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TINA AUGHINBAUGH,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
VS.
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 2000- ~7jy CIVIL TERM
ROBERT C. AUGHINBAUGH,
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, you may be evicted from your residence and lose other
important rights.
AHEARING ON THIS MATTER IS SCHEDULED ON i7t7-C/ . ..7 8 ,Dl\1IT
~;t1 0 Ij--.M., IN COURTROOM NO. I OF THE CUMBERLAND
C UNTY COURTHOUSE, CARLISLE, PENNSYL VANIA.
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 injail under 23 Pa.C.S. g6ll4. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18
U.S.C. g2265, 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. 9 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 bave to proceed
without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY A VENUE, CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of1990. 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.
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Tina Louise Aughinbaugh
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: No.
Robert C. Aughinbaugh
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
.
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Robert C. Aughinbaugh
Defendant's Date of Birth is: August 10, 1965
Name(s) of All protected persons, including Plaintiff and minor children:
I. Tina Louise Aughinbaugh
AND NOW, on 'Pee .7.11 2mVupon consideration of the attached Petition for
Protection from Abuse, the court hereby enters the following Temporary Order:
Plaintiffs 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 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 Plaintiffs school, business, or place of employment. Defendant
is specifically ordered to stay away from the following locations for the duration
of this order.
Any future residence or place of employment Plaintiff may establish.
3. Defendant shall not contact Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
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4. The following additional relief is granted:
The Cumberland County Sheriff's Department shall attempt to make service
at Plaintiff's 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 Defendant by mail.
Law enforcement agencies, human service agencies and school districts shall
not disclose the presence of Plaintiff and/or the child/ren in the jurisdiction
or district or furnish any address, telephone number, or any other
demographic information about Plaintiff except by further Order of Court.
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 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.
5. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
A copy of this Order will be mailed to the proper autorities in the area where
Plaintiff resides.
6. 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.
7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL JUNE 20, 2002 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE 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 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. ~~2261-
2262.
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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 I through 3 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 Sheriff's office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order ofthis court, unless the weapon/s are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
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Distribution to:
Legal Services
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PFAD Number: JHl174792S
Tina Louise Aughinbaugh
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v,
~ No. ti-o _ f'1.J-Tf &:;.P <T~
Robert C. Aughinbaugh
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
.
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Tina Louise Aughinbaugh
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse"
a. Tina Louise Aughinbaugh
4. Plaintiffs address is
confidential
5. Defendant's Name is:
Robert C. Aughinbaugh
6. Defendant is believed to live at the following address:
412 N. Pitt St. , Carlisle, P A 17013
7. Defendant's Date of Birth is:
August 10, 1965
8. Defendant's Place of employment is:
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CTS Reeves Carlisle, P A
9" Defendant is an adult.
10. The relationship between the Plaintiff and the Defendant is:
Brother / Sister
II. The defendant has been involved in a criminal court action.
12. The facts of the most recent incident of abuse are as follows:
In or about Fall of 2000, Defendant pushed Plaintiff in her chest causing her to hit
the refrigerator and he screamed in her face exacerbating her fear. Plaintiff
suffered from pain and a headache as a result of this incident.
13. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
child/ren, (including any threats, injuries, or incidents of stalking) are as follows:
In 1997, Defendant grabbed Plaintiff by the shirt, pushed her backwards causing
her to fall on her arm and hit her head, and hit her on the back with a belt
numerous times. Plaintiff suffered a bump on her head and bruises.
From approximately 1996 through the present, Defendant has abused Plaintiff on
a weekly basis in ways including the following: pulled her by the hair, hit her in
the forehead with the pabn of his hand forcing her head backwards, grabbed her
and threatened to choke her. Defendant has harassed and threatened employees at
the Salvation Army in an attempt to get them to reveal her location.
14. The police department(s) or law enforcement agencies that should be provided with a
copy of the protection order are:
A copy of this Order will be sent to the proper authorites where Plaintiff resides.
15. There is an immediate and present danger of further abuse from the Defendant.
16. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described
above. Those losses are:
17. 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. Prohibit Defendant from having any contact with Plaintiff and/or
minor child/ren, either in person, by telephone, or in writing,
personally or through third persons, including but not limited to any
contact at Plaintiffs school, business, or place of employment,
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except as the court may find necessary with respect to partial custody
and/or visitation with the minor child/ren.
c. Order Defendant to pay the costs of this action, including filing and
service fees.
d. Order the following additional relief, not listed above:
Defendant shall not harass Plainitiff's relatives.
Defendant shall not damage or destroy any property owned by
Plaintiff.
Defendant shall pay $250.00 to one of Legal Services, Inc.
funders as reimbursement for litigation in this case.
Defendant shall return the following items to the Plaintiff:
1. Jewlery including mother's ring and birthstone ring.
2. Church notebook
3. Crotchet items
4. Picture of mom and a picture of dad
5. Medications
6. Word-fmd books
7. Diploma
e. Grant such other relief as the court deems appropriate.
f. 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.
Date:
/ ;2)21/ hJ
/ /
Respectfully submitted,
~/~
ttoan Carey, Attorney fi laintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 170 I3
(717) 243-9400
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VERIFICATION
I verifY that I am the Petitioner as designated in the present action and that the facts and
statements contained 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. 94904, relating
to unsworn falsification to authorities.
Dated: rJ-) '11m
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Tina Aughinbaugh, inti
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12/21/00 THU 16:36 FAX 717 240 6573
CUMB CO PROTHONOTARY
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2357
[ all 9p2405331
[ 0319p2438026
[ 04192490779
CENTRAL PROCESS
LEGAL SERVICES
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OFFICE OF THE PROI'HCXIOI'ARY
CUMBERLAND CXXlNTY COUR1H<XJSE
CNE C<X1lmfCUSE SQUARE
CARLISLE, PA. 17013-3387
(717 J 240-6195
FAX (717) 240-6573
TO:
C e{\1-ra...l \toeess v, I
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PI\ STATE POLICE
A TELECOPIER
PAX ~:
717-249-0779
I'RCM :
CURTIS R. LONG
RE:
PJ;'I\ ORDERS
MESSAGE:
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'Ih.is ~ is inta"li'rl cnly fur tte U3e of tte irdiv.idu:ll. c:r entit;y tD W:dd1 is is a.lh._" i, .nl lT5Y
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Tina Louise Aughinbaugh
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYL VANIA
v.
: No. 00-8754
Robert C. Aughinbaugh
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: Robert C. Aughinbaugh
Defendant's Date of Birth is: August 10, 1965
Name(s) of All protected persons, including Plaintiff and minor children:
I. Tina Louise Aughinbaugh
AND NOW, this 28th Day of December, 2000 the court having
jurisdiction over the parties and the subject-matter, it is ORDERED,
ADJUDGED and DECREED as follows: .
Upon agreement ofthe parties for the entry of a consent order, this order
will be entered without any admission of liability by the defendant and
without a finding of abuse by this court:
Plaintiffs request for a fmal protection order is granted.
L Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any
other protected person in any place where they might be found.
2. Defendant is prohibited from having ANY CONTACT with the
Plaintiff, or any other person protected under this Order, at any
location, including but not limited to any contact at Plaintiff's school,
business, or place of employement. Defendant is specifically ordered to
stay away from the following locations for the duration of this order.
Any future residence or place of employment Plaintiff may
establish.
3. 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.
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4. The following additional relief is granted as authorized by ~6l 08 of the
Act:
Plaintiff is awarded use and possession of the following personal
property:
-Jewelry including mother's ring and birthstone ring.
-Church notebook
-Crochet items
-Medications
-Word-fmd books
-Picture of mom and dad
-Diploma
Defendant shall deliver the above items to Legal Services, Inc. by
January 5, 2000.
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.
The court costs and fees are waived.
5. A certified copy of this Order shall be provided to the police
department where Plaintiff resides and any other agency specified
hereafter:
A copy of this Order will be mailed to the proper autorities in the
area where Plaintiff resides.
6. THIS ORDER SUPERSEDES:
1. ANY PRIOR PF A ORDER
7. All provisions of this order shall expire on: June 28,2002
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/ORA JAIL
SENTENCE OF UP TO SIX MONTHS. 23 PA.C.8. ~6114.
VIOLA TION MAY ALSO SUBJECT YOU TO PROSECUTION AND
CRIMINAL PENALTIES UNDER THE PENNSYL VANIA 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
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VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU
TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAYBE 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 plaintiffs 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 3 of this order may be without warrant, based soley
on probable cause, whether or not the violation is committed in the
presence ofthe police. 23 Pa.C.S. ~6113.
Subsequent to arrest, the police officer shall seize all weapons used or
threatened to be used during the violation of the protection order or during
prior incidents of abuse. The shall maintain possession of the weapons
until further order of this Court.
When the defendant is placed under arrest for violation of this 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. Plaintiffs presence and signature are not required to file the
complaint.
If sufficient grounds for violation of this order are alleged, the defendant
shall be arraigned, bond set and both parties given notice of the date of the
hearing.
If entered pursuant to the consent of Plaintiff and Defendant:
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T~na L. Au ~nbaugh Plaintiff Robert c. ug2n~u , Defendant
Pro Se
D vid y for Plaintiff
Legal Services, Inc.
S Irvine Row
Carlisle, PA 17013
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*U MULTI TN REPORT
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CIlMB CO PROTHONOTARY
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2369
[ 03]9p2438026
[ 01]9p2405331
[ 04] 92490779
LEGAL SERVICES
CENTRAL PROCESS
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OFf'ICE Of THE PRontacrARY
CUMBERLAND CCXJNTl.' COORmOOSE
~
ONE CCI.1R'I1-KlJSE SQUARE
CARLISLE. PA. 17013~3387
(717) 240-6195
FAX ij:
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FAX (717) 240~6573
VIA TELECOPIER
TO:
f'ROoI :
CURTIS R. LONG
RE: :P FA OrrJevrs
MESSAGE:
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cmtDin inftmratim tmt is r;tivi1a.;l.:d. cmfirlential <n:l ~ &on (lio;rln,""", uUec 'WH........1.. 1Q,I. If
tm ~ of this ~ is rot th: inteti:rl w::ip.iB1l;. :PJ are teat:y rotifia:! ttat <nf ~tiLn,
disI:riI:J.rl:i oc o:pf'ir<:J of this ronn.niaItirn il; strictLy pxhibit:a:l. If}OJ taw re;ei..e:l ltllS
c:x:nrnnic.;r'dro in em:r. r;iIa3se rotify us imrl;diately !:It t:E:lt;p1:re ad letum tie a:ig;irel he !~ b:J c(; ill
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08754 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AVGHINBAUGH TINA
VS
AVGHINBAUGH ROBERT C
ROBERT L. FINK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
AVGHINBAUGH ROBERT C
the
DEFENDANT
, at 0017:00 HOURS, on the 21st day of December, 2000
at 412 N. PITT ST
CARLISLE, PA 17013
by handing to
ROBERT AUGHINBAUGH
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 Answers:
~~"'~~.,
R. Thomas Kline
12/27/2000
Sworn and Subscribed to before
By:
~~_..
. D puty he f ~
me this 3-u< day of
:b;.~~ ~
Prothonotary'