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HomeMy WebLinkAbout01-05653__ t~ LYNNETTE MARIE RIGS, Plaintiff MANUEL RIOS, vs. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol- '~~~ CIVIL TERM PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, 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 maybe evicted from your residence and lose other important rights. A hearing o this matter is scheduled on the 3 ~' day of October, 2001, at ~° ~DiJm., in Courtroom No. ~ on the 4th Floor of the Cumberland County Courthouse, l Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or ternunated 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.5. §6114. Violation may also subj ect 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 ofPuerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject tv federal criminal 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 right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for 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, Pennsylvania 17013 Telephone Number: (717)249-3166 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. LYNNETTE MARIE RIGS, Plaintiff v. MANUEL RIGS, Defendant In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA Civil Action -Law :No.01- S~~ : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: MANUEL BIOS Defendant's Date of Birth is: October 4,1968 Defendant's Social Security Number is: 056-56-7119 Name(s) of All protected persons, including Plaintiff and minor children: 1. LYNNETTE MARIE BIOS AND NOW, on 26th Day of September, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff s request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ._ _ ~~_-; 2. Except for such contact with the minor children as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with 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 employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs current residence, which is confidential for her safety, and any other place where she may reside during the term of this Order. Plaintiff s current place of employment, listed below,, and any other place where she maybe employed during the term of this Order. Health America/Coventry Health Care 2575 Interstate Drive Harrisburg, Dauphin County, PA 17110 The minor child's day care facility or the residence of the child's care provider. 3. Except for such contact with the minor children as may be permitted under pazagraph 4 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Pending the outcome of the fmal hearing in this matter, Plaintiff is awarded temporary custody of the following minor children: 1. MH,AGROS RIOS Until the final hearing, all contact between Defendant and the children shall be limited to the following: Defendant's contact with the parties' minor child, NIILAGROS RIOS, shall be supervised through a supervised visitation program pending further Order after the hearing scheduled in this matter. Defendant shall contact Plaintiff s attorney in this matter to arrange supervised visitation until further Order. The local law enforcement agency in the jurisdiction where the children aze located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 5. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiff s relatives. Defendant shall refrain from harassing Plaintiffs relatives. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or any property owned solely by Plaintiff. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified herea8er: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH HARRISBURG POLICE DEPARTMENT 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MARCH 27, 2003 OR UNTIL OTHERWISE 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 in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be 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 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. NOTICE 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 violates Paragraphs 1 through 4 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order maybe made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an 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 Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapons are evidence of a crime h which case, they shall remain with the law enforcement agency wh made the arrest. ,~ A N~ Cf~? Ef'~~ y; Judge I Date Distribution to: David A. Lopez Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 Faxed & Mailed to PSP - ~ ?j; ~10- ~~~ ,~.~,y ~;veN ~ ~~, ~ M~~s ~ ~ wao No4- 1~r'-I-- c; :~ ":i ' ` (fir'' ....J .. r ~ ~ r . - - . . .. i7 . - ~ ~-. r... - G~ ] ` 1 ~' ' I ~ .aJ ~i} -~ P.FAD Number: KN1338442Y LYNNETTE MARIE RIOS, Plaintiff v. MANUEL RIGS, Defendant In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA Civil Action -Law : No. Ol- : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: LYNNETTE MARIE BIOS 2. I, (the Plaintiff J, am filing this Petition on behalf o£ - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. LYNNETTE MARIE RIOS 4. Plaintiffs address is con£-dential 5. Defendant's Name is: MANUEL RIGS 6. Defendant is believed to live at the following address: 124 High Street , Enola, PA 17025 7. Defendant's Social Security Number is: 056-56-7119 8. Defendant's Date of Birth is: October 4,1968 9. Defendant's Place of employment is: Keystone Health Services, Park Terrace Residential Home, Thea Drive, Harrisburg, Dauphin County, PA. Telephone: 564-3932. 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 12. The defendant has not been involved in a criminal court action. 13. Plaintiff and Defendant are the parents of the following minor children: a. MILAGROS RIGS Age: 1 year old. Child's address is: Confidential 14. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. MILAGROS RIGS For the past 5 years, this child has lived with: Plaintiff at a confidential location for her protection, from September 18, 2001, to the present. Plaintiff and Defendant at 124 High Street, Enola, PA, from Apri12000, until September 18, 2001. Plaintiff and Defendaut at 1855 Baltimore Pike, Apt. A4, Gettysburg, PA, from the child's birth on November 19,1999, until April 2000. 15. The facts of the most recent incident of abuse are as follows: On about Tuesday, September 18, 2001 location: the marital residence, 124 High Street, Enola, PA. Defendant struck Plaintiff on the side of the head with the telephone receiver, followed her as she tried to leave the house, grabbed her by the arms, and shoved her to the floor. Defendant threatened Plaintiff that he would hurt her worse and take the minor child when he got out, if he went to jail because of this incident. Fearing ffor her safety and that of the parties' 1-year-old baby, Plaintiff left the residence with the baby and has been staying at an undisclosed location for their safety since this incident. Since this incident occured, Defendant has stalked Plaintiff by driving through the parking lot of her place of employment at least once a day looking for her vehicle, and has repeatedly telephoned Plaintiff at her place of employment and has telephoned her friends trying to ascertain her whereabouts. 16. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: In or about late August/early September 2001, Defendant threatened Plaintiff on several occasions that if he could not have her, no one would, causing Plaintiff to fear for her safety. In or about July 2001, Defendant argued with Plaintiff, shoved her backwards causing her to fall to the floor, restrained her by pinning her arms to the floor, and screamed in her face. Plaintiff sustained bruising and soreness about her arms as a result of this incident. In or about April 2001, Defendant shoved Plaintiff down on the floor, and grabbed her by the neck and the arm and restrained her on the floor. Plaintiff sustained bruising on both her arms as a result of this incident. In or about March 2001, Defendant argued with Plaintiff, shoved her down on the couch with such force that the couch slid against the wall breaking the drywall, and he threw a book and a book bag at her. In or about late January/early February 2001, Defendant threw a sneaker at Plaintiff hitting her on the leg. Plaintiff sustained bruising and soreness about her leg as a result of this injury. 17. The police department(s) or law enforcement agencies that should be provided with a copy of the ,. _ _ -_ _ ~~.._ protection order are: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH HARRISBURG POLICE DEPARTMENT 18. There is an immediate and present danger of further abuse from the Defendant. 19. The Defendant owes a duty of support to Plaintiff and/or minor children. 20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor children in any place where Plaintiff may be found. b. Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: Defendant's contact with the parties' minor child, MILAGROS RIGS, shall be supervised through a supervised visitation program pending further Order after the hearing scheduled in this case. Defendant shall contact Plaintiffls attorney in this matter to arrange supervised visitation until further Order. c. Prohibit Defendant from having any contact with Plaintiff and/or minor children, eitlier in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs 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. d. Prohibit Defendant from having any contact with Plaintiff s relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. e. Order Defendant to pay temporary support to Plaintiff and/or the minor children, including medical support . f. Order Defendant to pay the costs of this action, including filing and service fees g. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiff s relatives. Enjoin Defendant from damaging or destroying any property jointly owned by the parties or any property owned solely by Plaintiff. Order Defendant to submit to a drug and alcohol evaluation by through an accredited provider/program, and follow the treatment recommended by certified staff until he has successfully completed the treatment requirements. Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost of litigating this case. h. Grant such other relief as the court deems appropriate. i. 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 the Defendant's residence, where Defendant can be served. ~ c Respectfully Submitted by: David A. Lopez, Esq. Agency: MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 or 1-800-822-5288 VERIFICATION I I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: "1• ay 'U~ ~ ( ~~ Lynnette •ie Rios, Plaintiff _, ~ , ~ - -a:'s+:e!a~~.eank ~+s~i~r~~§;'i~ ~r~AM-Bii4~f+~Kw ~M ee G e.'' ~ C:` .+ r f f'ii l ~_' ~. i'r; _ ~:;J ~~ ti i "^ CJ: `` - -~.~.~a - i, .,.,Ire.-'~_ 09/27/01 THU 15:02 FA% 717 240 6573 CUffiB CO PROTHONOTARY fihnn, Ik~. ~ ~ - s~~m~xs~~&as~sx~a,~a:~a~~att~ssraax ss* ffiULTI TN REPORT ~xa ~:a*z:~*xa:~~s~:ex~s~~s~*xs~~s~ T%/R% NO 2824 INCOffiPLETE T%/R% TRANSACTION OR [ O119p2490779 pgp [ 03]9p2405331 Cp [ 04]92438026 LS ERROR r r ©FfICE OF 'INE PROTfipNC7CARY CUMSERLMID CDL1M'Y Co[JR'[HG(75E oNE Gq[1RTNQUSE gQ[1ARE CARLISLE, PA. 17013-3387 (717) 240-6195 FqX (717) 240-6573 V I A T E L E C O P I E R TO: FAX ~; FRC?N: PA STATE POLICE - l!'N~~M~ P,toeess. - M .P. L.. s , RE: MESSAGE: 717-249-0779 CURTIS R, LONG PFA ©R~ERS NO. OF PAGES (INC:I,(]DING [AVER SF]EET) `~ ~ g~tily to cdvtii is is '~ 'Rvs ~ inter~l atiY ~' tte ~ t~ the indivi~~1 ~~ Aia-~ir~a rre ut~ app]~e . orntain ~ tlk~t iS p~v~ cx~ida7tial ad e~l~ rr,riFiafl that ~Y ~~~' tl~ caxjec ~ this mew ~ rot tl'e N~~ xera~rt, yo.~ ~ ~.~] ltus .iu+ ins stxictly ~h~.,. ,+.~ ,~m°n~ ~ ~ a: . _~_~..., ,.- rr.v;~,r, aE this amnnic~" _ . -,~~-h K~~a - rem~,~ ' LYNNETTE MARIE RIOS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYLVANIA vs. NO.O1- 5653 CIVIL TERM MANUEL RIOS, Defendant :PROTECTION FROM ABUSE O ER FOR CONTINUANCE AND NOW, this day of October, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on October 3, 2001, at 9:30 a.m. by this Court's Order of September 26, 2001, is hereby rescheduled for hearing on Mondav. October 15, 2001, at 11:00 a.m. in Courtroom No. 3 on the 4`h Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through March 27, 2003, or until further Order of Court, whichever comes first. By the Court, David A. Lopez, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Manuel Rios, Defendant 124 High Street Enola, PA 17025 ~-". Ib ~.pl D~' ~~~~ t}j.~~~ ~ n~~J~ r7 -. ~ r ~ .~: i;h:, .. .: ~.;. LYNNETTE MARIE RIOS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYLVANIA vs. NO.O1- 5653 CIVIL TERM MANUEL RIOS, Defendant :PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Lynnette Marie Rios, by and through her attorney, David A. Lopez of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on September 26 , 2001, scheduling a hearing for October 3, 2001, at 9:30 a.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Notice of Hearing, and the Temporary Protection From Abuse Order and Petition for Protection From Abuse on October 1, 2001, at his residence located at 124 High Street, Enola, Cumberland County, Pennsylvania. 3. Defendant indicated to MidPenn Legal Services staff on October 3, 2001, that he desired legal representation in this matter and requests that the hearing be continued to afford him time to retain counsel. 4. The parties agree that the hearing be rescheduled. 5. Plaintiff requests that the Temporary Protection From Abuse Order remain ineffect - for a period of 18 months from the date it was entered, through March 27, 2003, or until further Order of Court, whichever comes first. ~ 4 WHEREFORE, Plaintiffrequests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through March 27, 2003, or until further Order of Court, whichever comes first. Respectfully submitted, David A. Lopez, Attorney MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 SHERIFF'S RETURN - REGULAR CASE NO: 2001-05653 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RIGS LYNNETTE MARIE VS RIGS MANUEL CPL MICHAEL 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 OS MANUEL the DEFENDANT at 1429:00 HOURS, on the 1st day of October 2001 at 124 HIGH STREET ENOLA, PA 17025 MANUEL RIGS by handing to a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.50 Affidavit .00 Surcharge 10.00 .00 47.50 Sworn and Subscribed to before me~~77t,,~~his c.~"" day of lS~cfoQ~~ metro / A . D . rothonotary So Answf~er~s ~'~~ R. Thomas Kline 7 10/02/2001 By: Dep er ~s~R~S LYNETTE MARIE RIGS, :IN THE COURT OF COMMON PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA :NO. O1- 5653 CIVIL TERM MANUEL RIGS, Defendant :PROTECTION FROM ABUSE AND CUSTODY CERTIFICATE OF SERVICE I, Steven T. Boell, hereby certify that I served a true and correct copy of the Motion for Custody Conciliation, on the following person, counsel for plaintiff, by depositing a copy of the same in the United States mail, postage prepaid, the 18th day of October 2001: David A. Lopez, Esq. MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 (~ t Date ~~~~~ Steven T. Boell Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 s.,;. d... :w~.. :. - ~. _.. I~u °k~vs6~i^' I~ _: ~. ._..m'.' ":..ax-r.;..~. ~-uau a :-'w-a....w. T Z1 ~ +~ Pi', +7 -Y ~ ~~ ~. - _ ` ) ~' ~ ~, ~_ r~ ~-, ` ~~• ~t ~ ClT „ S ~/~ Y _- _.,a,..e. L~ _ _ _ _ __ .,_ - _ I _ ~ _ - LYNNETTE MARIE RIGS, : IN THE COURT OF COMMON PLEAS OF Plainfiff CUMBERLAND COUNTY, PENNYLVANIA vs. NO.O1- 5653 CIVIL TERM MANUEL RIOS, Defendant :PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this ~~ day of October, 2001, upon consideration ofthe attached Motion for Continuance, the matter scheduled for hearing on October 15, 2001, at 11:00 a.m. by this Court's Order of October 5, 2001, is hereby rescheduled for hearing on Wednesday, November 28.2001. at 10:30 a.m. in Courtroom No. 3 on the 4`h Floor of the Cumberland County Courthouse, l Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through March 27, 2003, or until further Order of Court, whichever comes first. David A. Lopez Joan Carey Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 ~~~~~cy ~~~~ ~ ~~/l~l~~ Steve Boell, Legal Intern for Defendant - ~ ~y rn~ c~ l U/!f /~ 1 Teri L. Henning, Supervising Attorney Family Law Clinic '~yl 45 North Pitt Street, Cazlisle, PA 17013 ~iINbA~,~SNN'~d ~t :q r-0d ~i !J© 6~ - - ~.~,: LYNNETTE MARIE RIGS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYLVANIA vs. NO. O1- 5653 CIVIL TERM MANUEL RIGS, Defendant :PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Lynnette Marie Rios, by and through her attorneys, David A. Lopez and Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above- captioned case on the grounds that: 1. A Motion was filed and an Order for Continuance entered by this Court on October 5, 2001, rescheduling the hearing for October 15, 2001, at 11:00 a.m. to afford Defendant time to retain representation. 2. Defendant retained Family Law Clinic to represent him in this matter. 3. The parties agree, by and through their respective counsel, that the hearing be rescheduled to afford time to negotiate a settlement in this case. 4. ,Plaintiff requests that the Temporary Protection From Abuse Order remain ineffect - for a period of 18 months from the date it was entered, through March 27, 2003, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through Mazch 27, 2003, or until further Order ~, _ of Court, whichever comes first. Respectfully submitted, David A. Lopez ~ 1 D ~ ` Joan Carey Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 y ..~. ~- SYXh5P ~~~:bLYk.~'a~e$[S~e Y~SiP~vba , r l... d .:e:uML~i~v6'~Fn'Ma~NiriYYe~:i3%L"C'b` 'tld &e' A.'w'K i$ iJ ~f.. Z_}.° ~~~ ~ C `f ~ z ~ : ~ ~ ~ l= b . .: - T ! ! ' ~.~ ~ ..' ~ ; i ,; ~~ ~ -~ ~ t.~ ~S ~~ ,,• , ACT 2 2 2UU~~, LYNETTE M. RIOS, :IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. O1- 5653 CIVIL TERM MANUEL RIGS, Defendant/Petitioner :PROTECTION FROM ABUSE AND CUSTODY ORDER OF COURT AND NOW, this ~~- day of ~ , 2001, upon consideration of the attached Petition for Special Relief, it is hereby Ordered as follows: 1. Neither Petitioner, Manuel Rios, nor Respondent, Lynette M. Rios, shall remove their child, Milagros Rios, from the Commonwealth of Pennsylvania until further Order of Court. B=Y THE ,~ ,, ~. ~ J. ~2.~~~1 ~~ uden> ~O: S~~re.N ~~m~ ~~d ~~ C L~~ ~c ~S ~ O f_"1 Z~ T i -~-i ~~ ~ 1 ` ~ _, ~, ' ~~ tv '~ : ' ~~7 ~G ~ ~ fv -~G . ~. LYNETTE M. RIGS, :IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. O1- 5653 CIVIL TERM MANUEL RIGS, Defendant/Petitioner :PROTECTION FROM ABUSE PETITION FOR SPECIAL RELIEF PURSUANT TO PA R.C.P. 1915.13 AND NOW, this 22nd day of October, 2001, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Manuel Rios, by his attorneys, the Family Law Clinic, seeking emergency relief relating to his minor child, Milagros Rios, born November 19, 1999. Petitioner requests an Order prohibiting either party from removing the child from the Commonwealth of Pennsylvania, and in support thereof, states the following: 1. The petitioner, Manuel Rios, is an adult individual who resides at 124 High Street, Enola, Cumberland County, Pennsylvania 17025. 2. The respondent, Lynette M. Rios, is an adult individual whose residence is currently unknown. 3. The petitioner is the biological father (hereinafter "Father") of the minor chid, Milagros Rios, bom November 19, 1999 (hereinafter Milagros). 4. The respondent is the biological mother (hereinafter "Mother") of Milagros. 5. On September 24, 2001, Mother filed a Petition for Protection from Abuse with this Court, No. 01-5653. Pursuant to a Temporary Protection From Abuse Order dated September 27, 2001, Mother currently has primary physical custody of Milagros. A copy of that Order is attached hereto as Exhibit "A." A hearing on the PFA has been continued until November 28, 2001 at 10:30 a.m. 6. On October 18, 2001, Father, by and through his attorneys, filed a Motion for Custody Conciliation. He is currently awaiting the scheduling of a Custody Conciliation. Mother has family in Florida and has been to Florida with the child as recently as the summer of 2001. 8. Mother's father, Carmelo Dominguez, Mother's mother, Alice Dominguez, Mother's sister, Yvette Dominguez, and Mother's niece, Sashi Dominguez, all reside in West Palm Beach, Florida. 9. On September 17, 2001, Mother threatened to take Milagros to live with her family in Florida. 10. Between July and August of 2001, Mother threatened to take the child to live in Florida on several occasions. 11. Mother has made reference to a potential job in Florida working as an interpreter for a credit card company which employees her Mother, Alice Dominguez. 12. Because of the above described statements and circumstances, Father fears that Mother will take Milagros out of the Commonwealth of Pennsylvania prior to the custody conciliation in this matter. 13. Father believes and avers that it is in the best interest of the minor child that neither Mother nor Father be permitted to take Milagros out of the Commonwealth of Pennsylvania until further Order of Court, so that this Court, which has jurisdiction over the parties and this matter, can adjudicate the present custody action. 14. On October 22, 2001, the Family Law Clinic contacted David Lopez, attorney of record for Mother, to ask whether he concurred with this petition. Mr. Lopez informed the ,: ~,,. ~; Family Law Clinic that he could not concur. Mr. Lopez informed the Family Law Clinic that Mother is in the process of retaining Robert O'Brien, Esq. to represent her in these matters. Mr. O'Brien has not yet entered an appearance in this matter and could not respond to this Petition on Mother's behalf. WHEREFORE, the petitioner, Manuel Rios, respectfully requests that this Honorable Court enter an Order prohibiting either party from removing their child, Milagros, from the Commonwealth of Pennsylvania until further Order of Court. Respectfully submitted, Date: October 22, 2001 Steven Boell Certified Legal Intern L RT E. RAINS THOMAS M. PLACE TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 { 1 .- t., ,~ ~ ct !) n` v ~-. ~ - ,~ a ~ ~. t,> tv __ ; ., _~;.~ -' . ~~ ~ .? ~, s.- ~~: t v ,. r VERIFICATION I verify that the statements made in the foregoing Petition For Special Relief Pursuant to PA R.C.P. 1915.13 are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Manuel Rios ~,,,~,~ LYNNETTE MARIE RIGS, : in the Court of Common Pleas of Plaintiff . CUMBERLAND County, v. ;PENNSYLVANIA : Civil Action -Law MANUEL RIGS, ; No. Ol- ~65.,,~ Defendant . Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: MANIIEL RIOS Defendant's Date of Birth is: October 4,1968 Defendant's Social Security Number is: 056-56-7119 Name(s) of All protected persons, including Plaintiff and Honor children: 1. LYNNETTIE MARIE RHOS AND NOW, on Z6th Day of September, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request ffor a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ~'~~ if~r p M J~+,JN 2. Except for such contact with the minor children as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specitically ordered to stay away from the following locations for the duration of this order. Plaintiffs current residence, which is confidential far her safety, and any other place where ahe Wray reside during t#ae term of this Order. Plaintiff's current glace of employtent, listed below,; and any other place where she may be employed during the term'of this Order. Health Amerlca/Coventry Health Care 2S7S Interstate Drive Harrisburg, Dauphin County, PA 17110 The minor child°s day care facility or the residence of the child's care provider. 3. Except for such contact with the minor children as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons, 4. Pendang the outcome of the final hearing in this matter, Plaintiff is awazded temporary custody of the following minor children: 1. idimLAGROS RIGS Until the fmal hearing, all contact between Defendant and the children shall be limited to the following: Defendant's contact with the parties' minor child, NIII.AGROS RIGS, shall be supervised through a supervised visitation program pending further Order after the hearlag scheduled in this matter, Defendant shalt contact Plaintiff 9 attorney in this matter to arrange supervised visitation until further Order, The local law enforcement agency in tine jurisdiction where the children are located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Drder. S. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant shall refrain from harassing Plaintiff s relatives. Defendant is egjoined from damaging or destroying any property jointly owned by the parties or any property owned solely by Plaintiff. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT DATJFHIN COUNTY DISPATCH HARRISBURG POLICE DEPARTMENT 7. The sheriff, police or other law enforcement agencies are drected to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MARCH 27, 2003 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Deffendant 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 in jaiP. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6l 13. 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 juxisdretion over the plaintiff s residence OR any location where a violation of this order occurs OR where the defendant maybe located. If defendant violates Paragraphs 1 through 4 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation off this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of taw enforcement. Subsequent to an arrest, the law enforcement ofcer shall seize ali 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 Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until fiuther 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 T1iE COURT: dge _..._. ~7 3e~.~/ ---TDate Diatributinn to: David A. Lopez Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17U13 Faxed & Mailed to PSP i ~~~ COPY FAOAA RECORD in'festlmotty whereof, i here uttta set my hand and the seaiG urt e~Pa ~. Ih,is~4aY LYNETTE MARIE RIGS, :IN THE COURT OF COMMON PLEAS OF Plaintiff v. :CUMBERLAND COUNTY, PENNSYLVANIA :NO. O1- 5653 CIVIL TERM MANUEL RIGS, Defendant :PROTECTION FROM ABUSE AND CUSTODY CERTIFICATE OF SERVICE I, Steven T. Boell, hereby certify that I served a true and correct copy of the Petition For Special Relief, on the following persons, David A. Lopez, Bsq. and Robert O'Brien, by depositing a copy of the same in the United States mail, postage prepaid, the 22nd day of October 2001: David A. Lopez, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Robert O'Brien, Esquire 17 West South Street Carlisle, PA 17013 cd as a~ Date _~~~ Steven T. Boell ~~ Certified Legal Intern FAMILY LAW CLII~IIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 ii kaHs;AYf~.OR ~. ,,..., ~,~;.ad"e,'"~LS~"tSffi#A3an- :tiasnx .v ,st,-taR'ntJt.~°&F9.~ aa~yp^ " ~ C7 f"? C~ -' `;P -c; Cx% ^ _ --; . ~ .,; t L. r~. nJ _, P?-P ~'.'t i,_7 CF't , ~ 1'V -,y ' r ex k, =:~ f'fl x" t ~ ~ ~r C~ -< ~J ~y LYNETTE MARIE RIOS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-5653 CIVIL ACTION LAW MANUEL RIOS DEFENDANT IhI CUSTODY ORDER OF COURT AND NOW, Tuesday, October 30, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November 21, 2001 at 3:30 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verne, Esq~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 anangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Cazlisle, Pennsylvania 17013 Telephone (717)249-3166 ,. _ eFL+YL3mL ~nvl.~~G ~ .v r~.-a_.lii t9v 9"+~~.3'-_t .~esxi.+rv-.avmN 4l$Y~4~'iWC:mAA4.96LY3Y'~N ~I1.V'nL~£E~ilek~Y' r 5Nh§d4~71 Y1y~"~ .~M' ~ ' Nitit~illl,^NN~~t ~ ~~,,~- _,:.~ , `'~ .S ~~/ .~ , A!; fl.;i ~, .Ci ,~~ ~__ _- ~~ ~~ O/ //-/~- O/ /o~~= o/ V ~ ~C~x ~ Z~C~~~ LYNETTE MARIE RIGS, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. O1- 5653 CIVIL TERM MANLIEL RIOS, Defendant :PROTECTION FROM ABUSE AND CUSTODY ORDER OF COURT AND NOW, this^ day of , 2001, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the _ day of , 200_, at m., for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKFi THIS PAPER TO YOUR LAWYER AT ONCE. 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. Cumberland County Baz Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 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 andreasonable 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. LYNETTE MARIE RIGS, Plaintiff v. MANUEL RIO5, Defendant :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. Ol- 5653 CIVIL TERM :PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CUSTODY CONCILIATION The defendant, Manuel Rios, by and through his attorneys, the Family Law Clinic, moves the court pursuant to Local Rule 1915.3-1(b) to schedule a custody conciliation. Plaintiff, Lynette M. Rios, has included a custody count in her Petition For Protection From Abuse, filed with this court on September 27, 2001. A copy of the complaint is attached as Exhibit A. Respectfully submitted, Steven Boell Certified Legal Intern -~" lb/1~Cbl --~ !` mas M. Place Robert E. Rains Supervising Attorney Teri L. Henning Staff Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 PFAD Number: I{N1338442Y LYNNETTE MARIE RIGS, Piaintiff v. 1VIAMJEL R10S, Defendant In the Court of Common Pleas of CiJMBERLAND County, :PENNSYLVANIA : Civil Action -Law No. ol- .~sb53 : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: LYNNETTE MARIE RIOS Z. I, {the Plaintiffj, am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. LYNNETTE MARIE RIGS 4. Plaintiffs address is confidential S. Defendant's Name is: MANU)yL RI®S 6. Defendant is believed to live at the following address: 124 High Street , Enola, PA 17025 7. Defendant's Social Security Number is: 056.56-7119 S. Defendant's Date of Birth is; October 4,1968 9. Defendant's Place of employment is: Keystone Health Services, Park Terrace Residential Home, Thea Drive, Harrisburg, Dauphin County, PA. Telephone: 564-3932. 10. Defendant is an adult. I I. The relationship between the Plaintiff and the Defendant is: Spouse Parente of the same children 12. The defendant has not been involved in a criminal court action. 13. Plaintiff and Defendant are the parents of the following minor children: a. iNILAGROS RIOS Age: l year old. Child's address Is: Confidential 14, Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. MILAGROS RIOS For the past 3 years, this child has lived with: Plaintiff at a confidential location for her protection, from September 18, 2001, to the present. ~:~u, Plaintiff and Defendant at 124 High Street, Enoda, PA, from April 2000, until September 18, 2001. Plaintiff and Deffendant at 1.855 Baltimore Pike, Apt. A4, Gettysburg, PA, from the child's birth on November 14,1999, until Apri12000. 15. The facts of the most recent incident of abuse are as follows: tJn about Tuesday, September 18, 2001 location: the marital residence, 124 High Street, Enota, PA. Defendant struck Plaintiff on the side of the head with the telephone receiver, followed her as she tried to leave the house, grabbed her fay the arms, and shoved her to the floor. Defendant threatened Plaintiff that he would hurt her worse and take the minor ehild when he got out, if be went to jail because of this incident. Fearing for her safety and that of the parties' 1-year-old baby, Plaintiff Left the residence with the baby and has been staying at an undisclosed location for their safety since this incident. Slnee this Incident occured, Defendant has stalked Plaintiff by driving through the parking lot of .her place of employment at least once a day looking for her vehicle, and has repeatedly telephoned Plaintiff at her place of employment and has telephoned her friends tryiug to ascertain her whereabouts. I6. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: In or about late August/early September 2001, Defendant threatened Plaintiff on several occasions that if he could not have her, no one would, causing Plaintiff to fear for her safety. In or about July 2001, Defendant argued with Plaintiff, shaved hea backwards causing her to fall to the (door, restrained her by pinning her arms to the floor, and screamed do her face. Plaintiff sustained bruising and soreness about her arms as a result of this incident. In or about Apri12001, Defendant shaved Plaintiff down on the floor, and grabbed her by the neck and the arm and restrained her on the floor. Plaintiff sustained bruising on both her arms as a result of this incident. In or about March 2001, Defendant argued with Plaintiff, shoved her down on the couch with such force that the couch slid against the wall breaking the drywall, and he threw a book and a book bag at her. In or about late January/early February 2001, Defendant threw a sneaker at Plaintiff hitting her on the leg. Plaintiff sustained bruising and soreness about her leg as a resatt of this injury. 2 7. The police department(s) or law enforcement agencies that should be provided with a copy of the r protection order are: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH HARRISBURG POLICE DEPARTMENT 18. There is an immediate and present danger of further abuse ixom the Defendant. 19. The Defendant owes a duty of support to Plaintiffand/or minor ohild/ren. 20. FOR THE REASONS SET FORTH ABOVE, I REC2UEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Piaintiffand/or minor childlren in any place where Plaintiff maybe found. b. Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: Defendant's contact with khe parties' minor child, MiLAGROS RIGS, shall be supervised through a supervised visitation program pending further Order after the hearing scheduled in this case. Defendant shall contact Plaintiff s attorney In this matter to arrange supervised visitation until further Order. c. Prohibit Defendant from having any contact with Plaintiff and/or minor children, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs 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. d, Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiffs children listed in this petition, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor children. e. Order Defendant to pay temporary support to Plaintiffand/or the minor ohild/ren, including medicalsupport. f. Order Defendant to pay We costs of this action, including filing and service fees. g. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiffs relatives. EnJoin Defendant from damaging or destroying any property Jointly owned by the parties or any property owned solely by Plaintiff. Order Defendant to submit to a drug and alcohol evaluation by through an accredited provider/program, and follow the treatment recommended by certified staff until he has successffully completed the treatment requirements. Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost off 1atigating this case. h. Grant such other relief as the court deems appropriate. i. Order the police oa older law enforcement agency to serve the Defendant with a copy of this Petitien, any Order Issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, othertban the Defendant's residence, where Defendant can be served. ~ <- Respectfully Submitted by: David A. Lopez, Bsq. Agency: MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 or 1-800-822-5288 ~~ ~ ~ _ ~= ~. ,:. '~ ~ r VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statemetts contained in the shave Petition see true and correct to the best of ray knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unaworn falsification to authorities. Dated: Q• ~~ UO ~.. Lynnette rie Rios, Plaintiff ~ r '" --~ ~ ,~ ~ c 3 z ~ ~ --a i ~r_ ..~ _. fir. ~ ~ ( ~ C= ~~ ~ 3 R ~ ~-' { LYNNETTE MARIE RIGS, Plaintiff vs. MANUEL RIOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5653 CIVIL TERM PROTECTION FROM ABUSE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, Lynnette Marie Rios, in the above-captioned matter. By: I.D.# /( 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 or 1-800-822-5288 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Lynnette Marie Rios, in the above-captioned matter. rlo.dirldomestic/rios.app O'BRIEN, BARK & SCHERER Robert L. O'Brien, Esquire I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717)249-6873 _1f- LYNNETTE MARIE RIGS, Plaintiff vs. MANUEL RIOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 2001-5653 CIVIL TERM PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 28"' day of November, 2001, upon review of the attached petition requesting the withdrawal of the above-captioned action and the vacating of the temporary orders, this Honorable Court orders and directs that all prior orders are vacated without prejudice to the Plaintiff/Petitioner to re-file a request for a protective order based on incidents occurring subsequent to today's date. ~P ~ i-ag ~~ ~ ~~s BY THE COURT, tii~ ~'mrs~r~~~~:~i~~ ., rih,~ ~~nn... ,,•< <, ! 'r ~t:~a ~t ~~ „~, ~ . r,;; LYNNETTE MARIE RIOS, Plaintiff vs. MANUEL RIGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 2001-5653 CIVIL TERM PROTECTION FROM ABUSE PETITION TO WITHDRAW REQUEST FOR PROTECTIVE ORDER 1. Petitioner is Lynnette Marie Rios, the Plaintiff in the above-captioned action. 2. Respondent is Manuel Rios, the Defendant in the above-captioned action. 3. Petitioner requests that the petition for protection from abuse, verified by Petitioner on or about September 24, 2001 and filed with the Court shortly thereafter be withdrawn without prejudice for the Petitioner to file a subsequent request for a protective order if future actions of abuse occur. WHEREFORE, Petitioner respectfully requests that the Court vacate the temporary orders entered to the above-captioned action without prejudice for the Petitioner to file a subsequent request for a protective order if incidents arise subsequent to November 28, 2001. Respectfully submitted, O'BRIEN, BARK & SCHERER rlo.dir/domestic/rios.pet -f~ ~.~ By: Robert L. O'Brien, Esquire Attorney for Petitioner I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 li s VERIFICATION I verify that the statements made in the foregoing Petition To Withdraw Request for Protective Order are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ~- _ 0..i:. e.. nette Marie Rios Date: _~otiaa$af~l c~ ~- ~ . r~ 't~ -f !~r- ~ _ ~= v; c, r,~ - _:, L T c~ _ =: , ; ,' =7 r-~, ~ -- ,..~ = C, i= -II -: 1ov u+k'SMV~k,: 11/29/01 THU 10:26 FA% 717 240 6573 CTiMR nn vunmunNnmanv ra, ~,., ~~x MULTI TN REPORT m:z~ xaixxaa~~s~~,sa~x~:ta~x~ss~esara~~:~ T%/R% NO INCOMPLETE T%/R% TRANSACTION OK ERROR 2882 [ O1]9P2490779 [ 03]9P2405331 PSP CP OFFYCF: OF THE PRL7CFfONO'CARY C( P•V3F;RLAM7 GLt1tPI'Y C'C)URTHOUSE UM? CpU{27TiCUSE 5QUARC CARLISLE, PA. 1701.3-3387 (7173 240-G195 FAX (717) 24p-fi573 y C A T E L E C p P I E R FAx ~: 7i~~Jyq•o~'7~ F'f2Q-t: CUR'f'TS R. LONG RF.: PF/'T UeVC~I r~ssncE: ~~ NO. OF PACES (INCf,,UpING CtiNER SHEET ) Tttis narsag= is inter rnly Tim t[t use c¢ d~ ir[Lividtal cc entity m rte is is adic~, aid R'te' cmtail~ inCrn[at9crT tft3t is pcivi mlEidr~t~c11 and e~rpt frrnt di5rlrx,ma ~}~- a 1a+~. ff tl~ ~ Lois ~ is rot tla inbar}~; L6cigaiknt, ya, aLe tnx~y mtifia~ tl~t any di~ttu*3uu~. distca]acti,a~ ca' offing [~ trnis rpmu~,ic.a'~i,ciT is strictly pcctuL~it~1l. Tf ya, te~.e ce~iu~ Ous crnTnnic.3.icn in carc+.x, ~ tntiCy ~ imtediatPly bl feLeth:rr~ ar] cehicn t1e c t-iTn51 fT W us a: itw ctv. _~ aj:lress via Use ;:.5. poFtal ~~. '[hEnk }cu. DEC 1 0 2~p1 _ LYNETTE MARIE RIOS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2001-5653 CIVIL TERM MANUEL RIGS, :CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this l Otn day of December, 2001, the Conciliator being notified that the parties have cancelled the conciliation in the above matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~..~_ ~. ; cq line M. Verney, Esquire, C tody Conciliator `vil~wa'l~lASttf~d ~~VI iO'., y lI `.,1r ~~~~~?~V CI ?~. A~1~11G; ~ ~ s _ ., ~ , n ~ E:i'I 'jt~-