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Home My WebLink About95-04097 \~,V~i',\ .',i;~('~!lll'~l"",!,;'.I.,(',I/ ,I,: \il,:I'I;kl!/iM.'~lW\f:~jW:,/ '1,"!~I:1'I;11 i 'it,y', I'~' "1\..1 ~'~l J~"'I" 'I' Alll"" I rf' r,1~llr"r ~, jr, "/", I. "1/'11,11:/ ,\ 'I', I' i'11"'" " , I 'it/i) 1 [I" h, J I '''' ! 'I .f' : IL~\U~~~.llt.~~;:tL; ;1,) I" 1, l~I\l!I:~H~?'(;_ _ III '1 I~ " I ; , ),..Hi,~',l:!!;t!' \!-;,,,-,,,,,I:Il"i. . -,,'-~l ;!"llil~J j ,.1 I, .'" (I'J'I/'I.\Hi' ,-" j.I',_"-Jil,. ",'., t !','" _I, ' ':-'II~)>"~- "" ",;,',1-'1\1'.1 , .d ! '.1,\ "" I,',:. -r':", '_._rl",' "('_:-"_, I' -',.J " , J -l+!fl~)~'\-'li;J\;i':~,I)li'-lrf,,! f~ I '!;r,t;/{I_( .! "I d ",,1 It ~"'."'! ,dl'."I1'I': i, "-';""''''-''''\(-11'',,1 ,j 'm\,'::-,~:::-~h;_ -.';,',. II;);, ~If(~-J', ill i - i 1, (I 1'l,r1h" ,J~~'.'I i)fl- l-i;' , }tLj i~;J ,\' .f I' ,1 'i,- ; J\ .;Il)t' ':1' I f- I~'! .~ <I 'I, ~,-! I 11 'II (f';liJ\ "fiH:JIi'ii..!' .'~'llll 'I,' ,(~11' 11~' 'J;11." ,.,,' !. J~};j/J\'II)I1I,rj , "11 t'IH'llfl'J't III '1J~t\1~ " /1' II' , 'II , I f If' f ,\,~-j'r ",h'- - '.' '/I'J'" "l,'ffni! I! It' I' " . J' ,I ,!. ,~ "~'" / I I ' 'I' -'J' .!\~:jd;'~1,.L; __ f' iJ' :1. '. ,_ I :'I_~l:;~;'.rt.f)'\I';j~-l',1{~II;l.I!,1 ~(' q :1 : .:I:.iI\,h~t,i'?i:L',,,j!'/,;I,I; , l' , 'I " , " " ,',,',' ,:Ii " 'q " LIGAL IIIMCII, INC. 'IIMNIIIOW ~lIlI, "HNIVLVAN\A 17013 17171 :MUIOll ".,17171 I/tU;tOII W8ll1IlOII17l7178H471 1IIIIppnbu", 17171 NO "" " I.- I' I i. ,','1'1 " " .'i'i "':1'" " I /;j 'I' I i'l! "\ 'f' ",' 1\11';; :'1 '), I, 'II; 1:"1'1 i'! u, ,;;.'j il! II,f}', .+ . . , I r . " NISSA J"R'I, plaint:itt IN 'l'lI~ COUll'!' OF COMMON PL,EMl OJ" CUMl31\lll,AND COUN'l'Y / I'ENNBvtNANIA v. NO. 95~ './rI'/ CIVIL, 'I'~RM POUGLAS J"R'I, Detendant PRO'I'EC'I'ION l'IWM ABUBl': AND NOW/ this 'II)lG.8NU'J.80,U~.TJ:~ILQJ\J)JR ! 1/ _~_ dliY of Auguflt/ 1995/ upon presentation and aonsideration of the within Petition, and upon finding that the plaintiff, NIBSA FRY/ now residing lit 8n undisclosed location for her own pr.otectioll, is in immediate 8nd present danger of abuse from the defendant, DOUGLAS FIlY, the following Temporary Order is entered. The defendant, DOUGLAS FIl'l, (SSN~ Unknown) (D.O.B. ~ 7/23/68) now residing at a location unknown to the plaintiff, is hereby enjoined from physically abusing the plaintiff, NISSA FRY/or placing her in fear of abuse. 'I'he defendant is excluded from the plaintiff'S residence located at 1006 Swarthmore Road, New cumberland, Cumberland county, Pennsylvania, a residence which is owned by the plaintiff'S parents/ Dennis Dougherty and Nancy Dougherty. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited tOt telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff'S relatives. The defendant is enjolned from entering the plalntltf's plaoe of employment. The defendant is enjoined trom romoving, damaging, destroylng or selling any property owned jointly by the parties or owned solely by the plaintiff. A violation of this Order may subject the defendant tal i) arre.t under 23 Pa. 0.8. 561131 ii) a private criminal complaint under n Pa. 0.8. 56113.11 Hi) a charge of indirect oriminal oontempt under 23 Pa. 0.8. 56114, punishable by imprilonment up to .ix mcnth. and a fine of $100.00-$1,000.001 and iv) oivil contempt under 23 Pa. 0.8. 56114.1. Resumption of co-residence on the part of tha plaintiff and defendant Ihall not nullify the provisionl of the ccurt order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and can be extended beyond its orlginal expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or praotice that indicates continued risk of harm to the plaintiff. This Order shall remain in effect until modified or terminated by the court after notice or hearing. A hearing shall be held on this matter on the I k " day of August, 1995, at (\ II.m., in Courtroom No. Cumberland county courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. -_r'_ ~.._..,. ... .':'" ~':" Tho cum~erlRnd county Sheriff/s Oepartment sholl attempt to make .ervioe Rt tho plaintiff's roquest and without pre-pRyment ot t..., ~ut servioo mRY ~o Rcoompllshod undor Rny applloa~lo rule ot civil procedure. This Ordor sholl be dooketed in tho offlco of the prothonotary and forwarded to the sheriff for service. 'rhe Prothonotary shall not send a copy of this order to tho defendant ~y mail. The East pennsboro 'l'ownshlp, camp Jllll Borough, and New cumberland Borough police Departments sholl be provided with oertified copies of this order by tho plaintiff'S attorney. This Order shall be enforced ~y any law enforcoment agency where a violation occurs ~y arrest for indirect criminal contempt without warrent upon probable causo that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that on arroBt is made, under this Bection, the defendant Bha 11 be taken without unnecoSBary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justioe. (23 Pa, C.S. S 6113). By the court, JUd",. NISSA FltV I Plaintiff IN THE COURT OF COMMON PL~AS OF CUMBERLANP COUNTY, PENNSYLVANIA v. NO. 95- CIVIL 'l'ERM DOUGLAS rRY, De tendant PRO'l'ECorION FROM ABUSE NOTICI 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. llJmL AND COSTS If the case goes to hearing and the judge grants a Protection order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You ahould take thi. paper to your lawyer at onoe. It you do not have a lawyer or cannot attord one, 90 to or telephone the ottice .et torth below to tind out where you can get le9al help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUN'l'V COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBERc (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of cumberland county is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our of f ice. All arrangements must be made at least 72 hours pr.ior to any hearing or business before the court. NISSA FRY, IN TBJ:: COUH'l' 01" COMMON PLJ::AS OF plaintiff CUMBJ::H[.AND COUN'l'Y I PJ::NNSYLVANIA V. NO. 96- CIVIL '['EllM OOUOLAS FJW, Oefendant PHO'l'f:C'l'ION FHOM ABUSJ:: 'ITITIOH-IgB-I~OTIO~19K~D.B UD OUITODX RILIlr UNDIR THI paOTloTION raoN ABUBI ACT, 23 P.B. 5 6101 et .eq. ~. ABU" 1. The plaintiff, NISSA FHY, is an adult individual whose permanent address is 1006 Swarthmore Road, NoW Cumberland, cumberland county, Pennsylvania, 17070. 2. The plaintiff is temporarily staying at an undisolosed looation for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the oourt upon request. 3. The defendant, DOUGLAS FRY, (SSNI Unknown) (0.0.8.1 7/23/68), is an adult individual. The plaintiff is unaware of the defendant's address, but believes he is living in cumberland county, Pennsylvania. 4. The defendant is the husband of the plaintiff. 6. since approximately 1992, the defendant has attempted to oauee and has intentionally caused bodily injury to the plaintiff, has subjected the plaintiff to false imprisonment pursuant to 18 Pa, c.s. section 2903, has placed the plaintiff in reasonable fear of immi"ent serious bodily injury, and has knowingly engaged in a oourse of conduct or repeatedly committod acts toward the plaintiff under oircum~tance~ whioh have plaoed the plaintiff in reasonable fear of bodily injury. 'l'hi~ ha~ inoluded, but i~ not limited to, the following speoific instences of abuser a) on or about July 23, 1995, the defendant grabbed the pleintiff about her arm, pulled her into the camp Hill Ma 11' spark ing lot, took her between parked cars, and pushed her about her shoulders with such force that he caused her to lose her balence and tumble backwar.da. The defendant warned the plaintiff to get a protection order threatening, "Vou are going to need it soon, motherfucker." b) on or about June 20, 1995, at approximatelY 10tOO p.m. the defendant pushed the plaintiff about her shoulders causing her to fall against the bathroom door which closed trapping her in the bathroom with the defendant who continued to push and grab the plaintiff about her shoulders and arms. As a result of this incident the plaintiff suffered soreness and bruising about her body. c) On or about June 19, 1995, the defendant became enraged and threw objects around the basement causing the plaintiff to fear for her safety. 'rhe def.endant grabbed the plaintiff's arm, and pushed her around the room at one point pinning her against a wall. When the defendant pushed the plaintiff up the basement steps, she ran from the residence to avoid further abuse. d) On or ~bout Februory 10, 1996, the defendant kioked the plaintiH about her hip and thilJh. When the plaintiff fled to the bathroom and attempted to lock the door to keep the defendant away from her, the defendant pushed his was into tho bathroom, restrained the plaintiff, screamod at her, and falsely imprisoning her in the bathroom for approximately ono hour. e) on or about January 23, 1995, the defendant forcefully hit the plaintiff about her arms. Fearing for her safety, the plaintiff left the house. f) On or about December 27, 1994, the defendant became enraged at the plaintiff and hit her in the face causing bruising on her cheek. g) Since 1992, the defendant has been abusive toward the plaintiff approximately once or twice a month in ways including, but not limited to, the followingl pushing the plaintiff about her arms, shoulders, and hack with both of his hands, spitting at her, and trapping the plaintiff in rooms from fifteen (15) minutes to an hour restraining her and preventing her from leaving. 6. On or about July 23, 1995, the plaintiff left her residence at 1006 Swarthmore Road, New cumberland, Cumberland county, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she return to the home without the defendant's exolusion and that she i. in need ot proteotion from such apuse. B. The plaintiff desires that the defendant pe prohibited from having any direot or indireClt contact with the plaintitt inoluding, but not limited to, telephone and written communioations. 9. The plaintiff desires t:hat the detondant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 10. The plaintiff desires that tho defendant bo restrained from entering her place of employment. 11.. The plaintiff desires that the defendant be enjoined from removing, damag ing, destroy ing or selling any property owned jointly by the parties or owned solely by the plaintiff. B. !XQLUSIVE POSSESSION 12. The home from which the plaintiff is asking the Court to exolude the defendant is owned by the plaintiff's parents, Dennis Dougherty and Nancy Dougherty. 13. The plaintiff currently has no place to stay except her parent's home, and the defendant has family and friends in the area with whom he can stay. ~. ATTO~Y reES 14. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. S 6101 lllil&g., as amended, the plaintiff prays this Honorable court to grant the following relief I A. Grant a Temporary Order pursuant to the >>protection from AbutsB Autl>> 1. ordering the def0ndant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. ordering the defendant to refrain from having ony direct or indirect contact with the plaintiff inoluding, but not limited to, telephone and written communications. 3. ordering the defendant to refrain haraasing and stalking the plaintiff and harassing the plaintiff's relatives. 4. prohibiting the defendant from entering the plaintiff'S place of employment. 15. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possess ion of the home located at 1006 Swarthmore Road, New cumberland, cumberland county, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter. from from 7. ordering the defendant to stay away from any residence the plaintiff may in the future estB~lish for herself. e. Sohedule a hearing in aooordanoe with the provisions of the "Proteotion from Abuse Aot," and, after suoh hearing, enter an order to be in effeot for a period of one yearl 1. ordering the defendant to refrain from abusing the plaintiff or placing her in f~ar of abuse. 2. Ordering the defendant to refrain from having any direot or indirect oontact with the plaintiff inoluding, but not limited to, telephone and written communications. J. ordering the defendant to refra in harassing and otalking the plaintiff and harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5. Prohibiting the defendant from removing, damaging, delltroying or selling property jointly owned by the parties or owned Golely by the plaintiff . from from 6. Granting possession of the home located at 1006 Swarthmore Road, New cumberland, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. .:.. f n r' ...... -- f? t!J " ....'.1 ::.; " l:i1 .t t. ~~ ~ I , I l~r~bl""1'1.'l, ,'IlI"!fil,I:';J If'. 1," ,:Il,t-~I <}Jjl "r.,l,.lk, ,',p{., Olf"IIITI.l{ l!l'lII;'J".l,)1 1,',tl/lrtlll '. f111~~j ~1,1i~1.t, I't ':' ',~'~ :3 rj!f/');ir,IIr :H}U'l\I). i'lll)l.:," 'f',HVl!I"ijf"IV1~;.Jf'1 fl1. f,t l!j"\'~,'I;,,,~~h1 ! \1 tl;tHlfl}:/'/I" I, \1 ' lj 1'1 I ; \" t: iI' !,,/ I I,',' ,If,ll, 11(1";' l~ !~'~l ~lfllll u'~, "'{").! I.j 1.~1~JMI.,flil't'il 11;,.1",;, H f,', lfl'P,11 "II,.,f,. II "1'1"1' ,';/,.u""!rA l',l) -i'J\~I' '~1't.:,IJ'I" _. "1. ,t III j, J ' , t , . , , ' 1 jl "t!'!:' I' ," I 'I~I ~ ~.ru,~_'..'.'!lf:l~i,_,.".I, 111/.:1\(': l'~ J ,,'1 1,1'" ,I j' :;; /,1,'/ JJ".,,:'Jr.'J~:':f;.1-: illJ;Av;j:----_ <iI".' I d., 'it ;\1' . Ii ,! iLf_"I\I_U,\[;l1i~lr ~)I.:j;~'li~;:;'J/ill. i' 'I "J/", I, " "I! ",:"'1,' J(/(i, I',;.: "01 ' " ,I " :,1 J:i:,',':" ...., .., ~==... · ~1~W)' <; " ,I, CNIlJUI7~r=1A 1'1011 ~i~,~!~';~" :':;'i' !I,:~.I'" W::::7~:"71 AUG (} 8 19~ ~~ Ii 'it': I: " .. I , , , " :i:BhIP~rv 17m NO ... 1'1 I' ;,li ii" (, '" ,) I d. , 't 1>1 t I" ,'/ ',/; IiI,' I I' \ l~ J " ,l;l-r.t I'; r:l,r ",_' ,(i,> -rL'j. :'. ,;,li-ljlji , "! ' f (il~ "'1,-':::,(,1::.,;""" }'/ll;J:'j\~UA),' :\/i"h?i\1&\~ - f 'ti i)?'~i\-~~(~"\1~rlt ~. ,. ,~ " 'I ~'l' I' , h"i ... - ~ r . I ,- OOUGLAS F!tV, Oefendant: IN 'fHE COUR'l' OF COMMON PLEAS OF CUMl3ERl,ANP COUWfY, PENNSYLVAlHA NO. 95-4097 CIVIL TERM pRO'fI!:CTION I'ROM ABUSE NISSA ,!tV I Plaint:l.f~ v. MOT IOILfQJL!l.minJf.I.IAmJ1 The plaintiff moves tho court tor an Order continuing generally the hearing in the above-captioned oase on the grounds thatl 1. A Temporary Protection order was issued by this court on Tuosday, August 1, 199b, schedUling a hearing for Wednesday, August 9, 1995, at 10tOO a.m. 2. The cumberland county Sher if fI s Pepar.tment served tho defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on Wednesday, August 2, 1995, at approximatelY 2123 p.m. at his place of employment. 3. The defendant indicated to Legal services, Inc. on August S, 1995, that he desired the hearing to be continued generally to afford the parties time to execute a consent agreement, and Legal Services, Inc. agreed. 4. The plaintiff requests that the 'l'emporary protection Order remain in effect until modif. ied or terminated by the court after notice and hearing. 5. Certified copies of. tho Order for continuance will be delivered to the East pennsboro Township, camp Hill Bor.ough, and AND NOW, the consent I IN 'I'HI!: cOllR'I' 01" COMMON PI,I':Ml 01" Plaint1tf I I cUMaERLANIl COllN'I'Y, I'F.HHtlYINAH IA V. I I HO. 95-409" CIVIl, '1'~:r<M I Defendant I I'lw'I'f,c'l'ION I"IWM AIlUSE IA4; fBQTJgTJ9H_~RgI8 this~ day at Auquat, 1995, upon considoration of Agreement of tho Pllt't ies, the fa llow ing Order is NISS,\ FRY, pouat.,\s FRY, entered I 1. 'l'he defendant, DOUGLAS FRY, is enjoinod from physioallY abusing the plaintiff, NISSA FRY, or from placing hor in foar of abuse. 2. 'l'he defendant is enjoined from hllving IlnY direot or indireot contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff'S relatives. 4. The defendant is prohibited from entering the plaintiff'S place of employment. 5. The defendant is prohibited from removing, dllmaging, destroying or selling any property owned by the plAintiff or jointly owned by the parties. 6. The defendant is excluded from tho plaintiff'S residenoe located at 1006 Swarthmore Road, New Cumberland, Cumberland county, Pennsylvania. 7. The defendant is ordered to stay away from any realdenoe the plaintiff may in the future establish for herself. B. court costa and fees are waived. 9. This Order sha 11 rema in in ef feet for a period of one (1) year and can be extended beyond its originsl expiration date if ~he court finds that the defendant has committed an act of abuse or has engag~d in a pattern or practice that indicates risk of harm to the plaintiff on a continued basis. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection order entered in this caso. 10. This Order may subject the defendant tot i) arrest under 23 Pa, C.S. 56113/ 11) a private criminal complaint under 23 Pa, C.S. 56113.1/ iii) a charge of indirect criminal contempt under 23 Pa. C.S. 56114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00/ and iv) civil contempt under 23 Pa. C.S. 56114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 11. The East pennsboro Township, camp Hill Borough, and New Cumberland Borough Police Departments shall bo provided with c~rtified copies of this order by the plaintiff'S attorney and may enforce this order 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 defendant shall be taken without unnecessary delay before the court that issued the order. When that court is DOUGLAS FRY, Defendant IN THE COUR'r OF COMMoN PLEAS of' CUMBERLANP couwrv, PENNSYLVANIA NO. 95-4097 CIVIL TERM PROTEC'l'ION I'ROM ABUSE NISSA FRY, plaintiff v. QQJfUIf'LMBIIIK.lUi'l' This Agreement is entered on this ______ day of August, 1995, by the plaintiff, NISSA FRY, and tho defendant, DOUGLAS FRY. The plaintiff is represented by Jo~n 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. 'rhe defendant, DOUGLAS FRY, agrees to refrain from abusing the plaintiff, NISSA FRY, or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant agrees not to harass and stalk the plaintiff and harass the plaintiff's relatives. 4. The defendant agrees not to enter the plaintiff's place of employment. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 6. The detendant agrees to ~o ewoluded trom the plaintittl. re.idenoe looated at 1006 swarthmore ~oad, Hew cUm~er18nd, cum~erland county, Pennsylvania. 7. Tho defendant agrees to stay away trom any residenoe the plaintift may in the future eatablish for hersolf. B. court costs and fees are waived. 9. 'i'he defendant / although ontodng into this Agreement / does not admi~ the allegations made in the Petition. 10, The defendant understands that the Protection Order entered in this matter will ~e in effect for a period of one (1) year and can ~e extended beyond its original expirlltion date if the court finds that tho defendant has committed an act of abuso or has engaged in a pattern or practice that indicates risk of harm to the plaintiff on B continued basis. 'rhe defendant understandL that this Order will be enforceable in the samo manner ae the Court's prior Temporary Protection order entered in this case. 11. violation of the Protection Order may subject the defendant tOI i) arrest under 23 Pa. C.S. S61131 ill a private criminal complaint under 23 Pa. C.S. S6113.1; iil) a charge of indirect criminal contempt under 23 Pa, C.B. S6114, punishable by imprisonment up to six months and a fine of $100.00-$1/000.001 and iv) civil contempt under 23 Pa, C.S. S6114.1. WHEREFORE/ the parties request that a Protection order be j r. ,,/ . ,., " ~.: ~~ .' ~ ~ ,..;, I'J /J, <>:l ~ ,,' ~'.J ,; ~ ..~I 1..t1 --. 'c..>oI\ ,~ ~'