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HomeMy WebLinkAbout94-01457 CONNIE MAY 8Cn~nZER, plaintiff I I~ 'l'HIll COUR'l' OF COMMON P~EAS OF I I CUMBERLAND COUNTY, PENNSY~VANIA I I CIVI~ ACTION - LAW , . I t.t -/. ILl ,I} . 7 C i v I I J ~ , ,). I NO. CIVI~ 1994 I I PRO'l'ECTION FROM ABUSIll I AND CUS'l'ODY vs. CAR~ WILLIAM SCHERZIllR, Defendant I ,I 'I II i TEMPORARV PRO'l'ECTIVE ORDER AND NOW, this 2Y""day of Maroh, 1994, upon presentation and oonsideration of the within petition, and upon finding that the plaintiff, CONNIE MAY SCHIllRZER, now residing at 162 East chapel Avenue, carlisle, cumberland county, PennBylvania, il in immediate and present danger of abuse from the defendant, CAR~ WI~~IAM SCHERZIllR, the following 'l'emporary order is entered. 'l'he defendant, CARL WILLIAM SCHERZER, now residing at 331 Bur9nerl Road, Carlisle, cumberland county, PennBylvania, il hereby enjoined from physioally abuBing the plaintiff, CONNIE MAY SCHERZER, or placin9 her in fear of abuBe and il ordered to stay away from the reBidence located at 162 EaBt Chapel Avenue, cumberland county, PennBylvania, a rel1dence whioh is leased soley by the plaintiff and whioh the defendant left on March 5, 1994. 'l'he defendant is hereby notified that if he reside. in the plaintiff's domioile contrary to this order, he may be in indirect criminal contempt which is punishable by a fine not to exoeed $1,000.00 and/or by a lentence of up to six months in jail and any other appropriate puniahment. Resumption of oo-reaidenoe on the part of the plaintiff and defendant .hall not nullify the provisiona of the Court order directin9 the defendant to refrain from abuain9 the plaintiff. T.mporary cu.tody of DER~~ and SIllAN SCHERZIllR i. hereby awar4.d to the plaintiff, CONNIIll HAY SCHIllRZER. Th. d.f.ndant ie ordered to refrain from havinq any contact with the plaintiff inoluding, but not limited to, restraining the det.ndant from .nterinq the plaintiff's plaoe ot employment, from hara..inq or stalkinq the plaintiff, and from harassinq the plaintiff's r.lativ.s. Thi. Ord.r .hall remain in effect until a final order is .nt.r.d in this oa~.. A hearinq shall be held on this matter on II) Ii \)U(', the if day of ie'all.h, 1994, at 'l,r'O (, .m. in Courtroom NO.~, Cumberland County courthouse, Carlisle, Pennsylvania, Th. plaintiff may prooeed in forma pauperis p.nding a turther ord.r atter the h.arinq. Th. Cumb.rland County Sheriff'e offioe shall attempt to make ..rvice at the plaintiff's request, but servioe may be aoc~mpli.h.d und.r any applioabl. rule of civil Procedur.. Th. Carlisl. and P.nnsylvania state Polioe Departm.nt will b. provided with a copy of this Order by attorney. for plaintitf. 'l'hi. Ord.r shall b. enforced by any law enforoem.nt ag.ncy wh.r. a violation occurs by arr.st for indirect criminal cont.mpt without warrant upon probable cause that this Ord.r has be.n violat.d, wh.th.r or not the violation is committ.d in the pres.nc. of the polic. officer. In the ev.nt that an arr.st i. mad. und.r this ..ction, the def.ndant shall be tak.n without unn.c...ary d.lay b.fore the court that is~uad the Ord.r. Wh.n " that oourt i. unavailable, the defendant .hall be taken betore the appropriate di.triot justioe (33 pa.C.S.A. section 6113). By the court, Ad " " CONNIE MAY SCHERZER, Plaintiff va. I IN THE COUR'l' OF COMMON PLEAS OF I I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I 1)/1- 1'/'1 I t,., I ,,"., I NO. CIVIL 1994 I I PROTECTION FROM ABUSIll I AND CUSTODY CARI. WILLIAM SCHERZER, Defendant NOTICE You have baen aued in court. If you wish to defend aqainat the claims set forth in the following paqes, you muat take action promptly after thia Petition, Order and Notica are served, by appearinq personally or by attorney at the hearinq scheduled by the Court and presenting to the Court your defenses or objections to the claima sat torth aqainst you. You are warned that if you fail to do so the Court may proceed without y~u, and a jUdqment may be entered aqainst you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD 'l'ARIll 'l'HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONIll THE OFFICE SIllT FOR'l'H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINIS'l'RATOR, 4th FLOOR CUMBERLAND COUN'l'Y COUR'l'HOUSIll CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER I (717) 240-6200 Vs. I IN THE COURT OF COMMON PLIllAS or I I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I '1'1 /'1'57 (,., I 7,,,n I NO. CIVIL 1994 I I PRO'l'EC'l'ION FROM ABUSE I AND CUSTODY CONNIE MAY SCHERZER, plaintitt CARL WILLIAM SCHERZER, Defendant PETITION FOR PRO'l'EC'l'IVE QRQ~R "ND CUS'l'ODY RELlEr UNDER THE PROTECTION FRQM ABUSE ACT 23 P.S. SIllC'l'ION 6101 ,.. ABUSE 1. The plaintiff is an adult individual whose permanent address is 162 East Chapel Avenue, carlisle, Cumberland County, Pennsylvania, 17013. 2. 'l'he defendant is an adult individual residing at 331 Burgners Road, Carlisle, Cumberland county, Pennsylvania, 17013. 3. The dsfendant is the plaintiff's husband. 4. Since approximately March 1993, the defendant has attempted to cause and has intentionally, knowinqly, or recklessly caused bodily injury to the plaintiff, and by physical menace has placed the plaintiff in fear of imminent serious bodily injury. 'l'his has included but is not limited to the following specific instances of abuse. a. on or about March ~, 1994, the defendant hit the plaintiff in the side of the face with an open hand, leavinq redness and sorene.s. 'l'he plaintiff left the re.idence and contacted the police who took the defendant into custody. b. In or around Maroh 199J, the defendant on several oco..ion. threatened to kill the plaintiff. 5. 'l'he plaintiff believes and therefore aver. that she will be in immediate and present danqer of abu.e from the defendant, and that she is in need of protection from suoh abuae. 6. The plaintiff desires that the defendant be restrained from entering her place of employment, having any contact with her, haraasing or stalking the plaintiff, and from harasaing the plaintiff's relatives. B. 'l'EMPORARY CUSTODY 7. The plaintiff seeks temporary custody of the followinq childrenl HAma fIesent Residsnce AU DIllREK CARL SCHERZER 162 E. ChapQl Avenue 6 yra. Carlisle, PA SEAN WILLIAM SCHERZIllR 162 E. Chapel Avenue 3 yre. carlisle, PA 'l'he children were not born out of wedlock. 'l'he children are presently in the custody of CONNIE MAY SCHERZER who resides at 162 E, Chapel Avenue, carliale, Pennsylvania. Durinq the past five years, the ohildren have resided with the followinq persons and at the followinq addresseal HAma ~drlsaes plaintiff . Defendant 134 Labor camp Rd. Gardners PA Plaintift 'Defendant 210 Main st. York sprinqll PA Dates 8/25/87 - 3/19/90 3/19/90 - 10/91 uama ~sla~ion.~ip DIRI~ SCHERZER son SIAN SCHERZER son RIM GROUP sister 8. The plaintiff has not previously partioipated in any litiqation oonoerninq oUstody of the above mentioned ohildren in this or any other Court. g, The plaintiff has no knQwledqe of any oustody prooeedinqs oonoerning these ohildren pendinq before a oourt in this or any other jurisdiotion. 10. The plaintiff does not know of any person not a party to this aotion who has physioal oustody of the children or olaims to have oustody or visitation riqhts with respeot to the children. 11. The best interests and permanent welfare of the children will be met if oustody is temporarily qranted to the plaintiff pendinq a hearinq in this matter for the followinq reasons I a. '1'he plaintiff is a fit parent who oan best take oare ot her ohildren. b. '1'he dGfendant has shown by his abuse of the petitioner that he is not an appropriate role model for the children. C. STA'1'US '1'0 PROCEED IN FORMA PAUPERIS 12. '1'he plaintiff is employed at John Peters Orohards and the Eaqles and has a monthly salary of approximately $813.00. 13. '1'he defendant ourrently is unemployed. 14. The plaintiff does not have funds available to pay the fees for filin9 and service. WHEREFORE, punuant to the provisions of the "protection froll Abu.e Act" of October 7, 1976, 23 P.S. Section 6101 at aag., a. amended, the plaintiff pray. thi. Honorable Court to qrant the followinq reliefl A. Grant a '1'emporary Order purauant to the "Protection from Abuse Actl" 1. Requiring the defendant to refrain from abu.ing the plaintiff and her minor children or placing her in fear of abuse. a. Requiring the defendant to refrain from having any oontact with the plaintiff, including, but not limited to, re.traininq the defendant from entering the plaintiff's place of employment, from hara.sing or stalking the plaintiff, and from haras.ing the plaintiff's relative.. 3. Granting temporary custody of the minor children to the plaintiff. 4. Ordering the defendant to stay 'away from the residence located at 162 E. Chapel Avenue, carlisle. 5. Ordering the defendant to .tay away trom any residence the plaintiff may in the future establish for herlleU . 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 yearl 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. a. Requiring the d8fendant to refrain trom having any contact with the plaintiff, including, but not limited to, reetraining the defendant from entering the plaintift's place of employment, from harassin9 or stalking the plaintiff, and from hara.aing the plaintiff's relative.. 3. Ordering the defendant to atay away from the re.idence located at 162 E. Chapel Avenue, carlisle. 4. Ordering the defendant to stay away from any re.idence the plaintiff may in the future eatabliah tor her.elf . The plaintiff further asks that thia Petition be filed and .erved without payment of oost., pending a further order at the hearing, and that a oopy of thia Petition and Order be delivered to the carlisle and Pennsylvania state Polioe Departments aa the Polioe Departments with juriadiotion to enforce thi. Order. The plaintiff prays for suoh other relief as may be just and proper. ~OUNT .11 CUS'1'ODY UNDER PENNSYLVANIA CUSTODY LAW 1~. The allegations of Count I ~bove are incorporated herein as if fully set forth. 16. '1'he beat interests and permanent welfare of the ohildren will be aerved by oonfirming cuatody in the plaintiff a. set forth in Paragraph 11 of the Petition. I WHERErORI, pursuant to 23 P.S. Section ~301 at IAQ., and other applicable rule. and law, the plaintiff pray. this Honorable Court to award custody of the minor children to har. The plaintiff prays for auch other relief as may be just and proper. Respectfully aUbmitted, , (2) // 1 C'J I ;jca~ ~~'ny:~L' {( ( 1 Attorney for plaintiff LEGAL SERVICIllS, INC. a Irvine Row carli.le, PA 17013 (717) 243-9400 , , " , , 'I i 1'1, II' I" , I , ' ", 'I I I' " " , , I " Th. .bove-named Plaintiff, Connie Scherzer, verifi.a that the atatementa made in the above Petition are true and correQt. Plaintiff understand. that false stat.mente herein are made aUbJ.ct to the penalti.. of 18 Pa. C.S. 14904,relating to unaworn falsifioation to authoriti.a. Date c 3:.J.2L,:1!:i-_ '~ c.t.1JUY1 111 c., I. Connie Scherz.r, a ntiff , , \ , , " , " ''I I;,l .II , , " , " , 1'1 , " ' , , , I " , " .,jJ i'l " jl 'I , , '" 'I'll " " fillF.HH'I;"S HI;;'ltIHN C(MoPMF.N.i11 I 01" PENNSVLVANIA, COUtfl'V Of' CLMIlF.HLAND In the Court of Common Pleae of Cumberland County, Penneylvania No. 94-1457 civil Term Temporary Prote~tive Order Protection From Ahuell, Notice & Petition for Protective Order Connie May Scherzer VB Carl William Scherzer Jody BeiderOl __, $Imlt~()(lr Daputy Shoriff of Cunberl/Uld County, Pennsylvania, who being duly sworn ac~ording to law, says, that he Berved the within ,~}:'y Protec t iye ord,!lr Protllc tion f.'rom Abuea I Notice & Petition for Protective Order uponC.a.Ll William..f!.duu:Z.e.L.____._, the defendant, at 9.130 o'clock ^ ,M. EST / X:HIt'R. on tho __..25 .__ day of -11flr<l.l1,,______, 19-2..~t The Cllmberland ~n~C'~tbouse~-.-Jll]Qx:.iff's One Courthouse Square, Carlisle Pennsylvania. by handing to ,_____CJILl...l/illiam I De12.lL___J CUmberl:,md COI'JlIty, ScJ1!lr,Zer a true and attested copy of the .I.litlJJ1iSU:ary, Protectiye Order Protection [o'rom Abuse, Notice & Petition for Protective Ordor and at the BIlJOO time directing .....hl1l_.,___ attention to the contents thereof and thl] "Not,Lce to Plead" endoraed thereon. Sheriff's Costs I Docketing Service Affidavit Surcharge 14.00 So an8WOt'S I __~,,('.,J' .~ ..." ':-1fII'''-.AI ~. 1..... 'J'. .,.,.,.., .'~' ./ "'. -. ..... .. , O;'f....". ,.. '.,......_..., .Pw...:..............~ , 2.00 16.QO R. Thcnk1S Kline, Sherlff SWom dfJd 8ub5~rUJfld to before 100 by ~j) <lu d..JL~_ De~ty Sheriff thiE\ .:)'1 r:/; day of l11u, u _ 19_~1:.L_ A.l>, ---'.:.f~ [,1. rh.&..""". Prothonotary AJJJ 1{; , , , CONNI2 MAY SCHERZER, plaintiff I IN THE COURT OF COMMON PLEAS OF I I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL AC'1'ION - LAW I I NO. 94-1457 CIVIL TERM I I PROTIllC'1'ION FROM ABUSIll I AND CUSTODY I I Vs. CARL WILLIAM SCHIllRZER, Defendant PRO'1'EC'1'IVE ORDER AND NOW, this ~ day of April, 1994, upon oonsideration of the Consent Agreement of the parties, the followJ.ng Order is entered I 1. '1'he defendant, CARL WILLIAM SCHERZER, is enjoined from physically abusinq the plaintiff, CONNIE HAY SCHERZER, or from plaoing her in fear. of abuse. 2. The defendant, CARL WILLIAM SCHERZER, is ordered to stay away from the residence located at 162 East Chapel Avenue, Carlisle, and from any other residence the plaintiff may establish for herRelf in the future. The defendant is hereby notified that if he resides in the plaintiff's domioile contrary to this order, he may be in indirect criminal oontempt whioh is punishable by a fine not to exceed $1,000 and/or by a sentence of up to six Iftonthll in jail and any other appropriate punishment. Resumption of co-residenoe on the part of the plaintiff and detendant shall not nullify the provisions of the court order directing the defendant to refrain from abusing the plaintiff. 3. The defendant, ('ARL WIT.LIAM SCHERZER, is ordered to retrain trom having any contaot with the plaintitf, except tor the purposes ot facilitatinq visitation, and from enterinq the plaintitt's place of employment, from harassing or stalkinq the plaintitt, and trom harassing the plaintitf's relative.. 4. '1'his Order shall remain in .ftsct tor a period of on. year. 5. '1'he carlisi. and Pennsylvania State Police Departments will be provided with a copy of this order by attcrneys tor plaintiff 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 pre.ence of the police officer. In the event that an arrest is made under. this section, the defendant shall be taken without unnecessary delay betore the Court that issued the Ord.r. When that Court is unavailable, the detendant shall be taken before the appropriate district justice (23 P.S. S 6113). By the Court _.~, .4 ;1.- Revi~A. H.ss, J. / ./ , I j' I , ~. , , CONNIE MAY SCHIRZIllR, plaintiff IN THE COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-14~7 CIVIL '1'IllRM PRO'1'IllCTION FROM ABUSIll AND CUSTODY VB. CARL WILLIAM SCHERZER, Defendant ~US'1'ODY ORDER AND NOW, this ~. day of April, 1994, upon consideration of the partiee' Consent Agreement, the following Order is entered with regard to cuetody of the partiee' children, DIllRIll~ and SBAN SCHERZER. 1. The plaintiff, hereinafter referred to a. the mother, will have primary phy.ical cuetody of the children. ;1. The defendant, hereinafter referred to u the father, will have partial custody of the children at time. which are mutually agreed upon by the parties. 3. The mother and father will Ihare legal custody of the children. 4. The mother and father will notity each other of all medical care the children reoeive while in that parent's care. Illach parent will notify the other immediately of medioal emergencie. which ariee while the children are in that parent's care. ~. Neither party shall do anything which may estrange the children trom the other parent, or injure the opinion of the CONNIE MAY SCHIllR~ER, plaint.iff I IN THE COURT OF COMMON PJ,lJlAS OF I I CUMBERLAND CQUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I NO. 94-1457 CIVIL TIllRM I I PROTF.C'1'ION FROM ABUSIll I AND CUSTODY I I vs. CARL WILLIAM SCHERZER, Defendant CONSEN'1' AGREEMEN'1' '1'hi. Agreement is entered on this ~~ay ot April, 1994, by the plaintiff, CONNIE HAY SCHERZER, and the defendant, CARL WILLIAM SCHERZER. '1'he plaintiff is represented bY Philip c. Briganti, of Legal Services, Inc., the defendant is unrepresented but. i. aware of his right to have an attorney. '1'he partie. aqree that the fOllowing may be entored as an Order at court. 1. '1'he defendant, CARL WILLIAM SCHERZER, agrees to refrain from abusing the plaintiff, CONNIE MAY SCHERZER, or trom placinq her in fear of abuse. 2. '1'he detendant aqrees not to have any contact with the plaintitf, except for the purpose of facilitating visitation, includinq entering the plaintitf's plaoe of employment. 3. '1'he defendant agrees not to harass the plaintitt or the plaintitt's relatives. 4. '1'he defendant aqrees to stay away from the residence located at 162 East Chapel Avenue, carlisle, Pennsylvania. 5. '1'he detendant aqrees to stay away from any residenoe the plaintitf may establish tor herselt in the future. 6. The defendant, although entering into thi. Agreement, doe. not admit the allegations made in this Petition. 7. The defendant understands that the Protective Order .ntered in this matter shall be in effect tor a peri~d of one year. 8. The defendant understands that this Order will be enforceable in the lame manner as the Court's prior '1'emporary Proteotive Order entered in this case. 9. '1'he defendant and the plaintiff agree to the entry ot an Order providing for the following custody schedule tor their ohildren, DERER and SEAN SCHERZERI a. '1'he mother will have primary physical custody of the children. b. The father will have partial custody of the children at times which are mutually agreed upon by the parties. c. The mother and father will share legal custody of the children. d. '1'he mother and father agree that each will notify the other of all medical care the children receive while in that parent's oarQ. Each parent will notify the other immediately of medical emergencies whioh ariee while the children are in that parent's care. e. The parties realize that their children's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither , I. .~ ,U party will do anything which may estrange the children trom the other parent, or injure the opinion of the children a. to the other parent or which may hamper the tree and natural development of the children's love or respect tor the other parent. WHEREFORE, the parties request that an Order of Court be antered to reflect the above terms. , ~ Qr'Y7/YJi L' CY). (~( . I" '/1 con~. Scherzer / . nUff (JA1'p t. i!v~~ iihilip t. Brlgant Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carli.l., PA 17013 (717) :H3-9400 Defendant - , , , , I"" , , " ,\' , " ,II " ) I ' I I'; " '"