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Home My WebLink About94-02270 ) J v. IN 1lIE rnURT Of cot.N>N PLf.AS Of CllMIIERLANIl COUNTY, PENNSYl.VANIA NO. 94- JJ.7lJ (~IVIL TERM PROTliCTJON A((lM AnUSE WENDY S. STILL. PlaIntiff FAIHAN KIRKENDALL, Defendnnt mlI'OAARY I'H!lIETl!KJ!lIDHB AND NOW, this --iR~"!1- dny of April, 1994, upon presentation amI consideration of the within Petition, nnd upon finding thut the plaintiff, Wendy S. Stili, now residing nt Illl Regency Woods North. Carlisle, CumberluOlI county, Pennsylvania, is In immediate and present danger of ubuse from the defendant, Fabian Kirkendall, the following Temlxlrary Order is entered. The defendant, Fabian Kirkendall. whose cu....ent residence is unknown to the plaintiff, is hereby enjoined from physically abusing the plaintiff, Wend)' S. Still, or placing her In fear of abuse, The defendant is excluded from the plaintiff's residence located at 118 Regency Woods North, Cnrlisle, cumberlaOlI County, Pennsylvnnla, a residence which Is jointly owned solely by the plaintiff. The defendant Is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he muy be In Indirect criminal contempt which is punishable by a fine nnt to exceed $1,000.00 nnd/or by a sentence of up tn six months in j/lll /lnd /lny other upproprinte punillhment. Resumptlnn of co-residence on the part of the plaintiff nnd defellllantshllll not nUllify the provisions of the court order directing the defcndnnt to refrnln frnm abusing the plulntiff. The defendnnt III nl'llered to refrnin from hnving nny direct or Indirect contact with the plnintlff InclUding, but not limited to, telephnne and written communicntions, except for the limited purpose of fncllitntlng custody lI....nngementll. WENDY S. STILL, I N TIm COURT OF cor.M>N PLEAS OF CUMDERLAND COUNTY, PENNSYLVANIA NO. 94- J,;)'70 CIVIl. TERM Plaint I ff v. FABIAN KIRKENDALL. Defendant PROTr,crION FROM ABUSE NOTICE You have been sued in court. I f you wish to defend against the claims set forth in the following pages. you must tuke action promptly after this Petition. Order and Notice ore served, by uppearing personally or by attorney at the hearing scheduled by the Court and present Ing to the Court your defenses or objections to the claims set forth against you. You are warned that If you fall to do so the Court may proceed without you. und 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 plaint Iff. You may lose money or property or other rights Important to you. YOU SHOOI.D TAKE TIllS PAPER TO YOUR I.AWVI-:R AT ONCR, IF YOU 00 I<<JI' HAVE A I.AWYER OR ('.ANr<<Jf AFFORD <1m. 00 TO OR Tm.EPllONE TIlE OFFICE SRT 1-llR11f BELOW TO ..-r NIl our WIIRRE YOU C,AN 01-:1' I,OOAJ, IIELP. mURT ADMINISTRATOR, 4th FLOOR CllMBERLAND COUNTY COURTHOllSE CARLISLE, PENNSYLVANIA 17013 TELEPIlON..: NUMBER: (717) 240-6200 the floor. The plaint 1 ff telephoned the Middlesex Township Police IJcp/lrtment nnd the police removed the defendant from the residence. S. The plaint iff believes and therefore livers thnt she III In Immediate and present danKer of abulle from the defend/lnt /Ind that she Is In need of protection from such abuse, 6. The plaintiff desires that the defendant be prohibited from having any direct or Indirect cllnt/lct with the plaintiff Including, but not limited to, telephone and written communlc/ltlons, except for the limited purpose of facilitating custody /lrrungements. 7. The plaintiff desires that the defendant be enjoined from harassing and st/llklng the pl/llntlff, /lnd from harassing the plaintiff's family. 8. The plaintiff desires that the defendant be restrained from entering her place of emplo)'ment /lnd the day care f/lei I ity of the minor child. 9. The pl/llntlff desires th/lt the defendant be enjoined from removing, dsmaging, destroying or Iwlllng nny property owned jointly by the parties or owned solely by the plaintiff. n. F.xCJ.USIVF. rosSI;SSI~ 10. The mobile home from which the plnlntl ff Is asking the Court to exclude the defendant Is owned In the nnme of Wendy S. Smith. 11. The plnlntlff currently hns no pl/lce to stay with her child except her home, and the defendnnt moved out on April 9, 1994, and has been staying elsewherll, ~-.J'l!1rffilIT 12. The defendant hils II duty tn support the mlnnr chi Id. 13. The defendant Is emplnyed lit Excel I.oglstlcs, Salem Church Road, Mcchanlcsburg, cumberlllnd CoUnl)', Pennsylvllnin, IIml hils annual 6alary of apprnxlmlltely $22,000. 14, The plnlntlff's Income Is Insufrlcienl tn provide for her minimal needs and those of the chi Id until such time liS a support nrder can be obtained by riling at the Domeslfc Rellltlons Office, 15. The plllintlff peUlloned for support on April II, 1994. P"--WSSF~'l 16. The plaintiff IIsks for allnrney's fees for I.egal Services, Inc., nnd fll ing and service fees of this lawsuit pursuant to the Protect ion from Abuse Act. WHEREFORE, pursuant to the pro\llsions of the "Protection from Abuse Act" of October 7, 1976, 23 I'.S. 66101 et l!!lli., 115 IImended, the plaintiff prnys this lIonorable Court to grllnt the following rei ief: A. Grant a Tempornry Order pursuant to the "Protect Ion from Abuse Act:" I. Ordering the defendnnt In refrnin from abusing the plnint I ff lind/or placing her In fear of IIbuse; 2. ordering the defeOllnnt to refrain from having any direct or Indirect contact wilh the plalnUff Including, hut not Ilmitell tn, telephnne nnd written cnmmunlcntiolls, except to fllci Iltllle custody IIrrnngementsl 3. Ordering the defendant to refrnln from harassing and stalking the plaintiff IInd from hllrnsslng the plaintiff's family; 4. Prohibiting the defendant from entering the plaintiff's place of employment ami dny cllre faelll ty of the minor child; 5. Prohibiting thc defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned sole Iy by the plalnli ffl 6. Grant ing possess Ion of the mobile home located at 118 Regency Woods North, Cllrl isle, Cumber.land County, Pennsy I vlln ill , to the plaintiff to the exclusion of the defendant pending a final order in this matter, and 7. Ordering lIllJ defendnnt to stay away from any residence the plaintiff mny in the future estahllsh for herself. B. Schedule a hellrlng in nccorclance with the provisions of the "Protect ion from Abuse Act," and, after such hearing, enter an order to be In effect for n period of one year: I. Ordering the defendant to refrain from abusing the plaintiff nnd/or plllcing her in fenr of abuse. 2. Ordering the defendant to refrain from hllvlng any direct or indirect contnct with the plaintiff Including, but not Ilmlled to, telephone and written communications, except to faei I i tllte custody nrrangements. 3, ordering thc defendant to refrain from harassing and stalking the pllllntlff IInd from hnrnsslng the plaintiff's family. 4. Prohlhlting the dllfcndllnt frum entering the plaintiff's plnce of llmployment nOli the dny cnre fnclllty of the minor child. S. Prohlhlting tllll ddllOllnnt from removing. damnglng. destroyln!! nr selling prnper\)' Jnlntly owned hy the pnrt les or owned snlely hy thll plaintiff. 6. Orllntlng pnssm;ston nf the mobile home locnted nt 118 Regenc)' Woods Nnrth. Cnrllsle, CUmberland ('~unty. I'llnnsylvnnln, tn the plaintiff to the exclusion of the defendnnt. 7. Ordering the defendnnt to stay nwny from any residence the plaintiff mllY In the future establish for herself. 8. Omntln!! support to the minor chi Id In the amount of $50.00 per week pa)'nble to tllll plaintiff in the form of a check or money order. mill led to her residence. 9. Ordering the defendllnt tn pay all costs of filing and service nf this lawsuit nOlI attorney's fees tn Legal Services, Inc, The plaint I ff further IIsks IImt pending II further order lit the henrlng that certified copies of thts Petition nnd order he delivered to the Middlesex Township nnd East Pennsborn Tnwnshlp Pol ice Ollpllrtmcnts who hnvc Jurisdiction to onforcll this Order, t ~ ~ ~ . .. ," ~ (;)<:l I::) ;../ ,. r c' '1 .~ .. ,0 , .: .., ~ .. ..' ~ lrl .' ~ " ... ,<:l V) V) ~ :t: - '" <::I I'J ''n r" ~w~ , . . ,. ~ t- ~ -.r: ,.. ~ .~ ~ SilER I I'~' I S RE'I\IRN ~'I11 OF PENNSYLVANIA, COOtIl'Y OF CLMBERLAND In The Court of Common Pleas of Cumberland county, pennsylvania No, 94-2270 Civil Term Temporary Protective Order Protection From Abuse, Notice and Petition for Protective Order Wendy S, still VS Fabian Kirkendall Wesley Cook , sKH:Jllfl!~&puty Sheriff of CUnberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Temporary Protective Order Protection From Abuse, Notice and Petition tor ~rotect1Ve uraer upon Fabian Kirkendall , the defendant. at 6110 o'clock P ,M, DKI roST, on the 02 May . 1!P4 at day of 245 Salem Church Road. Mechanicsburg. PA 17055 Pennsylvania, by handing to Fabian Kirkendall . Cumberland County. a true and attested copy of the Temporary Protective Order Protection Fr9m Notice anO ~etitiOn tor protective urder and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon, Sheriff's CostSI Docketing Service Affidavit Surcharge So answers I ~' ~ ,. - ("P.- ~ . .' ,~. . ..- ...". ,.,~~"...,.,.f': --,/g-... 1- - - R. Thomas Kline. Sheriff 14,00 6,72 2,00 22.72 Pd, by Pltff, 5-03-94 bYI//t4d-fV DeP6iY Sheriff Sworn and subscribed to before trC this at!::: day of fiL"'1 19 A.D. ((If ~..- (,' Ill.lrf. I ~7 Prothonotary II!MJY a, 8T1U., IN mE lXlURT OF lXIlDJ PLI!A8 OF Plaint Iff v. ctMlERLAND OOUNI'Y, P!NNSYLVANIA NO, 94-2270 CIVIL TERM PROTBCTI()I FROM AIlllSE FABIAN KIRKENDALL. Defendant AND NOW. thla HQjllLTIYB I1IImIII 1. day of Nay, 1994, upon consideration of the COnlent Aareesent of the parties, the followl"l Order Is entered I I. The defendant, Fabian Kirkendall, Is enjoined froe physically abullna the plaintiff. Wendy S. Stili, and/or froe ~Iaclng her In fear of abuae. 2. The defendant Is ordered to refrain froe haraaslng the plaintiff. 3. The defendant Is prohibited fro. relOvlna, daaaglng. destroying or sellina any property owned by the plaintiff or jointly owned by the parties. 4. this Order shall reaaln In effect for a period of one year. S. The Middlesex and East Pennsboro township Police Departsents shall be provided with certified copies of this order by the plaintiff's attorney and say enforce this Order by arrest for Indirect crlslnal contespt without warrant upon probable cause that this Order has been violated, whether or I1llt the violation is cossitted in the presence of the police officer. In the event that an arrest Is aade under this sect lon, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court II unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. 86113). By the Court, ..~:.~ / . ,,' ..' -' WENDY S. STILL, IN 11tE tOORT OF CXM<<lN PLEAS OF ClMlERLAND COUNTY, PeIISYLVANIA NO. 94-2270 CIVIL TBRN I PROTBCTI<>>I f1IOM ABUSE Plaint! ff v. FABIAN KIRKENDALL, Defendant aIUIIlNJ' ---,. tJ'rt- This Aareesent is entered on this Z. day of May, 1994, by the plaintiff, Wendy S. Still, and the defendant, Fabian Kirkendall. The plaintiff is represented by Joan Carey of LEXIAL SBRVICES, INC., the defendant is unrepresented but Is aware of his right to have an attorney. The parties aaree that the following eay be entered as an Order of Court. 1. The defendant, Fabian Kirkendall, agrees to refrain froe abusing the plsintiff, Wendy S. Still, and/or placing her in fear of sbuse. 2. The defendant agrees not t~ harass the plaintiff. 3. The defendant agrees not to rellOve, dasaae, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 4. The defendant, although enterinl into this Aare_nt, does not adsit the alleaations sade in the Petition. 5. The defendant understands that the Protective Order entered in this satter shell be in effect for a period of one year. 6. The defendant understands that this Order shell be enforceable in the s8llll118nner as the Court's prior Te.porary Protective Order entered in this case. 'MfEREFORE, the part ies request that a Protect ive Order be entered to reflect the above terms. , ~1tLl~41UJ~ Fabian Kirkendall, Defendant