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SUSAN L. LEWELLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94- /ftlO CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
v.
CHARLES W. LEWELLEN,
Defendant
TEMPORARY PROTECTIVE ORDER
AND NOW, this
/ I ~ day of April, 1994, upon
presentation and consideration of the within Petition, and upon
finding that the plaintiff, Susan L. Lewellen, now residing at
1021 A W. Trindle Road, Mechanicsburg, Cumberland County,
Pennsylvania, is in immediate and present danger of abuse from
the defendant, Charles W. Lewellen, the following Temporary Order
is entered.
The defendant, Charles W. Lewellen, now residing at 116
North Chestnut, Palmyra, Dauphin County, Pennsylvania, is hereby
enjoined from physically abusing the plaintiff, Susan L.
Lewellen, or placing her in fear of abuse and is ordered to stay
away from the residence located at 1021A W. Trindle Road,
Mechanicsburg, Cumberland County, Pennsylvania, except for the
limited purpose of facilitating custody, a residence which is
jointly leased by the parties. The defendant is hereby notified
that if he resides in the plaintiff's domicile contrary to this
Order, he may be in indirect criminal contempt which is
punishable by a fine not to exceed $1,000.00 and/or by a sentence
of up to six months in jail and any other appropriate punishment.
Resumption of co-residence on the part of the plaintiff and
defendant shall not nUllify the provisions of the court order
directing the defendant to refrain from abusing the plaintiff.
~ .
The defendant shall seek modification of this Order before
resuming residence in the plaintiff's domicile, wherever it may
be.
Temporary custody of Amanda L. Lewellen is hereby awarded to
the plaintiff, Susan L. Lewellen.
The defendant is ordered to refrain from having any contact
with the plaintiff, including but not limited to, entering the
place of employment and harassing or stalking the plaintiff. The
defendant is further ordered to refrain from harassing the
plaintiff's relatives.
This Order shall remain in effect until a final order is
entered in this case. A hearing
the LA- t;A day of L).od:.J' 1-.
,
Courtroom No. /
.
shall be
held on this matter on
at IIJ : /5~.m. in
.
, 1994,
, Cumberland County Courthouse, Carlisle,
Pennsylvania.
The plaintiff may proceed in forma pauperis pending a
further order after the hearing.
The Cumberland County Sheriff's office shall attempt to make
service at the plaintiff'S request, but service may be
accomplished under any applicable rule of Civil Procedure.
The Lower Allen and Pennsylvania State police Department
will be provided with a copy of this Order by attorneys for the
plaintiff. This Order shall be enforced by any law enforcement
agency 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 not be taken to jail
but shall be taken without unnecessary delay before the court
that issued the Order. When that court is unavailable, the
defendant shall be arraigned before a district justice, who shall
set bail according to the provisions of Chapter 4000 of the
Pennsylvania Rules of Criminal Procedure (23 Pa.C.S.A. Section
6113) .
By the Court,
IJcW-H\ ~ ~/
J.
SUSAN L. LEWELLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.94-
CIVIL TERM
CHARLES W. LEWELLEN,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
NOTICE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
promptly after this Petition, Order and Notice are served, by
appearing personally or by attorney at the hearing scheduled by
the Court and 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 against 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. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
v.
NO.94-
CIVIL TERM
SUSAN L. LEWELLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHARLES W. LEWELLEN,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
PETITION FOR PROTECTIVE ORDER
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE ACT
23 P.S. SECTION 6101
A. ABUSE
1. The plaintiff is an adult individual whose permanent
address is 1021A W. Trindle Road, Mechanicsburg, Cumberland
County, Pennsylvania.
2. The defendant is an adult individual currently residing
at 116 North Chestnut Street, Palmyra, Dauphin County,
Pennsylvania.
3. The defendant is the plaintiff's husband.
4. Since approximately May of 1990, the defendant has
attempted to cause and has intentionally, knowingly, or
reckleSSly caused bodily injury, to the plaintiff and by physical
menace has placed the plaintiff in fear of imminent serious
bodily injury. This has included but is not limited to the
following specific instances of abuse:
a. On or about April 5, 1994, the defendant, put both
hands on the plaintiffs shoulders and shoved the plaintiff into
her vehicle.
b. On or about April 4, 1994, the defendant threatened the
plaintiff saying that if she didn't kill herself, he would "do it
for her" causing her to fear for her life.
c. On or about April 3, 1994, the defendant, grabbed and
squeezed the plaintiff's wrists, causing soreness and bruising.
When the plaintiff attempted to call for help, the defendant hit
the phone and knocked it from the wall. The defendant then
grabbed the plaintiff several times about her upper arms, causing
bruising and soreness to the area.
d. In or around February 1994, the defendant, pointed a
loaded pellet gun at the plaintiff. The defendant lowered the
gun, causing the gun to dislodge a pellet which struck the floor
two feet in front of the plaintiff causing her to fear for her
safety.
e. Since approximatelY 1990, the defendant has on several
occasions, pushed, shoved, slapped, and grabbed the plaintiff.
5. The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant
should she remain in the home without defendant's exclusion and
that she is in need of protection from such abuse.
6. The plaintiff desires that the defendant be restrained
from entering her place of employment, having any unnecessary
contact with her, harassing or stalking the plaintiff or
harassing plaintiff's relatives.
B. TEMPORARY CUSTODY
7. The plaintiff seeks temporary custody of the parties'
child:
Name
Present Residence
~
6
Amanda L. Lewellen
1021A W. Trindle Road
Mechanicsburg, PA 17055
The child was not born out of wedlock.
The child is presently in the custody of Susan L. Lewellen
who resides at 1021A W. Trind1e Road, Hechanicsburg,
Pennsylvania.
During the child's lifetime the child has resided with the
fOllowing persons and at the fOllowing addresses:
lWM Addresses Dates
plaintiff 1021A W. Trindle Road April 1, 1994-
Hechanicsburg, PA 17055 present
plaintiff and 1021A W. Trindle Road November 1993-
defendant Hechanicsburg, PA 17055 April 1, 1994
plaintiff and 124 Woodsdrive, Lot 33 December 1992-
defendant Hechanicsburg, PA 17055 November 1993
plaintiff and 6 Earl Street June 1991-
defendant Boiling Springs, PA 17007 December 1992
plaintiff and 1550 Williams Grove Rd January 1990
defendant Hechanicsburg, PA 17055 June 1991
plaintiff and 30 W. Hain St., Apt. 4 December 1987-
defendant Hechanicsburg, PA 17055 January 1990
The mother of the child is Susan L. Lewellen, currently
residing at 1021A W. Trindle Road, Hechanicsburg, Pennsylvania.
She is married.
The father of the child is Charles W. Lewellen, currently
residing at 116 North Chestnut Street, Palmyra, Pennsylvania.
The plaintiff currently resides with the fOllowing persons:
Name
Relationship
Amanda L. Lewellen
daughter
8. The plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in
this or any other Court.
9. The plaintiff has no knowledge of any custody
proceedings concerning this child pending before a court in this
or any other jurisdiction.
10. 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.
11. The best interests and permanent welfare of the child
will be met if custody is temporarily granted to the plaintiff
pending a hearing in this matter for reasons including:
a. The plaintiff is a fit parent who can best take
care of her child.
b. The defendant has shown by his abuse of the
petitioner that he is not an appropriate role model for
the child.
c. The defendant has demonstrated by his abuse of the
child that he is an unfit parent.
C. EXCLUSIVE POSSESSION
12. The home from which the plaintiff is aSking the Court
to exclude the defendant is rented in the names of Charles W. and
Susan L. Lewellen and the defendant has never resided there.
13. The plaintiff currently has no place to stay with her
child except the marital home, and the defendant has family and
friends in the area with whom he can stay. Deborah Bash 116
North Chestnut Street, Palmyra, Pennsylvania.
14. The plaintiff desires possession of the home. So as to
give the greatest degree of continuity to life of the child and
to allow her to continue her education at her school and to
continue her school and social activities.
D. SUPPORT. SECTION
15. The defendant has a duty to support the minor child.
16. The defendant is employed at Drive Kore and has hourly
salary in excess of $5.50/hr.
17. The plaintiff's income is insufficient to provide for
her minimal needs and those of her child until such time as a
support order can be obtained by filing at the Domestic Relations
Office.
18. The plaintiff intends to petition for support within
two weeks of the issuance of a protective order.
E. LOSSES
19. The plaintiff asks for attorney's fees to be paid to
Legal Services, Inc., pursuant to the Protection from Abuse Act.
F. STATUS TO PROCEED IN FORMA PAUPERIS
20. The defendant is employed at Drive Kore and has a
monthly salary in excess of $800.
21. The plaintiff currently is employed at Book of the
Month Club, 1225 S. Market Street, Mechanicsburg, Pennsylvania.
22. The plaintiff does not have funds available to pay the
fees for filing and service.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7,1976, 23 P.S. Section 6101 et seq.,
as amended, the plaintiff prays this Honorable Court to grant the
fOllowing relief:
A. Grant a Temporary Order pursuant to the "Protection from
Abuse Act:"
1. Requiring the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse.
2. Requiring the defendant to refrain from having any
contact with the plaintiff, including, but not limited to,
entering the place of employment and from harassing or
stalking the plaintiff.
3. Requiring the defendant to refrain from harassing
or stalking the plaintiff's relatives.
4. Granting temporary custody of the minor child
to the plaintiff.
5. Granting possession of the home located at 1021A W.
Trindle Road, Mechanicsburg, Pennsylvania to the plaintiff
to the exclusion of the defendant pending a final order in
this matter.
6. Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself.
B. Schedule a hearing in accordance with the
provisions of the "Protection from Abuse Act," and, after such
hearing, enter an order to be in effect for a period of one year:
I. Requiring the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse.
2. Requiring the defendant to refrain from having any
contact with the plaintiff, including, but not limited to,
restraining the defendant from entering the place of
employment of the plaintiff and from harassing or stalking
the plaintiff.
3. Requiring the defendant to refrain from harassing
or stalking the plaintiff's relatives.
4. Granting possession of the home located at 1021A W.
Trindle Road, Hechanicsburg, Pennsylvania to the plaintiff
to the exclusion of the defendant.
5. Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself.
6. Granting support to the plaintiff in the amount of
$43.00 per week payable by mail.
7. Ordering the defendant to pay the plaintiff's
attorney's fees, to Legal Services, Inc., pursuant to the
Protection From Abuse Act.
The plaintiff further asks that this Petition be filed and
served without payment of costs, pending a further order at the
hearing, and that a copy of this Petition and Order be delivered
to the Lower Allen and Pennsylvania State Police Departments as
the Police Departments with 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
1. The allegations of Count I above are incorporated herein
as if fully set forth.
2. The best interests and permanent welfare of the children
Respectfully submitted,
will be served by confirming custody in the plaintiff as set
forth in Paragraph 7 of the Petition.
WHEREFORE, pursu3nt to 23 P.S. Section 5301 et ~., and
other applicable rules and law, the plaintiff prays this
Honorable Court to award custody of the minor child to her.
The plaintiff prays for such other relief as may be just and
proper.
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Attorney for Plaintiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, Pa 17013
(71 7) 243-9400
The above-named Plaintiff, Susan L. Lewellen, verifies that
the statements made in the above Petition are true and correct.
Plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa. e.s. ~4904, relating to
unsworn falsification to authorities.
Date: ~L/
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Susan L. Lewellen, Plaintiff
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SUSAN L. LEWELLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-1900 CIVIL TERM
PROTECTION FROM ABUSE
for herself and on behalf
of her minor child:
AMANDA L. LEWELLEN
v.
AND CUSTODY
CHARLES W. LEWELLEN,
Defendant
.
.
.
.
.
.
AND NOW, this
ORDER FOR CONTINUANCE
/~~day of April, 1994, upon consideration
of the attached Motion for Continuance, the matter scheduled for
hearing on April 18, 1994, at 10:15 a.m. in Courtroom No.1 of
the Cumberland County Courthouse, Carlisle, Pennsylvania has been
continued until the / / '"117 day of IJ1ri Y, 1994, at 1:.3 0 f7. m.
The temporary Protective Order will remain in effect for a
period of one year or until a final Order is entered in this
case.
A copy of this Order for Continuance will be provided to the
Lower Allen and Pennsylvania State Police departments by the
plaintiff's attorney.
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The plaintiff moves this Court for an Order continuing the
hearing of this case until further Order of court, on the grounds
that:
1. A Temporary Protective Order was issued by this Court on
the 14th day of April, 1994, scheduling a hearing for the 18th
day of April, 1994, at 10:15 a.m.
2. A copy of the Order was given to the Cumberland County
Sheriff to serve upon the defendant. The sheriff's department
attempted to make service at the defendant's place of employment,
but were not able to serve him.
3. The sheriff's department will need to deputize Dauphin
County to attempt to make service upon the defendant at his home.
4. A copy of the Order for continuance will be delivered to
the Lower Allen and Pennsylvania State Police departments, by
attorneys for the plaintiff.
., ...
.
WHEREFORE, the plaintiff moves this Court to grant the
plaintiff's Motion, and to continue this matter until further
Order of Court.
oan carey
Attorney for Pl
LEGAL SERVICES,
8 Irvine Row
Carlisle PA 17013
(717) 243-9400
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SHERIFF'S RETURN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
In the Court of Common Pleas of
Cumberland County, Pennsylvnaia
No. 94-1900 Civil
Temporary Protective Order
Protection from Abuse and Custody
Susan L. Lewellen
VS
Charles W. Lewellen
R. THOMAS KLINE, Sheriff, who being duly sworn according to law,
says, that he made diligent search and inquiry for the within named
defendant, to wit:
Charles W. Lewellen
but was unable to locate
him
in his bailiwick. He therefore
deputized the sheriff of
Lebanon
County, Pennsylvania,
to serve the within
Temporary Protective Order Protection
from abuse and Custody
On
April 26, 1994
, this office was in receipt of
the attached return from Lebanon
County, Pennsylvania.
Sheriff's Costs:
Docketing
Out of County
Surcharge
Lebanon Co.
Mileage
Sworn and subscribed
So answers:
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t. THOMAS KLINE,
14.00
5.00
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20.80
5.60 45.40
to before me
Sheriff
thisj ,-A-
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Prothonotary
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TEMPORARY PROTECTIVE ORDER, PROTECTION FROM ABUSE,
& CUSTODY ORDER FOR CONTINUANCE
No. 94-1900 Civil Term
Lebanon, PA, April 25, 1994
SUSAN L. LEWELLEN, et al
RETURN TO CUMBERLAND COUNTY SHERIFF
vs.
CHARLES W. LEWELLEN
00006889
STATE OF PENNSYLVANIA }
COUNTY OF LEBANON } SS:
Adrian Rodriguez, Jr., Deputy Sheriff, being duly sworn according to
law, deposes and says that he served the within TEMPORARY PROTECTIVE
ORDER, PROTECTION FROM ABUSE & CUSTODY ORDER FOR CONTINUANCE upon
CHARLES W. LEWELLEN, the within named DEFENDANT, by handing a true and
attested copy thereof, to him, personally, on April 22, 1994, at 8:10
o'clock A.M., at 116 North Chestnut Street, Palmyra (Borough), Lebanon
County, Pennsylvania, and by making known to him the contents of the
same.
Sworn to and subscribed before me
~~)-A
DEh~.sHERY'F .;/ fJ ~
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Cl-IERWt"
this 25th
of April, A.D., 1994
. N~tary Public
N ARIAL SEAL
\~~Cy L. STAI'l'lER. Noh_fro.blle
l.l.~.~, L.ld~r1 Crunly. Pa.
\11 tt'll'll'Sl'I1 r lOlrts: AULust 8. 1994
SHERIFF'S COSTS IN ABOVE PROCEEDINGS
Advanced costs paid on Check No. Amount
Costs incurred: -IN FORMA PAUPERIS-NO COSTS DUE- Amount 20.80
Refund: Check No. Amount
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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Charles W. Lewellen.
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SUSAN L. LEWELLEN,
Plaintiff
for herse I f and on hehal f of her
minor child: AMANDA L. LEWELLEN,
IN 11IE COURT OF cor.MlN PLEAS OF
CUMBERLAND COutlI'Y, PENNSYLVANIA
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v.
NO. 94-1900 CIVIL TERM
CHARLES W. LEWELLEN.
Defendant PROTECTION FRa.t ABUSE AND CUSTODY
ORDER FOR CONTINUN<<:B
AND NOW. this LJ..!!'daY of May, 1994. upon consideration of the attached
,
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Motion for Continuance, the matter previously continued to Wednesday, May II,
1994, at 1:30 p.m. by this Court's Order of April IS, 1994, is hereby rescheduled
for hearing on~. 1994. at ~ .'30 ~m. in Courtroom No. L.
The Temporary Protection Order will remain in effect for a period of one
year or until a final Order is entered in this case.
A copy of this Order for Continuance will be provided to the Lower Allen
Township and Pennsylvania State Police Departments by the plaintiff's attorney.
By the Court,
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SUSAN L. LEWELLEN,
Plaint iff
for herself and on behalf of her
minor child: AMANDA L. LEWELLEN,
IN TIm COURT OF cor.M>N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94-1900 CIVIL TERM
0fARLES W. LEWELLEN,
Defendant
PROTECTION FROM ABUSE AND CUSTODY
K1I'I~ fOR cotlI'INUANCE
The plaintiff 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 14,
1994, scheduling a hearing for April 18, 1994, at 10:15 a.m.
2. The CUmberland County Sheriff's Department attempted to make service
on the defendant at his place of employment, but were unsuccessful. The
CUmberland County Sheriff's Department deputized the Lebanon County Sheriff's
Department, who served the defendant with a certified copy of the Te.porary
Protection Order and Petition for Protection From Abuse on April 22, 1994, at
approximately 8:10 p.m. at his residence at 116 North Chestnut Street, Palmyra,
Lebanon County, Pennsylvania.
3. The defendant indicated to Legal Services, Inc. on May 10, 1994, that
he desired legal representation in this matter and the plaintiff agreed that the
hearing scheduled for Wednesday, May 11, 1994, be continued to afford the
defendant additional time to retain counsel.
4. The plaintiff requests that a hearing be scheduled in this matter.
S. The plaintiff requests that the Temporary Protection Order remain in
effect pending further order of court.
6. A copy of the Order for Continuance will be delivered to the Lower
Allen Township and Pennsylvania State Police Departments by the attorney for the
.
.
.
..
plaint iff.
WfIEREFORE, the plaintiff requests that the COurt grant the Motion to
reschedule this matter for hearing and that the Tellporary Protection Order reMin
in effect for a period of one year or until a final Order is entered in this
case.
Respectfully sub.itted,
lJIW. SllRVICBS, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
SUSAN L. LEWELLEN,
Plaintiff
for herself and on behalf of her
minor child: AMANDA L. LEWELLEN,
IN 1llE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94-1900 CIVIL TERM
CHARLES W. LEWELLEN,
Defendant
PROTECTION FROM ABUSE AND CUSTODY
AND NOW,
1 r If PROTECTION ORDER
this ~ day of June, 1994, upon consideration of the Consent
Agreement of the parties, the following Order is entered:
1. The defendant, Charles W. Lewellen, is enjoined from physically
abusing the plaintiff Susan L. Lewellen, or from placing her in fear of abuse.
2. The defendant is enjoined from having any direct or indirect contact
with the plaint iff including, but not limited to, telephone and written
communications, except for the limited purpose of facilitating partial custody
arrangements.
3. The defendant is ordered to refrain from harassing and stalking the
plaintiff and from harassing the plaintiff's family.
4. The defendant is prohibited from entering the plaintiff's place of
employment.
S. The defendant is excluded from the plaintiff's residence located at
1021A West Trindle Road, Mechanicsburg, CUmberland County, Pennsylvania.
6. The defendant is ordered to stay away from any residence the
plaintiff may in the future establish for herself.
7. The defendant is ordered to pay interim support to the plaintiff and
the minor child in the amount of $43.00 per week payable to the plaintiff in the
form of a check or money order by mail pending the entry of an order by the
CUmberland County Domestic Relations Office.
.
8. This Order shall remain In effect for a period of one year.
9. The Pennsylvania State Police and the Lower Allen Township Police
Department shall be provided with cert i fied copies of this Order by the
plaintiff's attorney and may enforce this Order by arrest for Indirect criminal
contempt without warrant upon probable cause that this Order has been violated,
whether or not the violation is 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 defendant shall be taken before the appropriate
district justice. (23 P.S. 6 6113).
By the Court,
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Harold E. Sheely, President Judge
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SUSAN L. LEWELLEN,
Plaintiff
for herself and on behalf of her
minor child: AMANDA L. LEWELLEN,
IN 1liE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94-1900 CIVIL TERM
CHARLES W. LEWELLEN,
Defendant
PROTECTION FROM ABUSE AND CUSTODY
If- CUSTODY ORDER
AND NOW, this~ day of June, 1994, upon consideration of the parties'
Consent Agreement, the following Order is entered with regard to custody of the
parties' child, Amanda L. Lewellen.
1. The plaintiff, hereinafter referred to as the mother, shall have
primary physical custody of the child.
2. The parties shall share legal custody of the child.
3. The defendant, hereinafter referred to as the father, shall have
partial custody of the child every other weekend from Friday at 4:00 p.m until
Sunday at 6:00 p.m. During the school year the father shall have the child each
Wednesday after school until the following morning when he takes her to her bus
stop. During the summer vacation months of June, July and August, the father
shall have the child each Wednesday from 4:00 p.m. until Thursday at 3:00 p.m.
4. This Order shall remain in effect until either party petitions to
have it changed.
5. The mother and father shall not ify each other of all medical care the
child receives while in that parent's care. Each parent shall notify the other
Immediately of medical emergencies which arise whl Ie the chi ld Is in that
parent's care.
6. Nei ther party shall do anything which may estrange the chi Id from the
other parent, or injure the opinion of the child as to the other parent or which
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may hamper the free and natural development of the child's love or respect for
the other parent.
By the COurt,
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SUSAN L. LEWELLEN,
Plaintiff
for herself and on behalf of her
minor child: AMANDA L. LEWELLEN,
IN mE COURT OF cot.M>N PLEAS OF
cu.lBERLAND COUNTY, PI!NNSYLVANIA
v.
NO. 94-1900 CIVIL TERM
aIARLES W. LEWELLEN,
Defendant
PROTECI'ION FROM ABUSE AND CUSTODY
CONSENI' AnIIP.JlYlNI'
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This Agreellent is entered on this
day of May, 1994, by the
plaintiff, Susan L. Lewellen, and the defendant, Charles W. Lewellen. The
plaintiff is represented by Joan Carey of UXlAL SERVICES, INC.; the defendant is
unrepresented but is aware of his right to have an attorney. The parties agree
that the following ID6Y be entered as an Order of Court.
1. The defendant, Charles W. Lewellen, agrees to refrain fro. abusing
the plaintiff, Susan L. Lewellen, or placing her in fear of abuse.
2. The defendant agrees not to have any direct or indirect contact with
the plaintiff including, but not limited to, telephone and written
communications, except for the limited purpose of facilitating partial custody
arrangeJDents.
3. The defendant agrees not to enter the plaintiff's place of
emploYlllent.
4. The defendant agrees not to harass or stalk the plaintiff or harass
the plaintiff's family.
S. The defendant agrees to stay away frOlD the plaintiff's residence
located at 1021A West Trindle Road, Mechanicsburg, CUmberland County,
PeMsylvania.
6. The defendant agrees to stay away from any residence the plaintiff
ID6Y in the future establish for herself.
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a. The mother shall have primary physical custody of the child,
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7. The defendant agrees to pay Interim support to the plaintiff for the
minor child in the lUIlOunt of $43.00 per week payable to the plaintiff in the form
of a check or money order by mail pending the entry of an order by the CWaberland
County Domestic Relations Office.
8. The defendant, although entering into this Agreement, does not admit
the allegations made in the Petition.
9. The defendant understands that the Protection Order entered in this
matter shall be in effect for a period of one year.
10. The defendant understands that this Order shall be enforceable in the
same lIllIUler as the Court' s prior Temporary Protect ion Order entered in this case.
11. The defendant and the plaintiff agree to the entry of an Order
providing for the following custody schedule for their chi ld, Amanda L. Lewellen.
Amanda L. Lewellen. The parties shall share legal custody.
b. The father shall have partial custody of the child according
to the following schedule: The father shall have partial custody of
the child every other weekend from Friday at 4:00 p.m until Sunday
at 6:00 p.m. During the school year the father shall have the child
each Wednesday after school unt i 1 the following morning when he
takes her to her bus stop. During the summer vacation months of
June, July and August, the father shall have the child each
Wednesday from 4:00 p.m. until Thursday at 3:00 p.m.
c. The mother and father agree that each shall notify the other
of all medical care the child receives while in that parent's care.
Each parent shall notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
d. The parties realize that their child's well being is para.ount
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to any differences they might have between themselves. Therefore,
they agree that neither party shall do anything which may estrange
the child from the other parent, or injure the opinion of the child
as to the other parent or which may hamper the free and natural
develo~nt of the child's love or respect for the other parent.
WHEREFORE, the part ies request that Protect ion and CUstody Orders be
entered to reflect the above terms.
b. W"..n ;t. ~ A Qt t-"\
Susan L. Lewellen, Plaintiff -
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Charles W. Lewelle , Defendant
LmAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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