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Heather Marie Sheaffer,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 00 - 3346
CIVIL TERM
Robert Rick,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following papers, you must appear at the hearing scheduled herein. If you fail
to do so, the case may proceed against you and a FINAL Order may be entered against you
granting the relief requested in the Petition. In particular, yor;;m be evicted from your
residence and lose other important rights. 'f1'" :-;30
A hearing on this matter is scheduled for the 1 day 0 , at_ in Courtroom No. ..3
of the 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 fme of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S.
~6114. Violation may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable
anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of
Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may
be subject to federal criminal proceedings under the Violence Against Women Act, 18
U.S.C. ~2261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU
HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE BEARING.
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
HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED
WITHOUT ONE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LmERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common P!eas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the
court, please contact our office. All arrangements must be made at least 72 hours prior to
any hearing or business before the court. You must attend the scheduled conference or
hearing.
It
F!LED-OfFlCE
OF TrlE Pf101HONOTARY
OOHAY31 PM La: 15
CUMBERLAND COUl\rrY
PENNSYLVANIA
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HEATHER MARIE SHEAFFER,
Plaintiff
: In the Court of Common Pleas
: ofCumberIand County,
: PENNSYLVANIA
v.
: Civil Action - Law
ROBERT RICK,
Defendant
: No. ov- 3~'1~ ~ J~
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: ROBERT RICK
Defendant's Date of Birth is: August 13, 1961
Name( s) of All protected persons, including Plaintiff and minor children:
1. HEATHER MARIE SHEAFFER
AND NOW, on 31st Day of May, 2000 upon consideration of the attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
Plaiutiff's request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any
place where they might be found.
2. Defendant shall be evicted and excluded from the residence at:
4 Fairfield Street, Apt. 1,
Newville, P A 17241
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3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other
person protected under this Order, at any location, including but not limited to any
contact at Plaintift's school, business, or place of employment Defendant is
specifically ordered to stay away from the foHowing locations for the duration of
this order.
Plaintiff's place of employment:
Oak Frequency Control
106 Watts Street
Mt. BoHy Springs, PA
4. Defendant shall not contact Plaintiff; or any other person protected under this
Order, by telephone or by any other means, including through third persons.
5. The following additional relief is granted:
Defendant is probibited from baving any contact witb Plaintiff's relatives.
Defendant is to refrain from barassing Plaintiff's relatives.
Defendant is enjoined from damaging or destroying any property owned
joindy by tbe parties or owned solely by Plaintiff.
6. A certified copy of this Order shall be provided to the police department where
plaintiff resides and any other agency specified hereafter:
NEWVILLE POLICE DEPARTMENT
MT HOLLY SPRINGS POLICE DEPARTMENT
PENNSYLVANIA STATE POLICE (Carlisle)
7. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for Hearing
without prepayment of costs. The Petitioner will inform the designated authority of
any addresses, other than the Defendant's residence, where Defendant can be
served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
8. TIllS ORDER APPLIES IMMEDlATEL Y TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL DECEMBER 2, 2061 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY TIllS COURT AFTER NOTICE AND
HEARING.
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NOTICE TO mE 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. ~6114. Consent of the Plaintiff to Defendant's return
to the residence shall not invalidate this Order, which can only be changed or
modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.
~6113. Defendant is further notified that violation of this Order may subject himlher
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. ~~2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiff's
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order,
defendant shall be arrested on the charge of Indirect Criminal Contempt An arrest
for violation of this Order may be made without warrant, based solely on probable
cause, whether or not the violation is committed in the presence oflaw enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sheriffs office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weaponls are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
Judge
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Distribution to:
LEGAL SERVICES, INC.
Joan Carey, Attorney for Plaintiff
Faxed & Mailed to PSP
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PF AD Number: PUl092084G
HEATHER MARIE SHEAFFER,
Plaintiff
: In the Court of Common Pleas
: of Cumberland County,
: PENNSYL VANIA
v.
: Civil Action - Law
ROBERT RICK,
Defendant
: No. (1). 33'1(" ~ T~
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
L Plaintifi's name is:
HEATHER MARIE SHEAFFER
2. I,. (the Plaintifi), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. HEATHER MARIE SHEAFFER
4. Plaintitl's Address is: 4 Fairfield Street, Apt. 1 , Newville. PA 17241
5. Defendant's Name is:
ROBERT RICK
6. Defendant is believed to live at the following address:
3634 Waggoners Gap Road . Carlisle, PA 17013
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7. Defendant's Date of Birth is:
August 13, 1961
g. Defendant's Place of employment is:
Nickel Homes, 913 Armstrong Road, Carlisle, P A
9. Defendant is an adnlt.
10. The relationship between the Plaintiff and the Defendant is:
Current or former sexual/intimate partner
11. The defendant has been involved in a criminal court action.
12. The defendant is not currently on probation I parole
13. The facts of the most recent incident of abuse are as follows:
On about Sunday, May 21, 2000 at approximately 10:30PM
location: 4 Fairfield Street, Apt. 1, Newville, PA
On or about May 22, 2000, Defendant came to Plaintiff's residence, told her that he loved her,
that their relationship was not Dver even if that is what 'She wanted, that he was not going to lose
her, and that she had 00 choice in the matter. Defendant argued with Plaintiff, and despite her
teDing him that his behavior was keeping her lJ..year-old daughter awake, and her repeated
requests that he leave, Defendant foUowed Plaintiff from roORl to room as she tried to get away
from him. Defendant grabbed Plaintiff by the arm several times when she was nnresponsive to
him. When Plaintiff told Defendant that she was going to get a Protection Order against him, he
told her that it did not matter, that he had already becn in jail and did not care if he was jailed
again, and threatened that she would pay if sIle got a Protection Order against him. Defendant
further harassed Plaintiff, demanded to know if she had been with someone else a few days
earlier, and when she told him that it was nDne of his business, he caned her vile names,
threatened that she would be sorry, hit her in the eye, and laughed at her. When Plaintiff picked
up the telephone to caD the police, Defendant grabbed it Dut Df her band, threateDedtDpuII the
telephone cord from the waD, and told her tbatshe was not gDing anywhere. Fearing fDr her
safety. and that of her daughter, Plaintiff woke her daughter up (it was approximately 2:30 lIl.m.
at this time), took her out to the car, and drove to the Newville Police Department. When
Plaintiff got to the police department, she found that it was closed, so she returned to her
apartment. As Plaintiff parked her car, Defendant drove up behind her car, foUowed her into
her apartment, laughed and tannted her saying, "Go ahead and caD the cops; I've been in jail
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before." Plaintiff and her daughter quickly left the apartment, Defendant foUowed them out to
the car, and as they got into the car, he threw several coins on her windshield. Plaintiff drove to
a telephone booth, cllDed the Newville Police, and reported the incident.
14. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor childlren,
(including any threats, injuries, or incidents of stalking) are as follows:
On or about May 19, 2000, Plaintiff returned home and found her coffee table broken, glass
lying about, and other housebold items damaged and destroyed. When she asked Defendant
what happened, he told her it was an accident. Plaintiff told Defendant that it was not an
accident, and as she gathered her belongings to leave, Defendant followed her from room to
room through the apartment, told her that she could not leave, gJ'llbbed ber ann several times,
and foDowed beroutside when she went to her car to leave. As Plaintiffgot into tbe car,
Defendant tried to get in the passenger side door, found it was locked, went to the driver's side,
and grabbed Plaintifrs door preventing her from closing it. After repeatedattemptll by P1aillltiff
to drive slowly away, Defendant fmaDy let go of the door, and Plaintiff drove away.
In or about March or April 2000, as Plaintiff tried to leave in her car, Defendant held onto the
passenger-side door handle, demanded that she unlock the door,. and when he started around to
the driver's side, Plaintiff drove away. Defendant pursued Plaintiff in his vellicle, driving his car
dangerously close behind hers from Newville to Carlisle; drove alongside her ear as she drove
through the drive--thrn section of a fast-food restaurant, yelled and laughed at her, and
threatened that she wuld not get away from him, foDowed ber to a tramc light, and laughed as
he repeatedly. bumped the rear of her ear with his car. When Plaintiff drove to the nearby
Pennsylvania State Police. Barracks in Carlisle, Defendant foUowed her into the parking lot, and
left wben she went inside. Plaintiff reported tbeincident to the police, and waited imide the
building until she figured that Defendant had gone. Defendant drove up to Plaintiff as she exited
the police parking lot. Plaintiff lost bim in traffic, but after a sbort time she saw his vehicle again
foDowing behind her car. Fearing for her safety, Plaintiff drove to her llister's home nearby, and
ran inside the home. Defendant drove up behind Plaintiff's ear and sat in his car for
approximately 20 minntes. Plaintiffwasafiaid to return home and stayed with her sister that
night.
In or about faD 1999, Defendant shoved Plaintiff about the bathroom, causing her to faD into the
bathtub, hit her head against the tnb, and lose consciousness. As Plaintiff regained
consciousness, Defendant was yelling at her, and when she tried to stand up, he grabbed her by
the arms, pushed her down the haDway to the bedroom, and shoved her, cansing her to fall to
the floor. Whe.. Plaintiff got out the back door and onto the deck to try to get away from
Defendant, he grabbed her by the arm, and repeatedly shoved her against the deck furniture,
causing her to faD down. Plaintiff got away from Defendant, ran to her car, and drove away.
Plaintiff sustained SOreness and swelling about her hcad, and brnising about her arms and legs
as a result of this incident.
15. The police department(s) or law enforcement agencies that should be provided with a copy oftltec
protection order are:
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Newville Police Department
Mt. Holly Springs Police Department
Pennsylvania State Police - Carlisle
16. There is an immediate and present danger offurther abuse from the Defendant.
17. Plaintiff is asking the court to evict and exclude the Defendant from the following residence:
4 Fairfield Street, Apt. 1
Newville, PA 17241
Rented By:Heather Marie Sheaffer and Robert Rick
18. Plaintiffhas suffered out-of-pocket financial losses as a result of the abuse described above. Those
losses are:
Lost wages
Cost to replace andlorrepair Plaintift"s clothing, furniture, and household items damaged
and/or destroyed by Defeudant.
19. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or
minor child/ren in any place where Plaintiff may be found.
b. Evict/exclude Defendant from Plaintifl's residence and prohibit Defendant from
attempting to enter any temporary or permanent residence of the Plaintiff.
c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren,
either in person, by telephone, orin writing, personally or through third persons,
including but not limited to any contact at Plaintift's school, business, or place of
employment, except as the court may find necessary with respect to partial custody
and/or visitation with the minor child/ren.
d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs
children listed in this petition, except as the court may find necessary with respect to
partial custody and/or visitation with the minor child/ren.
e. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the
result of the abuse, to be determined at the hearing.
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f Order Defendant to pay the costs of this action, including filing and service fees.
g. Order the following additional relief, not listed above:
This Order shall be docketed in the office of tbe Prothonotary and forwarded
to the Sheriff for service. The Prothonotary shlill not send a copy of this Order
to Defendant by mail.
This Order shall remain in effect until modified or terminated by the Conrt
and can be extended beyond its original expiration date if the Court fmds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
Defendant is ordered to pay $250.00 to reimbune one of Legal Services, Inc.'s
funding sources toward the cost of litigation in this case.
h. Grant such other relief as the court deems appropriate.
1. Order the police or other law enforcement agency to serve the Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The petitioner
will inform the designated authority of any addresses, other than the Defendant's
residence, where Defendant can be served.
Respectfully submitted,
Date:
~/:9-/ Irl
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Joan Carey, Attorney for . tiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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VERIFICATION
I verify thl\t I am the Petitioner as designated in the present action and that the facts and
statementsconfaifled in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904, relating
to unsworn falsification to authorities.
Dated: ~~7~O
~~7/~~v
Heather Marie Sheaffer, Plaintiff ~
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05/31/00 WED 15:34 FAX 717 240 6573
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CUMB CO PROTHONOTARY I!U}'- 3'3 ifa
~001
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... TX REPORT ...
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1898
92490779
05/31 15:28
05'29
6
OK
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-03346 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHEAFFER HEATHER
VS
RICK ROBERT
JACOB BAKER
, Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE,
was served upon
RICK ROBERT
the
DEFENDANT
, at 0016:00 HOURS, on the 1st day of June
, 2000
at 3634 WAGGONERS GAP ROAD
CARLISLE, PA 17013
by handing to
ROBERT RICK
a true and attested copy of PROTECTION FROM ABUSE,
together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER, PETITION
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10.00
.00
31.10
So A;;;~~/~~~i
R. Thomas Kline
06/02/2000
me
Sworn and Subscribed to before
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C "~ O. "Jrull,,'. i Uo:T;;;
r*lthonotary --r-/
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By:
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HEATHER MARIE SHEAFFER,
Plaintiff
: In the Court of Common Pleas
: of Cumberland County,
: PENNSYLVANIA
v.
: Civil Action - Law
: No. 00-3346
ROBERT RICK,
Defendant
PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: ROBERT RICK
Defendant's Date of Birth is: August 13, 1961
Name(s) of All protected persons, including Plaintiff and minor children:
I. HEA~R MARIE SHEAFFER
AND NOW, this tb Day of June, 2000 the court having jurisdiction over the parties
and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows:
Pursuant to consent of the parties, which does not constitute Defendant's admission to
the averments of abuse in the petition. The following order will be entered:
Plaintiff's request for a rmal pretection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected
person in any place where they might be found.
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2. Defendant is completely evicted and excluded from the residence at:
4 Fairfield Street, Apt. 1, Newville, P A 17241.
or any other residence where Plaintiff may live. Exclusive possession of the
residence is. granted to Plaintiff. Defendant shall have no right or privilege to enter
or be present on the premises.
3. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any
other person protected under this Order, at any location, including but not1imited to
any contact at Plaintiff's schoo~ business, or place of employement Defendant is
specifically ordered to stay away from the following locations for the duration of this
order.
Plaintiff's place of employment, wherever that may be.
4. Defendant shall not contact the Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
5. The following additional relief is granted as authorized by ~61 08 of the Act:
This Order shaD remain in effect until modified or terminated by the Court
and can be extended beyond its original expiration date if the Court finds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
Defendant is enjoined from damaging or destroying any property owned solely
by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
The court costs and fees are waived.
6. Defendant shal1 pay $85.50 to Plaintiff as compensation for Plaintiffs out-of-
pocket losses, which are as follows:
furniture, bousehold items, and clothing. Defendant shaD make payments to
Plaintiff in the form of a money order made payable to Plaintiff, mailed to her
mailing address at 4 Fairfield Street, Apt. 1, Newville, PA 17241.
.
7. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
NEWVILLE POLICE DEPARTMENT
MT HOLLY SPRINGS POLICE DEPARTMENT
PENNSYLVANIA STATE POLICE (Carlisle)
8. THIS ORDER SUPERSEDES:
1. ANY PRIOR PF A ORDER
9. All provisions of this order shall expire on: December 7, 2001
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY
A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX
MONTHS. 23 PAC.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO
PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA
CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT
OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE
COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACT, 18 U.S.c. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261-
2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER,
YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES
UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.c.
~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR
AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintitl's residence OR any location where a
violation of this order occurs OR where the defendant may be located, shall enforce
this order. An arrest for violation of Paragraphs 1 through 4 of this order may be
without warrant, based soley on probable cause, whether or not the violation is
committed in the presence of the police. 23 Pa.C.S. ~6113.
Subsequent to arrest, the police officer shall seize all weapons used or threatened to be
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used during the violation of the protection order or during prior incidents of abuse.
The Cumberland County Sheriff's Department shall maintain possession of the
weapons until further order of this Court.
When the defendant is placed under arrest for violation oftbis order, the defendant
shall be taken to the appropriate authority or authorities before whom defendant is to
be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed
and signed by the police officer OR the plaintiff. Plainti:fPs presence and signature are
not required to file the complaint.
If sufficient grounds for violation of tbis order are alleged, the defendant shall be
arraigned, bond set and both parties given notice of the date of the hearing.
B.:.Jl!l:
If entered purSll3tlt to the
;::Y
nsent ofplaintiffand~d~enFt: )
~~
Defendant's Signature
Distribution to:
LEGAL SERVICES, INC. ~ t ~. 5.
Joan Carey, Attorney for Plaintiff
Robert Rick
3634WaggonersGapRoad ~ ~ (.-f.w
Carlisle, PA 17013
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. 06i08/00 THU 14:43 FAX 717 240 6573
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CUMB CO PROTHONOTARY tHJ, 3 J Vc.
@l001
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS.
RESULT
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*** TX REPORT ***
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1920
92490779
06/08 14:39
03'48
7
OK