Jewett, M. v. Rodgers, J.

Superior Court of Pennsylvania·Decided July 20, 2023·No. 1429 WDA 2021·Unpublished

Opinion

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

MICHELE JEWETT : IN THE SUPERIOR COURT OF : PENNSYLVANIA

Appellant :

:

:

v. :

:

:

JOHN R. RODGERS : No. 1429 WDA 2021

Appeal from the Order Entered November 22, 2021 In the Court of Common Pleas of Mercer County Civil Division at No(s): 2021-2615

BEFORE: BOWES, J., KUNSELMAN, J., and SULLIVAN, J. MEMORANDUM BY SULLIVAN, J.: FILED: July 20, 2023 Michele Jewett (“Jewett”) appeals from the order denying her petition for a final order pursuant to the Protection From Abuse (“PFA”) Act.1 We affirm.

We summarize the relevant factual and procedural history of this case as follows: John R. Rodgers (“Rodgers”), a married insurance agent, began an affair with Jewett in May 2020. See N.T., 11/22/21, at 43. The affair lasted for nearly a year, terminating in March 2021. Id. Rodgers and Jewett would communicate daily by text and speak once or twice a week on the phone. Id. They saw each other in person once or twice a week. Id. The relationship was sexual, and the two would have intercourse in Rodgers’s office, and, sometimes, at Jewett’s house. Id. at 7-8.

1 See 23 Pa.C.S.A. §§ 6101 - 6122.

The relationship deteriorated when Jewett realized Rodgers had no intention of leaving his wife (hereinafter “Wife”), and the affair ended after what Rodgers described as a “heated exchange back and forth about the status of the relationship and how it was moving.” Id. at 59. Jewett testified that she left Rodgers when it became clear he did not intend to leave Wife. Id. at 10. Rodgers testified that Jewett was angry at him and that she told him she would get back at him by telling Wife and sending her “the information that she had.” Id. at 59-60. Jewett, at one point, told Rodgers, “You need to fess up to [Wife] and . . . take your beating. We will both leave you.” Id. at 74. After the breakup, Rodgers learned that Jewett had taken a still photo of her and Rodgers—from her home surveillance system—and posted it to Facebook in the form of a “banner picture.” Id. at 64-65.

On March 14 and 15, 2021, after the affair concluded, Wife received messages via her work e-mail account about the affair, purportedly from someone named “Amanda Gill,” using the address “germantown979@yahoo.com.” Id. at 24-26. The March e-mails referenced specific conversations Rodgers had with Jewett, including a specific instance of Rodgers advising Jewett that Wife stopped by Rodgers’s office unannounced, and that Jewett should not come over. Id. at 77. The e-mails also referenced another conversation Jewett and Rodgers had about Wife in which Rodgers told Jewett he had told Wife to “go find your happiness.” Id. at 76. Wife blocked the “germantown979” address. Id. at 29.

Subsequently, on September 15, 2021, Wife received approximately thirty-four e-mails from Amanda Gill containing screenshots of text messages between Rodgers and Jewett. Id. at 29, 66.2 The outgoing address of these emails was “germantown999@yahoo.com,” though the messages had been forwarded to “germantown999” from “germantown979.” Id. at 29.3 Those e-mails had attachments of screenshots of text messages Rodgers received from Jewett following their breakup. Id. at 65, 68, 70. In those text messages—which Jewett admitted she originally sent to Rodgers—Jewett expressed anger at Rodgers for “play[ing]” her. Id. at 68, 70. The allegations in the e-mails matched the allegations in the text messages, including that Jewett had not wanted a relationship with Rodgers, and sought to “run” or “cut him off,” but he had “pursued” or “chased” her, and the e-mails and text messages accused Rodgers of speaking “bullshit.” Id. at 70-72. Jewett also sent Rodgers messages exhorting him to “fess up to [Wife] and take your beating.” Id. at 74.

In September 2021, within days of Wife receiving e-mails containing text messages between Rodgers and Jewett, Rodgers received messages from a phone number ending in -3308 taunting him about whether he would get a

2Wife’s testimony is unclear about which, if any, of these September e-mails were directed to her personal e-mail address.

3Wife also received a text message on September 16, 2021, and an e-mail on September 21, 2021, both from Amanda Gill, the subject of which was Rodgers’s affair with Jewett. Id.

divorce and telling him he would never admit to the affair because he was “more concerned with [his] reputation,” among other things. See id. at 58- 59. Wife likewise received messages earlier that month from the same -3308 number about her marriage. Id. at 27, 28.

The Rodgerses’ daughter, M.R., worked at a Quaker Steak & Lube, located over an hour from her parents’ residence. N.T., 11/22/21, at 103, 107. In October 2021, Jewett approached M.R. in person in the bathroom of the restaurant and told her about the affair. Id. at 103. According to M.R., Jewett did not threaten her or Rodgers at that time. Id. at 106.

Rodgers testified that he was afraid of Jewett, specifically,

I have no idea what she is capable of doing. She’s reaching out to my family and friends. She . . . has driven out of the way to confront my daughter. These are things that have all escalated since the dumping [of e-mails on Wife in] September. I truly do believe that she’s capable of doing more than this, and I don’t want to not be ready.

Id. at 80.4

4 Wife, when asked what in the messages she found threatening toward Rodgers, explained, “I find the behavior erratically dangerous by confronting both myself and my family, and stalking us, and following us around on Facebook and other venues, finding out my e-mail, finding out my work e- mail, finding out my cell phone number, all of these things are extremely frightening.” N.T., 11/22/21, at 41. Wife also became frightened because— in addition to the communications she had personally received—Jewett had personally sought out her and Rodgers’s daughter to tell each of them about the affair. Id.

Jewett, for her part, testified that on September 8, 2021, she had been driving to participate in a 5K run when Rodgers began “aggressively following [her] . . . tailgating [her, to the extent that she had] to drive aggressively to get away from him. He was tailgating [her], weaving in traffic and trying to keep up with [her].” Id. at 10-11.5 Jewett and Rodgers cross-petitioned for PFA orders. The trial court granted a temporary PFA order for Rodgers but denied Jewett’s request. Following a hearing on the cross-petitions, the trial court denied Jewett’s petition for a final PFA order and granted Rodgers’s petition for a final PFA order. See N.T., 11/21/22, at 140-41. Jewett timely appealed both the denial of her petition and the granting of Rodgers’s petition. The case sub judice concerns Jewett’s appeal from the order denying of her petition for a final PFA order.6 Both Jewett and the trial court complied with Pa.R.A.P. 1925.

Jewett raises the following issues for our review:

1. The court erred by not determining that [Jewett] was in reasonable fear of imminent bodily harm.

2. The court erred by deeming [Rodgers] credible.

5 We note that Jewett alleged in her PFA petition that Rodgers had on “several occasions . . . drugged [her] against her will in order to sexually abuse her, including physically restraining her.” Jewett’s PFA Petition, 10/14/21, at ¶ 8. Our review of the record reveals that she did not testify to such at the PFA hearing. Rodgers denied these allegations on cross-examination. See N.T., 11/22/21, at 79.

6We separately address Jewett’s appeal from the order granting Rodgers’s petition for a final PFA order at Rodgers v. Jewett, No. 1428 WDA 2021.

3. The court erred by failing to consider [Rodgers’s] prior actions as [they] relate to [Jewett’s] reasonable fear of harm.

4. The court erred/abused its discretion by admitting unauthenticated text message and e[-]mail evidence.

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