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SUSAN SCHRATZ, for and on behalf
of herself and her minor children
JACOB SCHRATZ and NICHOLAS
SCHRATZ, minors.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Petitioners,
NO. 00 - ~9t(9 Cod~
vs.
owevt
SCOTT D~,
Respondent.
Emergency Hearing Requested
RULE TO SHOW CAUSE
AND NOW, this /3'tl day of July, 2000, upon consideration of the within petition, and
on motion of the Petitioner, a rule is granted on the respondent to show cause why he should not
refrain from abusing petitioner and the minor children listed in the caption and forfeit visitation of
the minor children.
Rule returnable and hearing the~ day of July, 2000, atGZ ~O() o'clock f2-.m. in Court
Room
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of the Cumberland County Courthouse, Carlisle, Pennsylvania.
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SUSAN SCHRATZ, for and on behalf
of herself and her minor children
JACOBSCHRATZandNICHOLAS
SCHRATZ, minors.
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JUL 13 2000b;
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Petitioners,
NO. 0-0 - '1C)'f9 ~ Ii-
vs.
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SCOTT DE'V6N,
Respondent.
Emergency Hearing Requested
TEMPORARY PROTECTION FROM ABUSE ORDER UNDER THE
PROTECTION FROM ABUSE ACT
AND NOW, this 131!::- day ofJuly, 2000, upon motion ofthe Petitioner and upon consideration
of the within petition for relief and further, upon petitioner's showing during and ex parte
proceeding to the Court's satisfaction that there is an immediate and present danger of abuse to
the Petitioner and her minor children, the following Temporary Protection Order is hereby
entered:
o.lIell\
(I) The respondent, Scott Devm1', is directed to refrain from attempting to cause bodily
injury upon any of the petitioners;
(2) being in the physical presence of any ofthe petitioners except during the hearing on
this matter;
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(3) Scott De~ is denied visitation until further order ofthe court;
This temporary Protection Order shall remain in effect only until the date of the final
hearing on the petitioner's Petition for Relief which shall be fixed within ten (10) days of the filing
of petitioner's Petition.
A true and COlTect copy of this Order shall be made upon respondent by the Sheriff and
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shall bemailedtotheStatePolicehavingjurisdictionoverMr.De~
Any violations of this order will subject the violating party to punishment for contempt.
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Stephen R. Pedersen, Esq.
214 Senate Ave., Suite 602
Camp Hill, PA 17011
(717) 763-1170
Supreme Court I.D. No. 72026
SUSAN SCHRA TZ, for and on behalf
of herself and her minor children
JACOB SCHRATZ and NICHOLAS
SCHRATZ, minors.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Petitioners,
NO. 0-0 - L/ q <f 9 cw.u ILL--
vs.
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SCOTT DEVON,
Respondent.
Emergency Hearing Requested
PETITION FOR RELIEF UNDER PROTECTION FOR ABUSE ACT
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The Petition of Susan Schratz, for and on behalf of herself and her minor children, Jacob
Schratz (age 5) and Nicholas Schratz (age 3), by her counsel, Stephen R. Pedersen, Esquire,
respectfully represents:
1. This Petition is filed pursuant to the Protection from Abuse Act.
2. A District Justice granted an emergency petition for protection from abuse over the
preceeding weekend ofJuly 8, 2000, a copy of which is attached hereto and incorporated by this
reference.
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3. The Petitioner is Susan Schratz for and on behalf of herself and her minor children
Jacob and Nicholas Schratz.
4. The Petitioner resides in Carlisle, Cumberland County, Pennsylanvia.
5. The Respondent resides in Carlisle, Cumberland County, Pennsylvania.
6. Susan Schratz has primary custody of her two children, Jacob and Nicholas.
7. The Respondent, Scott D~~has visitation and is the natural father of the two
children, Jacob and Nicholas.
8. Jacob is five years old and Nicholas is three years old.
9. Respondent has abused (as defined by Section 2 of the Act) the petitioner and the
minor children on numerous occassions and most recently over the Fourth ofJuly Weekend.
10. On or about July 5, 2000, when the children were returned from a visitation, Jacob
had bruising and swelling across his back, on the side of his ribs and around his neck.
11. Jacob was taken to be seen by Dr. Chris Ryder, a pediatrician in Mechanicsburg, Pa,
upon return from the visitation with Scott Devon, the Respondent.
12. Dr. Ryder noted the above-mentioned marks and interviewed Jacob. Dr. Ryder
obtained information that Jacob had been struck across the back with a backpack, by the
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respondent, Scott De'l'011.
13. Jacob was then referred to another Doctor for further evaluation. That Dr. further
documented Jacob's injuries and sent Jacob to the emergency room for x-rays of Jacobs spine to
rule out any possible fractures.
14. There have been many abuses of each of the petitioners in the past, including but not
limited to beatings, being locked in the closet, locked in the trunk of a car and made to hold
cigarettes in the mouth.
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15. Petitioners have reason to believe that the respondent has access to various weapons
and fear that he may use such weapons against them.
16. The recent beating was reported to Children and Youth by the babysitter, whereafter
the Respondent, Scott D~,1n retaliation, reported the babysitter for having too many children
in her home.
17. The Petitioners fear for their safety and face inuninent injury in that the next visitation
is scheduled for Friday, July 14, 2000.
WHEREFORE, the petitioners respectfully pray for the entry of a Protection for Abuse
Order granting the following relief:
(1) directing the respondent to refrain form abusing the petitioner and/or the minor
children ofthe parties;
(2) allowing no visitation rights with regard to the parties' minor children;
(3) directing the respondent to participate in a mental health examination; and,
(4) any other relief deemed appropriate or necessary by the court.
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Stephen R Pedersen, Esq.
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COMMONWEALTH OF PENNSYL VANIA
COUNTY OF: ct:IM:SB1U.1IND
PETITION FOR EMERGENCY
RELIEF FROM ABUSt:
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DEFENOJ,NT: ,,,..,. "~'COr-Lo"
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/.',1' ...... AI....., "'" " PLAIN""" R~QUEST6 CONrlDtNTIAUTf OF
, .,g r- ( , (/17, 0' U PERMANE..T!T~MPORARY ADD~ES$.
I, SPsl9# SeRif H-. 'TZ- ~.ETITI{)~h~:eJ::e~k~~~I~~er<l0GOY relief frorn aouae
{Nafllt!oJl.cIa.I'I.,It"""";;Ul~~ ' .
JOn behaU of myself
; cn behalf Of tile following (cMlld) (childrenl !~ wnolr'l i am a (parent) (adult hous&hold member) (guarC;lilln)
, 011 behal! ,)i lhe lollowlng i~compe:ent adJI! to whoen I am guardian
0"/1<:.(.711 Se.IlIfJ'l.r 2._ .__ /.;t() F N8F.RTY "IJPF L!.,M.I./, ~.,.lJf-
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NICIIoM-S" SC#JtA-TL /~.f..#8..M?r ~ C!A.,e.tt<T~h.
INl~'i ,Aadtu:..
Emergency relle! from abll$e 15 required becBl,/ee there Is immediate and present d811ger 01 abuse by th~
defendant to (me) and to fhe above listed (chUd) {children) (lnCX~~ g ~,
IT VP9 add;liOl1lll rlll;nosleddres$e. on " separate '
SMQEf1 0' papar :lInd aUQOO henno.) _. ,_
(Sigllll.WI:,1 PI'I~~I'1
FINDINGS OF ISSUIN(3 AUT "ITV At an ex carts heinl'S on- ' . 9-17 7- ~_._ .
i'rl.have found upon good cause that it is nectssary to protect tne (pIRin'ili) a~d above lis!e~ (Chi:o) (ch:iojran)
r (mcompelent adull). /7
o I "ave NOT found ll1at iI is necessary to lS$ue it protective order. P.J# .&; to:...-
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Nl1tl.Cilll1."No.:
WUlOLD B. BBNDn
......" 81 WA1:iNUT BOTTOM
P.O. BOX 361
8BIl'PBNBBtfll.G, PA
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ROAD
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09-3-01
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ACTION OF ISSUING AUTHORITY
Havi~11 round upon good catlSll stlOwn thai tJ is necessary to pl'olect the ir,iainlilf) ano abOYfl lisled (chi'd) (children)
~'nCl,)mpetent adult), I have takel1the lollowing action on this petalon:
Ordered the deleodanl to rslr,ain Irom abusing the plillPtiff and/or mir,or child, chlldrer:. InCO'~l~elenl ad~il.
Ordsred the delent1l1nt 10 relrain :rom havino any contact wj~h the p!?!,1tiif ~" mi~or ?,:'iidren indtlcbg re~tr"i~i;'g
the defendant lrom enlering Ihe place of omploymer.t or busmllss or schOe, of p,ai;1,11I or mlllor cll:ldr~n an'j ,rum
harassing plaintiff. p!ainti!r$ relatives or minor children.
o Ordered Plotl eviction of lI~e derenda~l frOl~ 'I,e (household) (resid"nce) al____ _.""", (and)
[j OreJerad resloration of possession to th.. \hOUSehold) {r9Siden.:e) at _ (or)
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o AII,"Aled 1M defsndant to Ilrovid~ SUitable, altema!!) housing by eonse~e.emer;;, S~. ... &.
r qt~tIU'.Oft""".'1\"111""111
ORDERS OF 0 EV1e'tION AND [J RESTORATION OF POSSESSION
To: , (Sherilf) (C,)rtstoble) (Police OHicer) (['olici': Department). in ,:cmpiiance with
the order(al 8ppearing above. you ilre "',rebv direct~d 0 10 evi<;! .----..,.,-.-----;.,;;~;i;.ie;.;;;..-..---'-'-.-,..---
.__ (and; C to ,estore p(emises
Irom Ihe premises at
at
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- , _N01IC~.To-gllFE"ig~~. WARNIIlC;: Faile"'O co,n~IY "'ill1 m... or::l.r, may
Orders: lSSljod are ;)\Jr~uM to l:'~ Prf!tPP':JQ~ frorn~A.tl~5e A.i ~d ~~ ~ ':1~7. ~:~"Qr1SQ 1" pUiils.!'lpt}tO t:~. a. t1r>, ;tl1d:;~r jmp,j~on.ill:~nl. '1 hl:'.;e.1~der5
r4!SI1l! Ir, a 11ib:llng ot CRIMINAL ,C:O~Tc.MP~ ~tlr.L:al.llo ~'. _;JI)I Thf<l<;'" :;1l:iif..,.m I,e hl'l1er;tialel,! ~Imacl b !:1iil CO-iJl'\<:' (;CjJT1n',,~n !.~lcas.
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SUSAN SCHRA TZ, for and on behalf
of herself and her minor children
JACOB SCHRATZ and NICHOLAS
SCHRATZ, minors.
Petitioners,
vs.
SCOTT DEVON,
Respondent.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NO. CH>-'-f9'f9 ~ (~
Emergency Hearing Requested
IN FORMA PAUPERIS AFFIDAVIT
Susan Schratz, petitioner, being duly sworn according to the law, upon her oath, deposes
and says:
I. I am the petitioner in the above-entitled Protection from Abuse Petition.
2. I do not have the funds available to pay the costs of filing and service in the above-
entitled action at the present time.
3. I understand that, at the hearing on the petition, the court shall determine ifI am
indigent.
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Susan Schratz
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09/06/00 WED 15:08 FAX 717 240 6573
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CUMB CO PROTHONOTARY
141001
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS.
RESULT
$********************
$$$ TX REPORT $$$
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2144
92490779
09/06 15:04
04'29
6
OK
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07/13/00 TBU 12:48 FAX 717 240 6573
CUMB CO PROTHONOTARY
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141001
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TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS.
RESULT
*********************
*** TX REPORT ***
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1989
92490779
07/13 12:45
03'01
4
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-04949 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SCHARTZ SUSAN ET AL
VS
DEAVEN SCOTT
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within RULE TO SHOW CAUSE
was served upon
DEAVEN SCOTT
the
DEFENDANT
, at 1808:00 HOURS, on the 13th day of July
, 2000
at 109 WOODLAWN LANE
CARLISLE, PA 17013
by handing to
SCOTT DEAVEN
a true and attested copy of RULE TO SHOW CAUSE
together with
TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION
FOR RELIEF & PETITION FOR EMERGENCY RELIEF
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10.00
.00
31.10
So Ans;:;~~
R. Thomas Kline
00/00/0000
me this
day of
Sworn and Subscribed to before By:
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SUSAN SCHRA TZ, for and on behalf
of herself and her minor children
JACOB SCHRATZ and
NICHOLAS SCHRATZ, minors,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Petitioners
vs.
: NO. 00-4949
SCOTT DEA VEN,
: CIVIL TERM
Respondent
ORDER OF COURT
UNDER PROTECTION FROM ABUSE ACT
APPROVING CONSENT AGREEMENT OF PARTIES
AND NOW, this 2;S r- Lday of August, 2000, upon consideration of the Consent
Agreement of the parties hereto attached, the following Protection Order is hereby entered.
I. The Consent Agreement as executed by the Parties is hereby approved.
2. The parties are hereby directed to comply with the terms and conditions of the
Consent Agreement for the period of time specified therein or unless otherwise ordered by this
court.
A true and correct copy of this order shall be sent by regular first class mail, to the
Petitioner, the Respondent and the Police Departments, which have appropriate jurisdiction to
enforce tPis order.
The parties are hereby advised that violation of this order may subject the violating party
to punishment for contempt.
BY THE COURT,
cc: James J. Kayer, Esq.
Attorney for Respondent
Stephen Pedersen, Esq.
Attorney for Petitioners
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SUSAN SCHRA TZ, for and on behalf
of herself and her minor children
JACOB SCHRATZ and
NICHOLAS SCHRATZ, minors,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Petitioners
vs.
: NO. 00-4949
SCOTT DEA VEN,
CIVIL TERM
Respondent
CONSENT AGREEMENT UNDER
THE PROTECTION FROM ABUSE ACT
THIS AGREEMENT, made this /0fh day of August, 2000 by and between SUSAN
SCHRATZ (MOTHER) and SCOTT DEA VEN (FATHER), in Carlisle, Cumberland County,
Pennsylvania.
WHEREAS, MOTHER has filed a Petition for Relief Under Protection for Abuse Act in
the Court of Common Pleas of Cumberland County and docketed at 00-4949 Civil Term; and
WHEREAS, the parties are the parents of two minor children, JACOB SCHRATZ and
NICHOLAS SCHRATZ; and
WHEREAS, both FATHER and MOTHER expressly deny that he or she have abused the
children of the parties as defined by Section 2 of the Act; and
WHEREAS, the parties desire to resolve their differences by entering into this mutual
consent agreement as provided for in Section 6 of the Act.
NOW THEREFORE, intending to be legally bound, the parties hereto agree as follows:
1. FATHER hereby agrees not to abuse the children of the parties as defined by Section
2 of the Protection from Abuse Act.
2. MOTHER hereby agrees not to abuse the children of the parties as defined by Section
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2 of the Protection from Abuse Act.
3. Neither party shall sexually abuse the children.
4. Neither party shall verbally threaten the children.
5. The parties shall only enter or approach the residence of the other party at those times
where regularly scheduled custody transfers occur.
6. Each party will utilize their due diligence and best efforts to prevent the children
from harm in any manner when exercising custody over the children.
7. Both parties will continue to enjoy those custody rights as specified in the most recent
custody order whereby the parties share legal custody of the children, MOTHER enjoys primary
physical custody of the children and the FATHER enjoys partial physical custody of the children
on regular alternating weekends as well as on alternating holidays and for three one week periods
during the summer. For the purposes of clarification, the FATHER shall continue to exercise his
week of custody with the children as planned for the last week of July. The next holiday to be
alternated between the parties is Labor Day and this holiday shall be the FATHER'S.
8. The parties agree to continue to attend and participate in the custody evaluation
process currently pending with Guidance Associates and Dr. Stanley Schneider.
9. The parties agree to discuss and re-evaluate the current custody situation ninety (90)
days after the execution of this agreement and neither party waives his or her right to pursue
relief under the Protection from Abuse Act in the event that he or she is dissatisfied with the
current custody arrangement.
10. The parties agree to take any steps which are reasonably necessary to effectuate the
terms and conditions of this consent agreement.
11. This agreement shall be construed in accordance with the laws of the Commonwealth
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of Pennsylvania and shall not be effective until approved by the Court in which the Petition for
Reliefhas been filed by MOTHER.
IN WITNESS WHEREOF, the parties hereto and each of them has hereunto set their
hands and seals intending to be legally bound hereby this j b I-'~ day of August, 2000.
~,4_<~ JJ~__
SCOTT DEA VEN
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S ANSCHRA Z ,