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HomeMy WebLinkAbout97-06813 ANTONIA CONSTANCE ZAWISA, PlaintifI' lilr herself and on behalf of her minor children NICHOLAS DAVID ZAWISA, ZAClIAR Y DAVID ZA WISA, and JACQUELINE TERESA ZAWISA. IN TilE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 97- ,(,8'13 CIVil. TERM v, DAVID IIENRY ZAWISA, Delendant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this .Ju day of December, 1997, upon presentation and consideration of the within Petition, and upon linding that the plaintitl: Antonia Constance Zawisa, and the parties' minor children, Zachary David Zawisa, Nicholas David Zawisa, and Jacqueline Teresa Zawisa, now residing at 629 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania, arc in immediate and present danger of abuse from the defendant, David Henry Zawisa, the lollowing Temporary Order is entered The defendant, David Henry Zawisa, (SSN 105-54-9491 )(()OB' 12119/60), now rcsiding at 13 East Orange Street, Apt. 2, Mt. lIolly Springs, CUlllberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintil1~ Anlonia Constance Zawisa, or the pa,';ies' minor children, or from placing them in fear of abuse The defendant is excluded Irom the plaintill's residence located at 629 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania, a residcnce which is jointly owned by the parties; and is ordered to Slay away frolll any residence the plaintitl'may in the IIUure establish for herself, except lor the limited purpose of translerring custody of the parties' children The defendant shall remain in his vehicle at all times during the transler of custody, The defendant is enjoined from harassing and stalking the plaint ill' and lrom harassing her relatives, or the parties' minor children ANTONIA CONSTANCE ZAWISA, IN TIlE COURT OF COMMON P1.EAS OF PllIintilr lor herself and on behalf of her minor CUMBERLAND COUNTY, PENNSYLVANIA children: NICHOLAS DAVID ZA WISA, ZACHARY DAVID ZAWISA, CIVIL ACTION - LAW and JACQUELINE TERESA ZAWISA: 0- v, : NO. 97-.J'o()J.3.. CIVIL TERM DAVID HENRY ZAWISA, Dcfendllnl PROn:CTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in Ihe following pages, you mU3t take action promptly liner Ihis Petition, Order and Notice are served, by appellring personally or by attorney lit the hearing scheduled by the Court and presenting to the Court your delenses or objections to the claims set forth lIgllinst you, You are wllmed that if you fail to do so the Court may proceed wilhout you, and II judgment may be entered agllinst you by the Court without further notice for any money c1l1imed in Ihe Petition or lor any other claim or relief requested by the plaintill" You may lose money or property or other rights important 10 you, n:t:s AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge 01'$25,00 will be assessed against you, You may also be required to pay up tll $250,00 to reimburse one of Legal Services, Inc.'s funding sources for Legal Services, Inc,'s representation of the plaintiff, 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 otlice set forth below tolind out where you can get legal help COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTlIOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER, (717) 240-6200 AMERICANS Wren DISADILITIF:S ACT 01" 1990 The Court of Common Pleas of Cum Iter land 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 Ihe court, please contact our ollice All arrangements must be made at least 72 hours prior to any hearing or business before the court ~ I. ANTONIA CONSTANCE ZAWISA. Plaintitr for hcrself and on behalf of her minor childrcn NICIIOLAS DAVID ZAWISA. ZACIIAR Y UA VID ZA WISA. and JA('QUFLlNE TERESA ZAWISA v, DA VII> HENR Y ZA WISA. Defendant IN TIlE COURT OF COMMON PLEAS OF CUMIlEIU.AND COUNTY. PENNSYLVANIA NO. 97- CIVIL TERM , 'I: , I' J ~ .' CIVIL ACTION -LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER TIlE I'Ron:CTION mOM ADUSE ACT 21Pa<'.S ~6101 ct scq, A, AIIUS.: I, The plaintitl: Antonia Constancc Zawisa, is an adult individual rcsiding at 629 Gutshall Road. Boiling Springs. Cumberland County. Pcnnsylvania 17007, 2, The defendant. David Henry Zawisa. (SSN 202.46-.1(12)(DOIl 11/08/(1). is an adult individual residing at 1.1 East Orangc Slrcct. ApI 2. Ml. 1I0lly Springs. Cumberland County. Pcnnsylvania 17065 3 The defendant is the husband ofthc plainlilfand tll(: llllher oflhc parties' l:hildren, 4, Since approximately 1987. thc dcfcndant has attempted to cause and has intentionally, knowingly. or recklessly caused bodily injury to the plaintill: physically abused the minor children. placed the plaintitl. and children in reasonable fear of imminent serious bodily injury. and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintilr or the minor children under circumstances which havc placed the plaintitl. or the childrcn in reasonable lear of bodily injury This has included. but is not limitcd to. the Ibllowing spccitic instances of abuse a) On or about November 26, 19'17. the delendant backed the plaintilr into a corncr. stood in front of her yelhng in her tllte. blocked her attempts lo get away Irom him, grabbed her nnn and pulled her 10 the doOl', grubbed her around Ihe waist, picked her lip 011' of the 110m, nnd threw her out the doOl', causing her to stumble and /illl against Ihe van, The plaintitr sustaincd sOl'cncss about her shoulder as a result of Ihis incidcnt. The plaintill' tclephoncd thc Pennsylvania State Police, b) On or about Novcmber 25, 1997, whcn Ihe plaintitT told the defendant thaI she wan led him to leavc, he becamc suicidal saying that he had nothing to live lor, and Ihat he was not going 10 go on with life, Later aller the parties were in bed, the dclendantused his hands and leCllO push the plaintitl. out of bcd, c) On or about Novcmber 20, 1997, the delendant waited at the door for the plaintill'to return home from work, argued with her, grabbed her by her wrists, shoved her into the corner, restrained her by her wrists, and yelled in her lace, The plaintitl' got away lrom the delendant, but he pursued her and continued to push and shove her into walls, d) On or about Novcmber 19, 1997, the plaintitl: who works for the Commonwealth and trllvels ollell in Ihe course of her job, returned home to the delendant accusing her of being unlaithful, and demanding that she undress so he could check her body to determine if she had indeed been unfaithful, The plaintitT relused to comply with the defendant's demands, went to bed and lell asleep only to be awakened by the delendant prodding her genitals to "check" her e) In or about early November, 1997, the delendant, who was driving the parties' II-year.old son, Zachary, home, became angry with the child, stopped along the road, told the child 10 get out of the vehicle in the rain, and told him to walk homc which was several miles away, The child's soccer coach happened to drive by, saw Zachary alongside the road, picked him up, and took him to his home The coach telephoned the dclem\ant amI he went to lhe eOilch' s home to get Zachary, t) In or about 1994, the del.mdant screamed althe plaintill pushed her about, and grabbed her by the lilliI' The chihlren were frightened by the defendant's abuse of the plaintitl' and Nicholas, who was thell 6 years old, telephoned the police for help g) In or about 1989, the delendant's father, who lived next door to the parties in the duplex houso they shared, heard the delendant screaming and yelling, and telephoned the police for help The parties' children and the plaintitl' ran to his home for safety because the defendant had thrown household objects and chairs about and up-ended the table h) Since approximately 1986, the delendant hilS abused the plaintiO' in ways including, but not limited to, pushing, grilbbing, ilJld restraining her, The defendant has intimidated the plaintill' and the children by yelling and screaming at them, drawing back his list in a threatening manner.... hile yelling at them, scaring them by speeding and driving in a reckless manner, sometimes Slopping the vehicle abruptly and pulling the plaintill" out of the car onto the side of the road regardless of the location In addition, the deltmdant has slapped the boys on their heads aJld faces, called them "fucking assholes", threatcned to beat or kick their butts, threatened them saying, "\'m going 10 kill you if you don't listen", forced the boys into a corner, told them to drop their panlS, and struck them repeatedly with a belt about their bUllocks and legs, and chased the children throllgh the hOllse screaming and yelling causing them to scream and cry in fear, At times when the plaintiO' has tried to intervene, the defendant has pushed her oul of his way 5, The plaintilr believes and therelhre avers that she and the minor children arc in immediate and present danger of abuse Irom the delendant should they remain in the home without the delendant's exclusion and that they arc in need of protection Irom such abuse, 6, The plaintilr desires that the delendant be enjoined IrOlI\ harassing and stalking the plaintitl: and from harassing her relatives, or the minor children, 7, The plaintitl'desires that the delendant be restrained trOll! entering her place of employment, the schools and day care facilities of the minor children, 8, The plaintilr desires that the defendant be enjoined Irom removing, damaging, destroying or sclling any property owned jointly by the parties or owned by the plaintitl' II. E:XCLIJSIVE POSSESSlilli 9, The home located at 629 Gutshall Road, Boiling Springs, Cumberland County. Pennsylvania, from which the plaintitl' is asking the Court to exclude the delendant is owned in the names of the plaintitl: Antonia Constance Zawisa, and the delendant, David Henry Zawisa 10, The plaintilr currently has no place to stay wit,h her children except the marital home, The defendant rented lIn apartment at 13 East Orange Street, Apt. 2, Mt. Holly Springs, where he will reside and plans to move in on December 9, 1997. II, The plaintitl'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. SUPPORT 12, The defendant has a duty to support th{: plaintill" and the minor children, 13, The plaintitl' is in necd of linancial support from the defendant including. but not limited to health insurance coverage, and payment of ul1l'eimbursed medical expenses for the plaintifi' or the children lhllowing addrcsscs During thc past livc ycars thc childrcn have rcsided with thc Ihllowing pcrsons and at the ~ Plaintitl' Plaintifl' and dclendant Plaintitl delendant, and plaintitl's mothcr Plaintill" and dclendant Plaintitl: dcfcndant, and plaintitl's molher Plaintitl' and defcndant Plaintitl" and dclendant Address lli!W 629 Gutshall ROlld Dcccmber 10, 1997 Boiling Springs, PA to the prcscnt 629 Gutshllll Road August, 1997 Boiling Springs, I'A to December 8, 1997 629 Gutshall ROlld June, 1997 Boiling Springs, P A to August, 1997 629 Gutshall ROlld August, 1996 Boiling Springs, PA to June, 1997 629 Gutshall Road June, 1996 Boiling Springs, PA to August, 1996 629 Gut>hall Road Scptcmber, 1992 Boiling Springs, PA 10 June, \996 Furman Road Deccmber, 1991 Dillsburg, PA III Septcmber, 1992 The plaint ill the mothcr of the children, is Antonia Constancc Zawisa, currently residing at 629 Gutshall Road, Boiling Springs, Cumberland County, Pcnnsylvania, She is married The plaintiff currently resides with the tilllowing pcrsons ~ Zachary David Zawisa Nicholas David Zawisa Jacqucline Teresa Zawisa Rclati!L1U.Il.in her son her son her daughtcr The detendant, the father of the children. is David lIenry Gutshall, currently residing at I] Ea,st Orange Street, ApI 2, Mt Ilolly Springs, Cumberland ('ounty, Pennsylvania lie is marricd Tht: delimdant currently resides alone, 19, The plaintifT has not pre\iously participated in any litigation concerning custody of the above mentioned children in this or any other Court 20, The plllintill' has no knowledge of any custody pnKeedings concerning these children pending belbre a court in this or any other jurisdiction, 21, The plaintill' 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 children, 22, The best interests and permanent welfare of the minor children will be met if custody is temporarily granted to the plaintilT rending a hearing in this malleI' Ibr reasons including: a) The plaintill' has pro\ided Ibr the emotional and physical needs of the children since their births and is a responsible parent who can best take care of the minor children b) The defendant has shown by his abuse of the plaintilT and the children that he is not an appropriate role model for the minor children, c) The defendant's behavior has adversely allected the children, WHEREFOltE, pursuant to the provisions of the "Protection Irom Abuse Act" of October 7, 1976,23 P S, ~6101l,l,t s~q, as amended, the plaintilT prays this Honorable Court to grant the following relief: A. Grant a Temlloral'Y Order IlUl"lIUHllt to the "Protection from Abuse Act:" Ordering the delendant to retrain Irom abusing the plaintiff or the minor children or Irom placing them in leal' of abuse, 2, Ordering the delcndant to reli'uin Irom harussing and stalking the pluintifl"and from harussing her relatives und the minor children, J Prohibiting the defcndant lrmn entcring the plaintill's plaec of employmcnt, the schools or the day care facilities of the minor childrcn, 4, Prohibiting the delendant from removing. damaging, destroying or selling property jointly owned by the parties or owned by th.: plaintilf 5, Granting possession of the homc located at 629 Gutshall Road, Boiling Springs. Cumberland ('ounty. Pennsylvania. to the plaintifl' to the exclusion of the defcndant, and ordering the defendant to stay away from any residence thc plaintill'may establish for herself pending l\ final ordcr in this mailer 6, Granting temporary custody oflhe minor childrcnto the plaintiff 0, SChfdulf a hfaring in accordancf with thf provisions of thf "Protfction from Abusf Act," and, aftff such hfaring. entu an ofdff to bf in flTfct fOf a pfriod of onf Yfar: I, Ordcring the defendant to refrain Irom abusing the plaintiff or the minor children or from placing them in fear of abusc, 2 Ordering the defendant to refrain from harassing and stalking the plaintill' and IrOlIl harassing her r.elatives and the minor children, J Prohibiting the defendant Irom entering the plainlitl's placc of employment or the schools or day care facilities of the minor childrcn 4, Prohibiting thc defendant from removing. damaging. destroying or selling property jointly owned by the parties or owncd by the plaintiff 5 Granting possession of thc home located at 629 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania, to the plaintitr to the exclusion of the delendant, and ordering the detendant to stay away Irom any residence the plaintilf ml\Y establish till' herself () Grunting support to the plaintill' and the minor children in the amount of $25000 per week payable to the plaintill'in the form of a check or llIoney order, mail cd to the plaintill's llIailing addrcss; ordering the delendant to provide health coverage to the plaintill' and minor children; and ordering the delendant to pay all of the unreimbursed medical cxpenses of the plaintill' or minor children to the providcr or to the plaintill' whcn she has paid lor the medical treatment. 7, Granting the plaintilf custody of the parties' children, Zachary David Zawisa, Nicholas David Zawisa, and Jacqueline Teresa Zawisa, 8, Ordering the delendant to pay $250,00 to Cumberland County, onc of Legal Services, [nc 's lilllding sources as reimbursement lor the cost of litigating this case, and assessing the $2500 surcharglJ and court costs to the defendant if the case goes to hearing, Thc plaintill'lilrther asks that this Petition be filed and served without paymcnt oftecs and costs by the plaint ill; pending a lilrther order at the hearing, and thaI a certified copy of this Petition and Order be delivered to the Pennsylvania State Police which have jurisdiction to enforce this Order, The plaintill' prays lor such other relief as may be just and proper ({especlfully $Ubmilted, (l;t:('~~~~;~';'~;~I';;~liii"-'" l.U;,\l. SERVICF,S. INC, 8 Irvine Row Carlisle, PA 1701J (717) 243.9400 0 0 r' ~ "(') " .. , , '-3 , ~ " '.. 5, The defendant is excluded Irom the plaintitl's residence located at 629 Gutshall Road, Uoiling Springs, Cumberland County, Pennsylvania, except lilr the limited purpose of transferring custody, and the delendant is ordered to stay away Irmll any residence the plllinlitl' may in the future establish fill' herself During transter of custody the defendant shall remain in his vehicle 6, The delendant is ordered to pay support fhr the plaintitf and the parties' tl1J'ee minor children in the amount of $175,00 per week payable to the plaintilf in the form of a check or money order, mailed to her residence, pending the entry of an Order by the Cumberland County Domestic Relations Otlice, 7, Court costs and lees arc waived 8, The lollowing is ordered with regard to custody of the parties' children, Nicholas David Zawisa, Zachary David Zawisa, and Jacqueline Teresa Zawisa a) The plaintin; hereinal\er reterred to as the mother, and the defendant, hereinal\er referred to as the father, shall share legal custody of the children b) The mother shall have primary physical custody of the children, c) The father shall have partial custody of the children at times mutually agreed upon by the parties, d) The mother and lilther shall notify each other of all medical care the children receive while in that parent's care Each parent shall notify the other immediatdy of medical emergencies which arise while the children are in that pal'\mt's care e) Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which lIY hamper the free and natuml development of the children's love or respect for the other parent. 9, This Order shall remain in etlect Illr a period of one (I) year and can be extended beyond that time if the Court tinds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintill' or the minor children, This Order shall be enlorceable in the same manner as the Court's prior Temporary Protection Order entered in this case, 10, A violation of this Order may subject the delendant to i) arrest under 23 PaCS ~611J; ii) a private criminal complaint under 2.l PaC S ~611.11; iii) a charge of indirect criminal contempt under 23 Pa,CS, ~6114, punishable by imprisonmelltup to six months and a tine of $100,00-$1,000,00; and iv) civil contempt under 23 PaT,S, ~6l141. II, The Pennsylvania State Police shall be provided with a certitied copy of this Order by the plaintill's attorney 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 oll1cer In the event that an arrest is made under thi. section, the defendant shall be taken without unnecessary delay before the court that issued the order When that court is unavailable, the defendant shall be taken before the of transterring custody, and the delcndnnt agrees 10 stay away thllll any residence the plaintill' may in the liuure estnblish for herself The delcndant will remnin in his vehicle during tmnsler of custody, 6, The delcndant agrees to pay interim support till' the plaintill' and the minor childnm in the amount of $175,00 pCI' week pnyable to the plaintill' in the form of a check or money order mailed to her residence pending the entry of an order by the Cumberlnnd County Domestic Relations OIIke, The delendant ngrees to commence pnyments within live (5) days of the entry of the Protection Order and each Friday therealler 7, The delendant, although entering into this Agreement, docs not admit the allegations made in the Petition, 8 The delendant understands that the Protection Order entered in this matter will be in elfect for a period of one ( J ) year and can be extendcd heyond that time if the Court I1nds that the delendant has committed an act of abuse or has engaged in a pattern or practicc that indicates risk ofharm to the plaintill' or minor children, The delendant understands that this Order will be enlorceable in the same manner as the Court's prior Temporary Protection Ordcr entered in this case, <) Violation of the Protection Order may subject the delendant to i) arrest under 2.1 PaCS ~611J; ii) a private criminal wmplaint under 2.1 PaC,S, ~61IJ,I; iii) a charge of indirect criminal contempt under 2.1 l)aCS ~6114, punishable by imprisonment up to six, months and a fine 01'$100,00-$1,00000; and iv) civil contempt under 2.1 PileS, ~6114,1. I I), The delendant and the plaintill' agree to the entry of an Order providing for the following custody schedule for their children, Nicholas David Zawisa, Zachary David Zawisa, and Jacqueline Teresa Zawisa a) The parties will share legal custody of the children b) The mother will have primary physical custody of the children