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ELAINE SWEITZER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2001- JC):J..I..J CIVIL TERM
CHARLES RAY SWEITZER II,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the
case may proceed against you and a FINAL Order may be entered against you granting the relief
requested in the Petition_ In particular, you may be evicted from your residence and lose other
important rights.
A HEARING ON THIS MATTER IS SCHEDULED ON ~ d- ,mt,AT
I; 3D ~.M., IN COURTROOM NO. J OF THE CUMBERLAND
COUNTY COUR OUSE, CARLISLE, 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 ofindirect criminal contempt which is punishable by a fine of up
to $1,000.00 and/or up to six months injail under 23 Pa.C.S. g6114. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18
U.S.C. g2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories
and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate
this Order, you may be subject to federal criminal proceedings under the Violence Against Women
Act, 18 U.S.C. g 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer
represent you at the hearing. The court will not, however, appoint a lawyer for you. !fyou
do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find
out where you can get legal help. !f you cannot find a lawyer, you may have to proceed
without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing.
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Elaine Marie Sweitzer
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
v.
; No. 0/. /02-'f ~ -J,JI..l-'-
Charles Ray Sweitzer II
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Charles Ray Sweitzer II
Defendant's Date of Birth is: September 11, 1964
Defendant's Social Security Number is: 166-62-1612
Name(s) of All protected persons, including Plaintiff and minor children:
1. Elaine Marie Sweitzer
AND NOW, on 21st Day of February, 2001 upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
Plaintiffs request For a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
2. Defendant shall be evicted and excluded from the residence at:
2 Pheasant Court
Mechanicsburg, P A 17055
or any other pennanent or temporary residence where Plaintiff or any other person
protected under this Order may live. Plaintiff is granted exclusive possession of
the residence. Defendant shall have no right or privilege to enter or be present on
the premises of Plaintiff or any other person protected under this Order.
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3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any
other person protected under this Order, at any location, including but not limited
to any contact at Plaintiff's school, business, or place of employment. Defendant
is specifically ordered to stay away from the following locations for the duration
of this order.
Plaintiff's place of employment at MSA, 2501 North Front Street,
Harrisburg, Pennsylvania, and any area on Plaintiff's newspaper delivery
ronte during which time she would be working.
4. Defendant shall not contact Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
5. The following additional relief is granted:
The Cumberland County Sheriff's Department shall attempt to make service
at Plaintiff's request and without pre-payment of fees, but service may be
accomplished under any applicable Rule of Civil Procedure. This Order shall
be docketed in the office of the Prothonotary and forwarded to the Sheriff for
service. The Prothonotary shall not send a copy of this Order to Defendant
by mail.
This Order shall remain in effect until modified or terminated by the Court
and can be extended beyond its original expiration date if the Court fmds
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 children.
Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives or the minor
children.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Lower Allen Township Police
Harrisburg City Police
Silver Springs Township Police
7. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for
Hearing without prepayment of costs. The Petitioner will inform the designated
authority of any addresses, other than the Defendant's residence, where Defendant
can be served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
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8. THIS ORDER APPLIES IMMEDIA TEL Y TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL AUGUST 21, 2002 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or
up to six months injail. 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant's
return to the residence shall not invalidate this Order, which can only be changed or
modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.
96113. Defendant is further notified that violation of this Order may subject him/her
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 D.S.C. ~92261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiffs
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs I through 4 of this
Order, defendant shall be arrested on the charge ofIndirect Criminal Contempt. An
arrest for violation of this Order may be made without warrant, based solely on
probable cause, whether or not the violation is committed in the presence oflaw
enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sheriffs office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weapon/s are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
t: Judge
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Distribution to:
MidPenn Legal Services J /
Faxed & Mailed to PSP :2J.;l{ ". I
Cumberland County Sheriff ~. J 'I
Lebanon County Sheriff . ~
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PF AD Number: ZDl199337T
Elaine Marie Sweitzer
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
v.
01. J():L'I CU;J-r~
: No.
Charles Ray Sweitzer II
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
.
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is:
Elaine Marie Sweitzer
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Elaine Marie Sweitzer
4. Plaintiff's Address is : 2 Pheasant Court, Mechanicsburg, P A 17055
5. Defendant's Name is:
Charles Ray Sweitzer II
6. Defendant is believed to live at the following address:
16 North 5th Street, Lebanon, P A 17042
7. Defendant's Social Security Number is:
166-62-1612
8. Defendant's Date of Birth is:
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September 11, 1964
9. Defendant's Place of employment is:
Baker Installations Harrisburg, PA, but currently is on workman's
compensation
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Spouse
12. The defendant has been involved in a criminal court action.
13. The defendant is not currently on probation / parole
14. The following other minor child/ren presently live with Plaintiff:
a. Matthew Ronald Francen
The Plaintiffs relationship to this child is:
Mother
b. Rebecca Kathleen Francen
The Plaintiffs relationship to this child is:
Mother
15. The facts of the most recent incident of abuse are as follows:
On or about February 19, 2001, approximately 4:00 a.m., When Plaintiff was delivering
her newspapers, she noticed Defendant following her. When Plaintiff pulled into a
driveway to make a delivery, Defendant blocked the driveway with his vehicle so that she
could not leave. Defendant stated he would talk to her when she got home and left. Later
that day, Defendant stood against Plaintiff and screamed in her face with a crazed look in
his eyes causing her to fear for her safety. Defendant left and Plaintiff called the police who
charged Defendant with harassment. Plaintiff received an emergency Protection From
Abuse Order from District Justice Manlove. (See attached Exhibit" A").
16. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
child/ren, (including any threats, injuries, or incidents of stalking) are as follows:
On or about Febraury 18, 2001, Defendant screamed at Plaintiff and followed her into the
kitchen. Defendant pinned Plaintiff against the sink with his body, screamed in her face
several times asking her "What's the matter bitch", and slapped her on the back of the
head. When Plaintiff attempted to get away, Defendant followed her, grabbed her by the
arm, and screamed in her face causing her to fear for her safety. Plaintiff fled to the
neighbors to call the police. Defendant left the residence.
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On or about February 16,2001, Defendant threatened Plaintiff that he had people
watching her and that she will never be able to get away from him.
On or about F.ebruary 15, 2001, Defendant screamed at Plaintiff calling her vile names
with a crazed look in his eyes. Defendant followed Plaintiff and her children as they ran to
her car. Defendant pounded on the car and demanded that Plaintiff not leave causing her
to fear for her safety and that of her minor children.
In or about Fall of 2000, Defendant threw things throughout the house causing them to
break, and screamed at Plaintiff and her children. Defendant paced back and forth
exhibiting an agitated behavior. Plaintiff called the police and the ambulance who
transported Defendant to the Holy Spirit Mental Health facility.
In or about Spring of 2000, Defendant threw a television remote at Plaintiff hitting her in
the back of the head. During a separate incident later in the Spring, Defendant slapped
Plaintiff across the face.
Since approximately June of 1999, Defendant has abused Plaintiff in ways including the
following: pulled her hair, grabbed her arms, slapped her, pushed her, and screamed vile
names at her. These incidents have caused Plaintiff pain and reasonable fear of imminent
serious bodily injury.
17. The police department(s) or law enforcement agencies that should be provided with a copy ofthe
protection order are:
Lower Allen Township Police
Harrisburg City Police
Silver Springs Township Police
18. There is an immediate and present danger of further abuse from the Defendant.
19. Plaintiff is asking the court to evict and exclude the Defendant from the following residence:
2 Pheasant Court
Mechanicsburg, P A 17055
Rented By:Elaine and Charles Sweitzer
20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER
A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD
DO THE FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff
and/or minor child/ren in any place where Plaintiff may be found.
b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant
from attempting to enter any temporary or permanent residence of the
Plaintiff.
c. Prohibit Defendant from having any contact with Plaintiff and/or minor
child/ren, either in person, by telephone, or in writing, personally or through
third persons, including but not limited to any contact at Plaintiffs school,
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_business, or place of employment, except as the court may find necessary with
respect to partial custody and/or visitation with the minor child/ren.
d. Order Defendant to pay the costs of this action, including filing and service
fees.
e. Order the following additional relief, not listed above:
Defendant shaJll pay $250.00 to one of MidPenn Legal Services fnnding
sources as reimbursement for litigation in this case.
Defendant shall not damage or destroy any property owned jointly by the
parties or solely by Plaintiff.
Defendant shall not harass Plaintiff's relatives or her minor children.
f. Order the police or other law enforcement agency to serve the Defendant with
a copy of this Petition, any Order issued, and the Order for Hearing. The
petitioner will inform the designated authority of any addresses, other than the
Defendant's residence, where Defendant can be served.
Date:
J./r;,I~ f
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David Lopez, Attorn 0 Plaintiff
MID-PENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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VERIFICATION
I verifY that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating
to unsworn falsification to authorities.
Dated:C>dO-a I
Elaine M. Sweitzer, Plaintiff
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02/19/2001 23:37
71 72581677
PAGE 06
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: COHBBlU''UlI)
17011-0000
PETITION FOR EMERGENCY
RELIEF FROM ABUSE
PLAINTIFF; ~ _NA~~!"~D~~
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Docket. No.: 1/. I 0.\ of
Dale Filed: I
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09-1-02
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ROBERT V. MlUIILOVE
-~"; 1901 STATE STREET
CAMP RILL, PA
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T.","".: (717) 761- 0583
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O PLAINTIFF REQUESTS CONFIDENTIA~ITY OF
PERMANENTITEMPORARY ADDRESS.
PETITION OF THE PLAINTIFF
, hereby petition for emergency relief from abuse
(N;ameoIPlllilnllll.prallH: Yf:l81
j;!!\ on behalf of myself
Il9 on behalf of. the following (Child)dChildre~to whom I am a (parent) (aduit household member) (guardian)
o O~~JIi=dulttowhOm I am gldr~J.C* .
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INl;m"l (Adl;!r,!!$5)
Emergency reUef from abuse is required because there Is immediate and present danger of abuse by the
defendant to (me) and to the above listed (child) (children) (incom t t adult).
(Type additional nameSladd'9sses on a separate
sheet Of paper and attach hereto.)
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FINDINGS OF ISSUING AUTHORITY At an ex parte hearin on
~ I have found upon good cause that it is necessary to protect the laintl
(incompetent adult). . .
o I have NOT found that it is necessary to issue a protective order.
ACTION OF ISSUING AUTHORITY
Having found upon good cause shown that it is necessary to protect the (plaintiff) and above listed (Child) (children)
(incompetent adult), I have taken the following aclio~ petition: .
llsI Ordered the defendant to refrain from abusing th~andlor ~lId~incompetent adult.
m Ordered the defendant to refrain from having any contact with the aln if or mino children including restraining
the defendant from entering the place of employment or business or school of plaintl mor children and from
harassing plaintiff, plaintiff's rel.atives or minor children. . _ /) iO J) n {'t, ~ J)Ot1::;i(]-
o Ordered the eviction of the defendant from thea1)ousehQ]d} u.es~ at L- \J ~ /J 0.41.>' II~ (anCl)'
(A.dQr9'li'6)
o Ordered restoratiort of possession to the (household) (residence) at (or)
'd (Addreu)
o Allowed the defendant to provl e suitable. alternate housing by consent agreement.
{Stgnalurv QllssUlng AUlllOfli)'1
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NOTICE TO DEFENDANT
Orders issued are purauant to the Protection from AblJ~e Act, Act No_ 21! (1976), as ameMed.WARNING: Failure to comply
re.ult in a finding 01 CRIMINAL CONTEMPT pur....ant to 42 Pa, C.sO 4137, This o"ense i. puni$h~. by a lin. and/or imp. I
explte at the end of the n,xl business day the Court deems itself available. These orders. will be immecUately certified to the Ci
WHiCH HAS THE EFFECT OF COMMeNCING PROCEEDINGS AGAINST YOU UNDER THE ABOVE MENTIONED ACT.
AC"ll>C 307 A.99 I
EXHIBIT
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02/21/01 WED 15:11 FAX 717 240 6573
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CliMB Cll PROTHONOTARY
141001
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*** MULTI TN REPORT ***
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TX/RX NO
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2469
ERROR
[ 01]91'2405331
[ 03]91'2438026
[ 04J92490779
CENTRAL PROCESS
LEGAL SERVICES
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OFFICE OF THE PROI'HQ\Ol'ARY
CUMBERLAND 0XJNr'{ CDUR'IllOOSE
..
ONE COVl'I'lllCllSE SQUARE
CARLISLE. P~. 11013-3387
(711) 240-6195
FAX (717) 240-6573
V I ATE LEe 0 PIE R
Leja( $enJfc...e5 -
TO: J flC(
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FRO'1 : CURTIS R. LONG
RE: PI-A OttJ.er
MESSAGE :
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1bis " - - --ry" .is inta"dsd rnly fir tt-e 1.EE; of tiE irJiivid.eJ. IX" entity ill Wrich is is ..J:h.....:.cm. <Td m:rt
CU'l1:a.in infi:JJretim ttat is p:ivilB;J;ti. cmf:idential <nl ~ fron 0 ;.,...1.... ITB U"d;!r 'fPl ;....n]e W. If
tie IBrl;:r' of tiUs II :'J=' is rot lIB inte"'dErl re::ipimt. ~ are ~ rntifiEd ttet ;;nj di=Jninlticr>.
distriJ:.ut:ip' cr o:pfing of this o::/lT1Ulicatlm i.l;; str.ictl.y p:dlibim:L If)O..l h;Me ra:ci"w tius
a:nm..nir,3tiro in =, pl.ERJe rotify LS .im1allat.e1y ty te1e{t\:re aLllet!.n:l1 tie 00girel. " "T b:> \.G at
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SHERIFF'S RETURN - OUT OF COUNTY
,
CASE NO: 2001-01024 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SWEITZER ELAINE
VS
SWEITZER CHARLES RAY II
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says. that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
SWEITZER CHARLES RAY II
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of LEBANON
County, Pennsylvania, to
serve the within PROTECTION FROM ABUSE
On March
5th , 2001 , this office was in receipt of the
attached return from LEBANON
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Lebanon Co
18.00
9.00
10.00
29.95
.00
66.95
03/05/2001
S~
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this (, ~ day of In./U.A .J
J...o.o I A . D .
~Q~~
Prothonotary'
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TEMPORARY PROTECTION FROM ABUSE ORDER
No. 2001-1024
Lebanon, PA, March 1, 2001
ELAINE SWEITZER
(RETURN TO CUMBERLAND CO. SHERIFF)
vs.
DOCKET PAGE 16139
CHARLES RAY SWEITZER, II
STATE OF PENNSYLVANIA }
COUNTY OF LEBANON } SS:
Ferdinand J. Sammer, Deputy Sheriff, being duly sworn according to law,
deposes and says that he served the within TEMPORARY PROTECTION FROM
ABUSE ORDER upon CHARLES RAY SWEITZER, II, the within named DEFENDANT,
by handing a true and attested copy thereof, personally to him, on
February 26, 2001, at 8:34 o'clock A.M., at 16 North Fifth Street,
Lebanon (City), Lebanon County, Pennsylvania, and by making known to
him the contents of the same.
Sworn to and subscribed before me
arch, A.D., 2001
'4" SO AN. 9WE~j'
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DEPUTY. SH:RIF~l J A... ,v.:.~
~ ~ M:z{~
SHE /f/L:S
~ Notary Public
ARIAL SEAL
. CY L. STARNER. Notary Public
lebanon, Leba~o~ County, PI.
My C,mml,,"n bpires Aulust 8, 2002
SHERIFF'S COSTS IN ABOVE
Advanced costs paid on Check No.
Costs incurred: NO COSTS DUE
Refund: Check No.
PROCEEDINGS
Amount
Amount
Amount
29.95
All Sheriff's Costs shall be due and payable when services are
performed, and it shall be lawful for him to demand and receive from
the party instituting the proceedings, or any party liable for the
costs thereof, all unpaid sheriff's fees on the same before he shall be
obligated by law to make return thereof.
Sec. 2, Act of June 20, 1911, P.L. 1072
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In Tbe Court of Common Pleas of Cumberland County, Pennsylvania
.Elaine Sweitzer
VS.
Charles Ray Sweitzer j II
}Jo. 01-1024 Civil
Now 2/21/01
,
, 20 () 0 , I, SHERIFF OF CUMBERLAl'ID COUNTY, PA, do
hereby deputize the Sheriff of
Lebanon
County to execute this Writ, this
deputation being made at the request and risk oft~~ ~t1
Sheriff of Cumberland County, PA
Affidavit (]If Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made Imown to
the contents. thereof.
So answers,
Sheriff of
County, PA
Swom and subscribed before
me this _ day of , 20
COSTS
SERV1CE
lv:lILEAGE
.L\.FFIDA \l1T
$
$
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Elaine Marie Sweitzer
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYL VANIA
Plaintiff
v.
: No. 01-1024
Charles Ray Sweitzer II
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
CONTINUED TEMPORARY ORDER
AND NOW, thi,qfJ"y of"""h, 200 I, P=- to 23 PaC.S. i61 07(0), tho
terms and condi~f:s of the Temporary Order issued on 21st Day of February,
200 I, in the above-captioned case are hereby continued in full force and effect until
further order of the court.
A hearing on this matter is scheduled for the April 3, 2001, at 2:30PM in
Courtroom 3 of the Cumberland County Courthouse, One Courthouse Square,
Carlisle.
Distribution To:
MidPenn Legal Services J- P~{ ~i~
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Charles Sweitzer, 11, Defendant ~ ~
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ELAINE SWEITZER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2001-1024 CIVIL TERM
CHARLES RAY SWEITZER II,
Defendant
: PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The Plaintiff, Elaine Sweitzer, by and through her attorney, Joan Carey of Legal Services,
Inc., moves the Court for an Order continuing generally/rescheduling the hearing in the above-
captioned case on the grounds that:
1. A Temporary Protection From AbuseOrder was issued by this Court on February 21,
2001, scheduling a hearing for March 2,2001, at 1:30 p.m.
2. The Lower Allen Police Department served Defendant with a certified copy of the
Temporary Protection From Abuse Order and Petition for Protection From Abuse at the police
department located at 1993 Hummel Avenue, Camp Hill, Pennsylvania, on February 23, 2001.
3. The parties agree that the hearing be rescheduled to afford them time to execute a
consent agreement.
4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in
effect for a period of eighteen months from the date it was entered or until further Order of Court,
whichever comes first.
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WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this
matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a
period of eighteen months from the date it was entered or until further Order of Court, whichever
comes first.
Respectfully submitted,
.A
Joan Carey, Attorney fo Plaintiff
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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Elaine Marie Sweitzer
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
v.
: No. 01-1024
Charles Ray Sweitzer II
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: Charles R~y Sweitzer II
Defendant's Datfl of Birth is: Sep~ember 11, 1964
Defendant's SOCIal Security Num~er is: 166-62-1612
N ame( s) of All protected persons, including Plaintiff and minor children:
1. Elaine Marie ~ieitz~
AND NOW, thi$~ l '1 tthe cou~ having jurisdiction over the
parties and the s:ubj ct-matter, it is ORDERED, ADJUDGED and
DECREED as follows:
Upon agref1llent of the parties for the entry of a consent order, this order
will be entered 'fithout any ad.!ni~sion ofliability by the defendant and
without a finding of abuse by this court:
Plaintiffs request for a unal protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any
other protected person in any place where they might be found.
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2. Defendant is completely evicted and excluded from the residence at:
2 Pheasant Court
Mechanicsblllrg, P A 17055
or any other residence where Plaintiff or any other person protected
under this Order 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 of Plaintiff or any other person protected
under this Order.
3. Defendant is prohibited from having ANY CONTACT with the
Plaintiff, or any other person protected under this Order, at any
location, including but not limited to any contact at Plaintiffs school,
business, or place of employement. Defendant is specifically ordered to
stay away from the following locations for the duration of this order.
Plaintiffs place of employment at MSA, 2501 North Front Street,
Harrisblllrg, Pennsylvania.
4. Defendant shall not contact the Plaintiff, or any other person protected
under this Order, by telephone or by any other means, including
through third persons.
5. The following additional relief is granted as authorized by S6108 of the
Act:
Defendant is enjoined from damaging or destroying any property
owned jointly by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives or the
minor children.
Defendant shall enroll in the Tressler Choices program, a 26 week
batter's program, within 30 days ofthe entry ofthis Order.
Defendant shall sign a release so that Plaintiff can contact and
discuss information including Defendant's progress and attendence
in the program. Defendant shall successfully complete the program
and follow any recomendations given by his counselor.
The court costs and fees are waived.
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6. A certified copy of this Order shall be provided to the police
department where Plaintiff resides and any other agency specified
hereafter:
Lower Allen Township Police
Harrisburg City Police
7. THIS ORDER SUPERSEDES:
1. ANYPRIORPFAORDER
8. All provisions ofthis order shall expire on: March 19, 2002
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST
ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH
IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL
SENTENCE OF UP TO SIX MONTHS. 23 PA.C.s. g6114.
VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND
CRIMINAL PENALTIES UNDER THE PENNSYL VANIA CRIMES
CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE
DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES
AND THE COMMONWEALTH OF PUERTO RICO UNDER THE
VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. g2265. 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 gg2261-
2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE
ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION
AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE
GUN CONTROL ACT, 18 U.S.C. g922(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 4 of this order may be without warrant, based soley
on probable cause, whether or not the violation is committed in the
presence of the police. 23 Pa.c.S. g6113.
Subsequent to arrest, the police officer shall seize all weapons used or
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threatened: to be used during the violation of the protection order or during
prior incid~nts of abuse. The shall maintain possession of the weapons
until furthl!\r order of this Court.
When the ~efendant is placed under arrest for violation of this order, the
defendant $hall be taken to the appropriate authority or authorities before
whom def~ndant is to be arraigned. A "Complaint for Indirect Criminal
Contempt": shall then be completed and signed by the police officer OR
the plaintiff. Plaintiff's presence and signature are not required to file the
complaint.
If sufficient grounds for violation of this ')rrlera:-e aUeg~, the d~frn-;!a!>t
shall be arraigned, bond se; and both parties given notice of the date of the
hearing.
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If entered pursuant to the consent of plaintiff and defendant:
dan Carey .
Attorney for PI ntif3
Midpenn l.egal Services
8 Irvine Row
Carlisle, PA 17013
1.(1-0 J
RKs
Charles Sw tzer~I
Pro Se Defendan
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04/04/01 WED 10:22 FAX 717 240 6573
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CliMB CO PROTHONOTARY
141001
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[ 01] 9p2405331
[ 03]9p2438026
[ 04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
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OFFICE OF WE PRC1I'HON(YI'ARY
CUMBERLAND CQ.IN'Ii' CXXJR'IHUlSE
.
ONE c!xx.JR'IHCXJSE SQUARE
CARLISLE, PA. r7013-3387
(717) 240-6195
FAX (717) 240-6573
V I ^ TEL E COP I E R
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