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HomeMy WebLinkAbout95-02625 MARVELLA D. HARRELL, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- ;. ~ J S- CIVIL TERM KEITH O. 8URTON, Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER ,\ AND NOW, lhis L day of May, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Marvella D. Harrell. now residing at 325 West I'enn Street, Carlisle, Cumberland County, Pennsylvania, is In immediate and present danger of abuse from the defendant, Keith G. 8urton, the following Temporary Order is entered. The defendant, Keith G. Burton, (SSN: 201-54-9212)(D.0.8.: 8/21/1963) now residing at 750 Burnt House Road, Carlisle, Cumberland County, Pennsylvania, Is hereby enjoined from physically abusing the plaintiff, Marvella D. Ilarrell, or placing her In fear of abuse. The defendant is enjoined from harassing and stalking the plaintiff. A vlolallon or this Order may subJerl thr ddrndant 10: I) arrest undrr 23 PH. C.S. 16113111) a prlvalrrrlmlnal complalnl under 23 I'll. C.S. 16113.11 III) II chal'le orlndlred criminal conlrmpt undrr 23 PII. C.S. 16114, punishable by Imprlsollmenlnp to six months and a nnr or $100.00-$1,000.001 and Iv) c1vn cOlliI'm pI undrr 23 1'0. C.S. 16114.1. Resumptloll or co-rt'lildence 011 the port or Ihe plalllllrr and drrendanl shallllolllulllry Ihe provisions or the court ordfr. This Order shall remain in efferl unlil modified or lenninated by the Court after nollce or hearing and can he e~tendcd heyund Ihat time if the Court finds Ihat lhe defendant has com milled another act of abuse or has engaged In a pallem or practice that Indicates continued risk of harm to the plaintiff. This Order shall remain in effect until modified or terminated by the court after notice , or hearing. A hearing shall be held on this mailer on the " ~' day of May, 1995, at '/30 , It .10., in Courtroom No.":', Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriffs Department shall allempt to make service at the plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicahle rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shan not send a copy of this Order to the defendant by mail. The Carlisle Pollee Department shall be provided with a certified copy of this Order by the plaintiffs allomey. 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 com milled in the presence of the police officer. In the event that an arrest is made, under this section, the defendant shan be taken without unnecessary delay before the court that Issued Ihe order. When thaI court Is MARVELLA D, HARRELl., Plaintiff IN THE COURT OF COMMON PLEAS OF v, CtlMBERI.AND COtlNTY, PENNSYLVANIA KEITH G. BURTON, Defendant NO. 95- CIVIL TERM PROTECTION FROM ABUSE NOTICE 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 Pelilion, 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 fall to do so lhe Court may proceed wilhout you, and a Judgment may be entered agalnsl 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. I'EE.'i ANI) COS1'S If the case goes 10 hearing and the judge grants a Protecllon Order, a surcharge of $25.00 will be assessed lIiainst you, You may also be required to pay attorney fees to Legal Services, Ine. for lheir representatlnn of the plaintiff, You should lake Ihls paper 10 your lawYl'r al ollce. tr you do 1101 have a lawyer or call1lo( arrord 0111', 10 10 or II'/rpholll' Ihe ollke liel forth below 10 filld oul where you call .et le.a' help. COURT ADMINISTRATOR, 4th FLOOR CtlMBERLAND COUNTY COURTHOUSE CARI.ISLE. PENNSYI.VANIA t7013 TEI.E1'1l0NE NtlMUER: (717) 24().6200 AM.:RICANS WI'I'II U1SABIU1U:S ACT 01' 1990 The COllrt IIf {'lIIl1monPll'l\S of ('ulllherland C'lIl1nty is fC(juired hy law to comply wilh the Americans wilh Disahllities Al'l of 1990, For informatilln about accessible facllilies and reasllnable accollllllllllalions available III disabled individuals having business hefore lhe courl, please cuntaclllur linke, All arnmgclllents IIlllst he made IItleitst 72 hours prior to any hearing or husiness before the CUUII. knife from his sleeve and stabbed her in the back of the hand. The defendant's cousin telephoned the Carlisle Police Department. The defendant was arrcsted, charged with aggravated assaull, terroristic threats, and harassment, and was takcn to Cumberland County Prison. A hearing on the chargcs is scheduled bcfore District Justicc Correal on Wednesday, May 17, 1995. The plaintiff sought medical alien lion at the Carlisle Hospital for thc laccration to her hand sustained as a result of this incident. b. In or about late April or early May, 1994, the defendant struck the plaintiff about her head with his hand several times and tried to pull the telephone from the plaintiffs hand as she called the Carlisle Police. The police arrived and removed the defendant from the plaintiffs home. c. Since approximately 1988, the defendant has abused the plaintiff In ways including, but not limited to, threatening to hit her. S. The plaintiff believcs and therefore avers that she is in immediate and present danger of abuse from the defcndant and that she Is in need of protection from such abuse. 6. The plaintiff desires that the defendant be cnjoined from harassing and stalking the plaintiff. B. ATIORNEY I"E~ 7. The plalnliff asks that the defendant be ordered III pay reasonable attorney feesto legal Services, Inc. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7,1976,23 P.S. 6 6101 ~ gQ., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff andlor placing her in fear of abuse, and 2. Ordering the defendant to refrain from harassing and stalking the plaintiff. D. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, afler such hearing, enter an order to be In effect for a period of one year: I. Ordering the defendant to refrain from abusing the plaintiff andlor placing her In fear of abuse. 2. Ordering the defendant to refrain from harassing and stalking the plaintiff. 3. Ordering the defendant to (lay reasonable allorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the Carlisle Police Department who have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, I) ~... J~'(/.", oan Carey, Attorney fQl' 61alnllff LEGAL SERVICES, INC. B Irvine Row Carlisle, I'A 17013 (717) 243-9400 The above-named plaintiff, Marvella D. Harrell, verities that the statements made In the above Petition are tme and correct. The plaintiff understands that false statements herein are Date:~ U')nl"-~C, .I,[j,"l_l\ Marvella D. Harrell, Plaintiff made subject to the penalties of 18 I'a, C.S, ~4904 relating to unsworn falsification to authorities. res <Y ~ , " fl-' Q ~ '"" 'V) t;q. " ....---.- _.>;-.....-......~ ," l__- .,.. ..-- residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 6. The Carlisle I)olice Department shall be provided with a certified copy of this f I t Order by the plalntlrrs allorney and may enforce this Order by arrest for indirect criminal contempt wilhout warrant upon probable cause that this Order has been violated. whether or not the violation is commilled in the presence of the police officer. In the event that an arrest Is made under this section, the defendant shan be taken wilhout 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. G 6113). Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff Sb. \i' 1 ' S. Violation of the Protection Order may subject the defendant to: I) arrest under 23 Pa. C.S. 06113; ill a private criminal complaint under 23 Pa. C.S. 06113.1; ili) a charge of Indirect criminal contempt under 23 Pa. C.S. 06114, punishable by imprisonment up to six months and a fine of $100.00-$ t ,000.00; and Iv) civil contempt under 23 Pa. C.S. 06114.1. WHEREFORE, the parties request that a Protection Order be entered to renectthe above terms. , '\\,,~,<..d._~\v,"~lL( Marvella D. Harren, Plaintiff 1/,. .)"fl:(. ~~ . Keith O. Burton, Defendant -t-~J~.hV Carey, Allomey fo / lalntiff LEGAL SERVICFS, INC. H Irvine Row Carlisle, PA 17013 (717) 243.9400 Ii) i'; f ^' f' tll!: 1" 1_II~H11'fl"'l I'd "1 H i H qj l Y ! 'I I :'~! I, , l' " ., . ,. I;, 1/ ^ " h LI I ~] .\ I, \' ! " '/: 1"'1,1! '11 II III/ ,. WlLlIMi 1'!Iii: ~ I I r! I " . hi , , I I , I .. li . 'I I} !:if I I. ;1 1 111'11 ! f~Cln /, pi !'- I . tiP !"l H1lH:J-:1 r ni' ,f,' y, ,. 1, i, i I" Hi! d. ~Il I,. \1,'; ;j I j t" 1 dV, ):.' I, Ii IiI ""'1 '.'I'! ; 1,,- '00'1 f ti\'i "1'''11 ..I'ilhT'11 IY !I/ ,II,' f '.lll,1,'Il' " >I..."': V<' H1,;1!. !, I'.. 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