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HomeMy WebLinkAbout01-05197MICHELE LOUISE BARSHINGER, for herself and on behalf of her minor child: JOSEPH WAYDE BARSHINGER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ~l9~ NO.OI- CIVIL TERM ERIC WAYDE BARSHINGER, Defendant :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER XOU 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 maybe evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the ~ day of September, 2001, at ! v71 .m., in Courtroom No. ~ on the 4th Floor of the Cumberland County Courthouse, l Courthouse Square, 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 in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U. S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. Xou 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. MICHELE LOUISE BARSHINGER, for herself and on behalf of her minor child: JOSEPH WAYDE BARSHINGER, Plaintiffs v. ERIC WAYDE BARSHINGER, Defendant In the Court of Common Pleas of CUMBERLAND County, PENNSYLVANIA Civil Action -Law : NO.O1- l9~ : Protection From Abuse and TEMPORARY PROTECTION FROM ABU5E ORDER Defendant's Name is: ERIC WAYDE BARSHINGER Defendant's Date of Birth is: July 4,1976 Defendant's Social Security Number is: 184-72-9310 Name(s) of All protected persons, including Plaintiff and minor children: 1. MICHELE LOUISE BARSHINGER 2. JOSEPH WAYDE BARSHINGER AND NOW, on 31st Day of August, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalls or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 209 Bridge Street Apt.1 New Cumberland PA, 17070 or any other permanent or temporary residence where Plaintiff or any other person protected under this Order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except for such contact with the minor children as maybe permitted under paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at 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 current residence listed above, and any other place where she may reside during the term of this Order. Plaintiff s current place of employment and any other place where she may be employed during the term of this Order. The child's day care provider/facility, wherever that maybe during the term of this Order. Plaintiff s parents' residence: William and Linda Harvey 303 Lafayette Drive New Cumberland, York County, PA 4. Except for such contact with the minor children as maybe permitted under paragraph 5 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. 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor children: 1. JOSEPH WAYDE BARSHINGER Until the fmal hearing, all contact between Defendant and the children shall be limited to the following: Defendant's contact with the minor child, Joseph Wayde Barshinger, shall be suspended pending further Order after the hearing scheduled in this case. The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriff s Office. 1. any and all firearms and/or weapons, including, but not limited to: a handgun. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 7. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is ordered to refrain from harassing Plaintiff s relatives. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: NEW CUMBERLAND POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH SUSQUEHANNA TOWNSHIP POLICE DEPARTMENT (Dauphin County) FAIRVIEW TOWNSHIP POLICE DEPARTMENT (York County) 9. 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. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MARCH 3, 2003 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§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 1 through 6 of this Order, defendant shall be arrested on the charge of Indirect 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 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY T K~ ~ ~ - tt ~-~ S Judge Date Distribution to: David A. Lopez, Attorney for Plaintiff MidPenn Legal Services ~«,.~ e°~"' ~ 8 Irvine Row, Carlisle, PA 17013 (717)243-9400 or1-800-822-5288 FAXed & mailed to PSP , C.~ ~ ~ _ ~.r~,~i~,~, - J, i ;i._ ~.i i PFAD Number: RW1321255X MICHELE LOUISE BARSHINGER, for herself and on behalf of her minor child: JOSEPH WAYDE BARSHINGER, Plaintiffs v. ERIC WAYDE BARSHINGER, Defendant In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA Civil Action -Law NO.OI- ~/ : Protection From Abuse and PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: MICHELE LOUISE BARSHINGER 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself - and as Parent of minor Plaintiff(s) 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. MICHELE LOUISE BARSHINGER b. JOSEPH WAYDE BARSHINGER 4. Plaintiffs Address is :209 Bridge Street , Apt. l ,New Cumberland, PA 17070 5. Defendant's Name is: ,_,,. . ERIC WAYDE BARSHINGER 6. Defendant is believed to live at the following. address: c/o Etta Barshinger , 30 Bass Lake Road , Etters, PA 17090 7. Defendant's Social Security Number is: 184-72-9310 8. Defendant's Date of Birth is: July 4,1976 9. Defendant's Place of employment is: unemployed 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 12. The defendant has been involved in a criminal court action. 13. The defendant is not currently on probation /parole 14. Plaintiff and Defendant are the parents of the following minor children: a. JOSEPH WAYDE BARSHINGER Age: 3 years old Child's address is: 209 Bridge Street , Apt. l ,New Cumberland, PA 17070 15. 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. JOSEPH WAYDE BARSHINGER For the past 5 years, this child has lived with: Plaintiff at 209 Bridge Street, Apt. 1, New Cumberland, PA, from August 10, 2001, to the present. Plaintiff and Defendant at 209 Bridge Street, Apt. 1, New Cumberland, PA, from the date of the child's birth on July 26,1998, to August 10, 2001. 16. The facts of the most recent incident of abuse are as follows: On about Friday, August 17, 2001 location: 209 Bridge Street, Apt. 1, New Cumberland, PA, Plaintiffs residence. Defendant came to Plaintiffls residence, became angry, threw a toy at the wall, and got a butcher knife from the kitchen. Defendant held the knife point to his stomach and threatened her saying, "If you don't come back to me, I am going to kill myself or I'll take our son so that you never see him again." When the telephone rang, Plaintiff answered, and told her mother who was calling, to call 911 for help just as Defendant jerked the telephone cord out of the wall jack. Defendant put the knife down, and picked up the parties' 3-year-old child, Joseph. As Defendant attempted to leave with the child, Plaintiffs neighbors came down to Plaintiff s apartment. Defendant put the child down, and fearing for the child's safety, Plaintiff sent Joseph upstairs with the neighbors. Defendant picked up the knife and made cutting motions on his wrists with the knife. After Plaintiffs mother arrived, Defendant calmed down, and left Plaintiffs residence before the New Cumberland Police arrived. 17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: On or about August 13, 2001, at approximately 4:00 a.m., while Plaintiff was asleep, Defendant gained access to her apartment by removing a window fan and crawling in the window. Awakened by noises, Plaintiff got up and saw Defendant standing in her living room with a bouquet of roses. Defendant told Plaintiff that he wanted to surpa~ise her with the roses. When Plaintiff told Defendant to leave, and that she was not going to reconcile with him, he threatened to kill himself. After Plaintiff repeatedly told Defendant to leave over the course of about an hour, he finally did. On or about August 11, 2001, Defendant argued with Plaintiff, and when she tried to leave, he grabbed her by the waist, shoved her down onto the couch, grabbed her hands, pinned them against her sides, and wrapped his legs around her restraining her. After Defendant let Plaintiff get up, he followed her when she took them son, Joseph, out to the car, forced his way into the car when she tried to lock the doors, sat on Plaintiffs lap immobilizing her, then shoved her into the passenger seat, and started the car. Defendant drove fast and recklessly with Plaintiff and the child in the car. Defendant careened around corners, and as he drove toward a road barrier, he threatened Plaintiff saying, "Why don't I just kill both of us now," causing her to fear for her life and the life of her child. When Plaintiff pleaded for Defendant to slow down and to take her home, he drove faster and called her a "fucking bitch." From approximately July 2000, until August 10, 2001, Defendant often slapped Joseph's face and spanked him with such force on occasion that he bruised the baby's buttocks through his diaper. The child has been diagnosed with a developmental speech delay and displays such fear of Defendant that he often cries silently to avoid angering Defendant. In or about late winter 1999, Defendant threatened Plaintiff saying, "Why don't I just kill you", and grabbed her by the neck with both his hands and choked her until she could not breathe. Plaintiff sustained red marks and soreness about her neck, and difficulty swallowing as a result of this incident. In or about winter 1999, Defendant advanced toward Plaintiff in an aggressive manner which caused her to fear for her safety, slapped her on the face, grabbed her arm and twisted it behind her back causing her to fall to the floor. In or about early winter 1999, Defendant became angry because the parties' child, Joseph, then six months old, had been crying. Defendant put a strip of duct tape over the baby's mouth to make him stop crying, and when Plaintiff tried to get to the baby to remove the tape, Defendant shoved her against the wall causing her to fall to the floor. Defendant kept Plaintiff out of the baby's room by blocking the doorway with his body, then he went in the room, shut the door and held it shut despite Plaintiff s cries and pleas for him to let her in to take the tape off the baby's mouth. Several minutes later Defendant opened the door and walked out of the room leaving the baby in the crib with the duct tape over his mouth. Plaintiff removed the tape from the baby's mouth which had traumatized the baby. In or about late fall 1998, Defendant shoved Plaintiff against the wall causing her to fall to the floor. 18. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor children: a. any and all firearms and/or weapons, including, but not limited to: a handgun. 19. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: NEW CUMBERLAND POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH SUSQUEHANNA TOWNSffiP POLICE DEPARTMENT (Dauphin County) FAIRVIEW TOWNSHIP POLICE DEPARTMENT (York County) 20. There is an immediate and present danger of further abuse from the Defendant. 21. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 209 Bridge Street Apt. l New Cumberland PA, 17070 Owned By: William and Linda Harvey, Plaintiffls parents Rented By:Michele Louise Barshinger, Plaintiff 22. The Defendant owes a duty of support to Plaintiff and/or minor children. 23. 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 children in any place where Plaintiff maybe found. b. Evict/exclude Defendant from Plaintiff s residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: Defendant's contact with the minor child, Joseph Wayde Barshinger, shall be suspended pending further Order after the hearing scheduled in this case. d. Prohibit Defendant from having any contact with Plaintiff and/or minor children, 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 children. e. Prohibit Defendant from having any contact with Plaintiffs 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 children. f. 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. g. Order Defendant to pay temporary support to Plaintiff and/or the minor children, including medical support . h. Order Defendant to pay the costs of this action, including filing and service fees. :,., .~ i. Order the following additional relief, not listed above: Order Defendant to refrain from harassing PlaintifFs relatives. Enjoin Defendant from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost of litigating this case. j. Grant such other relief as the court deems appropriate. k. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: ~/~~~Ol ~+ David opez Philip C. Briganti Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subj ect to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: ~i ~ a-~j - d ~ L~2i~~ ~1~~ Zii /~"~ Michele Louise Barshinger, Plainti ^' 1 /~ l ~~ ~ ~ e ~. ~.. 1 f' J r .. .1 t D8/31/01 FRI 1$,:19 FA.Y 717 240 6573 CUMB CO PROTHONOTARY @100: ., ~ - ' s~*~sm~aa~~srags*~s*~:s**a***~~ g~~ ffiULTI TN REPORT a:~* s~~ss~xs~~a~x:e*~~*~~**~s~*~xx* T%/R% NO 2784 INCOffiPLETE T%/R% TRANSACTION OK [ O1]9p2490779 PSP [ 0319p2405331 CP [ 04192438026 LS ERROR OFFICE OF THE PRC7CHONOTARY CUMBERLAND CC[IN'I"Y COURTHWSE ONE COCIRTHWSE SQCIARE CARLISLE, PA. 17D13-3387 (7171 zao-6195 FAX (717) 24D-6573 V I A T E L E C O P I E R TO; PA STATE POLICE - lCa/~dP~I) f ~CO!!'JtS. ~ M•~ ~+•'!' .z FAX q: 717-249-0779 FROM: CURTIS R. LONG RE; PFA ORDERS MESSAGE: _~ NO. OF PAGES (INt.': UDING CDVER SI1EE'I•) This is intatC~d rnly fia [i,e tst'. a~ tl'e indivi~al rr H1t7.Ly to Mhid~ is is ice. a~ ~Y pg7l~jn infi^ym7tim [}~~ ig ~-jyi]~. CCClE.7[~'J1C78I H73 0~f~,~ fr.Oll dicrlrra~ ]r'~d. I( ' C['~ L~'Yd'C 0~ ttL1.S .' 1S (IDt LLE 1!7}£3t~] L6C,!]17H1t, yW ~@ IY.1tlf,]!~ ~t i~1y (1L'~IR7I1~t]Q~, distaCiturirn ~ aap,~ing ~ ti~is mnn~r,.ira~-icn is strictly ~crhibi69el. IE }au Fence reoei~ ~ '---__ _..:.-... :,, .....r ..~a,-m „rt;£v ~q immriiaiply by FP]ah:[Y? c'1Zl [ehIIn Ck' ~l~lt~l1 fi ~ ~ a• '-aa{ ~ ~~ MICHELE LOUISE BARSHINGER, for herself and on behalf of her minor child: JOSEPH WAYDE BARSHINGER, Plaintiffs v. ERIC WAYDE BARSHINGER, Defendant In the Court of Common Pleas of CUMBERLAND County, PENNSYLVANIA Civil Action -Law NO. 01-5197 Protection From Abuse and Custody FINAL ORDER OF COURT Defendant's Narne is: ERIC WAYDE BARSHINGER Defendant's Date of Birth is: July 4,1976 Defendant's Social Security Number is: 184-72-9310 Name(s) of All protected persons, including Plaintiff and minor children: 1. MICHELE LOUISE BARSHINGER 2. JOSEPH WAYDE BARSHINGER AND NOW, this 7th Day of September, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Plaintiff, Michele Louise Barshinger, is represented by Joan Carey and David A. Lopez of MidPenn Legal Services; Defendant, Eric Wayde Barshinger, is represented by Peter W. Kociolek, Jr. of Charles O. Barto, Jr. & Associates. Defendant, although agreeing to the teens of this Order, does not admit the allegations made in the Petition. Plaintiff s request for a final protection order is granted. ~tht ~ ~~lr°u~y~~~~,'r'~,~ ~35~~ ~;~ 4.-~~;;;~; .t~mL~::; _ _,, 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 209 Bridge Street Apt. 1 New Cumberland PA, 17070 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff,. or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff s school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff s current residence listed above, and any other place where she may reside during the term of this Order. Plaintiffs Current place of employment and any other place where she maybe employed during the term of this Order. The child's day care provider/facility, wherever that maybe during the term of this Order. Plaintiffs parents' residence: William and Linda Harvey 303 Lafayette Drive New Cumberland, York County, PA 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: 1. JOSEPH WAYDE BARSHINGER shall be as follows: . Primary physical custody of the minor children is awarded to the Plaintiff. endant shall have supervised visitation with the ies' minor ' d through The Visitation Center nt service of the YWCA o eater Harrisburg, ren's Resource Center, and Childre lay .Defendant may obtain {,~ ~ detailed information a rogram and schedule L appointments ntacting the i ' on Supervisors at 1- 800- 1. Defendant must contact th ove-listed ~~ . ~ncy to initiate the visitation pxocess. ~~ ,~~`~ ~,y~asc~ . Vi sifa f~oy+ 'err ,, -e~~ UU /v~ V~ /~'/~° ~ ~ a ,~e~.~c~ ~f~U~ df ~~~~ as ~+ ~ y 6. Defendant shalltinmediat~i turn ove o the Sheri Office, to a loc 1 la ' 7~2~- e"°~ enforcement agency for delivery to the Sheriffs Office, any firearms license the ~~'`~ /~*-P-~ Defendant may possess, and the following weapons used or threatened to be used /u~u,~~~~C, ~D by Defendant in an act of abuse against Plaintiff andor the minor children. ~~ Ue"O{OG~~ Co ~o any and all firearms and/or weapons, including, but not limited to: a handgun. 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. Any weapons and/or firearms license delivered to the sheriff pursuant to this order or the Temporary Order shall not be returned until further order of the court. Defendant may, upon the expiration of this Order, request that the sheriff retum any firearms and/or weapons held pursuant to this Order. The sheriff shall determine if Defendant is otherwise legally enfitled to possess the firearms and/or weapons. If the Protection From Abuse Order has expired and Defendant is legally entitled to possess firearms and/or weapons, the sheriff shall present an Order to the Court authorizing that the firearms and/or weapons be returned to Defendant. Otherwise, the sheriff shall notify Defendant that he/she must file a petition with the Court seeking a return of the firearms and/or weapons, in which case the Court, upon petition, will schedule a hearing with notice to Plaintiff. /~ e~( .~,n, 8. The following additional relief is granted as authorized by §6108 of the Act: Defendant shall not have any contact with Plaintiff s relatives. Defendant shall not harass Plaintiffs relatives. Defendant shall not damage or destroy any property jointly owned by the parties or owned solely b~~Plai~ntiff. _ r~~ ~,~,,~' y-~~*~ ~M/n f`Vh~~a"Jb.~G~~ a.-c~ ~.~`s`-"R.+.d~°T,ra~iAt ~~aK~ ~~ ty , The court costs and fees are waived. ~~ ~ ~e ah,{'r~v 7`~ L~ a-n-~f. a- e~-xo~~-fie- ~-,/ate/-~ -Pa.~~ .~-~ ~jj ~r~a-~`.i~~C.~`~~ ~,- f'~.~,".:~ ~o..av~R-2d~ . ~~a~~e~~yd1~P~ ~' 9. BRADX INDICATOR ~ ~~~~ ~ ~~ e~( -~°~ ~-~ ~~/~~'Y'o' . The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. • Tlus der is ing entered'a r a hearing o which the Defend received ~ }3 actual not e and h an oppo to be heard. ~~_ .Defendant resents a credible thre to the physical safety of the aintiff or y,/ /~ other protected per s). . The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. 10. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: NEW CUMBERLAND POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH SUSQUEHANNA TOWNSHIP POLICE DEPARTMENT (Dauphin County) FAIRVIEW TOWNSHIP POLICE DEPARTMENT (York County) 11. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 2. AN Y PRIOR ORDER RELATING TO CHILD CUSTODY 12. All provisions of this order shall expire on: March 7, 2003 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 SDI MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL.PENALTIES 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. §2265. 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 §§2261- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant maybe located, shall enforce this order. An arrest for violation of Paragraphs 1 through 7 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriffs Department 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. i. By the Court, ~' /7 Hess, Judge If entered pursuant to the consent of Plaintiff and ~f/ CS~d,~.,,-. E ' n `Va~~deJABars i ger, Defendant ~ vvv Peter W. Kociole(taJr., Attorney for Defendant Charles O. Barto, Jr. & Associates 608 North 3`a Street, Harrisburg, PA 17101 Distribution to: Joan Carey, Attorney for Plaintiff c~-~ ~' ~ Mp ~ 5 Peter W. Kociole~(Jr., Attorney for Defendant ~ 2~.~ G¢~,,~..~ FAXed and mailed to PSP- C~ .P. ~ M Pis </..~vo x. MidYenn Legaz ~ervLCes 8 Irvine Row, Carlisle, PA 17013 r .~ i t 09/07/01 FRI 15:34 FAX 717 240 6573 CUffi$ CO~P,ROTHONOTARY ~~ ool ~*~ ffiULTI TN REPORT ~~* TX/RX NO 2792 INCOffiPLETE TX/R% TRANSACTION OR [ O119p2490779 PSP [ 03]9p2405331 CP [ 04]92438026 LS ERROR r UFFIC6 OF 'I HE PRCr['H(7NC7fARY CUhIDER[N1D pUUNCY O~URTNGUSE ONE CX7URTHOUSE SQUARE CARLISLE, PA. 17013-3387 (7171 240-6195 FAx (717) 240-6573 V I A T E L E C P P I E R TU; PA STATE POLICE - 4 GAIT. P`ROE;S $.S. - ~• ~ fi'r' F,r~ g; 717-249-0779 • FRCM: CUR'1'I5 R. LONG RE: PFA ORQERS MESSAGE; ~~~ ~ ND. OF PAG;;S (INvLUpING COVER SFiEEC) Ttris n is intiax~ mly fi[~ are ise of Nie irclividual rz articy w whid- is is armed, aria rrey crnt-ain ;r,rr~-;,~,. that is 1x-ivil,F~d, crnfiaa~tial atl aa3+t~t r7um a;a~,rpm> ,x,~rr ~lit~ts ]aa. rr a~ ie~r aE ttus m is rot d~ inter cacip;a,r, ~ ~e ~ rotifiea amt ary ~nir~tia'~. r1~cr,;F»t;rn cc Ogying aE this mmutira`-;rn ]S strictly p~chit)itieci.- IE yvu t~,e ceo2i~ Uus • -- -- ---.... ..1..-........d.: i{, .~ ;mr~iin}nl.. Ytl M1RTi~t'rW rYY1 iP.ll ¢7'1 tt~ ~1NI~lI I1 ~ ~ a: ~ .. _ _. ._ SHERIFF'S RETURN - OUT OF COUNTY -~ r - CASE NO: 2001-05197 P COMMO$TWEALTH OF PENNSYLVANIA: COUNT' OF CUMBERLAND BARSHINGER MICHELE LOUISE ETAL VS BARSHINGER ERIC WAYDE R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to -law, says, that he made a diligent search and and inquiry for the within named DEFENDANT BARSHINGER ERIC WAYDE but was unable to locate Him yovti deputized the sheriff of DAUPHIN to wit: in his bailiwick. He therefore serve the within PROTECTION FROM ABUSE County, Pennsylvania, to On September 12th 2001 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 nn J / V V 09/12/2001 So answer~~~> _ ~_ R. T "mas Kline ~j///~ Sheriff of Cumberland County Sworn and subscribed to before me this ~3 ~ day of ~,,,~.,~ ~~ A.D/~ Ctn. ~?2., /.Cr,.~ r Prothonotary __ __ ~~`~~ OFFICE OF THE SHERIFF ~r~ 28 EAST MARKET ST., YORK PA 17401 SERVICE CALL (717)771-9601 SHERIFF SERVICE I INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFFfS/ 2. COURT NUMBER 3, S>~ E AT 6. Etta ~~ ing & Order ) ATTACHED, OR SOLD. 7. INDICATESERVIC_E: $}~! PERSONAL O PERSON IN CHAR_G__E XXI DEPUTIZE _ ~O~RT. MAID O 7ST CL4SS MAIL ^ POSTED O OTHER NOW At gust 33 __ __. Zp= l,_SHERIFF OF'f~ll~~FFC110UNTY, PA do hereby deputize the sheriff of York _. COUNTY to execu make returnf according to law. This deputization being made at the request and risk of the plaintiff. ~~~~~ .,~~,..,• Q -- ~-~ - ~ ...., ,_ _ SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ~ Cimiberland After confiscating weapons please contact Sgt Horn at 717-243-6393 ° ,-, OUT OF COUNTY r _ _ CUMBERLAND_ = „~ - - ~ ~ NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Arty tlepury sheriff levying upon or attaching any property under vvN~th~in wr t,L-mayle3ve same without a watchman, in cuslotly of whomever is found in possession, after nolifyin9 person of levy or altaUmen; without liability on [he part of such deputy aTfbe sheyt(toting plaintiff herein for any loss, des VUIXion, or removal of any property before sheriRS sale Hereof. 9. TYPE NAME and ADDRESS Of ATTORNEY /ORIGINATOR and SfGNATURE- t0. TELEPHONE NUMBER .ti. ITATEFILED MICHELE LOUISE BARSHINGER I ~ 8=31-01 12. SEND NOTIGE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed 'rf notice is to be mailed). O _~ CUMBERLAND CO. SHERIFF ~ 73. lacknowledge receipt of the wr8 74. DATE RECEIVED 7 'ng Date mcomplaint as intlipted above. ~ R AHRFNGi 9-4-D1 ~'~-Ol_2: QDPM 76. HOW SERVED: PERSONAL ) RESIDENCE ( .POSTED ( ) _ -_ POE ( ) SHERIFF'S OFFICE ( ) .- OTHER ( ) SEE REMARKS BELOW 77. ^ I hereby certify and return a NOT FOUND because 1 am unable to bcate the individual, com~anq, etc, namep above_Lee remarks below. - - __ - .v... .~.~ _ _ 78. NAME AND TITLE OF INDIVIDUAL SERVED /LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship td Defendant) - 79. to Service 20. Time of Service I 1~ ~ ~ G~ ~ _ ~ Ol l~S ~ i SF~lac. 27. ATTEMPTS a Tme Miles Int Da ime Miles t. Date Time Miles Int Date Time Miles Int. Date 7i Iles Int. Date Time Miles Int. `I ~ its 36 ~~a,`~ ~'~q.a~v~G~f"~Q \ c~~4.~S~1C.cs.-~`` ~.~tT' oSs-cam. ~ ~' ,~ ®~ 23. Advance Costs 24. Service Costs 25. N7F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 37. Surchg. 32. Tot. Casts 33. Coots Due ar Refund Check No. or 41. AFFIRMED antl subscdbetl to before 4z. day of SPETEMBER. 20 of 48. Sheriff ~-r -v. 49. DATE 7.WHITE-Issuing AUNariry ~2. PINK-Attamey 3. CANARY-Sheriffs Office 4. BLUE-Sheriffs Offce ". ~ v-. g - COUNTY OF-YORK ~• ~` ~~ " ,. ~ OFFI . _ _ ~: _ ~~a "' CE OF ~'HE SHERIFF SERVICE CALL - ~`' 4' f ~ _ _ _. (717),777-9601 _ ,28,1=AST.MARKEY 51`.; 1'C'Si2K. PA t74Dt _ - p ~- > - ~ -a ~~ _ ' SHERIFF SERVICE' INSTRUCTIONS ~F20CESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 t - 1 ''~_ ," *_~' DO NOT DETACH ANY COPS (~~T ry~p~g __ _ f 1. PLAIMIFFI~ ~, ,. - - _ _ - - _ r_ l ... - _ 2. CO Ul"717~ C1V 11` {" ~ ~'tIiI1 r ~ - ` 3. DEFENDAN !Sf -. - 4. TYPE OF WRIT OR COMPWNT ' Fglc Wa r3e 73arshin er ~. ° Notice of Hearing & Order •_ ~ ~. ~~ _.-. ~ _.._PFA and Petition SERVE - 5. NAME OF 1NONIDUAL. COMPANY, CORP0~4TION, ET TO SERVE OR DESCRIPTION OF PROPERTY TO LEVIED, ATTACHED, OR SOLD, ' ~ Eric Ivayde a,eT'sh-=r,ne~~{±,~~ _c/o Etta Baishin~r -- - - _-~ e. ADDRESS SSTREET OR RFO WITH BOX NU BE, CITY. BORO, TWP„,srAT ND ZIP _ODE) . AT _•\ 30 i~as8 Lake tad. Ett?ss. P& I7©90 S,.-ICl~g3~-~~199 - T. INDICATE SERVICE; ERSONAL 1'J PERSON IiJ CHQ.RGE,r OF,PUTIZE ~ f'tl~r~~rri ~iSTC11155 MA14 ^ POSTED ^ OTHER - ~~>~ ~. NOW v _ ,:1,, SHERIFF OF'f~ISECOUNTY, PA, da hereby deputize the sheriff of York AUNTY to execti ~ ~ make retu f according to law. Thl~-deputlzation being made at the request and risk of the plaintiff. _ - _ . ~; a, _ _ - - ... SHERIFF- _ _ _ __ 8. $PECLAL IN _ RUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN_, PEDITINO SERVICE: ~ - ~~i-1 anA ~ " Aftez'.~xmfisdatulg w-eapons please ccmtc-u.'t ;'~E tf~Yti" at ?17-243-fi393 » ;~; ! mz. - -DUT OF QIUNTY ~ ,, CUMBEItL~NU NOTE: ONLY APPLICABLE ON W RIY OF F~CECUTON: N.B. llllAlyER OF WATCHMAN -Any deputy sheriR levying upon or attachirp any property under wi6wi wart may leave same ~ _ _ wlhoiA a watc~maii, in custody of whomerer is found in possession, after notifying person of levy or attaUmenL without liability on the part of srxtr deputy or Rie-sheriR to any plaintiff here[n for any qss, destNCtion, or rerhoval of any property before sheriffs sale Mereot. - ; _ _ ._..____._-_ _ _ ___ _~__ _. _._.~._- . _.v... _..._ - _._.... __ .~ - 9.. TYPE NAME~nd ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE - 10. TELEPHONE NUMBER 1 t. DATE FLLED __ MICHELE"LQUISE BARSHINGER 8-31-41 f2. SEND NOZI~E OF SERVICE COPY TO NAME AND ADDRESS 9ELOW. ((his area must be completed R notroe is to be mailed). _ _ CUMBEI#LANp C.O. SHERIFF _ - ~ , ri "-. ~. - <« m __ (J "_ OF .. _S __ " _ _ _. f3, t acknowie~ye rrlcelPt bf the wrd - -- - - -- - - -- - - ~ ~ ~ : • 14. t& Expiragon/Hearing Date oi'wtnPlam~'"as indcated above, - - ~ - ;'4- ~-1J1 9-~-~1 ~'~OP~'~l 76. HOW SEFtLlED: ~ PERSONAL ( RESIDENCE ( POSTED ( J POE ( ) SHERIFFS OFFICE ( ) ~ -~ 0T7iER ( ) SEE REMARKS BELOW 77. n 1 ilere~cerdy and Ietutn a NOT FOUyD }ieceuse ~am_ unable t"rotate the mdivLtlual, fompa ,etc.-hammed above." {Sfle remades below.) T ~ - Y 76. NAME RN[},TITLE OFINDIVIDUAL SERVED/LIST ADDRESS HE~ tF OTSFT OVE (:elationsliip to Defentlahtj -~--- 19. to Service 217. Tlme otService X. - - , . q at 'q ~ 1 SNk,,, 27. ATTEMPTS-~ Miles In (1at~ ~i~ne Miles R[._ Date Time. Miles Int. Date Tme Miles Inl Date TI es Int. Date Tine Miles Int. +I> 3h .~=~-~7 ~•~S' ,~w..~cr+~, vrur' ~1~ .h ..tee ___.°.,r.~yr Y ~,o.>s- ' s-: -~ °c~. ` ~~w.~_~ d4.a,.~ -no'el` S~f~-_ ~,o.a m~a-- - 23. Nuance Cats 24. Service Costs 25. N/F 26. Mieage 27. Postage 28. Sub Total 29. Pound 39. Notary 31. Surchg. 32. Td. COSIS 33. Costs Due or RefmM Check No.. _ IFP "`~` •r 9t. Foreign County Coate 35. Advance Costs 36. Service Costs 37. Notary Cert. 36. Mileage/P Not Found _ 39. Total Costs 40. Costs Due or Refund _ 47. AFFIRM~F an~ sutiscribe~ to before me this 44, Si a of - 4z.dayor ~SPF.TFF•4BER Q DID- DeP.Sheri - ~ OI - tv, '~ e x. P !NOTARY- ., - -- - -` '°` r 5 ,kr 48. Signature or ~ / J 47. O E e ('~,_ c . 1_ County ShgrlR~ _ FOR BILLIAM M HOSE - "~~' , - _ '~_~ g_,_n, _ 48. Signature of Foreign '„ 49. DATE County SheriR _ _ _ _ _ _ _ 5D;[- - O _ - GE RE~~IPY~OF T(iln"SHERIFF' TUR SIGNATURE. _ _ _ _ _ _ _ _ _ _ __ _ 57. DATE RECEIVED OF 11TH Df5$~fgG Al1THORiTY AND TI LE _ i. WHITE Isauulg Authority 2. PINK -Attorney 3. CANARY - SheriMs Office 4. BLUE -Sheriffs OffiGg_ - MICHELE LOUISE BARSHINGER, FOR IN THE COURT OF COMMON PLEAS OF HERSELF & ON BEHALF OF HER MINOR CUMBERLAND COUNTY, PENNSYLVANIA CHILD: JOSEPH WAYDE BARSHINGER PLAINTIFF 01-5197 CIVIL ACTION LAW V. ERIC WAYDE BARSHINGER DEFENDANT ~ IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 13, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 09, 2001 at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: ls/ Dawn S. Sunday Esc~~ Custody Conciliator The Cow•t of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~G ~ ~ ~~ ~~ io~~,~ b,~dn~,~sr~~v=~ ,.. ..~~,L._.. ~L'- I_J r... _ - ~WS'.mev~.~-.vu~r.. ~;A - ~ _ Az.. ~zn m, rerz.~~..~unw+~~ r ,.. , .m~5 MICHELE LOUISE BARSHINGER, FOR HERSELF & ON BEHALF OF HER MINOR CHILD: JOSEPH WAYDE BARSHINGER Plaintiff vs. ERIC WAYDE BARSHINGER Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY * PENNSYLVANIA * * No. 01-5197 * * CIVIL ACTION -LAW * IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Heather L. Harbaugh, Esquire, on behalf of Plaintiff: Dated: d (o ~ Heather L. Harbaugh, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #83997 ATTORNEY FOR DEFENDANT 'N c; en~ r; ~ ~= -- ,: ~' „~ -~, ~ - n; ~ -~ ' %_ ~ r~ ` -.., , ~ nw T __`_ .._ -= r_= .. _ (T} ' MICHELE LOUISE BARSHINGER, FOR HERSELF AND ON BEHALF OF HER MINOR CHILD: JOSEPH WAYDE BARSHINGER, Plaintiff vs. ERIC WAYDE BARSHINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ol - St°1~ X54- CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ '' day of I~ave.,.Q.a/ 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Michelle Louise Barshinger, and the Father, Eric Wayde Barshinger, shall have shared legal custody of Joseph Wayde Barshinger, born July 26, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have supervised periods of custody with the Child each week, alternating between Saturday and Sunday from 2:00 p.m. until 5:00 p.m. beginning Saturday, November 3, 2001. In 2001, the Father shall have a period of custody with the Child on Thanksgiving Day from 12:00 noon through 3:00 p.m. and for a period of three hours on Christmas Day, with the times to be arranged by agreement. During the Father's periods of custody, either one of the Father's sisters, Nanette or Marietta, or the Father's brother, Chris, shall be present. The parties shall be flexible in changing the days or times for the Father's periods of custody to accommodate the availability of the Father's sisters or brother. 4. The Father shall obtain anassessment/evaluation (3 individual appointments and 2 orientation sessions) by the Advance Program. The Father shall ensure that written assessment/evaluation results and recommendations are provided by the Advance Program to the Father's counsel, who shall then provide a copy to the Mother's counsel. The Father shall follow the recommendations issued by the Advance Program as a result of the assessment. ~Jil'\!Gfti~ji\'rJ~ ~ ~. ...... .i ._ i 939f'i*H ~ :wn-siesur~'vre 3-Y ip'xmiM,i3mu~RR1l~Yi~!(`+i+"@fh?~A'~!Tm~.A4;? 5. Unless otherwise agreed between the parties, the Mother shall provide all transportation for exchanges of custody. 6. The Father may contact the Mother by telephone for the sole purpose of discussing arrangements for custody. 7. Counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if it later becomes necessary, to establish arrangements for custody during the Summer 2002 and to make any necessary adjustments to the custody schedule. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Kevin t~!Hess, cc: Heather L. Harbaugh, Esquire -Counsel for Mother S Marlin R. McCaleb, Esquire -Counsel for Father ~~d\ ~/ J. MICHELE LOUISE BARSHINGER, FOR HERSELF AND ON BEHALF OF HER MINOR CHILD: JOSEPH WAYDE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARSHINGER, Plaintiff vs. ERIC WAYDE BARSHINGER, Defendant O1-4854 CIVIL ACTION LAW IN CUSTODY PRIOR JCIDGE: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joseph Wayde Barshinger July 26, 1998 Mother 2. A Conciliation Conference was held on October 25, 2001, with the following individuals in attendance: The Mother, Michelle Louise Bazshinger, with her counsel, Heather L. Hazbaugh, Esquire, and the Father, Eric Wayde Barshinger, with his counsel, Marlin R. McCaleb, Esquire. 3. The parties agreed to entry of an Order in the form as attached. (`~ Cho ~iyl ,30 ~ ~p / Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE LOUISE BARSHINGER, FOR :Case No. 01-5197 HERSELF & ON BEHALF OF HER MINOR CHILD: JOSEPH WAYDE BARSHINGER :Civil Action Law PLAINTIFF . V, :Action in CUSTODY ER[C WAYDE BARSHINGER DEFENDANT PRAECIPE TO WITHDRAW To the Prothonotary: Kindly withdraw my appearance for Defendant in the above captioned case. W C~~~ Peter W. Kociolek, Jr, Attorney for Defendant Supreme Court No.# 67597 Charles O. Barto, Jr. & Associates 608 N. 3rd Street, Harrisburg, PA 17101 ~ C> "_ - C. ._- , i ' . ~ ~ r ~ Z ~ " . ...- _5 _,-, a`f~. ~ .r --. G~ U = z~; -~ _ c ~. r.~ -< ~t .5 1~ i MICHELE LOUISE BARSHINGER, FOR HERSELF & ON BEHALF OF HER MINOR CHILD: JOSEPH WAYDE BARSHINGER, PlaintiffJRespondent vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5197 CIVIL ACTION LAW ERIC WAXDE BARSHINGER, Defendant/Petitioner IN CUSTODX PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow ERIC WAYDE BARSHINGER, Defendant/Petitioner, to proceed in forma pauperis. I, Marlin R. McCaleb, Attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Date: Neven,~r /~ 2001. ~~.~~G~~~~~~y~~ Marlin R. McCaleb Attorney for Defendant/Petitioner ~Aw nFFic Es MARLIN R. McCALEB MICHELE LOUISE BARSHINGER, IN THE COURT OF COMMON PLEAS OF FOR HERSELF & ON BEHALF OF CUMBERLAND COUNTY, PENNSYLVANIA HER MINOR CHILD: JOSEPH WAYDE BARSHINGER, Plaintiff vs. NO. 01-5197 CIVIL ACTION LAW ERIC WAYDE BARSHINGER, Defendant IN CUSTODY AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Defendant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability Co pay the fees and costs is true and correct. (a) Name: Address: Social Security Number: f$~F~Zd-q3(0 (b) If you are presently employed, state: N D Employer: -VD dd 2 Address: ND N ~ Salary or wages : ND 1~ ~` Type of work: ~~~~ ~Aw~~F~~ES If you are presently unemployed, state: !~~ M ARVIN R. McCALEB Date of last employment: ~/~dl~~ Salary or wages per month: N ~ N ~ (c) Other income within the past twelve months: Business or profession: '~ ~ b~ Other self-employment: N D N~ Interest : ~d ~ ~~ iY ~' Dividends : ~.t(, N ~ Pension and annuities: NbNe Social Security benefits: f~/d ~~ Support payments : ~/~7" ~/ ~ `]-. Disability payments: N~ T ~ e~ Unemployment compensation and supplemental benefits: NDNG Workman's compensation: N ~ ~ ~ Public Assistance: yV D ~e- Other : .~. (d) Other contributions to household support: ~D N ~-- (Wife) (Husband) Name: ~ ~ G!'1 E~e If your (husband) (wife) is employed, state: 3•~`~ 7~ M ~S Employer: -~{ (, (- ~~ 7•' -- Salary or wages per month: I'JD7 ' ~ 2T Type of work: j,ON/~~vd C.el /J• Contributions from children: V~ all2• Other contributions: N Oy.( °~ ( e ) Property owned : ~ (~ N ~ Cash: N U ~ ~ LAW OFFICES MARGIN R. McCALEB Checking account: $ O © ~ ~7 _2_ Savings account: $ N,8 N ~ Certificates of Deposit: N UIV ~ Real estate (including home): ~ ~ ~ ~ Motor vehicle: Make ~b~P, Year - , Cost ~!~ N ~, Amount Owed ATbT~~ Stocks; bonds: Nb~1~ Other: ~ b N ~. (f) Debts and obligations: ~ ~ ' Mortgage : W 8 Rent : ND N 2 7 ~'~' Loans: Nb~~ Other: ~d N~ Payment Arrangements; (g) Persons dependent upon you for support: (Wife) (Husband) Name: Children, if any: ~j Name: ~(~..~~~'_~_~~i~~~i ~N~~ Name: Other persons: Name: Relationship: 4. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. lAW OFFICES MARLIN R. MICA LEB 5. I verify that the statements made in this Affidavit -3- I are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: /0 a d 2001. `~~~, /i~~ Eric Wayde arshinger LnW OFFICES MARLIN R. McCALEB -4- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe to Proceed in Forma Pauperis was served upon the Plaintiff/Respondent herein, or her attorney, on Nve~w~Er /~/ 2001, by depositing same in the mail at the United States Post Office at Mechanicsburg, Pennsylvania, postage prepaid, properly addressed as follows: Heather L. Harbaugh, Esquire 2650 North Third Street Harrisburg, PA 17110 Marlin R. McCaleb Aw ~FF~~ES MARLIN R. M[CALEB C7 Ct r~ ~i :t,' Si .U]GG .P <~ i c C7 ~.e-, , -1 "=~ ~~ n~ "~ r:~ < PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS. MARK A. FORNEY Defendant(s) F&M TRUST Garnishee(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5057 CIVIL ACTION -LAW To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER 1. Directed to the Sheriff of Cumberland County, Pennsylvania 2. against MARK A. FORNEY .Defendant(s) 3. and against F&M TRUST ,Garnishee(s) 4. and index this writ (a) against (b) against Defendant(s) Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (specifically describe property) NO LEVY-GARNISHMENT ONLY Serve interrogatories on garnishee at: 1901 Ritner Highway, Carlisle, Pa 5. Amount Due $4,757.10 Credit $ 156.00 Interest from 5/2/01 $ 178.15 Total $4,779.25* - "` *Plus writ costs .~ Dated: December 18, 2001 ~ Burton Neil, Esquire Attorney for Plaintiff NOTE: Under pazagraph 1 when the writ is directed to sheriff of another county as authorized by Rule 3103(6), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment maybe directed only to the sheriff of [he count in which issued. Paragraph 3 above should be completed only if indexing of the execufion in the county of issuance is desired as authorized by Rule 3104(a). When the writ issued to another county indexing is required as of course in that county. See Rule 3104(6). Pazagraph 4(b) should be completed only if real property in the name of [he garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). The firm of Olin Neil & Haltrecht is attempting to collect a debt. %~ ~ ~ Wis. ~' ~ ~ ~ C ~~ ~ ~ ~ ~ ~ ^ ~ ~/ T ~ : ~J ~ ~ ti `, ~2 c> ~. r~ 3 F;j ~_ :lam `~ ~~ ~~ ~'" rr't: ~~ 3~~; ~ '~7 ~ _r SJ F.RwS~ r~