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Home My WebLink About00-08444 '. ~ '. Ann Marie Flickinger Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 00-8444 Barry Eugene Flickinger Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Barry Eugene Flickinger Defendant's Date of Birth is: September 4,1956 Defendant's Social Security Number is: 196-48-3633 Name(s) of All protected persons, including Plaintiff and minor children: 1. Ann Marie Flickinger UJOI AND NOW, this l the court having jurisdiction over the parties and the su ect- atter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: Plaintiff's request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Except as provided in Paragraph 4 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 employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's residence located at 77 Betty Nelson Court, Lot 103, Carlisle, Pennsylvania. ,; rrn ~ ............ "--~ ',' ,..;k.;;-~' 1 f\\ > 3. Except as provided in Paragraph 4 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. 4. Custody of the following minor children: I. Daniel Robert Flickinger 2. Luke Nathaniel Flickinger shall be as follows: . See Attached Custody Order 5. The following additional reliefis granted as authorized by ~6108 of the Act: - Defendant shall refrain from harassing Plaintiff's relatives. - Defendant is enjoined from damaging or destroying any property owned by Plaintiff. - Defendant shall not own, possess, or transfer any firearms or weapons for the duration ofthis Order. -The court costs and fees are waived. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police-Carlisle 7. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 8. All provisions of this order shall expire on: June 18, 2002 NOTICE TO THE DEFENDANT _.-#t-r'VT1~ ." '-".," -~ - , k;, ,. VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 96114. VIOLA TION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C 992261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. 9922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 4 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. 96113. 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. 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. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. - - u.- :cca ~. ~ l~~ ". -." CF ...,'.'J7'nv ,,'......\., i"'~~1 01 FF8 /"" ;J "I~ I,. nn ,.,1.;- '-" CUl'!P::',~", I'.....' (',-" "JTY "~''- '- '-,-'iU "\ 'un PENNSYi.vA~ii;\ ~,' .- ="' .' ~ . ,~ 'j;il ..mJ . ~ '_Ilf}l; f! "i~~~~~~~'!M~~Iil~f-'F\i~;tW"~jr'~','7';;'--'''-Y'-"'\T'i;j-l'''''1'''H"'~fi;i:mjij'+tVlFlA'''!l''~'''':1~'l'I_C'-.t,;),:,,, 'c",-~,0!'R91~j~I,~~ " .<;. ."i:-,.,> ',' " . " 'L._....._~' ..,. \ ", ,,- If entered'pursuant to the G-- ~~.L ~^ Ann Flickinger, Pla~ntiff ~r~L Attorney for Pla~ntiff Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 , ,,:.. '~':">~/~:~~'''\:'-:\''>:.} -:.. (' \. - consent "of ''Plaintiff 'ci.'nd 'befendant: e, t,~ Ba~liCkinger, Defendant , I;.,' :~~~:.,:~~~'~'i;~i+,' ,,~""'_l"''''~~'. _. , . -" , ,.'" J. .,-,"'" , J Ann Flickinger, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000-8444 CIVIL TERM Barry Flickinger, Defendant : PROTECTION FROM ABUSE AND CUSTODY h ~RDER . AND NOW, this ~,daY of T<l' !lI)' 2001, upon consideration of the parties' Consent Agreement, the following Order, which shall remain in effect pending further Order of Court, is entered with regard to custody of the parties' children: Daniel Robert Flickinger(DOB7/21/93) and Luke Nathaniel Flickinger(DOBI2/5/95). I. The plaintiff, Ann Flickinger, hereinafter referred to as the mother, shall have primary physical and legal custody of the children. 2. The defendant, Barry Flickinger, hereinafter referred to as the father, shall have partial custody of the children, according to the following schedule: a. Upon the father's release from prison, he shall have the right to five (5) periods of supervised visitation with the minor children to be held at the YWCA in Carlisle. The parties shall cooperate in contacting the YWCA within two weeks of the father's release from prison in order to schedule the periods of custody under this provision. ",M_." "J "Ix, , . '.' H"~'-__< b. Upon completion of the supervised visits, the father shall have partial custody of the minor children alternate weekends from Saturday at 12:00 noon until Sunday at 4:00 p.m., and c. Other times mutually agreed upon by the parties. 3. The mother and father shall share custody of the children on holidays attimes mutually agreed' upon. 4. The father may have written communication with the children, but the content of the letters shall be limited to issues regarding the children; however, he shall not use letters to the children to communicate directly or indirectly with the mother. 5. The mother shall drop off and pick up the children at the father's residence for his period of custody, as long as the father resides in Cumberland County. If the father should relocate to another county, transportation shall be facilitated by the mother or a third party agreed upon by the mother and father. 6. The father shall have the right to see the children on their birthdays at a time to be agreed upon by the mother and father. 7. The father shall not leave the children unsupervised with his two older sons, J.R. and Lawrence. 8. The father shall not consume alcohol during his period of custody with the minor children. 9. Each parent shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. --,~""~,~_. ,LI "l ~ , ,~ , . , , . . . 10. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. By the Court, If entered pursuant to an agreement by the parties: ~~~ Ann Flickinger, Plaintiff B~e.~ Barry Flickinger, .. Defendant Pro Se Carey Mid-Penn Legal Services, Inc. 8 Irvine Row Carlisle, P A 17013 .._" --'> ," '''T --=- '^.' OF T, EL:~'b?I':~:~)fA'1f o;w~ _r..- ..; pi'"t I. I,: no CUI' "". Mt"'.,,:.:,' 1-\:.-,. ,.._~ ...-,..I'.'.j-:"u ','f'; 'JI.'Y PEN\S'riV/;i~iAul\ 1 c - -'r"-~ ~__, O~'" r . . - IIp;'" l...~~..,"J.lJi~l~~!li ~nll.B\S.!~l~iliffl'~~'!\ffi~l<;i'W"r<-,,;WR'f)"iY<C'Fl'-'';''o,w;~,*,';;-'c~_""''t;\'''''',,,",~~!iW~~M!flJ1li~~~::rTIJl',~~~ll~Illr.~ .,""0"_" I.. .- ~ -,-, '. " . ' w._ 02/06/01 TUE 12:09 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 ~.. \0,.. III ****$*~******************** *u MULTI TN REPORT u* *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR 2439 [ 01l9p2405331 [ 04]92490779 CENTRAL PROCESS PSP , OFFICE OF 'mE PflOl'HCNn'ARY CUMBERLAND a:xJNTY COUR'l1-/ctJSE OOE COURTHctJSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 TO: l5 Cp PA STATE POLICE VI!>., TELECOPIER FAX ~: 717-249-0779 rnCM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: ~.. ilK} , OF PAGES (INCr,UDING OOVER SHEET) , 1his ~ is i> ,1kI Url ally fix tte \.EiC of tre irdiv:idLBl IX Erltit;y lD W"rid1 is is ct'.tb.........J, om trel)' crntdin infOln'etial ttat is p:ivilt;g;rl, cxnfitBltial. ad e<e1'{ll: frnl1 rH.....lce "'3 I,I'l.'I;:[' "{{Jli...ml", Ja..i. If the ~ of this ~ is rot tin intarle::l <ECipimt, )Ql are ~ rotifiOO tmt iD/ (\i$emiretim, distrib.Itim ac apfID;J af this a:J1IlU\icatiJ::n iB strictly pxhibitBi. It'}Ul h;M;: te:2iw;:! tlus camu:tir.ltim in ea:>:x, plmge rot:ifY l5 imre:liately ty ~:re errl return the a:iginal. II 'T.f' to us Al lte an,' ailr:e3s via the ~!.S. (:OOtal flE!t',iCD. 'Il'B'Ik )Ql. ._~~_" If I, ~~ "I ,'I ,'. ~ --. . .t,j~!l~{ '" " , .. Ann Marie Flickinger Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. . : No. 00-8444 Barry Eugene Flickinger Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE CONTINUED TEMPORARY ORDER AND NOW, this 13th Day of December, 2000, pursuant to 23 Pa.C.S. ~6107(c), the terms and conditions of the Temporary Order issued on 5th Day of December, 2000, in the above-captioned case are hereby continued in full force and effect until further order of the court. A hearing on this matter is scheduled for the February 5, 2001, at 2:00PM in Courtroom 3 of the Cumberland County Courthouse, One Courthouse Square, Carlisle. Barry Flickinger, Pro Se Defendant Cumberland County Prison 1101 Claremont Road Carlisle, P A 17013 Distribution To: Legal Services, Attorney for Plaintiff Faxed & Mailed to PSP .. - ~ J. . ~ ~,'" , '1 c;: -. :,'lLEL.-(XFiGE ,,' '..r,r...', ,,,. ';')'''RY -"-',:'_;':-"'i:'jl" lhr 00 DEe I 3 I),'i 2: t-, " ,)4 CUivii3lJiA:'iD CiJUNTY PENNSYLVANiA .""1' "-'.'''''<''~"~"~ - ,- .. "~-~~~ ,~" ~ ~ .. . '!IiII~!i!I~l!'l1H-,-I'j;W'!"'~~:~llF!:, _ _ !ffiJ~mlll ~" ~ro~lJl'h*k-"'i''l'~''';P;'1'''''''-'' .;,,'q">_Ii"_"""P<ti'''"~',i%t.q!0''0;'C5ifu;"1,"~'T',''''-,;,':i/i:""M'f"."!,,.;<!':!fi'i(ti-~~~""~f,';$~l~ ."""'""'""'~ . . - 'i C--i.{'-'" ~&,; .. , . ~ Ann Flickinger, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-8444 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY vs. Barry Flickinger, Defendant MOTION FOR CONTINUANCE The Plaintiff, Ann Flickinger, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on December 5, 2000, scheduling a hearing for December 13 , 2000, at 10:00 a.m. 2. The Cumberland County Sheriff's Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his Cumberland County Prison, 1101 Claremont Road, Carlisle on December 5, 2000. 3. The parties agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. '-'~~ ~ _~ ,II . '# " i I .~,,,.......~ .>iIillill"r- '11C(1iI! lluL WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, oan-Carey, Attorney for P LEGAL SERVICES, IN 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ~@:~~iIi1;,:j~fu!ll:U,i&<;NA"'~I""".):h:c'i_""j",t.,jJ.!kd;;""'1 ~ " ~ .~ "_ ~O~_~ >,.j,;;;'>" .[,,"!._.,:'d""'" ,,,,_;~,.,.,;,,~,,,;;ii-,i1C(-i.Jfu.Jiliii!f:'\..~"liOO;~~iMIi~~~_aiil.u';]I!U.t .~ ~ " " ~" ~'" -I.,. - '" ~ r () C "'. ~Jf.r.1 ni(n Z~T) ~~~ ~C:j j;: C~ Z,~: ~C' ~ -i.--:> o CJ iTq (") o T1 ''1 ,-- ..;rn :(~s.:J ~_~~; c) ::;-::r, ~S~ C'O .J> :D -< (.., :;;.-. :.l~ "" 1'0 ,,,,,,,,," r- "' ~. ~ . ,o~ I ~ i "",. ., . Ann Flickinger, : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- 8l.j1.f L{ CIVIL TERM Barry Flickinger, 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 ~ /3 ;;xr /tJ; VI) ft-".M., IN COURTROOM NO. <.3 OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYL VANIA. You MUST obey the Order that is attached until it is modified or terminated by the court after notice 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 $1,000.00 and/or up to six months injail under 23 Pa.C.S. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 9 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to fmd out where you can get legal help. If you cannot find a lawyer, you may. have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ~" .~" .~ -, " "., ~~I~Fl -~" .~. .,.. , - ~ .~ "". ^~ '-~"'-'- _ _ ~;CP('t: r-" r..' ''''..;' ,'J\- ....'rN \...;!.J-;::\~,t~-Tt.!n1\~O 1l"\I'\' ~.~.,;~. ~_(,.)1' \,-~l Of nt'r -'5 Pl'\ l!: 00 0'0 Ui_~ CQ'UNi'< ,'j"' . ''''''R' r'i'lu . Cu\v'pgNNSYLVA\'lIA 1W.1l.__J.~mt~81J:~j~!l;~tlfPif';;:^'&f~~{lI;;l!.~$lM~~~~~1~$ji;~'~"",'\1i0)~~1#'~~~ "'o<'_J," .~. ~ ~" ~~ -"'k ~ -; . " . Ann Marie Flickinger Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Barry Eugene Flickinger Defendant : No. ()o()- ?'f'fY : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Barry Eugene Flickinger Defendant's Date of Birth is: September 4,1956 Defendant's Social Security Number is: 196-48-3633 N ame( s) of All protected persons, including Plaintiff and minor children: 1. Ann Marie Flickinger AND NOW, on /:llr/ITV upon consideration of the attached Petition for Protection from Abu'se, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Except for such contact with the minor child/ren as may be permitted under paragraph 4 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 Plaintiffs 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 residence located at 77 Betty Nelson Court, !Lot 103, Carlisle, Pennsylvania. 3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. iiiIII " .- nki-. '"c;.--'_' " ^ ~ - '" ,-, -, ~ 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody ofthe following minor child/ren: I. Daniel Robert Flickinger 2. Luke Nathaniel Flickinger Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: None The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 5. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriff's Office or a designated local law enforcement agency for delivery to the Sheriff's Office. 1. Any and all fIrearms and lor weapons, including, but not limited to, any and all shotguns, rifles, and handguns. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 6. The following additional relief is granted: - Defendant shall refrain from harassing Plaintiffs relatives. - Defendant is enjoined from damaging or destroying any property owned by Plaintiff. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police-Carlisle 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 JUNE 4, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT .-__.:<Bill/;""""" - -r- " " '," ~ ~ """', 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 himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 V.S.C. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs 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 oflndirect 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 0 a. . e, in which case, they shall remain with the law enforcement a cer made the arrest. ) c~ ~~ I ~ . Date Distribution to: Legal Services Faxed & Mailed to PSP ," '~I~". '~ Jc " ;.'-' -, ''" "~ -, ",",-- -": PF AD Number: YS1167037E Ann Marie Flickinger Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. ~ No. (J-V- N <f 'i C;..;J I ~ Barry Eugene Flickinger Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Ann Marie Flickinger 2. 1, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Ann Marie Flickinger 4. Plaintiffs Address is: 77 Betty Nelson Trailer Court, Lot 103, Carlisle, PA 17013 5. Defendant's Name is: Barry Eugene Flickinger 6. Defendant is believed to live at the following address: Cumberland County Prison, 1101 Claremont Road, Carlisle, P A 17013 7. Defendant's Social Security Number is: 196-48-3633 8. Defendant's Date of Birth is: September 4, 1956 -"'" - '. -. ,--. If-; 9. Defendant's Place of employment is: Jim Myers Masonary , Jonestown Rd, Harrisburg 10. Defendant is an adult. II. The relationship between the Plaintiff and the Defendant is: Spouse 12. Tbe defendant has been involved in a criminal court action. 13. The defendant is currently on probation / parole. 14. The defendant is currently on County probation / parole. Description: Dauphin County 15. Plaintiff and Defendant are the parents of the following minor childlren: a. Daniel Robert Flickinger Age:7yrs Child's address is: 77 Betty Nelson Court, Lot 103, Carlisle, PA 17013 b. Luke Nathaniel Flickinger Age:5 yrs Child's address is: 77 Betty Nelson Court, Lot 103, Carlisle, PA 17013 16. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. Daniel Robert Flickinger For the past 5 years, this child has lived with: 1997 to present 77 Betty Nelson Trailer Court Plaintiff Lot 103 Carlisle, PA 6/96 to 1997 77 Betty Nelson Trailer Court Plaintiff&Defendant Lot 5A Carlisle,P A 1/96 to 6/96 9 Bare Road Mechanicsburg,P A Plaintiff&Defendant 8/94 to 1/96 409 S Market St Mechanicsburg PI & Def b. Luke Nathaniel Flickinger For the past 5 years, this child has lived with: 1997 to present 77 Betty Nelson Trailer Court Plaintiff Lot 103 Carlisle, PA . ,,-,,~~ . ~ _ L; _ "ii~'b , 6/96 to 1997 77 Betty Nelson Trailer Court Plaintiff&Defendant Lot SA Carlisle,P A 1/96 to 6/96 9 Bare Road Mechanicsburg,P A Plaintiff&Defendant 8/94 to 1/96 409 S Market St Mechanicsburg PI & Def 17. The facts of the most recent incident of abuse are as follows: On or about November 24, 2000, Defendant came to Plaintiff's residence and Plaintiff refused to let him in. Defendant told the Plaintiff how much he loved her would prove it by cutting off his armDefendant screamed several times that Plaintiff's friend was "dead" and he threatened that Plaintiff was going to "get it" , and than he would kill himself also causing her to fear for her safety. Defendant told Plaintiff that his sons were on their way to her residence, surround her trailer, and start shooting. Plaintiff called 911. Police went to Defendant's residence where they found a suicide note from him and later discovered that he had taken pills and had voluntarily committed himself to Holy Spirit Hospital. A warrant was issued for his arrest. 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: On or about November 19, 2000, Defendant went to Planitff's residence and told her that Leonard, her friend, was "dead" Defendant phoned his son, and asked him to bring a gun to Plaintiff's residence causing her to fear for her life. Defendant told Plaintiff she could stop this from happening by agreeing to give him another chance. Fearing for her safety, she agreed. Defendant's sons arrived, but left when it appeared Plaintiff had agreed to give him another chance. Later, Defendant told Plaintiff that his sons were going to beat up her friend, Leonard, and shoot him. On or about October 1999, Defendant came to Planitiff's residence and when she refused to let him in, he got a pole and smashed the window in front of Plaintiff's residence. Since approximately 1986, Defendant has abused Plaintiff in ways including the following: shoved Plaintiff, threw a kerosene heater at her, punched the Plaintiff in the back of the head repeatedly causing her dizziness and a headache, and threatened Plaintiff that he would break Plaintiffs arm. Defendant twisted Plaintiff's arms causing pain and on several occasions, Defendant has threatened to kill Plaintiff and himself. 19. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor chi1d/ren: a. Any and all fIrearms and lor weapons. including, but not limited to, any and all shotguns, rifles, and handguns. 20. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Pennsylvania State Police-Carlisle 21. There is an immediate and present danger of further abuse from the Defendant. 22. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT _.".""""'~.....,...~"" ~ '~~ ., .-,- T I 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. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: None c. 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. d. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. f. Order Defendant to pay the costs of this action, including filing and service fees. g. Order the following additional relief, not listed above: Defendant shall refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property owned by Plaintiff. Defendant shall pay $250.00 to one of Legal Services, Inc.'s funding sources as reimbursement for litigation in this case. h. 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. ,_.,~~~_...., Date: . ~ ._ c c 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 Respectfully submitted, 1;)./:; /(J() , I Jo LEGAL SERVICES, 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 Distribution to: Legal Services, Inc. Fax and Mail to PSP ,,' "'.~"~!~W.Jii ,,,;r-i~>-- ~"""""'. -~, ~ _L ,-. ~~ " - - ~, , ,'~ - ~C, c r ; VERIFICATION 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: -L1 - 30 - 00 u: "<-"'- l iJ . '.. Ann Flickinger, Plaintiff ~iII'!IIi!l1IM~,).t":~n!N'~!'''M;fdHl~~,)''I''''"''''''&.1;':':!il'i,m.';,d:'',~."hi 'd"~,,,,;'il\f.",k;;;'.,ri;;;'f~ll:>>~M '-;;]r:.t~lliiilliill!Ll.:JU.Ji'M' -~",~~.lijl,_'iI1:W,.r'q""';'~_ , ....11. '*'l,'~ frf. r """ ~, Pt ~ 0( :r' \ ; ~ R~ ~ t'i } ~ " ^ ^~ ~.." ", " . '~ ~..)-.,.~ .'~ . .-........\".-, "',\1"''''' ,\.--,,' ,,~ r.. .,. L)t,. ,., \' ~ 4.. "'-; \ " ~. ~~=", " , \ (") Q c: C> ~) ~" -em ~:::J ~; L:'J '''' C') , " -~l zed , . '.:::<'7'; C/,).j-,," ~~ <.n ~~:.: c;) ::<'....... "0 ;~~.~ ~~t )> ZO -~ :55:0 -'- '~.;(~~ ~ S-? (5 '" w .~.; ?Ii 0'\ -<; ~ '-,!il!l " ,~ ---__,IlII11l"l!,.""lJi.>__f'"'. 12~06/~0' TUE 16:52 FAX 717 240 6573 CliMB CO PROTHONOTARY . ~ , @OOI r *************************** *** MULTI TN REPORT u* *************************** . TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2324 [ 01]9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR ." ". OF'f'ICE OF THE PROTHCNJI'IIRY CUMBERLAND COONfY COUR'IllOOSE . ONE caJRTHOOSE SQUAilE CARLISLE. PII. 17013-33a7 (717) 240-6195 FAX H: psP LS ,J . C,t'tli rul rro(.-cSSff1.j q-cl4o-- 5331 FAX (717) 240-6573 VIA TELECOPIER TO: l"RCt-!: CURTIS R. LONG RE: ,p FA OrrJ-ell'5 MESSAGE: : L;_ _.....r/ 00. OF PAGES (INCLUDING a:NE:R SHEET) This IIESSGI9= is intErd;rl cnJ.y fix tte ~ of tte in::livid.al. IX" mtit;y to o.hich is is cdh. I, en! rrey anu.rln in1OmHt:im ttat is ~. o:nf:idi:ntial ml e.mp;; ftt:m rii....lrRlfB ~ "IT'li....nlp 1!w. [f 1i'E rreEr' of ltIis 1\ "9' is rDI: tl'E inta'M =ip.i.eot. yO.! are ~ rotified tret <nj di,ssEmin3tic.n, dist:riJ:utim cr awing of this comulli::atim if; strictly p:ctribi.lB:!. If}OJ h3I.e J:B:2i\.Ed ltlL~ o;1T[lIJ1i(.~tirn :in =. plea;le mtify \.IS imrEdiatEly W teJ.eP'l:re .;rd tetum lie cr:ig:inal n -p to 1.B at -'" ~ , . -.J'u u' -I '--'-~ .............~..............." .......1.. 1.. LL1. "-"-A."...............A. I.L' ..;~.- ,,; , , CASE f'UIBER ()() - <g 4 4 L/ N~E gp;~~()~t'~ecC:!~~r RA Co.r\de, PA J7() /3 BALANCE ,DUE: $ jOg /() VICTIM'S NAME: fiwf'\OS-lC FlirK;n~.Y'~R ADD DELETE $ $ $ $ $ 3Jt"O $ $ 15.00 $ $ 15.00 $ $ 4.5.50 $ l70 STATE SURCHARGE l71 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) :>02 RESTITUTION . NAME_Pm~h()Mtl1..rj ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP PROTHONOTARY OFFICE t J} ~/. ff~./ PERSON CERTIFYING INFORMATION mn _ . YJ/YJ? fJ/)/'YY7 ~_1/;", . I I DATE (13 - 11 -(j I ,. ~ " > y' ~~~~-, , . . .. ~ ,.. w ",,) . " " ANN MARIE FLICKINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 00-8444 CNIL V. BARRy EUGENE FLICKINGER, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this U/'11 day of MARCH, 2001, 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, BARRY EUGENE FLICKINGER, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the I z.. T"aay of /t1~001 atj> ; c:.ih'clock -fJID. in Courtroom #..3_ 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, ~ Jonathan R. Birbeck, Chief Deputy District Attorney BARRY EUGENE FLICKINGER _~IJqf'''''''=''~~'~;,lli'''~tl~~(,*,0\illiSlill{MM'.'f:UMimil~~"",JWWB6!.!J\'.j,r..,:,A:si."~~iilIJ'~... .".~ .~ L~" ~. '. "'-' ,~, - ~_ ~,. , ' ,...,. >' -.",....1,.." ul____ . ~-- ." " li!ilSlil' ;:; r:," !-I'_\f~ ~r- v.' -:::",- r::(-", ~~ L ~-~ -< . . c' f:: -~!i i! Ii II , '.,J .".) -'::J r:-:? ~~~ -, (fl ",,"'"""--' ,-_1 -~, " ~j , . ANN MARJE FLICKlNGER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 00-8444 CIVIL BARRY EUGENE FLICKlNGER, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges ofIndirect Criminal Contempt: I. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S 6113. 6. The plaintiff and/or the defendant may seek modification ofthe 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. S 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge ofIndirect Criminal Contempt. Respectfully submitted, /-'" I.....~~'-..L. .......~ .,.., "' '-, -.0 _~;;''''<< ,__,;; jIJ;: COMMONWFtAL1:H 0F 'P.ENNSYLV ANlA COUNTY OF: Cumberland .POLICE CRIMINAL COMPLAINT Magisterial District NUlPer: 09-3-02 istrict J",tice N""':HCV. Helen B. SHULENBERGER ress: 27 W. Big Spring Ave. Newville, PA 17241 . COMMONWEALTH OF PENNsYLVANIA VS. ocket No.: ate Filed: DEFENDANT: NAME and ADDRESS I Bany Eugene FLICKThGER Cumberland COlillty Prison 1101 Clarem:mt Road Carlisle, PA. 17013 L I Telep,ore: (717) 776-3187 OTN: ..J eferdantls Race/Ethnicity IZJ White D Asian D Hispanic D Native Al'l'erican efendant's A.K.A. D Black D un!<ro.-n eferdant's Sex eferdant's D.O.B. eferdant's Social Security NUTber eferdant's SID D F"",le IlQ Male 09/04/1956 196-48-3633 Defendant's Vehicle InfonTEltial: eferdantls Driver's License NUTber Plate NUTber State Registraticn sticker(r+1IYY) State CalpLaintlIncident NUTber H2-1180020 District ~ttorney's Office. n Approve~ 0 Disapprove~ because: CTht; dlstrlct attorney nw reqJlre~t the cooplamt, arrest warrant affldavlt, or l::oth 00 8J:Proved by the attorney for the CCITlT"l:f"YWeaLth prior to f,l,'ll Pa.R.Cr.P. 107.) Calplaint/lncident Numbers if other Participants (NCIlE ot Attorney tor Ccnm::n.-JeaL tn - Please Prmt or Type) (Slgnature at Attorney tor CaiIJIrweaLth) (Date) I, (N"'" of Affiant-Please Print or Type) of PA State Police (Identify Dep3rtJrent or Agercy Represented ani Political SLh:livisicn) do hereby state: (check the appropriate box) 1. IZI I accuse the above named defendant, who lives at the address set forth above D I accuse an defendant whose name is unknown to me but who is described as (Officer lJa:tle Nll1ber/I.D.) PAPSP1000 (Pol ice Agency au Nll1ber) (Originati'll Agency Case Nll1ber(OCA)) D I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 77 Betty Nelson Court, Lot 140, Lower Frankford Township (Place-Political Sttdivision) in Cumberland County on or about 12/18/00 - 03/03/01. 0001 - 2400 br Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Barry Euoene FLICKIN3ER 2. The acts committed by the accused were: (Set forth a SU1TIBry of the facts sufficient to a:fvise the deferdant of the nature of the offense charged. A citaticn to the statLe aLLegedLy vioLated witha.rt: rrore, is rot sufficient. In a SU1TIBry case, you nust cite the specific sectial ard SLb;ecticn of the statute or ordinatl;::e aLLegedly vloLated.) The defendant did violate the order issued under the Protection Fran Abuse Act F .R. 1992-512 dated 06/04/92, by the Court of Ccxrm:m. Pleas of Cumberland COlillty. 'Ibe P.F.A. No. 00-8444 was issued by the Honorable George E. HOFFER on the 5th day of FebIUaI}', 2001. NJ?C 412-(4/96)(lnternet Versicn) 1-3 .... -;1 ',j,., ;-, . : , : , ,'. 'C;') (Continuation o~ 2., '. Defendant Name: Ban:y Eugene ~ICKIN3ER Docket Number: . . POLICE CRIMINAL COMPLAINT all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of 1. 6113 of the DR 3 (Section) (Sub-Section) (PA Statute) (counts) 2. of the (Section) (Sub-Section) (PA Statute) (counts) 3. of the (Section) (Sub-Section) (PA Statute) (counts) 4. of the (Section) (Sub-Section) (PA Statute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the isJrning authority. 4. I veritY that the facts set forth in this complaint are true and correct to the best of my knowledge or information aud belief. This verificatiou is made subject to the penalties of Sectiou 4904 of the Crimes Code(18 P A. C.S~ !I 4904) relating to unsworn falsification to authorities. p j/ /J 03 J (') ~ ,.JIlQi. Tf'R. ~tAtt:all;S~J6. AND NOW, on this date , 19 , I certify the complaint has been properly completed and verified. An affidavit of probable cause must be COl!1pletea in order for a warrant to issue. SEAL (MaglsterlaL Dlstrlct) AOPC 412-(4/96)(Internet Version) (lssulng Authorlty) 2-3 ~ " ,-" .''__'_, "~_'. ,,-:,<~~ ".;.> _..co'. - "'-""","'C-":~ .,'.; ;' ...,",- '__ _, ""_ '. _ < '_ , Defendant Name: Barry Eugene FLICKThGER Docket Number: POLICE CRIMINAL COMPLAINT AFFIDAVIT of PROBABLE CAUSE I, the affiant, am a nanber of the Pennsylvania State Police, I am =ently stationed at Troop H, Carlisle Station and assigned to the Criminal Investigation Unit. I have been euployed by the Pennsylvania State Police for 9 1/2 years. I have been in the Criminal Investigation Unit for 5 years. The victim, Ann Marie FLICKThGER, possesses a valid Cumberland County Protection Fran Abuse Order against the defendant. Between 12/18/00 and 03/03/01, the defendant rrailed 3 letters, which were in part or entirely addressed to the victim. The letters were miled to the victim at her hcxre address, fran Cumberland County Prison. The defendant is refrained from I1I3king any camumication with the victim, including written. I, Tpr. Roger E. HALL , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND B p gnature 0 1 ant Sworn to me and subscribed before me this day of ,19_ Date , District Justice My commission expires first Monday of January, _' SEAL AOPC 412-(4f96)(Internet Version) 3-3 - ,', l__'+_~",_; ,,_'~_~ , >i:! Ann Flickinger, : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. : CUMBERLAND COUNTY, PENNSYLVANIA "L, Li : NO. 2000- 15 1'1 , CIVIL TERM Barry Flickinger, 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 ~U~l/!u /.5 ~AT /t' .' U7) r.M., IN COURTROOM NO. ...3 OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached until it is modified or terminated by the court after notice 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 six months injail under 23 Pa.C.S, 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, 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 under the Violence Against Women Act, 18 U.S.c. 92261-2262. You should 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. If 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 reasonable accommodations available to disabled individuals having business before the court, please contact our office. 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. ._J ,-" 1.J ,_no '0 IiliAt' ~.^- ';' " " , . Ann Marie Flickinger : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. Barry Eugene Flickinger : No. ()1J - f<{ y y : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Barry Eugene Flickinger Defendant's Date of Birth is: September 4, 1956 Defendant's Social Security Number is: 196-48-3633 N ame( s) of All protected persons, including Plaintiff and minor children: I. Ann Marie Flickinger AND NOW, on /.2 !J-/IJU upon consideration of the attached Petition for Protection from Abu'se:the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Except for such contact with the minor childlren as may be permitted under paragraph 4 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 Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs residence located at 77 Betty Nelson Court, Lot 103, Carlisle, Pennsylvania. 3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. ~.o, , "" , ; , .' 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: I. Daniel Robert Flickinger 2. Luke Nathaniel Flickinger Until the final hearing, all contact between Defendant and the childlren shall be limited to the following: None The local law enforcement agency in the jurisdiction where the childlren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 5. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriff's Office or a designated local law enforcement agency for delivery to the Sheriff's Office. 1. Any and all firearms and lor weapons, including, but not limited to, any and all shotguns, rifles, and handguns. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 6. The following additional relief is granted: - Defendant shaU refrain from harassing Plaintiffs relatives. - Defendant is enjoined from damaging or destroying any property owned by Plaintiff. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police-Carlisle 8. The sheriff, police or other law ehforcement 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 JUNE 4, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT . ".,k;" ." ~'," -.. _ ~l " ' ,---- . -,,-.,'-~ ' ..--'oc......y_ ,4 , . 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. ~61l4. 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. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I 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 oflaw 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 Sheriff's 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 0 a 'me, in which case, they shall remain with the law enforcemen~eney .' lcer made the arrest. ,/ /. )c~ UU---71~-~1 uJuuge l~r~ _u ..uL--Diiie Distribution to: Legal Services Faxed & Mailed to PSP ~,--- ~. . . . .' '--' - .~" -~: PFAD Number: YSl167037E Ann Marie Flickinger : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Plaintiff v. t'1J J'i 'i 'i ~J I~~ : No. Barry Eugene Flickinger Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE I. Plaintiff's name is: Ann Marie Flickinger 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Ann Marie Flickinger 4. Plaintiff's Address is: 77 Betty Nelson Trailer Court, Lot 103, Carlisle, PA 17013 5. Defendant's Name is: Barry Eugene Flickinger 6. Defendant is believed to live at the following address: Cumberland County Prison, 1101 Claremont Road, Carlisle, P A 17013 7. Defendant's Social Security Number is: 196-48-3633 8. Defendant's Date of Birth is: September 4, 1956 - '_-11. ,n ~'';'''':, 9. Defendant's Place of employment is: Jim Myers Masonary , Jonestown Rd, Harrisburg 10. Defendant is an adult. II, The relationship between the Plaintiff and the Defendant is: Spouse 12. The defendant has been involved in a criminal court action. 13. The defendant is currently on probation / parole. 14. The defendant is currently on County probation / parole. Description: Dauphin County 15. Plaintiff and Defendant are the parents of the following minor child/ren: a. Daniel Robert Flickinger Age:7yrs Child's address is: 77 Betty Nelson Court, Lot 103 , Carlisle, P A 17013 b. Luke Nathaniel Flickinger Age:S yrs Child's address is: 77 Betty Nelson Court, Lot 103, Carlisle, P A 17013 16. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. Daniel Robert Flickinger For the past 5 years, this child has lived with: 1997 to present 77 Betty Nelson Trailer Court Plaintiff Lot 103 Carlisle, PA 6/96 to 1997 77 Betty Nelson Trailer Court Plaintiff&Defendant Lot SA Carlisle,P A 1/96 to 6/96 9 Bare Road Mechanicsburg,P A Plaintiff&Defendant 8/94 to 1/96 409 S Market St Mechanicsburg PI & Def b. Luke Nathaniel Flickinger For the past 5 years, this child has lived with: 1997 to present 77 Betty Nelson Trailer Court Plaintiff Lot 103 Carlisle, PA " ~I co "_. ."-J_ .,"._._ . ,,~;, . , 6/96 to 1997 77 Betty Nelson Trailer Court Plaintiff&Defendant Lot SA Carlisle,P A 1/96 to 6/96 9 Bare Road Mechanicsburg,PA Plaintiff&Defendant 8/94 to 1/96 409 S Market St Mechanicsburg PI & Def 17. The facts of the most recent incident of abuse are as follows: On or about November 24, 2000, Defendant came to Plaintiffs residence and Plaintiff refused to let him in. Defendant told the Plaintiff how much he loved her would prove it by cutting off his armDefendant screamed several times that Plaintiffs friend was "dead" and he threatened that Plaintiff was going to "get it", and than he would kill himself also causing her to fear for her safety. Defendant told Plaintiff that his sons were on their way to her residence, surround her trailer, and start shooting. Plaintiff called 911. Police went to Defendant's residence where they found a suicide note from him and later discovered that he had taken pills and had voluntarily committed himself to Holy Spirit Hospital. A warrant was issued for his arrest. 18. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor childlren, (including any threats, injuries, or incidents of stalking) are as follows: On or about November 19, 2000, Defendant went to Planitff's residence and told her that Leonard, her friend, was "dead" Defendant phoned his son, and asked him to bring a gun to Plaintiff's residence causing her to fear for her life. Defendant told Plaintiff she could stop this from happening by agreeing to give him another chance. Fearing for her safety, she agreed. Defendant's sons arrived, but left when it appeared Plaintiff had agreed to give him another chance. Later, Defendant told Plaintiff that his sons were going to beat up her friend, Leonard, and shoot him. On or about October 1999, Defendant came to Planitiffs residence and when she refused to let him in, he got a pole and smashed the window in front of Plaintiffs residence. Since approximately 1986, Defendant has abused Plaintiff in ways including the following: shoved Plaintiff, threw a kerosene heater at her, punched the Plaintiff in the back of the head repeatedly causing her dizziness and a headache, and threatened Plaintiffthat he would break Plaintiff's arm. Defendant twisted Plaintiffs arms causing pain and on several occasions, Defendant has threatened to kill Plaintiff and himself. 19, The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor child/ren: a. Any and all firearms and lor weapons. including, but not limited to, any and all shotguns, rifles, and handguns. 20. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Pennsylvania State Police-Carlisle 21. There is an immediate and present danger of further abuse from the Defendant. 22. 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. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: None c, 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 Plaintiff's 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. d. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. f. Order Defendant to pay the costs of this action, including filing and service fees. g. Order the following additional relief, not listed above: Defendant shall refrain from harassing Plaintiff s relatives. Defendant is enjoined from damaging or destroying any property owned by Plaintiff. Defendant shall pay $250.00 to one of Legal Services, Inc.'s funding sources as reimbursement for litigation in this case. h. 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. . . "., :...... ' 'I , -~~"", - .~ . < '-"16; 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. g4904, relating to unsworn falsification to authorities Respectfully submitted, Date: (d-/;;- / CU / I ~ ( Joan Carey, Attorney for 'ntiff LEGAL SERVICES, C. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Distribution to: Legal Services, Inc. Fax and Mail to PSP ,~..... , ,I . L ." _ 'F .e;-a ~~., ',- VERIFICATION 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: -L1 - 30 - 00 <7 "<'....l- ~ ..~ Ann Flickinger, Plaintiff '_" ' I . " ~ , --~, lI:i' " Ann Marie Flickinger : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v, : No. 00-8444 Barry Eugene Flickinger Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE CONTINUED TEMPORARY ORDER AND NOW, this 13th Day of December, 2000, pursuant to 23 Pa.C.S. S6107(c), the terms and conditions of the Temporary Order issued on 5th Day of December, 2000, in the above-captioned case are hereby continued in full force and effect until further order of the court. A hearing on this matter is scheduled forthe February 5, 2001, at 2:00PM in Courtroom 3 of the Cumberland County Courthouse, One Courthouse Square, Carlisle. rge E. er,l'fesiae t Judge tap LiD -1f) c0. el I~-It/-OO ~Xj Distribution To: Legal Services, Attorney for Plaintiff Faxed & Mailed to PSP Barry Flickinger, Pro Se Defendant Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 , """'""""' '=~;'- - ";;- ." Ann Flickinger, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2000-8444 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY vs. Barry Flickinger, Defendant MOTION FOR CONTINUANCE The Plaintiff, Ann Flickinger, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on December 5, 2000, scheduling a hearing for December 13 , 2000, at 10:00 a.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his Cumberland County Prison, 1101 Claremont Road, Carlisle on December 5, 2000. 3. The parties agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. -,I ~, ., , ' '~'-::; '. WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, / ,( oan-Carey, Attorney for P LEGAL SERVICES, IN 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 -<. ., ""-'~.. ~ ~: '--"0 oJ" _ 'I ,.~ " Ann Marie Flickinger Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 00-8444 Barry Eugene Flickinger Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Barry Eugene Flickinger Defendant's Date of Birth is: September 4,1956 Defendant's Social Security Number is: 196-48-3633 Name(s) of All protected persons, including Plaintiff and minor children: I. Ann Marie Flickinger U/Ol AND NOW, this ( the court having jurisdiction over the parties and the su ect- atter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliability by the defendant and without a finding of abuse by this court: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. .. 2. Except as provided in Paragraph 4 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 Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the'duration of this order. Plaintiffs residence located at 77 Betty Nelson Cour"Lot ~03, Carlisle, pennSYlVania.'~' 3. Except as provided in Paragraph 4 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. . 4. Custody of the following minor children: 1. Daniel Robert Flickinger 2. Luke Nathaniel Flickinger shall be as follows: . See Attached Custody Order S. The following additional reliefis granted as authorized by 96108 ofthe Act: - Defendant shall refrain from harassing Plaintiffs relatives. - Defendant is enjoined from damaging or destroying any property owned by Plaintiff. - Defendant shall not own, possess, or transfer any firearms or weapons for the duration ofthis Order. -The court costs and fees are waived. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police-Carlisle 7. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 8. All provisions of this order shall expire on: June 18, 2002 " NOTICE TO THE DEFENDANT ~ , , , . . ,c_ ,J' ,-" :' VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL VANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. S2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU W. Y BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C SS226I- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. S922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant' may be located, shall enforce this order. An arrest for violation of Paragraphs I through 4 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. S6ll3. 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. 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. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. .. r, l'reslaerit Judge , ~ ~. --'-~ l.ll;i:.dJt,.-P;;:' . . . .--- ....,. d, ,I ; i "" Ifent:erect'pursuant to the' c'onsent of'Piaintlff ~'nd'De.fei'1dant':" - ~ ,,~ - ;_~:,,:~,'ll.'~~' ....:.,..,.:, ~~,~ c~ ";]~k,,-) ~A. Ann Flickinger, Plaintiff e~qt.~~ Barry lickinger, Defendant ~ /0. . ,J lJIa/VL -c/ va n Carey () Attorney for Plalntiff Legal Services, Inc. S Irvine Row Carlisle, PA 17013 <11 , 'I , , , .'tJ _ _i , ~~'" ~'1:>W;:,~ ., Ano Flickinger, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000-8444 CIVIL TERM Barry Flickinger, Defendant : PROTECTION FROM ABUSE AND CUSTODY h~ AND NOW, this ~ day of T'W"lIps' 2001, upon consideration of the parties' Consent Agreement, the following Order, which shall remain in effect pending further Order of Court, is entered with regard to custody of the parties' children: Daniel Robert Flickinger(DOB7/21/93) and Luke Nathaniel Flickinger(DOBl2/5/95). 1". The plaintiff, Ano Flickinger, hereinafter referred to as the mother, shall have primary physical and legal custody of the children. 2. The defendant, Barry Flickinger, hereinafter referred to as the father, shall have partial custody of the children, according to the following schedule: a. Upon the father's release from prison, he shall have the right to five (5) periods of supervised visitation with the minor children to be held at the YWCA in Carlisle. The parties shall cooperate in contacting the YWCA within two weeks of the father's release from prison in order to schedule the periods of custody under this provision, .. , , , , "~-"~ - "" :. ._ -.r , I '. . - ,. ~ ~ t>~> .' b. Upon completion of the supervised visits, the father shall have partial custody of the minor children alternate weekends from Saturday at 12:00 noon until Sunday at 4:00 p.m., and c. Other times mutually agreed upon by the parties. 3, The mother and father shall share custody of the children on holidays at times mutually agreed upon. 4. The father may have written communication with the children, but the content of the letters shall be limited to issues regarding the children; however, he shall not use letters to the children to communicate directly or indirectly with the mother. 5. The mother shall drop off and pick up the children at the father's residence for his period of custody, ,as long as the father resides in Cumberland County. If the father should relocate to another county, transportation shall be facilitated by the mother or a third party agreed upon by the mother and father. 6, The father shall have the right to see the children on their birthdays at a time to be agreed upon by the mother and father. 7, The father shall not leave the children unsupervised with his two older sons, J.R. and Lawrence. 8. The father shall not consume alcohol during his period of custody with the minor children. 9. Each parent shall notifY the other immediately of medical emergencies which arise while the children are in that parent's care. " ~ I , ^.--,,~ <LJ<_" ,,~ ,-- , ,-' - --, ~ ~ti:.~. ,,, .p. 10, Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. By the Court, If entered pursuant to an agreement by the parties: c~~~ Ano Flickinger, Plaintiff , ~Ov'MNo e ~ Barry Flickinger, .. Defendant Pro Se J~- Carey j Mid-Peno Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 .. ~ , .~I....- . \ "- k(_ SHERIFF'S RETURN - REGULAR CASE NO: 2000-0S444 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FLI CKINGER ANN VS FLICKINGER BARRY CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland Courity,Pennsy1vania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon FLICKINGER BARRY the DEFENDANT , at 0019:10 HOURS, on the 5th day of December, 2000 at CUMBERLAND CO. PRISON 1101 CLAREMONT RD CARLISLE, PA 17013 by handing to BARRY FLICKINGER a true and attested copy of PROTECTION FROM ABUSE together with . NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Additional Comments DEFENDANT WAS NOT IN POSSESSION OF ANY WEAPONS, STATED TO DEPUTIES THAT HE DOES NOT OWN OR HAVE ACCESS TO ANY WEAPONS. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.10 .00 10.00 .00 31.10 ~~~.~ R. Thomas Kline 12/06/2000 me this JoJ? day of B -----.~ 77~. ~.- ~.. y: ~'. . . d~~t; Sh' ri Sworn and Subscribed to before ~ J2f.>v1 A.D. C; LL ~.~. ~honotary "~~ I , ,., -, - ~q. ANN MARIE FLICKINGER, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-S444 --..-.-.! <::-IVIL. BARRY EUGENE FLICKINGER, Defendant PROTECTION FROM ABUSE IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, March 12, 2001, Barry Eugene Flickinger, having appeared in open court together with the Public Defender, Timothy L. Clawges, Esquire, on a petition alleging indirect criminal contempt of a PFA order, and the defendant having admitted the allegations of the petition, we do find the petition to be supported beyond a reasonable doubt. Having so found, sentence of the court is that the defendant pay any costs of prosecution associated with the filing of this petition, and that he undergo imprisonment in the Cumberland County Prison for a period of not less than thirty days nor more than six months. Sentence to commence immediately. By the Court, P.J. .it ~L'O' I ,\') ~ V o'? ~ Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Timothy L. Clawges, Esquire Assistant Public Defender CCP Victim Services Mid Penn Legal Services Probation Office :mtf r- - -~,-- --~ i I I.: \ '~'- ,,". - , _.".l[~ III _'O'~'_ vo _. '0' ..t'_ - .- , '""-"I~ PLfD-()fF!CE OF f'_.~'jC1 fi-~Q\jQTARY 0\ 1i~.R II; M1 9: 51 CUMBE.Ri.J~\[; coUtifY PENNSYLVANIA --._~~~. I~""'" ','.- ~-~. - __ '<C ',_ r..,v~ "'~'- ". , fi~iU!ll~~!.~ ._~w,~~~.'MliJ'~"",,"-,,_,":'c__,_~,a~~ ^,,~_,.l..rmHp~ ~=,i <1.. . "~\lI!lIiuil..il!i$'i: ANN MARIE FLICKINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V, 00-8444 CNIL TERM BARRY EUGENE FLICKINGER, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT ,.. AND NOW, this Z () day of FEBRUARY, 2002, 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, BARRY EUGENE FLICKINGER, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the L day of }A.()F.C.h ,2002 at \ I: 00 o'clockLl.m. in Courtroom # 3 ofthe Cumberland County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. Ifthe defendant canoot 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, ~ 4;1- Pl Jonathan R. Birbeck, Chief Deputy District Attorney BARRY EUGENE FLICKINGER . ;~ , _r~ , ~ ~ . ~" -"~ , ~lu.L I~ lJ~~ls oPa~ M .~k:>( ~o~ .~ -~" '--~v"- ~ ~ .= . .~ . _",~ _;~_ ,,~~~~~~~~~~~~'@i'{l%~j~~~~_1"',.JQ~___,_.~-W&l~~~'~ --~.." ~-~~- ~"'~"-d.Jj- ~c ANN MARIE FLICKINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 00-8444 CIVIL TERM BARRY EUGENE FLICKINGER, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal Contempt: I. A Protection from Abuse Order was issued by the Court. A true and correct copy ofthe Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3, The victim requests the filing of an Indirect Criminal Contempt Charge. 4, The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 9 6113. 6. The plaintiff and/or the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C,S,A. 9 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. ~~~fiIiIM1UI}rilWt'-.i..~1~i'iJ;gj,t~'Mj~j;j$~~~!iiiimi.i!ll;l.~~~~!l .'. ~" ~!:f -n "'"'""""'+.c I I I , (") C:i :~) C i~~0 -o~; ,-1 -" .~ rnr;-:~ I'T'I ~~:' r--- .,'~ i'.) f32: C:J ;s3\ :."? r..0 =;:,; :::~~ ~-. -.....j -< \0 :'0 -< .."",. .J~,,~~ ~" <,- <"",. "'-'>"" n ,<," r.<< ". ~" -.i1iII\L::; I I I I I COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cuniberland P,OLICE CRIMINAL COMPLAINT isterial District NuJber: 09-3-02 istrict Justice Ncrn;:Hct1. Helen B. SHULENBERGER 27 W. Big Spring Ave. Newville, PA 17241 COMMONWEALTH OF PENNSYLVANIA Vs. Telep,one: (717) 776-31S7 DEFENDANT: r- NAME and ADDRESS Barry Eugene Flickinger 2603 Boas st Harrisburg, PA 17105 I Docket No.: Date Filed: OTN: L --1 eferdant I S RacelEthni ci ty lDeferdant's Sex !Defendant's D.O.B. eferi:lant's Social Security Nll1i:Jer efen::lant's SID IZJlh1ite 0 Asian o Black o Ferrale o Hispanic D Native Alrerican 0_ IZJ Male 09/04/1956 196-4S-3633 eferdantls A.K.A. eferdant's Vehicle Infomaticn: eferdant's Driverls License Nurber PLate Nurber I state -rRegistraticn Stickercr+1!YY) State I CarpLaintlIrddent Nurber IccnptaintJIt1Cident NlJJbers if other Participants UCR/N I BRS Code H2-1242079 Dist~ct ~ttorney's Office. n Approved 0 Disapproved because: (1h~ dlstrlct attorney nay req..nre~t the carplamt, arrest warrant affldaVlt, or both be 8J:ProVE:d l:1t the attorney for the COOlTQ"&oJeatth prior to fllu"l,;! Pa.R.Cr.P. 107.) (Nare at Attorney tor CllTTTJ:lI1n'eatth - Please prmt or rype) (Slgnature ot Attorney tor CaTITD'l.o.'eal th) (Date) I, tPR CHAD f SYDNOR (Nc:me of Affiant-Please Print or TYJE) of PA State Police (Identify Dep3rtJrent or Agerc.y Represented ard Pol itical SL.b:Iivision) do hereby state: (check the appropriate box) 7505 (Officer Ba:\]e NuJber/I.D.) PAPSP1000 (Pol ice Agency,an Nurber) (Originatirg Agercy Case Nurber(OCA)) 1. IXI I accuse the above named defendant, who lives at the address set forth above o I accuse an defendant whose name is unknown to me but who is described as o I accuse the defendant whose name and popuIar designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 140 Betty Nelson ct Lower frankford twp (Place-Pol itical SLlxJivis;cn) in Cuniberland County on or about 02/09/02 at 2339hrs Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Barry Euqene Flickinoer 2, The acts committed by the accused were: (Set forth a Slll1iBry of the facts sufficient to advise the deferdant of the nature of the offense charged. A citation to the statue allegedly violated withwt rrore, is not sufficient. In a Sl.llTTBry case, ycxJ m..st cite the specific section ard sLbsection of the statute or ordinarce allegedly vlolated.) The Defendant did violate an order under the protection from abuse act, by the commom pleas court. Number. 2000-8444, civil term was issued by the Honorable Judge Hoffer on 02/06/01 , " " ~~ I j ACPC 412-(4/96)(Internet Version) 1-3 "I .~ . .".- (Continuation of 2.) Defendant Name: Bar:ry Eugene Flickinger Docket Number: POLICE CRIMINAL COMPLAINT all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of 1. 6113 of the DR (Section) (Sub-Secti on) (PA Statute) (counts) 2. of the (Section) (Sub-Section) (PA Statute) (counts) 3. of the (Section) (Sub-Section) (PA Statute) (counts) 4. of the (Secti on) (Sub-Section) (PA Statute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority. 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief, This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 P A. C,S, l'! 4904) relating to unsworn falsification to authorities. 1"",\ ~...,.... 0\ ~O~ ,""t9-_ n... ~,gn~Ure~~t) AND NOW, on this date , 19 , I certify the complaint has been properly completed and verified. An affidaVIt of probable cause must be complete([ in order for a warrant to issue. SEAL (Maglsterlal Dlstrlct) AOPC 412-(4/96)(Internet Version) (Issulng Authorlty) 2-3 ,~w~ I oi ,"- "'!i.'i Defendant Name: Ban:y Eugene Flickinger Docket Number: POLICE CR.lMINAL COMPLAINT AFFIDAVIT of PROBABLE CAUSE This incident oc=ed at 140 Betty Nelson ct, Lower Frankford TWp., =nberland co. on 02/09/02 at 2339hrs. The Defendant showed up at Ann Marie Flickingers door requesting to ccxre in the residence. This is in violation of the PFA which relates he is not to have any contact with Ann Marie. The defendant showed up intoxicated. The defendant did possess a laJ:ge knife and a stun gun. Violation of the PFA which relates to him not possess fireantlS or weapons. I, tPR CHAD f SYDNOR , BEING DULY SWORN ACCORDING TO LAW DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE , TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. \''i" c..a.f}<:' ~, (Slgnature ot Attlant) Sworn to me and subscribed before me this day of ,19_ Date , District Justice My commission expires first Monday of January, _' SEAL AOPC 412-(4/96)(Internet Version) 3-3 . -.." ". ""~'_"'_!;l.",-~:~"~~_~~,,,~,~,-"''''''''''''_.of.'~1if. , . /' FEB (j 2 2UOi iJ'f Ann Marie Flickinger Plaintiff : IN THE COURT OF C0l\.11\.10N : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 00-8444 Barry Eugene Flickinger Defendant : CML ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Barry Eugene Flickinger Defendant's Date ofBi!ili is: September 4, 1956 Defendant's Social Security Number is: 196-48-3633 Name(s) of All protected persons, including Plaintiff and minor children: 1. Ann Marie Flickinger ,,--: b 6. .200 I AND NOW, this re. . the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission ofliabiIity by the defendant and without a finding of abuse by this court: Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Except as provided in Paragraph 4 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 Plaintiffs school, business, or place of employement. Def~dant is specifically ordered to stay away from the following locations for the duration of this order. " Plaintiff's residence located at 77 Betty.Nelson Court, Lot 103, Carlisle, Pennsylvania. . _~_",'-,".~~l'~M:'i~Jl?j1~~~~~i~~~~~j~~~~~~ii. i' I , 3. Except as provided in Paragraph 4 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. 4. Custody of the following minor children: 1. Daniel Robert Flickinger 2. Luke Nathaniel Flickinger shall be as follows: . See Attached Custody Order 5. The following additional relief is granted as authorized by !}61 08 of the Act: ,- Defendant shall refrain from harassing Plaintiff's relatives. - Defendant is enjoined from damaging or destroying any property owned by Plaintiff. - Defendant shall not own, possess, or transfer any fIrearms or weapons for the duration of this Order. -The court costs and fees are waived. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police-Carlisle 7. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 8. All provisions of this order shall expire on: June 18, 2002 f. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. g6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYLVANIA CR.l1\1ES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRlCT OF COLUMBIA, TRIBAL LANDS, U.S. TERRlTORlES AND THE COMMONViTEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.c. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~S2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. g922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR A.MMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 4 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. S6113. 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. . Vi/hen 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 Cont=pt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. ~'''''~f:-=' 1""'-'''''~... ~~r""',~ r-<""..-..;....,."';~ i ~":.',? '. f ,~,. z'f '- ' ',., . ~. """ In T;:~t.f;-. -, '~I 1 h/':~J Lii1tO 5::.t my hand. and tllle ,')r:.al oi Zb d C)urt at Carlisle, Pa. Thi .......b......, '. f,.,..le.b..,..,~.. ,. -. ..... .' . .-. .".. othonatary Date ~~" -.' ~ ;, 1,. 'J'.> ' -'t.lJ I , . ". ~ -. '1-'" ~; ".,' '- . . , U en'er'" P"enen, 'e 'he ceneen, ef Pleinri" and Defe'den" ":" ~ ~~;\ ~^ Ann Flickinger, Plaintiff ~CvV\-7~ 8 , ~(f-'- _ Barry lickinger, Defendant .0 -n Carey Attorney for Plalntiff Legal Ser~ices, Inc. S Irvine F.ow Carlisle, PA 17013 ~: .........- .... , -.'--,'1-, , 'I d' _~;_~,:_, _, '; ~.,'" ,'- '~j . " Ann Flickinger, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYL VANIA Barry Flickinger, Defendant : NO. 2000-8444 CIVIL TERM - : PROTECTION FROM ABUSE AND CUSTODY AND NOW, this - day of January 2001, upon consideration of the Parties' Consent CUSTODY ORDER Agreement, the following Order, which shall remain in effect pending further Order of Court, is entered with regard to custody of the parties' children: Daniel Robert FliCkinger(DOB7/21193) and Luke Nathaniel Flickinger(DOB 12/5/95). I. The Plaintiff, Ann FliCkinger, hereinafter referred to as the mother, shall have primary physical and legal custody of the children. 2. The defendant, Barry Flickinger, hereinafter referred to as the father, shall have partial custody of the children, according to the fOllowing schedule: a. Upon the father's release from prison, he shall have the right to five (5) periods of supervised visitation with the minor children to be held at the YWCA in Carlisle. The parties shall cooperate in contacting the YWCA within two weeks of the father's release from prison in order to schedule the periods of custody under this provision. " . b. Upon completion of the supervised visits, the father shalr"have partial custody of the minor children alternate weekends from Saturday at 12:00 noon until Sunday at 4:00 p.m., and c. Other times mutually agreed upon by the parties. 3. The mother and father shall share custody of the children on holidays at times mutually agreed upon. 4. The father may have written communication with the children, but the content of the letters shall be limited to issues regarding the children; however, he shall not use letters to the children to communicate directly or indirectly with the mother. 5. The mother shall drop off and pick up the children at the father's residence for his period of custody, as long as the father resides in Cumberland County. If the father should relocate to another county, transportation shall be facilitated by the mother or a third party agreed upon by the mother and father. 6. The father shall have the right to see the children on their birthdays at a time to be agreed upon by the mother and father. 7. The father shall not leave the children unsupervised "vith his two older sons, J.R. and Lawrence. 8. The father shall not consume alcohol during his period of custody with the minor children. 9. Each parent shall notifY the other immediately of medical emergencies which arise while the children are in that parent's care. i~' -~' - ~. " ~, ., 'd .... "".". '-'.'"-,-".;',,, ' l.'!j 10. N."", - "'" do -'" "'""'""Y _ "" ""- fro,. "" -P&<n<" mj"" "" oP""on of"" oM"", ~ to "" ""'" """" wlriob """ _, "" fuo "'" """"" development of the children's love or respect for the other parent. By the Court, George E. Hoffer, President Judge If entered pursuant to an agreement by the Parties: C2_ ~. &1/ ~a:-::/ . JOan Carey U . Mid-Penn Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 ~~e~., Barry Flickinger, .. Defendant Pro Se ~: - , . , -~~ , > ,- -i--'~.- . -,,~--',: r,. &J - ~ik ANN MARIE FLICKINGER, PLAINTIFF: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-S444 CIVIL BARRY EUGENE FLICKINGER, DEFENDANT: CHARGE: INDIRECT CRIMINAL CONTEMPT AND NOW, ~. ORDER OF COURT this;f day of February, 2002, it is hereby ordered and directed that the Clerk of Court of Common Pleas of Cumberland County, Pennsylvania issue a Writ of Habeas Corpus ad Prosequendum directing the Warden of Dauphin County Prison to deliver the body of BARRY EUGENE FLICKINGER to the Sheriff's Department of Cumberland County, Pennsylvania for the purpose of an Indirect Criminal Contempt Hearing scheduled for March 1, 2002 at 11:00 a.m. at the Cumberland County Courthouse. The Sheriff's Department of Cumberland County is hereby directed to serve the Writ upon the Warden of Dauphin County Prison. For the purpose of his release from the said institution and his/her return thereto following the disposition, unless otherwise ordered by the Court, this order to constitute BY T J. sufficient warrant. I \ I I \Iv 0.4' (j)l/i~s oUst co bL.o.1W ( ~1i ~c;:~ii:i!i:~~m-""~-~-;"--J;';lIib~iil~~l~IUNg~ftj~!i;$~'!ll!J ~~ kiF- ,._,~-}+_;_ .1~_, ".~_'",".~l",'''''d' ..,Jl_, .,. -. ,",,':. '":~~'- ._,-"~':- -,_~, "-, '., J ,~~ n"',' ~~"..-~,,- AI. -'~- ~. " ~, '"'-'1 . 0 0 C) C f" , ~ .." -0 0:: l"'1 ~D mnl CO z::o 1',) ,-n zr~ ,C:J Cfl'!> CD ;_~) 1., 22: __~IC. c::; -= '"" '< ::::c> ;~';;-'D ~o ~ ~~M -0 9? Pc::: Z )::: :< :D (J1 -< rn ~- - " ,~ "-1-__';.1-"",, - - ,,--~;-,. -, ,I~, "'", ., ~, : :W.._' >.- ('C, c~, ,"j,,', ~' . .. STATE OF PENNSYLVANIA, } ss Cumberland County, The Commonwealth of Pennsylvania tOWarden of Dauphin County Prison G~EETING By an Act of Assembly of 1785, we command you to have the body or bodies of _ _ _a.~BJ~'Lm!GEt-lE J:':J;,:J;CISJ;l'oI~!L _ _ _ _ _ n__ before the Hon. _ n _ _Edl.ii;l:(<LELGl.!:idQ _ n __ n _ n _ n _ _ _ __ of the Court of _COCli,,~on})~~~f:ln____nnn___n______ of said County, .on l"J:':ig1'lY_n_ the 1;rL_ day oft1aI:c:IL,~__2,Q02 at H,QQ_ o'clock, _k\!_M, at the hC(~~ti}Ql!s.~___n_, in the Borough of Carlisle, together with the cause of his detention in your custody. Then and there to do and receive all and singular those things which our said Judge shall consider and adjudge in that behalf. Witness the Honorable _~?~~~_~.:_,c;u_i9-.o_ n____ _ __hnn__ n _n_ n n __ ____ Judge of our said Court, at Carlisle, the 2Bl:lL _ _. n _ _ day of _ .F",hnJi'll:Y n _ _ _ _ _ _ n n A.D. tSL 2002 (Seal) __~t!os.J3d'QI]gn _ n nn n nnn_ __ _ _ __ Prothonotary and Clerk of Court __LI1!I- 'Deputy "e.,J':"- '.....~i'- "Uii!ll'lmlSltll@li_~"~.' ~~'- ,,- ~' ,,' .~ - ",& .',_-J <"e ~ dC ~" .""- ; _ _I ! ,.. , :~ :~ , z , , , ';<J , !l , :~ , , , :~ , '" , , , 0 , 'I:'] ';<J , 0 ~ , :~ 'H , 0 , :1:'] , I , , ... , CO :;: , :1lj :;;1 , ... , ... 0 , , 'H , ... ..... , :;;1 :R , , , J: , 'H 'H I , .. , '0 '2 , '~ ~ :@ I IT" , 'H , CI) , :gj :;<J , .. , , 0 .. 1-" , , , <: () , :;<J , , , , , 1-" 0 , , , , f-' ... , , , , ;i ~ "0 , , , , C , , , , .. ... , , , , 3 , , , , ... , , , , '" CI) , , , , -0 -< , , , , , , , , , , , , , ~o"~, ~~,- .. ,.,. .. ~ I ~ " " ~ . '~", " __'_,_'_',_. .,-i,-",.,"," " ~-" . c_ ANN MARIE FLICKINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-S444 CIVIL TERM BARRY FLICKINGER, Defendant PROTECTION FROM ABUSE IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, March 1, 2002, the matter having been called for hearing on the Commonwealth's petition of indirect criminal contempt, and the defendant having admitted the allegation in the petition contained in the affidavit of probable cause, we do find the petition to be supported beyond a reasonable doubt and we do find the defendant to be in contempt of our order of February 5, 2001. Having found the defendant to be in contempt of that order, we sentence the defendant to pay any costs of prosecution associated with the filing of this petition and to a term of imprisonment in the Cumberland County Prison of six months. We give him credit for starting that sentence as of today. Neither the defendant nor his counsel making any claim to the weapons seized in this case, the District Attorney is directed to dispose of them in accordance with law. By the Court, Michael W. Mervine, Esquire -gvL Assistant District Attorney . ~ . ~ 01) j,J1'r CCP - l-tANb - "DG L.II1€.'~611 IPO - [+.1). Sheriff - t\ ~). probation It-\). Linda Hollinger, Esquire Assistant Public Defender Victim Services - tti\l'olt- \)t:uvG~6\) :mtf ~ (' '. " " r.,.~ IJ O.~~ 1..~~',,':'I, -" - II. " ,. \.-i r ",',",' ','" :", i;'\\ri'\{ C\ '~Y-'''-:'' ,-."1..,) '-)_......., ';1 I ,JI\' ,:...J'-' ';-' .:::\~" i', -, '1'\ eE~Ji\1j I L:Vt-\; \',/'\ ~ -~ M'~ " ~h'~ ,~_ I, ~=".,IM,ijIl~~ .-~ ~=~,~ 'lQ1~",""!)M'(~\'."~"'~".tIISfL~2fj~;~l\t m ,IT!ll!rliIW~~~1!~~~W'iii!l!",~,,,,,,,,~ji;~~ .,- ~;Ji>1""-- . -' - "~_Jr~",,; CERTIFICATICfi OF PFA CXNJ.>>Wl' CASE rDIBER (7) - 'if 4- ft-Lr NAME JjUt'V,",{ n; LI<''il-<j 'c.r 1/ 0 I CJ Ci i UVttJVl-L ((DO ~ ~r1I(i')/~ IA nod $ 55-. bo BALANCE DUE: VICTIM'S NAME: ~ r k~t<i I-tq~f I J ADO DELETE $ )" f 0'0 $ $ $ $ r...- __ $ $ 15.00 $ $ 15.00 $ $ . .. $ 170 171 260 207 204 502 STATE SURCHARGE STATE FINE SHERIFF COST ($1.50 + ADDTL) DISTRICT ATTORNEY COURT COSTS (CLERK OF COURTS) :::~ION,~ ,~/ , ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP "cruO"OT'" omeE ;J J ~ ~ PERSON CERTIFYING INFORMATION \ '~.. .' / U/C , DA It- ,,{ -[;~ ~~~i/