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HomeMy WebLinkAbout02-3823From:CENTRAL BOOKING Final Protection From Abuse Order 7]7 975 2]66 08/09/2002 01:02 #187 P.OOI/O06 Page ] of 4 Tiffany Nicole Greenfield Plaintiff' Dofistene Serita Walker Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA : No. 2430 cv 2002 ab : CIVK, ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Doristene Serita Walker Defendant's Date of Birth is: September 19, 1961 Defendant's Social Security Number is: 152-~0-7450 Name(s) of All protected persons, including Plaintiff%nd minor children: 1. Tiffany Nicole Greenfield Appearances by Parties and/or Counsel: · Plaintiff appeared personally and is represented by: Jean Bandish, Certified Legal Intern · Defendant appeared personally and is unrepresented, AND NOW, this 19th Day of Suly, 2002 the court having jurisdiction over the parties and the subject-matter, it is ORDERP_n ADJUDGED and DECR~.~.D as follows: ' Pursuant to consent 0fthe 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, 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ~.~nai~rder.as~Fina~rder~D-.~34598&cmdM~ve-View+C~m~eted+F~nal+~rder&pf~dnum=U 7/19/02 From:CENTRAL BOOKING 7]7 975 2]66 08/09/2002 01:02 #187 P.002/006 Final Protection From Abuse Order 2. Defendant is prohibited from having ANY CONTACT with the 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. Page 2 of 4 Defendant shall not comact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Defendant shall immediately turn over to the SherLff's Office, or to a local law enforcement agency for delivery to thc Sheriff's Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse a&ainst Plainfiffand/or the minor children. ANY AND ALL WEAPONS AND PERMITS 5. Defendant is prohibited flora possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. Any weapons and/or firearms license delivered to the sheriffpursuant to this order or the Temporary Order shall not be returned until further order of the court. The costs of this action are waived as to the Plaintiff and imposed on Defendant, as follows: AS PER SEPARATE ORDER 7. BRADY INDICATOR · The Plaintiffor protected person(s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parent ora common cbiJd, a child of that person, or a child of the Defendant. · This order: is being entered aider a hearing of which the Defendant received acmaJ notice and had an opportunity to be heard. · Paragraph 1 of this Order has been checked to restrain the Defendant from h~rassing, stalking, or threatening Plaintiff or protected person(s). · The terms of this o~'der prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expemed to cause bodily injury. · ../finalorder. asp?FinalOrderlD=34598&cmdMove=View+Complct ed+Final+Order&pfadnum. U 7/19/02 From:OENTRAL BOOKING 717 975 2166 08/09/2002 01:02 #187 P.OOS/O06 .. Final ProteciJon From Abuse Order Page 3 of 4 A certified copy of this Order shall bc provided to the police dcpertment where Plaintiffresides and any other agency specified hereafter: Harrisburg Police Johnstown, Bucks County Police Carlisle Police 9. All prpvisions of this order shall expire on: Sanuary 19, 2004 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTFaMPT WHICH IS PUNISHABLE BY AFINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA. CS. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CILIMINAL PENALTIES UNDF2, ~ 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 ' TI-,IE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SU'BJ'ECT TO FEDI~RAL CKIIvlINAL PKOCEEDINGS LrNDER THAT ACT. 18 U.S.C §§2261-2262. IF THE. BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FRr~ERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §922(G), FOK POSSESSION, TRANSPORT OR RECENT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCElVIENT OFFICIALS The police who have jurisdiction over the plaintiff's residenc~ OR any location where a violation o£this order occurs OR where the defendant may be located,' shall enforce this order. An arrest for violation of Paragraphs I through 5 oftkis order may be without warrant, based soley on probable cause, whether or not the v/elation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize ail weapons used or threatened to be used during the violation of/he protection order or during prior incidents of abuse. The Dauphin County Sheriff shall maintain possession of the weapons until further order o£this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is tO be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiK. Plaintiffs ~ ~ ./~nai~rder~as~ ?Finai~rderID---3 4 $ 98&cmdM~ve~View+C~mp~eted+Fina~+~rder &pfadnum--U 7/19/02 From:CENTRAL BOOKING Final Protection From Abuse Order 717 975 2166 08/09/2002 01:02 #187 P.004/006 P~gc 4 of 4 presence and signature are not required to file the complaint. If sufficlent 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 heating. II'entered pursuant to the consent ofplaintiffand defendant: 9'm Date Plaintiffs Si8~ture .Distribution to: Prothonotar7 for service on Pennsylvania State Police Dauphin County Sheriff': Serve Plaintiff Serve Defendant Police Department (Plaintiffs Residence) Police Department (Defendant's Residence) Other: Defendant's Signature .,,/finalorder. asp?FinaiOrderID=34598&cmdMove=Viewi-Completed+Final+Order&pfadnum=U 7/1{}/02 TIFFA/qYNICOLE GREENFIELD: Plaintiff : : V. : DORISTENE SERITA WALKER, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT No. 02-3823 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of August, 2002, upon consideration of the complaint for indirect criminal contempt in the above-captioned case, and following a hearing, the Court finds the Defendant not guilty of indirect criminal contempt, because it is not convinced beyond a reasonable doubt that the initial contact in this situation between the Defendant and the victim was not consensual. The Defendant has been advised that, in the future, the Court will regard even consensual contact between the victim and the Defendant as a violation of the order. The Defendant may be released from custody with respect to this charge. By the Court, J.~W~sley O1~ Jr., J. Jonathan R. Birbeck, Esquire Sheriff Chief Deputy District Attorney Victim Witness Arla M. Waller, Esquire CCP Assistant Public Defender wcy