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HomeMy WebLinkAbout95-03378 ~ (}) .c Jj -j ) g oJ -0 .C oJ 3 ~ ~ J 00 r- (<J ('f) ~ . -~,: TINA J. WINDEMAKER. IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . 95-3378 CIVIL TERM . GARY L. SINGER, JR., Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ~ ~ h ORDER OF COURT AND NOW, this~ day of July, 1995, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached commonwealth's Petition, the defendant, GARY L. SINGER, JR., is directed to appear for trial on the charge of Indi~ect Criminal Contempt before the Court on the I,.a.-';-day of /.:u<,,~- ,1995 at /I:t/V o'clock Ir-' .m. in Courtroom * ~ of theVcumberland county Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of counsel, contact should be made prior to trial with the Cumberland County public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, J~ fer Thomas A. Placey, Esquire - t<'1'Jpt"N"-'I.i!'1 t.i.... 7/l~/fr~~ Senior Assistant District Attorney GARY L. SINGER, JR. . CtJ7~'),...J..t 7(lY/'L , COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Thomas A. Placey, Senior Assistant District Attorney of Cumberland County, PennHylvania brings the following petition for a hearing on charges of Indirect Criminal Contempt: 1. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached private criminal complaint. 3. The victim requests the filing of an Indirect criminal Contempt charge upon information received. 4. The District Attorney's Office approves the filing of this private criminal complaint. 5. The Commonwealth is requesting a trial on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113. 6. The plaintiff and the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. 56117. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. ubmitted, . Placey Assistant District Attorney CRIMiNAl COMPLAINT (PRIVATE) INDIRECT CRIMINAL CONTEMPT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY INCIDENT NUMBEfl UCfl NO, OrN ','" Districl Attorney's Orrice @ 0 Approved 0 l>isaPllrovcd hecause: tlsJlwDa"j I, -1 :-'on l.:. _Y\AMY1l\1\.DA (Nu",,. of A.munl) of '{(~ n.""...CI.A.-r,A (Idtnll/.r d'pam~n' or DgtnC)' rrprestnltJ and poIiticol JllbJMs/on} (S,t"U"'''') -COMMONWEALTH OF PENNSYLVANIA DEFENDANT: VS. r NAME C-,c..~yL""hf'\o,~t'. AND ADDRESS 1\'6 (O:\\' l.l". ,.,..;;, l-' i. 'J;;';:r::~:~i ~"""""'" V \, WO \- 01 .~~:!of;l.. . '",..., ~ .. D.O. B. -{-/,.) -'l:liH',': ,"';~ '...,. \~c:"l\'''~itM.w. S S II . . " '.~~ .'....IA' ~...:~Ll'l{ 1.\\J~jb'\t~~ . . '. _.. ",. ...; ',' ......'\0 ,;r.. "~":':"";';;i ," residing at do hereby slale: (I) iii 'accuse lhe above named defendant, who lives at lhe address set forth above or, ~ 0 I accuse an individual whose name is unknown to me but who is described as .8 o his nickname or popular designation is unknown to me and, therefore. , have designated him herein as John Doe; with violating the ~nal laws of the Commonwealth of Pennsylvania at ., ~ ~ ll: Q 1: in County on or about i5 Participants were (if lh('~ IWtl' ponldponu. plou ,h,l, noma "tn. "ptJtJtlng lht ndmt of dhow d<ftndtllll): ~ (lYaa. PoIlllcoI SubdlrlsllNl) (2) Theact\COmmitledbytheaccusedwere:@ DID VIOLATE A PROTECTION FROM ABUSE ORDER DATED: ~\1l\f2.. 2-l5). \'\G~\ AT DOCKET NUMBER QS- 3'3::> 7A . IN THAT DE,FENDANT DID THE FOLLOWING ACTS IN VIOLATION OF THE ORDER:a~ ~ ~ ~ 'UJ;tu-I txJ ~f11..l -to cp bat..houi..> v.J'dh Iv.:Il'Yl f):)1,: 1" ~~.Al2R ~tl>uAdau.qhlA..f) ~o:l.illJ 11, <\5" -\ \ 'Coam ' U€oCoq IS- "15 -' rn ~'Y",,,,(;X;.c1S 'L ao Q all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly. or in violation of and of the Act of (&elIINl) (Sub'Sffllon) .,.... ." ""_.. I, 1..1. ~. . '. " ': ~'" "'l.~:.: ~4VJ...~[l'~~:I: _"',,,; .:- . . . r' , ' ...... ....~'Ii.ltJ--=:_.. " :_~l. '.~~ t,.....: ~...';...ir;t)~f;;1l.; .:~~~,~;.. , '1 ,', ..~'... ~. _.. . r'~_:.. '~~i or the Ordinance of (Political Sub.dl,lsIINl) (3) I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges I have made. ( Atat/l/t'IitJllJi,If/(I) (lutllnI:A",'wr'l.I') (SEAL) (4) I verify that the facts sel forth in this complaint are true and correct to the best of my knowledge or infonnation and belief. This verification is made subjecl to the penalties of Section 4904 of the Crimes Code (18 Pa. C. S. ~ 4904) relating to unsworn falsification to authorilies, ~'\11 ,)rJ ,19~ ~LA:>~{\111\ ~ (SltMIllrt' oj omp!alnant) AND NOW, on this dale , 19 _' I eerlify Ihe complaint has been properly completcd and verified. and lhat there is probable cause for issuance of proccss. ." ~..~~ .~.: . '.. ,. C"'rr nnlf.n'~r '~Inr. fT'U Whl\wn "',In n)("nNOTF~ TINA J. WINDEHAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3378 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY GARY L. SINGER, JR., Defendant AND NOW, ~ PROTBCTION ORDBR this~ day of June, 1995, upon consideration of the Consent Agreement of the parties, the fOllowing Order is entered: 1. The defendant, GARY L. SINGER, JR., is enjoined from physically abusing the plaintiff, TINA J. WINDEMAKER, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. The defendant is ordered to stay away from the plaintiff's residence located at 1168 Newville Road, Carlisle, Cumbsrland County, Pennsylvania, except when he is there to exercise his rights to partial custody. 5. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself, except when he is there to exercise his rights to partial custody. 6. The defendant is ordered to relinquish to the sheriff's department the fOllowing weapons which he owns, possesses or has used or threatened to use against ths plaintiff: a pocket knife, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of ths Order. 7. Court costs and fses are waived. 8. This Order shall remain in sffect for a period of one (1) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff on a continued basis. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. This Order may subject the defendant to: i) arrest under 23 Pa. C.S. 56113; ii) a private criminal complaint under 23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 56114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. 56114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 10. The North Middleton Township Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has besn violated, whether or not the violation is committed in the I I r , i i I prssence of the pOlice officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When i ~ that court is unavailable, the defendant shall be taken before ths appropriate district justice. (23 P.S. S 6113). By ths court, , / fer, Judge " , TRUE COpy FROM RECORe In Testimony wher8Clf, I hero unto set my hand i'.nd the seal of said cOU~Cartl.' Pa. This Nii- ~ of~ ~ '7 ~' Pro! ry ~GI "~ 011 f.\ OS NOr n:rn ,..mo .....:1:>3: 0_ 0 3:"'3: C:Z ..........0 lI:-l 0 "TI zzz > "TI :l:>en:IE: Ill:!: on mm :1J r- m :1J0 C "TIm 0:1:> S:O en 00 nzr- en -l ,... c:"TI 0 -l :I:> ..... ZC: JT1Oll:-l zn:r ,.. z c:j -l:r - -< :I:> "ll 0 Ill:!: m:l:>VI 00 mC:mm 3:'" ,... e.. g"TI Z:j:1Jc "0 en "0 < Z s:- -lmm ZO en:!: !!l VI-i VI :IE: :;!o -<OZ:1J ..... ..... ..... . lI: !<c:c- O-i z z "llll: >enoQ ."..... en 0 mo 0 om "Om ZmO .....z Ill,.. ~3: Zz - c:> Z"ll > Z::l z .... ...:1:> 0.., III ....'" en,... - :;!O .....0 :se.. :sm 3: -< .... !<~ 0 :1J ,..,.. Q. ,.. ...,.. - Z m .... ..... >en Co> ~ n:l:> :so ... ZO -i ... ... );"TI ." ~ ~ .... ~ ~ ~ -' ..'" - t~ .:"~.~ ;..-e,,,,; -~ .,~2 t~5. c.u ..,. ..,. ~ :i .....:r. .~ , ";' .. - . ~ , t ....... ~""'--==---- .~ ....:. . TINA J. WINDEMAKER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. . . NO. 95-3378 CIVIL TERM GARY L. SINGER, JR., . . Defendant . PROTECTION FROM ABUSE AND CUSTODY . AND NOW, ~ PROTBCTION ORDBR this~ day of June, 1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, GARY L. SINGER, JR., is enjoined from physically abusing the plaintiff, TINA J. WINDEHAKER, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff'S relatives. 4. The defendant is ordered to stay away from the plaintiff'S residence located at 1168 Newville Road, Carlisle, Cumberland County, Pennsylvania, except when he is there to exercise his rights to partial custody. 5. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself, except when he is there to exercise his rights to partial custody. 6. The defendant is ordered to relinquish to the sheriff's department the following weapons which he owns, possesses or has ,'t~ used or threatened to use against the plaintiff: a pocket ~nife, and prohibitinq the defendant from acquiring or possessing any other weapons for the duration of the Order. 7. Court costs and fees are waived. 8. This Order shall remain in effect for a period of one (1) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has enqaqed in a pattern or practice that indicates risk of harm to the plaintiff on a continued basis. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. This Order may subject the defendant to: i) arrest under 23 Pa. C.S. 56113; ii) a private criminal complaint under 23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 56114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. 56114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 10. The North Middleton Township Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. 5 6113). By the court, ., ~' ..' ,1,'\ d~. "i, ~'IV ,\;t\, I~>l " ,.' S6, "~ RI1 0\ Of. KOr TINA J. WINDEMAKER, plaintiff : IN THE COURT OF COMMON PLEAS OF . . v. . . . . CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-3378 CIVIL TERM GARY L. SINGER, JR., : Defendant PROTECTION FROM ABUSE AND CUSTODY ~~~ AND NOW, this ~ day of June, 1995, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Brittany N. singer. 1. The plaintiff, hereinafter referred to as the mother, shall have primary physical custody of the child. The parties shall have shared legal custody of the child. 2. The defendant, hereinafter referred to as the father, shall have partial custody of the child according to the following schedule: a. Two evenings a week for a two hour period of time mutually agreed upon by the parties. b. Sunday afternoons for a three hour period of time mutually agreed upon by the parties. 3. The parties will alternate the following holidays: Easter, Memorial Day, the Fourth of July, Labor Day and Halloween. 4. The father will have the child on Thanksgiving Day each year for a three hour period mutually agreed upon by the parties. 5. The mother will have the child for Christmas Eve until Christmas Day at 10:00 a.m. and the father will have the child from 10:00 a.m. until 6:00 p.m. on Christmas Day. 6. The mother will have New Year's Eve and the father will have New Year's Day. 7. The father will have the child on her birthday for a three hour period of tims mutually agrsed upon by the parties. 8. This Order shall remain in effect until modified by further Order of Court. 9. Each parent shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 10. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural devslopment of ths child's love or respect for the other parent. TINA J. WINDEMARER, plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3378 CIVIL TERM : , PROTECTION FROM ABUSE AND CUSTODY GARY L. SINGER, JR., Defendant CONSBNT AGRBEMBNT This Agreement is entered on this 2gl~ day of June, 1995, by the plaintiff, TINA J. WINDEMAKER, and the defendant, GARY L. SINGER, JR. The plaintiff is represented by Joan carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, GARY L. SINGER, JR., agrees to refrain from abusing the plaintiff, TINA J. WINDEMAKER, or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements or exercising his rights to partial custody. 3. The defendant agrees not to harass and stalk the plaintiff or harass the plaintiff's relatives. 4. The defendant agrees to stay away from the plaintiff's residence located at 1168 Newville Road, Carlisle, Cumberland county, Pennsylvania, except for exercising his rights to partial custody. 5. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of exercising his rights to partial custody. 6. The defendant agrees to exercise his rights to partial custody outside 98 Fairview street, Lot 2, Carlisle, Cumberland county, Pennsylvania. 7. The defendant agrees to relinquish to the sheriff's department a pocket knife which he used or threatened to use against the plaintiff. s. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 9. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (1) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff on a continued basis. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 10. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa. C.S. 56113; ii) a private criminal complaint under 23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 56114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. 56114.1. 11. The defendant and the plaintiff agree to the entry of an Order providing for the fOllowing custody schedule for their child, Brittany N. Singer. a. The mother will have primary physical custody. The parties shall have shared legal custody of the child. b. The father will have partial custody of the child according to the following schedule: 1. Two evenings a week for a two hour period of time mutually agreed upon by the parties. 2. Sunday afternoons for a three hour period of time mutually agreed upon by the parties. c. The parties will alternate the following holidays: Easter, Memorial Day, Fourth of July, Labor Day and Hallowsen. d. The father will have the child on Thanksgiving Day each year for a three hour period mutually agreed upon by the parties. e. The mother will have the child from Christmas Eve until Christmas Day at 10:00 a.m., and the father will have the child from 10:00 a.m. until 6:00 p.m. on Christmas Day. f. The mother will have New Year's Eve, and the father will have New Year's Day each year. g. The father will have the child on her birthday for a three hour period of time mutually agreed upon by the parties. . h. The parties by mutual agreement may vary from this schedule, but this Order remains in effect pendinq further Order of Court. i. Each parent will notify the other immediately of medical emerqencies which arise while the child is in that parent's care. j. The parties realize that their child's well-beinq is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that a Protection and Custody Order be entered to reflect the above terms. -/,';"<1''\ I ,'),~,,-(n'7Yrl ALA TINA J. WINDEMAKER, Plaintiff ~~L ~~~ GARY INGER, JR., feniIant ..1..... Carey Ja e Muller-Peterson Attorneys for Plaintiff LEGAL SERVICES, INC. a Irvine Row carlisle, PA 17013 (717) 243-9400 ,.c:", .' r~ (,!"1. <- c= :z r--> 0:.> ~':~~ d I_ c.o ~ -"~ ,';' /;, I'.. I ;;.~;, .',..' -, ;.0;;. ;:! - ~ ~ - \J1 1.>:;;- ~~ ,. - . ~ ... , , ....... ~_::-_.._=--~ .._4..... .'-."'- '_ _: -.... TINA J. WINDEMAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- ,1=~7,q" CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY v. GARY L. SINGER, JR., Defendant AND NOW, this TEMPORARY PROTBCTION ORDBR ~1,1\I.~ day of June, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, TINA J. WINDEMAKER, now residing at 1168 Newville Road, Carlisle, Cumberland county, Pennsylvania, is in immediate and present danger of abuse from the defendant, GARY L. SINGER, JR., the following Temporary Order is entered. The defendant, GARY L. SINGER, JR., (SSN: 186-56-5416) (D.O.B.: 7/12/72) now residing at 98 Fairview street, Lot 2, carlisle, Cumberland county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, TINA J. WINDEMAKER, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff'S residence located at 1168 Newville Road, Carlisle, Cumberland County, Pennsylvania, a residence which is not owned or leased by the defendant, except for the limited purpose of transferring custody of the parties' child. The defendant shall remain in his vehicle at all times during the transfer of custody. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, 'j" k~~.~ ;,: S ""W1,; ....pj.. :I:J \.."". ~"; :jlhn~ ,1~rl'N{lI_", ,; 'i H iJI;" h, S6. U,I zz t ZZ NOr ~J_ telephone and written communications, except for the limited purpose of facilitating custody arrangsments. The defendant is enjoined from harassing and stalking the plaintiff and from harassing ths plaintiff's relatives. A violation of this Order may .Ubject the defendant tOI i) arre.t under 23 Pa. C.S. 5'113; ii) a private criminal oomplaint under 23 Pa. C.S. 511113.1; iii) a oharge of indirect criminal oontempt under 23 Pa. C.S. 5'114, punishabl. by imprisonment up to six month. and a fine of $100.00-$1,000.00; and Iv) oivil oontempt under 23 Pa. C.S. 5'114.1. Resumption of co-resideno. on the part of the plaintiff and defendant shall not nullify the provi.ions of the oourt order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and can be extended beyond that time 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 of harm to the plaintiff. Temporary custody of Brittany N. singer, is hereby awarded to the plaintiff, TINA J. WINDEMAKER. The defendant is ordered to relinquish to the sheriff's department the following weapon which he owns, possssses, has used or threatened to use against the plaintiff: a pocket knife, and the defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order. ThiG Order shall remain in effect until modified or terminated by the court after notice or hearing. A hearing shall be held on this matter on the :JfL."\ day of June, 1995, at 9: 30 Jt."m., in Courtroom No.:J Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's 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 North Middleton Township Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. S 6113). Cumberland County Courthouse, Carlisle, , TINA J. WINDEMAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM GARY L. SINGER, JR., Defendant PROTECTION FROM ABUSE AND CUSTODY NOTICB You have bsen sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 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. TINA J. WINDEMAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- ,;, 1, CIVIL TERM GARY L. SINGER, JR., Defendant PROTECTION FROM ABUSE AND CUSTODY PBTXTXON .OR PROTBCTXON ORDBR AND CUSTODY RBLIE. UNDER THE PROTECTION .ROH ABUSE ACT, 23 P.S. 5 6101 .t ..q. A. ABUSE 1. The plaintiff, TINA J. WINDEMAKER, is an adult individual residing at 1168 Newville Road, Carlisle, Cumberland County, Pennsylvania. 2. The defendant, GARY L. SINGER, JR., (SSN: 186-56- 5416) (D.O.B.: 7/12/72), is an adult individual residing at 98 Fairview Street, Lot 2, carlisle, Cumberland County, Pennsylvania. 4. The defendant is the father of the child, Brittany N. Singer. 5. Since approximately April 24, 1995, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused serious bodily harm to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff including following the plaintiff, without proper authorization, under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a) On or about June 15, 1995, at approximately 2:00 a.m., the defendant stalked and harassed the plaintiff in ways including: driving by the plaintiff'S residence and remaining outside the residence for a couple of minutes in spite of the fact that he had been ordered by District Justice Correal on June 14, 1995, to stay away from the plaintiff and the minor child. Fearing for her safety, the plaintiff called the police, but the defendant left before the police arrived. b) On or about June 12, 1995, the defendant came to the plaintiff's friend's house demanding in a threatening voice to see the plaintiff causing the plaintiff to fear for her safety. c) On or about June 2, 1995, the defendant approached the plaintiff, who was in a car with her child and a friend, and threatened them pulling out a pocket knife and saying that he would stab them causing the plaintiff to fear for their safety. The defendant left only as some of the plaintiff'S friends, who heard the shouting, approached the car to intervene. d) On or about June 1, 1995, while the plaintiff and her friend were at the Domestic Relations office, the defendant became enraged and threatened to break the plaintiff'S friend's neck causing the plaintiff to fear for their safety. Later that same day in a bank parking lot, the defendant approached the plaintiff who was in a car with her minor child and a friend, threatened to "beat the hell out" of the plaintiff if the defendant found the plaintiff or the minor child with anyone else, and threatened plaintiff's friend saying that he would snap her neck so that she would not be able to drive. When the defendant left the parking lot, the plaintiff reported the incident to the police. e) On or about April 24, 1995, the defendant followed the plaintiff into her bedroom, grabbed the plaintiff, and threw her onto the floor causing the plaintiff to injure her tailbone. The plaintiff's mother called 911 and the police arrested the defendant and charged him with simple assault, harassment, and stalking. Plaint.i.ff was taken by ambulance to Carlisle Hospital for her injuries which included a bruised and dislocated tailbone. Plaintiff still suffers from pain in her lower back as a result of this incident. 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she remain in the home without the defendant's exclusion and that she is in need of protection from such abuse. 7. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limitsd to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 4"""\ 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff'S relatives. 9. The plaintiff desires that any weapons the defendant owns, possesses, and has used or threatened to use against the plaintiff be confiscated by the Sheriff'S Department. B. BXCLUSIVB POSSBSSION 10. The home from which the plaintiff is asking the Court to order the defendant to stay away is owned in the name of Deborah Howe, the plaintiff'S mother. c. SUPPORT 11. The defendant has a duty to support the minor child. 12. The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage, payment of unreimbursed medical expenses for the child. 13. The defendant is employed at Prepared Millwork, and has a gross hourly wage of $ 6.75. 14. The plaintiff currently has no income to provide for minimal needs of the child until such time as a support order can be obtained by filing at the Domestic Relations Office. 15. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. D. ATTORNBY PBBS 16. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. II. TIIMPORARY CUSTODY 17. The plaintiff seeks temporary custody of the following child: IIAU Brittany N. Singer pre.ent Re.idenoe Aa 1168 Newville Road Carlisle, Pennsylvania 19 months The child was born out of wedlock. The child is presently in the custody of the plaintiff, TINA J. WINDEMAKER, who resides at, 1168 Newville Road, Carlisle, Cumberland County, Pennsylvania. Since the child's birth, the child has resided with the following persons and at the following addresses: bU Tina J. Windemaker, Gary L. Singer, Jr., Deborah Howe, Jessica Howe, Andrew Howe, Shawn Howe, and Marie Howe Tina J. Windemaker, Gary L. Singer, Jr., Deborah Howe, Jessica Howe, Andrew Howe, Shawn Howe, and Marie Howe Tina J. Windemaker, Keith windemaker, and Janelle Broughman Tina J. Windemaker, Gary L. Singer, Jr. Mary Singer, and Jeffery Singer Addr..... Date. 1168 Newville Road Carlisle, Pennsylvania 2/95 to t-L L 8 Cumberland Drive Carlisle, Pennsylvania 3/94 to 2/95 7 Piper Court Carlisle, Pennsylvania 1/94 to 3/94 98 Fairview Street carlisle, Pennsylvania 11/93 to 1/94 The plaintiff, the mother of the child, is TINA J. WINDEMAKER, currently residinq at 1168 Newville Road, Carlisle, Cumberland county, Pennsylvania. She is single. The plaintiff currently resides with the fo11owinq persons: IfAIU Relation.hiD daughter mother Brittany N. sinqer Deborah Howe siblinqs Jessica, Andrew, Shawn, and Marie Howe The defendant, the father of the child, is GARY L. SINGER, JR., currently residing at 98 Fairview Street, Carilsle, Cumberland county, Pennsylvania. He is single. The defendant currently resides with the followinq person: lIAIU Mary singer Relation.hiD mother 18. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 19. The plaintiff has no knowledge of any custody proceedinqs concerninq this child pendinq before a court in this or any other jurisdiction. 20. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 21. The best interssts and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor child since her birth. b. The dsfendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. S 6101 ~ ug., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of abuse. 2. ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements. 3. ordering the defendant to refrain harassing and stalking the plaintiff and harassing the plaintiff's relatives. 4. Ordering the defendant to stay away from the plaintiff's residence located at 1168 Newville Road, Carlisle, Cumberland County, Pennsylvania. from from 5. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. , ,I 6. Granting temporary custody of the minor child to the plaintiff. 7. Ordering the defendant to relinquish to the sheriff's department the fOllowing weapon which he owns, possesses or has used or threatened to use against the plaintiff: a pocket knife, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the order. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of abuse. 2. ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and " written communications, custody arrangements. except to facilitate 3. Ordering harassing and the defendant to refrain from r I stalking the plaintiff and from harassing the plaintiff's relatives. 4. ordering the defendant to stay away from the plaintiff's residence located at 1168 Newville Road, Carlisle, Cumberland County, Pennsylvania. 5. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 6. ordering the defendant to relinquish to the sheriff's department the following weapons which he owns, possesses or has used or threatened to use against the plaintiff: a pocket knife, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Order. 7. Granting support to the minor child in an appropriate amount according to the support guidelines payable to the plaintiff in the form of a check or money order, mailed to her residence, and ordering the defendant to provide health coverage to the minor child, directing the defendant to pay all of the unreimbursed medical expenses of the minor child of the defendant. 8. Ordering the defendant to pay reasonable attorney fees to Legal services, Inc. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the North Middleton Township Police Department who has jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 22. The allegations of Count I above are incorporated herein as if fully set forth. 23. The best interest and permanent welfare of the minor child will be served by confirming custody in the plaintiff as set forth in Paragraph 21 of the Petition. WHEREFORE, pursuant to 23 P.S. S 5301 n .lUlSl., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ,/ { tl-7V' oan carey , Attorney for Plai tiff LEGAL SBRVICBS, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named plaintiff, TINA J. WINDEMAKER, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. Date: (p -on ..q Jj -1-".<70 { ,- (m rlr"mY) j,,,) Tina J. Windemaker, Plaintiff '-. c '" ~ '" "... (h c...:, 8 ' . ...:;;.';.. ... ~.. \~ ~~; . .... i - E " , , - ~- , - ,. I -< ~~< - I c.o t U'l I b' I I , i r -i t )\. ~ .V) .1: ;. " 1 r L 'i ~; ..,' , ": "'[ 'I"~: ..... l. ;..~, I,! L ..' i!l ,.\ p,' . ,:; 1 I-1f.-, i" .' ,\!-:"{ L; 1 I~.. LFT.:.CiY. HItJ'!':!{~::'~YE! I ] \ ! ',::-:h..:'r J. 1:! \}1"' (Ir"pu t y ~;h('I' 11. i 01 (,Ui'~8Eh! A!~[\ I,~('ur;t,y, r("lln=:l'l'/dll.L t, wh:t !n">1nq duly .-]....oro uc'C(!rdlflq t.l_l l.;,tW, 1>1;'.':, th;d. hl_'~ '_:;C1rV.,~,rj tt1!,' \ot'tlh'.n .E.fiP.r~I~T,IfJH.Yr-;.c.1J'L...AJHt~~g.. upr:.1rJ ,::'..U.IJJ.~)(_I~;_A.li}'_ L__}h, th(' <jf:.tPfl,i'Hjf~, at 1~""~~:.L~.ell.:>_i neUE:,. [in ' ~IO :~~::Pl~ dOlI' :;.1' )unc. l():~.:~:' ;-jt" _,...:!~-\<,r-__!\IJ.Y_~,F:~.~ ::~TE.~~ET"", ~1)J__ .', i:~..A.f\ ~ L~;J.. rl.._ J' A_. 1 ?_\~J '~~ __._____._,.,,' ~.i.)J'Jf.ER.k0n~~___~.__, Cc.IJrl t: 'I, F'?nrl:: }' 1 \';:Hll =1, h' h,lnl.1J,rl\l t '_.' ':;^RY_.;~:l,rl{JI~_f"?,.___.__.__.,,_....~.. a ',ruo! and "U',s',"'''! copy 01 ',h,' ,,J,H9,T,F:r,:.TJr.:'nFl::QM..MW9J;;..,....___.._______,__ t cw" toN wi th IP1LQK,'-fLYJ:,R,QI['!;:TJ.CJJ.Df-.I'JJi. ImJJ>::!': .."riJ'. PET r TH!IL.... ,______m r~-lE,___ IEI'1t'1!.R-'~Bl~-!;1~~J~f.: J~__.&'.-, ~~ V'~: IQ[I)' :-:J~i~J ;j' f:.h€' ;.:;am.~) tirl'(~ (i.i.rer::t:l_Il',l Hl_~~ '.-jtti:'nt_] ('tl t,_t-' ~,tlC! ,-:r~'r:~.."n'_~' thi?r("~l. Shl:::'f'ifi':., Cos,d.0: f1("d~k(>t, iUQ Spr~/lce . ,\111d1vit Surr:h;::lrt,H? ~''';~'' ',' ~~ r'" , ~'._~,J' ~-,::' ~~7 , t.,', 11:'.0C. :~. .~{0 . t:"~~1 .'.;.'';1 '" 7:1":"1 " . : r,. " ~}1"'1 I.'ff' ~.<~'O. }?{11 1,1";',) I 'J(~" (~~-, .1;~i I) Y ;<-"'?{( ,1~~7f:"- S"'Qrn and r;ubr;crl.bcc! f,11 b'.'l':.*r'" d'J': "~' I.,.)~.. f: ~ ; , th, 8,.;t2.&: l'':'.._S(. A.L'. _ ""C)" ',!.<--, (;1. ~f.v ,,' O,~'/' , 77 I'J "t-_fl(:tl~.lI~.,""1 ,,'-~" ."'-- ._~ " " -"- By the Court, TINA J. WINDEMAXER, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I 95-3378 CIVIL TERM I GARY L. SINGER, JR., I Defendant I CHARGE I INDIRECT CRIMINAL CONTEMPT IN REI PETITION DISMISSED ORDER OF COURT AND NOW, this 1st day of August, 1995, after hearing and consideration of the testimony presented, we find that the phone call made by the Defendant on the 18th was a de minimis violation of the PFA Order, and, therefore, we dismiss the petition. Thomas A. Placey, Esquire Assistant District Attorney '_d':" , - to.-r-..... ~<'- Arla M. Waller, Esquire Assistant Public Defender ~'':l..J<tS''. .J. t' . Islr .-' J 'i .1 '!;; l t' "'{ :~j .1,'1\',.' 'i!] :. 10 3~i!: ~ 56. HJ tE I Z nnv '".1 '.~- _._~- ..I ___ "-"'" .,.....' 1r".~-'~.~:-- \ ""/.', -- ;; i" ;'1'1 ~; ',~' ! il; ,\'\: ' !, ~,' l '.; ;;;, ii,.><Fl. T rn : pC" ;,~d: ;"tj ,~; ; i n,\ , ~.1'!l:' :.~ F: :. .' ~ i !, ! '-it; r), ~ V. 'f,; .j'",', ",,",'II" .~ h ,j I \" ~p ". 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'h'i':': ~~;':~~1j.r; i~:_~'.H'~.l eo {) >,t), ~ '-Y--f<" " ' , " TINA W1NDEMAKER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 3378 CIVIL 1995 By the Court, GARY SINGER Defendant ITEM: (1) POCKET KNIFE ORDER AND NOW, this 9th day of December, 1998, 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 Sheriffs Department q, '*',.1 , ""',-, ." I',' \; ~. ~. '..