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Gonorol lndux At.Lornny Info
~;NG1.E Jli:NNIFI':H MAllI E PI,AIN'I'IFF CAIU:Y .JOAN 1':
TWIN PINES AI'AHTMENTH CI4
434] CAHI>ISLI': I'IKE
CAMP III 1,1, PA 170 II
SWIRE DAVIIl EVAN JH
POCONO COUN'I'HY PLACI': 1.0'1' 1'l6
6107 BOAHDWALK DHIVE
1'OIWIIANNA I'A 111466
1l1';FI';NDAN'1'
"*'**'*"*""'*"*"*"'**'*"'***"""'*".'*"**'"'*"*"**"'*'****'**'"
* Date Ent.ri',s *
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FIHST ENTRY - - - - - - - -
4/03/1998 I'I,;'I'I'I'ION I'OR I'RO'l'ECTION ORIlI':R ANIl ellS'I'OllY BH,LED COUN'l'Y
-.-. .... --.. ._._-_.----_.~_...-_._---
4/03/1998 'rE:MPOHAHY PHO'I'EC'I'ION OIWf:H 4/(Ll/9fl IN IU: IIEAHING 4/09/98 A1'
1; 30 PM COUH'PHOOM NO 2 1':Il(;AH II IIAYLI':Y ,JUDGE
COPIES I'EHHONALHEHVICE 4/01/91l
4/09/1998
4/09/1998
4/14/1998
5/15/1998
7/30/1998
7/30/1998
8/13/1998
1l/13/1998
, 9/14;-:%
6/16/1999
..f1
6/16/1999
SIIERIFF'S HETURN FILED
Litlqant.: SWIRE DAVID EVAN JH
SERVED : 4/03/98 MONHOE COUNTY
CosLs....: $0,00 I'd By: 00/00/0000
- __ _. - - _. _. ..... - - _" - _. __ __ - - - - - __ ...._ _n _ _.~ _. _ -~. -. - -- -. - - - - - -. --
MOTION I'OH CONTINUANCE
-----------------------
.._---------~-_.----
OHDEH FOR CONTINUANCE DATED 4/11/98 IN RE MOTION FOH
C:ON'l'INUANCE IIEARING 4/9/91l IS HEHCllImULE[) 1'0 5/5/98 11 AM
EDGAH B BAYLEY J - COPIES MAILED AND FAXED 4/14/98
--.--------.-.-.--. .-..._--_._---_.~ ...--- -.._-------_._.-.._.~_._--_._----_.__._-----
OHDEH OF COUH'1' IlA'I'En 5/1 ')/91l I N HE TEMPOHAHY PRO'l'ECTION OHDEH -
PHEHEAHING CUS'['ODY CONFEHENCE 6/18/98 2 I' @ 302 H 18TH S'I' CAMP HILL
BY MICHAEL I. BANGS ESQ CUSTODY CONCILIATOR - NOTICE AND COPIES
MAILED 5/15/98
____.____________._.n_______~.__.
MOTION FOR CONTINUANCE
BY
...----.--------------.--------
... .- -. - - -. -. -'- - - - - - -- - - - - - - - - --
-_.-------~._._.._--_._-_._----_.-
ORDER I'OH CON'l'I NUANCI,: DA'I'ED 7/:J] /9 B . I N HE MO'l'lON FOR CON'I'I NUANCE
HEMUNG 7 !:l0/98 IS Hl':SCHEIIIlI,!':D '1'0 ll/l.1/98 11 AM CH 2 "" BY EDGAR B
BAYLEY J COPIES MAILIW AND FAXED '['0 I'SI' 8/4/98
- ___. ....-___0__----------
CtlS'l'OIW OHDI':H DA'l'ED 1l/13/fJll BY EIJGAH B BAYLEY J - NO'l'ICE MAILED
COI'IES PEHSONA1.LY GIVEN AND FAXED 'I'D PSI' 8113/98
n __ _._ __. _ __ _.- ---- ......--
FINAL PHO'I'EC'I'ION OIUlEH '" 1lA'1'IW B/LI/9R BY EDGAH B BAYLEY J ""
COPIES MAILED COPIES I'EHSONALLY GIVEN AND COPIES FAXED TO PSI'
B/13/9B
..-.------------------.---------
CUS'['ODY CONCILIA1'lON CONI'EHENClc StlMMAHY REPOH'l' AND ORDER" DA'rED
9/14/91l - BY EDGAR B BAYLEY J " COPIES MAILED 9/15/98
-.-- -.-.-.-----...-----.-----..
COMMONWI':AI.'I'II'S PE'I'l1'ION FOH 1II':AHINC; oN CIIARGES OF INDIREC'l' CRIMINAL
-'" CON'I'EMPT
OHllEH ew CO\lll'I' llA'I'IW 6,1 16/9 I)
A HEAH I NC; ON CIIAHGES OF I Nil II " "
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BAYU:Y.I COPIES '['0 llA
I N HE COMMONWEAl,'I'II' S PI':'I'I'l'ION FOH
, .\, Il' WI' - DEFENDAN'[' IS
BY EIlGAH B
7/13/1999 OHDEH OF COURT llA'I'ED 7/8/99 BENCHWAHHAN'[' IS ISSUED FOR 'l'HE
AHHES'I' OF DAVID I<:VANS HWlIH: ,JH BY IWGAH B BAYLEY ,J
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I would alao .lIke to Pl'r-'f,f< cllarq(-ls aqa.i.nst: Mr, SwIre for
kidnappIng and endanqering the lIfe of my child,
terroristic threats, unlawful entry\tresspassing, and theft
of my own as well as my Bon's property, The only reason
that r never pressod Chal'Cff.1S at: the time of the incident lS
that I Wi.IS told by Dotf.J(;tlve Norm Chronlstf,r all April. 2,
1998, that his authorities felt my pressing charges would
jeopardizB gotting Jason back,
The reason I have turned to you regardIng these matters is
that r have spoken to Jan Torpening of Legal Services, Inc,
about an extension of the PFA. who led me to believe that
she did not think it necessary, Ms, Terpening has not
returned any of my phone calls sInce then,
I also spoke with Assistant Dj,strict Attorney, William
Gabig before the Contempt Hearing on July B regarding the
matter, Mr, GabIg told me that an extension of the PFA
would be used as a "bargaining chip" dunng the hearin<;/,
however, Mr, Swire was not present and has not been since
apprehended,
Since I have not received any satisfaction from those who
have the power to help me, I felt it necessary to notify
you, since you have dealt with this case from the start,
The second Issue I would like to address involves some
oorrections to be made to the Temporary PFA (Enclosed) and
the PoLLce Report from March 31, 1998, (Also enclosed),
Regarding the Temporary PFA, I spoke and also wrote to Joan
Carey of Legal Services. Inc. who represented me in this
case, She refused to make any corrections since the Final
Order was already in effect, I fOLlnd this quite disturbing
as some of the statements were contradictory to the police
report and to my own statements, My only concern here is
my own credibil.ity being challenged, I have enclosed a
copy of the Temporary PFA wIth the errors highlighted, I
f_It you would be concerned since YOLlr signature appears on
this document, WhlCh is not true and correct,
More importantly, the Incident report from March 31, 1998
needs to be corrected, J hilve been in tOllch wIth numerolls
people regarding this matter, by telephone and by mail,
(Letters enclos8d) and receIved no satisfaction from
anyonE',
1 have enclosed a copy of the report along with my own
statement, so yoU can compare tho two documents and see the
errors r am concerned wIth, However, I will briefly
describe my concerns here,
1'he first par'agraph of tllO l'eport. sL.ttes specifici;llly that
the child was put in 11 car seat, when 1 t.old officer
Agref~t1l that my lI1a ill concern Was tlw fact that my son I s
life may be 1n danger be1nq that he was NOT 1n a car seat.
1'he second pal'c\qraph states that I was t,old nothing could
be done since I d1d not have custOdy of Jason established,
except they could try to ascertain the child's safety if
they were able to locate him, In actuality, Off1cer
Agresta did tell 1118 that nothing could be done to get Jason
back but she never stated that they would try to locate the
child, despite the fact that I notified her that the
parties were headed to my father's residence and asked them
to radio the Hamden TownShip Police Dpt, She told me she
did not want to get the other police department involved in
the si.tua Uon,
Finally, paragraph three states that during an incident
which occurred on March 27, 1998, Mr, Swire had been
intoxicated, I never stated that Mr, Swire had been
drinking, which he was not, I do not know Why this false
information was incorporated into this report, since it has
no bearing on the situation, and I am very disturbed by it,
I spoke with Georgia Lataha of the Crime Victim\Witness
Assistance Program regarding this matter, She contacted
Officer Agresta who told me to write my own statement of
the incident, I sent a copy of my statement to Ms, Latsha,
Officnr Agresta, and Chief Whitcomb, but nBver receIved any
response, As I sa id, I have enclosed a copy of my
statement as well as a COpy of each letter I have sent.
I am very disapPo1nted at the fact that I have spent so
mUch time writing letters in the hopes that this matter
would be resolVed and gotten nowhere. That is Why I have
been forced to contact yoU in regards to my concerns, I am
left helpless, and do not know where else to tUrn.
Respectfully Yours,
~'WYlAdR" Jib, s;~~
( Jennifer M. Engle
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I certainly thank you for your time and hope that yoU can
help me resolve these matters, or point me in the direction
of someone who can,
If you have any questions please do not hesitate to call me
at (717) 791-9993.
'~'
DISP~TCH INCIDENT:
CAIJL TYPE:
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PAGE: 1
LOCATION
GRID CCL
tlCR
IPG DISPO PRI
_~~~_~_____~____________________________M_____________.________________________
00109
N YORK ST
0404 802 0000 N
03
4
'"
ALARM CTA!< DPAT VEH-REGISTRAT MAKE
DATE RECV DI9P ARRV CLR TOTT REP
------------------------------------.------------------------------------------
N
SLA SLA1
19980331 1644 1644 1645 1710 0026 N
UNIT BADG OFFICER
------------------------------------------------------------------------------
44
40
9 AGRESTA
5 MYERS
SHARON
MARGARET
L 19980331
A 19980331
1644 1645 1710
1644 1646 1710
NAt<lES: ENGLE JENNIFER M (C) 717 791 9993
4341 CARLISLE PIKE, NOW AT 109 N YORK ST W/FRIEND DURING BREAKUP
SWIRE DAVID (0) 000 000 0000
4341 CARLISLE PIKE (?), ORIG FROM MT POCONO, PA
SWIRE RANDY/LEEANN (0) 000 000 0000
42 WOODLAND ROAD, MT POCONO (STRICKLAND MOUNTAIN INN)
COMMENTS: ENGLE HAO MOVED IN AT 109 NORTH YORK ST WITH KEVIN
KROVICH DUE TO HAVING BROKE UP WITH BOYFRIEND AND
FATHER OF HER 3 MONTH OLD SON (JASON SWIRE), DAVID
WAS NOT HANDI,ING THINGS WELL OVER THE FOUR DAYS
BUT DID NOT CAUSE A PROBLEM UNTIL HIS BROTHER AND @@fP~
SIS'l'ER-IN-LAW, RANDY AND LEE ANN SHOWED UP AT 109 D
N YORK TODAY AROUND 2 PM TO VISIT. A'I' 1640 HRS
DAVID SHOWED UP AND BEGAN AN ARGUMENT ~GLE. HE I' ' r' ' J
THEN GRABBED JASON~PUT HIM I~L ~~1\NIr'--'> 5p'<.11'Iu'-'IIJ S, <c/t'd
~EE ANN GRAB KID'S CLOTHES. DAVID LEFT WI'rH !nyt"oct';(/r.:, *;ft,
'"'}OS 1-\ f-- GIbSON> BINDER IN A MAROON BUICK AND RANDY & LEE ANN JOSon A/O[ b: /ft/ In
LEFT IN A BROWN/MF\UVE SPORT UTILITY VEH/TRUCK eli' '" .;- +,
DRIVEN BY TOM WITTER. ' ~ ,J( (,( ,
.
ENGLE BELIEVES ALL ARE HEAJ)ED TO MOUNT POCONO
WHERE SWIRE AND FAMILY ARE FROM AND 1.IVING. NO
ADDRESSES FOR SWIRE.
ADVISED ENGLE THAT DUE TO IT BEING THE BABY'S
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------------------------------------------------------------------------------
00109
N YORK ST
0404 802 0000 N
03
4
'"
ALARM CTAK DPAT VEH-REGISTRAT MAKE
DATE RECV DISP ARRV CLR TOTT REP
------------------------------------------------------------..-----------------
N
SLA SLA1
19980331 1644 1644 1645 1710 0026 N
UNIT BADG OFFICER
-----------------------------------------------------------------------------.
44
40
9 AGRESTA
5 MYERS
SHARON
MARGARE'I'
L 19980331
A 19980331
1644 1645 1710
1644 1646 1710
NAMES: ENGLE JENNIFER M (C) 717 791 9993
4341 CARI,ISLE PIKE, NOW A'r 109 N YORK ST W/FRIEND DURING BRF..AKUP
SWIRE DAVID (0) 000 000 0000
4341 CARLISLE PIKE (?), ORIG FROM MT POCONO, PA
SWIRE RANDY/LEEANN (0) 000 000 0000
42 WOODLAND ROAD, MT POCONO (STRICKLlIND MOUNTAIN INN)
COMMENTS I ENGLE HAD MOVED IN AT 109 NORTH YORK ST WITH KEVIN
KROVICH DUE TO HAVING BROKE UP WITH BOYFRIEND AND
FATHER OF HER 3 MONTH OLD SON (JASON SWIRE). DAVID
WAS NOT HANDLING THINGS WELL OVER THE FOUR DAYS
BUT DID NO'!' CAUSE A PROBLEM UNTIL HIS BROTHER AND @@fP~
SISTER-IN-LAW, RANDY AND 1.EE ANN SHO~IED UP AT 109 D
N YORK TODAY AROUND 2 PM TO VISIT. AT 1640 HRS
~~~DG~:~g ~is~c&-~~I~~~~ ~~~" HE > I "r1:~'tf~('(tllt S, irk',"
~EE ANN C4RAB KID I S CLO'l'HES, DAVID LE~'T WITH !ny ( ". I( ('lIC. ~((J/t,
-:SOsl-\ f-Q~QN> BINDER IN A MAROON BUICK AND RANDY & l,EE ANN JclScn A/Oj/Xldl In
LEFT IN A BROWN/MAUVE SPORT UTILITY VEH/TRlTCK ('i( "I' "(-:- :1" '
DRIVEN BY TOM WITTER, " .> (( ,
,
ENGLE BELIEVES ALL ARE HEADED TO MOUNT POCONO
WHERE SWIRE AND FAMILY ARE FROM AND LIVING, NO
ADDRESSES FOR SWIRE.
ADVISED ENGLE THAT DUE TO IT BEING THE BABY'S
FATHER AND NO CUSTODY AGR~F:f.1"E:~'I:'_,lN,.J!FFEC't.,,!'m. CO.QLD
N..QT... DO ~YnlIN.(LE~CE.l'T cTRY TO l'l$C!);RT~fR ,CUu,.1l' S_)
(gAFETY IF WE_AR!L.ABL~'l'OLOCJ>.'l,'E:.) --) ,.')f(decl 7.-/1((1 .SLt)ll:'f u)((S hpcwlpo(
. -10 1)1\I-Jtdltu('s IV)o/ctrne,/..-I/:} (Il" n
E~lGLE WAS GIVEN A VICTIM'S DOMESTIC VIOLENCE SHEET //11 --/-'4 I 'i'/"
DUE TO HAVING HAD A PROBJ,.El~tW/SW}:~E_ON SAT, 3/28-' I '
AT 0130 HRS WHEN SWIRE@-IO IWr~~mLDRINKING)TOOK ,)/l("k ' ) I )
A UTILITY KNIFE FROM HISl'O"CKET AND HELiJrJ:TO "~k.,J(,(' te,V' n crt
ENGl,E 'S THROAT AND MADE A THREAT TO CUT OPEN HER be t}( eli? In kt,'l (I 1-1" il.
NECK IF SHE, SCREAMS. SHE DID NOT REPORT THE IN- _I ,I OJ" 1,.1, )) 'L
CIDENT TO US AND NEITHER DID HOMEOWNER KROVICH C 1(, '" ,)1 ('l rc -I- lee+ n('
WHEN HE HAD LEARNED WHAT HAD HAPPENED, TOLD I "~ t'"
ENGl,E TO CONTACT DOMESTIC SERVICES TONIGHT TO GET It,,> Xert.
A PFA STARTED AND TO GET HELP WITH CUSTODY PAPERS
SO THAT CHILD DOES NOT END UP IN THE MIDDI,E,
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ENGL~ v! SWIR~, JR, PAGE -3-
So, my decision not to allow David any visitation rights
stands, with good reason, Unless otherwise ordered by a
jUdge, I will not Change my mind on this matter,
I have also suffered emotionally and physically as a result
of the consistent continuances filed on my case. One of
the continuances dated April 13, 1998 was entered in my
name when I never asked for a continuancB, The most recent
motion dated July 31, 1998 and continued to August 13, 1998
states that the parties motioned for a continuance 1n an
attempt to negotiate a settlement out of court, FHSt: of
all, I never agreed to settle on anything, Secondly, I was
never even notified of the hearing set for July 31, so how
could I have requested a continuance?
I would llke my attorney, Joan Carey and paralegal, Jan
Terpening to know that I do not wish to settle out of
court, I want to proceed to gO to a hearing and allow a
jUdge to have a chance to hear my testimony and make a
decision regarding my PFA and custOdy of Jason, I will not
agree to any more continuances in my name, nor will I Sign
any papers in order to settle out of court,
Also, I am reentering my original inventory list of items
stolen or damaged and my own estimated total due in
compensation for the approval of the jUdge. I do not Wish
to redeem David from his obligation to produce either the
items stolen or Pay the estimated cash value. I have gone
through far too much to replace items miSSing and still do
not have what I had before, I wish to be compensated for
my loss,
On June 3, 1998, myself and Andrea Levy, EsqUire, appeared
before a Domestic Relations Confersnce Officer, Mr, Charles
C, Carothers in order to resolve the matter of ~hild
SUpport but David dld not appear, Mr. Carothers sent David
a letter via certified mail statlng that he had missed this
meeting and was being ordered to appear on June 22, 1998,
AgaIn on June 22, David failed to appear and Mr. Carothers
issued a warrant for his arrest, It is my understanding
that this warrant is still in affect,
..
Jonnifer M. Engle
109 N. York St., Mechanicsburg
PA , 17055
December 7, 1998
Officer Sharon Agresta,
Mechanicsburg Police Opt"
102 W. Allen St,
Mech, , PA. 17055
Dear Officer Agresta.
This is a letter confirminq our telephone conversation
on December 7, 1998 in which YOU instructed me to write my
own report of the incident which occurred on March 31, 1998
and that you wU,j then attiltch thilt to the o,nglnal report
to avoid any further confusion in the future,
I have enclosed my repol't and would Like to have CI
copy of both reports once they have been Ittatched so that
I Can add them to my files.
Thank you for your Cooperation in helping me with this
matter.
Sincerely,
~/I1.-rlJI.,-n/ ~J~~
Jennifer M. Engle
, ,
,-
Jennifer M, Engle
l09 N, York St"
Mechanicsburg, VA
l"IO!i5
December 7, 1998
Report of incident at 109 N, York St. on March 31, 1998
At approXimately 16:30 hours David E, Swire, Jr,
arrived at 109 N. York St, with his half brother, Thomas
Witter, They burst through the back door and came into the
~itchen where Jennifer Engle was talking with their sister,
Leighann Swire, their brother, RanctY(Butch) Swire, and
their mutual friend, Joshua Binder, The latter had driven
Leighann and Butch to 109 N, York to visit their nephew,
Jennifer's 3 month old son, Jason David Michael Swire.
David, the father of sald child, began shouting
profanities at Engle and said he was gOlng to take the baby
because he had heard a rumour that she had had sexual
contact with homeowner, Kevin Krovich, Swire then
threatened that he would round up some people from Mount
Pocono and they would all come down here and kill her and
Kevin, Through the courso of these threats, Swire also
begged Engle to come live with him in Mount Pocono and
forget about this whole thing, When Engle refused these
requests, Swire became very angry, pounding his fists on
the kitchen table and pUshing Engle who was standing in
front of him in the kitchen,
While Swire yelled at Engle, the other parties began
to gather Jason's things and take them to Witter's truck in
the driveway, They also took some of Engle's property.
Swire continued to threaten Engle and proceeded to
grab the child who was in a baby bouncer seat, Engle tried
to detain Swire by grabbing his arm, but he pulled away and
Engle did not want to hurt the baby, so she did not
PhYSically persist her wishes to .top Swire any longer,
Swire went out into the driveway as well, He then took the
baby out of the bouncer seat, plaCing the seat into the
back of Witter's truck and got lnto the back soat of
Binder's maroon BUICk where ButCh and Binder were waiting,
Witter was already in his truck at this time,
Engle was now standIng In the back doorway with
Leighann blOckIng her view, and she heard Leighann yell to
David that she hr.1d found tlw kev to ,],mn' s fi'lther' s
...
apartment and they could head OVBr to get the rest of the
baby's and David's things, Engle protest6d this and asked
LaiC/hann for the key back, but Lelghann refused to give up
the k~)y, 'J'hsn LelC/hann told ~:nC/le", "You have \lntH Friday
(April 3) to come and livB w1th Davie in Mount Pocono or
you can 9lVB \IS $1.,500,00 to get the baby back,"
I,8J.qhann then qot into th8 Buick with .Josh, Butch, and
DaVld (who was hoLding the baby in h1B lap) and Josh pulled
out of the drlveway wLth Wltter followinC/,
Enqle called her father who was at a friend's house
who told her to dial 911 immediately, Engle warned her
father that they would be heading to his apartment and that
they might steal some of hIS things,
After hanging up with her father, Engle called 911 and
the Mechanicsburg pOlice arrived a few minutes later.
Engle told Officer Agresta that David and his family
had taken her three month old infant who was not in a car
seat and headed to her father's apartment in Hampden
Township to which they had taken the key for out of Engle's
bag at 109 N, York, She voiced her concern that they might
take some of her father's things and her things that were
still at that residence,
Officer Agresta asked Why she was at 109 N, York and
Engle explaIned that she had recently broken up with Swire
who had been violent toward her and the baby, even
threatening her and the infant with a utility knife on
March 28, at 0200 hours, She said she had not notifIed
police about this incident, which also occurred at 109 N,
York, because she wasn't trying to get David into trouble,
she just wanted him out of their lives, She said she was
staYing at 109 N, York with her friend, Kevin because Swire
used to live with her at her dad's apartment and she was
afraid he might come there to hurt her since her dad worked
a lot and she and Jason would be alone most of the time
there,
Engle then asked Officer Agresta if they cO\lld go
after them since the baby was not in a car seat, Agresta
said that since the suspects were no longer in
Mechanicsburg they had no jurisdiction to do so,
Engle then asked Agresta if she could somehow radio a
message to the Hampden TownShip Polics Department and ask
them to check her father's apartment at 4341 Carlisle Pike,
Camp Hill to BAR if the s\lspects were still there. Agresta
said that Blnce thaI'S was no proof they had headed that
..
.~'
109 North York Street
Mechanicsburg, PA 17055
(717) 791-9993
December 9, 1998
Officer Sharon Agresta
Mechanicsburg Police Department
102 W~st Allen Street
Mechanicsburg, PA 17055
REF: DISPA'fCH INCIDE:N'I': 19980300370 MeB
Dear Offlcer Agresta:
This is a letter confirming our telephone conversation
on December 7, 1998 in which you instructed me to write my
own report of the lncidBnt which occurred on March 31, 1998
and that yoU will then attach that to the original report
to avoid any further CODfuRlon ln the future, The
following is my story:
On March 31, 1998 my lnfant son Jason and I were
staying at Kevin Krovich's residence at the above address,
At approximately 1:00 PM, Leighann Swire, Randy
(Butch) Swire, and Josh Binder arrived unexpectedly to
visit.
At approximately 3:00 PM, Kevin Krovich left to go to
Work,
At approximately 4:30 PM, DaVid Swire and Thomas
Witter burst through the back door and with the help of
Leighann and Randy proceeded to take my .lnfant son and some
of his and my belongings, I did everything within my POwer
to try to stop them but I was overwhelmed and outnumbered.
After they left, and r was no longer in fear of immediate
danger, I dialed 911,
At approxlmately 4:45 PM, Officers Agresta and Myers
arrlved at the rear of the resldence where r was outside
walting with neighbors Natalie Sonker and Stephanie
Hassinger,
r told Officer Agresta that David SWlre and his family
had just kidnapped my three month old son, Jason Swire and
were heading over to my father's apartment in Camp Hill to
take the rest of David's and the baby's things,
..
F:ttgle - Page 2
Officer Agresta asked me why David's things were ,at
that residence and 1 explained that he and I had been
living there with my dad until our recent brake up.
Officer Agresta then asked why I was at 109 North York
Stl'eet,
I told her that because of an incident on March 28,
1998 where Swire threatened me and the baby with a utility
knife I felt safer at Kevin's house since my father worked
a lot and my Bon and I would be alone there most of the
time.
Officer Agresta asked if the police had been notified
of that incident and I told her that I had not called the
police because I didn't want to get David arrested or
anything I just wanted him out of my life,
Officer Agresta then asked me If the residence at 109
N, York was that of a Mr, Krovich,
I stated that it was his reSidence,
Officer Agresta told me to try to recall to the best
of my ability the events that had just occurred. giving
names and addresses of all the lnvolved parties,
I said that Leighann Swire and her brother Randy Swire
came to Kevin's house with their friend Joshua Binder
saying that they were here to visit with the baby who is
Leighann and Randy's nephew,
I then told Officer Agresta that Kevin had left for
work around 3:00 and that at approximately 4:30 David Swire
(FOB) and his half brother Thomas Witter burst through the
back door and David started screaming profanities and
threats at me and said that he was taking the baby.
I said that Leighann, Randy, and Thomas were putting
the baby's things into Thomas's truck while David was
yelling at me and pushing me around,
Officer Agresta then asked me what kind of truck
Thomas had driven here in,
I was Unsure of the make but I Bald that it was ~ big
brown truck that looked something llke a blazer,
Officer Agresta then asked what kind of vehicle
),e j,qhann and Randy had come in,
~
Engle - Page 3
I told her that Josh had driven them in his maroon
Buick,
Officer Agrest~ then asked me how they actually
proceeded to take the babY,
I stated that the baby was in the living room in a
baby bouncer seat and David pushed past me and grabbed the
baby in hIs seat and tried to take him out to Josh's car,
I said that I had tried to detain hIm by pUlling his arm,
but after he kept pUlling away I stopped for fear that the
baby would get injured,
Officer Agresta asked what the other parties were
doing at the time David had the baby in his possession,
I told her that Leighann was in the living room
looking through one of my bags and I believed everyone els8
was already outside in the driveway waiting for her and
David,
Officer Agresta then asked me how David got the baby
into the car and what happened once he succeeded in doing
that,
I stated that he walked out to Josh's car while
Leighann kept pushing me back and telling me that I would
have to come WIth them if I came out there. I said that
Lelghann was standing in the back doorway facing the
driveway and I was trying to look over her shoulders to see
what was going on out there, I then stated that Leighann
yelled to David that she had found the key to my father's
apartment and they could go over there to get the rest of
David's and the baby's things,
Officer Agresta asked me where my dad's apartment was
and I told her it was at 4341 Carlisle Pike in Camp Hill,
Officer Agresta then asked what els8 happened before
the parties left,
I then told her that Leighann turned to me and said
that I had until Friday (Aprii 3) to come to Mount Pocono
and live with David and the baby or I would have to give
them $1500 to get the baby back,
Officer Agresta than asked what David was doing while
I was standing in the doorway with Leiqhann.
F.:ngle .., Pails 4
I told her that 1 had seen him put the baby's bouncer
seat into the back of the truck and then get into the back
seat of Josh's car holding the baby on hrs lap,
I then told Officer Agresta that after Leighann's
threat, she ran out to Josh's car and Josh pulled out of
the driveway followed by Thomas rn his truck,
Officer Agresta asked who was in each veh1cle and I
told her that everyone was 1n Josh's car except Thomas who
was dl'l,ving hrs truck,
I then voiced my concern that the baby was not in a
car seat and asked Officer Agresta if they could go after
them for that reason,
Officer Agresta told me that since they were already
out of Mechanicsburg, they had no juriSdiction to do so,
She then asked me if I had any idea where they may be
headed,
I told her that they were heading to my father's
apartment in Camp Hill because Leighann had refused to give
me my key back that she had gotten out of my bag. I asked
Officer Agresta if they could somehow radio a message to
the Hampden TownShip Police Department and make them aware
of the situation so that David and his family could be
stopped and my baby could be brought back to me safely,
Officer Agresta said that since there was no proof
that they were even going to be there she did not want the
Hampden Township Police to get involved,
Officer Agresta then asked me if I had any custOdy
papers or if I had ever establish6d custody of my Bon,
I told her that I had not done so because after our
break up, David and I had agreed that he would come to
visit the baby on Easter, so I didn't think we were going
to have a problem,
Officer Agresta proceeded to tell me that since
custOdy had not been established and David is the father of
the baby he has just as much right to the baby as I do,
I again expressed my concerns about the baby not being
in a car seat, telling Officer Agresta that they would all
be heading North on Interstate 81 to Mount Pocono which was
a two hour drive from here,
R
.
.1ennifer Iobrie f<i1g1.e
for herself and on behalf of
her minor child I Jason l:Qvi9
Michae1. Swire P 1.1.11n t j ff
VS.
IN TUE COUIll' OF COMMON PLEAS O~'
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
David ]i:Vans Swire, Jr.
Defendant:
CASE NO, 98-1.839 Civil. Term
~!.YJJ,~__ IH;NC''-.WARRAN!
TO THE SHERIFF OF CUMBERLAND COUNTY:
You are hereby commanded by the Court of Common Pleas of
Cumberland County, Civil Division, to take _llalLid ,",'"nR Swire-L-'lE.
TO APPEAR IN COURT, and forthwith bring the said person before
who stands charged in said Court for FAILURE
the Court, or one of the ,Judges thereof. to be dealt with
according 1:0 the Law,
~/itness this ..1.3_tJL.. day of _JlllY,_._..",_ ' A,D., 19 ~__.__
_~rtis ~ Long
Prothonotary
.----.,
By:
AJu~tJ
.
a .'P.. ;.k>~...J
Deputy ,
ADDRESS:
'''.lO!>-Ma4n~ .. ......_~.____
..LIlil<l!LJ.'A 1.8612-1801__,
DaB: --.l2.L2W.7_______ S. SEe. U 192-58-6230
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Defendant Name: DA VID ~WIRr,'_JRn-l ,taL.
DockclNumber: --l ~
POLICE
CRIMINAl, COMPLAINT'
I, 6/01 of the 1./ 1'0,1.'.,\',
(8""0.",---,--, f~llbHtUQII' l'ARI.IYI., (('OIlIllUI
1. oflhc
---c.~jJon'j-- (~lIbllfl/QII' ('A Sf.IIII.) --. (to..IIIII)
3, oflhe
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4, of the
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S. of the
(Sftl~- ISlIbltcllQnJ lPASI.lMI.) ---Cl'oIlIlIJ)
3,
IllSk Ibal 0 ,a warrant of arrest or 0 a ,'ammon" be issued and Ihullhe defendant be required 10 an'wer Ihc charges I havc made, (ln
order for a warralll ofarreslto issac, the allached affidavit ofprobahle cau'e musl he completed and sworn to hefore the issuing aUlhorily,)
I verify Ihallhe facts scl forth In Ihis complaint arc true and correello Ihe hesl of my knowledge er information and belief, This verlficallon is
made subJecllo Ihe penalties of Section 4904 of the Crimes Code (18 P A, C,S, 4904) relating te unswom falsification, to aUlhorities,
'\
<
4,
'L\ ~~, 1~9~
( It,)
AND NOW, on Ihi. dale , I certify the complaint has been properly eompleled and verified, An affidavit
of probable cause musl be compleled in order for a warranlto issue,
(M'.'.tcrJ.IIlI.trlc:o
----
(JUUh1IAlUhorfly)
(SEAL)
2
c
AFI'IDA VIT OF PRODADLlJ CAUSE
COMPLAINT NUMBER
YEAR
TYI'E
NUMBER
COURT OF COMMON Pl,J<;AS m'
CUMBERLAND COUNTY
Complaint Numbers If Other Participants
INCf/)ENT NUMBER
99-0684
lICRNO,
260
OTN
COMMONWEALTH 0.' PENNSYLV ANIA
DEFENDANT: VS.
I,
Detecl/ve Letitia R, Woodford
(Name of Affiant)
NAME
AND
ADDRESS
David Evan Swire, Jr,
105 Main Streel
Dallas, PA 18612-1801
of Cumberland County District Attorney's Ornee, Criminal Investlgal/on Division
(Identify depnrtmenl or ngeney represenled and political sUhdlvision)
helng duly sworn (or affinned) before me, according 10 Inw, deposes and says Ihat Ihere is prohahle cause to helleve thaI:
PRODADLE CAUSE DELIEF IS DASED ON THE FOLLOWINO FACTS AND CIRCUMSTANCES:
Your nmant is a Detective in the Cumberlnnd County District Attorney's Office, Criminallnvestigntion Division and has
heen so employed for Ihe past 2 years,
According to the Plainlift~ On April 5, 1999 llnd May 18. 1999, the Defendant placed collect calls to the home of the
Plaintiff, hut ehnrges were not nccepted,
During mid-April, 1999, the Defendant's sister, LeighAnn cnlled the Plnillllff on behalf of the Defendant, asking the Plnintiff
to drop the pending child support order, The Defendnnl's sister also slated the Defendant wanled 10 visit his son, 'Ihe Plalnliff
explnined the Defendant would have to pelition the court for visitation rights,
On June 2,1999, the Defendant telephoned the home of the Plaintiff and the Plaintiff answered, Plaintiff told the Defendant
he wns not to be calling her and Defendant stated he could do anything he wanted, as Ihe PFA had expired, Defendant asked Plaintiff
Vlhnt color her hair was and if she had lost or gained any weight since he lasl saw her, Defendant stated he had tried to call the
Plaintiffs fathcr and the lelephone number was still hooked up, lhe Defendant explained Ihnl he thought the Plaintiffs father had
moved from his npartment, This concerned the Plainliffhecause the Plaintiffs fllther had just recently moved oul of the apartmenl,
The above listed accounts lire in violation of paragraph #3 of Final Protection Order 98-1839 which slates the following:
"Defendant is prohibited from having ANY CONTACI' with the Plaintiff at any location, including, but not limited to, any contact at
the Plaintiffs place of employment and the day care facility of the minor child, Defendanl is specifically ordered to stay away from
the following loeatioo for the duration ofthis Order: Ihe Plaintiffs residence which Is al an undisclosed location to avoid further
abuse, and any residence she may In Ihe future establish for herself:' These accounts are also in violation of paragraph #4 of
Final Protection Order 98..1839 Civil Tenn, which stales: "Defendant shall nol contacl Plaintiff by lelephone or by any other means,
including third parties,"
In lieu of the above listed Information, I respectfully request the Defendant be summoned by the Court to appear on a charge
ofIndirect Cri~ 1 Contempt
....::::..--
"
"Iq,tI
StONATURn OF APPIAN'
, TIZEN
DAlxm NO,
mS'fRICTIUNIT
Swom to and suhscribed before me this _'___ day or _,
(Signature of bllulng Authority)
(SEAL)
,19_
DtSTRICT JUSTtCE COURT NO,
OFFICE ADDRESS:
[J On at _u,lll, Defbndant mllY enler thl\ residcnce to rctrievc his/her clothing
and olher person III eflbcts, provided that Defendant is in the company of II IlIw
enforcement otlicer when such retrieval is mllde,
l8> 1 Defendant is pmhibited from hllving ANY CONTACT with the 1'laintifl'lIl lIllY
loclltion, including, but not limited to, any contact al the Plaintiff's place of employment and the
day care facility of the minor child, Defendant is specifically ordered to stay away from the
lollowing location Ihr the duration of this Order the Plaintilrs residence which is at an
undisclosed location to avoid further' abusc, and nuy resideuce she may in the future
establish for henelf,
[K> 4, Defendant shall not \:Ontact the Plllintill' by telephone or by any other means,
including third parties,
[g) 5 Custody of the minOl' child. ,/asou /}avid Michael Swire, shall be as follows: the
Plaiutiff shall have Ilrirnary physical and legal cllstody of the parties' 7-lIIonth old child,
The Defendant shall have uo coutact with the child until fmiher Order of Couri after the
custody conciliation confel'enC'.' scheduled on Aligust 26, 1998, at 11 :00 n,rn, wilh
conciliator, Michael A. Bllngs. See attndlCd Custody Order.
o (, Defendant shall immediatdy turn over to the Sherill's Oflice, or 10 a local law
enforcement agency llu delivery to the Sherill's Oflice, 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 Irom possessing, tl'llnslerring or acquiring any other
weapons for the duration of Ihis Order. Any weapons delivered 10 the sheriff' under Paragraph (,
of Ihis Order or under Paragraph (, of the Temporary Order shall not be returned until further
Order of Court,
[g) s,
The following additional relief is gran led as authorized by ~6! os of this Act:
Law enforcement agencies, human servke agencies al1(l school districts shall not
disclose the presence of the PlaintilT andlor address, telephone number, or any other
demographic inlhrmation about the I'!aintiff and/or minor child except by further Order of
Court,
This Order shall remain in ellbct until modified or terminated by the Court and clln
be extended beyond its original expiration date if the COUl1 finds that the Defendant has
committed an act of abuse or has engaged in a pattern or practice that indicates risk of
harm to the PlaintilT and/or minor child,
o TIm terms of this Order prohibit Defendant thUll using, allempting 10 use, or
threateninglo use physical force against thc Plalntill' and/Ol' the parties' minor child Ihal
would reasonably be e~peetcd to cause hodily inJulY,
IE>
13,
TillS ORDER SUI'liRCEDW;
IE> ANY I'RIOR I'FA ORDER and
IE> ANY PRIOR ORDER RELATING TO CIIILD CUSTODY,
,(1v'{'X-:11
12
I
I c,C'f)
IE>
14,
All provisions of this Order shllll expire in one year, 011
NOTICE TO THE DEFENDANT
VIOLATION OF T1-1IS 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,
96114 VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL
PENALTIES UNDER TilE PENNSYLVANIA CRIMES CODE. THIS ORDER IS
ENFORCEABLE IN ALL FIFTY (50) STATES, TIlE DISTRICT OF COLUMBIA. TRIBAL
LANDS, U,S TERRITORIES, AND TilE COMMONWEALTII OF PUERTO RICO UNDER
TilE VIOLENCE AGAINST WOMEN ACTION, 18 use ~2265 IF YOU TRAVEL
OUTSIDE OF TIlE STATE AND INTENTIONALLY VIOLATE TillS ORDER, YOU MAY
BE SUBJECT TO FEDERAl. CRIMINAL PROCEEDINGS UNDER TIIAT ACT, 18 use
992261-2262, IF PARAGRAPH 12 OF TIllS ORDER HAS BEEN CHECKED, YOU MAY
BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY"
PROVISIONS OF THE GUN CONTROL ACTION, 18 U,S,c. 9922(0), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION,
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have Jurisdiction over the Plaintiff's residence OR any Incation where a
violation of this Order occurs OR where the Defendant may be located, shall enforce this Order,
An arrest tor violation of Paragraphs I through 7 of this Order may be without warrant, based
solely on probable cause, whether or not the violation is committed in the presence of the police,
23 PaeS, 96113.
Subsequent to an arrest, the police officer shall seize all w~apons used or threatened to be
used during the violation of the Protection Order 01' during prior incidents of abuse, The
Cumberland County SheriO's Department shallmllintain possession of the weapons until fur1her
Order of this COllrt, When the Defendant is placed under arrest for violalion of the Order, the
Defendant shall be laken to the appropnale authority or authorities belore whom Defendant is to
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Ill> 11 . """",,, .hol' ,oy S2, '" 00 " ".,,,,ft'.. _,.,..'h" f" ,,",o"ff' ,,"I .,f.
pocket losses, which are liS folloWS', ste attached Exhibit !\,
o PI",."ff " ,,,"'., I"" " ..."", · ,.,1100, wi'h .",,,,,1.,, """" to
"",,"'''', to. ,"',,,, ,.. ~"w., ,f "", .,f.""," "''''. Th' ,0111'" ,h.1I ,,,,,",,, ..
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",.", .'" " On'" ","","" . ""do, Nor" .",,, '" ,"'01"" hy ,,,, 'M"'''''''''''
office for the filing of this pctition,
G5> \2
BRi\D'i \NDlCATOR
Ill> \. "'" PI","''" " ".",,'" ,,,,,,of' I. , .","'" f.- '","'" · pot'"
who ool"hI'"'' ~ h.. ",hobl'''' wI,h ,h' DO......" · '''''' 0" -."" ",,111, · ",,111
of that person, or a child of the Defcndant,
Ill> 2 ThO O,II~ ,. ""'" ..~'" .11'" h.'"'" .f wh',hth. """",... ,"""of
actual notice and had an opportunity to be heard,
Ill> , . ,,,,,,,,,,h I .f IhI< ,_ h" h"" "..,'" " """,. tho ".r""'''' .om
h.m"''''' ...,,,"" .. 'h'U'O<'" PI.,,,, ill' ."".. ,'" ,..;..' "I.., ,hl1d
Ii!> , """"',, ,,"'''''". "of\h" ,h"" "I'" ,hyo'" ~fO' "thO PI","'"
and/or the parties' minor child,
, ,
o The terms of thi~ Order pmhibit Detendant thun using, allempting 10 UIItl. or
thr\latening to use physical forcc against the Plaintill. and/or thc pnrties' minor child that
would reasonably be expected to cause bodily injury,
[B)
13,
THIS ORDER SUPERCEDES:
lID ANY PRIOR PFA ORDER and
IE> ANY PRIOR ORDER RELATING TO CHILD CUSTODY,
/lvC~J I
12
-'
I qqo,
IE>
14,
All provisions of this Order shall expire in one year, on
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 PAC.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, fERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER
THE VIOLENCE AGAINST WOMEN ACTION, ]8 lJ.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 MAY
BE SUBJECT TO FEDERAL PROSECUTION AND PENAL TlES UNDER THE "BRADY"
PROVISIONS OF THE GUN CONTROL ACTION, ] 8 \J.S,c. *922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION,
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the Plaintiff's residence OR any location where a
violation of this Order occurs OR where the Defendant may be located, shall enforce this Order.
An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based
solely on probable cause, whether or not the violation is committed in the presence of the police,
23 Pa,C,S, *6113.
Subsequent to an arrest, the police ol11cer shall seize all weapons used or threatened to be
used during the violation of the Protection Order or during prior incidents of abulltl, The
Cumberland Counly Sheriffs Depal1ment shall maintain possession of the weapons until further
Order of this COUl1, When the Defendant is placed under arrest for violation of the Order, the
Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to
I
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~l\PR 0 a 1998
'"
JENNtFER MARIE ENGLE. : IN THE COURT OF COMMON PLEAS OF'
Plaintiff
for herself and on behalf of her minor child:
JASON DA V1D MICHAEL SWIRE, : CUMBERLAND COUNTY, PENNSYL V ANlA
v,
: NO. 98- I'~
CML TERM
DA V1D EVAN SWIRE, JR"
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
AND NOW, this ~h(daY of April, 1998, upon presentation and consideration of the
within Petition, and upon finding that the plaintiff; Jennifer Marie Engle, CUITIlllt1y resides lit Twin
Pines Apartments, C14, 4341 Carlisle Pike, Camp Hi1l. Cumberland COunty, Pennsylvania. and
the parties' 3-month-old minor child, Jason David Michael Swire, who is believed to be with the
defendant, are in immediate and present danger of abulIe from the defendant, David Evan Swire,
Jr,. the following Temporary Order is entered,
The defendant. David Evan Swire, Jr., (SSN: I 92-58-623 O)(OOB: 12/29177), who the
plaintiff believes to be residing with his half-brother, Thomas Witter, at Pocono CountrY Place,
Lot No, F16, 6107 Boardwalk Drive, Tobyhanna. Monroe County, Pennsylvania. Is hereby
enjoined from physically abusing the plaintiff. Jennifer Marie Engle, or the panies' minor child, or
from placing them in fear of abuse.
The defendnnt is ordered to stay away from the plaintiffs residence located at Twin Pines
Apartments, C14, 4341 Carlisle Pike, Camp Hill, Cumberland ClJunty, Pennsylvania. a residence
which is leased by the plaintiff's father, James Engle, and is ordered to stay away from any
residence the plaintiff may in the future establish for herself.
The defendnnt is ordered to refrain from having lII1Y direct or Indirect contact with the
plaintiff including, but not limited to, telephone and written communications.
"
, .
"
"
"
The defendant is enjoined from harassing and staIklng tbe plaintiff and from lwuslng her
relatives,
The defendant Is enjoined from entering tbe plaintill's place of employment or the day care
licillty of the parties' minur child.
The defendant is enjoined from removing or damaging any property owned jointly by the
parties or owned by tbe plaintiff.
A vioMion of this Order may subject the defendant to: i) arrest under 23 Pa.C.S, i6113;
U) a private criminal complaint under 23 Pa.C.S. t6113.l; ill) a charge of indirect criminal
contempt under 23 Pa.C,S. t6114, 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. ~6114,1.
This Order shall remain in effect until modified or tenninated by tbe Court and can be
lllrtended beyond its original eltplratlon date if the Court finds that the defendant has committed an
am of abuse or has engaged in a pattern or practice that indicates risk of bann to the plaintiff.
Temporary custody of Jason David Michael Swire is hereby awarded to the plaintitt:
Jennifer Malie Engle.
The defendant is ordered to return tl,e parties' child to the custody of the
plaintiff. The SI,eriD's Department or any law enforcement agency witl,
Jurisdiction to enforce this Order shall assist tl,e plaJnd/fln retrieving the child.
The defendant Is ordered to relinquish to the sberlft's department any weapons (a utmty
IIIIlre) which he owns, possesses, has used or threatened to use in an incident of abuse against the
plaintiff. The defendant is prohibited from acquiring or possessing any other weapons for tbC!l
duration of the Order and is required to relinquish to the sheriff any firearm license the defendant
may possess, The defendant's weapons and firearm license may be returned at tbe expiration of
the Protection Order after the defendant has submitted a written request to the Court for the
return of the weapons and the COUIt has notified the plaintiff of the request and given the plaintiff
"
, ,
'., ,
an opportunity to respond. A copy of tbls Order shall be transmitted to tbe chief or bead of
the police department of tbe Hampden Townsbip Police Department, ML Pocono Regional
Police Department, and tbe sberiff of Monroe County.
A HEARING SHALL BE HELD ON THIS MATTER
ON APRIL 9~.1998,AT /.'~ C.M., IN COURT
ROOM NO. ;J..... OF THE CUMBERLAND COUNTY
COURTHOUSE, CARLISLE, PENNSYLVANIA.
The plaintiff may proceed without pre-payment of fees pending a further order after the
bearing,
The Cumberland County Sherift's Department sba1I attempt to make service at the
plaintift's request and without pre-payment of fees, but service may be accomplished under any
applicable role of Civil Procedure.
This Order shaI1 be docketed in the office of the Prothonotary and forwarded to the Sheriff
for selVice. The Prothonotary shall not send a copy of this Order to the defendant by mail.
The Hampden Township Police Department shall be provided with a certified copy of this
Order by the plaintift's attorney, This Order shall be enforced by any law enforcement ag;ncy
where a violation occurs by arrest for indirect criminal contempt without warrant upon probable
cause that this Order has been violated, whether or not the violation is committed in the presence
of the police officer. In the event that an arrest is made, under this section. the defendant shall be
taken without unnecessary delay before the court that issued the order. When that court is
unavailable. the defendllllt shall be taken before the appropriate district justice. (23 PLC.S.
"
, ,
I" ,
, ,
JENNIFER MARIE ENGLE. : IN TIlE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor cblId:
JASON DA vro MICHAEL SWIRE, : CUMBERLAND coUNTY. PENNSYL V AN1A
v.
: NO, 98-
,_ CIVIL TERM
DA V1D EVAN SWIRF... JR..
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
NOTICE
You have been sued In court, U' you wish to defend against the c1aims set fanh in the
following pages. you must take action promptly after this Petition. Order aud Notice are served,
by appearing personally or by attorney at the hearing scheduled by the Court and pretentlng to the
Court your defenses or objections to the claims set forth against you. You ere warned tbat if you
fail 10 do so the Court may proceed without you, lIIId a judgment may be entered against you by
the Court without further notice for any money c1almed in the petition or for any other claim or
relief reque.,ted by the plaintiff. You may lose money or property or other rip lmponant to
you, Any protection Order JP'llnted by a Court ...y be considered In any sublCqucnt
domestic relations proceedings, Including clUtody dODl.
~
If the case goes to hearing and the judge srants a Protection Order. a surcharge of$2.5.00
will be assessed against you. You may also be required 10 pay up to $2.50,00 to reimburse one of
Legal Services, Inc.'s funding sources for Legal Services. Inc.'s representation of the p\aintlff.
You have the right to be represeDted by counseL You should take this paper to your
lawyer at once. If you do not have a lawyer or caDDot af1'ord ODe., ao to or telephone the
omce set forth below to nnd out where ou can I hel.
CUMl\ERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE. PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-3166 or TOL.L FREE: 1-800-990-9108
FAX: (717) 249-2663
The Court of Common PIcas of Cumberland County is required by law to COlnply witb the
Americans with Disabilities Act of 1990, For information about lICCCIsible li.ci1lties and
reasonable accommodations available to disabled individuals having business before the court.
please conta::t our office. All arrangements must be made at least 72 hours prior to any hearlna
or business before the coun,
"
II,; ,
the plaintiff In reasonable fear of bodily injury to hend( aad her minor child. Thl., has included,
but Is 1I0t limited to, the fonowing specific instances of ahue:
a) On or about March 31, 1998. the defendant entered the plaintiff's
residence, yelled at her, told her he was taking the parties' J.momh-old son, Juan
David Michael Swire, The defendant's sister. Leighann. who was visiting the
plaintlfl'. distracted her to afford the defendant the opponunity to take the baby.
At. they were leaving, LelghllIll told the plaintift'that she had umil Friday, AprlIJ.
to return to Mt. Pocono to live with the defendant or she wouJ~ have to pay them
S1,500 to get her baby back. The plaintifF contacted the police UId the
Cumberland Cowrty District Attorney's Office and an investigation of the incident
is undenvay, The plaintiff fears for the baby's safety because of the defendant's
prior threats to kill her and the baby and his abuse of the child and her,
b) On or about March 28, 1998, when the plaintift'told the de..rendant that she
did not want to continue their relatlonshlp, he sat ontop of her legs/straddled her
legs, grabbed her by the neck with one hand and choked her, md with the other
hand held a utility knife with a razor blade Insen under her chin and threatened, "I
swear to God, I'll slit your throat right now if you try to leave me." The defendant
got off of the plaintifl: sat down in a chair, and while holding the knife in his Iw1d
threatened to kill the plaintlfl'. their baby, and himselt:
c) In or about mid-March 1998, the defendant telephoned the plaintift' at her
ftiend's house, demanded that she return home, repeatedly banged his head against
II metal post u he was talking to her on the telephone, threw the telephone to the
floor breaking it and causing the line to disconnect, Whllll the plaintifF and her
father returned to the apartment, the defendant described to her In detail how he
had cut up her clothing and defaced her face in a picture of her and him using the
"'*'1'J-
'. "
anteMll of the brukcn telephone to repeatedly stab her likeness, and he
demonstrated how he had gouged the picture, The plaintiff found remnants of her
clothing in the bedroom and outside in the dumpster where the defendant had
thrown them.
d) In or about early March 1998. the defendant became angry when the infant
cried and shook the child violently, Fearing for the baby's safety, the plaintift' took
the baby from the defcndant.
e) On or about February IS, 1998, the defendant prevented the plaintiff' from
leaving the apartment by holding her in a "bear hug" from behind and tbreatened to
take the baby if she tried to leave.
t) On or about February 6, 1998. the defendant became angry when the baby
cried and threw a watch at the plaintiff such that it hit her on the forehead and the
baby in the face near his eye. The plaintiff sustained redness and soreness on her
forehead and the baby sustained a red mark on the bridge of his nose as a resu1t of
this incident.
g) In or about early February 1998, the defendant punched the plaintiff' several
times about her back. The plaintiff sustained soreness about her back as a result of
this incident.
h) In or about December, 1997, the defendant punched the plaintiil: who wu
approximately 8 months pregnant, in the back several times and l'ushed her about,
i) In or about October 1997, the defendant head"butted the plaintiff in the
head when she was approximately 6 months pregnant with the parties' baby, The
plaintiff sustained soreness about her forehead as a result of this incident.
j II,
, S. The plaintiff beUeves and tberefbre avers tbat she and tbe minor cbi!d are In
immcdlate and present danger of we from tbe defendant and that they are in need of protection
Iiom such abuse,
6, The plaintiff de5ires that tbe defendant be prohibited Iiom having any direct or
indirect contact with the plaintiff or tbe minor child including, but not limited to, telephone and
written communications.
7, The plaintiff desires that the defendant be enjoined Iiom harassing and stalking the
plaintiff: and from harassing her relative5,
8, The plaintiff de5ires that the defendant be restrained Iiom entering her place of
employment.
9, The plaintiff desires that the Court order the defendant to relinquish to the sherift's
deplll1ment any weapons including a utility knife, which he owns or poSSe5ses, and prohibiting the
defendant from acquiring or pOSSe5sing any weapons fbr the duration of the Tempol'8lY
Protection Order,
D. EXCLUSIVE POSSESSIjlli
10, The aplll1ment located at Twin Pines Aplll1menls, C14, 4341 Carlisle Pike, Camp
HiI~ Cumberland County, Pennsylvania. from which the plaintiff is asking the Court to order the
defendant to stay away is rented in the name of James Engle, the plaintiff's father. To the best of
the plaintiff's knowledge the defendant has been residing at the residence of his ha1f.bj'\ith~r,
Thomas Witter, Pocono Country Place, Lot No, F16, 6107 Boardwalk Drive, Tobyhanna,
Monroe County, PellJlllylvania, since March 28, 1998.
.
..
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(-
" ,
C. LOSSES AND RFJMBI.l~~'t FOR COST OF CA~E
II. The plaintiff has suffered losses as a ~l of the abuse by the defendant. The
losses are listed on Exhibit A attached.
12, The plainrift' asks that the defendant be ordered to pay $250.00 to Cumberland
County, one ofLegaJ Services, mc.'s funding sources as reimbursement for the cost of litigating
this case, and that the defendant be assessed the S2S, 00 SW'tharge and any court costs if tbe case
80es to hearing,
D. TEMPORARY CUSTODY
13, The plaintiffseelcs temporary custody oftbe following child:
&m1 Address
lason David Michael Swire Pocono Country Place
Lot No. F16
6107 Boardwalk Drive
Tobyhanna, Monroe County, Pennsylvania 18466
The child was born out of wedlock.
The child is presently in the custody of the defendant, David Evan Swire, Ir" who resides
at Pocono COWltry Place. Lot. No. F16, 6107 Boardwalk Drive, Tobyhanna, Monroe County,
Au
3 months old
DaB: Ianuary 6, 1998
Pennsylvania,
Since his birth, the child has resided with the following persons and at the following
addresses:
&1m
Defendant and his half-
brother, Thomas Witter
Add~1
Pocono Country Place
Lot No. F16
6107 Boardwalk Drive
Tobyhanna, Monroe County, Pennsylvania 18466
Jlala
From March 31, 1998
to the present
Plaintiff, defendant, and
her father, lames Engle
Twin Pines Apartments, C14
4341 Carlisle Pike
Camp Hill, P A
From Ianuary 6, 1998
to March 31, 1998
,1
.....
...
I. '.
The plalntlft; the mother of the child, is Iennifer Marie Engle, cumntly residing at Twin
Pines Apartments. C14, 4341 CarUsle Pike, Camp Hll1. Cumberland County, Pennsylvania.
She is single,
The plaintiff CUlTcntly resides with her father. lames Engle.
The defendant, the father of the child, is David Evan Swire, Ir., currently residing at
Pocono Country Place, Lot, No, F16, 6107 Boardwalk Drive. Tobyhanna, Monroe County,
Pennsylvania.
He is single,
The defendant currently resides with his haIf.brother. Thomas Witter,
14, The plalntiffhas not previously participated in any Utigarion concerning custody of
the above mentioned child in tbis or any other Court,
1 S, The plaintiff has no knowledge of any custody proceedlngs concerning this child
pending before a court in this or any other jurisdiction.
16. The plaintiff does not know of any person not a party to this action who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child,
17, The best interests and pennanenl welfare of the minor child will be met ifcustody
is temporarily granted to the plaintiff pending a hearing in this matter for reasons including:
a, The plaintiff has provided for the emotional and physical
needs of the child since his birth and is a responsible parent who can
best take care of the minor child.
b. The defendant has shown by his abuse of the plaintiff and
child that he is not an appropriate role model for the minor child.
c, The defendant has forcibly removed the r.bi1d from the
plaintiff in that he: came to her residence uninvited, removed the
..
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child, threatened the plaintiff'that she had to return to Mt. Pocono
to "ve with him by Friday, April 3, or she would have to pay him
S1,500 to get the baby bacle. The plaintiff'fears for the safety of the
child because of the defendant's violent and unstable behavior,
WHEREFORE, pursuant to tbe provisions of the "Protection from Abuse Act" of October
7, 1976,23 P.S. ~6101 !l11~., as amended. the plaintift'prays this Honorable Court to grant the
foUowing relief:
A. Grant a Temporary Order punuant to the "Protection ffom Abuse
Act:"
1. Ordering the defendant to refrain from abusing the plalntift' mellor
the minor child or from placing them in fear of abuse;
2. Ordering the defendant to refrain from having any direct or indirect
contact with the p1aintitf including. but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives.
4. Prohibiting the defendant from entering the plaintiff's place of
employment or tbe day care facility of the minor child.
5. Prohibiting the defendant from dAmaging or destroying property
jointly owned by the panics or owned by the plaintiff.
6. Ordering the defendant to stay away from the plaintiffs residtlllce
located at Twin Pines Apartments, C14, 4341 Carlisle Pike, Camp Hill,
Cwnberland County, Pennsylvania, and from any residence the plaintiff
may in the future establish for herself.
7. Granting temponuy custody of the minor child to the plaintiff.
~~~
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S, Ordering the defendant to relinquish to the sberiii's department arrJ
...... _ . _ """ w..... '" - at .......... ...
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duration ofthe temporary protection order.
D. .,....... -.. ta -- ... ... .......... " ...
"_.... .... ....' ....." .... oft" ..,. ._. on'" on ...... .. be ta "'''' (or ·
period of oDIl year.
\. Ordering the defendant to refrain from abusing the plaintiff:ll\dlor
the minor child and/or from placing them in fear of abuse,
2. Ordering the defendant to refrain from having atrJ direCt or indirect
contact with the plaintiff or the minor child including. but not \hIlited to.
telephone and written communications,
]. (lnIori'8 ... ......... 10 ...... - ......... ... ....... ...
plaintiff and from haraSsing her relatives.
4. .......... ... ..- - - ... ,"""" ,..,. "
employment or the day care facility oftbe minor child.
S. Prohibiting the defendant from removing or dl",agillg arrJ property
jointly owned by the parties or owned by the plaintiff.
6. Ordering the defendant to stay away from the plaintiifs ruldence
-'" m "wiD P......._ C14.434\ """'" - c"", \ll1I.
cumberland County, Pennsylvania. and ordering the defendant to ~y
.w"" _.., ""......,.. ,_"",ta ...-- ..-.
7, Ordering the defendant to relinquish to the sberlifs department aIr/
-.... ....,.,. . mlIl~ """ """" .. - '" ...-. ...
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prohibiting tbe defC'Jldant from w:qulring or possessing any weapons for the
duration of the protection Order,
8. Ordering the defendant to rcimbU1'!ll the plaintlft's out-of-pocket
losses suffered as a rault of the iocidClltS which occured 011 or about
Marth 31. 1998, March 28, 1998, and in mid.Marth 1998, irlcludlng. but
not limited to, the losses listed 00 the attached sheet marked ExhIbit A.
9, Ordering the defendant to pay $250.00 to Cumberland County, one
of Legal Services. Ine.'s funding sources as reimbU1'!enumt for the cost of
litigating this case, and assessing tbe $25,00 surcharge and court costs to
the defendant If the case goes to hearing,
The plaintiff further asks that this Petition be tiled and served without payment of fees and
costs by the plainrift: pending a lbrther order at the hearing. and that a certified copy of this
Petition and Order be delivered to the Hampden Township Police Department which bas
jurisdiction to enforce this Order,
The plaintiff prays for such other relief as may be just and proper.
COUNT II
CUSTODY UNDER PENNSYLV ANlA CUSTODY LAW
18. The aUegatlons of Count I above are incorporated herein as iffully set forth.
19, The best interest and prnnanent welfare of the minor child will be served by
confirming custody in the plaintiff as set forth in Paragraph 17 of the Petition,
WHEREFORE, pursuant to 23 P.S, ~ 5301 GlSQ" and other applicable mles and law, the
plaintiff prays this Honorable Court to award custody of the minor child to her.
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JENNIFER MARIE ENGLE, IN TilE COURT (}Jo' COMMON PLEAS OF
Plaintiff'
for herself and (In behalf of her minor child:
JASON DA VI[) MICHAEL SWIRE, CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 9K-1 KJ9 CIVil, TERM
DAVID EVAN SWIRE, JR,
Defendant PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
The plaintiff, Jennifer Marie Engle, by and through her attorney, Joan Carey of Legal
Services, rnc, moves the Court for an Order rescheduling the hearing in the above-captioned case
on the grounds that:
1. A Temporary Protection Order was issued by this Court on April 3, 1998,
scheduling a hearing for Thursday, April 9, 1998, at I :30 p.m.
2. The Cumberland County Sheriff's Department deputized the Monroe County
Sheriff's Department and the defendant was served with a certified copy of the Temporary
Protection Order and Petition tor Protection Order on April 3, 1998, at 5:20 p.m. at his residence
at Pocono Country Place, Lot 16F, Tobyhanna, Monroe County, Pennsylvania.
3. The defendant indicated to Legal Services, Inc. on April 9, ] 998, that he desired
legal representation in this matter and the plaintiff: by and through her counsel, agret'.d that the
hearing scheduled lor April 9, 1998, be rescheduled to allord him time to retain counsel.
4. The plaintiff requests that the Temporary Protection Order remain in effect for a
period of one year or until further Order of Court, whichever comes first.
5. A certified copy of the Order for Continuance will be delivered to the Hampden
Township Police Department by the attorney tor the plailltilf.
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JENNIFER MARIE ENGLE, : IN TilE COURT OF COMMON ('LEAS OF
Plaintiff
till' herself and on bl1half of her mirmr child:
JASON DAVID MICHAEL SWIRE, CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98-jj' ;,,)
CIVIL TERM
DA VI[) EVAN SWIRE, JR,
Defendant
"ROTECTlON FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
AND NOW, this ~~ day of April, 1998, upon presentation and consideration of the
within Petition, and upon finding that the plaintiff, Jenniter Marie Engle, currently resides at Twin
Pines Apartments, C 14, 4341 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania, and
thf parties' 3-month-old minor child, Jason David Michael Swire, who is believed to be with the
defendant, are in immediate and present danger of abuse from the defendant, David Evan Swire,
Jr., the following Tempqrary Order is entered.
The defendant, David Evan Swire, 11', (SSN I 92-58-6230)(DOB: 12/29/77), who the
plaintiff believes to be residing with his half-brother, Thomas Witter, at Pocono Country Place,
.
Lot No. F16, 6107 Boardwalk Drive, Tobyhanna, Monroe County, Pennsylvania, is hereby
enjoined from physically abllsing the plaintiff, Jennifer Marie Engle, or the parties' minor child, or
from placing them in fear of abustl.
The detendant is ordered to stay away from the plaintiff's residence located at Twin Pines
Apartmtlnts, C 14, 4341 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania, a residence
which is leased by the plaintiff's father, James Engle, and is ordered to stay away from any
residence the plaintiffmay'in.t~e future establish for herself
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 dcfendant is enjoined from harassing and stalking the plaintiff' and from hamssing hcr
relativcs.
The defendant is enjoined from entering the plaintltl's place of employment or the day carc
facility of the parties' minor child.
The defendant is enjoined from removing or damaging any property owned jointly by the
p8l1ies or owned by the plaintitI
A violation of this Order may subject the defendant to i) arrest under 23 PaT.S. *6113;
ii) a private criminal complaint under 23 Pa.C.S. *6113.1; Hi) 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 ur,der 23 Pa.es. *6114.1.
This Order shall remain in effect until modified or terminated by the Court and can bc
extended beyond its original expiration date if the Court t1nds that the defendant has committed an
act of abuse or has engaged in it pattern or practice that indicates risk of hann to the plaintiff.
Temporary custody of Jason David Michael Swire is hereby awarded to the plaintiff:
Jennifer Marie Engle.
Tile defendant is ordered to return ti,e parties' dild to the custody of the
plaintiff Tile Sheriffs Department 01' allY law enforcement agency with
jurisdiction to enforce tltis Order shall a.fsi,ft the plaintiff in retrieving the child,
Tbe defendant is ordered to relinquish to the sheritl's department any weapons (a utility
knife) which he owns, possesses, has used or threatened to use in an incident of abuse against the
plaintiff The defendant is prohibited from acquiring or possessing any other weapons for the
duration of the Order and is required to relinquish to the sheriff any firearm license the defendant
may possess. The defendant's weapons and firearm license may be returned at the expiration of
the Protection Order after the defendant has submitted a written request to the Court for the
return of the weapons and the Court has notified the plaintitf of the request and given the plaintiff
/In OPPOrtunity /0 rC'~PDnd It
. COpy of this Order shall he t
Ih. ...... ....~...., '" Ih. " . . . ......,".. I. Ih. 'h", .. .... .,
IIm,ldel/ '0"''''/1/,1 I'olice #)
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o "'Ol/ro(' (,Ollnty,
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A IIEAIU1I/C SIIALt 8E;
ON APRIL 9 1998 IIEtD 011/ 'fillS .\1A 'f'fE/j
DO --=--", A r I, .3 () ,0 Ih
" 0.\111/0. ;/ , OF 'fll,~ _""., 111/ COIfR.'f
COlIR.'fIlOliSE~AR.ttSL "€P CIf .\18ER.tA1I/D C01I1I/'ft
I~, €/V/VSl'LV AN/A.
1'he I' '/1'
P /1m" //Jay Proceed witl ,
' loU/ P1e-P/wmc,,/ of 1", ,
boon.. . '" POO"". . I/'.h" 'N" .n" '..
7'he Cumber/and COunt Sh '
' , . y, Cf/IPs Department sl'a/i /
"'""",/I'. ""'"" "" Wi,ho , . ''''P' ,. ."'. ......'00 " 1/"
u pre-paYlIlent of fees but serv'
_h'. onk ''''WI p,..""" ".. '00 ...y '"' '''0''P1i."" ...." ony
7'his Order sha/i b d k '
e Oc e/ed m /he otnce Oftl P
for service. The Pro/hono/an, sh. /1 " m'ho"",.".... fo""""" '0 ''"' S'""'ff
'J, a no/ send a COpy of/h' 0
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Ce epar/menl shall be r'd '
0nJ", hy '.. ""'Ii/l', "'0"", .f/,. P o. '" Wo'h . ,..in", "'Py 0' 'hi.
. . 1,8 Order sh/l/i be enforced b
..... · 'inJ"fu, ""'~ hY.n 'fi . . Y OOy I.. "f.._" """'"
es Or mdlrec/ criminal con/em '
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VIO a/cd, whe/her or no/ /h 'I' ,
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eVent / 11/ IIn IJrres/ is mllde Under' ,
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' , e lIy core /he COurt Ihll/ issued
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/11 en be/ore the IIpproPrill/e dls/ricl J'us/I'ce.
(23 Paes.
JENNIFER MARIE ENGLe, IN THE COURT OF COMMON PLEAS OF
Plaintitl'
for hersolfand on behalf of her minor child:
JASON OA VID MICHAEL SWIRE, CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 98-
..-.--,., ___no,. _______m._.m.
. C1VtL TERM
DAVID EVAN SWIRE, JR,
Defendant
: I)ROTECTION FROM ABUSE AND CUSTODY
NOTICE
You have been slJed in court. If you wish to defend against the daims set forth in the
following pages, you must take action promptly aner this Petition, Order lInd Notice are served,
by appearing personally or by attorney at the hearing scheduled by the Courtllnd presenting to the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the Court may proceed without you, and a judgment may be entered lIgainst you by
the Court without further notice for any money claimed in the Petition or tor any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you. Any Protection Order granted by a COUl't may be consldel'ed in any subsequent
domestic relatiolls proceedings, including custody actions.
FEES AND COSTS
If the case goes to bearing and the judge grants a Protection Order, a surcharge of$25,OO
will be assessed against you. You may also be required to pay up to $250.00 to reimburse one of
Legal Services, Inc.'s funding sources for Legal Services, Inc.'s representation of the plaintiff
--~
You have the right to be represented by counsel, You should take this paper to your
lawyer lit once. If you do not have a lawyer or cannot afford Olle, go to or telephone the
office set forth below to find out~e YOII call get legal help.
CUMBERLAND COUNTY BAR ASSOCIA nON
2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER (717) 249-3166 or TOLL FREE: 1-800-990-9]08
FAX: (717) 249-2663
AMERICANS WITH DISABILITIES ACT m' 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Amerieans with Disabilities Act of 1990. For information about accessible facililies 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 betore the court.
th~ plain tilT in reasonable fear of bodily injury to herself and her minor child. This has included,
but is not limited to, the tbliowing specific instances of abuse:
8) On or about March 31, 199K, the defendant entered the plaintiff's
residence, yelled at her, told her he was taking the parties' ]-month-old son, Jason
David Michael Swire. The delendant's sister, Leighann, who was visiting the
plaintiff, distracted her to afford the defendant the opportunity to tllke the baby.
As they were leaving, Leighann told the plaintiff'that she had until Friday, April 3,
to return to Mt. Pocono to live with the defendant or she would have to pay them
$1,500 to get her baby back. The plaintiff' contacted the police and the
Cumberland County District Atlorney's Office and an investigation of the incident
is underway. The plaintilf fears for the baby's sllfety because of the defendant's
prior threats to kill her and the baby and his abuse of the child and her.
b) On or about March 28, 199K, when the plaintiff told the defendant that she
did not want to continue their relationship, he sat ontop of her legs/straddled her
legs, grabbed her by the neck with one hand and choked her, and with the other
hand held a utility knife with a razor blade insert under her chin and threatened, "I
swear to God, I'll slit your throat right now if you try to leave me," The defendant
got off of the plaintiff, sat down in a chair, and while holding the knife in his hand
threatened to kill the plaintiff, their baby, and himself
c) In or about mid-March 1998, the defendant telephoned the plaintilT at her
friend's house, demanded that she return home, repeatedly banged his head against
a metal post as he was talking to her on the telephone, threw the telephone to the
1100r breaking it and causing the line to disconnect. When the plaintiff and her
father returned to the apal1ment, the defendant described to her in detail how he
had cut up her clothing and defaced her face in a picture of her and him using the
antenna of the broken telephone to repeatedly stab her likeness, and he
demonstrated how he had gouged the picture. The plaintiff found remnants of her
clothing in the bedroolll and outside in the dumpster where the defendant had
thrown them.
d) In or about early Murch 1998, the defendant becallle angry when the intllllt
cried and shook the child violently Fearing for the babY'!1 safety, the plaintiff took
the baby from the defendant.
e) On or about February 15, 1998, the defendant prevented the plaintiff trom
leaving the apartment by holding her in a "bear hug" from behind and threatened to
take the baby if she tried to leave.
t) On or about February 6, 1998, the defendant became angry when the baby
cried and threw a watch at the plaintiff such that it hit her on the forehead and the
baby in the face near his eye. The plaintitl'sustained redness and soreness on her
torehead and the baby sustained a red mark on the bridge of his nose as a result of
this incident.
g) In or about early February) 998, the defendant punched the plaintiff several
times about her' ack. The plaintiff sustained soreness about her back as a result of
this incident.
h) In or about December, 1997, the defendant punched the plaintiff, who w~
approximately 8 months pregnant, in the back several times and pushed her about,
i) In or about October 1997, the defendant head-butted the plaintiff in the
head when she was approximately 6 months pregnant with the parties' baby. The
plaintiff sustained soreness about her forehead as a result of this incident.
5. The plaintitT believes and therefore avers that she and the minor child are in
immediate and present danger of abuse from the defendant and that they are in need of protection
from such abuse.
6. The plaintitT desires that the defendant be prohibited froTll having any direct or
indirect contact with the plaintill' or the minor child including, but not limited to, telephone and
written communications.
7. The plaintilf desires thalthc defendant be enjoined from harassing and stalking the
plaintil1~ and from harassing her relatives.
8. The plaintiff desires that the defcndant be restrained from entering her place of
employment.
9. The plaintiff' desires that the Court order the defendant to relinquish to the sheriff's
department any weapons including a utility knife, which he owns or possesses, and prohibiting the
defendant from acquiring or possessing any weapons tor the duration of the Temporary
Protection Order.
8, EXCLUSIVE POSSESSION
10, The apartment located at Twin Pines Apartments, C14, 4341 Carlisle Pike, Camp
Hill, Cumberland County, Pennsylvania, rrom which the plaintiff is asking the Court to order the
defendant to stay away is rented in the name of James Engle, the plaintiff's father, To the best of
the plaintill's knowledge the defendant has been residing at the residence of his half.brother,
Thomas Witter, Pocono Country Place, Lot No. F16, 6107 Boardwalk Drive, Tobyhanna,
Monroe County, Pennsylvania, since March 28, 1998,
The plaintiff, the mother of the child, is Jennitbr Marie Engle, currently residing at Twin
Pines Apartments, C 14, 4341 Carlisle Pike, CamJlllill, Cumberland County, Pennsylvania,
She is single.
The plaintitl' currently resides with her father, James Engle.
The defendllnt, the tltther of the child, is David Evan Swire, Jr., currently residing at
Pocono CountlY Plllce, Lot. No. F 16, 6107 Boardwalk Drive, Tobyhllnna, Monroe County,
Pennsylvllnia.
He is single,
The defendant currently resides with his hlllf..brother, Thomas Witter.
14. The plllintiff has not previously participated in any litigation conceming custody of
the above mentioned child in this or any other Court.
15, The plaintiff has no knowledge of llny custody proceedings concerning this child
pending before a court in this or any other jurisdiction.
16. ThlJ plaintiff does not know of any person not a party to this action who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child.
17, The best interests and permanent weltltre of the minor child will be met if custody
is temporarily granted to the plaintiff pending a hearing in this matter tor reasons including:
a. The plaintitl' has provided for the emotional and physical
needs of the child since his birth and is a responsible parent who can
best take care of the minor child.
b, The defendant has shown by his abuse of the plaintiff and
child that he is not an appropriate role model for the minor child,
c, The defendant has lorcibly removed the child from the
plaintiff in that he: came to her residence uninvited, removed the
child, threatened the plaintitl' that she had to return to Mt. Pocono
to live with him by Friday, April 3, or she would have to pay him
$1,500 to get the baby back. The plaintiff'fears for the safety of the
ehild because of the dcttmdant' s violent and unstable behavior.
WHEREFORE, pursuant to the provisions of the "Protection trom Abuse Act" of October
7, 1976,23 I),S, ~6101 ~l ~~\]., as amended, the plaintitl' prays this Honorable Court to grant the
following relief:
A, Grant a Temporary Order pursuant to the "Pmteetion from Abuse
Act:"
1. Ordering the defendant to refrain from abusing the plaintiff lind/or
the minor child or from placing them in fear of abuse;
2, Ordering the defendant to retrain from having any direct or indirect
contact with the plaintiff' including, but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain tlom harassing and stalking the
plaintiff and from harassing her relatives.
4. Prohibiting the defendant from entering the plaintiff's place of
employment or the day care facility of the minor child.
5. Prohibiting the defendant from damaging or destroying property
jointly owned by the parties or owned by the plaintiff.
6. Ordering the defendant to stay away from the plaintiff's residence
located at Twin Pines Apartments, CI4, 4341 Carlisle Pike, Camp Hill,
Cumberland County, Pennsylvania, and from any residence the plaintiff
may in the future establish for herself.
7. Granting temporary custody of the minor child to the plaintiff,
8. Ordering the defendant to relinquish to the sheriff's department any
weapon including a utility knife, which he owns or possesses, and
prohibiting the defendant from acquiring or possessing any weapons for the
duration of the Temporary Protection Order.
8, Schedule a hearing in accnrdance with the prnvisinns of the
"Prntectlnn from Abuse Act," and, after such hearing, enter an nrder tn be in eITect fnr a
perind nf nne year:
I. Ordering the defendant to refrain from abusing the plaintiff and/or
the minor child and/or from placing them in fear of abuse
2. Ordering the defendant to refrain from having any direct or indirect
contact with the plaintiff or the minor child including, but not limited to,
telephone and written communications.
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing he!' relatives.
4. Prohibiting the defendant from entering the plaintiff's place of
employment or the day care facility of the minor child.
5. Prohibiting the defendant from removing or damaging any property
jointly owned by the parties or owned by the plaintiff.
6, Ordering the defendant to stay away from the plaintiff's residence
located at Twin Pines Apartments, C 14, 4341 Carlisle Pike. Camp Hill,
Cumberland County, Pennsylvania, and ordering the defendant to stay
away from any residence the plaintiff may in the future establish for herself.
7, Ordering the defendant to relinquish to the sheriff's department any
weapons including a utility knife, which he owns or possesses, and
prohibiting the defendant from acquiring or Jlossessing any weapons for the
duration of the Protection Order.
8. Ordering the def\mdant to reimburse the plaintitl's out-ot:pocket
losses sutlered as a result of the incider.ts which oeemed on or about
Mareh J I, 199K, Mareh 28, 1998, and in mid-March 1998, including, but
not limited to, the losses listed on the allaehed sheet marked Exhibit A.
9. Ordering the delendant to pay $250.00 to Cumberland County, one
of Legal Services, loc.'s funding sources as reimbursement for the cost of
litigating this case, and assessing the $25.00 surcharge and court costs to
the defendant if the case goes to hearing.
The plaintiff turther asks that this Petition be filed and selved without payment of tees and
costs by the plaintiff: pending a further order at the hearing, and that a certified copy of this
Petition and Order be delivered to the Hampden Township Police Department whieh ha~
jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
18, The allegations of Count I above are incorporated herein as if fully set forth.
19, The best interest and permanent welfare of the minor child will be served by
confirming custody in the plaintiff' as set torth in Paragraph 17 of the Petition.
WHEREFORE, pursuant to 23 P.S. * 5301 et ~., and other applicable rules and law, the
plaintiff prays this Honorable Court to award custody of the minor child to her.
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o 2. Defendant is completely evicted and excluded trom the residence at __ or any
other residence where Plaintiff may live. Exclusive possession of the residence is granted to
Plaintiff Defendant shall have no right or privilege to enter or be present on the premises.
o On __ at ___' m., Defendant may enter the residence to retrieve his/her clothing and
other personal effects, provided that Defendant is in the company of a law enforcement
officer when slIch retrieval is made.
(8) 3. Defendant is prohibited from having ANY CONTACT with Plain tilT at any
location, including, but not limited 10, any contact at PlaintilT's residence and/or her plact of
employment, or the day care facility of the minor child, which are undisclosed locations for the
protection and safety of Plain lilT and her minor child, but shall be disclosed to the appropriale
law enforcement agencies.
(8) 4, Oefendant shall not contact the PlaintllT by telephone or by any other means,
including third parties.
o
5,
Custody of the minor children, , shall be as follows: (or see attached Custody Order)
o 6, Defendant shall immediately turn over to the Sheriff's Office, or to a local law
enforcement agency for delivery to the Sheriff's Office, the tbllowing 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, transferring or acquiring any other weapons
for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order
or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court.
[8) 8,
The following additional relief is granted as authorized by fi6108 of this Act:
Lllw enforcement agencies, human service agencies and school districts shllll not
disclose the presence of PlaintilT and/or address, telephone number, or any
other demographic information about Plain tilT and/or the minor child, elcept
by further Order of Court,
This Order shall remain in eITect until modllied or terminated by the Court and
can be extended beyond Its original expiration date if the Court Onds that
Defendant has committed an act of abuse or has engaged III a pattern or
practice that indicates risk of harm to PlaintllT and/or I.he minor child,
Defendant is enjoined from damaging or destroying any property owned by
Plain tilT.
Defendant is to refrain from harassing Plaintitl"s relatives,
I:&> 14, All provisions of tills Order shall elplre one year from the date this Order Is
entered,
NQTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE or INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE
OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP 1'0 SIX MONTHS. 23 PA,C,S,
16114, VIOLATION MAY AI.SO SUBJECT YOU TO PROSECUTION AND CRIMINAL
PENAI.TIES UNDER THE PENNSYl.VANIA CRIMES CODE, THIS ORDER IS
ENFORCEABLE IN Al.l. FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL
LANDS, U,S. TERRITORIES, AND THE COMMONWEALTH OI"PUERTO RICO UNDER
THE VIOJ.ENCE AGAINST WOMEN ACTION, 18 U.S,C. 12265, IF YOU TRAVEL
OUTSIDE Ol" THE ST A 1'E AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY
BE SUBJECT 1'0 FEDERAL CRIMINAL PROCEEDINGS UNDER 'I'HA TACT, 18 U,S,C,
Ii 2261-2262, IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY
BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY"
PROVISIONS OF THE GUN CONTROL ACTION, 18 U,S,C, fi922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION,
NOTICE TO
LAW ENFORCEMENT OFFICIALS
. The police who have jurisdiction over Plaintiff's residence OR any location where a violation
ofthis Order occurs OR where Defendant may be located, shall entorce this Order. An arrest for
violation of Paragraphs I through 7 of this Order may be without warrant, based solely on probable
cause, whether or not the violation is committed in the presence of the 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 of the Protection Order or during prior incidents of abuse, The Cumberland
County Sheriff's 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 he taken
to the appropriate authority or authorities before whom Defendant is to be an'aigned. A "Complaint
for Indirect Criminal Contempt" shall then be completed and signed by the police offieer OR
Plaintiff, Plaintiff's presence llnd signature are not required to file the complaint.
JENNIFER MARIE ENGLE, : IN THE COURT OF COMMON PLEAS OF
rlaintiff
for herself and on behalf of her minor child : CUMBERLAND COUNTY, PENNSYLVANIA
JASON DAVID MICHAEL SWIRE,
vs, : NO. 98"1839 CIVIL TERM
DA VID EVAN SWIRE, JR,
Defendant : PROTECTION FROM ABUSE
NOTICE OF HEARING,AND_ORDER
YOU itA VE BEEN SUl<.:O IN COURT, Ifyoll wish to defend against the claims set forth in the
following papers, you must appear at the hearing scheduled herein, Ifyoll tail to do so, the case lOlly 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 the :J,l,dllay of ."J: '.JI, ,,,.,, ,1999, at '1,/1' !'f ,M..
in Courtroom No. '-L oUhe Cumberland County Courthouse, Carhsre, Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court after notice
and hearing, If you disobey this Order, the police may arrest you. Violation of this Order may subject you
to a charge of indirect criminal contempt which is pllnishabl~ by a fine of up to $].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 tederallaw, 18 U.S.C. *2265, this Order is enforceable
anywhere in the United States, tribal lands, US, 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
repment you at the hearing, The court will not, however, appoint a lawyer for you, If you do not
have II 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 10 proceed without one,
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PENNSYl.VANIA 170D
TELEPHONE NUMBER (717)249-3166
AMERJCANS,WITH DISABILITIES ACT QF 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, 'I' on must
attend the scheduled conference or hearing,
o 5, Pending the outcome of the tlnal hearing in this malter. Plaintiff is awarded
temporary custody of the following minor chlld/ren:
Until the final hearing, all contact between Detcndant and the child/ren shall be
limited to the following:
The Jocallaw 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 Plaintiff in
accordance with the terms of this Order.
o 6, Defendant shall immediately relinquish the following weapons to the Sheriffs Office
ora designated local Jaw enforcement agency for the delivery to the Sheriff's Office: 0inIrt
Defendant is prohibited from possessing, transferring or acquiring any other weapons fol' the
duration of this Order,
(8) 7,
The following additional relief is granted:
]'he Cumberrand County Sherifl's Department shall attempt to make sen-lee at
PlaintllT's request and without pre-payment of fees, but sel'\lice may be
accomplished under any applicable Rule of Civil Procedure.
This Order shall be docketed in thl' office ohhe Prothonotary and forwarded
to the Sheriff for service, The Prothonotary shall not send a copy of this Order
to Defendant by mail,
Law enforcement agencies, human sen-ice agencies and school districts shall not
disclose the presence of Plaintiff and/or the child in the jurisdiction or district
or furnish any address, terephone number, or any other demographic
information about Plaintiff and/or child except by further Order of Court,
This Order shall remain in effect until modified or terminated by the Court and
can be fltended beyond its original expiration date if the Court nnds 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 minor child.
Defendant is enjoined from damaging or destroying any property owned by
praintiff,
Defendaut is to refrain from harassing PlaintilT's relatives,
(8) 8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hueafter: undisrosed for Plaintiff and child's
protection,
OF
HLf:'i)' O~n(-;f:
T'. " ';""!'WWiJl'/,ny
... ,. J I....,., _ V'l
99 srr 21 PH 21 II
r't!,! ""lJ' 'I' "('!J~J'fY
v,. i\'!U~.I1 . Ii ~IJ ~./U~ i
PENNSYI.VNM
a) Defendant contacted Phlintlll' several times by lelephone from April S, 1999,
through June 2, Il)l)l), directly lllld indirectly, through his sister, in violation of the
Protection Order which ordcred that he hav, no contact with PlaintilT.
b) On one occasion, Defendant threalened Plainlill'saVing that the Protection Order
was no longer in ell'cct and that lit' coulo do anylhing he wanled. Although Plaintill'
knew that the Order was still in effect, she teared for her safety and thaI of her child if
the Order were to eXllirc.
c) Defendant made stalemonts during a telephone call about PlaintitTand her family
members Ihat led her to believe thaI he was stalking her.
4, PlaintitT fears that Defendant will harm her if she does not have her Protection Order
, IJof"""I' w,~",I, i'''''''''~' \, ",rob"'''' en"" Prl'oo .. · ""It of · b""It
extended for an additional year.
warrant issued by this court for his failure to appear at the Indirect Criminal Contempl hearings
WHEREFORE, Plaintiff requests that the Order entered on August 12, 1998, which currently
remains in effect, be extended for another year, through September 21,2000.
R pectfully sUbm~ed,
J .r-.ct ,l./ (('(I., ..~t(
/ --
(i oanCarey, Altorney for aintitT
LEGAL, SERVICES, INC,
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
. [J On ... , at . III , Defendanlmay onter the residenl~e to retrieve his/her clothing
and other pllrsonal oO'ccts, provided tlmt Defendant is in the cOIllI"my of a law
enforcement officer when such retrieval is lIlade.
liD l Defendant is pwhibited nom having ANY CONTACT with the 1'laintiO' at any
location, including, but not limited to. any wntact at thl1 Plaintin's place of elTlployment and tl1l1
day care facility of the minor child. Defendant is specifically ordered to stay away from the
following location for th(1 duration of this Order: the PlaintilT's residence which is at an
undisclosed location to avoid further ahuse, and any residence she lTlay In the future
establish for henelf.
liD 4. Defendant shall not contact the Plaintiff' by telephone or by any other means,
including third parties
liD 5. Custody of the minor child, ,Iason David Michael Swire, shall be as follows: the
Plaintiff shall have primary physical aud legal custody of the parties' 7-mouth old child.
The Defendant shall have no eontact with the child until fnrther Order of Court after the
custody conciliation confereuce schedull,d on August 26, 1998, at I 1:00 ".m. with
conciliator, Michael A, BauAs. See allached Custody Order.
o 6. Defendant shall immediatcly turn over to the Sheriff's Omce, or to a local law
entorcement agency for delivery to the Sherin's amell, the following weapons used or threatened
to be used by Defendant in an lIct of abuse against Plaintiff and/or the minor ehild/ren:
o 7. Defendant is prohibited from possessing, transferring or acquiring any other
weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6
of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further
Order of Court.
liD 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 the Plaintiff and/ur address, telephone number, or any other
demographic information about the Plaintiff and/or minor child except by further Order of
Court .
This Order shall remain in ellcct until modified or terminated by the Court and can
be extended beyond its original expiration date if the Court finds that the Detcndant has
committed an act of abuse or has engaged in a pattern or practice that indicates risk of
ham1 to the Plaintiff and/or minor child.
o The terms of this Order prohibit Detondant from using, attempting to use, or
threatening to use physical force against the Plaintifl' and/or the parties' minor child that
would reasonably be expected to cause bodily injury,
IE> 13 THIS ORDER SUPERCEDES
IE> ANY PRIOR PFA ORDER and
[8> ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
./1."... J.L I) ICiert
[8> 14. Allllrovisions of this Order shall expire III one year, on ~~
NOTICE TO THE DEFENDANT
VIOLA nON OF THIS ORDER MA Y 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,e.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, TilE DISTRICT OF COLUMBIA, TRIBAL
LANDS, US TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER
THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.c. ~2265 IF YOU TRAVEL
OUTSIDE OF THE ST ATE AND INTENTIONALL Y VIOLATE THIS ORDER, YOU MAY
BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT 18USC
~~ 2261-2262, IF PARAGRAI'I-I 12 OF nlls ORDER HAS BEEN CHECKED, YOU MAY
BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY"
PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.r: ~922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the 1>laintill's residence OR any locatIon where a
violation of this Order occurs OR where the Delendant may be located, shall entorce this Order.
An arrest for violation of Paragraphs I through 7 of this Order may be without warmllt, based
solely on probable cause, whether or not the violation is committed in the Jlresence of the poliee,
23 Pa.e.S. ~6113.
Subsequent to an arrest, the Jlolice ofliccr shall scl7.e all wellpons used or threatened to be
used during the violation of the Protection Order or dUling prior incidents of abuse. The
Cumberland County Sheriff's Department shall maintain possl.ssioll of the weapons until further
Order of this Court When the Defendant is placed under arrest for violation of the Order, the
Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to
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JENNIFER MARIE ENGLE, . IN THE COURT OF COMMON PLEAS OF
Plaintiff'
for herself and on behalf of her minor child : CUMBERLAND COUNTY, PENNSYL VANIA
JASON DA VI[) MrCHAEL SWIRE,
vs. . NO. 98-1839 CIVIL TERM
DA VI[) EVAN SWrRE, JR,
Defendant . PROTECTION FROM ABUSE
FINAL ~ROTEC..TION ORDER
Defendant's Name: DA VID EVAN SWIRE, JR.
Defendallt's Date of Birth: 12/29/77
Defendant's Social Security Number: 192-58-6230
Names of Pr(ltected Persons: JENNU'ER MARIE ENGLE, Plaintiff, and her minor
child, JASON DAVID MICHAEL SWIRE.
AND NOW, this ~".. day of ~, 1999, the court having
jurisdiction over the parties and the subject-matter, it is ORDERED,
AD.JUDGED, and DECREED as follows:
Pralntiff. Jennifer Marie Engle, is represented by Joan Carey of Legal Services, Inc.;
Defendant, David Evan Swire, Jr., Is uOl'epresented, but has been advised of his right to counsel
in this malter.
Defendant,although agreeing to the terms oftbls Order, does not admit the allegations
made in the Petition.
(8) Plaintil1's request for a Final PI'otection Ordel' is granted pursuant to the consent of
Plaintiff and Defendant,
o Plaintill's request for a Final Protection Order is denied
(8) 1. Defendant shall not abuse, stalk, harass, threaten Ihe Plaintiff or any other
protected person in any place where they might be found,
[J :2 Defendant is completely evieted and excluded from the residence at __.__ or any
other residence where PlaintilT may live Exclusive possession of the residence is granted to
Plaintiff. Defendant shall have no right or privilege to eater or be present on the premises.
[J Oil _ at __.m., Defendant may enter the residence to retl'irve his/her clothing and
other personal elTects, provided that Defendant is in the company of a law enforcement
officer when such retrieval is made.
(8) 3, Defendant Is prohibited from having ANY CONTACT with Plaintln' at any
location, including, but not limited to, any contact at Plaintifrs residence and/or her place of
employment, or the day care facility of the minor child, which are undisclosed locations for the
protection and safety of Plaintiff and her minor child, but shall he disclosed to the appropriate
law enforcement agencies.
(8) 4. Defendant shall not contact the Plaintiff by telephone or by any other means,
including third parties.
o
5.
Custody of the minor children, , shall be as follows: (or see attached Custody Order)
o 6, Defendant shall immediately turn over to the Sheriff's Office, or to a local law
enforcement agency tor delivery to the Sherill'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: _
[J 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons
for the duration of this Order, Any weapons delivered to the sherilfunder Paragraph 6 of this Order
or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court,
(8) 8.
The following additional relief is granted as authorized by fi6108 of this Act:
I,aw 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 and/or the minor child, except
by further Order of Court.
This Order shall remain in etfect nntil modified or terminated by the Court and
can be extended beyond Its original expiration date If the Court nnds 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 the minor child,
Defendant is enjoined from damaging or destroying any proper!)' owned by
Plaintiff.
Defendant is to refrain from harassing Plalntifrs relatives.
[8> 14, All provisions of Chis Ol'der shall expire one year from Che daCe .Chis Order Is
enCered,
NOTICE TO THE DEFElSDANI
VIOLATION OF THIS ORDER MAV R~:SULl' IN YOUR ARR.:ST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPTWHICIIIS PUNISIIABU BY A FINE
OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA,C.S.
16114, VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL
PENALTIES UNDER TilE PENNSYLVANIA CRIMES CODE. TillS ORDER IS
ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL
LANDS, V,S, TERRITORIES. AND THE COMMONWEAL TH OF PUERTO RICO UNDER
THE VIOLENCE AGAINST WOMEN ACTION, 18 U,S,C. fi2265, 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,
fifi 2261-2262, IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED. YOU MAY
BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY"
PROVISIONS OF THE GUN CONTROL ACTION, 1811,S.C. fi922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION,
NOTICE TO
LAW ENli'!!RCEMENT OF'FICIALS
The police who have jurisdiction over PI<lintill's 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 offhis Order may be without warrant, based solely on probable
cause, whether or not the violation is committed in the presence of the 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 of the Protection Order or during prior incidents of abuse. The Cumberland
County SheriIT's 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 takcm
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, Plaintiff's presence and signature are not required to file the complaint,
OFFICE OF THE DISTRICT ATTORNEY
OF CUMBERLAND COlJNYV
ON~ OOUATHOUBE 'QUAM.
CAALIIL~. PENNIIYLVANIA 17011
JENNrFER MARIE ENGLE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
DA VID EVANS SWIRE, JR,
Defendunt
98-1839 CIVIL
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this \\0 day of September, 1999, the hearing in the ubove-
captioned ease previously sehedulcd for Thursday, July 8, 1999 at 2:30 p,m, in
Courtroom #2 is rescheduled to Tuesday, Septembor 21, 1999 at 3:30 P,I11, in C01ll1room
#2. The defendant, DA VID EVANS SWIRE, is ordered to uppeur for trial on the charge
J,
William I. Gabig,
Senior Assistant District Attorney
DAVID EVANS SWIRE, JR,
/.
COMMONWEAL 111 OF PENNSYL VANIA
COUNTY OF CUMAERLAND
'*'
POLICE
CRIMINAL COMPLAINT
al. N... II... COMMONWf;AL TH OJI PENNSVLV ANIA
.- CUMBERLAND COUNTY
COURTHOUSE
CARLISLE, PA
COMMONWf;ALTII 0/1 PENNSVLVANIA
\fs,
hEFr.rmANT,
NAoMI:..4 ADORES!i
))A VID EVAN SWIRE, JU
105 MAIN STREET
))ALLAS, PA 18612-1801
l.~--
. n
NatlvtAmcrlcan
II. end.nl',O,O.B,
1977-/2-29
oer.n .al', Socia Sec:ur C Number De e"d..ri""sI~...__
/92-58-62_10
RCCllnlo'Sllc Ir
t:...."Ulldd... N.ra~
99.(J684
District ^<<omey'. Office 0 Approllld 0 DIs.ppro.,d b.e.u..,
(rho IlIatrict Attorney may '"'lulre thatt'" compl.lnt, ureat warrant.mdavit. nr bnth be .pprov<<l by the Attorney for the Commonwealth prior 10 filing. P..R.Cr,P, 101,)
ompl. 01 Niiiiibtii1i IlMr '.rde: paRr.
(NtmeOl Atk:InIOy rorllhlCOnwnoQwCl/l/I. Please Print Of Typo) -
(Sfpllult 0{ AllOOley Cor Coo\monwtalth)
IDIltl)
I,
D.t,ell., I,.tlll. R, Woodford
Name flf Amant ~ Please Print or Type
OF Cumbtr/.nd Count)' District AI/om.y'. Office, Crlmln.1 In.tstlg.tlon DMllon PA02/013A
Idcntll'y Deptrtment or ^Icncy Rcpf'CSenlcd .nd Political SulKtivlswn- - Police ^Icncy ORI Nwnber
do hereby state: (check appropriate area)
I, !21 I accuse the above named defendunl, who lives at the address sel forth above or,
o laceuse the defendant whose name In unknown 10 me bUll, described as
o I accu,elhe defendanl who,e name and popular de,lgnatlon or nickname I, unknown to me and whom I have therefor designated as
John Doe.
with violating Ihe ""nallaw, of the Commonwealth of Pennsylvania at rtsld.ne. of Jennlftr Engl. (unlllsclostd~. dlrtet,d by Fln~1
P,ot'etlon Ordtr, ditt,d Augu.t /J, 1998) In Cumbtrl~nd County on or aboutf,om Ap,1I 5, 1999th,ough Jun. 1, 1999.
49-8
Ornee, Oldie Numbcrll,D.
Drl,lnaunl Alency Cue Number (OCA)
Participants were: (Jr the" were plrtlclpants, plaCe! their names here. rope.Una name of above defendant)
DAVID EVAN SWIIlE, JIl
2, The acts committed by the accused were:
(Set Forth tNmn\lf')'oflhe (ICUItIlmelelll10 Idvlu Ole dlltmdltll c(tho nMweofthe otrClUedlArled II. Chlflolllotllc Ihl:IlIe aJ1tltdly violated, IIIlthout!nOfll, 111IOt'llmr.lml, In '.ulIWNty C-IH,.v1lll rmanclle
tho IpOCUlc ..Ion IIId IlIbIoction orlM "lhIt, or ootln~ a1lqedly viol.ltd.)
INDI/lECT CRIMINAL CONTEMPT - 2J Po. C.S, g6101
Actor did vlnlate a Protection .'rom Abuse order signed by a Ponnsylvanla Court of Common Pleas
Judge,
Victim: Jennifer Marie Engle
PFA O,.de, Number and Date ofl,sue: 98.t839 Civil 'form, Issued August 13, t998
Violation Committed: At least 3 telephone calls made by the defendant and one by the defendant's
sister beginning April 5, 1999 and eontlnUlng through June 2, t999.
oil of which were ogain,' the pCDce and dignity of the Commonweolth of Penn'ylvanio and controry 10 the Act of As,cnbly, or In violation of:
Dofelldlllt Name: DAVID EVAN SWIRl!, JR --l
Dockt.1 Number: ---J
'*'
POLICE
CRIMINAl" COMPJ,AINT
I. 610/ oflh. 23/'a.C.\'. /
(!\ftlloll) (SllbHCUell) u'AS""II.) (CIUh)
Z, oflh.
--~ (Sllbl<<lklll) (rAslahl/f) - k....l,)
3, of , he
48ft1l.., ~!lltb"('IoIl) (.ASI..I...} -(('lUlU) -
4, of the
(.~ltll) - -ISlIbllttllo.., (PASI.hd.) ~(:'-.IlU)
5, of the
(5<<U'II) (.'illbHtlloIlJ-- {fASlthllf) ~---- --(l,wlltll
3, I osk thaI 0 · ....".nl./.".sl or 12I · summ.ns be issued allcllhatlh. d.f.ndanl be ,01ulred to answ.r Ihe charges I have madt., (ln
order for a warrant of arrest 10 ISsue, the aU.ched amdavll ofprobablt. cause musl be completed and .Worn 10 before Ibe Is.,uing aUlborily.)
4, I verify that"'e Iilct. .el forlb in tbls complalnlore true and correel to tbe best of m.v knowledge or Informallon IlId belief, Thi, verificatiollls
mad. aub)ee'lo the penalties of Section 4904 of the Crimes Code (18 PA, C,S. 4904) relaUng to unsworn fal.lfieatlOlls to authoritie..
\1.\ ~'-"I'.tL I~~~
.ft)-
AND NOW, on this dale , I certify Ihe complaint hos b.en properly completed and verified. An amdavlt
of probable cause mUst b. COmpleled In order for a warrant 10 Issue,
(M'.'d.rfIIDlt'rf<O
(luulnIAutborlty)
(SEAL)
2
AFFIDAVIT OF I'ROIlABLE CA USE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
COMPLAINT NUMBER YEAR
TYPE
NUMBER
Cnmplalnt Numbers If Other Participants
INCIDENT NUMIlER
99-0684
HCR NO,
260
OTN
COMMONWEAL I'll OF PENNSYLVANIA
DEFENDANT: VS.
I,
Deteellve Lelltla R. Woodford
(Name of Affiant)
NAME
AND
ADDRESS
David Evan Swire, Jr.
105 Main SlI'eet
Dallas, PA t8612-1801
of Cumberland County DIstrict AllorneY'1 Ornee, Criminal Investigation Division
(Identify department or agency represented and political subdivision)
being duly sworn (or Iffimled) before me, according to law, deposes and says that there Is probable cause to believe that:
PROBABLE CAUSE BELIEF IS BASED ON THE FOLLOWING FACrS AND CIRCUMSTANCES:
Your affiant is a Detective In the Cumberland County Distrlcl Attorney's Office, Criminal Investigation Division and has
been so employed for the past 2 years,
According to the Plaintiff, On April 5, 1999 and May 18, 1999, the Defendant placed collect calls to the home nftile
Plaintiff, but charges were not accepted,
During mid.April, 1999, the Defendant's sister, LeighAnn called lhe Plaintiff on behalf of the Defendant, asking the Plaintiff
to drop the pending child support order, TIle Defendant's sisler also slated the Defendant wanted to visit his son. TIle Plaintiff
explained the Defendant would have to petition the court for visitation rights,
On June 2,1999, the Defendant telephoned the home of the Plaintiff and the Plaintiff answered, Plaintiff told the Defendant
he was not to be calling her and Defendant stated he could do anything he wanted, as the PFA had expired, Defendant asked Plaintiff
what color her hair was and if she had lost or gained any weight since he last saw her, Defendant stated he had lI'ied to call the
PlI.intlfrs father and the telephone number was stl1l hooked up, The Defendant explained that he thought the Plalntlfrs father had
moved from his apartment, This concerned the Plaintifl'because the PlainUrrs father had just recently moved out of the apartment.
The above listed accounts are in violation of paragraph #3 of Final Protection Order 98-1839 which states the following:
"Defendant Is prohibiteq from having ANY CONT ACf with the Plaintiff at any location, Including, bnt not limited to, any contact at
the Plaintifrs place of employment and the day care facility of the minor child, Defendant Is specifically ordered to atay away from
the following location for the duration of this Order: the Ptalnlllrl residence which Is at an undisclosed location to avoid furl her
abule, and any residence ahe may In the fulure establish for herself," These accounts are also in violation of paragraph #4 of
Final Protection Order 98-1839 Civil Term, whlr-h states: "Defendant shall not contact Plaintiff by telephone or by any other means,
including third parties,"
In lieu of the above listed information, I respectfully request the Defendant be summoned by the Court to appear on a charge
of Indirect Crimi I Contempt ""'\ ~
':c:'-=' OJ..j.. ~q-e
SIONATlJRI\OP'Al'flIAN" . ADDRI!SSO IVATI!. TIZI!N IlAlXII!NO. IlISTRICTIUNlT
Sworn tll and subscribed before me this ____________day of
19 .
.~.~~..~____~_____.~~_.__"___ I __--'--
(SEAL)
(Slgl1ature of ISSUing Authority)
DISTRICT JUSTICI! COIJRT NO
OI'I'ICII ADDRIiSS:
JENNIFER MARIE ENGLE, IN THE COURT OF COMMON PLEAS OF
Plaintin'
for herself WId on behalf of her minor ohild: : CUMBERLAND COUNTY, PENNSYLVANIA
JASON DAVID MICHAEL swum,
v. : NO, 98-1839 CIVIL TERM
DAVID EVAN SWIRE, JIt,
Defendant : PROTECTION FROM ABUSE AND CUSTODY
FINAL PROTECTION ORDER
Defendant's Name: David Evan Swire, Jr,
Defendant's Date of Birth: 12I29n7
Defendant's Social Security Number: 192-58-6230
Names of all Protected Persons, including Plaintiff and minor child: Jennifer Marie
Engle, PlaintilT, and her minor child, Jason David Michael Swire
AND NOW, this 'r:-: day of _~lLf ~.)t- ,1998, the Court having
jurisdiction over the parties and the subject-matter, it is ORDERED,
. ADJUDGED, and DECREED as follows:
The Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC; the Defendant is
represented by James J Kayer of KA YER & BROWN, Allor hearing on the matter, the following
Order is entered:
o Plaintill's request for a Final Protection Order is denied OR
IX> Plaintill's request for a Final Protection Order is granted pursuant to finding that the
Defendant has abused the Plaintitrand the parties' minor child.
I:&> I. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other
protected person in any place where they might be found.
o 2. Defendant is completely evicted and excluded fi'orn the residence at _._,-..__._.01' any
other residence where Plaintiff may live. Exclusive possession of the residence is granted to
Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises.
o On ..__.at _,..m, Defendant may enter the residence to retrieve his/het clothing
and other personal effects, provided that Defendant is ill the company of a law
enforcement otncer when such retrieval is made.
~), Defendant is prohibited from having ANY CONTACT with the Plaintin' at any
location, including, but not limited to, any contact at the Plaint ill's place of employment and the
day care facility of the minor child. Defendant is specifically ordered to stay away from the
following location for the duration of this Order: the PlaintilT's residence which is at an
undisclosed location to avoid further abnse, and any residence she may in the future
establish for herself.
~ 4, Defendant shall not cor.tact the Plaintiff by telephone or by any other means,
including third parties
~ 5, Custody of the minor child, Jason David Michael Swire, shall be as follows: the
Plaintiff shall have primary physical and legal custody of the parties' '-month old child,
The Defendant shall have no contact with the child until further Order of Court after the
custody conciliation conference scheduled on August 26, 1998, at II ;00 a,m, with
conciliator, Michael A. Bangs. See attached Custody Order.
o 6, Defendant shall immediately turn over to the Shetilfs Office, or to a local law
enforcement agency for delivery to the Sherilrs 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, transferring or acquiring any otht<r
weapons for the duration of this Order. Any weapons delivered to the shetiff under Paragraph 6
of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further
Order of Court,
~ 8.
The following additional relief is granted as authotized by ~6108 of this Act:
Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of the Plaintiff and/or address, telephone number, or any other
demographic information about the Plaintiff and/or minor child except by further Order of
Court.
This Ordcr shall remain in eficct until modified or terminated by the Court and can
be extended beyond its otiginal expiration date if the Court finds that the Defendant has
committed an act of abuse or has engaged in a pattern or practice that indicates risk of
harm to the Plaintifi' and/or minor child
The Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by the Plainliff
o 9. Defendant is directed to pay tempontry support for _ as tollows:__. Thi,~ Order
for support shall remain in effect until a final support order is entered by this COUll. However,
this Order shall lapse automatically if the Plaintiff'does nol f1le a complaint for support with thc
Court within fillecn (15) days of the date of this Order. The amount of this temporary ordcr does
not necessarily rellect Defendant's correct support obligation, which shall bc determined in
accordance with the guidelines at the SUpport hearing. Any adjustments in the final amount of
support shall be credited, retroactive to this date, to the appropriate party,
(8) 10. Thc costs of this action are waived as to the Plaintiff and imposed on Defendant.
I:&> II. Defendant shall pay $2,575.00 to Plaintiff as compensation for Plaint ill's out-of-
pocket losses, which are as follows: see attached Exhibit A,
o Plaintiff is granted leave to present a petition, with appropliate notice to
Defendant, to_ requesting recovery of out-of-pocket losses. The petition shall include an
exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates uf
repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's
office for the filing of this petition.
lB> 12, BRADY INDICATOR
I:&> I The l'laintiff or protected person/s is a Spouse, fonner Spouse, a person
who cohabitates or has cohabited with the Defendant, a parent of a common child, a child
of that person, or a child of the Defendant,
I&> 2. This Order is being entcred aileI'II hearing of which the Defendant received
actual notice and had an opportunity to be heard.
I:&> l Paragraph I of this Order has been checked to restrain the Defendant from
harassing, stalking, or threatening Plaintiff'and/or the parties' minor child.
I:&> 4. Defendant represents a credible threat to the physical safety of the Plaintiff
and/or the parties' minor child.
o Thc terms of this Order prohibit Defendant ti'om using, attempting 10 use, or
threatcning 10 use physical force IIgalnst the 1'laintitT and/or thc pll11ies' minor child Ihat
would reasonably be expected to cause bodily iluury.
rID 13. THIS ORDER SUPERCEDES
IE> ANY PRIOR PFA ORDER and
IE> ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
"" /J " .'\1., [. I ~ I C?qo,
U:V 14, All provislolls of this Order shllll expire in olle year, 011 _, 1VL>r -1 ~
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MA Y 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 TIm COMMONWEAL TII OF PUERTO RICO UNDER
THE VtOLENCE 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 TIllS ORDER HAS BEEN CHECKED, YOU MAY
BE 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 the Plaintill's residence OR any location wherc a
violation of this Order occurs OR where the Defendant mllY be located, shall enforce this Order.
An arrest for violation of Paragrllphs I through 7 of Ihis Order may be without warrant, based
solely on probable cause, whethcr or not the violation is committed in the presence of the police.
23 PaCS. ~6113.
Subsequcnt to an alT(~st. the police oflicer shall sei7.c all weapons used or threatened to be
used during lhe violation or the I'rotection Order or during prior incidents of abuse. The
Cumberland County Sheritrs Depal1menl shall maintain possession of the weapons until further
Order of this Court. When the Defcndanl is placed under arrest for violation of the Order, the
Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to
OFFICE OF THE DISTRICT ATTORNEY
OF CUMBERLANb COUNTY
ONE COURTHOUSE aQUA...
CARLI8L,E, PENN8VLVANIA 17011
. '
JENNIFER MARIE ENGLE,
Plaintiff
for hcrsdf and on behulf of hcr
minor child: JASON DA VID
MICHAEL SWIRE,
--
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
98-1839 CIVrL
DA VID EVANS SWIRE, .IR"
Defendant
: CHARGE: INDIRECT CRIMINAL CONTEMPT
,}
ORDER OF COURT
AND NOW, this -& h? ~ day of June, 1999, this Court certifics that the
attached complaint has been properly completed and verified, and there is probable cause
for the issuance of process, In consideration of the uttached Commonwealth's Petition,
the defcndant, DA V/D EVANS SWrRE, JR., is directed to uppear for trial on the charge
of Indirect Criminal Contempt before the Court on the J:>.M duyof J;.1r , 1999
- /
at~:3?> o'cloc~,m, in Courtroom #:;J- ofthe Cumberlund County Courthouse,
Carlisle, Pennsylvania,
The defendant hus a right to be represented by an attorney, If the defendant
cannot afford lInutlorney, upon request one will be assigned to reprcscnt the defendant.
If the defendant wishes assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defcnder's Office at 717-240-6285, Furthcr, if the
defendant fails to uppear, un arrest warrant will be issued,
The SheriffofCumberJand County is directed to serve this Order and Petition
upon the defendant, The assessment of costs to be determined by the Trial Judge
subsequent to trial.
By the Court,
William I. Gabig,
Senior Assistant District Attorney
Ie) tJ!,.tt4 .5.
~Yley,
t?A~;V
J.
DA V/D EVANS SWIRE,JR.
TRUE COpy FROM RECORD
In Testimony whereof, I h.re unto set my hand
lnd the seal of said Co at Carlisle, Pa,
rhl /&~ Clay t9 9 ~
. ~ ~Mir
Prothonotary
"
COMMONWEALlTl OF PflNNSy/'VANJA
COUN'/Y OF CUMRERI.ANU
'*'
POLICE
CRIMINAL COMPl,AINT
" ,
"' N_ II... COMMONWEAI:I'II m' rf:NNSVI'vANIA
A_ CUMBERLAND COtlNTV
COlIRTIJOtlSE
CAIU,IS/,f;, rA
COMMONWEAL 1'1/ Of' rf;NNSVI,V ANIA
Yo.
T.,cpflont
DO< eINo.:
Date Plied:
OTN:
lJt:n~mANTI
N,UU:"d AIll.lMI:HS
DA V/D EVAN SWIRf;, JR
10S MAIN S'/'REET
DALLAS, PA 186/2.1801
-----
d,,, .n", ,0,8.
1977-12-29
I en 'nf, .. s,('ur Iy umber llltadu", SID
InJUiJO .
Itl"'" onStld:,r
r "," 1.I('.n.. Number
Dl'lrlcl Altoroey', Office 0 -4pp,.ved 0 DI.opp"ved beeou..:
(Tho D~lrlc' Alromay mlY requlrelh.. ,... compl.lnl, _II w.rranl.ffidavil, or hOI" be 'p,.o'ed h)'lhe Allomey ror Ih. Cornmonw.."" prior 10 filing. PI.R.Cr.P. 107,)
.
-
(NartllI or AItOrrM)i for ilifl'onwnnnwullh. P1c_1i1il! Qf Typo) __
- (SI,naMe or AUlW1l4y ror ComnlOll';eallll)
--w.,<r-
I,
Deleetlytletltlll R, II'c.df"d
Nlmo or Am.nl. PIC.lCl Print or Type
OF CUlllbe"."d C.."W Dlst,lct -4tt""e ~ Office. C,lml"",lnvtstl .tlon Dlvlsl.n PA0210/JA
JdonUCY DoPir1m<nl or A..ncy Rep"..nl. III "'" II "!On " "A,..,y
do hereby slale: (check appropriate oreo)
I, ~ I aCcuse the above nllrlled defendant, who live. al the address 'el forth above or,
o I accuse lhe defendant whose nome In IInknown 10 me bill is described as
o I accuse Ihe defendanl whose nome and popular designation or nickname is unknown 10 me and whom I hove therefor designated os
John Doe,
wilh ViOlating Ihe penal law. oflhe Commonwealth ef P"lOsylvania 01 ,,,Id.nee of Jennifer Engl. (.ndlse/o..d.. dlrect.d by FI"1I1
P,otect/o" O,d.,. dat.d -4ugu.t H, 1998) In CUIII6"/a"d CounW on or aboulf,o", Ap,1I S. 1999 tlr,..,Ir June 1. 1999,
49.8
Officer DadflJ Numberll.D.
UQ1 r
In,'na .rncy lie
rartlelpant. were: w..... w... "'''i,jpa".. pJ...lh.lr n'n~. h..., rope"!n. n.me ofaha" der'nd.!n.)
Oil 1'10 EJ',4N SWIRE, JR
2. The ae,. commlllcd by Ihe accused wer.:
IS<<'""" '_or.. r... lOm<Jo.. looj,iH.. "'r......or.". ",",,,r.h.o'_ '"0''' A """"10",,,,,,, .1I....i, "<Jo<d, """"""".',"", ..Ilk'", I,. ..,"""_, ,.. """i..
"" ,,*1& HC4lan Md Illbl<<tlon of the Ntlllt or rilltnCe Illtlcdly 'I'/ol.~)
INDIRECT CRlMINIIL CONTEMPT _ 2J Pa. C,.s~ ,Q6JOJ
Actor did violate a Protecllon ~'rom Abuse order signed by a Pennsylvania Court of Common PleNS
Judge.
I/Iellllll Jennifer Marie Engle
PFII O,de, Number and Dllte olltsue: 98.1839 Clvlll'erm, Issued August 13, 1998
I/Io/atlon Committed: At least 3 telephone calls mode by the defend.nt and one by Ibe defendant'.
sister beglnnlug April 5, 1999 .nd ront/nulng through June 2, 1999,
all of which were againsllhe pcaee and dignity oflhe Commonwealth ofPennsylvonia and contrary 10 Ihe Ael of Assembly, or in violation of:
AI
Defendant Name: DAVID flV AN SWIRfl, lit
Docket Number:
_J.
POLICE
CRIMINAL COMPLAINT
I. 6/0/ ofthe ],/ /,,, C.I'. /
-- (S'Cflon) (Hllhrtu...) ~iii'IIlI'1 - ((.'lllIif.)
2, of the
(8HIJl.) (SllbN<lltll)-- lPA'1i'iii;i'ir--- ---rr;1l.") -
J, of the
-(S.dlo.) ISlbHCIIoIIl) (PASlllllle) -- (("Ullf)
4. of the
----eStell.a) (5Ilbtttllo.) '''''S'0'1I1'1 (C."..l.j
S. oflhe
(SUU,,,) ISllbMCIlIJ~- (FASWtll.) (eO"flW-
3, I ask lhal 0 · ""'N1ft/ of .'m, or lEJ · summons be Issued and lhatthe defend..,t be ,equired 10 answer Ihe charges I have made. (ln
order for a Warranl of arre"to issue, the altaehed affidavit of probable cause must be COmpleled and swom to before the issuing authority.)
4, I \'crify Ihat the facts sel forth In this complaint ar. Irlle and correct to the best of my knowledge or Information and belief. This verlfiealion Is
made subjecllo the penalties of Secllon 4904 of Ihe Crimes Code (18 PA. C.S. 4904) relating 10 u swom falsifications 10 authorities.
,1.\ ~..m~
.te)
""
AND NOW, 00 this date , I certify the complaint has been properly Compleled and verified. An affidavit
of probable cause must be completed in order for a warrant 10 Issue.
(MI.I.t,rfIIObtrlct)
(h.ulnl Authority)
(SEAL)
2
AFFIDAVIT OF PROBABLE CAUSE
COMI'LAINT NUMBER
YEAR
'[YPIJ
NUMBIJR
COURT OF COMMON PLEAS m'
CUMBERLAND COUNTY
Compllllnt Numhors If Olher PlIrtlelpllnts
[NCIDENT NUMOIJR
99.0684
UCR NO.
260
OTN
COMMONWEALTH OF PENNSYLVANIA
DEFENDANT: VS,
I,
Delectlve Letitia R, Woodford
(Name of Affiant)
NAME
AND
ADDRESS
David Evan Swire, Jr,
10S Main Street
Dallas,PA 18612-1801
of Cumberland Counly Dlstrlcl Allorney's Omce, Crlmlnallnvestlgallon Division
(Identity departmenl or agency represented and political subdivision)
being duly sworn (or affimled) before me, according to law, deposes and says that there is probable cause to believe Ihat:
PROBABLE CAUSE BELIEF [S BASED ON THE FOLLOWING FACfS AND CIRCUMSTANCES:
Your affiam is a Detective in the Cumberland County District Attorney's Office, Criminal Investigation Division and has
been so employed for the past 2 years,
According to the Plaintiff, On April S, 1999 and May 18, 1999, the Defimdant placed collect calls to the home of the
Plaintiff, but charges were not accepted,
During mid.April, 1999, the Defendant's sister, LeighAnn called the Plaintiff on behalf of the Defendant, asking the Plaintiff
to drop the pending child support order, The Defendant's sister also stated the Defendant wallled to visit his son, The Plaintiff
explained the Defendant would have to petition the court for visitation rights,
On June 2, 1999, the Defendant telephoned the home of the Plaintiff and the Plaintiff answered, Plaintiff lold the Defendant
he was not 10 be calling her and Defendanl stated he could do anything he wanted, as the PFA had expired, Defendanl asked Plaintiff
whal color ber hair was and if she had lost or gained any weight since he lasl saw her, Defendant stated he had tried to call the
Plaintifrs father and the telephone number was still hooked up, The Defendant explained that he thought Ihe PlainUfrs father had
moved from his apartment. This concerned the Plaintiff because the Plaintifrs father had just recently moved out of the apartment.
The above listed accounts are in violation of paragraph #3 of Final Prolection Order 98-1839 which states Ihe following:
"Defendant is prohibited from having ANY CaNT ACf with the Plainliff at any location, including, but not limited to, any contact al
the Plaintifrs place of employment and the day care facility of the minor child, Defendant is apecifically ordered to stay away from
the following location for the duration of this Order: the PlalntICf's resldenee which Is al an undisclosed location 10 avoid further
abuse. and any resldente she may In Ihe future eslabllsh for herself," These accounts are also in violation of paragraph #4 of
Final Protection Order 98.1839 Civil Tenn, which slates: "Defendant shall not contact PlainUff by telephone or by any other means,
Including third parties,"
In lieu of the above lisled infonnation, I respectfully request the Defendant be summoned by the Court to appear on a charge
oflndirect t"rimi I Contempt
,
--
',,--.
SIGNATURE OF AFFIAN
';q-e
BADOE NO,
DISTRICTIUNIT
Sworn 10 and subscribed before me this
day of
(Signature of Issuing Authority)
(SEAL)
,19_
DISTRICT JUSTICE COURT NO.
OFFICE ADDRESS:
CI On at Ill, I>elondllnt lIlay enter the residence to retrieve his/her clothing
and other personal effh~ts, provided that Dofendant is in the l~ompany of a law
enforcement oll1cer whml such retrievlll is made.
\1iD l) Defendllnt is prohihited Ilom having ANY CONTACT with the 11laintin' at any
location, including, but not limited to, IIny contact at the Plaintiff's place of employment and thc
day care facility of the minor child. Defendant is specifically OI'dered to s\..j away fl'Om the
following location fUl ihe duration of this Order: the Plaintlrr5 re51dence which Is Ht an
undisclosed location to avoid further a11ll5e, and any re5idence she may in the future
e5tabllsh for herself.
IE> 4. Defendant shall not contact the Plaintin' by telephone or by any other means,
including third parties
IE> 5. Custody of the minor child, Jason David Michael Swl\'e, shall be as follows the
Plaintiff shall have Jlrimary Jlhysicalllnd legal custody of the JllIrtles' 7-month old child.
The Defendant 5hall have no contllct with the child until further Order of Court after the
custody conciliation conference scheduled 011 August 26, 1998, lit II :00 lI,nl, with
conciliator, Michael A, Bangs, Sec attached CU5tody Order,
o 6. Defendant shall immediately (urn over to the Slwrill's Oll1ce, or to a local law
enforcement agency for dclivClY (0 the Sherin's Oll1ce, the followiug weapons used or threatencd
to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren:___
o 7. Defendant is prohibited Ilom possessing, transfcrring or acquiring any other
weapons tor the duration of this Order. Any weapons delivered to the sherin' under Paragraph 6
of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further
Order of Court,
IE> 8.
The foil owing additional relief is granted as authorized by *6108 of this Act:
Law enforcement agencics, human service agencies and school districts llhall not
diselose the presence of the Plaintill' and/or address, telephone number, or any other
demographic information about the PlaintilT and/or minor child except by further Order of
Court.
This Order shail remain in effcct until modified 01' terminated by the Court and can
be extended beyond its original expiration date if the Court nnds that the Dellmdant has
committed an act of abuse or has engaged in a pattern or practicc thllt indicates risk of
harm to the PlaintilTand/or minor child.
....'.
o The terms of this Order prohibit Defendant fi'om using, attempting to use., 01'
threatening to use physical force against the PlaintilT and/or the parlies' minor child that
would reasonably be expected to cause bodily injury,
I&>
13.
I&>
14,
All provisions of this Order shall expire in one year, 011
THIS ORDER SUPERCEDES
I&> ANY PRIOR PFA ORDER alld
(8) ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
'()';'Cjf1[
/2-
I
I qr:;q
NOTICE TO THE DEFENDANT
~
VIOLATION OF THrS 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 (SO) 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 92265 IF YOU TRAVEL
OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY
BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US C
9~ 2261-2262, IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY
BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY"
PROVISIONS OF THE GUN CONTROL ACTiON, 18 lJS,C. 9922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FrREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the Plaintill's residence OR any loeation where a
violation of this Order occurs OR where the Defendant may be located, shall enforce this Order.
An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based
solely on probable cause, whether or not the violation is committed in the presence of the police.
23 Pa.C.S. 9611l
Subsequent to an arrest, the policc officcr shall seize all weapons used or threatened to be
used during the violation of the Protection Order or during prior incidents of abuse, The
Cumberland County Sheriff's Department shall maintain posscssion of the weapons until further
Order of this Court. When the Defendant is placeu under arrest for violation of the Order, the
Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to
JENNIFER MARIE ENGLE,
Plaintiff
for herself and on behalf of her minor child:
JASON DAVID MICHAEL SWIRE,
: IN TIlE COURT OIi,COMMON PLEAS OF
: ;JC1& lX IC1'16
Iq~ Y; - JJl/ S' JL~#
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
.
: NO, 98-_ I i 39
CIVn.. TERM
DAVID EVAN SWIRE, JR"
Defendant
'l??;i~ cu~[~t q?
,\; ....: I
TEMPORARY PROTECTION OaDE.~ on::".~,7p 7,.
AND NOW, this ~1ay of April, 1998, upon presentation and consid~ation of the '+6 ~~f:
H{)...c
within Petition, and upon finding that the plaintiff, Jennifer Marie Engle, currently resides at Twin J ~; ~ . ~
Pines Apartments, C14, 4341 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania, ami i~ i~' 'E
th . +V1:g.>J }
e parties' 3-month-old minor child, Jason David Michael Swire, who is believed to be WIth the :;!:f e;4'
defendant, are in immediate and present danger of abuse from the defendant, David Evan Swire,
: PROTECTION FROM
Jr., the following Temporary Order is entered,
The defendant, David Evan Swire, Jr" (SSN: 192-58-62JO)(DOB: 12129177), whn the
plaintiff believes to be residing with his half-brother, Thomas Witter, at Pocono Country Place,
Lot No, FI6, 6107 Boardwalk Drive, Tobyhanna, Monroe County, Pennsylvania, is hereby
enjoined from physically abusing the plaintiff, Jennifer Marie Engle, or the parties' minor child, or
from placing them in fear of abuse,
The defendant is ordered to stay away from the plaintift's residence located at Twin Pines
Apartments, C14, 4341 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania, a residence
which is leased by the plaintiff's father, James Engle, and is ordered to stay away from any
residence the plaintiff may in the future establish for herself,
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,
. .
:.J
, J
,. ;
~i':-
()
TI ;1';
>J
'",
. ". ~,', j
I
'J)
,
" .
The defendant is enjoined from harassing and stalking the plaintiff and from harassing her
relatives,
The defendant is enjoined from entering the plalntift's place of employment or the day care
facility of the parties' minor child,
The defendant is enjoined from removing or damaging any propeny owned jointly by the
parties or owned by the plaintiff,
A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C,S. ~6113;
ii) a private criminal complaint undcr 23 Pa.C,S, ~6113,l; ill) a charge of indirect criminal
contempt under 23 Pa,C,S, ~6114, punishable by lmprisOflment up to six months and a fine of
SIOO,OO-$I,OOO,OO; and iv) civil contempt under 23 Pa.C.S, ~6114,1.
This Order shall remain in effect until modilied or tenninated hy the Court and can be
ClXtended beyond its original expiration date if the Court finds that the defendant has committed an
act of abuse or has engaged in 11 pattern or practice that indicates risk: ofbarm to the plaintiff.
Temporary custody of Jason David Michael Swire is hereby awarded to the plaintiff.
Jennifer Marie Engle,
Tile defendant Is ordered to rdurn tl,e parties' child to tl,e custody of tile
plaintiff. TI,e SlIerijJ's Department or any law enforcement agency witl,
jurisdiction to enforce tl,1s Order sllall assist tl,e piaintiUin retrieving the cllild,
The defendant is ordered to relinquish to the sheriffs deplUtment any weapons (a utility
ludre) which he owns, possesses, has used or threatened to use in an Incident of abuse against the
plaintiff. The defendant i:. prohibited from acquiring or possessing any other weapons for the
duration of the Order and is required to relinquish to the sheriff any firearm license the defe.ndant
may possess, TIle defendant's weapons and lireann license may be returned at the expiration of
the Protection Order after the defendant has submitted a written request to the Court for the.
return of the weapons and the Court has notified the plaintiff of the request and given the plaintiff
I,'.' .
. '" to roo"""" ,...., 01 ,b' 0.... .... '" ,......... to ... ..... " .... 01
.. ........." ." . ..
\\ d ...art-om.1 lb' ......... ,........ ..... .........' "" ..- ......
the \'10 te er ...
..... ........., ... ,.. ...... 01 "'..... CoOD~'
to \\fJ\RlNG S\lJl.LL B'E \\'ELD 01'1 'fl\lS M>\Tt'ER
01'1 ,\1'RlL 3~ 1998. toT- {'.'In :8..~" 11'1 CO\lR1
ROO~ 1'10. ,.;2 ~ OF 1U'E CU~B'E~ co\J1'1'T'I
CO\lR1\\OUS'E. Ci\RLlSL'E. 1''E1'11'1S'/L V j\1'1lJ\.
f ~ ding a further otder ai\et the
tho """"".,., "",", ..- ......,..... ......
",,"" """ ............
"" C......"" Cou"l ,..,uf' .......... .... ...... to ·
. b accolll\'l\ished under atrf
""""". """" "" "',_ ....,.,- 01 "". ... ...- """ ·
a\'l\'l\itab\e ru\e of Civil. ptOcedure, S" 't:C
.. t8"" and forwarded \0 the ,lIet\\l
_" """'.... ,. ",,,,,", \n ,'" oll\" of'" .'01.... .,
~ ~
'0< """,. tho .,,,,,,,,,,,, .... ... ",d · "" of";' 0'" to ... -""," . .
....11 'ded w\th a cert\f1ed coVi of this
"" ""'.... '....m. .oIl" ""...... - "'....
,-_II b ~ tted by atrf \aW enforcetnen\ aaen\:l'j
""'" ., ,,,, "".,Il!' ......, "'" 0....-. · -~
, ,_'-al ntell\.d ",,\hout warrant u\,on \'fOb.... e
"""" . "",\n' ._ ., .."" ." """'" -- "" r
b '~don is couunitted in the ~esente
..... ,,,,, 1m' Old" "" "'" "',.... """"" 0< ... I · "" ·
d d his eotion. tbe defendant sba\l be
of ... "'.. otIk". .. ,'" ,,'" ,,,,, .. .... ,,,,, · un .' · .
hat issued tbe otdet. Whell that court IS
,'''''' """"" """.."" dol" bof<>" ... ""OU ,
't district justice t23 Pa.C,S,
_"Iob"- ~. -"'" ....' '" ,""" """'. ,'" ......... .
I....
JENNlf'ER MARIE ENGLE, : IN TIlE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor child:
JASON DAVID MICHAEL SWIRE, : CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 98-__
CIVIL TERM
DA V1D EVAN SWIRE, JR"
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
NOTICE
V Ou have been ~'Ued in court. If you wish to defend against the c1aims set forth in the
following pages, you must take action promptly after this Petition, Order and Notice are served,
by appearing personally or by attomey at the hearing scheduled by the Court and presenting to the
Court your defenses or objections to the claims set forth against you, Vou are warned that if you
fail to do so the Court .may proceed without you, and a judgment may be ClIItered apinst you by
the Court without further notice for any money claimed in the Petition or for any other claim or
relief requested by the plaintiff. V ou may lose mon~ or property or other rights important to
you, Any Protection Order granted by a Court may be considered ill any subsequent
domestic relations proceedings, Including custody actions,
~ES AND- COSTS.
If the case goes to hearing and the judge grants a Protection Order, a surcharge of$2S,00
will be assessed against you, Vou may also be required to pay up to $250.00 to reimburso ono of
Legal Sorvices,!nc,'s funding sources for Legal Services, Inc.'s representation of the plaintiff.
You have the right to be represented by counseL You should take tbls paper to your
lawyer at once, If you do not have a lawyer or cannot afford one, go to or telephone the
omce setrorth below to find out where you can get legalltelp,
CUMBERLAND COUNTY BAR ASSOCIATION
2 LmERTY AVENUE, CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-3166 or TOU. FREE: 1-800-990-910S
FAX: (717) 249-2663
Al"J:RlCANS WITH pIS~BnJTIES 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,
pleaBe contact our office, All arrangements must be made at least 72 houn prior to lIIlY hearing
or business before the court,
'" .
the plaintiff In reasonable fear of bodily Injury to henelf and her minor r.hlld, This has Included,
but Is not limited to, the following specific instances of abuse: ..ffR- [f5/del1[e t~! /f2Vf n
a) On or about March 31, 1998, the defendant entered the plaintiff s f( Ie> II /".h
residence, yelled at her, told her he was taking 'he parties' 3-month-old son, Jason
David Michael Swire, The defendant's sister, Leighann. who was visiting the
plaintiff, distracted her to afford the defendant the opportunity to take the baby,
As they were leaving, Leighann told the plaintiff that she had until Friday, April 3,
to return to Mt, Pocono to live with the defendant or she would have to pay them
$1,500 to get her baby back, The plaintiff contacted the police and the
Cumberland County District Attorney's Office and an investigation of the incident
is underway, The plaintiff fears for the baby's safety because of the defendant's
prior threats to kill her and the baby and his abuse ofthe child and her,
b) On or about March 28, 1998, when the plaintiff told the defendant that she
did not want to continue their relationship, he sat ontop of her legs/straddled her
legs, grabbed her by the neck with one hand and choked her, and with the other
hand held a utility knife with a razor blade insert under her chin and threatened, uI
swear to God, I'll slit your throat right now if you tTy to leave me," The defendant
got oft' of the plaintiff, sat down in a chair, and while holding the knife in his hand
threatened to kill the plaintiff, their baby, and himself.
c) In or about mid-March 1998, the defendant telephoned the plaintiff ather
friend's house, demanded that she return home, repeatedly banged his head against
a metal post as he was talking to her on the telephone, threw the telephone to the
floor breaking it and causing the line to disconnect. When the plaintiff and her
father returned to the apartment, the defendant described to her in detail how he
had cut up her clothing and defaced her face in a picture of her and him Ulling the
I, "
anteMa of the broken telephone to repeatedly stab her likeness, and he
demonstrated how he had gouged the picture. The plaintiff' found remnants of her
clothing in the bedroom and outside in the dumpster where the defendant had
hr h none were- ~I!d 1'1
t ownt em, c:/lA-f)l.-fS-ler
d) In or about early March 1998, Ihe defendant became angry when the infant
cried and shook the child violently, Fearing for the baby's safety, the plaintiff' took
the baby from the defendant,
e) On or about February IS, 1998, the defendant prevented the plaintiff' from
leaving the apartment by holding her in a "bear hug" Ii'om behind and threatened to
take the baby if she tried to leave,
t) On or about February 6, 1998, the detimdant became angry when the baby
cried and threw a watch at the plalntiff'such that it hit her on the forehead and the
baby in the face near his ey~, The plaintiff' sustained redness and soreness on her
forehead and the baby sustained a red mark on the bridge of his nose as a result of
this incident. iJlf2 bt.~ aJS'o SlJs+a..'I'l12of a pt.A.rfl~ SCtt/C.,
g) In OJ' about early February 1998, the defendant punched the plaintiff'several
times about her back. The plaintiff'sustained soreness about her back as a result of
this incident.
h) In or about December, 1997, the defendant punched the plaintiff, who was
approximately 8 months pregnant, in the back several times and pushed her about.
i) In or about October 1997, the defendant head.butted the plaintiff' in the
head when she was approximately 6 months pregnant with the parties' baby, The
plaintiff'sustained soreness about her forehead as a result of this incident.
I",
S, The plaintiff believes and therefore avers that she and the minor . chUd are In
Immediate and present danger of abuse from the defendant and that they are in need of protection
from such abuse,
6, The plaintiff desires that the defendant be prohibited from having any direct or
indlrC\.'t contact \vith the plaintiff 01' the minor child including, but not limited to, telephone and
written communications,
7, The plaintiff desires that the defendant be enjoined from harassing and staJking the
plaintiff, and from harassing her relatives,
8, The plaintiff desires that the defendant be restrained from entering her place of
employment,
9, The plaintiff desires that the Court order the defendant to relinquish to the sherifI's
depa.rtment any weapons including a utility knife, which he owns or possesses, and prohibiting the
defendant from acquiring or possessing any weapons for the duration of the Temporary
Protection Order,
8, EXCLUSIVE POSSESSI~
10, The apartment located at Twin Pines Apartments, C14, 4341 CarliJle Pike, Camp
Hill, Cumberland County, Pennsylvania, from which the plaintifl'is asking the Court to order the
defendant to stay away is rented in the name of James Engle, the plalnti1rs tither. To the best of
the plaintiff's knowledge the defendant has been residing at the residence of his htlf-brother,
TIlomas Witter, Pocono Country Place, Lot No, F16, 6107 Boardwalk Drive, Tobyhanna,
Monroe County, Pennsylvania, since March 28, 1998,
P/(A,'n+,'ffs Cl.A.I'Hrrl adol~s.S' 10'1,A1. JoK.K S:/-.
I11.e CA'LL^-h I ( s hu (( ~ 'pAl '705.5
! "
II, The plaintiff has suffered losses as a result of the abuse by the defendant. The
losses are listed on Exhibit A attached.
12. The plaintiff asks that the defendant be ordered to pay 5250,00 to Cumberland
County, one of Legal SelVices, Inc.'s funding sources 1UI reimbursement for the cost of Iltlgatlng
this case, and thaI the defendant be assessed the S2S. 00 surcharge and any court costs if tbe case
goes to hearing,
D, TEMPQRARY CUSTODy"
13, The plaintiff seeks temporary custody oftbe following child:
.lhm Address
lason David Michael Swire Pocono Country Place
Lot No, F16
6107 Boardwalk Drive
Tobyhanna, Monroe County, Pennsylvania 18466
The child was born out of wedlock.
The child is presently in the custody of tbe defendant, David Evan Swire, Jr" wbo resides
Au
3 months old
DOB: January 6, 1998
at Pocono Country Place, Lot. No, F16, 6107 Boardwalk Drive, Tobyhanna, Monroe County,
Pennsylvania,
Since his birth, the child has resided with the following pcrsons and at the following
addresses:
&me
Defendant and his half-
brother, Thomas Witter
I\ddress
Pocono Country Place
Lot No, F16
6107 Boardwalk Drive
Tobyhanna, Monroe County, Pennsylvania 18466
DIm
From March 31, 1998
to the present
Plaintiff, defendant, and
her father, James Engle
Twin Pines Apanments, C 14
4341 Carlisle Pike
Camp Hill, P A
From January 6, 1998
to March 31, 1998
.! ,
The plaintiff, the mother of the child, is Jennifer Marie Englc,oumntIy residing at Twin 109 ;(),
L!)j;' )l
Pines Apartments, C14, 4341 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania. j~~, ~ 0',1
mee!" r/-/
She is single, .; ? (liS
The plaintiff currently residcs with her father, James Engle. + f"I (n) I;(;.IJ /1'1 IV: 0 V I (. ~
The defendant, the father of the child, is David Evan Swire, Jr., currently rcsidlng at
Pocono Country Place, Lot, No, F16, 6107 Boardwalk Drive, Tobyhanna, Monroe County,
PeMsylvania,
He is single.
The defendant CU1Tently resides with his half-brother, Thomas Witter.
14, The plaintiff has not previously participated In any Iitiglltion concerning custody of
the above mentioned child in this or any other Court,
15, The plaintiff has no knowledge of any custody proce.edlngs concerning this child
pending before a court In this or any other jurisdiction.
16, The plaintiff does not know of any person not a party to this action who has
physical custody of the child or claims to have custody or visitation rights witb respect to the
child,
17, The best interests and permanent welfare of the minor child will be met if custody
is temporarily granted to the plaintiff pending a hearing in this matter for reasons including:
a, The plaintiff has provided for the emotional and physical
needs of the child since his birth and is a responsible parent who can
best take care of the minor child,
b. The defendant has shown by his abuse of the plaintiff' and
child that he is not an appropriate role model for the minor child,
c, The defendant has forcibly removed the child trom the
'"tl)r. I< rtJVir...h ~
plaintiff in that he: came to her residence uninvited, removed the
I't, ,
child, threatened the plalDtiff that she had to mum to Mt. Pocono
to livo with him by Friday, April 3, or she would have to pay him
$1,500 to get the baby back, The plalntitl'fears for the safety of tho
child because of the defendant's violent and unstable behavior.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" ofO~10ber
7,1976,23 P.5, ~6101 m 8!l" as amended, the plaintifFpra~ this Honorable Court to grant the
following relief:
A. Grant a Temporary Order punu.nt to the "Protection from Abuse
Act:"
1. Ordering the defendant to refrain from abusing the plalntift' and/or
the minor child or from placing them in fear of abuse;
2, Ordering the defendant to refrain from having any direct or indirect
contact with the plaintiff including, but not limited to, telephone and
written communications,
3. Ordering the defendant to refrain from harassing and sta1klng the
plaintiff and from harassing her relatives,
4, Prohibiting the defendant from entering the plaintift's place of
employment or the day care facility of the minor child.
S, Prohibiting the defendant from damaging or destroying property
jointly owned by the parties or owned by the plaintiff.
6, Ordering the defendant to stay away from the plaintift's realdance
I.ocated at Twin Pines Apartments, C14, 4341 Camlle Pike, Camp Hill,
Cumberland County, Pennsylvania, and from any residence the plaintiff
may in the future establish for herself.
7, Granting temporary custody of the minor child to the plaintiff.
I,' ,
8, Ordering tho dofendant to relinquish to the sherlft's department any
weapon Includlng a utility knife, which he owns or possesses. and
prohibiting the defendant from acquiring or possessing any weapons for the
duration ortbe Temporary Protection Order,
8, Schedule a bearing In accordance wltb the provisions of tbe
"Protection from Abuse Act," IDd" aRer such hearing, enter llD onier to be In efl'ec:t for a
period of one year:
1. Ordering the defendant to refrain from abusing the plaintift' lIJ\d1or
the minor child lIJ\d1or from placing them in fear of abuse.
2, Ordering the defendant to refrain from having any direct or indirect
contact with the plaintiff or the minor child including. but not lhaited to,
telephone and written communications,
3, Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives,
4, Prohibiting the defendant from entering the plaintift's place of
employment or the day care facility oflhe minor child,
S, Prohibiting the defendant from removin8 or damaging any properlY
jointly owned by the parties or owned by tbe p1alntlff.
6, Ordering the defendant to stay away from the p1alntlft's residence
located at Twin Pines Apartments, C14, 4341 Carllale Pike, Camp Hill.
Cumberland COWlty, Pennsylvania, and ordering the defendant to stay
away from any residence the plaintiff may in the future establW1 for herself.
7. Ordering the defendant to relinquish to tbe sherift's department any
weapons Including a utility knife, which he owns or possesses, and.
, '"
prohibiting the defendant from acquiring or possessing any weapons for the
duration \lfthe Protection Order.
8, Ordering the defendant to reimbul1e the plaintift's out-of.pocket
losses su1fered as a mult of the incidents which occured on or about
March 31, 1998, March 28, 1998, and in mid.March 1998, including, but
not limited to, the losses listed on the attached sheet marked Exhibit A.
9, Ordering the defendant to pay $250,00 to Cuplberland County, one
of Legal Services, Ioc.'s funding sources as reimbursement for the cost of
litigating this case, and asses..ing the $25,00 surcharge and ('.ourt costs to
the defendant If the case goes to hearing,
Thllplaintiff further asks that this Petition be filed and served without payment of fees and
casts by the plaintlft; pending a further order at the hearing, and that a certifted copy of this
Petition and Order be delivered to the Hampden Township Poli(:O Department which bas
juriJdic1iontoenforcethisOrder,' 4150 mec hal1i('sbul?Cr Pollc,e '])epl-,
The plaintiff prays for such other relief as may be just and proper,
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
18, The allegations of Count I above are Incorporated herein as if fully set forth,
19, The best interest and permanent wlIlfare of the minor child will be served by
conflnning custody in the plaintiff as set forth in Paragraph 17 of the Petition,
WHEREFORE, pursuant to 23 P,S, ~ 5301 ~ 811" and other applicable rules and law, the
plaintitr prays this Honorable Court to award custody of the minor child to her,
'llte plaintiff' prays tbr such other renef u msy be jU5t and proper.
/'
laintitr
LEGAL SERVlCES, me,
8 Irvine Row
Carlisle, PA 17013
(717) 243.9400
. ""
", ..'
The above-named pleintut: Jennifer Marie Ensle. verifies that the statement. made in tbe
Ibove Petition are true and comet. The pleintift' undemands that false statement. herein are
made subject to the penalties of 18 Pa,C,S, ~4904 relating to unsworn filslficatlon to authorities,
Date:
~-2~9t
41V~ ~ ~~
~ '41 Engle, Plaintiff