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HomeMy WebLinkAbout02-4235FfNAL ORDER OF COURT : IN THE COURT OF CO.MMON PLEAS OF ERiE COUNTY, PENNSYLVANIA : No. Defendant's Date of Bidh: '~'-'-/'-'/~ Defendant's Social SecuritY No.:~;~)~'-/ Name of All Protected Persons, includirLq Plaintiff and minor child/rem ^.D NOW. this , 200~?Jhe ju~s~iction over t~e pa~ies an~ the subject ma~er, it is ORDERED, ADJUD~:~an~ D~ED as follows: [] Plaintiff's request for a final protection order is denied· OR Plaintiff's request for a final protection order is granted. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. Defendant is completely evicted and excluded from the residence at ~r~j~ [nonconfidential address from which defendant is excluded] or any other residence where Plaintiff may live· Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. On , Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: [~. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. [,3~'~. Custody of the minor Children, ~ [names of children sub~ect to the provision of this paragraph] shall be as follows:. · Granted to PlaintiTt Defendant shall immediately tdrn over to the Sheriff's Office, or fo a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the d~ration of this Order· Any weapons delivered to the Sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned during the duration of this Order unless a Petition is presented to the CoUrt. [ ] 8' The following additional refief is granted as authorized by § 6108 of the Act: []9. DefendcLnt is directed to pay temporary suppod for: as follows: This Order for support shall remain in effect until final support order is entered by this Court. However, this Order shall lapse automatically if the Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obhgaflon, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive fo fhis date, to fhe appropriate parJy. [] 10. Defendant shall pay $ to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to the Court of Common Pleas, requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing· No fee shall be required by the Prothonotary's office for the filing of this petition. [ ] 11. BRADY INDICATOR. 1. [ ] The Plointiff or profecfed person(s) is o spouse, former spouse, o person who cohabifates or has cohabited with the Defendant, a parent of a common child, a chid of that person, or a child of the Defendant. 2. [ ] This Order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard· 3. [ ] Paragraph 1 of this Order has been check~-d to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4. [ ] Defendant represents a credible threat fo the physical safety of the Plaintiff or other protected person(s) 5. [ ] The terms of this Order prohibit Defendant from using, attempting fo use, or threatening to use physical force against the Plaintiff or protected person(s) that would reasonably be expected to cause bodily injury. 12. [ ] THIS ORDER SUPERSEDES []ANY PRIOR PFA ORDER AND [ ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [x ] 13. The following costs of this action are waived as to the Plainlitf and Imposed on Defendant: a)$55.50 to the Prothonotary, payable by cash, certified check or money order; , b)Sheriff s service costs of ( ,q, to the Sheriff, payable by cash or money order; and d) a Ory ,~. ~hr'lrge .fOg .............. ~*~.A~^.'.~,,, Such costs shaft be paid by fhe following date: ~J u~q J.J.~ '~-~, "~C~'~_ 14. All provisions of this Order shall expire on ' ~'0_~ 1[~)~(- ~_.~'l NOTICE TO THE DEFENDANT VIO[..ATION 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 6RDER IS ENFORCEABLE IN AI':"L FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL L,~NDS, 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 THAT ACT. 18 U.S.C. §§2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL 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 Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation;is committed in the presence of the police. 23 Pa. C.S. § 6113. 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 Sheriff of Erie County shall maintain possession of the weapons during the duration of this Order unless a Petition is presented fo the Court. When the Defendant is placed under arrest for violation of the Order, the Defendant shall be taken to the apl~ropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt: shall then be completed and signed by the police officer OR the Plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, the Defendant shall be arraigned, bond set and both parties given notice Of the date of the hearing before a Judge of this Court. BY THE COURT: Date(,.0. C~. O,~-..- ~ If entered pursuant to the consent of the Pla~ (Pl'ain~ift's Signature) JANA HUDSON, Plaintiff V. JONATHAN RILEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 02-'~E CWIL TERM : : : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this ~-~ day of SEPTEMBER, 2002, the hearing in the above- captioned case was scheduled by District Justice Robert V. Manlove., to be determined by the court of common pleas is scheduled before the Court on the {?(day of p . ,2002 at !, 3O o'clock o,..m, in Courtroom # ~ The defendant, JONATHAN RILEY, is ordered to appear for trial on the charge of Indirect Criminal Contempt before the Court on that date. Jonathan R. Birbeck, Chief Deputy District Attorney JONATHAN RII ,EY By the Court, / /~/~l] · Hess. JANA HUDSON, Plaintiff JONATHAN RILEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4212 CIVIL TERM :CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: 1. 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 Commonwealth 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. § 6114. 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. § 6114. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully ~tted, jeTeputy~ct Attomey COUNTY OF: Cumberlao~ ~agisteria[ District ~'ud:~er: 0~)-2-01 )istrict Justice Nare:Hen. Paula P. Correal ~: 1 Gourthouse Square Carlisle Pa. 1701300 ?eLephore: (717) 240'6564 foc~et No.: ate Filed: TN: Def,a d~t's __1 __1 __Ri~lthnici ty i-'II, ire [] Asian [] BLack [] Hi,%ce~ic [] Rati~ Amecican [] Udmom Deft,,.l~%~' s A.K.A. CcapLaint/lnciclent Ntmber 02-002852 CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA VS.~ DEFENDANT: NAME and ADDRESS F Jonathan J. Riley 496 Wildwood Ave RECEIVED Salamanca, NY 14779 SEP 0 4 2OO2 PH# 814-504-1173 L Victim/Witness Prog~m ~ef~,,t's sexpef.~,nvs D.O.B. pefo-~,at's Seciat ~iW a~ ~fa~,t's S]D UFe~te /03/07/1978 '// 053-80-7627 ~f=~t's V~ic[e l~ti~: ~t's Drip's Li~ ~r Pta,~ ~ate R~istmti~ Sti~(~)[~ate I ~taim/Imi~t ~ if Diner Partic,~ts ~l~S ~ District Attorney's Office [~ Approved ~ Disapproved because: (.T.,l~. district attorr~, my require~l~it the ca.taint, arrest aerrant affidm,~t, Or both be ~ bi the attorney for the C.,,,,'u'~eatth prior to tltlrg Pa.R.Cr.P. 107.) . (Nme ot Attorney tor CcIllllJ14esLtil - Ptease Print or T~pe) (Sl~ ot Attorney for ~u,i,~eat~) (Date) I, Ptlm. James L. Peterson 4 (Nam of Affiant-Pt,,-~ Print or T14:e) of North Mi~] eton Township Police 0211500 (Identify Depar;~,~,t or Ag~-~i Repre~onted end PoLiticat Subdivision) (PoLice Aoa-~-t CRI Ntaber) do hereby state:(check the appropriate box) 1. [] I accuse the above named defend.hr, who lives at the address set forth above [] I accuse an defendant whose name is unknown to me but who is described as (Officer Badge k~ber/l.O.) 02-00102~ (Originatir~ Agency Case NtaberCOCA)) [] I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 2221 Douc~las Dr±ye ±n NozT_h Middleton Township (Ptace-Potitica[ Subdivision) in Cumberland C0unty0norabout 9-4-02, 0245 Hours Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Jonathan J. Riley 2. The acts committed by the accused were: (.S~..t forth a .s~mary of.t..he.facts sufficient to advise the defg~ of th.e .nature .of the offense char~ed. A citation to the statute attegedt¥ violated I~ltnOut more, IS mt sutflClont. In a sumery case, you rmst clte the specific sectlen and subsection of the statute or ordinance attegedty violated.) The DEF~ did violate the order issued under the Protection From Abuse Act in No. 16293 Civil June 25th, 2002, by the Honorable Elizat~t~ K. Kelly of Erie County, v~n_ich directed the DEFENDANT is evicted and excluded of any resident that the plaintiff (Jana Hudson) has, 9-4-02 at 0245 hours, putting her in fear for their safety. (Sec. 10190 June 23, 1978 PROTECTION FROM A~SE ACT) . Defendant Name: .Jonathan J. Riley ' Docket Number: POLICE CRIMINAL COMPLAINT all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of 1. 10190 of the PFA ACT 6/23/78 1 (Section) (Sub-Section) (PA Statute) (counts) 2. of the (Section) (Sub-Section) (PA Statute) (counts) (PA Statute) (counts) (PA Statute) (counts) 3. of the (Section) (Sub-Section) of the (Section) (Sub-Section) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arre~ to i~ue, the attached -mdavit of probable cause mu~t be completed ~D.d fi~orn to bofor~ the i~snlng authority. 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Se~90,4,of the Crimes Code(18 PA. C.S. [~ 4904) relating to unsworn falsification to authorities.-"~ ~'~ ' .......... - (signature ot Attlant) AND NOW, on this date ,.. , I certify the complaint has been properly completed and verified. An affidavit of probable cause must be comp"~l-~'3' in order for a warrant to issue. (Magisterial District) (Issuing Authority) Defendant Name: .Jonathan J. Riley Docket Number: Ccrap./Inc. No. 02-002852 POLICE CR1MINAL COMPLAINT AFFIDAVIT of PROBABLE CAUSE On 9-4-02, at about 0245 hours, Ms Jana Hudson of 2122 Douglas Drive in North Middleton Township contacted Cumberland County Control~that her ~-boyfriend the DefeDd~nt was walking around her yard, he also was lookin9 in her car and trying to get into it. Hudson advised that she does have a Protection from Abuse Court Order from Erie County Court sign by Juck3e Elizabeth K. Kelly (Final Order) on the Defendant. I arrived at about 0249 hours, and observed the defeD_~ant walking around and lookin9 in Hudson's car which was parked in front of the house, b~ then walked into the yard at 2221 Douglas Drive at which time I identified myself and took him into custody without incident. ~ Ptlm. James L. Peterson , BRING DULY SWOEAI ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOI{EGOING AFFIDAVIT ARE TRUE AND CORi{ECT TO THE BEST OF MY KNO~01~M&TION AND / ---' (S~gnat~"e ot Att~ant)' Sworn to me and subscribed before me this day of , Date My commission expires first Monday of January, __ , District Justice SEAL VS. FINAL ORDER OF COURT IN THE COURT. OF COMMON PLEAS : OF ERIE COUNTY, PENNSYLVANIA Defendant's Date of Bidh: '~""J'"'J ~ Defendant's Social Security No.:~'-~ Name of All Protected Persons, includirLa Plaintiff and minor child/ren: AND NOW, this C~-H~ day of "~ , 200)-- , the Court having ]urisdicfion over the padies and the subject matter, it is ORDERED, ADJUDGED and DECREED as follows: [] Plaintiff's request for a final protection order is denied. OR Plaintiff's request for a final protection order is granted. ; Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. Defendant is completely evicted and .excluded from the residence at [noncontldentlal address from which defendant is excluded] or any olher residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. On , Defendant may enter the residence to retrieve his/her clothing and Other I~ersonal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. Except as provided in Paragraph 5 of this Order, Defendantis Prohibited from having ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. Custody of the minor Children, r ~ [names of children subject to the provision of this paragraph] shall be as fallows:. . Granted to Plaintiff Defendant shall ffnm'~diately"td~n over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant-in an act of abuse against Plaintiff and/or the minor child/ren:. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this 'Order. Any weapons delivered to the Sheriff Under Pc~agraph 6 of this Order or under Paragraph 6 of the Temporary Order shdll not be return'ed during the duration of this Order unless a Petition is presented to the Coud. [ ] 8; The following additional relief is granted as authorized by § 6108 of the Act:. [ ] 9. Defendagt is directed to pay temporary suppod for: as follows: - This Order for supp0d shall remain in effect until final suppod order is entered by this Coud. However, this Order. shall lapse automatically if the Plaintiff does not file a complaint for suppod with the Coud Within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct suppod obligationS' which shall be determined in accordance with the',guidelines at the suppod hearing. Any adjustments in the final amount of suppod shall be credited, retroactive to this date, to the appropriate party. [] 10. Defendant shall pay $ to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to the Coud of Common Pleas, requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. [] 11 12. Ix ) 14. 13. · BRADY INDICATOR. 1. [ ] The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabifates or has cohabited with the Defendant, a parent of a common child, a chid of that person, or a child of the Defendant. 2. [ ] This Order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. 3. [ ] Paragraph 1 of this Order has been checke~'d to reslrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4..[ ] Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) 5. [ ] The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person(s) that would reasonably be expected to cause bodily injury. [ ] THIS ORDER SUPERSEDES [ ]ANY PRIOR PFA ORDER AND [ ] ANY PRIO'R ORDER RELATING TO CHILD CUSTODY. The following costs of this action are waived as lo the Plaintiff and Imposed on Defendant: a)$55.50 to the Prothonotary, payable by cash, certified check or money order; b)Sheriff's service costs of ~; I_~J, to the Sheriff, payable by cash or money order: and ..... ;~^~;"""~ Off!~'~e. d)$2J,OO-Mc]ndatory-Sl-~,~,,~'. S'.:'rchr~rge fcc Such costs shall be paid by the following date: I. LQ J_,L~ ~.~ 'Z-C:~- . All provisions of this ~rder shall expire on. NOTICE TO TH.E 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. § 6] 14. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER .THE PENNSYLVANIA CRIMES CODE. THIS 6RDER IS ENFORCEABLE IN AI~L FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LA~NDS, 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 THAT ACT. 18 U.S.C. §§2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" pROvIsIONS OF THE GuN/,CONTROL 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 plainliff'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 Paragraphs .1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation;is commitled 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 Sheriff of Erie County shall maintain possession of the weapons during the duration of this order unless a Petition is presented to the Court. When the Defendant is placed under arrest for violation of the Order, the Defendant shall be taken to the apl~ropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt: shall then be completed and signed by the police officer OR the Plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, the Defendant shall be arraigned, bond set and both parties given notice 0f.t.he date of the hearing before a Judge of this Court. . BY THE COURT: Date If entered pursuan{' to t'F{~'consent 'of the Plaintiff (Pl'ain~Jff's SignaJure-) JANA HUDSON, Plaintiff JONATHAN RILEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4235 CIVIL TERM : : : CHARGES: INDIRECT CRIMINAL CONTEMPT SENTENCE ORDER QF COURT IN RE: AND NOW, this 6th day of September, 2002, the defendant having appeared in open court and admitted he is in contempt of the within protective order, he is thus adjudged. Sentence of the Court is that he undergo supervised probation for a period of 6 months, which will include as a condition that he successfully complete any counseling that might be recommended. Transfer of this case to the appropriate probation authorities in Erie County is authorized. The defendant to be released from custody. The defendant to be given credit for two days previously served. By the Court, /~eoffrey McInroy, Esquire Assistant District Attorney ..Timothy L. Clawges, Esquire Assistant Public Defender Probation Sheriff CCP it K~ A. Hess, J.