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HomeMy WebLinkAbout97-05447 ~ ~ u ~ ~ I, ,~', I ii, ,l: " , . , I , 'I,' t .\ "',I' , I' I. , . I '. . " 0/ " 'J , " " , , r.o , , " , , , " , I . , , I' 'I ,.., h 'I: , 'I" .. !,' " ". ,'i. \1 , I "I' I'" I, , \1 , , . , , , \' )( ": I 'i J "1 fi,l " ';,1; ,1, . " , . , " , , ,I t' i i" :' I, " ~ ~I ! I I " " " , ill )t " " I , , I " , " , " '\ , il , , " . " , , , , t, I, '1 , " Ii, , . I, " , I :1' , , " . . . ' , ~ ., ~ , , , C, I : ' . , , , , ;1 ., , ' ;j I, I,;'li, I: " ", " " >,i ,. I' , , ,'j' " 'il ( . , , , " 'i' ,I t,,' tj. ..' '" , " , , . , ," , 'i" " .' , , "I 1','1 , ' ~ " " '" ,(") '." Q , ~r-;; t;;;J 'II , I. ,J... ..~1t) i. ill ' lieU f},!1, : " f"--'" I') '''9 "c.! " '\\.r 1/ i// .;' l:J -~() t'.," r, .ct, 1'-;' ~~',( :-'. ",,:11 'I "'l.-:l ',1- I, r.- (,.')Ir\ C'J ,~, . ~~~I .;') - Zi " .,.1.. .- 'i ,\ " ," " 6. The Defendant/Father spoke with the babysiuer who I1rst indicated she did not know where the Plaintiff/Molher was and could not help the Defendant/Father locate the Plaintiff/Mother; 7, The Plaintiff/Mother never contacted the Defendant/Father, nor did she return to pick the children up on Sunday, February 7, 1999; 8. The Defendant/Father contacted the undersigned counsel on Monday, February 8, 1999 and requested an emergency hearing based on the disappearance of the Plaintiff/Mother; 9. The Defendant/Father contacted the police to report a missing person only to discover that the Plaintiff/Mother had travel to New York and was anticipating coming back Monday evening after 5:00PM; 10, Subsequently the Plaintiff/Mother returned and regained custody of the children on the evening of February 8, 1999; 11. The Defendant/Father contacted the babysitler on Tuesday, February 9, 1999 only to discover that the children were not at the babysitler's on February 9, 1999; 12, On February 10, 1999 the Plaintiff/Mother dropped the children off with the Defendant/Father and the Paternal Grandparents and advised them uhe won and he can have the kids"; 13. At which point the Plaintiff/Mother relinquished custody to the Def.::ndant/Father; L.~vnL bl:.H.....II..:~b. IN...:. j.tJHH.:l:.ib P.u:a , the IIOthur lIhall have New VeA",' ""y fr<.>", 11 :00 a.lII. until Janl.lar)l 2 lI.t ;):00 p.lII. 6. Th" mOlh",. 111\811 have cUlltody (If the children un ThankllsivinB and Ra~ter from 6:00 a.m. until 3:00 p.~. and Lhe Cathor lIhall hAv~ 3:00 p.lII. until '1:00 p.m. 7. Tho mother ~h611 have cu~toay of the children on lIIother's Day and the fI1thor shl'Jll have cUlItody llf the children on Fl'Jther'lI Day frolll 8:00 a... until 8:00 p.m. ~. The Cather shall have cu~tody of the children on Novembe r I 'I, ~O, and 21, 1999. 9. The faTher shall have custody of tho children on ColumbUS Day, Martin Luther King Day, and Presldont'lI Day 'rum 8:00 p.lI. the evening before the holiday ullt II .5 :00 p.m. on the hol iday. 10. On Memorial DIl)", the fOUrth of July, and Labor I;)ay, the father lIhall have cuslody of the children from 8:00 p.~. the ~vening before the holiday until 5:00 p.m. on the holiday, and the ~other ~h611 have the children the Sunday before th~ hOllrl$y frolll 6:00 a.lII. unUI 8:00 p.m. If the children are with the father, the mother shall b~ rcsp~nBlble for pickl". them up on Sunday mornin8 aod the father shall he responsIble for piCking them up fro~ the mother on Sunday evening if he is scheduled to have the children that eveninl and the next dny. II. Thl! fllther 1S responBibh for picking up and droPl'inR off the chi Idren for his periods of custody except as ordend in peuguph II. ~ (0') F:: ~~r; c .. @~ ~ f (I ::c ~~ ff~.~ CI- . 1~:':1 \D ;:S2 J'" al h'~ [' "0 ~ J~ " h.J r F. La.. ~j l:) (J\ (J\ Ul < e; lol H '" H H ~ ~ Z ... .jJ I>l 00<: I>l ... l: It: ~I>. Ul '... Itl P .jJ 'tl H 0 . III l: . l: < CJi>< 0< .... ZQI H 15~1~~ E-< Itl 0<'" CJ l:i~ X .~ . X QI I>l ~~~~~ 0 It: I>. I> r>: A' I>. 0 H It: lol ~ Ul ! ~d~ E-<U H "- i><: g;o I> i>< CJ r>: H ZA 0 H 0 OZ CJ 00 N "- CJO<: HE-< . 0-1 ,... E-<Ul H . Z Iolr>: <1' CJP 0< 0 ::r:l>l '<l' I>lCJ < H E-<Ill U"I E-< It: i><: E-< Z~ I ~~ III It: H ,... I>l ~ E-< HU 0\ "'< A I>l P. , . I , . . , (1/.1'1//1 ,T '</;'(.'(/,11I 'Hi 111 1'-l9~ DllIHI\ I.. ockul', Pln!ntiff I N TlI~: COlIIlT OF COMMON 1'l.F.AS OF r.UMflF.RI.AND COUNTY, PJ\NNSYJ.VAN 1 A VR. Mark A. Z !nlln'llrmRrI, Ollfenelant NO. 97-5447 CIVil. TERM CUSTODY PLAINTIFF~RETRI~k~EMORA~.VM AND-.-W..LTJiIl.ll.ll_,.LHi'J' The plllintiff, Oubrn I... O<:ker, hereinllfter rllferred to as the mother. is represllntcd hy JOlin ('lIrey, of Legal Services, Inc. The defendllnt, Mark A. Zimmlll'mnn, herei nllfter refllrred to as the fllther, is represented hy Austin F. Grognn. Thu mother and father III'Il thll pnrents of lhu minor chlldrlln, Kaytlynne M. Nl\stelli (DOB 6/II/CJ.1) and Ml\rkA. Zimmerman, II (008 8/24/94). "I STORY OF-'I'JlILC~ Since their births, the mother has been the children's primary caretaker. On February 19, 1998, n Protection from Abuse Dreier and Temporary Custody Order was entered by this Court, The Temporary Custody Order granted the mother primnry physical custody of the children and perinds of partial <:ustndy every other weekend at the paternal grandp/lrents residence to the fnther, The Order also required the mother to coopernte with II cUst~dy eV/lluation paid for by the f/lther. On July 15, ICJ9R, the fnther's nttorney, Austin F. Grognn, filed a Petition for Custody Concilintion Conference nnd /l conference WI\S ,'C'heduled for August 20, 1'l'lR, beforl' Hllhl'rt X. Gilroy. At thll Cotlcll lilt Ion C'ollferencll, thl! Il/Irt les were UII/lhll! to rl!lIch /In I\grCtllllent /llId II hel\rinll WI\S schlldulccl. Arllold Rhll!nvold, ph.n. perforlllcd II custody eVllluotlon Itnd rllcommended thltt the "mther ml\lntllln prlmllry physical custody of the chi Idren IInd thl! fllthl!r hllve pl!rlods of pllrtllll custody on I\lternlltlng weekends IInd Wedllesdl\Y l!vening frolll thl! end of work until 7:00 p.lII. l:.\lBR FoNT .lli.5.!l.!':.,L!!E.EQlillJ1J./L COlJRT It Is In thll best Interest of the chi ldren to rem/lin in the primary physlcol custody of the mother for rel\sons Including, hut not limited to, the following: 'II. The "mther hilS hl!en the prlmllry cllretllker of the children since their hirths. b. Thl! mother hll.s providl!d for the emotlonlll IInd physlclIl need,; of the l'hlldren slncl! their hirth,s. c. According to noetor ~hlenvold's reeommendotlon. the ml>ther hilS fl grclltl!r IIhi 1 i ty to cont 1'01 the children's behavior thun did the fllther. This is Important heclluse the daughter, Kl\yt lynne, hilS been dillgnosed with Attention nefleit Hypernetivl! nisorder. The fathl!r has not IlGte" In bl!.st Interest of the children for reasons InclUding, hut not limited tn, the following: a. Thl! fllther hns 'lhused the plnlnl I ff In the presenCI' of the chi I,lren. The defendant Is ordered to refrain from hl\vlng any direct or Indirect contact with the plnlntlff Including, but not limited to, telephone nnt! written communications, except for the limited purpose of facilitating custody nrrnngements. The defcndnnt Is enjoined from hnrnssing nnd stalking the ,. plaintiff /lnd from hlll'nsslng the plrLintiff':'l relatives. The defendnnt is enjoined from entering the plnint iff'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.C.S. !l611J; Ii) a private criminal complaint under 23 Pa.C.S. !l6113.1j iii) a charge of indirect criminal contempt under 23 Pa.C.S. 66114. punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and Iv) civil contempt under 23 Pa.C.S. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the 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 Il pattern or practice that indicates continued risk of hllrm to the plaintiff. Temporary custody of Mark A. Zimmerman. II (D08 R/24/94), a. On 01' about Scptember 21, 1997, the defendant grabbed the plaintiff and bit her hand. As the plaint I ff at tempted to f lee Into the bathroom, the defendant fol lowed her, pushed the bathroom door open, and bit her again on the wrist. The defendant punched the plaintiff several times on her back, her neck, her arm, and the back of her neck causing several bruises. When the plaint i ff ran out of the room, the defendant followed her and slammed her repeatedly into the dryer. The plaintiff tried to call for help, but the defendant grabbed the phone find hit her on the head. The defendant threatened the plaintiff saying that If she did not get out of there, he would kill her, causing her to fear for her life. The plulntiff ran to the garage and called the police. The defendant was charged with simple assault and harassment. b. On or about Ju Iy 4, 1997, the defendant restrained the plaintiff from leuving the residence, punched her several times, and choked her resulting in bruises on her neck and causing her to fear for her safety. c. In or about September 1996, the defendant grabbed the plaintiff in a parking lot outside a bar and punched her several times causing pain. When the defendant returned home that night, he punched the plaintiff and choked her causing her to fear {or her 2 I I fe. d. On several occasions since the summer of 1990, the defendant has kicked, choked, punched, bit and shoved the plaintiff, and pulled her hair. The defendant hus on one occl\slon slammed the plaintiff onto the bed of his truck and punched her In the mouth breaking off her tooth. The defendant has beaten the plaintiff with shoes, a phone, und other !tems. 5. On or about September 21, 1997, the plaintiff and the two minor children left their residence at 870 Crain,s Gap Road, Carlisle, Cumberland County, Pennsylvanill, in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she Is in Immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 7. The plaintiff desires thllt the defendant be prohibited from having any direct or indirect contact with the plaintiff inclUding, but not limited to, telephone and written communicat ions, except for the I imi ted purpose of faei II tat illl! custody arrangements. 8. The plaintiff desires that the defendant be enjoined from harasoing and stalking the plaintiff, and from harassing the plaintiff's relatives. 9. The plaintiff desires that the defendant be restrained from entering her place of employment. :I Plaint I ff, defendant, 870 Cralns Oap Road 10/96 to /lnd Chassy Ocke r Carlisle, PA 9/21/97 Plaint Iff, de fendan t , 432 Pctl!rsburg Road 6/11/93 to Rnd Chassy Oc ke r Carlisle, PA 10/96 The plaint Iff, the mothl!r of the children, current Iy resides at 22 North High Street, Newville, Cumberland County, Pennsy I van Ill. She Is single. The plaintiff currently resides with the fOllowing persons: ~ Mark A. Zimmerman II Kaytlynne M. Nastelli Chassy L. Ocker Relationship son daughter daughter The defendant, the father of the children, currently resides at 870 Crnlns Gap Road, Carlisle, Cumberland County, Pennsylvania. He Is single. The defendant currently resides alone. 20. The plaintiff has not previously participated In any litigation concerning custody of the above mentioned children in t~is or any other Court. 21. The plaintiff has rio knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 22. The plaint i ff docs 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 6 children. 23. The best Interests And permunent welfAre of the minor children will be met I f custody is temporarily granted to thll plaintiff pending a hearing in this mutter for reasons Including: a. The plaintiff is R responsible parent who cnn best tAke cure of the minor children and who hns provided for the emot lonu I nncl phys iC/l I needs of the children since their hlrths. b. The defendunt hus shown by his obuse of the plointiff thot he is not nn approprinte role model for the minor children. WHEREFORE, pursuunt to the I'rovisions of the "Protection from Abuse Act" of Odober 7, 1976, 23 Pu.c.s. ft 6101 !lug., as amended, the plnintiff 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 from 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 I iml ted to, telephone and written communications, except to facilitate custody arrangements. 7 3. Ordering the defendant to refrain from harassing and stalking th~ plaintiff and from harassing the plnlntlff's relatives. 4. Prohibiting the defendnnt from entering 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. Ordering the defendant to stay away from the plaintiff's residence locnted at 22 North High Street, Newvi lie, Cemberland County, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' children. 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: I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in feaf of abuse. 8 2. Ordering the defendant to refrain from having any direct ur Indirect C'lntact with the plaintiff Including, hut not I Imi ted to, telephone and written c<lflllllunlclltions, except to facilitate custody IIrrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the pllllntiff's relatives. 4. Prohibiting the defendllnt from entering the plaintiff's plllce of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the pia in tiff. 6. Ordering the defendant to stny away from the plaintiff's residence located at 22 North High Street, Newville, Cumberland County, Pennsylvania, 'whlch the parties have never shared, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' children. 7. Granting support to the minor children in an appropriate amount according to the support guidelines, payable to the plaintiff in the form <) of Il check or money order. mailed to hur rllsldence, Ilnd llrderlnl\ thc defendant to provide health coverOl\e for the minor chi ldren 8. Ordering the defendant to PIlY $250.00 to reimburse one 01' Legal Services, [nc, 's funding sources I'llI' the cost of litiglltlng this case. The pllllntiff further usks thllt this Petition be ri led and served without payment of fees IInd costs by the plllintlff, pending II further order ut the heuring, /lnd that certified copies of this Petition und Order be delivered to the Pennsylvania State, Newville, and North Middleton Police Departments which have jurisdiction to enforce this Order. The plaint Iff prays for such other re lief as mny be just and proper. COUNT I I g[1!TODY UNDER PENNSYLVANIA CUSTODY LAW 24. The allegations of Count [ above arc incorporated herein as If fUlly set forth. 25. The best interest nnd permanent welfare of the minor children will be served hy confirming custody in the plaintiff as set forth in paragraph 23 of the petition. WHEREFORE, pursuant to 23 Pa.C.S. 9 5301 tl ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor children to her. 10 , , , , , ' , , " " , , " " " " " , , , , , ~ ,n <1 ,-- ...J " ' ~r::; r':) J "l1f: . , , .''J " nIl ./ lj:' I. ,I, "''':'./ , it,. t..~ ;,'1 , " ,I .'" "'II l:}.l , ~ '. ) , ;1111 .. ~. ; ~~) :.j ,'n '.11 ~,j "J ~, .~~ ...; , , t !;':> <II l!l ,~ ~ 't .I .. , . , ' ';11 , , " , ,00 " " , " " , , Ii, , " Ii' , ' '," " " ,'j " ~7Nv:l\l.1,SNN:!r! , ' ,l,lNnCn (IN~r,::!:;~wlno I ~ 101 tl'l 0' 83.:l 86 )'bVlOi'I(j,IJI~(:,'J :!ilL :10 30/:1:10-031/:1 . nebI'll r.. Ockl!/' , 1'1111 nt i,.,. fur herlic I I' IIntl 011 hehnl I' of h"r minor chi Illrt!ni J<lIyllynnl! M. NlIsle III, IIn.1 M II I' k A. 7. I IIII11C rill/HI, I I Vii. Mllrk A. ZIJIllllel'lIl/1n, De fl'ntlllnl I N T"~: ('(jURT Of COMMON PI.EAS OF CUMBERL,\ND r'OlJNTY, PENNSYLVAN I A NO. <)7-5447 CIVIl. TERM PROTECTION FROM ABUSE ANO CUSTODY i' N () TIC F. You hllve heen liucd in COUl'l. If you wish 10 tleferlll IIgnlnst the claims set forth In the fullowing pages, yuu IIIUlit lake 'lct ion prompt Iy after this Pctltion, Ortlel' anti Nutice fire served, hy Ilppellrlng l'ersllnf\lly 01' by attorney lit lht. hellrlng scheduled hy the Court IInd present Ing to the ('ourl your defense,s or ohject ions to the c,lnims set fol'lh against you. You lIrc' warnc'd thnt If you fill I tu do su the Court may proceed wi thour you, Hrlll H jUllgJllcnt JIlay be entered IIgflinst you hy thc' Court wilhout furthcr notin' for any 1II0ncy cllllmed in the Petition or for uny other Clllllll or relief requcsted hy the plaintiff. You mny lose money 01' property or other rights IlIIporLllnt to you. Any Protection Order granted hy a Court may be considered in any subsequent domesllc rellltions proceedings, including custody actions. !,,!,! I'; 1L..ANIL.GQ,H s I I' lhe case goes to h('lIr ing und the judge grllnts II Protect ion Order, a surchllrge of $25,00 wi II he lI.ssessed flgllinst you, You may also be required to pay up to .$250,00 to reimburse on.. of Legal Services, Inc. 's funding sources for Legal Services Inc. '5 representation of the plaintiff. You have the riKht to be represented by counsel. You should take this paper to your Illwyer Ilt once. I f you do not have a lawyer or cannot afford onc, go to or telephone the office set forth below to find out where you can get legal help. CUMBERLAND rOUNTY BAR ASSOCIATION 2 LII1F:RTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 24<)-3166 01' TOI.L FREE: 1-800-990-9108 FAX: (717)241)-2663 A"'JUUf1\N!!_.'!!!T!Ua.s AJULLT.lliL1\C.LQ.LJ,.2.9J! The Court of Common Pleas of Cumherlflnd County is required by law to comply with the Americllns with DisflhiIities Act of 19<)0. For information flbout accessible faci liti..,s find reflsonahle accommodations aVflilable to di.sllbled ind,vlduflls hllving busine,ss hefore the court, please contact our offi"... ,\II arrllngemt'nt.s Illust be made at least 72 hours prior to flny heflring or husiness hefore the court. You must attend the scheduled cOllft'f'l'Ilt't' or ht'f1rillg. this mutter und ordering thnt the Temporury Protection Order relllaln In effect for ,!II\! yellr ur lint II mod I fled or lllrmlnutud by the Coun. This order wu~ entl'rell without prejudice to Qllthur party to reque~t a hearln~. Sel' attuched Exhlhlt >> Incorporated herein hy reference. 6. On JanulLry 6, 1'1'18, hased on the plainllff's petition for Modlficntion, this Court entered IHI Ordor vaclltlng the portions of the Tempornry Protection order daled OClober J, 1'l'l7, which ordered the defendnnt to stay away frolll thl' plaintiff's residence and any olher residence she lIIay estahl Ish, enjoined him frolll having any ,llrect or Indirl'ct contact with the plnintlff, and enjoined him frolll l'nler ing hl'r plncl' of employment. Pursuflnt to thl! Order, tht! Temporary Protect Ion fwd Custody Order of October J, 191)7, us cont inued by the Order of October 10, 19'17, remained in effect in 1\11 other respects. See nttnchl!d Exhibit c incorporuted herein hy referl'nce. 7. The dl'fendanl, since the entry of the Temporary Protection from Abuse Ordl'r, hilS nbused the plnlntlff find minor children and hilS violate,1 the tl'rms of the Protect ion Order In ways InclUding, but not limi ted to, thl' following: fl. On or ahout Februnry I, I l}C)8, whl Ie giving the childrl'n n huth, the drdendnnt grnhbl'd nnd pushed thum causing red lIIarks on thuir bodies, and screamed at the plaintiff when r,hu tried to stop him, attempting to justify his nbuslve behnvior hy saying thnt the chlldrl'n were not eggs. b. On or IIbout Jnnunry 31, 11)'18, the ddendnnt hit thl! children Neverlll t lilies nnd then stilted to the plaintiff, ~everal hours Int(,r, thnt the little bn~tards "need bcnt" nnd thnt hc bcnts bls children bccllu~e "the fucking nnilllnls need to lellrn obedience." c. On or nbout .Jllllultry .Hl, 1'198, tIll' defcndnnt becnml! enrllied nnd broke the coffee tnble in half cnuRlng the p III In t Iff 1l11l1 chi I d I' e n to fell I' for t he I I' Ii a f e t y . d. On or about JunuLIl'Y 21), 19'18, the defendant became angry, urinated on the !llnlnt Iff, Ilncl threatened her by saying that he would kill hut ns be pointed his finger lit her head liS if It WUl'e n gun. e. On or ahout January 2'1, 1998, the defendant refused to allow the minor daughter, Kaytlynne, to use the restroom for several minutes, hit her across the head with an open hand, and kicked her several times causing bruises and marks. f. On or IIbout Jllnuary 28, 1998, the defendant hit the minor son, Mark, across the stomach with the wire end of a fly sWlltter cnusing welts. 8. The plaint i ff be I ieves nnd theref,He avers that she and the minor children nre III immediate IInd present dnnger of abuse from the defendant should they remain in the home without the defendnnt's exclusion Illld that they nre In need of protection from such abustl. fl. The plulnt I CC des I res that the Court vllcntc the Order dated Jtlnuury 6, l'IeIH, wh!c.:h U1<lllified the TcmporlHY PrntllctlQn Order dllted' october J, 19'17, und reinHtnted the Tempornry Protection order in itH entirety. 10. The plnintiCC dUHlrus thut the Court nm('nd the Petition Cor Protectlnrl Order ,tod Custody duted October J. 1997, to include thu minor children, Knytlynne M. Nnstelli IInd Mark A. Zimmerman, II, Cor runsnns including those statud in paragraph 7a, 7b, 7c, 7e, and 7f of this pet i t ion. 11. The plaintiff dusirus thnt the Cnurt grnnt a Temporary Protection Order excluding the deCendllnt from the residence located nt 870 Crains Gnp Rond, Carl isle, Pennsylvllnilt, a residence which is jnint Iy nwned by the pnrt ies, pending further Order of Court aCter It hearing, for reasons including, but not limited to, the following: a. The plllintiff currently has no place to stay with her children except the home, and the defendant has family IInd Criends in the IIren with whom he can stay. b.' The plaintiff desires possession of the mobile home so liS to give the grelltest degree of continUity to the lives of the children. c. The plaintiff is II responsible parent who clln best take care of the minor children IInd who hilS provided for the emotionlll IInd physicn! needs of the chil~ren since their births. d. The defendant hns shown by his ahuse of the pllllntlff tllllt he is not. nn Ilpproprlnte role model for lhe minor chfldren. c. The defendantis behnvfor hns ndversely affected the children. 12. The plaintiff desfres thnt II hearing be held on the Pet I t Ion for Protect iOIl frolT! Abuse dated Oct.oher .1, lQQ7, as amended herein, IInd the within Petition. 1.1. Aust In Grogan, nttorney of record for the defendllnt" hns been notified of the filing of this petition and he opposes grant Ing the l'Olllef requested. WHEREFORE, the plaintiff roquests that: a. the defendant he held in contempt of the Temporary Protection Order dated October .1, 1997, liS modified by the Order of J'U1uary 6, lQQR, b. t'he Order modifying the Temporllry Protect ion Order dllted January 6, 19CJR, be vncated, and the Temporary Protect ion Order be reinstated in its ent irety, c. the Temporllry Protection Order be modified to enjoin the defendnnt from nbusing the minor children or fto~ placing them in feRr of abuse, and exclude the defendant from the residence locnted at R70 Crains GlIp Road, ClIrlisle, Pennsylvnnla. d. a hearing be scheduled in IIccordnnce with the provisions of the .Protection from Abuse Act,. and, after suchhenrlng, eliteI' a final Protection Order granting her the relief requested in the Petition:'! and Kaytlynne M. Naatelli (DOB 6/11/93) ia hereby awarded to the plaintiff, Debra L. Ocker. A hearing ahall be he id on thia matter on the qlll day of October, 1997, at 3',(;0 p.m., in Courtroom No.~, Cumberland County Courthouse, Carlisle. Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff'~ request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order ahall 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 ma i I . The Pennsylvania State, Newville, and North Middleton Police Departments will be provided with certified copies 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 made under this section, the defendant shall be taken wi thout unnecessary de lay before the court that issued the order. When that court is unavailable, the defendant shall be The defendant is ordered to refrain from having any direct or indirect contact with ~he 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 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.C.S. !6113; ii) a private criminal complaint under 23 Pa.e.s. !6113.1; iii) a charge of indirect criminal contempt under 23 Pa.e.s. !6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.e.S. !6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the 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 Mark A. Zimmerman, II (DOB 8/24/94), Debra L. Ocker, Plaint iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97- CIVIL TERM Mark A. Zimmerman, Defendant PROTEr.TION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. 8 6101 et seq. A. ABUSE 1. The plaintiff, Debra L. Ocker, is an adult Individual residing at 22 North High Street, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant, Mark A. Zimmerman, (SSN: unknown) (Date of Birth: 10/19/67). Is an adult Individual residing lit 870 Crains Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately summer of 1990. the defendant has attempted to cause and has intentionally, knowinglY, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed act.s toward the plaintiff including following the plaintiff, without proper authorization. under circumstances which have placed 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 September 21, 1997, the defendant arabbed the plaintiff and bit her hand. As the plaintiff attempted to flee into the bathroom, the defendant followed her, pushed the bathroom door open, and bit her again on the wrist. The defendant punched the plaintiff several times on her back, her neck, her arm, and the back of her neck causing several bruises. When the plaintiff ran out of the room, the defendant followed her and slammed her repeatedly Into the dryer. The plaint Iff tried to call for help, but the defendant grabbed the phone and hit her on the head. The defendant threatened the plaintiff saying that If she did not get out of there, he would kill her, causing he r to f ear for he r I if e . The p I a I n tiff ran tot he garage and called the police. The defendant was charged with simple assault and harssr.ment. b. On or about July 4, 1997, the defendant restrained the plaintiff from leaving the residence, punched her several times, and choked her resulting in bruises on her neck and causing her to fear for her safety. c. In or about September 1996, the defendant grabbed the plaintiff in a parking lot outside a bar and punched her several times causing pain. When the defendant returned home that night, he punched the plaintiff and choked her causing her to fear (or her 2 life. d. On several ~ccasions since the summer of 1990, the defendant has kicked, choked, punched, bit and shoved the plaintiff, and pulled her hair. The defendant has on one occasion slammed the plaintiff onto the bed of his truck and punched her in the mouth breaking off her tooth. The defendant has beaten the plaintiff with shoes, a phone, and other items. S. On or about September 21, 1997, the plaintiff and the two minor children left their residence at 870 Crains Gap Road, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 7. 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 arrangements. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 9. The plaintiff desires that the defendant be restrained from entering her place of employment. J Plaintiff, de fendan t , 870 Cralns Oap Road 10/96 to and ChauY Ocker Carlisle, PA 9/21/97 Plaintiff, defendant, 432 Petersburg Road 6/11/93 to and Chassy Ocker Carlisle, PA 10/96 The plaintiff, the mother of the children, current ly resides at 22 North High Street, Newville, Cumberland County, Pennsy I van I a. she Is single. The plaintiff currently resides with the following persons: ~ Mark A. Zimmerman II Kaytlynne M. Nastelll Chassy L. Ocke r Relationship son daugh t e r daughter The defendant, the father of the children, currentlY' resides at 870 Cralns Gap Road, Carlisle, Cumberland County, Pennsylvania. He is single. The defendant currently resides alone. 20. The plaintiff has not previously participated In any litigation concerning custody of the above mentioned children In this or any other Court. 21. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court In this or any other jurisdiction. 22. 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 6 chi ldren. 23. The best intere~ts and permanent welfare of the minor children will be met if custody is temporarily granted to the plaintiff pending a hearing in this mutter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor children and who has provided for the emotional and physical needs of the children since their births. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor children. ~IEREFORE, pursuant to the provisions of the "Protection from Abllse Act" of October 7, 1976, 23 Pa.C.S. ft 6101 .ll.!.~., 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 from placing her .in fear of abuse. 2. Order ing 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. 7 3. Order ins the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering 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. Ordering the defendant to stay away from the plaintiff's residence located at 22 North High Street, Newville, Cumberland County, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' children. 1. Granting temporary custody of the minor children to the plaintiff. B. Schedule a hearing in accordance with th" 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 from placing her in fear of abuse. 8 of a check or money order, mailed to her residence, ,and ordering the defendant to provide health coverage for the minor children 8. Ordering the defendant to pay $250.00 to reimburse one of Legal Services, Inc. '5 funding sources for the cost of I it igllt ing this case. The plaintiff further asks that this Petition be filed and served without pllyment of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Pennsylvania State, Newville, and North Middleton Police Departments which have Jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and prope r. COUNT I I CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 24. The allegations of Count I above are incorporated herein as if fUlly set forth. 25. The best interest and permanent we 1 fare of the minor children will be served by confirming custody. in the plaintiff as set forth in paragraph 23 of the petition. WHEREFORE, pursuant to 23 Pa.C.S. ft 5301 ~ ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor children to her. 10 , , r!JlCT 1 0 1997 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5447 CIVIL TERM Debra L. Ocker, Plaintiff Mark A. Zi~merman. De fendan t PROTECTION FROM ABUSE AND CUSTODY QRDER FOR CONTINUANCE AND NOW, this Jf) tJ. day of October, 1997, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on October 9, 1997, at 3:00 p.m. in Courtroom No.4, by this Court's Order of October 3, 1997, is hereby cant inued generally. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the 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. Certified copies of this Order for Continuance will be provided to the Pennsylvania State, Newville, snd North Middleton Police Departments by the plaintiff's attorney. By the Court, J.sI1<'J,:'A' (.... )~ Kevin A. Hess, Judge Joan Carey Attorney for Plaintiff EXH[BlT 1\ I, . T:":~I:, r:'"I?'.', r-"'("'~ !'~":ORD , ,.' .' I~~I halld JI,l; "j' j' ~ ~"y.' ~r &_c:?J. 9 '1 ,.u. .t",J: c., ~ ".'. '9,.., .~ ,!.....~... :.r".......- --~ f;..' PrOf he notary Austin F. Orogan Attorney for Defendant . " " i~f> i'1i~ 1--< - ~~ " ~ ~ r~ /J' ~ " t) c" ~t a . ........ ' ' ~0 Ij " " n , ~. .:2 [~'I,U _,I.t ;""j',, '..),).. ;::'1' : t.;: "') ",,~ ,-., 5.:~: ) ~.; :'./ ""i " " . " ~? \0.,:) 9, ::;-J NI~ ,-]f~f9 () :. 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(c""'U) 3, I uk that a warrant of arrest or a summons be issued and that the defendant be required to snswer tbe charges I have made, (In order for a WUTIIIIt ~ arnIlt to iCIIIue, the attached amdavit at probable cause mut be completed lUIClllWOlD to before the IBsuing authority. 4, I verity that the facts set torth in this complelnt are true and correct to the best of my knowledge or information and beUef, Tbis verlftcatlon Is made subject to the penalUes of Section 4904 ofthe Crimes Code(18 PA C .4904) relatinll to unsworn falsUlcatlon to authorities, . , .- ,19_ .. AND NOW, on this date , 19 , I certify the complelnt has been properly completed and verified. An afI'Idavlt of probable cause must be completeiJ in order for a warrant to iasue. v,.gluerUl IJlltrlctJ AOPC 412'(4/96)(I"tlroo. Vlr.lon) 8BAL (~'Iulng AutnorltYJ 2-3 'I ! , , p"'FIC~ OF THE DISTRICT ATTORNEY OF CUMBERLAND,COUNTY ONI COlJRTHOlJ8l SQlJARI CARL'SLI, PINNSVLVANIA 170'S ""........~....Qu. 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