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Home My WebLink About97-05099 Defendant : IN TlIE COURT OF COMMON PLEAS OF : CUMDERI.AND COUNTY, PENNSYI,V ANIA : NO. 97.S099 clVn. TERM : PROTECTION FROM ABUSE Robin A. Phi1lipll, Plaintin v, Wilbllrto Salcedo, PR9Tt:CTlON ORln;R AND NOW, this l~"day of "..~.IY~, 1 1997, upon consideration of the Consent Agreement of the partiey, the foUowinp, Order is entered: 1. The defendant, Wilbcrto Salcedo, is enjoined from. physically abusing the plaintiff, Robin A. Phi1lips, or from placing her in lear of abusc. 2. The defendant is eiUoined from having any direct or indirect contao:t with the plaintiff or her minor children including. but not limited tu, telephone and written communications. 3, The defendant is ordered to refrain fmm harassing and stalking the plaintiff and from hlltwins the plaintiff's relatives and her minor children. 4, The defendant is prohibited from entering the plaintiff's places of employment. S, The defendant is prohibited from removing. damaging. destroying or scUing any property owned by the plaintiff. 6. The defendant is ordered to slay away from the plaintift's l'C8idcncc located at 31 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 7. The defendant is ordered to pay for or repair to the plainliff's satisfaction the bathroom door and the front door at her residence which were damaged on or about June 1997, and July 14. 1997. within 90 days of the entry of thia Order, An award under thiI l:haptcr ahaIl not constitute II bar 10 litialltion for ciw damages for ollter ir\iwies suslllined from lite acls of abuse giving rise to litis award, 8, The coUJ1 costll and fees are waived. 9, This Order sh.all remain in effect tor a period of one year or until modified or lenninated by lite CoUJ1. The Order can be extended beyond its orip expiration date if lite CoUJ1 finds that lite defendant has committed anollter act of abuse or has enpged in a pattern or practice: lItat indicates continued risk of hann to the plaintiff, 10. A violation of this Order may subjeclllte defendanllo: i) arresl under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C.S, ~6113.1; iii) a charge of indirect criminal contempl under 23 Pa.C.S" ~6114. punishable by imprisorunent up to si", monllts and a fine of SIOO.OO-SI,OOO,OO; and iv) civil contempt under 23 Pa.C.S, ~6114.1. Resumption of co- reaidcnce on lite part of the plaintiff and defendant shall not nullify lite provisions of lite coUJ1 order, 11. The Pennsylvania Slate and Carlisle Police Departments shall be providcd with ec:rtified copics of this Order by the plaintift's attorney and may enforce this Order by arrest for indirect criminal conlempl without warrant upon probable cause lItat this Order has been ~olated, whether or not the violation is committed in lite presence of a police officer. In lite event that an arrest is made under this section, the defendant shall be taken willtout unnecessary delay before lite Spring Garden E~taws, CarliHl~. Cwnberland County, PeJ\Wlylvanla, and WIY other re~ldence the plalntill' may eRtablish, 7, The defen<wnl agrecs to pay Iilr or repailj to the plaintiff's satisfactio,!! the bathroom door and the front door at her residence which were damaged on or about June 1997, and July 14, 1997, within 90 days of the entry of this (lrder, The defendant undellltand, that this award does not constitute a bar to litigation for civil damages for other injuries sUlltained from the acts of abUlle giving rise to this award, 9, 'Ibe delt,"dan~ although entering into this Agreement, docs not admit the allegations made in the Petition. 10. 'llIe delcndanl W1derstands that the Protection (lrder entered in this matter will 00 in effect for a period of one year and CWl be extended beyond it original expiration date if the Cow1 finds that the defendant has commilled another act of abUllc or has engaged in a pattem or practice that indicates continued risk of hann 10 the plainliff. ll1e defendant W1dellllands thaI this Order wiD be enforceable in lhe same manner as the Court's prior Temporary Protection Order entered in this case, II. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa,C.S. ~6113; ii) a private criminal complaint under 23 1'3,(',S, ~6113,1: ill) a charge of indirect Climinal contempt under 23 l'a,(',S, ~6114, puni,hable by imprisonment up to six month9 and a .. ROBIN A, PHILLIPS, plaintiff IN THB COURT OP COMMON PLBAS OF v CUMBBRLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW NO. 97-5099 CIVIL TBRM WILBBRTO SALCEDO, Defendant PROTECTION FROM ABUSE IN RB 1 CONTINUANCE ORDER OF COURT AND NOW, this 23rd day of September, 1997, on reque.t of the defendant, hearing herein is continued to give him the opportunity to retain counsel. Further hearing herein i. .et for Monday, October 13, 1997, at 11100 a.m, Pending .ame, our temporary protective order of September 19, 1997, shall remain in full force and effect. By the Court, --;,'\ L. Kevin' A. //.4 He.s, J. Joan Carey, Bsquire Legal Services, Inc, Por the Plaintiff / Wilberto Salcedo 64 S. pitt Street Carli.le, PA ,.~ a7~..L:.u(, 9/S,Q/9'7, -If U .h ~. :bg " '-0 c:: '.... 0 .. , ., 'T' f --~ rn ,":/ r:~, " , 7' ~.'~ '., '" ;"711 ~'. . ,~, ,i . ;",J ,'- (:J} liD t':I;." :~) " ".... "'I :~ . !--, :(.) ~'.. :o',) .jl'r1 ~; ) :,.,) .;:,~ -.; I"~ ::o.J -..; probation slIfely, When the phainlill" run inlu Ihe bedruom, Ihe delcndlllll tilllowed her IInd li)r~e,1 her 10 havc sex, c, On sevc:rll.l dilli:renlocc"sions sin~e 19'>2, the delcnJanI hM shovcd the plainlill; Ihrown objecls al her, Il)rccd her 10 h"vc sex, slapped her in Ihe face, recklessly ,Irovc the plaintill's car cmlsing physt.:al injury lolh... plainlifl; and Ihrealened 10 bum her home down wilh h...r "nd her children in il. S, The plaintitl" believcs and Iherclore avcrs lhal shc is in immediale and present dllllger of abUlIC from lhc dcfendant and lhal she i.~ in need of proleclion lrom such abuse, 6, The plainlitl desires that the dell:ndant be prohibiled Irom having any direct or indirect conlact wilh Ihe plainlitl including, bul nOllimiled to. lelephone and wrinen commwti~ations, 7, Th..: plaintill desir..:s thai the ddi:nJant be e!\ioincd Irom har3Slling and stalking th..: p1ainlifl; and from har3Slling the plaintifl's relativcs, or her minor children. 8, 'The plaintiff dcsir.:s thatlh..: d..:li:ndant he restrained from enlcring her places of employmenl. 9, The plaintill' desires thaI the defendanl be enjoined lrom r~"Il1oW1g, damagins, deslroying or selling any property owned solely by Ihe plaintifl', U:XCUrSIVt: poSSt:SSION 10, The mobile home which the plainlitl is a,king lhe Court 10 order Ihe defendant to slay away Irom i.s not oWT,ed or renled in lhe delcndant's name. II, The defendanl M now residing al 64 s, Pin Slreel, ('arli,lc, l'enllllYlvania. C. LOSSES AND RF:IMUUI~S~;MF;NT FOR COST OF CAS": 12" The plaintitr has sullcred losses as a resuh of the abuse by the delcndan., The plaintitr lIIlks that Ihe dclcndanl he ordered to rcimhunie her IiII' Ihe two doors thai were damaged by the dcfendoot at her residence on or ahout June 1'197, and July 14, 1997, 13, The plaintilf asks that the dclcndanll:1e ordered to pay S2S0,OO to reimburse one of Legal Services, Inc.'s lunding sources for the cost of litigating this case, A Grant a Temporary Order pursuanllo the "Protection trom Abuse Act:" I, Ordering the delcndanlto relTain Irom ahusing Ihe plaintiff or placing her in leal' of abu.~e, 2, ()rdering the delCndantto n:lrain Irom haWlg any direct or indirect contact with Ihe plaintitl including, hut notlimiled to, telephone ood wriUen communications, 3, Ordering lhc dclcndantto retrain Irom harassing ood stalking the pLaintiJI and Irom harassing the pLaintill's relatives and her minor children, 4, Prohibiting the defendant from entering the plaintitl's places of employment. S, Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintilf, 6, Ordering the delendantto slay away Irom the plaintiffs reside",:e localed al 31 Spring Garden Estales, Carlisle, , , " , , " " "'il' " " " , , ' " t""1c , '" r . ). Ii e ~ ~ ~~; en '.-1 m i~~~ 1,1 -0 -lli-" -, "n , t/:.;l.': o.D , 'J( ::-s(., :.;hl '..-;:..;, ~ "j ., ~(i ..J, ,') ~;,'(;J --:: '3~n ,.... 10.., ,., ~ ,I'" ~ '0 't' ~ ~ .. \wo v' , , . ~ .0 .... " , '... ~ \.