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1 December 8, 1994
2 Carlisle, pennsylvania
3 (Whereupon, the following proceedings were
4 held.)
5 THE COURT: This is the time and place for a
6 hearing on the Protection From Abuse Petition filed in the
7 case of Rissinger versus Rissinger. Are counsel ready to
8 proceed?
9 MR. WAGNER: We are, Your Honor.
10 MR. SPARE: Yes.
11 THE COURT: Mr. Wagner.
12 MR. WAGNER: Yes, Your Honor. Michelle.
13 MR. SPARE: Your Honor, I'd like to present
14 our Answer before we proceed.
15 THE COURT: Did you file it downstairs?
16 MR. SPARE: I have not presented it
17 downstairs. I have presented it to opposing counsel, and I
18 have the original here for your inspection, if you'd like it
19 at this time.
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THE COURT: All right. You should file it so
it's on record.
MR. SPARE: Yes, Your Honor. May I bring it
up to you now?
THE COURT: certainly.
MR. WAGNER: I'd like to make one observation
2
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now, also. Paragraph 5 of the Petition is so vague that we
really didn't have a full understanding of what it's
actually saying, and there's no opportunity for us to
provide any type of defense at all to that. So I would note
that and object to that on due process grounds.
THE COURT: We need to swear this witness in.
Whereupon,
MICHELLE M. RISSINGER,
having been duly sworn, testified as follows:
DIRECT EXAMINATION
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BY MR. WAGNER:
Q
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Q
A
Q
A
Pennsylvania.
Q
correct?
Would you tell the Court your full name?
Michelle Marie Rissinger.
What is your date of birth?
9/23/69.
Where do you currently reside?
Beale Avenue, Apartment 4, Enola,
And that's in cumberland county; is that
A Yes, it is.
Q You are married to Fred Rissinger, II?
A Yes.
Q The date of your marriage, please.
A It was June 22nd of 1991.
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Q And there's one child born of that marriage.
A Yea.
Q And what's the name of that child and
birthdate, please?
A Tyler and he was born, March 14th, 1993.
Q And in the recent paet, did you and
Mr. Rissinger separate, as far as your marital relationship
is concerned?
A Yes.
Q And when did that occur, please?
A November 19th, 1994.
Q And where had you and Mr. Rissinger been
residing prior to the time of your separation?
A 400 West High street, West Fairview.
Q Is that in Cumberland County?
A Yes.
Q When you separated, which one of the two of
you departed from that address?
A I did.
Q And where did you move, please?
A 4 West Beale Avenue.
Q That's the address you told us you are at
now?
A Correct.
Q Did your son move with you?
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then.
Q
and Fred?
A
Q
generally the
Tyler.
Q
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1 Q On the 25th did you have occasion to go back
2 to the marital residence?
3 A Ves, I did.
4 Q Tell the Court what occurred at that point in
5 time?
6 A I had spoken to him on several ocoasions on
7 the day of the 25th. The first time he was very upset,
8 weeping on the phone, and wanting to see Tyler; and at that
9 point in time I did not want him to see Tyler because he was
10 too upset and emotional at that point in time.
11 The other two occasions I had the time to
12 talk to Fred, he was not very coherent, he didn't sound like
13 the normal Fred. I wasn't sure what was wrong; and I did
14 state to him that I ~'ould go and visit him. When I got
15 there, I had Tyler with me
16 Q Let's stop. Excuse me. When you said you
17 went to go visit him, where did you go?
18 A 400 West High street.
19 Q Tell the Court what happened when you
20 arrived.
21 A When I got there, Fred was very disoriented,
22 staggering, wasn't speaking correctly, couldn't untie
23 Tyler's jacket hood or unzipper him. When he went upstairs
24 with Tyler, he was bumping into walls and was unable to
25 stand very steady.
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1 We talked a little bit, and I told Fred that
2 I was going to go downstairs and I would be back; but Tyler
3 didn't want mommy to leave, and at that point in time he
4 said that Tyler didn't want him, I didn't want him and that
5 I should just go ahead and leave. And I said, Are you sure?
6 And he said, Just leave. So I started to go downstairs and
7 as I was down there, he decided he wanted to talk to me a
8 little bit, and we talked a little.
9 Before I left he had asked me, when I was
10 coming down the stairs, if I would give the marriage a
11 second chance; and I said at that point in time, No, I was
12 not ready to give the marriage a second chance. I needed
13 time to take care of my own mind and get things straight.
14 He then had said, You are just going to have to leave. As I
15 was downstairs and we were getting ready to get Tyler's
16 coat, I heard the bolt action or pumping of the gun
17 chambers. I didn't know tor sure which one it was, but to
18 me it sounded like the shotgun.
19 Q Let me stop you at that point. Did you know
20 there were guns in the house prior to separation?
21 A The guns were there.
22 Q How many guns did he have?
23 A There were two.
24 Q What was the nature of the guns?
25 A One was a shotgun and one was a seven
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1 millimeter rifle.
2 Q And you heard a noise coming from where,
3 please?
4 A Up in the living room.
5 Q And who was in the living room at the time?
6 A Fred.
7 Q And you thought it was some kind of noise
8 associated with one of the two guns.
9 A Correct.
10 Q What did you do?
11 A At that point in time I had Barry Urich and
12 Holly Voglesong with me, we were traveling together. I
13 looked at Holly and said, That's the gun I took. Go out and
14 call 911.
15 Q okay. What happened next?
16 A Well, I peeked my head up the steps to look
17 at Fred. At that point in time I asked him what he was
18 doing, and he said, Nothing. And I said, Come on, Fred,
19 what are you doing? And he said, Nothing. It was dark up
20 there when I was up there the first time, so I didn't see
21 them up there when I was up there initially. The second
22 time I did see the gun propped against the couch.
23 Q Where was he when you saw the gun propp~d
24 against the couch?
25 A sitting beside the gun on the couch.
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1 Q At that particular timo what wont through
2 your mind?
3 A A bunch of things. Fear for him. Fear for
4 me, because I wasn't suro what he was going to do with the
5 state he was in at that point in timo.
6 Q Was there a time on that partioular evening
7 when you went into the bathroom of the home?
8 A Yes.
9 Q Tell the Court what you found there?
10 A Various bottles of Asoriptin Nighttime Cold
11 Relief allover the counter, presoription things or
12 non-prescription things -- I'm sorry -- and thsre was also a
13 package on the table which was wine, a four pack of wine
14 bottles, and they were missing from tho container. I don't
15 know where the bottles were.
16 Q The bottles of drugs you saw, were the
17 bottles full, partially full?
18 A Empty.
19 Q And to tho best of your knowledge had they
20 been full or partially full when you left the marital home a
21 week earlier?
22 A Partially full.
23 Q You saw how many empty?
24 A ono, two, three, four -- I'd say about four,
25 five.
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1 Q Was this observation of four or five empty
2 bottles, was that before you heard the action involving the
3 gun?
4 A No.
5 Q It was after?
6 A Afterwards.
7 Q Tell the Court exactly when you heard the gun
8 action, went up and looked, what happened next?
9 A Well, he told me at that point in time that I
10 was still supposed to leave, so I was downstairs and I was
11 getting my jacket on, and I was talking to Holly a little
12 bit, biding time, hoping that the police were going to get
13 there.
14 He came down the stairs, stood on the
15 landing, and looked Dt me, and said, Didn't you leave yet?
16 And I said, No, I did not. And he said, Well, I'd like to
17 talk to you. And at that time I had requested Holly to
18 leave and she was outside. And we started talking a little
19 bit about Tyler and some of the problems between us and the
20 marriage, and I looked at him and told him that he needed
21 help, he wasn't thinking clearly or rationally, and I wasn't
22 going to speak to him at that point in time.
23 Q What happened then?
24 A That's when he pointed out the medicine to me
25 in the sink in the bathroom, the empty bottles, and I looked
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1 at him again and I said, Fred, please, you nsed help. I
2 said, You've got to get this taken care ot. When you can
3 speak rationally, I will talk to you. And he responded back
4 to me saying that he did not neod help at that point in
5 time, and that he was going to take care ot everything and,
6 he had told me that his payoheok was on the table and so was
7 something else, I was supposod to pick it up and leave.
8 Q What alse was on tho table?
9 A There was a note to me. It sounded at that
10 point in time like a suicide note.
11 Q And what did you do at that point?
12 A That is in the custody of the police.
13 Q What did you do atter you saw the note?
14 A He started talking to me a little bit more.
15 I picked everything up ott ot the table, and I looked at him
16 and I said, Fred, you need help. When you can talk
17 rationally, I will speak to you but not before then. And I
18 went to turn away, and he looked at me and he said, Please
19 don't turn away trom me. We need to talk.
20 I said Fred, Tyler is out in the car, he is
21 scared. I am going to him whether you like it or not, and
22 you need help. When you can think rationally, I will speak
23 to you, and that's when I left the home.
24 Q Did the police arrive?
25 A Yes, they were.
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Q During the course of the encounter,
particularly after you heard the gun action and saw the gun,
how did you feel?
A Very scared 'cause I wasn't sure with the
state he was in what could have happened. Fred had never
done anything like that before in the past, and that's why
it scared me at that point.
Q Did you feel threatened?
A I wasn't sure. Yes, I felt threatened. Like
I said, he has never done anything like that in the past.
Q After the police arrived, did you learn at
some point that Fred was in the Holy spirit Hospital Mental
Health Department?
A Yes, I did.
Q Were you contacted by them for you to go over
and meet with people at the Mental Health Department?
A Yes.
Q Did you go over --
A When I was first contacted they told me --
Q We can't get into what they said, that's
hearsay.
A Sure.
Q Did you go over in response to the request?
A Yes.
Q Do you know how long Fred was in the Mental
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Health Section of Holy spirit Hospital?
A I believe from Friday to Wednesday. I was
never formally notified by the hospital when he was
released.
Q Now, what are you aSking the Court to do as
it relates to the residence where you reside as it relates
to your husband?
A I do not want his presence there. I want him
to stay away from me as far as hassling me there, even by
phone. I hope that he would not do that, but I don't want
him there.
Q How about as far is your place of employment,
please?
A I don't want him there, either.
Q Where do you work?
A Nationwide Insurance.
Q What do you do for them?
A I'm the Case Coordinator.
Q And in terms of Tyler, do you believe it in
Tyler's best interest to have some kind of arrangement where
Fred can continue to see Tyler?
A Yes, I do.
Q How do you think that would best be
facilitated during this immediate period of time?
A with one of my parents present.
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1 MR. WAGNER: Cross-examine.
2 THE COURT: Well, let me interrupt. Is that
3 the extent of the abuse that you ar~ alleging?
4 MR. WAGNER: Yes, threatened abuse,
5 Your Honor.
6 THE COURT: Maybe I can see counsel in
7 chambers for a moment. You can step down.
8 (Whereupon, the judge and counsel held a
9 discussion in chambers off the record.)
10 (Whereupon the attorneys entered the
11 courtroom. )
12 THE COURT: Let the record indicate that
13 Court is reconvening in the presence of the parties and
14 counsel in court. We'll let the record further indicate
15 that the Court met in chambers in the interrim with counsel,
16 and I believe counsel have arrived at an agreement; is that
17 correct?
18 MR. WAGNER: That's correct, Your Honor. On
19 behalf of the Petitioner, we be would be willing to withdraw
20 the Petition for protection from Abuse. We'd also be
21 willing to have the record indicate that there was no
22 finding or indication of abuse, and that the parties would
23 enter into an agreement, which would be a standard
24 agreement, whereby the Respondent would refrain from being
25 enjoined, annoying, abusing, or harassing the Petitioner at
14
1 her home at 4 West Beale Avenue, Enola, and also her place
2 of employmont at 1000 Nationwide Drive, Harrisburg; and
3 further, that the parties' contact would be reasonable
4 contact, to reasonably discuss issues as it relates to
5 Tyler, their son.
6 I have reviewed that with my client, and she
7 is willing to enter into that order agreement, and she is
8 willing to have the Petition withdrawn with the
9 understanding that there was no finding of abuse,
10 Your Honor.
11 THE COURT: All right. And Mr. Spare, is
12 that agreeable to your client also?
13 MR. SPARE: That's agreeable with the
14 understanding that this is not a Protection From Abuse
15 Order, that this is simply an agreement that my client will
16 not bother or harass the Petitioner at her current home or
17 her place of employment.
18 THE COURT: What I'll do is make the order
19 applicable to both parties, that neither will contact the
20 other or be at the other's residence or place of employment
21 provided that they may call each other to discuss the child.
22 And there were one or two guns involved in
23 this case, which I take from our discussion in chambers
24 belonged to Mr. Rissinger's father. Is it agreeable that
25 those guns be returned to him?
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1 MR. WAGNER: Your Honor, I'm sorry, I forgot
2 to address it. I've discussed it with my client. She is
3 willing to allow the guns to be returned to Mr. Rissinger's
4 father provided that the father not permit access to his
5 son.
6 MR. SPARE: Is thsre a time limit on that?
7 THE COURT: certainly. You could come in at
8 any time to ask for modification of the order.
9 MR. SPARE: I'm just thinking if my client
10 wants to go hunting next spring or fall, does he need to
11 come in and get an order to use the gun? I believe that's
12 beyond the scope of our agreement. Perhaps we could agree
13 to 90 days or 6 months without the guns.
14 MR. WAGNER: six months would be agreeable.
15 MR. SPARE: Are you going to go hunting any
16 more?
17 MR. WAGNER: I don't think it's denying him
18 from hunting. The concern is until we work through these
19 difficulties, whatever they may be, what happened on the
20 25th, that it doesn't reoccur.
21 MR. SPARE: How about if the Order provide
22 that the guns be released to Fred Rissinger, the father, and
23 the only time that my client will have access to the guns is
24 for hunting purposes, which he is an avid hunter.
25 THE COURT: I don't know when the next
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1 hunting season is since I'm not a hunter. I think -- it
2 seems to me for the time being it would be better to get
3 these guns out of your possession or availability,
4 Mr. Rissinger, and I'm thinking more of you than I am of
5 anybody else. So if six months is an agreeable period, that
6 would be agreeable to me.
7 MR. SPARE: He'd agree to 90 days,
8 Your Honor.
9 THE COURT: Mr. Wagner?
10 MR. WAGNER: Again, the 90 days, I don't
11 think is relevent. So I guess we would agree to it. It's
12 just so that we are not in a position of this kind of
13 situation happening again.
14 THE COURT: All right. We'll enter this
15 order: AND NOW, this 8th day of December, 1994, upon
16 consideration of the Petition for Protection from Abuse, the
17 Court finds that the evidence does not rise to the level of
18 abuse or threatened abuse under the Protection from Abuse
19 Act, and pursuant to an agreement of the parties reached in
20 open court with their counsel, P. Richard Wagner, Esquire,
21 on behalf of Michelle M. Rissinger and Phillip H. Spare,
22 Esquire, on behalf of Fred D. Rissinger, it's ordered and
23 directed as as follows:
24 1. The Petition for Protection from Abuse
25 is withdrawn by the Plaintiff/Petitioner, Michelle M.
17
1 Rissinger.
2 2. Neither party shall contact the other or
3 be at the other's place of residence or business; provided
4 that the parties may contact each other during reasonable
5 hours by telephone for the purpose of discussing their
6 child, Tyler Rissinger.
7 3. The Cumberland county Sheriff or such
8 other law enforcement officer having possession of the guns
9 seized from the residence of the Defendant/Respondent's
10 father, which guns are the property of Fred D. Rissinger
11 off the record
12 (A discussion was held off the record.)
13 Defendant/Respondent's father, shall be
14 returned to the said Fred D. Rissinger, father of the
15 Defendant/Respondent, with a direction that they not be made
16 available to the Defendant/Respondent for a period of 90
17 days.
18 4. Nothing in this order is intended to
19 prevent the parties from deviating from its terms by mutual
20 agreement.
21 This Order is not a Protection From Abuse
22 Order under the Protection from Abuse Act and shall not be
23 enforceable pursuant to the provisions of that act. It
24 shall be enforceable through thu usual contempt powers of
25 the Court, as in the case of any other civil order.
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1 Is there anything elae that counsel thinks
2 should be in that order?
3 MR. WAGNER: We think that the weapons may be
4 in the possession of West Fairview pOlice, as opposed to the
5 Cumberland County Sheriff.
6 MR. SPARE: According to the Act they are
7 supposed to be transferred to the whatever county as soon as
8 reaaonably practical. I don't know if they have made that
9 shift yet.
10 THE COURT: We'll add to that Order, or other
11 law enforcement officer having possession of the same.
12 THE COURT: NoW, Mr. Rissinger, is that Order
13 acceptable to you?
14 THE DEFENDANT/RESPONDENT: Excuse me?
15 THE COURT: Is that acceptable to you?
16 THE DEFENDANT/RESPONDENT: Yes.
17 THE COURT: And Mr. Spare, is that acceptable
18 to you?
19 MR. SPARE: Yes, Your Honor.
20 THE COURT: And Ms. Rissinger, is that
21 acceptable to you?
22 PLAINTIFF/PETITIONER: Yes.
23 THE COURT: And Mr. Wagner.
24 MR. WAGNER: Yes, Your Honor.
25 THE COURT: okay. So ordered.
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1 MR. WAGNER: Thank you, Your Honor.
2 THE COURT: Court's adjourned.
3 MR. SPARE: Your Honor, I believe I should
4 tile the original with the Prothonotary. Would you like a
5 copy ot it tor your file or will that end up in the same
6 place?
7 THE COURT: ott the record.
a (Whereupon, a discussion was held off the
9 record.)
10 (Whereupon, the ~roceedings concluded.)
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MICHELLE M. RISSINGER,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
94-6825 CIVIL TERM
FRED D. RISSINGER, II
Defendant/Respondent
CIVIL ACTION . ABUSE
ORDER OF COUR~
AND NOW, this 8th day of December, 1994, upon
consideration of the Petition for Protection from Abuse, the
Court finds that the evidence does not rise to the level of
abuse or threatened abuse under the Protection from Abuse Act,
and pursuant to an agreement of the parties reached in open
court wich their counsel, P. Richard Wagner, Esquire, on behalf
of Michelle M. Rissinger and Philip H. Spare, Esquire, on behalf
of Fred D. Rissinger, it is ordered and directed as follows:
1. The Petition for Protection from Abuse is
withdrawn by the plaintiff/Petitioner, Michelle M. Rissinger.
2. Neither party shall contact the other or be
at the other's place of residence or business, provided that the
parties may contact each other during reasonable hours by
telephone for the purpose of discussing their child, Tyler
Rissinger.
3. The Cumberland County Sheriff or such other
law enforcement officer having possession of the guns seized
from the residence of the Defendant/Respondent, which guns are
the property of Fred D. Rissinger, Defendant/Respondent's
father, shall be returned to the said Fred D. Rissinger, father
of the Defendant/Respondent, with a direction that they not be
made available to the Defendant/Respondent for a period of 90
days.
~'
LAW U"ICta
SNELDAKER
.
DRI!NNEMAN
Respondent was physically staggering, stumbling and unable to
maintain his balance. It is admitted that Petitioner directed
Respondent to the bathroom where she found several empty bottles.
By way of further answer, it is averred that the empty bottles
wore "over-the-counter", non-prescription products. It is denied
that Respondent wanted to talk about marital difficulties or that
Petitioner insisted she could not talk to him in the condition
that she found him. It is admitted that Petitioner stated that
Respondent needed help. By way of further answer, it is averred
that Petitioner stated that she would talk to Respondent when he
was rational.
It is admitted that Respondent indicated that he didn't need
help. It is denied that Respondent indicated that he would take
care of everything.
It is denied that Respondent then appeared in front of
Petitioner with a loaded shotgun indicating that he would end it
all.
It is denied that Petitioner contacted 911. On the
contrary, it is averred that someone contacted 911 on
Petitioner's behalf. It is admitted that West Fairview Police
responded.
It is denied that the pOlice committed Respondent to
the Holy Spirit Mental Health facility because of Respondent's
condition and conduct this night. On the contrary, it is averred
that the police took Respondent to Holy Spirit Emergency Room to
et checked out and that Respondent admitted himself for care.
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W[ 00 UfREO'!' CERTifY Hi'"
THE WITHIN IS A TflUE AND COil,
AECT COpy OF tWE OlllUlPlAL
fllfD IN THIS ACTION
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NOV 29 '/99;
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AnOANfY
MANCKE. WAGNEI1, HERSHEY & TULLY
v.
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IN TUI COURT 01' COKMON Pl.EAS
CUKBERLAND COUNTY, PEHNSYLVAlfIA
NO. 'i'l. (, f,.l~' (~<...,:( Tc,..~
MICHELLI M. RISSINGER,
plaintiff/petitioner
FRED D. RISSINGER, II,
Defendant/Re.pondent
CIVIL ACTION - ABUSE
TEMPORARY PROTECTIVE ORDER
AND NOW, this 2....J... day Of-P"'c.~-.L,-" 1994, upon
presentation and consideration of the within petition, it appearing
that Michelle M. Rissinger is in danger of abuse from the
Defendant/Respondent, Fred D. Rissinger, II, the following
protective order is entered.
Defendant/Respondent, Fred D. Rissinger, II, is hereby
enjoined from physically abusing and physically menacing the
Plaintiff/Petitioner, Michelle M. Rissinger.
Defendant/Respondent, Fred D. Rissinger, II, is prohibited
from harassing plaintiff/Petitioner, Michelle M. Rissinger, and
having any contact with her.
Defendant/Respondent, Fred D. Rissinger, II, is excluded from
the residence of Plaintiff/petitioner, Michelle M. Rissinger at 4
W. Beale Avenue, Apt. 4, Enola, Cumberland County, Pennsylvania.
Defendant/Respondent, Fred D. Rissinger, II, is further
excluded from Plaintiff/Petitioner, Michelle M.Rissinger's place of
employment at Nationwide Insurance, 1000 Nationwide Drive,
HarriSburg, Dauphin County, Pennsylvania.
Dle Z IJ ~J '1/ '91/
.11
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6. On or about Saturday, November 26, 1994, the Plaintiff/
Petitioner returned to the marital home upon the request of the
Defendant/Respondent and found the Defendant/Respondent in an
agitated emotional state, physically staggering, stumbling and
unable to maintain his balance. Plaintiff/Petitioner directed
Defendant/Respondent to the bathroom where she found several empty
pill bottles. Defendant/Respondent wanted to discuss with
Plaintiff/Petitioner their marital difficulties, but Plaintiff/
Petitioner insisted that the Defendant/Respondent needed help and
that she could not talk to him in the condition that she found him.
Defendant/Respondent then indicated to plaintiff/Petitioner
that he didn't need help and that he would take care of everything.
Defendant/Respondent then next appeared in front of Plaintiff/
Petitioner with a loaded shotgun indicating that he would end it
alL
Plaintiff/Petitioner contacted 911 and the West Fairview
Police responded.
Plaintiff/Petitioner believes that the police committed the
Defendant/Respondent to the Holy Spirit Mental Health facility
because of Defendant/Respondent's condition and because of
Defendant/Respondent's conduct on this night.
2
plaintiff/Petitioner reasonably believed her health, well
being and physical safety were in jeopardy due to the condition of
Defendant/Respondent and due to the fact that Defendant/Respondent
possessed a loaded weapon.
WHBRB~ORB, plaintiff/petitioner prays this Honorable Court,
upon hearing, to enter an order pursuant to the Protection From
Abuse Act of October 7, 1976, P.L. 1090, Act No. 219, as amended,
35 P.S. section 10181 et seq. that:
a. Defendant/Respondent, Fred D. Rissinger, II, be
enjoined from abusing or physically menacing the
plaintiff/Petitioner and placing her in fear of
bodily injury;
b. Defendant/Respondent, Fred D. Rissinger, II, be
excluded from the residence of Plaintiff/
petitioner, Michelle M. Rissinger at 4 W. Deale
Avenue, Enola, Cumberland County, pennsylvania;
c. Defendant/Respondent, Fred D. Rissinger, II, be
prohibited from harassing Plaintiff/Petitioner,
Michelle H. Rissinger, and from having any contact
with her whatsoever;
3