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HomeMy WebLinkAbout00-08445 - -I : ~ ; .-_~J_ - . . . . Susan E. Duet : IN THE COURT OF : COMMON PLEAS : DAUPHIN COUNTY, : PENNSYL VANIA ; 00- 841.f';) c,vd 1fr.-. C...."'hq-land (O,,"~ : No, 468 S 2000 Plaintiff v. Thomas R. Rivera Defendant . : CIVIL ACTION - LAW : PROTECTION FROM : ABUSE ORDER ASSESSING COSTS And now, this 18th Day of February, 2000, Thomas R. Rivera (Defendant) is hearby ORDERED to pay costs in the above action. Costs Include: PROTHONOTARY FEES SHERIFF'S COSTS $103.75 $27.00 Total: $130.75 CASH OR MONEY ORDER PAYABLE TO: DAUPHIN COUNTY PROTHONOTARY BUREAU OF FINES & COSTS FRONT & MARKET STREETS HARRISBURGPA 17101 Bureau of Fines & Costs Room 5 Dauphin County Court House Front and Market Streets Harrisburg, P A 17101 Monday - Friday: 8:00 to 5:00 Acceptable Forms of Payments: cash, money orders, certifed checks Made payable to the Dauphin County Prothonotary NO PERSONAL CHECKS WILL BE ACCEPTED It is further ORDERED that said costs shall be paid by April 18, 2000. Failure to pay by said date shall result in the issuance of a bench warrant for your immediate arrest and incarceration. . ,.. . Distribution to: Prothonotary for service on Penosylvania State Police Dauphin County Sheriff: Serve Plaintiff Serve Defendant Police Department (Plaintiffs Residence) Police Department (Defendant's Residence) Other: I hereby certlfythaVfhilfO;egoingiS a ~rl~~.a. ndctrrrect. co. ~...Of the. o. n..g.i.na...I. ~d..l-d~ Pro notary. ". '. tel \\l-; .'-1, ~, ;..- H ,-- BY THE COURT: judge ~~".. Date Respondent -~. ~.' , --,~ .~ -" ~ -" J' ~ '0 ' ~ ' o"~,,_,,, "-,,-~ - " " -"~. - Susan E. Duet : IN THE COURT OF : COMMON PLEAS : DAUPHIN COUNTY, : PENNSYLVANIA Plaintiff v. : No. 468 S 2000 Thomas R. Rivera : CIVIL ACTION - LAW : PROTECTION FROM : ABUSE Defendant FINAL ORDER OF COURT Defendant's Name is: Thomas R. Rivera Defendant's Date of Birth is: August 4,1946 Defendant's Social Security Number is: 549-68-3280 N ame( s) of All protected persons, including Plaintiff and minor children: 1. Susan E. Duet Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Nichole Walters, Esq., CPLS . Defendant appeared personally and is unrepresented. AND NOW, this 18th Day of February, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: And now, 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 fmding of abuse by this court: Plaintiffs 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: 342 South 16th St. 1st Floor Harrisburg,PA 17104 or any other residence where Plaintiff may live. Exclusive possession of the residence is grant~d to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premIses. 1-" -=' " : ~ .. , ,.., '"'~- ~, 3. Except as provided i~ Paragrap~ ~ of this Order, Defendant is prohibited from having ANY CONT ~CT WIth the PlaJ~tIff at any location, including but not limited to any contact at Plamtiff's school, busmess, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. 5. Custody of the following minor children: I. Cory R. Duet 2. Christal L. Rivera-Duet 3. Jesse A. Rivera shall be as follows: . Primary physical custody of the minor child/ren is awarded to the Plaintiff. . Defendant shall have the following visitation rights: Supervised visitation. . The Defendant's visitations shall take place at: YWCA of Greater Harrisburg, 11 01 Market St., Harrisbnrg, P A 17103. . Transportation for visitations shall be by the Plaintiff . The custody exchanges shall take place at: YWCA of Greater Harrisburg, 1101 Market St., Harrisburg, P A 17103. . 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, any fIrearms license the Defendant may possess, and the following weapons used l)r threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children. I. Any and all weapons 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. The Defendant has 30 days after expirations of this order to petition the Court for return of confiscated weapons. 8. The following additional relief is granted as authorized by 96108 of the Act: Defendant shall enroll, participate and successfnlly complete a professional program for evaluation, counseling, treatment and therapy for drug / substance / alcohol abuse. Defendant is ordered within 10 days of entry of this order to contact: T ASC of Dauphin County and arrange for a Drug / Alcohol Assessment. Defendant is further ordered to comply and follow through with any recommendations resulting from that evaluation. Defendant shall pay all fees for evaluation and Drug and Alcohol counseling. Defendant is ordered within 10 days of entry of this order to enroll in a 26 week Batterer Intervention Program at Mosaic Counseling Services (234-6438), SOLAIS ~ l ~' , .~ - , Inc. (939-0519) or Tressler Lutheran Services (795-0330). Defendant is further ordered to successfully complete said program by satisfying all counseling and administrative requirements. Defendant shall pay all counseling fees. 9. Defendant is directed to pay temporary support for: I. Cory R. Duet 2. Christal L. Rivera-Duet 3. Jesse A. Rivera as follows: Defendant shall pay Plaintiff $63.74 per week for the support and care of the minor children until a f'mal order of support has b~en filed by Domestic Relations. This order for support shall remain in effect until a final support order is entered by this Court. However, this order shall lapse automatically if the Plaintiff does not file a complaint for support with the court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the gnidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant, as follows: as per a separate Order. 11. BRADY INDICATOR . The Plaintiff or protected person( s) is a spouse, former spouse, a person who cohabitates or has cohabitated with the Defendant, a parent of a common child, a child ofthat person, or a child ofthe 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). . Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person( s). 12. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Harrisburg Police Department Pennsylvania State Police Department 13. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER L_ ---,.I. -.01 . ~ -.,,-',,",- -' '~, " ""-. . 14. All provisions of this order shall expire on: February 18, 2001 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. S6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYL VANIA 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 ACT, 18 U.S.C. S2265. 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 SS2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. S922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS 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, shall enforce this order. An arrest for violation of Paragraphs I 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. s6113. 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 Dauphin 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. Plaintiffs 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 given notice of the date of the hearing. I hereby certify that the foregoinQ ~s a true and correct copy at tQe anginal filed. ' ~ BY THE COURT: ....---.. d~+-l,Vl~~ eanoine Turgeon, Judge -4/tB/06 ..~ Date frQtbbnotary . .~ \I:-'If e~tered pursuant to the consent of plaintiff and defendant: 't1>>=' f t., Plaintiff'sSlgllature Defendant's Signature .1 " '. . .. , , Distribution to: Prothonotary for service on the following: Harrisburg City Police Department Pennsylvania State Police Department Dauphin County Sheriff: Serve Plaintiff: Susan E. Duet Serve Defendant: Thomas R. Rivera Other: Victim Witness Pre-Trial Services Central Penosylvania Legal Services 'i 1-, ,. i 'I . ----<-~,_ j_. . ~iIlllriI:i.i:,b~*.'l\li'.;i?J;""~#OO;lOIil~t...#.Il~~M"~11<;i,,;,;;_i,",i~fii;JI,"i,,'h<-",~i~~,t';"i!-""hj{J[iJ'i1iRt;~.J!I,j,:L ,,",~" ;~n~.'''', __ ~. ,_~,~", __,."" .," ""~_"^. ~"'","""_~~, . ~~ ~_L_"_. ~.iliiil\.l~_;'" ) '<"'c! .." ,,- (') c::: >' -0---"'. [nEE ;? F~i (i) ~'!?~ ;:$..::::. ~t:;,' ~8 5>c::: z =< :J:>, :::JiI: S .. 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