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HomeMy WebLinkAbout96-05865 ERIKA MICHELLE WARD, PlaintilT . IN TIlE COURT OF COMMON PLEAS OF v. . CUMBERLAND COUNTY. PENNSYLVANIA . NO. 96-J~-!:.' CIVIL TERM DANIEL MICHAEL WARD, Delendanl . PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION ORDER AND NOW, Ihis <A'I II, of October, 1996. upon presentalion and consideralion of Ihe within Petilion, and upon finding that the plaintill: Erika Michelle Ward. now residing at 615 Apple Drive, Mechanicsburg, Cumberland County. Pennsylvania, is in immediate and presenl danger of abuse from the defendant, Daniel Michael Ward, the lollowing Temporary Order is entered. The defendant Daniel Michael Ward, (SSN. 208-60-3843)(D08. 8/03/67), now residing at 550 Salmon Road, Mechanicsburg, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing Ihe plaintilT, Erika Michelle Ward, or Irom placing her in lear of abuse. The defendant is ordered to slay away Irom Ihe plaint ill's residence localed at 615 Apple Drive, Mechanicsburg. Cumberland County, Pennsylvania, a residence which is leased by the plainlifT, and is ordered 10 slay away lro:n any residence Ihe plainlilT may in the fulure eSlablish for herself The defendant is ordered to refrain from having any direct or indirect contacl with the plainlitfincluding, but nOllimited 10, Ielephone and written communications. The detendant is enjoined tram harassing and stalking the plaintitl' and from harassing her relatives, or lhe parties' minor child, The defendant is enjoined from enlering the plaintil1's place of employment and lhe day care facility ofl~e parties' minor child. The defendant is enjoined from removing, damaging, deslroying or sellbg any property owned jointly by Ihe parties or owned by the plainliif A violation of this Order may subjecllhe delendantlo: i) arresl under 23 Pa.C,S. *6113; ii) a privale criminal complaint under 23 PaT.S. *6113.1; iii) a charge of indirecl criminal contempl under 23 Pa.C.S. *6114, punishable by imprisonment up 10 six months and a line of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. *6114.1. This Order shall remain in elfect until modified or lenninaled by Ihe Court and can be extended beyond its original expiration dale if the Court linds Ihatlhe delcndanl has commilled an acl of abuse or has engaged in a pall em or praclice Ihal indicales risk of harm 10 Ihe plaintiff Temporary custody of McKenzie Michelle Ward. is hereby awarded to the plaintiff. Erika Michelle Ward. The defendant is ordered to relinquish to the sherirrs department any weapons which he owns, possesses, has used or threatened to use against the plaintiff. The defendant is prohibited from acquiring or possessing any weapons for the duration of this Order. A HEARING SHALL BE lIELD ON THIS MATfERON THE ,~'j/ 4-{ DAY OF (i) (tJ (,,. \) ,1996,AT ,): 1(1 LM., IN COURTROOM No.L, CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plainlilT may proceed withoul pre-paymenl of Ices pending a further order after Ihe hearing. The Cumberland County Sherill's Departm~nl shall allempl 10 make service al the plainlill's request and without pre-payment of lees, bul service lIlay be accomplished under any applicable rule of Civil Procedure This Order shall be docketed in the ollice of the Prolhonotary and forwarded to the Sheriff lor service. The Prothonotary shall not send a copy Oflhis Order 10 Ihc dcfendanl by mail. what time she returned home. The delcndanl came to Ihe plainliO's home a short time laler, drove his truck onlo the sidewalk blocking the plaintitrs friend's vehicle. laid the plainlill' Ihat he needed 10 use her bathroom and, despile her lelling him he could nOl, the detcndanl entered Ihe plaintill's residence and went inlo thc bathroom, When Ihe delcndanl camc out of Ihe bathroom, he picked up the plaintiO's telephone, called someone. and relused to leave when the plainlitT lold hilllto. When Ihe plainlitT lried to gct thc Ielephone away from Ihe defendant, he pushed her hands away, grabbed her arms. and kicked her in Ihc leg. A friend of Ihe plainlitrs arrived, look Ihe parties' daughter 10 a neighbor's home and lelephoned the police for help, The defendant Icll the plaintitfs residence by the time the Mechanicsburg Police arrived, Thc plaintitT sustained a bruise on her ann, red marks about her arms and wrists, and redness and soreness about her leg as a resull of this incident. The police tiled charges against the defendant for deliant Irespass, harassmenl and stalking. The defendant was apprehended by police at his residence later that evening on active warranlS they had against him for the incident which occured on or about September 1, 1996, arraigned before Dislricl Justice Klair, and placed in Cumberland County Prison under $25,000 bail. A preliminary hearing was scheduled on themalleronOctober22.1996.at10:00 a,m., at which timc the detcndant was also charged with deliant trespass, harassment and stalking charges resulting from Ihe Octobcr 15, 1996, incident. The preliminary hearing was rescheduled to Novcmber 25, 1996, al 10:00 a,m. at the requcst of the defendant's public delcnder. b) On or about September 1. 1996, thc plaintilT drove up to her residence after being out of town for the weekend to find the defendanl's truck parked in her driveway, The plaintifT drove on to her mother's home and telephoncd Ihe police for help. By the time the police arrived at the plaintill's home. the defendant had already left. but while the police ollicer was there. the defendant telephoned the plaintiff. told her that he had been in her home, and that he had Iislened to the messages on her answering machine. particularly one from her mother. which indicaled to him Ihat the plaintiff was oul of town. The Mechanicsburg Police Department filed charges againsl Ihe defendanl for deli anI trespass, harassment and stalking. c) On or aboul Augusl 2. 1996.lhe defendanl followed Ihe plainliff 10 a local nighlclub. interrupled her as she danced. announced 10 her dance partner Ihat he was her husband. wailed for her as she lell Ihe dance tloor. grabbed her by the arm, squeezed her ann hard and pulled her by Ihe ann, unlilthe plaintiff screamed causing the bouncers 10 inlervene and ejecl the defendanl from the premises, When the plaintiff returned to her residence al approximately 2:00 a.m., she found the defendant asleep in his underwear on her couch. The plaintiff left her home immedialely, went to a telephone booth and called the police for help, When the police arrived at the plaintilT's home, they woke the defendanl, took him oulside and talked 10 him, Another police officer told the plaintiff that when they searched Ihe defendant's clothes thaI were lying on her bed, Ihey found a loaded ,25 caliber automatic handgun in the back pockel of his pants. The defendant had threatened 10 kill the plaintiff if he found her with anyone else. The ollicers advised the plainlifl' to tell the defendanl, in Iheir presence, Ihat he would be a defiant Irespasser if he returned 10 her residence, and to SlOP harassing her, which she did. At this time the delcndant also gave the police officers a key Ihal he had used to enler the plainlilT's residence which she had never given him. A lc",v days after Ihis incidenl Ihe defendanl lold the plainlill' ti,at he had Ihe loaded gun with him because he wanted 10 see who she brought home with her, The plaintitT feared lor her safely, d) In or about late April. 1996, the defendant, who was angry because the plaintitl' was moving out of the marilal residence, entered Ihe house brandishing a large piece of lumber. smashed household ilems, turnilure, the banister of Ihe staircase, and the console of Ihe telephone as the plaintilT tried to call the police for help, The plainlilT took Ihe parties' daughler and ran from the house to the car, and as she fumbled 10 get the car door unlocked, the defendant grabbed her by her arms and hair, pulled at her and tried 10 pick her up and carry her back inlo the house. During Ihis incident the defendant threatened the plaintilT saying that if he lound her wilh another man he would kill her and the man. The police arrived a short lime later since the plaintilf s telephone call to 911 had already connected before the defendant deslroyed the Ielephone, The police charged the defendant with harassment and simple assaull, arrested him, and confiscated his weapons, e) Since approximately April, 1996, the defendant has abused the plaintilT in ways including, but nOI limited to, calling her humiliating names, grabbing her, kicking her, restraining her, throwing objecls at her, and threatening to kill her and anyone else she may be with. 5. The plaintitT believes and therefore avers thaI she is in immediate and presenl danger of abuse from the delendanl and Ihat she is in need of proteclion Irom such abuse. 6. The plaintitT desires that Ihe defendant be prohibited from having any direct or indirect conlact wilh the plainlilT including, bul not limited 10, lelephone and written communicalions, except lor the limited purpose of facilitaling custody arrangements. 7. The plaintilT desires that the defendanl be enjoined from harassing and stalking :he plaintiff, and Irom harassing her relalives, or Ihe parties' minor child. 8. The plaintilf desires thaI the defendant be restrained Irom entering her place of employment and the day care facility oflhe parties' minor child. 9, The plainlitl' desires that Ihe defendanl be enjoined from removing, damaging, deslroying or selling any property owned juintly by the parties or owned by the plaintitf 10. The plaintitl' desires that any weapons the delendanl owns, possesses, has used or threatened 10 use againsl the plainlilf be confiscated by Ihe Sheriff's Departmenl for the lerm of this Order. B. EXCLUSIVE POSSESSION II, The house from which the plainlilf is asking Ihe Court to order the defendant 10 stay away from is rented in the name of Erika Michelle Ward, and the defendant has never resided there. The delendant has resided with his parents sinced May, 1996, C. LOSSES AND REIMBURSEMENT FOR COST OF CASE 12. The plaintilf has sulfered losses as a result of the abuse by Ihe defendant. The losses are listed on Exhibit A attached, 13. The plainlilf asks that Ihe defendanl be ordered to pay $250,00 to Cumberland County, one of Legal Services, Inc.'s funding sources as reimbursement lor Ihe cost of litigating this case, and that the defendanl be assessed the $25,00 surcharge and any court coSIS if the case goes 10 hearing. D. TEMPORARY CUSTODY 14. The plaintilfseeks lemporary custody uflhe following child: ~ McKenzie Michelle Ward Address 615 Apple Drive Mechanicsburg, P A Aile 3 years old DaB: May 4, 1993 . The child was not born out of wedlock, The child is presenlly in the cuslody of the plaintiff, Erika Michelle Ward, who resides at 61 S Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania. Since her birth the child has resided wilh the Ibllowing persons and al the following addresses: Namr Addrrss Datta Plaintiff and her daughter 61 S Apple Drive May, 1996 Bryanl1a Schae Brooks Mechanicsburg, PA to the prel'enl Plaintiff, defendant, and 941 Latimore Creek Road May, 1995 Bryanna York Springs, PA 10 May, 1996 Plaintiff, defendant, and 401 High Slreel July, 1993 Bryanna Summerdale, PA to May, 1995 Plaintiff, defendanl, and 4173 Grouse Court May 4, 1993 Bryanna Mechanicsburg, PA to July, 1993 The plaintiff, the mother of the child, is Erika Michelle Ward, currently residing at 615 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania, She is married. The plainlilf currently resides with the following persons: Name Bryanna Schae Brooks McKenzie Micblle Ward Rrlationship her daughter her daughter The defendant, the father of Ihe child, is Daniel Michael Ward. currently residing at 550 Salmon Road, Mechanicsburg, Cumberland Counly, Pennsylvania, He is married. The defendanl currently resides with Ihe following persons: Name Mary Kathryn and William Ward Rrlatiomhin his parents ...-........-- .~ 15, The plaintilT has not previously participated in any litigation concerning custody of the above mentioned child in this or any olher Court, 16, The plaintilT has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiclion. 17, The plaintilT does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visilation rights with respect to the child, t 18. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintilT pending a hearing in this mailer for reasons including: a) The plaintilT is a responsible parent who can best take care of the minor child and who has provided for the emotional and physical needs of the child since her births. b) The defendant has shown by his abuse of the plaintilT that he is not an appropriate role model for the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P,S, ~61 0 I et ~., as amended, the plainlilT prays this Honorable Court to grant the following relief: A. Grant a Temporary Order punuant to the "Protection from Abuse Act:tt \, Ordering the defendant 10 reti'ain from abusing Ihe plaintilT or from placing her in fear of abuse; 2. Ordering the defendant 10 refrain Irom having any direcl or indirect contact wilh the plainlill' including, bUI nol limiled 10, Ielephone and wriuen communications; 3. Ordering the defendant 10 relrain Irom harassing and slalking the plaintitl'and from harassing her relatives and the parties' minor child; 4. Prohibiling the defendanl from enlering the plainlill's place of employment or Ihe day care facilily of the minor child; 5. Prohibiting the defendanl from removing, damaging, deslroying or selling property jointly owned by Ihe parties or owned by the plaintiff; 6. Ordering the defendant 10 stay away from Ihe plaint ill's residence located at 615 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania, which the parties have never shared, and from any residence the plaintitl'may in Ihe fulure eSlablish for herself; 7. Granling t'.lmporary cuslody of Ihe parties' minor child, McKenzie Michelle Ward, 10 the plaintiff. and 8. Ordering Ihe defendanlto relinquish to Ihe sherill's department any weapons which he owns, possesses. has used or threatened to use against the plainlitl' be conliscated. and prohibiling Ihe defendanl from acquiring or possessing any weapons for Ihe duralion of Ihe Order. D. Schedule a hearing in accordance with the provisions of the .. Protection from Abuse Act." and. after such hearing. enttl' an order to be in effect for a period of one year: I. Ordering Ihe defendanl 10 refrain trom abusing the plaintiff or from placing her in fear of abuse 2. Ordering the defendanllo refrain trom having any direct or mdirecl contacl with Ihe plaintilf or the parties' minor child including, bul nOI limiled 10, telephone and wrillen communications. except to facilitate custody arrangemenls 3. Ordering Ihe defendanl 10 retrain from harassing and slatking the plainliffand from harassing her relalives and the parties' minor child. 4, Prohibiling the defendanl from entering the plainliff's place of employmenl or Ihe day care facility of the parties' minor child. 5. Prohibiling Ihe detendant from removing, damaging, deslroying or selling property joinlly owned by Ihe parties or owned by Ihe plaintiff. 6. Ordering the detendant 10 stay away from Ihe plaintiff's residence located at 615 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania, which Ihe parties have never shared, and ordering the defendanl 10 slay away from any residence the plaintitf may in the fulure eSlablish for herself 7. Granting cuslody oflhe parties' child, McKenzie Michelle Ward. to the plaintill~ 8. Ordering Ihe delendanllo relinquish to Ihe sherin's departmenl any weapons which he owns. possesses, has used or threatened 10 use againsl ~ ,~A ir. <") r'"' r'., L_ t,p ~:~ C' i...,-: 'J ~:,; J U b" ", ...... , '~ 1~ .;" .-;::: f.._ 'j ~,' ! c U....- ,. -~!~.:! l- I r. ( (,... H. I' , ;. ) L! <.n (_1 to stay away from any residence the plaintiff may in the luture establish for herself, excepl for Ihe limited purpose of Iransfemng cuslody during which times the defendant shall remain in his vehicle. 7, The defendant is ordered to immedialely relinquish 10 Ihe sheriffs department his bow and arrows and any other weapons he owns or possesses that were not confiscated by the Cumberland County Sherilfs Departmenl on October 25, 1996, The Cumberland County Sherilfs Department shall mainlain cuslody of Ihe defendant's weapons for the duration of the Order. The defendant shaH nol acquire or possess any weapons for Ihe term of this Order, 8, The defendanl is ordered to reimburse Ihe plainliffs out-of-pocket losses suffered as a result of the abuse including but not Iimiled 10 Ihe losses listed on the allached sheet marked Exhibit A. The lotal amount of losses shall be reimbursed to the plaintiff wilhin 60 days of the entry of this Order, An award under this chapter shall not constitule a bar to Iiligation for civil damages for injuries sustained from the acts of abuse giving rise to the award or a finding of contempt under this chapler, 9, Court cOSIS and fees are waived. I 0, Thi~ Order shall remain in effecl for a period of one (1) year and can be extended beyond Ihat lime if the Court finds that Ihe defendant has commilled an act of abuse or has engaged in a pallem or praclice that indicates risk of harm to Ihe plainlilf This Order shall be enforceable in Ihe same manner as the Court's prior Temporary Proteclion Order entered in this case, II. This Order may subject Ihe defendant 10: i) arrest under 23 Pa.C.S. lj61 13; ii) a private criminal complaint under 23 Pa.C.S. lj61 13.1; iii) a charge of indirect criminal conlempl 5. The parties shall share Ihe Thanksgiving holiday wilh the father having the child from 4:00 p,m. on Thanksgiving Day unlil Sunday al 7:00 p.m. 6. The parties shall share the Christmas holiday wilh Ihe mother having the child each year from noon on Christmas Eve until 11'00 a.m, on Christmas Day, and the father having the child from II :00 a,m. on Christmas Day each year until II :00 a.m, on December 26. 7. The mother shall have the child on MOlher's Day from 9:00 a.m. unlil 7:00 p.m. and the father shall have Ihe child on Falher's Day from 9:00 a.m, until 7:00 p.m, This arrangement shall supersede the weekend schedule. S, Each parenl shall have the right to one week of vacation with the child (including two weekends) during the summer with 30 days notification to the other parenl of their intended vacation period, The father shall not take the child out of Pennsylvania wilhout the wrillen permission of the mother. Each parent shall provide Ihe other parent with the address and telephone number of their vacation destination where they can be reached in the event of an emergency. 9. This Order shall remain in etfecl pending further Order of Court. 10, The molher and father shall nOlif'y the other immediately of all medical emergencies that occur or medical care Ihatthe child receives while in that parenl's care. \\, Neither party shall do anything which may estrange Ihe child from Ihe other parenl, or injure the opinion of the child as to the other parent or which may hamper Ihe free and natural 6, The defendant agrees to stay away from the plaintiffs residence located at 615 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania, except for the limited purpose of transferring custody at which times he will remain in his vehide. and 10 slay away from any residence the plainlitT may in the fulure establish for herself, excepl for the limited purpose of transferring custody al which times he will remain in his vehicle. 7, The defendant agrees to immedialely relinquish 10 Ihe sheriffs department his bow and arrows and any olher weapons he owns or possesses Ihat were nol confiscaled by the Cumberland County Sheriff's Department on October 25, 1996, The defendant agrees that the Cumberland County Sheriff's Department will maintain custody of his weapons for the duration of the Order and that he will not acquire or possess any weapons for the lerm of this Order, 8. The defendant agrees 10 reimburse Ihe plaintiffs out-of-pocket losses of $251,38 sutTered as a result of the abuse including, bul not limited to, the losses listed on the allached sheet marked Exhibit A, The total amount of losses shall be reimbursed to the plaintitT wilhin 60 days of Ihe enlry of the Protection Order, 9. The defendant, allhough entering into this Agreement, does not admit the allegations made in the Petition. 10, The defendanl underslands thatlhe Protection Order entered in this mailer will be ill etTect for a period of one (1) year and can be extended beyond thaI lime if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. The defendant understands thallhis Order will be enforceable in the same manner as the COl'rt'S prior Temporary Prolection Order entered in this case, ., ......- .- II. Violation of the Protection Order may subject the delimdantto: i) arrest under 23 Pa,C.S. ~6113; ij) a private criminal complaint under 23 Pa.C.S. ~61111; iii) a charge of indirect criminal contempl under 23 Pa.C.S ~6114. punishable by imprisonmenl up to six months and a fine ofS 100.OO-S I ,000,00; and iv} civil contempt under 23 Pa.C.S. ~6114,I, 12. The defendant and the plaintiff agree to the entry of an Order providing for th~' following cuslody schedule for Iheir child, McKenzie Michelle Ward, a) The parties will share legal cuslody of Ihe child. b) The mother will have primary physical cuslody of the child, c) The father will have partial custody of the child each weekend from Friday at 3:30 p,m, until Sunday at 7:00 p,m" and at other times mutually agreed upon by the parties. The father's weekend cuslody will be condilioned on his confirming his intent to exercise weekend visils with the child by Wednesday of each week. The mother will have the righlto custody on at least six weekends each year with atleasl one week's notice to the father, d) The parties will alternate the following holidays from 9:00 a.m. until 7:00 p.m,: New Year's Day, EaSler, Memorial Day, July 41h, and Labor Day, The father will begin Ihe schedule with New Year's Day, 1997, In the event that thele is a conllict bel ween the weekend and holiday schedules, the holiday schedule will supersede the weekend schedu":. e) The parties will share Ihe Thanksgiving holiday with the father having Ihe child from 4:00 p.m. on Thanksgiving Day unlil Sunday at 7:00 p,m, '1 .". ~'....... .~ f) The parties will share the Christmas holiday with the mother having the child each year from noon on Christmas Eve until 11:00 a,m, on Chrislmas Day, and the father having the child from II :00 a.m. on Christmas Day each year until 11:00 a,m, on December 26. g) The mother will have the child on Mother's Day from 9:00 a,m, until 7:00 p,m. and the father will have the child on Father's Day from 9:00 a.m, until 7:00 p.m. This arrangement will supersede the weekend schedule, h) Each parent shall have the right to one week of vacation with the child (including two weekends) during the summer with 30 days notification to the other parent of Ihe intended vacation period, The father will not take the child out of Pennsylvania without the wriUen permission of the mother. Each parent will provide the other parent wilh the address and telephone number of the vacalion destination where they can be reached in Ihe event of an emergency, i) The mother and falher agree that each will notii)' the olher immediately of all medical emergencies that occur or medical care that the child receives while in Ihat parent's care. j) The parties realize that their child's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anylhing which may estrange Ihe child from the other parent. or injure the opinion of the child as to the other parent or which may hamper Ihe free and nalural developmenl of the child's love or respect for the other parent.