The URL can be used to link to this page

Home My WebLink About00-00958 ~- .. J ~ . MICHELLE R. GEHR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA V. : NO. 2000- q~f CIVIL TERM TROY WISER, Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT, If your 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. A hearins on the matter is scheduled for the c:< 3t.,,( day of ,~/?U tl ~ ' 2000, at 1,'30 /'. M" in Courtroom i at the Cumberland County Courtho se, 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 fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S S 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. S 2265, this Order is enforceable anywhere in the United States, tribal lands, W.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. SS 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 lfIA VE TO PROCEED WITHOUT ONE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 240-3166 Iii r'o !~n' I R J fL.,) '"" ('.,... I~ i"1 !: L 7 G~'i":';'::: :,,':, :'~'L'I"T'{ u,..,',,: :-,11",1" , ; J i" . -~_. -- ., '-' .-,.... '~ PENN3YLVAJ'4!1-\ \" . ;, ow ~ .~ ~- """"~r!,r"",~_,,,,,,,,"J~"'''''. ,,"'''0'''''", '-,~ "I; .'~ ?'!~"''''''?-~- -""","-~"'","~- ~~I!IliI!lIII!Il~~~ ~!IIIlI' '" " ~" '" 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 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. L_ 1,&,: . . <. ~- , 'J';L:'1A:"'''"""",,''''''r'!'1''ll~'r. I, 00 FED 18 F n i: ;,,',! C: !hJ:,r.'J~":;:~L: ,..:\\i') (.i"'1i 1,1\:"1",( ....1'. ~ ,---, , .', ': ,c.-. '.... -.-"-' .! I PENNSYL\/,\Nl!\ ~ _r'~""":' "'" ~~~__ or'. ., ,_"1,~_,,"_~1 ""flt~" " - Ii1I!lm\IIlM,,,~,,,~,"_o_~IJ!i1llfil.!!IlI_ l'!'!!~ - 1M'! .' , ,'~ ' ~ ... . MICHELLE R. GEHR, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA NO. 2000- q5~ CIVIL TERM TROY WISER Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's name: Troy Wiser Defendant's Date of Birth: 9/23/66 Defendant's Social Security Number: Unknown Names of all Protected Persons: Michelle R. Gehr AND NOW, this ~ day of I"t:&~~ ,2000, upon consideration of the attached Petition for Protectio from Abuse, the court hereby enters the following Temporary Order: [x] 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 evicted and excluded from Plaintiffs residence located at , Cumberland County, Pennsylvania, (a residence which is jointly ownedtleased by the parties; ownedtleased by the entireties; owned /leasedtsolely by PlaintifffDefendant to which Plaintiff and the minor childtren moved to avoid abuse, which is not owned or leased by the Defendant, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises, except for the limited purpose of transferring custody of the parties' childtren. Defendant shall remain in his vehicle at all times during the transfer of custody.) [x] 3. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration oftbis Order: Plaintiff's residence and place of employment. ~ . -",,-, if,-, , " . I. [x] 4. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third parties. [ ] 5. Pending the outcome of the fmal hearing in this matter, Plaintiff is awarded temporary custody of the following children: Until the final hearing, all contact between Defendant and the childfren shall be limited to the following: . The local law enforcement agency in the jurisdiction where the childfren are located shall ensure that the childfren are placed in the care and control of the Plaintiff in accordance with the terms ofthis Order. [x] 6. Defendant shall immediately relinquish the following weapons to the sheriff's Office or a designated local law enforcement agency for delivery to the sheriff's Office: 9 mm :,nd 357 magnum. wl,fv. ~"'J ~ 4.. ,pr.~ ~ i'-I- q.r .,elf /-MK. 1"610<<.- rrAh,y, J"1"'" .,'<U(/ s..rel "'"'''1>''' Ir ArT ""'./C;r S<N'~ -Fj:;"..~..,. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order, e.}(" ury .. t,:t.. "'"' ~ ,.; 11.. /a-w ....NYu...,...,. C4"u-'lC/. 1(11, [x] 7. 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 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 finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued 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 or minor child. [x] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Chambersburg , -I ,- ~~ ll!!I.-' ,. , '. Borough Police, Mid-Cumberland Valley Regional Police, Mt. Holly Springs Police, Newville Police, P A State Police. [] 9. THIS ORDER SUPERSEDES [] ANY PRIOR PF A ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO 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 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 ofthis 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. Anv urotection order l!ranted bv a court mav be considered in anv subseauent uroceedinl!s. includinl! child custodv uroceedinl!s. under title 23 (Domestic Relations) of the Pennsvlvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiffs residence OR any locations where a violation ofthis Order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge ofIndirect Criminal contempt. An arrest for violation of this Order may be made without warrant, based solely on probable calise, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation ofthis 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 te weapons until further Order of this court, unless the weaponfs are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, A;J Judge C,:~' C"1!l F,[M P ,I Ii '1.... _,j _ I : L 7 C' fHC.,;> ";, (\".1 i~'1"Y 'Ul~i!_",.i )'-~-" ,0 '""'.....,\,.....1" PENf\'S)'l\~~\NI/\ " ,. - " - ~ 1lI'- ,~~ " ^-"'!'F1"l " "-~ .~, ~ J!!l!lil ~_~ _~ ~""~'!f''' .. l!!l!lfli! l11mMl.iJll._, ~~ ~Jl!..,;"",,_~.">_,- ... ~-'"--~ ,~ """ It:"_ fi ' f - l' , MICHELLE R. GEHR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL VANIA V. NO. 2000- q 5'8 CIVIL TERM TROY WISER, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is Michelle R. Gehr, 2. I am filing this Petition on behalf of: [x] Myself andfor [ ] another Person. 3. Names of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Michelle R. Gehr. 4. Plaintiffs address is 129 Cottage Road, Shippensburg, Cumberland County, Pennsylvania. 5. Defendant is believed to live at the following address: Troy Wiser, C(O Newville Firehouse, P,O. Box 218, Newville, PA 17241. Defendant's Social Security Number is unknown. Defendant's date of Birth is 9(23(66. Defendant's place of employment is Mt Holly Springs Police Department (full time), Newville Police Department (part time). 6. Defendant is current or former sexuaUintimate partner of Plaintiff. Plaintiff and Defendant resided together from October 1995 to September 1999. 7. Defendant has not been involved in any criminal court or civil court activity involving Plaintiff. ~o ~~ -- ~~ ......-.'1 I < .,' ~< . t: . 8. Plaintiff and Defendant are not the parents of any minor children. 9. The following other minor child presently lives with Plaintiff: Brittany D. Christman, DOB 5/22/90,who is Plaintiff's daughter. 10. The facts of the most recent incident of abuse are as follows: a. On February 9 and II, 2000, Defendant paged or telephoned Plaintiff and called her derogatory names and accused her of sexual activity with others. b. In November, 1999, Defendant was seen parked outside her apartment for an extended period oftime. After another man left her apartment, Defendant called Plaintiff and asked if she had sex with the man who had left. c. From September, 1999 to December, 1999, Defendant called Plaintiff at least twice a week and asked her who she was sleeping with. d. In October, 1999, while Defendant was visiting Plaintiff, an argument ensued and Defendant pushed Plaintiff down, causing her to strike her head on a coffee table. e. Defendant threatens to smash Plaintiff's head through a wall, smash her face through the .back of her head, and that he is "really going to hurt her." He has threatened that if he ever catches her with another man, he will kill her and the man and would get away with it because he is a police officer. He has threatened to harm her if she reports the incidents of abuse to the police. 11. The facts of prior abuse are as follows: a. In September, 1999, Defendant was at Plaintiffs residence and an argument ensued during which Defendant grabbed Plaintiff's hair and threw her into the living room. - ~ -~- " ,j..,;....... ',-- i1\-~, , , . ;, . ~.' . b. In August, 1999, Defendant became angry with plaintiff and smashed her face into the mattress, screaming and using foul language. c. In August, 1999, Defendant hit Plaintiff along the side of the head, jerking her neck, causing injury for which she sought medical attention. Plaintiff continues to receive physical therapy for the neck injury. d. In July, 1999, Defendant attacked Plaintiff in an automobile by grabbing her face and smashing it between the driver and passenger seats, causing Plaintiff to suffer a bloody nose, e. In January, 1999, Defendant, during an argument, threw Plaintiff to the floor, kicked her in the head. When Plaintiff tried to get up, Defendant stomped on Plaintiff s head, causing Plaintiffto lose consciousness. Plaintifflater went to Chambersburg Hospital and was diagnosed with a concussion. f. During 1999, the physical abuse occurred approximately twice a week. g. In 1997, Defendant threw keys at Plaintiffs face causing bruises. Photographs were taken of the bruises which are in the possession of Newville Police. h. In 1995 or 1996, Defendant took his service revolver to his head and threatened to kill himself. 12. Defendant owns two handguns: a 9 mm and a .357 magnum. Plaintiff is afraid Defendant will use the handguns to threaten or harm her. 13. The following police departments or law enforcement agencies in the area in which Plaintiff lives and works should be provided with a copy of the Protection Order; . Chambersburg Borough Police, Mid Cumberland Valley Regional Police, Mt. Holly Springs Police, Newville Police, Pa State Police. - :.;,1 ~~ -..)"/D; . " , ~" ':.." 14. There is an immediate and present danger offurther abuse from the Defendant. The Plaintiff is fearful that Defendant will harm her or threaten to harm her. 15. Plaintiff is asking the Court to order Defendant to stay away from plaintiff s residence and to refrain from any contact, personal, telephonic, mail, direct or indirect. WHEREFORE, PLAINTIFF REQUESTS 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 minor child in any place where they may be found. B. Order defendant to stay away from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff and minor child, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact with Plaintiff. D. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiffs child listed in this Petition. E. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of$25.00, in the event of hearing. F. Order Defendant to pay reasonable attorney's fees in the amount of $150.00 in no hearing is held and $500.00 if a hearing is held. I -.db.. , " G. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. H. Enjoin Defendant from harassing plaintiffs relatives and minor child. I. Grant such other relief as the court deems appropriate. J. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing, Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Respectfully submitted, v~ '\\ lacq ine M. Verney, Esquire upreme Ct. ID 23167 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Dated: d. -/8 -00 ~ ~ ~ ,:t. .J' )' --- - " j-~~ ~; ". .< '. .l. .1' VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements made in the within Petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C. S.A. ~ 4904 relating to unsworn falsification to authorities. Dated: ;) -II -0 c) ~~~)\ ~Vt, \ ~~~ Miche Ie R. ehr , " 1...0 1.0 (0":-..1 -- C;'~.) - : -' 'r I-: 'Z ::)~ ;,)~ I,_):-:l.. (~j! --"-',C'_ ,:;~ c) " "l "/, LAW OFFICE OF >'. Jacqueline M. Verney - f"' c:? Il~, . ~ .' ."" 44 S. HANOVER ST. . CARLISLE, PA 1 7013 . (717) 243-9190 . FAX (717) 243-351 8 "-"-'. . ,~ -- , FES} , ZOOOtP . . {) o ~ \)) Q- \/): (( q.. ~4 ~ J ~ '-d ::> S Cfo v.I, ,1 .~ JJ - C1 '!Ii" "~ " ,: t, , , -, .1_ ",~< ~ .I MICHELLE R. GEHR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 2000 - 958 CIVIL PROTECTION FROM ABUSE TROY WISER, Defendant ORDER AND NOW, this /,-/' day of March, 2000, upon agreement of the parties, it is ordered and directed that further hearing in this matter is continued to Monday, September 11, 2000, at 10:00 a.m. Further, by agreement, paragraph six (6) of the temporary protective order entered February 18,2000, is VACATED and the Sheriffs Office is directed to return to the defendant any and all fIrearms seized. BY THE COURT, Jacqueline Verney, Esquire F or the Plaintiff d ;: '..Y &,0 # ~\ ~*''? William T. Tully, Esquire For the Defendant 4 I d' ';? .I '--./' -t/" ,,;l Sherif[ -/'It et" nt'''-. ,..",,"'.-1"/ ",A'" j", ::)I'l/tI7J - d141 :rlm 0:.: , t.:: '.,; .Q i , i i .~ fj i.II' " ,i,~ o. ___e I.. .'""", Lle- ,~,,' ~MIiIl ._,~~",~l 11W!1II" ,_,"""" ;=0'" ... '-'.' ~~- - .. MICHELLE R. GEHR, Plaintiff ~ ~.""-' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA v. : NO. 2000- 958 TROY WISER Defendant CIVIL TERM : PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this Z 9 ~ day of /1",.. J..- ,2000, upon request of the plaintiff, the Temporary Protection From Abuse entered in this matter is hereby terminated. BY THE COURT: cc: Jacqueline M. Verney, ESquire) William Tully, Esquire ~ ~ Mt. Holly Springs Police Dept. Newville Police Dept. Pa State Police-Carlisle & Chambersburg :;~ Mid-Cumberland Valley Regional Police ;j J. :;-;30,01) ~-, < ~ P'S.f. ,\>yltO ~~~s '5 '6 Cl () cf\ <Y) ()o "" 'l.. V) ~ t~ ... J) I 1 ; 1 l 1 1- """I'" " - OF "j' -~" ,- t- !"",-"">,-,"-. ()TAl1Y ;",~,,'r"Q ud 1..1.1,\\," /:-..; 1.:: ;)5 CUM8Ehlj:J,jlJ ~~OUI\rrV PENNSYLVAN\,1\ ~~ ~, I'F'" . .- ,.,.,1IlIIIlI 08/30/00 WED 11:50 FAX 717 240 6573 , . CUMB CO PROTHONOTARY 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT $***********$$**$$*** *** TX REPORT *** ********************* 2122 92405331 08/30 11: 49 00'53 2 OK . Ct... I. If i -r-!; &-<. . -at.-..,. - - 08/30/00 WED 11:44 FAX 717 240 6573 "' CUMB CO PROTHONOTARY ,J-;, ~'- r>v - 9 0"'/ @001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT $$******************* *** TX REPORT *** ********************* 2121 92490779 08/30 11: 43 00'52 2 OK fJ. J,P --~-=, --" "~~ '-. ~k ~\-' ,....... ."'- LAW OFFICE OF JACQUELINE M. VERNEY ATTORNEY AND COUNSELOR AT LAW August 28, 2000 The Honorable Kevin A. Hess 1 Courthouse Square Carlisle, PA 17013 Re: Gehr v.Wiser No. 2000~958 PFA Dear Judge Hess: The above r,eferencedmatter was continued until September 11,2000 at 10:00 a.m. My client, Ms. Gehr,has requested that the heating be cancelled. She is satisfiedthatthe TemporaryPF A Will tenninatewithout further hearing. I have attached an Order for your consideration in this matter. ' Very truly yours, , fL~ Ja queline M. Verney, ESqUir~ JMV fmos Enclosure cc: Michelle Gehr William Tully, Esquire , , 44 SOUTH HANOVER STREET, CARLISLE. PA17013(717) 243-9190 FAX 243-3518 '. ",," "..."~.,;~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-00958 P ^ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GEHR MICHELLE R VS WISER TROY TREVOR KENT , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon WISER TROY the DEFENDANT , at 0014:47 HOURS, on the 18th day of February, 2000 at NEWVILLE FIRE HOUSE FRNDSP HOSE CO. # 1 NEWVILLE, PA 17241 by handing to TROY WISER 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. Additional Comments WEAPONS CONFISCATION, (1) RUGER 9MM Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 So AnS?~~t R. Thomas Kline 02/25/2000 Sworn and Subscribed to before By: T(Ef>>U( ~ I Deputy Sheriff me this ,;?3rt<L day of '~.Mzro A.D. ~ {2 ~ #' rothonotary . L . Newville Police Department Newville Police Department 4 West Street Newville Pa. 1724'1 18 FEB 2000 . TO WHOM IT MAY CONCERN: I, Troy L. Wiser, state that 1 have no idea where my .357 Ruger revolver is and have not used it since ApriV May 1999. ~71cP we! ~ ~~9:&14 ~/ 1lG- wr'f,vcs :; rt~ CJ'-'I ; Ii r ,!;':!i. "'<-'-", )'-" . . L, _ .. ",\\, -.->"",- '-";.,~-.:, '_~"M~':; . Cumberland County Sheriffs Dept. Weapo~'Confiscation Date d -18-bo Court Order dO - 958 Name of Defendant moy u..hsc:R. ..."'. Address Nc...l'/i Ill" RilE lfuv~c Fnit.'" Js /, 'i? Ho~ C Co . #- I 13, '7 .rill. ,,,, T I'l~. Telephone 7 7f, - 0/7'17 Number of weapons seized' .'i, Make 1. /l../JI!J€((; 2. .Jm,ih :f lUtsjo,J 3. $",.111 -/ tutu 4. 5, 6. 7. 8, 9. 10. 11. 12. 13. 14. 15. Model/Caliber fa'!) ;nK1!. 9/11#1 1./// 'to OiL If If 4/0 c".<.. Condition 66/Jd Q.oJ 6:.. J ---", , Serial No. ;]0/ - 68,P, yc.. NeWVlfll!. VDf - ();I s-::y jM~ c;.... '16 r... 'l'l\.r. .,F \I /.-II!' 63 'I f N(u.tv.\Ie. 'j>j)~ .~i '"*-""iI!'-' .;,,-" , '\, -;:'i--,.~.' "..-.,- '" Comments , :Sm. If <t leSJ.,....; 'I (jell'- ,,.,.,1.. (j>Jff~ 9/IIl.N 70 A r\ . t5e-'f6t- -1 0" ~b<II, fMd" /je;o,.nr,...c,.Jr AT l(Pg() aN ,;?-II:J~J) ,I )e)^. I p.f'S"" IYlKIf 1'11'I"" R.v~1?. sell'" ~I .. of1>l'lh C'(.,Jf'N -lo MA- ,-10 11'1 ~/.J~ P'I.~. n", M- In"",,, .~ <-IN, Il.~-,'~~t~.~~ Y~~r Signature Sheriff or Deputy - ~. j' .. = ~" 'I>Ill>lMf' MICHELLE R. GEBR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 2000 - 958 CIVIL TERM TROY WISER, Defendant PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 29" clay of Mh/~ ,2000, upon request of the Defendant, and noting the concurrence of the Plaintiff, the hearing in the above matter is hereby rescheduled for March 9, 2000, at 9:00 a.m., in Courtroom No.4 of the Cumberland County Courthouse, Carlisle, Pennsylvania, IT IS FURTHER ORDERED that the Temporary Protection From Abuse Order entered February 18,2000, shall remain in full force and effect pending the hearing on March 9, 2000. BY THE COURT: 3-f-rHJ JJeJ~ t ~ ~ fa r.~ V~<-~ 1)f. Wtlt~ 7 -r~[~ I ~ Milili111l11lo~... In lIli~I~:e!i!llw~~~ ~-" ; ~ _ ""~~ "- _ 1 - ~ "fl ::. (/ ".:1' -9' cr t;, 0 "_;b CII\c'L..,_,__'~':' i. .., '-'1;'It..'i_t"iL.r"lt.'\';U ,. On! lid-I. Y "H-I\ OJ, . "..,l.",'.J, 'i FJ:J,tJ"(}/l' t/I~.' ') \ j \ 1 Vr\:\!i} ...A ~ ~"'~ ' 1 r , I I i I I I I , I i , r , I I i .~' . - " L ~ -X-,. _ -''';, :0 "", a MICHELLE R. GEHR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 00-0958 CIVIL TERM TROY WISER, Defendant PROTECTION FROM ABUSE IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, March 9, 2000, in Courtroom Number 4. APPEARANCES: JACQUELINE VERNEY, Esquire For the Plaintiff WILLIAM T. TULLY, Esquire For the Defendant ~~ ' 1:'1 . I ~ ~-,-,,~,~-- "' ;::j!.,EC;..-Ot:t.~~~F 'r i, - ,. ":.-::)T' ',CH\JTf,,-BY 00 DEe I 3 !\j 2: ~1 ! ro, '.' ;',,~;-,. ." '" '~O" UNTY LUI\/lvtnU".!'~U v I PEN~lSYLVI\NIA '" ^~~,-,? ""-'~~", '.,'~ ""- ~" ",___,"_''''''''"_'~~H,'''~'__~_ -, IlIrTrrr .,.. \JjI ,y '1.( _,._!",_ 'I'!""'''~' ~ f.I!!iII'I.." ,,,,,,,,,~~"mll~~llll!~_~,,,,,_ r ~~ '" - ,,'--,'; , '"" "," "r " f , 0 0 I I i INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS Michelle Gehr 3 27 50 50 FOR THE DEFENDANT Troy Wiser 52 68 2 ,-. " '" ,. .~. -,' ,"v__ '-'<_ '" _, I ',.,"': o A.., \I 1 MS. VERNEY: Good morning, Your Honor. 2 THE COURT: Good morning. 3 MS. VERNEY: We are here on the petition for 4 protection from abuse of Michelle Gehr. I understand both 5 counsel wish to sequester witnesses. 6 THE COURT: Certainly. 7 (Whereupon, the witnesses were sequestered.) 8 MS. VERNEY: Your Honor, also preliminarily, 9 I need to amend the complaint. Paragraph 11(e) indicates a 10 date of January of 1999. That date is October of 1998. 11 THE COURT: Okay. Go ahead. 12 MS. VERNEY: With that I am ready to call my 13 first witn~ss, Michelle Gehr. 14 Whereupon, MICHELLE R. GEHR, having been 15 duly sworn, testified as follows: 16 DIRECT EXAMINATION 17 BY MS. VERNEY: 18 Q Will you state your name, please? 19 A Michelle Gehr. 20 Q And will you spell your last name for the 21 record? 22 A G-e-h-r. 23 Q Michelle,where do you live presently? 24 A I live in Shippensburg. 25 Q And who lives there with you? 3 1 2 3 4 5 6 7 8 9 address? , , "" ~-,.: " -,,-, ,- I" ,-' o o A Q A Q A Q A Q My daughter Brittany. And how old is your daughter? Nine. How long have you lived in Shippensburg? since December of '99. Where did you live before that? Newville. How long did you live at that Newville A Q A Roughly two and a half years. Can you tell me your educational background? I am currently a licensed practical nurse. 10 11 12 13 14 15 16 17 18 19 for your registered nursing degree? 20 21 22 23 24 25 I am in school for my registered nurse. Q You graduated from high school? A Yes. Q And you have your LPN? A Yes. Q And how many years have you gone to school A Q A Q A Q A year and a half. And how much longer then do you have to go? About a year. And what school are you attending for that? Penn State, Mont Alto. Are you presently employed? 4 1 2 3 4 5 6 7 8 o o A Q A Q A Q A Q Yes. And where are you employed? Through Olsten Health Services. And how long have you been employed there? Fourteen months. And you are employed there as an LPN? Yes. And do I understand that that is a service 9 where you are then assigned to various different health 10 organizations? 11 12 13 14 15 16 17 work? A Q Correct. Prior to working at Olsten where did you A At Shippensburg Health Care Center. How long did you work there? Two years. And prior to working at Shippensburg Health Q A Q 18 Care where did you work? 19 20 21 A Q A At Sarah Todd Nursing Home. Here in Carlisle? Yes. 22 Q And, again, all of those positions you 23 worked as a licensed practical nurse? 24 25 A Q That's correct. Now, can you tell me how and when you met 5 -~~ o o 1 Mr. Wiser? 2 A I met him right at the end of September, the 3 beginning of October of 1995. He had pulled me over for a 4 traffic stop. 5 6 7 8 9 10 11 Newville? Q A Q Where was that? In Newville. And Mr. Wiser is a police officer at A Q A Yes. Okay. And that evening I had called him -- 12 Q Did you receive a ticket at that time for 13 the traffic stop? 14 A No. He had said that he would send me one 15 through the mail. 16 17 18 19 20 21 22 Q A Okay. So I had called him that evening. And I had asked him please don't, not to... Q You called him at the station? A Yes. Q A Okay. And we talked on the phone for a long time. 23 And he come over that night to my house. 24 Q While he was on duty or after? 25 A No. He was off duty. 6 y 1 2 3 4 5 6 7 8 9 ~.. -,..' .J '-,'So, o o Q A Okay. After that what happened? We started a relationship. He had moved in with me when I had lived at Conodoguinet Mobile Estates. Q And where is that? A Newville. Q And how long after you first met him did he move in with you? A Q I would say roughly a month. Okay. And since moving in with you in late 10 1995 how long has he lived with you? 11 A Until October of '99. 12 13 14 Q A Q Okay. September, October '99. So he has lived with you since 1995 until 15 late 1999? 16 A Periodically. Like sometimes when we would 17 fight he would sometimes leave for awhile and go to the 18 firehouse and live for a little while and then come back. 19 Q Okay. When you say he went to the 20 firehouse, is that the Newville firehouse? 21 22 23 years? 24 25 A Q Yes. So you had a relationship with him for four A Q Correct. And during that time you and he were sexual 7 - 1 partners? 2 3 4 ever struck you? 5 6 7 happened? .-,'-- , I, ,'"",-,-'e__' "'"\! , ;, I I I; I I, !: o o A Right. Q Can you tell me whether or not Mr. Wiser has A Yes, he has. Q Can you describe that and tell me when it 8 A It started several months after we first 9 started dating. The first time that he had struck me he 10 was sitting on my bed in my bedroom when we lived at 11 Conodoguinet. And I was standing up. He hit me across my 12 face with his boot, left a red mark. And I did call Chief 13 Hershey of Newville, and I talked to him about that. And 14 what he told me on the telephone was you two kids just need 15 to work things out. 16 17 18 19 living with you? 20 21 22 23 24 25 Q What time of the day was it when you -- A This was at nighttime. Q And during this time was your daughter A Yes. Q And did your daughter witness that incident? A No. She did not. Q Do you recall where she was at the time? A She was in bed. Q Did you do anything after you spoke with 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 -~".- ~. o 0 Chief Hershey about it? A No. Q Did you file any criminal charges? A No. Q Did you file a PFA? A No. Q You continued to live with him? A Yes. Q Did Mr. Wiser do anything? A When he hit me across the face with his boot? Q Yes. A No. Q Now, shortly thereafter you were hospitalized? A Yeah. In April of 1996 I was hospitalized 17 for depression and at Carlisle Hospital for three weeks. 18 The doctor was Dr. Manfredi. He had concluded in the 19 report -- MR. TULLY: Your Honor, I will object to any 20 21 hearsay -- 22 BY MS. VERNEY, 23 24 25 Q A Q Do you know your diagnosis? Depression. And were you prescribed any medication at 9 ,,-- 2 3 4 5 1 that time? ~ '~~ " ." , _'0',,_,: o o A Q A Q Yeah. I believe at that time it was Zoloft. And do you still take Zoloft? No. Now, did you discuss this hospitalization 6 with Mr. Wiser? 7 8 9 A Q A Yeah. I was with him at the time. And did he come to visit you? Not at first he didn't. He had came one 10 night. He was going to take me home. And I was going to 11 sign myself out against medical advice. And I wasn't 12 allowed to. They would not let me go, because they had 13 said that I was suicidal. So, therefore, they wouldn't let 14 me go. And when he had came in to get me, he wouldn't give 15 16 17 18 19 up his weapon to come in. So, therefore, they wouldn't allow him to come and get me. Q Was he on duty at the time? A Yeah. In Newville. Q Following your hospitalization did you 20 continue to live with Mr. Wiser? 21 22 A Q Yes. When was the next time you recall that Mr. 23 Wiser struck you? 24 25 A A lot. I don't, you know, I can't remember right now exactly what month and what date. I can remember 10 . . ~' .~ _ U._ o o 1 them all, but I can't remember in order. 2 Q Was there an incident that occurred while 3 you were working at Sarah Todd? 4 5 6 A Q A Several. Can you describe them? I know at one point in time I was getting 7 ready to go to work. And we had gotten into an argument. S He had grabbed me by the throat. And he threw me against 9 the wall in my bedroom. This is when we lived in Newville 10 on Main Street. And I had a barrette in the back of my 11 hair. And when he had done that, my shoulder and my head 12 went through the wall. And I had a cut on the back of my 13 14 15 head. I remember that incident. Q A And that was while you worked at Sarah Todd? Yeah. That was while I worked at Sarah 16 Todd. And I have bruises on my neck from that. 17 18 Sarah Todd? 19 20 Q Do you recall the dates that you worked at A Q That would have been '96 through '97. Were there any other incidents that you 21 recall while you worked at Sarah Todd? 22 A Yeah. I know that with the bruises that I 23 had on me a lot, like on my eyes and on my neck, my 24 Director of Nursing, Jean Peterson, brought it to the 25 District Attorney's attention. And from there I had 11 - ,~ ~.- -,' !,,~ - _,-I o o 1 Sergeant Smith and his wife Jennifer -- at the time it was 2 Stoner, they had came in to give me a domestic violence 3 paper. And they took pictures of my bruises I had on my 4 thigh from where he had kicked me in the thigh. And they 5 took the pictures of my eye that was black and blue. He 6 had hit me with keys. And there was also bruises on my 7 neck. 8 Q Again, when this incident that occurred with 9 the keys, where and do you recall what time of day that 10 happened? 11 A That was at nighttime when we had gotten 12 into an argument, and he was going to leave. And I was 13 begging him to stay, because like when we would get into a 14 fight and argue I never would want him to go. And I had 15 walked outside and asked him to please stay, and I was 16 holding onto his arm and crying and wanting him to stay 17 with me. And he had turned around when he got across the 18 street, and he threw his keys at me, because I was going to 19 walk behind him, and that's when he hit me with the keys. 20 And then he came back for his keys, and 21 that's when he had grabbed me by the throat and he had 22 kicked me on the porch. 23 Q Did anybody witness that incident? 24 25 A Not that I am aware of. Do you recall the injuries you sustained Q 12 '-- -",OJ o . 1 2 3 4 5 6 from the keys and from the kicking? A Yes. Q Can you describe them? A Yeah. r had a black and blue eye. r had bruises on my neck, and I had bruises on my thigh. Q And then you indicated that when you went to 7 work your supervisor called you in? 8 A Yes. She had called -- well, she had called 9 Sergeant VanScyoc from Mid-Cumberland Valley Regional 10 Police Department. And he in turn called Sergeant Smith 11 and Chief Hershey, and told them that they needed to do 12 something, because if r really got hurt -- 13 MR. TULLY: Object to the hearsay at this 14 point. 15 THE COURT: Sustained. 16 BY MS. VERNEY: 17 Q As a result did Newville Police investigate 18 the incident? 19 20 A Q Yes. Did you press charges? 21 A No. r was going to. And I didn't want to, 22 because r didn't want to hurt him. And r didn't want him 23 to get in trouble. That was the main reason why r didn't. 24 And he was going through a lot at the time, because at the 25 time he had an incident where he had rear-ended another 13 , . -. 1 2 3 4 5 6 7 8 9 10 11 .~ o o vehicle on his way to Mt. Holly. And he had enough going on. And I didn't want to add more to him. And I was still in love with him, and I didn't want to hurt him. So I did not file the charges against him. And I did call his chief of police and told his chief of police that I had lied, that I had just made that up. Q That he had struck you? A I had told him that the residents at the nursing home had struck me. Q And was that true? 20 Sarah Todd? A No. It was not. Because any time a 12 resident strikes you at work you have to fill out an 13 incident report. And if I had all them bruises all the 14 time and, you know, like the brush burns and stuff that I 15 had, well, I would have a lot, a lot of incident reports. 16 Q You recall this key incident happened in the 17 spring of 1997 while you were at Sarah Todd? 18 19 21 22 23 A Q Yes. And you ultimately left the employment of A Q A Yes. And why was that? Well, from all of the incidents that 24 happened, with everything that was involved in the District 25 Attorney's Office, my personal opinion I feel is that Jean 14 .. ",,-- - ~, ,-- "'""'iJ o o 1 didn't want that in her environment, her place of 2 employment. 3 Q When you say Jean -- 4 A Jean Peterson, the Director of Nursing that 5 was there. So they had fired me on grounds of verbal 6 abuse. 7 8 Q To a patient? Yeah. Which I was going to fight. I had an A 9 attorney for that. I didn't fight that. I just paid like 10 a fine, but my licenses were never suspended and I never... 11 Q time then? A Q A Q A Q else? A 12 15 Yes. Okay. Were you unemployed for a period of 22 Q Okay. During this time period from when Mr. 23 Wiser and you lived together to this spring of '97, did Mr. 24 Wiser ever use his weapon to threaten you? 25 A No. He never did threaten me with his 15 ~- ~ . -- ~ j ;,j o o 1 weapon. 2 Q Did he ever threaten himself with his 3 weapon? 4 A Yes. 5 Q Do you recall when that was? 6 A That was shortly after we got together also. 7 I would have to say that would have been in late '95, early 8 '96, he had threatened to shoot himself. He had pulled his 9 gun and threatened to shoot himself. And there was also a 10 time when he had called my sister on the telephone and 11 threatened to kill himself. 12 13 14 15 16 17 18 19 20 21 22 23 24 Q A Was that the same time period? No. That was closer to the time when I was in the hospital in 1996. Q Okay. Do you recall any other incidents when Mr. Wiser struck you? A Yeah. I remember in the fall of '98 we had gotten into an argument one night. And he jumped up to get out of bed. Well, so did I. And I ran into the kitchen, because I didn't want him to grab ahold of me. And when I came back in from the kitchen into my living room, he had grabbed me by the back of the hair. And he had thrown me down on the living room in front of the coffee table. When I went to try to get up, he came up and 25 he kicked me on the left side of my face. I fell back 16 '~ - >-,- . , ~"" '0 - o o 1 down. I went to try to get up again. When I went to get 2 up again, he stomped on my head. And I fell back down. I 3 went to get up again, to try to get away, and I remember 4 seeing him come back at me, and that's the last thing I 5 remember with that until I woke up in bed. And when I woke 6 up in bed, I had told him, I said something is wrong with 7 my head, I couldn't see out of my left eye, and I was 8 really sick and dizzy. And he had told me just to go back 9 to sleep, that I would feel better in the morning. 10 So I went to the bathroom because I felt 11 really sick, like I was going to vomit. And I had to hold 12 onto the walls to walk. So I went into the bathroom. And 13 at that point in time I still really didn't remember what 14 had happened. And then I saw my face. And I went back and 15 got in bed and laid there for a little while. And then I 16 had questioned him about it. And I got up and I went to 17 work. And when I went to work I could barely give out my 18 medications or anything because I was so tired. All I 19 wanted to do was sleep. So from there they sent me to the 20 emergency room at the Chambersburg Hospital. And I had a 21 CAT scan done. And they diagnosed me with post-head 22 23 trauma. Q Again, did that incident occur in the 24 evening ~t your home? 25 A Yeah. That was around midnight. That was 17 - , ~ ~ ~-- o o 1 late at night. 2 3 Q A Was your daughter at home? No. She was not. She was with her father 4 that weekend. 5 Q Was there an incident that occurred at a 6 banquet at the Newville Fire Hall? 7 8 9 10 11 12 A Yes. Q Do you recall when that was? A That was in December of '97. Q Okay. Can you explain that to me? A They had the banquet. Then they had a dance after that. During the dance his one friend was standing 13 beside him, and he had made a sexual comment about a female 14 that had walked by. And I had told him to knock it off. I 15 said, you know, you don't need to start anything like that. 16 His name was Dave Bobb. So from there Dave picked me up in 17 the air and had called me a name and put me back down. And 18 I went and I got my stuff. And I came in and I told Troy, 19 I said, Troy, I am going to go home. I said, do you want 20 to stay here, or do you want to come along with me. And he 21 started -- he screamed at me really loud. And I went to 22 turn away to walk away from him. When I turned to walk 23 away from him, he grabbed me by the back of the hair and 24 pushed me over to a table and kept hitting my face down on 25 the table. 18 ,-I _I ;~j o o 1 2 3 4 5 Q Did anybody witness that incident? came. A Yes. Q What happened after that? A He and I had went home. Officer Pickney Nicole Griffie had called 911. And Officer Pickney 6 was on duty. He responded to the firehouse. He spoke with 7 the other party, Dave Bobb, and his wife, Tammy Bobb, to 8 try to get Troy off of me. He never spoke with us. So, 9 you know, I never...I don't think nothing came out of 10 that. I didn't -- nobody pressed any charges against 11 anybody. 12 Q Do you recall the next incident when he 13 struck you? 14 A I remember in the spring of '99 I was in 15 school. And I didn't go to school one day. My eye was all 16 messed up from him. He grabbed me by the back of the hair 17 and was hitting my face in the carpet, like smashing my 18 face in the carpet. We got into an argument. I don't even 19 know what we got into an argument about. And he was just 20 like smashing my face on the carpet. And I didn't go to 21 school that day because my eye looked really bad. 22 Q Do you recall that to be the spring of 1999? 23 24 A Yes. Okay. Do you recall any other incidents? Q 25 Is there an incident when you -- 19 _ _ J '~ " .~~ o o 1 A I know Thanksgiving of '98, November of '98, 2 we were making dinner. And we had gotten into an argument 3 because he was going to go to the firehouse and take 4 somebody out on driver's training. And I had asked him to 5 just stay home with us for the day, because he really 6 wasn't at home much because he worked a lot. And when he 7 wasn't working he would go to the firehouse. And I asked 8 him if he could just stay home with my daughter and I for 9 that day. And we got into an argument about that. He had 10 kicked me off the chair. And my daughter did see that. 11 She was there for that. He left. So I followed him to go. 12 We went up to the firehouse. And in that time, friends of 13 his, John Szczypta, he was on duty. He was also a Newville 14 police officer at that time. And his wife Jessica she came 15 to the house while we were going up to the firehouse. And 16 then she did stay at my house with my daughter until I got 17 back because there was stuff on the stove. 18 Q Did you sustain any injuries in that 19 incident that you recall? 20 21 22 23 24 25 A Q No. I was just knocked off the chair. Okay. Was there an incident after you went to dinner with your father and your stepmother in 1999? A Yes. Q A Do you recall when that was? I believe it was around Father's Day or 20 - ^" '-, ,- ~ '. > I " o o 1 July. 2 Q What happened? 3 A We had went with my father and my stepmother 4 for dinner to a place in Waynesboro. And on the way back 5 from that he had an ambulance call or something. And I 6 forget now what happened. But anyhow, we got into an 7 argument in the car. He was driving and I was the 8 passenger in the front seat. He had taken me by the back 9 of the hair and pulled me between the passenger seat and 10 the driver's seat. And his hand had hit me in my nose. 11 And I sustained a bloody nose from that. And I had a 12 bloody nose. He left to go to the firehouse in my car. I 13 didn't even have keys to get into my house. I had to go in 14 through my bedroom window. 15 Q Any other incidents that you recall in 1999? 16 A I can't remember if this was '98 or '99. 17 But I know one time I was on the couch sitting. We got 18 into an argument. And he threw a glass cup at me. And it 19 hit me on my left shin bone. And it took like a big chunk 20 of my skin out, which I still have the mark now. And my 21 leg bled really, really bad. 22 But, you know, I would ask him like whenever 23 he would strike me and throw me down and stuff, I would ask 24 him, well, don't you feel bad for doing this. Or why don't 25 you ever say you are sorry or something. And he would say, 21 ~ ,. L .- ~-- I '-~i o o 1 well, I would tell you I was sorry if I did something 2 wrong. But he would say that he never hit me, that I was 3 just acting psychotic and I was crazy and stuff like that. 4 He would tell me that he has never touched me. And he also 5 would tell everybody at the firehouse that I was nuts and 6 crazy. 7 Q Did you ever discuss with him the 8 possibility of filing a PFA, and what was his response? 9 A Yeah. I have discussed it with him. I know 10 two years ago when that incident happened when I worked at 11 Sarah Todd, when the District Attorney's Office was 12 involved, he had said that, you know, more or less nobody 13 would believe me because I am crazy. He would always say 14 that I was crazy. 15 Q Was there an incident in August of '99 when 16 you sustained a neck injury? 17 A Yes. 18 Q Can you describe that? 19 A Yeah. He had grabbed me by the hair once 20 again and had 21 MR. TULLY: When was this? 22 THE WITNESS: August of '99. He had shook 23 my head around. My muscle in my neck and my tendons and my 24 ligaments right now are torn. And I am going to physical 25 therapy for that. 22 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 , ~ v' . ," ~ ,- ;;,.;,.~.. - , -bi; ,', <, o o 1 BY MS. VERNEY: 2 3 4 5 Q And you saw a doctor for that? A Yeah. Dr. Pion in Newville. And he had given me muscle relaxants and told me that if it wasn't better within two weeks then to see a physical therapist, 6 which I see one. Q Okay. Now, since he moved from your residence in September of 1999, have you still had contact with him? A Q A Yes. And what has that contact been? I would call him at work or at the firehouse. He would call me, usually by my cellular phone, because he didn't have my home telephone number, or he would page me, or I would page him. Right before -- I guess right in the beginning of February, the last time I had any communication with him, he would call me a lot and accuse me of being with everybody, the police department, the people at the firehouse. It would be everybody. Q Was there an incident in November of '99 when he called you after a man left your apartment? A Yes. Officer Martin was on duty in Newville. He had bought some Wolfgang candy from my daughter. He stopped in to pick up his candy. He left approximately at 2:00. At quarter after 2:00 Troy called 23 c_. L o o 1 me at my house, said some pretty nasty things to me. 2 Q Can you tell us what those things were? 3 A He accused me of having sex with Officer 4 Martin. He stated that it didn't take me long to turn my 5 lights off after he left. He wanted to know if I was in 6 the bathtub after he left. I denied all those allegations, 7 but he was still persistent with that. 8 Q Since he moved out in September, how 9 frequently has he called you? 10 A We would talk weekly. 11 Q Okay. And what was the nature of those 12 conversations? 13 A Mostly he would call and say you need to 14 tell me the truth about this person or that person. All I 15 want is the truth from you. 16 Q At anytime did he threaten you during those 17 phone conversations? 18 19 time. 20 21 22 23 A Yeah. I felt threatened by him all the Q A Q A Why is that? Because I was afraid of him. What would he say that would frighten you? I don't know if it was as much things that 24 he would say as do. 25 Q And what kind of things did he do? 24 ~ " 1 2 ,--- "'--<'~, o o A Q Just hit me and stuff. Okay. Now, recently in February he called 3 you, correct, can you describe those conversations? 4 5 6 A Q A He would just call me names. Well, what kind of names did he call you? He would call me a slut or a whore, a bitch. 7 He would tell me I wasn't a good mom. He would just make 8 me feel really bad. And I would try to tell him that I 9 wasn't with anybody and I wasn't doing anything wrong. And 10 he would just continue to call me names. 11 Q Okay. You have asked that a PFA order be 12 entered to protect you and your daughter. Are you 13 concerned that Mr. Wiser may harm your daughter? 14 15 16 17 18 19 A Q A Q A Q No. No. Not at all. Had he ever harmed your daughter? No. Do you want Mr. Wiser's guns confiscated? No. I still want him to work. You aren't fearful that he will harm you 20 with his weapons? 21 A I don't think he would. 22 Q The person who you have described that 23 struck you all those times, is he present in the courtroom? 24 Can you point him out, please? 25 A Right over there. 25 1 o o MS. VERNEY: I would ask the record to 2 reflect that the witness has indicated Mr. Wiser sitting 3 next to counsel. 4 BY MS. VERNEY: 5 Q Have you also asked the court to impose 6 costs for the PFA today? 7 8 9 awarded? 10 11 A Q Yes. And you have also asked that counsel fees be A Yes. Are there any other incidents that we Q 12 haven't talked about that you recall at this time? 13 A There was just so many that I can't remember 14 a lot of dates and stuff. I am sorry. 15 16 abuse occurred? 17 Q Well, can you estimate how frequently the A Well, it was more toward the end than it was 18 at the beginning. There in '99 it was probably I would say 19 weekly if not three times a month. 20 Q Okay. Now, did any of these injuries that 21 you described did you receive them from working? 22 23 24 A Q A No. Have you ever received an injury from work? I received one injury. I had scratches on 25 my arm from a resident. 26 -.' ,~ " "-, ,," .~ o o 1 Q Do you recall when that was? 2 A No. I know I was working at Shippensburg 3 Health Care, because I can remember filling out the 4 incident report. 5 MS. VERNEY: That's all I have. 6 CROSS-EXAMINATION 7 BY MR. TULLY: 8 Q Ma'am, if I can start with the incident that 9 you talked about that gave rise to the call to the D.A. 's 10 Office. Does that help you as to what incident I am 11 talking about? 12 A Yes. 13 Q That particular incident, apparently when 14 you were talked to by someone in the nursing home, that's 15 when you disclosed that supposedly these injuries came from 16 Troy, is that correct? 17 A That's correct. 18 Q Now, at some point you admit that you 19 basically called the chief back and said that it didn't 20 happen, that you received injuries from someone in the 21 nursing home, correct? 22 A That's correct. 23 Q And within a short period of time you were 24 fired from that same nursing home, correct? 25 A That's right. 27 1 ~d- o o Q As a matter of fact, the firing was based 2 upon allegations of physical abuse? 3 A That's right -- no, not physical abuse. 4 What do you mean physical abuse, from him against me? 5 6 Q A No, no -- From me against another resident? No. It 7 wasn't physical abuse at all. 8 Q Well, I think you said there was -- what was 9 the abuse that was -- 10 11 12 13 14 A Q A Q A They said mental. Oh, mental abuse? Right. And you didn't fight that firing, correct? No. I did not. 15 Q And you also indicate that Troy supposedly 16 would tell you that no one would believe you because you 17 were psychotic or nuts or something? 18 A That's right, yes. 19 Q Now, would part of that be based upon 20 sometimes your behavior would be wild and psychotic-like in 21 public? 22 A One time when we had got into a fight, I 23 remember this incident, that he had went to leave, I did 24 not want him to leave, so I held onto him and I was crying. 25 And Bernard Pickney came to the house and Troy had left 28 ~. ", - ~" - -~ ' " L ",",,-," o o 1 and went to the firehouse. I went up to the firehouse 2 after him, because he had something that belonged to me 3 that I wanted. So I drove up really fast. And I pulled 4 onto the ramp, you know, fast. And that might be the only 5 time that I ever did anything in public like that that 6 would seem that I was like not in a right mental state if 7 you want to say. I am not going to say psychotic, because 8 I am far from psychotic. 9 Q I was using the terms that you used in the 10 testimony. In other words, the behavior at some points 11 would be erratic on your part? 12 13 A Q Well, that depended on how I was treated. And many of these occasions where these 14 arguments occurred were you drinking? 15 A No. 16 Q And many of these arguments that occurred 17 did it also involve physical action on your part, in other 18 words, flailing and hitting? 19 A Never. I tried one time to push him off of 20 me when we were bed arguing and he had me by the face. I 21 went to push him away. And when I went to push him away, 22 it only got worse. I never ever after that did anything. 23 Q Have you in public in front of others struck 24 him, kicked him, slapped him? 25 A Never. 29 -'" - 1 2 :.-,- 1-- '.' o o Q A Never? Never. 3 Q And you described an occasion where you were 4 hospitalized for several weeks for depression, correct? 5 A No. It was three weeks. 6 7 depression? 8 9 Q Three weeks. Okay. Three weeks for A Right. And, again, you checked out early against Q 10 medical advice? 11 A No. I wanted to. Then they said that I 12 could not go because they thought I was a threat to myself, 13 because they thought I was still suicidal. So they wanted 14 me to stay. The next day they tried to sign a 302 or a 203 15 or something like that, and -- 16 17 Q A A 302 commitment? Yeah. And my dad had came in. And an 18 attorney was there, and they couldn't do it. There was no 19 grounds for them to do that. The problem was the 20 relationship that I was in. 21 22 on you? 23 Q It was your father that tried to get the 302 A No, no, no, no, no. It was the hospital. 24 Because, see, they didn't think that I was ready to go out, 25 so they wanted to file a paper on me to have me stay there 30 - " "-j O. , , . 1 for a little while. 2 Q Had you ever been treated for a mental 3 illness or depression prior to that? 4 A No. 5 Q Did you sometimes brag to other people that 6 you were psychotic? 7 A No. He would always say about me being nuts 8 and crazy. So, therefore, like when we would get into an 9 argument or something, he would always say to me, why do 10 you act the way you do. And I would say, well, because I 11 am crazy I guess. 12 13 14 15 16 17 18 19 20 21 22 23 24 Q The question was about other people? A Did I ever tell other people I was crazy? Q Yes. A No. Q Your ex-husband? A When I was in the hospital, he wasn't my ex-husband, if you are talking about Larry Christman? Q Yes. A He wasn't my husband. Q He is the father of your child though? A Yes. Q Okay. I am sorry. A That's okay. I know when I was in the 25 hospital, Larry, he came in to visit me all the time. And 31 . . . I ~ ~ , " o O. . , 1 he advised me to get away from Troy numerous times. And 2 then it got to the point where him and I -- he got involved 3 with another female, and him and I don't get along now at 4 all. 5 6 7 Q Okay. Do you know a Theresa Coyl? A Yes. Q Do you remember on occasion showing her a 8 bruise that supposedly was received from Troy? 9 10 Coyl a lot. 11 A I am sure I did. I used to talk to Theresa Q Do you remember an occasion the day after 12 you told her that Troy did it, in her presence telling Troy 13 that it wasn't him, it was someone in the nursing home, a 14 patient kicking you causing the same bruise? 15 16 A I am sure I probably did. Q In your petition there is a reference on 17 November 11 supposedly a call from Troy to you, correct? 18 19 20 21 22 23 A November 11th? Q Right. A Troy called me? Q Correct. A I don't remember the exact day. Q Well, let's just say in November of '99 24 there was an allegation that he supposedly called you? 25 A With a police officer that was at my house? 32 1 2 3 4 5 6 7 8 9 10 11 - -'"" "I ""-iII/IilAl_,: o o Q A Right. Yes. Q Isn't it true that you had actually paged him several times before he called you? A I paged him one time that evening, yes, I did. Q One time that evening or several times that evening? A I don't know how many times, honest to God I don't. I don't. I used to page him a lot. If he wouldn't call me back right away, I would get upset and I would feel 12 insecure. So I would just keep paging him, because, you 13 know, I wanted to talk to him. 14 Q Well, just to narrow the date down. This 15 November date in 1999, this would be the only occasion that 16 the other officer would have been at your house picking up 17 candy, correct? 18 A No. He came to my house frequently. Is 19 that what you are asking? 20 Q Since you didn't put a specific date, you 21 put down November of 1999, an incident where this officer 22 was at your house, and then there was a phone conversation 23 with Troy? 24 25 A Q Right. After-- About that person being at your house? 33 , _,___n 1 2 __~ '''" ''--''~J'! o . A Q That's correct. Okay. Would that be the only occasion in 3 November of '99 where such a scenario occurred, a 4 conversation with him following this officer's presence at 5 your house? 6 7 8 9 10 11 A Q A You mean in regards to that officer? Yes. No. He would accuse me of being with that officer quite frequently. Q I am talking about an incident where he would be at your house, and then there was supposedly a 12 phone call with Troy -- 13 A Oh, yeah. That would have been the only 14 time. 15 16 17 Q A Q One time? Right. I am just trying to narrow down the dates. 18 A Right. And his car, his personal car was 19 parked -- Troy's personal car was parked at the Laughlin 20 Mill that was across the street from my house. 21 Q Okay. That would have all been only one 22 occasion that that would have occurred, a car across the 23 street -- 24 25 car. A Right. His personal car, not the police 34 "" 1 2 3 4 5 6 7 8 9 10 11 12 .~ o o Q Do you know an Eric Byer? A Yes. Q Did you ever tell him that Troy Wiser never laid a hand on you? A No. Q And that you wouldn't stand for it if he did? A Oh, yes, I did, because I remember when Eric first came to the police force he had questioned Troy, because he had heard rumors that Troy used to strike me. And when he would come to the house one night, I told him, I said, you know, Troy has never hit me, because I wouldn't 13 take that, and this and that. And I did tell him that. I 14 tried to defend Troy all the time. 15 Q If you could just answer the questions. 16 Okay. And that incident again with Chief Hershey, the 17 throwing of the keys, was that a case where you were trying 18 to stop him from leaving your house? 19 A Yes. 20 Q And as a matter of fact, when you were about 21 to jump on his back, he turned with his hand and the keys 22 came into contact with you? 23 24 A Q No. That's not correct. Did you ever tell Chief Hershey that that's 25 what occurred? 35 .-~ i' "' L :-"-' ""1 o o 1 A No. I told Chief Hershey that Troy didn't 2 do that. The only time I talked to Chief Hershey 3 was -- the time I had called Chief Hershey was the very 4 first time he ever hit me, and that was across the face 5 with a boot. And that was when him and I first got 6 together. 7 Q Dealing with the set of keys incident, this 8 is the one that you actually had to call up the chief to 9 get him to drop the investigation? 10 A I asked him to, yes. And I had told him 11 that I had just fabricated it up. 12 Q Was that an asking him, or did you basically 13 curse at him and threaten to sue him if he didn't stop the 14 investigation? 15 A Oh, I don't remember getting that hostile. 16 I just told him I probably did swear, because I was 17 upset. I had a lot of pressure at home from that incident. 18 Q Well, that incident, did you have occasion 19 to talk to Theresa Coyl about that incident? 20 A Not that I know of. 21 Q Do you remember telling her that you were 22 just about to leap on his back when he turned around and 23 accidentally hit you? 24 A No. That's not correct. 25 Q You never had that conversation with Theresa 36 1 Coyl? 2 , ., -,,~ ~'1ii o 0 A I never had that conversation with her. I 3 wasn't even about to leap on his back. 4 Q Did you tell Troy Wiser around March of '99, 5 near Easter, that the best job he will have if he would 6 leave you is that he would be picking up stones along the 7 road, because you will finish his career? 8 9 10 A Q A No. You never told him -- I did everything to save his career. 11 Q You never threatened that you would ruin his 12 career if he left you? 13 A No. If I wanted to do that, I would have 14 done that two and a half years ago. I would have done that 15 at the beginning. 16 Q Did you recently tell friends that Troy 17 Wiser will come back running back to you within two weeks 18 if you filed a protection from abuse against him? 19 20 A Q Never. When you had your conversations with Jean 21 Peterson about this incident, about the assault, at one 22 point you said that he beat you, and then later you told 23 her that it was not true, that he never beat you? 24 A I told all of that, yes, I did. And, once 25 again, that was in order for him to not get in trouble at 37 'i,0,"-- ,- ,'. -~~ o o 1 work. 2 Q Now, dealing with these February calls, you 3 are making reference to him calling you. During that 4 period of time weren't you, such as like February 9th, 5 paging him? 6 A Yeah. I paged him clear up until -- well, 7 actually I had talked to him clear up until I had went to 8 get the PFA. That was a Friday. The last I talked to him 9 was the Friday. I filed for the PFA on that Monday. 10 Q And if he wouldn't respond to your first 11 page, you would continue to page him, is that correct? 12 13 14 15 16 A Probably. I would say yes. Q And when he didn't respond to your page on February 9th, originally you basically told him that you and your daughter were sick? A He paged me. And my pager was in my 17 bedroom, and I was really sick. My daughter and I both 18 were sick. And I heard my cellular phone ringing. So I 19 did get my cellular phone. And it was Troy. And he wanted 20 to know why I didn't call him back when he paged me. And I 21 said I didn't hear my pager going off, because Brittany and 22 I were on the couch sleeping. 23 Q And was there a following call on the 10th 24 when he called to see if you were feeling better and if you 25 needed anything? 38 6 7 8 9 10 11 12 13 -oj__' ~ .' - -, ,~~-- o . 1 2 A Q Yes, he did. Yeah. He did do that. And then I would imagine you told your 3 attorney to put in the petition that on February 11th he 4 supposedly called you and accused you of sleeping with 5 other men, is that correct? A Was that a Saturday night or a Friday night? Q I guess February 11th. I am going by the dates in your petition. A The one night I know I talked to him he was on the police car in Mt. Holly Springs. Q This date that you supposedly said that he was calling you to accuse you of sleeping with other men -- A Yes. 14 Q Isn't it true that in effect you initiated 15 calls first from your place of work on your cellular phone 16 and then when you got home? 17 A I was at work at 3:00. Actually I was 18 signing up for physical therapy. And my pager had went 19 off, and it had the firehouse phone number in it. And I 20 called him from my work to the firehouse. Then I had to 21 go. So I asked him if I could talk to him later. And he 22 said yeah. So I paged him back to talk to him later on. I 23 either paged him or called him, one or the other, but I did 24 talk to him after that. 25 Q Isn't it correct that the final 39 1 2 3 4 5 6 7 8 - ., I . . . o o altercations, such as February 13th of 2000, was when you called him because you had heard from Todd Reed and Todd Pinker that he was in Rod's Roadhouse? A That's right, yes. Q So the fact that you heard he was in a bar and not out with you, that really ticked you off and you were -- A No. It didn't tick me off. It kind of hurt 9 my feelings, because Troy would never take me anywhere in 10 public. He would never take me out to eat. And it kind of 11 hurt my feelings that he would go out and never went with 12 me. That's what bothered me. 13 14 Q Is it fair you got pretty explosive with him? 15 A No. I didn't get explosive with him. I 16 just asked him why he would go out like that whenever I 17 would want to go -- because he always told me, he said, 18 there is only two kinds of people in a bar, and one is a 19 slut and one is a drunk. And that's what he would always 20 tell me. But we would never do anything together unless, 21 you know, we would be at the firehouse. That's why it hurt 22 my feelings. 23 Q So when you heard he was in a bar, you 24 basically asked him which was he, a drunk or a slut? 25 Didn't you ask him that? 40 .-_L J . ~ o o 1 A Yeah, because that's what he called me all 2 the time. And I said, well, then which one are you if 3 that's what are in the bars. 4 Q And that's when you decided to file this 5 PFA, correct? 6 A No. I was deciding to file this PFA because 7 I feel afraid of him, that's why, from the history. I 8 mean, if you have somebody six foot four, three hundred 9 pounds, against somebody that's a hundred pounds, five 10 foot, you are going to be afraid too I think. 11 Q Did you also have a conversation with a 12 George Bigler, telling him that Troy never laid a hand on 13 you? 14 A No. Because I remember at one point in time 15 there was an accusation of George Bigler and I sleeping 16 together. His cousin's girlfriend had called Troy and 17 George Bigler's wife and had said that we were sleeping 18 together. When Troy came home from the firehouse, he 19 didn't tell me about it right away. I found it out from a 20 friend of mine. I questioned Troy about it. But when Troy 21 came home from the firehouse that day, he had shoved me 22 around. And I had a big mark on my face. And I remember 23 George Bigler telling me one night, that Saturday night at 24 Bingo, that he knew exactly what happened, that Troy did 25 that, because it just so happened right after that. So he 41 2 3 4 5 6 7 8 9 10 11 .~. - ~ ~ ", o . 1 is here, if he testifies, you can ask him about that. Q A Did you ever tell him that Troy -- No. I did not. I never told him that, never. Q If we could stick kind of close to the questions instead of going way afield on accusations of infidelity and things like that, okay? A Yeah. Q Wasn't it also common for you to telephone Troy Wiser at the firehouse? A Yes. 12 Q And if he wouldn't immediately return your 13 car, you would drive to the firehouse, squeal your tires, 14 jump out and start hitting on Troy, in front of other 15 people in the firehouse? 16 17 A Q Swear to God, no, never, never. Did you tell Tony Enyart, did you ever tell 18 him that you received numerous bruises from Alzheimer's 19 patients that you attended at work? 20 A No. I did not. 21 Q Did you ever tell Nicole Griffie, an EMT at 22 Newville, that the bruises on your body came from patients 23 you worked with? 24 A No. Nicole Griffie knew exactly what was 25 going on with him and I. So did everybody else in the 42 ," j I _J - ~, , '~ c o 1 firehouse. 2 Q Did you ever contact Jackie Jumper and ask 3 her to come in and lie for you? MS. VERNEY: Objection. THE COURT: Overruled. THE WITNESS: Do I have to answer that? MS. VERNEY: Yes, you do. THE WITNESS: I never asked anybody to lie for me. 4 5 6 7 8 9 10 BY MR. TULLY: 11 Q Did you not allege in your affidavit that 12 Troy Wiser continually assaulted you in August and 13 September of 1999? 14 A He had moved out in September. But he did 15 assault me in August and September. 16 Q And wasn't it that period of time that you 17 were asking Troy to marry you in the presence of Ralph 18 Smith and he refused? 19 20 A Yeah. I had asked him. Q But this was supposedly during a period, 21 according to this affidavit that you filed, that he was 22 supposedly continually abusing you? 23 24 25 A Not supposedly, he did. Q But during that period you wanted -- A Yes, I did. 43 ,~~ - , ',- -~ o o 1 Q -- him to marry you, and you were upset when 2 he wouldn't? 3 A I think I just more or less asked him that 4 just to carryon, because I knew he was going to say no. 5 Q During the period of time in December to 6 February, December '99 to February 2000, you indicated that 7 you were receiving numerous calls from Troy, is that 8 correct? 9 A What do you consider numerous, once a week, 10 twice a week? 11 Q Almost daily? I mean, I don't know, how 12 frequently were the calls? 13 A At least once a day. 14 Q At least once a day. Now, did you not tell 15 Stephen Wiser on February 2nd that you hadn't heard from 16 Troy, and things were working well for you, and you were 17 going to go back to Waynesboro? 18 A Go back to Waynesboro? 19 Q You were going to move to Waynesboro, excuse 20 me? 21 A That's right. I did tell him that. And 22 things were going okay there in the beginning. They were 23 going okay, 24 25 Troy? Q And you told him that you hadn't heard from 44 , , .,-"-, I "',.,-) o o 1 A I don't remember telling him that I haven't 2 heard from Troy, no. 3 Q Isn't it true that you assaulted Troy in the 4 Newville Police Department in the presence of Jeffrey Weir 5 in about December of '98? 6 A I threw a card at him, a note card. He was 7 cleaning out his desk. And I found a card in there of a 8 picture of a lady that he had sent roses to. And I threw 9 the card at him. But it did not hurt him. I mean, he 10 didn't have a mark from that. And I threw the card at him 11 and I left. 12 13 physical 14 Q Did you strike him, hit him, have any A No. I did not. I have never hit him or 15 struck him, ever. 16 Q In March of 1999, when Troy was coming out 17 of your apartment, did you throw a large Yankee candle at 18 him and strike him? 19 A Yes. 20 Q Did you have any other physical contact with 21 them on that occasion when he was trying to leave your 22 apartment? 23 A No. I stood at his car, and we talked at 24 his car. There was nothing. 25 Q Did you assault Troy outside of your 45 9 10 11 12 13 14 15 16 17 18 19 - o;~ _r~, _:___ ": I, o . 1 ~partment on another occasion in the presence of Michael 2 Rinaldi? 3 4 A Q Say that again? Did you assault Troy outside of your 5 apartment on another occasion in the presence of Michael 6 Rinaldi? 7 Did I assault him? I never assaulted him, A 8 ever. Q In May of '99 did you assault Troy inside the firehouse by grabbing his face and neck? A No. Q Did you assault him inside the firehouse by hitting him with your fists? A Never. Q Did you assault Troy inside your apartment and block his exit by standing in the door, requiring Troy to climb out the window in the presence of Mr. Spahr and Officer Pickney? A Yes. That is true. And I did tell you 20 about that incident. 21 Q You indicate that in the end of 1999 that 22 supposedly he kept calling you and annoying you, is that 23 what you allege in your petition? 24 A What month? 25 Q It would be the end of 1999, November or 46 ", ^-~ '- ". -- c . 1 December of '99? 2 A Yes. 3 Q And are you saying that those were unwelcome 4 annoyances and contacts by him? 5 A When he would accuse me of being with 6 people, that would be annoying, yes. 7 Q But in December of 1999 when these things 8 were supposedly going badly, and you heard that he was 9 involved in an auto accident, did you rush to the scene and 10 actually appear in the newspaper photograph with him? 11 A No. I was on my way down there to have my 12 registration signed over to me on my car. I told my 13 girlfriend that I was with to go down there, because I saw 14 the police car. I knew he was on duty. And I said, we 15 will go down there. I will see how long he is going to be 16 at this accident, if he wants me to come back or not. So 17 when I walked down to ask him how long he was going to be 18 at the accident for the report, I had seen that he was the 19 one involved in the accident. That's why I was there. I 20 didn't even live in Newville at that time. I still lived 21 in Shippensburg. 22 Q Okay. Did you tell Velma Christman on 23 February 12th that as soon as Troy Wiser removed his name 24 from the title on the automobile you were going to take him 25 down by filing a PFA? 47 -,,' .",,.-,1 ",-- 1-. ~~ '; o 0"' , ,~ 1 A No. No, I did not. 2 Q No such conversation? 3 A No. But I did tell Troy one other time that 4 if he did not sign off my car, his name off my car, that I was going to the mayor and to the chief about that. Q Did you threaten - - A And then he never did sign it off. And I did go to the mayor, and I did go to the chief about that. 5 6 7 8 9 Did you threaten Larry Christman that if he Q 10 didn't comply with your requests on Brittany that you would 11 file a PFA on him? 12 A No. Never. Why would I file a PFA on 13 Larry? 14 Q You mentioned the neck injuries that were 15 involved. Where did you receive your therapy? 16 A At Manor Care, Chambersburg. 17 Q Did you receive therapy at any other 18 location? 19 20 21 22 23 24 25 A No. Q Who is the therapist that you received it from at that location? A Frank Collins. Q And would you like to tell us when you first went to see him for the physical therapy? A February of '99 - - or 2000. 48 ~. . 1_ o o 1 Q So, in other words, this injury supposedly 2 occurred in August of 1999? 3 4 5 6 7 8 9 therapy A Q Yes. And the first time you go for physical A Q A Q Is February of 2000. February 11th of 2000? That's correct. And that would be approximately a day or two 10 before you signed the verification on this PFA complaint, 11 correct? 12 13 14 BY MR. TULLY: 15 A Correct. MR. TULLY: With the Court's indulgence. Q When you went to the Chambers burg Hospital, 16 for whatever the injuries were on that occasion, what did 17 you tell them was the cause of your injuries? 18 A I told them that I had fallen down and 19 struck my head. I did not tell them what happened. 20 Q That you had fallen down? 21 A I told them I fell down. 22 23 24 25 Q A Did you tell them where you fell down? I told them I fell down at home. MR. TULLY: I have no further questions. THE COURT: Anything else? 49 ~ - l .~~~ . "' " . . o o 1 MS. VERNEY: Just a few, Your Honor. 2 REDIRECT EXAMINATION 3 BY MS. VERNEY: 4 Q Why have you decided to come forward at this 5 time? 6 A Because I am afraid of him. I don't feel 7 that 1 am able to get on with my life. I am in fear a lot 8 of times when I go places that he is going to be around. I 9 am afraid to start going out or dating somebody because of 10 what he might do to me. He has threatened before that if 11 he has ever caught me with somebody else that he would kill 12 me and him. 13 14 MS. VERNEY: That's all I have. THE WITNESS: And he would be able to get 15 away with it because he is a police officer, and there is 16 ways that he can do it and cover it up. 17 MS. VERNEY: That's all I have, Your Honor. 18 RECROSS EXAMINATION 19 BY MR. TULLY: 20 Q The decision to file this PFA was after he 21 22 23 24 25 refused to have anything further with you and he wanted to end this relationship, correct? A No. That's not correct. MR. TULLY: No further questions. THE COURT: You may step down. 50 - o o 1 THE WITNESS: Thank you. 2 THE COURT: Okay. We have a real logistical 3 problem which we now have to confront. We set these cases 4 on an emergency basis, as counsel is aware. But that 5 doesn't mean that all the other business of the court 6 stops. And I have a matter set at 10:30, which has been 7 scheduled for many, many weeks. It is a status conference 8 involving numerous lawyers and numerous parties, who have 9 traveled distances to be here. And it is impossible for me 10 to continue this beyond 10:30. And I cannot resume until 11 1:30. She has made out a prima facie case. So I would now 12 like to hear from your client. And then we will clean up 13 the loose ends. Some of it may result -- there may be some 14 witnesses that don't have to be called. She has, after 15 all, admitted many of the things that I think you had 16 proposed to say. And I am still not quite sure I 17 understand what his position is. So once I know that, I 18 think we can put the rest of the testimony in better 19 perspective. Okay. 20 MS. VERNEY: Your Honor, just to advise the 21 court, I have a 1:30 hearing this afternoon in front of 22 Judge Guido. 23 24 another day. 25 Whereupon, TROY WISER, having been duly THE COURT: Well, then maybe it will be 51 1 , I " . _.~ o . sworn, testified as follows: 2 DIRECT EXAMINATION 3 BY MR. TULLY: 4 5 6 7 8 9 Q A Q A Q A Sir, would you please state your full name? Troy L. Wiser, W-i-s-e-r. Where do you live, sir? P.O. Box 181, Newville, Pa., 17241. And where do you work, sir? Full-time for Mt. Holly Springs Borough 10 Police Department, part-time for Newville Borough Police 11 Department. 12 13 14 15 16 17 18 capacities? Q And how long have you worked in those A Q I have been a police officer for ten years. Did you have occasion to encounter one Michelle Gehr and to establish a relationship? A Yes, I did. Q And you heard her testimony regarding how it 19 started, and her calling you at the station after the 20 21 22 23 ticket? A Q A Yes, I did. Did you go to her house? I didn't think it was the same night, but I 24 did, within the next day or so. 25 Q And did you go there under invitation? 52 - - :I:~ ~ c o 1 2 A Q Yes. She invited me out. Okay. So at some point a relationship 3 occurred, correct? 4 A That's correct. 5 Q Now, you heard her description of what 6 supposedly occurred during the course of that relationship? 7 A Yes, I have. 8 Q You heard her make some allegations about 9 from close to the beginning of the relationship that there 10 were physical altercations between you where you harmed 11 her? 12 A Yes, I did. 13 Q What occurred in your relationship? Was 14 there any physical contact initiated by you against her? 15 A For the first occasion whenever she claims 16 that I hit her alongside the face with a boot, that never 17 occurred. She came charging at me after she had had an 18 affair with a state trooper. 19 Q Well, is it fair to say that there would be 20 some tumultuous disputes that went on in this relationship, 21 correct? 22 A There was many. 23 Q And what was her reaction to those 24 arguments? How would she behave in this relationship? 25 A Some days you couldn't ask for a nicer 53 - ,',.' ",,'<- ., o o 1 person. And then other days, as she indicated, whenever 2 she paged, if I didn't call her right back, I mean, there 3 was hell to pay. 4 5 6 7 8 9 10 11 was to get to the door before I did or to grab my keys. 12 Because she thought if she had my keys that I would not go. 13 Q And was that just verbally, or was she physical as far as these arguments? A Oh, both. Both verbal and physical. Q And on the other occasions where she has alleged that you have had physical contact with herl did you harm her in any way? A No. I always attempted to leave. Her game Q So are these occasions occurring when you 14 are attempting to leave and she is trying to stop you? 15 16 A Q Yes. Perhaps the best way to go through for the 17 court's following as well, take the factual allegations 18 from the petition and address them in that order. The 19 February 9th and 11th, 2000, where it she says that you 20 paged or telephoned her and called her derogatory names, 21 and accused her of sexual activity with others, is that 22 what occurred on February 9th and 11th? 23 24 25 A Q A Could you get my calendar? would a calendar assist you in Yes. 54 5 6 7 8 9 10 11 12 13 14 . , ~- :1 o o 1 2 3 there. 4 Q A Where is that? It is the big one in the pile of papers THE COURT: If there is any other papers you need, just have them brought up. BY MR. TULLY: Q How about if I just bring this pile of papers up, would that be saving me trips down the road? A You are not getting the calendar though I can tell you that. Q Is the thing with the truck on it the calendar? A Q You have got it. There we go. 15 (Papers handed to the witness) 16 A Yes. On February 9th she had called me at 17 the firehouse in the evening. And she was obviously ill. 18 And she was really, really upset, because she said nobody 19 cared about her. And her and Brittany were both ill. And 20 I apologized, because I told her I had no idea that she had 21 been sick. And I had asked how she was. And then she 22 wanted to know when we were going to get back together. 23 And I informed her that I didn't see that happening. 24 Q So, in other words, she was calling you and 25 you were not maintaining any additional effort in the 55 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o o 1 relationship? 2 A No. And she knew that from whenever she 3 called me and said that her girlfriend and her were buying 4 a house and wanted me to move in the east wing with her, 5 and I told her no. 6 Q So these phone contacts, instead of you 7 calling her, it says here calls were initiated by her to 8 you? A Yes. She called me. Q And then there is an allegation November 1999, defendant was seen parked outside of her apartment for an extended period of time. After another man left her apartment, the defendant called plaintiff and asked if she had sex with the man who had left. Do you recall that allegation being made against you? A I read it in there. And I had no idea what she was talking about until whenever I was reading the allegation Officer Byer was standing there, and he told me exactly what night it was. And he even allowed me to use his C-phone to call her back after she paged me three times. Q Slow down a bit. When you had a conversation with Officer Byer, did that refresh your recollection on the occasion? A I remembered the incident, but I was no way 56 .'- '"' ,I. c . 1 setting there stalking her. 2 Q No, I understand. But it lets you remember 3 the occasion when you were by her house with your personal 4 car there and another officer at her house, correct? 5 6 7 you doing? 8 A Q Yes, What happened on that occasion? What were A On that evening I had finished up some paper 9 work. And Officer Byer and Officer Martin were on duty, to 10 my belief in the same car. Officer Byer was being coached 11 by Officer Martin is what I believe. I saw the car setting 12 at the mill. And I stopped in, and it was Officer Byer by 13 himself. And I jumped in the cruiser. And I worked most 14 of the rest of the shift with him. 15 16 Q A Was Officer Byer a new officer at the time? Yes. He is the rookie. 17 Q And you said you were working with him. 18 What was the detail that he was on at that location? 19 20 21 22 A Q A Q Running Vascar. Vascar is speed-timing device enforcement? Yes. And what occurred while you were working 23 that Vascar detail with Officer Byer in his car? 24 A We did have an occasion to do a traffic 25 stop. And we had done a traffic stop at the intersection 57 ~ - -~- - ~'. o o 1 of Main and Corporation Street, which Officer Byer did 2 issue a citation. And while we were there, after we 3 returned back in the car, Officer Martin had arrived on the 4 scene and backed into an alley. And he set there and 5 observed as we were conducting the rest of the traffic 6 stop. 7 Q Okay. And what contact if any occurred with 8 the plaintiff on this particular occasion or the 9 petitioner? 10 A As I stated, while we were setting in the 11 cruiser writing the citation, Officer Martin was across the 12 street. I had received three pages, everyone of which that 13 I have showed Eric. And he said, here is my C-phone. You 14 might as well call her. She is not going to stop paging 15 until you call her. 16 Q When you received these pages, these are 17 numerical pages? 18 A Yes. 19 Q And what number was appearing on your pager 20 in the presence of Officer Byer on that occasion? 21 22 23 24 25 repeated pages? A Q A Q 776-6393. And what number is that? That is Michelle's home telephone number. And what time frame passed between those 58 , " 3 4 5 6 7 8 9 10 11 12 , 1 -Jh'-l ~." o o 1 A I am going to have to say there was three 2 within five minutes. Q Okay. At the conclusion of the third one of that five minute period, that's when the officer handed you his cell phone? A Yes. Q And what did you do with the cell phone? A I called her. And at that point in time she had asked me if I was coming down. Q And this is in the presence of Officer Byer? A Q Yes. And what did you say when she said are you 13 coming down? 14 A I told her no. 15 Q Then what happened? 16 A She got heated. And I don't recall if I 17 went down that night or not, But she got very upset, and 18 said all I ever want to do is go to the firehouse and ride 19 with Officer Byer. 20 Q Okay. So did you call her that night and 21 ask her if she was having sex with the man who had left? 22 A No. I did not. 23 Q From September of '99 to December of '99 24 defendant called plaintiff at least twice a week and asked 25 her who she was sleeping with. That's the allegation on 59 1- c', " ,,_, I. o A V 1 the complaint. Did you call her frequently during that 2 period of time asking her that question? 3 A I am not going to tell you that I haven't 4 called her. I called responding to her pages, but they 5 were initiating the phone call or calling around looking 6 for me every time I stopped at the firehouse or the police 7 station. They would say Michelle just called looking for 8 you, And I believe there is some phone records there from 9 her home phone that could prove that. 10 Q In October of '99 while defendant was 11 visiting plaintiff an argument ensued, and the defendant 12 pushed plaintiff down, causing her to strike her head on a 13 coffee table. Was there ever such an incident occurring in 14 October of '99? 15 A No. Absolutely not. 16 Q There is an allegation, defendant threatens 17 to smash plaintiff's head through a wall, smash her face 18 through the back of her head, and that is really going to 19 hurt her. He has threatened that if he ever catches her 20 with another man he will kill her, and he would get away 21 with it because he was a police officer. And that you 22 threatened to harm her if she reports these incidents of 23 abuse to the police. Did anything resembling that 24 allegation occur? 25 A Not even remotely true. And the favorite 60 .,.'- ._~ ~ o o 1 saying, I will smash your face through the back of your 2 head, was her favorite saying on her nine year old 3 daughter. 4 Q That would be an expression that she would 5 commonly use? 6 A Very much so. And anybody that ever talked 7 to her on the phone for periods of time could testify that 8 that is one hundred percent true. 9 Q Then there is a set of allegations based 10 upon prior abuse as are alleged here. It says September 11 '99 defendant was at plaintiff's residence and an argument 12 ensued, during which defendant grabbed plaintiff's hair and 13 threw her into the living room. Did any incidents such as 14 that occur? 15 16 A No. In August of '99 defendant became angry with Q 17 plaintiff and smashed her face into the mattress, screaming 18 and using foul language. 19 A Absolutely not. 20 Q Okay. Then she alleges August '99 defendant 21 hit plaintiff along the side of the head, jerking her neck, 22 causing injury for which she sought medical attention, and 23 that she continues to receive physical therapy for her neck 24 injury. 25 A When I read that, I was just as stunned as 61 OJ' ,. -,I.. ",""r' o o 1 what you are. 2 Q And then it says July '99 defendant attacked 3 plaintiff in an automobile by grabbing her face and 4 smashing it into the driver and passenger seats, causing 5 her to suffer a bloody nose. Do you recall any such 6 incident in July of '99? 7 A No, I do not. However, when she was 8 referring to me going on an ambulance call, we were 9 returning from her father's. I do recall of an incident 10 like that, but I did not take her keys. The fact was I had 11 my keys. And we had parked at the firehouse for me to go 12 on an ambulance call. And if she would have had a bloody 13 n0ge, people that helped her get in the house would have 14 saw it. This is bogus. 15 Q Then there is an allegation that originally 16 said January 1999, and then they amend it here in court 17 today to October '98. That you, during an argument, threw 18 her to the floor and kicked her in the head. And when she 19 tried to get up, you stomped her head, causing her to lose 20 consciousness, and that she later went to the Chambersburg 21 Hospital. Did such an incident occur in either January of 22 '99 or October of '98? 23 A No. There was no incident where I threw her 24 on the ground and kicked her in the head. There was an 25 incident around that time frame when she kicked the door 62 ~ L . i o 0.'. ". 1 off the hinges trying to get into the bedroom after me. 2 But I did not kick her in the head or kick her and throw 3 her to the floor. 4 Q Did she kick the door off to the bedroom 5 coming after you? 6 A Yes, she did. 7 Q The next allegation, during 1999 physical 8 abuse occurred approximately twice a week. Any truth to 9 that? 10 A Absolutely not. I mean, we 11 worked obviously I do shift work in Mt. Holly. And a 12 lot of times I would be there to take care of her daughter 13 because she was working. The weekends she worked 7-A to 14 7-P. There is no truth to that at all. 15 Q And then in 1997 the defendant threw keys at 16 plaintiff causing bruises. Do you recall an incident 17 involving keys? 18 A Yes, I do. And I never threw my keys at 19 her. I was across the street, walking up the street, I had 20 two briefcases, my camera bag and a camcorder in my hand. 21 I was leaving. I was determined I was walking to Newburg 22 because she wouldn't let me get in my car. And that is 23 when the cars accidentally had hit her in the face. There 24 was no intention of it. And it was only because it was 25 a -- she came up and struck me in the middle of the back 63 '171 . . ~ ~-'- - ...I ~.~~ "Iii, o CD 1 twice. And the third time I thought she was going to 2 strike me again, but I think she was jumping on my back 3 when I came around and I hit her accidentally. 4 Q So at no time did you throw your keys? 5 A No. I did not. 6 Q And the time this occurred, what was she 7 doing to you, when the keys came in contact with you? 8 A She was jumping on my back. She had already 9 hit me twice. And she was jumping on my back. She was 10 always very insecure, that if I left I would never come 11 back. 12 Q Then there is an allegation in '95 or '96 13 that defendant took his service revolver to his head and 14 threatened to kill himself. Do you recall any such 15 incident to that effect? 16 A There was no incident to that effect. I 17 remember her alleging in her hospital stay that I had 18 pulled my gun out and threatened to shoot her and myself. 19 And there is no truth to that at all. 20 Q Was anything testified to by the plaintiff 21 today, even if it was outside the parameters of the 22 complaint, any of the allegations of supposed abuse that 23 you recall ever occurring? 24 A If there is stuff that she said was true, 25 like if 1 wouldn't call her back she would get very angry. 64 -,J___ o o 1 She did when she called me on the morning of the 13th, 2 which was a Sunday morning, when I was on duty in Mt. 3 Holly, her C-phone reflects calling me. And I have an 4 incoming C-phone. She told me she was very explosive, and 5 she didn't know what she was going to do. She was pissed 6 off because I had went to a bar and I never went with her. 7 But as far as the things she is alleging that I downright 8 did to her, it is made up one hundred percent. I am not 9 going to sit here and tell you we had a perfect 10 relationship, we never had arguments. We had quite a few 11 arguments, and as she testified earlier, it was always my 12 goal to get away and leave, because I am not a violent kind 13 of person. 14 Q When the arguments occurred you would 15 attempt to leave? 16 A Every time. And she knew it. And her goal 17 was to get in front of the door or grab my keys. And the 18 one time I was able to have Officer Pickney and Mike Spahr 19 at my location, and Officer Pickney had trouble maintaining 20 her. As I was climbing through the window, she was 21 grabbing onto my feet trying to pull me back. And I 22 climbed through a window out onto the street to get away. 23 And that's when she came flying up to the firehouse and 24 almost ran over children. 25 Q In this relationship were there occasions 65 " I ~ u o . 1 where she would be violent with you? 2 A Several. And up at the firehouse one time I 3 had gotten away from her. And she came up there, and I was 4 setting there and just continued to work on reports. And 5 she grabbed ahold of my head, and she turned around and 6 grabbed me like a grandma would grab you and jerked my jaw 7 around, and said when I am looking at you, you will talk to 8 me. And she didn't like my response. And she hit me. And 9 10 I just sat there. There was witnesses in the office. did not touch her. I 11 One time in 1999 I was on my way out the 12 door, I had to go, I got my keys. She picked a Yankee 13 candle up and threw it. It hit me in the middle of the 14 back. There was marks on my back. And before I got into 15 my car, I went and retrieved the candle, and I put it in my 16 car. And she stood at my car with the car door open in the 17 traffic and insisted that I give her that candle because I 18 wasn't going to use it for evidence against it. And so in 19 order for me to go work and not be late, I gave her the 20 candle back. 21 Q How long have you been trying to end this 22 relationship with her? 23 A Virtually since her affair with the state 24 trooper. I knew that it wasn't going to work. And when I 25 met her, she was in a real financial bind. And she was 66 - ~ - -' ^!Jt o . 1 real behind. And I done everything I could for her. I 2 paid off her credit card bills. I paid up her trailer 3 because she was in the process of losing it. Her electric 4 was behind. And I caught everything up for her and helped 5 her out. And she was currently off work. I don't know for 6 what. She had told me that she was on a leave because she 7 was having some mental problems. And she was taking 8 medication. I heard her testify earlier that she never had 9 any before that. But that's what she had told me when I 10 11 met her. And she was not working. She Church of God, but she wasn't working. was employed by the And I have done 12 nothing but try to help her and help her with her daughter. 13 Q The question was at what point did you try 14 to end the relationship? What time frame had you been 15 trying to pullout of this? 16 A I am going to tell you that it would have 17 been -- the time that I really got serious and tried to end 18 it, it would have been when she went in and signed herself 19 in to Carlisle Hospital. And for a week while she was in 20 there I assumed that everything was going good. And then 21 she started calling me from the fifth floor of Carlisle 22 Hospital. She would call me three or four times a day. 23 And from there I left her talk me into it. She promised 24 she would get help and she would work things out, and 25 things could be better. 67 1 J -j o . Q After that did you attempt to get out of the 2 relationship again? 3 A Yes, I did. That would have been the 4 incident where she alleges that I threw my keys at her. 5 And 1 didn't. 6 Q When you tried to end the relationship,what 7 happened then? 8 A That's when she said that she was going to 9 file all these reports. And I told her that if she wanted 10 to do that she could do it, but there was no truth to it at 11 all. And she told me people would believe her, and she 12 would make my life hell before people didn't believe her. 13 MR. TULLY: Thank you. I have no further 14 questions. 15 CROSS-EXAMINATION 16 BY MS. VERNEY: 17 18 19 20 21 22 23 Q A Q A Mr. Wiser, how much do you weigh, sir? I weigh about 245, 250. And how tall are you? I am six-four. Q And do you know how much Ms. Gehr weighs and how tall she is? A I am assuming she is around five-four, 24 five-five and probably a hundred pounds. 25 Q Did you ever tell her that she had messed up 68 .J- -. .~~i o . 1 your mind? 2 A I am not going to say that I haven't. There 3 was a lot of discussion. And she accused me of messing up 4 her mind. And I accused her of messing up my mind. 5 Q And what did you mean by that when you said 6 that to her, and how often did you say it to her? 7 A It wasn't very often. The one time that I 8 remember is whenever we were laying in bed and she was 9 having a conversation with me, and she said we are pretty 10 much in a fatal relationship, aren't we. 11 Q You indicated that you had been trying to 12 break up this relationship since 1996, for three years, 13 four years? 14 15 A Q Yes. And you just did it now in September of '99, 16 is that correct? 17 A Even though we broke up in September of '99, 18 she still called me on a regular basis. We still talked. 19 And up until January, I believe is the date, I would have 20 to check my checkbook, up until January, when I told her 21 she hurt me, and I tried to leave her house in 22 Shippensburg, and she was trying to stop me as I was 23 crying, and I just sat down, because I didn't want to be in 24 the middle of an incident. I sat on the edge of her couch. 25 Up until then she had thought there was still a chance we 69 J L- o o 1 would work things out. 2 Q And even after you moved out, you continued 3 to have sexual relations with her, didn't you? 4 A Yes, I did. As I told you, we were 5 still -- she still considered it going out. And 1 still 6 considered it giving her a chance. She had been 7 seeing -- she promised me, that she was seeing a 8 psychiatrist in Chambersburg, and that she was going to 9 make things better for herself, and we could have a good 10 relationship. And I wanted to believe her. 11 Q You indicated that the November of '99 12 incident, where your car was parked outside her house, is 13 that correct? 14 A Yes -- well, no. It was not parked outside 15 her house. It was parked at Laughlin Mill off the road. 16 Q And how far from her house was that? 17 A Two tenths of a mile. 18 Q Could you see her house from where you were 19 parked? 20 A I was sitting in the police cruiser with 21 Officer Byer. Yes, I could see her house. 22 Q And what prompted you to be in that 23 location? 24 A As 1 indicated, I was looking for Officer 25 Byer and Officer Martin, when I found Officer Byer sitting 70 I . . . Q location? A Q A Q location? A 13 Q And why were you looking for them? To see how things were going. And I wanted 14 A 15 to talk to Greg, Officer Martin. 16 Q And it is not true then that you called 17 Michelle from the firehouse right after Officer Martin left 18 her house? 19 A That's not true. 20 Q Now, you indicated that let me make sure 21 I understand this. You actually admit to causing some 22 injury to her, but you say that the keys -- you didn't 23 throw them at her, you just hit her in the face with them? 24 A That's correct. We were across the street 25 going up. And there was no intention of even hitting her 71 9 10 11 12 13 14 15 16 17 18 19 20 21 22 -'1 o . 1 with the keys. It was the fact that that was the third 2 time she came at me. And the first two punches of her fist 3 like this in the middle of my back hurt, whether she is a 4 hundred pound, whether I am 240, it hurt. 5 Q Did you see the bruises that she sustained 6 from that incident? 7 A I saw the small cut or whatever laceration 8 between the eye that she alleges my keys did to her. Q And you say that that did not occur at that time? A I am telling you that I thought it was my hand. She says it was the keys or whatever. I thought it was my fingernail that made the scratch. I did not throw my keys. And there was nothing intentional. I wasn't even looking whenever that injury happened. I was walking up the street. As a matter of fact, we were probably a tenth of a mile away from her house, and she was chasing me in her stocking feet begging me to come back. Q And the incident that Michelle talked about with the boot, you deny that that ever occurred? A It did not happen. Q The incident at Thanksgiving, when you 23 knocked her off the chair in the kitchen, you deny that 24 that occurred? 25 A I didn't knock her off the chair and kick 72 .., oJ." ",,"h-.__ ", .,,~ CD . 1 her. Right. I deny that. That's not what happened. 2 Q The hospitalization in April of 1996 here at 3 Carlisle, wasn't that because of the relationship with you? 4 A Because I informed her that it was over and 5 I left, and she had called her friend and said she was 6 going to commit suicide, yes, that's why. 7 Q Do you recall an incident at the Newville 8 firehall in December of 1997 where you grabbed her by the 9 hair and smashed her face into a table? 10 A If you are referring to the incident at the 11 banquet, it was not in December. It would have been in 12 January of 1997, at our fire company banquet. And, yes, I 13 do remember the incident, but I did not smash her head into 14 the tables. 15 Q What did you do? 16 A At one point in time she was standing there 17 making her rude comments to one of my friends. And when 18 somebody walked by he made a comment in reference to me and 19 that girl. And that upset Michelle. And she wailed off 20 and cracked him across the side of the face. And I mean 21 she hit him hard. At that point in time I didn't really 22 observe what occurred, or I would have put a stop to it. I 23 didn't know until Michelle told me that I was an ignorant 24 bastard because I didn't defend her when Dave Bobb had put 25 both hands around her neck and lifted her off the floor. 73 .. '-p J " "', i -'" o o And then I told Dave, whenever she came back she was upset and leaving, and she was crying, I told Dave that it wasn't kosher what he done. I mean, I was sitting right there, but I did not see him lift her off of her feet like she told me he did. Q But didn't you hit Dave Bobb 1 2 3 4 5 6 7 8 9 Michelle. A Dave Bobb and I went around, yes, defending Q But you deny grabbing her by the hair and 10 smashing her face into the table? 11 A I did not smash her face into a table. 12 Q The incident where she sustained a 13 concussion, are you telling me you did not do that? 14 15 16 17 18 19 20 21 concussion? A Q A Q Yes, I am. And you were living with her at the time? Yes, I was. And did you know how she sustained the A I didn't know she had a concussion until she called me in February 13th and said, oh, by the way, I had a concussion from you kicking me in the head when I was 22 laying on the floor. And I had no clue what she was 23 talking about. Q During your relationship when you lived 24 25 together for four years did you ever notice any other black 74 "~~. nl 0:" " o 1 eyes that she had or any bruises? 2 A I noticed several bruises on Michelle. And 3 I always questioned her about it. And she had told me it 4 was from Alzheimer's patients. And that she was filling 5 out incident reports at the home. 6 Q And how many black eyes did she have while 7 you lived together? 8 A I only ever remember seeing her with one. 9 The one I wouldn't call a black eye because there was a 10 scratch. But I don't recall, that was so long ago, with 11 the scratch with the key. I don't remember if her eye got 12 black and blue over that or not. But the incident that I 13 recall is when she claimed she was poked in the eye by a 14 resident at the nursing home. And I asked her if she 15 filled out an incident report, and she told me she did. 16 THE COURT: We will need to stop here. 17 Thank you, Mr. Wiser. May I see counsel at side bar? 18 (Whereupon, a side bar was held off 19 the record and the hearing was 20 concluded. ) 21 22 23 24 25 75 t~-- c -~c ~1, ' . ' o . CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same. ~l~ Barbara E. Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. JJtAo It. lLocto) Date .A.~ A. Hess, J. Judicial District 76