HomeMy WebLinkAbout99-03560G?
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Tracy L. Zeigler, IN THE COURT OF COMMON PLEAS
Plaintiff ,
:OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:NO. 99 - CIVIL TERM
James A. Zeigler, ,
Defendant :PROTECTION FROM ABUSE AND CUSTODY
NOTICE OF KHARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
net 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.
A hearing on this matter is scheduled for the /- ?A dam of
June, 1999, at_fro 4 M., in Courtroom No., -'?_of the Cumberland County
Courthouse, 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. 56114. Violation
may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, 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. 52261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT
TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. TEE 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 HELD. 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 Americana 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.
,
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Tracy L. Zeigler :THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
:NO. 99 - CIVIL TERM
James A. Zeigler,
Defendant :PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: James A. Zeigler
Defendant's Date of Birth: 1/16/58
Defendant's Social Security Number: 193-52-9264
Name of Protected Person: Tracy L. Zeigler
AND NOW, this day of 1t.. nc_ , 1999, upon
consideration of the attached Petitio3 for Protection from Abuse, the court
hereby enters the following Temporary orders
® 1. Defendant shall not abuse, harass, stalk or threaten any of the above
persona in any place where they might be found.
? 2. Defendant is evicted and excluded from Plaintiff's residence located at
, Cumberland County, Pennsylvania, (a residence which is jointly owned/leased
by the parties; owned/leased by the entireties; owned/leased solely by
Plaintiff/Defendant to which Plaintiff and the minor child/ren moved to avoid
abuse, which is not owned or leased by the Defendant, or any other permanent
or temporary residence where Plaintiff 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, except for the limited
purpose of transferring Custody of the parties' child/ren. Defendant shall
remain in his vehicle at all times during the transfer of custody.)
®3. Except for such contact with the minor child as may be permitted under
Paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT
with Plaintiff at any location, including, but not limited to any contact at
Plaintiff's place of employment located at the Labor and Industry Building,
7t" and Forester Streets, Harrisburg, PA. Defendant is specifically ordered
to stay away from the following locations for the duration of this Order:
Plaintiff's residence located at 860 Walnut Street, Apartment A-3 Cumberland
County, Pennsylvania, a residence which is leased by the Plaintiff and any
other residence Plaintiff may establish, except for the limited purpose of
transferring custody of the parties' child.
04. Except for such contact with the minor child as may be permitted under
Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone
or by any other means, including through third persona.
® S. Pending the outcome of the final hearing in this matter. Plaintiff is
awarded temporary custody of the following minor child: Jesse A. Zeigler (DOB
10/45/95)
Until the final hearing, all contact between Defendant and the child shall be
limited to the following: At times agreed upon by the parties.
The local law enforcement agency in the jurisdiction where the child are
located shall ensure that the child are placed in the care and control of
Plaintiff in accordance with the terms of this Order.
? 6. Defendant shall immediately relinquish the following weapons to the
Sheriff's Office or a designated local law enforcement agency for the delivery
to the Sheriff's Office:
Defendant is prohibited from possessing, transferring or acquiring any other
weapons for the duration of this order.
® 7. The following additional relief is granted:
The Cumberland County Sheriff's Department shall attempt to make service
at Plaintiff's request and without pre-payment of fees, but service may be
accomplished under any applicable Rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and
forwarded to the Sheriff for service. The Prothonotary shall not send a copy
of this Order to Defendant by mail.
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 Defendant has committed another act of abuse or has engaged in a
pattern or practice that indicates continued risk of harm to Plaintiff.
Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
® 8. A certified copy of this order shall be provided to the police
department where Plaintiff resides and any other agency specified hereafter:
West Shore Regional and Harrisburg City Police Departments.
? 9. THIS ORDER SUPERSEDES O ANY PRIOR PFA ORDER AND O ANY PRIOR ORDER
RELATING TO CHILD CUSTODY
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT
UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING.
NOTICE TO 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. 46114. Consent of
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. 56113. 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 D.S.C. SS 2261-2262. Any
protection order granted by a court may be considered in any subsequent
proceedings, including child custody proceedings, under title 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over
Plaintiff's residence OR any locations where a violation of this order occurs
OR where Defendant may be located. If Defendant violates Paragraphs 1 through
6 of this Order, Defendant may 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
Sheriff's office of the county which issued this Order, which office shall
maintain possession of the weapons until further Order of this Court, unless
the weapon/s are evidence of a crime, in which case, they
shall remain with the law enforcement agency whose officer made the arrest.
BY THE COURT
Joan Carey
?Z
Attorney for Plaintiff 0"?
J'-
Tracy L. Zeigler, :IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO. 99 - CIVIL TERM
James A. Zeigler,
Defendant :PROTECTION FROM ABUSE AND
:CUSTODY
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is Tracy L. Zeigler.
2. The name of the person who seeks protection from abuse is
Tracy L. Zeigler.
3. Plaintiff's address is 860 Walnut Street, Apartment A-3,
Lemoyne, Pennsylvania.
4. Defendant is believed to live at 1395 Letchworth Road,
Camp Hill, Pennsylvania, 17011.
Defendant's Social Security Number is 193-52-9264.
Defendant's date of birth is 1/16/58.
Defendant's is currently unemployed.
5. Defendant is Plaintiff's husband.
6. Plaintiff seeks temporary custody of the following child:
Name Address Birthdates
Jesse A. Zeigler 860 Walnut Street 10-25-95
Apt. A-3, Lemoyne, Pa
7. Plaintiff and Defendant are the parents of the following
minor child:
Name Acre Address
Jesse A. Zeigler 3 years old 860 Walnut Street
Apt. A-3, Lemoyne, Pa
The following information is provided in support of
Plaintiffs request for an Order of child custody:
(a) The child was not born out of wedlock.
(b) The child is presently in the custody of Plaintiff, Tracy
L. Zeigler, who resides at 860 Walnut Street, Apartment A-3,
Lemoyne, Cumberland County, Pennsylvania.
(c) Since his birth the child
persons and at the following add
Person(s) child
Childs name lived with
Jesse A. Zeigler Plaintiff and
Defendant
has resided with the following
:esses:
Address when
124 Mt.View Terrace Oct.95
Dover, PA to Aug.98
Jesse A. Zeigler Plaintiff and 1395 Letchworth Rd. Aug.98 to
Defendant Camp Hill, PA Dec. 98
Jesse A. Zeigler Plaintiff,Mike 4403 Royal Oak Dr. Jan.99 to
and Fran Langan Camp Hill, PA March 99
Jesse A. Zeigler Plaintiff 860 Walnut St. March 99
Lemoyne, PA to Present
(d) Plaintiff, the mother of the child, is, currently
residing at 860 Walnut Street, Apartment A-3, Lemoyne, Cumberland
County, Pennsylvania.
(e) She is married.
(f) Plaintiff currently resides with the following persons:
Name Relationship
Jesse A. Zeigler Son
(g) Defendant, the father of the child, is currently residing
at 1395 Letchworth Road, Camp Hill, Cumberland County,
Pennsylvania.
(h) He is married.
(i) Defendant currently resides with the following person/s.
Name Relationshifl
David L. Zeigler Brother
Troy Myers Nephew
(j) Plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in
this or any other Court.
(k) Plaintiff has no knowledge of any custody proceedings
concerning this child pending before a court in this or any other
jurisdiction.
(1) Plaintiff does not know any person not a party to this
action who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
(m) The best interests and permanent welfare of the minor
child will be met if custody is temporarily granted to Plaintiff
pending a hearing in this matter for reasons including:
Plaintiff is a responsible parent who has provided
for the emotional and physical needs of the child since
his birth, and who can best take care of the minor
child.
8. The facts of the most recent incident of abuse are as
follows:
On or about May 29, 1999, Defendant opened the door to his
residence and pulled Plaintiff into the house by her hair,
called her vile names, grabbed her by the shoulders causing
bruises, and pushed her into the couch. Defendant reached
into Plaintiff's car as she tried to leave and tried to pull
her head through the window by her hair. Defendant screamed
at Plaintiff that he was going to get her causing her to
fear for her safety.
9. Defendant has committed the following prior acts of abuse
against Plaintiff:
a. On or about January 24,1999, Defendant punched
Plaintiff in the head and told her to get out.
b. On or about November 1, 1998, Defendant grabbed
Plaintiff on the sides of her head and forcefully pushed her
head backwards into the basement door. Later that same day,
Defendant pulled Plaintiff off of the floor by her arms and
shoved her onto the couch. Defendant grabbed Plaintiff by
the throat and pushed her back onto the couch when she tried
to leave the residence.
c. On or about November 2, 1998, Defendant forcefully
grabbed Plaintiff by the front of her shirt with both
hands and pushed his fists upward under her face
causing a cut on her lip.
d. On several occasions since 1992, Defendant called
Plaintiff vile names and pushed her causing bruises. On two
separate occasions Defendant abused Plaintiff in the
following ways: 1.)threw her onto the kitchen floor,
straddled her, and pinned her shoulders down causing her to
fear for her safety, and 2) chocked her as she breast fed
her son.
10. The following police departments or law enforcement
agencies in the area in which Plaintiff lives should be provided
with a copy of the Protection Order: West Shore Regional Police
and Harrisburg City Police Departments.
11. There is an immediate and present danger of further abuse
from the Defendant.
12. Plaintiff is asking the Court to order Defendant to stay
away from the residence at 860 Walnut Street, Apartment A-3,
Lemoyne, Pennsylvania, which is rented by Plaintiff.
WHEREFORE, PLAINTIFF REQUESTS 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 in any place where Plaintiff may be found.
B. Order Defendant to stay away from Plaintiff's residence and
prohibit Defendant from attempting to enter any temporary or
permanent residence of Plaintiff.
C. Award Plaintiff temporary custody of the minor child and
place the following restrictions or contact between Defendant and
child: At times agreed upon by the parties.
D. Prohibit Defendant from having any contact with Plaintiff
either in person, by telephone, or in writing, personally or
through third persons, including, but not limited to any contact
at Plaintiff's place of employment, except as the Court may find
necessary with respect to partial custody and/or visitation with
the minor child.
E. Prohibit Defendant from having any contact with Plaintiff's
relatives.
F. Order Defendant to pay the costs of this action, including
filing fees, service fees, and surcharge of $25.00.
G. Order Defendant to pay $250.00 to reimburse one of Legal
Services, Inc.'s funding sources for the cost of litigation in
this case.
H. Order the following additional relief, not listed above:
a. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
b. Defendant is to refrain from harassing Plaintiff's
relatives.
I. Grant such other relief as the court deems appropriate.
Order the police or other law enforcement agency to serve
Defendant with a copy of this Petition, any Order issued, and the
Order for Hearing. Plaintiff will inform the designated
authority of any addresses, other than Defendants residence,
where Defendant can be served.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAiP
13. The allegations of Count I above are incorporated herein
as if fully set forth.
14. The best interest and permanent welfare of the minor
child will be served by confirming custody in Plaintiff as set
forth in paragraph #7 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. Sec., and other
applicable rules and law, Plaintiff prays this Honorable Court to
award custody of the minor child to her.
Plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
C
Joark/ Carey
Attorney for aintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Dated:
I verify that I am the Plaintiff as designated in the present
action and that the facts and statements contained in the above
Petition are true and correct to the beet of my knowledge. I
understand that any false statements are made subject to the
penalties of 18 Pa.C.S. 54904, relating to unsworn falsification
to authorities.
C%0199
Dated:
Tracy L. Zeigler
C' tJ
J
CJ G? U
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03560 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ZEIGLER TRACY L
VS.
ZEIGLER JAMES A
TIMOTHY REITZ
Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FROM ABUSE was served
upon ZEIGLER JAMES A the
defendant, at 17:20 HOURS, on the 10th day of. June
1999 at 1395 LETCHWORTH ROAD
CAMP HILL, PA 17011 CUMBERLAND
County, Pennsylvania, by handing to JAMES A. ZEIGLER
a true and attested copy of the PROTECTION FROM ABUSE
together with AND CUSTODY NOTICE OR HEARING & ORDER,
TEMPORARY PROTECTION FROM ABUSE ORDLP
and at the same time directing 111.n attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 10.00 //??
Affidavit 9.00 10040a?, ra/.ae ?
Surcharge 8.00 R-f.,ynumas Kline/ eri
S35-30-
06/11/1999
by r?
u y e
7 L) P 7-
Sworn and subscribe to before me
this //I" day of?.41
19 94 A.D.
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j- Prot11U11ULCALy
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Tracy L Zeigler, :IN THE COURT OF COMMON PLEAS
Plaintif f
OF CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
:NO. 99 - 3560 CIVIL TERM
James A. Zeigler,
Defendant :PROTECTION FROM ABUSE
: AND CUSTODY
FINAL ORDER OF COURT
Defendant's Name: James A. Zeigler
Defendants Date of Birth: 1/16/58
Defendants Social Security Number: 193-52-9264
Names of Protected Person: Tracy L. Zeigler
AND NOW, this IID day of June, 1999, the court having
jurisdiction over the parties and the subject-matter, it is
ORDERED, ADJUDGED, and DECREED as follows:
Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.;
Defendant is unrepresented but is aware of his right to have an
attorney. The parties agree that the following may be entered as
an Order of Court. Defendant, although agreeing that an Order
may be entered, does not admit to the allegation made in the
Petition.
? Plaintiff fIs request for a Final Protection order is denied OR
®Plaintiff's request for a Final Protection Order is granted.
01. Defendant shall not abuse, stalk, harass, threaten
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 *[NONCONF IDENTIAL ADDRESS FROM WHICH DEFENDANT IS
EXCLUDED] or any other residence where Plaintiff 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.
? On (Insert date and time), Defendant may enter the residence
to retrieve his/her clothing and other personal effects, provided
that Defendant is in the company of a law enforcement officer
when such retrieval is made.
03. Except as provided in Paragraph 5 of this order, Defendant
is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to any contact at
Plaintiff's place of employment at the Labor and Industry
Building, 7th and Forester Streets, Harrisburg, Pennsylvania.
Defendant is specifically ordered to stay away from the following
locations for the duration of this Order: Plaintiff's residence
located at 860 Walnut Street Apt. A-3, Lemoyne, Cumberland
County, Pennsylvania, and any other residence Plaintiff may
establish.
® 4. Except as provided in Paragraph 5 of this order,
Defendant shall not contact Plaintiff by telephone or by any
other means, including third parties.
® 5. Custody of the minor child, Jesse A. Zeigler (DOH
10/25/95), shall be as follows: See attached Custody order.
? 6. Defendant shall immediately turnover to the Sheriff's
Office, or to a local law enforcement agency for delivery to the
Sheriff's Office, the following weapons used or threatened to be
used by Defendant in an act of abuse against Plaintiff and/or the
minor child/ren;
? 7. Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this Order. Any
weapons delivered to the sheriff under Paragraph 6 of this order
or under Paragraph 6 of the Temporary Order shall not be returned
until further Order of Court.
0 8. The following additional relief is granted as authorized
by 56108 of this Act:
a. 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 Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
b. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
C. Defendant is to refrain from harassing Plaintiff's
relatives.
d. The court costs and fees are waived.
? 9. Defendant is directed to pay temporary support for [insert
the names of the persons for whom support is to be paid]
as follows: [insert amount,
frequency and other terms and conditions of the support order]
This order for support shall remain in effect
until a final support order is entered by this court. However,
this Order shall lapse automatically if Plaintiff does not file a
complaint for support with the Court within fifteen days of the
date of this order. The amount of this temporary order does not
necessarily reflect Defendant's correct support obligation, which
shall be determined in accordance with the guidelines at the
support hearing. Any adjustments in the final amount of support
shall be credited, retroactive to this date, to the appropriate
party.
? 10. The costs of this action are waived as to Plaintiff and
imposed on Defendant.
? 11. Defendant shall pay $* to Plaintiff as compensation for
Plaintiff's out-of-pocket losses, which are as follows:
OR
? Plaintiff is granted leave to present a petition, with
appropriate notice to Defendant, to [insert the name of the judge
or court to which the petition should be presented] requesting
recovery of out-of-pocket losses. The petition shall include an
exhibit itemizing all claimed out-of-pocket losses, copies of all
bills and estimates of repair, and an order scheduling a hearing.
No fee shall be required by the Prothonotary's office for the
filing of this petition.
? 12. BRADY INDICATOR
1.0 Plaintiff or protected person(s) is a spouse, former spouse,
a person who cohabitates or has cohabited with Defendant, a
parent of a common child, a child of that person, or a child of
Defendant.
2.0 This order is being entered after a hearing of which
Defendant received actual notice and had an opportunity to be
heard.
3.0 Paragraph 1 of this Order has been checked to restrain
Defendant from harassing, stalking, or threatening Plaintiff or
protected person(s).
4.0 Defendant represents a credible threat to the physical
safety of Plaintiff or other protected person(s) OR
? The terms of this order prohibit Defendant from using,
attempting to use, or threatening to use physical force against
Plaintiff or protected person that would reasonably be expected
to cause bodily injury.
® 13. THIS ORDER SUPERCEDES ® ANY PRIOR PFA ORDER AND® ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
14. All Provisions of this Order shall expire in one year.
NOTICE TO 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. 56114. 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 ACTION, IS U.S.C.
52265. 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. 55 2261-2262. IF
PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT
TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS
OF THE GUN CONTROL ACTION, 18 U.S.C. 5922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiff's residence OR
any location where a violation of this order occurs OR where
Defendant may be located, shall enforce this Order. An arrest
for violation of Paragraphs 1 through 7 of this order may be
without warrant, based solely on probable cause, whether or not
the violation is committed in the presence of the police. 23
Pa.C.S. 56113.
Subsequent to an 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 [insert
the appropriate name or title] shall maintain possession of the
weapons until further Order of this Court. When Defendant is
placed under arrest for violation of the order, 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 Plaintiff, Plaintiffs presence and signature are not
required to file the complaint.
if sufficient grounds for violation of this Order are
alleged, Defendant shall be arraigned, bond set and both parties
given notice of the date of the hearing.
BY THE COURT;
Edgar B
If entered pursuant to the consent of Plaint,Xff and Defendant:
awl,
Tracy L. Zeigler J es A. Zeig er
Plaintiff Pro Se Defendant
J n Carey
Attorney for Plaintiff
8 Irvine Row
Carlisle, PA 17013
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Tracy L. Zeigler
Plaintiff
V.
James A. Zeigler
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3560 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
CUSTODY ORDER
AND NOW, this IL- " day of June, 1999, upon consideration of
the parties' Consent Agreement, the following order is entered
with regard to custody of the parties' child, Jesse A. Zeigler.
1. Plaintiff, hereinafter referred to as the mother, shall
have primary physical and legal custody of the child.
2. Defendant, hereinafter referred to as the father, shall
have partial custody of the child, on dates and at times agreed
upon by the mother and father.
3. The parties shall share the following holidays: Easter,
Memorial Day, the Fourth of July, Labor Day, Thanksgiving, and
Christmas at times agreed upon by the mother and father.
4. The father shall have the right to see the child on his
birthday at a time to be agreed upon by the mother and father.
5. The mother and father, by mutual agreement, may vary from
this schedule at any time, but the Order shall remain in effect
until further order of court.
6. The mother and father shall supply each other with a
current address and phone number at all times.
7. Both parties shall have reseasonable phone contact with
the child while in the other parties care.
8. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
child is in that parent's care.
9. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child
as to the other parent or which may hamper the free and
natural development of the child's to "r. respect for the other
parent.
Edgar B. T3a)Aey, Judge
if entered pursuant to the consent of Phtintiff and Defendant:
_ 1? 1vA?
Tracy L. Zeigler &1141n Japes A. Zeig er
Plaintiff Pro Se Defendant
Jo n Carey
Attorney for Plaintiff
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