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HomeMy WebLinkAbout94-02992 s 1 e I 1 1 I 1 1 , ] , j 1 I rt cr cr c1> t( . NANCY L, MADDEN IN mE COURT OF COf>M)N PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO, 94- ;).qq a CIVIL TERM v. WAYNE A, MADDEN, PROTECTION FROM ABUSE AND CUSTODY Defendant AND NOW, this 'IBtPORARY PROTECTION ORDER ,.3~ day of June, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Nancy L. Madden, now residing at 34 1/2 North Hanover Street, Apt. 6, Carlisle, CUmberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Wayne A. Madden, the following Temporary Order is entered, The defendant, Wayne A. Madden, current ly incarcerated in CUmberland County Prison, Carlisle, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Nancy L. Madden, or placing her in fear of abuse. The defendant is excluded from the plaintiff's residence located at 34 1/2 North Hanover Street, Apt. 6, Carlisle, CUmberland County, Pennsylvania, a residence which is jointly leased by the parties. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to 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, Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the proviaions of the court order directing the defendant to refrain from abusing the plaintiff, 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, except for the limited purpose of facititating custody arrangements, .... The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's family. 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. Temporary custody of Rebecca L. Madden is hereby awarded to the plaintiff, Nancy L, Madden, This Order shall remain In effect until a final order is entered in this A hearing shall be held on this matter on the q~ day of June, 1994, case. at \\'.\S 0.. .m" In Courtroom NO.~, CUmberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in i2rIA PaUperis pending a further order after the hearing. The CUmberland County Sheriff's Department shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable Rule of Civil Procedure. The Pennsylvania State Police and the Carlisle Police Department will be provided with 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, (2 Judge NANCY L, MADDEN IN TIlE COURT OF <XMlON PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO, 94- ~ ."J.. CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY WAYNE A. MADDEN, Defendant PETITION FOR PROTIlCTION ORJ>ER AND CUSTODY RELIEF UNDER TIlE PROTECTION FIOl ABUSE ACT. 23 P.S, I 6101 et seq, A. ABUSE 1. The plaintiff Is an adult Individual whose permanent address is 34 1/2 North Hanover Street, Apt, 6, Carlisle, CUmberland County, Pennsylvania, 17013. 2, The defendant Is an adult Individual currently incarcerated in the CUmberland County Prison, Carlisle, Pennsylvania, 17013. 3, The defendant is the husband of the plaintiff and the father of the parties' daughter. 4, Since approximately 1981, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff and by physical menace has placed the plaintiff in fear of iauninent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a, On or about May 25, 1994, the defendant threw a full can of beer at the plaintiff, which missed her. When she tried to run from him, he grabbed her from behind, picked her up off of the floor, and tried to throw her out of the apartment door, The plaintiff grabbed the door jamb to keep from being thrown out. The defendant tried to drag her through the doorway, slapped her head, pinncd her to the floor with his knees, pried her fingers from the door jamb, picked her up, threw her out the door of the apartment and locked her out. The plaintiff telephoncd the Carl isle Police Department frail a neighbor's home, The police charged the defendant with simple assaul t and arrested him. The defendant has been incarcerated in the CUmberland County Prison since this date. A preliminary hearing was held before District Justice Correal at 9:00 a.m. on June I, 1994. The charges were bound over for trial, and the defendant was returned to thc Cumberland County Prison, b. On or about May 21, 1994, the defendant punched the plaintiff in the eye, took her house keys, told her to leave the home and not return, The plaint iff feared for her safety and stayed with friends. c, On or about May 20, 1994, the defcndant punched the plaintiff in the face, took her house keys, and told her to leave the home and not return. The plaintiff feared for her safety and stayed with friends, d. In or about November, 1993. the defendant pushed and shoved the plaintiff about in their apartment, shoved her out the door into the hallway, and pushed her down a flight of stairs, The plaintiff required medical treatment at the Carlisle Hospital for a broken clavicle and bruising she sustained as a result of this incident. e. In or about 1989, the defendant chased the plaintiff through their home with a sledge hammer during an argument, threatening to hit her with it, f. In or about 1988, when the plaintiff attempted to leave him because of his abusive behavior, the defendant held a shotgun to the ptaintiff's head and threatened that she would be dead if she did not stay, g. Since approximately t98l, the defendant has abused the plaintiff in ways inclUding, but not limited to pushing, shoving, kicking, punching, slapping, choking, pulling her hair, restraining her, shoving her down stairs, locking her out of the marital home, and sexually assaulting her, In addition, the defendant has threatened the plaintiff with physical violence saying, "When was the last time you have had a black eye or been thrown down the steps?"; "If you leave, you're dead."; and "If you ever call the cops on me, I'll kill you." S. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should he return to the home without defendant's exclusion 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, except for the limited purpose of facilitating custody arrangements. 7, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's family. 8. The plaintiff desires that the defendant be restrained from entering her place of employment or the school of the minor child, 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, B. EXCLUSIVE POSSESSION 10. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the names of Nancy L. Madden and Wayne A, Madden, II, The plaintiff currently has no place to stay with her child except the marital home. 12, The plaintiff desires possession of the apartment so as to give the greatest degree of continuity to the life of the child, to allow her to continue her education at her school, and to continue her school and social activities, C, SUPPORT 13, The defendant has a duty to support the plaintiff and the minor child. 14, The defendant is currently unemployed. 15, The plaintiff's income is insufficient to provide for her minimal needs and those of the child until such time as a support order can be obtained by filing at the Domestic Relations Office, 16. The plaint iff intends to pet it ion for support wi thin two weeks of the issuance of a protective order. D. LOSSES 17, The plaintiff asks for attorney's fees for Legal Services, Inc., and filing and service fees of this lawsuit pursuant to the Protection from Abuse Act. E. STATUS TO PIlflMO'FJl IN FORMA PAUPERIS 18, The plaintiff works at Country Crossing Restaurant in Carlisle, and earns a salary of approximately $155.00 per week, 19. The plaintiff does not have funds avai lable to pay the fees for filing and service of this lawsuit, P. TfJIPORARY CUSTODY 20, The plaintiff seeks temporary custody of the following child: Hall Present Residence ~ Rebecca L, Madden 34 1/2 N, Hanover St" Apt. 6 Carlisle, PA 14 years old D.O.B, May 19, 1980 The child was not born out of wedlock. The child is presently in the custody of the plaintiff, Nancy L, Madden, who resides at 34 1/2 North Hanover Street, Apt. 6, Carlisle, CUmberland County, Pennsylvania, During the past five years the child has resided with the following persons and at the following addresses: ~ Addresses Dates Plaintiff 34 1/2 N. Hanover St., Apt. 6 May 25, 1994 to Carlisle, PA the present Plaintiff and 34 1/2 N. Hanover St" Apt, 6 January, 1992 defendant Carlisle, PA to May 25, 1994 Plaintiff and 431 N. Hanover St., Apt. 3 November, 1990 defendant Carlisle, PA to January, 1992 Plaint i ff North East 6th Ave. July, 1990 Cape Coral, FL to November, 1990 H!YI!l Addresses Dates Plaintiff and defendant 14 Terry Drive Carlisle, PA November, 1988 to July, 1990 The mother of the child is Nancy L, Madden, currently residing at 34 1/2 North Hanover Street, Apt. 6, Carlisle, CUmberland County, Pennsylvania. She is married. The father of the child is Wayne A, Madden, currently incarcerated in CUmberland County Prison, Carlisle, Pennsylvania. He is married. The plaintiff currently resides with the following person: ~"Ile Relationship Rebecca L. Madden her daughter 21. The plaintiff has not previously participated in any litigation concerning custody of the above-ment ioned child in this or any other Court, 22, The plaintiff has no knowledge of any custody proceedings concerning thi~ child pending before a court in this or any other jurisdiction, 23. The plaintiff 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 visitation rights with respect to the child. 24, The best interests and permanent welfare of the child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a fit parent who can best take care of the child, b, The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the child, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. g 6tOl ~ ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protect ion 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 wi th the plaint i ff including, but not limited to, telephone and written communications, except to facilitate custody arrangements; 3. Ordering the defendant to refrain from harassing and stalking the plaint iff, and from harassing the plaintiff's fami Iy; 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. Granting possession of the apartment located at 34 1/2 North Hanover Street, Apt. 6, Carlisle, CUmberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter; 7, Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, and 8. Granting temporary custody of the minor child, Rebecca L, Madden, to the plaintiff. 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, except to facilitate custody arrangements. 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's fami ly. 4. Prohibiting the defendant from entering the plaintiff's place of employment. S. Prohibiting the defendant from removing, damaging, destroying or se 11 ing property joint ly owned by the part ies or owned solely by the plaintiff, 6, Granting possession of the apartment home located at 34 1/2 North Hanover Street, Apt. 6, Carlisle, CUmberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, 8. Grant ing support to the plaint i ff and the minor child in the amount of $35.00 per week payable to the plaintiff in the form of a check or money order, mailed to her residence. 9, ordering the defendant to pay all costs of filing and service of this lawsuit and attorney's fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Pennsylvania State Police and the Carlisle Police Department who have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper, ooutn' I I CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 25. The allegations of Count I above are incorporated herein as if fully set forth. 26. The best interest and permanent welfare of the child will be served by confirming custody in the plaint iff as set forth in Paragraph 24 of the Petition. WHEREFORE, pursuant to 23 p,S, 6 5301 et seQ" and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor chi ld to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ~ Attorney for Plain 'ff LBJAL SERVICES, INC, The above-named plaintiff, Nancy L. Madden, verifies that the statements aade in the above Petition are true and correct, The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ! 4904 relating to unsworn falsification to authorities. Date: O:~,-91 /7o'''':!J i/. /fhdcLu<o=- Nancy L, en, Plaintiff () V -::r ~",.. ~ en - ~)o" ", - ,~ ::::c: .I.., ;.1 "'- ~::: ;-: : ' Q II) - ~. (:(:', .... .. '..... .. f1= ...... <, :z: :-) 'l. ~ '. "- = ,:;.... -, U. H '. Defendant IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2992 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY NANCY L. MADDEN, Plaintiff v, WAYNE A. MADDEN, PROTECTION ORDER AND NOW, this ~ day of June, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Wayne A. Madden, is enjoined from physically abusing the plaintiff, Nancy L, Madden, 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 for the limited purpose of facilitating custody arrangements. 3, The defendant is prohibited from entering the plaintiff's place of employment, 4. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's family. 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 excluded from the plaintiff's residence located at 34 1/2 North Hanover Street, Apt. 6, Carlisle, CUmberland County, Pennsylvania, 7, The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. 8. The defendant is ordered to pay interim support to the plaintiff and the minor child in the amount of $35.00 per week payable to the plaintiff in the form of a check or money order by mall IlOlIdlnll the entry of an order by the CUmberland County Domestic Relations Office, 9. This Order shall remain In effect for n period of one year. 10. The carlisle PolIce Department shall be provIded with a certified copy of this Order by the pllllntlff's attorney IInd 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 tllken wi thout unnecessary delay before the court that Issued the order. When that court Is unavallabl~...~na. defend t shall be taken before the appropriate distrIct justice. By Edga yley, Judge , .; ,~ ., " ~US701:xt ok:trr , .I ~ \, . . , ."; . , t - . , , , , . 1 r . " v .~- -. .. , . .' , . .' ~ 'T_-.~'~ . I ~ > f i ~ , .. f . ~?' r. .. I . , NANCY L. MADDEN IN THE COURT OF cor.M>N PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, Defendant NO, 94-2992 CIVIL TERM PROTECI'ION FROM ABUSE AND CUSTODY WAYNE A. MADDEN, AND NOW, CUSTODY ORDER this ~day of June, 1994, upon consideration of the parties' COnsent Agreement, the following Order is entered with regard to custody of the parties' child, Rebecca L. Madden. 1, The plaint iff, hereinafter referred to as the mother, shall have primary physical and legal custody of the child, 2. The defendant, hereinafter referred to as the father, shall have partial custody of the child, on dates and at times mutually agreed upon by the parties, 3, This Order shall remain in effect until either party petitions to have it changed. 4, The IIIOther and father shall notify each other of all medical care the child receives while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise whi Ie the chi ld are in that parent's care, S. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or res ct for the other parent. NANCY L, MADDEN IN 1lfE COURT OF COMMON PLEAS OF Plaint iff CUMBERLAND COUNTV, PENNSYLVANIA NO. 94-2992 CIVIL TERM PRarECTION FROM ABUSE AND CUSTODY v. WAYNE A, MADDEN, Defendant CONsmr AGIlF.l'MPNl' 0'1- This Agreement is entered on this ~ day of June, 1994, by the plaintiff, Nancy L, Madden, and the defendant, Wayne A, Madden. 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, Wayne A. Madden, agrees to refrain from abusing the plaintiff, Nancy L, Madden, 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 for the limited purpose of facilitating custody arrangements. 3, The defendant agrees not to enter thp plaintiff's place of employment. 4. The defendant agrees not to harass and stalk the plaintiff and harass the plaintiff's family. 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 34 1/2 North Hanover Street, Apt. 6, Carlisle, Cumberland County, Pennsylvania. 7, The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself, except for the limIted purpose of transferring custody. 8, The defendant agrees to pay interim support to the plaintiff and the minor child in the amount of $35.00 per week payable to the plaintiff In the form of a check or money order by mail until the entry of an order by the CUmberland County Domestic Relations Office. 9. The defendant, al though entering into this Agreement, does not admit the allegations made in the Petition. 10. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year, 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, 12, The defendant and the plaint i ff agree to the entry of an Order providing for the following custody schedule for their child, Rebecca L, Madden, a, The mother shall have primary physical and legal custody of the child. b. The father shall have partial custody of the child on dates and at times mutually agreed upon by the parties. c. The mother and father agree that each shall notify the other of all medical care the child receives while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the child is in that parent's care, d. 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 shall do anything which may estrange