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HomeMy WebLinkAbout00-06776 J...J ,-- I" ';);oj,. ~ 4:.; TINA MARIE ASKINS , Plaintiff : IN THE COURT OF COMMON PLEAS OF , vs, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- l'17(, CIVIL TERM MICHAEL STEVEN ASKINS , Defendant : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, YOu must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the -I-i-!-"'i.y of October, 2000, at 3 :30 e'l.m., in Conrtroom No;l, 4th Floor, Cumberland County Courthouse, 1 Courthouse Square, CaAislt:, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notioe and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000,00 and/or up to sill: months in jail under 23 Pa. C. S. ~6Il4. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C, ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings underthe Violence Against Women Act, 18 U.S.C. ~ 2261-2262. You shonld take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. ][f you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonabJie accommodations availableto disabled individuals having business before the court, please contact our OffiCI~. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. :~, ''''' ~,~> !!IIr_ OF Fll.~-9~0t:~!;~~~ .. ~ I ,,1 f, 1;',cl }"-, 'ITI'~\' ;':'.; .:' ,,_;,"1~, -'\1 d oooel .- 3 HI 2: 50 CUMBEi:~iLi','DCOUNTY PENNSYLVA~~iA '!l,~lI'\'fi'il!I\.!!WI~i!'''!'il\!f~~!'i\l!:mlll~~~~!~~ilt'';;wifW.'i1'"~i4i{ii1'1r~'~~~i~~i?~~~"'":.>!'~r."i!~!~;R-f:~~"'f,!!'i!!'i"-J'-"~!l;'~~ j;~i""~~'~~II'"-~' ; 1 ". J . c. _ ,~~ ~-'---' '_o"~, TINA MARIE ASKINS, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYL VANIA v, : Civil Action - Law . : No. 00- (,77{, :MlCHAEL STEVEN ASKINS, Defendant : Protection From Abuse & : Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: MICHAEL STEVEN ASKINS Defendant's Date of Birth is: September 2, 1960 Defendant's Social Security Number is: 193-56-5362 Name( s) of All protected persons, including Plaintiff and minor children: I. TINA MARIE ASKINS AND NOW, on 3rd Day of October, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defe)ndant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. J' ....,-,,~~~ ",I . 't_.._ - I 1-, , ~ ';t, -" 2. Defendant shall be evicted and excluded from the residence at: 95 Arnold Road Enola, PA or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. 3. Except for such contact with the minor childJren as may be permitted under paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at 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. Plaintiff's place of employment: District Justice Zozos 538 South 29th Street Harrisburg, PA (Dauphin County) School of the minor children: East Pennshoro High School 4. Except for such contact with the minor childJren as may be permitted under paragraph 5 of this Order, Defendant shall not contact Plaintiff, or arty other person protected under this Order, by telephone or by any other means, including through third persons. 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor childJren: 1. TONYA MARIE ASKINS 2. COURTNEY MICHELLE ASKINS Until the final hearing, all contact between Defendant and the childJren shall be limited to the following: Pending further Order after the hearing scheduled in this matter, Defendant may contact Plaintiff at her residence for the limited purpose of arranging periods of partial custody with the parties' children. Defendant's periods of partial custody shaD be on dates and at times mutuaDy llgreedby the parties. Defendant shaD provide transportation for his periods of custody and shaD <-,', , .o."'-~_IilI~L ~^. .. ,- ,I, remain in his vehicle at all times during the transfer. Transfer of custody shall be at Plaintff's residence unless otherwise agreed by the parties. Defendant shall not use alcohol 5 honrs prior to his exercising custody and he shall not drink at any time during his periods of partial custody with the children. The local law enforcement agency in the jurisdiction where the childlren are located shall ensure that thechildlren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is ordered to refrain from hall'llssing Plaintiff's relatives. Defendant is enjoined from damaging and/or destroying property jointly owned by the parties or property owned solely byPlaintitT. 7. A certified copy of this Order shall be provided to the police department where plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT HARRISBURG POLICE DEPARTMENT 8. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL APRIL 3, 2002 OR UNTlL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING, NOTICE TO THE DEFENDANT F, ~ ","~~~-,...,k-. , liIi,L 1~ '~~ ~ " "" j,- '-" "_,.-,,k-' Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jaiL 23 Pa,C,S, ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa,C.S. ~6113. Defendant is further notified that violation of this Order may subject him!her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~226l- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintifl's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 5 of this Order, defendant shall be arrested on the charge ofIndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. , Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they slutll remain with the law enforcement agency whose officer made the arrest. Judge ~ p. ~v ---.r Distribution to: Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 FAXed & Mailed to PSP 0" 'ilJ~~iij - " i.tJl~r~~' PFAD Number: MCl143S0SG TINA MARIE ASKINS, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYL VANIA v. : Civil Action - Law ;No,OO- (.71(,. ~ T~ MICHAEL STEVEN ASKINS, Defendant : Protection From Abuse & : Custody PETI'ffttNlIQR PROTECTION FROM ABUSE I. Plaintift's name is: TINA MARIE ASKINS 2. I, (the Plaintifl), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. TINA MARIE ASKINS 4., Plaintiffs Address is: 95 Arnold Road, Enola, PA 17025 S. Defendant's Name is: MICHAEL STEVEN ASKINS 6. Defendant is believed to live at the following address: c" " II ""- "'I. 95 Arnold Road, Enola, PA 17025 7, Defendant's Social Security Number is: 193-56-5362 8. Defendant's Date of Birth is: September 2, 1960 9. Defendant's Place of employment is: Dauphin Manor, 1205 South 28th Street, Harrisbnrg, Dauphin County, PA 10. Defendant is an adult. 11, the relationship between the Plaintiff and the Defendant is: Spouse Parents ofthe same children 12. The defendant has been involved in a criminal conrt action. 13. The defendant is not currently on probation / parole 14, Plaintiff and Defendant are the parents ofthe following minor child/ren: a. TONYA MARIE ASKINS Age: 17 years old Child's address is: 95 Arnold Road, Enola, P A 17025 b, COURTNEY MICHELLE ASKINS Age: 14 years old Child's address is: 95 Arnold Road, Enola, PA 17025 15. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list ofthe children and where they have live for the past 5 years: a, TONYAMARlEASKINS -;{~, ~i>ii!t~\#M~d ,~~". '~ II - ,1, ,;.;.- . , , "L1jb@ For the past 5 years, this child has lived with: Plaintiff, Defendant, her sister, Conrtney Michelle Askins, and Defendant's 14-year-old nephew, James Fowler, ill, at 95 Arnold Road, Enola, PA, from 1999 to the present. Plaintiff, Defendant, and COlllrtney, at 95 Arnold Road, Enola, PA, from 1995 to 1999. b. COURTNEY MICHELLE ASKINS For the past 5 years, this child has lived with: Plaintiff, Defendant, her sister, Tonya Marie Askins, and Defendant's 14-year-old nephew, James Fowler, ill, at 95 Arnold Road, Enola, PA, from 1999 to the present. Plaintiff, Defendant, and Tonya, at 95 Arnold Road, Enola, PA, from 1995 to 1999. 16. The following other minor child/ren presently live with Plaintiff: a. JAMES FOWLER ill Age: 14 years The Plaintiffs relationship to this child is: Legal Guardian 17. The facts of the most recent incident of abuse are as follows: On about Saturday, September 30, 2000 location: 95 Arnold Road, Enola, PA, the marital residence On or about September 30, 2000, Defendant yeUed at Plaintiff and threatened several times, "I'm gonna punch you in the fucking face." Plaintiff left the home fOl' her protection. When Plaintiff returned to the home the next day, Defendant yelled at her, called her vile names, and made obscene gestures at her in the presence of the children exacerbating her fear. 18. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: Ou or about September 23,2000, Defend/ant threatened to go to Plaintit1's cousin's - II ~ .J " ~ home and "bust" the door down if she went to visit her, grabbed at Plaintiff's purse and tried to pull it away from her, got a hammer and threatened to break the windows out of Plaintiff's truck and flatten the tires. When Defendant left, Plaintiff locked the doors and when Defendant tried to enter the house and could not get in, he pounded on the doors, yelled, threatened to break the doors down, punched his fist through the window of the back door, gained entry to the house, and repeatedly screamed in Plaintiff's face that he hated her. Plaintiff feared for her safety and telephoned 911 for help. The East Pennsboro Township Police responded. Plaintiff left the residence for her protection and to avoid abuse. On or about September 15, 2000, Defendant threatened to hit Plaintiff, grabbed her by the front of her shirt, raised his fist causing her to fear he was going to hit her, shoved her backward, and threatened her saying, "I'll bust your fucking face in." Fearing for her safety, Plaintiff telephoned her cousin to come get her. Plaintiff sustained red marks about her chest as a result of this incident. On or about August 26, 2000, Defendant threatened to punch Plaintiff in the face, punched his fist through the screen in the window, and repeatedly screamed at her further threatening, "I'm gonna punch you in the fucking face." 19. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT HARRISBURG POLICE DEPARTMENT (Dauphin County) 20. There is an immediate and present danger of further abuse from the Defendant. 21. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 95 Arnold Road Enola, P A Owned By: Tina Marie Askins and Michael Steven Askins 22. The Defendant owes a duty of support to Plaintiff and/or minor child/ren. 23. Plaintiff has suffered out-of-pocket financial losses as a result ofthe abuse described above. Those losses are: Lost wages as a result of the incidents listed in the petition. ~'" " h.l!$;l.;l'",," tl I . , - ~ ~ "': 24, FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c, Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. d. Award Plaintiff temporary custody of the minor child/reD and place the following restrictions on contact between Defendant and child/ren: Pending further Order after the hearing scheduled in this matter, Defendant may contact Plaintiff at her residence for the limited purpose of arranging periods of partial custody with the parties' children. Defendant's periods of partial custody shaD be on dates and at times mutuaUy agreed by the parties. Defendant shall provide transportation for his periods of custody and shall remain in his vehicle at all times during the transfer. Transfer of custody shall be lilt Plaintiff's residence unless otherwise agreed by the parties. Defendant shall not use alcohol 5 hours prior to his exercising custody and he shall not drink lilt any time during his periods of partial custody with the children. e. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. f Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the couit may find necessary with resJft1et'to partial custody and/or visitation with the minor child/ren. , .""'-''''liHliot:~, ~~ , " : ~. _..I g. Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren, including medical support and payment of the rent or mortgage on the residence. h. Order Defendant to pay the costs of this action, including filing and service fees. 1. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiff's relatives. Enjoin Defendant from damaging and/or destroying property jointly owned by the parties or property owned soleRy by Plaintiff. Order Defendant to pay $250.00 to one of Legal Services, Inc.'s funding sources as reimbursement for litigation in this case. J. Grant such other relief as the court deems appropriate. k. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, o Carey, Attorney for PI . LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 ,(717) 243-9400 ~ ll"" , ~'~&1" ,';'~ "".. t, " "~. ,,,,; '- ; LiUO-~iiil;l&Nti VERIFICA TION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904, relating to unsworn falsification to authorities, Dated: <?- d y. 0 0 :7'~ 4/1. 4~ Tina Marie Askins, Plaintiff - " ~lil~.i)!1'bi,~;(""",~.c.lli'&"'[,",~.ili.ill'iii,-,'i1li>i_~;@~"'iii~",;";,,,,',~,j;,ji;i@,;G';i"~" - ~ "" ~~,' - _ _"', C'^'~~' '"~ , ,." ""p ,~ ,., ~.N~r1:m.b-.ii!f ~ ."",,,~!~,;i~,fr'@.l>ll1;,"1~ +0 ~ ~ ~"" "i!ll;_ ~ ~ (") C ",. ~~; r:: (--j ~.:.: >l.,r '''''e, )>C 2: ~ ':..,> (;:) : f\ ~ .S4. '" c-::, -l- --.. ,...,,' 0 -= ';:l '""::' --l-- __ D V1 -1J .{:. ..~ ~ c;> "'\ l>! ~- ." "'." "r.. '-, r... r- VJ .t::. ~ .t -. 0, V\ :::> C') ...... I C,) ;;? c." s. ~ "i- II ~ ~"'-;~, ,\,1; \1: !: I' I I I l E I !~ I I' , Ii ~ I' " r, a (:':) " -iJ ,-s8 _h (:) '---'1, -7"1 () (...:)r-q ~:;! :v -<; =r>fl ~ ::;, P f> ':> ~~ p ~~ (f ~-~- II - ,j _ I J. ,-,,-'-,,.,-. ~- "~--"'hii~I;,t!lt!", 10/03/00 TUE 14:42 FAX 717 240 6573 CUMB CO PROTHONOTARY ~001 .. *************************** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2203 [ Oll 9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR , " , OFFICE OF WE PRarHQ\IOTARY aJMBERLAND CXXMI'Y CXXJR'I1iOOSE ONE COORTHOUSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 LS (en!:.. PeOCeS5. TO: PA STATE POLICE VIA TELECOPIER FAX ": 717-249-0779 ',' mOM: CURTIS R. LONG RE: PFA ORDERS MESSAGE : It; 00. OF PAGES (INCWDING COlIER SHEET) , 'llris l1'e"!5CIJ:' is i1.I:t2.w rnly fi:r tte I.Se of tte irdividlal or. Sltity to Wrid1 is is cillL i. crd IIEff crntain :infumBt:icn tret is p::ivile;Jrl. anf:idSltial ad el<I3fP: fron rli<rl....~ lJ'l::Er <n>li..."nl" Iiw. If tte ma1er of this II "9" is rot tI-e intarl3:1 r:e;;ipimt. }OJ are I-ereby rotififrl tret Cflj d.i.sXffiiratim, dist:ril:IJtirn or: a:wing of this exmnnicatjm is strictly p:dtibi.ta:i. If}OJ taI.e re::ei.m tJus romuriratim in emr. .[l1eBse rotify L6 imTe:liate1.y b{ teI.q:h:re aU return tie adgirolll "9" to u> at i" ~-'"",' I 1_- , , ,,",' -=',- j '~'~1 SHERIFF'S RETURN - REGULAR CASE NO: 2000-06776 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ASKINS TINA MARIE VS ASKINS MICHAEL STEVEN RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon ASKINS MICHAEL STEVEN the DEFENDANT , at 0017:10 HOURS, on the 3rd day of October ,2000 at 95 ARNOLD ROAD ENOLA, PA 17025 by handing to MICHAEL S. ASKINS a true and attested copy of PROTECTION FROM ABUSE together with & CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 9.92 ,00 10.00 ,00 37.92 So ?~~f( R. Thomas Kline 10/04/2000 Sworn and Subscribed to before By: me this It:- JIJ ~ day of {J u;;L .!J...ov-o A, D . ~~Q'Mu~~ P 0 honotary "'~ 1, .,1 " ' TINA MARIE ASKINS, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYL VANIA v, : Civil Action - Law : No. 00-6776 MICHAEL STEVEN ASKINS, Defendant : Protection From Abuse & : Custody FINAL ORDER OF COURT Defendant's Name is: MICHAEL STEVEN ASKINS Defendant's Date of Birth is: September 2, 1960 Defendant's Social Security Number is: 193-56-5362 N ame( s) of All protected persons, including Plaintiff and minor children: 1, TINt~ ASKINS AND NOW, this" Day of October, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petitioR The following order will be entered: Plaintiff's reqnest for a f'mal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected persoll in any place where they might be found. &~ ^.' ~,- , , "'m-'l'j ". ii1_ . "'I - ^',. -,':,JTARY OO,OCT 13 P;,l 2' ')? . ~, . t.:. l.. ('UI"L':,;:,,,; "L" "I~'"m' ~ VIt,J'::-.1IU-\.": I \J'JlJl'il r Pl:NNSYLVANlA ".> .~ .." ".^'~,~ ~~ ~" , ~ .'"' ,,~ .,.t>rlt,lJ~ @1~,llf>c'ij_J:~;a Ai .,~ .1 ~,~ ~'1"i:'!l~;'~'~'!1'~'1<'W-,,;;,w1;-'t\i~'t:n'w1-'.'W"OP."~!f.;,71~'r~~;;P;1~1'j''''~'''''''Fff,"~':~(I!Ill!-~ ~'p 'J1 , I~ ~ -,~ L 2. Defendant is completely evicted and excluded from the residence at: 95 Arnold Road Enola, P A 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. 3. Except as provided in Paragraph 5 of this Order, 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 Plaintiff's school, business, or place of ernployement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's place of employment, except for the limited purpose of conducting Defendant's business as a deputy constable: District Justice Zozos 538 South 29th Street Harrisburg, PA (Dauphin County) School ofthe minor children: East Pennsboro High School 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: 1. TONYA MARIE ASKINS 2. COURTNEY MICHELLE ASKINS shall be as follows: . Primary physical custody ofthe minor childlren is awarded to the Plaintiff. . Defendant shall have the following partial physical custody/visitation rights:. ~e attached Cnstody Order. ,~ ~, '-d.,=~^,-, ,~ ~ ,~ ...o.J_ ~- L.. .......:.-_...1 . . Transportation for partial physical cnstodylvisitations shall be by the Defendant . The cnstody ext:hanges shall take place at: Plaintiff's residence unless otherwise agreed by the parties. Defendant shall remain in his vehicle at all times during the transfer. . Defendant may contact Plaintiff at her residence for the limited pnrpose of arranging periods of partial cnstody with the parties' children. Defendant shall not use alcoholS hours prior to his exercising custody and he shall not drink at any time during his periods of partial custody with the children. 6. The following additional relief is granted as authorized by ~61 08 of the Act: Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging and/or destroying property jointly owned by the parties or property owned solely by P1aiutiff. The court costs and fees are waived. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT HARRISBURG POLICE DEPARTMENT ,'" " "jjl~ ,~1I.:;o0<l J 8. THIS ORDER SUPERSEDES: 1. ANYPRIORPFAORDER 2. ANY PRIOR ORDER RELATING TO CIllLD CUSTODY 9. All provisions of this order shall expire on: April 11, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PAC.s. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL V ANlA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (SO) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S,C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TIllS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENAL TIES 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 plaintifi's residence OR any location where a violation of this order occurs OR where the defendant may be located, sha1l enforce this order. An arrest for violation of Paragraphs 1 through 5 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to 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 shall maintain possession of the weapons until further order of this Court. _ ~ _ -f;< ~__" ' _ ''''LH ." ,1, .....l ''''-'''- ~ '.';:. "'~ - -"b~ --Yrr,L 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 plaintiff. Plaintiff's presence and signa1ure 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. . Judge ... %tered pursuant to the consent o! plaintiff and d~fendant: ~,., ~ ~ 1!#1lfi-R. #~ ~ tk! .' tifl's Signatur Defendant's Signature n Carey, Attorn Distribution to: Joan Clll'ey, Attorney for Plaintifffr>OM 1/ Y (5:, VeJ) LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 Michael Steven Askins, Defendant eopf ,A1a//ed c/o Jane Askins 222 Verbeke Street Harrisburg, PA 17101 10 ~-) 3.;J1(ltJ FAXed & Mailed to PSP " _kd.. 1 J - dt. "lIiIIIiiiI ~' TINA MARIE ASKINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA vs. : NO. 00-6776 CIVIL TERM MICHAEL STEVEN ASKINS, Defendant : PROTECTION FROM ABUSE AND CUSTODY CUSTODY ORDER AND NOW, this _ day of October, 2000, the following Order is entered by consent of the parties with regard to custody of the parties' children, Tonya Marie Askins and Courtney Michelle Askins. 1. Plaintiff, hereinafter referred to as the mother, and Defendant, hereinafter referred to as the father, shall share legal custody of the children. 2. The mother shall have primary physical custody of the children. 3. The father shall have partial custody of the children on alternating weekends from Friday at 5 :00 p.m. until Sunday at 5 :00 p,m., and at other times mutually agreed upon by the parties. 4. The parties shall alternate the following holidays from 9:00 a.m. unti17:00 p.m.: New Year's Day, Easter, Memorial Day, July 4th, and Labor Day. The mother shall commence the schedule having the children on New Year's Day in 2001. The holiday schedule shall supercede the regular custody schedule. 5. The parties shall share the Thanksgiving Day holiday with the mother having the childrenunti13:00 p,m. each year and the father having the children from 3:00 p.m. unti19:00 p.m. 6. The father and mother shall alternate the Christmas holiday with one parent having the children on Christmas Eve from noon until 9:00 p.m., and the other parent having the children on Christmas Day from noon until 9:00 p.m. The mother shall commence the schedule having the ~" . ._~" , , ~'. children on Christmas Eve in 2000 and in even years thereafter, and the father shall have the children in the odd years, 7. The mother shall have the children on Mother's Day from 9:00 a.m. and keep them for the remainder of the day, and the father shall have the children from 9:00 a.m. until 7:00 p,m. 8. The father shall have the right to partial custody of the children for 2 weeks of vacation each summer. The father shall give the mother 2 weeks notice as to when his period of summer custody will take place. The mother shall have the right to have the children on weekends during that time unless the father takes the children on a vacation trip including weekends. The mother also has the right to take the children on a summer vacation including a maximum of 2 weekends. 9. The father shall provide transportation during his periods of partial custody. Transfer of custody shall take place at Plaintiff s residence unless otherwise mutually agreed by the parties. The father shall remain in his vehicle at all times during transfer of custody, 10. The father shall not use alcohol 5 hours prior to his exercising custody and he shall not drink. at any time during his periods of partial custody with the children. 11. The mother and father, by mutual agreement, may vary from this schedule at anytime, but the Order shall remain in effect until further Order of Court, 12, The mother and father agree that each shall notifY the other immediately of medical emergencies which arise while the children are in that parent's care. 13. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion ofthe children as to the other parent or which may hamper the free and natural - .1 J - ~ -~ ,","- '~ development of the children's love or respect for the other parent. By the Court, George E. Hoffer, President Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: 1~/fJdML~ M~lj~~ Tina Marie' ^,kins, P~aintiff ' Michael Steven Askins, Defendant oan Carey, Attorney for aintiff LEGAL SERVICES, C. 8 Irvine Row Carlisle, PA 17013 ~~~AitA'Y:;";1il.""~;A<1-i',*,'~~~iiclii;I',~',^,,~\1J/~~"",~f',i,~.8'~P""'*'~"'_~''''+''i~''-~;~ii~m~j;l;A!H """' t'lIurr l.m~_~!Itlri;\. JtiOil511 !Ii f~ ' ""U l' ~lJI.m...li.Jr - - ~ f~ .. ..'_.. -'>l ~1\ -P t t 'C:: ~ i:1'- J- ~~ ~ r- '"" ~ rJ ~ ~' t; .\J VI Vo,I-f ~ ~ ~r~ ~ u ~ ~ '. -~ "- VJ ~e;- r1- ~ --.;) ~ , . ~ (<'., ",. "w~ <,'-. . '=,- ~" J I. ~I ' -~ .'lt~Ii;"J, 19/13/OP FR1 14:35 FAX 717 240 6573 CUMB CO PROTHONOTARY ~001 , *************************** *$$ MULTI TN REPORT *$$ *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2220 [ 01l9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVI CES PSP ERROR ., . OFfICE OF WE PRCYI'HCXIOI'ARY CUMBERLAND COON'IY COUR'IHCUSE ONE COURi'HOUSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 LS C.d. Pf,QCe55. 10: PA STATE POLICE VIA TELECOPIER FAX #: 717-249-0779 "., mOM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: /IJ toO. OF PAGES (INCLUDING COVER SHEET) '!his" ""J':is in1:a:tkl cnl.y fir tre \.Be of. tre :in:li.vid.Bl cr. 61ti~ to ..rum :is :is ..lL.......J. a"rl ITBY anlDin .infi:lJlTBtim ttat is p:ivilEg3::l. anfidrtial. an exarpt fron ci;"",l"",u:e U'CleL 'U'lirffil" Iiw. rf tte rart!r: of this ~ :is rot tiE intaUrl r.e:::ip.islt. ~ are ~ rotifiai ttat il1Y dissEminatim, d.:ist:rilutim cr. awirg eX this o::rrmnicatim is strictly rniribita:i. If ~ taI.e re:ei~ ttus CJ:Jl1lUtic.r.Jm in emr. please roti.fy t.S inmrliately OJ ~:re em return tie cdgirel. " "'CJ' to L6 at .. . . .. -- - ~ .