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MARYANN EBERLE, I IN THE COURT OP COMMON PLEAS OP
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I CIVIL ACTION - LAW
I NO. 9$1t- CI7 - 4/ j~ CIVIL TERM
DAVID EBERLE, I
Defendant I PROTECTION PROM ABUSE
TEMPORARY PROTECTION ORDER
AND NOW, this ~ day of ::J~
, 1997, upon
presentation and consideration of the within Petition, and upon
finding that the plaintiff, Maryann Eberle, now residing at 1018
Chelmsford Drive, Mechanicsburg, CUmberland County, Pennsylvania,
is in immediate and present danger of abuse from the defendant,
David Eberle, the following temporary order is entered.
The defendant, David Eberle, now residing at 617 Allen Street,
New CUmberland, Cumberland County, Pennsylvania, is hereby enjoined
from physically abusing the plaintiff, Maryann Eberle, or from
placing her in fear of abuse,
The defendant is excluded from the marital residence at 1018
Chelmsford Drive, Mechanicsburg, CUmberland County, Pennsylvania,
a residence in which both parties resided since the date of their
marriage until the date of July 23, 1997, when defendant was
removed voluntarily from the property, and is further ordered to
stay away from said residence of the plaintiff and her place of
employment, which she now or may in the future establish for
herself .
Defendant is ordered to refrain from having any direct or
indirect contact with the plaintiff, inclUding but not limited to
telephone and written communications.
Defendant is further enjoined from harassing or stalking
plaintiff and from harassing her at home or her place of
employment.
Dfil!...d...uL ,;,,~ 1.1.jaiRoR ~~~m TiRl&"iTa~, A~"'~Sf't""g-
destrov;"go nr t:lpl1;"Sf "'-y ?.....t'1;~ '-y uwu~d by L.h~ paL L.l~.... al' 8t:flaa B~' -
t1._ plaifl5iff
A violation of this Order may subject the defendant to:
i) arrest under 23 Pa.C.S. 56113; ii) a private criminal complaint
under 23 Pa.C.S. 56113.1; Hi) 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.
This Order shall remain in effect until modified or terminated
by the Court and can be extended beyond its original expiration
date if the Court finds that the defendant has committed an act of
abuse or has engaged in a pattern or practice that indicates risk
of harm to the plaintiff.
A HBAIlING SHALL BE HELD IN THIS MATTER OF THE Y /1.. DAY OF
(it ll'....L""..f:.' ,1997, AT 1,':)/, l<.. .M. IN COURTROOM NO.
/'" 1
--2. OF'THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA,
TIn::; .,lcaluL':'[f "'-,1 t'.................d wll..l",vu,\.o Y.LC-YCllU1CUL. U.L Lees pena~ng
~ f~T'ft~I _.d~~ Q(L~~ lR- hparinn
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
Ci vil Procedure.
This Order shall be docketed in the office of the Prothonotary
and forwarded to the Sheriff for service. The Prothonotary shall
Defendant
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IN THE COURT OP COMMON PLEAS OP
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. M- '1 J- 'II .~} CIVIL TERM
PROTECTION PROM ABUSE
MARYANN EBERLE,
plaintiff
v.
DAVID EBERLE,
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 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.
PEES AND COSTS
If the case goes to hearing and the judge grants a Protection
Order, you may be ordered to pay $250.00 to CUmberland County, one
of Legal Services, Inc.'s funding sources as reimbursement for the
cost of litigating this case, and be assessed the $25.00 surcharge
and any court costs.
You should take this paper 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.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 1703
TELEPHONE NUMBER: (717) 240-6200
AMBRICANS WITH DISABILITIBS ACT OP 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.
MARYANN BBERLE, I IN TUB COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I CIVIL ACTION - LAW
I NO.ff'- q7 - t.f 13 7 CIVIL
DAVID BBBRLE, I TERM
Defendant I PROTECTION FROM ABUSE
PETITION FOR PROTECTION ORDER
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 Pa.C.S. 16101 et seq.
A. ABUSE
1. The Plaintiff, Maryann Eberle, is an adult individual
residing at 1018 Chelmsford Drive, Mechanicsburg, cumberland
County, Pennsylvania.
2. The Defendant, David Eberle. is an adult individual now
residing at 617 Allen Street, New CUmberland. Cumberland County,
Pennsylvania.
3. The Plaintiff and Defendant were married on January 23.
1997, and have resided in cumberland County since that date.
4. Since February of 1997, the Defendant has attempted to
and/or has intentionally, knowingly or recklessly caused bodily
injury to the Plaintiff and has knowingly engaged in a course of
conduct or repeatedly committed acts towards the Plaintiff which
have placed the Plaintiff in reasonable fear of bodily injury and
has actually inflicted bodily injury upon the Plaintiff. This
course of conduct includes but is not limited to specific incidents
of abuse as follows:
a. In February of 1997, Defendant did physically
strike. assault and/or push the Plaintiff to the
floor causing injuries to her and causing her to
fall down a flight of thirteen (13) stairs. This
incident caused the Plaintiff to seek and receive
medical attention at Holy Spirit Hospital, Camp
Hill, Pennsylvania.
b. On or about July 23, 1997, Defendant did violently
strike the Plaintiff with an umbrella, endeavoring
to attempt to stab her and otherwise strike her
with an umbrella while she was attempting to
operate a motor vehicle on Wertzville Road,
CUmberland County, Pennsylvania.
S. The Plaintiff believes and therefore avers that she is in
immediate and present danger of abuse from the Defendant should she
remain in the home without the Defendant's exclusion, and she is in
need of protection from abuse.
6. The incident on July 23, 1997, as aforementioned,
resulted in contacting the Hampton police who were summoned to the
scene of the residence, which resulted in tI,e police escorting Mr.
Eberle from the residence and encouraging him and actually
directing him to find alternate residence.
7. The Plaintiff desires the Defendant be enjoined from
harassing and stalking the Plaintiff at the home and/or at her
place of employment.
8. Plaintiff desires the Defendant be restrained from
entering her place of employment.
9. Plaintiff desires the Defendant be enjoined from
removing, damaging or destroying any property owned by the parties
or by the Plaintiff.
10. The home in which the Plaintiff is residing is the home
in which the parties resided from the time of the marriage to the
incident of July 23, 1997.
11. The Plaintiff currently has no place to stay except at
the aforementioned home.
12. The home is titled in the name of the Defendant, as being
pre-marital property and the Defendant does have two (2) children
to a prior marriage.
13. CUrrently the Defendant and the two children are residing
at 617 Allen Street, New CUmberland, Cumberland County,
Pennsylvania, and therefore have adequate and alternative living
arrangements,
14. Plaintiff desires possession of the home so as to give
her the greatest degree of protection and the Plaintiff has no
other place to go.
15. The Defendant has a duty to support the Plaintiff.
16. Plaintiff is in need of financial support from the
Defendant, including but not limited to health insurance coverage,
unreimbursed medical expenses and also to assist her in the day to
day costs of maintaining and operating her home.
17. Defendant is not employed but has access to assets in
stock portfolios having a value in excess of $500,000.00, plus
considerable other assets.
18. Plaintiff's income is insufficient to provide for her
minimal needs and therefore a support order is requested.
WHEREPORE, Plaintiff prays this Court to grant the relief as
requested.
Respectfully Submitted,
MANCKE, WAGNER, HERSHEY, & TULLY
Attorneys for Plaintiff
Date:
'1 /2.1/17
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By:
!~ chard ner, Esqu1re
22 orth Front Street
Harrisburg, PA 17110
(717) 234-7051
Supreme Court I.D. #23103
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MANCKE. WAGNER. HERSHEY It TULLY
IUJ NO"'M ,"OPel STAllT
M"'If'I.au"G."A 1'''10
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Mr. David Eberle
617 Allen street
New Cumberland, PA 17070
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MARYANN EBERLE, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . CIVIL ACTION - LAW
.
. PROTECTION FROM ABUSE
.
DAVID EBERLE, . ell" l..
.
Defendant . No. 97-4137 GRIMIIIAh TERM
.
ORDER OF COURT
AND NOW, this 8th day of August, 1997, upon
consideration of Plaintiff's Petition for Protection order, and
following a hearing, the petition is DISMISSED.
.
P. RICHARD WAGNER, ESQUIRE
2233 North Front Street
Harrisburg, PI. 17110
For the Plaintiff
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DEBORAH DENNISON, ESQUIRE
2331 Market Street
Camp Hill, PI. 17011
For the Defendant
Sheriff
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