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Home My WebLink About96-00096 , I , , " I I , 1 1 > i ' , .; ~ f,. j .' .. '1' ; ~; . : I .j I' 1 ' \ .1 I : ~ _ i i I , , ' 1 ! , . , I , ' ,. . ~ j ; l i t ! ! ...j 0- i ! , I I I I 1.1 I ..3 0- lit .~ '::t= '- f...!) i' ~ \ i \I) (f) .C ~ .- o ~ ) ./$ / I I , I j '\. -.. . : '.I', Ii-If"\. DAIiN LYNN PARKER, Plaintiff V : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTl', PENNSYLVANIA : :CIVIL ACTION - LAW JAMES KENNETH GITTINGS, Defendant . . qlc,- 9(.., C;U\ { ~ :NO: 0096 CIVIL 1996 :IN CUSTODY COURT ORDER AND NOW, this ~ day of November, 1997, upon the attached Custody Conciliation Report, it directed as follows: consideration of is ordered and 1. The Hother, Dawn Lynn Parker, shall have legal and physical custody of Chelsea Harie Gittings, born August 23, 1991, and Paige Bryanna Gittings, born Harch 23, 1994. 2. The Father shall have periods of visitation with the minor children at such times and under such circumstances as agreed to by the Mother. 3. If the Father is dissatisfied at anytime with the period of time allowed to him with the children, Father may petition the Court to have this case again scheduled for a Conference with the Custody Conciliator. BY THE COURT, Emily Long Hoffman, Esquire 105 North Front Street P. O. Box 11475 Harrisburg, PA 17108-1475 t~~ 1I~.L "/7/47 J2_ J. (") .0 0 C' -.I "1 ~-.: :~ ;~ \:\:... <::> (lIp' <: " ]I %:..'. 'orlO- f :g~ 0" en ' " ~C; '-.;) ~_? ~ h=.tl ....t''') a~ (,'(') ~ J....('- ". u ~ r:- ~ .r:- cc: Dawn Lynn Parker 209 East Garfield Street Shippensburg, PA 17257 James Kenneth Gittings RR '2, Box 962 Colonial Beach, VA 22443 '. Tho dofendllnt is ordered to refmin from hnving nny lllrect or indirect contllct with the pllllntlff Including, but nllt limited to, telephone nnd written commun I cn t Ions. The defendnnt is enjoined from hllrllssing IInd stlllking the plnlntirr nnd from hllrllssing the plnintiff's rellltives, Tho defendllnt Is enjoined fl'llm entering IIml/or telephoning the plllintirr's plnce of employment, The d",fendllnt is enjoined from removing, dllmllging, destroying or sell ing Ilny property owned jointly by the plll'tles Ill' owned hy the plllintirr. A vlollltion of thlR Order IIIIY Rllhject the defendllnt to: i) arreRt under 23 JlII.C.S. !l6113; I I) II privllte l:ri.inlll Cllllpllllnt under 23 I'II.C.S. !l6113.1; Iii) 8 chllrge of illdlrect cri.inlll conte.pt under 23 plI.C.S. !l6114, punlshllhle hy l.prlRonllCllt UII to Rlx ,,"thR IIl1d II fine of $100.00-$1,000,00; IUld Iv) clvi I conte.pt under 23 plI.C.S. !l6114.1. Rellu.ptlon of co-rcllldence on the (lIIrt of the pllllntiff IInd defendllnt Ilhall not nullify the pJ'Ovilllonll of the court order. This Order slulll remllin In effect unti I modified or terminllted hy the Court IInd clln he extended beyollll its Ilriglnnl expirlltlon dnte if the Court finds thllt the defendllnt hilS comml tted IIn /lct of /lbuse or hilS engllged In II pllttern or prnctlce thllt indic/ltes risk or hnrm to the pllllntlff. Tempornry physicllI custody or c'h,dse/l M, Gittings IInd Pllige n. Gittings, Is hereby nWllnted tllthe pllllntlfl', Dllwn I., nllllngs, with pllrtllll custody to the defendllnt every Sundny frnm noon through WednesdllY lit 4: 30 p,m. when the plllintirr shllll pick the children up lit till! dllY cllre pl'llvl,ler's res,lidence. ^ hellrlng shill I I", Ill'IlI nn this millieI' on the ti:-!!- dllY nf Jllnullry, 1'1%, lit ~'" Cc' ''-, m.. I n Court room No. .i.::', C'umher IlIml Count y Courthouse, rill' I is I e I f'ennsy I VillI III . b) On or about December 28, 1995, the pllllnt iff drove to n loelll malt, parked her car, locked the enr doors, and Wl'nt Into the mill I. When she returned to her car after shopping, the cllr wns not where she pllrked It. After sellrching the parking lot, the pllllnt I ff found her Cllr at the other end of the shopping mllll. There were no signs of forced entry IInd the defenrlllnt is the only other person thnt hilS II key to the plaintiff's cnr, c) On or about flecemher 21, IlJ95, the defendant repeatedly telephoned the plaintiff lit her place of employment in spite of her requests not to call her there causing her to fear for her slIfety. d) On or ahout December 20, IlJ95, the defendant repelltedly (approximately 50 times in II 45 minute period) telephoned the plaint iff at home calling her names Illld threatening her by slIying she had better "watch out" cllusing the plaintiff to fear for her safety. e) From approximately December 16, 1995, until December 20, 1995, the defendant telephoned the plaintiff every dllY call ing her names, harassing her, and caUsing her to fellr for her safety. f) On or IIhout December 17, 1995, the defendant clime to the plaintiff's residence, IInd when the plaintiff opened the door, the defendant put his foot in the door, refused to lelIVe, clllled her vile names, threlltened her snying, "You're going to PIlY," causing her to fenr for her safety. g) On or IIhout flecemher lJ. IlJ95, when the plnintiff returned to the marital residence Lo remove her clothing, the defendant jumped in front of her, hlockl~d her from le/IVing, then told her to lenve, nnd threntened thut he would "hurt her" if she did not lenve. h) On or ubout November 'I, 19'15, the rlefenrlunt grnbbecl the plninttrf uncleI' her nrm restrninlng her, When the defendnnt let go of the plnintiff, :-lhe went outside, hut the defenrlunt followed her, grubhed her urm, swung her IIround, /lnd (lushed her into u gluss door with his body cllusing the plnintiff to filiI into the glnss nnd hit the side of her bellll. The derendnnt then opened the glnss door, held the pluintiff's /lrm, und pushed her into 1\ bill' cnusing the plnint irf to hi t the bill' wi th the bnck of her he lid IInd rill I down. The defendllnt grnbbed the plnlnt i ff under her arms, picked her up, screllmed at her ell I I ing her vi Ie numes, IInd pushed her into the bill' IIgllin. The (llnint irr rellred ror herself and their chi Idren who witnessed this incident. When the derendant let go or the pluintlff, she tried to lellve ugain, hut the defendnnt came up behind her, gmbbed her hy the IIl'm /lnd threw her into a brick Willi clluslng the plaintiff to rail, The defendant picked the plaintiff up by her arms, forcerully threw her onto the floor, got on top of her struddling her with his legs und pinned her Ilrms down with his hands. Whi Ie the defendunt rest rained th" plllint i ff and screamed lit her, a neighbor intervenell trying to get the defendant to stop, hut th" neighbor lert reuring the derendunt who screllmed nt her to "g"t the fuek oul." When the dcrcndunt got up off or the pluintlrr, he told her to lellve, IInd liS she WIIS le/IVing, Hhc clllled to her dOll, but before the dog got to the Hcrcen door, th" derendnnt picked the dog up Ilnd thrcw him lit the door. The plnlnt iff wcnt to n frlcnd's housc Ilnd was tnken to thc Cnrlisle Ifospitnl cmcrgency room for treatment of her injuries. The plllint i ff contllcted the Pennsylvllnill Stllte Police. Criminlll hllrllssment chllrges were fl led Ilgllinst the defendllnt. i) On or about October II, 19<)5, the defendllnt kicked the plaintiff in the bllck with his steel-toe,1 work boots liS she WIlS ICllving the mllritlll residence clluslng the plllintiff to fall down concrete steps. The plllintiff, who WIIS in Pllin liS II rcsult of this incident crllwlerl to the Clll' where her chi Irlren, who witnesscd thc incident, were wlliting for her, tIs II result of this incident the plnintiff sough I medlcnl trelltment nt the Cllrl isle Hospital for injuries to her hnck nnd she hlld to undergo several weeks of physiclll thempy, j) In or Ilhout Octoher 10, 1995, the defendnnt pulled the plnlntlff off of the couch onto the floor, strnddled her with his legs, Ilnd repentedly punched her in the forehend cllusing the plaintiff to scream from the pElin. When the chi Idren, who were in another room hell I'd the plllintiff screaming, they became afraid nnd cried. When the defendllnt gol off of the plnint i ff and went into the chi Idrcn' s room, the plllint i ff got her keys nnd left the residence to IIvold further IIhuse. k) On severlll different occasions since 1992, thc defcndant has pushed the plninliff and slllpped her in the fncc. 5, On or IIbout Octoher 10, 1995, the plnlntlff left her residence lit 62 Spring Garden Estlltes, CRrl iRle, CumherlRml County, Pennsylvania, In order to avoid further Rhuse. 6. The plaintiff hel leves nnd therefore livers thllt she Is in Immedinte nnd present dllnger of nhuse from the defendllnt IInd thllt she is in neell of protect Ion frum such nhuse. 7. The plaintiff desires thnt the defemlnnt he prohihited from hllvlng any direct or I ndi rect contnct with the pill i nt i ff I nc I ud I ng, hut not Ilmi ted to, telephone IInd written communicnt ions. a, The plllintiff desires thlit the defendllnt he enjoined from harnssing and st/lIklng the plaintiff, Ilnd from hnrnssing the plaintiff's relntives. 9. The plnintiff desires thnt the defendnnt he restrnined from entering and/or telephoning her plnce of employment, 10. The plnintiff desires thnt the defendllnt he enjoined from removing, dRmnging, destroying or sell ing nny property owned joint Iy hy the pRrt les or ownell hy the plnintiff. n. F.XCJ.lJSIVR POSSF.SSION 11. The IIpartment which the plnintiff is Ilsklng the Court to order the defendllnt to stllY IIwny from is rented In the plnintlff's nil me and the defendant hilS never residell there. 12. The defendant has his own residence locllted Ilt 62 Spring Gllrden F.stRtes, Cllrl isle, Cumherlllnd County, Pennsylvllnlll. C. Sl)PmR'\' 13, The defendllnt hilS Il duty to sUPI~lrt the pllllntlff IInd the minor chi Idren, lit the following IIddrcsses: Slncc their hlrths thc childrcn hllvc ruslded with the following persons and NY!! Defendllnt und Ashten C. Purker, plnfntiff's dllughter hy previous mllrrillge Plaintiff, Ashtcn, IInd pllllntiff's purents. wi 1IIIIm IInd .Iudi th Pllrker OR Dcfendunt IInd Ashten Plaintiff, defendllnt, and Ashten Plaint i ff, defendunl, and Ashten Plaintiff, defendant, IInd Ashten M!!rPsscs ~ 62 Spring (Jllnlen Estlltes Cllrl islu, PA Decemher 25, 1995 to the present 614 Wh i skey Spr i ngs ROlld Aoi I ing Springs, PA October 10, 1995 to December 25, 1995 62 Spring Garden Estates Cllrl isle. PA 62 Spring (Jurden Estates Curl isle, PA March 23, 1995 to Octoher 10, 1995 .Iune, 1993 to March 22, 1995 August 23, 1991 to June, 1993 62 Spring Garden Estlltes Carlisle, PA 7 Pine Roud, Apt. 104 Carlisle. PA The plnintiff, Dllwn L. Gittings. the mother of the children, currently pennsy I vlln ill, resides lit 611A GenevlI Dri ve, Apt. 21, Mechlln i cshurg, Cumber lund County, She is married. The plaintiff currently resides with the following persons: Nue Kllrin Frey Rellltionship her roommllte The defendllnt, the fllther of the chi Idren. current Iy resides at 62 Spring Garden Estates. Cllrl isle. Cumberlund County, Pennsylvllnill. He is mllrried. ,I. I A. Grant a Tempornry Order pursuont to the "Protect ion from Ahuse Act :t1 I. Ordering the defendnnt to refrain from abusing the plaintiff or plncing her in fenr of ahuse. 2. Ordering the defendnnt to refrain from having any direct or indirect cnntllct with the plnintiff including, hut not limitell to, telephone nnd written communications. J. Ordering the defendnnt to refrnin from hnrllssing and stnlking the plnint iff and from hnrassing the plaintiff's re lat ives. 4. prohihit ins the defendllnt from entering and/or te Jephon i ng the 1'111 int i ff' s p Ince of employment. 5. prnhlhi t ins the defemlnnt from removing, damaging, destroying or sell ing property jointly owned by the paTties or owned hy the plllintifr. 6. Ordering the defendnnt to stny away from the plaintiff's residence loc/lted Ilt 611A Gcnevll Drive, Apt. 21, Mechanicsburg, Cumberlnnd County, Pennsylvania, which the pnrties have never shllred, except for the limited purpose of trnnsferring custody of the parties' chi Idren. The defendant will remllin in his vehicle at nIl times during the transfer of custody. 7. Ordering the defendant to stay IlWIlY from nny res Idcnce the plllintlff rnllY in the future estnhllsh for herself, except for the I imi ted purpose of trnnsferrlng custody of the parties' chi Idnm. The derendant wi II remnin in his vehicle at all timcs durin!! the trllnsrer or custody. 8. Grnnt ing temporury physi<:1I1 custody nf Ashten C. Parker, ChelsclI M. Gittings, IInd Pllige R. Gittln!!s, to the plllintirf, Dllwn L. Gi t tings, wi th pllrt illl custody /lw/lrdcd to the derend/lnt every SundllY lit nonn through WednesdllY lit 4:.10 p,m. when the plllintirr wi II pick the children up. B. Schedule II he/lring in IIccordllnce wi th the provisions nf the "Protect ion rrom Abuse ,\ct," /lnd, IIrter such hellring, enter /In order to he in errect for 1\ period or one yellr: I. Ordering the ,Ierendllnt to rerr/lln rrom IIhuslng the plaintifr or plllclng her in rellr or IIbuse. 2. Orclerlng the deremlllnt tn rerrllin rrom hllvinl! IIIlY di rect or indirect cont/lcl wilh the plllintifr inclUding, hut not limited to, telephone /Inti written cnnlmunic/ltions. except to roci I it/lte custo,ly /lrrungements. 3. Ordering the derendllnt 10 rerruin rrom h/ll'llssln!! Ilnd stlllkin!! the pllllnlifr IIml rrom hllrllssln!! the plllintiff's rel/ltives, 4. Prohihiting the defendllnt I' mill entering IIncl/or telephoning the plllintifr's plllce or employment. 5. Prohihit Inl! the deremlllnt 1'1'011I removing, dIlRllIgin!!. destroying or sell ing property joint Iy owned hy the pllrt ies or owned by lhe pl/llnt ifr. 6. Ordering the defendant to stay away from the plaint Iff's residence located at 611A Genevn nrive, Apt. 21, Mechnnicshllrg, Cumberland County, Pennsylvania, which the pnrt les have never shared, except for the I imi ted purpose of trnnsferring custody of the part les' children, The defendant will remain in his vehicle nt nil times during the transfer of custocly. 7, Ordering the defendant to stay aWIlY from nny residence the plaintiff mny in the future estnblish for herself, except for the limited puqxlse of transferring custody of the pnrt ies' chi Idren. The defendant wi II remnin in his vehicle nt 1111 times during the transfer of custody. 8. C1rant ing support to the plnint i ff and the part ies' minor chi Idren, ehe Isen M. C11 t tings /md Paige B. oi t t ings, in an npproprlllte IImount uccording to the support gulclel ines pnyahle to the pllllnti ff In the form of a check or IIK1ney order, mni led to her residence, und ordering the defendant to llrovide health covernge to the plaintiff and the minor chi Idren, clirecting the defendant to pny nil of the unreimbursed medical expenses of the plaint iff nnd minor chi Idren of the defendant to the provider 01' to the plaint I ff when she has paid for the medic/II t rea trnent . 9, Ordering the dcfencllmt to pny reasonnhle attorney fees to Legal Services, Inc, () iJ /,1 0,. 0 ~ IY) f.r; <" l-;: (;< i~ e ~: u~~:; S:;~.J {) c '. :,.: U 0:":- lJ.:: ~:: Cl~:,:'; 0'''' ., ~') ,- or:; 'n =."J ~:':' ~ ~". I lI::: ~ ') -,. f:~t;j C I" 'l.'f: .;:ltt. " "oJ 'j-, "- lL. '0 :.J 0 ~~ 'j U . , , ; ~ 1.1 11 j !." DA WN L. GllTINClS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-0096 CIVIL TERM v. JAMES K. G1lTINGS, Defendant . PROTECTION FROM ABUSE AND CUSTODY PROTECTION ORDEIl AND NOW, this J11~ay of April, 1996, upon consideration of the Consent Agreement of the parties, the fOllowing Order is entered: I. The defendant, James K. Gillings, is enjoined from physically abusing the plaintiff, Dawn L. Gillings, 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 wrillen 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 prohibited from entering the plaintiff's place of employment and from contacting her at her place of employment, except in the event of an emergency concerning the parties' children. 5. The defendant is prohibited from removing, damaging, destroying or selling any property Owned by the plaintiff or jointly owned by the parties, 6. The defendant is ordered to stay away fmm the plaintiff's residence located at , 5208 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, which the parties have c never shared, except for the limited purpose of transferring custody. The defendant shall remain in his vehicle at all times during transfer of custody, 7. The defendant is ordered to slay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody. The defendant shall remain in his vehicle at all times during transfer of custody. 8, This Order shall remain in effect for a period of one year from January S, 1996, or until modified or terminated by the Court. The Order can be extended beyond its original expiration date if the Court finds that the defendant has com milled another act of abuse or has engaged in a pallem or practice that indicates risk of harm to the plaintiff. 9. This Order may subject the defendant to: i) arrest under 23 Pa.C,S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, 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. ~6114, I. 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 and the Pennsylvania State Police shall be provided with certified copies of this Order by the plaintifrs allomey 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 com milled in the presence of a 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 Memorial Day in 1996. Thanksl1vll111: The father shall have the children on Thanksgiving Day each year from 9:00 a.m, until 2:00 p,m. The mother shall have the children from 2:00 p.m. through her regularly scheduled period of custody. ChrlstmllS: The mother and father shall share the Christmas holiday with one parent having the children on Christmas Eve from noon until Christmas Day at noon and the other parent having the children on Christmas Day at noon until noon on December 26. The mother will have Christmas Eve in 1996. F.IIId4!r: The parties shall alternate the following periods on Easter: 9:00 a.m. until 2:00 p.m. and 2:00 p,m. until 7:00 p.m, with the father having the period beginning at 9:00 a.m. in odd numbered years. Mother's Day: The mother shall have Mother's Day from 9:00 a.m. until 9:00 p.m. Father's Day: The father shall have Father's Day from 9:00 a.m. through his regularly scheduled period of custody. Chlldrens' Birthdays: The non-custodial parent shall have a three hour period with the children on their birthdays at a mutually agreed upon time, If the children are in schoot the parties shall share the after-school time. Summer Vacation: The mother and father shall each have one week vacation (including two weekends) in the summer with the children. The mother and father shall give each other 30 days notice as to their intention to exercise summer vacation. 4. The mother and father shall each provide the other with their current residential address and telephone number. S. Neither parent shall take the children out of state for more than two days without prior notice to the other parent of the address and telephone number where the children can be reached. 6. The parent whose period of custody it is shall pick up the children. 7. In the event child care is needed, the custodial parent shall assume financial responsibility for child care costs, 8. The mother and father shall not to become intoxicated immediately prior to or during their periods of custody with the children. 9. The non-custodial parent may have telephone contact with the children once each evening at approximately 8:00 p.m. The custodial parent shall make the children available at that time. 10. The mother and father, by mutual agreement, may vary from the custody schedule at any time, but the Order shall remain in effect until further order of court. II. The parties shall notify each other immediately of medical emergencies which arise while the children are in their care. 6. The defendant agrees to stay away from the plaintiffs residence located at Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, which the parties have never shared, except for the limited purpose of transferring custody. The defendant will remain in his vehicle at all times during transfer of custody. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody. The defendant will remain in his vehicle at all times during transfer of custody. 8. 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 year rrom January 5, 1996, and can be extended beyond it 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 of harm to the plaintiff. 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. G6113; ii) a private criminal complaint under 23 Pa,C.S. G6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. G6114, punishable by imprisonment up to six months and a fine of StOO.OO-$t ,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. II. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their children, Chelsea M. Gittings and Paige B. Gittings. a) The mother and father will share physical and legal custody of the children. b) The father will have custody of the children on alternating weeks as fo\1ows and the mother will have the children at a\1 other times: Week I: From Sunday at 12:00 noon until Thursday at 4:30 p.m. Week 2: From Sunday at 12:00 noon until Wednesday at 4:30 p.m. Six times each year the mother will have the option of keeping the children until Sunday at 7:00 p.m. or until Monday Ilt 7:00 a.m. upon reasonable notice to the father. The father and mother will share custody at other times mutua\1y agreed upon by the parties, c) Custody on holidays will be as fo\1ows: Memorial Day. July 4th. and Labor Day: The parties will alternate these holidays from 9:00 a.m. until 9:00 p.m. with the mother having Memorial Day in 1996. Thank$gIYln,: The father will have the children on Thanksgiving Day each year from 9:00 a.m. until 2:00 p.m. The mother will have the children from 2:00 p.m. through her regularly scheduted period of custody. Christmas: The mother and father will share the Christmas holiday with one parent having the children on Christmas Eve from noon until Christmas Day at noon and the other parent having the children on Christmas Day at noon until noon on December 26. The mother will have Christmas Eve in 1996, F.JIder: The parties will alternate the following periods on Easter: 9:00 a.m. until 2:00 p.m. and 2:00 p,m. until 7:00 p,m. with the father having the period beginning at 9:00 a.m. in odd numbered years. Mother's ~y: The mother will have Mother's Day from 9:00 a, m. until 9:00 p.m. Father's Day: The father will have Father's Day from 9:00 a, m. through his regularly scheduled period of custody. Chlldrens' Birthdays: The non-custodial parent will have a three hour period with the children on their birthdays at a mutually agreed upon time, If the children are in school the parties will share the after-school time available. Summer Vacation: The mother and father will each have one week vacation (including two weekends) in the summer with the children. The mother and father will give each other 30 days notice as to their intention to exercise summer vacation. d) The mother and father will each provide the other with their current residential address and telephone number. e) Neither parent will take the children out of state for more than two days without prior notice to the other parent of the address and telephone number where the children can be reached. t) The parent whose period of custody it is will pick up the children. g) In the event child care is needed, the custodial parent will assume financiat responsibility for child care costs. h) The mother and father agree not to become intoxicated immediately prior to or during their periods of custody with the children. i) The non-custodial parent may have telephone contact with the children once each evening at approximately 8:00 p.m, The custodial parent will make the children available at that time. j) The mother and father, by mutual agreement, may vary from the custody schedule at any time, but the Order will remain in effect until further order of court. k) The parties agree to notify each other immediately of medical emergencies which arise while the children are in their care. I) The parties realize thatlheir children's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. WHEREFORE, the parties request that a Protection and Custody Order be entered to n L. Git(!ti ,Pllii tiff C . If- 10/ (. -{ , , Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Robert L. O'Brien Attorney for Defendant O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA t7013 ~ ~ ~'1 'L~ U f\ ~ ~t ~ ',- i: , , /:1 . \.l.~ , ( . i , , ~ l. ~ " ! r. , : , " '-', ., j " , , ( . . .. * C;oI.-JC\ L,\I'('\ fbr'Le r Plaintiff : IN TIlE COURT OF COMMON PLEAS OF :CU/.mERLllND COUNTY, PENNSYLVANIA V * Jan\c~ '(.eil11C-\-\' G; rnng:> Defendant . . :CIVIL ACTION - LAr., . ;NO. C,(J'f(o CIVIL :CUSTODY/VISI-TATION 19" to " " ORDER OF COURT" AND NOW, this (date) '8/2>UIQl, upon consideration of the attached complaint, it is hereby directed that the arties and their respective counsel appear before ~\-' . '("- -.'>C , the conciliator, at, LIt> . . ( <( ,.rl , on tlie ,::)S day of ,'(~t;. t-er-c"'\h(' (' , 19"11 , at ID: ~r) f>.... H.., for a Prehearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if th1scannot.be accomplished, to define and narrow the issues to be heard 'by the court, and to enter into a tempora.ty order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandato.ty. Failure to appear 'at the conference 'may provide grounds for ent.ty of a temp~ra.ty or permanent order. FOR '.rHE COUR'.r: By: ~~~~irlJio~~(]~' YOU SHOULD '.rAKE '.rHIS PAPER ro YOUR LAWYER A'.r ONCE. IF YOU DO NO'.r HAVE A LAWYER OR CANNO'.r AFFORD ONE, GO TO OR TELEPHONE '.rHE OFFICE SE'.r FORTH BELOW ro FIND OU'.r WHERE YOU CAN GE'.r LEGAL HELP. OFFICE OF THE COUR'.r ADHINIS'.rRAroR COURTHOUSE, FOUR'.rH FLOOR CARLISLE PA 17013 (717)240-6200 . . t i I FIlW'OFF:CE OF 'I,": 1",'i"'''''OT.'''RY '. '."."\ t'U 97 AIm ~o F,'j .1::n C' 1\ .'.. ',,', "'.', 1,;",.';:, .,.. 'IC> ll'l:Ni't i'd>;'\"JvL"I\I',\ . I, .,,;,_ 1f~ ,91 (J~ I. t~ ;I.~.!I./ 7J 4-{ ~<,;"L -S"~ 0 '/./;''k( Im~tfJ/ Z dLf!. llbl? C/) L~ ,ak:( -I., 7'1 ~~r ~ . VERIFICATION I, DAWN LYNN PARKER, hereby verify and state that to the extent that the foregoing document contains facts supplied by me, they are true and correct to the best of my knowledge, information and belief; however, to the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that false statements made herein are subject to the penalties of 18 Pa, C.S.A. 54904, relating to unsworn falsification to authorities. DATED: tIS/ill .... / / '; " .. , , DAWN L. GITTINGS, Plaintift v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-9696 CIVIL TERM JAMES K, GITTINGS, Defendant PROTECTION FROM ABUSE AND CUSTODY IN RE: PETITION FOR PROTECTION ORDER AND CUSTODY ORDER OF COURT AND NOW, this 15th day of January, 1996, upon consideration of the Petition for procection Order and Custody, and counsel tor the P1aintitf, in the person of Joan Carey, Esquire, and counsel for the Defendant, in the person of Robert L, O'Brien, Esquire, having indicated in open court in the presence of the Defendant but not in the presence of the Plaintiff, who has apparently been delayed by traffic conditions, that an agreement is likely to be forthcoming in this matter, and both counsel having requested a general continuance for the purpose of facilitating that agreement, the request for a general continuance is granted, and counsel are requested to notify the Court at such time as either wishes a rescheduling of the hearing in this matter. Pursuant to agreement of counsel, the Temporary Protection Order entered on January 5, 1996, shall remain in full force and effect pending further Order of Court, By the Court, J. Joan Carey, Esquire Legal Services, Inc. Counsel for Plaintiff ~obert L, O'Brien, Esquire Counsel for Defendant : slr received ~ TRUE COpy FROM RECORD In Testlmonv whereof, I her~ unto set my hind and the seal of said Court at CarlisI., PI, Thls,...J..1.,-!J::. day of ....~,.'..,' 19..?,(a ..........."n?:hhnJ;:~..,p~~~'..HHHM.. , . ..w The defendant is ordered to refrAin from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering and/or telephoning the plllintiff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff, A violation of this order aay subject the defendant to: i) arrest under 23 Pa,C.S, 86113; ii) a private cri~inal complaint under 23 Pa,C,S, 86113.1; iii) a charge of indirect cri.inal conte~t under 23 Pa,C.S. 86114, punishable by i.priso~nt up to six ~nths and a fine of $100,00-$1,000,00; and iv) civil conte.pt under 23 Pa.C.S. 86114.1. Resu.ption of cD-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall rellain in effect unt i 1 modi fied or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has commi tted an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. '\ I I " (l'''~':'' .-\~",.....v... _.. and Paige B. Gittings, Temporary physical custody of Chelsea M. Gittings is hereby awarded to the plaintiff, Dawn L. Gittings, with partial custody to the \.....:'~~ 1- ..r:..L..:('lC',...... S\"I~""~ 4-"'~\.. ~~ 3L lj- """.n'::. defendant every Sunday from noon through Wednesday at 4:30 p,m, when tile plaintiff shall pick the children UP at the day carp prnvirlpr's resdidence. _ ~u;.h '2. \\on~ -:"J_"-~ -+"'" "F-3("' ('_.....~w~ A hearing shall be held on this matter on the It da)' of January, 1996, (i ,'0'-' .1 .5 ~ '-' "-,m, , in Courtroom No,___, Cumberland County Courthouse, Carlisle, at Pennsylvania. ~ '" h: j'. IU~" 0' I',' '- . I.:' t) ~ ,1" lTil ~', ! I . u.. " " t'; ... o 3 I>< . i~i ~II ~ '" 8 ~u ~ .... , . ,., c.~:J .: ""~ ; ~: : .1..... ,'-- .,. .,., c-.) , ., '.:-:-; n- 'ii '.l.. I .'~~ \.,1 .' f&l J ...u ~~ ........ ~~ %:,.;1 .... u ~ u . tIl " :z: ....... I::~ tj~ .... ...i:'i I>< ! Q . tIl " ~~ ~~ ~Q ..., ~ .., ~ ~ ~ ~ i ~ ~ ~ ~ ~ ~ ~ ~ 5 ~ ~ i:3 :: oJ) o ~ , ~ ,.;I H ~ U '" '" '" '" , '" '" o :z: , . .~ . ..if' ~'1,. \., , .......... '':1 " \ ~ M :i ~ 4 ~ . ; ., CEIlTIFICNrION OF PFA CONTEMPT Case Number 96- q{g CWd r~ Name ~ 1(, 1b:.i:tM,~ Gl ~ /}~ tda};J_ ~ fA /7013 , Victim's Name: ~~1L Balance Due: $ Ilq, rgO 170 State Surcharge ADD DELETE $~5"1 00 $ $ $ $ 1. tf: 30 $ $ 10,00 $ $ 15,00 $ - 171 State Fine 260 Sheriff Cost ($1.50 + any addtl) 207 District Attorney 204 Court Costs (Clerk of Court) 502 Restitution Name 1?~ 'L.- &II-~~~ Address $ 4S: 5'0 $ City State Zip Name $- $ - Address ~ ~S:Oc) fd. 7-1-'16 tk... g 312. - c1P..It..1 ~, I <t.+J./ ~ -:rFP~. i City Sta Name Address City St, Prothonotary Office Person CertifYlng Information ~ffi (/~ Date C, 11719iJ , I DAWN L. GITTINGS, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ,,0,/(. 96-9696 CIVIL TERM JAMES K. GITTINGS, Defendant PROTECTION FROM ABUSE AND CUSTODY IN RE: PETITION FOR PROTECTION ORDER AND CUSTODY ORDER OF COURT AND NOW, this 15th day of January, 1996, upon consideration of the Petition for Protection Order and custody, and counsel for the Plaintiff, in the person of Joan Carey, Esquire, and counsel for the Defendant, in the person of Robert L. O'Brien, Esquire, having indicated in open court in the presence of the Defendant but not in the presence of the Plaintiff, who has apparently been delayed by traffic conditions, that an agreement is likely to be forthcoming in this matter, and both counsel having requested a general continuance for the purpose of facilitating that agreement, the request for a general continuance is granted, and counsel are requested to notify the Court at such time as either wishes a rescheduling of the hearing in this matter. Pursuant to agreement of counsel, the Temporary Protection Order entered on January 5, 1996, shall remain in full force and effect pending further Order of Court, By the court, r'" I::: to) '':'1 '-', 'q - " ~ ;::'1 ," ,., ., -, .1 'J !?-) .,'" I 'J , '., l~ -. .' t J -. ('iffl .. ,:! .~"l ,- ::1 .' -.. :', , . pi ~ ..r', ,'-t: " ;1, :l Joan Carey, Esquire Legal Services, Inc, Counsel for Plaintiff C. ~J.LlA-' rll..(1..'-C~.{.( ///'7I'l~. .,j' ,,". Robert L. O'Brien, Esquire Counsel for Defendant :slr DAWN L. GITTINGS, IN THE COURT OF COMMON PLEAS OF Plaintiff , CUMBERLAND COUNTY, PENNSYLVANIA . v. CIVIL ACTION - LAW PROTECTION FROM ABUSE JAMES GITTINGS, . . Defendants 96-0096 CIVIL TERM IN RE: SENTENCE ORDER OF COURT AND NOW, this 12th day of June, 1996, the Defendant, James Gittings, now appearing in court with his privately retained counsel, Robert O'Brien, Esquire, and having previously been found guilty of indirect criminal contempt with respect to the Protection From Abuse Order previously entered in this case, the sentence of the Court is that the Defendant pay the costs of prosecution, and any surcharge and other fees connected with the Protection From Abuse proceeding, and that he undergo imprisonment in the Cumberland County Prison for a period of seven days, followed by a period of five and a half months parole with supervision. Work release is authorized for the Defendant. By the Court, THOMAS A. PLACEY, ESQUIRE Assistant District Attorney ROBERT O'BRIEN, ESQUIRE For the Defendant ~'~K "/1'1 hID, I .:;" t . Probation wcy COJOIOIIWEALTH VS : IN THE COURT or COMMON PLEAS or : CUMBERLAND COUNTY, PENNSYLVANIA : PETITION: 96-15 : NO: 96-0096 CIVIL TERM CHARGE: PROTECTION rROM ABUSE JAMBS CITTINGS OTN: : AFFIANT: ATTORNEY: ROBERT O'BREIN, ESg, IN THE CASE or JAMES GITTINGS, UNDER PAROLE rROM THE CUMBERLAND COUNTY COURT or COMMON PLEAS, PETITION rOR REVOCATION or PAROLE To the Honorable Judges of Cumberland County Courts, On 6-12-96, the defendant was sentenced by Judge J, Wesley Oler, Jr, to pay the Costs of Prosecution, and any surcharge and other fees connected with the protection from above proceeding, and undergo imprisonment in the Cumberland County Prison for a period of 7 days, followed by a period of 5 1/2 months parole with supervision, On 6-19-96, the subject signed his parole conditions and was released from Cumberland Count Prison, Subject has violated his parole conditions in that he ^aile~to remain on good behavior on two occasions, :" , - A) , On 8-18-96, the subject was arguing with Dawn and while handing her a large birthday presen the box into her chest almost knocking her n, On 9-4-96, the defendant was again arguing w.i,t;li wn Gittings and threw a suitcase bag at her, striking he~in the leg, THEREFORE your petitioner prays this Honorable Court to determine whether there has been a parole violation and if so, whether the parole heretofore granted should be revoked, B) I verify that the facts set forth in this petition are true and correct to the best of my knowledge or information and belief, This verification is made subject to the penalties of section 4904 of the Crimes Code (18 PA C,S. @4904) relating to unsworn falsification to authorities, Respec~full SUbmitted, ',h ,//-" ~.. /L- Lyle M. Herr, Pet toner {''I ) , , '. r~ - ""- U~ .. I.' N "S \'1 ,-. LLJ--;: (.)-,' II.' ..-,'; [E!' L1.. .);.~ ,l ", ;:j 01- 1--"" C ' ,- @: ;;"-J ';'1) ~ ') '-... ,,1.) cttl c._ ;if1J t'.l ,'"" " LJ .! ...tl:~ . <I, l!. ',0 ~:) c' C'> (,) " ," TRANSCRIPT OF TAPED CALLS ON ANSWERING MACHINE OF DAWN GITTINGS MAY 13, 1996 DAWN L. GITTINGS, Plaintiff v. JAMES GITTINGS, Defendant 96.0994 CML TERM TRANSCRIBED BY: SHELLY L, DEITCH AT THE REQUEST OF CHIEF DEPUTY DISTRICT ATTORNEY JONATHAN R. BIRBECK, CUMBERLAND COUNTY DISTRICT ATTORNEY'S OFFICE PROOFED BY: THERESA E, BUSBY AT THE REQUEST OF CHIEF DEPUTY DISTRICT ATTORNEY JONATHAN R. BIRBECK, CUMBERLAND COUNTY DISTRICT ATTORNEY'S OFFICE COll1nlonw(.()lth \ EXHIBIT 11t.:,1/?~,1 {p."'1 JAMES GITTINGS: It just goes to show me how much you think of your children, Dawn, just as much as I always thought. You didn't have your god damn boy friend tell my little four year old girl to kiss his ass, but yet I can get no explanation from their mom, That's alright, like I said before, both of you will pay eventually for what has gone on, and believe me you know, Dawn, I do not play, ANSWERING MACHINE: Tuesday, 5:03 a,m, (beep) JAMES GITTINGS: And this, this is to the point ,.. dare me, stop playing, I'm very, very, very, pissed. I have been for the last five hours, Ask me if I'm kidding and you'll find out new friends that I have and laugh at me, and tease me, but the two of you will find out who is playing and who is not, Dare me, please, ANSWERING MACHINE: Tuesday, 5:05 a,m, (beep) JAMES GITTINGS: I expect to talk to your answering machine before you even answer the phone, but it just goes to show me, Dawn, how much of a fuckin' woman that you are to let someone, asshole talk to our children like I've been told tonight and, yes, I am extremely, extremely pissed off, and it just goes to show me that you would sleep next to an asshole like that just as you are, And remember, Dawn, you blame me, you taunt me, but you're the asshole, not me, and you're sleeping next to an asshole. ANSWERING MACHINE: Tuesday, 5:15. (PLEASE NOTE ANSWERING MACHINE DOES NOT REFLECT CORRECT TIME) DAWN L. GITTINGS, IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION - LAW . . PROTECTION FROM ABUSE . JAMES K. GITTINGS, . . Defendant . No. 96-0096 CIVIL TERM . IN RE: PETITION FOR REVOCATION OF PAROLE ORDER OF COURT AND NOW, this 24th day of september, 1996, upon consideration of the petition for revocation of parole in the above-captioned matter, and the Defendant having appeared in court with the Public Defender, H, Anthony Adams, Esquire, and having declined to admit the allegations of the petition, and the Plaintiff having failed to appear notwithstanding that she had received personal notice of the time and place of the hearing through a telephone conversation, the petition for revocation of parole is DISMISSED. the Court, JAIME M. KEATING, ESQUIRE Assistant District Attorney _ .,,, r, e.~ ?~ H. ANTHONY ADAMS, ESQUIRE IO!J!4. - .~....- Assistant Public Defender Lyle Herr, Probation Officer wcy \.' 11'- !~:11.";' t,,:-, I I ,!,'" . ,. ... "'-,),i ...:! 1';':'; I' .' ,'" C..' J' II . J " .., },!_~.;~.. . -- . J,-):::...U j.~ j, i