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HomeMy WebLinkAbout01-04231Y- JUL ~ 3 200 JESSICA L. SINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION -LAW IN PROTECTION FROM ABUSE GARY L. SINGER, JR., Defendant : NO. 01-4231 CIVIL TERM ORDER OF COURT AND NOW, this ~ 4 ~ day of July, 2001, upon consideration of Plaintiffls Petition to Vacate Order and Dismiss Action, it is hereby ordered and directed as follows: Plaintiff s Petition for Protection From Abuse is dismissed without prejudice. 2. The Temporary Protection From Abuse Order entered on July 11, 2001, is hereby vacated. BY The Honorable Edward E. Guido ~~~ ~,~ o~ C ~-~~~ ~ ~~~ a ~ ~~. 2 ~. n,_ ~~, y,t ~ ~ w-, ~ `.. r - `~..,r ~. Y. , :i -. ~- ~, ., • ~- .. i ~r~wzarr~ a?nF .,,,,.,x~~:z+%~. ~ ~m~~F~€s'swx~en!? _ ~. .. JESSICA L. SINGER, Plaintiff v. GARY L. SINGER, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIV1L ACTION -LAW IN PROTECTION FROM ABUSE Defendant NO. 01-4231 CIVIL TERM PETITION TO VACATE ORDER AND DISMISS ACTION Plaintiff, Jessica L. Singer, by and through her attorneys, the Family Law Clinio, hereby requests that the Court vacate the Temporary Protection From Abuse Order entered on July 11, 2001 in the above-captioned case, and dismiss this action. In support of her Petition, Plaintiff avers as follows: Plaintiff filed a Petition for Protection From Abuse with this Court on July 11, 2001. A Temporary Protection From Abuse Order was issued by this Court on July 11, 2001, scheduling a hearing for July 19, 2001, at 9:45 a.m. before The Honorable Edward E. Guido. The parties are in the process of reconciling their differences. Plaintiff does not wish to pursue this action and requests that the Temporary Protection From Abuse Order entered on July 11, 2001, be vacated and that the Petition for Protection From Abuse be dismissed without prejudice. WHEREFORE, Plaintiff requests that the Court vacate the Temporary Protection From Abuse Order entered on July 11, 2001, and dismiss this action without prejudice. Respectfully Submitted,y~ Debra Hart Munchel Certified Legal Intern ~-- L T S M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 JESSICA L. SINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~. :CIVIL ACTION -LAW IN PROTECTION FROM ABUSE GARY L. SINGER, JR., Defendant NO. 01-4231 CIVIL TERM Certificate of Service I, Debra Hart Munchel, Certified Legal Intem at the Family Law Clinic, hereby certify that I mailed a true and correct copy of the Petition to Vacate Order and Dismiss Action on the following individual, at the following address, by U.S. Mail, postage prepaid, this 13'" day of July, 2001: Gary L. Singer 98 Fairview Street, Lot 1 Carlisle, PA 17013 ~, = ~~. c r,(' :: 07/16/01 MON 09:55 FAY 717 240 6573 CUMB CO PROTHONOTARY f~1ool ~~:s MULTI TN REPORT ~~~ **zxa~zx~*zx*xa*~aa~*s~**x~*:es TX/R% NO 2711 INCOMPLETE T%/R% TRANSACTION OR [ O119p2490779 PSP [ 04]92438026 LS ERROR ~i OFFICE OF TfiF: PRO'17i0(~KYI'ARY CL)P7BF:RLAND C(7UM'Y Ct~URTHCU$E O~,lf.; CO(JFYIl-ICUSL' ~.'QUARE CARI.IS(,E, PA. 17017-3387 (717) 240-6195 F,q}( (i17) 240-6573 V I A T E L E 0 0 P~ R ~: ~A STArE P~cac~ _ Ca. FAx ~~ 7t7-JtiIQ•o~7~ ~~; CUBITS R. LONG RE: P~I"~ v~L7C~.? M1::55AGE ; ~: VQOcrss.. r N0. OF PAGFS (I[~LUDING CCNER SHEEII I Tins = is inter ally fzx' tle use c~ tl~ iedi_vid al ~ a~tity tra ~l~ ~ is is ~ ~ (]cttEide~ial. ad 0asrpt ~+ rliaarra~ra udr~.[ a~ti~ orntain 3t+ tliat ~ ~ a¢~ fg~r rotiEied ttat ary di*~~' tl-e ~ ~ tlnis r is ~ tl~ int~~l ~ ~ bed. IE you tine c~ei~ed ttus ~;~.-:Y~A-:m rr o~p/9n4 cf ttus arnma~icatirn is s~ri~ctlY Prch'bi ~ ~ u; a: ' rrmnnic.j~9m in Pxxx, p~leeae ~-t7' is am[e9is6~Iy b,' OP1~x:r~e and Lebttn ttie Qicprx~I rreS~ ... 'JUL ~° ~ 2009 JESSICA L. SINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW GARY L. SINGER, JR., : IN PROTECTION FROM ABUSE Defendant NO.O~-y~3 1 CIVIL TERM NOTICE OF HEARING AND ORDER YOU HAVE BBBN 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 maybe entered against you granting the relief requested in the Petition. In particular, you maybe evicted from your residence and lose other important rights. Any protection order granted by a court maybe considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statues, including child custody proceedings under Chapter 53 (relating to custody). A hearing on the ma r is scheduled for the day of ~u ~~ 2001, at 9~ ~~ J~.m., in Courtroom ~ at the Cumberland County Courthouse, 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, Pennsylvania 17013 (717) 249-3166 i~ 4 ~1T 4 ~ ^ VVV f ~ ~ V 1. ~ 'tF ~ l FJ ~ ~"" ~ (~ 1 --. ~ -_ 4 Ai ~ V. "1 ' .~; 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 heazing or business before the court. You must attend the scheduled conference or heazing. JESSICA L. SINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW GARY L. SINGER, JR., : IN PROTECTION FROM ABUSE Defendant NO. a~- ya3 ! CIVIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Gary L. Singer, Jr. Defendant's Date of Birth: 7/12/72 Defendant's Social Security Number: 186-56-5416 Names of All Protected Persons, including Plaintiff and minor children: Jessica Singer •,~ And now, this ~ day of ~~, 2001, upon consideration of the attached Petition for Protection From Abuse, the court hereby enters the following Temporary Order: [X] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. [X] 2. Defe t is ~cted and a luded m the resi ce at Fairvi eet, t 1, C sle, P nsylvania 13, or y other p ent tempor resid e w e ~~ aintif y live. aintiff ' granted a usive session a res' ence. efe t shall ve no ri or pri ege to en or be esent on th premis of plam [X ] 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to any contact at Plaintiffls school, business, or place of employment. [X] 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. [ ] 5. Pending the outcome of the fmal hearing in this matter, Plaintiff is awarded temporary custody of the following minor children: N/A ,~. [X] 6. Defendant shall immediately relinquish the following weapons to the Sheriffls Office or a designated local law enforcement agency for delivery to the Sheriffls Office: Any guns that the defendant may have in his possession or control. Defendant is prohibited from possessing, transferring, or acquiring any other guns for the duration of this order. [ ] 7. The following additional relief is granted: [X] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police and Carlisle Police. [X] 9. THI5 ORDER SUPERSEDES [X] ANY PRIOR PFA ORDER AND [ ]ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [X] 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL 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.5 § 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 chazges 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 Pazagraphs 1 through 6 of this Order, defendant shall be azrested on the chazge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without wan•ant, 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, unlessthe weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY TFIE COURT: ILJc,~,/ / tJv / Date ~~wr.+~ ~` G..i ~o i f JESSICA L. SINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW GARY L. SINGER, JR., : IN PROTECTION FROM ABUSE Defendant NO. o ~ • `l a 3/ CIVIL TERM PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Jessica L. Singer 2. I am filing this Petition on behalf of Myself. 3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Jessica Singer 4. 5. Plaintiffs address is: 98 Fairview Street, Lot 1 Carlisle, PA 17013 However, since Friday, July 6, she has been staying at a neighbor's house. Defendant's address is: 98 Fairview Street, Lot 1 Carlisle, PA 17013 Defendant has been staying at the following address since Monday, July 9: 147 Mulberry Avenue Carlisle, PA 17013 Defendant's Social Security Number is: Defendant's date of birth is: Defendant's place of employment is 186-56-5416 7/12/72 Triangle Car Wash South Hanover Street Carlisle, PA _ - ~.. s a r.. s __ °- 6. Indicate the relationship between Plaintiff and Defendant. [X] Spouse [X] Current/former sexual/intimate partner [ ] Ex-spouse [ ] Parent/child [ ]Persons who live or have lived like spouses [ ]Other relationship by blood/marriage [ ]Parents of the same children 7. Have Plaintiff and Defendant been involved in any of the following court actions? No. [ ]Divorce [ ]Custody [ ]Support [ ]Protection From Abuse If you checked any of the above, briefly indicate when and where the case was filed and the court number if known: 8. Has the Defendant been involved in any criminal court action? Yes. If you answered Yes, is the Defendant currently on probation? No. 9. Plaintiff and Defendant are parents of the following minor children: Name Aees who reside at 10. If Plaintiff and Defendant are parents of any minor children together, is there an existing court Order regarding their custody? If you are now seeking an Order of child custody as part of this petition, list the following information: (a) Where has each child resided during the past five years? Child's Name When Person(s) child lived with Address (b) List any other persons who are known to have or claim a right to custody of each child listed above. Name Address Basis of Claim N/A :sF 11. The following other minor children presently live with Plaintiff: Name Awe Plaintiffs relationship to children Leanne Hoffman 11 Step Mother Coby Ritter Mother Gary Ritter 3 Mother 12. The facts of the most recent incident of abuse aze as follows: Approximate Date: July 6, 2001 Approximate Time: Evening Place: 98 Fairview Street, Lot 1 Cazlisle, Pa 17013 Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking, medical treatment sought, and/or calls to law enforcement: Plaintiff told defendant that she was going out with a friend. Defendant then told plaintiff that if he saw her with her ex-boyfriend that there would be "five dead bodies." He said that he would kill her, her ex-boyfriend, her girlfriend, the ex-boyfriend's friend, and then himself. Defendant said this in front of plaintiffls five yeaz old son. Defendant said that he was going to take Coby with him and follow plaintiff to the bar. He said that if he saw plaintiff with her ex- boyfriend (Coby's father), he would kill the man in front of his son. At that time, defendant showed the plaintiff bullets and said all he needed to do was to get "the piece." Plaintiff called the police. The police suggested that the plaintiff stay somewhere else that evening. Plaintiff has been staying at the neighbor's house since that evening. On July 9, 2001, Monday afternoon, an argument ensued between plaintiff and defendant. Defendant told plaintiff that if she called the cops `you know what's coming to you." Plaintiff believed this to be a threat of physical harm against her. Plaintiff called the police. Plaintiff expressed her desire for the defendant to have therapy or counseling. Upon information and belief, the police took the defendant to Carlisle Hospital, and he agreed to get help. 13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor children, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred: Approximately 3 months ago, an azgument ensued between plaintiff and defendant. Plaintiff said that she was going to take her kids and leave. Defendant told her to leave before he beat her up. Approximately 1 year ago, defendant threatened to beat up plaintiff Approximately 1 to 2 years ago, defendant threw a soda on the plaintiff and then punched her in the eaz. Approximately 3 years ago, defendant punched plaintiff in the eaz. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor children: Gun. 15. Identify the police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: Pennsylvania State Police, Carlisle Police 16. There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [X] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 98 Fairview Street, Lot 1, Carlisle, PA 17013 [X] owned by (list owners, if known): Jim Costopulous. [X] rented by (list all names, if known): Jessica Singer and Gary Singer. [ ]Defendant owes a duty of support to Plaintiff and/or the minor children. [ ]Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: 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 (CHECK ALL FORMS OF RELIEF REQUESTED): [X] A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. [X] B. Evict and exclude Defendant from Plaintiff s residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [ ] C. Require Defendant to provide Plaintiff and/or minor children with other suitable housing. [ ] D. Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: [X] E. Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, orplace of employment, except as the court may fmd necessary with respect to partial custody and or visitation with the minor children. [X] F. Prohibit Defendant from having any contact with Plaintiff s relatives and Plaintiffs children listed in this Petition, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor children. [X] G. Order defendant to temporarily tum over any guns in his possession or control to the Sheriffls Office or other local law enforcement agency and prohibit defendant from transferring, acquiring or possessing any guns for the duration of this Order. [ ] H. Order Defendant to pay temporary support for Plaintiff and/or the minor children, including medical support and [ ]payment of the rent or mortgage on the residence. [ ] I. Direct Defendant to pay Plaintiff for the reasonable fmancial losses suffered as the result of the abuse, to be determined at the hearing. [X] J. Order Defendant to pay the costs of this action, including filing and service fees. [ ] K. Order Defendant to pay Plaintiffs reasonable attorney's fees. [ ] L. Order the following additional relief, not listed above: [X] M. Grant such relief as the court deems appropriate. [X] N. 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 Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Date: July 11, 2001 .,.1bQQ~..o.- ~.~4a'"~~~,~~.~. Debra Hart Munchel Certified Legal In/tem ~~L THOMAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S § 4904, I verify that I am the Plaintiff 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, information and belief. UI Date JESSICA L. SINGER, Plaintiff v. GARY L. SINGER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN PROTECTION FROM ABUSE NO. CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Gary L. Singer, Jr. Defendant's Date of Birth: 7/12/72 Defendant's Social Security Number: 186-56-5416 Names of All Protected Persons, including Plaintiff and minor children: Jessica L. Singer AND NOW, this day of , 2001, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDICATED and DECREED as follows: Note: Space is provided to allow for 1) the court's general fmdings of abuse; 2) inclusion of the terms under which the order was entered (e.g., that the order was entered with the consent of the parties, or that the defendant, though properly served, failed to appear for the hearing, or the reasons why plaintiff s request for a final PFA order was denied); and/or 3) information that may be helpful to law enforcement (e.g., whether a weapon was involved in the incident of abuse and/or whether the defendant is believed to be armed and dangerous). [ ] Plaintiff s request for a final protection order is denied. OR [ ] Plaintiff s request for a final protection order is granted. [ ] 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. [ ] 2. Defendant is completely evicted and excluded from the residence at [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff Defendant shall have no right or privilege to enter or be present on the premises. [ ] On ,Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. [ ] 3. Except as provided in Pazagraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the 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. [ ] 4. Except as provided in Pazagraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. [ ] 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awazded; state terms of partial custody or visitation, if any.] [ ] 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children. [ ] 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. Any weapons delivered to the sheriff under paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further order of court. .,.. e ~_ ., ._ [ ] 8. The following additional relief is granted as authorized by § 6108 of the Act: The defendant is prohibited from possessing, transferring or acquiring any guns for the duration of this order. [ ] 9. Defendant is directed to pay temporary support for: [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order]. This order for support shall remain in effect until a final support order is entered by this Court. However, this order shall lapse automatically if the Plaintiff does not file a complaint for support with the court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. [ ] 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant. [ ] 11. [] Defendant shall pay $ pocket losses, which are as follows: [ ]Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all cliamed out- of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing. NO fee shall be required by the Prothonotary's office for the filing of this petition. [ ] 12. BRADY INDICATOR. [ ] 1. The Plaintiff or protected person(s) in a spouse, former spouse, a person who cohabitates or has cohabitated with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. [ ] 2. This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. [ ] 3. Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). [ ] 4. Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) OR [ ] 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. to Plaintiff as compensation for Plaintiffs out-of- OR _- [ ] 13. THIS ORDER SUPERSEDES [ ]ANY PRIOR PFA ORDER AND [ ]ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this order shall expire in eighteen months, on [insert expiration date]. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF [NDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1;000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.5. § 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES iJNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. 'TERRITORIES AND THI? COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §§ 2261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY BE SUBJECT TO FEDERAL CRIlVIINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261 -2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE 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 FTRF.ARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR zany location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order, an arrest 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 the 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. (1) Defendant is prohibited from acquiruig or possessing any weapons for the duration of this order. (2) Defendant may, upon the expiration if this order, request that the sheriff return any weapons held pursuant to this order. The sheriff shall determine if defendant is otherwise legally entitled to possess the weapons. If the protection from abuse order has expired and defendant is legally entitled to possess weapons, the sheriff shall present an order to the court authorizing that the weapons be returned to defendant. Otherwise, the sheriff shall notify defendant that he must file a petition with the court seeking a return of the weapons, in which case the court, upon petition, will schedule a hearing with notice to the plaintiff. BY THE COURT: Judge Date If entered pursuant to the consent of the plaintiff and defendant: (Plaintiffs signature) (Defendant's signature) ~, - J.. `_. 'c./~- O mp \_ W V~ ` ~~ 07/11/01 WED 15:36 FAX 717 240 6573 CUAIB CO PROTHONOTARY X001 ~~~ax~raas~~t~*axx~x~~~~~~~sa*~ axc~a ffi[ILTI TN REPORT x~~s s~:~s~*~~*xs~exa*~eax~*~~*rasx~*~ TX/RX NO 2710 INCOffiPLETE T%/RX TRANSACTION OK [ O119p2490779 PSP [ 03]9p2405331 CP ERROR r OFFICE OF THE PROTHCNOTARY CLINIDERLAND COUNTY COURTHOUSE ONE C(X1R'IHOUSE SQUARE CARLISLE, PA. 1701.3-3387 (717) ~40~6195 FAX (717) 290-6573 V I A T E L E C O P I E R TO; PA STATE POLICE - CGN~I71'A~ ~R~~aai. - l~?'Pl..s. FAX #: 7I7~-249-0779 FROM: CUR'PIS R. LONG RE: PFA ORDERS MESSAGE: L ~ rte. OF PAGES (IN:'[.WING AVER SHEET) Ttus n is .inmraea mly frc tfie Ise aI tte iniivid.k~l Q- entity m xhidi is is a7~ea, aril ~ aQ,rain tl~t Ss lriv;l~, t~fidstGial aci e~pt fxan a;a,. •~~„~ u'r~ ]ar. rE ~ file n~ of this n is not d'e! intr~-ae:l mci}va~t, ya, ~e h~j roFified that ary disrirn. Aictri_t~~l-irn oc Cz"}7/ing []C this OOmnnir.~:irn is strict_Ly IxdtibibBd. If }[7t,1 1'Ewe YeoP.iued Gus ~ am~uiu.~ ien in a~xr, pLeage ~;fy w ;~ra;.ara~Y by ~t~:re aLl sehrcn kt~ aeic~rra rag'- m ~ a, ., -~-_ ...~ we rr C ,natal vw'~i[]?_ Th~lc tal. SHERIFF'S RETURN - REGULAR CASE N0: 2001.-04231 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SINGER JESSI VS SINGER GARY I, BRYAN WARD Sheriff or Deputy Sheriff of 1 Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon SINGER GARY I, JR the PLAINTIFF _, at 1820:00 HOURS, on the 11th day of July 2001 at 147 MULBEF:RY AVE SLE, PA 17013 by handing to GARY L SINGEF'. JR a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. There were no weapons confiscated. Sheriff's Costs: Docketing 15.00 Sex'vice 3 . 25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this .tN`-_ day of v,p( A.D. ~...~ n pa. ,~ P o honotary So Answers: ~~a~ R. Thomas Kline 00/00/0000 By: ~~ /~~~ ~/ D~Suty Sheriff