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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: '-, ~,!,F.:;~.-CFr;CE C": , ,. , t,...,_,-:-:.'( 11'.... ') r II, ".1 ...1; I,: fIf; \..IL','". ; j ~ -, " , , '. , .. , l-~:, , .', .o,' _/, .,'" \ \' :';, I' f' (> 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 / . ! By the Court; . \4lJ , ' (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 $250.00 to Cumbcrland County, onc of Legal Services, Inc.'s funding sources as rcimbursement for the cost of .1 ... -...... '- The above-named plaintiff, Jaime Michelle Rohrbaugh, understand that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S, ~4904 relating to unsworn falsification to authorities. Date: r~Pft0 v c~~ , ) 'j ~ . ~ ~. " , --f 1~ .... ~~. ;s <00 . fl . ,1 ~ ....J '9 >, ,<> U' -.' < ,- ,. (.'-; UJ~- -: <.) , G: . u, ,'- .-- ~.;- J u:.>. ., '. -,} --, u:: l ~.: ( ,j -;=: ..=;. .,. 'L , : , 0 " (.;'1 ,1 SHERIfF'S RE1URN riCGULAli eM.,.: NU: 1. '),)>'-04b80 P eUMMUIIW.:AI.TII Uf 1'1':11 NSYL v All I A: eOUllry Uf eUMU~"LAIID RUIIRHAUGH )AIM.: VS, ROIIRBAUI3H SIIAN.; I::DWARD KRIST IN D. M.;RTZ " Sherlif or Deputy Sheriff of CUMBEr~LAND County. Pennsylvan~a, who being duly s.....orrl accord~ng to law, says. the within PROT~CTION fROM ABUS~ upon RlJIJRBAUI,H SHAIII:: EDWARD defendant, at 1813:00 HOURS. on the 21st day of Auqust was served the 1':3':35 at. 212 SOUTH YORK STRI::~T M.;CHAII ICSIJURG, PA 1"10.55 , 1_~UI1BERLAlj[' County, Pennsylvan~a. by handing to SILAIII'; CIJWAf\D ROHRDAUGII a true and attested copy of the I'HUn:CT lUll FRUM ABUS.; and at the same tlme directi.ng Hi~ attention to the contents thereof. Sheriff's Costs: DOI:ket tno Service - Affidavit Surcharge ~:iQ ans.....ers: 18,00 r-;. ~Illl ,00 2,00 - ~I/' .,.P" /~'/? ;:.;r yZ'~x'"'Z:~~,~ /~~ ~nomas 1\1~nE', s:Fler~f.1 ~'~b. 40 Q)0/00/0000 by .' ,,) '/ i, ," ""'-------1,' . ' .' Dept1t y S'flerldi--' Sworn and subscrl.bed to before m~ this ---:d.2 ~ day of O<fIA--J- 1';J qt.. A, [I, 1\ 0 II-. " ^~Jfi.' --~-7-'--J:l'"rOt1-;;1r-.'it"FY'. -"!---- I Pa.C.S. ~6114, punishable by imprisonment up to six months and a fine of$ 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 ,,,\: , ri!.F,J-n=F!CF: ~'--,,-, ~T";'v . " {/~I '. q,. ::. ~ fJ'r, '. :- i j: r. '- .:...." -',,-,, , , '. 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. ,- ~/,f' /. __ '.-<-v\_-- I' I" / 1-.........</ / '--- Shanc Edward Rohrbaugh, Defcnd nt' LEGAL SERVICES. INC. 8 Irvinc Row Carli sIc. P A 17013 (717) 243-9400 f' ~~<l >- c , LI' <'"; f;;' UI(" ( ) ~ : rt._~ , '-'- i CJ , ,- , r'- , 0'_ (,"..; ,- w /_.,- :':;' B::L'-. c' ::J i:- c..';;' t. v: ::-> 0 t, ~ 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/ .,,--dt i1J/ Date__2L~J ~~ Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff ~-V\.-'\{)l\O.\:L, h:YYJiC\ \0 L.S. fo--f",1 ... 1'^a..Jl.~ .,-1 -\" PC; P 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 t'.. ( ,..\ (' !. 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" WW~_ N 8 ~ ~ ~~ ~ OW~~Q~zwwwww%ZZ~ZWW~wwwwwzww C Qo~u.u.' o([Q~::l u.I;;OQ a a 0 00 0 ~j..;.:;Ioo:-pwttiu.u.u.u.wwww~u.wu.L/,lu.ttIu..u.u.~~lb Q a:u....Ww- ~_o: <tOO:: c.u. wwwwu.u.u..u.ww oUJOWll,lWw"'c -' O-~'7~ ,~'7 ~ou'7'? ~~~';I'7~~~~~o~'7, '7. '7'7'7c~. ~ ~ ~~~ 8~~ ~g5fg ~~g~~~g!~5~~~;g~~5~~~2 . [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 .)...!.h_~ 1 I " '~/Ld!L( yf' ('-! 'j'L C )Ju.{'C(~~, '+'0 . '. / : ,,'11(' (., i.., , ('.Ii (, ~~n-~1~"'; . 1/7~:;);'~ .,..~' <-(' '/1: :;;- I~? 9-,./ t 'U :vet; ,--f"-- .(.., v v . "..... -' , ..- , ( , I. , /""1 " ~ '. 1\ - r: / ):.',' I .' /I' ,