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HomeMy WebLinkAbout99-06254?z?l ?O • ?- ?a5? CIYi ITerm IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA MICHELLE L. LITTLE VS CHRISTOPHER J. GARRETT No. 98-SU-06092-12 York, Pa., Monday, December 21, 1998 Before the Honorable Richard K. Renn, Judge 00 '0 7 APPEARANCES : n r': V Advocate from ACCESS, -. For the Plaintiff Defendant's Name: Date of Birth: Social Security Number: Names of all Protected Persons, including Plaintiff and Minor Children: Christopher J. Garrett, 415 Second Street, New Cumberland, PA 17070 2/21/76 219-15-6748 Michelle L. Little, 605 Evergreen Road, New Cumberland, PA 17070 1 O R D E R The Plaintiff is present in Court. She is not represented by counsel, but is accompanied by a representative from ACCESS. The Defendant is also present in the Court. He is not represented by counsel. The Court is satisfied, however, that he has knowingly, voluntarily and intelligently waived his right to a hearing in this matter. AND NOW, This 21st day of December, 1998, the Court having jurisdiction over the parties, and the subject matter, it is hereby ordered, adjudged and decreed as follows: Upon agreement of the parties for the entry of a Consent order, this Order will be entered without any admission of liability by the Defendant, and without any finding of abuse by this Court. The Plaintiffs request for a Final Protection Order is granted. The Defendant shall not abuse, stalk, harass, or threaten the Plaintiff, in any place where she may be found. This prohibited conduct includes, but is not limited to, directly or indirectly through third persons, threatening or attempting to cause or intentionally, knowingly or recklessly causing any 2 bodily injury or serious bodily injury to the Plaintiff, either with or without a deadly weapon. The Defendant is completely excluded from the residence at which the Plaintiff now resides, or any other residence where she may reside during the term of this Order. The Defendant shall have no right or privilege to enter or be on the premises. The Defendant is prohibited from having any contact with the Plaintiff at any location, including but not limited to, any contact at the Plaintiff's place of education, place of business, or place of employment. The Defendant shall not contact the Plaintiff by telephone, or by any other means including through third persons. The costs of this action are waived as to the Plaintiff and imposed upon the Defendant. The Defendant shall pay the costs of filing, copying and service of this petition to the Treasurer of York County, located on the Fourth Floor, One West Marketway, York, Pennsylvania, 17401. The costs are to be paid within 90 days of today's date. It shall be the Defendant, Christopher J. Garrett's, responsibility to contact the Treasurer's Office to determine the exact amount of costs, and to notify the Treasurer's Office within 48 hours of any change in his mailing address, or place of residence. In addition, the Defendant shall pay the 3 reasonable and necessary medical bills incurred by the Plaintiff, as compensation for Plaintiff's out-of-pocket losses. The Plaintiff is directed to promptly forward copies of the bills to the Defendant, and he shall within 30 days of receipt of the bills make payment directly to the health care providers. Since this matter was resolved without the necessity of having a hearing, we make no findings with respect to the Federal Gun Control Act. The provisions of this Order shall expire in one year from today or on December 21, 1999. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT, WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS, 23 PA.C.S. 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. 2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER 4 THAT ACT, 18 U.S.C. 2261-2262. IF THE "BRADY" PARAGRAPH IS INCLUDED IN THIS ORDER, 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. NOTICE TO LAW ENFORCEMENT OFFICIALS 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, shall enforce this Order. An arrest for violation of this Order may be.'i without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police, 23 Pa.C.S. 6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection order or during prior incidents of abuse. The law enforcement agency shall maintain possession of the weapons until further Order of this Court. When the Defendant is placed under arrest for violation of the Order, the Defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect 5 Criminal Contempt" shall then be completed and signed by the police officer or the Plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. We direct that copies of this Order be sent to the Plaintiff at her address, at 605 Evergreen Road, New Cumberland, Pennsylvania, 17070, to the Defendant, at his address, at 415 Second Street, New Cumberland, Pennsylvania, 17070, to York County Control, to the York County Sheriff's Department, to the Fairview Township Police Department, to ACCESS, to the York County Treasurer's Office, and to the Pennsylvania State Police. BY THE COURT: i Richard K. Renn, Judge bcf - 12/22/98 r-n? fmm the reco?r`d,s: `o-f Jth.e ^Co ttt of C? nn Pleas nr^ork Fcnunr? Pcnncylvania u > of p.D. I 1 Sucia N. GAGS, Prothon"ay 6 r u, ? C 00 7 i W X i i i a ;• i i U rn u'? .3 C>