HomeMy WebLinkAbout98-01414
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Support payments: 0.00
Disability payments: NIA
Unemployment compensation and supplemental benefits: N/A
Workman's compensation: N/A
Public Assistance: N/A
Other: NIA
(d) Other contributions to household support
(Wife)(Husband) Name: N/A
If your (wife)(husband) is employed, state
Employer: N/A
Salary or wages per month: N/ A
Type of work: N/A
Contributions from children: N/A
Contributions from parents: N/ A
Other contributions: N/A
(e) Property owned
Cash: 0.00
Checking account: $14.00
Savings account: N/A
Certificates of deposit: NI A
Real estate (including home): N/A
Motor vehicle: 87 Pontiac Grand AM
Cost $194.00/month, Amount Owed $2000.00
Stocks; bonds: N/A
Other: N/A
(t) Debts and obligations
Mortgage: N/A
Rent: $400.00
Loans: N/A
Other:
Food $200.00/month
Water $35.00/month
Gas $60.00/month
Electric $50.00/month
Phone $25.00/month
Cable $43.00/month
Household $20.00/momh
Clothing $60.00
Entertainment $40.00/month
(g) Persons dependent upon you for support
(Wife)(Husband) Name: N/A
Children, if any:
Name: Storm D. Rideout Age: 9 mos.
"
Pa.C.S. ~6113; il) II privllte criminal complaint under 23 Pa.C.S. *6113.1: iii) a charge of
IIll1lrect crhninal contcmpt under 23 Pa.C.S. ~6114, punlslmhle hy imprisonment up to six
months IInda line of $100.00,$1,000.00; and iv) civil contcmpt undcr 23 Pa.C.S. ~6114,1.
Rcsumptlon of co-rcsidcncc 011 thc pnrt of thc Ilctltloner IlIld respondcnt Shllll not nullify
thc provisions of thc court order,
6. Temporary custody of Storm D. Rideout, is hereby awarded to petitioner. Cheryl
E. Rudd.
7. A hearing shall be held in this matter on the ,,')1~i,y of March, 1998, at I; '/SliM.,
in Courtroom No,L. Cumberland County Courthouse. Carlisle, Pennsylvania.
8. The Carlisle Police Department shall be provided with a certified copy of this
Order by the petitioner'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 respondent shall
be taken without necessary delay before the court that issued the order. When that court is un-
available, the respondent shall be taken before the appropriate district justice. (23 P.S. *6113).
9. The petitioner may proceed without pre-payment of fees pending a further order
after the hearing.
10. This Order shall be docketed in the office of the Prothonotary. The Prothonotary
shall not send a copy of this Order to the respondent by mail.
By the Court,
I
a) On March 9, 1998, petitioner ami respondent were preparing to luke their ill
son to the hospil:ll when the respondent hegun yelling und cOll1pluining and continued to do so
as they were in the hospitul waiting room. While petitioner was holding their son, respondent
pretended to throw the child's diapcr bug at hcr in a thrcatcning manncr, plucing her in immincnt
fear of bodily injury. Whcn petitioncr told respondent that she was tired of his violent behuvior
and tired of being afmid of him, hc began calling hcr dcrogatory names and thre;llened to beat
her up at the hospital. Shorlly thereaftcr, respondent startcd hilling petitioner on the head,
causing her substantial pain. Pctitioner's immcdiate reaction was to protect her son, whom she
continued to hold. Respondent eventually calmed down and voluntarily Icft the premises after
a security guard was notified.
Petitioner contacted Domestic Violence Services (DVS) and the police. When petitioner
arrived at her home with thc police and somcone from DVS, shc discovcred that during the
interim, respondent had entered the home and destroyed some of hcr personal property,
including clothing and food. Shortly after, respondent called petitioner and udmilted that he was
responsible for trashing the house.
b) In July or August of 1997, the respondent slammed petitioner into a door,
chased her out of the home, and forcefully pushed her into the bushcs, all of which caused her
substantial pain.
c) During the spring of 1996, the respondent punched the petitioner in the head
and falsely imprisoned her for approximately two to thrce hours.
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5) Grnnting such other relief liS the Court lleems lIppruprilllC lInll just.
B. Schellule 1I plenllry hell ring lInll, lifter such hellring, enter lIn orller lIgllinst the
responllent, effective for one yellr:
1) Directing the responllelll to refrain from lIbusing the petitioner;
2) Prohibiting the responllelll from hllving lIny contllct with the petitioner
except for the limited purpose of discussing lInd lIrranging custody or visitation of their son,
Stonn;
3) Granting primllry physiclll custody of Storm D. Rideout to the petitioner;
4) Ordering respondent not to trespllss lit petitioner's residence, currelllly at
338 B Street, ClIrlisle, Cumberlllnd Coullly, Pennsylvllnia, 17013;
5) Directing the respondent to pay the petitioner for rellsonable losses
suffered as a result of the lIbuse, including mediclll, dentlll, relocation lInd moving expenses;
counseling; loss of earnings; lIttorney fees; lInd other out of pocket losses for injuries sustained.
6) Directing the respondent to PllY child support in lIn lIppropriate lImount;
7) Directing the respondent to pay the administrative costs and fee required
for filing the Petition;
8) Granting such other relief liS the Court deems lIpproprillte and just.
COUNT II - CUSTODY
7. The previous 1I11egations of this Petition are incorporated here by reference.
8. The petitioner seeks primary custody of Storm D. Rideout, born March 30, 1997,
4
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week. If either the respondent or petitioner intends to leuve the stute with Storm for more thun
one (1) week, it must he mutuully ugreed upon by the purties.
E. Purties intend und understund that these provisions concerning custody shull
survive the expirution of the Protection Order und shull stuy in effect until further order of court.
5. The respondent understunds thut the petition Order entered in this mutter will be in
effect for u period of one (I) yeur und eun he extenued beyond thut time if the Court finds that
the respondent has committed an uct of abuse or hus enguged in a puttern that indicutes risks of
harm to the petitioner. The respondent understands that this Order will be enforceable in the
same manner as the Court's prior Temporary Protection Order entered in this case.
6. The Carlisle, Police Department will be provided with a copy of this order by
attorney for the 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 the police officer. In the event that an arrest is made
under this section, the respondent shall not be taken to jail but shall be taken without
unnecessary delay before the court that issued the order. When that court is unuvailable, the
respondent shall be taken before the appropriate district justice. (23 P.S. ~6113).
Resumption of co-residence on part of the petitioner and respondent shall not nullify the
provisions of the court order.
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CHERYL E. RUDD,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN PROTECTION FROM ABUSE
WAYNE F, RIDEOUT, II,
Respondent
NO, 98-1414
TEMPORARY PROTECTIVE ORDER
AND NOW, this 30 t~y of March, 1999, upon presentation and consideration of the
within Petition, and upon finding that CHERYL E. RUDD, now residing in Cumberland
County, Pennsylvania, is in immediate and present danger of abuse from the respondent,
WAYNE F. RIDEOUT, II, the following Temporary Order is entered.
The respondent, WAYNE F. RIDEOUT, II, whose current address is 353 West Ridge
Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing
the petitioner, CHERYL E. RUDD, and their minor son, or placing them in fear of abuse and is
,]..01
ordered to stay away from any location where they may reside. 1Jl1l Fititi8Rir is kereby awarded
PEmnQ' ph~'Rie81 "'~i)l\Jdy uP lhl,,; pall;",,); III:....... BOn. The respondent is hereby notified that if he
fails to follow this Order, he may be in indirect criminal contempt which is punishable by a fine
not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate
punishment.
This Order shall remain in effect until a final order is entered in this case. A hearing shall
be held on this matter on the q.a.- day of ~,199l at 1I~(N,m. in Courtroom No.
/ ,Cumberland County Courthouse, Carlisle, Pennsylvania.
The Cumberland County Sheriffs Office shall attempt to make service at the petitioner's
request, but service may be accomplished under any applicable rule of Civil Procedure.
5. On or ubout Murch 27, 1999, the respondent wus ut the petitioner's home and
begun yelling ut the petitioner,
6. The following events then followed on March 27, 1999:
u. The respondent became very violent while urguing with the petitioner;
b. The minor child, Stoml Rideout, born May 30, 1997, was present ut the time;
e. The respondent picked up a coffee table and smashed it against the floor in the
presence of both the petitioner and their minor child;
d. The respondent began beating on the wall and kicked down the door;
e. The petitioner picked up her minor son, at which time the respondent chased her
around the car;
f. The respondent took the minor child and said that he would make the petitioner's
life a living hell and that she would not see her son again;
g. The respondent then said that the petitioner could have her son back if she would
take him to his mother's home located at 353 West Ridge Street, Carlisle,
Pennsylvania;
h. The petitioner agreed, so as to get her son back, but requested that the respondent
dri ve;
i. During the car ride to the respondent's mother's home, he said to the petitioner
"Wouldn't it be neat if I killed all three of us and then they could make a movie of
ustl;
j. After saying this, the respondent usked the petitioner "Am I scaring you yet?" and
"I have no fucking remorse lor you";
....
CHERYL E, RUDD,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
IN PROTECTION FROM ABUSE
v.
WAYNE F. RIDEOUT, II,
Respondent
NO. 98-1414
ORDER
AND NOW, this J.J~ay of:?rl(~ ,1998, upon review of the Consent Agreement
submilled by the parties it is hereby ordered:
I. Without admitting any of the allegations of the petition, the respondent is ordered
to cease from further abuse or harassment of the petitioner, Cheryl E. Rudd.
2. Respondent is ordered not to COntact petitioner except for the purpose of
discuSSing the welfare of their minor child, Storm D. Rideout,
3. Respondent is ordered not to enter petitioner's place of residence, currently at 338
B Street, Carlisle, Cumberland COUnty, PelU1Sylvania, 17013, except for the purpose of
exchanging custody of Storm D. Rideout.
4. The protection Order entered in this mailer provides the fOllOWing Provisions for
custody of the parties minor child, Storm D. Rideout:
A. The parties shall have joint legal custody of Storm;
B. Petitioner shall have primary physical custody of Storm;
C. Respondent shall have Such partial custody as the parties agree upon;
D. Notification shall be provided to the other party when either respondent or
petitioner intends to leave the state of Pennsylvania with Storm for any period up to one (I)
week. If either the resp9ndent or petitioner intends to leave the state with Storm for more than
one (I) week, it must be mutually agreed upon by the parties.
survive the expiration of the Protection Order and shall stay in effect until further order of COUrt.
' ,
E. Parties intend and understand that these provisions concerning custody shall
5. The respondent understands that the petition Order entered in this mailer will be
in effect for a period of one (I) year and can be extended beyond that time if the COUrt finds
that the respondent has commilled an act of abuse or has engaged in a pallern that indicates risks
of hann to the petitioner. The respondent understands that this Order will be enforceable in the
same manner as the COUrt's prior Temporary Protection Order entered in this case.
6. The Carlisle, Police Department will be provided with a copy of this order by
allorney for the 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 the police officer. In the event that an arrest is made
under this section, the respondent shall not be taken to jail but shall be taken without
unnecessary delay before the COUrt that issued the order. When that COUrt is unavailable, the
respondent shall be taken before the appropriate district justice, (23 P.S. ~6113).
Resumption of co-residence on part of the petitioner and respondent shall not nullify the ~'"
provisions of the court order.
'.
, Rr-CORO
"'P" fR0~~\ - hand
Tln!'E C:., ,'" I h'r~ unto ~et my
In T..~:i1\~n~ :,'1'_I'd Court at Carlisle, Pa. "K
and the s~51 of Sol 'y,1.~..,' 19...(....
~ tJ,.. da', of,..........( .
This ,...;;l~. ......, r. -0 ~~......_
L.4\.. ...u..~.\1
, .. ..... .... ..p..~olhonotary
......... oZ)M' ,
By the COUrt.
I-J/-J. IAJ-'?~ 1)&... ~,
J.
.
week. If either the respondent or petitioner intends to leave the state with Stonn for more than
one (1) week, it must be mutually agreed upon by the parties.
E. Parties intend and understand that these provisions concerning custody shall
survive the expiration of the Protection Order and shall stay in effect until further order of court.
S. The respondent understands that the petition Order entered in this maller will be in
effect for a period of one (1) year and can be extended beyond thaHime if the Court finds that
the respondent has committed an act of abuse or has engaged in a pallern that indicates risks of
hann to the petitioner. The respondent understands that this Order will be enforceable in the
same manner as the Court's prior Temporary Protection Order entered in this case.
6. The Carlisle, Police I?epartment will be provided with a copy of this order by
attorney for the 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 the police officer. In the event that an arrest is made
under this section, the respondent shall not be taken to jail but shall be taken without
unnecessary delay before the court that issued the order. When that court is unavailable, the
respondent shall be taken before the appropriate district justice. (23 P.S. ~6113).
Resumption of co-residence on part of the petitioner and respondent shall not nullify the
provisions of the court order,
. '
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: IN THE COURT OF COMMON I'LEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN PROTECTION FROM ABUSE
CHERYL E. RUDD,
I'etltloner
WAYNE F. RIDEOUT, II,
Respondent
: NO. 98-1414
ORDER OF COURT
AND NOW, this ~ ~ (t, day of April, 1999, in consideration of the attached Petition to
Withdraw Protection From Abuse, the Temporary Protective Order dated March 30, 1999, is
hereby withdrawn, and the hearing scheduled for April 9, 1999, at 11 :00 a.m. is hereby canceled.
All actions in this matter are hereby withdrawn until further order of court.
By the Court,
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