HomeMy WebLinkAbout01-05329Stephanie Quigley : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
ol- 53 a 9 CIVIL TERM
Michael Paul Irvin,
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 c.o~./ ,ZIIOI,AT
> D ~. 3d /~,, IN COURTROOM NO. .3 O 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 subj ect 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.
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.
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Stephanie Marie Quigley
Plainfiff
IN THE COURT OF COMMON
:PLEAS OF
CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
Michael Paul Irvin
Defendant
CIVIL ACTION -LAW
PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Michael Paul Irvin
Defendant's Date of Birth is: March 2,1978
Defendant's Social Security Number is: 165-62-0987
Name(s) of All protected persons; including Plaintiff and minor children:
AND NOW, on 12th Day of September, 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, stalk or threaten any of the above persons in
any place where they might be found.
2. Except for such contact with the minor children as maybe 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 Plaintiff s school, business, or place of
employment. Defendant is specifically ordered to stay away from the following
locations for the duration of this order.
Plaintiff s residence located a 156 East Penn Street, Carlisle, Pennsylvania.
PlaintifFs place of employment located at the Big K-Mart, Walnut Bottom
~~_
Road, Carlisle, Pennsylvania, between the hours of 7:00 a.m and 4:00 p.m, or
any other hours Plaintiff may be at work.
The minor children's babysitter at the residence of Peggy Lear located on
North College Street, Pennsylvania.
3. Except for such contact with the minor children 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.
4. Pendmg the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor children:
1. Sierra Desiree Irvin
2. Justine Marie Irvin
Until the final hearing, all contact between Defendant and the children shall be
limited to the following:
Plaintiff shall have primary physical custody of the minor children.
Defendant shall have periods of partial custody at times mutually agreed
upon by the parties.
Any contact by the parties, only in reference to custody of the minor
children, shall not be deemed a violation of this Order.
Any phone calls to the Plaintiff in regards to the minor children shall be
made between the hours of 5:00 p.m. and 9 p.m.
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.
5. Defendant shall immediately relinquish any firearms license the Defendant may
possess, acid the following weapons to the Sheriffs Office or a designated local
law enforcement agency for delivery to the Sheriffs Office.
Any and all weapons including but not limited to, a bow
and arrows (one with Plaintiffs name on it).
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 not harass Plaintiffs relatives.
-Defendant shall not damage or destroy 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:
Carlisle Police Department
Pennsylvania State Police of 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 MARCH 12, 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 I through 5 of this
Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An
arrest for violation of this Order maybe 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 weapons are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
Distribution to: n
MidPenn Legal Services - G,~,u,m ~ -"~~~--
Faxed & Mailed to PSP ~,/~ i M Px, S.
Cumberland County Sheriff
PFAD Number: GE1327139Q
Stephanie Marie Quigley
Plaintiff
1N THE COURT OF COMMON
:PLEAS OF
CUMBERLAND COUNTY,
:PENNSYLVANIA
v.
Michael Paul Irvin
Defendant
No.
Di-~~q C'i~r~
CIVIL ACTION -LAW
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Stephanie Marie Quigley
2. I, (the Plaintiff), am filing this Petition on behalf o£
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Stephanie Marie Quigley
4. Plaintiffs Address is :156 East Penn Street, Carlisle, Pa 17013
5. Defendant's Name is:
Michael Paul Irvin
6. Defendant is believed to live at the following address:
44 East Penn Street ,Carlisle, Pa 17013
7. Defendant's Social Security Number is:
165-62-tl987
8. Defendant's Date of Birth is:
March 2,1978
9. Defendant's Place of employment is:
unknown
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Parents of the same children
Current or former sexuaUintimate partner
12. The defendant has been involved in a criminal court action.
13. Plaintiff and Defendant are the parents of the following minor children:
a. Sierra Desiree Irvin
Age:4
Child's address is: 156 East Penn Street ,Carlisle, PA 17013
b. Justine Marie Irvin
Age:2
Child's address is: 156 East Penn Street ,Carlisle, PA 17013
14. 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. Sierra Desiree Irvin
For the past 5 years, this child has lived with:
Birth until Apri12001,156 East Penn Street, Carlisle, Pennsylvania,
with Plaintiff and Defendant.
Apri12001 until present, 156 East Penn Street, Carlisle, Pennsylvania,
with Plaintiff.
b. Justine Marie Irvin
For the past 5 years, this child has lived with:
Birth until April 2001,156 East Penn Street, Carlisle, Pennsylvania,
with Plaintiff and Defendant.
Apri12001 until present,156 East Penn Street, Carlisle, Pennsylvania,
with Plaintiff.
15. The facts of the most recent incident of abuse are as follows:
On or about August 30, 2001, Defendant called Plaintiff and threatened that he would
make sure she was not going to be with anyone else causing her to fear for her safety.
Later that day, Plaintiff recieved a phone call from neighbors stating her car window was
broken and that there was other damage done to her vehicle with a cement block. The
police are currently investigating this incident.
16. 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:
In or about April 2001, Defendant grabbed Plaintiff by the throat and pushed her against
the door. Defendant threatened that if he could not have Plaintiff, no one else would.
Defendant slapped Plaintiff across the face and left the residence.
17. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or
the minor children:
a. Any and all weapons including, but not limited to, a bow and arrows
(one with Plaintiff s name on the arrow).
18. The police department(s) or law enforcement agencies that should be provided with a copy of
the protection order are:
Carlisle Police Department
Pennsylvania State Police Department
19. There is an immediate and present danger of further abuse from the Defendant.
20. 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 may be found.
b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant
from attempting to enter any temporary or permanent residence of the
Plaintiff.
c. Award Plaintiff temporary custody of the minor children and place the
following restrictions on contact between Defendant and children:
Plaintiff shall have primary physical custody of the minor children.
Defendant shall have periods of partial custody at times mutually
agreed upon by the parties.
Any contact by the parties, only in reference to the minor children,
shall not be deemed a violation of this Order.
Any phone calls to the Plaintiff in regards to the minor children shall be
made between the hours of 5:00 p.m. and 9:00 p.m.
d. Prohibit Defendant from having any contact with Plaintiffand/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. 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 temporary support to Plaintiff and/or the minor
children, including medical support .
g. Order Defendant to pay the costs of this action, including filing and service
fees.
h. Order the following additional relief, not listed above:
- Plaintiff shall not harass Plaintiffls relatives.
-Plaintiff shall not damage or destroy any property owned by Plaintiff.
-Defendant shall pay $250.00 to one of MidPenn Legal Services funding
sources as reimbursement for litigation in this case.
i. Grant such other relief as the court deems appropriate.
j. 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 ddresses, other
than the Defendant's residence, where Defendant can be~rved.
Respectfully Submitted by:
1'avid A. Lopez, Esq.
Agency: MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400 or
1-800-822-5288
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: ~'IO -V~ 1.
Steph, nie Quigley, Plaintiff
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OFFICE OF THE PROTHCNOTARY
CUMBEftLAt~ OaUM'Y COfJRTHOUSE
OUE COURTHWSE SQUARE
CARC.ISLE, PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
V X A T E L E C O P I E R
TO; PA STATE POLICE - {,.-CKlf. PR~lE s5. ' ~• P ~"~
FAR g: 717-249-0779
FRCM: CURTIS R. LONG
RE: PFA ORDERS
MESSAGE:
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Stephanie Marie Quigley : EV THE COURT OF COMMON
:PLEAS OF
Plaintiff ;CUMBERLAND COUNTY,
:PENNSYLVANIA
v.
No. 01-5329
Michael Paul Irvin
Defendant ° CIVIL ACTION -LAW
PROTECTION FROM ABUSE
CONTINUED TEMPORARY ORDER
AND NOW, this 20th Day of September, 2001, pursuant to 23 Pa.C.S. §6107(c), the terms
and conditions of the Temporary Order issued on 12th Day of September, 2001, in the
above-captioned case are hereby continued in full force and effect until further order of
the court.
Distribution To:
MidPenn Legal Services
Faxed & Mailed to PSP
Cumberland County Sheriff
C q~Z~-01 9
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~'i'~d'~,It ~lSN~4;3d
Stephanie Quigley, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
vs. :CUMBERLAND COUNTY
Ol- 5329 CIVIL TERM
Michael Paul Irvin, .
Defendant :PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
Plaintiff, Stephanie Quigley, by and through her attorney, David Lopez of MidPenn
Legal Services, moves the Court for an Order continuing generally the hearing in the above-
captioned case on the grounds that:
1. A Temporary Protection From Abuse Order was issued by this Court on
September 12, 2001, scheduling a hearing for September 19, 2001.
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 residence located at 44 East Penn Street, Carlisle, Pennsylvania, on September 12, 2001.
3. The parties agree that the hearing be continued generally to afford them time to
execute a consent agreement.
4. Plaintiff requests that the Temporary Protection From Abuse Order\
remain in effect for a period of eighteen months from the date it was entered, through March
12, 2003, or until further Order of Court, whichever comes first.
WHEREFORE, Plaintiff requests that the Court grant this Motion and continue this
matter generally, and that the Temporary Protection From Abuse Order remain in effect for a
period of one year from the date it was entered, through, March 12, 2003, or until further
Order of Court, whichever comes first.
Respe fully submi ed
D 'd Lopez, Attorney fo lai f
MIDPENN LEGAL SER C
8 Irvine Row
Carlisle, PA 17013
(717)243-9400
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-05329 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
QUIGLEY STEPHANIE
VS
IRVIN MICHAEL PAUL
SHAWN HARRISON Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE was served upon
IRVIN MICHAEL PAUL the
DEFENDANT
at 2120:00 HOURS, on the 12th day of September, 2001
at 44 E PENN ST
CARLISLE, PA 17013
MICHAEL IRVIN
by handing to
a true and attested copy of PROTECTION FROM ABUSE
together with
and at the same time directing His attention to the contents thereof.
WEAPO[VS WERE CO[VFISCATED.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.25 ~~„ ~+~
~
~(/~~,~
.00 '
10.00 R. Thomas Kline
nn
J 1 G J
Sworn and Subscribed to before
me this d ~ day of
.~zo~.w.-~.,,~ nn,2po j A. D .
roth ota
09/13/2001
By:
1
Dep heriff
_~.
Stephanie Quigley, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
vs. :CUMBERLAND COUNTY
Michael Paul Irvin,
O1- 5329 CIVIL TERM
Defendant :PROTECTION FROM ABUSE AND CUSTODY
CUSTODY ORDER
AND NOW, thi day of April 2002, upon consideration of the parties' Consent
Agreement, the foiiowing Order is entered with regard to custody of the parties' children: Siena
Desiree Irvin (DOB 2/6/97) and Justine Marie Irvin (DOB 1/10/99).
1. The plaintiff, Stephanie Quigley, hereinafter referred to as the mother, and
the defendant, Michael Irvin, hereinafter referred to as father, shall share legal custody of the
children.
2. The mother shall have primary physical custody of the children.
3. The father shall have periods of partial custody of the children according to the
following schedule:
a. Every other weekend from Friday until Sunday at times mutually agreed
upon by the mother and father, and
b. At other times mutually agreed upon by the parties. The father shall provide
the mother with atwenty-four (24) hour notice as to when he wishes to exercise
any additional periods of custody.
4. The mother and father shall alternate the following holidays: Easter, Memorial
Day, the Fourth of July, and Labor Day, at times mutually agreed upon by the parties.
5. The mother and father shall share Thanksgiving and Christmas at times mutually
agreed upon by the parties.
6. The father shall have the right to see the children on their birthdays at a time to
._
be mutually agreed upon by the mother and father.
7. Neither party shall expose the children to excessive amounts of alcohol or be
under the influence of alcohol while the children are in their custody.
8. The mother and father, by mutual agreement, may vary from this schedule at any
time.
9. The mother and father will notify each other of all medical care the children
receives while in that parent's care. Each parent will notify the other immediately of medical
emergencies which arise while the children are in that parent's care.
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.
This Order shall remain in effect beyond the expiration of the Protection From Abuse
Order entered on September 18, 2001, or until further Order of Court.
If entered pursuant to the consent of Plaintiff and Defendant:
~~ eph Quigley,P1 'ntiff Michael Paul Irvin, Defendant
Pro se
David Lopez
Distribution to:
-MidPenn Legal Services
-Faxed and Mailed to PSP
-Michael Paul Irvin, Pro Se Defendant
Attorney for Plaintiff
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
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Stephanie Marie Quigley : IN THE COURT OF COMMON
PLEAS OF
Plaintiff :CUMBERLAND COUNTY,
:PENNSYLVANIA
v.
No. 01-5329
Michael Paul Irvin ,
CIVIL ACTION -LAW
Defendant ~ PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: Michael Paul Irvin
Defendant's Date of Birth is: March 2,1978
Defendant's Social Security Number is: 165-62-0987
Name(s) of All protected persons, including Plaintiff and minor children:
1. Stephanie Marie Quigley
AND NOW, r~~ ~r theflco0>~ing jurisdiction over the parties
and the subject-m er, it is ORDERED, ADNDGED 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:
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 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 156 East Penn Street, Carlisle,
Pennsylvania.
Plaintiff s place of employmentlocated at the Big K, Walnut Bottom
Road, Carlisle, Pennsylvania between the hours of 7 a.m. and 4 p.m.
Any phone calls made to Plaintiff in reference to the minor children shall
be made between the hours of 5:00 p.m. and 9 p.m.
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. Sierra Desiree Irvin
2. Justine Marie Irvin
shall be as follows:
. See attached Custody Order.
5. The following additional relief is granted as authorized by §6108 of the Act:
- Plaintiff shall not harass Plaintiff s relatives.
-Plaintiff shall not damage or destroy any property owned by Plaintiff.
- The Cumberland County Sheriff shall return any and all weapons
confiscated from Defendant through the Temporary Protection From
Abuse Order to Defendant's brother, Richard Moppin. The defendant,
Michael Irvin, and his brother, Mr. Richard Moppin shall sign
Affidavits (See Attached) attesting to the fact that Defendant's weapons
__ _ _
~, _.~.
shall be stored at the residence of Mr. Moppin for the duration of this
Order.
-Defendant shall not own, possess, or transfer any weapons for the
duration of this Order.
-Defendant may contact Plaintiff for the purposes of facilitating the
custody exchanges and speaking with the children.
- 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:
Carlisle Police Department
Pennsylvania State Police Department
7. THIS ORDER SUPERSEDES:
1. ANY PRIOR PFA ORDER
2. ANY PRIOR ORDER RELATING TO CHILD
CUSTODY
8. All provisions of this order shall expire on: March 18, 2003
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS
PiJNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE
OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO
SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER
THE PENNSYLVANIA CRIMES CODE.
THIS 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
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 4 of this
order maybe 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 Sheriff 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.
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.
T:
_ _._...
G r er, P sident
Judge
If entered pursuant to the consent of Plaintiff and Defendant:
Michael Paul Irvin, Defendant
Pro se
David Lopez U
Attorney for Plaintif
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
Distribution to; _
-MidPenn Legal Services
-Faxed and Mailed to PSP , C .0 ~
-Michael Panl Irvin, Defendant
inP~s `~'
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Stephanie Quigley, : IN THE COURT OF COMMON PLEAS OF
Plaintiff ,
vs. :CUMBERLAND COUNTY
Ol- 5329 CIVIL TERM
Michael Paul Irvin,
Defendant PROTECTION FROM ABUSE AND CUSTODY
AFFIDAVIT
AND NOW, this ~ day of September 2001, I, Michael Irvin, Defendant in the
above captioned matter, hereby swear that there are no weapons, including a bow and arrows in
my residence located at 44 East Penn Street, Carlisle, Pennsylvania. I shall not possess,
transfer, or aquire any weapons for the duration of the above captioned case which shall expire
March 18, 2003.
I verify that the statements made in the foregoing Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unsworn falsification to authorities.
S' i~-~~
Date
Michael'Irvin, Defendant
Stephanie Quigley, IN THE COURT OF COMMON PLEAS OF
Plaintiff .
vs. :CUMBERLAND COUNTY
Ol- 5329 CIVIL TERM
Michael Paul Irvin, .
Defendant : PROTECTION FROM ABUSE AND CUSTODY
AFFIDAVIT
AND NOW, this ~/r ~ day of September, 2001, I, Richard Moppin, brother of the
defendant, Michael Irvin, in the above captioned matter, hereby swear that I shall store the
defendant's weapons, including a bow and arrows, at my residence located on East Louther
Street, Carlisle, Pennsylvania.
I shall not transfer any weapons to the defendant and the weapons shall remain in my
custody until further Order after the expiration of the Final Protection From Abuse Order.
I verify that the statements made in the foregoing Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unsworn falsification to authorities.
Date
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Richard Moppi
04/30/02 TUE 14:28 FA% 717 240 6573
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OFFICE Ol~ THE PR(1'CHCNO'PARX
CUMBERLAND CCUt~1'i' CYXIRTHCUSE
oNE c~auR~it+auss SQUARE
CARLISLE, PA. 1701)-3307
(717) 240-6195
FAX (717) 240-6573
V I A T E L E C O P I E R
TO: PA STATE POLICE - `EMriIlM) riloeGai. w M.~• ~. •~
FAX q: 717-249-0779
FRCM:
RE:
MESSAGE:
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Stephanie Quigley IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V• CASE # 01-5329 CIVIL TERM
Michael Paul Irvin
DEFENDANT ITEM: Browning Compound Bow w/Arrows
_ U O DER
AND NOW, this ~i~ `day of , 2003, upon petition of the Sheriff,
the following Order is entered:
The Sheriff of Cumberland County having sent notice to reclaim the seized
weapon(s) to the above-named defendant via regular mail to the last known address,
and the defendant not having responded to the notice by asserting a claim, the Sheriff
of Cumberland County is directed to destroy the listed weapon(s) in accordance with
law. The Sheriff shall make the appropriate arrangements for the destruction of any
ammunition.
R. Thomas Kline, Sheriff
Cumberland County Sheriff's Department
By the Court,
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Stephanie Quigley IN THE COURT OF COMMON PLEAS OF
plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 01-5329 CIVIL TERM
Michael Paul Irvin
Defendant ITEM: Browning Compound Bow w/Arrows
PETITION TO DESTROY UNCLAIMED WEAPONS(S)
AND NOW, comes R. Thomas Kline, the Sheriff of Cumberland County, by and through his
Solicitor, Edward L. Schorpp, Esq., and petitions Your Honorable Court to order the destruction of
the above described weapons in his possession upon the following:
1. The Cumberland County Sheriff's Office currently has possession of the above
described weapons, having seized the same from the Defendant on
September 12, 2001.
2. The weapon(s) were seized pursuant to an Order of Your Honorable Court
dated September 12, 2001, and entered at the above docket number.
3. The Order was issued in proceedings instituted by the Plaintiff for protection from
abuse.
4. Pursuant to said Order, the period of seizure expired on March 12, 2003.
5. On May 22, 2003, the Cumberland County Sheriffs Office caused notice to be sent,
via regular mail and certified mail, to the Defendant at his last known address,
advising the defendant that the above described weapon(s) must be reclaimed by
the defendant, in person, within 30 days, at which time the Sheriffs Office would
petition Your Honorable Court for an Order for destruction of the weapon(s); a
copy of said notice is attached hereto as Exhibit "A".
The Defendant has failed to reclaim the weapon(s).
WHEREFORE, your petitioner respectfully requests Your Honorable Court to enter an Order
directing the destruction of the above described weapon(s).
Very respectfully submitted,
Edward Schorpp
Solicitor
10 East High Street
Carlisle, PA 17013
(717)243-3341
~_
.~~,_
VERIFICATION
I, Barry J, Horn, verify that the statements made in the within Petition are true and
correct to the best of my lrnowledge, information and belief. The undersigned
understands that this statement herein is made subject to the penalties of 18 Pa. C. S.
Section 4904 relating to unsworn falsification to authorities.
Dated: ~ ~ 63
Sq
Barry J. H , V~eant
:umberlan County Sheriff s Office