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Home My WebLink About94-05776 f I I i Ai a . -; i - i -:1 1 .... 1 (,. \ 3 \ cP \~, \ ~ ~ J .,.:, C' t' It) -::r 0- / /' CR I STY I.. BURRELl.. Plaintiff I \j TIlE I \ JCRT OF COMMON PLEAS OF ('I'M/IF HI AND COUNTY, PENNSYLV,IN I A v, De f endan t NO, 'l~j;f)flll' crVIL TERM PRCYI'ECT toN FROM ABUSE JAMES E, PAUL, AND NOW, this Tt:Ml'Q!l.M{'Ll'I<<Y(1om9.tLOR~ 1 fl, ____ __. ___. day of October, 1994, upon presen ta t ion and consideration of the within Petition, and upon finding that the plaintiff, Cristy L. Burrell, now residing at 3J Mallard Court, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger 01' abuse from the defendant, James E. Paul, the following Temporary Order is entered, The defendant, James E. Paul, now residing at 5117 Kytock Road, Mechanicsburg, Cumberland County, Pennsylvania, is hereby enjoined from phYSically abusing the plaintiff, Cristy L. Burreli. or placing her in fear of abuse. The defendant is ordered to stay lIway from the plaintiff's residence located at 33 Mallard Court, Mechanicsburg, Cumberland County, Pennsyivania, a residence is not owned 01' leased by the defendant. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communicat ions, The defendant is enjoined from harassing llnd stalking the plaintiff. The defendant is enjoined from entering the plaintiff's place of employment. The defendant is hereby not if ied that if he violates this Order, he MY be in indirect cri.inal conte.pt which is punishable by a fine not to exceed b. In or ahout the fall of t'l9J, the defendant grabbed the steering wheel as the ptaintiff drove her car, turned it abruptly and veered the car tow!\fd a telephone pole. After the plaint i ff turned the car away from the pate, pulled to the roadside and stopped the car, the defendant grabbed her by the arm and shook her. c. In or about December, 1992, the defendant punched the plaintiff in the mouth. The plaintiff sustained lacerations to the inside of her mouth and to her I ip, which was bruised !ll1d swollen. d. In or about 1991, the defendant shoved the plaint iff, bending her backward over a second story banister. The plaintiff feared that the defendant would push her over the banister and pleaded with him to consider her child. e. During their relationship the defendant has abused the plaintiff in ways including, but not limited to pushing, shoving, slapping, punching, choking and pulling her hair. He has also lllade thre8ts to blow the plaintiff's head off IInd to kilt her. 5. The plaintiff believes IInd therefore livers that she is in immediate and present danger of abuse from the defendant and that she is In need of protect ion from such abuse" 6, The plaintiff desires that the defendant be prohibited from having any direct or indirect contllct with the plaintiff including, but not limited to, telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassina and stalking the plaint i ff. 8, The plaintiff desires that the defendant be restrained from entering her place of employment. 1L._~,U1jll'JL_!~SF.sS.IOO 9. The apartment froll1 which the plaint iff Is asking the Court to llxclude the defendant is rented in the name of Cristy 1.. Burrell, and the defendant has never resided there. C. IA'lSf^'l 10. The plaintiff asks for attorney's fees for Legal Services, Inc., and filing and service fees of this lawsuit pursuant to the Protection from Abuse Act. WHEREfORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P.S. g 6101 ~ seQ., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protect ion from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff and/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; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff; 4. prohibi t ing the defendant from enter ing the plaint Iff's place of employment; 5. Ordering the defendant to stay away from the plaintiff's residence located at 33 Mallard Court, Mechanicsburg, CUmberland County, Pennsylvania, which the parties have never shared, and 6. Order ing the defendant to ~tay aWIlY from any res idence the plaint i ff may In the future l'~tllbl i~h for herse If, B. Schedule a hearing in accordnnce with the provisions of the "Protect Ion from Ahuse Act," nnd, after such heal'ing, enter an order te be In effect for a period of one year: l. Ordering the defendant to refrain from IIbuslng the pllllntlff IInd/ol plllclng her In fear of abuse. 2. Ordering the defendant to refrain from hllving any direct or indirect contact with the plaintiff Including, but not limited to, telephone ami written communications. 3. Ordering the defendant to refrain from harassing and stalking the plllintiff. 4. Prohlhl t ing the defendant from entering the plaint iff's place of employment, 5. Ordering the defendant to stay away from the plaintiff's residence located at 3.1 Mnllard Court, 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 futllre establish for herself. 7. Ordering the defendant to pay all costs of filing and service of this lawsuit and to pay attorney's fees to Legal Services, Inc. Thfl plaint I rf further asks that cert i fied copies of this Pet i t Ion and Orlier be de livered to the East Pennsboro lInd Lower Allen Township Pol ice Departments who have jurisdiction to enforce this Order. The above-named plaintIff, Cristy Burrell. verifies that the :itatelllents made in the above Petit ion are true and correct, Th.. plaintiff understands that Calse statements herein are made subject to the penalties of t8 Pa. C.S. ! 4904 relating to unsworn falsification to authorities. Date: ~O-(.p-qL{. c"Q~~}~ ...,... en . :i .... {( ~ ~ x. o ~ ~ ~') CJ, ~ ..) \Jl ":t .~ 00 cr- o r- ~~ :~....... -T ,~ '" ~ Vl 3 ~ ~ ,- ... u = > Ocr I J Ii c(., ~N Ig~ , ,\,' ; Defendant IN 'I'm: COURT 01' COMMON Pl.EAS Of CUMBERLAND COUNTY, PENNSYLVANIA NO. 9~-S776 rIVIl. TERM PROTE(~ION FROM ABUSE CRISTY L. BURREl.l., PI"intiff v. JAMES E, PAUL, KYl'ION fUR etmlNUANCE The plaintiff moves the Court for an Order cont inuing generally the above- captioned case on the grounds that: I. A Temporary Protect ion Order WllS entered by this Court on October 7, t994, scheduling a hearing for friday, October 14, t994, at 11:00 a.m. 2. The Cumber land County Sher iff's Department served the defendant wi th a cert i fied copy of the 'Cemporary Protect ion Order and Pet it ion for Protect ion Order on Friday, October 7, 1994, at his place of employment. .1. The defendant, James E. Paul, has retllined John f. l.yons of CONNELLY REID & SPADE to represent him. 4. Counsel for parties have negotiated II settlement in this matter by Consent Agreement but require additional time to execute the document and submit it to the Court. S. The plaintiff requests that this matter be continued generally pending execut ion of the Consent Agreement. 6. The plaintiff requests that the Temporary Protection Order remain in effect pending further order of court. 7. Certified copies of the Order for Continuance will be delivered to the defendant's counsel and the Lower Allen and East Pennsboro Township Pot ice Departments by the at torney for the pia int i ff. ".~,.- SHERIFF'S RE'IURN CQ'of1CtMEALW or PENNSYLVANIA. coum"i OF CtMBERLANO In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-5776 Civil Term Temporary Protective Order Petition for Protection Order Cristy L. Burrell vs James E. Paul Lerov Hippensteel , --"'IJ~ Deputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Temporary Protective Order Petition for Protection Order upon James E. Paul " , the defendant, at I: 00 o'clock P .M. ID / EOST, on the , 19-2~t 07 day of October 6427 Carlisle Pike. Mechanicsburg Cunber1anc1 Coun ty, Pennsylvania. by handing to James Paul a true and attested copy of the Temporary Protective Order Petition for, Protection Order and at the same tbne directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs. Docketing Service Affidavit Surcharge So answers. 14.00 6.16 r'" gJ;:;-r...:<: ~ R. Thanas Kline, Sheriff 2.00 22.16 Pd. by Pltff. 10-11-94 by ;! _ . ~ ,,/ AI~, ~,d: /7/ puty Sh iff Sworn and subscribed to before roo this /" :-- day 0 f (i'~ r.- t. ~ 19-2~_ A.D. \'-~b~::On:ta~"(("- ~l'.Jr:;' ., . CR [STY 1" BliRREU, , Plaintiff IN nw ('()I'RT Of C()foM)N PLfAS Of CI."Mm:RLANO ('OLNTY. I'b"NSYLVANIA v. NO, 94-5776 CIVIL HRM JAMl-:S E, PAllL, AND NOW, Defendnnt : PRorECTION f'RON ABUSE <hi, 2L~o~~",., """ ~,I",,"IM o( <l. Consent Agreement of the parties, the following Order is entered: t. The defendant, JltIleS E, Paul, is enjoined from physically abusing the plaintiff, Cristy L. Burrell, and/or from placing her in fear of abuse. 2. The defendant is ordered to refrain from harassing and stalking the plaint ife. 3. The defendant Is prohibited from entering the plaintiff's place of emptoyment. 4. This Order shall remain in effect for a period of one year. S. The Lower Allen and East Pennsboro TO\llTlship Pol ice Ilepartllents shall be provided with certified copies 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 IIllde under this section. the defendant shatl be taken without unnecessary delay before the court that issued the order. When that court is unavaitable, the defendant shall be taken before the appropriate district CR I STY L. nURRf:Ll., Plnlntlff I N 11m !'OURT OF COMMON PU':AS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-5776 CIVIl. TERM JAMES E. PAUL, Defendant PROTE(~ION FROM ABUSE COOSfNl' N"Al~ This Agreement Is entered on this _J!.:.._ day of October, 1994, by the plaintiff, Crlsty L. Burrell, and the defendant, James E. PIIUI. The plaintiff Is represented by Joan Carey of LF.GAL SERVICES, INC.; the defendant is represented by John F. Lyons of CONNELLY, REID & SPADE. The part les agree that the following may be entered as IIn Order of Court. I. The defendant, James E, Paul, agrees to refrain from abusing the plaintiff, Crlsty L. Burrell, lind/or plllcing her In fear of abuse. 2. The defendant agrees not to harass and stalk the plaintiff. J. The dcfendant agrees not to enter the plaintiff's plllce of employment. 4. The defendant, al though entering into this Agreement, does not adml t the allegations made in the Petition. 5. The defendant understands thllt the Protect ion Order entered In this matter shall be in effect for a period of one year. 6. The defendant understands thllt this Order shall be enforceable In the same manner as the Court's pr ior Temporary Protect iOll Order entered In this case. WHEREFORE, the parties request that n Protection Ordcr bc entered to