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Home My WebLink About00-01139 . " Cindy Barton, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO. 00- /139 CIVIL TERM Dallas Barton, Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. ..-< . . AHEARlNGONTRISMATIERISSCHEDU~~DON rio/,fA 9 ~AT ,;L. .3 C ,,o.M., IN COURTROOM NO. 7 0" F TH, E CUMBERLAND , , ' COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. " , You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to sixmonthsinjail under 23 Pa.C.S. {)6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U, S. C, {) 2265, this Order is enforceable anywhere in the United States, tribal lands, U. S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U,S.C, {) 2261-2262. _u You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for yon. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to tInd out where you can get legal help. If you cannot f'md a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 170 I 3 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 - - - --- . --- = _ , ........ '" 0 '" ;r '~__I r ~ ' - - ._- , The Court of Common Pleas of Cumberland County is required by lawto comply with the Americans with Disabilities Act of I 990, For information about accessible facilities and reasonable accommodations available to disabled il:ldividuals 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. You must attend the scheduled conference or hearing. Cindy Barton, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO, 00- CIVIL TERM Dallas Barton, Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Dallas Barton Defendant's Date of Birth: 2/24/52 Defendant's Social Security Number: 238-90-6003 Names of the Protected Person: Cindy L. Barton ;U"",tWJ AND NOW, this Z!i day ofMal~h 2000, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: lli> 1. Defendant shall not abuse, harass, stalk or threaten any ofthe above person in any place where they might be found. lli> 2. Defendant is evicted and excluded from the residence at 176 W olfsbridge Road, Carlisle, Pennsylvania or any other permanent or temporary residence where Plaintiff may live. Pllaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. lli> 3. Except for such contact with the minor children, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiffs school. business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration ofthis Order: Plaintiff's residence located at 176 Wolfsbrige Road, Carlisle, Pennsylvania and Plaintiff's place of employment located at Hershey Foods, 19 East Chocolate Avenue, Hershey, Pennsylvania. lli> 4, Except for such contact with the minor children, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. , D 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the childlren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the childlren are placed in the care and control of Plaintiff in accordance with the terms of this Order. D 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: D:ffrdrt is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Orner. ' [20 7. The following additional reliefis granted: The Cumberland County Sheriff's Department shall attempt to make service at 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 ofthe Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or minor child/ren. Defendant is enjoined from damaging or destroying any property ownedjointIy by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. [20 8. A certified copy ofthis Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Middlesex Township Police and Derry Township Police Departments. D 9. THIS ORDER SUPERSEDES " o ANY PRIOR PFA ORDER and o ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDER APPLIES IMMEDIATEL YTO DEFENDANT AND SHALL REMAIN IN EFlFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa. C.S. ~61l4. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa,C.S. !l6l13. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any locations where a violation of this order occurs OR where the defendant may be located. lf defendant violates Paragraphs 1 through 6 of this Order, defendant may be arrested on the charge ofIndirect Criminal Contempt. An arrest for violatiOl1 of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, 'l lid '. Cindy Barton, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00- //39 CIVIL TERM Dallas Barton, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. The Plaintiff is Cindy Lou Barton. 2. The names of the person who seeks protection from abuse is Cindy Lou Barton. 3. Plaintiff's address is 176 Wolfs Bridge Road, Carlisle, Pennsylvania. 4, Defendant is at an unknown location. Defendant's Social Security Number is 238090-6003. Defendant's date of birth is February 24, 1952 Defendant's place of employment is unknown. 5, Defendant is Plaintiff's spouse. 6. Defendant has been involved in the following criminal court action: Defendant has been arrested for disorderly conduct in the past and simple assault relating to the incident occuning on February 20, 2000 described below. 7. The facts of the most recent incident of abuse are as follows: On or about February 20, 2000, Defendant grabbed PJaintiffby the wrists and pulled her back to the bedroom. Defendant pushed Plaintiff into an ironing board and across a table at the end of the bed causing Plaintiff to land on the bed. Defendant pulled down Plaintiff's jeans, pulled down her panties, and ripped her bra off of her. Defendant repeatedly stabbed Plaintiff in the thigh with a vibrator while he restrained her on the bed. Defendant forcefully slapped Plaintiff on the buttocks and bit her on the leg causing teeth marks. Defendant picked up a piece of rope from beside the bed and hit Plaintiff several times on her leg and buttocks, Defendant shoved the vibrator into Plaintiff's mouth , causing the batteries to fall out. Then, Defendant threw the batteries at her. When the Plaintiff attempted to call 91 1, Defendant ripped the phone cord out of the wall and asked Plaintiff" Do you ]mow what I'm going to do with this?" This question caused Plaintiff to fear for her life. The police called back to the residence and talked to Plaintiffuntil they arrived at the residence. Defendant was arrested for Simple Assault. Plaintiff suffered from soreness and bruising. 8, Defendant has committed the following prior acts of abuse against Plaintiff: a) In or about March 1998, Defendant grabbed Plaintiffby the arms, and the back of the neck, and shoved her face into the carpet. Defendant destroyed the cordless phone when Plaintiff attempted to call the police, The Plaintiff was sore for a few days. b) Over the past several years, Defendant has abused Plaintiff in ways including the following: pushed her, grabbed her, twisted her arms, and choked her. On one occasion, Defendant slapped Plaintiff several times on the buttocks with a belt causing Plaintiff to suffer soreness, 9. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Middlesex Township police and Derry Township police. 10. There is an immediate and present danger of further abuse from Defendant. II. Plaintiff is asking the Court to evict and exclude Defendant from the residence which is owned by Plaintiff and Defendant. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiffin any place where Plaintiff may be found. B. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or pennanent residence of the Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiff's residence or place of employment. E. Prohibit Defendant from having any contact with Plaintiffs relatives. ~ F. Order Defendant to pay the costs ofthis action, including filing and service fees. G, Order Defendant to reimburse Cumberland County, a Legal Services funding source, $250,00 for the value of the legal services provided to Plaintiff for the cost of litigating this case ifthe case goes to hearing, H. Order the following additional relief, not listed above: The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. The Defendant is to refrain from harassing Plaintiff's relatives. 1. Grant such other relief as the court deems appropriate. J, Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served, Plaintiff prays for such other relief as may be just and proper. Date: ;<'/:11/ {)O I I R~~~ Andrea Levy, "they for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 . ~ VERIFICATION. I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: 2. ::l.'i-Oc) cin~n,~:t1W~ r '0 ~~i~ I;. ~\, '-' \, \? '" ~ 't.. r, r-::: ;.... ......, ~: -,? .-.; r..:) ',~ '.0 ::":1 -- ~{::; 5~ s: J~,;.. ~':,~-.; ::"k;:/:_~ ::.:~ ....;::. ,...., '.,; ...~:- '/D i". -) ~, -- ~'.'.-:. -~.;,:) . ",", ~~;~ ::.'7 " \1 ''''-' Cindy Barton, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-1139 CIVIL TERM Dallas Barton, Defendant : PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: Dallas Barton Defendant's Date of Birth: 2/24/52 Defendant's Social Security Number: 238-90-6003 N ames of Protected Person: Cindy Barton AND NOW, this q - day of March 2000, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: The Plaintiff, Cindy Barton, is represented by Joan Carey of Legal Services, Inc.; the Defendant, Dallas Barton, is represented by Tom Flower, Attorney at Law of Flower, Flower, and Lindsay, The Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition, [2S) Plaintiffs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant o _ Plaintiffs request for a Pinal Protection Order is denied [2S) 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. " RLED-Oi'P.8E OF THE PROTHONOTARY 00 MI'IR -9 Prl 2: 3Ll CUiv1BERLAi~D COUNTY PENNSYlVANlA ~~ ~ ~ Fatul~ PSP 3 -It) -00 RK3 ~ 2. Defendant is completely evicted and excluded from the residence at 176 Wolf's Bridge Road, Carlisle, Pennsylvania or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. ~ 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiff's residence or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration ofthis Order: Plaintiff's place of employment located at Hershey Foods located at 19 East Chocolate Avenue, Hershey, Pennsylvania. ~ 4. Except for phone calls to arrange visitation with the minor children and/or to resolve any mutual f'mancial matters, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. o 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] ( or see attached Custody Order) o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Shenff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: _ o 7. Defendant is prohioited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. ~ 8. The following additional relief is granted as authorized by ~6I08 ofthis Act: This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court f'mds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. The Defendant is to refrain from harassing Plaintiff's relatives. Defendant shall have the right to enter the residence at 176 Wolf's Bridge Road, Carlisle, Pennsylvania, at times prearranged and agreed upon by the Plaintiff and Defendant for the purpose of retrieving items Defendant requires for his business. All costs and fees are waived. o 9. Defendant is directed to pay temporary support for (insert the names of the persons for whom support is to be paid) _ as follows: (insert amount, frequency and other terms and conditions of the support order) . ThisOrder for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party, o 10. The costs ofthis action are waived as to Plaintiff and imposed on. Defendant. o II. Defendant shall pay $_ to Plaintiffas compensation for Plaintiff's out.of-pocket losses, which are as follows: OR o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to (insert the name of the judge or court to which the petition should be presented) requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition, o 12. BRADY INDICATOR o I. The Plaintiff or protected personls is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. o 2. This Orderis being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard, o 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected personls, > . o 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. IX> 13. Tms ORDER SUPERCEDES: IX> ' ANY PRIOR PFA ORDER and o ANY PRlOR ORDER RELATING TO CHILD CUSTODY. IX> 14. entered. All provisions of this Order shall expire one year from the date this Order is NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRlMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 96114. VIOLATIONMA Y ALSO SUBJECT YOU TO PROSECUTION AND CRlMINALPENALTIES UNDER THE PENNSYLVANIA CRlMES CODE. THIS ORDER IS ENFORCBABLE IN ALL FIFTY (50) STATES, THE DISTRlCT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORlES, AND THE COMMONWEALTH OF PUERTO RlCO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 92265. IFYOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.s.C. 992261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER :rHE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.c. S922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS _ T- ~ ._~_ _ ~_ ~____ The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs I through 8 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 96113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriffs Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date ofthe hearing. BY THE COURT, Date: This Order is entered pursuant to the consent of Plaintiff and Defendant: C~~~~ / ,oea/~~~ Dallas Barton, efendant Carey, Attorney for E aintiff LEGAL SERVICES, I C. 8 Irvine Row Carlisle, P A 17013 ~~~ Tom Flower, Attorney for Defend t Flower, Flower, and Lindsay II East High Street Carlisle, P A 17013 .~ SHERIFF'S RETURN - REGULAR C~SE NO, 2000-01139 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARTON CINDY VS BARTON DALLAS RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon BARTON DALLAS the DEFENDANT , at 0010:05 HOURS, on the 1st day of March , 2000 at DISTRICT JUSTICE SUSAN DAY MT HOLLY SPRINGS, PA 17065 by handing to DALLAS BARTON a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So ;;::~~ 18.00 4.34 .00 10.00 .00 32,34 R. Thomas Kline 03/02/2000 Sworn and Subscribed to before By: me this :I.',pJ.t.::... day of ~ ::w-v-o A.D. ~ C2. 7vz.u#~ ^-M Prothonotary ,