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Home My WebLink About94-04753 \ i j I I , ! ", " " " " . -7 " tJ I " ~ I I I , .~ i <::: ' ' , , " " i j' I ,/ ,/ ,/ ~ J I ! , I I i fri i ,:1 r- :' ":t: window, and threw her onto II floor. When the defendllnt let go of the plaintiff, she got up off of the floor Ilnd Illcked up the t.elephone receiver to call for help, but tht) defllndant took it froll her. Because the plaintiff feared for her Bdety, she left the reBldence and stayed at her lIother'B. b. On or about August 14, 1994, the plaintiff feared for her safety when the defendant threat.ened to kill the lllalntl ff If she ever had hili arrested. 6. On or about August 17, 1994, the plainti ff left her residence at 240 W. North Street, Carlisle, Cumberland County, Pennsylvania In order to avoid further abuse. 7. The plaint iff believes and therefore avers that she will be in illlledlate and present danger of abuse frolD the defendant should she return to the hOlle without defendant's exclusion and that she is in need of protection frail such abuse. 8. The plaintiff desires that the defendant be ordered to refrain frail entering her place of emploYllent, froll stalking the plaintiff, and frail harassing the plaintiff or her relatives. 9. The defendant 1& ordered to refrain froll duaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. B. EXCLUSIVE POSSE3Sj.QN 10. The hOlle from which the plaintiff is asking the Court to order the defendant to stay away in the Tellporary Order is not owned or leased in the defendant's name. 11. The hOlle frail which t.he plaintiff is _sking the Court to exclude the defendant in the filllll Order is rented in the nalles of the plaintiff and the defendant as of August 1994. 12. The plaintiff currently has no perllanent place to stay except the lIutual residence, and the defendant has fallily in the Carlisle area with wholl he can sta)', C. LOSSES 13. The plaintiff requests that the defendant reillburse her *40.00 for the repair of the window which was broken on or about August 13, 1994. D. BTA'MJ8 :m.J'IlOCBlID IN POIIMA PAUPERIS 14. To the best of plaintiff's knowledge, the defendant is ellployed as a painter with hie uncle but the plaintiff has no knowledge of his earnings. 15. The plaintiff is ellployed at Party Plus in Callp Hill and has a gross weekly salary of approxillately *275.00. 16. The plaintitf does not have funds svailable to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Prot.ection fro. Abuse Act" of October 7, 1976,23 Pa.C.S.A. Section 6101 et J~., as aaended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a TeBporar)' Order pursuant to the "Protection froe Abuse Act": 1. Requiring the defendant to refrain fro. abusing the plaint! ff or placing her in fear of abuse. 2. Requiring the defendant to refrain frOB entering the plaintiff's place of ellploYBent, frOB stalking the plaintiff, and fro. harassing the plaintiff or her relatives. 3. Ordering the defendant to stay awa)' frail the residence located at 399 Allen Road, Carlisle, Pennsylvania, which the parties have never shared. 4. Ordering the defendant to stay awa)' fro. any residence the plAlntiff .AY in the future estAblish for herBelf. Ii. Ordering the defendant to refrAin fro. da.aging 01' destroying any property owned by the plaintiff 01' any property owned jointly by the parties. B. Schedule a hearing in accordance with the provisions of the "Protection fro. Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Requi ring the defendant to refrain fro. abusing the plaintiff or placing her in fear of abuse, 2. Requiring the defendant to refrAin fro. entering the plaintiff's place of eBploy.ent, fro. stalking the plaintiff, and fro. harassing the plaintiff or her relatives. 3. Granting possession of the apart.ent located at 240 W. North Street, Carlisle, Pennsylvania, to the plaintiff to the exclusion of the defendant. 4. Ordering the delendllnt to stay away fro. any residence the plaintiff Bay in the future establish for herself. Ii. Ordering the defendant to refrain fro. dlUlaging 01' destroying any property owned by the plaintiff 01' any property owned jointly by the parties. 6. Ordering the defendant to reimburse the plaintiff $40.00 for the repair of the window which was broken on 01' about August 13, 1994. 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 Lower Allen Township and The above-nailed II1alntlrf. Melissa M. Nickle, verif les that the IItate.entll lade In the above PeUtllln lire true and correot. The plaintiff Ulldentands that falll) state.enh herein are .ade subJeot to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authoritie.. Date: ~ - 22 - qLI Plaintiff . . M.li... M. Nickl., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YS. Terrence T. Frye, Def.ndant NO. 94 - '1'TS"J CIVIL TERM PROTECTION FROM ABUSE PROTECTIVE OaQEB AND NOW, th is _,'2,b___, day of August, 1994, upon cons i de rat i on of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Terrence T. Frye, is snjoined from physically abusing the plaintiff, Melissa M. Nickle, or from placing her in fear of abuse. 2. The defendant, Terrence T. Frye, is hereby excluded from the premises located at 240 W. North Street, Carlisle, Pennsylvania. 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 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 defendant shall not nullify the provisions of the court order directing the defendant to refrain from abusing the plaintiff. C1 3. The dsfendant will remove his belongings from the rss i dence by f) : (.0 f Y\o-. ,,4,'1. . z..b /I'fii ~ 4. The def€ndant, Terrence T. Frye, is ordered to stay away from any residence the plaintiff may establish for herself in the future. qI; . . 6. The defendant is ordered to refrain from entering the plaintiff's place of employment. 6. The defendant is ordered to refrain from stalking the plaintiff and from harassing the plaintiff or her relatives. 7. The defendant is ordered to refraln from damaging or destroying any property owned by the plaintiff or any property jointly owned by the parties. 8. The defendant is ordered to reimburse the plaintiff $40.00 for the repair of the window which was broken on or about August 13, 1994, within ~ days after the entry of this Order. 9. This Order shall remain in effect for a period of one year. 10. The Lower Allen Township and Carlisle 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 taken before the appropriate district justice. (23 P.S. Section 6113) . / By ~e Edgar B. MeliBsa M. Nickle, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. NO. 94 - CIVIL TERM Terrence T. Frye, Defendant PROTEcnON FROM ABUSE CONSENT AGREEMENI Th is Agreement is entered on th is J L fh day of August, 1994, by the plaintiff, Melissa M. Nickle, and the defendant, Terrence T. Frye. The plaintiff is represented by Joan Carey of Legal Services, Inc.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Terrence T. Frye, agrees to refrain from abusing the plaintiff, Melissa M. Nickle, or from placing her in fear of abuse. 2. The defendant agrees to refrain from entering the plaintiff's place of employment. 3. The defendant agrees not to stalk the plaintiff or from harass the plaintiff, or her relatives. 4. The defendant agrees to stay away from the residence located at 240 W. North Street, Carlisle, Pennsylvania. c3 . ;} 5 . The ~ res i dence by 6. defendant agrees to remove his 1 ,1'1) I' rYJ (2(C1 ,;JC-; /'/1'/ defendant agrees to stay away belongings from the The from any residence the plaintiff may establish for herself in the future. 7. The defendant agrees to refrain from damaging or destroying any property owned by the plaintiff or any property