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Home My WebLink About00-04806 , -, .", "-^"'~' ,,-,'.' ,,;,' ____d'- '""-"<i ANGELA MARIE WILSON, and on behalf of her minor children: AUSTIN DALTON SWARTZ, and COURTNEY LORENE SWARTZ, Plaintiffs vs. CHAD EVERETT SWARTZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- 'I~ot CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foRowing papers, you mUlIt appear atthe hearing scheduled herein, If you fail to do so, the calle may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. '~ A bearing on tbis matter is scbeduled ontbe 1"lday ofJuIy, 2000, at 3: ~o tm., in Courtroom No. L , 4th Floor, Cumberland County Courthouse. 1 Courtbouse Square, Carlisle, Penn lvania. You MUST obey the Order that is attached until it is modified or tenninated 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 ofindirectcriarinal 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. ~61 14. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimell 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 sbould take tbis paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Dillabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individualll having businesll before the court, plel\$e contact our office. All arrangements must he made at least 72 hours prior to any hearing or business before the court. You must attend the $Cheduledconference or . , , , " ,,'" , I - I I ,,,, l' [ " 11' . , ~ ' ',i' \ " I t I i.', '" I :-! ! I ": hearing. ' , , , ",' "'.. ,', " ,. .f' -",'"' "" I ,I , I , ) i " Ii :1 'I I , II II II I I I I I ;1 ANGELA MARIE WILSON, and her minor children: AUSTIN DALTON SWARTZ, and COURTNEY LORENE SWARTZ, Plaintiffs : In The Court of Common Pleas : of Cumberland County, : PENNSYL VANIA : Civil Action - Law v. ; No. (){J- r; pOt. d;;;:;t -r:-. . CHAD EVERETT SWARTZ, Defendant : Protection From Abuse & : Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: CHAD EVERETT SWARTZ Defendant's Date of Birth is: February 6, 1977 Name(s) of All protected persons, including Plaintiff and minor children: 1. ANGELA MARIE WILSON 2. AUSTIN DALTON SWARTZ 3. COURTNEY LORENE SWARTZ AND NOW, on 6th Day of July, 2000 upon consideration of the attached Petition for Protection from AbUlle, the court hereby enters the following Temporary Order: Plaiutiff's request for a temporary protection order is granted. 1. Defendant shall not abulIe, haralls, stalk or threaten any of the above persons in any place where they might be found. "' 7 '~' ,. , . ,..".,: - ~- > . O"~'""__j 2. Except for such co~act with the minor child/ren as may be pennitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintifl's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's residence located at: 4 North High Street. Newburg. PA 17240 Plaintiff's place of employment: Whever that may be Day care facility of the minor children: Wherever that maybe 3. Except for such contact with the minor child/ren as may be pennitted under paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other person proteqted under this Order, by telephone or by any other means, including through third .persons. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. AUSTIN DALTON SWARTZ 2. COURTNEY LOHNE SWARTZ Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Pending further Order after the hearing scheduled in this matter Defendant shall hav.e supervise.d visitation with the children in the presence of a mutually agreed third party lilt times and places mutually agreed by the parties. Defendant may contact Plainltiff'smother by telephone for the limited plllrpose of arranging supervised visits with the children. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. ." -, !~, . '~.' "i[f':-.; 5. The following additional relief is granted: Tbe Cumberland County S~erit1's Department shall attempt to make service at Plaintiff's request and withont pJ'e-'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 Defendant by mail. . Tbis Order shall remain in .ef1rect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff andlor the minor children. Defendant is prohibited from having any contact with Plaintiff's relatives and/or the minor children listed in this petition, except as the court may fmd necessary with respect to partial custody andlor visitation with the minor children. Defendant ~ enjoined from damaging or destroying any property owned solely by Pla'intiff. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: PENNSYLVANIA STATE POllCE 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of COlltS. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 8. THIS ORDER SUPERSEDES ANY PRIORPFA ORDER ANY PRIOR ORDER RELATING TO CHILD CUSTODY 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JANUARY 6, 2062 OR UNTIL OTIIERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. -c-, ~~ ' " '_ 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 $1,000.00 and/or up to six months injail. 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa. C.S. ~6113. Defendant ill further notified that violation of this Order may subject himlher to IItate charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order, defendant shall be arrested on the charge of In direct Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sherifl's office of the county which Ulllued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. 0"" ~ h ? ( .ODf) Date Q l,_,. -c1s fTi (n . ~~n &j~'D: -(:-"~. r::::-C) ~o --0 :;Pc z :.2 Distribution to: LEGAL SERVICES, INC. Joan Carey, Attorney fur Plaintiff - ~11CS f~~.1fy 9;(.)$<.J-L{S C,flU n1'iill~ ~~l: kt.cC-ts. p~ P - ?';'/tJO Faxed & Mailed to PSP (~) ,'::::~ ~~,'~ ~"-";; -'1 ,"- ::'~i. ':~n ---' '.-" :.:1 ~~~) I C' ~'D -'- <;::::-.i, ~"'-:-~ c) c5'" =;;\ ~ 1>: c- o =" '.0, ~ '", '" ",~."" ; PF AD Number: PAII05904M ANGELA MARIE WILSON, and her minor children: AUSTlNDALTON SWARTZ, and COURTNEY LORENE SWARTZ, Plaintiffs : In The Court of Common Plell$ : of Cumberland County, : PENNSYLVANIA : Civil Action - Law v. . ; No. IXJ - L/f<<- ~ ~ CHAD EVERETT SWARTZ, Defendant . : Protection From Abuse & : Custody PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: ANGELA MARIE WILSON 2. I, (the Plaintift), am filing this Petition on behalf of: - myself - and as Parent of minor Plaintiff(s) 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. ANGELA MARIE WILSON b. AUSTIN DALTON SWARTZ c. COURTNEY WRENE SWARTZ 4. Plaintiffs Addr6$s is : 4 North High Street, P.O. Box S3, Newburg, PA 17240 5. Defendant's Name is: CHAD EVERETT SWARTZ .,. '.;.,;~ ;"'-"0, 6. Defendant is believed to live at the following address: 153 Kline Road, Shippensburg, PA 17257 7. Defendant's Date of Birth is: February 6, 1977 8. Defendant's Place of employment is: Berk's Body Shop, 11967 Forge Hill Road, Orrstown, PA 9. Defendant is an adult. 10. The relationship between the PlaintifIand the Defendant is: Parents of the same children Current or former sexual/intimate partner 11. The defendant has been involved in a criminal court action. 12. The defendant is not currently on probation I parole 13. Plaintiff and Defendant are the parents of the fullowing minor child/ren: a. AUSTIN DALTON SWARTZ Age: 2 years old Child's address is: 4 North High Street, P.O. Box 53, Newburg, PA 17240 b. COURTNEY LORENE SWARTZ Age: 1 year old Child's address is: 4 North High Street, P.O. Box 53 , Newburg, P A 17240 14. Plaintiff is seeking an Order of child cumody 3$ part of this petition. The following is a list of the children and where they have live for the past 5 years: a. AUSTINDALTONSWARTZ For the pam 5 years, this child has lived with: Plaintiff, her mother and step-father, Wanda and Roy Mason, and her half-sister, ,c~ _, .' ~ ",~;,;c~ ,." , ' , . ,. ,,' ." --.~ .'-L;"~.lJ Jaime Mason, at 4 Nortb Higb Street, Newburg, PA, from 4/00 to tbe present Plaintiff and Defendant, at 3225 OrrstOWB Road, Orrstown, PA, from 2/00 to 4/00 Plaintiff, ber mother and step-fatber, and her sister, Jaime, at 4 Nortb Higb Street, Newburg, PA, from 8/99 to 2/00 Plaintiff and Defendant, at Roxbury Ridge Apartments, 106 Meadow Drive, Sbippensburg, Pi\. from 3/99 to 8/99 Plaintiff,ber mother and step-fatber, and ber sister, Jaime, at 4 Nortb Higb Street, Newburg, PA, from bis date ofbirtb on 6/18/98 to 8/99 b. COURTNEY LORENE SWARTZ For the past 5 years, this child has lived with: Plaintiff, ber mother and step-fatber, Wanda and Roy Mason, andber balf-sister, Jaime Mason, at 4 Nortb High Street, Newburg, Pi\. from 4/00 to tbe present Plaintiff and Defendant, at 3225 Orrstown Road, OrrstOWB, PA,from 2/00 to 4/00 Plaintiff, ber mother and step-fatber, and ber sister, Jaime, at 4 North High Street, Newburg, P A, from her date of birth on 7/399 to 2/00 15. The facts of the tno$\ recent incident of abuse are as follows: On about Friday, June 23, 2000 location: At the residence of Loria R\IIsseD in Shippensburg, Plaintiff's cousin On or about June 22, 2000, Defendant tbrew a wrencb at Plaintiff. 16, Prior incidents of abuse that the Defendant has committed agairu;t Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: On or about June 18, 2000, Defendant told Plaiutiffto take him up to tbe mouutains so he could "," , '~ ~--, "-~""~j die, and asked her to kill him. Earlier the same day, as Plaintiff was driving Defendant. their 2-year-oId son, Austin, and P1aintitl"s minor sister, Jaime, back to Plaitifl"s residence, Defendant threatened Plaintiff saying that he could take everything away from het, grabbed the steering wheel and jerked it about, causing the car to veer off of the roadway onto the berm of the road narrowly missing a pole. Defendant tried to grab the steering wheel a second time, but Plaintiff was able to steady the car. After they arrived at Plaintitl"s residence, Defendant threatened to hreak out her car windows and repeatedly kicked the inside of the car door. When Defendant left the car, Plaintiff locked the car doors. Defendant yelled and sCreamed, made a fist and raisedbis arm back, and threatened to punch the window. Later tbat day, as Plaintiff agreed to drive Defendant home, Defendant reached over and turned the key in the ignition, shutting otTthe car. When Plaintiff started the car and resumed driving, Jl)efendant turned the car off a second time, and took the keys out of the ignition, causing the car to stop in the middle of the road with a car approaching from behind. Defendant threw the keys at Plaintiff, who got the car started and out of the way before an accident occured. In or about March 2000, Defendant grabbed Plaintiff by the shoulders and arms, and shoved her against the waD. The foBowing day, Plaintiff told Defendant that she was leaving, andwhelJ she tried to telephone a friend to come get her, he grabbed the telephone from her hand and threw it into another room disabling it. On two separate occasions, from approximately February through March 2000, Plaintiff entered Courtney's room (the parties' then 7-month-old daughter), and saw Defendant holding his hand over the baby's mouth. When Plaintilf asked, Defendant what he was doing, he told her that the baby would not stop crying, and that he told the baby to shut up. Plaintiff intervened and cared for the bally. In or abont early February 2000, Defendant grabbed Plaintiff by the arms and shoved her down onto the couch. Since approximately 1997, Defendant has abuse Plaintiff in ways including, but not limited to the following: shoved and grabbed her; puUedher hair; threw household items at her, punched holes in w1ll1s. During one incident, Defendant broke apart his dresser and threw the boards at Plaintiff hitting her on the arms lUld legs. Defendant repeatedly forced Plaintiff to engage in sexual relations with him despite her teBingJiim that she did not want to; threatened to beat her; grabbed the telephone from her, poDed the telephone cord from the wall jack, and/or smashed the telephone to prevent Plaintiff from calliDg for help; laid under her car to keep her from leaving, blocked doorways, and locked doors to prevent Plaintiff from leaving; tried to isolate her from friends and family memhers, and monitored her activities. Defendant grabbed Plaintiff while she held their son, Austio,cansmg her to fear for his safety and her own; called her and the children names; grabbed the children by their arms, lifted them up off of the Ooor, and threw them onto the cooch, and kicked Austin in the buttocks on one occasion when the child was a year old, eausing him to fall face-forward to the Ooor, traumatizing the child. Defendant has grabbed Plaintiff's eat by the neck and thrown it across the room. On several occasions Defendant has threatened to kill himself and has also told Plaintiff that he wanted her to drive '--' ",' ~" c.~ _u', ",' , '" ",'Cr.-.- ~ , ,-, "I over him and kiD him causing Plaintilf to fear for her safety and that of her children because of Defendant's instability and the history of abuse. 17. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: PENNSYLVANIA STATE POLICE 18. There is an immediate and present danger offurther abuse from the Defendant. 19. The Defendant owes a duty of support to Plaintiff and/or minor child/ren. 20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORAllY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Pending further Order after the hearing scheduled in this matter Defendant shaB have supervised visitation with the children in the presence of a mutuaBy agreed third party at times and places mutuaBy agreed by the parties. Defendant may contad Pllaintift"s mother by telephone for the limited purpose of arranging supervised visits with the children. c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, busin6$s, or place of employment, except 3$ the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintifl's children listed in this petition, except as the court may find necessary with rellpect to partial custody and/or visitation with the minor child/ren. e. Order Defendant to pay temporary support to Plaintiff and/or the minor child!., including medical support . f. Order Defendant to pay the costs of this action, including filing and service fees. , ~ ."~ ,', .. " " ,,'o'J g. Order the following additional relief, not listed above: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and withont 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 Defendant hy mail. This Order shall remain in effed until modified or tenninated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or her minor children. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is ordered to pay $250.00 to reimburse one ofLegaI Services, Ioc.'s funding sources toward the cost oflitigation in this case. h. Grant such other relief as the court deems appropriate. 1. Order the police or other law enfurcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: 1/5/n; I Carey, Attome or Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~ -, ' C;"'-"'-:'i'j_" r-; \ ' VERIFICATION I veritY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any faille statementll are made subject to the penalties of 18 Pa.C.S.~4904, relating to unsworn falsification to authorities. I'; Dated: b - d 9' -- rJO -irm~M.l!'~'"'-1~~Ji~Miii!IIIi'I'I!$*j(W:~lm~",JM,~!h'i!];!ll&>tcl.1i~~~~~&-ti.U.-'l.lb~lM~ U llRJ .illlilg~__i,ili~ ' \~ \ ~' i \\:0 ~.~ . \ t \ () -o~ [T'JIY; 7-1J ~i~ r:: fj <-, -, ZC) "i-O ---,.~~ Z ::;! '~- Cl o () -n ::;J ...-'--"""" ,--;li'~ :~rZ -:T:-::'::; r.\ _~: :ccC) ()fll -,~'1 ~- s:: -< - f~ I en -C) ::.;"-: ".. .~ I'j .~ .", 07/06/00 THU 14:08 FAX 717 240 6573 CUMB CO PROTHONOTARY ~001 , . ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 1974 92490779 07/06 14: 03 05'25 9 OK >,- ," _ '",,'d "'. ,,","_", '"'..;.',;~::: ANGELA MARIE WILSON , and her minor children: AUSTIN DALTON SWARTZ and , COURTNEY LORENE SWARTZ, Plaintiffs : In The Court of Common Pleas : of CUMBERLAND COUNTY, : pennllylvania : Civil Action - Law v. : No. 00-4806 . CHAD EVERETT SWARTZ, Defendant : Protection From AbulIe & : Custody CONTINUED TEMPORARY ORDER AND NOW, this 13th Day ofJuly, 2000, pursuant to 23 Pa.C.S. ~6107(c), the terms and conditions of the Temporary Order issued on 6th Day of July, 2000, in the above-captioned case are hereby continued in full force and effect until further order of the court. A hearing on this matter is scheduled for the August 17, 2000, at 3:00PM in Courtroom NO.1 of ,the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Distribution To: LEGAL SERVICES, INC. Joan Carey, Attorney for Plaintiff ~ i /,.S Chad Everett Swartz, Defendant ~ '1~/3' {rb 153 Kline Road CAti Shippensburg, PA 17257 FAXed and mailed to PSP 1-/3.if\J ~1~~!ali~i!l~~ij;~~~~:it~~\,,~JllWIi'" tf i ~ ~ ~ ~ ~ 10 , AIloI<l~ ',= - 'BII.-.wlIl o C =c -065 rnrY1 2-;::1 ~~~ ~CJ j:-';--....... z,,-' 5>2: ~ ~., =< "....................- ,- b <...-; --'rl '- :.7.: c- I-Ii,=-' ,', '.''''t') ,r~' --1:::,,-' :b C) ;-.1 '.~ -" [-...) o " _'_J -< .O'~ , . ,'.."--' ':"--'t;,,,\ ANGELA MARIE WILSON, and on behalf of her minor children: AUSTIN DALTON SWARTZ, and COURTNEY LORENE SWARTZ, Plaintiffs vs. CHAD EVERETT SWARTZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-4806 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE Plaintiff; Angela Marie WU$On, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned calle on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on July 6, 2000, scheduling a hearing for July 17, 2000, at 3:30p.m. in Courtroom No.1. 2. The Cumberland County Sheriff's Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence, 153 Kline Road, Shippensburg, Cumberland County, Pennsylvania, on July 7,2000, at approximately 5:00 p.m. 3. Defendant indicated to Legal Services, Inc. staff on July 13, 2000, that he desired legal representation in this matter and requests that the hearing scheduled for July 17, 2000, be rescheduled to afford Legal Services, Inc. time to retain pro bono representation for him. 4. The partiell agree that the hearing be rescheduled pending a hearing in this matter. 5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect pending a hearing in the matter. 'WT.. "S, ' . - .~ . ,.-,;;' ,,,,,,~-, ~:: '-~ WHEREFORE, Plaintiff requems that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect pending a hearing in the matter. Ro~~ ^ ~f. ~ Joan Carey Philip C. Briganti Andrea Levy Maryann Murphy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 '.liI_itJi1~.~iOll!.~~ItmW.fi","I,..~~illii..a. ~"~ ~. ~.III.jlllf_lf""" JiM Mlr 1iIiIIilii\lm.I'Jl~ (') 0 C CJ ~: ~:.:::: .--1 -r) C'"" rn ,,1 ..-- Z ::c. ZC" ., ~2~Y:" Co r~ ,'''~.- '-.. ci :::~ I '~J ).;- ,.-.. ..--,~ ~(~ ,"'", r'"fl 7'- ~::::l '-~_. Z -10;._ ::2 ", :0 (1' ~~ - - 07/13/00. ~ 13:50 FAX 717 240 6573 '" ;- ~ . ' "" -'~L CUMB CO PROTHONOTARY 60 - <./ ~~(. 14!001 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT $**$$$*$$**$$*$*$**$* *** TX REPORT *** ********$***$*****$** 1991 92490779 07/13 13:47 02'52 5 OK ,"" ,~ ., , SHERIFF'S RETURN - REGULAR CASE NO: 2000-04806 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILSON ANGELA MARIE ET AL VS SWARTZ CHAD EVERETT SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within PROTECTION FROM ABUSE, CU was served upon SWARTZ CHAD EVERETT the DEFENDANT , at 1710:00 HOURS, on the 7th day of July , 2000 at 153 KLINE ROAD SHIPPENSBURG, PA 17257 by handing to CHAD E. SWARTZ a true and attested copy of PROTECTION FROM ABUSE, CU together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 12.40 .00 10.00 .00 40.40 So Answers: ~~~ R. Thomas Kline 0010010000 Sworn and Subscribed to before me this lO day of ~LL~ ~oo AD ~D /~t o::g~ I 19ft. By: ~/n.~ Deputy Sheriff .-' ' -..........- " ' ,,] ANGELA MARIE WILSON, and her minor children: AUSTIN DALTON SWARTZ, and COURTNEY LORENE SWARTZ, Plaintiffs : In The Court of Common Pleas : of CUMBERLAND County, : PENNSYL VANIA CHAD EVERETT SWARTZ, Defendant : Civil Action - Law : No. 00-4806 : Protection From Abuse & : Custody v. ORDER TO VACATE ~ AND NOW, this: ~ Day of August, 2000, upon Plaintift's motion to withdraw or discontinue this action, 1. This matter is dismissed without prejudice. 2. Costs of this proceeding are waived. 3. The Temporary Order (Filed on Jul 6, 2000) is hereby vacated. ~ - Distribution to: LEGAL SERVICES, INC., Attorneys for Plaintiff James 1. Kayer, Attorney for Defendant FAXed and mailed to PSP "8 '/1. 00 - L ~ fj\<lf{ \ C\ ~[(st)ll)(\o\os'i o~:.\\ (IL A,~vv, ,) II, 0..000 :.:. 0:: ~,~<~~!:!~5~~OTf\RY GO AUG I J Mill: f) 9 , :. :":' ., ',' ,', "'n'u'N1\I CUMdt::i4U-lJ'.:U l,,;U 1 j I PE:NNSYLVANIA , , ~.,. j~lW~~I!'fI"'__. ,1Wft'~", '_.' ffiT ,~.~~ ,1,-'. ~&:,I'~-r.l-t~'liW>~~N1"i!'l-'!!'P'~~'~~WlMM<,~ , --, . ',-- , "'-" ,- ~ ,;. ,- ANGELA MARIE WILSON, and on behll:!f of her minor children: AUSTlNDALTON SWARTZ, and COURTNEY LORENE SWARTZ, Plaintiffs vs. CHAD EVERETT SWARTZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-4806 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintifl; Angela Marie Wilson, by and through her attorney, Joan Carey ofLegll:! Services, Inc., requestll that the Court vacate the Temporary Protection From Abuse Order in the above- captioned case and that the action be withdrawn on the grounds that: 1. A Petition for Protection From Abuse was filed and a Temporary Protection From Abuse Order was iS$Ued by this Court on July 6, 2000, scheduling a hearing for July 17, 2000, at 3:30 p.m, before Judge Guido in Courtroom NO.5 of the Cumberland County Courthouse. 2. Defundant requested representation in this matter, the parties agreed to a continuance, Legll:! Services, Inc. staff filed a Motion, and an Order for Continuance was entered on July 13, 2000, rescheduling the hearing for August 17, 2000, at 3 :00 p.m. James 1. Kayer agreed to represent Defendant pro bono in this case. 3. The partiell are in the process of reconciling their differences. 4. Plaintiff requellts that the Temporary Protection From Abuse Order be vacated and the action withdrawn without prt<iudi.ce to her. ~ '~ .. ~--'" .,'-,- -,;--,)P;"o:: WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, the Order, and that the action be withdrawn without prejudice to Plaintiff. Respectfully submitted, Joan Carey, Attome or Plaintiff LEGAL SERVICES" INe. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~ -'- ,.'.' '. o~ " ,,""-" ",~ ~-" '"". VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. *4904, relating to unsworn falsification to authorities. Dated:,J::C// 7' /7/ ;#i /d.L. ... ."""-"~~~IJ:.Hl1$il81iSll~g!ll~IfiW;D:~:"'-~4H~~;;}iillJl!lR.~~M:m:ill:' - '~A =ulM' ~. tlffvt'-*-ft!Jll ". ............~ "~1_~:t () 0 0 c <:::.> -n - "- ):>0 -om c: STirn GJ TI Z;:rJ i-.:o.:: zS~ I "'i",rn ~::;~;' \..0 ~"~~IJ '.j~ ~o ---I' :?c' -0 ;l: -rl z:~) -""- '~],(~) 5>c r:- 6rn z ---I :< ,"-' ~ (0.) :JiJ -< ~ - 08/11/00 FRI 07:30 FAX 717 240 6573 CUMB CO PROTHONOTARY 1i!J001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION In ST. TIME USAGE T PGS. RESULT ********************* .*. TX REPORT .** ********************* 2056 92490779 08/11 07: 27 03'33 8 OK