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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96- ,I..,,:, CIVIL TERM
PROTECTION FROM ABUSE
BARBARA C, BULLINGTON/
plaintitt
JERRY A, BIRT, JR.,
Defendant
~BHPORARY PROTBCTIOM ORDBR
,,. )
,
AND NOW, this J') day of July, 1996, upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff, BARBARA C, BULLINGTON, now residing at 20 B. S,
Washington street, Shippensburg, cumberland county, Pennsylvania,
is in immediate and present danger of abuse from the defendant,
JERRY A. BIR'f, JR" the following Temporary Order is entered.
The defendant, JERRY A, BIRT, JR" SSNIUNKNOWN and
DOB:9/1B/69, whose permanent address is 16 Bnola Road, Newburg,
but who is currently incarcerated in the Franklin county Prison,
Pennsylvania, is hereby enjoined from physically abusing the
plaintiff, BARBARA C. BULLINGTON, or placing her in fear of
abuse,
The defendant is ordered to stay away from the plaintiff's
residence located at 20 B. S. Washington street, Shippensburg,
Cumberland County, Pennsylvania, a residence which is leased
solely by the plaintiff.
The defendant is ordered to refrain from having any direct
or indirect contact with the plaintiff inCluding, hut not limited
to, telephone and written communications, except for the limited
purpose of facilitating 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,
The defendant is enjoined from removing, damaging,
destroying or selling any property owned by the plaintiff,
A violation of this order may subject the defendant tOI i)
arrest under 23 Pa. C.8. 56113; ii) a private criminal oomplaint
under 23 Pa. C.8. 56113.1; iii) a oharge of indireot oriminal
oontempt under 23 Pa. C.8. 56114, punishable by impri.onment up
to six months and a fine of $100,00-$1,000.00; and iv) oivil
oontempt under 23 Pa. C.S. 56114.1, Reeumption of co-residenoe
on the part of the plaintiff and defendant shall not nullify the
provisions of the oourt order.
This Order shall remain in effect until modified or
terminated by the Court after notice or hearing and can be
extended beyond its original expiration date 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.
A hearing shall be held on this matter on the _JJ~ day of
July, 1996, at
'I IV
am., in Courtroom
I
Carlisle, Pennsylvania.
No.~, Cumberland
County Courthouse,
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing,
The Cumberland county Sheriff'a Department ahall attempt to
make .ervice at the plaintiff'a request and without pre-payment
of fee., but .ervice may be accomplished under any applicable
rule of civil Procedure,
This order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service, The
Prothonotary shall not send a copy of this Order to the defendant
by mai L
The Mid-Cumberland Valley Regional Police Department shall
be provided with certified copies of this Order by the
plaintitf/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 Pa. C,g, S
6113) .
Judge
BARBARA C, BULLINGTON, I IN THE COURT OF COMMON PLEAS OF
Plaintitt I
I CUMBERLAND COUNTY, PENNSYLVANIA
v, I
I NO. 96- CIVIL TERM
JERRY A. BIRT, JR., I
Defendant I PROTECTION FROM ABUSE
I
NOTI C II
You have been sued in court. If you wish to defend against
the claims Bet 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 war'ned 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,
lJ.H AND g.Q.U.i
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 Ihould take this paper to your lawyer at onoe. If you
do not hava a lawyer or cannot afford one, go to or telephone the
offioe .et forth below to find out where you oan get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLB, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT or 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 disabled individuals having business
before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business
before the court,
BARBARA C. BULLINGTON, I IN THE COURT OF COMMON PLEAS OF
plaintiff I
I CUMBERLAND COUNTY, PENNSYLVANIA
v. I
I NO. 96- 'lr>,.)_CIVIL TERM
JERRY A, BIRT, JR" I
Defendant I PROTECTION FROM ABUSE
I
PITITIOH 'OR PROTIOTIOK ORDIR
RILII' UKDIR THI PROTICTION rROM ABUBI
ACT, 23 P.B. S '101 .t ..q.
A. ABUBII
1. The plaintiff, BARBARA c. BULLINGTON, is an adult
individual residing at 20 B. S, Washington street, Shippensburg,
Cumberland County, Pennsylvania 17257.
2, The defendant, JERRY A. BIRT, JR., SSNIUNKNOWN and
DOB:9/18/69, is an adult individual currently incarcerated in the
Franklin county prison, Pennsylvania, and whose permanent
residence is 16 Enola Road, Newburg, Pennsylvania.
3. The defendant is the plaintiff's former intimate
partner.
4. Since approximately May 1996, the defendant has
attempted to cause and has intentionally, knowingly, or
recklessly caused bodily injury to the plaintiff, 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 under circumstances which
have 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 June 18, 1996, the defendant came to
the plaintiff's residence and knocked on the door for
approximately 1/2 hour, yelling to get in. The
plaintiff refused because she feared for her safety.
b, On or about June 10, 1996, the defendant came to
the plaintiff'S residence and when the plaintiff tried
to leave the porch to go inside her home, the defendant
came at the plaintiff and put his arms up so that the
plaintiff could not move from the door, The plaintiff,
fearing for her safety, called to her son who was
inside the house. The defendant punched the plaintiff
in the head, knocking her head into the screen door,
When the plaintiff shouted to her son to call the
pOlice, the defendant ran down the stairs and left.
The defendant was arrested several days later for
simple assault, harassment, and defiant trespass,
c. In or around May 1996, the defendant raised his
hand as if to hit the plaintiff and threatened that he
would hit her causing the plaintiff to fear for her
safety,
5. The plaintiff believes and there~ore 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.
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
communioations,
7, The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
B. The plaintiff desires that the defendant be restrained
from entering her place of employment.
9. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
by the plaintiff.
B. IXCLUSIVI r08SB8SION
10. The home from which the plaintiff is asking the Court
to exclude the defendant is rented in the name of the plaintiff.
C. RIIMBUR81MINT rOR C08T or CASI
11. The plaintiff asks that the defendant be ordered to pay
$250.00 to reimburse one of Legal services, Inc,'s funding
sources for the cost of litigating this case.
WHBREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 P.S, S 6101 n W!Sl., as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the
"proteotion from Abuse Act:"
1. ordering the defendant to refrain from
abuainq the plaintiff or placing her in fear of
abun,
2. ordering the defendant to refr~in from having
any direct or indirect contact with the plaintiff
including, but not limited tOr telephone and
written communications,
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives,
4. prohibiting the defendant from entering the
plaintiff's place of employment,
5, Prohibiting the defendant from removing,
damaging, destroying or selling property owned by
the plaintiff,
6. Ordering the defendant to stay away from the
plaintiff's residence located at 20 B S,
Washington streett Shippensburg, Cumberland
county, Pennsylvania,
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future
establish for her$elf,
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 detendant to retrain trom
abusing the plaintitt or plaoing her in tear ot
,
abuse,
2, Ordering the defendant to refrain from having
any direot or indireot contact with the plaintitt
inoluding, but not limited to, telephone and
written communications, except to facilitate
oustody arrangements.
3. ordering the defendant to refrain from
haras~ing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4, Prohibiting the defendant from entering the
plaintiff's place of employment.
S, Prohibiting the defendant from removing,
damaging, destroying or selling property owned by
the plaintiff.
6. ordering the defendant to stay away from the
plaintiff's residence located at 20 B S,
Washington street, Shippensburg, Cumberland
County, Pennsylvania.
7, Ordering the defendant to stay away from any
residence the plaintiff may in the future
establish tor herself,
8, Ordering the defendant to pay $250.00 to
reimburse one ot Legal Services, Inc,'s funding
sources tor the cost of litigating this case.
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