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HomeMy WebLinkAbout94-07014 movements, The plaintiff hlls lold the defefulant mnny times nut tu cuntact her, but he persists, The defendnnt hns been actively stalking the plaint i ff in an effort to find out where she is living, b, In or about Octoher, 19CJ~, the defendant waited for the plaint i ff outside her orrice, asked her to talk to him, grabbed her by the arm and restrained her as she tried to leuve. The plaintiff warned the defendunl lo leave her alone lInd locked herself inside her office, c. On or aboul August l~, ICJCJ~, the defendant grabbed the plaintirr hy her neck, shoved her backward over a kitchen counter, jerked her forward by her neck, and then released her. When the plaintiff tried to walk past the defendant grabbed her by her arm. The plnintirr screamed, struggled to free herseif from the defendant and got away from him, The defenclant went to his car and returned wi th a hi Ily club, threatened to break everything inside the apartment, then went into the dining room and up-ended the dining room table, causing everything on the lable and the chairs to filiI to the flooJ'. The plllintiff fled from the apartment and moved her belongings out on August 24, 19CJ~, lo avoid furlher abuse, d, In or about the summer nf ICJ92, the defendaot struck the plainliff lIcross her face with the back of his hand while she was driving her vehicle, The plaintirr sustained a bruise on her face as a resull of this incident. e. In or nboul Mnrch, ICJCJO, the defendnnt slruck the plaint iff ncrnss the face with the buck Df his hand with such force that she was thrown several feet, f. In 01' IIhout Decemher, 1 'JRI) , the defendunt jerkell the plaintiff out of her vehicle liS she WIIS backing it out of u purking lot IInd threw her onto the ground. The vehicle remuined in gellr unci ran over the pluintiff's cout ns she luy on the ground, missing her by inches, then rnmmed into unother cllr. g. In 01' uhout I'lR4, the defendllnt used u bllsebull but to strike the driver-,dde mirror of the pluintiff's vehicle us she drove nwuy lifter IIn urgument. 6. On August 24, I lJlJ4 , the plaintiff left her residence ut 5353 Lincoln Hlghwny, York County, Pennsylvuniu, in order to uvoid further nhuse. 7. The pluintiff believes /lnd therefore nvers thnt she Is in Immediate and present dnnger of nbuse from the defendunt und thut she is In need of protection from such uhuse, 8. The pluintiff desires thut the defendunt be prohibited from having uny direct or indirect contact with the pluintiff including, hut not limited to, telephone and written communicutions. 9. The pluintiff desires thut the defendunt be enjoined from hnrassing und stlllking the pluintiff. 10. The plnintiff desires thut the defendunt be restmined from entering her pluce of employment. II, The plnintiff desires thllt the defendant he enjoined from removing, dnmnging, destroying or selling uny property owned jointly hy the pUrlies or owned solely hy the pluint iff. Ib EXCJ.JlliJVE I'OSSE-liSIQN 12. The resilIence from which the pluintiff is usking the Court to exclude the defendllnt is I'l,ntl'd in the name of niunne Rohrer und the defendunt hus never resided there, The pluintiff is not seeking the evictjon of the defendllnt from his residence. I!~!mi~!:~'i 13. The plaintiff asks for attorney's fees for Legal Services, Inc., und filing und service fees of this lllwsuit pursullnt to the Protection from Abuse Act. W1lEREFORE, pursllllnt to the provisions of the "Protect ion from Abuse Act" of October 7, 1976, 23 1', S. ~ (ilOI ct se<J., IlS amel1lled, the plaint i ff prays this Honorable Court to grunt the following reI ief: A, Grant a Temporary Order pursuant to the "Protect ion from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff and/or placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contllct with the plaintiff including, but not limited to, telephone and written communications; 3. Ordering the defendllnt to refrain from harassing and stalking the plllintiff; 4, Prohihiting the defendant frnm entering the plaintiff's place of employment; 5, Prohibjting the defcndllnt from removing, damaging, destroying or selling property owned solely hy the plllintiff; 6, Ordering the defendant to stay away from the plaint iff's resilience, which is an undisclose,1 locat ion for her own protect ion and to avoid further abuse, /lnd 6, ordering th" defendant tn stllY away from the plaintiff's resirlence which is an uIlllisclnSl,,1 Incation for her own pn,tect ion Ilnd tn IIvnid further Ilhuse, 7, Ordering the defendant to stllY away from any residence the plaintiff may in the future estahlish for herself. n, Schl'dule a hearing in m:cordllnce with the prnvisions of the "Protect ion from I\hu~e Act t II unlit after such heuring, enter nn order tu be in effect for II period llf one yellr: I, Ordering the defendant to refrain from nh:Jsing the plllintiff and/or placing her in fear of ahuse. 2. Onleriflg the defendunt to refruin from 11IIving any direct or indirect contact with the plaintiff including, hut not limited to, telephone and written communications. J. Ordering the defendaot to refrain from harassing /lnd st/llking the plaintiff, ~. Prohibiting the defendunt from entering the pl/llntlff's place of employment, 5, Prohibit ing the defendant from removing, dnmaging, destroying or sell ing property jointly owned solely by the plulot I ff. ti. Ordering the defendant to stay /lway from the plaintiff's residence, which is an umlisclosed locution for her own protect ion allll tn avoid further abuse, 7. Ordering the defendant to stll)' uway from any residence the plaint i fr ilia)' in the future estubl ish for herself. if i "R. 13- ~ rJ - v1 1J) 00 (J :t Q- t.-.-) .. (.) cr- Vl ,.:> ~ ;t - . vj @ 0 -:tI :r cJ ex .a; ,'.I .fff ,. . . ,~. l OJ . DIANNE L. ROHRER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-7014 CIVIL TERM NICHOLAS W. ROHRER, Dafendant PROTECTION FROM ABUSE IN RE: AMENDMENT TO COMPLAINT ORDER OF COURT AND NOW, this 21st day of February, 1995, upon motion of the Commonwealth, in the person of Thomas A. Placey, Esquire, to amend the complaint in the above-captioned matter charging indirect criminal contempt, and with the concurrence of Defendant's counsel, Aaron D. Parnes, Esquire, the complaint charging indirect criminal contempt is amended to include allegations that additional calls were received from the Defendant by the alleged victim on February 2, 1995, at 3135 p.m., February 3, 1995, at 2:34 p.m., February 3, 1995, at 4159 p.m., February 4, 1995, at 8:41 p.m., February 8, 1995, at 12130 p.m., February 8, 1995, at 12:31 p.m., February 8, 1995, at 12138 p.m., February 8, 1995, at 3:12 p.m., February 11, 1995, at 3153 p.m., February 12, 1995, at 9:25 p.m., February 13, 1995, at 9:13 a.m., February 13, 1995, at 10:50 a.m., February 13, 1995, at 2:38 p.m., February 15, 1995, at 7:30 a.m., and February 15, 1995, at 10:24 a.m. The complaint is further amended, by agreement of counsel, to indicate that three of the messages allegedly contained threats on the part of the Defendant to come to the alleged victim's office. - ~' 1 ,.. C ... . C n i ne OUII CT ~mmO;1 j....l"'_. ..._~ ~r' C",. .,.- .'...,'............1 .1~.._..."1 P"""'r:"'Y!'I--I'- - - .......-.~" -..... '-......... I I -..... ..... ... Dianne [" Rohrer 'is. Nicholas W. Rohrer :-roo <)4 -7Dj 4 Ci.vil ----. :?_- :-row, Fehruarv 14 , 1<)95 ~9_ !,. SEZ..':)~::' O? '=:"~G:::?.1..A.'fD COt.~-=~. ?~ co h=--b)r ci...;:u= th: Sb:..:i oi York Cwu:t"l :0 :::::-.u: :.:is ',Vri:, .L.;.. ci...,",?u='::CU :~ -"'..:- It ~ ~ :.::d :-=.u ~f :.:e ?!.t:::::. ". ~ lLl I ~. - (/) ,- Wll' ~ .. '\ . ,..'" "I.... l.u .:,,: f:l : c.. :>V) Wll. - (.) c' !:::::! :~.~ . I.lJ LU .: r..::: C;::U Ln ":'0 - ::'J>- u.. ~ C, u.. t? (.:) :-row, Febnlarv 16 ?,"">}>'~,......::/~ SiI",~ at ~=!Jerl.u:d C~W1t'1, ;':1, Affida.vit or Se:-nc: !91ti 3,07 o'dea P. ~L l=-,-d == wi':":" Orrier nf rOilY".. ppt i t i nn ..1patl Nicholas W. Rhorer :It .5353 Lincoln Highway, ..V9rk, York County, FA by ~d!:q :a Ni~hnlAR W Rnhrpy a. true and attested cpr of == 0::4'-,1 at Rt. 30 E., York, York County - ... PA :a.nd -~":. k:::owa :0 him . ., _ :.:.: ':=:10;:::S :...~:::=t. $a :L::SW~ NOTARl.'l. CEAL VlALlIS W. RHUlE. tlolOry Publ\cl YOlk. Vo,,,, COUI.ly. I'Jnm.';lwlnIA My CorM1I,oIon Exphua t.I.,ch .5, lGQ5 ~'--~~ Shc:5 01 KENNEIffl1,. M!\RKEL CoWlC'T. ? !g.2L COSTS ::....-<.V!c:::: ~au.-\GZ S f'.l:NE " . ." '7 '~1: ~:TI' '., / ), - {/6~b / aW DEPUTY SHERIFF Charles Adams S IFF . r_ .-..a ~ ~.. . l5 "I); ~- . . u,; ," ','" "" ~A:' , ...... t:") ~ . ~ l'-.J.:CI -'" - l.)~.'- ..4 - i'I ,". ~~l~ ll.....U...r.. ":r E-Jl'.'::t.~ ~ .:.- Xli. ... ,..t~ ~ CJ 1- '1 U> z: a: ct; UJ LL~ ::I:..J .... ..... c( ~ OZ .... c ct;z M 00< ,~ '" - Z - iS~ ..... "tJ a::E ~~ 0 C . C 0_ ... ..J> a: OJ "-a: - a. 00 ,~ I=z <( :E .", UJ .... U Z a: a:~ a: OJ z: <(::l - Zz UJ UJ Q. ::I: Cl 0.... ....OWZ OW .... a: 0 .....U UOoo< ::ell. X a: .... UJ -C::l> ::e . ..J 0 -a: a:ZO~ O~ - '" ....- ....:5:1:00 UZ > :0: UJQ 00 Z LL::l - > Q. Z Ca:li:z 00 u ..J V1 - WW::lW li:~ ct; V1 :1:000 a. "'" UJ ..J - LL. r-::e u . ... Z 0 ::1:0 LL::l ~ ::lZ 0 Z ::I: .... 00 00 8:5 ..... <( U ..J V1 I - ..... ct;UJ WLL ::; wffi "'" Q z: UJ U>.... uO a: en :O:a:Q. u: <( i=~ z:ct;:E LL U ox UJ 0 Z::l :Eu.... -u :E z: ozo wow ,*,..;",," ; -- .. /. ,~ ,'-""'" . "::J ~\ \,,1 -.l!:.. 7 ~ .L ~ o DIANNE L. ROHRER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 94-70l4 CIVIL TERM NICHOLAS W. ROHRER, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this ~ day of February, 1995, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's petition, the defendant, NICHOLAS W. ROHRER, is directed to appear before the Court on the ~ay of U-tudU-' 1995 at/..L.:. 30 o'clock ~.m. in Courtroom * ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania, to show cause why the defendant should not be adjudicated in indirect criminal contempt of Court. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, one will be assigned r....- to re~resent the defendant. Further, if the defendant fails to appear, an arrest warrant will be issued. -.,'l'he Sheriff of Cumberland County is directed to serve thin t'J Orde~~and Petition upon the defendant. Costs for service to be deter.mined at the above scheduled time. By the Court, , } J( , - - J. Thomas A. Placey, Esquire Senior Assistant District Attorney Nicholas W. Rohrer, Defendant ~~ ~~d ~/I.,./>lr..._ DIANNE L. ROHRER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 94-7014 CIVIL TERM NICHOLAS W. ROHRER, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Thomas A. Placey, Senior Assistant District Attorney of Cumberland County, Pennsylvania brings the following petition for a hearing on charges of Indirect criminal Contempt: l. A Protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's repeated violation of this Order is averred in the attached private criminal complaint and letters. 3. The victim requests the filing of an Indirect Criminal contempt charge upon information received. 4. The District Attorney's Office approves the filing of this private criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect criminal contempt pursuant to 23 Pa.C.S.A. S61l3. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Attorney DIANNB L. ROHRER, 1 IN THE COURT OF COMMON PLEAS OP Plaintiff 1 CUMBERLAND COUNTY, PENNSYLVANIA 1 v. 1 NO. 94-7014 CIVIL TERM 1 NICHOLAS W. ROHRER, , Defendant I PROTECTION FROM ABUSE IN REI DEFENDANT DIRECTED TO APPEAR ORDBR 011' COURT AND NOW, this 21st day of P'ebruary, 1995, the Defendant, Nioholas W. Rohrer, having failed to appear as scheduled for trial in the above-captioned matter as a result of what has been represented to the Court to have been a traffic accident which prevented his appsarance today, he is directed to appear before the Court on Tuesday, P'ebruary 28, 1995, at 9130 a.m., at whioh time he will be reminded of his obligations under the Proteotion from Abuse Order, and he will be directed in person to appear for trie1 on P'riday, June 2, 1995, at 9100 a.m. It will not be necessary for the Plaintiff, Dianne L. Rohrer, to appear on Tuesday, Pebruary 28, 1995. By the Court, Thomas A. Plaoey, Esquire Assistant District Attorney U/<>-.> /' 01'{/ J. ~esley Ole, r., . J Aaron D. Parnes, Esquire Counsel for Defendant c. b;'-.J.~..c .A/:>.3/9-'>' I .~ r. Islr Vihn~~t;I<u' 411" 0.>'" ..t'Jrl".\J.) n~f';" ;'iJq~Ir1~ ,~~O'I.', "HI in ~l JI J ~o .,: .' t 56. Nr r~ e fZ 83J v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-7014 CIVIL TERM DIANNE L. ROHRER, Plaintiff NICHOLAS W. ROHRER, Defendant CHARGE: INDIRECT CRIM. CONTEMPT IN RE: CRIMINAL CONTEMPT DISMISSED ORDER OF COURT AND NOW, this 27th day of June, 1995, the Defendant now appearing in court with his privately retained counsel, William J. King, Jr., Esquire, on a charge of indirect criminal contempt, and the Plaintiff being present in Court with her counsel, Ruby D. Weeks, Esquire, and it being indicated to the Court by the attorney for the Commonwealth, Thomas A. Placey, Esquire, by both parties and by counsel for both parties that they are in agreement that the charge in this case should be dismissed, and the Defendant having represented to the Court that he will not hereafter contact directly or indirectly the Plaintiff in this case, the motion of the District Attorney, Thomas A. Placey, Esquire, that the charge be dismissed is granted, and the Defendant is discharged. By the Court, Thomas A. Placey, Esquire Assistant District Attorney William J. King, Jr., Esquire Counsel for the Defendant '. 1\1', , .' lt : l(~3; 56 1.': 11~ (' . .., c --) /( I ( Ct ,l I n ). j (it U I ( t: I lnr (iJ /) .J-- .It('t~t-L Ruby Weeks, Esquire Counsel for the Plaintiff