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HomeMy WebLinkAbout95-02060 ,~ ';"'J"'~' ,........ ' , <,"'-. .-; ','" ).- ,.', iJ '~~ '0 .~ r j 1 I ' 0 " R I i I i i i _,0-.' . .. ~, ~ 'I (' r ,......it.t_. L-'f1-U.1 !'t~""'''' t.1 ..... ~"'~ tt.y .t'."ti. j ;L~JJf ..Jl~~' '/' 1" q~' 'hl#J.l-d C"I"f I., Lrt. art., '- \1 ....... > \ . .~ .... ---- .--- ..-:'--- ...........:.-- DAWN M. DANLEY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- ;)O(;(J CIVIL TERM PROTECTION FROM ABUSE RONALD L. DANLEY, Defendant TIHPORARY PROTICTION ORDIR AND NOW, this ...~ / Ilf day of April, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, DAWN M. DANLEY, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, RONALD L. DANLEY, the following Temporary Order is entered. The defendant, RONALD L. DANLEY, SSN: 192-56-5600 and DOB: 10/28/69, now residing at Scotch Pine Road, Dillsburg, York county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, DAWN H. DANLEY, or placing her in fear of abuse. The defendant is excluded from the any residence the plaintiff has now or may move to in the future. 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 to facilitate custOdy arrangements. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment. A violation of thi. Order .ay .ubjeot the defendant tal i) arreat under 23 Pa. C.S. 56113; ii) M private cri.inal complaint under 23 pa. C.S. 56113.1; iii) a charqe of indirect criminal cont..pt under 23 pa. C.S. 56114, puniahable by impriaonaent up to a1. aontha and a fine of '100.00-'1,000.00; and iv) civil cont..pt under 23 Pa. C.S. 56114.1. Reauaption of co-reaidenee on the part of the plaintiff and defendant ahall not nullify the prov1.iona of the court order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and, can be extended beyond that time, if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of SHELBY DANLEY, is hereby awarded to the plaintiff, DAWN DANLEY. This Order shall remain in effect until modified or terminated by the court after notice or hearing. A hearing shall 'I, r Ii be held on this matter on the "w day of April, 1995, at .::;:; 3(\ , I.m., in Courtroom No. 1,1, Cumberland county f - Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff'S Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the DAWN M. DANLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM HONALD L. DANLEY, Defendant PROTECTION FROM ABUSE NOT I C B You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and 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 Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. rlls AND COSTS If the case goes to hearing and the judge grants a protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You .hould take thia paper to your lawyer at once. If you do not have a lawyer or cannot afford one, qo to or telephone the office eet forth below to find out where you can qet leqal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 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 accommodations available to disahled individuals having business before the court, ploase contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-,;100>0 CIVIL TERM DAWN M. DANLEY, Plaintiff RONALD L. DANLEY, Defendant PROTECTION FROM ABUSE PITITION rOR PROTECTION ORDER AND CUSTODY RILI.r UNDER TH. PROTICTION rRON ABUS. ACT, 23 P.S. S 6101 et .eq. A. UUS. 1. The plaintiff, DAWN M. DANLEY, is an adult individual who is currently residing at an undisclosed location. 2. The defendant, RONALD L. DANLEY, SSN: 192-56-5600 and DOB: 10/28/69, is an adult individual residing at Scotch pine Road, Dillsburg, York County, Pennsylvania. 3. The defendant is the husband of the plaintiff. 4. Since approximately 1989, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, or has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff including following the plaintiff without proper authorization, under circumstances which has placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about March 28, 1995, when the plaintiff looked outside her window after hearing noises, she saw the defendant lurking outside her mobile home. This caused her to fear for her safety since the defendant had been arrested on March 25, 1995, for harassment of the plaintiff, and in spite of the condition of bail that he was to have no contact with the plaintiff, he was at her home. b. On or about March 25, 1995, after being released from prison a few days earlier for violence toward the plaintiff, the defendant telephoned the plaintiff at 2:00 a.m. Approximately two hours later, the plaintiff looked up to see the defendant standing in her hallway. The defendant came into the plaintiff's residence and fearing for her safety, the plaintiff hid under the table. The defendant came toward the plaintiff and one of the plaintiff's friends telephoned the police. The defendant hung up the phone twice to stop them from calling the police. The defendant left before the state Police arrived. The defendant, as condition of his bail, was to have no contact with the plaintiff. The police arrested the defendant for criminal trespass and assault to the plaintiff's friends and the defendant was placed in the Cumberland County Prison. c. On or about March 18, 1995, the defendant sat in his car at the entrance to the plaintiff's mobile home park causing the plaintiff to fear for her safety. When the plaintiff left the mobile home park and went to a tavern, the defendant followed her, came into the establishment demanding that she talk to him. During their conversation, the defendant threatened suicide causing the plaintiff to fear and return to her home. within approximatelY fifteen minutes, the defendant came to her door. The plaintiff and her brother answered the door and heard the defendant clicking something in his hand several times. When they realized the defendant had a gun, they closed the door and called the police. The defendant left before the police arrived but was later arrested for possession of a firearm without a license and placed in the York county Prison. d. On or about November 24, 1994, the defendant pushed the plaintiff to the floor, pinned her by sitting on her, and slapped her across the face. The plaintiff left the defendant on approximately December 7, 1994, and since then she and her daughter have been residing in a separate residence. e. Prior to November 1994, the defendant abused the plaintiff in ways includin~, but not limited to, the following: threatening to kill, throwing objects, shoving, grabbing, Slapping, punching, kiCking, biting, pulling hair, and hitting the plaintiff with drumsticks. In the past, the defendant has kicked the plaintiff in the ribs causing her to be hospitalized for 3 broken ribs. The defendant has also cut the plaintiff's hair while she was sleeping. On another occassion, the defendant pinned the plaintiff on the floor and bit her several times in the breasts, causing bruises and pain. 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 7. 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 to facilitate custOdy arrangements. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 9. The plaintiff desires that the defendant be restrained from entering her place of employment. B. ATTORMIY I'IIS 10. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. C. TIHPORARY CUSTODY 11. The plaintiff seeks temporary custody of the following child: I!IU pre..nt R..idenc. ~ SHELBY DANLEY 15 York Circle Mechanicsburg, PA 5 yrs. The child was born out of wedlock. The child is presently in the plaintiff's custody but residing temporarily with Helen & John MCQuaide, the child's maternal great grandparents, at 15 York Circle, Mechanicsburg. During the past five years, the child has resided with the following persons and at the following addresses: IIIU plaintiff Addr..... York Street Mechanicsburg, PA 15 York Circle Mechanicsburg, PA Dat.. 4/27/89 - 8/1/89 plaintiff & Helen & John McQuaide (plaintiff's grandparents) 8/1/89 - 7/1/91 plaintiff & 28 Lamont Avenue 7/1/91 - 1/15/94 defendant Mechanicsburg, PA plaintiff & 508 Berkshire Lane 1/15/94 - 12/7/94 defendant Mechanicsburg, PA Helen & John 15 York Circle 12/7/94 - 1/10/95 McQuaide Mechanicsburg, PA plaintiff 1550 Williams Grove Rd. 1/10/95 - 4/10/95 Mechanicsburg, PA Helen & John 15 York circle 4/10/95 - present McQuaide Mechanicsburg, PA The mother of the child is DAWN DANLEY, currently residing at an undisclosed location. She is married. The father of the child is RONALD DANLEY, currently residing at Scotch Pine Road, Dillsburg, York County, Pennsylvania. He is married. The defendant currently resides with the following persons: IIIU CINDY DANLEY ALISSA DANLEY LON DANLEY JANE DANLEY TANNER DANLEY Relation.biD sister-in-law neice brother mother nephew 12. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 13. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 14. 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. 15. The best interests and permanent welfare of the minor 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 minor child. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. S 6101 gt sea., as amended, the plaintiff prays this Honorable Court to grant the followi~g relief: A. Grant a Temporary Order pursuant to the "Protection 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 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 relatives; 4. prohibiting the defendant from entering the plaintiff'S place of employment; 5. ordering the defendant to stay away from the plaintiff'S residence located at 1550 Williams Grove Road, Mechanicsburg, Cumberland County, Pennsylvania, which the parties have never shared; 6. ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 7. Granting temporary custody of the minor child 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 relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5. Ordering the defendant to stay away from the plaintiff's residence located at 1550 Williams Grove Road, Mechanicsburg, Cumberland county, Pennsylvania, which the parties have never shared. 6. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 7. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without pre-payment of fees by the plaintiff, and that certified copies of this Petition and Order be delivered to the Pennsylvania State and Mechanicsburg Police Departments who have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and contacting or communicating with Dawn Danley except to facilitate custody arrangements. See Exhibit A attached hereto. 5. On April 27, 1995, this Court entered a Continuance Order of the orig~nal Temporary Proteotion Order in order to afford the parties time to execute a Consent Agreement. See Exhibit B attaqhed hereto. 6. On or about May 2, 1995, Petitioner signed a Consent Agreement and through counsel served it upon Respondent's attorney of record, Joan Carey, Esquire, of Legal Services, Carlisle. See Exhibit C attached hereto. 7. On May 4, 1995, Petitioner, for the first time, learned from the Respondent's grandparents, Helen and John McQuaide, that the mother of the child, Dawn Danley, had left the Commonwealth on April 23, 1995, four days prior to the entry of the Continuance Order, and d~d not provide a forwarding address, telephone number, or paint of contact with any family members, friends or legal counsel. B. The minor child, Shelby Danley, is presently residing with Respondent's grandparents, Helen and John MCQuaide, at l5 York Cirole, Mechanicsburg. The best interest and permanent welfare of .._._';'0....-__ .....'...___..:r.._____o., ....~ .._...__ _. ....... ..-----....-......- .... , , , ,'.. " DAWN M. DANLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM RONALD L. DANLEY, Defendant PROTECTION FROM ABUSE AND CUSTODY CONSENT ~GREEMENT This Agreement is entered on this day of April, 1995, by the plaintiff, DAWN M. DANLEY, and the defendant, RONALD L. DANLEY. The plaintiff is represented by Joan carey of LEGAL SERVICES, INC.; the defendant is represented by Timothy Keating of costopoulos, Foster & Fields. The parties agree that the following may be entered as an Order of Court. 1. The defendant, RONALD L. DANLEY, agrees to refrain from abusing the plaintiff, DAWN H. DANLEY, 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 harass and stalk the plaintiff and harass the plaintiff's relatives. 4. The defendant agrees not to enter the plaintiff's place of employment. 5. The defendant agrees to stay away from any residence the plaintiff has now or may establish for herself in the future, except for the limited purpose of transferring custody. EXHIBIT A .-.;.~......- ~.~-l. ....~:.:-.;......___..._.__~..... . , ,". '\ 6. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself,/except for the limited purpose of transforring custody during which times the defendant shall remain in his vehicle. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the protection Order entered in this matter shall be in effect for a period of one year or until modified or terminated by the Court after notice or hearing and can be extended beyond that time, if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 9. 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. 10. The defendant and the plaintiff agree that the matter of custody is referred to conciliation immediately, but pending ,. conciliation, the plaintiff, Dawn Danley, has temporary physical custody of the child, Shelby Danley, subject to partial custody in the defendant at times to be mutually agreed upon by the .-~ ...,. . -. .' DAWN M. DANLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. . . NO. 95- ~OI':OCIVIL TERM PROTECTION FROM ABUSE RONALD L. DANLEY, Defendant . . AND NOW, this TEMPORARY PROTECTION ORDER ~ ~ay of April, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, DAWN M. DANLEY, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, RONALD L. DANLEY, the following Temporary Order is entered. The defendant, RONALD L. DANLEY, SSN: 192-56-5600 and DOB: 10/28/69, now residinq at Scotch Pine Road, Dillsburq, York county, Pennsylvania, is hereby enjoined from physicallY abusing the plaintiff, DAWN M. DANLEY, or placing her in fear of abuse. The defendant is excluded from the any residence the plaintiff has now or may move to in the future. The defendant is ordered to refrain from havinq any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements. The defendant is enjoined from harassing and stalkinq the plaintiff and from harassing the plaintiff'S relatives. The defendant is enjoined from entering the plaintiff'S place of employment. A violation of this Order may subject the defendant to: i) EXHIBIT r . ' Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Pennsylvania state and Mechanicsburg police Departments 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. (23 P.S. 5 6113) . By the Court, If if(~ A. '/LL~d , Judge TRUE COpy FROM RECORD In Test1mOl)Y whOl'ool, I here unto set lJlY hand C!/ld the scal 01 said Court at Carlisle. Pi. ihl!l <9~s:"'c..da~ ~~~ 1~~ = , Prothonotary '. .. '"