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HomeMy WebLinkAbout94-07177 abuse: a. On or about December 16, 1994, when the plaintiff was leaving the defendant's residence with their child, the defendant ran after her, jumped on her fro. behind, and grsbbed her from causing bruising about her left shoulder. The defendant punched the plainti ff on the back of her head causing swelling. The defendant screamed and forcefully IIhook the plaintiff as she held the parties' child causing the plaintiff to fear for her safety and the lIafety of the chi ld. A friend intervened enabling the plaintiff and her child to get away, The defenddnt's mother then grabbed the plaintiff by her arm and repeated pounded on the plaintiff's head with her fist. When the defendant's .other continued to grab at the plaintiff and the baby while punching the plaintiff on the top of her head and grabbed at the baby caulling the baby's head snap back, the plaintiff feared for the child's safety and released the child to the defendant's mother who ran into the house with the baby. Throughout this incident, the baby screamed hysterically. The plaintiff left the residence and called the Middlesex police to report the incident and asked them to check to make lIure the baby was okay. b, During the course of this three year relationship, the defendant has kicked and punched the plaintiff, slammed her head against a wall, choked her almost to the point of unconaciouanesa, punched her in the head repeatedly, dragged her by the hair, and forcefully grabbed her by the arms leaving bruises, 5, The plaintiff believes and therefore avers that she and her child wi 11 be in immediate and prellent danger of abuse from the defendant and that 2 12. The best Interests and permanent welfare of the child will be aet if custody ill temporarily granted to the plaintiff pending a hearing in this aatter for reAsons including the foilowing: a. The plaintiff is a fit parent who can best take care of her child. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role aodel for the child. c. The defendant's recent behavior deaonatrated that he did not was not concerned about the child's safety. C. BXCLUSIVB POSSBSSION 13, The home which the plaintiff is asking the Court to order the defendant to stay away from is rented in the nw.e of Dianne "aulaan. 14. The defendant ill presently living with his parents at 327 Walnut Lane, Carlisle, Pennsylvania. D. SUPPORT 15. The defendant has a duty to support their ainor child. 16. The defendant Is employed at Maaco and the his salary is unknown to the plaintiff, 17. The plaintiff currently has no incoae. 18. The plaintiff Intends to petition for support within two weeks of the issuance of a protective order. E. ATrOBNK'l FEES 19, The plaintiff asks that the defendant be ordered to pay reasonable attorney fees pursuant to the Protection froa Abuse Act, 5 WHEREFORE, pursuant to the provisions of the "Protection froa Abuse Act" of October 7, 1976, 23 Pa.C.S,A. Section 6101 ~ ~., as aaended, the plaintiff prays this Honorable Court to grant the following relier: A. Grant a Te.porary Order pursuant to the "Protection frou Abuse Act": 1. Requiring the defendant to refrain from abusing ths plaintiff and her ainor child or placing the. in fear of abulle. 2. Requiring the defendant to refrain fro. having any contact with the plaintiff except to facilitate custody of their minor child. 3. Requiring the defendant to refrain fro. entering the plaintiff's school, stalking the plaintiff, and harassing the plaintiff or her relatives. 4. Granting temporary custody of the .inor child to the plaintiff. 5. Ordering the defendant to stay away fro. the residence located at 23 W. Balti.ore Street, Carlisle, Pennsylvania. 6. Ordering the defendant to stay away from any residence the plaintiff aay in the future establish for herself. B. Schedule a hearing in accordance with the provisions of the "Protection fro. Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Requiring the defendant to refrain fro. abusing the plaintiff or her minor child or placing her in fear of abulle. 2. Requiring the defendant to refrain fro. having any contact with the plaintiff except to facilitate custody of their minor child. 6 3. Requiring the defendant to refrain fro. entering the plaintiff's school, stalking the plaintiff, and haraslling the plaintiff or her relatives. 4. Ordering the defendant to IItay away fro. the residence located at 23 W, Baltlaore Street, Carlisle, Pennsylvania. 5. Ordering the defendant to stay away fro. any residence the plaintiff .ay in the future establish for herself, 6. Granting support to the plaintiff in an appropriate aaount according to the support guidelines. 7. Ordering the defendant to pay reasonable attorney fees. The plaintiff further asks that this Petition be filed and served without pay.ent of costs, pending a further order at the hearing. and that a copy of this Petition and Order be delivered to the Carlisle and Mechanicsburg Police Depart.ent as the Police Depart.ent with jurisdiction to enforce thill Order. The plaintiff prays for such other relief as .ay be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 20. The allegationll of Count I above are incorporated herein as If fully set forth. 21. The best interests and per.anent welfare of the child will be served by awarding custody to the plaintiff as set forth in paragraph 12 of the Petition. WHEREFORE, pursuant to 23 P,S. ~~ 5301-5366, and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the 7 LAW O""IC'. SNELBAKER a BRENNEMAN denied that at any time Defendant has attempted to cause and has intentionally, knowingly or recklessly caused bodily injury to Plaintiff, placed the Plaintiff in reasonable fear of imminent serious bodily injury to herself and her child and/or knowingly engaged in a course of conduct or repeatedly committed acts toward the Plaintiff under circumstances which have placed Plaintiff in reasonable fear of bodily injury. To the contrary, Plaintiff has repeatedly verbally and physically abused Defendant and has abused and endangered the parties' child, Slade Alan Thickey. It is further denied that on December 16, 1994, Defendant jumped the Plaintiff from behind causing bruising on her left shoulder when Plaintiff was leaving Defendant's residence with their child. To the contrary, at the time of the alleged incident, Plaintiff with others, came to Defendant's residence with the intention of removing the parties' child without the consent or permission of Defendant. It is further denied that Defendant punched Plaintiff on the back of her head causing injury or forcefully shook her as she held the parties' child, thereby causing Plaintiff to fear for her safety and the safety of the child. It is denied that Defendant screamed during this incident. It is denied that a friend intervened on behalf of Plaintiff enabling Plaintiff and her child to get away. To the -2- LAW O""ICla SNELDAKER a BRENNEMAN contrary, two male individuals that accompanied Plaintiff to Defendant's home bodily and physically attacked Defendant. It is further denied that Defendant's mother grabbed the Plaintiff by her arms and repeatedly pounded on Plaintiff's head with her fist. Although it is admitted upon information and belief that Defendant's mother did secure the parties' child from Plaintiff, it is denied that Defendant's mother at any time punched the Plaintiff on the top of her head and grabbed at the baby in such a way as to cause the child's head to snap back. Although it is admitted only that Defendant's mother took the parties' child into her home, it is denied that throughout the incident related by Plaintiff that the child screamed hysterically. It is admitted upon information and belief that the Plaintiff called the Middlesex Township Police Department to report the incident. It is denied that Plaintiff asked the police department to check to make sure that the baby was okay. It is denied that Defendant during the course of their two year relationship has kicked or punched the Plaintiff, slammed her head against a wall, choked her, punched her in the head repeatedly, dragged her by the hair and forcefully grabbed her by the arms leaving bruises. Although it is admitted that Defendant on occasion has attempted to restrained Plaintiff from the numerous and repeated physical abuse and attacks made by Plaintiff against the Defendant, Defendant has at no time retaliated due to Plaintiff's bizarre and uncalled for conduct. -3- LAW o,.,lcn SNELBAKER a BRENNEMAN 5. Denied. It is denied that Plaintiff and her child are or will be in immediate and present danger of abuse from the Defendant and that Plaintiff and her child are in need of protection from such abuse. To the contrary, Defendant and the parties' child are in need of protection from abuse caused by Plaintiff. 6. paragraph 6 of Plaintiff's Petition which expresses Plaintiff's desires requires no response by this party; therefore, same is deemed to be denied. To the extent a response is required, it is denied, to the extent it is implied, that there is any need for Defendant to be ordered to refrain from having any contact with Plaintiff. 7. Paragraph 7 of Plaintiff's Petition, which expresses Plaintiff's desires, requires no response by this party; therefore, same is deemed to be denied. To the extent a response is required, it is denied, to the extent it is implied or expressed, that Defendant at any time entered Plaintiff's school, stalked the Plaintiff or harassed the Plaintiff or her relatives. 8. Admitted, with the qualification that for a two week period immediately after the birth of the parties' child, Plaintiff resided with the Defendant and the parties' child as well as Defendant's parents at 327 Walnut Lane, Carlisle, Pennsylvania. -4- LAW O"ICI. SNELUAKER a BRENNEMAN 9. Admitted upon information and belief. 10. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the averments contained in Paragraph 10 of Plaintiff's Petition; therefore, same are deemed to be denied. To the extent a response is required, Plaintiff had constructive knowledge of a custody proceeding initiated by the Defendant by complaint For custody filed December 21, 1994 and docketed to No. 94-7141 civil Term, Cumberland County, which Complaint was filed prior to Plaintiff's filing of her Petition. 11. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the averments contained in Paragraph 11 of Plaintiff's Petition; therefore, same are deemed to be denied. 12. Denied. It is denied that the best interest and permanent welfare of the child will be met if custody is temporarily granted to the Plaintiff. To the contrary, the best interest and permanent welfare of the child will be met if temporary and/or permanent physical custody of the parties' child is granted to the Defendant. It is further denied that Plaintiff is a fit parent who can best take care of the child. To the contrary, Plaintiff is not a fit parent and has repeatedly neglected the care of the child. It is further denied that the -5- .. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-7177 CIVIL TERM PROTECTION FROM ABUSE : AND CUSTODY SHALON L. GHEEN, Plaintiff RANDI-BRUCE THIC~EY, Defendant IN RE: CUSTODY AGREEMENT ORDER OF COURT AND NOW, this 30th day of December, following a partial hearing on the Plaintiff's Petition for Protection from Abuse and custody in the above-captioned matter, and pursuant to an agreement reached in open court among the parties and their counsel, it is ordered and directed as follows: 1. The parties shall have shared legal custody of Slade Thickey, and shared physical custody alternating weekly between them, with the mother, Shalon L. Gheen, having custody beginning 9:00 a.m. sunday, January 1, 1995, to the following Sunday at 9:00 a.m., and every other week thereafter. 2. During each party's period of physical custody, there shall be an adult over the age of 21 with Slade Thickey at all times. The petition of the mother for protection from abuse only is withdrawn without prejudice. 3. The father, Randi-Bruce Thickey, shall provide delivery and pick-up of the parties' child to mother beginning at her period of custody. 1 Ln { <n "- -, . 1 ... ;; '." ".1 ~ ':J '.,'1 J '" ., --.-. . , '- C') rr: "" ,-- . UJS Ll , F: , .:.... f r1 ~~. ... 6' t-. lLI" I a:! '- , :. (: I L. ..L,. l.t_ r.'; .J U c." '..J .. . IN....nffll-111! .Iacqueline M. VerncJ IFe, ~ R 199P r::U:D C',~r;~r: O~ " ,: "- ',' .." ::)T/.'i'( SiJ [;-r, 21 f'd:1: I Q C'l.!' " " -: '\1;" 1,,_,., .. '"',' '. '-,..}, " r Fb"J>~S\r L\.I,:~ f';':\ /;),J/.91 dt!. ~~;~ -: la cJ/tJf '7!~ M~ ~ t /.)bJ;.t;{ ~ ,~/ ~ .i , I ;. f. t 1 i II , if It : I " ..... C' I >- cr' ,'" ,.. .1.: ~~ ,\0, U1" ..' (\ . ., Il-.t UO ~J) i - , r-' 6 I ," I fit:. '- I' G c ; II. c: C) U U' . . lAW orr 1(( nF Ut:.t. - lj 1~98,r' ..j\ '\ .Jacqueline M. Verney -- .-... SIIALCN L. QIEElI:, Plaintiff IN TIlE CXlURT OF' CXHlCtl PLEAS OF CUl'IIlERLAND CXXNry, PP:lNSYLVANIA 94-7177 CIVIL TERM VB. RANDI -BRUCE TIlICXEl/', Defendant PROl'EX:TIOO f1lQl AIlWe : AND CUS'roOY C&lIlR a1' <nRr AND 1Qf, this Ib day of ~ consideration of the attached Custody Conciliation Report, ordered and dil:scted as follOlis: , 1995, upon it is her.eby .., 1. The prior Order of this ~ dated Decerrber 30, 1994 is vacated. 2. The Hother, Shalon L. Gheen and t:le Father, Randi-Bruce 'Itlickey, llhall have shared legal custody of the Chile. 3. The Father shall have primary plJlsical custodf of the Child. 4. The Hother shall er.joy physical custody vI the Child every Wednesday and Saturday at times to be arranged by II1IlLlIal .ag'"""'"'ent of the parties. 5. During each plIrty's period of physical custody, tllere shall be an adult over tl.e age of 21 with Sll.'de Thickey il~ all times. 6. The Father shall be responsible to provide all trc:nsportation for the exchange of custody of thG Child. . 7. The parties shall review tnese custody arrangements When the I10ther haa obtained living llCCOlIIodt.tions IIwL"I"date for overnight physical custody of the Child. If the parties are unable to agree as to an ellpal\Bion of the Hother's periods of iilysical custody at that time, either per:.y may Petition the Cnurt tn !la.:" !"~,i" case il-;raln sr.:heduled !dth th'9 :.a_-""""",,,,, ""'-,~. :1/ t cc: Shalon L. Qleen Joan C'.arey, Esquire Philip H. Spare, Esguire J. t\,......:.~. ,.,... o..l. .3/ f'lNs. -q-- ...2o.f. . TRUE COpy FROM RECOA~1d wMfeol I here unto lei rrtf 'nTestimony saId.r~~~r1lsle. PI, and the S8II of '19.12- r his .,;).;).... day . v),;;2 . l.U4..".,. Y V".,., [" ",L\ 'I " . '" , I. . .__.... ~~~ il"~ ~ H _, ll"l .... +J ~~ i~~ ~~ P<61 .... ~~ :: ioI ~- _ 19:>t .... j" :; I < +J . '" - ~.. ~~~~i c . ~I ' ~ ' ~ i~ gl H.... r.r'lfi . :ll ~21 ~ r~'d i I .; ~ ~ ,- ~;~~ i :::: :: ~ . S r:;l<fo >'l_ H .... ~ ~ ~ I H ~ ~ . ' JAN 2 2 .199\), ~~~ 8 ~~ ~ H _, m ~~~I .... .... ~~ ~-ijg~ .... ~~ ~ui5>< .... ... a I 1.1)-< .... ~5i 'II 'II, - a" ~~~~~ C . II .. .i; . ~.... ~ loi 'Ii ~ :ll ff i~ H..... ~2l - ' - -g " _ j L 5iU ~ .!l.lj ~ a ;3 "<If. '" ~ . g!l r:i, " ~ H :ll ~ ~~~ H ~ , .. APR O. 7 J999':) ~<:1OO9'I.J . SHALON I. GHEEN, Plaintiff IN THE COURT OF c:xx'IMOO PLEAS OF CUMBERLAND CXXJNTi', PENNSYLVANIA vs. NO. 94-7177 CIVIL TERM RANDI-BRUCE THICKEY, Defendant CIVIL ACTION - LAW CUSTODY alDER OFaxm J\ND ocw, this qtJ,.... day of ;.lh' f' .... , 1999, upon consideration of the attached CUstody conca~:;;on Report, it is ordered and directed as follows: 1. The prior order of this COurt, dated January 22, 1999 is vacated and replaced wi th this order. 2. The Mother, Shalon L. Gheen, and the Father, Randi-Bruce Thickey, shall have shared legal custody of Slade Thickey, born April 7, 1994. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child, begiMing April 5, 1999, every week from Monday at 6:00 p.m. through Tuesday at 5:00 p.m. 5. The Mother shall have partial physical custody of the Child, begiMing April 25, 1999, every week from sunday at 9:00 a.m. through Tuesday at 5:00 p.m. In the event the Mother is not able to make arrangements with her employer to enable the Mother to have custody of the Child on sundays, the Mother's periods of custody shall be from Monday at 7:00 a.m. until Wednesday at 6:00 p.m. every week, begiMing April 26, 1999. 6. The parties shall cooperate in making any necessary adjustments to the partial custody schedule which would be in the Child's best interest as he adjusts to the overnight periods of partial custody. 7. The Mother shall cooperate in undergoing a general psychiatric evaluation to be performed at the Father's request and at the Father's expense. The parties agree the evaluation shall be completed during the three week period in which the Mother has the one overnight period of custody each week. 8. The parties shall share or alternate having custody of the Child on holidays as follows: A. alRIS'DWl: The Christmas holiday shall be divided into Segment A, which shall run fran Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run fran Christmas Day at 12:00 noon through Oecent>er 26 at 12:00 noon. The Mother shall have custody of the Child during segment A in odd nuntlered years and during Se<JIl1&nt B in even nuntlered years. The Father shall have custody of the Child during segment A in even numbered years and during Segment B in odd numbered years. 8. 1!'.AS'l'm{: Beginning in the year 2000, the Father shall have custody of the Child every year on Easter sunday until 3:00 p.m. and the Mother shall have custody of the Child on Easter Sunday fran 3:00 p.m. until the end of her regular period of custody. C. 'l'HANKSGIVING: The parties shall alternate having custody of the Child on Thanksgiving Day fran 9:00 a.m. until 6:00 p.m. The Mother shall have custody of the Child on Thanksgiving in even nuntlered years and the Father shall have custody of the Child on Thanksgiving in cdd nuntlered years. D. Mr!JlCIUAL DI\Y/I.AIlCR Dl\Y: The Father shall have custody of the O1ild every year on Memorial Day from 9:00 a.m. until 6:00 p.m. and the Mother shall have custody of the Child every year on Labor Day from 9:00 a.m. until 6:00 p.m. , , ~, ' j I' E. JULY 4th: The parties shall alternate having custody of the Child over the July 4th holiday fran 9:00 a.m. on July 4th through 8:00 a.m. on July 5th. The Father shall have custody of the Child over the July 4th holiday in odd numbered years and the Mother shall have custody of the Child over the July 4th holiday in even nunbered years. F. 1'VJ.'ImK'S DI\Y/pATIIER'S DAY: The Mother shall have custody of the Child every year on Mother's Day fran 9:00 a.m. until 6:00 p.m. and the Father shall have custody of the Child every year on Father's Day fran 9:00 a.m. unLil 6:00 p.m. G. TIlE ~'S BJRl'HDI\Y: In every year, the non-custodial parent shall have custody of the Child on his birthday for a two hour period with the times to be arranged by agreement of the parties. 9. Each party shall be entitled to have custody of the Child for an uninterrupted one week period during each summer upon providing thirty days advance written notice to the other party. 10. The parties shall exchange custody of the Child at the Getty station Uni-Mart on Route 11 in Carlisle unless otherwise agreed by the parties. 11. This order is entered pursuant to an agreement of the parties at a iT. tr. ~ .. .., . . .... a, ..1",,{. r' li.1 :,: t. ') ~'-.; (:J';, ~ () :;-' r-I, j ~ I.);~ .. " ~~~.: en ' () CI, I '}-.' tlf'~ Cr;: ijid1 il:~i; n. "'10_ f"C "'" :3 lJ,. m 0 en (,)