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HomeMy WebLinkAbout01-03996Jun-27-O1 09:03A Prothonotary Office 7172646772 P.02 ~ ' ~ G 1 ~ 3q9~ c~~; l Christina Gregory : IN THE COURT OF COMMON PLEAS OF Plaintiff ~ G'a 'n :THE 39TH JUDICIAL DISTRICT, P "V CA' _ : FRANKLIN COUNTY BRANCH ~ ~`" ,.•a ~~ -: _ --_ vs. : CNIL ACTION -LAW `L ~ ;:: ~ ~' - , ~~~,, ' R. aoo~- ~~~5 D C ,. '~ _ ~,. Michael W. Greforv ~~ Defendant :PROTECTION FROM ABUSE FINAL ORDER OF COURT ~ N T fn o C ~ l~ ,__ -/-l __ Defendant's Name: Michael Gregory ~ ` -_ ,~, ~ --~ c~ i Defendant's Date of Birth: 04-11-1979 ~ "~ " Defendant's Social Security Number: 223-45-2225 ~~ , Names of all ProtennctnnedTPersons, including Plaintiff and minor childlren: Christina Greeory AND NOW, this aN! d y of 2Q~, the court having jutisdiction over the parties and the subject-matter, it is ORDE ,ADJUDGED, and DECREED as follows: Note: Space is provided to allow for 1) the court's general finding of abuse; 2) inclusion of the terms under which the Order was entered (e.g., that the Order was entered with the consent of the parties, or that the defendant, though properly served, failed to appear for the hearing, or the reasons why plaintiff s request for a final PFA Order was denied); and/or 3) information that may be helpful to law enforcement (e.g., whether a weapon was involved in the incident of abuse and/or whether the defendant is believed to be armed and dangerous). nay Jun-27-O1 09:03A Prothonotary Office 7172646772 P.03 0 This Order was entered with the consent of both parties. ^ Plaintiffs request for a Final Protection Order is denied OR ^ Plaintiffs request for a Final Protection Order is granted m 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in aay place where they might be found. 2. efen nt t wm etety vict nd ex uded om t reside eat I O ha d Ch - hers 17 1 or ny oth rest nce ere Pla 'ff ma li Ex uaiv "os '' sso of res once grant to Pla tifk efen nt shall eve n ri t or p °vile to ter be ese on th pre es. ~~~ ^ Defendant may enter the residence to retrieve his/her clothin and other personal effects, provided that Defendant is in the company of a law enforcement officer whey such retrieval is made and (insert any other conditions) ® 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person ender this Order and at any location, including, but aot limited to, any contact at the Plaintiff s school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: D 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected ender this Order, snd by telephone or by any other means, including third parties. 0 S.Castody of the minor children, _Michael W. Grel;orv, Jr. (DOB -10-07--1999) as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any.j Plaintilfshall have primarv trhl'sical custodv, Defendant shall have o the child shall b~ at Sheetz located at 900 Wa ne nue Chambersbu PA 17201. /} ~kr~~' 1 ~ p WtcG,ndc w~l bCg~n ^ 6. Defendant shall immediately taro over to the Sheriffs Office, or to 1 ~al law ° ~'~""t 3a' zod I . enforcement agency for delivery to the Sheriffs Office, the following weapons used or a~ threatened to be used by Defendant in an act of abuse against Plaintiffand/or the minor child/ ~1' ^ 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of'this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. ~m Jun-27-O1 09:03A Prothonotary Office 7172646772 P_04 ~8. a. by ' ^ 9, Defendant is di to pay temporary support for [insert the names of the persons for ~r~~ `~ whom support is to be paid] _as follows: [insert amount, frequency and other terms and con- ditions of the support order] _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 Domestic Relations Section of the Court within two weeks 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 guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. 010. The costs of this action are waived) as to the Plaintiff and imposed on Defendant~~,(,( The defendant shall pay these costs within ~ )~y~f the to of is Orde .t~ 11. ^ Defendant shall pay $~ to Plaintiffas compen tion for Plaintiffs out-of-poc losses, which are as follows: OR ^ Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery ofout-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. ^ 12. BRADY INDICATOR i. !~ The Plaintiff or protected person(s) is a spouse, former sgouse, 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. 2. ^ This Order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heazd. 3.0 Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). Jun-27-O1 09:04A Prothonotary Office 7172646772 P.05 4. ^ Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) OR ®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. ^ 13. THIS ORDER SUPERSEDES ^ ANY PRIOR PFA ORDER AND ^ ANY PRIOR ORDER RELATING TO CHILD CUSTODX. 14. All provisions of this Order shall expire in eighteen months, on [insert expiration date] 9~ec. eZD,~c~oz . 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. §6114. VIOLATION MAY 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. I8 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 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 maybe located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Jun-27-O1 09:04A Prothonotary Office 7172646772 Subsequent to an 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 [insert the appropriate name or title] Franklin Counri Sheriff shall maintain possession of the weapons until further Order of this Court. When the Defendant is placed under arrest for violation of the 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 given notice of the date of the hearing. BY THE COURT ~ r 1V. Judge Date c~ ~.Qp If entered pursuant to the consent of Plaintiff and Defendant: _:9~~ tiff (Christina~~goryj~ Defendant(Mic ael eg ) P.06 CHRISTINA GREGORY, IN THE COURT OF COMMON PLEAS OF Plaintiff FRANKLIN COUNTY, PENNSYLVANIA V. 01-3996 CIVIL MICHAEL W. GREGORY, CHARGE: INDIRECT CRIMINAL CONTEMPT Defendant IN RE: PAROLE ORDER OF COURT AND NOW, July 9, 2001, based upon a recommendation from the Cumberland County Probation Office, the defendant is placed on parole with supervision effective July 10, 2001. Jonathan R. Birbeck, Esquire Chief Deputy District Attorney William G. Braught, Esquire Assistant Public Defender Probation Office CCP victim Services Sheriff `ad CHRISTINA GREGORY, IN THE COURT OF COMMON PLEAS OF Plaintiff FRANKLIN COUNTY, PENNSYLVANIA V. 01-3996 CIVIL MICHAEL W. GREGORY, CHARGE: INDIRECT CRIMINAL CONTEMPT Defendant IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, July 3, 2001, Michael W. Gregory, having appeared in open court together with the Public Defender, William G. Braught, Esquire, on a petition alleging indirect criminal contempt of an existing PFA order from Franklin County, found in the Franklin County civil records at 01-3996, and the defendant having admitted that he has violated the allegations alleged in the probable cause affidavit, we do find the petition to be supported beyond a reasonable doubt. Having so found, sentence of the court is that the defendant pay any costs associated with the filing of this complaint, and that he undergo imprisonment in the Cumberland County Prison for a period of not less than fourteen days nor more than six months. We give the defendant credit for seven days previously served and direct that he may be placed on supervised parole after service of an additional seven days. By the Court, Ge offer, P.J. Jonathan R. Birbeck, Esquire \ Victim Services Chief Deputy District Attorn~~ ~3'0~ CCP William G. Braught, Esquire ,,,,u~ Assistant Public Defender /~"" Sheriff Probation Office :mtf ,i~,, . ~ r~r~j ~ L ~' ~'I _ ~ ~ _. CERTIFICATION OF PFA OONTEl4P'1' /, /; / cA~ NUMBER /,`~-/ -/ 3 `7 l~ NAME /('~l~-V~i~( ~ Y VICTIM'S NAME: l~ri ~i~ ~ a BALANCE DUE: $ /I ~ . ~~ 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME ADDRESS CITY NAME ADDRESS ADDRESS CITY PROTHONOTARY OFFICE PERSON CERTIFYING INFORMATION ADD DELETE $ $ $ $ $ $ $ 15.00 $ $ 15.00 $ $~ $ STATE ZIP $ $ STATE ZIP $ $ STATE ZIP