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HomeMy WebLinkAbout95-05344 PAULA A. DARHOWER. Plaint iff 1 N TIlE COURT OF COMI<<lN PLEAS OF : CUMBERLAND COUNTY, PEllNSYLVANIA v. NO. 95- 1] /1'1 CIVIL TERM MELVIN H. NAILOR, JR., Defendant PROTECTION fR()l ABUSE AND CUSTODY AND NOW, this TIM'OIlARy ~ION IWIlI'JI. I...' ui day of October, 1995, upon preaentat ion and conaideration of the within Petition, and upon finding that the plaintiff, Paula A. Darhower, now residing at 185 Big spring Terrace, Newville, cu.berland County, Pennsylvania, is In i.-ediate and present danger of abuse froe the defendant, Melvin H. Nailor, Jr., the following Te.porary order is entered. The defendant, Molvin H. Nailor, Jr. t (SSN: 209-66-1553) (DOll: 12/11/711, now residing at 507 Shed Road, Newville, cu.berland County, Pennsylvania, is hereby enjoined froll physically abusing the plaintiff, Paula A. Darhower, or placing her in fear of abuse. The defendant is excluded frea the plaintiff's residence located at 185 Big Spring Terrace, Newville, cu.berland County, Pennsylvania, a residence which is jointly leased by the parties. The defendant is ordered to refrain frOll having any direct or indirect contact with the plaintiff Including, but not limited to, telephone and written COMMUnications. The defendant is enjoined from harassing and stalking the plaintiff and frOll harassing her relatives. The defendant is enjoined from entering the plaintiff'S place of e.plo)'IICnt and the day care facility of the minor child. The defendant is enjoined froa reeoving, daaaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. A viol at ion of this Order say subject the defendant to: I) arreat \IIIlIer 23 Pa.C.8. 161131 il) a private crlslnsl cosplalnt under 23 Pa.C.S. 16113.1; III) a charge of indirect crisloal conteept Wlder 23 Pa.C.8. 16114, punlahable by Ispri~nt up to six ....tha and a fine of $100.00-$1,000.001 and iv) civil contespt under 23 Pa.C.S. 16114.1. Resll-Bon of co-residence on the DIlrt of the pleintiff and defenrl.nt shall not nullify the provisions of the court order. This Order shall resain in effect unt il eodifled or ter.inated by the COurt and can be extended beyond its original expiration date if the Court finds that the defendant has co.. I tted an act of abuse or has engaged in a pattern or practice that Indicates risk of hara to the plaintiff. Te.porary custody of Felicia Nailor, Is hereby awarded to the plaintiff, Paula A. Darhower. at . A hearing shall be held on this satter on the /'/r;J day of October, 1995, .), J(i All., in CourtrOOll No.~, Cueberland County Courthouse, Carlisle, , Pennsylvania. The plaintiff Il8Y proceed without pre-payment of fees pending a further order after the hearing. The au.berland County sheriff's Department shall attespt to sake service at the plaintiff's request ann without pre-paYMent of fees, but service nay be accOllplished 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 lIai1. Joan Carey IJIW, SEIlVICIlS, INC. Attorney for Plaintiff By the Court, The Pennsylvania State Police shall be provided with a certified copy of this Order by the plaintiff's attorney. This order ahall be enforced by any law enforceeent ll8ency where a vlolat Ion occurs by arrest for Indirect crl.lnal conte.pt without warrant upon probable cause that this Order has been violated, whether or not the violation Is c088ltted In the presence of the police officer. In the event that an arrest Is 88de, 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 just ice. (23 P.S. II 6113). Judp PAULA A. DARHOWER. Plaint Iff IN mE COURT Of COM<<lN PLEAS Of cl)tBERLAND OOUNTV, P~SYLVANIA v. CIVIL TERN NO. 95- MELVIN H. NAILOR, JR., Defendant PROTECTION fRaN ABUSE AND CUSTODY NOTICE You have been sued In court. If you wish to defend against the claiu set forth In the followlna pages, you aust take action proeptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearina scheduled by the Court and presenting to the Court your defenses or objections to the claias set forth against you. You are warned that If you fail to do ao the Court MY proceed wi thout you, and a judgaent MY be entered against you by the Court without further notice for any eoney claiaed in the Petition or for any other clal. or relief requested by the plaintiff. You MY lose aoney or property or other rights laportant to you. PP.P.A AND rYlIITII If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You aay also be required to pay attorney fees to Legal Services. Inc. for their repreaentation of the plaintiff. You should take thia pepur to your lawyer at once. If you do not have · lawyer or cannot afford 008, 80 to or telephone the office aet forth belOlr to find out where you can get legal help. COURT AIloIINISTRATOR, 4th fLOOR ClNlERLAND COlOO'Y COUR11lOUSE CARLISLE, P~SYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AII!IllCANS WInt D1SABILITIIlS 1Cr OF 1990 The Court of CollllOn Pleas of cuaberland county is required by law to coeply with the Americans with Disabilities Act of 1990. For inforlllltlon about accessible facilities and reasonable acco..vdatlons available to disabled Individuals having business before the court, please contact our office. All arrangellclOts must be I18de at least 72 hours prior to any hearing or business before the court. PAULA A. DARI.owER, Plaintiff IN mE COURT OF COIHlN PLEAS OF C\NlERLANIl COWI'Y, PENNSYLVANIA v. NO. 95- CIVIL TERN MELVIN H. NAILOR, JR., Defendant PROTECTI~ FROM ABUSE AND CUSTODY PIlTITI<If POll. Mml.TI<If nII.- AND CUImlDY RIlL I BP lIII!R 11IB I1G1ns. TI<If ..... AIllJ8E ACT, 23 P.8. I 6101 et aeq. A. AIIUlIIl 1. The plaintiff, Paula A. Darbower, is an adult individual realdllll at 185 Big Sprina Terrace, Newville, CUsberland County, Pennsylvania 17241. 2. The defendant, Melvin H. Nailor, Jr.. (SSN: 209-66-1553)(0081 12/11/71), is an adult individual residilll at 507 Shed Road, Newville, CUllberland County, Pennsylvania, 17241. 3. The defendant is the father of the parties' daughter, Pelicia Nailor. 4. Since approxhllltely January of 1995, the defendant has attespted to cause, and has intentionally, knowingly, or recklessly caused, bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of i..inent serious bodily injury, and has knowingly elllaged in a course of conduct or repeatedly co..itted acts toward the plaintiff inclUding following the plaintiff without proper authorizat ion, under circuastances which have placed the plaintiff In reasonable fear of bodily injury. This has inclUded, but is not li.ited to, the following specific instances of abuse: a) on or about AUllUst 13, 1995, the defendant threatened the plaintiff sayinR, "If I have a few ~re beers, I'll be able to kill you." As the plaintiff tried to re~ve the defendant's beer frOll the refrigerator, he caae at her with a boer can in one hand, his other hand clenched In n flat, stood very close to her face, alld when she tried to push him away, the defendant punched the plaintiff In the jaw. The plaintiff left the ho~ and went to her .uther's ho~ where she telephoned the Pennsylvania State Police. The police charged the defendant with terroristic threats and harassMent. A hearing wss held before District Justice Shulenberger on Septellber 14, 1995, and the CllSe was bound over for trial. b) In or about March, 1995, the defendant threw the plaintiff on the bcd, followed her around the other side of the bed when she tried to get away from him, punched her In the ar., and when she slid down the wall to the floor, he kicked her In the leg. The defendant shoved the plaintiff onto the bed when she got up, punched her about her ar.s and legs unt 11 his parents and his sister pUlled hi. off of her. The defendant followed the plallltlff as she ran frOll the rOOll, grabbed her and held her III a choke hold with hia ar. around her neck. The plalnti ff got away from the defendant and ran to a neighbor's home. c) In or about January of 1995, the defendant threw a re.ute control at the plaintiff, narrowly mIssing her head, wIth such force that It stuck In the wall. The defendant grabbed the plaintiff by the arm and swung her her around causing her to slall agaInst the wall. d} SInce approxImately Jnnuary of 1995, has abused the plaintiff In ways Including, but not 11111 ted to, pushing, shoving, punching, grabbing, nnd thrOWing the plaintiff Into walls. The defendant has intimidated the plaintiff by clenching his fist and pulling back his arm as if to strike her, and has repeatedly threatened to hit her or punch her in the head. In sddltlon, the defendant has threatened the plaintiff saying, "Don't talk to Ill! or I'll hurt you." and has threatened to kill her on several occasions. S. The plaintiff believes and therefore avers that she is in i.-ediate and present danger of abuse frOll the defendant and that she Is in need of protection fro. such abuse. 6. The plaintiff desires that the defendant be prohibited fr~ having any direct or Indirect contact with the plaintiff Including, but not II.Ited to, telephone and written co..unlcations. 7. The plaintiff desires that the defendant be enjoined fro. harassing and stalking the plaintiff, and free harassing the plaintiff's relatives. 8. The plaint iff desires that the defendant be restrained fr~ entering her place of e.plor-ent and day care facility of the .Inor child. 9. The plaintiff desires that the defendant be enjoined frOll rellOvlng, d8llllglng, destroying or selling any property owned joint Iy by the part les or owned by the plaintiff. B. EXl1USIYB ro8SBSSIU. 10. The IIOblle hOllC fro. which the plaintiff Is asking the Court to exclude the defendant Is rented In the nsllCs of Paula A. Oarhower and Melvin H. Nailor, Jr. The defendant has been residing with his Mther since his arrest on or about August 13. 1995. The plaintiff docs not seck to evict the defendant frOll his current residence. 11. The plaint I ff desires possession of the IIOblle hollll so as to give the greatest degree of continuity to the life of the child. C. lnARPJI AND ATIOlNBY - 12. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attBched. 13. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. D. TIMUlARY rusTODY 14. The plaintiff seeks te.porary custody of the following childl ... Present RIle idenc:e 611I 185 Big spring Terrace Newville, PA The child was born out of wedlock. 2 years old 008: April 30, 1993 Fe llcia Nailor The child is presently In the custody of the plaintiff, Paula A. Darhower. who resides at 185 Bla spring Terrace, Newville, ClIIIberland County, Pennsylvania. Since the child's birth she has resided with the following persons and at the following addresses I ... Addresses DAtU Plaintiff 185 Big Sprlna Terrace Newville. PA August 1l, 1995 to the present Plaintiff and defendant 185 Bia Spring Terrace Newvi lie, PA Novellber, 1994 to August Il, 1995 April 10, 1993 to Novelber, 1994 Plaintiff, her mother, her 2 brothers, and her grandmther 160 Big Spring Terrace Newville, PA The plaintiff, the ~ther of the child, Is Paula A. Darhower, currently residing at 185 Big Spring Terrace, Newville, CUaberland County, Pennsylvania. She single. The plaintiff currently resides with the following person I - Pe IIcia Nailor Reist ionship her daughter t, . ~"'-', The defendant. the father of the child, Is Melvin H. Nailor, Jr., currently realdlng at S07 Shed Road, Newville, CUaberland County, Pennsylvania. He Is single. The defendant currently resides with the following persons I ,.. RelatlOllllhlp Nary Nailor hla eother IS. The plaintiff has not previously participated In any Iltlsatlon concerning custody of the above santloned child In this or any other Court. 16. The plaintiff has no knowledge of any custody proceedlnaa concerning thla child pending before a court In this or any other jurisdiction. 17. The plaintiff does not know of any person not a party to this action who has phyalcal custody of the child or clalas to have custody or vlaltatlon rlghta with respect to the child. 18. The best Interest and peraanent welfare of the alnor child will be sat If custody Is teaporarlly granted to the plaintiff pending a hearing In thla satter for reasons InclUding: a. The plaint Iff Is a responsible parent who can best take care of the alnor child and has provided for the eeotlonal and physical needs of the child since her birth. b. The defendant has shown by his abuse of the plaintiff that he Is not an appropriate role BOdel for the minor child. c. The defendant's behavior has adversely affected the child. IWlEREf"ORl!, pursuant to the provisions of the "Protection froe Abuse Act" of October 7, 1976,23 P.B. 86101 U l!lIQ., as slHlnded, the plslntiff prays thla Ifonorable Court to grant the following relief: A. Grant a Te.porsry Order pursusnt to the "Protection froe Abuae Act:" I. Ordering the defendant to refrain frOll abusing the plaintiff or placing her in fear of abuse, 2. Ordering the defendant to refrain frOll havina any direct or Indirect contact with the plaint i rr InclUding, but not II.ited to. telephone and written c~lcationa, 3. Ordering the defendant to refrain froe harassing and stalking the plaintiff and fro. harassing her relatives, 4. Prohibiting the defendant froe enterlna the plaintiff's place of e.ploYllllnt or the day care faci U ty of the sinor childl S. Prohibiting the defendant froe reeovlna. d811a8ina. destroyina or se lUng property jointly owned by the parties or owned by the plaintiff, 6. Grant ing possession of the eobile hoee located at 18,5 Big Spring Terrace, Newvi' Ie, eu.berland County, PennsYlvania. to the plaintiff to the exclusion of the defendant pending a finsl order in this matterl 7. Ordering the defendant to stay away fro. any residence the plaintiff ~y in the future establish for herself, and 8. Granting temporary custody of the .lnor child to the plalntl ff. n. Schedule a hearing In nccordance with the provisions of the "Protect Ion from Abuse Act ," and, after such hearing. enter an order to be In effect for a period of one year: I. Ordering the defendant to refrnln froll abusing the plaintiff or placing her In fear of abuse. 2. Ordering the defendant to refrain froe having any direct or Indirect contact with the plaintiff Including. but not limited to. telephone and written co..unlcatlons. 3. Ordering the defendant to refrain froe harassing and st~lklng the plaintiff and froe harassing her relatives. 4. Prohibiting the defendant fr~ entering the plaintiff's place of ellploYllllnt or the day care faelll ty of the lllnor child. S. Prohibit Ing the defendant froe re.,vlng, dasaglng. destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Granting possession of the .,blle hoee located at 185 Big Spring Terrace. CUmberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendsnt to stsy swsy froe any residence the plslntlff may In the future establish for herself. 8. ordering the defendant to relllburse the plslnt Iff's out- of-pocket losses suffered as a result of the abuse Includlna but not Ilml ted to the los8e8 listed on the at tached sheet marked Exhibit A. 9. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without p8YJ1Ont of fees and costs uy the plaint I ff, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the Pennsylvania state Police who have jurisdiction to enforce this Order. The plaintiff prays for such other relief 88 laY be just and proper. aun' II CUSTOOY ,- l'lafIlYLVANIA aJ8TOOY LAW 19. The allegations of rDunt I above are Incorporated herein 88 If fully set forth. 20. The best Interest and persanent welfare of the sinor child will be served by conflr.lng custody In the plslntlff as set forth In Paragraph 18 of the Pet! t Ion. VlHEREFORE, pursuant to 23 P.S. B 5301 III K9., and other applicable rules and law, the plslntlff prays this Honorable Court to award custody of the .Inor child to her. The plaintiff prays for such other relief as laY be just and proper. Respect fu Ily subel t ted I / -{1I\'1 t; u' J Carey, All lJIW. IIIlRV I CE8, IHe. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Date: q I;) I /q '\ , '~ ,J,.l....Jo...f:J.1 lh....."-t.I\..J Paula A. Ilarhower, Pllllntlff The IIhove-nllmml plllinllff, Pnulll A. Ilnrhower, verifies lhlll the statements mlllle In the IIbove Pell t Ion lire true IInd correct. The pllllnt Iff understllnds thnt false stlltements herein lire mllde subject to the Jlenllllles nf IR Pa.C.S. 04904 rellltlng tn unsworn fnlslficntion tll lIuthorltles. PAULA A. DARHOWI!R, Plaintiff IN nm OOURT OF CON<<lN PLEAS OF CUMBERLAND COUNTY, PtlINSYLVANIA v. NO. 95- CIVIL TERM MELVIN H. NAILOR, JR., Defendant PROTECTION fR<* ABUSE AND CUSTODY our-()ll-~ I filUIRA The plaintiff requests that the defendant rel.burae her out-of-pocket losaes, Including but not li.lted to the followingl Cordless telephone broken by the defendant during the Incident listed on or about Auaust 13, 1995. $60.00 Telephone broken by the defendant during an araueent. S1ll..JHl 'IOl'AL 008TII '130.00 Illlhibit A e -t ~ ~ - = D- IM o -::r ~"" 0- I-> = i- :PI ~!"" ~ .r 1-- ld, '.: ." \.,'. t. " \ . Vllv! ,j'/.'JY ;'i W',_j., ;1,1 l ; i . ~, \";.! ili:, 'i"', ,,- ,j ~ l' : i '_;j ql 'I: '1'\ Hi ',I, j; ii II '1 itf" (1'1 .1;: " d' ,1,-' I; ,;- l!L I' \ 'I I i;j 'I <Hi." :'1.;. !; p' d d ., ;L ;T '.i PAULA A. DAR/IOWER. Plaintiff IN TIlE COURT OF CON<<>N PLEAS OF CUMIIERLAND COUNTY, PENNSYLVANIA v. NO. 95-5344 CIVIL TERM MELVIN H. NAILOR, JR., Defendant PROTECTION FROM ABUSE AND CUSTODY PItOI1!CTI~ 0RDIlR . AND NOW, this II day of October, 1995. upon consideration of the Consent Agree~nt of the parties, the following Order Is enteredl 1. The defendant, Melvin H. Nailor, Jr.. Is enjoined fro. physically abusing the plaintiff, Paula A. Darhower, or from placing her In fear of abuse. 2. The defendant Is enjoined frOll having any direct or Indirect contact with the plaintiff including, but not limited to, telephone and written ~unicatlons, except for the limited purpose of facilitating custody arrangellllnts. 3. The defendant Is ordered to refrain froe harassing and stalking the plaintiff and from harassing her relatives. 4. The defendant Is prohibited fro. entering the plaintiff's place of employment or lhe day care facility of lhe minor child. 5. The defendant Is prohibited from re~ving. damaging, destroying or selling any property owned by the plaintiff or jolnlly owned by lhe parties. 6. The defendant Is ordered lo stay nway from lhe plaintiff's residence located at 185 Big Spring Terrace, Newville, Cumberland County, Pennsylvllnla. 7. The defendant I s ordered to stny nwny from any res Idence the plaintiff may In lhe fulure establish fur herself. 8. The defendant is ordered to reimburse the plaintiff's out-of-pocket losses of $t30.00 suffered ss 11 result of the shuse including hut not II.Hed to the losses listed on the sttnched sheet marked Exhibit A. The total sPOunt of losses shall be reimbursed to the plsintiff within 60 dsys of the entry of this Order. An awn I'd under this chapter shall not constitute a bar to Iltlgstlon for civil d61118ges for Injuries sustained from the acts of abuse giving rise to the award or n finding of contempt under this chapter. 9. court costs and fees nre wnlved. 10. This order shall remain In effect for a period of one (I) year and can be extended beyond that tlllo I f the Court finds that tho defendsnt hss co_Hted nn nct of abuse or has engaged in a pattern or pract Ice that Indicates risk of harlll to the plaintiff. Thill order shall be enforceable In the saM ~nner as the Court's prior Temporary protcctlon Order entered in this csse. II. This Order MY subject the defendant to: I) arrest under 23 Pa.C.S. 861131 il) 11 priVllte criminal complaint under 23 Pa.C.S. !I6113.11 ill) a charge of Indirect criminal contempt under 23 Pa.C.S. !I6114, punishable by iMprlsonlllent up to six months /Ind 8 fine of $100.00-$1,000.001 and Iv) c1vi I contellpt under 23 Ps.C.S. !I6114.1. ResusptiOll of co-resldence 011 the part of the plaintiff and defendant shall not nullify the provisions of the court order. 12. The Pennsylvanl/l State police shall be provided with a certified copy of this Ordcl' by the plaint Iff's nllnrlley nnd msy cnforce this order by nrrest for Indirect criminal cOlltempt without wllrrnnt UIX11I prohnhlo cause that this order hilS been vlnlllted, whether or lIot the vlolntion 15 commi tted In the presence of the pnllce ufficer. In the event thnl nil arrest is made under this sect inn. the defendllllt shill I he lllken wilhnut ullneceBsllry delay before the court that Issued the order. When thRt courl Is unavallablc, thc defcndant ShRl1 be taken before the appropriate district justice. (23 P.B. 8 6113). By the Court, .,.dtL . _ ~~..- ~~V<_'" ..JlL\..u,~..1L,I~/lrl/9-\. Q .r.J.. 1i) Joan Carey LInAL SI!RVI C1!S , I He. Attorney for PIRlotlff Melvin H. NRllor, Jr. _ C\'i~;l />,,\<IIC.'( IO/I~/9S. llefendRnl ....~. 6'. PAULA A. DARJIOWER, Plalnti ff IN mE COURT OF COMI<<lN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5344 CIVIL TERM PROTECTION fROM ABUSE AND CUSTODY v. MEI.YIN II. NAILOR, JR., Defendant AND NOW, this CUSTOOY ORDER If~ day of October, 1995, upon consideration of the partiea' Consent Agreement, the following Order Is entered with regard to custody of the parties' child, Felicia Nailor. J. The plaintiff, hereinafter referred to as the IIOther, ahall have prlaary physical and legal custody of the child. 2. The defendant, hereinafter referred to as the father, shall hove part lal custody of the child on alternate weekends from Saturday at 9:00 a.m. until Sunday at 7:00 p,m., nnd on dates at times Nutually agreed upon by the part les. 3. The mother and father sholl alternate the following holidays frolll 10 a.lI. until 6:00 p.m.: New Yellr's Day, F.aster, MellO ri 0 I Day, July 4th, and Labor Day. The father shall begin the schedule having the child on New Year's Day, 1996. 4. The mother and father shall shore the Thanksgiving Day holiday with the father having the child from 3:00 p.m. until 8:00 p.m. 5. The mother ahall have the child each year on Christmas Eve from 6:00 p.llI. unt II christmas Day at 10:00 a.m., ami the father shall have the child on Christmas Day from 10:00 a.m. until December 26th at 10:00 a.m, 6. The father shall have the child on Fllther's [Jay and the mother shall hove the chi hi on Mothcr'll flay from lJ:OO /I,m, unt II 6:00 (I.m. . 7. The rother and father shall share the child's birthday by Mutual agreelllCnt. 8. The I1lOther and father, by mutual agreellCnt, MY vary froM this schedule at any t hMI but the order shall remain In effect until either party petitions to have It changed. 9. The IlOther and father shall not I fy the other of a II IICdlcal care the child receives while In that parent's care. r:&ch parent shall notify the other I_dlately of medical emergencies which arise while the child is In that parent's care. 10. Neither party shall do anything which IIllIY estrange the child frOlll the other parent, or Injure the opinion of the child as to the other parent or which MY hoper the free and natural developtllent of the child's love or respect for the other parent. By the Court, Joan r.arey LIlW, SI!RVICP.s, INC. Attorney for Plaintiff _ c."fu",,^W\.. -J-'t \-"'t'>~""('-J to/,v/rs. ...1,6'. Melvin II. Nllllnr, Jr. - l>e fendant ('. ~.;~~ ,......l,.l II./"t/', \ ~\J 6 . PAULA A. DARHOWF.R, Plaintiff I N TIlE COURT OF aM<<JN PLEAS OF 'I. ClJIIlERLAND COUNTY, PENNSYLVANIA NO. 95-5344 CIVIL TERN PROTECTION fR()4 ABUSE AND CUSTODY MELVIN H. NAILOR, JR., Defendant ~81M' -- , 7..... This Alreellent Is entered on this day of October, 1995, by the plaintiff, Paula A. Darhower, and the defendant. Melvin II. Nailor, Jr. The plaintiff Is repreaented by Joan carey of LEXlAL SERVICES, INC.; the defendant Is unrepresented but Is aware of his right to have an attorney. The parties aaree that the following aay be entered as an Order of Court. 1. The defendant, Melvin II. Nailor, Jr., agrees to refrain from abusing the plaintiff, Paula A. Darhower, 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 cOlBUnlcatlons, except for the limited purpose of facilitating custody arrangellen ts. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiff's relatives. 4. The defendant agrees not to enter the plaintiff's plllce of emplo)'llent or the day care facility of the minor child. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the 11Ortles. 6. The defendllnt IIgrees to stay aWllY from the plaintiff's residence located at 185 nlg Spring Terrace, Newville, Cumberland County, Pennsylvania. 7. The defendant agrees to stay away from any residence the plaintiff ~y In the future establish for herself. 8. The defcndant agrees to rclmbursc the plaint Iff's out-of-pocket losses of $130.00 suffered as a result of the abuse Including but not limited to the losses listed on the attached sheet marked Exhibit A. The defendant agrees to reimburse the total amount of losses to the plaintiff within 60 days of the entry of the Protection Order. 9. The defendant, al though enterlng Into this Agreellent, does not admit the allegations made In the Petition. 10. The defendant understands that the Protection Order entered In this satter will be In effect for a period of one (I) year and can be extended beyond that tl~ If the Court finds that the defendant has co..ltted an act of abuse or has engaged In a pattern or pract Ice that Indicates risk of harm to the plaint! ff. The defendallt understands that this Order will be enforceable In the Sllllt! sanner as the Court's prior Tellporary Protect Ion order entered In this case. II. Vlolat Ion of the Protect Ion Order may subject the defendant to: il arrest under 23 Pa.C.S. 66113; II) a prlvatc criminal complaint undcr 23 Pa.C.S. 16113.1; Ill) a charge of Indirect criminal contellpt under 23 Pa.C.S. 66114, punishable hy Imprlsonment up to six monthR and a fine of $100.00-$1,000.00; and Iv) civil contempt under 2l Pa.C.S. 06114.1. 12. The defendant /Ind the plaintiff agree to the entry of an Order providing for the following custody schedulc for their chi Id, Fel leia Nal lor. a) The mother wi II hsve primary physical and legal custody of the chilli. b) The fllther will have part 1111 custody of the child on al ternate weekends from SlIturday at 9:00 a.m. until Sunday at 7:00 p.m., and on dates at times mutually agreed upon by the parties. c) The rotheI' 1l00I father will III terrlate the following holidays from 10 a.m. until 6:00 p.m.: New Year's Day, Easter, Memorial Day, July 4th, and !.aoor Day. The fllther will begin the schedule having the child on New Year's Day, 1996. d) The mother IInd father will shllre the Thanksgiving Day holiday with the father having the child from 3:00 p.ll. until 8:00 p.m. e) The mother will have the child each year on Chrlstlllas Eve frOll 6:00 p.m. unt II Chrlstmlls Day at 10:00 lI.m., and the father will have the child on Christmas Day from 10:00 a.m. until December 26th at 10:00 a.m. o The father will have the child on Father's Day and the eother will have the child on Mother's Day from 9:00 a.m. until 6:00 p.m. g) The IIOther IInd father will share the child's birthday by mutuIII agreement. h) The mother and father, by mutual agreement, may vary frolll this schedule at IIny time but the order will remllln In effect unt II either party petitions to have It changed. I) The IllOther and father agree that each will not ify the other of 1111 medical cllre the child receives while In that pllrent's care. Each pllrent will not I fy the other Immedllltely of medical emergencies which arise while tho chi hi is in thllt pllront's cllre. j) The pllrtlell 1'0111 ize thllt their chi hi's woll bolng III I'lIr1lllOunt to IIny difforences they might hllve between themselves. Therofore, they allree that nel tiler party will do anything which MY estrange the child fro. the other parent. or Injure the opinion of the child all to the other parent or which .ay hoper the free snd natural develov-ent of the chlld'll love or rellpcct for the other parent. WHEREFORE, the part les request that /I Protect Ion and CUlltody Order be entered to reflect the above ter.s. ~...o,,' f)'lb~hACLlo.r 'Ll Paula A. Oarhower, Plaintiff ~~~U7 Attorney for Plaintiff LIlW. 8I!IlV1CBB, I He. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ??~ /,,~ ~/ 71... Z- iZL- Melvin H. Nailor, Jr., Defendant PAULA A. DARHOWER. Plaintiff IN 11fE COURT OF ca.MlN PLEAS OF v. CUMBERLAND COUNTV. PENNSYlNANIA NO. 95-5344 CIVil. TERM PROTECTION FRa.I ABUSE AND CUSTODY MELVIN II. NAlLOR. JR.. Defendant oor-oF-kASET LOSSBS The plaint i ff requests that the defendant rel.burse her out-of-pocket losses. Including but not 11.lted to the following: Cordless telephone broken by the defendant during the Incident listed on or about August 13, 1995. 560.00 Telephone broken by the defendant during an arguMent. 51Q..JlQ TOI'A1. m8TS tl30.00 Exhibit A ',',,,-- .." en ~ :>= n- ,n 1I1 to', \..... .- 1- .-, = A'!.. .- -" .d 'N I;~ t} I: ,.) ::.p ;", 'i,' ~ ' i; i" ~ . 'If r' 'jL ~':IIEB 1 FF':i I\ETlJl\1l - IilmUL^,~ CASE NOI 1995-05344 P COMMONWEALTH OF PEIlNSYLVANIAI COUIITY OF CUMIJERLMID Pf\.RHOWER__1'-,~111!t. A V~i. tiMbOR M.!:;LYJ1L!LJJi.. .J.l;RQ_LIUf'!:r,!!~:;JJTl-, .nLL_.... ....____.____. Sheriff 0\- Deputy Sheriff 01 CUMIJEHI.MlI> e""nt y, Pl?nr",y 1 vilni <I. who ~l?iClg du I y svorn accordinu to low. naYIJ. lh", vIthln r."..9_TJ::<;_1:!.9.!L[!m!LlIll\J~'1~;.u __.._.__u...___m_. WI", Ill'rved UpOIl _!!!1.!.bPR_!iEl.YJ.!L!LIIL___...... _..._u___________...________________. lhe defendant. nt .J;;'~1.~!H"-\~_ 1I0UR~>. on lhl? U.th_ day of Q'C.\,!,lbgX.__.._.._...______._._. 1995 at __ilIlll CR~r;IU'-QAP___.____.._u____...__.._... _..MU____. ....---.-..-.--.---- g!l.!lb1SLE.....J'1!. 17~'1.J.__. .._ _. __________________.._. __ ....__ ._... ___' 1;\!t1Jl!;:JUdllH'. .... -' County, P<i'lInoylv<HllU. by hUllLhnq lo MEL.V!ll !1t\lhmL._____________.________...__. a truE' tllld all.,-,sled copy ot thl? _I'BflTJ;~TJllrLn\IJ!'LAlllillL__._._.__________..._______. together v II. h TEtJfQ!it\RLJ:~_!lQI~I~U Q!l O!lJ'J::BIIP1J.t;;f;A!!J:!...J:'J-:XUEUL ------ - ...-' FOR PROTECTION Ol\J>I::H___________________.__._____.. -..-..-...- ..... -.-.-...- ...--------. and III ttw same limOi' dln?cling IlL" nt.t(,lIlioll 1_0 the cUIlt...nl" t.heIPf)!. Sheriff'G Cost,a: Doe\w t 1 nu S,nVICI? Affidavit SurchanJ" So Cln"~~s.l-/ .~ ./ """C(, y {"'" . :~- >>_'~"~?r:'u'./ <n. _A i ....,-e:;...,t -7"A-""-"": R:.-"Tholnii-l,~l\n ,,"t., '~h''''l i [[ I e. ~~12l 2.80 .00 .00 'l;:70';'11~" l~0 / 1...1(1 / '1111(1(1 h,' ~ 7LN~~'in Sworn HIHi nubfJI;l-llJt::d tn U{;.lj'll'..' rnf,' lhHJ ....!~1!:":__ d;IY of CP~...-... I 9 _..f.~__ _ A_ [', (\ . ~ I? " 7.~-<, il.n.7;. ~ ~rol:Ti"nrll.-<rl'i'"