HomeMy WebLinkAbout96-00109
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Susun M, Burrick, filr hcrsclfund on behulf : IN TilE COURT OF COMMON PLEAS OF
of the minor child, Brundon Burrick.
Pluintifl" : CUMBERLAND COUNTY, PENNSYLVANIA
\'S.
: NO, 1)6.1 ()I)
CIVIL TERM
Duvid S, Buker, Jr"
Defendunt
: PROTECTION FROM ABUSE
YOU IIAVE BEEN SUED IN COURT. I I' you wish to defend uguinst thecluims set filrth
in the filllowing papcrs. you must appear at the hearing scheduled herein. If you filii to do so, the
case may proceed uguinst you und u FINAL Order may be entered ugainst you granting the relief
re4uested in the Petition, In particular, you may be evicted fhml your residence und lose other
important rights,
^ IlEARING ON TIllS MATTER IS SCIIEDULED ON (~(lr,}.I)/~ 'L ,J9}},AT
AT Iroo A .M.. IN COURTROOM NO. ,1 OF TilE CUMBERLAND COUNTY
COURTIIOUSE. CARl.ISLE. PENNSYLVANIA.
You MUST obey the Order that is attuched until it is modified or tenninuted by the court
al\er notice und heuring, If you disobey this Order, the police muy urrest you, Violution of this
Order muy subject you tou churge ofindircct criminal contempt which is punishuble by u tine of up
to S 1,000,00 und/or up to six months injail under 23 Pu,C.S. *6114, Violution may ulso subject you
to prosecution und crimi nul penulties undcr the Pennsylvuniu Crimes Code, Under federulluw, 18
U,S,c' *2265, this Order is enfilreeable anywhere in the United Stutes,tribullunds, U,S. Territories
and the Commonweulth of Puerto Rico. I I' you truvcloutside of the stute und intentionally violute
this Order. you may be subject to federal criminul proceedings under the Violence Against Women
Act, 18 U,S,C. * 2261.2262,
You should take this paper to your lawyer at once, You have the ri"ht to have a lawyer
represent you at the hearin". Thc court will not. howcver. appoint a lawyer for you. If you
do not have a lawycr or cannot afford one. "0 to or telcphone the office set forth helow to find
out where you can "et Ic"al help, If you cannot find a lawyer, you may have to proceed
w'lthout one.
CUMBERl.AND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE. PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)241).3166
AMERICANS WITIIIlISABIUTI.ES ACT 01- 1990
The Court of Common Pleas of Cumbcrland County is re4uircd by luw to comply with the
Americans with Disabilitics Act of II)I)(), Fur intimnation ahllut accessihle filcilities und reusonuble
uccommllllmions uvuiluhle to disuhlcd individuals having busincss helilre the court, pleuse
contuctments must he mude mlcust 72 hours prior to uny heuring ur husiness betilre the court, You
must uttend the schcduled confcrence or heuring,
Until the final hearing, all contact between Defendant and the child/ren shall be limited
to the following:
The local law enforcement agency in the jurisdiction where the child/ren are located
shall ensure that the child/ren are placed in the care and control of Plaintiff in
accordance with the terms of this Order,
Cl 6, Defendant shall immediately relinquish the following weapons to the Sherifl's Office
or a designated local law enforcement agency for the delivery to the Sherifl's Office:Defendant is
prohibited from possessing, transferring or acquiring any other weapons for the duration of this
Order,
[E> 7.
The following additional relieris granted:
The Cumberland County Sherilrs Department shallaUemptto make service at
Plaintilrs 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 of the Prothonotary and forwarded
to the SheriITfor service. The Prothonotary shall not send a copy ofthls Order
to Defendant by mail.
This Order shall remain in eITect until modified or terminated by the Court and
can be ntended beyond Its original npiratlon date if the Court finds that
Defendant h.. commlUed an act of abuse or has engaged In a paUem or
practice that Indicate. ri.k of harm to PlalntilT and/or minor child.
Defendant Is enjoined from damaging or destroying any property owned jointly
by the partie. or owned solely by PlaintllT.
Defendant Is to refrain from haraulng PlalntilT's relatives or the minor child.
[E> 8. A certified copy of this Order shall be provided to the police department where
PlalntllT resides and any other agency specified hereafter: Newville Police and Pennsylvania
State Police Departments.
I:&> 9.
THIS ORDER SUPERSEDES
[E> ANY PRIOR PFA ORDER and
o ANY PRIOR ORDER RELATING TO CHILD CUSTODY
[E> 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER
NOTICE AND HEARING.
NOTICE AND IIEARING.
NOTICE TO DEFENDANT
Delendant is hereby notilied that viollllion of this Order may result in arrestlhr indirect
criminal contempt, which is punishuble by u fine of up to S 1,000,00 und/or up to six months in jail.
23 Pa.C,S, *6114, Consent of the Plainti ffto Delendant's return to the residence shall not invalidate
this Order, which can only be chungcd or modified through the tiling ofappropriateeourt papers tiJr
thut purpose, 23 l'a,C.S, *611J, Detendant is further notified thut violation of this Order may
subject him/her to state churges and penalties under the Pcnnsylvuniu Crimes Code and tolederal
charges and pcnulties under the Violencc Aguinst Women Act, IN U,S,C, ** 2261-2262,-Anx
otec io 0 de 'an cd b I COU l1U he considered' un suhse uent roceed' 's ' eI d' ,
c i d eustod oceedi 's der title 23 omes 'c Re I io s of the Pe ns Ivuniu Co so'l 'd
Statutes,
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shull be enforeed by the police who huvejurisdiction overthe plaintill's residence
OR any locations where a violation of this order occurs OR whcre the delendant may be located,
Ifdelendant violates Paragraphs I through 6 of this Order, delendant may be arrested on the charge
of Indirect Criminal Contempt. An arrest tiJr violation of this Order may be made without warrant,
based solely on prohable cause, whether or not the violation is committed in the presence oflaw
enfilrcement.
Suhsequent to an arrest, the law enlorcement otlieer shall scize all weapons used or
threatened to he used during the violation of this Order OR during prior incidents of abuse,
Weapons mustliJrthwith he delivercd to the Sherin's otliee ofthc county which issucd this Order,
which oflice shall maintain possession of the weapons until further Order of his Court, unless the
weapon/s are evidence ofa crime. in which case, they shall remain jllitlr 'v entilrcement agency
whose otlicer made the arrest, /"
Judge
-'
Susan M, Barrick, for herself and on behalf : IN THE COURT OF COMMON PLEAS OF
of the minor child, Brandon Barrick,
Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA
vs,
Defendant
: NO, 96-109
: PROTECTION FROM ABUSE
CIVIL TERM
David S, Baker. Jr"
fEIITJON FOR PROTECTION FROM ABUSE
I. The Plaintiff is Susan Barrick who is filing a Protection From Abuse Order for herself,
and on behalf of the minor child, Brandon Barrick.
2, The name of the persons who seek protection from abuse are Susan Barrick for herself,
and the minor child, Brandon Barrick,
3, Plaintiffs address is 70 Betty Nelson Court, Lot 136, Newville, Carlisle, Pennsylvania,
4, Defendant is believed to live at 501 Shippensburg Road, Newville, Pennsylvania,
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is 6/24/64,
Defendant's place of employment is unknown to Plaintiff.
5, Defendant is Plaintiffs fonner intimate partner,
6, Plaintiff and Defendant have been involved in the following court actions for divorce,
custody, support, or protection from abuse:
eale name
Barrick v, Baker (PF A)
Case No,
96-109
Date filed
January 5, 1996
!&l!rt
Cumberland Co,-Common
Pleas
7, Defendant has been involved in the following criminal court action: On December 27,
1995, Defendant walarrelted and Incarcerated for haraument and Ilmple auault a.alnlt
PlalntllT.
8, The facts of the most recent incident of abuse are as follows:
On or about November I, 1999, Defendant became angry, put his fist in front of
Plaintifl's face, and told her to shut up, causing her to fear he was going to hit
her,
I), Defendnnt hus committed the tilllowing prior ucls of uhuse uguinstl'luinli 1'1':
u) In or uhoul Oetoher 11)l)l), Ikfendunt punched I'luintiffin the side oflhe heud
und pushed her causing her to lilll onto the !loor, Defellllant upproached
I'laintill's son und pushed him when he usked Defendunt to stop hitting his
mother, I'luintill'sutlered hruises und soreness duc to the incident. On two
sepumte oceusions, dcfendunt heeume ungry. took a lit cigarette, and threw it at
Plainli 11' cuusing hcr 10 leur she would get humed, On one other occasion,
Dcfendunt hcclllnc ungry, pushcd Pluinti 1'1' onhl her son's hed, and punched
Pluintif1's son inlhc stomuch,
b) In or ahoulthc Full of 1l)l)I),on numerous occasions, Delendant became angry,
held his fist up in u Ihreatening manncr, and screamcd at Plaintiff to shut up.
cuusing hcr to feur lilr hcr sutety,
c) In or uhout Dcccmbcr I'NN, Dcfendunt hccume ungry, yelled at Plaintifl"to shut
up, und punched her undcr thc chin, Plaintiff called the police,
d) Sincc approximulcly 11)1)5. Dcfemlant has ahuscd Pluintiffin ways including, but
not limited to: pushcd, punched. chokcd, and grahbed Plaintiff causing her to
suller fhun hruising uml/or swelling to her lilce, back. anns, chest and rihs,
Dclendant has threatened to kill Plaintif1' ami hcr filmily and has caused her to
fear hllllily injury by putting his fist in her filee and screaming at her,
In, The filllowing police depurtments or lull' cnfhrcementugencies in the area in which
Plaintill' lives should he providcd with u copy of the Protection Order: Newville Police and
Pennsylvania State Police Departments,
II, There is an immediate und prcsent danger of further ahuse from Defendant.
WIIEREFORE, PLAINTIFF REQUESTS TIIAT TilE COURT ENTER A
TEMPORARY ORDER, AND AnER ilEA RING, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
A, Restruin Delenduntfrllln abusing, threatening, harassing. or stalking Plaintiff
and/or minor child in any pluce where Pluintiffmay be filUnd.
B, Order Defendant to stay away Irom Pluintill's residence and prohibit Defendant
frumuttempting to enter uny temporary or penn anent residence of the Pluintifl:
C, Prohibit Defendant frllln having any contact with Plaintiff in person. by
tclephone,or writing, personally or through third persons, including. hut not limited to,
uny eonluct at Plaintill's residence, or plllce of cmployment.
D. Pnihihit [)etendunt Ihllll huving uny eonlnct with Pluintill's relutives,
E. Order Delenduntto pny the eosls ufthis uctiGn, including tiling und service tees,
F, Order Delendunt to reimhurse Cumherlund County, u Legal Services funding
source, $250,00 tilr the vulue oflhe legul services provided 10 Plaintitl' for the cost of
litigating this cuse if the case goes to heuring,
G, Order the tilllowing uddilionnl relict: not listed ahove:
The Delendnnt is enjoincd Irom dum aging or destroying uny property owned
jointly hy the purties or owncd solcly hy Plaintit'!:
The Defendant is to refruin trom hnrassing Plaintill's relatives,
H. Grunt such other relief us Ihe court deems appropriute,
I. Order the police or other luw entorcementugency to serve Detendant with a
copy of this Petition, uny Order issued,und the Order tor Heuring, The Petitioner will
intimll the designuted authority of uny addresses, other thun Defendant's residence,
where Detendunt can he served.
Plaintitl' prnys liJr such other relief as may be just and proper,
R1J::IY su(t:~
Uoan Carey, Attorney Ii laintill'
LEGAL SERVICES, NC.
8 Irvine Row
Carlisle. PA 17013
(717) 243.9400
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SUSAN M. BARRICK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96- II') CIVIL TERM
DAVID S. BAKER, JR.,
Defendant
PROTECTION FROM ABUSE
TEMPORARY PROTECTION ORDER
AND NOW, this ~~ day of January, 1996, upon
presentation and consideration of the within Petition, and upon
finding that the plaintiff, SUSAN M. BARRICK, now residing at 12
Weist Road, Newville, Cumberland County, Pennsylvania, is in
immediate and present danger of abuse from the defendant, DAVID
S. BAKER, JR., the following Temporary Order is entered.
The defendant, DAVID S. BAKER, JR., SSN:191-46-1747 and
DOB:6/24/64, currently incarcerated in the Cumberland County
Prison, Carlisle, Cumberland County, Pennsylvania, is hereby
enjoined from physically abusing the plaintiff, SUSAN M. BARRICK,
or placing her in fear of abuse.
The defendant is ordered to stay away from the plaintiff's
residence located at 12 Weist Road, Newville, Cumberland County,
Pennsylvania, a residence which is owned by the plaintiff's
parents.
The defendant is ordered to refrain from having any direct
or indirect contact with the plaintiff including, but not limited
to, telephone and written communications.
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 tbie Ordar aay eubject tba defandant tOI i)
arraet undar 23 Pa.c... 51113; ii) a privata criainal coaplaint
under 23 Pa.C... 51113.1; iii) a cbarqe of indirect criainal
contaapt under 23 Pa.C... 51114, puniebable by iaprieonaent up to
.ix aontb. and a fine of '100.00-'1,000.00; and iv) civil
contaapt under 23 Pa.c... 51114.1. Reeuaption of co-reeidence on
tbe part of tbe plaintiff end defendant eba11 not nullify tbe
provi.ione of tbe court order.
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 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 J'~~day of
January, 1996, at ~:~~~.m., 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 Sheriff's Department shall attempt to
make service at the 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 of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this Order to the defendant
by mail.
The Pennsylvania state Police and Newville Police
Departments will be provided with certified copies of this Order
by the plaintiff'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.s. S
6113) .
By the Court,
J ("" Ie.. J{,,_-
---lil-t~, I 'J, Judge
SUSAN M. BARRICK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96- J..'i CIVIL TERM
DAVID S. BAKER, JR.,
Defendant
PROTECTION FROM ABUSE
If 0 TIC I
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 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 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.
rlls AND COSTS
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 .bould tate tbi. papar to your lawyer at once. If you do not
bave a lawyer or cannot afford one, go to or telepbone the office .at
fortb ~elow to find out wbere you can get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 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. You must
attend the scheduled conference or hearing.
SUSAN M. BARRICK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96- Ie' 'I CIVIL TERM
PROTECTION FROM ABUSE
DAVID S. BAKER, JR.,
Defendant
PETITION rOR PROTECTION ORDER
RELlEr UNDER THE PROTECTION rRON ABUSE
ACT, 23 P..c.s. S '101 at .aq.
A. ABUSB
1. The plaintiff, SUSAN M. BARRICK, is an adult individual
residing at 12 Weist Road, Newville, Cumberland County,
Pennsylvania 17241.
2. The defendant, DAVID S. BAKER, JR., SSN:191-46-1747 and
DOB:6/24/64, is an adult individual residing at 10 Gordon Drive,
Carlisle, Cumberland County, Pennsylvania, 1701J, but is
currently incarcerated in the Cumberland County Prison, Carlisle.
J. The defendant is the plaintiff's former intimate
partner.
4. Since approximately December 1995, the defendant has
attempted to cause and has intentionally, knowingly, or
recklessly caused bodily injury to the plaintiff, 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 December 27, 1995, as the plaintiff
was eating, the defendant pushed her plate of food onto
her and punched the plaintiff about the head with his
fist. The plaintiff went to call for help, and the
defendant grabbed the phone from her, punched her in
the head, and threw her to the floor. When the
plaintiff got up and tried to leave the room, the
defendant restrained her by pushing her away and into a
pool table, grabbed her and repeatedly hit her when she
tried to get the defendant off of her. When the North
Middleton Township Police arrived, they arrested the
defendant, charged him with simple assault and
harassment, and placed him in the Cumberland County
Prison on $20,000 bail. The plaintiff received
treatment at the Carlisle Hospital emergency room for
injuries including bruises and swelling to her head,
face, arm, chest, back, and ribs.
b. On or about December 16, 1995, the defendant
pushed the plaintiff onto the couch several times
refusing to let her get up, then straddled the
plaintiff and punched her in the nose.
c. During November and December 1995, on several
occasions, the defendant pushed the plaintiff around
and restrained her.
6. On or about December 28, 1995, the plaintiff and her
minor child left the residence at 10 Gordon Drive, Carlisle,
Cumberland County, Pennsylvania, in order to avoid further abuse.
7. The plaintiff believes and therefore 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.
8. 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
communications.
9. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
10. The plaintiff desires that the defendant be restrained
from entering her place of employment.
11. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
by the plaintiff.
B. .ZCLUBIVB POSSBBSION
12. The home from which the plaintiff is asking the Court
to exclude the defendant is owned by the plaintiff's parents and
the defendant has never resided there.
C. LOBBBB/ATTORNBY ~B.S
13. The plaintiff has suffered losses as a result of the
abuse by the defendant. The losses are listed on Exhibit A
attached.
14. The plaintiff asks that the defendant be ordered to pay
reasonable attorney fees to Legal Services, Inc.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.c.s. S 6101 m: ~., 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:"
1. Ordering the defendant to refrain from abusing the
plaintiff 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 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 jointly OWned by the
Plaintiff;
6. Ordering the defendant to stay away from the
Plaintiff's residence located at 12 Weist Road,
Newville, Cumberland County, PennsYlvania, which the
parties have never shared;
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
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herself;
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 defendant to refrain from abusing the
plaintiff 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 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 jointly owned by the
plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence located at 12 Weist Road,
Newville, Cumberland County, Pennsylvania, which the
parties have never shared.
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself.
8. ordering the defendant to reimburse the
The above-named Plaintiff, SUSAN M. BARRICK, verifies that
the statements made in the above Petition are true and correct.
Plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa.C.S. 54904, relating to unsworn
falsification to authorities.
Date:
J J 2, /q.'..,
f I
J\I..,')(l.,\I\./~', "..I"
Susan M. Barrick, Plaintiff
SUSAN M. BARRICK,
Plaintiff
IN TIll coua'l' 0' COIlIION ...LIIA. 0'
CUlGIRLIUID COUll'l'Y, '....YLVAIIIA
v..
No. 96-109
PROTECTION PROM ABUSE
CIVIL TERM
DAVID S. BAKER. JR.
Defendant
PRAECIPE TO WITHDRAW ACTION
The Dlalntiff in the above-caDtioned ca.. reau..t. that the Petition for
Prot.ction from Abu.. fil.d on Januarv 5. 1996. b. withdrawn. and the
T~DOr.rv Order b. vacated.
To L.~r.nc. E. Welker
Prothonotary
19~
"
No. 96-109
CIVIL TERM
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Bu..n M. Barrick.
P1aintltf
va.
David S. Baker. Jr..
Defendant
PR".CIP.
Filed
19
Joan Car8V
, Atty.
LEGAL SERVICES. INC.
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Susun M, Burrick, tiJr herself ulllfon
hehulfofthe minor child, Brundon Burrick
: IN TIlE COURT OF COMMON PLEAS OF
\'S.
: CUMBERLAND COUNTY, PENNSYL VANIA
Duvid S. Buker, Jr"
: NO, 96-109
CIVIL TERM
Delcndunt
: PROTECTION FROM ABUSE
Detcndunt's Nume: David S. Baker, Jr.
De/cndunt's Dute of Birth: 6/24/64
Delcndunt's Soeiul Security Numhcr: Unknown to Plain tilT
Nume/s ofPrntecled Pcrsons, including Pluintitl'und minor child: Susan M. Barrick and
her minor child, Brandon Barrick.
AND NOW, this 7'h day of December, 1999, the court having Jurisdiction
over the parties and the subject-matter, It Is ORDERED, ADJUDGED, and
DECREED as follows:
Plaintiff, Susan Barrick, Is representccf by Joan Carey of LEGAL SERVICES, INC.;
Defendant, David Baker, Jr, ,Is represented hy Madelaine Baturln, Attorney at Law of
BATURIN AND BATURIN.
Defendant, althou"h a"reeln" to the terms of this Order, docs not admit the al/ellatlons
made In the Petition.
[&> Plaintiffs request for a l'lnal Protection Order Is "ranted pursuant to the consent of
PlalntllT and Defendant.
o I'luintitl's request tiJr u Finull'ruleclion Ordcr is denied,
[&> I. Defendant shal/ not ahuse, stalk, harass, threaten PlalntllT or any other
protected person In any place where the)' mlAht he found,
o 2, Delcndunt is completcly eviClcd und excludcd fhllll lhe residence ul or uny other
residence where Pluintill'muy live, E.xclusive possession of the rcsidence is grunted 10 Pluintitl:
Detcndunl shull haw no right or privilege to enter or be present on the premises,
o On ut ,111" Delenduntl11uy enter the residence to retrieve his/her clothing and
other personul efleets, provided thut [)elendunt is in the eOl11pany of a law enfilrcement
otlieer when such relrievul is mude,
l&> 3. Defendant Is prohibited from havln~ ANY CONTACT with the Plaintiff at any
10catlon,lncludln~, but not limited to, any contact at the Plnlntlfrs current residence, and any
other residence she may, In the fUlure, establish for herself or her place of employment.
Defendanlls specifically ordered to slay away from the followln~ locallons for the duration of
Ihls Order: PlalntlWs residence localed at 70 Belty nelson Court, Lot 136, Carlisle,
Pennsylvania, and her employment located at Cumberland County Nursln~ Home, Claremont
Road, Carlisle, Pennsylvania.
l&> 4. Defendant shall not contacl the Plaintiff by lelephone or by any other means,
Includln~ third parties.
o 5, Custody of the minor children, [numes of the children subject to the provision of this
puragraph] shall be as lilllows: [Slate to whom primary physical custody awarded; state tenns of
partial custody or visitation. ifany](or see attached Custody Order)
o 6, Delendant shall immediately turn over to the Sherifl's Otlice, or to a local law
entorcement agency tilr delivery to the Sherin's Ofliee, the lollowing tireanns and/or specific
weapons used or threatened to he used by Defendunt in an act of abuse against Plaintitl'nnd/or the
minor ehild/ren:
o 7, Detendant is prohibited fhlln possessing,transterring or acquiring any other tireanns
and/or specitic weapons lor the duration of this Order, Any tireanns and/or weapons delivered to
the sherill'under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not
be returned until further Order of Court,
l&> 8.
The following additional relief Is ~ranted as authorized by ~61 08 offhls Act:
This Order shall remain In effcct until modified or terminated by the Court and
can be extended beyond Its original expiration date If thc Court finds that
Defendant has commilted an act of abuse or has engaged In a pattern or
practice Ihat indicates risk of harm to Plaintiff and/or minor children.
Defcndant Is enjoined from dama~lr.~ or destroyln~ any property owned solely
by Plaintiff.
Defendant Is 10 refrain from harassln~ PlalntlWs relatives or the minor child.
All costs and fees are waived,
o 9, Detendant is directed to pay temporary support 1(lr (insert the names of the persons
for whom support is 10 be paid) as t(llIolI's: (insert amount, lreljuency and other tenns and
conditions of the support order), This Order t(lr support shall rellluin in etlect until a tinal support
order is entered by this Court, However, this Order shulllupse UUlollluticully i fPlaintitl'does not tile
a complaint t(lr support wilh the Court within litleen (15) dllYs of the dllle of this Order, The amount
of this temporary order docs nol necessurily rellect Detendunt's correct support obligution. which
shull be detennined in uccordunee with the guidelines at the support hellring, Any adjustments in
the tinlllumount of support shull be credited, retrollctivc 10 Ihis dUle, 10 the appropriute Pllrty,
o
10.
The cosls of this uction ure wlIived liS 10 Pluintill'und imposed on Detendunt,
o II, Detendunt shull PllY S to Pluil1lill'us cOlllpcnsulion lilr Plaintitl's out-ot:pocket losses,
which ure as lbllows: OR
o Pluintill' is granted leuve to present a petition, with uppropriute notice to Detendunt,
to (insert the nume of the judge or court to which the pctition should be presented)
reljuesting recovery of out-ot:pockellosses, The petilion shull include un exhibit
itemizing ull c1uimed uut-ot:pocket losses, copies ofull bills und estimutes of repair, and an
Order scheduling 1I hearing, No tee sbllll be reljuired by the Prothonotary's ollice tbr the
tiling of this petition,
o
12,
BRADY INDICATOR
o I. The Pluintitl'or protected person/s is a spouse, lbnner spouse, a person who
cohubitutes or hus cohubitcd with Detendunt, a parcnt of a cOlllmon child, u child of thut
person, or a child of Dclendanl.
o 2, This Order is being entercd lItler a hcuring of which Detendant receivl'll actual
notice and bud an opportunity 10 be hcurd,
o 3. Paragruph I of this Order hus bcen checked 10 rest ruin Delcndunt trolll
hurassing, stalking, or threatening Plaintitl'nr prolccted person/s,
o 4. Detcndunt rcpresents a crediblc thrcat to the physiclll sutety of Pluintitl. or
other protccted person/s OR
o The tenns of this Order prohibit Delcndunt trom using, ullcmpting to use, or
threutening 10 use physiclll t(lrCe uguinst I'luinlill'or protectcd person thllt would reusonubly
be expected 10 cuuse bodily injury.
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[29 13. TillS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
o ANY PRIOR ORDER RELATING TO CHll.D CUSTODY,
[29 14. All provisions ofthls Order shall expire one ~'ear from the date this Order Is
entered.
VIOLATION OF THIS ORDER MA Y RESULT IN YOUR ARREST ON THE CHARGE
OF INDIRECT CRIMINAL 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, ~6114,
VIOLATION MA Y ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES
UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL
FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S, TERRITORIES,
AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACTION, 18 U,S,C, *2265, IF YOU 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, ** 2261.2262. IF PARAGRAPH
12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL
PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN
CONTROL ACTION, 18 U,S,C. *922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF
FIREARMS OR AMMUNITION,
NOTICE TO LA W ENFORCEMENT OFFICIALS
The police who havejurisdiction ovcr Plaintill'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 70fthis Order may be without warrant, based solely on probable
cause, whether or not the violation is committcd in the presence of the police, 23 Pa,C.S. ~6113,
Subsequent to an arrest, the police oflicer shall seize all weapons uscd or threatened to be
used during the violation of the Protection Order or during prior incidents of abuse, The
Cumberland County Sheritrs Department shall maintain possession of the weapons until further
Order of this Court, When Defendant is placed under arrest fllr violation of the Order, Defendant
shall be taken to the appropriate authority or authorities befiJre whom Defendant is to be arraigned,
A "Complaint filr Indirect Criminlll Contempt" shall then be completed and signed by the police
oflicer OR Plaintiff: Plainti ft's presence and signllture are not required to tile the complaint.
Ifsutlieientgrllunds for violation ufthis Order are alleged. Defendant shall be arruigned,
bond set and both parties given notice or the dute uflhe heuring,
BY THE COURT.
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Edgar B, Bayley, Judge
-AUJ"lt2" (l1, ~a,.. " U.
Susan M, Barrick, Plaintitl'
This Order is entered pursuant to the consent of Plaintiff and Defendant:
j)~4
David Baker, Jr,. Defendant
~ N..1 l K--T--
Madelaine Balurin, Attorney for Defendant
BATURIN AND BATURIN
717 North Second Street
Harrisburg. P A
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Joan Carey, Attorn
LEGAL SERVIC
8 Irvine Row
Carlisle, P A 17013
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SHERIFF'S RETURN - REGULAR
CASE NO: 1996-00109 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BARRICK SUSAN M
VS,
BAKER DAVID S JR
BRIAN BARRICK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FROM ABUSE was served
upon BAKER DAVID S JR the
defendant, at 12:46 HOURS, on the 2nd day of December
1999 at 501 SHIPPENSBURG ROAD
NEWVILLE, PA 17241 ,CUMBERLAND
County, Pennsylvania, by handing to DAVID BAKER JR
a true and attested copy of the PROTECTION FROM ABUSE
together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER
and at the same time directing His attention to the contents thereof,
Sheriff's Costs:
Docketing
Se;yice
Afhdavit
Surcharge
So ans~ ~
K~mas '~~~~:'~iU~
~/f1'h'~
18,00
7.44
.00
8,00
$.j.j,qq
12/06/1999
by
Sworn and subscribed to before me
this h'~ day of AA-u......L
19 9 '7 A.D,
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