HomeMy WebLinkAbout94-02695
Brandy S. Burger,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
.
.
,
.
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
Y.
NO. 94 - J,6 qS- CIVIL TERM
.
,
JIllleS L. Danner,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
AND NOW, this
TEMPORARY PROTECTIVE ORDER
/\0' W
~_ day of May, 1994, upon presentation and
consideration of the within Petition, and upon finding that the plaintiff,
Brandy S. Burger, now residing at 2209 Apartment D, Cedar Run Extended, Camp
Hill, Cumberland County, Pennsylvania, is in i.mediate and present danger of
abuse from the defendant, James L. Danner, the following Teaporary Order is
entered.
The defendant, James L, Danner, now residing at 420 S. 16th Street,
Harrisburg, Dauphin County, Pennsylvania, is hereby enjoined from physically
abusing the plaintiff, Brandy S. Burger, or placing her in fear of abuse and
is excluded from the residence located at 2209 Apartment D, Cedar Run
Extended, Camp Hill, Cumberland County, Pennsylvania, a residence leased
solely by the plaintiff. 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 the
defendant shall not nullify the provisions of the court order directing the
defendant to refrain from abusing the plaintiff.
Temporary custody of Colin Jordan Michael Burger is hereby awarded to
the plaintiff, Brandy S. Burger.
The defendant is ordered to refrain from entering the plaintiff's place
of employment or school, from stalking the plaintiff, and from harassing the
plaintiff or her relatives,
The defendant is ordered to refrain from damaging or destroying any
property owned by the plaintiff or any property owned jointly by the parties,
case.
This Order shall reaain in effect until a final order is entered in this
A hearing shall be held on this matter on the .~() ~day of May, 1994,
at
f ,';?()
;?,m. in Courtroom No.~, Cumberland County Courthouse,
,
Carlisle, Pennsylvania,
The plaintiff may proceed in i2L!A nauneris pending a further order
after the hearing,
The Cumberland County Sheriff's office shall attempt to aake service at
the plaintiff's request, but service may be accomplished under any applicable
rule of Civil Procedure.
The Lower Allen Township Police Department will be provided with a copy
of this Order by attorneys for plaintiff. This Order shall be enforced by any
law enforcement agency when a violation occurs by arrest for indirect criminal
contempt. The arrest may be 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 arraigned before the appropriate district justice, (23
Pa.C,S.A, Section 6113).
By the Court,
J,
BrandJ S, Burger,
Plaintiff
: IN THE COURT OF COIIIION PLEAS OF
,
.
CUMBERLAND COUNTY, PENNSYLVANIA
,
,
v.
: NO, 94 -
CIVIL TERM
.
.
James L, Danner,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
NOTICE
You have been s~ed in court, If you wish to defend against the claias
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
claiaed 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,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT IIHERE YOU CAN GET LEGAL HELP,
COURT ADMINISTRATOR, 4TH FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
Brar.dl'S, Burger,
Plaintiff
IN TIlE COURT OF COIINON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94 -
CIVI L TIIIJI
JaHS L. Danner,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
PETITION FOR PROTECTIVE ORDER
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT. 23 Pa. C.S,A. Section 6101 et. sea,
A, ABUSE
1. The plaintiff is an adult individual whose permanent address is 2209
Apartaent D, Cedar Run Extended, C~p Hill, Cuaberland County, Pennsylvania,
17011.
2. The defendant is an adult individual residing at 420 S. 15th Street,
Harrisburg, Dauphin County, Pennsylvania, 17104.
3. The defendant is father of the plaintiff's son,
4. Since approximately March 1994, the defendant has atte.pted 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 iaminent
serious bodily injury. This has included but is not limited to the following
specific instances of abuse:
a. On or about May 16, 1994, the defendant attempted to slap or push
the plaintiff when she pushed his hands away to avoid being hurt, the
defendant forcefully grabbed her by the arms and pushed her onto a couch, The
defendant scraped the skin of his wrist with a knife, and threatened to kill
himself causing the plaintiff to fear for her safety, The plaintiff's father
called the Lower Allen Township Police, and they made the defendant leave the
residence.
b. In or about April 1994, the defendant used his body to push the
r
plaintiff backwards causing her to stuable and fall against a dresser, He
then forcefully pushed the plaintiff in the chest causing her to fall onto the
bed. When the plaintiff got up and ran downstairs to call for help, the
defendant grabbed her hand, forcefully squeezed her hand causing pain and
bruising, and pulled the phone cord froa the wall,
c, On or about May 8, 1993, the defendant grabbed the plaintiff's ara
and pushed her into a corner, The plaintiff fell to the floor to avoid being
dragged into the bathroom. When the plaintiff got up and went to get her five
aonth old daughter so that she could leave the residence, the defendant put a
knife to the plaintiff throat and threatened to kill her, When the defendant
left the roo., the plaintiff took her daughter and left the house. When the
defendant heard her leave, he went after her causing the plaintiff to run and
severely injuring her left foot. The defendant called an ambulance and the
plaintiff was treated for two broken bones in her ankle.
d. Since approximately March 1993 and throughout the plaintiff's
pregnancy, the defendant has on different occasions threatened to push her
down a set of stairs, kicked her in the buttocks, punched her in the stoaach,
and threatened that he would get rid of the baby for her,
5. The plaintiff believes and therefore avers that she will be in
immediate and present danger of abuse from the defendant should she remain in
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 ordered to refrain from
entering her place of employment or school, froa stalking the plaintiff, and
from harassing the plaintiff or her relatives.
7. The defendant is ordered to refrain froa damaging or destroying any
property owned by the plaintiff or any property owned jointly by the parties.
B, TEMPORARY CUSTODY
8, The plaintiff seeks temporary custody of the following child:
HAG
Present Residence
AG
Colin Jordan
Michael Burger
2209 Apt. D, Cedar Run Ext,
Cup Hill, PA
3 aos, old
DOB 2/3/94
The child was born out of wedlock,
The child is presently in the custody of the plaintiff, Brandy S.
Burger, who resides at 2209 Apt, D, Cedar Run Extended, Camp Hill,
Pennsylvania,
During the child's lifetime, the child has resided with the following
persons and at the following addresses:
~
Addresses
llilliu!
425 S. Wood St,
Middletown, PA
The
plaintiff
and child
were at
these
various
residences
from 3/3/94
to 4/1/94
Plaintiff, Mr. and
Mrs, Billow
(plaintiff's parents)
Plaintiff, Plaintiff's 1720 Beckley Dr,
grandaother and sister New Cumberland, PA
Plaintiff, Mr. and
Mrs, Burger
(plaintiff's father
and step-mother),
Kristen Bear (plaintiff's
step-sister)
110 Boyer St,
Sumaerdale, PA
Plaintiff,
Holland Burger
(Plaintiff's daughter)
2209 Apt, D
Cedar Run Extended
Caap Hill, PA
4/1/94 to
present
The aother of the child is the plaintiff, Brandy S, Burger, currently
residing at 2209 Apartment D, Cedar Run Extended, Camp Hill, Pennsylvania,
The plaintiff currently resides with the following persons:
~
Holland Burger
Colin Burger
RelationshiD
daughter
son
She is single,
The father of the child is the defendant, James L. Danner, currently
residing at 420 S. 15th Street, Harrisburg, Pennsylvania. The defendant
currently resides with the following persons:
~
RelationshiD
Eallla Peters
Gerald
Pete Peters
Lisa
Carrey
Michelle McMillen
Torry McMillen
Nookie McMillen
Betty McMillen
Jake Raudabaugh
John
Boo Boo
Ducky
Dingy
Aunt
Aunt's boyfriend
Cousin
Cousin's girlfriend
Cousin's child
Cousin
Cousin
Cousin
Cousin
Cousin's boyfriend
Cousin
Cousin
Cousin
Cousin
He is single.
9. The plaintiff has not previously participated in any litigation
concerning custody of the above mentioned child in this or any other Court.
10, The plaintiff has no knowledge of any custody proceedings
concerning this child pending before a court in this or any other
jurisdiction.
11. 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.
12. The best interests and permanent welfare of the child will be aet
if custody is temporarily granted to the plaintiff pending a hearing in this
aatter for reasons including the following:
a, The plaintiff has been the primary caretaker of the child and
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 model for the child.
c. EXCLUSIVE POSSESSION
13. The home which the plaintiff is asking the Court to order the
defendant to stay away from is rented in the name of the plaintiff.
14, The defendant has established his own residence at 420 S, 15th
Street, Harrisburg, Pennsylvania.
D. ATTORNEY FEES
15, The plaintiff asks that the defendant be ordered to pay reasonable
attorney fees pursuant to the Protection from Abuse Act,
E. STATUS TO PROCEED IN FORMA PAUPERIS
16, The defendant is employed at Pizza Hut and has an hourly wage of
approximately $5,25,
17, The plaintiff receives public assistance benefits in the Amount of
$403.00 per month.
18, The plaintiff does not have funds available to pay the fees for
filing and service.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act"
of October 7, 1976, 23 Pa.C.S.A. Section 6101 et sea., as aaended, the
plaintiff prays this Honorable Court to grant the following relief:
A, Grant a Temporary Order pursuant to the "Protection fro. Abuse Act":
1. Requiring the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse.
2. Requiring the defendant to refrain fro. entering the
plaintiff's place of employment or school, fro. stalking the plaintiff,
and from harassing the plaintiff or her relatives,
3. Granting temporary custody of the minor child to the
plaintiff,
4. Ordering the defendant to stay away from the residence located
at 2209 Apartaent D, Cedar Run Extended, Caap Hill, Pennsylvania,
5, Ordering the defendant to stay away from any residence
the plaintiff aay in the future establish for herself,
6. Ordering the defendant to refrain from damaging or
destroying any property owned by the plaintiff or any property owned
jointly by the parties,
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. Requiring the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse.
2. Requiring the defendant to refrain from entering the
plaintiff's place of employment or school, from stalking the plaintiff,
and from harassing the plaintiff or her relatives.
3. Ordering the defendant to stay away from the residence located
at 2209 Apartment #, Cedar Run Extended, Camp Hill, Pennsylvania.
4. Ordering the defendant to stay away frow any residence the
plaintiff may In the future establish for herself,
5. Ordering the defendant to refrain from daaaging or
destroying any property owned by the plaintiff or any property owned
jointly by the parties.
6, Ordering the defendant to pay reasonable attorney fees.
The plaintiff further asks that this Petition be filed and served
without payment of costs, pending a further order at the hearing, and that a
copy of this Petition and Order be delivered to the Lower Allen Township
Police Department as the Police Department with jurisdiction to enforce this
Order.
The above-naaed plaintiff, Brandy S, Burger, verifies that the
state.ents aade in the above Petition are true and correct. The plaintiff
understands that false stateaents herein are .ade subject to the penalties of
18 Pa, C. S. Section 4904 relating to unsworn falsification to authorities,
Date: 5fJ~/ qlj
'f'\?!\f\{)1(~1 v\r~ .\
Brandy S, rger, Plai iff
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Brandy S. Burger,
plaintiff
: IN THE COURT OF COMMON PLEAS OF
:
: CUMBERLAND COUNTY, PENNSYLVANIA
:
VS.
: NO. 94 - 2696 CIVIL TERM
:
James L. Danner,
Defendant
: PROTECTION FROM ABUSE
: AND CUSTODY
:
AND NOW,
~OTECTIVE ORDER
this~ day of May, 1994, upon consideration of
th3 Consent Agreement of the parties, the following Order is
entered:
1. The defendant, James L, Danner, is enjoined from
physically abusing the plaintiff, Brandy S. Burger, or from
placing her in fear of abuse.
2, The defendant, James L. Danner, is hereby excluded from
the premises located at 2209 Apartment D, Cedar Run Extended,
Camp Hill, Pennsylvania, 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 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 provisions of the court order directing the
defendant to refrain from abusing the plaintiff,
3. The defendant, James L. Danner, is ordered to stay away
from any residence the plaintiff may establish for herself in the
future. 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 and/or by a santence 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
provisions of the court order directing the defendant to refrain
from abusing the plaintiff,
4, The defendant is ordered to refrain from entering the
plaintiff's place of employment or school,
5. The defendant is ordered to refrain from stalking the
plaintiff and from harassing the plaintiff or her relatives.
6, The defendant is ordered to refrain from damaging or
destroying any property owned by the plaintiff or any property
jointly owned by the parties.
7. This Order shall remain in effect for a period of one
year,
8, The Lower Allen Township Police Department will be
provided with a copy of this Order by attorneys for plaintiff,
This Order shall be enforced by any law enforcement agency when a
violation occurs by arrest for indirect criminal contempt. The
arrest may be 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
,I
I
I .
Brandy S. Burger,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
.
.
: CUMBERLAND COUNTY, PENNSYLVANIA
:
.
.
vs.
:
: NO. 94 - 2695 CIVIL TERM
:
James L. Danner,
Defendant
: PROTECTION FROM ABUSE
: AND CUSTODY
:
AND
NOW, this~
CUSTODY ORDER
day of May, 1994, upon consideration of
the parties' Consent Agreement, the following Order is entered
with regard to custody of the parties' child, Colin Jordan
Michael Burger,
1, The plaintiff, hereinafter referred to as the mother,
will have primary physical and legal custody of the child,
2, The defendant, hereinafter referred to as the father,
will have supervised visitation of the child at times and places
agreed upon by the parties,
3, Neither parent 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 respect for the
other parent,
By the Court,
Brandy S. Burger,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:
: CUMBERLAND COUNTY, PENNSYLVANIA
:
:
VS.
:
: NO. 94 - 2696 CIVIL TERM
:
James L. Danner,
Defendant
: PROTECTION FROM ABUSE
: AND CUSTODY
.
.
CONSENT AGREEMENT
A5-~
This Agreement is entered on this ~ day of May,
1994, by the plaintiff, Brandy S. Burger, and the defendant,
James L, Danner, 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, James L. Danner, agrees to refrain from
abusing the plaintiff, Brandy S. Burger, or from placing her in
fear of abuse.
2, The defendant agrees to stay away from the plaintiff's
residence located at 2209 Apartment D, Cedar Run Extended, Camp
Hill, Pennsylvania,
3. The defendant agrees to stay away from any residence the
plaintiff may establish for herself in the future.
4. The defendant agrees to refrain from entering the
plaintiff's place of employment or school,
5. The defendant agrees not to stalk the plaintiff or from
harass the plaintiff or her relatives.
6, The defendant agrees to refrain from damaging or
.
destroying any property owned by the plaintiff or any property
jointly owned by the parties.
7. The defendant, although entering into this Agreement,
does not admit ~he allegations made in the Petition,
8, The defendant understands that the Protective Order
entered in this matter shall be in effect for a period of one
year,
9, The defendant understands that this Order will be
enforceable in the same manner as the Court's prior Temporary
Protective Order entered in this case,
10, The defendant and the plaintiff agree to the entry of
a Custody Order regarding their child, Colin Jordan Michael
Burger, providing the fOllowing:
a. The mother will have primary physical and legal
custody of the child,
b, The father will have supervised visitation of the
child at times agreed upon by the parties.
c. The parents realize that their child's well being
is paramount to any differences they might have between
themselves. Therefore, they agree that neither parent will
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 respect for the other parent.
WHEREFORE, the parties request that the Orders of Court be
entered to reflect the above terms.
fu\\~t\\\"'" ~ ~~N~QJ\
Brandy S,lJBurg r, laintiff
tf,~J..1 ~~L
~mes L, Danner, Defendant
--
an Carey
Attorney for Pla' iff
LEGAL SERVICES, INc,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I
SHERIFF'S RETURN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
In the Court of Common Pleas of
Cumberland County. Pennsylvnaia
No. 94-2695 Civil Term
Temporary Protective Order
Protection From Abuse and Custody,
Notice and Petition For
Protective Order & Custody
Brandy S. Burger
VS
James L, Danner
R. THOMAS KLINE. Sheriff. who being duly sworn according to law,
says, that he made diligent search and inquiry for the within named
defendant. to wit:
James L. Danner
but was unable to locate
him
in his bailiwick. He therefore
deputized the sheriff of
Dauphin
County, Pennsylvania.
to serve the within Protection From Abuse and Custody. Notice and Petition
For Protective Order & Custody
On
May 31. 1994
. this office was in receipt of
the attached return from
Dauphin
County. Pennsylvania.
Sheriff's Costs:
Docketing
Out of County
Surcharge
14.00
5.00
2,00
-- .2 /~ ,....v
So answers:
. . /' ~/
I. ;.0o?;->;;:b:' ,/2;
. , ;HOMAS KLINE. Sheriff
Sworn and subscribed to before me
this 13~
day of ~
19 lil( . A.D.
~,. _ n, ht,OD. , dn:z...
I r
rothonotary
.
1 -,
'::: Jne
I _
Brandy
Court of C=mmO:1 Fie::s or C:;r.::::"d::nd c.:.::t.::-;~'YI Psnr:sylv::r:i::
s, Burger
'IS,
James L, Danner
:'Jo.
94-2695 Civil Term
:?-
:iow,
May 20. 1994
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COMMONWEALTH OF PENNA:
COUNTY OF DAUPHIN:
SHERIFF'S RETURN
NO. 94-2695
PAGE 94
AND NOW: May 25,
WITHIN
19 95 ,at 9:30 AM,
PROTECTION FROM ABUSE
SERVED THE
UPON
BY PERSONALLY
James L. Danner
HANDING TO
James L, Danner
A TRUE ATTESTED COPY OF THE ORIGINAL PROTECTION FROM ABUSE
AND MAKING KNOWN TO Him
THE CONTENTS THEREOF AT 420 South
15th St., Harrisburg, Dauphin County, Penna,
SO A~W~RS t.IJ . .CT'.......
.-w"~ ?f.~~
SHERIFF OF DAUPHIN COUNTYJ PENNA
BY :r;u.JJ 7- ~
DEPUTY SHERIFF
Sworn and subscribed to
"&;X::;s C!-25t~~
PROTHONOTARY
19 94
SHERIFF'S COST $
S.IA
BRANDY S. BURGER,
I N THE ('OURT OF COMMON pLF.AS OF
Plaintiff
CUMBERLAND COUNTY. PENNSYLVANIA
v.
NO. 94-2695 CIVIL TERM
JAMES L. DANNER,
Defendnnt
PROTECTION FROM AIIUSE
AND NOW, this
Tf~POR^RY pROTFr.TION ORDER
,,"oM
dny of July,
1995, upon presentation and
consideration of the within Petition, nnd upon finding that the plaintiff, Brandy
S. Burger, now residing nt :!209D Cedur Run Drive Extended, Camp Hi II, Cumberlnlld
County, Pennsylvania, is/arc in immedinte nnd preRent (Innger of abuse from the
defendant, .lameR L. Dnnner, the following Tempornry order is entered.
The defendant, James L. Dnnner, (SSN: Unknown) (Dnte of Birth: 4/23/69) now
residing at 420 South 15th Street, IInrrisburg, Dauphin County, Pennsylvania, is
hereby enjoined from physically ahusing the plnintiff, Drnndy S. Burger, or
placing her in fe/lr of uhuse.
The defendnnt is ordered to stny nwny from the plnintiff's residence
located at 2209D Cednr Run Drive Extended. Camp IIi II, cumberland County,
Pennsylvanin, a residence which is lensed solely by the plnintiff.
The defendnnt is ordered to refrnin from h/IYing any direct or indirect
contact with the plaintiff including, but not limited to, telephone und written
communicntions,
The defendant is enjoined from haTllssing and stalking the plaintiff and
from harassing the plaintiff's relatives.
A violation of this Order mllY suhject the defendant to: i) arrest under 23
Pat e.s. ~611Ji i i) a private criminal complaint under 23 Pa. e.s. ~611J. 1; i i i)
a chllrge of indirect criminlll contempt under 23 Pn. C.S, ~6114, punishable hy
imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civi I
contempt under 23 Pa. r..S. ~6114.1.
This Order shall remain in effect until modified or terminated by the Court
after notice or hearing IInd clln he extended beyond its original expiration date
if the Court finds thllt the defendllnt hilS commitledllnothcr act of IIbuse or has
engllgcd in II pllllcl'll or prnctice that indicates risk of hllrm to the plaintiff.
This Order shill I remllin in effect until modified or terminated by the court
,-
lifter not ice or hellring. " hellring shall he held on this mlltter on the ;2'5
dllY of July. 1995, lit
3:lJO f-.m.,
..
in Courtroom No.~, Cumberland County
Courthouse, Carlisle, pennsylvanill.
The plaintiff may proceed without pre-payment of fees pending a further
order nfter the hellring.
The Cumber I IIml County Sheriff's Department shall attempt to make service
nt the plaintiff's request nnd without pre-payment of fees, but service may be
accompl ished under any IIppl iCllble rule of Civi I Procedure.
This Order shall he docketed in the office of the Prothonotary and
forwnrrled to the Sher iff for serv i ce. The Prot honotllry shall not send a copy of
this Order to the defendant by mai I.
The Lower Allen Township 1'01 ice Depllrtment shill I he provided with a
certified copy of this Order hy the plllintiff's IIllomey. This Order shnll be
enforced hyany law enforcement IIgency where a violation occurs by arrest for
indirect criminal contempt without warrant Ulxm probable cause that this Order
has been violated. whether or not the violation is committed in the presence of
the pol ice officer. In the event thllt an IIrrest is made, under this sect ion, the
defendant shall be taken without unnecessllry delll)' hefore the court LhllL issued
the order. When thllt court is unavailable. the defendant shall be taken before
the appropriate district just ice. (23 P.S. g 6113).
By the Court,
Judge
Philip C. Briganti
Joan Carey
Jane Muller-Peterson
LOOAL SERVICF..s, INC.
Attorneys for Plaintiff
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BRANDY S. BURGER,
IN TIlE COURT OF COMMON PLEAS OF
Plnint Iff
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 94-2695 ('IVIL TERM
JAMES I.. DANNER,
Defendant
PRCYfECTION FROM ARUSE
NOTICE
You have been sued in court. If you wish to defend lIgninst the claims set
forth in the following pages, you must take nction promptly after this Petition,
Order and Notice are served, by appearing personally or by attorney at the
hearing scheduled by the Court and present ing to the Court your defenses or
objections to the clnims set forth against you, You nre 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 lIny money claimed in the Petition or
for any other claim or rei ief requested by the plaint i ff. You may lose money or
property or other rights important to you.
FEFA" AND COSTS
If the case goes to hear ing and the judge grants n Protect ion Order, II
surcharge of $25.00 will be assessed ngainst you. You may also be required to
pay attorney fees to Legal Services, Inc. for their representation of the
plainti ff.
You should take this paper to your lawyer nt once. If you do not have a
lawyer or cannot afford one, go to or telephone the office set forth below to
find out where you can get legnl help.
COURT AIlMINISTRf\TOR, 4th FLOOR
CUMBERLAND COUNTY COURTIlOUSE
CARI.I SJ.E, PEfI.'NSYI.VANIA 1701.1
TEJ.EPIIONE NUMBER: (717) 240-6200
AMERICANS WITII IHSAIlII.ITIFA" ACT OF 1990
The Court of Common Pleas of Cumber land County is requ i red by law to comply
with the Americnns with Disnbilities Act of 1990. For information about
accessible facilities and reasonnble nccommodations nVllilablc to disabled
individuals having business hefore the court, please contnct our office. All
nrrangements must be made nt lenst 72 hours prior to nny henring or business
before the court,
BRANDY S. BURGER,
I N THE COURT OF COMMON PLEAS OF
Plaintiff
CllMRERI.AND r:o(1NTY, PENNSYLVANIA
v.
NO, 94-2695 CIVIL TERM
JAMES L. DANNER,
Ilcfenclllnt
PROTECTION FROM ABUSE
PIITITION ....OR PRCYI'F..crION ORDER
RHI.I..:F UNIlER TIlE I'ROTF.CTION FROM ABUSE
ACT, 23 P.S. ! 6101 cl scq.
A. ABUSE
1. The plaintiff, Brllndy S. Burger, is IIn IIdult individual residing at
2209D Cedar Run Extended, Camp Hi II, r.umberland County, Pennsylvania 17011.
2. The defendant, James I.. Danner, (SSN: l1nknown)(Date of Birth:
4/23/69), is nn ndult individunl residing at 420 South 15th Street, Harrisburg,
Dauphin County, Pennsylvnnia, 17104.
3. The defendant is the father of the plllintiff's son, Col in J.M. Burger
IInd her unborn chi Id.
4. Since approximately March, 1993, the defendant has attempted to cause
bodily injury to the plnintiff, has placed the plllintiff in rellsonable fear of
imminent serious bodi Iy injury, Itnd hilS knowingly engllged in a course of conduct
or repeatedly committed ncts lowllnl the plainliff undcr circumstances which have
placed the plaintiff in reasonable fear of bodi Iy injury. This has included, but
is not limited to, the following specific instances of abuse:
II) On or nbout July 12, 1995, the defendant attempted to knee the
plnintiff, who is 2 1/2 months pregnllnt, in her abdomen, grabbed her
by the IIrm, shoved her several times. threw a pi Ilow at her and
snapped a blanket in her face. The plllintiff tclephoned the Lower
Allen Township Police. IInd they escorted the defendant from the
plaintiff's home. The plaintiff fears for her safety and that of
her unborn chi ld.
b) On May 20,1994, the plaintiff filed a Petition for Protective
Order nnd Custody to the IIbove-1 isted capt ion and a Temporary
Protect ion Order WIIS entered the snme dllte. The part ies entered
into a Consent Agreement, und Protective IInd Custody orders were
entered on May 25, 1994. See Exhibit A incorporated by reference.
5. The pluintifr believes and therefore avers that she is in immediate
and present dunger of IIbuse from the defendant and thut she is in need of
protection from such ubuse.
6. The plaintiff desires thut the defendant be prohibited from having
any direct or indirect contuct with the plaintiff including, but not limited to,
telephone and written communications.
7. The plaintiff desires that the defendant be enjoined from harassing
and stalking the plaintiff, and from harassing the plnintiff's relntives,
R. EXCLUSIVE POSSK'>SION
8. The apartment from which the pluintiff is asking the Court to order
the defendant to stny nwny from is rented in the plaintiff's name. The defendant
has resided in Hnrrisburg for over a year.
C. A'ITORNEY FF.ES
9. The plaintiff IIsks that the defendunt be ordered to pay reasonnble
attorney fees to Legul Services, Inc.
I\1iEREFORE, pursullnt to the provisions of the "Protection from Abuse Act"
of October 7, 1976, 23 P,S, ~ 6101 et seQ., as amended, the plaintiff prays this
Honorahle Court to grant the following rei ief:
A. Grant II Temporllry Order pursuant to the "Protect ion from Abuse
Act:"
1. Ordering the defendant to refrain from abusing the
plaint i ff nnd/or placing her in fellr of abuse;
2. Ordering the defendllnt to refrain from having any direct
or indirect contllct with the plaintiff including, but not
1 imited to, telephone amI wri t ten communi cat ions;
J. Ordering the defendnnt to refruin from harassing !Ind
stal king the pin i nt i ff nnd from harass i ng the pIli i nt i ff' s
rellltives;
4. Ordering the defendant to stay away from the plaintiff's
res i dence I ocnt cd at 22090 Ceda r Run Or i ve Ex tended, Camp
Iii II, cumberland County, Pennsylvania, and
5. Ordering the defendnnt to stay Ilway from any residence
the plnint i ff mllY in the future establ ish for hersel f.
B. schedule a henring in accordnnce with the provisions of the
"Protect ion from Abuse Act," and, Ilfter such hellring, enter an order to be in
effect for a period of one year:
J. Ordering the defendant to refrain from Ilbusing the
plaintiff and/or placing her in fear of ahuse.
2. Ordering the defendant to refrnin from having any direct
or indirect contnct with the plaintiff including, but not
limited to, telephone and written communications.
J. Ordering the defendnnt to refrain from hnrnssing nnd
stlllking the plnint i ff nnd from hnrassing the plaintiff's
relatives.
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Brandy S. Burger,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
.
.
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
vs.
.
.
: NO. 94 - 2695 CIVIL TERM
.
,
.
.
PROTECTION FROM ABUSE
AND CUSTODY
James L. Danner,
Defendant
:
.
.
PROTECTIVE ORDER
AND NOW, this dS~ day of May, 1994, upon consideration of
the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, James L. Danner, is enjoined from
physically abusing the plaintiff, Brandy S. Burger, or from
placing her in fear of abuse,
2. The defendant, James L, Danner, is hereby excluded from
the premises located at 2209 Apartment D, Cedar Run Extended,
Camp Hill, Pennsylvania, 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 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 provisions of the court order directing the
defendant to refrain from abusing the plaintiff.
3. The defendant, James L, Danner, is ordered to stay away
from any residence the plaintiff may establish for herself in the
future, The defendant is hereby notified that if he resides in
the plaintiff's domicile contrary to this Order, he may be in
,
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that court is unavailable, the defendant shall be taken before
the appropriate district justice. (23 P.S, Section 8113).
By the Court,
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Georg E. Hoffer, J.
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COMMONWEALTH OF PENNA:
COUNTY OF DAUPHIN:
SHERIFF'S RETURN
NO. 94-2695 Civil Term
PAGE 405
i
I
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AND NOW: July 24th
1995 .lIt 10:30 A. ~1.
SERVED Tim
UPON
WITHIN
Protection from Abuse
James L, Danner IIY PERSONALI,Y
HANDING TO
James 1. Danner
A TRUE ATTESTED COPY OF THE ORIGINAl,
him
Protection from Abuse
AND MAKING KNOWN TO
TIlE CONTENTS TIIHlWOF AT the Dauphin
Co. Court House, Front and Market Streets, Harrisburg, Pa.
SO ANS\VIUlR
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,SHERIFF OF DAUPHIN COUNTY, PENNA
IIY JJ14 4i~
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Sworn and subscribed lu
before me <hi. ~. ~~ I"~ 95
PROTHONOTARY
SHERIFF'S COST $1 Ie.
S-IA
In Tn-e Court ci C.:mmO:1 pie:::s of C:.Jr.::.::::!t'l:nd C-=u:-;~'YI Psnr:syl'lc:r:i::::
Brandy'S, Burger
'is,
James L. Danner
:-roo
94-2695 Civil Term
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July 20. 1995
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BRANDY S, BURGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO, ~-2695 CIVIL TERM
:
JAMES L. DANNER, :
Defendant : PROTECTION FROM ABUSE
_ ~~PROTECTION ORDER
AND NOW, thiS~ day of July, 1995, upon consideration of
the Consent Agreement of the parties, the following Order is
entered:
1, The defendant, James L. Danner, SS: Unkown and
DOB:4/23/69, is enjoined from physically abusing the plaintiff,
Brandy S, Burger, and 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.
3. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
4, The defendant is ordered to stay away from the
plaintiff's residence located at 2209D Cedar Run Drive Extended,
Camp Hill, Cumberland County, Pennsylvania,
5, The defendant is ordered to stay away from any
residence the plaintiff may in the future establish for herself.
6. The court costs and fees are waived,
7. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may 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,
8, This Order may subject the defendant to: i) arrest
under 23 Pa, C.S. 56113; ii) a private criminal complaint under
23 Pa. C,S. 56113.1; iii) a charge of indirect criminal contempt
under 23 Pa. C.S, 56114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000,00; and iv) civil contempt
under 23 Pa. C,S. 56114.1. Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
9. The Lower Allen Township Police Department shall be
provided with a certified copy of this Order by the plaintiff's
attorney and 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
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,
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CONSENT AGREEMENT ~
This Agreement is entered on this Qj day of July, 1995,
by the plaintiff, Brandy S, Burger, and the defendant, James L.
Danner. 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, James L, Danner, agrees to refrain from
abusing the plaintiff, Brandy S. Burger, 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.
3, The defendant agrees not to harass and stalk the
plaintiff and harass the plaintiff's relatives.
4. The defendant agrees to stay away from the plaintiff's
residence located at 2209D Cedar Run Drive Extended, Camp Hill,
Cumberland County, Pennsylvania.
5, The defendant agrees to stay away from any residence
the plaintiff may in the future establish for herself,
6, The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
7. 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,
8. 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.
WHEREFORE, the parties request that a Protection Order be
entered to reflect the above terms,
i ). ~
Burger~ Plaintiff
~Y/~AH~L
ames -L. Danner, Defendant
an Carey
Attorney for PIa iff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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