HomeMy WebLinkAbout96-04680
JAIME MICHELLE ROHRBAUGH,
Plaintill'
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYL VANIA
v
SIlANE EDWARD ROIIRBAUGII,
Defendant
NO. 96- '-It.-rl'
CIVIL TERM
PROTECTION FROM ABUSE
TEMPORARY PROTECTION ORDf:n
AND NOW, this ;14.1 of August, 1996, upon presentation and consideration of the
within Petition, and upon finding that the plaintiff, Jaime Michelle Rohrbaugh, now residing at
212 South York Street, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and
present danger of abuse from the defendant, Shane Edward Rohrbaugh, the following Temporary
Order is entered,
The defendant, Shane Edward Rohrbaugh (SSN: 205-54-7950)(DOB: 5117/75), is an
adult individual residing at 212 South York Street, Mechanicsburg, is hereby enjoined from
physically abusing the plaintifl; Jaime Michelle Rohrbaugh, or fi'om placing her in fear of abuse,
The defendant is enjoined from harassing and stalking the plaintiff and from harassing her
relatives.
The defendant is enjoined from removing, damaging, destroying or selling any property
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 under 23 Pa.C.S. ~6l13.l; iii) a charge of indirect
criminal contempt under 23 Pa.C.S. ~6ll4, puuishable by imprisonment up to six months
and a line of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6ll4.1.
This Order shall remain in effect until modified or terminated by the Court and can be
extended beyond its original expiration date if the Court finds that the defendant has committed an
act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintin:
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A HEARING SHALL BE IIELD ON THIS MATTER ON THE .J.l..l.. DAY OF
AUGUST. 1996. AT -), '\r') j) .M.. IN COURTROOM NO.~, CUMBERLAND
COUNTY COURTHOUSE, CARLISLE. PENNSYLVANIA.
The plaintilT may proceed without pre-payment of fees pending a further order after the
hearing,
The Cumberland County Sheriff's Department shall attempt to make service at the
plaintiffs 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 the defendant by mail.
The Mechanicsburg Police Department shall be provided with a certified copy of this
Order by the plaintiff's attorney, 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 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.
~6113), / J
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By the Court; .
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(23 Pa,C.S,
Judge
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
JAIME MICHELLE ROHRBAUGH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO 96-
CIVIL TERM
SHANE EDW ARD ROHRBAUGII,
Defendant
PROTECTION FROM ABUSE
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,
FEES AND COSTS
If the case goes to hearing and the judge grants a Protection Order, a surcharge 01'$25.00
will be assessed against you, You may also be required to pay attorney fees to Legal Services,
Inc, for their representation of the plaintiff,
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 Ollt where you call
get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumbcrland 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 disablcd individuals having busincss bcfore the court,
pleasc contact our office. All arrangements must be madc at least 72 hours prior to any hearing
or busincss bcfore the court.
JAIME MICHELLE ROHRBAUGH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 96- '11..; I.'
CIVIL TERM
SHANE EDWARD ROHRBAUGH,
Defendant
PROTECTION FROM ABUSE
PETITION FOR PROTECT/ON ORDER
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 Pa.C.S. ~6101 et seq.
A, ABUSE
I. The plaintiff, Jaime Michelle Rohrbaugh, is an adult individual residing at 212
South York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055,
2. The defendant, Shane Edward Rohrbaugh (SSN: 205-54-7950)(DOB: 5/17/75), is
an adult individual residing at 212 South York Street, Mechanicsburg, Cumberland County,
Pennsylvania, 17055,
3, The defendant is the husband of the plaintiff and the father of the parties' daughter.
4. Since approximately spring, 1996, the defendant has attempted to cause and has
intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff
in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of
conduct or repeatedly committed acts toward the plaintiff under circumstance which have placed
the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the
following specific instances of abuse:
a) On or about August 9, 1996, the defendant threw the remote control to the
television at the plaintiff hitting the wall with it, grabbed the plaintiff by her neck
with both his hands, screamed at her and shook her. When the plaintiff tried to get
away from the defendant, he grabbed her by the shoulders, spun her around, and
pushed her into a wall. Firefighters at the firestation across the street from the
plaintitl's home heard hcr scrcam tor hclp and tclcphoned the police, The
Mechanicsburg Police respondcd
b) On or about July 25, 1996, the defcndant grabbed the plaimitl'from behind,
held her in a headlock, mashed his list against her face, and threatened to throw
her through a window,
c) In or about early July, 1996, the dcfendant grabbed the plaintiff by her arms
and pushed her causing hcr to fall to thc ground. The defendant followed the
plaintiff as she walked down the strcct to get away from him, grabbed hcr arm
repcatcdly each timc she pulled away from him, and dcmandcd that she return to
the house with him, Thc plaintiff'refuscd to and wcnt to her mother's homc until
the defendant went back to the house.
d) On or about June 8, 1996, the defendant grabbed thc plaintiff by her arms,
and shoved hcr down onto the bed several timcs, The plaintiff tried to Icave thc
room to attend to the parties' crying baby, but the dcfendant blockcd the door with
his body and refuscd to lct her leave.
e) In or about the spring of 1996, the defendant grabbed thc plaintiff by her
arms, lifted her up off ofthc floor, and slammed her against the closct door.
5. Thc plaintiff believes and thercforc avers that she is in immediate and present
danger of abuse from the defendant and that shc is in nccd of protection from such abusc.
6. The plaintiff desires that the defendant bc enjoined from harassing and stalking the
plaintiff, and from harassing her relativcs.
7. Thc plaintiff desircs that the defcndant be enjoined from removing, damaging,
destroying or selling any property owned jointly by the partics or owncd by the plaintitl~
B. REIMBURSEMENT FOR COST OF CASE
8. The plaintiff asks that thc dcfendant bc ordered to pay $250.00 to Cumberland
County, one of Legal Services, Inc's funding sourccs as rcimbursemcnt for the cost of litigating
this case, and that the defendant be assesscd the $25,00 surcharge and any court costs if the case
goes to hearing,
WHEREFORE, pursuant to thc provisions of thc "Protection from Abusc Act" of October
7, 1976,23 P,S, ~6101 ~ ~., as amcnded, the plaintifT prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the "Protection from Abuse Act"
I. Ordering thc defendant to refrain from abusing thc plaintiff or from
placing her in fear of abuse;
2. Ordering the dcfendant to rcfrain from harassing and stalking the
plaintiff and from harassing hcr rclatives, and
3, Prohibiting the dcfendant from damaging, destroying or selling
property jointly owned by the parties or owned by the plaintiff.
B, Schcdule a hearing in accordance with the provisions of the "Protection from
Abuse Act," and, after such hearing, enter an ordcr to be in effect for a period of one year:
I. Ordering the defendant to refrain from abusing thc plaintiff or from
placing her in fear of abusc.
2. Ordcring thc defcndant to refrain from harassing and stalking the
plaintiff and from harassing hcr relatives.
3, Prohibiting the defendant from removing, damaging, destroying or
selling propcrty jointly owned by the parties or owned by the plaintiff.
4. Ordering thc defendant to pay $250.00 to Cumbcrland County, onc
of Legal Services, Inc.'s funding sources as rcimbursement for the cost of
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The above-named plaintiff, Jaime Michelle Rohrbaugh, understand that the statements
made in the above Petition are true and correct. The plaintiff understands that false statements
herein are made subject to the penalties of 18 Pa.C.S, ~4904 relating to unsworn falsification to
authorities.
Date:
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SHERIfF'S RE1URN
riCGULAli
eM.,.: NU: 1. '),)>'-04b80 P
eUMMUIIW.:AI.TII Uf 1'1':11 NSYL v All I A:
eOUllry Uf eUMU~"LAIID
RUIIRHAUGH )AIM.:
VS,
ROIIRBAUI3H SIIAN.; I::DWARD
KRIST IN D. M.;RTZ
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Sherlif or Deputy Sheriff of
CUMBEr~LAND County. Pennsylvan~a, who being duly s.....orrl accord~ng
to law, says. the within PROT~CTION fROM ABUS~
upon RlJIJRBAUI,H SHAIII:: EDWARD
defendant, at 1813:00 HOURS. on the 21st day of Auqust
was served
the
1':3':35 at.
212 SOUTH YORK STRI::~T
M.;CHAII ICSIJURG, PA 1"10.55
, 1_~UI1BERLAlj['
County, Pennsylvan~a. by handing to SILAIII'; CIJWAf\D ROHRDAUGII
a true and attested copy of the I'HUn:CT lUll FRUM ABUS.;
and at the same tlme directi.ng Hi~ attention to the contents thereof.
Sheriff's Costs:
DOI:ket tno
Service -
Affidavit
Surcharge
~:iQ ans.....ers:
18,00
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,00
2,00
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;:.;r yZ'~x'"'Z:~~,~ /~~
~nomas 1\1~nE', s:Fler~f.1
~'~b. 40
Q)0/00/0000
by
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Dept1t y S'flerldi--'
Sworn and subscrl.bed to before m~
this ---:d.2 ~ day of O<fIA--J-
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1\ 0 II-. " ^~Jfi.'
--~-7-'--J:l'"rOt1-;;1r-.'it"FY'. -"!----
I
Pa.C.S. ~6114, punishable by imprisonment up to six months and a fine of$ 100.00-$1 ,000.00; and iv)
civil contempt under 23 Pa.C.S, ~6114.1.
7. The Mechanicsburg Police Department shall be provided with a certified copy 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 Pa,C.S,
~61 13).
By the Court, / /
,
Joan Carey
LEGAL SERVICES. INC.
Attomey for Plaintiff
Shane Edward Rohrbaugh
Defendant
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JAIME MICHELLE ROHRBAUGH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 96-4680 CIVIL TERM
SHANE EDWARD ROHRBAUGH,
Defendant
PROTECTION FROM ABUSE
CONSENT AGREEMENT
1t-~
This Agreement is entered on this d7 day of August, 1996, by the plaintiff, Jaime
Michelle Rohrbaugh, and the defendant, Shane Edward Rohrbaugh. The plaintiff is represented
by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of
his/her right to have an attorney. The parties agree that the following may be entered as an Order
of Court,
I, The defendant, Shane Edward Rohrbaugh, agrees to refrain from abusing the
plaintiff, Jamie Michelle Rohrbaugh, or from placing herin fear of abuse.
2, The defendant agrees not to harass and stalk the plaintiff and not to harass the
plaintiff's relatives.
3. The defendant agrees not to remove, damage, destroy, or sell any property owned
by the plaintiff or jointly owned by the parties,
4, The defendant, although entering into this Agreement, does not admit the
allegations made in the Petition.
5. The defendant understands that the Protection Order entered in this matter will be
in effect for a period of one (I) year and can be extended beyond that time if the Court finds that
the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates
risk of harm to the plaintiff, The defendant understands that this Order will be enforceable in the
same manner as the Court's prior Temporary Protection Order entered in this case.
..,
6, Violation of the Protection Order may subject the defendant to: i) arrest under 23
Pa.C.S, 96113; ii) a private criminal complaint under 23 Pa,C.S. 96113,1; iji) a charge of indirect
criminal contempt under 23 Pa.C.S. 96114, punishable by imprisonment up to six months and a
fine of$ 100.00-$ I ,000.00; and iv) civil contempt under 23 Pa.C.S. 96114,1.
terms.
WHEREFORE, the parties request that a Protection Order be entered to reflect the above
LEGAL SERVICES. INC.
8 Irvine Row
Carlisle, PA ]7013
(7 I 7) 243-9400
r
6. Violation of the Protcction Ordcr may subject thc dcfendant to: i) arrcst under 23
Pa.C.S, !i6113; ii) a privatc criminal complaint under 23 Pa,C.S. !i6113.1; iii) a charge of indirect
criminal contcmpt under 23 Pa.C.S. !i6114, punishable by imprisonmcnt up to six months and a
fine of$IOO.OO-$I,OOO.OO; and iv) civil contcmpt under 23 PaTS !i6114.1.
WHEREFORE, thc partics rcqucst that a Protection Order bc cntered to reflcct the abovc
tcrms.
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Shanc Edward Rohrbaugh, Defcnd nt'
LEGAL SERVICES. INC.
8 Irvinc Row
Carli sIc. P A 17013
(717) 243-9400
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TEMPORARY PROTECTION FROM ABUSE ORDER
TilE COURT OF COMMON PLEAS OF
JAIME MICHELLE ROHRBAUGH,
Plaintiff
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
. NO. 96-4680 CIVIL TERM
SHANE EDWARD ROHRBAUGII,
Defendant
. PROTECTION FROM ABUSE AND CUSTODY
Defendant's Name. Shane Edward R9hr~~gh.
Defendant's Date of Birth. 05/17/75.
Defendant's Social Security Number. 205-54-7950.
Names of all Protected Persons, ineluding Plaintiff and minor child/ren Jaime Michelle
Rohrbaugh,
0:-
AND NOW, this /(; day of ',ilc.\.~
attached Petition for Protection fronl A se,
Temporary Order:
, 1998, upon consideration of the
the court hereby enters the following
[g) I, Defendant shall not abuse, harass, stalk or threaten any of the above
persons in any place where they might be found,
o 2, Defendant is evicted and excluded from the residence at nOJ..AJmlicable, or
any other permanent or temporary residence where Plaintiff may live, Plaintiff is granted
exclusive possession of the residence. Defcndant shall have no right or privilege to enter or be
present on the premises.
[g) 3, Except for such contact with the minor child as may be permitled under
Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at
any location, including, but not limited, to any contact at Plaintill'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 residencc locatcd at 212 South York Strcet. Mechanic_sbu.rg.
Cumberland County. Pennsvlvania,
00.1 hccpl lin such contact ....ith thc minor child as may be permitted under
Pal agl aph ., "I' I hi' 01 dCI. Ilcfcndant shall not contact Plaintil1" by telephone or by any other
mc,"". Inrhllllllg ttllough third pcrsons
lB> S PClllllllg Ihc oulcomc oflhc tinal hearing in this mattcr Plaintilris awarded
Icmpo'alv rllslodv oflhe Ii,lIo\\ing minor child Natjl"hll...u!!.mkl.Y!L~ohrbau\\h,
a) lIntil Ihe linal hcaring, all contact bct....ccn Defendant and the child shall be
lunitcd to thc Iilllowing. th!'..9_el~mfaI)Lmay-havc peri9ds of partial custodv with
thc child at his grandparcnts'hJlmc,_wJlctl':_h",x.\'sides at times mutuallv agreed upon
hy thc partics pcndingil.llDll!S_u"sJQQx.QrdcLinJhe matter. The defendant shall limit
his contact wilh tlleHPLai.!l!iJI~LJJlL~lLc pUIDose of facilitating custody
arrangemcnts Thc dcl~ndanuW~l!!LQc_r(:sl?Qnsible for transportation of the child
during lransfer ofcustQdY....im<!.hsJ;l_liIl1.rcmain.lD his vehicle at the curb at all times
during transfcr
h) Thc local law cnt(,rccmcnt agcncy in the jurisdiction where the child is
locatcd shall cnsurc thatthc child is placcd in the care and control ofthe Plaintilrin
accordance with thc tcrms of this Ordcr
o () Ilelendant shall immediately relinquish the following weapons to the
Shcril]'s Ollice or a dcsignatcd local law cnforccment agency for the delivery to the
Shcrill's Ollicc _ ___ Defcndant is prohibited from possessing,
transterring or acquiring any other wcapons for the duration of this Order.
007
The Iilllowing additional relief is grantcd:
lID The Cumberland County Shcril1's Department shall attempt to make
servicc at plaintitrs rcqucst and without pre-paymcnt of fecs, but servicc may be
accomplished under any applicablc Rule of Civil Procedure.
lID This Order shall be docketed in thc office of the Prothonotary and
limvarded to the Shcritl' for service. Thc Prothonotary shall not send a copy of
Ihis Order to Dclcndant by mail
lID This Ordcr shall remain in elrect until modified or terminated by the Court
and can be extcnded beyond its original expiration date if the Court finds that
Delcndant has committed another act of abuse or has engaged in a pattern or
practice that indicates continued risk of harm to Plaintiff and/or child/ren.
lR> Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
lR> Defendant is to refrain from harassing Plaintiff's relatives and/or minor
child/ren,
lB) 8, A certified copy of this Order shall be provided to the police department
where Plaintiff resides and any other agency specified hereafter: Mechanicsb.LJIg, Po)jyj;
DeDartment.
lB) 9,
THIS ORDER SUPERSEDES
lR> ANY PRIOR PFA ORDER and
o ANY PRIOR ORDER RELATING TO CHILD CUSTODY
lB) 10, THIS ORDER APPLIES IMMED/ATEL Y TO DEFENDANT AND
SHALL REMAIN IN EFFECT UNTIL MOD/FlED OR TERMINATED BY THIS
COURT AFTER NOTICE AND HEARING.
NOTICE TO 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 in jail.
23 Pa,C.S, 96114. Consent of the Plaintiff to Defendant's return to the residence shall not
invalidate this Order, which can only be changed or modified through the filing of appropriate
court papers for that purpose. 23 Pa,C.S. *6113. Defendant 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 U,S,c. *S 2261-
2262, Any protection order granted by a court may be considered in any subsequent proceedings,
including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiffs
residence OR any locations where a violation of this ordcr occurs OR where the defendant may be
located, If defendant violates Paragraphs] through 6 of this Order, defendant may be arrested on
the charge of Indirect Criminal Contcmpt. An arrest for violation of this Order may be made
without warrant, based solely on probable cause, whether or not thc violation is committed in the
presence of law enforcemcnt.
Judge
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.
Wellpons must forthwith be delivered to the Sheriffs office of the county which issued this Order,
which ollicc shall maintain possession of the weapons until further Order of this Court, unless the
weapon/s arc evidencc of a crime, in which case, they shall remain with the law enforcement
agency whosc ollicer made the a'TCSt.
BY THE coo{r/
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Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
~-V\.-'\{)l\O.\:L, h:YYJiC\ \0 L.S.
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JAIME MICIIELLE ROHRBAUGH,
Plaintill'
. TilE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
vs.
. NO 96-46RO CIVIL TERM
SilANE EDWARD ROIIRIlAUGII,
Dclendant
'. PROTECTION FROM ABUSE AND CUSTODY
NOTICE OF HEARING AND ORDER
YOU \lAVE BEEN SUED IN COURT. If you wish to delend against the claims set
forth in the following papers, you must appear at the hcaring schedulcd herein. If you fail to do
so, the case may proceed against you and a FINAL Order may bc entered against you granting the
relief requested in thc Petition. In particular, YOll may be evicted Irom your residcnce and lose
other important rights.
A HEARING ON THE MATTER IS SCHEDULED FOR THEJ~DA Y
OF'\(~ , 1998, AT 'i,.' I S I) .M., IN COURTROOM NO.2 OF
THE iJ CUMBERLAND COUNTY COURTHOUSE, 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 of indirect criminal contempt which is punishable by a fine of
up to $1,000.00 and/or up to six months in jail under 23 Pa,eS, ~6114, Violation may also
subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under
federal law, 18 u.s.e ~226S, this Order is enforceable anywhcre 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 bc subject to federal criminal proceedings under the
Violence Against Women Act, 18 use ~ 2261-2262,
You should take this paper to your lawyer at once. You have the right to have a
lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you.
If you do not have a lawyer or cannot afford one, go to or telephone the office set forth
below to find out where you can get legal help. If you cannot find a lawyer, you may have
to proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY A VENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER. (717)24<)-3166
JAIME MICHELLE ROIIRBAUGII,
Plaintifr
. THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 96-4680 CIVIl. TERM
SilANE EDWARD ROIIRBAUGll,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR PROTECTION FROM ABUSE
COllNTI
I. The Plaintiff is Jaime Michelle Rohrbaugh,
2. The name(s) of ALL person(s), including Plaintiff and minor children, who seek
protection from abuse are: Jaime Michelle Rohrbaugh.
3. Plaintit1's address is: 212 South York Street, Mechanic~g_urg. Cumberland Countv,
Pennsvlvania 17055,
4, Defendant is believed to live at the following address: 1223 Mitchell Drive.
Mechanicsburg, Cumberland County. Pennsylvania 17055,
Defendant's Social Security Number (if known) is 205-54-7950.
Defendant's date of birth is 05/17/75.
Defendant's place of cmployment is Overnight Transport Company, 6060 Carlisle Pike,
Mechanicsburg, P A,
5, Defendant is Plaintiff's fLusband,
6, Plaintiff and Defendant have been involved in the following court actions for divorce,
custody, support, or protection trom abuse:
Case name
Protection From Abuse
Case No.
96-4680
Date filed
August 21,1996
Court
Cumberland
g) Defendant, the father of the child, is Shane Edward Rohrbaugh, currently
residing at 1223 Mitchell Road, Mechanicsburg, Cumbcrland County, Pcnnsylvania
h) He is married.
i) Dcfcndant currently resides with thc following persons.
Name
Jackie and Wayne Rohrbaugh
Relationship
his grandparents
j) Plaintiff has not previously participated in any litigation conceming custody of
the above mentioned child in this or any other Court.
k) Plaintiff has no knowledge of any custody proceedings concerning this child
pending before a court in this or any other jurisdiction.
I) Plaintiff does not know any person not a party to this action who has physical
custody of the child or claims to havc custody or visitation rights with respect to the
child,
m) The best interests and permanent welfare of the minor child will be met if
custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons
including:
1) Plaintiff is a responsible parent who has provided for the
emotional and physical needs of the child since her birth, and
who can best take care of the minor child,
2) Defendant has shown by his abuse of Plaintiff that he is not an
appropriate rolc model for the minor child.
3) Defcndant's behavior has adversely affectcd the child,
9, The facts of the most rcccnt incidcnt of abusc are as follows:
Approximate Date: .Julv 3.1998 Approximate Time: 2:30 a.m.
Place: at the plaintiff's residence. 212 South York Street. Mechanicsburl!. PA.
On or about July 3, 1998, the defcndant telephoncd thc plaintiff at her rcsidcncc in the
early hours of thc morning, demand cd to know where she had bcen, madc false
accusations, call cd hcr namcs, thrcatened to brcak into her residcnce or have others
do so, thrcatencd to make her life miscrable, and told her that he couldn't live without
hcr.
10 Defendant has committed the f(,lIowing prior acts of ahuse against I'laintill'including,
but not limited to
a) On or about June 22, 1'J9S, when the plaintill'opened Ihe door slightly to see
who was there, thc delendant slammcd thc door against her knocking her backward,
forced his way into thc rcsidence, grabbed hcr by thc shouldcrs, pushed hcr into thc
kitchen, shovcd hcr against the rcfrigerator pinning hcr by pushing the palm of his
hand against her facc while scrcaming, "You'll ncvcr be with anyonc clsc but mc, J
will kill you" The plaintifl'tricd to gct away Irom thc dclendalll several limes, bul he
grabbed her by thc shouldcrs and altcrnatcly slammed her against the refrigerator and
thc wall When hc kicked in the door to Ihe laundry room, the plaintifl' fcared that he
was going to force her into the room and beat hcr severcly or kill her. A fricnd of the
plaintil1"s who was in thc rcsidence at thc timc of thc incidcnt tricd to telcphone the
police for help, but the defendant grabbed thc telcphone trom her. The friend ran
from the house to a pay phone and tclcphoncd thc policc who arrived and removed
the defendant from the plaintill's residencc, Within minutes aller bcing rcmovcd from
her home, thc dcfcndant began tclephoning the plaintil1's residcnce from
approximately I 1:00 p.m until 3:30 a.m. leaving mcssagcs on hcr answering machinc.
The plaintitl' sustained sorcness and lack of mobility ahout her shouldcr and arm,
sorencss about the back of her head. and bruising on hcr arm as a rcsult of this
incident.
b) On or about May 21, 1998, the defendant grahhcd thc plaintitl' by the top of
her head, bent it backward, and when she tried to gel away from him, he grabbed her
wrist and twisted her wristwatch back and forth on her wrist. As thc plaintifl' fried to
leave the house with the parties' 3 year-old child, the defendant grabbed a knife and
screamed, "If you leave, I'll kill myself.", traumatizing the child. The plaintil1' ran
from the house with the child, and as she tried to secure the child in the car seat, the
defendant pulled the child out of the seat. When the plaintifl' was able to lock hersclf
and the c'lild inside the car and allcmpted 10 drive away, the dcfendant stood in front
of the car to keep her from leaving, and punched the driver's side window as she
pulled away. The plaintil1' sustained hrusing and abrasions about her wrist as a result
of this incident.
c) In or about April 1998, the defendant grabbed the plaintifl' by her arms abovc
the elbows, lined her 011' the lIoor, scrcamcd directly into hcr car calling hcr namcs,
and threatencd her saying, "You'd bellcr not be chcaling on me." When thc
defcndant lct go of the plaintill; hc punchcd the door frame repeatcdly damaging the
wooden frame,
d) On or about March 2S, 1998, Ihc defendanl ycllcd at thc plaintil1' as shc lay in
bed, "I know you'rc not aslcep, bitch''', told hcr Ihat thcy were going to havc
intercourse, laid down onfop of her, and, for approximately half an hour, screamed at
hcr thrcatcning to kill hcr if shc cvcr Icn him whilc choking hcr with both haods
around hcr ncck and shaking hcr violcntly
c) In or about Dcccmbcr I ()'J7, thc dclcndant argucd with thc plaintil1; yclled at
hcr, and rcpeatcdly kickcd a chair hreaking it
I) Since approximatcly Scptcmber I 'J'J(" whcn thc plaintiffs prior Protcction
Ordcr against the dcfcndant lapscd, he has abuscd her in ways including, but not
limitcd to: pushing and shoving. grabbing, shaking, and choking hcr, thrcatcning to
kill hcr, and harassing hcr. Since the parties scparatcd in May 1998, thc dcfendant
has telephoncd the plaintifrs rcsidcnce at all hours of the day and night, at times
making so many telephone calls that he has fillcd hcr answcring machinc tape with
mcssagcs and/or shc has becn forccd to unplug thc telcphonc or turn thc ringcr off.
g) On August 21, 1996, the plaintilT tilcd a Pctition for Protection Ordcr against
the dcfendant, a Tcmporary Protection Ordcr was entcred on that datc, and a
Protection Order was entercd on August 27, 1996, by Conscnt Agreement of the
parties. Sec Exhibit A, madc a part hereto by rcfcrcnce.
II. The following policc departmcnt or law cnforccmcnt agency in thc arca in which
Plaintiff lives should be providcd with a copy of thc Protcction Order: M~chanicsburg Police
Department.
12. There is an immediatc and prcscnt danger of further abuse from the Defcndant.
13. Plaintiff is asking thc Court to cvict and exclude thc Defendant from the residence at
212 York Street. Mcchanicsburg. Cumbcrland County. Pennsvlvania, which is rcntcd by Jaime
Michelle Rohrbaul\h~the plaintiJI.
WHEREFORE, PLAINTIFF REQUESTS THAT HIE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD
DO THE FOLLOWING:
A. Restrain Dcfcndant Irom abusing, threatcning, harassing, or stalking Plaintiff any
place wherc Plaintiff may bc found.
B, Exclude Defendant from Plaintifl's rcsidcncc and prohibit Delendant from
attcmpting to entcr any tcmporary or pcrmanent rcsidencc of thc Plaintiff
C. Award I'laintifl'tcmporary custody of thc minor child and placc thc following
rcstrictions or contact bctwccn Dclendant and child: the dcfcndant m~vc
p~...iQil"-9.LmmiaLJ;Uj;I'ldY_)I,/i\!Uh~__cj1ild.ilLhij;_&anc!Qarcnts' homc whcrc he
rcsi(Ig,s,J!lJl1l1gs,Il1!ll!!alJy"ag[~~JI.!Ip-oillYJh~p~'!Iti!:-'U)cJ)_ding a final custody ordcr
in the matter. The defendant shall limit his conta.cLwith the_pl~int,i.!IJQ_facilitating
!;.~~todv arrang.e...l1l~l!tS_ - J:h_e..Q~fenPJlnL!Lh!l_IIPj~.k",LJPa[ld_9LPp_!)ILthe_~bj!9_-,"L1b_e
plainti ff' s rcsidenc.c.p_yt, ~ha! l.J_ema.i.DJnjt~'Ly"el1j_cJe_ aLall..times_.m,ri[llLtransfer of
!;.~stody.
D. Prohibit Defendant from having any contact with Plaintiff, either in person, by
IClephone, or in writing, personally or through third persons, including, but not
limited to, any contact at Plaintiff's place of employment, except as the Court may
find necessary with respect to partial custody with the minor child.
E, Prohibit Defendant from having any contact with Plaintifl's relatives listed in this
Petition, except as the court may find necessary with respect to partial custody
with the minor child,
F. Order Defendant to pay temporary support for Plaintiff and the minor child,
including medical support,
G. Order Defendant to pay the costs of this action, including filing and service fees.
H, Order Defendant to reimburse a Legal Services funding source for the value of the
legal services provided to Plaintiff
L The defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by the plaintiff,
J. The defendant is to refrain from harassing the plaintiff's relatives or the minor
child,
K. Grant such other relief as the court deems appropriate.
L. 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 Defendant's
residence, where Defendant can be served.
COlJNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
14, The allegations of Count I above are incorporated herein as if tully set forth.
Pa.C.S. 96114, punishable by imprisonment up to six months and a fine ofSJQO.OO-SI,OOO.OO; and iv)
civil contempt under 23 Pa.C.S. ~6l14.1.
7. The Mechanicsburg Police Department shall be provided with a certified copy of this
Order by the plaintiff's attomey 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 <:he 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 Pa,C,S,
96113).
By the Court,
'l'!d~ -A, -tJ~
dgar B, . ayley, Judge
Joan Carey
LEGAL SERVICES. INe.
Attorney for Plaintiff
TAUE coPY FROM RECORD
'n Testlmony Whsrnof, I here Ullto ~ ha
ar.tllhe seal 0/ :laid c.ooill. Carll Ie myPa lid
s f/7#"- ~. . s,.
Prothonoiary
Shane Edward Rohrbaugh
Defendant
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[g) 3. Exccpt as provided in Paragraph 5 of this Order, Dcfendant is prohibitcd Irom
having ANY CONTACT with the 1'laintitT at any location, including, but not limitcd to, any
contact at the Plaintitl's school, busincss, or place of employmcnt. Defcndant is specifically
ordered to stay away from the following locations tor thc duration of this Ordcr: the plaintifrs
residence. 212 South York Strcet. Mechanicsbllrg, Cumberland County, Pennsylvania.
[g) 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the
Plaintiff by telcphonc or by any othcr mcans, ineluding third partics.
[g) 5, Custody of the minor child/rcn, Natasha Brooklyn Rohrbaugh, shall bc as
follows: the defendant may have periods of partial custody witb the child as set out in the
attached Custody Order, and shall limit his contact with the plaintiff to facilitating custody
arrangements. See attached Custody Order for detailed schedule.
o 6. Defendant shall immediately turn ovcr to the Sherill's Office, or to a local law
enforcement agency for delivery to the Sheritl's Office, the following weapons used or thrcatened
to bc used by Defendant in an act of abuse against Plaintitl' and/or the minor child/ren:
o 7. Defendant is prohibited from possessing, transferring or acquiring any other
weapons for thc duration of this Order. Any wcapons delivcred 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.
[g) 8,
The following additional relief is granted as authorized by ~6108 of this Act:
a) Law enforcement agencies, human scrvice 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 child/ren exccpt by further Ordcr of
Court,
b) This Order shall remain in ellect until modified or tcrminated by the Court and can
be extended beyond its original expiration date if the Court finds that the defendant has
committed another act of abusc or has cngagcd in a pattern or practice that indicatcs
continucd risk of harm to thc plaintiff
c) The defcndant is requircd to relinquish to the shcrilT any fircarm liccnse thc
defendant may possess. The dcfcndant's wcapons and firearm license may bc returncd at
the cxpiration of thc Protection Order allcr the defcndant has submitted a writtcn requcst
to the Court for t:1C return of thc wcapons and the Court has notificd thc plaintilT of thc
requcst and givcn thc plaintiff an opportunity to rcspond. ^ copy of this Ordcr shall bc
transmitted to the chicf or hcad of the police departmcnt of (whcrc thc defendant rcsides)
and the sheritT of Cumberland County.
d) The dcfendant is enjoincd from damaging or dcstroying any propcrty owned jointly
by the partics or owncd solely by the plaintiff
e) The defendant is to rcfrain from harassing the plaintilT's relatives or the minor
child/ren,
o 9. Defendant is directed to pay temporary support for (insert the names of the
pcrsons for whom support is to bc paid) _ as follows: (insert amount, frequency and other
terms and conditions of the support order) _' This Order for support shall remain in eRect until a
final support order is entercd by this Court. Howcvcr, this Ordcr shalllapsc automatically if the
Plaintiff does not filc a complaint for support with the Court within fiftcen (15) days ofthc date of
this Ordcr. Thc amount of this tcmporary order docs not ncccssarily reflcct Dcfcndant's correct
support obligation, which shall bc determincd in accordance with the h'Uidelines at the support
hearing. Any adjustments in the final amount of support shall be crcdited, retroactive to this date,
to the appropriate party.
o
Thc costs of this action are waivcd as to the PlaintitTand imposed on Defendant.
10,
o II, Defcndant shall pay $_ to PlaintitT as compensation for Plaintiffs out-of-pocket
losscs, which are as follows: _ OR
o PlaintitT is granted Icave to prcsent a petttton, with appropriatc noticc to
Dcfendant, to _ requcsting recovcry of out-of-pocket losscs, Thc petition shall includc an
cxhibit itemizing all claimcd out-of-pocket losses, copies of all bills and estimates of
repair, and an Order schcduling a hcaring. No fce shall be rcquired by thc Prothonotary's
officc for thc filing of this pctition
o
BRADY INDICATOR
12.
o I , The PlaintitT or protect cd person/s is a spouse, fonncr spousc, a person
who cohabitatcs or has cohabited wit h t hc Defendant. a parcnt of a common child, a child
ofthat pcrson, or a child ofthc Dcfcndant.
o 2, This Ordcr is bcing entercd aftcr a hcaring of which thc Dcfcndant reccivcd
actual notice and had an opportunity to hc hcard.
o 3. Paragraph I of this Order has bccn chccked to restrain thc Defendant from
harassing, stalking, or thrcatcning Plaintill' or protccted pcrson/s.
o 4. Defendant represents a credible threat to the physical safety of the l'laintitl'
or other protected person/s OR
o The terms of this Order prohibit Defendant Irom using, attempting to use, or
threatening to use physical force against the Plaintitr or protected person that would
reasonably be expected to cause bodily injury.
129 13 THIS ORDER SUPERCEDES
129 ANY PRIOR PFA ORDER AND
o ANY PRIOR ORDER RELATING TO CHILD CUSTODY
129 14.
All provisions of this order shall expire in olle year, 011 : k... \ ',) II, 1'1 r11
/I
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 MONTI-IS 23 PA.CS.
~6114 VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL
PENALTIES UNDER TilE PENNSYLVANIA CRIMES CODE THIS ORDER IS
ENFORCEABLE IN ALL FIFTY (SO) STATES, TilE DISTRICT OF COLUMBIA, TRIBAL
LANDS, U.S TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER
THE VIOLENCE AGAINST WOMEN ACTION, 18 U.Sc. ~226S, IF YOU TRAVEL
OUTSIDE OF TI-IE 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 PENALTIES UNDER THE "BRADY"
PROVISIONS OF THE GUN CONTROL ACTION, 18 U.Sc. ~922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the Plaintin's residcnce OR any location where a
violation of this Order occurs OR where the Dcfendant may bc located, shall cntilrce this Order.
An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based
solely on probable cause, whcther or not thc violation is commilled in thc prcsencc of thc police.
23PaCS~6113
Subscqucntto an arrest, thc police officcr shall seizc all weapons used or thrcatcned to be
used during thc violation of the Protection Order or during prior incidents of abuse. Thc
Cumberland County Shcrin's Dcpartmcnt shall maintain posscssion of thc weapons until further
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