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HomeMy WebLinkAbout00-02806 .~ " _r.'_ '1'[\i' ;. Final Protecti"ln From Abuse Order Page 1 of4 CHRISTINE L HESS : IN THE COURT OF COMMON : PLEAS OF : CUMBERIAND COUNTY, : PENNSYLVANIA Plaintiff v. : No. 00-- l.J>M CCi/.a. ,tE,z-r : ClVIL ACTION - LAW : PROTECTION FROM ABUSE . . FLOR RIVERA, JR. Defendant FINAL ORDER OF COURT Defendant's Name is: FLOR RIVERA, JR. Defendant's Date of Birth is: August 15, 1979 Name(s) of All protected persons, including Plaintiff and minor children: 1. CHRISTINE L. HESS Appearances by Parties andlor Counsel: . Plaintiff appeared personally and is represented by: Nora F. Blair, Esquire . Defendant appeared personally and is unrepresented. AND NOW, this 26th Day of February, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: Plaintiff s request for a fInal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 244 West Dauphin Street, Enola, Cumberland County, Pennsylvania or any other residence where Plaintiff or any other person protected under this https:/Iwww.pfad,org/PF ADLive/finalorder.asp?FinalOrderID=13865&cmdMove=VieW+Co~... 2/25/01 _~..O" . "'J . i<'inal Protection From Abuse Order Page 2 of 4 Order may live, Exclusiye possession of the residence is granted to Plaintiff. Defendant shall haye no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement Defendant is specifically ordered to stay away from the following locations for the duration of this order. Harrisburg Hospital emergency room, 111 South Front Street,Harrisburg, Pennsylvania. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plainrlfl: or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: 1. Acacia S. Hess shall be as follows: o The custody exchanges shall take place at: a place to be determined in the custody proceeding. o H Defendant wishes to establish periods of partial physical custody with the minor child of the parties, Defendant shall pursue such through fIling a Petition to Modify Custody Order in case number 00-2193 Civil Term of the Cumberland County Court of Common Pleas. In no event shall Defendant make contact directly with Plaintiff except as specifically provided in any future custody order. 6. Defendant shall immediately turn over to the Sherifl's Office, or to a local law enforcement agency for deliyery to the Sheriffs Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children. 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. The Defendant has 60 days after expirations of this order to petition the Court for return of confiscated weapons. 8. The costs of this action are waived as to the Plaintiff lUlil WI' 8tled on 1 (Is Dsf91Ulaftt, ~~ NHun.,: https:/Iwww,pfad.org/PF ADLiye/finalorder.asp?FinalOrderlD= I 3865&cmdMoye=ViewrColl.. , 2/25/01 . -'1\ 0- 'Final Protection From Abuse Order Page 3 of 4 B~f~lldallL ~i3' u. dl;J. t;;d Lv ....~J tlu:. l6,s,t.\ of ~ ..'hu..., :...",iIUIiBg; ftliBg fees, ~6 "t;;J. l' u.,~ fe'es, :4l.1.d "w. \.:barge uf 315.99-. DefeRdaBt is IInler e~ to I'AY 8>259.99 t6 Pl"i.l.ldt'f to tclmbl.l.l ~HeF-foF-,.~:- the e91i't q"lih~"a8B ;n this ellse. e... ~ 9. BRADY INDICATOR . The Plaintiff or protected person( s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. . This order is being entered after a hearing of which the Defendant receiyed actual notice and had an opportunity to be heard. . Paragraph I of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). . The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. 10. TIllS ORDER SUPERSEDES: L ANYPRIORPFAORDER 11. All provisions of this order shall expire on: August 26, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY 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. ~61l4, VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. TIllS 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 ACT, 18 U.S,C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TIllS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT, 18 U,S.C ~~2261-2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE https://www.pfad.org/PF ADLive/finalorder,asp?FinalOrderID= 13865&cmdMove=VieW+Coll... 2/25/01 " .~... - '0' '~ ~'" ~ ." ti ... -'Final Protection From Abuse Order Page 4 of 4 ORDER, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S,C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION, NOTICE TO LAW ENFORCEMENT omclALs The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant lDJIY be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 7 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriffs Office shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties giyen notice of the date of the hearing. BYTW V-~~~- Edward E. Guido, Judge ;)./ ).J, I () I Date pursuant to the consent of plaintiff and Distribution to: Plaintiff Defendant Nora F. Blair, Esquire East Pennsboro Police Department Harrisburg Police Department Faxed & Mailed to PSP https://www.pfad,org/PF ADLive/finalorder.asp?FinalOrderID=13865&cmdMoye=VieW+Coll". 2/25/01 ,~~~ J, - ,. -". ~ - ~ CHRISTINA L. HESS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, FLOR RIVERA, JR., Defendant PROTECTION FROM ABUSE NO, 00-2806 CIVIL TERM IN RE: CONTINUANCE ORDER OF COURT AND NOW, this 8th day of December, 2000, at the request of both parties, this matter is continued to Monday, February 26th, 2000, at 8:30 a.m. Pending said hearing, our order dated May 5, 2000, shall remain in full force and effect. Edward E. Guido, J. Christina L, Hess 244 West Dauphin Street Enola, PA 17025 laf>~ ~ J7..-/~-OO I?X.s Flor Rivera, Jr. 417 Reno Avenue Apartment: 2A New Cumberland, PA 17070 :lfh m_lllM~_'.jJ,.:.rr!l!:~Itii!~illWIllliin,* ~~J;.,.d. CLocKed. i).[ ProthotJO k~'s OJ:j:1r.e. J ~-JJl.-()O ~~Jiflt OR .lif-......,,,..... .'., ' ~Il "'L', iIIr" .... _WI " - ~- j , SEP 26 2oo0vfJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CHRISTINA L. HESS, Plaintiff, Civil Action -Law Y. FLOR RIVERA, JR., Defendant 00-2806 PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this Jt,14- , day of ~ , 2000, the hearing scheduled on September 29,2000 at 9:00 a.m. in Courtroom Number 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania shall be rescheduled to the 8th, day of December, 2000 at 8:30 a.m. in Courtroom #5 Cumberland County Courthouse, to allow plaintiff to locate the whereabouts of defendant for the purpose of providing proper service of the proceeding. IT IS FURTHER ORDERED, that the Temporary Protection of Abuse Order entered on the 15th day of May, 2000 shall remain in full force and effect pending said hearing. c.c. Gregory S. Hazlett, Esq, 20 South Market Street Mechanicsburg, P A. 17055 J, FlorRivera, Jr, 343 South 14th Street ffitrrisburg, PA, 1 '7l'04 . ., CfiO\~~ . i: ..~',. -"~~.., ~1!tIfll ,~ ,_ ,..,."~"...,.,..~,rl~ ~1 f' """T:"":"'~ ~~ i l,ED.-{}:.:"'flCE OF T':OTHOi'iOTARY 00 SEP 28 Pr\ 2: 53 C. I' . "'.. '. ,.., "(')' 'N1Y Ulyjt)t:ftj-\j\JU l.; ~ UI PENNSYLVAt\lIA ~ .."!' ~"""''''''',''''r-''''''''' __.~~!im!llliQ'''ll1Jim~~~!''rnQ,'l\~.",~~..",~lll!fl_ - , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CHRISTINA L. HESS, Plaintiff, Civil Action -Law v. FLOR RIVERA, JR., Defendant 00-2806 CRIMINAL TERM PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this if"" , day of --h ' 2000, the hearing scheduled on July 6th, 2000 at II :00 a.m. in Courtroom Number 5 of the Cumberland County Courthouse, Carlisle, Pennsylyania shall be rescheduled to the 29th, day of September, 2000 at 9:00 a.m. in Courtroom #5 Cumberland County Courthouse, to allow plaintiff to locate the when;abouts of defendant for the purpose of providing proper service of the proceeding. IT IS FURTHER ORDERED, that the Temporary Protection of Abuse Order entered on the 15th day of May, 2000 shall remain in full force and effeCt pending said hearing. 1'0.0-0 C.C. Gregory S. Hazlett, ESq) . ';.~ 20 South Market Street ~- Mechauicsburg, PA. 17055 ~ t<. ~ ~'~ ~. C}. J. Flor Rivera, Jr. 343 South 14"' street . Har~burg,PA. 17104 ~ I. " ~--~ FiLED-~J;:F1Ct nr: f~.-~'i~;TLr,,;'J)T,t\RY 00 JUL 1 0 A~~ 8: hi CUMEJ[:F;L;'-'J",,!D COUNTY PENi'lSYLVAN1A ,-JI ~~~:~~~m", "",H~ ~~,~, 1",)11-,. ""'-...J.f'il~II~nt::~'~m-$ft~Y!!l'lm~"-rm~-r~'~ ,.,."h_ ',- - ~,~' ", ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA CHRISTINA L. HESS, PlaintifI: Civil Action -Law v. FLOR RIVERA, JR., Defendant 00-2806 CRIMINAL TERM PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this ~ - ,day of lJl.J.AlL , 2000, the hearing scheduled on June 8, 2000 at 11:30 a.m. in Courtroom Number 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania shall be rescheduled to the ~ -6IJ ,day of v--;" / t/ , 2000 to allow plaintiff to locate the whereabouts of defendant for the L5J II:Od A.In. _ C't1w.td'~(Jm .!;-. purpose of providing proper service of the proceeding. IT IS FURTHER ORDERED, that the Temporary Protection of Abuse Order entered on the 15th day of May, 2000 shall remain in full force and effect pending said hearing. cc: CtC.e.~IVV J..iA z./d!; E~cf. ,,;,a lM~t ~-;.. .s;, fA m~I//'-'6ulL6 ~ / 7111:., :J fkte. ,4'.. v(/lji Q,j~. .J'l-3 S. l~tA 1;. I-IA'clt/.sJ~ /Jq. 171tJ sL / BY THE COURT, J. _ E"a' wAa..,! E. b"",'dd) V. ~ 0o.-~q. C -e,S O~\ a ,00 lP' 7.1 ~(;J ~ " ".......~ .. --- pi r:D-(\cFIC" 'ol_~_ VI <- ("IF' ~. [','-""" .,'., 1('T,Ar\Y ~ , I~ ';,);"'1\..);\_......' 1'\11 00 JUN -8 M1 9: 05 CUM8ERLN,ID COUNTY PEi\JNSYLVAN!.!\ ~~~_~'DiiiIimU!lt ~,~Ji~Iif!~ffi\lWIfl'I!I\I!!i}'~~!f~~~~I!l~~!ll~Bff~!'fII!W,~~~_ '""1'--" ' ~~~ ~-,..- "!',' , ,~,' ~. ,--~", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CHRISTINA L. HESS, Plaintiff, Civil Action -Law v. FLORIUVERA, JR., Defendant 00-2806 CRIMINAL TERM PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this ~ - , day of l.)uAlL , 2000, the hearing scheduled on June 8, 2000 at 11:30 a,m. in Courtroom Number 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania shall be rescheduled to theL., ~ ,day of V~ / t/ , 2000 to allow plaintiff to locate the whereabouts of defendant for the t::@ II: 0 () A. 111. _ C.1I....Id~() m !T. purpose of providing proper service of the proceeding. IT IS FURTHER ORDERED, that the Temporary Protection of Abuse Order hearing. entered on the 15th day of May, 2000 shall remain in full force and effect pending said TRUE COpy FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This ......1.,. .. d y of..3iuS,e...., .00. prothb~~- cc" CtU.Cotr;V ~ z.!E.:11; L'~q. ';"1) ll1It~f ~-f. S#CA-fA m~II/CS6u~ fA. / 7~ j BY THE COURT, fh,te. ;(.. vtteA [j-;e. .11-3 S. /9tA .tI. I-bvUl./.s!J/A/U, /jq. I 7 j d "L / - U. J. .E:'ttI WAa..,! E. b",,-,C4(); ~';;;',:~,,,'--- 0, j. o o 5 C!lw '(!l we 0::> 0:-' ~ W " III '" '" w," a:r <(0 ::>" or 00<( wz 00<( ::>~ 0)- J:oo I-z a:z ::>w 0.. II _ Ww z..J o!!l ..J a: <( II \ \ I \ , \ , \ , ...,. ~ = ..., ;:: .{""' ..... ~f;ol< ~"-f;olr;a~ .(~.. ""'M.: ~ '" " (t.~ := ~~~O !Xl L~i::s '"" '" ~-.; ~ . ~:.~ ~ ; .... ," t f t: ",-il' ~ ..... . - ~ "";: - "";: 'l: -Z - . = -;::;; ;; '""':: . . =E, . ~ . - - . = == ..;;; ('.1 ,:'.1 .... .-;"9 (-) -, (<i '-fr. ".': t:) J,.;" ,y" ((< (? I <t IS! ... J'o .... SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-02806 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HESS CHRISTINA L VS RIVERA FLOR JR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RIVERA FLOR JR 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 On May 24th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge DEP, DAUPHIN CO 18,00 9.00 10,00 25,50 .00 62,50 OS/24/2000 ~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me day of ~ this J~ dAnro A.D. W. ,f2 )u ,01-,-, # Prothonotary - ll,... ~.~ @iiite of tqt ~4triff William T. Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Rea! Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania l7l 0 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania HESS CHRISTINA L vs County of Dauphin RIVERA FLOR JR Sheriff's Return No. 1083-T - -2000 OTHER COUNTY NO. 00-2806 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for RIVERA FLOR JR the DEFENDANT named in the within PROTECTION FROM ABUSE,NOTICE,ORDER & PET and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, May 12, 2000 AS PER FATHER, DEFT MOVED OUT A LONG TIME AGO. before me '"" ~." ~::;;oo So Answers, ?f~ Sworn and subscribed to Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO ._- . '~ .'"'ill 'In The Court of Common Pleas ofCumberhmd County, Pennsylvania Christina L. Hess VS, Flor Rivera, Jr. No. 20-2806 Civil Now, 5/5/00 , 20 () () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .' r~~~# Sheriff of Cum beT land County, PA Please Confiscate any and all Firearms and contact Cumberland County to arrange piCk-up Affidavit of Service Now, ,20 , at 0' clock M. served the within upon at by handing to a copy of the original and made lmown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE :MILEAGE AFFIDA VIT $ $ MAY - 5 200~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA L. HESS Plaintiff, No. 01J - ;J..'ifbG, ~ I..u- v. Civil Action - Protection From Abuse FLOR RIVERA, JR. Defendant NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you IIIUS[ appear at the hearing scheduled herein. If you fail to do so the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition, In particular, you may be evicted from your residence and lose other important rights. A hearing on the matter is scheduled for the L5' if- day of M ~ ,2000, at %:30 A _m in Coumoom~" , at Cumberland County Courthouse, Carlisle, ennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa,C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law 18 U,S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U .S, TerriTOries and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject,' to federal criminal proc-nings under the Violence Against Women Act. 18 U.S,C. ~~2261-2262 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE A RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT HOWEVER, APPOINT A LAWYERFOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD OlliE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT FIND A LAWYER YOU MAY HAVE TO PROCEED WITHOUT ONE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 ,} "j ,~ ~) c, . .:~ " "" , ~ .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA L. HESS Plaintiff, No. lhl. .J. 'iD{, ~ T..Q.v- v. Civil Action - Protection From Abuse FLOR RIVERA, JR. Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Flor Rivera, Jr. Defendant's Social Security Number (if known) is: unknown Defendant's date of birth is: August 15, 1979 Names of All Protected ~rsons, including Plaintiff and minor child/ren: Christina L. Hess; Acacia S. Hess AND NOW, this 51!!:' day of ~ ' ~ , upon consideration of the attached Petition for Protection from Abuse. the court her y enters the following Temporary Order: [x 1 1. Defendant shalI DOt abuse, harass. stalk or threaten any of the above persons in any place where they might be found. [xl 2, Defendant is evic:ed and excluded from the residence at (NOl'iCONFJDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED) or any other permanem or temporary residence where Plaintiff may live. PIaimiff is granted exclusive possession of the residence, Defendant shall have no right or privilege to enter or be present on the premises. [xl 3. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this ' Order, Defendant is prohibited from having ANY CONTACT WITH Plaintiff at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order. [x 1 4. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant shalI nO! contact Plaintiff by telephone or by any other means, including through third persons. [x 1 5. Pending the outcome of the fina1 hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren Acacia S. Hess. Until the final hearing, all contact between Defendant and the child/ren shalI be IimiIed 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 the Plaintiff in accordance with the terms of this Order, [x 1 6. Defendant sha1I immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs office, Any firearms in Defendant's ownership or possession Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order, [ 1 7. The following additional relief is granted: .-~ " ~ ~ "'''-, [x 1 8. A certified copy of this Order sball be provided to police deparunent where Plaintiff resides and any other agency specified hereafter: [xl 9. THIS ORDER SLl'ERSEDES [x 1 ANY PRIOR PFA ORDER AND [x 1 ANY PRIOR ORDER RELATING TO CHlLD CUSTODY. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFfER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is pnni<h.hl.e by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. ~ 6114, Consent of the Plaimiff to Defendant's return to the residence shall not invalidate this Order, which can only by changed or modified through the filing of appropriate conn papers for that purpose. 23 Pa.C.S, ~ 6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~ ~ 2261-2262. :SOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, If defendant violated Paragraphs I through 6 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to any arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order. which office shall maintain possession of the weapons until further Order of this court, unless the weaponfs are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT: fv!u%/~~AL tV " ;' ? :l.A7f1J Date ' rRUe COpy FROM RECORD In Testimony whereof, I here unto set my hand and too ssal of said Court at Cafl.lskl, !la. This tj: '/ ~~ ~ ':;;f , : ~~ril Prothonotary . L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA L. HESS Plaintiff, No. If) - .2.'10(, Ciu.:J. ".i<.- v. Civil Action - Protection From Abuse FLOR RIVERA, JR. Defendant PETITION FOR PROTECTION FROM ABL'SE 1. Plaintiff's name is: Christina L, Hess 2, I am filing this petition on behalf of: [ x ] Myself and/or [x ] Another Person If you checked" myself, .. please all questions referring v yourself as "Plaintiff... If you checked another person, .. please answer all questions referring to that person as the" Plaintiff, .. and provide your address here, unless conjidentia1: If you checked "Another Person, .. indicate your relationship with Plainiff: [x] parent of minor Plaintiff(s) [ ] applicant for appointment as guardian adlitem of minor Plaintiff(s) [ ] adult household member with minor Plaintiff(s) [ ] court appointed guardian of incompetent Plaintiff(s) 3. Name(s) of ALL person(s), including Plaintiff and minor children who seek protection from abuse: Christina L. Hess; Acacia S. Hess. 4. [ ] Plaintiffs address is confidential or, [x] Plaintiff's address is: 244 West Dauphin Street, EnoJa, PA 17025. 5. Defendant is known to live at the following address: 343 South 14'" Street, Harrisburg, P A 17104. Defendant's Social Security Number (if known) is: unknown Defendant's date of birth is: August 15,1979 Defendant's place of employment is: Unemployed [ ] check here if defendant is 17 years old or younger 6. Indicate the relationship between Plaintiff and Defendant. [ ] Spouse [ ] Current or fo~r sexual/intimate partner [ ] Other relationship by blood or marriage [x ]Ex-spouse [ ] Parent/Child [ ] Persons who live or have lived like spouses [ ] parents of the same children [ ] Brother/Sister 7. Have Plaintiff and Defendant been involved in any of the following coun actions? [ x ]Divorce [x] Custody [x] Support [ ] Protection from Abuse If you checked any of !be above, briefly indicate when and where the case was filed and the court number if known: December 1999; Cameron County Court of Common Pleas; (Divorce); 00- 2193 CivilTerm, April 1"', Cumberland County (Custody), 2971001151, Cumberland Co. DRO (Support). . - -, I I 8. Has the Defendant been involved in any criminal court action? MnItiple Offenses Pending in 3 Counties, Escape Charges, Robbery, Simple Assault, Retail Theft. Disorderly Conduct. If you answered yes, is the Defendant currently on probation? Not presently 9. Plaintiff and Defendam are the parents of the following minor child/ren: Acacia S. Hess: 4 years old: 244 West Dauphin Street, Enola, PA 17025. 10. If Plaintiff and Defendant are parents of any minor child/ren together, is there an existing court Order regarding their custody? No. If you answered Yes, describe the terms of the Order (e.g., primary, shared, legal and or physical ,custody): Conciliation hearing is pending. If you answered Yes. in what county and state was the order issued? Cumberland, Pennsylvania If you are now seeking an Order of child custody as part of this petition, list the following infonnation (a) Where has each child resided during the past five years? (b) List any other persons who are known to have or claim a right to custody of each child listed above: 11. The following other minor child/ren presently live with Plaintiff? 12, The facts of the most recent incident of abuse are as follows: Approximate Date: April 25, 2000 Approximate Time: 8:30 p.m. ; Place: Plaintift"s workplace: Defendant threatened plaintiff during phone call stating "I'D finish you off" . Approximate Date: April 13, 2000: Approximate Time: 1:30 p.m. ; Place: Plaintiffs workplace Defendant called plaintiff and verbally threatened "If I were you I wouldn't show up at work anymore. 13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor child/ren, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred: Defendant has history of physical assault towards plaintiff for which he was incarcerated in 1998. Abuse consisted of punching plaintiff in face, hitting her until she was unconcious and attempting to wrap a phone cord around her neck. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child/ren: Defendant is believed to have weapons but threats did not specify. 15. Identify the police department or law enforcement agency in the area in which Plaintiff lives that should be provided v.ith a copy of the protection order: East Pennsboro Township, P .D. 16. There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [ ] Plaintiff is asking the court to evict and exclude the Defendant form the following residence: [ 1 owned by (list owners, if known): [ 1 rented by (list all names, if known): [x 1 Defendant owes a duty of support to Plaintiff and/or the minor child/ren, [xl Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Attorneys fees plus filing fees and sheriffs costs to be assessed at the time of hearing. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COL'RT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING (CHECK ALL FORMS OF RELIEF REQUESTED): [xl A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found, [xl B. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or pennanent residence of the Plaintiff. [ 1 C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. [xl D . Award Plaintiff temporarY custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren. [xl E. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff s school, business, or place of employment. except as the court may find necessary with respect to partial custody and/or visitation with the minor/children. [x 1 F. Prohibit Defendant from having any contact with Plaintiff s relatives and Plaintiff s children listed in this Petition, except as the court may find necessary with the respect to partial custody and/or visitation with the minor child/ren, [xl G. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. [xl H. Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical support and [ 1 payment of the rent or mortgage on the residence. [xl 1. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. [xl J. Order Defendant to pay the costs of this action, including filing and service fees, [xl K, Order Defendant to pay Plaintiffs reasonable attorney's fees. [x] L. Order the following additional relief, not listed above. [x 1 M. Grant such other relief as the court deems appropriate. [xl N. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing, The petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served, sjsjoo "j- , VERIFICATION ',~, " "~ " ' I verifY that upon personal knowledge or information and belief:hat the statements made in this Protectioin From Abuse Petition are true and correct I understand that false statements herein are made subject to the penalties of:8 Pa.C.S. ~ 4904, rela . to unsworn falsification to authorities. p Date:Mw . ;~ ~ \~ ,~ '(~, ,.. l.l--'~ ~'.'. t; U,.1 :;::) cI-.:c. r' > ..... .- ..... ,,-' ,) to,. ; , I,.f? -y ,-,J ~ ::.) ".. G_ "- c' ."" 0 ::c: 1'.,,1_ ...~~ffl'J1.J,,I,,~, u ,'\ 1 i ~> i~; C ~i':[Rlr~'S "'i.iiri ::-.:JIP.J1 1 ~ 1 ", ,_ _ ~.' '. !;,; :' J" ~', :~ f- , -~ -' ~,"'.-- -,- '~ it' =, ~""~liilfli( ~ Giril ~ ~ ~ ijt~~I~"""~"'''''''C,,;,Ip,!MW~~~lIlI~~~~,"",~,"~ 'T~"~. CHRISTINA L, HESS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 00-2806 CRIMINAL TERM FLOR RIVERA, JR., Defendant PROTECTION FROM ABUSE IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, this 15th day of May, 2000, it appearing that the notice of today's hearing may not have been served on the Defendant, this matter is continued until June 8, 2000, at 11:15 a.m. in Courtroom Number 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania, Plaintiff is directed to make service upon the Defendant of this order setting the new hearing date. Pending said hearing, our temporary Protection from Abuse order entered on May 5, 2000, shall remain in full force and effect. By the Court, Flor Rivera, Jr. 343 South 14th Street Harrisburg, PA 17104 Edward E, GU~~, OJ.; ~ -I'~ 5-/~-()O RKs Lee E. Oesterling, Esquire For the Plaintiff :mae r _""--JI!III!!MlIIII! """,'T".;"".,!IJ!ll!IIl!III!~ ,"~.. _'e._ __~ 0,'" - FiU::rl ^. 'r ! {-le ;;-;::"'" -Vr"f-I('f: ""'-: i....:Jr"}Tc/Ay,4. a ' . . "",OlARY ~Of1.4YIL' v AN 8' .... CL11'h ' !.] Vi!:}', ':'f.A' . , 1.-/. ""'1' pt-,' ~ :/\',) ("~'f c:.Ni'iS"z I .'-".J,j;VJ'y '-V,l.i!VIA ' . III ", , ,,,,:~.,~,.,;'~'~ ,~P'?-i.-O; !7l[~ ,_L LJJlI~~~ - ""- ,?'. ~" '1 " :!\~ (f2 - I . MAY - 5 ZO~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA L. HESS Plaintiff, No. (nJ - ;2?be., ~ t..u..- v. Civil Action - Protection From Abuse FLOR RIVERA, JR. Defendant NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must appear at the hearing scheduled herein. If you fail to do so the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on the matter is scheduled for the / Sill day of./lJA V ,2000, at 8..;3() A .m in Courtroom _'5" , at Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S, ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~~2261-2262 YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE, YOU HAVE A RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT HOWEVER, APPOINT A LAWYERFOR YOU. 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 LEGAL HELP. IF YOU CANNOT FIND A LAWYER YOU MAY HAVE TO PROCEED WITHOUT ONE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 "~ ~ -. ~ "~ '0 - 'O^' ~" ~, '-. f1l~E OF ThE PROl}IONOTARY 00 HAY - 5 Mill: 0 ! CUMBERLAND COUNTY PENNSYLVANIA :"j~, ~~ ~~_"',~ ",...,,_~t^ , ~,~~,", e ~J'I1II~~~'.' ~l<l'!'l'_~~~ifiIl'i~~~m..1%~~. ,i~"n~~~jl~l';l~~l1'WJ:~i!'i!!'f",~~,""'~ll!lj-. ^' ~T.~""'!' J'l!~ , . "~ '~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA L. HESS Plaintiff, No. {hi.- ;;i.. ~(" (1...1;;1 - /,Lv- v. Civil Action - Protection From Abuse FLOR RIVERA, JR. Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: F10r Rivera, Jr. Defendant's Social Security Number (if known) is: unknown Defendant's date of birth is: August 15, 1979 Names of All Protected Persons, including Plaintiff and minor child/ren: Christina L. Hess; Acacia S. Hess AND NOW, this ~daY of /1119 V ,,J,OOIJ, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: [x 1 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. [xl 2. Defendant is evicted and excluded from the residence at (NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED) or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises, [xl 3. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT WITH Plaintiff at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order. [x 1 4. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. [x 1 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren Acacia S. Hess. Until the fmal 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 chiId/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. [x 1 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs office. Any firearms in Defendant's ownership or possession Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. [ 1 7. The following additional relief is granted: ~ , . " . j;j I , [x 1 8. A certified copy of this Order shall be provided to police departtnent where Plaintiff resides and any other agency specified hereafter: [xl 9. THIS ORJDER SUPERSEDES [x 1 ANY PRIOR PFA ORDER AND [x 1 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 10. THIS ORDER APPLIES IMMEDIA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months injai1. 23 Pa.C.S, ~ 6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only by changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~ 6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~ ~ 2261-2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violated Paragraphs 1 through 6 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to any arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff s office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. (;.,.. BY THE COURT: ~~, I/#... 7 ~d.wo.d E. ~p, '1 ~ Date G...'d.e -z.,o"o , - - ~ ~. '..', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA L. HESS Plaintiff, No. ()1J - :J. StJl:' ().,";..d I~ v. Civil Action - Protection From Abuse FLOR RIVERA, JR. Defendant PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Christina L. Hess 2. I am filing this petition on behalf of: [x 1 Myself and/or [x 1 Another Person If you checked "myself, " please all questions referring 10 yourself as "Plaintiff." If you checked another person, " please answer all questions referring to tfuu person as the" Plaintiff, " and provide your address here, unless confidentiaL' If you checked "Another Person," indicate your relationship with Plairtiff.' [x] parenJ of minor P/aintiif(s) [ ] applicant for appoinJment as guardian adlitem of minor PlainJiff(s) [ ] adult household member with minor PlainJiif(s) [ ] court appointed guardian of incompetent Plaintiif(s) 3. Name(s) of ALL person(s), including Plaintiff and minor children who seek protection from abuse: Christina L. Hess; Acacia S. Hess. 4. [ 1 Plaintiff s address is confidential or, [ x 1 Plaintiff s address is: 244 West Dauphin Street , Enola, PA 17025. 5. Defendant is known to live at the following address: 343 South 14th Street, Harrisburg, PA 17104. Defendant's Social Security Number (if known) is: unknown Defendant's date of birth is: August 15, 1979 Defendant's place of employment is: Unemployed [ ] check here if deferukmJ is 17 years old or younger 6. Indicate the relationship between Plaintiff and Defendant. [ 1 Spouse [ 1 Current or former sexual/intimate partner [ 1 Other relationship by blood or marriage [x lEx-spouse [ 1 Parent/Child [ 1 Persons who live or have lived like spouses [ 1 parents of the same children [ 1 Brother/Sister 7. Have Plaintiff and Defendant been involved in any of the following court actions? [x lDivorce [x 1 Custody [x 1 Support [ 1 Protection from Abuse If you checked any of the above, briefly indicate when and where the case was filed and the court nttmber if known: December 1999; Cameron County Court of Common Pleas; (Divorce); 00- 2193 CivilTerm, April 17"', Cumberland County (Custody), 2971001151, Cumberland Co. DRO (Support). : 8. Has the Defendant been involved in any criminal court action? Multiple Offenses Pending in 3 Counties, Escape Charges, Robbery, Simple Assault, Retail Theft, Disorderly Conduct. If you answered yes, is the Defendant currently on probation? Not presently 9. Plaintiff and Defendant are the parents of the following minor child/ren: Acacia S. Hess; 4 years old; 244 West Dauphin Street, Enola, PA 17025. 10. If Plaintiff and Defendant are parents of any minor child/ren together, is there an existing court Order regarding their custody? No. If you answered Yes, describe the terms of the Order (e.g., primary, shared, legal and or physical custody): Conciliation hearing is pending. If you answered Yes, in what county and state was the order issued? Cumberland, Pennsylvania If you are now seeking an Order of child custody as part of this petition, list the following information (a) Where has each child resided during the past five years? (b) List any other persons who are known to have or claim a right to custody of each child listed above: 11. The following other minor child/ren presently live with Plaintiff? 12. The facts of the most recent incident of abuse are as follows: Approximate Date: April 25, 2000 Approximate Time: 8:30 p.m. ; Place: Plaintiff's workplace; Defendant threatened plaintiff during phone call stating "I'll finish you off" . Approximate Date: April 13, 2000; Approximate Time: 1:30 p.m. ; Place: Plaintiff's workplace Defendant called plaintiff and verbally threateued "If I were you I wouldn't show up at work anymore. 13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor child/ren, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred: Defendant has history of physical assault towards plaintiff for which he was incarcerated in 1998. Abuse consisted of punching plaintiff in face, hitting her until she was unconcious and attempting to wrap a phone cord around her neck. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child/ren: Defendant is believed to have weapous but threats did not specify. 15. Identify the police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: East Pennsboro Township, P .D. 16. There is an innnediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [ ] Plaintiff is asking the court to evict and exclude the Defendant form the following residence: - ~" , . [ 1 owned by (list owners, if known): [ 1 rented by (list all names, if known): [x 1 Defendant owes a duty of support to Plaintiff and/or the minor child/ren. [xl Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Attorneys fees plus tiling fees and sheriff's costs to be assessed at the time of hearing. FOR THE REASONS SET FORm ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER BEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING (CHECK ALL FORMS OF RELIEF REQUESTED): [xl A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. [xl B. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [ 1 C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. [xl D. A ward Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and chiJd/ren. [xl E. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may tind necessary with respect to partial custody and/or visitation with the minor/children. [x 1 F. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this Petition, except as the court may tind necessary with the respect to partial custody and/or visitation with the minor child/ren. [xl G. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. [xl H. Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical support and [ 1 payment of the rent or mortgage on the residence. [xl I. Direct Defendant to pay Plaintiff for the reasonable tinanciallosses suffered as the result of the abuse, to be determined at the hearing. [xl J. Order Defendant to pay the costs of this action, including fIling and service fees. [xl K. Order Defendant to pay Plaintiff's reasonable attorney's fees. [x 1 L. Order the following additional relief, not listed above. [x 1 M. Grant such other relief as the court deems appropriate. [xl N. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. .flu/Of) =" .,. . . , ' VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Protectioin From Abuse Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, rela . to unsworn falsification to authorities. Date:~ I I: I: 1,~",1l -'''"'''- ,'~ '__1~!iidildHilllirn.~~~~~i!\I!~_1 A~,,_ ti " t\ l~ ~ "l:I -,Q fi!! L .~ -, ~- ,- - . ~.~ -" " h'"~ " ~~-".n'L:Mlilii~"~" ,'0_ o c -oS: mQ:J ":'7fq .0;...:27 Zt;..,- (/)~-> ~-, ~.o<:::.., ':0;:0 )>~ Zu -0 )>c;: ?' ~ w nnlnUllii .Iiij.,"'" -I -" d~ '-<, , , ,0 0' '(:;:L, t'J" ~ '.~'~-~m ~.:-.i"""".' J, .~,~~"' !; T....~!J.-ill S' ~em: :..> j;!"" CJ) 2l ~ - ~..... '"" Final Protecti~ From Abuse Order Pagelof4 i.' , 4 CHRISTINE L. HESS : IN THE COURT OF COMMON : PLEAS OF : CUMBERlAND COUNTY, : PENNSYLVANIA Plaintiff v, FLOR RIVERA, JR : No. 00- ~?IJ' C;rvL5Z, r€4...-r : CIVIL ACTION -LAW : PROTECTION FROM ABUSE . . I i. . Defendant FINAL ORDER OF COURT Defendant's Name is: FLOR RIVERA, JR. Defendant's Date of Birth is: August 15, 1979 Name(s) of All protected persons, including Plaintiff and minor children: L CHRISTINE L. HESS Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Nora F. Blair, Esquire . Defendant appeared personally and is unrepresented. AND NOW, this 26th Day of February, 2001 the court having jurisdiction oyer the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and withont a finding of abuse by this court: Plaintifrs request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 244 West Dauphin Street, Enola, Cumberland County, Pennsylvania or any other residence where Plaintiff or any other person protected under this https:/Iwww.pfad.org/PF ADLive/finalorder.asp?FinalOrderID= l3865&cmdMove=ViewtCol1,. 2/25/01 - ."~' ' - Final Protection From Abuse Order Page 2 of 4 . . Order may live, Exclusive possession of the residence is granted to Plaintiff Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Harrisburg Hospital emergency room, 111 South Front Street, Harrisburg, Pennsylvania. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: 1. Acacia S. Hess shall be as follows: . The custody exchanges shaH take place at: a place to be determined in the custody proceeding. . If Defendant wishes to establish periods of partial physical custody with the minor child of the parties, Defendant shall pursue such throngh filing a Petition to Modify Custody Order in case number 00-2193 Civil Term of the Cumberland County Court of Common Pleas. fu no event shaH Defendant make contact directly with Plaintiff except as specifically provided in any future custody order. 6. Defendant shall immediately turn over to the Sherifi's Office, or to a local law enforcement agency for delivery to the Sherifi's Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children. 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. The Defendant has 60 days after expirations of this order to petition the Court for return of confiscated weapons. 8. The costs of this action are waived as to the Plaintiffllflilim}lllSlId on ~(, ];)ef!f1~t, "'13 r"H"n'13: https:/!www.pfad,org/PF ADLiye/finalorder.asp?FinalOrderID=13865&cmdMove=VieW+Con.,. 2/25/01 ,..~,~w ~ ~ .,- Final Protection From Abuse Order Page 3 of 4 B~r~....dAllI.t i~ UJ. lh.. ~d tv "'-.1 till. Li).Jh. ~ l~ en. b.".., :.....d_~ -'K..e fees, ~6 "~.I. . :........ f~~, A.....d ~IU. ~-b.arge of J1.:'l.8S. DefetlYBt is lIf'lkl ell t() !)ll) !&259.9Q t6 Pl"';lImT to relnlb... ~t\ her fm.<..,.~ tht elll~ <)"lk~AhBB :n <1.:s eBst!. e.... ~ 9. BRADY INDICATOR . The Plaintiff or protected person( s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant, . This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. . Paragraph I of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person( s), . The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. 10. TIllS ORDER SUPERSEDES: 1. ANYPRIORPFAORDER 11. All provisions of this order shall expire on: August 26, 2002 NOTICE TO THE DEFENDANT VIOLATION OF TIllS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT wmCH IS PUNISHABLE BY A FINJE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS, 23 PA.C.s, ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. TIllS 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 ACT, 18 U.S,C, ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TIllS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT, 18 U.S,C ~~2261-2262, IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE https:/Iwww,pfad.org/PF ADLive/:finalorder,asp?FinalOrderID= 13865&cmdMove=VieW+Coll... 2/25/01 -~~~ - '_ _" c, Finat Protection From Abuse Order Page 4 of4 . ' ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintifi's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 7 of this order may be without warrant, based soley on probable cause, whether or not the violation is cottnnitted in the presence of the police. 23 Pa, C. S, ~6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse, The Cumberland County Sheriff's Office shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned, A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintifi's presence and signatllre are not required to file the complaint, If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing, BY~ ~,.. Edward E. Guido, Judge ;;, I ;./'I () I Date pursuant to the consent of plaintiff and Defendant's S' Distribution to: ' PI . tiff '.1 /ljp '1{........ i3c~, {} - . am - bf'I C;W<-<- '" r~71 - 7 Defendant -~ ~ J, SR.r: -~.L, NoraF.Blair,Esquire ~~~Mii~ C.f.rSu...I!.~ East Pennsboro Police Department Harrisburg Police Department Faxed & Mailed to PSP ,. c. P. ;;1. - ;J 1,.. /) I https:/Iwww,pfad.org/PF ADLive/finalorder.asp?FinalOrderID= I 3865&cmdMoye=ViewtCon". 2/25/0 I ;;;ilr,~,j, ~"""~'~"'''~~~1!!ll!IiIiIiIiIiiIlii~ID&ifa...~ ~.,,-" ':,'~"ji,,"!MtiI~~g!i!iii.~__t_-~- \ ...... Ii"- ~~illlllillllllliii- o S; -:-0-"'-:"- {1'/ t:.-, ~:-l_: (;j t:',- ;:$ ~"~~' KC-' _,e> !f8~ c: -i::: ~i - -,.., !'"1'1 ':~,:) j"..,.J 0', ~ " ~ -. 9? :J') (}) - C,',:, '.J ~:~~ -0;: -- , -q ~~ - 02/26/dl MON 10:18 FAX 717 240 6573 - J~, CUMB CO PROmONOTARY 141001 *************************** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2477 ERROR [ 01l9p2405331 [ 04]92490779 CENTRAL PROCESS PSP . OFFICE OF '!HE PRamCKJrARY CUMBERLAND UXJNTY OOURTHOOSE eM: CUJRnlCVSE OOUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R 1'0: C-- P. PA STATE POLICE j; " FAX /I: 717-249-0779 FRCM: CURTIS R. LONG RE: PPA ORDERS :i I :i j' MESSAGE: ~':~.~. 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