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Home My WebLink About97-06384 ~ ~ ~ ~ ~ , , l' >I !I I' , ~ ~ I ' 1,1 I ' ;"1 " I;' , I ~ ~ ~ ~ ~ p Ii , I , , (' I, , J . I I' " " , 'I , " I , , , II , Iii.> -, '01 " Ii " 'I " ;J . I 'I I' i! I' , , , , ,'Ii , , " I. I , 11 , , Ii "~I , , q " F' 'I I " " , ' " " , , , i' I , , , " , , , " ;j I , , " , , " Ii , , W , " " , , , , I " ,', " , , , I .i .; . ii, t ~ ~ ~ ~ iil " ~ PAMELA S. PARDEN, J.>laintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW I I I I I I I NO. 97-6384 CIVIL TERM v. JAMES V. DARDJ:lN, Defendan't:: AND NOW, this ORDER OF COURT I it~ay of December, 1997, upon consideration of the Praecipe to discontinue the above matter filed on December 11, 1997, the hearing previously scheduled for December 8, 1997, is CANCELLED. THE TEMPORARY protective order of November 26, 1997, is VACATED. I BY THE COURT, Wayne F. Shade, Esq. 53 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff I :J./I :1./'1'70 ...&' '6'~ . ^","(~",(,,( - c.~"- I ' James V. Darde'n 2284 pine Road Newville, PA 17241 Defendant, Pro Se ".,' '.,' '...., , , ~ 'I . . -1 " ' " :rc ..-.. r , , " Iii .:, . I . ': ~ I v. IN 'rtlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-6384 CIVIL TERM PROTECTION FROM ABUSE PAMELA s. DARDEN, Petitioner JAMES V. DARDEN, Respondent PRAECIPE TO: Lawrence E. Welker, Prothonotary Please disoontinue the above matter. Date: Deoember 11, 1997 ,/tI~u ~ Wayn F, Shade, Esquire Attorney for Petitioner !, " '" I,' WAYNll F, SHADll AllomeyIt I.lw .U Welt I'omtrd Sired Carli.le, PrM.yIYlnl. 110n " " " C" , l{"'\ ;...../ ..-., 'il ) " -',~ ," I" ' .j'l , . 'j',1 Ii') i i r'.) " , " . j (Ii ;,,! " ~, ."., " I." tll , , J ...:::J ~ ".H ..t1, ',. ~ I", ,.. I: " " " " ~ 11 I ~ ~ ..I tl' 1'" , ;': " ; I -......J " ., ,... };I J'b ~/ I ,}} l"- f " ,,' J ~ .1':'. I, , ! : 1111 I '" , Iii,. .' , ..,1 " r.. " ) ~ L.' (l"_ U .~ - ('\ cf 0 I, 3~ ~ tl P4Ul '" ,z~ ~ ,~ - i g O~ ~ ~ 3 ~ ~ ~P4 ~ "" "" i::l 8~':S1=le;j .;~ " j.l "'" " ~ ~ I g .m 8 ~f?1 ~):: ~I'l ei'tl ~' I Po ~ 0;:,) I 0 ~'j o ue; ~6 ~ E-tU z 0 < < C J ~ 0-:1' .:l'M t:lfE' ~ ~ H~Z j.l ~ '" o E-tMO 'ell , ,~ Z on U U\OH UlP4 1> 0 <'E-t ~ t:> H ~ r--u Eo. ~ ;::l0'l~ Ul ~ ~ t:> '0 ~ Z HO~ HU UZP-I " , '. " " " i L ", " . ., I; , , l.; . , ~ .. , . . . . \\Illl1 :' I; I~]~lii.l, . PAMELA S. DARDEN, Petitioner IN THE CpURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNS~LVANIA CIVIL ACTION ~ LAW NO. 97~G384 CIVIL TERM PROTECTION FROM ABUSE v. JAMES V; PARDEN, Respondont. AND NOW, oonslderation TEMPORARY PROTECTIVE ORDER this lID ti, day of -fJ ovr...Locf , 1997, upon of the within Motion and upon findJ,ng that Petitionor and tho ohildren of Petitioner are in immediate and preaent dangor of abuse from Respondent, the following Temporary Proteotive Ordor is entered. Respondent is hereby enjoined from physically abusing petitioner or the ohildren or placing them in fear of imminent serious bodily injury and is excluded from the place of employment of Petitioner at CASHA Home care, 1300 Market street, Lemoyne, Pennsylvania, or any other locations at which Petitioner is assigned by her employer. Rospondent is enjoined from harassing and stalking Petitioner and from harassing Petitioner's relatives~ Respondent is enjoin'ed from removing, damaging, destroying or selling any property owned jointly by the parties Qr owned solely by Petitioner. This Order shall remain in effect until a final Order is entered in this oase. A hearing shall be held in this matter on Monday, the 8th day of December, 1997, at 8:30 o'clook A.M. in Courtroom No.5, Cumberland County Courthouse, CarliSle, WAYNI\ F. SIIAllIi ^lhJllll'Y III.IW penneyl vania. '\\Wnll'lIfllfrtlSlrtrl ('ulll~ll', l'rnluylnnl. 110It The west sh~re Regional police Department and the Carlisle Barracks of the pennsylvania state Police will eaoh pe provided with a oopy of this order by ocunsel for Petitioner and may enforoe this Order by arrest for indireot oriminal contempt without warrant upon probable cause. that this order has been violated, whether or hot the violation is committed in the presence of a police off.ioer. In the event that an arrest is made under this seotion, Respondent shall not be taken to jail, but shall be taken without unnecessary delay before the Court which has issued this Order, When the Court is unavailable, Respondent shall be arraigned before a District Justice who shall set bail according to the provisions of Chapter 4000 of the , Pennsylvania Rules of criminal Procedure. By the Court, 'I W^YNI! F, SIMDP. Alwmey.'....w .u Wut pOCllrttl SIIt~1 ('ull.Lt, l'tM.ylvanl. I7UIl , , ,-i " , , "" , I !\!'" f ,,);/, "\""':1./ " ",~ ";'1,'//,.,., . -, ,! "~I t. I:i: i! } J.jJj 1.6 ,HIlle (,1'1:/ "0, ., , " v. IN THE COURT OF COMMON PLEAS OF qUMBERLAND COUN'l'Y, PENNSYLVANIA CIVIL ACTION M LAW NO. 97-63B4 CIVIL TERM PAMELA S. DARDEN, peti t ioner JAMES V. DARDEN, Respondent PROTEC'l'ION FROM ABUSE PETITIONER'S MOTION FOR CONTINUANCE AND NOW, comes Petitioner PAMELA S. DARDEN, by her attorney, Wayne F. Shade, Esquire, and respectfully represents, as follows: 1. Petitioner PAMELA S. DARDEN, is an adult individual who resides temporarily at an undisclosed location for her own protection and to avoid further abuse and who is employed by CASHA Home Care at 1300 Market street, Lemoyne, Pennsylvania 17043. 2. Respondent JAMES V. DARDEN, is an adult individual who resides at 22B4 pine Road, Newville (Penn Township), Cumberland County, Pennsylvania 17241, 3 . On November 1B, 1997, a Temporary Protective Order was entered pursuant to a Petition for Protective Order, with a hearing to be held on November 25, 1997. 4 . Petitioner was unable to obtain service upon Respondent prior to the scheduled hearing, WAVN!! F, SHAll!! Allomry II lAw H Wut I'om(rcl Slnrl Clflldr. I\'nmylv&nl.l 1701.1 6. ~espondent's employment sohedule is suoh that he is away from cumberland county for two weeks and then home for two weeks. 6. Respondent departed for work on November 19, 1997, and will return on or. about December 3, 1997. 7. Petitioner believes that she will be able to obtain service upon Respondent promptly upon his return. WHEREFORE, Petitioner respeotfully requests that your Honorable Court continue the hearing originally soheduled for November 26, 1997. Respectfully submitted, w~~f.e?s~~ufre ~upreme Court No. 15712 53 West Pomfret street carlisle, Pennsylvania 17013 Telephone: 717~243-0220 Attorney for Petitioner , I WAVNB F, SIIAIlI! Al1umtyall.lw ~.l Wul I'omtrd Slne'1 ('ltlblt, Ptnnl)'lvlnla \1UI.I I, Wayne F. Shade, Esquire, verifY that I am the attorney for Petitioner herein, that I make this verifioation on her behalf, being authorized to do so, based upon information obtained frol)l her, and that the faots set forth in the foregoing Motion are true and oorreot to the best of my knowledge, information and belief. I understand that false statements herein are made subjeot to the penalties of 18 Pa.C;S. 54904 relating to unsworn falsifioation to authorities. Datel November 26, 1997 1OPf!- ~~ Wayn F. S ade , , ;.' , " , I , , , ' WAYNI! F, SHAUl! Auomey a. Law H Wul POlU(rct Str<<1 CarUII~, PMnI)'lvlllla \1013 "- ... ~ ~""':I ~~~ ~1t- '" I" " tf'~' ~ ~ i' ; . I" ~ I, I. I Ii .(t .)f) ~ , , \)" ~ . . ~,f a It) ~ , .- I' ,-., ~ i't-H- , 1.1, II ~~ lJ Ii 1 , (.j II) " " , .tf () 4) '::t- fl' , -..:, [j~ 3~ ~g 5~ ~J~ ~~ H~ 8~'~~~ ~ H):: o 1 UO H8zt-e: f5~S~z o H,u 0 U U" H " <>: I H e:l ....U ~~l=l"'~ ~:> '0 :d3HOl't. , .", ffiGl ~B ,pol ~ ,pol ~ 'Gl Ul~ ~. . , ~ o , ' , ",. ~ S j ~ ~' ~ I >. i, ~ ~ J ~ < ~ i' u " ~ ~ ~ ~ ~ o ~ z o ~ H !=l ~ , ~ .w ~'tl ~ ~, , Gl ? ,~ :> , " ~ I I " " , " , , , , " ,I t' " " , " , , , " 111 . 1 ~ . . , . '. · ( m~) , -' v. I I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PAMELA s. DARDEN, Petitioner JAMES V. DARDEN, Respondent NO. 97- t-J,~fil~ CIVIL TEkM PROTECTION FROM ABUSE PROTECTIVE ORDER AND NOW, this hearing and upon finding day of , 1997, after that Petitioner and the ohildren of Petitioner are in immediate and preaent danger of abuse from Respondent, the following Protective Order is entered: 1. Respondent is hereby enjoined from physioally abusing Petitioner or the children or placing them in fear of imminent serious bodily injury and is excluded from the residenoe of Petitioner at 2284 Pine Road, Newville (Penn Township) , Cumberland county, Pennsylvania, and from the plaoe of employment of Petitioner at CASHA Home Care, 1300 Market street, Lemoyne, Pennsylvania, or any other locations at which Petitioner .is assigned by her employer, 2. Respondent is ordered to refrain from having any direct or indirect contact with Petitioner including, but hot limited to, telephone and written communications, except for contacts which pertain to custody of the parties' minor children. 3. Respondent is enjoined from harassing and stalking Petitioner and from harassing Petitioner's relatives. 4. Respondent is enjoined from removing, damag~ng, destroying or selling any property owned jointly by the parties WAYNll F, SIIAIlI! Allom,yoll.w or owned solely by Petitioner. .B W~ftt )I"lll(r~1 Slrrd t'arliftlc, r('nm)'lvlnil 170D " , WAVNB F, SIlAllH Allomty It l.aw $.1 Weat "um(rd SIRet ('Millie, PtMlylnnlt 1701] 5. ReSpondent may within ten (10) days of the entry of this order, peaoefully retrieve any personal possossions from the I marital residenoe with the aid of 10001 loW enforoement officials. Any required payment of. local loW enforoQment offioials for suoh assistance shall be the responsibility of Respondent. I 6. The partios shall share legal custody of their minor children. Primary physioal' custody of said childrel) is awarded to Petitioner subject to any rights of partial custody in Respondent as speoified in any separate Interim order of custody entered herein. 7. The West Shore Regional ~olice Department and the Carlisle Barracks of the Pennsylvania State Police will each be provided with a copy of this Order by counsel for Petitioner and maY,enforoe 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 oommitted in the presenoe of a polioe officer, In the event that an arrest is made under this section, Respondent ehall not be taken to jail, but shall be taken without unnecessary delay before th~ Court which has issued this Order, When the Court is unavailable, Respondent shall be arraigned before a District Justice who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure. -2- a. This order shall remain in full ,foroe and effeot for a period of from the date of its entry. By the CoUt't / 'j , ' I, " , >I " WAVNI\ F, SHAun ^lIomr}l11 Law ,.lWul PIJlllrrtt Sind ('.rU8It, l'rnnlylv,^la 17013 -3- J. I! WAYNE F, S"AIlB AtlnmcYltl..lw B Wull'Ulllrrct ~Hrtcl Clrlillr,I'tnnlylvlnll 11111.1 PAMELA /3. DARDEN, I IN 'rilE COUll'l' OF COMMON PLEA/3 OF Petitioner I cUMaERLANO COUNTY, PENNSYTNANIA I CIVIL ACTION - LAW v. I t NO. 97- ~'::'J8'i CIVIL TERM JAME/3 V. DARDEN, I I Respondent I PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW, this It tJ., day of November, 1997, upon , consideration of the within Petition and upon finding that Petitioner and the children of Petitioner are in immediate and present danger of abuse from Respondent, the following Temporary Protective order is entered, Respondent is hereby enjoined from physioally abusing Petitioner or the children or placing them in fear of imminent serious bodily injury and is excluded fri~ ~.~ tC3i~eR99 of p..B+-~t.ig);1gr :l~ 1294 Pin~ ~n~nr ~JQ..:yilllO:: ~l-Ienn 'l'OWnSnlp" Cumsall..1II1 I.;oum:y, 1'",. II ,e.y 1 vallla, ol,d from the place of employment of Petitioner at CASHA Horne Care, 1300 Market street, Lemoyne, Pennsylvania, or any other locations at which Petitioner is assigned by her ell)ployer, T~PO~6lY e~GteQY sf ResQrt 1. garQQA, BarR Eeptamgor lS, 19113. "",rI ]9ilili<," S n~r~QI'l, hen. Juno! 19, 1985, is hQre~y aW~lal'eled tv pt:lti ti Qtle.t:. R'U:lPS"EhU=lt io erdcrlS4 tv xefl::ail. item Ravin') ~ny nirect or - indiro!cl:. ,",vllLaut wiLl. PetILlvlI"" llldudlll<,j, LuL BuL l!lIlILe61 t,Q, tGJ,e!lholo", alld wtttt',en cQmmunlcationS", Respondent is enjoined from harassing and stalking Petitioner and from harassing Petitioner'S relatives. WAYNll F, SHAll\! AlIOnlfy,'IAw $,) Wul PlIlllrrtl SII\'C'I (',rlltle,l'tMI)'lvanl. 17013 Respondont is enjoined from removing, damaging, destroying or selling any property ownpd jointly by the parties or owned solely by Petitioner. This Order shall remain in effect until a final Order is entered in this case. A hearing shall be held in this matter on 141'''''4 ' the ,;/,Silv day of yJlt'hd~JU.A.../, 1997, at /I',dO o'clock A.M. in Courtroom No. .5 , Cumberland 1 ' county Courthouse, Carlisle, Pennsylvania, The West Shore Regional Police Department and the carlisle Barracks of the Pennsylvania State Police will each be provided with a copy of this Order by counsel for Petitioner 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 ih the presence of a police officer, In the event that an arrest is made under this section, Respondent shall not be taken to jail, 'but shall be taken without unnecessary delay before the Court which has issued,this Order. When the Court is unavailable, Respo~dent shall be arraigned before a District Justice who'shall set bail aocording to the provisions of Chapter 4000 of the Pennsylvania Rules of cr.iminal Procedure. By the court, -l ttI~g oi!l J. ,..2- .. ,I "( 1 " " " Iii 'I , ;\/1" \.' (;! ~\;lf\ )11:1""" ,'"' '1:'"11(\''' \-,.\ " ' ' ' ,101" '.' ~;; :l\',' ,\ \1 \ II utI Lb ,1,u'o/1(,;; ~\"i \. " ,1,1- ':\')',U,) 'I.! 'Ill 'I', ~) ~. ~-o-.t::-:-.;~~ '.'. " v. IN TilE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTT.ON H LAW NO. 97 H /... ...,,~ 'I CIVIL TERM PROTECTION FROM ABUSE PAMELA S. DARDEN, Petitioner JAMES V. DARDEN, Respondent NOTICE Vou have been sued in court. If you wish ,to defend against the claims set forth in the following pages, you must take prompt action after servide of this Petition, Order of Court and Notice are served upon you by appearing personally or by legal counsel at the hearing scheduled by the Court and by pr.esenting to the Court your defenses or objections to the claims set forth against you. You are warn~d that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for, any money claimed in the pleadings or for any other claim of 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 Fourth Floor Cumberland county Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIE~ ACT OF 1990 The Court of Common Pleas of Cumberland county is required by law to comply with the Americans with Disabilities Acto~ 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the Court Administrator's office as noted above. All arrangements must be made at least 72 hours prior to any hearing or,business before the Court. " wa~~A~h~~re Supreme Court No. 15712 53 West Pomfret street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 WAYNI1 F, SIIAIlI! ^lItlm~y III,IW HWull',,,nrJ'(ISlrtt'l ('llllllle, 1)('nn.~I....n'. 17(Jl.l Attorney for Petitioner PAMELA s. DARDEN, Petitioner IN THE COURT OF COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 97- t"H"/. CIVIL TJ::RM JAMES V. DARDEN, Respondent PROTJ::CTION FROM ABUSE PETITION FOR PROTECTIVE ORDER PROTECTION 1. Petitioner PAMELA S. DARDJ::N, is an adult individual who resides temporaril~ at an undisclosed location for her own proteotion and to avoid further abuse and who is employed by CASHA Home Care at 1300 Market street, Lemoyne, Pennsylvania 17043. 2. Respondent JAMES V. DARDEN, is an adult individual who resides at 2284 Pine Road, Newville (Penn ToWnship), Cumberland ", County, Pennsylvania 17241. 3 . Petitioner and Respondent have been married since February 5, 1981. 4. During the courSe of the marriage and particularly over the past year, Respondent has attempted to cause or has intentionally or recklessly caused bodily injury to Petitioner or has placed petitioner, by physical menace., in fear of imminent serious WArN!! p, SH^,lI! bOdily injury as a result of the fOllowing conduct:. AUomry at lAW .u Weal p\)lllr,tl SInd ('lIl1.Il!, PtMlylvanl. 110IJ (a) ^s B result of severe aloohol abuse, Respondent has violently assaulted Petitioner and the ohildrenl (b) In Deoember of 1996, Petitioner went into a rage in which he threw food around the house and knocked Petitioner down the stepsl and (0) On November 16, 1997, Responde~t ~as severely intoxioated. He went into a rage. Ho struok his son in the face. His san got a baseball bat to defend himself and ran away. Respondent threw Petitioner and the children out of the house, When Petitioner attempted to intervene between Respondent and their son, Respondent struck her in the face so hard that he knocked her down in the driveway of the marital residence and broke her glasses. 5, Petitioner believes and therefore avers that she and the ohildren will be in immediate and present danger of abuse from Respondent should he be permitted to be at the re~idence or place of employment of Petitioner and that Petitioner and the children are in need of immediate ex parte protection from such abuse. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act", 23 Pa.e.s. 56101, et seq., as amended, PetitiQner prays that your Honorable eourt grant the following relief: WAVN!! F, SHAll!! Alt.YmtyII I.aw .5) Wul Pomfrct 8trt('1 ('lfllllc. Prnnl)llvIUlII 1101) -2- (n) T\ 'l'emporary Proteotive Order roqu.il:'ing Respondent to refrain from apusing Petitioner or plaoing Petitioner in fear of abuse and requiring Respondent to refrain from abusing Petitioner and the children or placing them in fear of abuse and ordering Respondent to stay away from the place of employment of Petitioner; (b) 'l'he scheduling of a hearing in accor!lance with the provisions of the "protection from Abuse Act" and, after such hearing, the entry of an order, to be in effect for a period of one year, requiring Respondent to refrain from abusing Petitioner and the children or placing them in f.ear of al;luse; (c) Directing such further relief as authorized under 56108 of the Act including directing Respondent to pay Petitioner for reasonable losses suffered as a result of the abuse, inClUding, medical, dental, relocation and moving expenses, counseling, loss of earnings qr support and other out-Of-pocket losses for injuries sustained and reasonable attorney fees; and (d) Such other'relief as may be just and proper. WAVNI! F, SHAUB AUomey at Law ~J Wut Pomrrct Strtd Clflille.I"'tMftylvan'- 17011 -3- CUSTODY G. Petitioner seeks primary oustody of the following childrenl Robert J. Darden, born September 18, 1983, and Jessica S. Darden, born June 19, 1985. 7. The children were not born out of wedlook. 8. During the past five years, the children have resided with Petitioner and Respondent at the marital dwelling at 2284 Pine Road, Newville (Penn Township), Cumberland county, Pennsylvania 17241. 9, The relationship of Petitioner to the children is that of mother, and she currently resides with Respondent and the children at the marital dwelling. 10, The relationship of Respondent to the children is that of father, and the parties remain married. 11. Petitioner has not participated as a party or,witness, or in any other capacity, in other litigation concerning the custody of the children in this or any other Court, 12. Petitioner has no information of a custody proceeding WAYNR F, SIIAIlH ooncerning the childrera pending in a Court of this Commonwealth. Attorney all..aw .'1 Wul Pomflt' Btttd C.rlblc, PtMl)llvan!. l1all -4- 13. Petitioner does net know of a person not a party to toese , prooeedings woo has physioal oustody of toe ooildren or olaims to oave oustody or visitation rigots with respeot to toe ohildren. 14. Toe best interests and general welfare of toe ooildren will be served by granting the relief requested for the following reasonst (a) Petitioner is a fit parent woo oas been toe primary caretaker of the coildren, and (b) Respondent has shown, by the abuse alleged herein, an inability to be a fit and proper parent. WHEREFORE, pursuant to the provisions of the UProtection from Abuse ActU, 23 Pa.C.S. 56101, et seq., as amended, petitioner prays that your Honorable Court grant to Petitioner primary physical custody with respect to the children. EXCLUSIVE POSSESSION 15, The residence of Petitioner is owned by Petitioner and Respondent as tenants by the entirety. 16. Respondent has a duty of support to Petitioner and the children. WHEREFORE, pursuant to the provisions of the UProtection W^YNI!F,SII^IlP. from Abuse Act", 23 Pa.C,S. 56101, et seq., as ame'nded, Auomty ., taw U Wul Pom'rd Stn'('1 C,rll.It, PrNuylvanl. nUll -5- Tho statomonts in this Petition for pror.eotive Ordor are based upon information whioh has boen assembled by my attorney in this litigation. The language of the statements is not my own, I have read the statements! and to the extent that they are based upon informatiori whioh I have given to my oounsel, t~ey are true and oorreot to the best of my knowlodgo, information a"r.l boUef, I understand that falso statements herein are made subjeot to the penalties of 18 Pa, C.S. 54904 relating to unsworn falsifioation to authorities. Datel November 17, 1997 , J ) \ . 'rJJ 1/1' (I ,j , l~ h ',ii If Pame a S. Darden ,I' I' WAVN\! F. SHAJ)\! Altomr)' a'Law H Wut Pomrrd SI1('rl ('.rll.I~, Prnna)'lvanla 11011 .rt~ , 'i . ~ . , i' '," 1-' ..... , , .~ 'r, ~ 1\" N ' \'.; l)o-,~ r: ~'-, ~i r- " '~ to .. -"'::'1 tUr~ - 1,,)1".' '" .. , ~. f;,~ ( ,- ~i',: !, ) ~-' ~ f1: " ~l... I-r:! Q., t '21, ,~I; 'l'I'/: ~"2. ~ ~1 Gl' .- !,fi -'fl' " l~ ...... l ~ l i'!' 1 '~1 [1.'.Ii' . . ttl' V'~ f.'. h ", " .~ ' , ~ I). en B " r,J u' I>> ~1 I€) 4- J'f' ~ J f ~F fJ 0 3~ ,~ 0 ~f'S ~ .., ... Sf;l ~~ ! ~ j ~ ~~' ~[g ... 8~3H~ . ~ lJ ~ CI.l p J ~ ,~6 eJl'l .~ ~, ra: o UP:: ~'d ffig ~ ~ E-iUZ ~ .~ ~ P:: ~ o-.:r ~'M '0 <( ~ J '~HOOZ lJ ,~ ~ ~ o tj<"lO 'Qj . r;:: U "='H Ul~ I> 13 <of-< ~ ~ ....u i t:: ~::l"'~ tIl ~~ '~ ~ ~ Z HO H UZ~ ~ ~ " , ',I " " , ' : ' " " , ,,' " .' 1 ,> . 'vJ . ' , , " . . ' . . l JAN 1 3 ~998 bfJ WAVNli F, SIIAIlII ^lblflley It l.aw 51 Wut I'olll(rct Stmt ('l1lble,I'rIU'i8ylvanlll 17011 PAMEl.A S. Dl\l~DEN, I IN THE COURT OF COMMON Pl.EAS OF Petitioner I CUMBERl.AND COUNTY, pJ::NNsnVANIA I CIVIl. ACTION - LAW V. I r NO. 97-63B4 CIVIl. TJ::RM JAMES V. DARDEN, I Respondent ' I P1W'l'EC'l'ION f'ROM ABUSJ:: AND NOW, TEMPORARY PROTECTIVE ORDER this -\ ~1~ day of January, 199B, upon of the within Petition and upon finding that consideration Petitioner and the children of Petitioner are in immediate and present danger of abuse from Respondent, the following Temporary Protective Order is entered. Respondent is hereby enjoined from physically abusing Petitioner or the children or placing them in fear of imm~nent serious bodily injury' and is excluded from the residence of Petitioner at 22B4 Pine Road, Newville (Penn Township), Cumberland County, Pennsylvania, and from the places of employment of Petitioner at CASHA Home Care, 1300 Market street, , , Lemoyne, Pennsylvania, and Shippensburg Health Care Center, 121 Walnut Bottom Road, Shippensburg, Pennsylvania, or any other locations at which Petitioner is assigned 'by her employer. Temporary custody of Robert J, Darden, born September 18, 1983, and Jessica.S, Darden, born June 19, 1985, is hereby awarded to Petitioner. Respondent is ordered to refrain from having any direct or indirect contact with Petitioner inclUding, but no.t l1mit.ed to, telephone and written communications, Roepondent ie enjoined trom 'hornesing nnd stalking Petitioner and from harnssing Petitloner'e relatives. Reepondent is enjoined trom removing, damaging, destroying or selling any property owned jointly Py the parties or owned solely by Thie Petitioner. Order shall remain in effect until a final Order is entered in ~;/td,{'<j l{:. ..~{' this case. A hearing shall be held in this matter on , the~1 'Jld day ot.<J~'l'., ill{ ,(/1. t7j' _, ' 1998, at ., () o'clock Lt.M, in courtro~m No. J' Cumberland county courthouse, Carlisle, Pennsylvania, The West shore Regional Police Department, the Mid- Cumnerland Valley Regional Police Department and the Carlisle Barracks of the Pennsylvania state Police will each be provided with a copy of this Order by counsel for Petitioner 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 a police officer, In the event that an arrest is made under this section, Respondent shall not be taken to jail, but shall be taken without unnecessary' delay befol'e the Court which has issued this Order, When the Court is unavailable, Respondent shall be arraigned before a District Justice who shall set bail according to the provisions of Chapter 40CO of the Pennsylvania Rules of criminal Procedure, By the court, WAYNB F, SIIADI! AUomey at lAW 53 We'I pClIurnl SIrC'tl CuUlkl,l'rMlylunla 17013 -2- WAYNI: F, SIIAIlI! Allotnty a. Law HWulrlllll(rrIStrt'cl ('.,lIl1e, PrlullylvllUl. I lOll PAMELA s. DARDEN, Petitioner 'IN '1'111;: COUR'l' oF' COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSVLVANIA CIVIL ACTION - LAW v. JAMES V. DARDEN, Respondent NO. 97-63B4 CIVIL TERM PROTECTION F'ROM ABUSE PROTECTIVE ORDER t)V)":''''1t b:, AND NOW, this ,I"J day of January, 199B, aftar naa.rl'l'J "'I'd :J n ;7[')1'" -, 1)1\ l't_;>,L,(..l L, (,t" ">1')\ IL, h''''.l'tt,: \' I "I t }),'J") e,.", 1.)"'\ <Il.r, upon finding that Petitioner and the ch laren of Pbtltionar bra \~flf 67L i !:L!JIIm"'<j i il tCl-&l'ld-tn'esent-'danger"-etf--1!t bUB&,..f ro~-REllipondent, the following Protective order is entered: 1. Respondent is hereby enjoined from physically abusing Petitioner or the children or placing them in fear of imminent serious bodily injury and is excluded from the residence of Petitioner at 22B4 pine Road, Newville (Penn Township), Cumberland county, Pennsylvania, and from the places of employment of petitioner at CASHA Home care, 1300 Market street, Lemoyne, Pennsylvania, and Shippensburg Health Care Center, 121 Walnut Bottom Road, Shippensburg, Pennsylvania, or any other locations at which Petitioner is assigned by her 'employer. 2. Respondent is ordered to refrain from having any direct or indirect contact with Petitioner including, but not limited to, telephone and written communications, except for contacts which pertain to custOdy of the parties' minor children. 3. Respondent is enjoined from harassing and stalking Petitioner and from harass in'g Petitioner's relatives. 4. Respondent is enjoinod from romoving, damaging, destroying or selling any property owned 'jointlY py the parties or owned solely py Petitioner. 5. The parties shall share legal custody of their minor children. Primary physical custody of said children ~s awarded t~ Petitioner subject to any rights of partial custody in Respondent as ~pecified in any separate Interim Order of custody entered herein. 6. The West Shore Regional Police Department, the Mid- cumberland Valley Regional Police Department and the Carlisle Barraoks of the Pennsylvania state Police will each ba provided with a copy of this Order by counsel for Petitioner and may enforoe this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been I violated, whether or not the violation is committed in the presence of a police officer, In the eVent that an arrest is made under this section, Respondent shall not be taken tq jail, but shall be taken without unnecessary delay before the Court which has issued this Order, When the Court is unavailable, Respondent shall be arraigned before a District Justice who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania RUles of criminal Procedure, 7. This Order shall remain in full force and effect for a period 'of '" '" " "..\l", from the date of its entry. By the Court, WAVN!! F, SIIAIl!! Allt)fllCY II lAW .53 Wul Pomrrd Sind ('.,Ulle, PtMI)'lvanl. 11011 . !i{~,().,) /( / .1 Wesley 'Olfl~, ~r.ir'J"_ -2- WAYN!! F. SHAll!! Altomey al Law 53 Wut pomrrtt Sl1cd (',IIi1le, PrMI)'lvll\l. 1701J PAMELA s. PARDEN, Petitioner I IN 'l'HE COUR'l" OF COMMON PLlll\S OF I CUM6EnLAND COUNTY, PENNSYLVANIA t CIVIL ACTION - LAW t t NO. 97-6384 CIVIL TERM I I PHO'l'J::c'l'ION mOM ABUSE v. JAMES V. PARDEN, Respondent . NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action after service of this Petition, Order of Court and Notice are served upon you by appearing personally or by legal counsel at the hearing scheduled by the Court and by 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 case may proceed without you and a judgment may be entered against you by the Court without further notice for any money olaimed in the pleadings or for any other claim of 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 LAWYEJl, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, cumberland county Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (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 Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable acoommodations available to disabled individuals having business before the court, please contact the Court Administrator's office as noted above. All arrangements must be made at least.72 hours prior to any hearing or business before the Court, d/~tU E"2~ . ~ayn~F. Shade, Esquire supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Petitioner PAMELA s. DARDEN, Petitioner IN THE COURT OF COMMON PLEAS OF CUMa~RLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-6384 CIVIL TERM PROTF,CTION FROM ABUSE v. JAMES V. DARDEN, Respondent PETITION FOR PROTECTIVE ORDER PROTECTION 1. Petitioner PAMELA S. DARDEN, is an adult individual who resides at 2284 Pine Road, Newville, Cumberland County, Pennsylvania 17241, and who is employed by CASHA,Home Care at 1300 Market street, Lemoyne, Pennsylvania 17043, and Shippensburg Health Care Center, 121 Walnut Bottom Road, Shippensburg, PennsYlvania 17257, 2 , Respondent JAMES V. DARDEN is an adult individual whose address is unknown but who is ~~rrentlYUnd~r involuntary commitment in the psychiatric ward of Carlisle Hospital. 3 . Petitioner is the owner of the property in which she resides, and Respondent has no ownership interest in that property. 4. Petitioner and Respondent have been married sinoe February 5, 1981. WAYNr. F, SIIMlr. Allorncy .1 lAw H Wut Pomrrtl Slrt~t ('t,lIl1e, PrMlylY1ll1.t 17013 5, During the course of the marriage and partioularly over the , ' past year, Respon~ent has attempted to cause or haa intentionally or recklessly caused bodily injury to Petitioner or has placed Petitioner, by Physical menace, in fear of imminent serious bodily injury as a result of the following conduct I (a) As a result of severe alcohol abuse, Respond~nt has violently assaulted Petitioner and the ohildren; (b) In December of 1996, Petitioner went into a rage in which he threw food around the house and knocked Petitioner down the steps; (c) On November 15, 1997, Respondent was severely intoxicated, He went into a rage. He struck his son in the face. His son got a baseball bat to defend himself and ran away. Respondent threw Petitioner and the children out of the house, When Petitioner attempted to intervene between Respondent and their son, Respondent struck her in the face so hard that he knocked her down in the driveway of the matital residence and broke her glasses; and (d) On January 12, 199B, Respondent broke into the residence of Petitioner, He was carryIng a firearm and was under the influence of alcohol and other drugs. Petitioner called 911 and, with the assistance of the Pennsylvania state POlice, -2~ was able to have Respondent ramoved from her residenoe and involuntarLly oommitted in the psyohiatrio ward of Carlisle Hospitul. G. Petitioner believes nnd therefore avers that she and the ohildren will be in immediate and present danger of abuse from Respondent should he be permitted to be at the residenoe or plaoe of employment of Petitioner and that Petitioner and the ohildren are in need of immediate ex parte proteotion from suoh abuse. WHEREFORE/ pursuant to the provisions of the "Protection from Abus~ Aot"/ 23 Pa,C.S. 5G101, et seq./ as amended, Petitioner prays that your Honorable Court grant the following relief: WAYNIl F, SHADI! Atlon\e)' at lAw H Wut Pom'", Smfl ('nll.le, PtMI~IYanl. 1701l , (a) A Temporary Proteotive Order requir.ing Respondent to refrain from abusing Petitioner or plaoing Petitioner in fear of abuse and requiring Respondent to refrain from abusing Petitioner and the children or placing them in fear of abuse and ordering Respondent to stay away from the plaoe of employment of Petitioner; (bl The scheduling of a hearing in aocordance with the provisions of the "Protection from Abuse Act" and, after such hearing, the entry of an order, to be in effect for a period of one year, requiring Respondent to refrain from abusing Petitioner and the children or placing them in fear of abuse; -3- , (c) Directing auoh further relief as authorized under 5610B of the Act inoluding directing Resp~ndent to pay Petitioner for reasonable losses suffered as a result of the abuse, inoluding, medioal, dental, relooation and moving expensea, oounseling, loss of earnings or support and other out-of-pooket losses for injuries sustained and reasonable attorney feesl and' (d) Such other relief as may be just aryd proper. CUSTODY 7. Petitioner seeka primary custody of' the following children: Robert J. Darden, born s~ptember IB, 19B3, and Jessica S. Darden, born June 19, 19B5. B , The children were not born out of wedlock. 9. During the past five years, the children have r~sided with Petitioner and Respondent at the marital dwelling at 22B4 Pine Road, Newville (Penn Township), Cumberland county, Pennsylvania 17241. W^YI'IIJ F, SH^Jm AUomry It taw 'JWul PomfrctSlttel ('nU.let PtMlylvlIll1 J701l 10. The relationship of Petitioner to the children is that of mother, and she currently resides with Respondent and the' children at the rnarit~l dwelling. -4- 11. The relationship of RespondQnt ~o the ohildren is, that of father/ and the parties remain ma~ried. 12. Petitioner has not partioipated as a party or witness, or in any other oapacity, in other lit{gation ooncerning the oustody of the ohildren in this or any other Court. 13. Petitioner has no information of a oustody prooeeding conoerning the children pending In a Court of this Commonwealth. 14, Petitioner does not know of a person not a party to these proceedings who has physical custody of the children or claims to have oustody or visitation rights with respect to the children. 15. The best interests and general welfare of the children will be served by granting the relief requested for, the fOllowing reasons: (a) Petitioner is a fit parent who has been the primary oaretaker of ,the 6hildren; and (b) Respondent has shown, by the abuse alleged herein, an inability to be a (it and proper parent. WHEREFORE, pursuant to the provisions of the "Proteotion from Abuse Aot", 23 Pa.C,S, S6101, lilt seq., as amend'ed, I -5- Petitioner prays that your lIonoraplo court grant to potitioner primary physioal oustody with respoot to the ohildren. " , wa~~~/(~hj2t~ire supreme Court No. 16712 63 Weat Pomfret street carlisle, Pennsylvania 17013 Tolephonel 717-243-0220 Attorney for Petitioner " , , , ",i WAYNll F, SHAllI! AUomcy .ll.lw .u Welt Pom'rd litncl Ca,ll.Ie,I\'Maylv&l\la 17011 -fh The statements in this Petition for protoctive Order are based upon information which has boon assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements, and to the extent thnt thoy are based upon information which I haVe given to my counsel, they are true and correct to the bust of my knowledge, information and belief. I understand that falso statements herein are made SUbject to the penalties of 18 Pa, C.S. 54904 relating to Unsworn falsification to authorities. Datel January 13, 1998 rfl//J' Ydp.l 'i '(A) ~ (~~ ame.1a'S, Oar en " /, I I; , " ,/ ';j , q H " ,I WAYN1', F. SHADI! AUomc:Y'llAw H Welt Pom(rtl SlIeel C.rUlle. 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