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park, the plaintiff and defendant got involved in a verbal dispute
over some pictures taken at the park and a key to plaintiff's car.
Plaintiff and defendant proceeded in separate cars aqd stopped at
the Pizza Hut in Camp Hill to eat. Before the plaintiff could get
out of the car, the defendant approached the plaintiff's car and
began to yell at the plaintiff about the pictures. When the
plaintiff did not get out of the car, the defendant began to kick
the front passenger door and beat on the trunk of the plaintiff's
car. Plaintiff pulled out of the parking lot and the defendant
followed her until plaintiff stopped at the Camp Hill Diner in
Hampden Township. At that ti.me, the parties agreed to exchange the
key and the photographs through a small opening in the plaintiff's
driver's window, because the plaintiff feared that the defendant
would attack her. Defendant handed the key to the plaintiff
through the narrow opening in the window. When plaintiff attempted
to hand the pictures to the defendant, the pictures buckled and
never made it through the window. Before the plaintiff had another
chance to try again, the defendant began to yell at the plaintiff
and finally broke the front driver side window with his fist
causing glass to hit the plaintiff and her children, Zachary John
Louthian and Aaron Joseph Harbaugh. The defendant left the scene
after a witness to the incident intervened. Plaintiff has received
an estimate for the repair cost to the passenger door and trunk
from Harbold's Ford, Inc.. in the amount of $768.02. A copy of the
estimate is attached as "Exhibit A".
b. On June 27, 1996, plaintiff came home during lunch and
found defendant and a friend intoxicated. Plaintiff and defendant
got into a verbal arg'ument because the defendant was intoxicated
..
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and not at work. The defendant began to push and punch the
plaintiff.
c. In May 1996, plaintiff was talking on the telephone with
her mother. Defendant began to yel.l at the plaintiff in the
presence of their six (6) month old baby, Aal:on Joseph Harbaugh.
Defendant then threw a full bottle of beer, which struck the
plaintiff in the right leg.
d. In May 1996, defendant was intoxicated and got into a
verbal argument with plaintiff. Defendant jumped on the plaintiff
and began to choke her with both hands. When defendant realized
that plaintiff was not breathing, he released his grip. Defendant
walked away from the Bcene leaving plaintiff lying on the ground.
e. On March 30, 1996, defendant and plaintiff were having a
verbal argument outside their home. Plaintiff was sitting in her
car with the driver's door open. Defendant grabbed the plaintiff's
keys and threw them across the street. Defendant then for.ced the
plaintiff out of the car, threw her on the ground and hit the
plaintiff with closed fists.
6. Michelle L. Louthian believes and therefore avers that she
and her two children, Zachary John Louthian and Aaron Joseph
Harbaugh, are in immediate and present danger of serious abuse from
defendant and that they are in need of protection from abuse.
7. plaintiff does not have funds available to pay the fees
for filing and service of this petition.
WHERElFORE, pursuant to the provisions of the "Protection From
Abuse Act" 23 Pa.C.S. ~6101 et seq., Michelle L. Louthian
prays this Court to grant the following relief:
A. Grant a Temporary Order pursuant to the "Protection From
.
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. .-..........,
'....
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Abuse Act" I
1) Directing David Harbaugh to refrain from ablAsing
Michelle L. Louthian, Zachar~ John Louthian and Aaron Joseph
Harbaugh and from placing them in fear of immj,nent serious bodi.ly
injury either personally or through his agents;
2) Excluding David Harbaugh from entering plaintiff's
current residence or any residence that plaintiff occupies I
3) Directing David Harbaugh to refrain from entering
plaintiff's place of employment at York County Children and Youth'
Services, 4 Barlo Circle, Dillsburg, York County, Pennsylvania, and
the school of the minor child, Zachary John Louthian.
4) Directing David Harbaugh to refrain from having any
contact by phone, mail, or in person with plaintiff's parents, Mr.
and Mrs. Rodger Johnson;
5) Directing the defendant to pay thl:! administrative
costs and fees required for filing the Petition;
6) Directing the defendant to pay the estimated repair
cost of $768.02 for damage to the passenger door and trunk of
plaintiff's car on September 2, 1996.
7) Any such other relief as the Court deems appropriate
and just.
B. Schedule a hearing in accordance with the provisions of
the "Protection From Abuse Act", and after such hearing, enter an
order against the defendant, to be in effect for one year, as
follows:
1) Directing David Harbaugh to refrain from abusing
Michelle L. Louthian, Zachary John Louthian and Aaron Joseph
Harbaugh and from placing them in fear of imminent serious bodily
.'
injury either personally or through his agentsl
2) Excluding David Harbaugh from entering plaintiff's
current residence or any residence that plaintiff occupies,
3) Directing David Harbaugh to refrain from entering
plaintiff's place of employmunt at York County Children and Youth
Services, 4 Barlo Circle, Dillsburg, York County, Pennsylvania, and
the school of the minor child, Zachary John Louthian.
4) Directing David Harbaugh to refrain from having any
contact by phone, mail, or ill person with plaintiff's parents, Mr.
and Mrs. Rodger Johnson,
5) Directing the defendant to pay the administrative
costs and fees required for filing the Petition,
6) Directing the defendant to pay the estimated repair
cost of $768.02 for damage to the passenger door and trunk of
plaintiff's car on September 2, 1996.
7) Any such other relief as the Court deems appropriate
and just.
Datal
/!J"'~').-9b
.
Respectfully Submitted,
Mic:a~on
~~l~'
Robert Rains
Supervising Attorney
The Family Law Clinic
45 N. pitt St.
Carlisle, PA 17013
717-243,2968
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Michelle L. Louthian by herself
and on behalf of her minor
children, Zachary John Louthian
and Aaron Joseph Harbaugh,
Plaint if f
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN PROTECTION FROM ABUSE
v.
David S. Harbaugh,
Defendant
NO. 96-5815 CIVIL TERM
QBIOOi
And now this 31/l' day of
Oth l.c..
1996,
upon
presentation and consideration of the within consent Agreement, the
following Order is entered.
1. David S. Harbaugh agrees to the entry of this Order
without admitting the allegations set forth in the Protection from
Abuse Petition.
2. David S. Harbaugh is ordered to refrain from physically
abusing or harassing Michelle L. Louthian and her minor children,
Zachary John Louthian and Aaron Joseph Harbaugh, or placing them in
fear of abuse, either personally or through his agents.
3. David S. Harbaugh is ordered to stay away from Michelle L.
Louthian's current residence at
32 East Keller Street,
Mechanicsburg, Cumberland County, Pennsylvania, or any residence
she occupies during this Order.
4. David S. Harbaugh is ordered to stay away from Michelle L.
Louthian's place of employment at The York County Children and
Youth Servir,:es located at 4 Barlo Circle, Di'llsburg, York County,
Pennsylvania, or any other place where she is employed during this
Order.
5. David S, Harbaugh is ordered to stay away from the school
.
of Michelle L. Louthian's minor children.
6. David S. Harbaugh is ordered to refrain from having any
direct or indirect contact with Michelle L. Louthian's parents, Mr.
and Mrs. Rodger Johnson, and other relatives, including but not
limited to, telephone and written communications.
7. David S. Harbaugh is ordered not to stalk or follow
Michelle L. Louthian or her family at any time.
8. This Order shall remain in effect for a period of one (1)
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 or
the plaintiff's minor children. 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.
9. A violation of this Protection Order may subject the
defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private
criminal complaint under 23 Pa.C,S. ~6113.1; iii) a charge of
indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by
imprisonment up to six months and a fine of $100.00-$1,000.00; and
iv) civil contempt under 23 Pa.C.S. ~6114.1. Resumption of co-
re.idence on the part of the plaintiff and defendant shall not
nullify tho provisione of the court order.
10. The Mechanicsburg, Carroll Township, and Northern York
County Regional Police Departments 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
~ -,.r' "'.......
.-
Michelle L. Louthian by hersell
and on behalf of her minor
children, Zachary John Louthian
and Aaron Joseph Harbaugh,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN PROTECTION FROM ABUSE
v.
David S. Harbaugh,
Dl!fendant
NO. 96-5815 CIVIL TERM
CONS.NT AGRBBMBNT
This agreement is entered on this
day of
1996, by
the plaintiff, Michelle L. Louthian by herself and on behalf of her
minor children, Zachary John Lcuthian and Aaron Joseph Harbaugh,
and the defendant, David S. Harbaugh. The plaintiff iB represented
by The Family Law Clinic. The defendant iB representing himBelf.
The Family Law Clinic haB not provided any legal advise to the
defendant. The partieB agree that the following may be entered as
an Order of Court.
1. David S. Harbaugh although entering into thiB Agreement,
does not admit the allegationB made in the Petition.
2. David S. Harbaugh agrees to refrain from phYBically
abusing or harassing Michelle L. Louthian and her minor children,
Zachary John Louthian and Aaron Joseph Harbaugh, or placing them in
fear of abuBe, either personally or through his agents.
3. David S. Harbaugh agrees to stay away from Michelle L.
Louthian' B current residence at
32 EaBt Keller Street,
I
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Mechanicsburg, Cumberland County, PennBylvania, or any residence
she occupies during this Order.
4. David S. Harbaugh agrees to stay away from Michelle L.
Louthian's place of employment at The York County Children and
.
Youth Servioes located at 4 Sarlo Circle, Dill~burg, York County,
Pennsylvania, or any other place where she is employed during this
Order.
5. David S. Harbaugh agrees to stay away from the school of
Michelle L. Louthian's minor children.
6. David S. Harbaugh agrees to refrain from having any direct
or indirect contact with Michelle L. Louthian's parents, Mr. and
Mrs. Rodger Johnson, and other relatives, including but not limited
to, telephone and written communications.
7. David S. Harbaugh agrees not to stalk or follow Michelle
L. Louthian or her family at any time.
S. The defendant undflrstands that the Protection Order entered
in this matter will be in effect for a period of one (1) 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 or the
plaintiff's minor children. 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.
9. A violation of this Protection Order may subje.ct the
defendant to: i) arrest under 23 Pa.C.S. 56113; ii) a private
criminal complaint under 23 Pa.C.S. 56113.1; iii) a charge of
indirect criminal contempt under 23 Pa.C.S. 56114, punishable by
imprisonment up to six months and a f.ine of $100.00-$1,000.00; and
iv) civil contempt under 23 Pa.C.S. 56114.1. Resumption of co-
resideno. on t~e part of the plaintiff and defendant shall not
nullify the provisions of the oourt order.