The URL can be used to link to this page

Home My WebLink About01-05815 ,. SHERIFF'S RETURN - REGULAR CASE NO: 2001-05815 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATTESON DIANA E VS CHIRINOS JOSE RONALD PAGUADA TREVOR KENT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within PROTECTION FROM ABUSE CHIRINOS JOSE RONALD PAGUADA the DEFENDANT , at 1525:00 HOURS, on the 8th day of October ,2001 at CUMBERLAND COUNTY PRISON JOSE ROLANDO PAGUADA CHIRINOS 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 Service Affidavit Surcharge 18.00 3.25 .00 10.00 .00 31.25 Sworn and Subscribed to before = me this 1'1 -- day of @~"'f A.D O'~J~ o honotary ,--",^;q~~tl~_! " ,~, So Answers: r~~-~~~ R. Thomas Kline 10/08/2001 BY:;1~ KJ-'. Deputy Sheriff - '-I - DIANA E. MATTESON, individually, and on behalf of her minor child, GABRiEL JOSE PAGUADA MATTESON, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN PROTECTION FROM ABUSE v. -,1 , JOSE ROLANDO PAGUADA CHIRlNOS,: Defendant : NO. 01-5815 CIVIL TERM ,,1, "j' FINAL ORDER OF COURT BY CONSENT Defendant's Name: Jose Rolando Paguada Chirinos Defendant's Date of Birth: December 3, 1955 Defendant's Social Security Number: 162-80-4301 'I" Names of All Protected Persons, including Plaintiff and any minor children: Diana E. Matteson and Gabriel Jose Paguada Matteson " AND NOW, this In' . day of October, 2001, the Court having jurisdiction over the parties and the subject-ma~ ORDERED, ADJUDGED and DECREED as follows: -:, :_!-! Pursuant to the consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following Order will be entered: Plaintiff's request for a final protection order is granted. I. Defendant shall not abuse, stalk, harass, or threaten the Plaintiff or any other protected person in any place where they might be found. 2, Defendant is evicted and excluded from the residence at 117 Wyncote Court, Mechanicsburg, P A 17055, or any other permanent or temporary residence where Plaintiff or any other protected person may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the prenuses. 'fi:1W.I",_e?_,_" ~__!"",.-~,~,~,_"",<_"u~",, '~'_" ,"" __<,1_,'''' _'''"'''_'~''_'" e' . _ ,"~' "--'(','n_I,_~"'''''' -"'--'''''-'-' ~ , . __lL ,0 3, Defendant shaH not contact Plaintiff or any other protected person by telephone or by any other means, including third persons. 4. Defendant is prohibited from possessing, transferring or acquiring any weapons for the duration of this Order. 5. Defendant understands this document as it is written in English, and does not require a version in Spanish. 6. All fees and costs are waived. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Upper Allen Police Department Tms ORDER SUPERCEDES [X] ANY PRIOR PF A ORDER AND [ ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. All provisions of this order shall expire in eighteen months, 'CI,.- . ./ipri'l D( 2003. ~ , " ,:~~r-'t~^~ ,,''-, ~,,,",,,?~..,, -'..~, "ox}'..,' ,~-'CC', ',' , ,":"" ,I ,",- ,"-'^' ",c """ ,"",~,,,~ -_,,~, -,' _ I' . NOTICE TO THE DEFENDANT VIOLATION OF TIllS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WIDCH IS PUNISHABLE BY A FINE OF UP TO $1000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 12 Pa.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYL V AN1A CRIMES CODE. TIDS ORDER IS ENFORCEABJLE 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 TIDS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.c. ~~2261-2262. IF PARAGRAPH 12 OF TIDS ORDER HAS BEEN CHECKED, 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. 0f!~:r1-""'}, "::1_"_' ~"'",,,,,r",,~-\-"<~<,_,,,':,,,,"_~, "-"0'-< '..,' ;-~""'T"'''''''':~''''",,- _ _,__,"'1"""'_"'-_' .'., " ," .~", '\--c . ";"<'~__' _ _ , , "~, , ,-- , "?_o,~ ~'"~, _ . ,"",-- 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 violated Paragraphs I through 4 of this Order an arrest may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw 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 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. ~ This Ord is entered pursuant to the consent of Plaintiff and Defendant: JosePaguada os, Defe dant v' Michelle L. And on Certified Legal ntem for Plaintiff ~J- ~ A / THOMAS M. PLACE V ROBERTE. RAINS TERI L. HENNING Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 JO"j( Rolando {JtJ~a.c{q (!),/~i'()OS COf/es p~fJa/~ !,VPr) IO~/{}~()/ . c.o:::Jf}Y ;A1'ljpc/ ''')-,--" -~"'-"'''''~'' "_',_t""~,,, ''-'~.,,,,,~_<y--,--''__'' "~Y'I" ,- ';,,~,"""",-,,- ~"'C~-'"C''~-''' , - '__"I~-" ,--, "" '~" "' " , -;~~~ap,~~],;--iM!_~~1l>,~~~~W?;&2~,glli>-j'G'i'i>~~\~iIii.!p'~~~."o\;im"'-j '~.Ei_Hi:a~.'~."''''~" _~ll'--'- ";:>"_c_.,_;-,,,, __,~- ~ '--h,,^ .. s"} c" I ~) ....~... '- (t~;,' ""-' -/, (,) , Sic ,,-::,;,-'- L:'< ;;---\ -<-'> (:~~ " , :..:::.j -< c;- f ,,) "-< -, ~~ ~ 11 11 " ~11 '. - K 1<' -<: ' ~ ~ s.. ~ -{} '" , :\-- '\;:"" ~ ~ 0.- cr- } t' '" ~ ~ \) ~ t VJ :'0 ~ ""\:) ~ --k V1 ~ ~ ~~ '" ~ - "\---.. '- ~ ~ -" c:::, , ~,. ~ ~ ~ ";-," ,,~- " , t~Yi~,:;~;J~.: _,~" -J~'[ft!J:M1WU~...,.~~,~JJ)lL.)}Jc~~nJ~-"\T,,-,J' ;"_':"~';~J._" U.",.-_i',,^"'Y-''''' ,0 '. , ~~'~tdK":Jrl"'1' >'-':",'."0' >..-,,'- " ^ _'~- --,,,'0 -_0><- _- ----,-- ,< 10/08/01 MON 13:35 FAX 717 240 6573 " " , CUMB CO PROTHONOTARY 141001 *************************** ... MULTI TN REPORT ... *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2835 01]9p2490779 03]9p2405331 PSP CP ERROR . , of'FlCE OF WE FROTHQ\OfARY Cl..lMBERLAND cnJNTY COUR'IlICIJSE ONE a:xJR1lfOOSE SQUARE CARLISLE. PA. 17013-3387 (7l7) 240-6195 FAX (717) 240-6573 VIA TELECOPIER TO: FA){ n: PA STATE POLICE ~ Ce...t. PltOU.U. , 717-249-0779 ~: CURTIS R. LONG RE: pFA ORDERS MESSAGE: - -" ------ JL N'). OF FAGES (IlI1CLUDING calER SHEET) 'llrls ~ is inI:e'dsi cnly fix' tie \J!le of tIE 5rdivid.ill a: entit;v to Wrid'I is is ..-l4, ~..ni I1'B'f o:ntDin ir1fuIlratiCn ltet is p:Mlq;l.. ~ aU ~ bxm diocJCI$I~ \.I"lEr -'g,Jl;.......'P~. If I:te mrl!r cf this II "'J' is lOt t:!'e inte'de:1 r.ecipimt. ~ are ~ rotifiai thrt {fij ~tkn. dist;riI:J.ltim ClI: a::p.tirg cf this o:nmnica"Jm ll; st:rictly p:d'libittd. If JOJ h:n.e m:ai\91 tlus aJlIlU'1ico'ltirn in en'\lL". p1.Eme rctify us irmB:l.iateLy t!f teleP'uE a-rl t1!bJm the cdgiml "eF'1J'! to us at .... _ ~-=... .......... p t:;:: ~1 FPrVit":e.. 1h:Ilk.,oJ. ':',!,W"l"""~ "' _ ~". , -~ ~v r' ~- . - !-I 1 '-" ~,,., -~ l { r~n. DIANA E. MATTESON, individually, and on behalf of her minor child, GABRIEL JOSE PAGUADA MATTESON, Plaintiffs OCT~01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , , , : CIVIL ACTION-LAW : IN PROTECTION FROM ABUSE v. JOSE ROLANDO PAGUADA CHIRINOS,: .z::-. Ie- Defendant : NO. 01- u8 IV CIVIL TERM 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. ,v.-- . A hearing on the matter is scheduled for the -.l.L, day of October, 2001, at.3 .30 pn" in Courtroom .3 at the Cumberland County Courthouse, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. lfyou 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 fme 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 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 (717) 249-3166 AMERICANS WITH DISABILITffiS 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, plea~e contact ~lUr 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. . ,-,~" ~~L, =, __ -^-" ,=-'" '-' "- --' ~ -"-- ~'.:;-" __" _ ,~-_, , ',- ,,~"~, ,~c. " .'1 ,- ~,- "",., "" "..'"'_"-- __w' ." ", !'!I!!IIII,-" '.' . ,~ '-' ~-y.. ^"""",. r~. ...."~]_ 1m" -~ ,,<.. < ~ - ~, ,,~ "'--'e;- ";~'ff~)t'jn'i:r'I:;r",\,;-,~,,'f.f_(';1i;f~;z"Bf:(;k s~E1t~f?;:(f~i'lf:i:,q~I~~':-::_:::'&_:- ;":1iifgf_'U:';~;':!'f: rp f~~-:' ~~;. r;::C .. 7 c.~ o S~ C) C) '_. t' , " _ ,_!F"'___~,-r<;""~~ll'm~_i1'i1!~!.lil&'''',~<:~~'N''1'1Jlf-WJIfi';j~~.~~,im~~'lii!i~~~; Ii ,::::) .:"") ~~-1 c: ::'~) . Tllifn, -~'U1!! .~ ^ DIANA E. MATTESON, individually, and on behalf of her minor child, GABRIEL JOSE PAGUADA MATTESON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA : CIVIL ACTION-LAW : IN PROTECTION FROM ABUSE v. JOSE ROLANDO PAGUADA CHIRlNOS,: / Defendant : NO. 01 -SS/S CIVIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Jose Rolando Paguada Chirinos Defendant's Date of Birth: December 3,1955 Defendant's Social Security Number: 162-80-4301 Names of All Protected Persons, including Plaintiff and minor child/ren: Diana E. Matteson (Plaintiff) Gabriel Jose p~da Matteson (Plaintiff's Minor Child) D.O.B. 6/19/99 AND NOW, this ~ day of October, 2001, upon consideration of the attached Petition for Protection From Abuse, the court hereby enters the following Temporary Order: [X] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. [X] 2. Defendant is evicted and excluded from the residence at 117 Wyncote Court, Mechanicsburg, PA 17055, or any other permanent or temporary residence where Plaintiff or any other protected person 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. [X] 3. Defendant is prohibited from having ANY CONTACT with Plaintiff or any other protected person at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. [X] 4. Defendant shall not contact Plaintiff or any other protected person by telephone or by any other means, including through third persons. [] 5. Pending the outcome of the fmal hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 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] 6. Defendant is prohibited from possessing, transferring or acquiring any weapons for the duration of this order. _=, ~_,__~,,^.~.__ ~_~_'_ "_d,_ .~.,'~'" _.,,"~.~, .'_. ''"', ,__~ "''''''' , , ~, ,- ,. .' [] 7. The following additional relief is granted: [X] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Upper Allen Police Department [X] 9. TillS ORDER SUPERSEDES [X] ANY PRIOR PF A ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY [Xl 10. TillS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY TillS 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 fme of up to $1,000.00 andlorup to six months in jail. 23 Pa.C.S ~ 6114. Consent of the Plaintiffto Defendant's return to the residence shall not invalidate this Order, which can ouly 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 I through 6 of this Order, defendant shall 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 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 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 weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. ""!III:: ';;:'''f:1_ '-~-' '" ',_ .~ _ ~ , ~_",., _ "'_~" ~,." ~,,'__, , -'_--c.",-':_,~"""~", c ~,_.~,,'" _ .? >, '." c,. -,,", , .,,'" _,: ~c,__ ',<,';._ __ ","", ,,"~ -T,.,', '1'4-' __" ' c"". ,- .--,~-- ~- ' ,,-~ , ,.- , - " r- """ ~ , "'!-" ,~-' ~~':"J"'~~'- ~j:1'~ -,"-,=.-,.'-''''' ~, ,,", -"'l~'~l''rifi!:w.w~'' '~,!;1",<N; j;t'>~:4~It~~'~;n~t"i:{;:~':(W:;~ ut~'j'i~'~~_-w~:~~~,4~?~6i;w\]g (/) (") c:::' (..) ~~ <C.' '~:J ,.1 c', " r'''' -,"-I ~6 (/; C) ~ ) "":J ,;.- ~, - , -" :::: ':"~, ,.-. ?"!=-"f~,ii!I~l'll~~!fl~~["''''W!'i!!,~?I!R1.~I!li:.1'tJl~F~"".l':,l!fM;"r~~~i1,'Wl!!fi1IlJ!'ffl.~',; '. DIANA E. MATTESON, individually, and on behalf of her minor child, GABRIEL JOSE PAGUADA MATTESON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : IN PROTECTION FROM ABUSE v. \ JOSE ROLANDO PAGUADA CHIRINOS,: ~ Defendant : NO. 01- 5015 CIVIL TERM ":,! PETITION FOR PlROTECTION FROM ABUSE I. Plaintiffs name is: Diana E. Matteson 2. I am filing this Petition on behalf of [X] Myself and [X] Another Person. 3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Diana E. Matteson Gabriel Jose Paguada Matteson 4. Plaintiffs address is 117 Wyncote Ct., Mechanicsburg, PA 17055 -,'j 5, Defendant is believed to live at the following address: Cumberland County Prison Defendant's Social Security Number (if known) is: 162-80-4301 Defendant's date of birth is: December 13, 1955 Defendant's place of employment is: Kamand Construction, Mechanicsburg, P A [] Check here if Defendant is 17 years old or younger. 6. Indicate the relationship between Plaintiff and Defendant. [X] Spouse [] Current/former sexual/intimate partner [] Parent/child [] Other relationship by [] Ex-spouse [] Persons who live or have lived like spouses blood/marriage [X] Parents of the same children 7. Have Plaintiff and Defendant been involved in any of the following court actions? [] Divorce [] Custody [] Support [] Protection From Abuse If you checked any of the above, briefly indicate when and where the case was filed and the court number if known: 8. Has the Defendant been involved in any criminal court action? Yes. Defendant is currently incarcerated on criminal charges stemming from this incident. If you answered Yes, is the Defendant currently on probation? Defendant is currently incarcerated in the Cumberland County Prison on charges of simple assault, harassment, public drunkeness, and disorderly conduct. Defendant's preliminary hearing was held on October 8, 2001. He was bound over for trial. The Court prohibited Defendant from contacting Plaintiff. :)~'""L-", ~,., _ - "",_, _~,,' _ ,""'.-'o,-~",c~'~ -"_'""~" "'" 1J.-."",. '-,"f'-"" ' ,,"';,'-. ~~ - '- '1 ' * - L ~ f ~ 9. Plaintiff and Defendant are parents of the following minor child: . Name: Gabriel Jose Paguada Matteson Age: 2yrs. Old, D.O.B. 6/19/99 who reSIdes at 17 Wyncote Ct., Mechanicsburg, PA "I 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, in what county and state was the order issued? NI A If you are now seeking an Order of child custody as part of this petition, list the following information: N/A. ,'I , (b) List any other persons who are known to have or claim a right to custody of each child listed above. N/A. 11. The following other minor child/ren presently live with Plaintiff: NI A. 'i'i ;:'1 'I 12. The facts of the most recent incident of abuse are as follows: Approximate Date: October 3,2001 Approximate Time: Between 10:00 p.rn. and 1:20 a.rn. Place: 117 Wyncote Ct., Mechanicsburg, P A Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking medical treatment sought, and/or calls to law enforcement: Plaintiff and Defendant were at the residence, and Defendant was visibly intoxicated. Defendant became angry and started yelling at Plaintiff, when she refused to give him the keys to their automobile. Plaintiff told Defendant to sleep on the couch. Defendant then stormed out of the house, carrying clothes and shoes. He threw his personal items on the ground and on an automobile. He yelled at Plaintiff and told her that "she would be sorry". He got in the parties' Mitsubishi Montero, continued drinking (he had a bottle of Wild Turkey bourbon in car) and started making cell phone calls to Plaintiff, yelling and swearing at her. He then picked up a two foot machete, and waved it around, so that Plaintiff could see what he was doing. Making sure that Plaintiff was watching (and while looking menacingly at Plaintiff), Defendant started thrusting the machete through the roof of the Montero. He made over 30 holes in the roof of the vehicle. He also punched and pulled at the interior of the vehicle, causing damage to the steering column and other parts of the vehicle. Plaintiff called the police, who arrived at the residence and witnessed Defendant damaging the vehicle in this way. In view of the police, Defendant thrust the machete through the roof of the vehicle at least one additional time. The Police arrested Defendant at roughly 1 :45 a.rn. 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 a history of violent, angry behavior. There has not been prior physical abuse. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child: a machete (see above) <,JI )" ,1'.,_ ,_'c,'," _ ,~"~,,^"=,,,",__~~; __ )h,""'__' "'>, ""-'" ,~" ,,"," ,,__,H, ," r"',T~'''~''-''_ 1-"', '. "; ;'"-", "v", -- " = ,. ' 1"- fIr . ". 15. Identify the police department or law enforcem~nt agency in the area in which Plaintiff lives that should be provided with a copy of the protectlOn order: Upper Allen Police Department 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 [X] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 117 Wyncote Ct., Mechanicsburg, P A 17055 [X] owned by (list owners, if known) : Estella Matteson (Plaintiff's mother) [] rented by (list all names, ifknown): [] Defendant owes a duty of support to Plaintiff and/or the minor children. , [] Plaintiff has suffered out-of-pocket fmanciallosses as a result of the abuse described above. Those losses are: 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 (CHECK ALL FORMS OF RELlliF REQUESTED): i '--j , q [X] A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/of minor child in any place where Plaintiff may be found. [X] B. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [] C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. [] D. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: ;':' [X] E. Prohibit Defendant from having any contact with Plaintiff and/or minor child, 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 fmd necessary with respect to partial custody and or visitation with the minor child. ::'!- ,"i, "" [X] F. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this Petition, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor child. [X] G. Prohibit Defendant from transferring, acquiring or possessing any weapons for the duration of the Order. [] H. Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical support and [] payment of the rent or mortgage on the residence. [] I. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. . ,"" . -'" """~ .~_",~~".o"""""",,'"'~__"-'. _,~,~"_"~', " "~,,. ,,_" d"? '-"","""6 '", , -"" ?~ """0 e,"' it" _:: [X] 1. Order Defendant to pay the costs of this action, including filing and service fees. [] K. Order Defendant to pay Plaintiffs reasonable attorney's fees. [] L. Order the following additional relief, not listed above: [X] M. Grant such relief as the court deems appropriate. [X] 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 Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. ic elle . Ander Certified Legal Intern ~. PL':ctJ- ROBERT E. RAINS TERI L. HENNING Supervising Attorneys 10/'610 I FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 copes rer&)tVcJly QI\j~ ~ tarn'/\y l..-qW Ct'N\C ~+f lJ0J-6 ~+ ~e~J0t .i Co~~ ~){ed ~ -.pS\=? ~ cl=? {l ~35 Cor! tl\Q\ led ~ ~:~;p /O!3(J/ '"'_~lft_ ,- -," ,- -v' ~ ,_, _", _. " . ".' ~,.<'__"" . ..,,,, '", ""n", __"'__'_,'~' ~' .". ,- -'--. '_?, --""'"" ',' '~ ,'" _ '- _ ~" ,,, .. ~ ''','',,"- ~ '" ., '" ~< ,~- ,,~^,- "' "'~ '. ,- ,', ""-~-' ~~_I! h".1" - ':;;"'1 J,"i'}~{; '-;fji"'f~'jJ~r-Yf :';'Yf1j<"~,~!,;l'tf~li"!~~{fv:'~1~~fli$~'?~~~1':' "~:;f:J'~\i'i<J;;; f'>~'> (---:; ,~., ".') --1 {,;O ~ t:- '- ,~_"'~!l!~m":'~~Mlmi",'"_"'r~;":%~f!I'l!l['<ml~~~~!i!>'E!Jl~%i~~'!i!'~Il!ffiI',f!l!~'l' i&- . . . .. VERIFICATION Understanding that the making of any false statement would subject me to the penalties of] 8 Pa.C.S S 4904, I verifY that I am the Plaintiff 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, information and belief. ~~ f!y OL.--l 2-00 I Date Diana E. Matteson '-'-',.1 ~ .." ,<'.. . "''',''_''"~r~ ~~. " < ,~,^"",~~.,~_ o,_,~," ~ " ~~" . ~ < ^ ~" "c'", '"'~ - ,~ , ~ r ~. , '~',~ -= <, c""'f ~'"-~ "",;,lIlPrY_ -, -- "'~_.r-"" ,~ ".- '" '-'i'~~"""'Wt':;if~t"~'"{t1{l~(' '~t~~'~c>:fh~'lft"f!if;~"'1\,Y1j")~1~'~51{~1'nJiTj;6tj~I~;nT~''f~^'~!it IH;~~':i"~'i "" r p c- "" , Q C" -s.~ ':::':1 -, .~l ., --, 't'1 j ('~ ,~ - ~ ~-; -';0 <( ") - .r~ c- t:"J ~1 -, > "~,~-!f_\II!!l'IfI_"'~~1Il>\~''!'i\I~Wl'i!;!R}11'~il\l''~~i'!l'~WI1F~Wl!~l!<~~.i.Jm~;:;~8\~~1,If" Diana E. Matteson Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-5815 CIVIL TERM Jose Rolando Paguada Chirinos Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT kORDER OF COURT . AND NOW, this $ day of December, 2001 this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for this issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, Jose Rolando Paguada Chirinos If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. P.l Michael W. Mervine Assistant District Attorney CHARLES LEE CAROTHERS, JR. 't"i"""""'''t._,"""r"t.., ll_~ """"m ,,' ,~ ~ ~ , .."., _ 111'n!r~:J!~~l~~ ~ " '?' "''',,~<'<'''>C -'" -~'':< ,-", v~~ ,""~-~'~- '- n~mnrr liCrr:~ 1 ','n lIJiI'TN"" ~")'Jl'~,y '~:r:f";':':f'~Si o f; "D j~~~r; rnf~::; zc,: ~~;~- '- :0__ 'I"'~','iirn!J]U--W\!iL 4; _ ,~'''"'~B~W$f~~~~~~}!!~~lllilR~_!'I'1'l'<1f}N'"''''u~'''''::,*~,-'''=',-~,,.:h"1'- c' C) "h i':j f'l c-" ,:_,) l'".' ;,"iii:"';I~"'_"""_"l-,W"'jj'?i~,~-1~~!%f~,;;-;;;I~~tl'i~~f.!! , Diana E. Matteson, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 01-5815 CIVIL Jose Rolando Paguada Chirinos, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FORA HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Michael W. Mervine, Assistant District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges ofIndirect Criminal Contempt: I. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. S 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge ofIndirect Criminal Contempt. Respectfully submitted, uw~ Michael W. Mervine Assistant District Attorney ':"""'7""-,,,,,,",, ~""1_ , '- ",., .' "~ .., I ~~ ,~^". COMMONWEALTH OF PENNSYLVANIA) SS: OCA: COUNTY OF CUMBERLAND ) TO: R. Thomas Kline, Sheriff, or any duly authorized law enforcement officer. RE: JOSE ROLANDO PAGUADA CHIRINOS 147 West Louther Street, Apt. 1 Carlisle, PA 17013 OLN: RACE: Hispanic DOCKET #: 01-5815 CIVIL HAIR: BLACK SSN: 162-80-4301 PA SID: DOB: 12/03/1955 SEX: M HT: 5'1" WT: 1251bs EYES: Brown FBI: OTN: VIOLATION OF INDIRECT CRIMINAL CONTEMPT WHEREAS, the above-named defendant allegedly violated his protection from abuse order on December 13, 2001, the indirect criminal contempt was filed by Det. Kristin D. Mertz of the Cumberland County Criminal Investigation Division. WHEREAS, this Court on December 14, 2001 directed a Arrest Warrant be issued for the apprehension of the defendant. This is therefore to command you to arrest the defendant above and bring him/her before at Carlisle, Pennsylvania, without unnecessary delay to be dealt with according to law. WITNESS the undersigned Judge, at Carlisle, this 14th day of December, A.D" 2001, i~' ~J~C~ George . Hoffer ' P. J. -'if"':W:""~'11O "~, ~" ., -, f , r,' " .,.~ " ,,' I~ :"fVr'il:' ij DIANA E. MATTESON, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-5815 CIVIL TERM JOSE ROLANDO PAGUADA CHIRINOS, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: SETTING HEARING DATE/BAIL ORDER OF COURT AND NOW, this 14th day of December, 2001, the Defendant, Jose Rolando Paguada Chirinos, now appearing in court with the Public Defender, Jessica B. Rhoades, Esquire, on a charge of Indirect Criminal Contempt, and having indicated that he has available to him cash in the amount of $1000.00, and that he is residing at 147 West Louther Street, Carlisle, Pennsylvania, and the Commonwealth in the person of Michael W. Mervine, Esquire, having indicated that it would be satisfied with bail in the amount of $1000.00, bail in this matter is set at $1000.00, and the defendant is directed to appear for trial ;i before the Honorable George E. Hoffer, in Courtroom Number Three, Cumberland County Courthouse, Carlisle, Pennsylvania, on Friday, December 21, 2001, at 11:00 a.m. It is noted that, pursuant to an agreement of counsel, Jaime Rivera of the Probation Office served as interpreter in this proceeding today. The defendant is notified of his right to free counsel in the person of Jessica B. Rhoades, Esquire, at the trial in this case. Michael W. Mervine, Esquire Assistant District Attorney CCP ;!; Sheriff , HAtJD-\)GLIVti2ED Victim Services :mtf Jessica B. Rhoades, Esquire Assistant Public Defender t-(~, ~ ~^' '" ',< ,c"~, __ '"__,' I ' .' "..". - '~MIlii- ~--"'~~ij;;l"oi;;m',.Y"ill'!!~~"'&"'!"_~1"""l0~:!;j,-,,-'-i:;;i::;i''lc'~''''[i,~_';,"" 'H ,<"""~,:,,,'-l~"\"";;~;';'-Jk!i1Z1i~~~-;wljrl.Wi'LQilllil,MM~~'-".'~'_~"..,.,""""""""" '"'~- ~, ~ ~ ,119 -S3 "I , I' I. i. :'-11,:' C(lv i.. '''', PFI\i\S"ri~,:,'':.:\;, it<~,;,~?~- \,::J;:, ',~,~1,,)~rf~~I~~';;~:d\ld""~,~4~~";.'~.,I1~'~;:'~"'::~Y:"~~:'- :,;,~:,.",U~"~,,,':.,t~.,~L?'.(- "'''''~'' ..~~ "" . , DIANA E. MATTESON, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOSE ROLANDO PAGUADA CHIRINOS, : Defendant 01-5815 CIVIL TERM IN RE: CONTINUATION ORDER OF COURT AND NOW, this 21st day of December, 2001, testimony having been partially concluded in the case, the matter is continued generally until next week in order to give the District Attorney an opportunity to procure witnesses from the Dickinson Legal Aid Clinic to the signatures on the document and the understanding of the defendant if any to the order. By the Court, Jonathan R. Birbeck, Esquire Chief Deputy District Attorney For the plaintiff Jessica B. Rhoades, Esquire Assistant Public Defender For the Defendant pcb .~ ~~O\ ~~ ",,;,~, '-'"'",~~rr~_~''' < 'S."l,',,'"-'[- ~','. ,~".~,",' "'~,_,, ~_""",'''',^I~,'' '." C_'" _," ,","",,__ ,~~':' - ,,~. - ~ _ T' ,,~ '~- , ,," ,;, - ~i,l;t~~r,""l!if,~~,--~;p.-'$,;;*i~l'f,1,j~{,tl;)!i:iffiMl~oti~"'1l!i',"';!' :\,j".~ /fJ " '" 'M! ~ J'~:t};,.~~~r 2t~1: ;;-~''',c-'-'''-'::'_'"'_'' . - J" >1-,L1l1PL,;, J_L,-.s,L~~~~",lJtU~,J,,~ "*~"';:"-'Ir<"..", , ),~,t,y u>-!;\,ii-,;,~,,~ llllii.i'W""",,",- 't,&-.u';'&IB->~i!<1fi"'i,'.~f~'filli'_" ' ,CFFiC;E Cf ~-'~!'~,';!"!""',iC)TARY OJ OEe 27 IlH /0;;:;0 CU""E'." J.',I'" COUNTy IbQ hV\)\f-/ J, PENNSYLVANiA <'-" '-",'>-""'7~""'''\ _,,_ """!Jl.>__,",~ \\I.!l",illl"illmaiill!mL l:iiiJ""'" ,~ ,""~,",,, "--'-lIiiiiiIl DIANA E. MATTESON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JOSE ROLANDO PAGUADA CHIRINOS, : Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE 01-5815 CIVIL TERM IN RE: INDIRECT CRIMINAL CONTEMPT/SENTENCE ORDER OF COURT AND NOW, this 7th day of January, 2002, after hearing and consideration of the testimony presented, we do find that the defendant was well aware of the terms of the order before he made his phone calls to the plaintiff/victim, in violation of the PFA Order entered. Sentence of the Court is that the defendant pay any costs of prosecution associated with the filing of this petition, and that he undergo imprisonment in the Cumberland County Prison for a period of not less than 3 weeks, nor more than 6 months. We give the defendant credit for 3 weeks previously served, and we now place him on parole for the balance of the unexpired term on the condition that he obey the terms of the PFA order to which he previously agreed. By the Court, ~ 0 . er, P.J. vlJonathan R. Birbeck, Esquire Chief Deputy District Attorney . .~ \ For the Plaintiff /' ~ 1(3o....::l..t..d vGessica B. Rhoades, Esquire {Ej-/1-CJ2 --p,Y 5 Assistant Public Defender 'f\ For the Defendant t!probation -INter- ()Ffic eo CCP Victim/Witness pcb !,{?,g,.~_ ~'M " _ , .~ ,_~, ." ~,~-'" -", '," . _ _" ~, 0 . - "'t~~>lWW1"\;i~li~1-"i!M~'l$;\i:iI!!Il!m'~I_~~"ti~~,:h,Y<fi,,;!ZJ;,, -;,'i,;,i''''~''''A'''"'-~,:;;',1'i!&i"~~''1('~' - iiil:l~'VI /Ie 53 OF II:-'T' 'f/,NiY 1"''-, t/{:, f iL~,~ I i , ,,~ , l-:, l'lU }[" , '<1/ ,;. nf-t ('I r,~ i'-:'-::, , " .........U,~' ',"I 'L ,,",, .:.....'-1-, ;"1;\; , "'/'\;'~~. PC...-.\I,\I....\)'--J .CVl/iIJi)' Hi -.~(I'/D,hll!, -" 'tV.... ". :j'i4\-~l$5:;+~,I;;,,~.{~!-;4$:~\tf,~~r:,{~~%yt~~,~'1,';; }"ih1,;<,!a;M_~:. i -:;,"~;~~"f--' ;!,~J,~ '."-:,,~[,,LJ<;~J;,J, ;',";,:'o"---i<" _ "':"'.. .'~ ~~~~il;!'-''''1~P'''1l1 "~'~"':''<n''i1-' ~ .... i 1 ~ DIANA E. MATTESON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JOSE ROLANDO PAGUADA CHIRINOS, : Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE 01-5815 CIVIL TERM IN RE: REVOCATION OF PAROLE ORDER OF COURT AND NOW, this 7th day of January, 2002, the defendant, Jose Rolando Paguada Chirinos, having appeared on a petition for revocation of parole, and the defendant having admitted the allegations of the petition, we do find the petition to be supported beyond a reasonable doubt. Having so found, we revoke the parole granted in this case, taking away any street time earned, and we recommit the defendant to the Cumberland County Prison for service of the balance of the unexpired term. By the Court, ~nathan R. Birbeck, Esquire Chief Deputy District Attorney For the Plaintiff fl~. ~ /Jessica B. Rhoades, Esquire L0-tq.O:2. Jf)O o~ Assistant Public Defender ' ~n For the Defendant v]5'roba t ion. "I~le.I\' O[;c. e.., CCP pcb -~f.~,,,,._. , , . ~" -, ;""!'"l' '_ '~', ~ -'Ji,i!iit~l<<iIW1lil11!i:mtttk;it-ii1Brt1iV;!;lii~il*~~,;.l~i!!1%ffioc;&J;j~lli"""j\"1;;";'1---;;".,,,,j-:__"i,,',~ilii;;lf-'f.r1iib'i-j:i'-,~fffi,j,~~_~~~-l1il. 1/-8 53 F: I 02 Jil'! f i, I'i;,; IT)" {" 1 ~ I I,' j i} '"U't''''' ."L' " '" "yt" ."1') I' 'i)U"'-V 'M....1 'i\L ~i,- Nil r-ENNSYLVANIA fi'i;~~: ~3}J",: -~,~,""~r,.;:!~ hi}; ~~,;,J J,~~ JLs "~'l,-",',.,,,;k\'!\e"{J~~lJ),_~\R1L'~,"'1 'J'-'<,& -'.' ,r-r'.~'~>,d"" ,.,.. ~ ~,M ~~~ ."~ '~~'''"'''-rllliillji:li. ~~" ~ "iiIIW. '~t"l"'~1! r ,"'"]''' '1.1 'I -,," CERTIFICATION OF PFA a:.Nl'EMPT ~ ~ 01-5815 CIVIL TERM NAME JOSE ROLANDO PAGUADA CHIRINOS VICTIM'S NAME: 147 W. LOUTHER ST., APT #1 CARLISLE PA 17013 DIANA E. MATTESON BALANCE DUE: $ 108.25 ADD DELETE $ $ $ $ $ 32.75 $ $ 15.00 $ $ 15.00 $ $ 45.50 $ 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME PROTHONOTARY ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP PROTHONOTARY OFFICE " l J' PERSON CERTIFYING INFORMATION 31!.-1' I ~ .1UA (L~u DA T / '-- ,:;(1 ~() ~ ' ,"_!;?{.T.~"",",~.,. {_I I, " ., '" .." -"~I "~or' '<f,-~,y;;,-.t-.~ L'f-"" " j" v . DIANA E. MATTESON COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-5815 CIVIL TERM : PROTECTION FROM ABUSE JOSE R. PAGUADA CHIRINOS ORDER OF COURT AND NOW, March 28,2002, based upon information received from the Probation Office that the defendant is under INS custody and is being deported, the above case is closed. By the Court, District Attorney P.J. Public Defender ~ ~ c1.J. f., ;n,e 9-- CCP Victim Services -. ,li[" " ,>,\ ., ,\ , , I :.-,~,- ,- .,,~. H' '... ' I'" .,~ .. ,~,' "o,~-",,'~-p,' ,~, '1 . ;,~',J,~f~iillRM.4l<'"~iM<iI1NJ!~1m<J.~til:~~~ft["~"',-\if'fjf''';'-i-',''-i<k~,,,!j:!l',lH...';!n;-!I;-,$l'f~11Ifi,~.~ ;g 'fS,~,4t,;,;,:P:",~,,,,D__,_:W~HI:;I;,u'.L:,.rJ;!J,~UtlM~l~H;<l,,>A%;~qY;,J,~b~{~"i;', '> ~_,~j,';~_l.:A:}",.{~ ~,;~, ~7"-_-,~,,,,_ '",. ~.l_U '][j~ 'i' ? :~ '..',", ;1: ? ",,, l.rUi.... .' ""," ,," ;~'." ~;,;'",~<" ~" Mir