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Home My WebLink About97-03923 \, " ~ \l ~ ~ .., ~ ~ " , \. ~ ,... .. " N I .~/ / .' { \,. .~ ..... . .. .'1 ti 4l&) ""6 ..... "l I~ to:. 0'-\ The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, 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 Hid-Cumberland Valley Regional and Pennsylvania State Police Departments will be provided with a certified copies of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indir..ct criminal cont...pt without. warrant upon probable cause that. this Order has beE"n violat...d, whether or not the violation is committ.ed in thE" presence of t.hE" police officer. In t.he event t.hat. an arrest is made under tbis section, thE" defE"ndant. shall be taken without unnecessary d..lay before the court. that. issued the order. When that. court. is unavailabl.., the "..fendsnt. !Ihall b" takl't. b"forE" th" apl'rnl'riat" dist.rict. justice. (23 Va.C.S. ~ 61131. By th" Pnmela L. Zeigler. Plaint! ff nnd on behalf of the minor child: Kenneth N.H. Zeigler vs. Dnvid K. Rosenberger Defendant. TN THE COURT OF COMMON PI,EAS OF CUMRERI,AND COUNTY, PENNSYLVANTA NO. 97 - CIVIL TERM PROTECTION FROM ARUSE NOT ICE YOII 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 th.. hearing scheduled by the Court and presenting to the Court YOllr d..fenses or objections to the claias set forth against you. YOII are warned that if you rail to do so the Court may proceed without YOII, and a judgaent may be entered against you by the COllrt without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You aay lose money or property or other rights iaportant to YOII. PRES AND COSTS Tf the case goes to hearing and the judge grants a Prot.ection Ord..r. R surcharge of $25.00 will be Ilssesst'd against you. You may al.." be required to pay att"rney r....s to I.egal Services, Inc. ror th..ir representation or the plalnt.ifr. You should take this paper to your lawyer at once. It ,au do not have a law,er or cannot afrord one, '0 La or telephone the oftice set r"rl.h below to rind oul where 'au can gel l"lClll help. COllRT AIlHINlSTRATOR, 41h nooR CUH8t:RI.ANO rOl'NTY ("()l!RTIIOl'SF CARLISI.E, prNNS'I~ANIA 17013 TEIF.PIIONIt NUHRF'R: 1711\ 240-11200 MtERU'-At!.:! "flIlt Pl~MUL.Lnt;S .It.CIQ.LUIO Ih.. ('ourl tlr 1'''..''1. PI..,,,. "r ('"",b..tl....., I'."~nt, ." t.."uir..d by law In ''''''I,I} wilh lh.. "...tlt "".. wil" Ol.."hll ili.... At. I or 1990. I'or .nfor..",1 io" ,,110111 ",",.......1111.. r.... i III if''' Itlld n'"son"bl.. ll(','n_'dAllnna """I..hl.. In .\"...111",\ i".ti~i,hll"" """'lhlC h.".in..".. I...ror.. th.. routt. I'''.,..... ,'untl\ct <>lIt nrr...... 0\11 ..rt;".c.._nl.. ."..1 "'" .".t.. .t '",,,"t 12 h...u',," pf'i\)r to "tlY hp.:\tHlC \tr h~pdt\f\.'lIIiri t;...,r,)rf& th... ."Htrt. Yt\.,. ...., I\t t.~r\\t thf' ~;'h,f'>\tul"'tt "Hnr~t''''''t r (\f' hrAif "l.t. a. On or about July 3, 1997. the defendant came to the plaintiff's residence and refused to leave when she requested that they do so. The defendant pushed the plaintiff with both his hands while she was holding her three-year-old son and poked her in the face causing her to fear for her safety and the safety of her child who was traumatized by the incident. The defendant threatened the plaintiff saying that he could "fuck her up" causing her to fear for her safety. The defendant further threatened to kill the plaintiff. b. Tn or about Hay 1997, the defendant threatened the plaintiff saying that he was going to "kick her ass. causing her to fear for her safety. c. On several different occasiona, the defendant threatened to hurt the plaintiff. On one occasion while she was pregnant, the defendant threatened to kick the plaintiff In the stomach. 5. The plaintifr helleves and t.her..fore llv"ra that ah.. And hf'r .Inor child art' in illl."diat.. a 0<1 prf'sf'nt dancer of "l...s" fro. the detendant and that they are In ne..d of prolf'..tion trolll such ..b\l"'" 6. The phlnl i rr .I.."ir.... tn"t tI,.. .1..r..,,<I..,,1 h.. l,rohlhlh"d frolll tunine ..ny "lr....1 or In,lit..", ,.",,1,,1'1 will> I.... rllllntlff or . her minor child including, hut not limited to, telephone and written communicationH, except for the limited purpose of telephoning the plaintiff's husband, Kenneth Zeigler. Jr. 7. The plaintiff desireH that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment or the day care facility of the minor child. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, dest.roying or sp.lling any property owned solely by the plaintiff. R. EXCLUSIVE 'PQt!Ul'!.lillm 10. The home which the plaint.iff is asking the Court to order thp. defendant t.o stay away from is not owned or rented in t.he defendant's na.e. 11. Th.. derendant has his own resid..nce located at 116 N. Prince Street, Shippensburlt. Penn8ylvania. C. ____Ii!liH!!!1m;r.:!!RN't.-~OlLCO.!lT OF J,ME 12. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. ~ 6101 et, M'l., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff or her .inor child, or placing them in fear of Rbuse. 2. Ordering the defendant to refrain fro. having any direct or indirect contact with the plaintiff or her minor child including, but not limited to, telephone and written co...unkaUons. except for the li..ited purpose or tf'lephoning the plaintiff's hllab<lnd, Ketmeth Z..igler, Jr.. 3. Ord..rinC the der..ndllnt to r..rrlliu froe har."....nc >lnd ,.t a lit i nit t hI' 1.1,,1 uU rr ami froe '..nll....lnl( the plainll ft',. ......I"t 1\..111. .. 4. Prohlbltin~ th~ defendant from ent~rin~ the plaintiff's place of employment and the day care facility of the minor child. 5. Prohibiting the defendant from removing, damaging, d~stroylng or selling property owned solely by the plaintiff. 6. Orderln~ the defendant to stay away from the plaintiff's residence located at 155 Duncan Road, Shlppensburg, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. B. Schedule a h..aring In ac(:ordance with the provisions of th~ "Protection fro. Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: I. Ordering the defendant to refrAin frail abusing the plaintiff or her .Ior child, or placing the. In feAr of ahus... 2. Ordering th.. .,..fendant to refrain fro. havlnl any direct or Indlr..ct contarl with th.. plaintiff or h..r .Inor dllltl Indu<llnl, but not 1llIlt..d to, tplephon.. and writ.t..n co..unll'A'lom", ..xc.."t. tor th.. 1I.lt..<I 1'''1.'1'0'''' (It ,..I.."hol\II\. ttl.. I,talnt IU'. huahat..I, 1I.."n..t.h 1..111(1..1.', Jr. , 3. Ordering the defendunt to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment or the day care facility of the minor child. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 155 Duncan Road, Shippensburg, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 7. Ordering the defendant to pay $250.00 to reimburse one of l,egal Services, tnc. 's funding sources for the cost of litigating this case. The plaintiff further asks that. t.his Petition be filed and served without. payment of feell and costs hy the plaintiff, I>pnding II further order at. t.he hearing, and that certified copies of this Petillon and Ord..r be delive,...d t.o the Mid.Cumherlllnd 6 ~'l . .' ." l". .. - " ,,:. ,:,3 <- .~ - . " 'Q :.. ",.. ;:: I.t!~: ! ,f.} . ,t- ~ v- V (. .. f.'r. C :-- t~ o ...... ;;;.. ; v .~ , " (Aj h 6, 'The defendant i~ ordered 10 stay away from the plaintiffs residence located at I SS Duncan Road, Shippenshurg, Cumberland Cnunty, Pennsylvania, and any' lllhcr residence the plaintiff may establish. 7. The court costs and lees are waived. II. This Order shall remain in ellcetlor a period ot one year or until modified or temUnated by the Court. the Order C3l1 be extended beyond its original expiration date if the Court finds that the delendant has committed another act of abUliC or has engaged in a pattern or practice: that indicates continued risk of harm to the plaintiJI 9. A "ioIation of this UrJer may subject the Defendant to: i) arrest under 23 Pol.C.S. ~6113; 0) a private criminal complaint undc:r 23 Pa.C.S. ~6113.1; ill) acharge of indin:ct eriminal contempt Wldc..,. 23 Pa.C.S. ~611". pw1ishablc by imprisonment up to si'\; months 3I1d a fine of SHlO.OO-SI,OOO.OO; and iv) cn.i1 contempt WIder 23 Pa.C.S. ~611".1. Reswnplion of co- rnidence on the part of the plaintiff 3I1d Defendant shaD not nullify the prO\isions of the court order. 10. The Penn.~i\.-ania State and Mid..('umt"..rland VaB~' Regional Police Departments shaD be prmWed \lith certified copies of this Order by the plaintiffs attorney and IN)' enforce this Order by arn:st lOr indirect criminal contempt \\ithout WatT3I1t upon proNNe cause that this Order has been "1oIated. "ilethcr or not the \;O/alion it committed in the praence of a poIKc officer. In the t\'mt that an annt " made under this lICCllon, the delmdant sh.tU be w.en Mthout