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Home My WebLink About96-05561 (' U (II b. (0. ~I 9(.0 - 55t.v I v. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. Ll705 CIVIL ACTION - LAW S 1996 ANN MARIE SALADIGO, Petitioner DONALD L. GOSSARD, Respondent PROTECTION FROM ABUSE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must appear at the hearing scheduled herein. You are warned that if you fail to do so the case may proceed without you and an Order may be entered against you for the relief requested in the Petition. You may lose money or property or other rights important to you. If a copy of the obey it until the hearing. arrest you. TEMPORARY ORDER is attached, you must If you do not obey it, the police can YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE A RIGHT TO HAVE AN ATTORNEY REPRESENT YOU AT THE HEARING. IF YOU DO NOT HAVE AN LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. AVISO PARA DEFENSA USTED HA SIDO DEMANDADO EN LA CORTE. si usted quiere defenderse de las reclamaciones descritas en las paginas siguientes usted debe asistir a la vista que esta citada en esta. Usted esta siendo advertido de que si falla en asistir a la vista el caso procedera sin usted y una Orden puede ser expedida en contra suya para el remedio solicitado en la peticion. Usted puede perd'r dinero 0 propiedad u otros derechos importantes para usted. si la copia de una'Urden Provisional esta debe obedecerla hasta que la,..vista se lleve a cabo. no la obedece la policia 10 puede arrestar. adjunta usted si usted no Usted debe llevar este documento a su abogado enseguida. Usted tiene derecho a tener un abogado que 10 represente elo la vista. si no tiene un abogado 0 no tiene dinero para uno; vaya llame a la siguiente oficina donde le informaran donde conseguir ayuda legal. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front street Harrisburg, PA 17101 (717) 232-7536 v. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. LI'105 CIVIL ACTION - LAW S 1996 ANN MARIE SALADIGO, Petitioner DONALD L. GOSSARD, Respondent PROTECTION FROM ABUSE NOTICE TO PETITIONER OR WITNESS: IMMEDIATELY CALL THE POLICE (911) IF THE RESPONDENT VIOLATES THIS PROTECTION ORDER. TEMPORARY PROTECTION ORDER AND NOW, this .and day of nc...fobef, 1996, upon presentation and conside~ of the within petition, it is hereby ordered as follows: 1. Respondent, Donald L. Gossard, date of birth Januarv 25. 1938 and social security number 179-30-3692 , is prohibited from approaching, abusing, threatening, or harassing petitioner, either physically or verbally, wherever she may be. 2. Respondent is evicted from 6209 Bluebird Avenue, Harrisburg, Petitioner's current residence, and any residence which Petitioner may occupy while this Order remains in effect. If Respondent is present at the subject premises when this Order is served or enforced, Respondent shall be escorted immediately therefrom by the deputy sheriff or other law enforcement officer perfcr.aing such service or enforcement. Respondent is prohibited from entering or attempting to enter such premises or any other residence Petitioner may choo~e to establish. " 3. Respondent is directed to refrain from all harassing communication with,o.Petitioner or her relatives. 4. Respondent is prohibited from having any contact with Petitioner, including entering or telephoning Petitioner's home, school or place of employment. 5. Respondent is prohibited from stalking Petitioner as that term is defined in the Crimes Code, 18 Pa. C.S. 92709. 6. The Prothonotary, Sheriff, and local law enforcement agency are directed to accept, file and serve all copies of this Petition and Order without prepayment of fees. .- 7. A certified copy of this Order shall be served on the Harrisburg city police Department if said department is within the appropriate jurisdiction for Petitioner's residence and/or school or place of employment, or on Dauphin County Control as to any jurisdiction within Dauphin county but outside the city of Harrisburg. Should the police come into contact with Respondent, and should Respondent allege that he has not been served with this Order, the police officer shall immediately serve the Order upon him. 8. This Order shall be enforced by any law enforcement agency in any county where a violation occurs. As provided in 23 Pa. C.S. 96113(a) of the Act, "[a]n arrest for violation of an order issued pursuant to this act may be without warrant upon probable cause whether or not the violation is committed in the presence of the police officer...." 9. Respondent is hereby notified that if he violates this Order, he may be held in indirect criminal contempt which is punishable by a fine of up to $1000.00 and/or by a jail sentence of up to six (6) months or civil contempt, which is punishable by a jail sentence of up to six months. 10. or terminated !l6107(b). This order shall remain in effect until modified by the Court after notice and hearing. 23 Pa. C.S. .-\.."'- 11. A heaFil1g on this matter is scheduled for t)1e Ie;' day of Q-\-'l>~( , 1996, at '1:00 ,ft .M., in Court Room No.2, Dauphin County Courthouse, Front & Market Streets, Harrisburg, pennsylvania. BY THE COURT: J;I ~(ft'f:J.. ('1, ~ AM;l\-D Hon. Scott A. Evans ,J. DISTRIBUTION .'. Petitioner Sheriff for Respondent Dauphin County Control .____._10D_1'1 % ! ~ ." '.,. .r,' " ~:.,~' ~';:''';'!C;~.:.'.~:'.~.!;~ a t:.. -, . '.I,:~ll1u , '-~..... . )''''1. ,~,. \ I (,_J(v....tAJ protndilolary 5. Respondent is currently unemployed, but receives approximately $ 1,300.00 per month in retirement pay and disability benefits. 6. Respondent has engaged in abusive conduct toward Petitioner as such conduct is defined in the Act. Examples of said conduct include, but are not limited to, the following: A. On October I, 1996, Respondent carne home after drinking heavily. Respondent and Petitioner were arguing over Respondent's drinking problem and Respondent became very hostile. Respondent kicked Petitioner's dog twice. Respondent went to bed and Petitioner followed about twenty minutes later. Petitioner put her arms around Respondent and tried to reconcile with Respondent. Respondent grabbed Petitioner by the left shoulder and began shaking her. Respondent got on top of Petitioner and punched her in the cheek two times. Petitioner ran into the living room and grabbed the telephone to call for help. Respondent told Petitioner that if she had him arrested, he would kill her and burn down her house. Respondent began smashing the television and yanking on the cable wires. Respondent again told Petitioner that he was going to kill her. Respondent went into the kitchen and grabbed for a knife. Petitioner was afraid for her life and ran out of the house. Petitioner went into the garage for her car, but she did not have her car ~ys. Petitioner went back into the house for her keys and told Respondent that she called the police. Respondent threatened Petitioner that if she had him prosecuted, he would come back and burn the house down. B. On August 3, 1996, Respondent threw Petitioner against a wall and punched Petitioner in the face. Petitioner grabbed the telephone and ran outside until Respondent fell asleep. c. Respondent has a long history of alcohol abuse and violent behavior. Three years ago, Respondent was arrested for assaulting his ex-wife. A Protection Order was issued against Respondent in the Cumberland County Courthouse in 1993. D. There have been numerous other incidents where Respondent has treated Petitioner abusively to one degree or another. 7. As a consequence of the above, Petitioner is afraid of Respondent and believes that she is in immediate and present danger of further abuse and harassment from him. Petitioner is in need of, entitled to, and desires protection from such abuse. WHEREFORE, pursuant to the Protection from Abuse Act, Petitioner prays your Honorable Court to: I. Immediately enter a temporary order, pursuant to section 5 (b) of the Act, 23 Pa. C.S. 96107(b); A. Directing Respondent to refrain from approaching, abusing, harassing, or threatening Petitioner, physically or verbally, wherever she may be; B. Immediately ejecting Respondent from Petitioner's current resid~ce and restoring such residence to the exclusive".possession and control of Petitioner, should the Respondent be found at Petitioner's current residence when the temporary protection order is served upon him; c. Excluding Respondent from Petitioner's current residence and any residence which she may occupy while this Order remains in effect; D. Prohibiting Respondent from having any contact with Petitioner, including entering or telephoning Petitioner's home, school or place of employment; E. prohibiting Respondent from stalking Petitioner as that term is defined in the Crimes Code, 18 Pa. C.S. 92709; F. Directing Respondent to refrain from all harassing communication with Petitioner or her relatives; II. After hearing, and pursuant to Section 1 of the Act, 23 Pa. C.S. 96108, enter a final protection order continuing the relief set forth above, for a period of one (I) year, and further requiring that Respondent: A. Pursuant to Section 5(d) of the Act, 23 Pa. C.S. 9 6107(d), pay all taxable costs of this action; B. Pay attorneys fees for the use of the County of Dauphin in the amount of $250.00; C. Reimburse Petitioner for out-of-pocket losses suffered as a result of Respondent's abusive conduct in an,emount to be determined by the final hearing. D. Reimburse Petitioner for earnings from employment lost as a result of Respondent's abusive conduct in the amount of $ 128.00; E. Peacefully retrieve any personal possessions from Petitioner's residence, if any are there, with the aid of a local law enforcement officer, said . .... ...- officer to be compensated, if compensation is required, by the Respondent; F. Enroll in private or publicly funded professional psychological counselling concerning anger control and Respondent's history of abusive c0nduct, including any substance abuse which may be involved. Respectfully submitted, October 2, 1996 CENTRAL PENNSYLVANIA LEGAL SERVICES B"~ 0 H ;<-JV)IL.- Randi D. Blackman, Esquire Attorneys for Petitioner 213-A North Front street Harrisburg, PA 17101 (717) 232-0581 .,