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HomeMy WebLinkAbout01-04922LESLIE SUSAN ZIMMERMAN, Plaintiff vs. WILLIAM LEE ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1- ~19a ate, CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. n A hearing this matter is scheduled on the _~ day of August, 2001, at ~.m., in Courtroom No. ~ on the 4a` Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. LESLIE SUSAN ZIMMERMAN, Plaintiff v. WILLIAM LEE ZIMMERMAN, Defendant In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA : No. O1- ~~ Civil Action -Law Protection From Abuse and : Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: W1I.LIAM LEE ZIMMERMAN Defendant's Date of Birth is: November 21,1955 Defendant's Social Security Number is: 194-42-8111 Name(s) of All protected persons, including Plaintiff and minor children: 1. LESLIE~SAN ZIMMERMAN AND NOW, on~MtDay of August, 2001 upon consideration of the attached Petition for Pro echon from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalls or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 420 North Enola Drive Enola, PA 17025 or any other permanent or temporary residence where Plaintiff or any other person protected under this Order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except for such contact with the minor children as maybe permitted under paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current address listed above or any other residence which she may establish for herself during the term of this Order. Plaintiffls current place of employment, listed below, or any other location where she maybe employed during the term of this Order. Nurse Finders 30 Queen Avenue Harrisburg, PA The schools and child care facility of the minor children. 4. Except for such contact with the minor children as maybe permitted under paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor children: 1. RACHEL ANN ZIMYIERMAN 2. WILLIAM LEE ZIMMERMAN, JR. Until the final hearing, all contact between Defendant and the children shall be limited to the following: .. Defendant's contact with the parties' minor children shall be suspended pending further Order after the hearing scheduled in the case. The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 7. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiffs relatives. Defendant is ordered to refrain from harassing Plaintiff s relatives and the parties' minor children. Defendant is enjoined from damaging or destroying any jointly owned property or any property owned solely by Plaintiff. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT HARRISBURG POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH 9. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL FEBRUARY 2Q 2001 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant maybe located. If defendant violates Paragraphs 1 through 6 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. ~ - Judge LI ?;ou 1 Date Distribution to: David A. Lopez, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 (717)243-9400 or1-800-822-5288 Faxed & Mailed to PSP ~~1i ~:.~_.l ~ ~4. "~i~t.~':ni~ ...,. _-`.~.~n~ c U ~~ ~'~ ! Z ;1F1~ l f_? f ;~ ,, PFAD Number: TB1313655N LESLIE SUSAN ZIMMERMAN, Plaintiff v. WILLIAM LEE ZIMMERMAN, Defendant In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA : No. O1- y~ Civil Action -Law Protection From Abuse and Custody No. CIVIL ACTION -LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: LESLIE SUSAN ZIMMERMAN 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. LESLIE SUSAN ZIMMERMAN 4. Plaintiffs Address is :420 North Enola Drive , Enola, PA 17025 5. Defendant's Name is: WILLIAM LEE ZIMMERMAN 6. Defendant is believed to live at the following address: c/o Donald and Sharon Zimmerman , 221 North 2nd Street ,Steelton, PA 17113 7. Defendant's Social Security Number is: 194-42-8111 8. Defendant's Date of Birth is: November 21,1955 9. Defendant's Place of employment is: Gary Diemler and Sons Construction, 6530 Derry Street, Harrisburg, Dauphin County, PA. Tel.: (717) 564-3039). 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 12. The defendant has been involved in a criminal court action. 13. Plaintiff and Defendant are the parents of the following minor children: a. RACHEL ANN ZIMMERMAN Age:S years old Child's address is: 420 North Enola Drive , Enola, PA 17025 b. WILLIAM LEE ZIMMERMAN, JR. Age:7 years old Child's address is: 420 North Enola Drive , Enola, PA 17025 14. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. RACHEL ANN ZIMMERMAN For the past 5 years, this child has lived with: Plaintiff and the parties' 7-year-old son, William Lee Zimmerman "Billy", at 420 North Enola Drive, Enola, PA, from August 12, 2001, to the present. Plaintiff, Defendant, Billy, and Defendant's 12-year-old son by a previous relationship, Sean William Cardenas, at 420 North Enola Drive, Enola, PA, from March 11, 2001, until August 12, 2001. Plaintiff and Billy, at 5ummerdale Apartments, C»Ilege $ill Road, Enola, PA, from October 1, 2000, until March 11, 2001. Plaintiff, Defendant, and Billy, at 420 North Enola Drive, Enola, PA, from July 1,1998, until September 30, 2000. Plaintiff, Defendant, and Billy, at 226 Susquehanna Avenue, Enola PA, from Apri11998, until June 30,1998. Plaintiff, Defendant, Billy, and Andrew Lee Clarke, Plaintiffs son by a previous marriage, at 226 Susquehanna Avenue, Enola PA, from the date of Rachel Ann Zimmerman's birth on January 12, 1996, until Apri11998. b. WILLIAM LEE ZIMMERMAN, JR. For the past 5 years, this child has lived with: Plaintiff and the parties' S-year-old daughter, Rachel Ann Zimmerman, at 420 North Enola Drive, Enola, PA, from August 12, 2001, to the present. Plaintiff, Defendant, Rachel, and Defendant's 12-year-old son by a previous relationship, Sean William Cardenas, at 420 North Enola Drive, Enola, PA, from March 11, 2001, until August 12, 2001. Plaintiff and Rachel, at Summerdale Apartments, College Hill Road, Enola, PA, from October 1, 2000, until March 11, 2001. Plaintiff, Defendant, and Rachel, at 420 North Enola Drive, Enola, PA, from July 1, 1998, until September 30, 2000. Plaintiff, Defendant, and Rachel, at 226 Susquehanna Avenue, Enola PA, from April 1998, until June 30, 1998. Plaintiff, Defendant, Billy, and Andrew Lee Clarke, Plaintiffs son by a previous marriage, at 226 Susquehanna Avenue, Enola PA, from the date of Rachel's birth on January 12,1996, until Apri11998. 15. The facts of the most recent incident of abuse are as follows: On about Sunday, August 12, 2001 location: 420 North Enola Drive, Enola, PA, the marital residence. Plaintiff was awakened by Defendant, who was fondling her, and when she refused to engage in sexual relations with him, he said, "Well, then get the fuck out of here you fat pig". Defendant, who is aware that Plaintiff has serious degenerative joint disease and requires hip replacement surgery, kicked her on the hip as lay in bed, and when she tried to get away from him, he punched in her in the face, causing her to fall backward onto the bed. Plaintiff telephoned 911 for help. The East Pennsboro Township Police responded, charged Defendant with harassment and simple assault, was arrested, and taken to Cumberland County Prison. Defendant was arraigned, made bail the following day and was released. A preliminary hearing on the criminal charges is scheduled for August 22, 2001, at 10:15 a.m. before District Justice Manlove. As a result of this incident Plaintiff sustained swelling, soreness, and bruising about her forehead, cheek and eye, exacerbation of the pain in her hip, and has had ongoing headaches and vision problems. 16. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT 17. There is an immediate and present danger of further abuse from the Defendant. 18. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 420 North Enola Drive Enola, PA 17025 Rented By:Leslie Susan Zimmerman and William Lee Zimmerman 19. The Defendant owes a duty of support to Plaintiff and/or minor children. 20. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: any medical expenses incurred by Plaintiff for treatment of injuries she sustained as a result of the incident which occured on or about August 12, 2001. $100.00 in funds which Plaintiff had set aside for moving expenses. Defendant took the $100.00 from the residence on August 12, 2001, when he was arrested, to pay for his bail. 21. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor children in any place where Plaintiff maybe found. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: Defendant's contact with the parties' minor children shall be suspended pending further Order after the hearing scheduled in the case. d. Prohibit Defendant from having any contact with Plaintiff and/or minor children, either in person, by telephone, or in writing, personally or through third'persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. e.. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. £ Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. g. Order Defendant to pay temporary support to Plaintiff and/or the minor children, including medical support and payment of the rent or mortgage on the residence. h. Direct Defendant to pay Plaintiff for the reasonable fmancial losses suffered as the result of the abuse, to be determined at the hearing. Order Defendant to pay the costs of this action, including filing and service fees. j. Order the following additional relief, not listed above: Order Defendant to refrain from harassing the parties' minor children. Enjoin Defendant from damaging or destroying any jointly owned property or any property owned solely by Plaintiff. Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost of litigating this case. k. Grant such other relief as the court deems appropriate. 1. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: ~ ~~ ~'~'~- David Lopez, Attorn for I ' ti MID-PENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Distribution to: MIDPENN LEGAL SERVICES Fax and Mail to PSP Cumberland County Sheriff VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subj ect to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: R' ~~ ' ~~ L lie Sus Z' rman, Plaintiff - '~`' r, --' -n ,,„ r :,_; .L'' ` - 1 v.~ ~6 a nA/71 /n7 TTiF 13~d5 FAX 717 2d0 8573 CTiMR CO PROTAONOTARV 1001 *~~ MULTI TN REPORT *~~ *sac*za~*sae~~**:s~~e~:~*xxc~*~**se TX/RX NO 2769 INCOffiPLETE TX/RX TRANSACTION O% [ 0119p2490779 PSP [ 03]9p2405331 CP [ 04192438026 LS ERROR r OFFICE bF THE PROTHONdPARY CUM6ERCAND O7UIJI'Y CC><1RTHIXJSE ONE COC]RTHOUSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-5195 FAX (717) 240-6573 V I A T E L E C O P I E R TO: FAX N: FROM: PA STATE POLICE - CaNt. ~ROGCSS.- /~I, ~. /..5. RE: NtESSAGE: 717-249-0779 CURTIS R. LONG PFA ORDERS NO. OF PAGES (I[Y...I,UpING COVER SHEET) Tttis nom: is intsax~d mLy &xc ri'e rsc of the iTTdiv+~ Nl cr iartity ~ vtlic31 ;s is , ~ ~ ~¢lid]'T7 infrvrtwhim that iS mi+n_,,,~lerrrMl tttlfit9ential 31d - £1700 Aia-lrta rca ~(~ ~,j~]@ ]Sd. [f a1~ ,~ ~ n,is ~s rrat ri,e inha~l ~;, yam„ are t~ iaCified ti,~t a'y ai~liirl~ri~rT, d;Gn;r~,~-sn rg a43'N9 cg this mTm_rticaiim is strictly ~dul7it~d. If }au ta~,>r re~i~.ed Uus u,7mutic.~, irn i77 C:1~tt, please Y l6 ;nnrrTiatpTy ~, ~~-ixe aid tetlttn tt~ ~xiprt3l ~c'~ h~ w a' E~ LESLIE SUSAN ZIlVIlVIERMAN, Plaintiff v. WILLIAM LEE ZIMMERMAN, Defendant In the Court of Common Pleas of CUMBERLAND County, : PENNSYLVANIA No. O1- 4922 : Civil Action -Law : Protection From Abuse and : Custody FINAL ORDER OF COURT Defendant's Name is: WILLIAM LEE ZIMMERMAN Defendant's Date of Birth is: November 21,1955 Defendant's Social Security Number is: 194-42-8111 Name(s) of All protected persons, including Plaintiff and minor children: 1. LESLIE SUSAN ZIMMEI2MAN AND NOW, this 28th Day of August, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Leslie Susan Zimmerman, is represented by Joan Carey and David A. Lopez of MidPenn Legal Services; Defendant, William Lee Zimmerman, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff s request for a final protection order is granted. ~~i~f.~ r.r,~ -_ ~W a,'e,;~, 1. Defendant shall not abuse, stalls, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 420 North Enola Drive Enola, PA 17025 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. PlaintifT's current address listed above or any other residence which she may establish for herself during the term of this Order. Defendant may contact Plaintiff by telephone at her residence for the limited purpose of communicating information regarding the parties' minor children, and Defendant may transfer custody of the minor children at Plaintiffs residence, wherever that may be. Defendant shall park his vehicle at the curb in front of Plaintiffs residence and he shall remain in his vehicle at all times during transfer of custody. Defendant's contact with Plaintiff for these limited purposes shall not be seen as violations of this Order. Plaintiff s current place of employment, listed below, or any other location where she maybe employed during the term of this Order. Nurse Finders 30 Queen Avenue Harrisburg, PA The schools and child care facility of the minor children. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: 1. RACHEL ANN ZIMMERMAN 2. WILLIAM LEE ZIlVID'IERMAN, JR. shall be as follows: . Primary physical custody of the minor children is awarded to the Plaintiff. . Defendant shall have the following partial physical custody/visitation rights: see attached Custody Order: . Transportation for partial physical custody/visitations shall be by the Defendant . The custody exchanges shall take place at: Plaintiff s residence, wherever that maybe. Defendant shall park his vehicle at the curb in front of Plaintiff's residence and he shall remain in his vehicle at all times during transfer of custody. 6. The following additional relief is granted as authorized by §6108 of the Act: Defendant is prohibited from having any contact with Plaintiff s relatives. Defendant is ordered to refrain from harassing Plaintiff s relatives and the parties' minor children. Defendant is enjoined from damaging or destroying any jointly owned property or any property owned solely by Plaintiff. The court costs and fees are waived. 7. A certified copy of this Order shall be provided to the police deparhnent where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT HARRISBURG POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH 8. THIS ORDER SUPERSEDES: I . ANY PRIOR PFA ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 9. All provisions of this order shall expire on: February 28, 2003 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant maybe located, shall enforce this order. An arrest for violation of Paragraphs 1 through 5 of this order maybe without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. By th George E. Hoffer, President Judge This rder is entered pursuant to the consent of Plaintiff and D ant: vv~ _.. _,.~ L_ L 'e s i laintiff illiam Lee erman, Defendant J an Carey David A. Lopez Attorneys for Plaintiff Distributed to: Joan Cazey David A. Lopez Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 William Lee Zimmerman, Defendant C/o Clifford McFarland 47 Queen Avenue, Enola, PA 17025 FAXed and mailed to PSP LESLIE SUSAN ZIMMERMAN, Plaintiff vs. WILLIAM LEE ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI- 4922 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY CUSTODY ORDER AND NOW, this ~ day of August, 2001, the following Order is entered by consent of the parties with regard to custody of the parties' children, Rachel Ann Zimmerman and William Lee Zimmerman, Jr. Plaintiff, hereinafter referred to as the mother, and Defendant, hereinafter referred to as the father, shall share legal custody of the children. 2. The Mother shall have primary physical custody of the children. 3. The Father shall have partial custody of the children each Tuesday and Thursday from 5:00 p.m. unti17:30 p.m., and on an alternating basis, Saturday from 10:00 a.m. unti15:00 p.m. and the following weekend, Sunday from 1:30 p.m. unti14:30 p.m. In addition, the Father may have periods of custody with the children on dates and at times mutually agreed upon by the parties. 4. The parties shall alternate the following holidays from 10:00 a.m. until 8:00 p.m.: New Years, Easter, Memorial Day, July 4th, and Labor Day. The Mother shall commence the schedule having the children on Labor Day, September 3, 2001. The holiday schedule shall supercede the regular custody schedule. The parties shall share the Thanksgiving Day holiday with the Father having the children from 9:00 a.m. unti12:00 p.m. and the Mother having the children from 2:00 p.m. 6. Each year the Father and Mother shall share the Christmas holiday with the Mother having the children on Christmas Eve from noon until Christmas Day at noon, and the Father having the children from noon on Christmas Day until December 26th at noon. ., 7. The Mother shall have the children on Mother's Day from 9:00 a.m. and keep them for the remainder of the day, and the Father shall have the children on Father's Day from 9:00 a.m. unti18:00 p.m. 8. The Father shall provide transportation during his periods of partial custody. 9. Transfer of custody of the children shall be at the Mother's residence, wherever that maybe. The Father shall park his vehicle at the curb in front of the Mother's residence and he shall remain in his vehicle at all times during transfer of custody. 10. The Father shall not use alcohol immediate prior to or during his periods of custody with the children. 11. The Mother and Father, by mutual agreement, may vary from this schedule at any time, but this Custody Order extends beyond the expiration of the above-captioned Final Order of Court and remains in effect pending further Order of Court regarding custody. 12. The Mother and Father agree that each shall notify the other immediately of medical emergencies, which arise while the children are in that parent's care. 13. 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 may hamper the free and natural development of the children's love or respect for the o anent. By This George E. Hoffer, President Judge is entered pursuant to the consent of Plaintiff andp~yi$~iit: i~ ~, Susan Zfri#r-e>, Plaintiff 'William Lee Joan Carey / J David A. Lopez V Attorneys for Plaintiff, MidPenn egal Services 08/31/O1~.FRI..15:33 FA% 717 240 6573 CUBIB CO PROTHONOTARY f~oo] *~e:s~*xx~za~:a:e~a~wza*x$~*~:~* :~*s MULTI TN REPORT ~~* aces:ixa:~:e~x~~~*~a*a:~*~~~*gsix T~/R% NO 2786 INCOffiPLETE T%/R% TRANSACTION OR [ 0119p2490779 PSP [ 0319p2405331 GP ERROR OFFICE OF 1fiE PROTHONOTARY CUMBERLAND CIX1NCy 417URTHOUSE ONE COL1R't'HWSE SQUARE CARLISLE, PA. 17013-3387 (717) Z40-6195 FAX (717) 240-6573 VIA T E L E C O P I$ R TO: PA STATE POLICE - ~~,v~llpN) tQ,Eoer~s5. - ~.~ ~..~ . FAX N: 717-249-0779 FRa7: CURTIS R. LONG RE: PFA ORDERS MESS<+GE: NO. OF PAGES (1PY'LUDING COVER SHE6`I') This rt~a~ i5 inis~d arty &r tl'e tse ~ the indjvicisl Q e7tity to t~ictl iS ]S mod, 2[t~ nai' oumain inf~nrat3rn lf~t: is kri-vi]e9~d, ornfi~rtial a'd emit &an di5ckmae ux~t ~pliaahle 18w. T F the cea~r of lftis'J' is mt tl~ inlplt~] reeipi~nt, ya.: are tom,. mhified that any dis~tnitt~t~rn, ~ctriFr M•irn Q ~~ ~ t111S fAIIM]Cd:7Q'1 35 stzictiy lxrlubiUed. zf you t~ ~i~ ttus ac~m4nu.~`..Tn+ 9r . pleaEie notify us imr~clialPly ~ lr~hxe an3 return tl:e ; to u; a: tr~3 ~#n. _• a via tt~ '.:.5. pa~tal savirn. Tlavc ycu. ~, . ,,,.~,Rn,~n SHERIFF'S RETURN - REGULAR CASE NO: 2001-04922 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ZIMMERMAN LESLIE SUSAN VS ZIMMERMAN WILLIAM LEE BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon ZIMMERMAN WTLLIAM LEE the DEFENDANT at 1002:00 HOURS, on the 22nd day of August 2001 at DJ MANLOVE'S OFFICE by handing to WILLIAM LEE ZIMMERMAN a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this 3a ~ day of ~.n= &&nn~~ Protrio~a~~~ So Answers: R. Thomas Kline 08/24/2001 By: t Deputy Sheriff F,