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HomeMy WebLinkAbout94-06122 , , , , , , " "'I ", , " " , , Iii ! , ~1 r~fh,':;", 'lt~'i; ,il ':~'MJlil, ';)i'(d'!<,\r\ l~?J~i;'t; I \'/l:Jlrl I " , 'j'/-'" .. r!)/i' , ::;h,I;'J!; l_:l\-,!I',I ;;!;'}~::\;/;,';, j" :)1, ;.'jl,'( ,. 'i\-' " i . ',I, , I" ii, , , , 'Ii , ,I' , ,. ,I, , " \, " " , \ " " , , , , :., ,,;1(" ,eft'l ,',-.') ~;J'~;;;'~:':_/'":' .';',l,!"'II'-'; III\!;,\". ! :,'<1-,'-' ;, .,t .';;1 ~I,;,I 1,111' l: "'" """ " ,_'.1.'/;",':' I \~~.:f 1 I;"\."~::",, ":'1"',' ,{:':', f',"1 _i/',-I .~;I' 1'..,- -: ,',' "',i;r ,., ." I): 1,1 .',il. I, ' ," ,:1 " '. " '.1'1 , " " '.:',1 ,'..1 , I: Ii " ,", I' "'Id:, " ' " II' ... . " ,,' '. 'I , " " ',:1 " , , ':1 " II',H' I,,' , '1)'1 I. "j " , ',I " , 1 J 'I,' " ," \i. ," (, I 'jl" " ii' Ii " " \ ,. " .. ;, ') , , , , , , " " , , , , , , : , , , , , " .' I l, '( ,.. ," ,'. .;t ',t' " \1 ,/ I' a<<lNIQUE E. MOORAW-NASH. Plaint iff IN 11IE COURT OF CONlN PLEAS OF CINlERLAND <XXJI!II'Y, PENNSYLVANIA v. FRED W. NASH, NO. 94- ~ I~:l CIVIL TllRM PROl'ECTION FROM ABUSE Defendant TIlNPCIlARY PkOI~"'laf ORDI!R AND NOW. this ",<..'j t/, day of October, 1994, upon presentation and cOllsiderat ion of the within Pet it ion, and upon finding that the plaint iff. Monique E. McGraw-Nash, tesporarily residing at 210 Fern Avenue, carlisle, CUllberland County, Pennsylvania, is in i_diate and prellent danger of abuse froe the defendant, Fred W. Nash, the following Temporary Order is entered. The defendant, Fred W. Nash, now residing at 50 Walnut Street, Carlisle, CUllberland County, Pennsylvania, is hereby enjoined froa physically abusing the plaintiff, Monique E. McGraw-Nash or placing her in fear of abuse. . The defendant is excluded from the marital residence located at 50 walnut Street, Carlisle, CUmberland County, Pennsylvania, a residence which is jointly leased by the parties, from which the plaintiff and her minor children BOved to avoid abuse. The defendant Is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written cOMWllcations. The defendant Is enjoined froe harassing and stalking the plaintiff and froe haras$inll the plaintiff's family. The defendant is enjoined frolll entering the plaintiff's place of eeploYMnt and the day care facilities of her minor children. The defendant Is enjoined froe reBOvlng, d....lng, destroyln. or sellinll any property owned jointly by the parties or owned solely by the plaintiff. 11Ie defendant Is hereby notiried that If he resides In the plaintiff'. blcllo CIIIltrary to this Order. he MY be In Indirect crt.ioal c:ont8llPt lIIIich is punl.hable by a rina not to ellce~ $1,000.00 and/or by a IMIIItence of lIP to aix _tha in Jail and any other appropriate punla.nt. RellUlllPtiOll of ~rOlliMnce on the part of the p(Mlntilt and defendant shall not null try the provi.ione of the court order direct lna the defendant to refrain fro. abuaina the pleintiff. This Order shall remain In effect until a final order Is entered In this case. A hearing shall be held on this IIatter on the .11. ( day of )/"'2.0Jn4t.,v 1994. at ,,;j:,3u I) .11., in Courtrooll No. ~,1. CUsberland County Courthouse. I Carlisle, Pennsylvania. . The plaint I ff say proceed .in lm:II "".oori. pending a further order after the hearing. The CU.berland County Sheriff's Department shall attellpt to sake service at the plaintiff's request, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The CarlIsle Police DupartMent will be provided with a certified copy of this Order by the plaintiff's aHorney, This Order shall be enforced by any I.. enforceMent agency where a violation occurs by arrest for indirect crislnal conteapt without warrant upon probable cause that this Order has been violated. whether or not the violation Is cOll/llhted in the p.'esence of the police officer. In the event that an arrest is lIIIIde under this sect ion. the defendant shollll be taken withuut unnecessary delay before the court that Issued the order. When that court III \lJ\Available, the defendant shall be taken before the appropriate district Justice. (23 P.B. . 6(13). By the Court, Judp ,,' 'i , " ~IQUE E. MOORAW-NASH, Plaintiff IN 'I1IE COURT OF ~ PLEAS OF r.1MlI!RLAND coutII'Y, PENNSYLVANIA v. NO. 94- CIVIL TERM PRI!D W. NASH, Defendant PROI'ECTION ~ ABUSE NOTICE You have been sued in court. If you wish to defend aaainst the clai.. set forth in the foilowina pages. you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearini scheduled by the Court and present ing 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 _y proceed without you, and a judpent I18Y be entered against you by the Court without further notice for any IIOney claillled in the Petition or for any other claim or relief requested by the plaintiff. You..y lose IIOneyor property or other rights important to you. YOO SIDJU) TAKE mIS PAP!Il ro YOOR LAWYER AT <JlCIl. IF YOU DO NlJI' HAVE A LAWYDt (It CNHJl' API'aID o.E, 00 ro OR ~ THE OFFICE SET IQl'11f IlI!l.Olr ro FIND WI' IIIP.IlE YOO CAN 0IlT LfXW. HELP. COURT A1*INISTRATOR, 4th FLOOR ClMlERLAND COUNTY COUR11IOUSE CARLISLE, PENNSYLVANIA 17013 TELEI'tllM: NUMBER: (717) 240-6200 IOJIQUE E. ~W-NASH. Plaint i ff IN 11fE COURT OF cnNlN PLF..'\S OF ctJIBERI.AND COlJNTV. PENNSYLVANIA NO. 94-61:J.~ CIVILTERN PROTEcrION f'R.(J,f ABUSE v. fRIlD w. NASH. Defendant PBTITION FOR I'llulm:l"ION ~1lnI RIlL I BF lIIDIlR 11IB PROI rA:rION ..... AIIl1SE ACT, 23 P.S. I 6101 et asq. A. AIllJ8~ 1. The plaintiff is an adult Individual whose peraanent address ia '0 Walnut Street, Carlisle, CUlberland County, Pennsylvania, 17013. 2. The plaintiff Is temporarily residing with her parents at 210 Fern Avenue, Carlislp., Cumberland County, PennsYlvania, for her own protection and to avoid further abuse. J. The defendant is an adult individual reSiding at '0 Walnut Street, Carlisle, CUlberland County, Pennsylvania, 17013. 4. The defendant is the husband of the plaintiff. ,. Since approximately August 3, 1994, the defendant has atteepted to cause and has intentionally, knOWingly, or recklessly caused bodily injury to the plaintiff and by Physical menace has pieced the plaintiff in fear of I..inent serious bodily injury. This has included but is not liaited to the followina specific Instances of abuse: a. On or about October 16, 1994, the defendant shovlld the plaintiff's 2 year-old son away froa hi. causina the child to fall aaalnst the wall, held a CD player over the plaintiff's head and threatened to bash her head in if she did not give hia ."0.00. The plaintiff, fearing for her safety A1~ that of her children, Irabbed her 17 ~nth-old daughter, ran to the balcony and screaeed for help, The defendant followed the plaintiff, threatened to throw her over the balcony, then grabbed the plaintiff by her lei and waist, lifted her up and over the balcony while she was holdina her baby, and let her go. The plaintiff was able to hang on to a door to keep herself and her baby frOll falling. When she ran downstairs, Irabbed her car keys and tried to run froe the house, the defendant pushed the plaintiff's chest causing her to fall backward onto the couch, pried her finaers open and took her car keys. The plaintiff lot away frOll the defendant and ran froll the house. b. On or about August J, 1994, the defendant duped a Ilass of tea over the plaintiff's head as she watched television with her children and demanded that she leave the house. AB the plaint I ff tried to leave the house with her J children, the defendant Irabbed her by the arM, pulled her dowlI a step and out the front door, and tried to rip her blouse off. c. Since approxill8tely August, 1994, the defendant has threatened to beat up the plaintiff several ti.os and has threatened to kill her. 6. On or about October 17, 1994, the plaintiff and her J Minor children left the Barital residence at ~O Walnut Street, Carlisle, CUMberland County, Pennsylvania. In order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is ill i_diate and present danger of abuse frOM the defendant should she return to the hoee without the defendant's exclusion, and that she is in need of protection frOll Iluch abuse. 8. The plaintiff desires that the defendant be prohibited froe havlna any direct or Indirect contact with the plaintiff Includln" but not Ilalted to, telephone and written coalUnlcations. 9. The plalntl ff desires that the defendant be enjoined froe harasslna and stalklna the plaintiff, and froB harassina the plaintiff's fsally. 10. The plaintiff desirelS that the defendant be restrained froe enterinll her place of employment, and the day care facilities of the plaintiff's alnor children. II. The plaintiff desires that the defendant be enjoined froe reaovlna, dallaaina, destroyln, or se II iflg any property owned joint Iy by the part les or owned solely by the plaintiff. B. HXCLUSIVB P08l1R!~SI<>>l 12. The hoe from which the plaint Iff is askin, the Court to exclude the defendant Is rented in the names of Monlque E. McGraw-Nash and Fred W. Nash. 13. The plaintiff desires possession of the hoIIe so as to give the grealest degree of continuity to the lives of her children. C, LOSSES 14. The plaintiff asks for attorney's fees for Legal Services, Inc., and filina and service fees of this lawsuit pursuant to the Protection froe Abuse Act. D. STA'n1IL,ro IlIIflr.JIJlD IN f'OIlMA PAlJPt'JtIS 1S. The plaintiff Is currently une.ployed. 16. The plaintiff does not have funds available to pay the Ie.. lor fllina and service of this lawsuit. \ftIEREFORE. pursuant to the provis ions of the "Protect ion fro. Abuae Act" of October 7, 1976, 23 P.S. 86101 ti, ug.. as uaended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Te.porary Order pursuant to the "Protect ion CrOll Abuse Act:" 1. Ordering the defendant to refrain frOll abusing .the plaintiff and/or placing her in fear of abuse; 2. Ordering the defendant to refrain frOll having any direct or indirect contact with the plaintiff includina, but not li.ited to, telephone and written co..unications; 3. Ordering the defendant to rdrain frOll harassing and stalking the plllintiff, and frOll harassing the plaintiff's fuily; 4. Prohibiting the defendant frOll enterina the plaintiff's place of ellploYll8nt, and the day care facilities of the plaintiff's .inor children; S. Prohibit ing the defendant frOll rellOvina, dallaaina, destroying or selling property jointly owned by the parties or owned solely by the plaintiff; 6. Granting possession of the ..rital hoIIe located at SO Wainut Street, Carlisle, Cumberland County, Pennsylvania, to the plaint iff to the exclus Ion of' the defendant pendin. a final order in this ..tter I and 7. Ordering the defendant to stay away froe any residence the plaintiff may In the future establish for herself. B. Schedule a hearing in accordance with the provisions of the "Protect ion frOll Abuse Act," and, after IJuch hear in" enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain frOll abusilll the plaintiff and/or placing her In fear of abuse. 2. Ordering the defendant to refrain froe havina any direct or Indirect contact with the plaintiff including, but not Ilslted to, telephone and written cOBMunlcations. J. Ordering the defendant to refrain frOll haraslSilll and stalkinll the plaint iff and frOll harassing the plaint iff' IS f8llily. 4. Prohibiting the defendant froll entering the plaintiff's place of ellploYlllllnt and the day care facilities of the plaintiff's lIiuor children. 5. Prohibiting the defendant fro. re~vina, d_gina, destl'oying or selling property Jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the _rital hoIIe located at 50 Walnut Street, Carlisle, CUaberland County, Pennsylvania, to the plaint i rf to the exc Ius ion of the del'endant. 7. Ordering the defendant to stay away froe any other residence the plaint i ff may in the future establish for herse I r. 8. Ordering the defendant to pay all costs of fi I in, and service of this lawsuit and attorney's fees to Lelal Services, Jne. " The plaintiff further &eks that this Petition be filed and served without pIl1IIent of costs, pendlna a further order at the hearlna, v1d that a certified cop)' of this Petition and Order be delivered to the Carlisle Pollee DepartMnt who has Juriadictlon to enforce this Order. The plaintiff prays for such other relief as .ay be Just and proper. Respectfully su~ltted, " /1/_ ( ~~~ J~~::r 'Y r---- Philip C. Briaanti Jane Muller-Peterson Attorneys for Plaintiff LIIW. 8EIlVICllS, INC. 8 Irvine Row Carlisle. PA 17013 (717) 243-9400 ,. ,t The above-naaed plainti H. Monlque E. MCOraw-Naah. verifies that the state.nts sade in the above Pet it ion are' truo and correct. The plaintiff understands that false state.nts herein are l18de subject to the penalties of 18 Pa. C.s. . 4904 relatins to unsworn falsification to authorities. DatetJJ <<x'I J9PY 'It I ,'" .. , , ' '" " ......... . SHERI IT' S RE'l\JRN ~'nl OF PmNSYLVANIA, COOIfl"{ OF ClHBERLAND In The Court of Common Pleas of Cumberland County, pennsylvania No. 94-6122 Civil Term Temporary Protection Order Petition for Protection Order protec~ion From Abuse Monique E. McGraw-Nash VS Fred W. Nash g^ha'l"'~' F~nlr , _1tWx~x Deputy Sheriff of C\JOOerlanc1 CoWlty, Pennsylvania. who being duly IMlrn according to law, says, . Temporary Protection Order Petition for that he served the within Prnt.."t inn Order p~otection From Abuse p .M. m / EDST. on the , the defendant, at 3:20 day of October o'clock upon 1;'ran 111 N...a h . 26 . 19iLat .;n WAlnut' ~tY",:t,:l!t_ CArlis.le , CUTberland Cowlty. Pennsylvania. by handing to Fred Nash . Temporary protection Order Petition-~ II true and attestad copy of the Protection Order Protection From Abuse and at the same time directing !tis attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's CostSI Docketing Ser.vice Affidavit Surcharge 14.00 2.80 16.80 So an~~~ ~ r~'."M~1~ R. Thomas Kline, Sheriff Sworn and subscribed to before me by ~~f-d/J.s.- Deputy Sheriff this }".; day of '1l ~t..- 19 9'/ A.D. C)~. - (). hl..,.l(...... I .un' Prothonotary I 7; The defendant is ordered to stay away froe the plaintiff's current residence located at 210 Fern Avenue. Carlisle, cuaberland county, Pennsylvania, wblch the parties have never shared. 8. The defendant is ordered to stay away froe any residence the plaintiff aaY in the future establis~ for herself. 9. This order bhall reaain in effect for a period of one year. 10. The carlisle Police oepart..nt shall be provided with a certified copy of this Order by the plaintiff's attorney and laY enforce this Order by arrest for indirect cri.inal conte.pt without warrant upon probable cause that this order baS been violated, whether or not the violation is ~itted in the presence of the police officer. In the event that an arrest is .-de under this section, the defendant shall be taken without unnecessary dday 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. 5 6113). By thll Court. AJ HesS, Judie ~onQUE E. MCGRAW-NASH. Plaintiff IN 11lE OOURT OF <XM<<lN PLEAS OF v. ClN3ERLAND COON'I'Y, PflIlNSYLVANIA NO. 94-6122 CIVIL TERM I'RED W. NASH. Defendant PROTF.C1'ION FR<* ABUSE ~8I!NT -- This Alree..nt Is entered on this day of October, 1994, by the plaint Iff, Monlque E. NcOraw-Nash, and the defendant, Fred W. Nash. The plaint Iff Is represented by Philip C. Brlaant I of LFXlAL SERVICES, INC.; the defendant Is represented by Ronald E. Johnson of ANDREWS . JOHNSON. The parties aaree tbat the following ..y be entered as an Order of Court. 1. The ddendant, Fred W. Nash, agrees to refrain frOll abusing the plaintiff, Monlque E. McGraw-Nash, and/or placing her In fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaint iff Including, but not Ii II I ted to, telephone and writ ten c~nlcatlons. J. The defendant agrees not to harass and stalk the plaint iff and harass the plaintiff's f..\ly. 4. The defendant ag,'ees not to enter the plaintiff's place of eIIplo)'Mnt or the day care facilities of the plaintiff's ..inor children. 5. The defendant agrees not to rellOve, dlllllage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties, without the sutual consent of the parties. 6. The plaintiff agrees that the defendant ..y reside In the ..rital residence at 50 Walnut Street, Carlisle, CUeberland County, Pennsylvanls, ~ncln& Thursday, October 27, 1994, at 6:00 p... until Thursday, Nove.ber J, ! " '., . " . 1994. at 6:00 p... at which ti~ he will vacate the pre.ises and be excluded therefrDl for the resainina ter. of the Protection Order. 7. The defendant agrees to stay away frOll the plainti ff' s current residence located at 210 Fern Avenue. Carlisle. cu.berland C~unty. Pennsylvania. which the parties have never shared. 8. The defendant agrees to stay away frDl any residence the plaintiff say In the future establish for herself. 9. The defendant. although entering into this Aaree~nt. does not adIIit the alle,ations Bade in the Petition. 10. The def~ndant understands that the Protection Order entered in this satter shell be in effect for a period of one year. II. The defendant understands that this Order shall be enforceable in the SAlle sanner 8S the Court's prior Temporary Protect ion Order entered in this case. WHEREFORE, the parties request that a Protect ion Order be entered to reflect the above teras. r iqu E. , Plaintiff f~~' ~../' r. _ Phil ip C rillant Attorney for Plaintiff LB:W. SERVICI!8. INC. 8 Irvine Row Carlisle. PA 17013 (717) 243-9400 AlII......,,,,, afilK>>l 78 West Poefret Street Carlisle. PA 17013 (717) 243-0123