. Respondent is prohibited from approaching, abusing, harassing, or threatening Petitioner, or placing her in fear of abuBO, oither physically or verbally, wherevor she may be. 2. Rospondent is prohibited from entering, attompting to enter, or remaining in the premises at 1309 North Mt. Road, Linglestown, Dauphin county, Pennsylvania, possession and control of said premises being hereby declared to be exclusively in Petitioner. Should Respondent enter, attempt to enter, or remain in the premises in violation of this order, tho Sheriff or local . law enforcement agency shall forthwith eject him from the premises and place him under arrest for indirect criminal contempt. should potitioner choose to establish another residenco in tho commonwealth, Respondent shall also bo excludod from that residonco. 3. Respondent is prohibitod from having any contact with Petitioner, inclUding entoring or telephoning Petitionor's home, school or place of employment. hny contacts believed by Respondent to be necessary shall be made eithor through legal counselor by non-threatening mail addressed to Petitionor's home address. 4. Rospondent is prohibited from stalking Petitioner as that term is defined in the crimes Code, 18 Pa, C.S. ~2709. 5. Respondent is directed to allow Petitioner to 5) . N-/c. peacefully retrieve her 9:1.i!t"" sewing mllchine and personal papers with the aid of a polico officer having appropriato jurisdiction, said police assistance being deemed necessary and appropriate by tho Court in order to prevent the possibility of further abusive conduct and otherwise to enforce the intent of this Protective Order. Respondent is horeby notified that, pursuant to 23 PII. C.S. ~6113(g), should he begin living with Petitioner contrary to the provisions of this Order, he may bo in indirect criminal contempt punishable as sot forth bolow. The consent of Petitioner for Respondent to visit or live with her shall not invalidate this Order or otherwise make it unenforceable. Respondant shall soak modification or tormination of this Ordor before commencing or resuming any cohabitation with patitioner. 'l'his Ordor shall be enforced by any law enforcemant agency in any county where a violation has occurred. I\n arrost for violation of this Order may be without warrant upon probable caUse whether or not the violation is committed in the presonce of a police officer. 23 Pa. C.S. i6ll3(a). Prosecution for indirect criminal contempt shall not preclude prosecution for underlying criminal charges. should the Court find that Respondent has violated one or more provisions of this order, he will be adjudged guilty of indirect criminal contempt and may be sentenced to pay a fine of up to one thousand dollars ($1000.00) or serve a jail sentence of up to SiK (6) monthB, or both, and may include other reliof. THIS ORDER SltALL REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD or ONE (1) YEAR FROM THE DATE OF ITS ENTRY. BY THE COURTI J. ~~~Ifl~~;~ON Reellondent Dauphin county control File t.j..1 \'j) ".-'-'.'."-"'~'._'_'''-'''.-'. .....~.._-.. -_..-~ . ~ j '-j "~ J- ". "', " qi- I,,'! 'I.. -\ ill1.1 i . 6 .. ; ',1 I ' f' d.:_ i.L_, e'! II I~KJ~L _ , i'I\l\lWIIVII'Y - i, ,J' :;. ,q: "- f..( ",,_. ..~ L,.l a; ~ Xl J ~ ~ 1.1 I :.. ".,' ;;;t ,,~...... -'!