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Home My WebLink About94-06545 '" ] I". ~ ~ 4J . ;;'IJ 1 .s ~ tu .~ t- J l{) I :t \.C) I ~ I I , Ct I 1 ". .. I ... v -, , , Ho~ 21 2 OG ~tI '9~ ( ~ : 1'1''; ; I' 'J ft':. f ,\rl~ i.-< " ,'ti'1 '.,:i 1".'.';'" ~ ~:.. ~~ f& I/-"]-?" BARBARA A. ECKENRODE. Plaintiff IN TIlE COURT OF COMMON PLEAS OF cur.mERLAND COUNTY, PENNSYLVANIA v. NO. 94-6545 CIVIL TERM KENNETIl L. ECKENRODE. Defendant PROTECTION FROM ABUSE MOTION FOR ror.rrrNUANCE The plaint iff moves the Court for an Ordor rescheduling the hearing In the above-capt loned case on the grounds that: I. A TemporLIry Protect Ion Order was issued by this Court on November 16, 1994, scheduling a hearing for Wednesday, November 23, 1994, at 4:00 p.m. 2. The Cumber Innd County Sheri ff' s Department served the defendant wi th a certified copy of the Tempornry Protection Order nnd Petition for Protection From Abuse on November 16, 1994, at approximately 6:00 p.m. at his place of employment, Valk Manufncturlng. 3. The defendant indicated to Legal Services staff on November 22. 1994, that he desired legal representation in this matter and agreed that the hearing scheduled for November 23, 1994, be continued to afford him time to retain counse I . 4. The plaintiff requests that the hearing be rescheduled In this matter. 5. The plnlnt Iff requests that the Temporary Protection Order remain in effect pending further order of court. 6. A copy of the Order for Continuance will be delivered to the Carlisle Pol ice Depnrtment and the Pennsylvanln State Pol ice by the attorney for the plnint iff. ._..-...... , .. , , .. \J J/ ;:"'-':-1 ..~ i 'I ~ .;;T :, ~";' j.. J.' I' ~ .' I ... " -, I BARnARA A. ECKF.NROllE, Plaint Iff IN TIm COURT OF COMMON PLEAS OF CUMIlERl.ANll COUNTY. PENNSYLVANIA v. NO. 94- t.s'lT CIVIL TERM KENNETH L. ECKENROllE. Defendant PROTECTION F~OM 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 wi thout you. and a judgment may be entered against you by the Court without further notice for any money claimed in the P~tition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SIJOULll TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANN<YI' AFFORD ONE, 00 TO OR TELEPllONE TIm OFFICE SlIT FORTII BELOW TO FIND our WHERE YOU CAN GIIT LfflAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMIlERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 pi Ilow and blanket from her ami kicked her in the leg. When the plaintiff tried to leave the residence, the defendant blocked the doorway with his body, and took u swing at the plaintiff to slap her in the face. The pl/lintiff ducked /Iway from him and locked herself in the bllthroom where she stayed unt i I she was sure the defendant W/lS usleep. c. On or about October 7, 1994, the defendant followed the plaintiff us she tried to get away from him, grabbed her by her shirt, restrained her, and said, "You're not going nowhere." When the plaintiff pulled away from the defendant and kept walking, the defendant pulled repeatedly at her purse to restrnin her and kicked her in the leg twice. The plaint i ff ran to the Carl isle Police Department. d. On or about October 5, 1994, the defendant slapped the plaintiff across the face. e. Since upproximlltely April, 1994, the defendant has physically abused the pl/lint iff in ways including, but not limited to, pushing, shoving, slapping and kicking her and pulling her hair. 5. On or about October 18, 1994, the plaintiff left her residence at III North Hanover Street, Apt. 3F, Carlisle, Cumberl/lnd County, Pennsylvania, in order to avoid further abuse. 6. The pl/lint i rr be I ieves und therefore avers that she is in immediate and present danger of abuse from the defend/lnt /lnd th/lt she is in need of protection from such /lbuse. 7. The pllllnt Iff des! res thllt the defendllnt be prohlh! ted from having any direct or Indirect contllct with the plaintiff including, but not limited to. telephone IInd written communicllt!ons. 8. The plaint I ff desires thllt the defendllnt be enjoined from harassing and stalking the plaintiff. ~'l(CJ.(JS IV!'; I'OSSI';SSIOO 9. The home from which the pllllntiff is IIsking the Court t'J exciude the defendant is rented in the nllme of Stephllnie Zimmerman. and the defendant has never resided there. The pllllntiff docs not seek to evict the defendant from his residence. C. STATUS TO PROCEED IN FORMA PAUI'ERIS 10. The plaintiff Is unemployed. II. The plaint i ff does not have funds /Ivai lable to pay the fees for filing and service of this lawsuit. MiEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976. 23 P.S. g 6101 et seQ., as IImended, the plaintiff prays this Honorable Court to grant the following reI ief: A. Grant a Temporary Order pursuant to the "Protect ion from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff and/or plncing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contllct with the plllintiff inclUding, but not I imited to, telephone IInd written communications; 3. Ordering the defendllnt to refrain from hurllssing IImi ~;tlllking the plaintiff; 4. Ordering the defendant to stay away from the plllintlff's residence located at 60 Southside Drive, Newville, Cumberland County, Pennsylvania, which the parties hllve never shared, and 5. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. n. 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 II period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff and/or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff. 4. Ordering the defendant to stay away from the plaintiff's residence located at 60 Southside Drive, Newville, Cumberland County, Pennsylvania, which the parties have never shared. 5. Ordering the defendant to stay aWIlY from any residence the plaintiff may in the future establish for herself. The plaint i ff further asks that this Pet i t ion be fi led and served wi thout payment of costs, pending a further order at the hearing, and that cert i fied copies of this Petition and Order be delivered to the Pennsylvllnia State Police and the Carlisle Police Departments who have jurisdiction to enforce this Order. , , The plaintiff prays for such other relief I1S may be just and proper. Respectfully submitted, P1.40f ~J Joan caref Philip C. Briganti Attorneys for Plaintiff LR"oAL S~;RVICF.s, INC. B Irvine Row Carlisle, PA 17013 (717) 243-9400 -- , . I'" The above-named plaintiff. Barbara A. Eckenrode. verifies that the statements made in the above Petit ion are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. e.s. g 4904 relating to unsworn falsification to authorities. Date: 11-10-9.J