HomeMy WebLinkAbout94-03888
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IRVIN LENKER, sr,.,
Plaintiff
on behalf of his minor
child I
JODIE L. LENKER
IN '1'HE COUR'I' OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - 3S~~' CIVIL TERM
vs.
PROTECTION FROM ABUSE
AND CUSTODY
JESSIE LENKER,
Defendant
TEMPORARY PROTECTIVE ORDER
AND NOW, this I~ (~ day of July, 1994, upon presentation and
consideration of the within Petition, and upon finding that the
minor child, JODIE L. LENKER, now residing at 205 susquehanna
Avenue, Enola, cumberland County, Pennsylvania, is in immediate
and present danger of abuse from the defendant, JESSIE LENKER,
the following Temporary Order is entered.
The defendant, JESSIE LENKER, now residing at 504 N.
Mountain Road, Harrisburg, Dauphin County, Pennsylvania, is
hereby enjoined from physically abusing the minor child, JODIE L.
LENKER, or placing her in fear of abuse and is ordered to stay
away from the residence located at 205 Susquehanna Avenue, Enola,
Cumberland County, Pennsylvania, a residence which is leased in
the names of Irvin Lenker and patrisha Farling and to which the
minor child moved to avoid abuse. The defendant is hereby
notified that if he resides in the plaintiff's domicile contrary
to 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.
Resumption of co-residence on the part of the plaintiff and
defendant shall not nullify the provisions of the court order
directing the defendant to refrain from abusing the plaintiff.
Temporary custody of JODIE L. LENKER, is hereby awarded to
the plaintiff, IRVIN LENKER, SR.
The defendant is ordered to refrain from having any contact
with the minor child including, but not limited to, restraining
the defendant from entering the child's place of employment or
school, from harassing or stalking the child, and from harassing
the child's relatives.
This Order shall remain in effect until a final order is
entered in this case. A hearing shall be held on this matter on
the ~/C< day of July, 1994, at /:.30 ,') .m. in Courtroom
I
NO.~, Cumberland County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed in forma pauperis pending a
further order after the hearing.
The Cumberland county Sheriff's office shall attempt to make
service at the plaintiff's request, but service may be
accomplished under any applicable rule of civil Procedure.
The East pennsboro Township Police Department will be
provided with a copy of this Order by attorneys for plaintiff.
'rhis 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 oourt that issued the order. When
that court is unavailable, the defendant shall be taken bsfore
the appropriate district justice (23 Pa.e.S.A. section 6113).
By the court,
AL
J.
IRVIN LENKER, SR.,
Plaintiff
on behalf of his minor
child:
JODIE L. LENKER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
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PROTECTION FROM ABUSE
AND CUSTODY
NO. 94 - 3 SE 3 CIVIL TERM
JESSIE LENKER,
Defendant
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.
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 17013
TELEPHONE NUMBER: (717) 240-6200
vs.
: IN THE COURT OF COMMON PLEAS OF
I
: CUMBERJ,AND COUNTY, PENNSYLVANIA
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:
: NO. 94 - 3 'Oli8 CIVIL TERM
:
: PROTECTION FROM ABUSE
: AND CUSTODY
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IRVIN LENKER, SR.,
plaintiff
on behalf of his minor
child:
JODIE L. LENKER
JESSIE LENKER,
Defendant
PETITION POR PROTECTIVE ORDER
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE ACT
23 P.S. SECTION 6101
A. ABUSE
1. The plaintiff is an adult individual whose permanent
address is 205 susquehanna Avenue, Enola, cumberland county,
pennsylvania, 17025. The plaintiff brin~s this action on behalf
of his minor child, JODIE L. LENKER.
2. The defendant is an adult individual residing at 504 N.
Mountain Road, Harrisburg, Dauphin County, Pennsylvania, 17112.
3. The defendant is the minor child's mother.
4. Since approximately 1994, the defendant has attempted to
cause and has intentionally, knowingly, or recklessly caused
bodily injury to the minor child, and by physical menace has
placed the child in fear of imminent serious bodily injury. This
has included but is not limited to the following specific
instances of abuse:
a. On or about July 4, 1994, the defendant became angry at
the child, came to the plaintiff's residence, grabbed the child
by the arm, and with her other hand, hit the child in the
shoulder. The child begged the defendant to let her go, and when
the child struggled free, the defendant grabbed the child by the
throat and the arm, forcing her to get into the defendant's van.
The defendant let go of the child's throat and grabbed her by the
hair, dragging her to the van. The child who was fearful for her
safety, struggled to get free from the defendant. The defendant
then shoved the child toward the van attempting to get her into
it, grabbed her by the front of her clothes, and slapped her in
the face, causing the child's nose to bleed. During the
struggle, the defendant slammed the child's head onto the trunk
of a vehicle. The East pennsboro Township police arrived and the
defendant left.
b. On or about June 5, 1994, the defendant shoved the child
in the back, causing the child to stumble across the yard. The
defendant then grabbed the child by her shirt and the back of her
neck, forcing her down onto the picnic table. The defendant
became so enraged that she pummeled the child about her upper
body and head with slaps and pushes. only when the child's
father pulled up did the defendant stop abusing the child.
c. During 1994, the defendant abused the child in ways
including, but not limited to, the followingl slapping, shoving,
and grabbing the child by the hair.
5. On approximately July 1, 1994, the child left her
residence at 504 N. Mountain Road, Harrisburg, Dauphin County,
Pennsylvania in order to avoid further abuse.
6. The minor child believes and therefore avers that she
will be in immediate and present danger of abuse from the
defendant, and that she is in need of protection from such abuse.
7. The minor child desires that the defendant be restrained
from entering her place of employment or school, from having any
contact with her, harassing or stalking the minor child, and from
harassing the child's relatives.
p. TEMPORARY CUSTODY
8. The plaintiff seeks temporary custody of the following
child:
~
JODIE L. LENKER
~~ent Residence
205 susquehanna Avenue
Enola, PA
Ami
17 yrs.
The child was not born out of wedlock.
The child is presentlY in the custody of IRVIN LENKER, SR.,
who resides at 205 susquehanna Avenue, Enola, pennsylvania.
During the past five years, the child has resided with the
following persons and at the following addresses:
~ ~ddresses
defendant, Irvin Jr. & Lemoyne, PA
Rebecca (child's siblings)
Dates
1989 - 1990
defendant, Dean
Eichhorn (defendant's
boyfriend) & child's
siblings
union Deposit, PA
3/90 - 11/90
same as above
711 Railroad street
Mi llersburg, PA
11/90 - 5/92
defendant &
child's siblings
defendant, Kenneth
Hinkle, Jonathan &
18 S. Lancaster st.
Jonestown, PA
5/92 - 6/93
504 N. Mountain Rd.
Harrisburg, PA
6/93 - 11/93
Jeffrey Hinkle ,
child's siblings
same location 11/93 - 7/1/94
same as above ,
Kenneth smith
plaintiff, patrisha
Farling (plaintiff's
fiancee) , Benjamin,
Sarah, Daniel Lenker
(plaintiff's children)
The mother of the child is JESSIE LENKER, currently residing
205 susquehanna Ave. 7/1/94 - present
at 504 N. Mountain Road, Harrisburg, pennsylvania.
She is married.
The father of the child is IRVIN LENKER, SR., currently
residing at 205 susquehanna Avenue, Enola, Pennsylvania.
The plaintiff currently resides with the following persons I
~
PATRISHA FARLING
JODIE LENKER
BENJAMIN LENKER
DANIEL LENKER
SARAH LENKER
Relationshio
fiance
daughter
son
son
daughter
9. The plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in
this or any ocher Court.
10. The plaintiff has no knowledge of any custody
proceedings concerning this child pending before a court in this
or any other jurisdiction.
11. The plaintiff does not know of any person not a party
to this action who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
12. The best interests and permanent welfare of the child
will be met if custody is temporarily granted to the plaintiff
pending a hearing in this matter for the following reasons I
a. The plaintiff is a fit parent who can best take
care of her child.
b. The defendant has demonstrated by her abuse of the
child that she is an unfit parent.
C. EXCLUSIVE POSSESSION
13. The home from which the plaintiff is asking the Court
to exclude the defendant is ranted in the names of IRVIN LENKER
and PATRISHA FARLING, and the defendant has never resided there.
D. ATTORNEY FEES
14. The plaintiff asks for attorney fees to be paid to
Legal Services, Inc. pursuant to the Protection from Abuse Act.
E. STATUS TO PROCEED IN FORMA PAUPERIS
15. The defendant is employed at Dauphin Deposit Bank and
has a weekly salary of approximately $250.00.
16. The plaintiff currently is employed by a trucking
company and has a monthly income of approximately $1600.00, and
supports six family members.
17. The plaintiff does not have funds available to pay the
fees for filing and service.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 P.S. section 6101 ~ ~.,
as amended, the plaintiff prays this Honorable Court to grant the
following reliefl
A. Grant a Temporary Order pursuant to the "Protection from
Abuse Actl"
1. Requiring the defendant to refrain from abusing the
the minor child or placing her in fear of abuse.
2. Requiring the defendant to refrain from having any
contact with the child, including, but not limited to,
restraining the defendant from entering the child's place of
employment or school, from harassing or stalking the
child, and from harassing the child's relatives.
3. Granting temporary custody of the minor child to
the plaintiff.
4. ordering the defendant to stay away from the
residence located at 205 susquehanna Avenue, Enola, which
the parties have never shared.
5. ordering the defendant to stay away from any
residence the child may in the future establish for
herself .
B. Schedule a hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing, enter
an order to be in effect for a period of one yearl
1. Requiring the defendant to refrain from abusing the
minor child or placing her in fear of abuse.
2. Requiring the defendant to refrain from having any
contact with the child, including, but not limited to,
restraining the defendant from entering the child's place of
employment or school, from harassing or stalking the
child, and from harassing the child's relatives.
J. ordering the defendant to stay away from the
residence located at 205 Susquehanna Avenue, Enola, which
the parties have never shared.
4. Ordering the defendant to stay away from any
residence the child may in the future establish for
herself.
5. ordering the defendant to pay attorney fees to
Legal Services, Inc. pursuant to the Protection From Abuse
Act.
The plaintiff further asks that this Petition be filed and
served without payment of costs, pending a further order at the
hearing, and that a copy of this Petition and Order be delivered
to the East Pennsboro Township Police Department as the Police
Department with jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
lB. The allegations of Count I above are incorporated
herein as if fully set forth.
19. The best interests and permanent welfare of the child
will be served by confirming custody in the plaintiff as set
forth in Paragraph 12 of the Petition.
WHEREFORE, pursuant to 23 P.S. section 5301 ~ ~., and
other applicable rules and law, the plaintiff prays this
Honorable Court to award custody of the minor child to him.
The plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
,t-'1'1 ~jcl'(-
an carey
Attorney for Pl tiff
.
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
"
The above-named Plaintiff, IRVIN LENKER, SR., and the minor
child, JODIE L. LENKER, verify that the statements made in the
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above Petition of which they have knowledge are true and correct.
The plaintiff and ths minor child understand that false
statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification to
authorit ies.
Do t e : __.-1:. %.:..71-- ----
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IRVIN LENKER, SR.,
Plaintiff
on behalf of his minor
child:
JODIE L. LENKER
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
I
I NO. 94 - 3888 CIVIL TERM
:
I PROTECTION FROM ABUSE
I AND CUSTODY
I
:
JESSIE LENKER,
Defendant
PROTECTIVE ORDER
AND NOW, this ~ day of July, 1994, upon consideration of
the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, JESSIE LENKER, is enjoined from
physically abusing the child, JODIE L. LENKER, or from placing
her in fear of abuse.
2. The defendant, JESSIE LENKER, is enjoined from having
any contact with the child, including but not limited to,
restraining the defendant from entering the child's place of
employment or school, from harassing or stalking the child, and
from harassing the child's relatives.
3. The defendant, JESSIE LENKER, is hereby ordered to stay
away from the residence located at 205 Susquehanna Avenue, Enola,
Pennsylvania. The defendant is hereby notified that if she
enters the child's domicile contrary to this order, she may be in
indirect criminal contempt which is punishable by a fine not to
exceed $1,000 and/or by a sentence of up to six months in jail
and any other appropriate punishment. Resumption of co-residence
on the part of the plaintiff and defendant shall not nullify the
JUI ZI 2 49 PH '9~
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provisions of the court order directing the defendant to refrain
from abusing the child.
4. The defendant, JESSIE LENKER, is ordered to stay away
from any residence the child may establish for herself in the
future.
5. This Order shall remain in effect for a period of one
year.
6. The East Pennsboro Township police Department will be
provided with a copy of this Order by attorneys for plaintiff and
may enforce this Order 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 taken without
unnecessary delay before the Court that issued the Order. When
that Court is unavailable, ths defendant shall be taken before
the appropriate district justice (23 PS Section 6113).
By the court
vs.
I IN THE COURT OF COMMON PLEAS OF
I
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I NO. 94 - 3SBS CIVIL TERM
I
I PROTECTION PROM ABUSE
I AND CUSTODY
I
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IRVIN LENKER, SR.,
plaintiff
on behalf of his minor
child I
JODIE L. LENKER
JESSIE LENKER,
Defendant
CUSTODY ORDER
.
AND NOW, this ~ day of July, 1994, upon consideration of
the parties' Consent Agreement, the following custody Order is
entered with regard to custody of the parties' child, JODIE
LENKER.
The plaintiff will have primary physical and legal custody
of the child.
By the court,
,/1
J-
Hess, J.
vs.
I IN THE COURT OF COMMON PLEAS OF
I
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I NO. 94 - 3888 CIVIL TERM
I
I PROTECTION FROM ABUSE
I AND CUSTODY
I
I
IRVIN LENKER, SR.,
Plaintiff
on behalf of his minor
childl
JODIE L. LENKER
JESSIE LENKER,
Defendant
CONSENT AGREEMENT
This Agreement is entered on this ~ day of July, 1994,
by the Plaintiff, IRVIN LENKER, SR., the child, JODIE LENKER, and
the defendant, JESSIE LENKER. The plaintiff is represented by
Joan Carey, of Legal Services, Inc.; the defendant is
unrepresented but is aware of her right to have an attorney. The
parties agree that the following may be entered as an Order of
Court.
1. The defendant, JESSIE LENKER, agrees to refrain from
abusing the child, JODIE LENKER, or from placing her in fear of
abuse.
2. The defendant agrees not to have any contact with the
child, including but not limited to, entering the child's place
of employment or school.
J. The defendant agrees not to harass or stalk the child,
or harass the child's relatives.
4. The defendant agrees to stay away from the residence
located at 205 Susquehanna Street, Enola, Pennsylvania.
5. The defendant agrees to stay away from any residence the
Plaintiff may establish for herself in the future.
6. The defendant, although entering into this Agreement,
does not admit the allegations made in this Petition.
7. The defendant understands that the protective Order
entered in this matter shall be in effect for a period of one
year.
8. The defendant understands that this Order will be
enforceable in the same manner as the Court's prior Temporary
protective Order entered in this case.
9. The defendant and the plaintiff agree to the entry of
the following custody order regarding their child, JODIE LENKER:
The father will have primary physical and legal
custody of the child.
WHEREFORE, the parties request that an Order of Court be
entered to reflect the above terms.
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/J lln carey
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, ttorney for Plaint
LEGAL SERVICES, INC.
a Irvine Row
Carlis!e, PA 17013
(717) 243-9400
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SIIERIFF'S IlETURN
COMMONWEALTII Of' PENNSYLVANIA
COUNTY Of' CUMBERLAND
In thu Court of Common Pleas of
Cumberland countl' Pennsylvnaia
No. 94-3888 civ 1 Term
Temporary Protective Order
Protection Prom Abuse and Custody
and Notice and Petition for
Protective Order
Irvin Lenker, SR., on behalf of his minor
child: Jodie L. Lenker
VS
Jessie Lenker
R. THOMAS KLINE, Sheriff, who being duly sworn according to law,
says, that he made diligent search and inquiry for the within named
defendant, to wit I Jessip. Lenker
but was unable to locate
her
in his bailiwick. lie therefore
deputized the sheriff of Dauphin
to serve the within Temporary Protective
County, Pennsylvania,
Order Protection From Abuse
Custody and NOtice and Petition for Protective Order
On
Julv 27, 1994
, this office was in receipt of
the attached return from
Dauphin
County, Pennsylvania.
Sheriff's CoStSI
Docketing
Out of County
Surcharge
So answerSI
14.00
5.00
/ ,
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R. TIIOMAS KLINE, Sheriff
Sworn and subscribed to before me
this
day of
~"Ar
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(i'{ ,A.D.
Qr.,'f!t Q,h'llt';i"J, JJtlit
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Prothonotary
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Irvin Lenker. Sr.. on behalf of his minor child: ,Jodie L. [,enker
'is.
Jessie Lenker
:-10.
94-3BB~.Civi1-Term
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July 12, 1994
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