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Zucker, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97- <.,;~:, CIVIL TERM Steven L. Zucker, Defendant PROTECTION FROM ABUSE AND CUSTODY AND NOW, this TEMPORARY PROTECTION ORDER I~/' day of July, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Patricia C. Zucker, now temporarily residing at 2446 E. Bayberry Drive, Forest Hill, Harrisburg, Dauphin County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Steven L. Zucker, the fOllowing Temporary Order is entered. The defendant, Steven L. Zucker, (SSN: unknown and date of birth: 9/7/54) now residing at 343 N. Twenty-fifth Street, Camp Hill, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, patricia C. Zucker, or placing her in fear of abuse. The defendant is ordered to stay away from 2446 E. Bayberry Drive, Forest Hills, Harrisburg, Dauphin County, Pennsylvania, a residence to which the plaintiff and the minor children relocated to avoid abuse, and which is not owned or leased by the defendant, and any other residence the plaintiff may establish, except for the limited purpose of transferrinq custody of the parties' children. The defendant shall remain in hi. vehicle at all ti.es durinq the transfer of custody. The defendant i. ordered to refrain from havtnq any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering or telephoning the plaintiff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.e.s. 56113; ii) a private cri.inal co.plaint under 23 Pa.e.s. 56113.1; iii) a charge of indirect criainal conteapt under 23 Pa.e.s. 56114, punishable by imprisonaent up to six months and a fine of $100.00-$1,000.00: and iv) civil conteapt under 23 Pa.e.s. 56114.1. Resuaption of co-residence on tbe part of tbe plaintiff and defendant sball not nullify the provisions of tbe court order. 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 another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of Elliott and Leah Zucker is hereby awarded to the plaintiff, patricia C. Zucker. A hearing shall be held on this matter on the ?J"(dayof July, 1997, at Ii'. ~ ,) ',.m., in Courtroom No.~, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending further order of court. 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 Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Camp Hill Police Department will be provided with a certified copy of this Order by the plaintiff's attorney. This 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 lDade under this section, the defendant ahall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. S 6113). By the cour,-:. , .' 1 . . " (,' , 1 '-',it . Ju~ \\. ) . , patricia C. Zucker, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97- CIVIL TERM Steven L. Zucker, Defendant . . PROTECTION FROM ABUSE AND CUSTODY NOT ICE 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. FBBS AND COSTS If the case goes to hearing and the judge grants a Protection order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. have a lawyer or cannot afford one, go to or telephone 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 If you do DOt the office set AKERICAK8 11TH DISABILITIBS ACT OF lttO 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, plea.e contact our office. All arrangements must be made at least 72 hour. prior to any hearing or business before the court. You must attend the scheduled conference or hearing. patricia C. Zucker, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. . . NO. 97- CIVIL TERM Steven L. Zucker, Defendant PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIBF UNDER THB PROTECTION FROK ABUSE ACT, 23 Pa.C.S. S 6101 et seq. A. ABUSB 1. The plaintiff, patricia C. Zucker, is an adult individual residing at 343 N. Twenty-fifth Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The plaintiff is temporarily staying at 2446 E. Bayberry Drive, Forest Hill, Dauphin County, Harrisburg 17112, to avoid further abuse as is more fully set forth herein. 3. The defendant, Steven L. Zucker, (SSN: unknown) (Date of Birth: 9/7/54), is an adult individual residing at 343 N. Twenty- fifth Street, Camp Hill, CUmberland county, Pennsylvania, 17011. 4. The defendant is the plaintiff's husband. 5. Since approximately 1988, the defendant has attempted to cause and has intentionally, knowingly, or recklessly has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly coaaitted acts toward the plaintiff including following the plaintiff, under circuastanc.. which have placed 1 the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about July 12, 1997, the defendant intentionally smashed into the plaintiff's rental car, which was parked outside the plaintiff's sister's residence where the plaintiff and the children were visiting. The impart of the crash caused the plaintiff's car to collide with the plaintiff's sister's car. As a result of this violence, the plaintiff feared for her safety. The defendant had telephoned the plaintiff at her sister's house in the early morning hours of July 12th, called her vile names, demanded that she wake the children to bring them home, further threatening that if she refused, he would tear their house to shreds. During this phone call, the defendant threatened to kill the plaintiff. b. In or about April, 1997, when the plaintiff told the defendant that she was going to leave him, he became angry and punched a hole in their son's globe causing her to fear for her safety. c. In or about the suamer of 1994, the defendant and the plaintiff got into a car and the defendant drove dangerously fast and erratically causing the plaintiff to fear for her safety. When they arrived at their 2 residence, he grabbed the plaintiff by her arm causing her pain, threw her clothes in a suitcase, ordered her to leave the residence, drove her to her office, and abandoned her there. d. In or about 1988, when the plaintiff was pregnant, the defendant recklessly shoved her through the front door of their residence, causing her to stumble forwards and to fear for her safety. 6. After on or about July 12, 1997, the plaintiff and the two minor children did not return to live at their residence at 343 North Twenty-fifth street, camp Hill, Cumberland county, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she return to the home without the defendant's exclusion and that she is in need of protection from such abuse. 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrange.ents. 9. The plaintiff d.sir.s that the defendant be enjoined fro. hara.sing and stalking the plaintiff, and from haras.ing the plaintiff'. relative.. 10. The plaintiff de.ire. that the defendant be re.trained J .."",,-~:......-- . ,.,.-....- from entering or telephoning her place of employment. 11. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any propecty owned jointly by the parties or owned solely by the plaintiff. B. EXCLUSIVE POSSESSION 12. The home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of the plaintiff and the defendant. 13. The plaintiff currently has no permanent place to stay with her children except the marital home, and the defendant has family and friends in the area with whom he can stay. 14. The plaintiff desires possession of the home so as to give the greatest degree of continuity to the lives of the children and to allow them to continue their education at their schools and to continue their school and social activities. C. RIIJlBURSIKIH'l' FOR COST OF CASI 15. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. D. TIKPORAIlY CUSTODY 16. The plaintiff seeks temporary custody of the following children: 11M '~...ftt ..,it.nCf Au Elliott Zucker 2446 t. Bayberry Or. Forest Hills HlIlrrisburq. PA 8 yr.. old DOB 1/1189 4 Leah Zucker 2446 E. Bayberry Dr. Forest Hills Harrisburg, PA The children were not born out of wedlock. 5 yrs. old DOB 3/23/92 The children are presently in the custody of the plaintiff, patricia C. Zucker, who is temporarilY residing at 2446 E. Bayberry Drive, Forest Hills, Harrisburg, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: I!IH Addr.s... Dat.. Plaintiff and Bellevue Park 3/7/89 to defendant Rudy Road 6/91 Harrisburg, PA Plaintiff, and 343 N. 25th St. 6/91 to defendant Camp Hill, PA 7/12/97 Plaintiff, Kathleen 2446 E. Bayberry 7/12/97 to and Michael Daley Harrisburg, PA present (plaintiff's sister and brother-in-law), Anne and John Daley (plaintiff's niece and nephew) The plaintiff, the mother of the children, currently resides temporarily at 2446 E. Bayberry Drive, Forest Hills, Harrisburg, DaUphin county, Pennsylvania. She is married. The plaintiff currently resides with the following persons: BU .alaUo..hiv llliott Zucker lAah luckeI' Kathle.n Daley Michael Dalay son da\a9hter slattr brother-In-law s Anne Daley John Daley niece nephew The defendant, the father of the children, currently resides alone at 343 N. Twenty-fifth street, Camp Hill, Cumberland County, Pennsylvania. He is married. 17. The plaintiff has not participated as a party or witness, or in another capacity, in any litigation concerning custody of the above mentioned children in this or any other Court. 18. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 19. The plaintiff does not know of any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 20. The best interests and permanent welfare of the minor children will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor children, and has provided for the emotional and physical needs of the children since their births. b. The defendant has shown by his abuse of the 6 plaintiff that he is not an appropriate role model for the minor children. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. S 6101 ~ ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff 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, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering or telephoning the plaintiff'. place of employaent. 5. Prohibiting the defendant trom removing, daaaging, destroying or .elling property 10intly owned by the partie. or owned solely by the plaintiff. - 7 6. Ordering the defendant to stay away from the plaintiff's temporary residence located at 2446 E. Bayberry Drive, Forest Hills, Harrisburg, Dauphin County, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may establish, except for the limited purpose or transferring custody of the parties' children. The defendant shall remain in his vehicle at all times during the transfer of custody. 7. Granting temporary custody of the minor children to the plaintiff. 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 year: 1. Ordering the defendant to refrain from abusing the plaintiff 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 communicationa, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from haraaaing and stalking the plaintiff and from hara.sing the plaintiff's relatives. a 4. Prohibiting the defendant from entering or telephoning the plaintiff's place of employment. s. prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the home located at 343 N. Twenty-fifth street, Camp Hill, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, except for the limited purpose of transferring custody of the parties' children. The defendant shall remain in his vehicle at all times during the transfer of custody. 7. Ordering the defendant to stay away from the plaintiff's temporary residence located at ~446 E. Bayberry Drive, Forest Hills, Harrisburg, Dauphin County, Pennsylvania, which the parties have never shared, and any other residence the plaintiff aay establish, except for the limited purpose of transferring custody of the parties' children. The defendant shall reaain in his vehicle at all ti.es during the transfer of custody. a. Crantinq temporary custody of the minor children to the plaintiff. 9