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ESTHER TOLEDO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-6713 CIVIL TERM
JOSE A. TOLEDO,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this ,~~Cday of February, 1996, this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable caU8e for the i88uance of
proce8s. In consideration of the attached Commonwealth'8
petition, the defendant, JOSE A. TOLEDO, is directed to appear
for trial on the charge of Indirect criminal Contempt before the
Court on the /Jt day of v/JltUl (1/) , 1996 at 9 :~{J o'clock
C~ .m. in Courtroom' !i of the Cumberland County Courthou8e,
Carlisle, Pennsylvania.
The 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. If the defendant wishes
aS8ignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the court,
AJ-
. Hess
J.
Michael S. Schwoyer
Chief Deputy District Attorney
JOSE A. TOLEDO
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ESTHER TOLEDO
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-6713 CIVIL TERM
JOSE A. TOLEDO,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this day of February, 1996, this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable cause for the issuance of '
process. In consideration of the attached Commonwealth's
Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant,
JOSE A. TOLEDO.
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. Furthermore, after appearing before
the District Justice the defendant is advised to appear before
the Court Administrator at the open of the next business day.
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.
By the Court,
Kevin A. Hess
J.
Michael S. Schwoyer
Chief Deputy District Attorney
JOSE A. TOLEDO
ESTHER TOLEDO,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-6713 CIVIL TERM
JOSE A. TOLEDO,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Michael s. Schwoyer, 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 private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is reque~ting a trial on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113.
6. The plaintiff and 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. 56117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
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Attorney
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ESTHER TOLEDO,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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Petitioner,
NO. 95-6713
Dauphin County No. 5275 S 95
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
JOSE A. TOLEDO,
Respondent.
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STIPULATION AGREEMENT
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i! AND NOW this 5~'\ day of December 1995, intending to be legally
bound, the Parties agree and consent to the following terms:
1. This agreement is made without admitting or denying the
allegations set forth in the Petition for Protection from Abuse as it
was originally filed with this Honorable Court. The Parties agree
that neither the Petition nor the Stipulation Shall be admissible in
any future custody action.
2. Respondent will refrain from abusing, harassing, or
threatening Petitioner, physically or verbally, wherever she may be.
3. Respondent will not enter or telephone Petitioner's current
residence or any residence in which Petitioner may reside during the
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pendency of this Order, execpt as it pertains to the minor child.
4. Respondent will not have any contact with Petitioner,
including entering or telephoning Petitioner's place of employment
and any other places Petitioner frequents.
5. Respondent will refrain from all harassing communication
with Petitioner or her friends or relatives.
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6. The Parties shall have joint leqal custody of the minor
child. Petitioner shall have primary physical custody. Respondent
shall have temporary physical custody of the Parties' minor child as
follows;
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morninq.
Center in
a. Alternatinq weekends from Friday eveninq until Monday
The child will be picked up at the Daycare Development
New Cumberland by 5:00 p.m. on Friday, and returned to the
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Daycare Development Center in New Cumberland on Monday morninq.
b. Alternatinq holidays. In even-numbered years,
Respondent shall have visitation on Easter, Fourth of July, and
Thanksgivinq, and Petitioner shall have custody on New Year's Day,
Memorial Day, and Labor Day. In odd-numbered years, Respondent shall
have visitation on New Year's Day, Memorial Day and Labor Day, and
Petitioner shall have custody on Easter, Fourth of JUly, and
Thanksgivinq.
c. During the following Christmas schedule; In
odd-numbered years, Respondent shall have visitation from December 24
at 5;00 p.m. until December 25 at 12:00 p.m., and Petitioner shall
have custody from December 25 at 12:00 p.m. until December 26 at 7:00
p.m. In even-numbered years, Respondent shall have visitation from
from December 25 at 12:00 p.m. until December 26 at 7:00 p.m., and
Petitioner shall have custody from December 24 at 5:00 p.m. until
December 25 at 12:00 p.m.
d. On the followinq Federal Holidays: Martin Luther Kinq
Day, President's Day, Columbus Day, and Veteran' s Day.
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e. Exchange of the child during the holiday custody periods
will take place at a public place to be mutually agreed upon by the
Parties. The holiday custody period will begin at 5:00 p.m the
evening before the holiday and continue until 7:00 p.m. the day of
the holiday.
f. Two (2) weeks in the year. Arrangements for this
visitation shall be made with Petitioner at least thirty (30) days in
advance.
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g. In the event there is a conflict between the weekend and
holiday schedule, the holiday schedule shall take precedence and be
the binding schedule.
h. If either Party decides to relocate and the relocation
would necessitate a change in the custody schedule, or if the
relocation would exceed a fifty (50) mile radius, the relocating
party will give the other party a minimum notice of sixty (60) days
so that, if desired, the custody arrangement could be renegotiated.
i. This custody agreement will remain in effect until
further order of court.
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7. The Parties acknowledge that a certified copy of this Order
will be served on the police department(s) in the jurisdiction where
Petitioner resides. Pursuant to Section 6109 (a) of the Act, a
certified copy of this Order will immediately be filed by the police
department in the County Registry of Protection Orders. Should the
police come into contact with Respondent, and Respondent alleges that
he has not been served with this Order, the police officer will
immediately serve the Order upon him.
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1'1 8. The Parties acknowledge that this Order will be enforced by
II any law enforcement agency in any county where a violation of it
~ occurs. As provided in Section 6133 (a) of the Act, "(a)n arrest for
il violation of an Order issued pursuant to this chapter may be without
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warrant upon probable cause whether or not the violation is committed
i! in the presence of the police of flcer. "
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Ii 9. Respondent is hereby notified that if he violates this
Ii Order, he may be held in indirect criminal contempt which is
Ii punishable by a fine up to $1,000.00 and/or by a jail sentence of up
II to six (6) months.
I 10. The Parties understand that Petitioner's consent to
I Respondent's return to cohabitation will not invalidate this
agreement and order.
11. THIS AGREEMENT AND ORDER SHALL REMAIN IN FULL FORCE AND
EFFECT FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF ITS ENTRY.
IN WITNESS WHEREOF, the Parties hereto have voluntarily executed
this Agreement the day and year first above written.
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PA'hlnl ~do (SEAL)
~oledo, Petitioner
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V' ..l{,l~d.nt
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; ~ j ESTHER TOLEDO,
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Peti tioner,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. er S" - '-' ? I ~
Respondent.
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
TEMPORARY PROTECTION ORDER
AND NOW, this ":;7'(h day of November 1995, upon presentation and
consideration of the within Petition, the fallowing Order is entered:
1. Respondent is directed to refrain from abusing, harassing,
or threatening Petitioner, physically or verbally, wherever she may
be;
~. Respondent is excluded from entering or telephoning
Petitioner's current residence or any residence in which Petitioner
may reside during the pendency of this Order;
3. Respondent is prohibited from having any contact with
Petitioner, including entering or telephoning Petitioner's place of
employment and any other places Petitioner frequents;
4. Respondent is directed to refrain from all harassing
Communication with Petitioner or her friend or relatives.
5. Petitioner is awarded temporary primary physical custody of
the Parties' minor child, and Respondent is denied visitation rights
with regards to the Parties' minor child.
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6. Respondent is directed to pay Attorney's fees incurred by
Petitioner in the amount of five-hundred ($500.00) dollars plus any
and all filing fees and additional costs incurred by Petitioner.
7. A certified copy of this Order shall be served on the police
department(s) in the jurisdiction where Petitioner resides. Pursuant
to Section 6109 (a) of the Act, a certIfied copy of this Order shall
Immediately be filed by the police department in the County Registry
of Protection Orders. Should the police come into contact with
Respondent, and Respondent alleges that he has not been served with
this Order, the police officer shall immediately serve the Order upon
him.
8. This Order shall be enforced by any law enforcement agency
in any county where a violation of it occurs. As provided in Section
6133 (a) of the Act, "(a)n arrest for violation of an Order issued
pursuant to this chapter may be without warrant upon probable cause
whether or not the violation is committed in the presence of the
police officer."
9. Respondent is hereby notified that if he violates this
Order, he may be held in indirect criminal contempt which is
punishable by a fine up to $1,000.00 and/or by a jail sentence of up
to six (6) months. The Court may modify this Order at a contempt
hearing.
10. This Order shall remain in full force and effect until
further Order of the Court.
11. A hearing on this matter is scheduled for the if (Ij' day of
,((~'(", )/1 1.1I~"t/ 1995, at 'I, ,1,0 ....d... m., in Courtroom sI
Cumberland County Courthouse, High and Hanover Streets, Carlisle,
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BY THE COURT:
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TRUE COpy FROo\'~ RECORD
III Testimony \'Iht~rl!l)l, I!u,r., unlu s;,H "fly hand
I III thi! ~;eill 01 ~:;aj I;.!Uil ,;1 C;lIh~I(J, pa
ThIL~J'J,tA.d.~y 1:I_oF:$.Lk~ Ul _!ilL.
__ -CL.~"1~-!~~--
Prnthll!1GMry
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~"~COIOR.AlNT
(PflI1otQEt
I lURT OF COMMON PLEAS OF
I JMBERLANO COUNTY
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INDIRECT CRIMINAL CONTEMPT
INCIOENr NUMUEn ucn NO,
01
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i ~Itrict AllomeY'1 OrTice @ 0 Approved 0 Disapproved beCJluse, <:OMMONWEALlH OF PENNSYLVANIA
'. A' DEFENOANT: VS, - \ d
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,,,,,,,0.") (Sil'Jtlllllt) NAME. ~_:L, '. _
.-:. -t}1er' -ro I..~db AND 'O(J fCl.':.A k'( pc(
~ It:(N.In'~..l!a A AIlOI1ESS Yoll':'" j'bllen PA /7370
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I ,heRby Itlte: . _
I ) iJ I KCUIe the lbove nlmed defendant, ,who lives at the address set forth above or,
i ,0 IICCUIe an individual whose name is unknown to me but who is described IS
o hi, nldtuame or popular deaignltlon Is unknciwu to me and, themore, I hive deslanated him herdn u John
Doe; with YloIltl... the penalllws of the Commonwealth of Pennsylvania at
(n-.IW/I/CIJ/ 5Mbd/oIsi<<t]
in County on or about
I'Irtlclpanr. WClll (1/""'" -~".. IIwIr..._ -. ~".tIw _ qfdIxJ..d<lt"".IfI]<
~) The ectI committed by the Iccused WCR:@ ,DID VIOLATE A PROTECTION FROM' 'ABUSe' O'RDER
IATED: AT OIlCKET NUMBER
N THAT DEFENDANT DID THE fOLLOWING ACTS IN VIOLATION OF THE ORDER:
} C.on-hnually Ie kphollr!.s 0'1.0 pic/elf' of rl0liL€ Cll/d. J.JLL.;J.{t1,V~, IU.LJl'Lhf~(.lW trni.t!)
ct. da.,S) on 0 da'l::; 0:l5(-5 10 J-{o.ta..SS fkl/reCLft'n tft7d LL(JSL"i 11Ie',
~) CDn+Ods fO-m/(:j memlxr.r '-has (U{i/"d. /Ii.!) {Xl/ad:; J my s/.jlt', cl.nol b,o/I/er,
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t.1n(~O"'tlnCL tnLj y,O-ff/lltj p'otJICI)IJ~. ".h.. (
~) Cal/,,-d fJ/j.,1 ttk pliooe. C!OltLpCLI7fj (eell AI /tII1ftc) Jo dt'trtr}me c.dla.r O{JfIUTla..
=e(UIU's~nc( IOlJg ,- dr.::do./'JCC (Jl1.ln/Jus :r pitZer::, we I/lfC If) .5cpcun.-!e
J fII ftIdl --~ dlanityor ClIo CoaunOllWCl\tb or Pennsylvania aad COlI to ClIo &t or ~,
:." tIolIldoa fII~ 11I4 ~ or the &t of
r CIae OrdInance of I _ J JlI."'-' _ I .....
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I) I uk that a Ull'lInt of II1at or I summons be issued and that the accused be Rqulred to answer the cI1arges
I "ave made.
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I) I verify that tbe facts set forth in this complslnt are true and correct to the best of my knowledge or inCornuition
and bellei'. This verification is made subject to the penalties of Section <4904 of the Crimes Code (18 Pa. C. S.
. <4904) relatll1ll to unsworn falsification to authorities.
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(Si,naltl~ omp(afnont)
.ND NOW. on Ihis date , 19 , I certify the complaint has been properly completed and
erifled, ancl thaI then: is probable cause for issuance of process. ,
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fv61'V\ rc'{)tCU11ttC]. lr'A+11 10 -tins mal} be {)j)tU.IIll'Q ['rom 1t1((Jha"~
com pCLn~ IJlt a. ~LlV p( oM, ' (rhl~ I\li,ep~,,~i:j '215/%), {, I
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I ESTHER TOLEDO,
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Vs.
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Peti tioner,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0,- ("11 ') r '"
L.)L r ,) \t....~.,.l h, ,P\
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JOSE A. TOLEDO,
Respondent.
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
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NOTICE TO DEFEND
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. You are warned that if you fail to do so,
the case may proceed without you and an Order may be entered against
you for the relief requested n the Petition. You may lose money or
property or other rights important to you.
If a copy of the TEMPORARY ORDER is attached, you must obey it
until the hearing. If you do not obey it, the police can arrest you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE A
RIGHT TO HAVE AN ATTORNEY REPRESENT YOU AT THE HEARING. 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 MAY GET LEGAL HELP.
AVISO PARA DEFENSA
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted quiere defenderse
de las reclamaciones descritas en las paginas siguientes usted debe
asistir a la vista que esta citada en esta. Usted esta siendo
advertido de que si falla en asistir a la vista el caso procedera sin
usted y una Orden puede ser expedida en contra suya para el remedio
solicitado en la Peticion. Usted puede perder dinero 0 propiedad u
otros derechos importantes para usted.
Si la copia de una Orden Provisional esta adjunta usted debe
obedecerla hasta que la vista se lleve a cabo. sl usted no la
obedece la policia 10 puede arrestar.
Lleve este aviso a su abogado inmediatamente. Usted tiene
derecho a tener representacion legal durante la vista. Si usted no
tiene los medias economicos para pagar un abogado, dirijase al
telefono mas cercano 0 vaya a la oficina cuya direccion aparece a
continuacion. En esta direccion podra obtener ayuda legal.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
One Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
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ESTHER TOLEDO,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
Petitioner, :
: NO.
JOSE A. TOLEDO,
Respondent.
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
TEMPORARY PROTECTION ORDER
AND NOW, this ~?rh day of November 1995, upon presentation and
consideration of the within Petition, the following Order is entered:
1. kespondent is directed to refrain from abu~ing, harassing,
or threatening Petitioner, physically or verbally, wherever she may
be;
i. Respondent is excluded from entering or telephoning
Petitioner's current residence or any residence in which Petitioner
may reside during the pendency of this Order;
3. Respondent is prohibited from having any contact with
Petitioner, including entering or telephoning Petitioner's place of
employment and any other places Petitioner frequentsl
4. Respondent is directed to refrain from all harassing
communication with Petitioner or her friend or relatives.
5. Petitioner is awarded temporary primary physical custody of
the Parties' minor child, and Respondent is denied visitation rights
with regards to the Parties' minor child.
",
. .
6. Respondent is directed to pay Attorney's fees incurred by
Petitioner in the amount of five-hundred ($500.00) dollar6 plus any
and all filing fees and additional costs incurred by Petitioner.
7. A certified copy of this Order shall be served on the police
department(s) in the jurisdiction where Petitioner resides. Pursuant
to Section 6109 (a) of the Act, a certified copy of this Order shall
immediately be filed by the police department in the County Registry
of Protection Orders. Should the police come into contact with
Respondent, and Respondent alleges that he has not been served with
this Order, the police officer shall immediately serve the Order upon
him.
B. This Order shall be enforced by any law enforcement agency
in any county where a violation of it occurs. As provided in Section
6133 (a) of the Act, "(a)n arrest for violation of an Order issued
pursuant to this chapter may be without warrant upon probable cause
whether or not the violation is committed in the presence of the
police officer."
9. Respondent is hereby notified that if he violates this
Order, he may be held in indirect criminal contempt which is
punishable by a fine up to $1,000.00 and/or by a jail sentence of up
to six (6) months. The Court may modify this Order at a contempt
hearinq.
10. This Order shall remain in full force and effect until
further Order of the Court.
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11. A hearing on this matter is scheduled for the 7 day of
4/Vl't-1?l.tPA/ 1995, at Q:/,O ..Ll.m., in Courtroom t/ ,
Cumberland County Courthouse, High and Hanover Streets, Carlisle,
Pennsylvania.
BY THE COURT:
/IlL
J.
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ESTHER TOLEDO,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Peti tioner,
vs.
NO. 95 - u; 71.!, L'oP ThOr>;
JOSE A. TOLEDO,
Respondent.
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
TO THE HONORABLE JUDGES OF SAID COURT:
The Petition of ESTHER TOLEDO, by her attorney, Gerald S.
Robinson, Esquire, of Robinson' Geraldo, pursuant to the Protection
from Abuse Act, 1990, Dec. 19, Pa. Laws 1240, No. 206, 23 Pa.C.S.A
Section 6101 et. sea. respectfully represents as follows:
1. Petitioner is ESTHER TOLEDO, an adult individual presently
residing at 6~3 Geneva Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. Respondent is JOSE A. TOLEDO, an adult individual presently
residing at 80 Fisher Road, York Haven, York County, Pennsylvania
17370.
3. Petitioner and Respondent have been married since March 25,
1989, but separated on September 25, 1995.
4. The residence or household of the parties (where Respondent
currently resides) is jointly owned.
5. Respondent has threatened to cause bodily injury or serious
bodily injury with or without a deadly weapon, and has placed
Petitioner in fear of imminent serious bodily injury. Examples of
Respondent's conduct include, but are not limited to the following:
. .
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a. On November 20, 1995, Petitioner was operating her
vehicle on Interstate 83, when Respondent cut directly in front of
her, running her off the rOadway and causing her to stop her vehicle
abruptly. Respondent violently exited his car and, enraged, began to
approach Petitioner's vehicle. Petitioner, fearful of Respondent's
condition, backed her car up an exit ramp in order to escape a
physical confrontation with Respondent.
b. On November 13, 1995, Respondent contacted Petitioner's
sister and told her that he intended to beat Petitioner up.
Petitioner's sister relayed this information to Petitioner. That
same night, Respondent arrived at Petitioner's residence and
initiated a Physical struggle in an attempt to take Petitioner's
house keys.
c. In August 1995, Petitioner attempted to leave the
parties' residence, but was Physically restrained from doing so by
Respondent.
d. During the course of the marriage, Respondent has been
Physically abuSive, PUshing and grabbing Petitioner on numerous
OccaSions.
e. During the course of the marriage, Respondent had a
history of verbally abuSing Petitioner.
f. Since the parties' separation, Respondent has been
stalking Petitioner. Specific examples are as follows:
(
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1). Respondent surveys Petitioner's apartment in order
to determine if Petitioner is at home.
2). Respondent becomes very angry when Petitioner is
not in her apartment.
3). Respondent admitted to Petitioner that he listens
through her apartment door to determine if she has visitors.
4). Respondent admitted to Petitioner that he drives
past her apartment in the middle of the night to see if any
unfamiliar cars are there.
5). Respondent admitted to Petitioner that he follows
every unfamiliar car that has been parked at Petitioner's apartment
to its destination to determine the identity of the individual.
6). Respondent follows and surveys Petitioner when she
leaves her apartment to go and visit friends and family.
7). Respondent telephones Petitioner's residence a
minimum of ten (10) times a day to make sure that she is in her
apartment.
g. Petitioner is in fear of serious bodily harm and is in
need of and entitled to protection from such abuse.
6. There was one (1) child born of this marriage: Alllson E.
Toledo, born December 28, 1993. The best interest and safety of the
child is to remain in Petitioner's primary physical custody.
"
"
WHEREFORE, pursuant to the Protection from Abuse Act, Petitioner
prays your Honorable Court to:
1. Immediately enter a Temporary Order, pursuant to Section
6107 (b) of the Act, 23 Pa.C.S.A. 6101 et. sea.;
a). Directing Respondent to refrain from abusing,
harassing, or threatening Petitioner, physically or verbally,
wherever she may be;
b). Excluding Respondent from entering or telephoning
Petitioner's current residence or any residence in which Petitioner
may reside during the pendency of this Order;
c). Prohibiting Respondent from having any contact with
Petitioner, including entering or telephoning Petitioner's place of
employment and any other places Petitioner frequents;
d). Directing Respondent to refrain from all harassing
communication with Petitioner or her friends or relatives;
e). Awarding temporary primary physical custody of the
minor child to Petitioner and allowing Respondent no visitation
rights with regards to the Parties' minor child; and
f). Directing Respondent to pay Attorney's fees
incurred by Petitioner in the amount of five-hundred ($500.00)
dollars plus any and all filing fees and additional costs incurred by
Petitioner.
. ,
2. After a hearing to be held within ten ( 10) days of the
filing hereof, and pursuant to Section 6107 (a) of the Act, 23 Pa.
C.S.A. Section 6101 et. Ilea., enter a final Protective Order
continuing the relief set forth above for a period of one (1 ) year.
Respectfully submitted,
~~ral~~lre
ROBINSON , GERALDO
Attorney I.D. No. 27423
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Petitioner
'.
VERIFICATION
I verify that the statements made in the Petition For Protection
From Abuse are true and correct. I understand that false statements
herein are made subject to the penalties of l8 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
E'~~~ler~dO
.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NOI 1995-05713 P
. CO""ONWEALTH OF PENNSYLVANIA:
.. COUNTY OF CU"8ERLAND
. TOLEDO ESTHER
VS.
TOLEDO JOSE A
R. Thomas Kline . Sheriff, who being duly sworn according
to law, .ays, that he made a diligent search and inquiry for the within
named defendant, to wit: TOLEDO JOSE A
but .a. unable to locate Him in his bailiwick. He therefore
deputized the sheriff of YORK County. Pennsylvania.
to .erve the within PROTECTION FRO" ABUSE
On December 5th. 1995 this office was in receipt of
the attached return from YORK County, Pennsylvania.
Sheriff's Costsl
Docketing
Out of County
Surcharge
18,00
9.00
.00
So ans~reJl
/-:7 }Y
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R' 'I nomas 1I11ne,
,
.. ~.. ~ ./
snerJ.:1:1
Ei27.1D1D
00/00/0000
Sworn and subscribed to before me
this II ~ day of ^Jl"""J,.,~ ,
19 ? \" A. D.
~'L'- C, )1W&___ ~I'"
I ....rot.nonO ry
"
ESTIIER TOLEDO,
IN 'ruE COURT OF COMMON PLEAS
CUMDERLAND COUNTY, PENNSYLVANIA
vs.
Potitionor,
JOSE A. TOLEDO,
NO, q 5 - (p 7 ( 3 _ 5~:
.....(K...
CIVIL ACTION - LAW~:
PROTECTION FROM ABUSE
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NO'I'rCF: TO DF:FF:ND
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YOU IIAV~; IJE~:N HUIW rN COUll'r, I f you wish to defend agaiiiij,t the
claimB sot forth In tho following pages, you must appear Ilt t~
hearing schodulod hllrnlll, You ilro wilrnod that if you fail to (fo so,
tho CII80 mllY proconcl without YOII .lnd an Order may be entered against
you for tho rolior requeHted in the Petition, You may lose money or
property or othllr rIghts Important to you.
I r II copy uf Lho 'i'I';MI'OIlARY O/WEIl is attached, you must obey it
until tho hOIll'! nq, r f you do not obey it, the police can arrest you.
YOU Ii/lOllJ.1J 'I'AK~: 'I'll r S PAPf;R '['0 youn LAWYlm AT ONCE. YOU HAVE A
RIOIIT TO /lAVr~ AN A'1"I'OIlNEY IlEPHESEN'[' YOU A'r 'I'IIE /lEAIlING. IF YOU DO
NOT IIAV~: AN A'I"I'OnN~:Y Oil CANNOT AFFORD ONE, GO '1'0 OR TELEPHONE THE
OFFICE SE'I' 1"OH'['If IJ~;J.OW TO FIND OUT WlHmE YOU MAY GET LEGAL HELP.
l\yrso PARA Df:FENSl\
us'n:lJ /lA Ii IlJO lJE~IANIlAJ)O I':N LA CO Il'!' E , S I us Loct quiere defenderse
do JaR rocll1mllelollos duscritas en las paqillils siquJentes usted debe
asistir II 111 VIHlll que csla citada on esta, Usted esta siendo
advortido de quo HI ralla on asistir a Iii vIsta 01 caso procedera sin
ustud y unll Ordon puocto sur Ollpudida en conLril suya para el remedio
lIol1citlldo on III Poticlon, Usted pucdo perder dinuro 0 propiedad u
otroll dorochoH importantes para usted,
Si la copill de una Orden Provisional esla adjunta usted debe
obodocorll1 hllsLa quo Iii vIsta se lleve a cabo, Si usted no la
obodoco la polieill 10 puude arreslar,
Liove OHto aviso II au abogado inmodiatamente, Usted tiene
dorocho a tUllor rupresentacion legal durante la vista, Si usted no
tiono lOR modios economlcos para pagar un abogado, dirijase al
tolefono mas corcano 0 vaya a la oficina cuya direccion aparece a
continuacion, En esta dlrecclon podra obtener ayuda legal.
CUMIJERLAND COUNTY LAWYEIl IlEFEnnAL SERVICE
COURT ADMINISTRATOR
One Courthouse Square
CarliSle, Pennsylvania 17013
(717) 240-6200
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ESTHER TOLEDO,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner,
vs.
NO, ~S-fo1 / '3
JOSE A. TOLEDO,
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
Respondent,
TEMPORARY PROTECTION OROER
.u..
AND NOW, this ~ day of November 1995, upon presentation and
consideration of the within Petition, the following order is entered I
1. Respondent is directed to refrain from abusing, harassing,
or threatening Petitioner, physically or verbally, wherever she may
be;
2. Respondent is excluded from entering or telephoning
Petitioner's current residence or any residEnce in which Petitioner
may reside during the pendency of this order;
3. Respondent is prohibited from having any contact with
Petitioner, including entering or telephoning Petitioner's place of
employment and any other places Petitioner frequentsl
4. Respondent is directed to refrain from all harassing
communication with Petitioner or her friend or relatives.
5. Petitioner is awarded temporary primary physical custody of
the Parties' minor child, and Respondent is denied visitation rights
with regards to the Parties' minor child,
6. Respondent is directed to pay Attorney's fees incurred by
Petitioner in the amount of five-hundred ($500.00) dollars plus any
and all !iling fees and additional costs incurred by Petitioner.
7. A certified copy of this Order shall be served on the police
department(s) in the jurisdiction where Petitioner resides. pursuant
to Section 6109 (a) of the Act, a certified copy of this Order shall
immediately be filed by the police department in the county Registry
of Protection Orders. Should tho police come into contact with
Respondent, and Respondent alleges that he has not been served with
this Order, the police officer shall immediately serve the Order upon
him.
8. This Order shall be enforced by any law enforcement agency
in any county where a violation of it occurH. As provided in Section
6133 (a) of the Act, "(a)n arrest for violation of an Order i~sued
pursuant to this chapter may be without warrant upon probable cause
whether or not the violation is committed in the presence of the
police officer."
9. Respondent is hereby notified that if he violates this
Order, he may be held in indirect criminal contompt which is
punishable by a fine up to $1,000,00 and/or by a jail sentence of up
,to six (6) months, The Court may modify this Order at a contempt
hearing.
10. ThIs Order shall remain In lull force nnd effect until
further Order of the Court,
".':..:.."..~-' .^
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" 11. A hee,'ng on lhl' .ello, " "hodolod fo, lhe ~ dey 0'
J.k.c.l3Mbe.r 1995, at ~ JL.m" in Courtroom ~
Cumberland county courthouse, High and Ilanovor streets, carlisle,
Pennsylvania.
BY TilE COUR'l'l
15! J(p I I) .'"/ 0 ) /.u-:J
J.
'TRUE COp'( FROM RECORD
'n Tlltlmon't ~MrtlOl. , neTe 11l1tO set l1IY -
and tll8 _, 01 \la;d COU al Carlisle. ~~
./t1 da 01 c,y, . '9 -
. I') fl_t,~1cJJ
PlotllOftO&lTY
"
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ESTHER TOLEDO,
Petitioner,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.
JOSE A. TOLEDO,
Respondent,
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
TO THE HONORABLE JUDGES OF SAID COURT:
The Petition of ESTHER TOLEDO, by her attorney, Gerald S.
RObinson, Esquire, of Robinson & Geraldo, pursuant to the Protection
from Abuse Act, 1990, Dec. 19, Pa. Laws 1240, No. 206, 23 Pa.C.S.A
Section 6101 et. sea. respectfully represents as followsl
1. Petitioner is ESTHER TOLEDO, an adult individual presently
residing at 613 Geneva Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055,
2. Respondent is JOSE A, TOLEDO, an adult individual presently
residing at 80 Fisher Road, York Haven, York County, Pennsylvania
17370.
3. Petitioner and Respondent have been married since March 25,
1989, but separated on September 25, 1995,
4. The residence or household of the parties (where Respondent
currently resides) is jointly owned.
5. Respondent has threatened to cause bOdily injury or serious
bodily injury with or without a deadly weapon, and has placed
Petitioner in fear of imminent serious bodily injury. Examples of
Respondent's conduct include, but are not limited to the following:
"
, ,
a. On November 20, 1995, Petitioner was operating her
vehicle on Interstate 83, when Respondent cut directly in front of
her, running her off the roadway and causing her to stop her vehicle
abruptly. Respondent violently exited his car and, enraged, began to
approach Petitioner's vehicle. Petitioner, (earful of Respondent's
condition, backed her car up an exit ramp in order to escape a
physical confrontation with Respondent,
b. On November 13, 1995, Respondent contacted Petitioner's
sister and told her that he intended to beat Petitioner up.
Petitioner's sister relayed this information to Petitioner. That
same night, Respondent arrived at Petitioner's residence and
initiated a physical struggle in an attempt to take Petitioner's
house keys.
c. In August 1995, Petitioner attempted to leave the
parties' residence, but was physically restrained (rom doing so by
Respondent.
d. During the course o( the marrIage, Respondent has been
physically abusive, pushing and grabbing Petitioner on numerous
occasions.
e. Dur.ing the course of the marriage, Respondent had a
history of verbally abusing Petitioner.
f, Since the parties' separation, Respondent has been
stalking Petitioner, Specific examples are as follows:
1). Respondcnt surveys Petitioner's apartment in order
to determine if Petitioner is at homo,
2). Respondent becomes very angry when Petitioner is
not in her apartment.
3). Respondcnt admitted to Petitioner that he listens
through her apartment door to determine if sho has visitors.
4). Respondent admitted to Petitioner that he drivee
past her apartment in the middle of the night to see if any
unfamiliar cars are there.
5). Respondent admitted to Petitioner that he follows
every unfamiliar car that has been parked at Petitioner's apartment
to its destination to determine the identity of the individual.
6). Respondent follows and surveys Petitioner when she
leaves her apartment to go and visit friends and family.
7\. Respondent telephones Petitioner's residence a
minimum of ten (10) times a day to make sure that she is in her
apartment.
g. Petitioner is in fear of serious bodily harm and is in
need of and entitled to protection from such abuse.
6. There was one (1) child born of this marriage: Allison E.
TOledo, born December 28, 1993. The bcst interest and safety of the
child is to remain in Petitioner's primary physical custody.
, '
, WHEREFORE, pursuant to the Protection from Abuse Act, Petitioner
prays your Honorable Court to:
1. Immediately enter a Temporary Order, pursuant to Section
6107 (b) of the Act, 23 Pa,C,S,A, 6101 et, sea,;
a), Directing Respondent to refrain from abusing,
harassing, or threatening Petitioner, physically or verbally,
wherever she may be;
b), Excluding Respondent from entering or telephoning
Petitioner's current residence or any residence in which Petitioner
may reside during the pendency of this Order;
c). Prohibiting Respondent from having any contact with
Petitioner, including entering or telephoning Petitioner's place of
employment and any other places Petitionor froquentsl
d). Directing Respondent to refrain from all harassing
communication with Petitioner or her friends or relativesl
e), Awarding temporary primary physical custody of the
minor child to Petitioner and allowing Respondent no visitation
rights with regards to tho Parties' minor child; and
f), Directing Respondent to pay Attorney's fees
incurred by Petitioner in the amount of five-hundrod ($500.00)
dollars plus any and all filing foos and additional costs incurred by
Petitioner.
2. After II hearing to bo hold within ton ( 10) days of the
filing hereof, and pursuant to Soction 6107 (a) of the Act, 23 Pa.
C.S.A. Section 6101 et, soa. , enter a final Protective Order
continuing the relief set forth above for II perlod of onc (1 ) year.
Rospectfu11y submitted,
"
~~ral~~re
ROBINSON & GERALDO
Attorncy I.D. No. 27423
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania l71l0
(717) 232 -8525
Attorney for Petitioner
, .
VERIFICATION
I verify that the statements made in the Petition For Protection
From Abuse are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
,:'Ji'/Ii I. 1f((dO
Esther Toledo
'..
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ESTHER TOLEDO,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner,
VS.
JOSE A. TOLEDO,
NO. 95-6713
Dauphin County No. 5275 S 95
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
Respondent.
ORDER OF COURT
AND NOW, this -r" day of
'Jh. ~ ._ .(,..,...
1995, upon stipulation of
the Parties, it is HEREBY ORDERED AND DECREED that the terms,
conditions and provisions of the attached stipulation are adopted as
an order of court as if the same were set forth herein at length.
BY THE COURT:
,4/L
ALED-QFACIT
or: TH~ 1;:lOTHO~10TARY
95 nEe M 7 Pit 2: 57
CUI.1DEtlu:m COUNlY
FEN~:J'(LVMM
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ESTHER TOLEDO,
I IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
Petitioner,
JOSE A. TOLEDO,
NO. 95-6713
Dauphin County No. 5275 S 95
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
Respondent.
STIPULATION AGREEMENT
AND NOW this ~ day of December 1995, intending to be legally
bound, the Parties agree and consent to the following terms:
1. This agreement is made without admitting or denying the
allegations set forth in the Petition for Protection from Abuse as it
was oriqinally filed with this Honorable Court. The Parties agree
that neither the Petition nor the Stipulation shall be admissible in
any future custody action.
2. Respondent will refrain from abusing, harassing, or
threatening Petitioner, physically or verbally, wherever she may be.
3. Respondent will not enter or telephone Petitioner's current
residence or any residence in which Petitioner may reside during the
pendency of thi6 order, execpt as it pertains to the minor child.
4. Respondent will not have any contact with Petitioner,
includinq entering or telephoning Petitioner's place of employment
and any other places Petitioner frequents.
5. Respondent will refrain from all harassing communication
with Petitioner or her friends or relatives.
"
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6. The Parties shall have joint legal custody of the minor
child. Petitioner shall have primary physical custody. Respondent
shall have temporary physical custody of the Parties' minor child as
follows:
a. Alternating weekends from Friday evening until Monday
morning. The child will be picked up at the Daycare Development
Center in New Cumberland by 5100 p.m. on Friday, and returned to the
Daycare Development Center in New Cumberland on Monday morning.
b. Alternating holidays. In even-numbered years,
Respondent shall have visitation on Easter, Fourth of July, and
Thanksgiving, and Petitioner shall have custody on New Year's Day,
Memorial Day, and Labor Day. In odd-numbered years, Respondent shall
have visitation on New Year's Day, Memorial Day and Labor Day, and
Petitioner shall have custody on Easter, Fourth of July, and
Thanksgiving.
c. During the following Christmas schedulel In
odd-numbered years, Respondent shall have visitation from December 24
at 5100 p.m. until December 25 at 12:00 p.m., and Petitioner shall
have custody from December 25 at 12:00 p.m. until December 26 at 7:00
p.m. In even-numbered years, Respondent shall have visitation from
from December 25 at 12100 p.m. until December 26 at 7100 p.m., and
Petitioner shall have custody from December 24 at 5:00 p.m. until
December 25 at 12100 p.m.
d. On the following Federal Holidays: Martin Luther King
Day, President's Day, Columbus Day, and Veteran's Day.
~
e. Exchange of the child during the holiday custody periods
will take place at a public place to be mutually agreed upon by the
Parties. The holiday custody period will begin at 5:00 p.m the
evening before the holiday and continue until 7100 p.m. the day of
the holiday.
f. Two (2) weeks in the year. Arranqements for this
visitation shall be made with Petitioner at least thirty (30) days in
advance.
g. In the event there is a conflict between the weekend and
holiday schedule, the holiday schedule shall take precedence and be
the binding schedule.
h. If either Party decides to relocate and the relocation
would necessitate a change in the custody schedule, or if the
relocation would exceed a fifty (50) mile radius, the relocating
Party will give the other party a minimum notice of sixty (60) days
so that, if desired, the custody arrangement could be renegotiated.
i. This custody agreement will remain in effect until
further order of court.
7. The Parties acknowledge that a certified copy of this Order
will be served on the police department(s) in the jurisdiction where
Petitioner resides. Pursuant to Section 6109 (a) of the Act, a
certified copy of this Order will immediately be filed by the police
department in the County Registry of protection Orders. Should the
police come into contact with Respondent, and Respondent alleges that
he has not been served with this order, the police officer will
immediately serve the Order upon him.
.
8. The Parties acknowledge that this Order will be enforced by
any law enforcement agency in any county where a violation of it
occurs. As providod in Section 6133 (a) of the Act, "(a)n arrest for
violation of an Order issued purouant to this chapter may be without
warrant upon probable cause whether or not the violation is committed
in the presence of the police officer."
9. Respondent is hereby notified that if he violates this
Order, he may be held in indirect criminal contempt which is
punishable by a fine up to $1,000.00 and/or by a jail sentence of up
to six (6) months.
10. The Parties understand that Petitioner's consent to
Respondent's return to cohabitation will not invalidate this
agreement and order.
11. THIS AGREEMENT AND ORDER SHALL REMAIN IN FULL FORCE AND
EFFECT FOR A PERIOD OF ONE (l) YEAR FROM THE DATE OF ITS ENTRY.
IN WITNESS WHEREOF, the Parties hereto have voluntarily executed
this Agreement the day and year first above written.
frfJrlJrL L , r3e I!Jk,
f~lLJ;(~ ~do
Es er oledo, Petitioner
(SEAL)
-{htlmWJ b ~
jt(L~d.nt
(SEAr.)
R, THOMAS KLINE
Sheri"
~\~ of ClIullt/,l'l'
~o~ ,<, 1"''''4
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~f~v~~1]'f\f~~
01'~. ~~~~~,rr~~l\;
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~: /^:"'~~'~~'B
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""--\4 ~! _ ,_~l, . ..'...../ ":'" - ..,-'-~
AUDREY Q, ADAMS
R..I Elt.t. D.puty
RONNY R, ANDERSON
Chi., D.puty
HORACE A, JOHNSON
Sollellor
OFFICE OF THE SHERIFF
Court House
Carlisle, Pennsylvania 17013
February 29, 1996
/
Lawrence E. Welker
Cumberland Co. Prothonotary
Carlisle, Pa.
SUBJECT. Civil Subpoenas
1. 95-6713 Civil
Jose A. Toledo
12.60
Total
$12.60
So answers.
~~. .'/ z//..
~'/L ,Y /// ,
l' ~~df~'.~
R. Thomas Kline, Sheriff
IITBml TOLIDO,
plaintiff
IN THI COURT 0' CONNON PLIAS 0'
V.
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cmmlRLAND COUNTY, PDNSYLVANIA
CIVIL ACTION - LAW
95-6713 CIVIL TlaM
JOSI A. TOLIDO,
Defandant
IN 01 PITITION 'OR CONTIICPT 0' COURT
OIDIR 0' COURT
AND HOW, this 1st day of Maroh, 1996, .t 10150
..... .fter he.ring, we find that the defendant i. in willful
oont.-pt of the witbin proteotion from abuse order, and he is
thus .djudged,
Sentence herein i. dsferrad for . period of .ix
months. during wbiob, if tbere .re no furtber viol.tions of this
order, the cont.-pt finding of today .b.ll be di..olved witbout
furtber order of oourt.
By the Court,
.~.:r..:t4
W1111_ I. Oebig, I.quire C~jUWI'\Joi'l'f~
Sr. Assistant District Attorn.y' '3-1-1'
Thomas D. Gould, I.quire ,
'or tbe Defendant ~ ~~ '3-1-'P{,
-
prob.tion
Ibg
R, THOMAS KLINE
Sheri"
~\'Q. of QtuJltb~
tJ~~ ,"" 1..~
~1.' ~:,t;> "l~
~.',. _.';r'"\.,_ x.J
'I1,t)"v: ~,;};.\.'!'11~1'i
"!, I' _.,\t - - .1\_'" 1
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-;) .:L: I\. '::~ .~~ !. l.l. tt-
t f., l'.' .\,c....,c.,'t "' i ,~
,./:.~:;:.:.~~--~"',:;.:.~, .
,\,.... !"""~, .,,?....~ i,n~.
'-..~~~'-,:".'~~" )-::_"'~t '~;-."
AUOREY Q, ADAMS
RIII,EIIIII Deputy
RONNY R, ANDERSON
Chll' Oepuly
HORACE A, JOHNSON
Solicitor
OFFICE OF THE SHERIFF
Court House
Carlisle, Pennsylvania 17013
March 5, 1996
Lawrence E. Welker
Cumberland County Prothonotary
Cumberland Co. Courthouse
CarliBle. Pa.
SUBJECT. Civil Subpoena
1. 95-1967 civil
Ronald S. Painter
8.96
2.~5-6713 Civil
6.16
Jose Toledo
Total
$15.12
So answers. {/
/YX<--"'~ /2~
IR. "Thomas ~line, Sheriff
Willll.. M. HOle
Sh,rlff
Edwlrd C. Roberti
Sollcllor
ReubeD B. Zeller
CIII,IDlpu/}', Operations
Jlma V. VIDlreca
Chl'IDepu/}', Admlnlslral/ons
York County Counbousc
Yark, PCIIIII)'lvuUl 17401
717.771.9601
ESTIlER TOLEDO
IN TIlE COURT OF C'O/olloIOO PLEAS
CUMBERIJlND COUNTY, PENNSYLVANIA
VS.
00. 95-6713
JOSE A. roLEDO
AFFIDAVIT OF SERVICE
I, William M. Hose, Sheriff of the County of York, Canrronwealth of
Pennsylvania, after diligent search and inquiry as to the defendant,
Jose A. Toledo, the wlthln named defendant, do hereby return, Contempt
Order, Not Served Within Hearing date.
So Answers,
SWorn and subscrlbed to
before me this 9th day
of April 1996
~{~(fi?~,
WILLIAM M. HOSE
bHERIFF
COUl'n'Y OF YORK
~~1:~ ,,/ C}~/.tJO
Nnlilllal 500'
Mollr.sa J. Grn~fi, Nolnry Publlo
York, VOfk.Counlv
L~\I r.ommi~r:lnr' r ~fljUl!i April 20. 1 n!'lA
" '~'"",,,,,,n~_.....w"'l..l"'I_'1
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......."" .-.....'---_.~_.." .~.,.'. ...~ . ...~...,,..._...._-_....
. ......,..,....;'...i....Ioooi.:............._...--.-.._._..
.
R. Thomas Kline
Sherllf
Ronny R. Andersor
Chlel Deputy
AUDREY Q, ADAMS
R..I EII.I. Depuly
HORACE A. JOHNSON
Bollellor
OFFICE OF THE SHERIFF
Court House
Carlisle, Pennsylvania 17013
TOI Hon. Will iam Hose ..
York County Sheriff's Dept.
28 East Market St.
York, PA 17401
REI Esther Toledo
VS
Jose A. Toledo
No. 95-6713 Civil Term
Order of Court ect.
Dear Sirl
Bnclosed pleaae find writ of Order of Court and Commonwealth'R
Petition for a Hearing on Charges of Indirect Criminal Contempt
to be served upon
Jose A. Toledo at 80 Fisher Road, York Haven, PA 17370
in your County.
Kindly made service thereof and send us your bill of costs
and I will mail a check for same, or enclosed in advance costs
which you request.
Very truly yours,
,; . /,4
r~--~"<-l;~
R. THOMAS, KLINE, Sheriff
Cumberland County, Pennsylvania
Enclosures I
c:; II I
. 1
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In The Court CT C=mmo:"\ Fle::s OT C:.Jr.::::,m'i:nd c.:;u';j~'YI Pa:msyl'lc:r.i:::
Esther Toledo
'IS.
Jose A. Toledo
q~-6713 Civil T~rm
''1
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O....'CE 0.. THE DI.T"'CT ATTO"NEY
0.. CUM.E"LAND COUNTY
ONE COUIITHoUN lICIIMllE
. CAllLlau!, NllllaYLYAll1A 17O,a
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,
ESTHER TOLEDO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
95-6713 CIVIL TERM
n
"
JOSE A. TOLEDO,
Defendant
CHARGE I INDIRECT CRIMINAL CONTEMPT
;::,
,
,
'.'
<'1 ORDER OF COURT
L_' ~r
~ AND NOW, this ~day of February, 1996, this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable cause for the issuance of
process. In consideration of the attached commonwealth's
Petition, the defendant, JOSE A. TOLEDO, is directed to appear
for trial on the_charge of Indirect Criminal Contempt before the
Court on the /2- day of '-7)bA.,(]C , 1996 at C/:dlJ o'clock
.it. .m. in Courtroom' .:j of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
The 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. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the Court,
VI~Vl/~~,.(SIlN3d lei R:~LH",~f1,/.IrH./....J
;'I ;)IIl:!'/J 1{evinA. Hess J.
Michael S. SCh~" 911 t IZ '" TRUE COpy FROM RECORD
Chief Deputy Di'M~~r- At,tornel' In Testimony whereof. I here unto set my hind
:Li;~ii1i ;1.1 ~QI'~ and the seal of said eoun..~lat Carlisle, Pa.
JOSE A. TOLEDO " T~~.s:~ ~~,L}9~1
Prothonotl~
ESTHER TOLEDO
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-6713 CIVIL TERM
JOSE A. TOLEDO,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this day of February, 1996, this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant,
JOSE A. TOLEDO.
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. Furthermore, after appearing before
the District Justice the defendant is advised to appear before
the Court Administrator at the open of the next business day.
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.
By the Court,
Kevin A. Hess
J.
Michael S. Schwoyer
Chief Deputy District Attorney
JOSE A. TOLEDO
ESTHER TOLEDO,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-6713 CIVIL TERM
JOSE A. TOLEDO,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Michael S. Schwoyer, 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 private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The commonwealth is requesting a trial on the charges
of Indirect Criminal contempt pursuant to 23 Pa.C.S.A. 56113.
6. The plaintiff and 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. 56117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Attorney
ESTHER TOLEDO,
vs.
Peti tioner,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Respondent.
NO. 95-6713
Dauphin County No. 5275 S 95
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
JOSE A. TOLEDO,
ORDER OF COURT
AND NOW, this ,.~ day of
])~ ~ 1- t.--
1995, upon stipulation of
tlle Parties, it is HEREBY ORDERED AND DECREED that the terms,
conditions and provisions of the attached stipulation ace adopted as
an order of court as if the same were set forth herein at length.
BY THE COURTI
,/j/L
'~mJE COPY FROM RECORD
.i:itlmony wherool, I here unto set my hand
, H:~ ~eal of said Court at Carlisle, Pa, "
,ll~ /3..t1v day 1, "=1\.1 t~ ,- 1~ 'I
>o&h.. : ~' CL. ?PI" .-..
olJFi ,Prothonotary
Ii
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ESTHER TOLEDO,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
"
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Petitioner, I
vs.
NO. 95-6713
Dauphin County No. 5275 S 95
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
JOSE A. TOLEDO,
Respondent.
il STIPULATION AGREEMENT
,
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!i AND NOW this i)ttI day of December 1995, intending to be legally
,
:' bound, the Parties agree and consent to the following terms:
!'
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1. This agreement is made without admitting or denying the
allegations set forth in the Petition for Protection from Abuse as it
wa. originally filed with this Honorable Court. The Parties agree
that neither the Petition no~ the stipulation shall be admissible in
any future custody action.
2. Respondent will refrain from abusing, harassing, or
threatening Petitioner, physically or verbally, wherever she may be.
3. Respondent will not enter or telephone Petitioner's current
residence or any residence in which Petitioner may reside during the
pendency of this Order, execpt as it pertains to the minor child.
4. Respondent will not have any contact with Petitioner,
including entering or telephoning Petitioner's place of employment
and any other places Petitioner frequents.
5. Respondent will refrain from all harassing communication
with Petitioner or her friends or relatives.
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6. The Parties shall have joint legal custody of the minor
child. Petitioner shall have primary physical custody. Respondent
shall have temporary physical custody of the Parties' minor child as
follows I
a. ~lternating weekends from Friday evening until Monday
morning. The child will be picked up at the Daycare Development
Center in New Cumberland by 5:00 p.m. on Friday, and returned to the
Daycare Development Center in New Cumberland on Monday morning.
b. Alternating holidays. In even-numbered years,
Respondent shall have visitation on Easter, Fourth of JUly, and
Thanksgiving, and Petitioner shall have custody on New Year's Day,
Me.oriel Day, and Labor Day. In Odd-nUmbered years, Respondent shall
have visitation on New Year's Day, Memorial Day and Labor Day, and
Petitioner shall have custody on Easter, Fourth of JUly, and
Thanksgiving.
c. During the following Christmas schedule I In
odd-numbered years, Respondent shall have visitation from December 24
at 5:00 p.m. until December 25 at 12100 p.m., and Petitioner shall
have custody from December 25 at 12100 p.m. until December 26 at 7:00
p.m. In even-numbered years, Respondent shall have visitation from
from December 25 at 12100 p.m. until December 26 at 7100 p.m., and
Petitioner shall have custody from December 24 at 5100 p.m. until
December 25 at 12:00 p.m.
d. On the following Federal Holidays I Martin Luther King
Day, President.s Day, COlumbus Day, and Veteran's Day.
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e. Exchange of the child during the holiday custody periods
will take place at a public place to be mutually agreed upon by the
Parties. The holiday custody period will begin at 5:00 p.m the
i evening before the holiday and continue until 7:00 p.m. the day of
I
I: the holiday.
'I
Ii f. Two (2) weeks in the year. Arrangements for this
visitation shall be made with Petitioner at leaat thirty (30) days in
advance.
g. In the event there i6 a conflict between the weekend and
holiday schedule, the holiday schedule shall take precedence and be
the binding schedule.
h. If either Party decides to relocate and the relocation
would necessitate a change in the custody schedule, or if the
relocation would exceed a fifty (50) mile radius, the relocating
Party will give the other party a minimum notice of sixty (60) days
so that, if desired, the custody arrangement could be renegotiated.
i. This custody agreement will remain in effect until
further order of court.
7. The Parties acknowledge that a certified copy of this Order
will be served on the police department(s) in the jurisdiction where
Petitioner resides. Pursuant to Section 6109 (a) of the Act, a
certified copy of this Order will immediately be filed by the police
department in the county Registry of Protection Orders. Should the
II police come into contact with Respondent, and Respondent alleges that
.,
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he has not been served with this order, the police officer will
immediately serve the Order upon him,
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8. The Parties acknowledge that this Order will be enforced by
any law enforcement agency in any county where a violation of it
occurs. As provided in Section 6133 (a) of the Act, "(a)n arrest for
violation of an Order issued pursuant to this chapter may be wlthout
warrant upon probable cause whether or not the violation is committed
in the presence of the police officer "
9. Respondent is hereby notifiod that if he violates this
Order, he may be held in indirect criminal contempt which is
punishable by a fine up to $1,000.00 and lor by a jail sentence of up
to six (6) months.
10. The Parties understand that Petitioner's consent to
Respondent's return to cohabitation will not invalidate this
agreement and order.
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ll. THIS AGREEMENT AND ORDER SHALL REMAIN IN FULL FORCE AND
EFFECT FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF ITS ENTRY.
IN WITNESS WHEREOF, the Parties hereto have voluntarily executed
this Agreement the day and year first above written.
fr~.'Ja.. L. &-Wt.
~0~~1,Opetltloner
(SEAL)
I
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I ~fVJD ~
(SEAL)
\.
ESTHER TOLEDO,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner,
vs.
NO, &(5 - {., '71 "..J
II JOSE A. TOLEDO,
Ii
II
Respondent.
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
TEMPORARY PROTECTION ORDER
AND NOW, this drrrh day of November 1995, upon presentation and
consideration of the within Petition, the following Order is entered:
1. Respondent is directed to refrain from abusing, harassing,
or threatening Petitioner, physically or verbally, wherever she may
be;
i. Respondent is excluded from entering or telephoning
Petitioner's current residence or any residence in which Petitioner
may reside during the pendency of this Order;
3. Respondent is prohibited from having any contact with
petitioner, including entering or telephoning Petitioner's place of
employment and any other places Petitioner frequents;
4. Respondent is directed to refrain from all harassing
communication with Petitioner or her friend or relatives.
5. Petitioner is awarded temporary primary physical custody of
the Parties' minor child, and Respondent is denied visitation right6
with regards to the Parties' minor child.
II
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6. Respondent is directed to pay Attorney's fees incurred by
Petitioner in the amount of five-hundred ($500.00) dollar6 plus any
and all filing fees and additional costs incurred by Petitioner.
7. A certified copy of this Order shall be served on the police
department(s) in the jurisdiction where Petitioner resides. Pur6uant
to Section 6109 (a) of the Act, a certified copy of this Order shall
immediately be filed by the police department in the County Registry
of Protect~on Orders. Should the police come into contact with
Respondent, and Respondent alleges that he has not been served with
this Order, tne police officer shall immediately serve the Order upon
him.
8. This Order shall be enforced by any law enforcement agency
in any county where a violation of it occurs. As provided in Section
6133 (a) of the Act, "(a)n arrest for violation of an Order issued
pursuant to this chapter may be without warrant upon probable cause
whether or not the violation is committed in the presence of the
police officer."
9. Respondent is hereby notified that if he violates this
Order, he may be held in indirect criminal contempt which is
punishable by a fine up to $1,000.00 andlor by a jail sentence of up
to six (6) months. The Court may modify this Order at a contempt
hearing.
10. This Order shall remain in full force and effect until
further Order of the Court.
(PRlVAlEl
JURT OF COMMON PL EAS OF
~BERLAND COUNTY
INDIRECT CRIMINAL CONTEMPT
INCIOENt NlIMUm UCnNO,
om
'. .of
: ~.:'..l.:~:..: ..
_0_________
Illricl Allorney's Orrice @) 0 Approved 0 Disapproved because: -COMMONWEALTH OF PENNSYLVANIA
~ __ laJf j., ~l\L \ ' t<JwlfJ (}(f[f:lOllNT: VS:...- I .. I It, ~ j001o\edo
~ _ E r-j'I..;L:P,' J\. 10' eerO 0-, , .,.
tI..", 0.,,) (SllllfHU~J NAM J- r-
.....J;S ~1e'" Jb led 0 AND , '0 () rl ::.,,1](' (' Pti
(N.tn.~.~ Prt. AOllI1ESS ~r:)I":"" I-killt:'(l -PA /7370
<'l~'=~~'_'.'~..d~I~S'''~~' J7ds5 O.O.B. Cj~'6 08
:Idin. al S . S., I t{o- 50 - 4086'- ....-- ----..,.-, "
hereby Ilale,
I il I accuse the above named defendant, ,who lives al lhe address set forth above or,
D I accuse an individual whose name is unknown to me but who is described as
.
o his nickname or popular deslgnallon is unknoWn to me and, thercCorc, I bave designated bim herein as John
Doe; wilh violallnl the .,eoal ~aws of the Commonwealth of Pennsylvania al
(n-.l'oIlrlaJI SubdlrWiM)
In CoUflty on or about
Participants _ (VIAM_fNUI/dIIdIlII,,,-.rlwk.._lwJw,,,,.,uI,,.._qfabo.,dt/<lIda,,,,,
) TIle acts committed by the accused _@ .010 VIOLATE A PROTECTION FROM' 'ABUSE' O'RDER
ATEO: AT DOCKET NUMBER
N THAT OEFENDANT DID THE FOLLOWING ACTS IN VIOLATION OF THE ORDER:
!J eon-Ii (kId/I:! Ie I~ p hOlies m.0 plac( ()f. honUl af/d J:JLL4{Jl~iM I J'U-lJ/1.i90:{[U,), tintuJ
Q.. da~ en 0 da,l!:) th.5l..5 10 /1o..tctSS G::hfell.:/-t:r7 {{fld LtI:J:5ef m~.
.;J) Contods fO-ml0J memlxr.r '-)lCtS c12lilri 1l'.!:J {Jalc'rrls i my St:51f'f Cl..J?d bffil1er
~) .v1.sr;:t~{l.S m!J 'f)nt 10 /Jr/tJU(!::j JJ:} iO-(getJrlj 010 (O-lUOIkn1"tWJrlrM to
lln(l,-(J u.nu.. tn4 1.O-(lJdtj pu)tJlc'tn.5". ' (.
'-') Called '!1.J,,1 1tJ-cphCJle. (!olrlpctt7g{&IIAflrJl1frc) -10 det:rf/1me, cd1af (){Jf1ona.
=e(vlu.5~f/d IOfJ9'. a(..::.-ro.f7{c. ntJ../17bcrS ':L ,ufa.ct' , ())e l/Ile. I'" .septua..7e
I ~ '4IIIkh were ~iDii' dlanity or tbe CoaunOllwulth of Pennsylvania and c:on~_to tbe Id at' Assembly.
:......tloaot and_oftbeldof,. ~JI__~ -.
~ ~
, the Ordinance or . ~,,~
7fi;iiikJSub -;n.;r.,,)
I ask tbat a wamlllt of arrest or a summons be Issued and Ihat Ille accused be required to answer the cl1arges
I bave made.
:~. - .... .-,..~'" ....:'\.
I verify that the facts set forth In this complainl are trUe and correct to Ille besl of my knowledee or infomuition
and belief. This verificalion is made subject to Ihe penalties of Section 4904 of the Crimes Code (18 Pa. C. S.
~ 4904) relatlnlllo unswolll falsificalion to aulhorilies.
I
...;-r..btuCAlU-j 13
.19~
fkt11lAJ.kW
(Slenlllflre qf Compfalmtnl J
.~D NOW. OR Ihis date . 19 _' I certify the complaint has been prollcrly compleled and
enfied, and Ihal there is probable cause for issuance or process. '
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