HomeMy WebLinkAbout00-02513
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YVONNE S. ECKERT,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 00-2513 CIVIL TERM
DAVID R. ECKERT,
Respondent
PROTECTION FROM ABUSE
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AND NOW, this 1- c( day 0
. 2000, upon consideration of
the attached Petition to Extend the Protection from Abuse Order, a hearing is hereby scheduled
for Iun~~ ~ . 2000, in Courtroom No. ..3 . at j: 3 () o'clock R.M"
CmUberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013,
George E. offer, President Judge
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YVONNE S. ECKERT,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 00-2513 CML TERM
DAVID R. ECKERT,
Respondent
PROTECTION FROM ABUSE
PETITION TO EXTEND THE
PROTECTION FROM ABUSE ORDER
AND NOW, this 18th day of October 2000, comes the Petitioner, YVONNE S.
ECKERT, by her attorneys, Irwin, McKnight ;&Hughes, and makes the following Petition to
Extend the Protection from Abuse Order:
1.
The Petitioner is YVONNE S. ECKERT, an adult individual presently residing at 101
Silver Springs Road, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2,
The Respondent is DA VlD R. ECKERT, an adult individual residing P. 0, Box 1342,
Mechanicsburg, Cumberland County, Pennsylvania 17055,
3.
The parties entered in a Stipulation dated May 4, 2000, for the Protection from Abuse of
Yvonne S. Eckert. The petitioner desires that this be extended for a period of six (6) additional
months. A copy of the Order of Court and Stipulation are attached hereto and are made a part of
the Petition and marked as Exhibit "A",
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4.
The current Protection from Abuse Order expires on November 4, 2000, The petitioner
remains in fear of the defendant, David R. Eckert, She seeks an extension of his Order for an
additional period of six (6) months,
5,
The parties now live separate and apart.
6.
The petitioner requests that her exclusive possession of the marital home at 101 Silver
Spring Road, Mechanicsburg, Pennsylvania 17050 be continued,
WHEREFORE, petitioner, Yvonne S, Eckert, respectfully requests that this Honorable
Court to extend the Protection from Abuse.
Respectfully submitted,
By:
Date: October 18, 2000
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YVONNE S. ECKERT,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 00-2513 CIVIL TERM
DAVID R. ECKERT,
Respondent
PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW, this -se-1ay of May 2000, upon presentation and consideration of the
within Stipulation and Agreement, the following Order is entered.
The defendant, DAVID R. ECKERT whose current address is P. O. Box 1342,
Mechanicsburg, Cumberland County, Pennsylvania 17055, is hereby enjoined from physically
abusing the plaintiff, YVONNE S. ECKERT, or their minor children, or placing them in fear of
abuse and is ordered to stay away from any location where they may reside for a period of six (6)
months from the date of this Order of Court, The defendant is hereby notified that if he fails to
follow this Order, he may be in indirect criminal contempt which is punishable by a fine not to
exceed $1,000.00 andlor by a sentence of up to six months in jail and any other appropriate
punishment.
The petitioner, Yvonne S, Eckert, is granted exclusive possession of her home located at
101 Silver Springs Road, Mechanicsburg, Pennsylvania 17055,
The petitioner, Yvonne S. Eckert, is granted primary physical custody of the minor
children, David B. Eckert, born February 2, 1984, Andrew 1. Eckert, born June 15, 1986, and
Joshua R. Eckert, born January 7, 1990,
The respondent, David R, Eckert, is granted temporary physical custody of the minor
children provided that they are willing to go with him during the periods of temporary physical
custody:
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a, On alternate weekends beginning on Friday evening, May 5, 2000 at a time
to be set by the parties until Sunday evening on or before 8:00 p,m,
b. At other times as the parties agree,
c. Transportation will be supplied by the party picking up the children,
d, The parties agree to refrain from the use of alcohol or illegal drugs while
they have custody of the children.
e. The respondent will have the right to telephone the children each day
without violation of this Order of Court,
. The respondent, David R. Eckert, is ordered to pay the costs of this PF A action which is
the sum ofForty-Five and 50/100 ($45.50) Dollars plus Thirty-Two and 96/100 ($32.96) Dollars
for a total sum of Seventy Eight and 46/100 ($78,46) Dollars. Said sum to be made payable to
Irwin, McKnight & Hughes. The respondent is not ordered to pay plaintiffs legal fees,
The Pennsylvania State Police and District Justice Thomas Placey will be provided with a
copy of this Order by attorneys for plaintiff, This Order' shall be enforced by any law
enforcement agency where a violation occurs 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 unavailable, the defendant shall be arraigned before the appropriate
district justice, (23 Pa,C,SA S6113).
BY THE COURT,
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YVONNE S. ECKERT,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
STIPULATION AND AGREEMENT
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NO. 00-2513 CIVIL TERNi
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PROTECTION FROM ABUSE':
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Respondent
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THIS STIPULATION AND AGREEMENT is made May J! ;,..., 2000 , by and
between Yvonne S. Eckert of 101 Silver Spring Road, Mechanicsburg, Cumberland County,
Pennsylvania, hereinafter referred to as "Petitioner," and David R. Eckert of P. O. Box 1342,
Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Respondent"
WHEREAS, both parties to this stipulation agree to the Court Order and neither party
admits or denies any allegation in the petition;
WHEREAS the respondent has agreed to enter into this stipulation willingly,
understanding its force and effect
NOW, THEREFORE, in consideration of the mutual covenants, promIses and
agreements as hereinafter set forth, the parties agree as follows:
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Respondent agrees to refrain from abusing, threatening with violence, harassing or
visiting the petitioner at any place or any time; and for a period of six (6) months from the 4th
day of May, 2000,
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2.
Respondent agrees to be excluded from any residence where the Petitioner may reside;
3,
It is understood by the parties that notwithstanding this agreement, the respondent neither
admits nor denies the allegations contained in the petition,
4,
, The respondent agrees to pay for the costs of the Protection from Abuse action to Irwin
McKnight & Hughes for a total of $78.46, The respondent is not ordered to pay the plaintiff's
legal fees,
5.
Pending further Order of Court, the petitioner will have primary custody of David B.
Eckert, born February 2,1984, Andrew L. Eckert, born June 15, 1986, and JoshuaR. Eckert,
born January 7,1990,
6.
The respondent, David R. Eckert, is granted temporary physical custody of the minor
children provided that they are willing to go with him during the periods of temporary physical
custody:
a. On alternate weekends beginning on Friday evening, May 5, 2000 at a time
to be set by the parties until Sunday evening on or before 8:00 p,m.
b. At other times as the parties agree.
c, Transportation will be supplied by the party picking up the children,
d, The parties agree to refrain from the "Use of alcohol or illegal drugs while
they have custody of the children.
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e, The respondent will have the right to telephone the children each day without
violation of the Order of Court,
Intending to be legally bound, the parties enter thier hands and seals this date first set
forth above,
5- L1-00
DATE
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NNE S. ECKERT
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WITNESS
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DAVID R. ECKERT
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VERIFICATION
The foregoing Petition is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief, I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S,A. Section
4904, relating to unsworn falsification to authorities,
YV S. ECKERT
Date: )O-18-co ,2000
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YVONNE S. ECKERT,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 00-2513 CIVIL TERM
DAVID R. ECKERT,
Respondent
PROTECTION FROM ABUSE
ORDER OF COURT
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AND NOW, this 1 day of May 2000, upon presentation and consideration of the
within Stipulation and Agreement, the following Order is entered,
The defendant, DAVID R. ECKERT whose current address is p, O. Box 1342,
Mechanicsburg, Cumberland County, Pennsylvania 17055, is hereby enjoined from physically
abusing the plaintiff, YVONNE S. ECKERT, or their minor children, or placing them in fear of
abuse and is ordered to stay away from any location where they may reside for a period of six (6)
months from the date of this Order of Court, The defendant is hereby notified that if he fails to
follow this Order, he may be in indirect criminal contempt which is punishable by a fine not to
exceed $1,000,00 and/or by a sentence of up to six months in jail and any other appropriate
punishment
The petitioner, Yvonne S, Eckert, is granted exclusive possession of her home located at
101 Silver Springs Road, Mechanicsburg, Pennsylvania 17055,
The petitioner, Yvonne S, Eckert, is granted primary physical custody of the minor
children, David B. Eckert, born February 2,1984, Andrew L Eckert, born June 15, 1986, and
Joshua R, Eckert, born January 7, 1990,
The respondent, David R. Eckert, is granted temporary physical custody of the minor
children provided that they are willing to go with him during the periods of temporary physical
custody:
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a. On alternate weekends beginning on Friday evening, May 5, 2000 at a time
to be set by the parties until Sunday evening on or before 8:00 p.m.
b. At other times as the parties agree.
c. Transportation will be supplied by the party picking up the children.
d. The parties agree to refrain from the use of alcohol or illegal drugs while
they have custody of the children.
e. The respondent will have the right to telephone the children each day
without violation of this Order of Court.
The respondent, David R. Eckert, is ordered to pay the costs of this PF A action which is
the sum of Forty-Five and 5011 00 ($45.50) Dollars plus Thirty-Two and 9611 00 ($32.96) Dollars
for a total sum of Seventy Eight and 46/100 ($78.46) Dollars. Said sum to be made payable to
Irwin, McKnight & Hughes. The respondent is not ordered to pay plaintiff's legal fees.
The Pennsylvania State Police and District Justice Thomas Placey will be provided with a
copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law
enforcement agency where a violation occurs 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 unavailable, the defendant shall be arraigned before the appropriate
district justice. (23 Pa.C.S.A. S6ll3).
BY THE COURT,
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YVONNE S. ECKERT,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
DAVID R. ECKERT,
Respondent
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NO. 00-2513
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT is made Mayd 2000
, by and
between Yvonne S. Eckert of 101 Silver Spring Road, Mechanicsburg, Cumberland County,
Pennsylvania, hereinafter referred to as "Petitioner," and David R. Eckert of P. O. Box 1342,
Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Respondent."
WHEREAS, both parties to this stipulation agree to the Court Order and neither party
admits or denies any allegation in the petition;
WHEREAS the respondent has agreed to enter into this stipulation willingly,
understanding its force and effect.
NOW, THEREFORE, in consideration of the mutual covenants, promIses and
agreements as hereinafter set forth, the parties agree as follows:
I.
Respondent agrees to refrain from abusing, threatening with violence, harassing or
visiting the petitioner at any place or any time; and for a period of six (6) months from the 4th
day of May, 2000.
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Respondent agrees to be excluded from any residence where the Petitioner may reside;
3.
It is understood by the parties that notwithstanding this agreement, the respondent neither
admits nor denies the allegations contained in the petition.
4.
The respondent agrees to pay for the costs of the Protection from Abuse action to Irwin
McKnight & Hughes for a total of$78.46. The respondent is not ordered to pay the plaintiff's
legal fees.
5.
Pending further Order of Court, the petitioner will have primary custody of David B.
Eckert, born February 2, 1984, Andrew 1. Eckert, born June 15, 1986, and Joshua R. Eckert,
born January 7,1990.
6.
The respondent, David R. Eckert, is granted temporary physical custody of the minor
children provided that they are willing to go with him during the periods of temporary physical
custody:
a. On alternate weekends beginning on Friday evening, May 5, 2000 at a time
to be set by the parties until Sunday evening on or before 8:00 p.m.
b. At other times as the parties agree.
c. Transportation will be supplied by the party picking up the children.
d. The parties agree to refrain from the use of alcohol or illegal drugs while
they have custody of the children.
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e. The respondent will have the right to telephone the children each day without
violation ofthe Order of Court.
Intending to be legally bound, the parties enter thier hands and seals this date first set
forth above.
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WITNESS
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YV NE S. ECKERT
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DAVID R. ECKERT
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-02513 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ECKERT YVONNE S
VS
ECKERT DAVID R
SHANNON SUNDAY
, Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
ECKERT DAVID R
the
DEFENDANT
, at 0019:30 HOURS, on the 26th day of April
2000
at 101 SILVER SPRINGS ROAD
MECHANICSBURG, PA 17055
by handing to
DAVID R. ECKERT
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
4.96
.00
10.00
.00
32.96
So Answers:
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R. Thomas Kline
04/27/2000
Sworn and Subscribed to before
me this I&J day of ~
A.D.
By:
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Deputy Sheriff
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YVONNE S. ECKERT,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
: n.. /J1J - J. 5' lJ CIVIL TERM
DAVID R. ECKERT,
Respondent
PROTECTION FROM ABUSE
TEMPORARY PROTECTIVE ORDER
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AND NOW, thisZ>l day of April 2000, upon presentation and consideration of the
within Petition, and upon finding that Petitioner, YVONNE S. ECKERT, and her minor
children, DAVID B. ECKERT, ANDREW L. ECKERT AND JOSHUA R. ECKERT, now
residing in Cumberland County, Pennsylvania, are in immediate and present danger of abuse
from the Respondent, DAVID R. ECKERT, the following Temporary Order is entered:
The Respondent, DAVID R. ECKERT, of Cumberland County, Pennsylvania, is hereby
enjoined from physically abusing the Petitioner, YVONNE S. ECKERT, and the minor
children, DAVID B. ECKERT, ANDREW L. ECKERT, AND JOSHUA R. ECKERT, or
placing them in fear of abuse and is ordered to stay away from any location where they may
reside. The Petitioner is hereby awarded exclusive possession of her residence. The Respondent
is hereby notified that if he fails to follow this Order, he may be in indirect criminal contempt
which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in
jail and any other appropriate punishment.
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The Petitioner and her minor children are granted exclusive possession of the
marital residence at 101 Silver Springs Road, Mechanicsburg, Pennsylvania 17055.
This Order shall remain in effect until a final order is entered in this case. A hearing shall
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be held on this matter on the '1 day of A"fll'H 2000, at /o;tIIJ m. III Courtroom No.
) . Cumberland County Courthouse, Carlisle, Pennsylvania.
The Cumberland County Sheriffs Office shall attempt to make service at the Petitioner's
request, but service may be accomplished under any applicable rule of Civil Procedure.
Attorneys for Petitioner will provide District Justice Placey with a copy of this Order on
behalf of Petitioner. This Order shall be enforced by any law enforcement agency where a
violation occurs 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 Respondent shall be
taken without unnecessary delay before the court that issued the Order. When that court is
unavailable, the Respondent shall be arraigned before the appropriate district justice. (23
Pa.C.S.A. 96113).
BY THE COURT,
J.
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YVONNE S. ECKERT,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
CIVIL TERM
DAVID R. ECKERT,
Respondent
PROTECTION FROM ABUSE
NOTICE
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, 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 Petitioner. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
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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 office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
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YVONNE S. ECKERT,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
:no, 1Jt>. d c:)/..3
CIVIL TERM
DAVID R. ECKERT,
Respondent
PROTECTION FROM ABUSE
PETITION FOR PROTECTIVE ORDER
AND NOW comes the Petitioner, YVONNE S. ECKERT, by her attorneys, Irwin,
McKnight & Hughes, Esquires, and presents this Petition for Protective Order under the
Protection from Abuse Act, 23 Pa.C.S.A. Section 6101 et seq., representing as follows:
I.
The Petitioner is YVONNE S. ECKERT, an adult individual presently residing at 101
Silver Springs Road, Mechanicsburg, Cumberland County, Peunsylvania 17055.
2.
The Respondent is DAVID R. ECKERT, an adult individual residing 101 Silver Springs
Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3.
The parties were married on AprilS, 1986, in Mechanicsburg, Pennsylvania.
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4.
The parties are parents of three children: David B. Eckert, born February 2, 1984,
Andrew L. Eckert, born June 15, 1986, and Joshua R. Eckert, born January 7, 1990.
5.
The parties are the joint owners of the real estate in which the parties reside.
6.
The Respondent, David R. Eckert, has engaged in a course of conduct of violence and
threats of violence directed toward the petitioner and their children.
7.
The Respondent has refused to pay income taxes and has failed to pay the mortgage. The
marital home is in foreclosure.
8.
On Sunday, April 16, 2000, the Respondent entered into a verbal altercation with the
Petitioner and the oldest son, David B. Eckert. Andrew Eckert called the police because he
feared for the physical welfare of the Petitioner and his brother.
9.
On February 1, 2000, another verbal altercation resulted in a physical struggle between
the Respondent and the oldest son, David Eckert.
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10.
The Petitioner and her children have been placed in fear of serious bodily injury due to
the Respondent's threats and past abuse. The Respondent has threatened the Petitioner with
cutting up her face. The Respondent grabbed his son and threw him to the floor and put his knee
on his chest while screaming at his son.
WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an order
providing that:
a. Respondent shall refrain from abusing, threatening with violence,
harassing or visiting the Petitioner in any manner;
b. Respondent shall be excluded from the residence of the Petitioner at 101
Silver Springs Road, Mechanicsburg, Pennsylvania, or any residence where the Petitioner
may reside; and
c. Such other relief as this Court deems necessary.
Respectfully submitted,
By:
, squire
Yvonne S. Eckert
Date: April24, 2000
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VERIFICATION
The foregoing Petition for Protective Order is based upon information which has been
gathered by counsel and myself in the preparation of this action. I have read the statements made
in this document and they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein made are subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unsworn falsification to authorities.
~A//
ONNE S. ECKERT
Date: APRIL 24
.2000
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YVONNE S. ECKERT,
Petitioner
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
DAVID R. ECKERT,
Respondent
00-2513 CIVIL TERM
PROTECTION FROM ABUSE
IN RE: PFA EXTENDED
ORDER OF COURT
AND NOW, November 8, 2000, after hearing and
consideration of the testimony presented, we extend our Order of
May 4, 2000, for six months from this date. The defendant is
cautioned that he cannot physically abuse the plaintiff or her
children or place any of them in fear of harm, which words are
in the original Protection from Abuse Order. All other
conditions of that Order shall also remain in effect.
By the Court,
Marcus A. McKnight, III, Esquire
For the Petitioner
David R. Eckert, Defendant
P.O. Box 1342
Mechanicsburg, Pa. 17055
Pa. State Police
Elmerton Ave and
Harrisburg, Pa.
Kohn Rd.
17110
District Justice Placey
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11/16/00 THU 09:02 FAX 717 240 6573
CliMB CO PROTHONOTARY
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2287
01]9p2405331
04] 924.90779
CENTRAL PROCESS
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ERROR
OF'F'ICE OF' THE PROI'H()!IK)TARY
CUMBERLAND CCUN'l'Y COUR'IllCtlSE
ONE COORTHOOSE SQUARE
CARLISLE. PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
V I ATE LEe 0 PIE R
TO:
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PA STATE POLICE
PAX ":
717-249-0779
f'R{N :
CURTIS R_ LONG
RE:
PFA ORDERS
MESSAGE:
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