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l&> 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any
location, including, but not limited to. any contact at the Plaintifl's residence, school or place of
employment. Defendant is specifically ordered to stay away from the following locations for the
duration of this Order:
PlaintiWs midence: 499 Linden Street, Mechanicsburg, Cumberland County,
Pennsylvania.
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l&> 4. Defendant shall not contact the Plaintiffby telephone or by any other means, including
third parties,
o
5.
Custody of the minor children, shall be as follows:
o 6. Defendant shall immediately tum over to the Sherifl's Office, or to a local law
enforcement agency for delivery to the Sherifl's Office, the following weapons used or threatened to
be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren:
o 7. Defendant is prohibited from possessing, transfening or acquiring any other weapons
for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order
or under Paragraph 6 of the Temporary Order shall not be retumed until further Order of Court.
l&> 8.
The following additional relief is granted as authorized by ~6108 of this Act:
Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of Plaintiff and/or address, telephone number, or any other
demographic information about Plaintiff, except by further Order of Court.
This Order shall remain in effect until modified or terminated 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 pattem or practice that indieates risk
of harm to Plaintiff.
The Defendant is to refrain from harassing Plaintilrs relatives or the minor children.
The QsfeRdaRt jc 9nl1l~d tg f9iAtbwFllO CUlMherhuul Cetun), 8 legal Stlfd",,~ 1\,1.<1:'-5
[g'm?, ""Hl,Qn r.,.. t"'" "RINg eftlul legato!" ieHD pre jrlnd 18 Plll:..L:fffv. [1,,- .o.":'Jt Bf
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o 9, Defendant is directed to pay temporary support for as follows: . This
Order for support shall remain in effect until a final support order is entered by this Court. However,
this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE
OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO
$1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114.
VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES
UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL
FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES,
AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACTION, 18 U.S.C. ~2265, IF YOU TRAVEL OUTSIDE OF THE STATE AND
INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL
CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C, ~~ 2261-2262, IF PARAGRAPH
12 OF THIS ORDER HAS BEEN CHECKED, YOU MAYBE SUBJECT TO FEDERAL
PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN
CONTROL ACTION, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF
FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiffs residence OR any location where a violation
of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for
violation of Paragraphs 1 through 7 ofthis Order may be without warrant, based solely on probable
cause, whether or not the violation is committed in the presence ofthe police. 23 Pa,C.S. ~6113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be
used during the violation ofthe Protection Order or during prior incidents of abuse. The Cumberland
County Sheriffs Department shall maintain possession of the weapons until further Order of this
Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken
to the appropriate authority or authorities before whom Defendant is to be arraigned, A "Complaint
for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff.
Plaintiffs presence and signature are not required to file the complaint.
Ifsufficient grounds for violation of this Order are alleged, Defendant shall be arraigned. bond . t\ 1
set and both parties given notice of the date of the hearing, t;.y ~
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BYTH RT.
o CIl8Pg8 K 1I.n.lUr, P''1U:~iRt Judge
Approximate Date:
Place:
On or about January 25, 1999
The PMA Group, 500 North 12'" Street, Lemoyne, Cumberland
County, Pennsylvania, PlaintilT's place of employment.
On or about January 25, 1999, when PlaintilT arrived at her place of
employment, Defendant was holding the entry door open. As Plaintiff started to
walk into the building, Defendant held his amI across the doorway blocking her
from entering. PlaintilT got into her car and lell.
9. Defendant has committed the following prior acts of abuse against Plaintiff:
a) On or about January 22, 1999, as PlaintilTvacuumed the floor at her place
of employment, the overhead lights flashed off and on several times, and then the
lights went out. When PlaintilT turned to leave the room, Defendant stood
directly in front of her causing her to gasp in fear, and threatened her saying, "I'll
get you!" Fearing for her safety, Plaintifflell the room.
b) On or about October 26. 1998, Legal Services, Inc. stalTsent a defiant
trespass letter to Defendant by regular and certified mail, as a result of the
incident described in paragraph 9{c) below which occurred on or about October
16, 1998. See attached Exhibit A. incorporated herein by reference.
c) On or about October 16, 1998, Defendant went to Plaintiff's home at a
time when he knew that she was not there, parked in her driveway, and honked
the hom, When Plaintiff's friend came out of the house and told Defendant to
leave because he was trespassing (Defendant had been notified in writing by
Plaintiff's divorce attomey not to trespass on her property), Defendant refused
to leave, and attempted to spray Plaintiff's mend with mace. An altercation
ensued and Hampden Township Police were called. Defendant was charged with
defiant trespass and harassment as a result of this incident. He was found guilty
of the charges at a hearing before District Justice Placey on December 28, 1998,
and fined. Defendant is appealing the decision.
d) Plaintiff filed a Protection From Abuse action against Defendant on June
2, 1997, at the above-captioned docket. A Protection Order (see attached
Exhibit 8, incorporated herein by reference) was entered on June 3D, 1997, after
the parties entered into a Consent Agreement. A subsequent Order was entered
on September 9, 1997, (see attached Exhibit C, incorporated herein by reference)
ordering Defendant to stay away from PlaintilT's work site during hours she was
working. except in the case of a bona fide business emergency,
Defendant has continued to harass, stalk, and menace PlaintilTcausing her
to fear for her safety,
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, Pennsylvanie17013
(717) 243-9400
Fax (717) 243-8026
West Shore (717) 766-8475
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October 29, 1998
Charles W. Fitzpatrick
7 Donald Street
Mechanicsburg, PA 17055
Mr. Fitzpatrick:
Our office represents Dori Fitzpatrick, who recently came to our office to discuss incidents which
have occurred since approximately May 1998, in which she says you have harassed her,
threatened her, and gone to her residence on more than one occasion after she notified you
verbally and in writing not to do so. In addition, Ms. Fitzpatrick's private attorney, Thomas
Gould, notified your attorney, David T. K1uz, in his letter of May 23, 1997, that you do not have
Ms. Fitzpatrick's pennission to be on her property.
This letter reiterates that you are not to go on to Ms. Fitzpatrick's property and again notifies you
that you will be considered a defiant trespasser if you do so. The penalty for defiant trespass is up
to one year imprisonment.
Ms. Fitzpatrick has been advised of the criminal and civil remedies available to her in
Pennsylvania. You should be aware that the criminal laws apply to acts of violence even when
they occur between persons who have been intimately involved. The penalty for simple assault,
which can include "attempts by physical menace to put another in fear of imminent serious bodily
injury" is up to two years imprisonment and a $5,000.00 fine. For harassment (including striking,
shoving, kicking, alarming or seriously annoying a person), the punishment is up to a $300.00 fine
and 90 days imprisonment. Harassment by communication is also a crime punishable by up to one
year in prison or a $2500 fine. The crime of stalking includes engaging in a course of conduct
such as following someone without proper authority intending to cause the person fear of bodily
injury or substantial emotional distress. Stalking is punishable by imprisonment for up to seven
years.
Ms. Fitzpatrick has also been advised of a civil remedy available under the Protection From Abuse
Act. Under this Act, she can petition the court to issue a Protection Order. If such an Order is
entered, it will be placed on file with r,e~fAoU violate the Order, you will be taken
SERVING ADAMS, CUMBERLAND, FRANKUN AND FULTON COUNTIES
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v,
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 97-2907 CIVIL TERM
DOROTIIY JEAN FITZPATRICK,
Plaintiff
CHARLES WALTER FITZPATRICK,
Defendant
: PROTECTION FROM ABUSE
PROTECflON ORDER
AND NOW, thi~1ay of ~ 1997, upon consideration of the Consent
Agreement of the parties, the following Order is entered:
1. The defendant, Charles Walter Fitzpatrick, is enjoined from physically abusing the
plaintiff, Dorothy Jean Fitzpatrick, 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 pwpose offaci1itating custody arrangements.
3. The defendant is ordered to refrain from harassing and stalking the plaintiff and
from harassing her relatives and the parties' minor children.
4. The defendant is prohibited from ectering the plaintift's places of employment
including the grounds, during her work hours, her school including the grounds. or the schools of
the parties' minor children, except for the limited purpose of attending porcntlteacher conferences
and extracurricular activities.
s. The defendant is prohibited from removing, damaging, destroying or selling any
property owned by the plaintiff.
6. The defendant is ordered to stay away from the plaintift's residence located at 499
Linden Street, Mechanicsburg, Cumberl~X<MHJI!Ih!ftvania.. a residence which is owned by
.
the plaintifi: and the the defendant is ordered to stay away from any residence tho plaintift'may in
the future establish for herself: except for the limited purpose of transferring custody of the
parties' two minor children, During transfer of custody the defendant shall remain in his vehicle at
all times on the stsreet at the curb, and shall exit the Forest Acres development where the
plaintifrs residence is located within five (5) minutes after transferring custody of the parties'
children.
7, Court costs and fees are waived.
8, This Order shall remain in effect for a period of one (I) year and can be extended
beyond that time if the Court finds that the defendant has committed an act of abuse or bas
engaged in a pattern or practice that indicates risk of Iwm to the plaintiff. This Order sbaIl be
enforceable in the same manner as the Court's prior Temporary Protection Order entered in this
case.
9. A violation of this Order may subject the defendant to: i) arrest under 23 PaC.S,
~6113; ii) a private criminal complaint under 23 PaC.S. ~6113.1; ill) a charge of indirect aiminal
contempt under 23 PaC.S. ~6114, punishable by imprisonment up to six months and a fine of
$100,00-$1,000.00; and iv) civil contempt under 23 PaC.S, ~6114.1.
10. The Hampden Township Police Department and any other appropriate police
department shall be provided with a certified copy of this Order by the pIaintifl's attorney and may
enforce this Order by arrest for indirect criminal contempt without wamnt 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
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DOROTHY JEAN FITZPATRICK,
PlaintilT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO, 97-2907 CIVIL TERM
CHARLES WALTER. FITZPATRICK,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
lollowing papers, you must appear at the hearing scheduled herein, If you fail to do so, the case may proceed
against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In
particular, you may be evicted from your residence and lose other important rights,
A HEARING ON THIS MATTER IS SCHEDULED ON FEBRUARY 8 ,1999,
AT . ~:. Jc1 f' .M., IN COURTROOM NO,.5 OF THE CUMBERLAND
COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA.
You MUST obey the Order that is attached until it is modi lied or terminated by the court aller notice
and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you
to a charge of indirect criminal contempt which is punishable by a line of up to $1,000,00 and/or up to six
months in jail under 23 Pa,C.S. ~6114. Violation may also subject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code, Under federal law, 18 U.S,C. ~2265, this Order is enforceable
anywhere in the United States, tribal lands, U,S, Territories and the Commonwealth of Puerto Rico. If you
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, ] 8 U.S,C, ~ 2261-2262,
You should take this paper to your lawyer at once. You have the right to have a lawyer
represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not
have a lawyer or cannot aITord 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
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, You must attend the scheduled
conference or hearing,
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COMMONWEAL TII OF PENNSYLVANIA
COUNTY OF CUMnERI.AND
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POLICE
CRIMINAL COMPLAINT
Mal UU~ No
nJ N_ II.. COMMONWEALTII OF PENNSYLVANIA
.....n. CUMBERLAND COUNTY
COURTIIOUSE
CARLISLE, PA
COMMONWEALTII m' PENNSYLVANIA
\'5.
OntNDANTI
Trlfllhont
Dockel No.:
Dale Filed:
OTN:
NAME II. ADDRts!
CHARLES WALTER FITZPATRICK
7 DONALD STREET
!\feehanlesburg, PA 17055
717.697-8501 OR 717.697-8450
Drrndlnt', Social Stcurt. Numbtr Ddrnd.nl" SID
18j.44-863j
l"omplalnLlladdral Numbfr
97.87j
District Allomey's Omee 0 Appro..d 0 Duoppro,..d b.rDust:
(The Distritl Attorney may require Ih.1 the complainl, Incst wartanlaffidniL or bolh he Ippro\'rfol by the Allomc)' ror the Commonwealth prior 10 Olin,. r..R.Cr.P. 107,)
('ompl.Jal Numbtn IUUhrr Parlldp'hll
IN_ ol ^hMItJ 1<lI' Ihc l"l..-naWl...n1th. Pkaw milt I. Ttrtl
ISlpllllll'C of ADanfy I1M' ('lllm'IlWI..nIlhl
(OIIc)
I, Ddee/;,.. Lelllla R, Woodford
Nall'lC of Affiant. l'lease l'rinl (lr T)'t'IC
OF Cumbtrlond Counl)' OUlrlel AI/Ornll"s Om", Crlmlnolln,.estIIlQtlon OMs/on PA01l0IJA
Idmtify DcpaI1rOOlI or Agmcy RcpftK'nled.nd l'olilkal SubJi\;sion I'vliec Agc",y ORI Number
do hereby state: (ch~d oppropr;ote arro)
I. 181 I accuse the above named defendanl, who lives althe address sel forth above or,
o 1 aeeuse the defendanl whose name in unknown 10 me bUI is described as
o 1 accuse Ihe defendanl whose name and popular designation or nickname is unknown 10 me and whom 1 havelherefor designated as
John Doc.
wilh violaling the penal laws of the Commonwealth of Pennsylvania al499 Llnd.n SIr.eI, M.r/.anlc:sburg; 7 Donold SIr.eI, M.ehon/csburg
in Cumbtrlond County on or aboul AuguSll997 up 10 and Including No,'.mbtr 10 1997.
49-8
Officer lIadle NumbcrlJ.I).
Originaling Almcy Cue Nwnbcr (OCM
Participants were: (Iflhnc \10m ~nicipanll. place theirmmcs hm. rtpeating mmc ofallon: dc(mibnt)
CHARLES WALTER FITZPATRICK
2. The acts committed by the accused were:
ISd Forth .IUIMIIf)' of the fxu IlIffi(imt k)..triM: tbc dcfendlnt ofllle Nlllftt>ltht offmw '1IarJ:N A (ltalilWl to 1M WIldt a1lqN1y ,iolllN.. ..ilhoul rD... i. nll4 IlIffl(iml In'IVImlIl')' (alt. JUIIInIIJI (ile
the lfC'tifi( I<<ti~.ld IIIbl<<tim of the IWlIle 01' cNilW\(e a1lrrN1r ,-jollied I
INDIRECT CRIMINAL CONTE~IPT. 2J rl, C.s.A. 5<<110.6114
The defendant did violate Protection Order ND. 97.2907 ('jo,:il Tcnn Signed by the Ilonroobh: George 1.:. Iloffer, Judge for lhe Ilonol'llble Kcvin A. I less, Judge on 30
June 1997. Protection Order No. 97.2907 states that the defendanl is enjoined from having a~din:et or indim:l contact with the plaintiff including, but not limited to,
telephone and written communicalions, ClI:ccpt fur the limilcd purpose of facilitating cWlooy anangemcn15. Additionally, Ilrolctlion Order No. 97.2907 states that Ihe
dc:rcndanl is ordcred to n:fruin from harassing and stalking, lhe plainlilTand from halil5sing her n:lalh.es and the parties' minor children. In thai the dcfendant has been
placing lelcphone calls to the plainlilrs residence wilh no legitimate purpose beginning in Augustl997l1nd clI:tending Ihrough November 1997; also the defendanl on
10 November 1997 did harass and intimidale lhe partics'minor child in II ,"chicle outside lhe defendant's residence IInd in lhe defendanl's residence.
all of which were against the peace and dignity oflhe Commonwealth of Pennsylvania Bnd contrary to the Act of Assembly, or in violation of:
I. 6//4 of the Tille 23 I'll, C.\". 2
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2. of the
IWrtklll' tSllbWf'U.III l'AStI'llt.) {("..IIIII
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Defcndanl Name: CIlARLES WALTER FITZPATRICK
Docket Number:
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POLICE
CRIMINAL COMPLAINT
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3. I ask Ihal 0 0 worronloforrtsl or 181 0 summons be issued and Ihallhe defendanl be required 10 answer Ihe charges I have made. (In
order for a wlllTllnl ofarrcst 10 issue,lhe allaehed amdavil of probable cause must be completed and sworn 10 before the issuing aUlhority.)
4. I verify Ihat Ihe faels sel fonh in Ihis eomplainlare true and correct 10 Ihe besl of my knowledge or informalion and belief. This verification is
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AND NOW, on Ihis dale , I c nify Ihe complaint has been propcrly completed and verified. An amdavil
of probable cause musl be eompleled in order for a warranllo issue.
(l\balllrri.IDhlrtclJ
(lnulDI AUlhDrtly)
(SEAL)
2
DOROTHY JEAN FITZPATRICK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-2907 CIVIL TERM
CHARLES WALTER FITZPATRICK,
Defendanl
PROTECTION FROM ABUSE
, 1997, upon consideralion of the Consenl
Agreemenl of the parties, Ihe following Order is entered:
I. The defendant, Charles Walter Fitzpatrick, is enjoined from physically abusing the
plainliff, Dorothy Jean Fitzpatrick, or from placing her in fear of abuse.
2. The defendant is enjoined from having any direcl or indirect conlact wilh the
plainliff including, but not limited to, telephone and written communicalions, excepl for the
limiled purpose of facilitaling cuslody arrangemenls.
3. The defendant is ordered 10 refrain from harassing and stalking the plaintiff and
from harassing her relatives and the parties' minor children.
4. The defendant is prohibiled from enlering Ihe plaintiffs places of employmenl
including Ihe grounds, during her work hours, her school including the grounds, or the schools of
Ihe parties' minor children, c;xcepl for Ihe Iimiled purpose of attending parenJlteacher conferences
and extracurricular activities.
5. The defendanl is prohibiled from removing, damaging, destroying or selling any
property owned by the plainliff.
6. The defendant is ordered to stay away from Ihe plaintiffs residence located al 499
Linden Street, Mechanicspurg, Cumberland County, Pennsylvania, a residence which is owned by
the plainliff, and the the defendanl is ordered 10 slay away from any residence Ihe plaintiff may in
the future establish for herself, excepl for Ihe limited purpose of lransferring custody of Ihe
parties' two minor children. During lransfer of custody the defendant shall remain in his vehicle at
all times on the slsreet at the curb, and shall exil the Forest Acres developmenl where the
plaintitrs residence is located within five (5) minules after lransferring custody of the parties'
children.
7. Court cosls and fees are waived.
8. This Order shall remain in effeCI for a period of one (I) year and can be extended
beyond Ihal time if the Court finds Ihal Ihe defendanl has commilled an act of abuse or has
engaged in a pattern or practice thai indicates risk of hann 10 Ihe plaintiff. This Order shall be
enforceable in the same manner as the Court's prior Temporary Proteclion Order enlered in this
case.
9. A violalion of Ihis Order may subjeclthe defendanllo: i) arrest under 23 Pa.C.S.
~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge ofindirecl criminal
conlempt under 23 Pa.C.S. ~6114, punishable by imprisonment up 10 six monlhs and a fine of
$100.00-$1,000.00; and iv) civil conlempt under 23 Pa.C.S. ~6114.1.
10. The Hampden Township Police Departmenl and any other appropriale police
department shall be provided wilh a certified copy of Ihis Order by the plaintift's attorney and may
enforce Ihis Order by arrest for indirect criminal contempt wilhout warrant upon probable cause
thai this Order has been viola led, whelher or not the violation is committed in the presence of Ihe
police officer. In the evenl thai an arresl is made under this seclion, the defendant shall be taken
5. The defendanl agrees not to remove, damage, deslroy, or sell any property owned
by the plainliff.
6. The defendant agrees to slay away from Ihe plainlift's residence located al 499
Linden Slreet, Mechanicsburg, Cumberland Counly, Pennsylvania, a residence which is owned by
Ihe plaintiff, and the defendanl agrees to Slay away from any residence the plainliff may in the
future establish for herself, except for Ihe limiled purpose of lransferring custody of Ihe parties'
two minor children. During transfer of cuslody Ihe defendant will remain in his vehicle al all time~
on Ihe streel al the curb, and will exil the Foresl Acres clevelopmenl where the plainlilr s
residence is located within five (5) minules after tranferring cuslody oflhe parties' children.
7. The defendant, a1lhough entering into this Agreement, specifically denies Ihe
substantive allegations made in the Pelition.
8. The defendanl underslands that the Protection Order enlered in this matter will be
in effect for a period of one (I) year and can be extended beyond that lime if the Court finds Il1at
Ihe defendanl has committed an act of abuse or has engaged in a pattern or practice Ihat indicales
risk of hano to the plaintiff. The defendant underslands Ihat this Order will be enforceable in Ihe
same manner as the Court's prior Temporary Proleclion Order enlered in lhis case.
9. Violalion of the Prolection Order may subject Ihe defendant 10: i) arrest under 23
Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; Hi) a charge of indirect
criminal conlempt under 23 Pa.C.S. ~6114, punishable by imprisonmenl up to six months and a
fine ofSIOO.OO-SI,OOO.OO; and iv) civil conlempl under 23 Pa.C.S. ~6114.1.
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DOROTHY JEAN FITZPATRICK,
Plainliff
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-2907 CIVIL TERM
CHARLES WALTER FITZPATRICK,
Defendanl
: PROTECTION FROM ABUSE
ORDER
AND NOW, this 1 day of S-yh...u.
, 1997, upon consideration of the
aJlached Consent Agreemenl, this Court's Order of July 18, 1997, is hereby vacated and the
Protection Order of June 30, 1997, is modified as follows:
I. The defendant, Charles Walter Fitzpalrick, shall slay away from the Pennsylvania
Manufacturers Associalion Group (PMAG) or any olher work sile where the plaintiff, Dorothy
Jean Fitzpatrick, has been assigned 10 clean by Fitzpatrick Cleaning Inc. (FCI) during the
plainliff's work hours excepl that only in case of a bona fide business emergency may the
defendanl appear al a FCI work sile during the plainliff's work hours.
2. The defendant shall Slay away from any olher places where the plaintiff is
employed.
In all other respecls the Protection Order enlered on June 30, 1997, remains in effect.
Joan Carey
AlJorney for Plainliff
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David T. Kluz
AlJorney for Defendanl
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~JUL 1 7 1997
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DOROTHY JEAN FITZPATRICKr
Plaintiff
v.
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTYr PENNSYLVANIA
I
I NO. 97-2907 CIVIL TERM
I
I
I PROTECTION FROM ABUSE
CHARLES WALTER FITZPATRICKr
Defendant
MOTION TO AMEND PROTECTION PROM ABUSE ORDER
AND NOWr comes Charles Fitzpatrick by his attorneYr David T.
Kluzr who requests this Honorable Court to amend the Protection
From Abuse Order.
In support of the Motion the following is
alleged I
1. Dorothy J. Fitzpatrick petitioned for a Protection From
Abuse Order on June 2r 1997.
2. While specifically denying the substantive allegationsr
Charles Fitzpatrick voluntarily accepted the PFA.
3. In order to effectuate the terms of a Marital Settlement
Agreementr Judge Hoffer ordered that Dorothy Fitzpatrick be
reinstated to her employment by her ex-husband Charles Fitzpatrick.
The order was docketed to 95-6565 and was entered on June 30r 1997.
4. Charles Fitzpatrick would ordinarily inspect his client's
work sites to guarantee compliance with his contractual
obligations. Included in the work sites to be inspected is the
work site at which his ex-wife would be working. The terms of the
original PFA preclude Charles Fitzpatrick from being at the work
site of his ex-wife.
..
DOROTHY JEAN FITZPATRICK,
PlainliO'
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-2907 CIVIL TERM
CHARLES WALTER FITZPATRICK,
Defendanl
PROTECTION FROM ABUSE
, 1997, upon consideration of Ihe Consenl
Agreement of the parties, the following Order is entered:
I. The defendanl, Charles Walter Filzpalrick, is enjoined from physically abusing Ihe
plaintiff, Dorolhy Jean Fitzpalrick, or from placing her in fear of abuse.
2. The defendant is enjoined from having any direcl or indirecl conlacl wilh the
plainliff including, but not limiled 10, lelephone and wrillen communications, except for Ihe
limited purpose of facililating custody arrangements.
3. The defendanl is ordered 10 refrain from harassing and stalking the plaintiff and
from harassing her relatives and the parties' minor children.
4. The defendanl is prohibiled from enlering the plainlil1's places of employmenl
including the grounds, during her work hours, her school including the grounds, or the schools of
Ihe parties' minor children, excepl for the limiled purpose of allending parenJ/leacher conferences
and extracurricular activilies.
S. The defendanl is prohibited from removing, damaging, destroying or selling any
property owned by Ihe plainliff.
6. The defendanl is ordered to stay away from Ihe plainlil1's residence located al 499
Linden Streel, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is owned by
,
."
. .
the plaintiff, and Ihe the defend ani is ordered 10 stay away from any residence Ihe plaintiff may in
Ihe fulure eSlablish for herself. excepl for the limited purpose of transferring custody of Ihe
parties' lwo minor children. During lransfer of custody Ihe defendant shall remain in his vehicle at
all limes on the slsreel at Ihe curb, and shall exil Ihe Foresl Acres developmenl where Ihe
plainlitrs residence is located wilhin live (5) minules after transferring custody of Ihe parties'
children.
7. Court costs and fees are waived.
8. This Order shall remain in effect for a period of one (I) year and can be extended
beyond thai lime if the Court linds Ihat Ihe defendant has commilled an acl of abuse or has
engaged in a pallern or praclice Ihat indicales risk of hann 10 Ihe plainliff. This Order shall be
enforceable in the same manner as Ihe Court's prior Temporary Proteclion Order entered in lhis
case.
9. A violalion of this Order may subjecllhe defendant 10: i) arrest under 23 Pa.C.S.
~6113; ii) a private criminal complainl under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal
conlempt under 23 Pa.C.S. ~6lI4, punishable by imprisonment up 10 six months and a fine of
$100.00-$1,000.00; and iv) civil conlempl under 23 Pa.C.S. ~6114.1.
10. The Hampden Township Police Department and any other appropriate police
department shall be provided with a certified copy of Ihis Order by the plaintiffs allorney and may
enforce this Order by arrest for indirect criminal conlempl without warranl upon probable cause
thai this Order has been violaled. whether or not Ihe violalion is commilled in the presence of the
police officer. In Ihe event that an arrest is made under Ihis seclion. the defendant shall be laken
5. The defendanl agrees nol to remove, damage, destroy. or sell any property owned
by Ihe plaintiff.
6. The defendanl agrees to slay away from the plainlifi's residence located al 499
Linden Slreet, Mechanicsburg. Cumberland Counly. Pennsylvania. a residence which is owned by
the plaintiff, and Ihe defendant agrees 10 slay away from any residence the plainliff may in Ihe
future establish for herself, except for the limited purpose of lransferring custody of the parties'
two minor children. During transfer of custody the defendant will remain in his vehicle at all times
on the street at Ihe curb, and will exil Ihe Forest Acres development where the plainliff's
residence is located within five (5) minutes after tranferring cuslody ofJhe parties' children.
7. The defendanl, although enlering inlo this Agreement. specifically denies the
subslanlive allegalions made in the Pel it ion.
8. The defendanl understands Ihat Ihe Prolection Order entered in this mailer will be
in effect for a period of one (I) year and can be exlended beyond Ihal time if the Court finds that
the defendanl has commilled an acl of abuse or has engaged in a pallem or practice that indicates
risk of harm to Ihe plainliff. The defendant underslands Ihat this Order will be enforceable in Ihe
same manner as the Court's prior Temporary Proleclion Order enlered in this case.
9. Violalion of Ihe Proteclion Order may subject Ihe defendanllo: i) arresl under 23
Pa.C.S. ~6113; ii) a privale criminal complainl under 23 Pa.C.S. ~6113.1; iii) a charge of indirect
criminal conlempl under 23 Pa.C.S. ~6114, punishable by imprisonmenl up 10 six monlhs and a
fine ofS I 00.00-$ 1.000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1.
~-
,
DOROTHY JEAN FITZPATRICK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-2907 CIVIL TERM
CHARLES WALTER FITZPATRICK,
Defendanl
PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The plaintiff, Dorothy Jean Filzpalrick, by and through her attorney, Joan Carey of Legal
Services, Inc., moves Ihe Court for an Order continuing generally the hearing in the above-
caplioned case on the grounds thaI:
I. A Temporary Prolection Order was issued by this Court on June 2, 1997,
scheduling a hearing for Thursday, June 12,1997, a13:30 p.m.
2. The Cumberland County Sheriffs Departmenl served Ihe defendant with a certified
copy of the Temporary Protection Order and Petition for Protection Order on June 2, 1997, al
4:20 p.m. at his residence located at 7 Donald Streel, Mechanicsburg, Pennsylvania.
3. The defendanl has relained David T. Kluz, Altorney at Law, 10 represenl him in
the matter.
4. The parties agree, by and Ihrough Iheir respective counsel, Ihat the hearing be
conlinued generally to facilitate negolialion of the Consent Agreement in this malter.
5. The plaintiff requesls thai Ihe Temporary Proleclion Order remain in effect for a
period of one year or unlil further Order of Court.
6_ A certified copy of Ihe Order for Continuance will be delivered 10 the Hampden
Township Police Departmenl by Ihe altorney for the plaintiff.
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DOROTHY JEAN FJTZPATRfCK.
PlainJllf
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLANI} COUNTY, PENNSYLVANIA
: NO. 97. 2-10 7 CIVIL TERM
: PROTECTJONFROM ABUSE
..QlARLES WALTER FITZPATRICK,
Oefendal1l
TEMP.O~RY P,ROTECTION ORDER
AND NOW, IJVS 2m of June, 1991, upon presentation and coll9ideratlon of the wilhin
fetilion, and upon finding thallhe plaintiff, Dorolhy Jean Filzpatrick. QOW residing at 499 Linden
SJreel, MechaniCJburg, QlmberJand Counly, Pennsylvania, is in i1nmeDial11 and presenl danger of
abure from Ihe defendanl, Chatles Waller Fitzpatrick, the following Temporary Order is enlered..
The defendanl, Charles Waller Firzpalrick, (SSN: 18S.44.B~35J(DOB: 8/3/54) now
residing at 7 DonaJdSlreet, Mechanitsburg,Cumberlanrl County, Permsylvania, is hereby enjoined
from physicalLy ab~ing the plainlitT, Dorothy Jean Fitzpatrick, or from placing her in fear of
abuie.
Ti]e defendant i~'ordered 10 stay away from the plainlil1'~ residence located al 499 Linden
Street, Mechani<;sburg, Cumberland County, PCllnsylvania, a residence which is owned solely by
Ihe plaintiff, and is ordered to stay away from any residence Ihe plainlilf may in the future
eSlabl~h for herself, except for the limited purpose of traDsfemng custody df Ihe parties' lwo
minor children. During lransfer of custody the defendanl shall remain in his vehicle at all limes on
the slreet atlhe curb, and shall exit Ihe foresl Acres development where the plaintiff's residence
is Jocaled within five (5) minules aller transferring custody of the parties' children.
The defend ani is ordered to refrain from having any direct or inditect conlacl wilh Ihe
plaintiff including, bUI not limiled 10, telephone and wrillen communications, except for the
Iimiled pLlrpose Qf facilitating custody arntngernents,
The defend ani is enjoined from harassing and slalking Ihe plainliff and from harassing Ihe
parties' two minor children.
The defendanl is enjoined from enlering the plainlifl's places of employment, including Ihe
grounds, during her work hours, her school, including Ihe grounds, and Ihe schools of the parties'
lwo minor children, excepl for Ihe limited purpose of aUending parent/teacher conferences andlor
school-relaled aClivities.
The defendant is enjoined from removing, damaging, destroying or selling any property
owned by Ihe plainliff.
A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S.
fi6113; ii) a private criminal complaint under 23 Pa.C.S. fi6113.1; Hi) a charge of indirect
criminal contempt under 23 Pa.C.S. fi6114, punishable by imprisonment up to six months
and a fine orstOO.OO-Sl,OOO.OO; and iv) civil contempt under 23 Pa.C.S. fi6114.1.
This Order shall remain in effect until modified or tenninated by the Court and can be
extended beyond ils original expiration dale if the Court finds that the defendant has commiued an
acl of abuse that indicates risk ofhann 10 the plainliff.
A HEARING SHALL BE HELD ON THIS MA TIER ON JUNE
AT ,"./" ..30 P.M., IN COURTROOM No.1, OF THE
COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA.
y,tj
/~ , 1997,
CUMBERLAND
The plaintiff may proceed wilhout pre-paymenl of fees pending a further order after the
hearing.
The Cumberland Counly Sherifl's Departmenl shall aUempl 10 make service at the
plaintifl's request and wilhoUI pre-payment of fees, bUI service may be accomplished under any
applicable rule of Civil Procedure.
This Order shall be dockeled in the office of the Prolhonotary and forwarded 10 the Sheriff
for service. The Prothonotary shall nol send a copy of this Order to Ihe defendant by mail.
inlo Ihe palm of his olher hand as he made Ihe threat. The children and Ihe
plaintiff feared for her safety.
b) On or aboul May 24, 1997, Ihe defendanlleft a harassing message several
minutes in length on the plainliff's answering machine causing her to fear for her
safely.
c) On or about March 4, 1997, the defendant came to the plaintiff's home
three times uninvited for no apparent reason causing the plaintiff to fear for her
safety.
d) On or about March 3, 1997, Ihe defendant came 10 Ihe building where the
plaintiff was working alone, drove through Ihe parking lot, and when he found her
car, he entered the darkened building with his access key (lhe defendaol owns the
cleaning business the plaintiff is employed with). When she saw Ihe defendant
enter Ihe building, Ihe plaintiff, fearing for her safety, ran from the building to h~r
car and drove away. The defendant followed the p1ainliff, but she evaded him in
traffic and got away.
e) Since March f997, on several occl\sions the defendanl has remained in liis
vehicle in front of the plaintiff's home for long periods of lime .after transfer of
cuslody of the parties' minor children, with the children in his vehicle and after
dropping them off, and has driven by her home repealedly, which is nol a ll$lic
thoro fare, for no apparent reason. In addition, the defendant has harassed Ihe
plaintiff by making repealed telephone calls to her home several times a day at all
hours, often leaving inappropriate and/or <<neatening messages 011 her apsweriJlg
machine or hanging up causing the plainliff 10 have to disconnecl her telephone at
times so Ihat she and her children could sleep. The defendant has also questioned
Ihe parties' lwo minor children relentlessly aboul the plainlift's personal life and
aClivities often inlimidaling the children.
f) In or aboul April, 1996, Ihe defendanllelephoned Ihe plaintiff at her home,
10ld her thai he had a gun and Ihrcalened to kill himself.
g) In or aboul March 1996, Ihe defendanl stood in from of the plainlift's car
door and restrained her from gelling into her car.
h) In or aboul April 1995, Ihe defendanl pulled Ihe plaintift's hair pulling
clumps of hair from her head, pushed her to the /Ioor, grabbed her by the hair at
the front of her head, repealedly banged her head against Ihe /Ioor, alld slapped her
face several limes. When the defendanl left the room, the plaintiff allempted to
telephone Ihe police for help, bUI Ihe defendanl relurned to the room, grabbed the
plainliffby Ihe arm, and rained her from calling Ihe police.
i) In or aboul 1995, the defendant grabbed the plainliff by the arm, and
punched and slapped her several times about the face, head and arms.
S. The plaintiff believes and therefore avers that she is in immediate and present
danger of abuse from the defendant and Ihat she is in need of prolection from such abuse.
6. The plaintiff desires that the defendanl be prohibiled frbm having any direct or
indirect contact with the plainliff including, but nol limiled 10, telephone and wriuen
'communications, excepl for the Iimiled purpose offacililaling custody arrangemenls.
7. The plaintiff desirC6 that the defendanl be enjoined from harassing and stalking the
plaintiff and the minor children.
8. The plainliff desires Ihal the defendant be restrained from entering her places of
employment, including the grounds, during her work hours, her school, including the grounds,
and the schools of the minor children, except for the limited purpose of allending parentlt~acher
conferences and/or school-relaled activities..
.,
9. The plainlilT desires thai the defendant be enjoined from removing, damaging,
destroying or selling any property owned by Ihe plainlilf.
B. EXCLUSIVE POSSESSION
10. The home from which the plainlilT is asking the Court to order Ihe defendanl to
slay away from is owned in Ihe name oflhe plaintiff, Dorothy Jean Fitzpatrick, and is localed at
499 Linden Streel, Mechanicsburg, Cumberland County, Pennsylvania. The defendant may come
to the plainliff's residence for the limited purpose oftransfering cuslody of the parties' two minor
children. The plainlilT desires Ihal the defendant be ordered to remain in his vehicle at all times on
the slreet at the curb, and to exillhe Foresl Acres development where the plaintiff's residence is
localed wilhin five (5) minules after transferring cuslody of the parties' children.
C. REIMBURSEMENT FOR COST OF CASE
II. The plaintilT desires Ihat the Court order the defendanl to pay $250.00 10
Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of allomeys' fees, as
reimbursement for the cost ofliligating this case and assess a $25.00 surcharge and court costs to
the defendant if the case goes to hearing.
WHEREFORE, pursuant to Ihe provisions of the "Proleclion from Abuse Act" of October
7, 1976,23 P,S. ~6101 !It ~., as amended, the plainlilTprays this Honorable Court to grant the
following relief:
A. Granl a Temporary Order pursuanllo Ihe "Proleclion from Abuse Act:"
I. Ordering the defendanl to refrain from abusing Ihe plain tilT and from
placing her in fear of abuse.
2. Ordering the defendant to refrain from having any direct or indirect contacl
with Ihe plainlilT including, bul nol limiled to, lelephone and wrillen
communications, excepl for the Iimiled purpose of facililaling cuslody
aITangemenls.
3. Ordering Ihe defendanl 10 refrain from harassing and sial king Ihe plaintiff
and Ihe minor children.
4. Prohibiting Ihe defendanl from enlering the plaintiffs places of
employmenl, including the grounds, during her work hours, her school, including
grounds, and the schools of the minor children, excepl for the Iimiled purpose of
attending parent/leacher conferences andlor school-related activities.
5. Prohibiting Ihe defendanl from removing, damaging, deslroying or selling
property owned by Ihe plaintiff.
6. Ordering Ihe defendanl to slay away from the plainliffs residence tocaled al
499 Linden Slreel, Mechanicsburg, Cumberland Counly, Pennsylvania and
ordering the defendant 10 slay away from any residence the plainliff may in Ihe
fulure establish for herself. During transfer of cuslody the defendanl shall remain
in his vehicle at all times on Ihe streel al the curb, and shall exit the Foresl Acres
development where the plainliffs residence is localed within five (5) minutes after
transferring cuslody oflhe parties' children.
B. Schedule a hearing in accordance with the provisions of Ihe "Protection from
Abuse Act," and, after such hearing, enler an order to be in effecl for a period of one year:
I. Ordering the defendanl to refrain from abusing Ihe plainliff and the
minor children and from placing them in fear of abuse.
2. Ordering the defendant 10 refrain from having any direct or indirect
conlact wilh the plaintiff including, but nol Iimiled 10, telephone and
written communicalions, excepl for Ihe limiled purpose of facililaling
custody arrangemenls.
communications, excepl for Ihe limited purpose of facililaling cuslody
arrangements.
3. Ordering Ihe defendant 10 refrain from harassing and slalking the plainliff
and Ihe minor children.
4. Prohibiting the defendant from enlering the plainlill's places of
employment, including the grounds. during her work hours, her school, including
grounds, and the schools of Ihe minor children, except for Ihe limiled purpose of
attending parenl/teacher conferences and/or school-related activities.
5. Prohibiting the defendant from removing, damaging, destroying or selling
property owned by Ihe plaintiff.
6. Ordering Ihe defendanllo Slay away from the plainlill's residence localed al
499 Linden Slreel, Mechanicsburg, Cumberland County, Pennsylvania and
ordering Ihe defendant to Slay away from any residence Ihe plaintiff may in the
fulure eslablish for herself. During lransfer of cuslody Ihe defendanl shall remain
in his vehicle at all times on the slreet al the curb, and shall exil the Foresl Acres
developmenl where the plaintiff's residence is localed wilhin live (5) minutes after
lransferring cuslody ofJhe parties' children.
B. Schedule a hearing in accordance wilh the provisions of the "Proleclion from
Abuse Act," and, after such hearing, enler an order 10 be in effect for a period of one year:
I. Ordering the defendanl to refrain from abusing the plainliff and Ihe minor
children and from placing Ihem in fear of abuse.
2. Ordering Ihe defendanl to refrain from having any direct or indirect contact
wilh Ihe plainliff including, but not limiled 10, telephone and written
communicalions, except for Ihe limited purpose of facilitaling custody
arrangements.
3. Ordering Ihe defendanl to refrain from harassing and slalking Ihe plaintiff
and Ihe minor children.
4. Prohibiting the defendanl from enlering Ihe plainlift's places of
employmenl, including Ihe grounds, during her work hours, her school, including
Ihe grounds, and Ihe schools of Ihe minor children except for Ihe Iimiled purpose
of allending parenJ/leacher conferences andlor school-related activities.
5. Prohibiling the defendant from removing, damaging, destroying or selling
property owned by the plainliff.
6. Ordering the defendant 10 stay away from Ihe plaintift's residence tocaled at
499 Linden Street, Mechanicsburg, Cumberland Counly, Pennsylvania, and
ordering Ihe defendanl 10 stay away from any residence Ihe plainliff may in the
fulure establish for herself.
7. Ordering Ihe defendanl to pay $250.00 to Cumberland County, one of
Legal Services, Inc.'s funding sources, in lieu of allomeys' fees, as reimbursement
for the cost of Iiligaling this case and assessing the $25.00 surcharge and court
costs to the defendanl ifJhe case goes to hearing.
The plaintiff further asks that this Petition be filed and served wilhoul payment of fees and
costs by the plaintiff, pending a further order at Ihe hearing, and Ihat certified copies of this
Pelilion and Order be delivered 10 the Mechanicsburg Police Departmenl and any other
appropriate police department which has jurisdiction 10 enforce Ihis Order.
The plainliff prays for such other relief as may be just and proper.
Respectfully submitted,
~^ ~ ~
I CtV
an Carey, AlIo ~al tiff
LEGAL SERVICES, INC.