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HomeMy WebLinkAbout94-06260 " , , I,' /' , I,';' ,,:'111 ~ ,4J , , " , , I ':,'f;1 , :' ",I ,,t<>;ii;;I;~,~',~~ ','J Ii.!,.") I '/,:li{', " '1,>'1:: I"" 1"1 '1,-' 'lIi'j'-'.'-' :(1,:0':;'1' -':Ff,': ',i - ,- 'Q/ N 'I, " " ' 'i! . : I r/.I ~. , '/'1 'i " , , II ~ ' ! , "',j' /".,Fi'1 , ,.",-,;)./,"., r ,I.,'," .':' ' .. "loj:))~; 'I r~ ,""'~ ,'J")i' I' .,] /,i.ll " ,',:; ""'Id{i. / I"I"'\:'::~ I ",iri' '1,/1 ((;~~ I ,:.',',(I.ll II" ,o, ,'Ii"i"rfl'\',"-,'Ii , .'_,1", l 1" .',i~ ,~~JJ, ,I 'ri.!,_:"" II, I j'" ,,' '1,- ,~i/ ,'11,' </'- I~'II , ~,'."'" ' ," .il; J.." 'i,;! ~!! " '-;I , , , j, ,q ,/' ') h , " I', i';f "I' 1';'1 " " , " " 'I.: ,I, " .' " , " , j', , " ',' " ", , 'I " " ,'1,1 '-'I i ,I, It ~,i 'i:," ';,I;/~ "1 ';il~~ ,:,:,A, II' /,, i ! '" " Ijl 1ft." ,I,':n " , ie'/' ',I] " , ;1 , , contact with the plaintiff including, but not limited to, entering the plaintiff's place of employment or school, and from harassing or stalking the plaintiff. This Order shall remain in effect until a final order il the entered in this caSI. A hearing Ihall ,~ 7 I day of November, 1994, at No. -J"_f Cumberland County Courthouse, Carlisle, Pennsylvania. be held on this matter on p.'d1J 14--. m. in Cou rt room The plaintiff may proceod in forma cauceris pending a further order after the hearing. The Cumberland County Sheriff's office shall attempt to make service at the plaintiff's request, 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 thiB order to the defendants by mail. The East Pennsboro Township and Lemoyne Police Departments will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the Order. When that court is un~vailable, the defendant shall be taken before the appropriate district justice (23 Pa.C.S.A. Section 8113). J. " DRIA RHOADES, A guardian, on behalf of JAMIE HARTZ, a minor plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM VI. PROTECTION FROM ABUSE ROBERT ZELLERS and MARILYN ZELLERS, De'endants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are Narned that if you fail to do so the Court may proceed without you, and a jUdgment may be entered against 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE. PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-8200 DRIA RHOADES, A guard ian, on beha 1 f of JAMI E HARTZ, a minor plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM vs. PROTECTION FROM ABUSE ROBERT ZELLERS and MARILYN ZELLERS, Oefendant s fETITION FOR PROTECTIVE OR~ RELIEF UNDER THE PROTECTIO~ FROM ABUSE ACT ZJLP.S. SECTION 6101 ~.__..t\JllJ..S.E. 1. The plaintiff is a minor whose permanent address is 167 Ashford Drive, Enola, Cumberland County, Pennsylvania, 17025. The guardian who is the plaintiff's cousin, brings this action on behalf of the minor plaintiff. 2. The plaintiff is currently staying at 9 East Glenwood Drive, Camp Hill, Pennsylvania for her own protection and to avoid further abuse. 3. The defendants are adult individuals residing at 187 Ashford Drive, Enola, Cumberland County, Pennsylvania, 17025. 4. The defendants are the plaintiff's mother and step- fat her. 5. Since approximately 1990, the defendants have attempted to cause and have intentionally, knowingly, or reCklessly caused bodily injury to the plaintiff, and by physical menace have placed the plaintiff in fear of imminent serious bodily injury. This has included but is not I imited to the following specific inatancel of abuse: a. On or about October 30, 1994, the defendant, Robert Zellere, drove the plaintiff to work and upon arrival, did not stop the car but ordered the plaintiff to get out. He then pushed the plaintiff out of the moving vehicle, causing her to fear for her safety. After this incident, the plaintiff l~ft her parent's residence to avoid abuse ~nd went to her current location. b. On or about October 29, 1994, the defendant, Robert Zellers, pushed the plaintiff's bedroom door open with enough force to cause the plaintiff to fall into her dresser. The defendant then grabbed the plaintiff by the arms and threw her onto the bed. The plaintiff got up and the defendant pushed her back down onto the bed, causing the plaintiff to fear for her safety because of previous incidents of abuse by the defendants. c. On several occassions since October 30, 1994, the defendants contacted a friend of the plaintiff threatening harm to the friend and her family, and further threat.ning to kill the plaintiff before she comes into their house. d. Approximately eight months ago, the defendant, Marilyn Zellers, slapped the plaintiff in the face several times, grabged the plaintiff's arms and hair and restrained her as the defendant, Robert Zellers, kicked the plaintiff in the stomach, ribs, and legs, causing the plaintiff bruising, pain and fear. e. Approximately one year ago, the defendant, Robert Zellere, punched the plaintiff in the side of the face, threw objects at her, and kicked her. The next day, the defendant slapped the plaintiff in the face repeatedly with more force each time. f. In the past, the defendants have abused the plaintiff in ways including, but not limited to the folloWing: Grabbing the plaintiff by the hair, punching her in the face causing bruising, slapping the plaintiff, kicking the plaintiff, pushing the plaintiff, and throwing objects at the plaintiff. 5. On approximately October 30, 1994, the plaintiff left her residence at 167 Ashford Drive, Enola, Cumberland County, Pennsylvania in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuBe from the defendants ~hould she return to the home, and that she is in need of protection from such abuse. 7. The plaintiff desires that the defendants be restrained from entering her place of employment or school, having any contact with her, and from harassing or stalking the plaintiff. ~ STATUS TO PROCEED IN FORMA PAUPERIS 8. The defendants are employed at Karns Markets and Chapman Heating and the plaintiff is unaware of their salary. 9. The plaintiff currently is employed at Karns Markets and receives $477.00 per month. 10. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. Section 6101 11 ~., as emended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Requiring the defendants to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendants to refrain from having any contact with the plaintiff, including, but not limited to, entering the plaintiff's place of employment or school, and from harassing or stalking the plaintiff. 3. Ordering the defendants to stay away from the plaintiff's residence at 9 E. Glenwood Drive, Camp Hill. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, a,ter such hearing, enter an order to be in effect for a period of one year: I. Requiring the defendants to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendants to refrain from having any contact with the plaintiff, inCluding. but not limited to, entering the plaintiff's place of employment or Ichool, and from harassing or stalking the plaintiff. 3. Ordering the defendant to stay away from the reeidence located at 9 East Glenwood Drive, Camp Hill, which the parties have never shared. 4. Or'dering the defendant to stay away from any residence the plaintiff may in the future establish for herself. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that a copy of this Petition and Order be delivered to the East Pennsboro Township and Lemoyne Police Departments a. the Police Departments with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ~~~ . J ,oan Carey Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named Guardian, DRIA RHOADES. verifies that the statements made in the above Petition are true and correct. The Guardian understands that false statements herein are made SUbject to the penalties of 18 Pa. C.S. section 4904, nlatin. to unsworn falsification to authorities. Date :.J.\ . \ . C1"t Q", 'ro "-~~ts . Dria Rhoades, Guardian The abovp.-named plaintiff, JAMIE HARTZ, verifies that the statements made in the above Petition Are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904, relatin. to unsworn falsification to authorities. Date: ill, rJ2I ~MJ7J./ 1/tJIJ Jami. artz, plaintiff ...." '!:>> ~.~ t~. . ..: l.l."'::'1 ,.;;) .~;.. c;;:.. 'ol;- ~ . ,r..>.... :7~ ~ =:) ~~j C.I t.. ~'),. . '. ,J .,r' . :~~ 'Z ~J I~J - ;.[ '- I, :-.) <~~ u o c.: u. j i g ~ "1- a ,- , IE <10, o. <"!I H :I' DRIA RHOADES, A lIuardian, on behalf of JAMIE HARTZ, a minor plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 6260 CIVIL TERM PROTECTION FROM ABUSE ROBERT ZELLERS and MARILYN ZELLERS, Oefendants ORDER FOR CONTINUANCE cJt0 AND NOW, this I day of November, 1994, upon consideration of the attached Motion for Continuance, the hearinll scheduled for November 9, 1994, at 9:00 a.m. in Courtroom No.3, is continued until ~(,;1/(iu,-,.;t. 1994, at 9. '.1) /t.rr: to afford the parties time to execute a Consent Agreement. The Temporary Protective Order will remain in effect pending further order of Court. A copy of this Order for Continuance will be provided to the East Pennsboro Township and Lemoyne Police Oepartments by the attorneys for the plaintiff. C""l~. r c, -"~: , , Ci J. .. .. , /1,1;,_._ (Xl ;':'..-.:'j.. / ~CoJ~"'1 N "II')..:':' ~ . Z.o:r..("!t !Ie .,: c: ,",~~.l .....,1 ~.s -i. ~ DRIA RHOADES, A guardian, on behalf of JAMIE HARTZ, a minor plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 94 - 6280 CIVIL TERM vs. PROTECTION FROM ABUSE ROBERT ZELLERS and MARILYN ZELLERS, Defendant$ MOTION FOR CONTINUANCE The plaintiff moves this Court for an Order continuing the hearing of this case until further Order of Court, on the grounds that: 1. A Temporary Protective Order was issued by this Court on the 2nd day of November, 1994, scheduling a hearing for the 9th day of November, 1994, at 9:00 a.m. 2. The defendants were served with the Temporary Protective Order and their attorney, Joseph Hitchings, contacted Legal Services, Inc. to negotiate a Consent Agreement, but the parties are unable to execute it before the date of hearing. 3. The plaintiff requests that a continuance be entered and that the Temporary Protective Order remain in effect pending further Order of Court. 4. A copy of the Order for Continuance will be delivered to the East Pennsboro Township and Lemoyne Police Departments by attorneys for the plaintiff. WHEREFORE, the plaintiff moves this Court to grant the ... plaintiff', Motion, and to continue thi' matter until further Order of Court. Joan Carey Attorney for Pl ntiff LEGAL SERVICES, INC. a Irvine Row Carlisle PA 17013 (717) 243-9400 . ~ .. .. ~ - .!. - .. i 1l r: DRIA RHOADES, . IN THE COURT OF COMMON PLEAS OF , A guardian, on behalf of . CUMBERLAND COUNTY, PENNSYLVANIA . JAMIE HARTZ, . . a minor plaintiff I NO. 94 - 6260 CIVIL TERM . . vs. I PROTECTION FROM ABUSE . . ROBERT ZELLERS and . . MARILYN ZELLERS, . . Defendants I AND NOW, thb ~R FOR CONTINUANCE ~ ~ 'day of Oecember, 1994, upon consideration of the attached Motion for Continuance, the hearing echeduled for December 2, 1994, at 9:00 a.m. in Courtroom No.3, ie generally continued to afford the parties time to execute a Consent Agreement. The Temporary Protective Order will remain in eftect pending further order ot Court. A copy ot this Order tor Continuance will be provided to the East Pennsboro Township and Lemoyne Police Departments by the attorneys tor the plaintift. By the Court, offer, J. I r I" ,... II 3.1:'1 I.:; ~ I ! vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 6260 CIVIL TERM PROTECTION FROM ABUSE DRIA RHOADES, A guardian, on behalf of JAMIE HARTZ, a minor plaintiff ROBERT ZELLERS and MARILYN ZELLERS, Defendants MOTION FOR CONTINUANCE The plaintiff moves this Court for an Order continuing the hearing of this case until further Order of Court, on the grounds that.: 1. A Temporary Protective Order was issued by this Court on the 2nd day of November, 1994, schedulinq a hearing for the 9th day of November, 1994, at 9:00 a.m. 2. The defendants were served with the Temporary Protective Order and their attorney, Joseph Hitchinqs, contacted Leqal services, Inc. to neqotiate a Consent Agreement, but the parties are unable to execute it before the date of hearinq. 3. The plaintiff requests that a continuance be entered and that the Temporary Protective Order remain in effect pendinq further Order of Court. 4. A copy of the Order for Continuance will be delivered to the East Pennsboro Township and Lemoyne Police Departments by attorney. for the plaintiff. WHEREFORE, the plaintiff move. this Court to grant the ~ plaintiff'. Motion, and to continue thi. matter until further OrdeX' of Court. ~ / ~.,.y ~ 'Attorney for P aintiff LEGAL SERVICES, INC, 8 Irvine Row carli.l. PA 17013 (717) 243-9400 ,,' DRIA RHOADES. A guardian on behalf of JAMIE HARTZ. a minor Dlalntiff IN THE COURT OF COIIIllN PLEAS OF ClJ48ERLNlD CClUIlTY, PEIINSYL VANIA vs. No. 94-&2&0 PROTECTION FROM ~E CIVIL TERM ROBERT ZELLERS and MARILYN ZELLERS. Defendants PRAECIPE TO WITHDRAW ACTION The claintiff in the above-cactioned case reQuests thet the Petition for Protection from Abuse filed on November 2. 1994. be withdrawn. end the TemDOrary Order be vacated. To Lawrence. E. Welker Prothonotary 19~ ~' "'-..!t.-y\/ (, an Carey, {2 ... (~{ (/y/ AttorneY,}br Plaintiff , I No. _i!:.UR_____,__. 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