HomeMy WebLinkAbout99-05052
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LUIS A. VAZQUEZ, JR.,
on behalf of himself and his minor
children, Audrey Vazquez and
Annemarie Vazquez,
Plaintiff
V.
MARTINA GUSTIN-VAZQUEZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 99,- &0,5",Z CU I,
PROTECTION FROM ABUSE
TEMPO PAKY PRO CTIO ORDER
AND NOW, this day o 1999, upon
presentation and consideration of the within Petit and upon finding that the Plaintiff,
Luis A. Vazquez, Jr., residing at the Creston Apartments, 4420 Old Gettysburg Pike and
Rupp Avenue, Apt. 5, Camp Hill, Lower Allen Township, Cumberland County
Pennsylvania, is in immediate and present danger of abuse from the Defendant, Martina
Gustin-Vazquez, the following Temporary Order is entered.
The Defendant, Martina Gustin-Vazquez, SSN: 'T69-44-4836, date of
birth: 10-19-58, now residing at 5011 Lancaster Street, Apartment B, Harrisburg,
Dauphin County, Pennsylvania, is hereby enjoined from physically abusing, threatening,
harassing or stalking the Plaintiff, or placing him in fear of abuse.
The Defendant is ordered to stay away from the Creston Apartments,
4420 Old Gettysburg Pike and Rupp Avenue, Apt. 5, Camp Hill, Lower Allen Township,
Cumberland County Pennsylvania, a residence leased solely by the Plaintiff, at which
the Plaintiff currently resides, as well as any other residence the Plaintiff may establish,
except for the limited purpose of transferring custody of the parties' children.
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The Defendant is ordered to refrain from having any direct or indirect
contact with the Plaintiff whether in person, by telephone, or in writing, personally or
through a third party, except for the limited purpose of facilitating custody arrangements.
The Defendant is enjoined from harassing and stalking the Plaintiff and
the minor children of the parties.
The Defendant is enjoined from entering or telephoning the Plaintiffs
place of business, located at 1031 Girard Street, Harrisburg, Pennsylvania 17104.
The Defendant is enjoined from removing, damaging, destroying or selling
any property owned jointly by the parties, owned solely by the Plaintiff, or otherwise
owned by Plaintiffs business, specifically including any mail addressed to Plaintiff or his
business.
This Order shall remain in effect until modified or terminated by the Court
I
and can be extended beyond its original expiration date if the Court finds that the
Defendant has committed another act of abuse or has engaged in a pattern or practice
that indicates continued risk or harm to the Plaintiff.
Pending the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor children: Audrey and AnnaMarie Vazquez.
Until the Final hearing, all contact between the Defendant and the children shall be
limited to the following: supervised visitation for two hours each Tuesday and Thursday
at a neutral meeting place.
` All
/J A hearing shall be held on this matter on the l) _ day of
/mil 1,c s 1999, at Q 73 O anip.m., in Courtroom No. A
Cumberland County Courthouse, Carlisle, Pennsylvania.
The Defendant is directed to reimburse Plaintiff for costs and attorney's
fees incurred as a result of filing this Petition.
The Plaintiff may proceed without pre-payment of fees pending further
order of court.
The Cumberland County Sheriffs Department shall attempt to make
service at the Plaintiffs request and without pre-payment of fees, but service may be
accomplished under any applicable rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and
forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this
Order to the Defendant by mail.
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.
Notice to 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 (6) months in jail. 23 Pa. C.S. §6114. Consent of
Plaintiff to Defendant's return to the residence shall not invalidate this Order,
I 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 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
The 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 the provisions of this Order,
Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for
violation of this Order may be made without warrant, based solely upon probably 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 those used
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
4
crime, in which case, they shall remain with the law enforcement agency whose officer
made the arrest.
By the Court,
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August 25, 1999 _ ____
Honorable Judge Hoffer
Cumberland County Court House
I Courthouse Square
Carlisle, PA 17013
Re: Martina - Gustin-Vaz uez
Dear Honorable Judge Hoffer:
I writing this letter in reference of the character of Martina Vazquez. Martina is a very loving
mother to her two children ( Audrey and Anna). I met Martina through her sister Luann Gustin-
DeFrank. In meeting Martina, I found her to be a very nourishing mother to her two children,
Audrey and Anna.
Since meeting Martina, Martina has took the responsibility of her children very serious. She
has obtained a nice apartment for her and her children. She has been employed by the Dauphin
County Sheriffs Office. She also has placed her children in a day care close to her place of
employment so she may visit with them on her lunch hours. The reason Martina left her
husbands was to get away from the neglect and abuse. Mr. Vazquez neglected his children by
not paying their health insurance and not keeping a roof over their heads. He neglected his
family by not paying the rent and getting his family evicted. Also on several occasion, while Mr.
Vazquez was away on long weekend trips. He would leave his family with no money for food. I
ask the court, what kind of father would leave his wife and children with out emergency money.
I feel this is neglect.
On several occasional I have visited Martina and her children. Her home is always well kept.
Her two daughters are also well dressed and clean. On the occasions that I have visited Martina's
home. I did listen to messages left on her answering machine my the plaintiff Mr. Vazquez. His
remarks are as follows: if you don't take my KIDS out of that NIGGER daycare, I will do
anything to get them from you.
Honorable Hoffer
Page 2
August 25, 1999
Also you better drop the DOMESTIC RELATIONS , because before I have to pay you any
money, I will take MY KIDS FROM YOU. I can also testify that Mr Vazquez has been
mentally abusing Martina since she moved in her apartment. He is always leaving threaten
messages on her recorder.
I have helped Martina on a few occasions by buying food for her and her children. I also helped
pay an electric bill that was not paid from the previous address, because Mr. Vazquez did not
take care of. This bill had to be payed so she could move in her apartment with her children
after being evicted from their home since Mr. Vazquez did not pay the rent in four months.
I hope that the courts may see fit, to allow the children to placed back with their mother. These
children have been though enough in the last month. These children were taking from their day
care with out getting a chance to see their mother. I feel this is a form of mental abuse against
the children. I want to finish this letter by saying, while the children visited their father on the
weekend of August 6th at their beach house. His female friend was present. The children were
told by Mr. Vazquez's friend, " your daddy and I are getting married." Also, the children were
told if you tell your mom, they would be slapped in the face. I just wonder what kind of adult
would tell children about their personal business when the family is not legally divorced.
I pray for these children every day, the courts will see fit to make the right judgement.
Sincerely yours,
Debbie L. Gardner
cc: Martina Vazquez
August 25, 1999
r
Dear Martina,
I am enclosing a letter that I mailed to the Honorable Judge Hoffer, in reference to your custody
case for your children. Due to my work schedule at Pepper Hamilton LLP, I am unable to make
the court date of August 27th, at 9:30 a.m.
I sincerely hope that this letter will help you in your case. If I can help you in anything. Please
just let me know. I am just a phone call away.
Good luck and God Bless
Debbie L. Gardner
LUIS A. VAZQUEZ, JR.,
on behalf of himself and his minor
children, Audrey Vazquez and
Annamarie Vazquez,
Plaintiff
V.
MARTINA GUSTIN-VAZQUEZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 99- .SJU9Q- CIO(
PROTECTION FROM ABUSE
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 the matter is scheduled for the day of
1999, at _.M., in Courtroom- at 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 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, PA 17013
(717) 249.3166
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Pepper Hamilton LLP
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100 One Keystone Plaza
North Front and Market Street,
P.O. But 1181
Harrisburg, PA 17108.1181
HONORABLE JUDGE HOFFER
CUMBERLAND COUNTY COURT HOUSE
I COURTHOUSE SQUARE
CARLISLE, PA 17013
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LUIS A. VAZQUEZ, JR.,
on behalf of himself and his minor
children, Audrey Vazquez and
Annemarie Vazquez,
Plaintiff
V.
MARTINA GUSTIN-VAZQUEZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET N0. yg. 5o 5z C?, r Tom..
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
AND NOW comes the Plaintiff, by and through his attorneys, the Offices of
Fenstermacher and Associates, P.C., and files this Petition for Protection From Abuse,
as follows:
1. Plaintiff is Luis A. Vazquez, Jr., Social Security Number 17944-8531, born
September 25, 1952.
2. Plaintiff files this Petition for Protection from Abuse on behalf of himself
and his minor children, as he is the father of the minor children.
3. Plaintiffs address is Creston Apartments, 4420 Old Gettysburg Pike and
Rupp Avenue, Apt. 5, Camp Hill, PA. Plaintiff also maintains a business address, as
follows: Cameo Stone, 1031 Girard Street, Harrisburg, Dauphin County, PA 17104.
4. Defendant, Martina Gustin-Vazquez, Social Security Number 169-44-
4036, born October 19, 1958, resides at 5011 Lancaster Street, Apartment B,
Harrisburg, Dauphin County, PA 17111.
5. Plaintiff is the owner/operator of Cameo Stone, 1031 Girard Street,
Harrisburg, PA 17104 and Defendant works at the office of the Dauphin County Sheriff.
6. Plaintiff and Defendant are married.
7. Currently, a divorce action filed June 28, 1999, Docket Number 2648-S-
99, is pending in Dauphin County. In addition, a complaint for child support and spousal
support was filed on March 15, 1999, Docket Number 753-DR-99, PACSES Number
570100861, in Dauphin County.
8. The Defendant is not currently involved in any criminal court action.
However, the most recent incident, August 12-13,1999, has been referred to the
Cumberland County District Attorney's office by the Lower Allen Township police.
9. Plaintiff and Defendant are the parents of the following minor children:
Audrey Vazquez, d.o.b. 9/24/93, age 5
Annamarie Vazquez, d.o.b. 3/7/95, age 4
Both children reside with the Defendant at 5011 Lancaster Street, Apartment B,
Harrisburg, PA 17111.
10. There is no existing Court Order regarding the custody of the minor
children, and Plaintiff seeks an Order of child custody as part of this Petition.
a. Both children resided with both parties at 5535 Blakeslee Avenue,
Harrisburg, PA 17111 before Plaintiff established a separate residence. The
minor children now reside with their mother at 5011 Lancaster Street, Apartment
B, Harrisburg, PA 17111.
b. Plaintiff alleges that only he and the Defendant have a right to
custody of the minor children.
2
11. No minor children presently reside with the Plaintiff.
12. The following facts detail the most recent incident of abuse:
Approximate Date: August 12, 1999 Approximate Time: Midnight
Place: Plaintiffs residence at Creston Apartments, 4420 Old Gettysburg
Pike and Rupp Avenue, Apt. #5, Camp Hill, PA 17011
Defendant arrived at Plaintiffs residence at approximately midnight. She
remained on the porch, pounding on the door and screaming at Plaintiff and a
female friend of his. Defendant threatened to kill both Plaintiff and the female
acquaintance. Plaintiff did not allow Defendant to enter, and notified the police.
Defendant continued to threaten Plaintiff after the police arrived. Defendant was
removed from the scene by the Lower Allen Township Police and a report was
filed. The incident was referred to the Office of the District Attorney of
Cumberland County.
13. For over a year, Defendant has left numerous phone messages at both
Plaintiffs residence and business, threatening to kill or harm Plaintiff.
• Approximately six (6) months ago, Defendant left a phone message
at the home of Plaintiff and threatened to kill the minor children. The message
was replayed to each subsequent caller and Children in Youth were contacted.
Some investigation was made by Children in Youth.
3
On numerous occasions, Defendant has entered Plaintiffs place of
business and destroyed mail, as well as removed items of personal property.
Defendant has threatened to "break the windows if you change the locks".
Additionally, Defendant has opened and destroyed or removed Plaintiffs
mail on numerous occasions.
14. Defendant has not used or threatened to employ any weapons against
Plaintiff or the minor children.
15. Plaintiff resides in Lower Allen Township and maintains a business in the
City of Harrisburg.
16. There is an immediate and present danger of further abuse from the
Defendant.
WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter
a Temporary Order and, after a hearing on the matter, enter a Final Order that would:
a. Restrain Defendant from further abusing, threatening, harassing or
stalking Plaintiff or the minor children in any place where Plaintiff or the minor
children may be found.
b. Prohibit Defendant from having any direct or indirect contact with
Plaintiff, whether in person, by telephone, or in writing, personally or through third
parties, including, but not limited to any contact at Plaintiffs place of residence
located at the Creston Apartments, 4420 Old Gettysburg Pike and Rupp Avenue,
Apt. 5, Camp Hill, Pennsylvania 17011, or any other residence the Plaintiff may
establish, except as the Court may deem necessary for the limited purpose of
arranging or transferring custody of the minor children.
C. Order Defendant from entering or contacting Plaintiffs place of
business, Cameo Stone, located at 1031 Girard Street, Harrisburg, PA 17104.
d. Order Defendant to not tamper with, remove, damage, destroy or
otherwise dispose of any property jointly owned by the parties, owned solely by
the Plaintiff, or owned by Plaintiffs business, specifically including any mail
addressed to Plaintiff or Plaintiff' business.
e. Direct that temporary custody of the minor children, Audrey and
Annamarie Vazquez be awarded to Plaintiff, Luis A. Vazquez, Jr.
Order Defendant to reimburse Plaintiff for costs and reasonable
attorney's fees incurred as a result of filing this Petition,
g. Order that this Petition be filed and served without payment of fees
and costs by the Plaintiff, pending a Final Order after the hearing, and that a
certified copy of this Petition and Order be delivered to the Lower Allen Township
Police, the Harrisburg City Police, and the Pennsylvania State Police, all of whom
have jurisdiction to enforce this Order.
h. Order such other relief as this Honorable Court may deem just and
proper.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
/John R. Fosterrhacher
r Supreme Court I.D. #29940
David A. Jones, II
Supreme Court I.D. #82153
5115 East Trindle Road
MechanicsL)urg, PA 17055
(717) 691-5400
Attorney for Plaintiff
DATED: August 19, 1999
VERIFICATION
I, Luis A. Vazquez, Jr., hereby certify and verify that the facts set forth in the
foregoing Petition are true and correct to the best of my knowledge, information and
belief. I understand that any false statements herein are subject to the penalties of 18
Pa. C. S. §4904 relating to unsworn falsification to authorities.
DATE:
Luis /V JrY r.
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-05052 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VAZQUEZ LUIS A JR ET AL
VS.
GUSTIN-VAZQUEZ MARTINA
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: GUSTIN-VAZQUEZ MARTINA
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania.
to serve the within PROTECTION FROM ABUSE
On September 10th, 1999 , this office was in receipt of
the attached return from DAUPHIN County, Pennsylvania.
Sheriff's Costs: So answers
Docketing 18.00
Out of County 9.00
Surcharge 8.00 RTThomas'K 'e, sheriff
DEP. DAUPHIN 25.50
$bU.bU 09/10/1999
Sworn and subscribed t before me
this /d w day of
19_y91 A.D.
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I-P1U onth oEary
(office of ?e ?$hgxi ff
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Man• J.1nc Snvdcr Ralph G. McAllister
Real Estate Ihputy Chicr Ikputy
William T. Tully Michael W. Rinehart
Solicitor Assistant Chief Deputy
Dsuphin County
Harrisburg. Pennsylvania 17101
Ph:(717)255.2G60 fas:(717)255.2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania VAZQUEZ LUIS A JR ON BEHALD OF HIMSELF
County of Dauphin GUSTIN-VAZQUEZ MARTINA
Sheriff's Return
No. 1750-T - - -1999
OTHER COUNTY NO. 99-5052 CIVIL
AND NOW: August 20, 1999 at 3:10PM served the within
TEMP. ORDER FOR PFA s NOTICE OF HEARING upon
GUSTIN-VAZQUEZ MARTINA by personally handing
to MARTINA GUSTIN-VAZQUEZ 1 true attested Copy(ies)
of the original TEMP. ORDER FOR PFA & NOTICE OF HEARING and making known
to him/her the contents thereof at POE: DAUPHIN COUNTY SHERIFF' DEPT.
FRONT 6 MARKET ST, RM. 104
HARRISBURG, PA 17101-0000
Sworn and subscribed to
before me this 20TH day of AUGUST, 1999
PROTHONOTARY
So Answers;
Sheriff of Dauphin County, Pa.
By
Deputy Sheriff
Sheriff's Costs: $0.00 PD 08/20/1999
RCPT NO 127296
MR
In The Court of Common Pleas of Cumberland County, Pennsylvania
Luis A. Vazquez Vs Jr., et. al.
Martina Gustin-Vazquez
No. 99-5052 Civil
Now, _ R/19/99 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff Of_ Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
en&SifiA 4&Z. ¢?
Sheriff of Cumberlafid County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
copy of the original
the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
me this _ day of , 19
19_, at o'clock M. served the
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
County, PA
LUIS A. VAZQUEZ, JR., on
behalf of himself and his
minor children, Audrey Vazquez:
And Annamarie Vazquez,
Plaintiff
V.
MARTINA GUSTIN-VAZQUEZ,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5052 CIVIL
PROTECTION FROM ABUSE
IN RE: FINAL PROTECTION ORDER
Defendant's Name: Martina Gustin-Vazquez
Defendant's Date of Birth: 10/19/58
Defendant's Social Security Number: 169-44-4836
mafiea of rrOt.ected Person: Luis A. Vazquez, Jr., Audrey
Vazquez and An amarie Vazquez
AND NOW, this 27th day of August, 1999, the court having
jurisdiction over the parties and the subject-matter, it is
ORDERED, ADJUDGED, and DECREED as follows:
The Plaintiff, Luis A. Vazquez, Jr., is represented by
John Fenstermacher, Esquire; the Defendant, Martina
Gustin-Vazquez, is represented by Paul Taneff, Esquire.
The Defendant, although agreeing to the terms of this
Order, does not admit the allegations made in the petition.
Plaintiff's request for a Final Protection Order is
granted pursuant to the consent of Plaintiff and Defendant.
The Defendant, Martina Gustin-Vazquez, SSN: 169-44-4836,
date of birth: 10/19/58, now residing at 5011 Lancaster Street,
Apartment B, Harrisburg, Dauphin County, Pennsylvania, is hereby
enjoined from physically abusing, threatening, harassing or
stalking the Plaintiff, or placing him in fear of abuse.
The Defendant is ordered to stay away from the Creston
Apartments, 4420 Old Gettysburg Pike and Rupp Avenue, Apt. 5, Camp
Hill, Lower Allen Township, cumberland County, Pennsylvania, a
residence leased solely by the Plaintiff, at which the Plaintiff
currently resides, as well as any other residence the Plaintiff
may establish, except for the limited purpose of transferring
custody of the parties' children.
The Defendant is ordered to refrain from having any
direct or indirect contact with the Plaintiff whether in person,
by telephone, or in writing, personally or through a third party.
except for the limited purpose of facilitating custody
arrangements.
The Defendant is enjoined from harassing or stalking the
Plaintiff and the minor children of the parties.
The Defendant is enjoined from entering or telephoning
the Plaintiff's place of business, located at 1031 Girard Street,
i
Harrisburg, Pennsylvania, 17104.
The Defendant is enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties,
owned solely by the Plaintiff, or otherwise owned by Plaintiff's
business, specifically including any mail addressed to Plaintiff
or his business.
This order shall remain in effect until November 26,
1999, and can be extended beyond its original expiration date if
the Court finds that the Defendant has committed another act of
abuse or has engaged in a pattern or practice that indicates
continued risk or harm to the Plaintiff.
The parties shall share custody of the minor children,
Audrey Vazquez, born September 24, 1993, and Annamarie Vasquez,
born March 7, 1995, on a week on week off basis. Mother shall
exercise her week of custody beginning Friday, August- 27, 1999,
and shall pick up the minor children at the daycare school in
which they are currently enrolled. Father shall exercise his
custodial rights beginning September 3, 1999, and shall pick up
the minor children at the said daycare school. Thereafter, the
parties shall alternate their weeks of custody. Either party may
alter this custodial arrangement by filing a complaint for custody
in a court of proper jurisdiction.
The parties shall cooperate with each other concerning
the exchange of custody of the said minor children and in all
other matters relating to the best interests of the said minor
children.
Notice to 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 (6)
months in jail. 23 Pa. C.S.Section 6114. Consent of 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.Section
6113. Defendant is further notified that violation of this Order
may subject 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. Sections
2261-2262.
Notice to Law Enforcement officials
The 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 the provisions of this order,
Defendant may be arrested on the charge of Indirect Criminal
Contempt. An arrest for violation of this Order may be made
without warrant, based solely upon probable cause, whether or not
the violation is committed in 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 those used 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.
John Fenstermacher, Esquire
For the Plaintiff
Paul Taneff, Esquire
For the Defendant
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By the Court,
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CONNECTION ID
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