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HomeMy WebLinkAbout95-04243 ~ ~ E 1 I'( . 'S {i ~ I I , rt) I ~ ~ ;' Linda K. Bowermaster, IN THE COURT OF COMMON PLEAS OF Plaintiff . . CUMBERLAND COUNTY, PENNSYLVANIA v. : . NO. 95- '1tl~.J CIVIL TERM . James N. Zimmerman, , Defendant PROTECTION FROM ABUSE PROTBCTION ORDBR AND NOW, this ~ day of August, 1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, James N. Zimmerman, SS: unknown and DOB: 12/23/51, is enjoined from physically abusing the plaintiff, Linda K. Bowermaster, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except concerning distribution of the property in which they both have an interest. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. The defendant is prohibited from entering the plaintiff's place of employment. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 6. The defendant is ordered to stay away from the , plaintiff's residence located at 21 Witmer Road, Shippensburg, Cumberland County, Pennsylvania, 17257 which the parties have never shared. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. B. The defendant is ordered to relinquish to the sheriff's department the following weapons which he owns, possesses or has used or threatened to use against the plaintiff: 16 gauge shotgun, and is prohibited from acquiring or possessing any other weapons for the duration of the Order. 9. The court costs and fees are waived. 10. This Order shall remain in effect for a period of one year or until modified or terminated by the Court after notice or hearing and may be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 11. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. 56113; ii) a private criminal complaint under 23 Pa.C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 56114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. 56114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 12. The Pennsylvania state Police and the Middlesex Township Police Departments shall be provided with certified copies of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police 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 unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. S 6113). By the Court, J Linda K. Bowermaster, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM James N. Zimmerman, Defendant PROTECTION FROM ABUSE CONSBNT AGRBEMBNT Md day of August, This Agreement is entered on this 1995, by the plaintiff, Linda K. Bowermaster, and the defendant, James N Zimmerman. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the 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. 1. The defendant, James N. Zimmerman, agrees to refrain from abusing the plaintiff, Linda K, Bowermaster or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except concerning distribution of the property in Which they both have an interest. 3. The defendant agrees not to harass and stalk the plaintiff and harass the plaintiff's relatives. 4. The defendant agrees not to enter the plaintiff's place of employment. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 6. The defendant agrees to stay away from the plaintiff's residence located at 21 Witmer Road, Shippensburg, Cumberland County, Pennsylvania, 17257, which the parties have never shared. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself. 8. The defendant agrees to relinquish to the sheriff's department the following weapons which he used or threatened to use against the plaintiff: 16 gauge shotgun. 9. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 10. The defendant understands that the Protection Order entered in this matter shall be in effect for a period of one year or until modified or terminated by the Court after notice or hearing and, can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 11. The defendant understands that this Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. WHEREFORE, the parties request that a Protection Order be entered to reflect the above terms. ~ 'L,vV'I,/,t--{~ erman, Defendant an Carey '/ Attorney for P~intiff LBGAL SBRVICBS, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 'I t-, 0,...' ~'11 ;,. . ..:::::. V'l ,1 ) ~ . " 1 F ,,., ::.n ::> ,., r:. '_.~ ,", ~ ;"IF >~':;~,'i' i' -,' -~ .~ ,-- ;i~ .'\~:,,:. :':'-V-.,':. """ , file \7171 Z43<<lZ8 .. ., '08' 9 ~~~~J~))':X~ Shore:'--~"'.: '\7'1 71" ~~ ~';;..:~-,' ~AU-G1;;;,~~,~~~.~*# ~;to \;/. --.... . 11 ! ,~,.,";'~"~~jC.:'/>:*~:!{::_:-~'J'!t ~,;{~: Sh;J~.:~~urg (717) ~ (~ :~:;,""::;': --\::..;:5y:(:~.t!~fJlr~ '?If.D ':;.;.;' i:,',," ;-,- ~,;,--~:,j-:;:.71r[~* ... . . , , ".~--" Linda K. Bowermaster, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-~2~3cIVIL TERM v. James N. Zimmerman, Defendant PROTECTION FROM ABUSE TBHP9RARY PROTBCTION ORDBR ~tl. AND NOW, this ~., day of August, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Linda K. Bowermaster, now residing at 21 Witmer Road, Shippensburg, Cumberland County, Pennsylvania, 17257 is in immediate and present danger of abuse from the defendant, James N. ~~er~a8'~, the following Temporary Order is entered. The defendant, James N. Zimmerman, SSN: unknown and DOB: 12/23/45 now residing at 14 Larkin Lane, Mt. Holly Springs, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Linda K. Bowermaster, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 21 Witmer Road, Shippensburg, Cumberland County, Pennsylvania, a residence which is solely owned by the plaintiff, and the defendant is living in a separate residence. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A violation of this Order may subjeot the defendant tOI i) arrsst under 23 Pa.C.S. 56113; ii) a private oriminal oomplaint under 23 Pa.C.S. 56113.1; iii) a oharge of indireot oriminal oontempt under 23 Pa.C.S. 56114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) oivil oontempt under 23 Pa.C.S. 56114.1. Resumption of oo-residenoe on the part of the plaintiff and defendant shall not nullify the provisions of the oourt order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and, can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. The defendant is ordered to relinquish to the sheriff's department the following weapon which he owns, possesses, has used or threatened to use against the plaintiff: 16 gauge shotgun, and the defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order. This Order shall remain in effect until modified or terminated by the court after notice or hearing. A hearing shall be held on this matter on the I';' 11. day of August, 1995, at ~', y S- .~ " ~.m., in Courtroom NO.--L, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing, The Cumberland County Sheriff's Department shall attempt to make service at the 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 the defendant by mail. The Pennsylvania State Police and the Middlesex Township Police Departments will be provided with a certified copies of this Order by the plaintiff's attorney. 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 unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. S 6113). By the court, / . / i' / ' \ , , /j . I /j I ...:/'_. ,'''' ....'" , iJut:lge r J 'II (I"., 'I I I" i,,-' "J J I' (") Linda K. Bowermaster, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVLVANIA v. NO. 95- CIVIL TERM James N. Zimmerman, Defendant PROTECTION FROM ABUSE NOT I C I 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 warned 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. FIlS AND COBTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSVLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 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. PETITION POR PROTECTION ORDER RBLIBP UNDBR THB PROTBCTION PROK ABUSB ACT, 23 Pa.C.S. 5 6101 .t ..q. A. ABUSB 1. The plaintiff, Linda K. Bowermaster, is an adult individual residing at 21 witmer Road, Shippensburg, Cumberland county, Pennsylvania, 17257. 2. The defendant, James N. Zimmerman, SSN: unknown and DOB: 12/23/45, is an adult individual residing at 14 Larkin Lane, Mt. Holly Springs, Cumberland county, Pennsylvania, 17257. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately 1993, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which has placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the fOllowing specific instances of abuse: a. On or about July 11, 1995, the defendant took the plaintiff's car while she was at a friend's house causing her to fear for her safety and go to the Mt. Holly springs Police Department. The police assisted the plaintiff in locating her car, and they found a "billy club" on the front seat causing her to fear for her safety. The defendant admitted it was his club, and the police chief confiscated it. b. On or about July 9, 1995, plaintiff was moving her things out of the residence when the defendant came home and began to argue with the plaintiff. When the plaintiff went to the closet, the defendant grabbed the plaintiff's forearm and swung her around. The defendant then forcefully pushed the plaintiff in the chest causing bruises. The plaintiff broke away and ran into the bedroom. The defendant followed her, shoved the plaintiff down to the floor causing her to fall to her knees and to have abrasions on her knees. The defendant grabbed the plaintiff's clothes and threw the clothes onto the porch. The Mt. Holly Police took pictures of the bruises on the plaintiff's arms, front and legs. c. On several occasions in July 1995, the defendant came to the plaintiff's place of employment harassing her and repeatedly called her. On one occasion, the defendant threatened the plaintiff saying "you know I have a 16 gauge shotgun and I bought shells for it" causing the plaintiff to fear for her safety. d. Around Easter of 1995, when the plaintiff tried to leave the residence to avoid abuse, the defendant followed her, grabbed her arms and refused to let her leave. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. B. The plaintiff desires that the defendant be restrained from entering her place of employment. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. 10. The plaintiff desires that any weapons the defendant owns, possesses, and has used or threatened to use against the plaintiff be confiscated by the Sheriff's Department. B. EXCLUSIVE POSSESSION 11. The home from which the plaintiff is asking the Court to order the defendant to stay away from is owned in the name of Linda Bowermaster and the defendant is living at a separate residence. ~ 12. The defendant has a permanent address at 14 Larkin Lane, Mt. Holly springs, Cumberland county, Pennsylvania, 17065. D. ATTORNEY FEES 13. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. S 6101 ~ sea., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications; 3. ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 4. Prohibiting the defendant from entering the plaintiff's place of employment; 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff; 6. ordering the defendant to stay away from the plaintiff's residence located at 21 witmer Road, Shippensburg, cumberland county, Pennsylvania, 17257; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 8. ordering the defendant to relinquish to the sheriff's department the following weapons which he owns, possesses or has used or threatened to use against the plaintiff: 16 gauge shotgun, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the order. 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 year: 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. prohibiting the defendant from entering the plaintiff's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the , parties or owned solely by the plaintiff. 6. ordering the defendant to stay away from the plaintiff's residence located at 21 Witmer Road, Shippensburg, Cumberland county, Pennsylvania, 17257. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself . B. ordering the defendant to relinquish to the sheriff's department the following weapons which he owns, possesses or has used or threatened to use against the plaintiff: 16 gauge shotgun, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Order. 9. Ordering the defendant to pay reasonable attorney fees to Legal services, Inc. The plaintiff further asks that this Petition be filed and served without pre-payment of fees by the plaintiff, and that a certified copies of this Petition and Order be delivered to the Pennsylvania state Police and the Middlesex Township Police Departments who have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. --- J' /{1t.. .' "',1.../7 . ~tL- Cc/ Joan Carey, Attorn LEGAL SERVICES, I B Irvine Row carlisle, PA 17013 (717) 243-9400 / for Plaintiff -- "f The above-named Plaintiff, Linda K. Bowermaster, verifies that the statements made in the above Petition are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904, relating to unsworn falsification to authorities. Date: fj~/75 ~-d ' /:2, (Ufc/?'u.thr_ inda K. ~owermaster, , plaintiff 0 '" '~I\. .n 'V) ..") lI> ..::J ~ SHERIFF'S RETURN CASE NDI 1995-04243 P COMMDNWEALTH OF P~NNSYLVANIAI COUNTY OF CUMBERLAND BOWERMASTER LINDA K VS. ZIMMERMAN JAMES N MICHAEL BARRICK CUMBERLAND County, Pennsylvania, to law, says, that he served the . Sheriff or Deputy Sheriff of who being duly sworn according within PROTECTION F~OM ABUSE upon ZIMMERMAN JAMES N the defendant, at 1717100 HOURS, on the ~ day of Auaust 19~ at 14 LARKIN LANE MT HDLLY SPRINGS. PA 17065 . CUMBERLAND County, Pennsylvania, by handing to JAMES N. ZIMMERMAN a true and attested copy of the PROTECTION FRDM ABUSE together with TEMPORARY PROTECTION ORDER and at the same time directing ~ attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.36 .00 .00 So answe~~ -JO< ~~ H. Thomas Kl1.ne, 'ci:er1.-(f "~l.;jb 00/00/0000 by ~ ' ep er1 Sworn and subscribed to before me thiS. ,II' ~ day of {;~, J'..r 19 '1\ A. D. I . .,j, . ./,~"~ (~r~ifi~l~ta~~t'" LINDA K. BOWERMASTER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA . . v. I CIVIL ACTION - LAW I JAMES N. ZIMMERMAN, Defendant . NO. 95-4243 CIVIL TERM . AND NOW, this '~~ay of September, 1996, upon consideration of the attached note from Defendant, which will be regarded as a petition for return of shotgun, a rule is issued upon Plaintiff to show cause, if any she has, why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, . ~ . Joan Carey, Esq. Legal Services, Inc. a Irvine Row Carlisle, PA 17013 ~<&J ~(\...s.<tL lIftl./%.. .oA." . James N. Ziuunerman 14 Larken Lane Mt. Holly Springs, PA 17065 Defendant, Pro Se Cumberland County Sheriff's Office ' .AmlJd..:"." '-- '1//(.!?e, ,Ie.. :rc '''' ". I,>jl Uj I {, ~ J "~'" .- ',., #, - ',' ~-_"""';~. ;..1 c;2~ O.E.u o~d~ ~;?~~ ~#' ~~___ ~ J;.l.kd ~ ~ ~ .4~ /~4 ~ -;fY~' J)~~~~.ro~ ~ SEP 0 9 199b - . ~-- . -.- _ 1-.... Linda K. Rowermnstnr, Plnlnt.iff IN TilE COURT OF COMMON PLEAS OF CIVIl, ACTION - I,AW vs. NO. 95-4243 CIVIL TERM Jnmes N. Zimmerman, Defendant PROTECTION FROM ARUSE RESPONSE TO RUf,E TO SIIOW CAUSE Jonn Carey of I.egnl Services, Inc. states tile following in response to this Court's Rule to Show Cause: I. On September 13, 1996, tllis Court issued a rule upon the plaintiff to show cause, if any she has, why the defendant's shot gun should not be returned to him. 2. Legal Services, Inc. made the following attempts to notify the plaintiff of tile defendant's request and of the Court's rule: a, On September 19, 1996, Legal Services, Inc. attempted to contact the plaintiff by phone using the number we had listed for the plaintiff, but did not reach her. b. On September 20, 1996, Legal Services, Inc. sent to the plaintiff at her last known address a copy of the Rule to Show Cause and n letter asking her to contact us. 3, Legal Services, Inc. has lIad no contact with the plainLlff ..ince Augu..t. 10, 1995, and h".. no w"y t.o not.lfy her of the defend"nt's request for t.he return of hIs gun or of the COIII't's Rule. Respectfully submitted, ,OH--1v (q~/I/ (,{Joan Carey .f ,,' Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 '- ,.. . j . ~ ~:.:~ L I' , , I , c~ , . I l. ~ ~