HomeMy WebLinkAbout95-01113
(..
-s
:... h'
'~-
,,,,...t.,
. :.J:.".,
"'@'~':' "';'
~: : I.,
-'<:,' - ~<1,~
,::.:-\,
}i:~J~;~:.~-'_:_', '.
~fJi{;S)X_:,:~_<:>:"~:
":::':_;,~_~:.',';"_~". c<"'
?t~:6r-f~,t< -.
~~2i,:"
)[i}~;;:; ',::
f"-"^,': ,',,',
_"'''''..'\-i.''\''
~?~)}y~
,~'J'~:/<' ~ (-'
:~~~~- S/ :
,.<,-,Y:,.,-,
.~,~':':\~~; ~:!
1'<\"
t,~"
~f~J~ ~:' ,
f;,'f
,(3
CY)
-
-
-
I
lr)
0-
;,
I
"
.~
."C"
,
!
/'
r' '_':~~~?:~'D-
i
'I
.1"
.:1
f:
iJ
I
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
GERALD RONALD GEHR,
Defendant
PROTECTION FROM ABUSE
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95- /1/.3 CIVIL TERM
PETITION FQR PROTECTION ORDEB
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 P.S. 6 6101 et seq.
A. ABUSE
1, The plaintiff, RUBY IRENE GEHR, is an adult individual
residing at 46 Stonehouse Road, Carlisle, Cumberland County,
Pennsylvania 17013,
2, The defendant, GERALO R. GEHR, (DOB: 10/22/43), is an
adult individual residing at 46 Stonehouse Road, carlisle,
Cumberland County, Pennsylvania, 17013,
3, The defendant is the husband of the plaintiff.
5, Since apprOXimatelY 1976, the defendant has attempted
to cause and has intentionally, knowingly, or recklessly caused
serious bodily harm to the plaintiff, or has placed the plaintiff
'"
in reasonable fear of imminent serious bodily injury, and has
knowingly engaged in a course of conduct or repeatedly committed
acts toward the plaintiff which have placed the plaintiff in
reasonable fear of bodily injury. This has included, but is not
limited to, the following specific instances of abuse:
a. On or about February 21, 1995, t he defendant
grabbed the plaintiff out of bed by pUlling her ear and
hair, waking her from u sound sleep, causing her to
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 95-
CIVIL TERM
GERALD RONALD GEHR,
Defendant
PROTECTION FROM ABUSE
NOT ICE
You have been sued in court, If you wish to defend against
the claims set forth in the fOllowing pages, you must take action
promptlY after this Petition, Order and Notice are served, by
appearing personally or by attorney at the hearing scheduled by
the Court and presenting to the Court your defenses or objections
to the claims set forth against you, You are warned that if you
fail to do so the Court may proceed without you, and a Judgment ~
may be entered against you by the Court without further notice
for any money claimed in the Petition or for any other claim or
relief requested by the plaintiff, You may lose money or
property or other rights important to you,
fj:ES-A.t-!D C.911TS
If the case goes to hearing and the judge grants a
Protection Order, a surcharge of $25,00 will be assessed against
you, You may also be required to pay attorney fees to Legal
Services, Inc, for their representation of the plaintiff.
You should take this paper to your lawyer at once. 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 cnn get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
fall to the floor, The defendant then pUlled the
plaintiff from the floor by her hair, pushed her out of
the room and down the hallway causing the plaintiff to
hit the sides of the hallway and fall to the floor,
The defendant threatened the plaintiff saying, "If you
fall down again, I'm going to kill you" he kicked her
and ordered her not to fall down again. The defendant
pushed the plaintiff toward the stairs, causing her to
fall and catch herself on the banister, The defendant
became enraged and said, "You should have fallen down
because it would have been the last time you fell down;
I would have kicked your head in," The defendant then
shoved her into the kitchen causing the plaintiff to
hit the counter with her body, grabbed a sandwich from
the refrigerator, threw it onto the floor, stomped on
it, and insisted that the plaintiff clean it up, When
the plaintiff replied that she was too sore, the
defendant threw her out of the kitchen and into the
french doors, causing the wooden doorjamb to break.
The defendant then ripped the plaintiff's shirt from
the collar down to the hem, put his hands around her
throat, and choked her saying, "Don't open your mouth;
If you open your mouth, I will kill you, You should
have died a year ago," referring to when the plaintiff
underwent surgery to replace the carotid artery in her
neck, The defendant punched the light switch beside
the plaintiff with enough force to cause it to COllapse
through the drywall, The plaintiff coughed up blood
and was losing consciousness when the defendant threw
her into the living room onto a chair and said, "I hope
you're not tired; you are going to sit here until I
tell you that you can go to bed," making the plaintiff
sit up until 5:00 a,m, When the defendant gave the
plaintiff permission to go to bed, the plaintiff went
into the guest room and the defendant grabbed her by
the hair and dragged her into his bed, The plaintiff
went to Belvedere Medical Center where she was treated
by Dr, Campbell who contacted the police because of the
plaintiff's injuries. The plaintiff suffered bruising,
redness, and soreness about her head and body,
b, On approximatelY a weekly basis, the defendant
grabs the plaintiff by the arm and wrist and pullS her
about with enough force to leave bruises, When the
plaintiff asks the defendant to stop saying that she is
not an animal, the defendant replies, "You're the next
thing to it so I'll treat you like one," On
approximately a monthly basis, the defendant pulls the
plaintiff's hair, pulling out fistfuls of hair causing
the plaintiff pain and soreness,
c, Approximately one year ago, the defendant pushed
and shoved the plaintiff into walls, knocked her down a
flight of stairs, pUlled handfuls of hair from her
head, and beat her about the head until she was too
weak to lift her head, The defendant then stomped on
the plaintiff's foot, killing the toenail on her big
toe,
d, The defendant continuously tells the plaintiff he
wishes she were dead and threatens that he will kill
her, causing the plaintiff to fear for her life,
e, Frequently, the defendant refuses to allow the
plaintiff to bathe or drink water because he controls
the water supply, Th~ defendant also makes the
plaintiff sit in the dark and refuses to allow her to
use anything that requires electricity because he pays
the bill,
6, The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant
should she remain in the home without the defendant's exclusion,
and that she is in need of protection from such abuse,
8, The plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with the plaintiff
including, but not limited to, telephone and writton
communications,
9, The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives,
10, The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
Jointly by the parties or owned solely by the plaintiff,
11, The plaintiff desires that any weapons the defendant
I
,
i I
I
I.
I
II
I,
owns, possesses, and has used or threatened to use against the
plaintiff be confiscated by the Sheriff's Department,
!3-,--I;2(CLU!?J V Ul;'-!?~.E..S~ LON
12, The home from which the plaintiff is asking the Court
to exclude the defendant is owned in the names of the plaintiff
and the defendant,
9. SUPPORT
13, The defendant has a duty to support the plaintiff,
14, The plaintiff is in need of financial support from the
defendant including, but not limited to: health insurance
coverage, payment of unreimbursed medical expenses for the
plaintiff, the mortgage payment on the residence at 46 Old
stonehouse Road, Carlisle, Cumberland county, Pennsylvania,
15, The defendant is employed at PPG, and has annual salary
of approximately $40,000.
16, The plaintiff currently receives disabli1ity in the
amount of $492,00 per month and her income is insufficient to
provide for her minimal needs until such time as a support order
can be obtained by filing at the Domestic Relations Office,
17. The plaintiff intends to petition for support within
two weeks of the issuance of a protective order,
!;:.L.--1,.OS~E!lLATTQB1'lEY FE..I;J?
18, The plaintiff has suffered losses as a result of the
abuse by the defendant, The losses are listed on Exhibit A
attached,
19, The plaintiff asks that the defendant be ordered to pay
reasonable attorney fees to Legal Services, Inc,
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976,23 P,S. !l 6101 II ~" as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A, Grant a Temporary Order pursuant to the "Protection
from Abuse Act:"
1, Ordering the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse;
2, Ordering the defendant to refrain from having any
direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications;
3, Ordering the defendant to refrain from harassing
and stalking the plaintiff and from harassing the
plaintiff's relatives;
4, Prohibiting the defendant from removing, damaging,
destroying or selling property jointly owned by the
parties or owned solely by the plaintiff;
5, Granting possession of the home located at 46 Old
Stonehouse Road, CarliSle, Cumberland County,
Pennsylvania, to the plaintiff to the exclusion of the
defendant pending a final order in this matter;
6, Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
\ , ~,,~, ..'-' ""...,,.,~_.., :, ,J ,'I' ..--- ..,~--~~ "'"..:~~ ~~~~
,.....,' , ,,'.. ",.".
.
I
\
herself;
7, Ordering the defendant to relinquish to the
sheriff's department the following weapons which he
owns, possesses or has used or threatened to use
against the plaintiff: 3 shotguns, and prohibiting the
defendant from acquiring or possessing any other
weapons for the duration of the order,
8, Schedule a hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing,
enter an order to be in effect for a period of one year:
1, Ordering the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse,
2, Ordering the defendant to refrain from having any
direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications.
3, Ordering the defendant to refrain from harassing
and stalking the plaintif( and from harassing the
plaintiff's relatives,
4, Prohibiting the defendant from removing, damaging,
destroying or selling property jointly owned by the
parties or owned solely by the plaintiff,
5, Granting possession of the home located at 46 Old
Stonehouse Road, Carlisle, Cumberland County,
Pennsylvania, to the plaintiff to the exclusion of the
defendant,
6, Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself,
7, Ordering the defendant to relinquish to the
sheriff's department the following weapons which he
owns, possesses or has used or threatened to use
against tha plaintiff: 3 shotguns, and prohibiting the
defendant from acquiring or possessing any other
weapons for the duration of the Order,
8, Granting support to the plaintiff in an
appropriate amount according to the support guidelines
in the amount of $150,00 per week payable to the
plaintiff in the form of a check or money order, mailed
to her residence, and ordering the defendant to provide
health coverage to the spouse, directing the defendant
to pay all of the unreimbursed medical expenses of the
plaintiff to the provider or to the plaintiff when she
has paid for the medical treatment, and directing the
defendant to make or continue to make mortgage payments
on the residence of the plaintiff,
g, Ordering the defendant to reimburse the
plaintiff's out-of-pocket losses suffered as a result
of the abuse including but not limited to the losses
listed on the attached sheet marked Exhibit A,
10, Ordering the defendant to pay reasonable attorney
fees to Legal Services, Inc,
The plaintiff further asks that this Petition be filed and
served without pre-payment of fees by the plaintiff, and that a
certified copy of this Petition and Order be delivered to the
Silver Spring Township Police Department who has jurisdiction to
enforce this Order,
The plaintiff prays for such other relief as may be just and
proper,
RespectfUlly submitted,
4<-lL_H./ Cilt/lc...t__t.-
~ Carey, Attorney"
-LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
c
The above-named Plaintiff, Ruby I. Gehr, verifies that the
statements made in the above Petition are true and correct.
Plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa, C,S. g4904, relating to
unsworn falsification to authorities,
Date:..1-~8'- 9s-
~
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 95-
CIVIL TERM
GERALD RONALD GEHR,
Defendant
PROTECTION FROM ABUSE
9UT-OF-POG~~LOSS,~~
The plaintiff requests that the defendant reimburse her out-
of-pocket losses, including but not limited to the following:
Any and all medical expenses not reimbursed through the
plaintiff's medical insurance coverage relating to injuries she
sustained as a result of the incident on or about February 21,
1995, (The doctor has not billed the plaintiff as of the filing
of this petition),
Exhibit A
RUBY IRENE GEHR,
Plaint i ff
IN THE COURT OF COMMON PLEAS OF
v,
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-1/1.3 CIVIL TERM
GERALD RONALD GEHR,
Defendant
PROTECTION FROM ABUSE
AND NOW, this
TEMPORARY PROTECTION ORDER
;)1"'1/ day of March, 1995,
upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff, RUBY IRENE GEHR, now residing at 46 old Stonehouse
Road, Carlisle, Cumberland County, Pennsylvania, is in immediate
and present danger of abuse from the defendant, GERALD RONALD
GEHR, the following Temporary Order is entered.
The defendant, GERALD RONALD GEHR, (DOB: 10/22/43) now
residing at 46 Old Stonehouse Road, Carlisle, Cumberland County,
Pennsylvania, is hereby enjoined from physically abusing the
plaintiff, RUBY IRENE GEHR, or placing her in fear of. abuse,
The defendant is excluded from the residencp located at 46
Old Stonehouse Road, Carlisle, Cumberland County, PennsYlvania, a
residence which is jointly owned by the parties,
The defendant is ordered to refrain from having any direct
or indirect contact with the plaintiff including, but not limited
to, telephone and written communications,
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives.
The defendant is enjoined from removing, domaging,
destroying or selling any property owned jointly by the parties
, ~. _ . _ . __ __ _. ~_~,.Jc::.---___ _..~_~
...... .....,. ,... ...._....~~..r . .. '. ~, . '-".'""', --,"",r'-~ _....-.::7'...'-.--'.1 '
.'~,,' ,', .. .,' " '
or owned solely by the plaintiff,
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa. C,S. 661t3; ii) a private criminal complaint
under 23 Pa. C.S. 66113.1; iii) a charge of indirect criminal
contempt under 23 Pa. C.S. 66114, punishable by imprisonment up
to six months and a fine of $100.00-$1,000.00; and iv) civil
contempt under 23 Pa. C.S. 66114.1. Resumption of co-residence
on the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
This Order shall remain in effect until modified or
terminated by the Court after notice or hearing and, can be
extended beyond that time, if the Court finds that the defendant
has committed another act of abuse or has engaged in a pattern or
practice that indicates continued risk of harm to the plaintiff.
The defendant is ordered to relinquish to the sheriff's
department the following weapons which he owns, possesses, has
used or threatened to use against the plaintiff: 3 rifles; and
the defendant is prohibited from acqUiring or ~ossessing any
other weapons for the duration of this Order.
This Order shall remain in effect until modified or
terminated by the court after notice or hearing, A hearing shall
be held on this matter on the 11"'" day of March, 1995, at
(;2:"1 ,1,m" in Courtroom No,:-~, Cumberland County Courthouse,
;
Carlisle, Pennsylvania,
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing,
The Cumberland County Sheriff's Department shall attempt to
:'
i .
I .
I .
!,
!
I
~
make service at tile 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 the defendant
by mail,
The Silver Springs Township Pollee Department will be
provided with a certified copy of this Order by the plaintiff's
attorney. This Order bhall be enforced by any law enforcement
agency where a violation occurs by arrest for indirect criminal
contempt without warrant upon probable cause that this Order has
been violated, whether or not the violation is committed in the
presence of the pOlice officer, In the event that an arrest is
made, under this section, the defendant shall be taken without
unnecessary delay before the court that issued the order, When
that court is unavailable, the defendant shall be taken before
the appropriate district justice, (23 P,S, 6 6113).
By the Court,
, Judge
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1113 CIVIL TERM
RUBY IRENE GEHR,
Plaintiff
GERALD RONALD GEHR,
Defendant
PROTECTION FROM ABUSE
AND NOW,
-L-PROTECTION ORDER
this {~r, day of March, 1995,
upon consideration
of the Consent Agreement of the parties I the fOllowing Order is
ent.r.~ed:
1. The defendant, GERALD RONALD GEHR, is enjoined from
physicallY abusing the plaintiff, RUBY IRENE GEHR, or from
placing her in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff is
relatives.
3. The defendant is prohibited from removing, damaging,
dostroying or eelling any property owned by the plaintiff or
jointly owned by the parties.
4. The defendant is excluded from the plaintiff's
residence located at 46 Old Stonehouse Road, CarliSle, Cumberland
County, Pennsylvania, until March 30, 1995; for the duration of
Order, the defendant is excluded from the master bedroom, the
adjoining half bath, and the shower downstairs. The defendant
has his separate bedroom and master bath. Neither party will
deny the other access to the other areas of the house.
5. The defendant is ordered to relinquish to the sheriff's
department the following weapons which he owns, possesses or has
used or threatened to use against the plaintiff : 4 shotguns, and
the defendant is prohibited from acquiring or possessing any
other weapons for the duration of the Order,
6. The defendant is ordered to reimburse the plaintiff's
out-Of-pocket losses suffered as a result of the abuse including
but not limited to the losses listed on the attached sheet marked
Exhibit A. The total amount of losses shall be reimbursed to the
plaintiff within 60 days of receipt of the bills. An award under
this chapter shall not constitute a bar to litigation for civil
damages for injuries sustained from the acts of abuse giving rise
to the award or a finding of contempt under this chapter.
7. The defendant shall be responsible for $25.00 surcharge
and court costs in the amount of $66.86.
8. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
9, This Order may subject the defendant to: i) arrest
under 23 Pa. C.S. 56113; ii) a private criminal complaint under
23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt
under 23 Pa. C,S. 56114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa. C.S. 56114.1, Resumption of co-residence on the
. .
pnrt of tho plaintiff and defendant shall not nullify the
provisions of the court order.
10, The Silver springs Township Police Department shall be
provided with a certified copy of this Order by the plaintiff's
attorney and may enforce this Order by arrest for indirect
criminal contempt without warrant upon probable cause that this
Order has been violated, whether or not the violation is
committed in the presence of the police officer. In the event
that an arrest is made under this section, the defendant shall be
taken without unnecessary delay before the court that issued the
order. When that court is unavailable, the defendant shall be
taken before the appropriate district justice, (23 P,S. S 6113).
Hot er, Judge
..,.,
~ ;... ,'.
.l;
- -'
i:'C "
'" '," .
"I :.. , .J ~ ,
(~
.
c..-,
.
<>: " ..
::t:! ,. "
.,
\
\
,)
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95-1113 CIVIL TERM
;;
"
RUBY IRENE GEHR,
Plaintiff
GERALD RONALD GEHR,
Defendant PROTECTION FROM ABUSE
OUT-OF-POCKET LOSSES
The plaintiff requests that the defendant reimburse her out-
of-pocket losses:
For any and all medical expenses not reimbursed through the
plaintiff's medical insurance coverage relating to injuries she
sustained as a result of the incident on or about February 21,
1995. (The doctor has not billed the plaintiff as of the filing
of this petition).
Exhibit A
J
~
,~
1--
~
\~ l)"
~"i
'"
,
(t)
..,..,
en
-
:-
,
~l:,"..:
i
~
r
-
.--
I,!} :~: ','~ :~,~ .
.'
(ry
J.'.)
0<
.t
=
l'
-,
~
RUBY IRENE GEHR.
Plaint! ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
95-1113 CIVIL TERM
PROTECTION FROM ABUSE
VS
GERALD RONALD GEHR.
Defendant
llLRE.LJNDlRE.G.J:.R.l.MlN./iLc..OlUEMfl
.QRUEfL.llE._C.DlJ.RI
AND NOW, June 28. 1995, 2:15 p,m., Gerald Ronald Gehr,
having appeared in open court together with personal counsel.
Michelle St. Clair, Esquire. and the matter being called for a
hearing on the charge of indirect criminal contempt of our Order
of March 15. 1995, and the defendant having admitted the
allegotions of the complaint numbered A43203. we do find that
based upon that odmission that the defendant is in indirect
criminal contempt of our Order.
The victim and the D,A, having both related that since
the defendant is the breadwinner in the family that they do not
wish him to be put into Jail, sentence of the court is that the
defendant shall be placed on probation for a period of six
months without supervision on the condition that he abi,de b~our
f~' Or r-
Order of March 15, 1995,
=
William I. Gabi9, Esquire
Sr, Assistant District Attorney
One Courthouse Square
Corlisle. Pa. 17013
Michelle St. Clair. Esquire
200 North Hanover St.
Carlisle. Pa. 17013
For the Defendant
By the Court.
~ Hoft r, J,""
Joan Ca ey. Esquire
Legal Services. Inc.
8 Irvine Row
Carlisle. Pa. 17013
Probation Office
Prothonotory
:mtf
c.J'
o
'"
-'"
=
.
RUBY IRENE GEHR,
Pia inti ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-1113 CIVIL TERM
PROTECTION FROM ABUSE
V.
GERALD RONALD GEHR,
Defendant
IN_,RE: INDlREC..LCl1l.M1NL\LCORJEMEI
Proceedings held before the Honorable GEORGE E,
HOFFER, J., Cumberland County Courthouse, Carlisle,
Pennsylvania, on Wednesday, June 28, 1995, commencing
at 12:10 p.m. in Courtroom Number Three.
APPEARANCES:
WILLIAM J, GABIG, Esquire
Sr. Assistant District Attorney
For the Commonweolth
MICHELLE R, ST. CLAIR, Esquire
For the Defendant
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Wednesday, June 28, 1995
Carlisle, Pennsylvania
MR. GABIG: Your Honor. the next matter is an
indirect criminol contempt comploint in the case of
Commonwealth vs Gerald Ronold Gehr.
The defendant is present in the courtroom
with counsel. Michelle St. Clair. And he has indicoted his
intention to admit to the allegation.
The victim is present in the courtroom. I
have discussed the case with her and their -- we ore doing
this with an agreement to recommend to the Court a non Jail
sanction.
This PFA. to refresh the Court's
recollection. the parties are morried. RubY Gehr is the
wife. They reside at the marital residence. The PFA blocks
out certain areas in the household. specificollY the
-." \
bedroom. in which the defendant is not permitted to go into,'
That is the refuge for the wife, and that is where she goes
if she is in fear or whatever. That is how the Court
structured the Order. It was by stipulotion of the parties.
The allegation here in this indirect criminal
contempt complaint is thot the defendant violated that
paragraph of the Court's Order in that he did. in fact, go
into the bedroom in contravention of the Court's Order.
2
1 This was after a verbal dispute between the parties.
2 There 1s not an allegation that he hit her or
3 threatened to kill her or anything. They were having on
4 argument. and he went into the bedroom after her. after she
5 went into the to the bedroom. to her place of safety,
6 THE COURT: Ms. St. Clair. do yoU have a copy
7 of the charge?
8 MS. ST. CLAIR: Yes. I do. Your Honor.
9 THE COURT: And you have shored it with the
10 defendant?
11 MS. ST. CLAIR: Yes. I have. at length.
12 THE CCURT: Is he admitting the indirect
13 criminal contempt on the facts alleged in that citation?
14 MS. sr, CLAIR: SpecificallY. the part of
15 that that he is admitting is that he did. in fact. gO
16 THE COURT: Well. does he odmit the charge
17 here? It is written out.
18 MS. ST. CLAIR: Yes. he did, in fact. gO into
19 the bedroom of RUbY Gehr. Again. I would like to point out
20 there was no allegations even have ony sort of abuse or any
21 threats or anything to that effect.
22 r would also -- Your Honor. I 110uld also like
23 to point out that Mr. Gehr has been experiencing some very
24 severe nervous
25 THE COURT: What?
3
1 MS, ST. CLAIR: Mr. Gehr hos been
2 experiencing some very severe nervous reactions os 0 result
3 of he is on medicatIon and things with this whole incident.
4 And I know that has played into. into the situation as well,
5 I would like the Court to toke that into consideration os
6 well in going along with the Commonwealth's recommendation
7 concerning probation.
8 THE COURT: And do you hove anything further
9 to soy on this?
10 MR. GABIG: Your Honor. in terms of the PFA.
11 I discussed at length with the victim on Monday this motter.
12 There is no at that time. there was no desire to change
13 the PFA at this point. There might be in the future. I
14 don' t know, Quite frankly. that is no t what our office is
15 concerned about. But at this point. she wants the PFA to
16 remoin in effect. and she wonts that provision for that sofe
17 haven in the bedroom.
18
19
20
21
22
23
24
25
THE COURT: Well. that is fine. That is not
at issue here right now.
MR, GABIG: Our basic --
THE COURT: Whot is the penalty you are
recommending?
MR. GABIG: He has worked for twenty some
years at PPG. down in Mount HollY, And he is the primary
breadwinner. The victim is -- has been married for nearly
II
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
that long or about that long. Nineteen years. She is on
disability, She is 0 diabetic. He supports her. And so
placing her -- him in Jail at this point would not only be.
you know. 0 hardship to him. but it would be 0 hardship to
her in terms of being able to -- him being able to provide
support to his familY. to specificallY his wife.
And in light of the fact that there was no
violence in this particular episode. that is the basis for
the Commonwealth's recommendation. ond the basis
THE COURT: Recommendation being what?
MR. GABIG: For a non Jail sanction. some
type of probation. or whatever other sanction the Court is
inclined or feels appropriote.
MS, ST. CLAIR: Your Honor. we had discussed
a probationory sanction. During which time Mr. Gehr and I
have discussed the limits ond the boundaries of this
particular Order with him. in more detail. during which time
he would be able to demonstrate that he is willing not to go
into the bedroom as they continue to work out their
differences.
They have been going to counseling together.
I om assuming thot is going to continue. although that is
again not my particular area of the law to be dealing with.
However. we would also be in agreement with 0 probationary
arrangement.
I
I
I
I
I
I
I
\
i
I
!
I
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
THE COURT:
I~R, GABIG:
And she agrees?
Ma'am, you agree with whot we
Just said?
THE PLAINTIFF: Yes.
MR. GABIG: Yes, Your Honor.
(Whereupon, the following Order was entered.)
AND NOH, June 28, 1995, 12:15 p,m., Gerald
Ronald Gehr, having appeared in open court together with
personal counsel, Michelle st. Clair, Esquire, and the
matter being called for 0 hearing on the charge of indirect
criminal contempt of our Order of March 15, 1995, and the
defendant having admitted the allegations of the comploint
numbered A43203, we do find that based upon that admission,
that the defendant is in indirect criminal contempt of our
Order.
The victim and the D.A. having both related
that since the defendant is the breodwinner in the fomilY
that they do not wish him to be put into Jail, sentence of
the court is that the defendant shall be placed on probation
for a period of six months without supervision on the
condition that he abide by our Order of March 15, 1995.
By the Court,
j..'},LSJ e.oL9LE...Jiof.f.eL-J....
Anything else?
That is all we have, Your Honor.
THE COURT:
MR. GABIG:
6
1 THE COURT: Anything else. ma'am?
2 MS. ST. CLAIR: No. sir.
3 THE COURT: You better have a lit tl e talk
4 with him. ma'am. about this order.
5 MS. ST. CLAIR: Yes. Your Honor.
6 (Whereupon. the proceeding was concluded
7 ot 12:20 P.III,)
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
7
1
2
3
4
5
,
"
ri
CERIlfKAUO.N
6 I hereby certify that the proceedings ore
7 contained fully and accurotelY in the notes taken by me on
8 the above cause and that this is a correct transcript of
9 same.
10
11
12
13
14
15
m(,,~, J JIM~
grt~T, Farley
Official Court Report r,
----------------------------------
16 The foregoing record of the proceedings on the
17 hearing of the within matter is herebY approved and directed
18
19
20
2l
22
23
24
25
.to be filed,
,..
c-:
LJ
'q(
9.
f J I .~
- er,. .'.
I Districts';
=
.(...t:.l
'W"
8
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
95-1113 CIVIL TERM
GERALD RONALD GEHR,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
I
I
I
ORDER OF COURT
AND NOW, this 7 r-- day of AtwJV}'laJtd~19961 this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable cause for the issuance of
process. In consideration of the attached commonwealth's
Petition, the defendant, GERALD RONALD GEHR, is directed to
appear for trial on the charge of IndA'rect Criminal Contempt
o /L .:;
before the Court on the ~ day of ~, 1996 at I~){)
o'clock lf7 .m. in Courtroom #~ of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant, If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285,
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial,
Bj2~~O:~~
(FOk:,) Ge' rge E. HOff~
Michael S. Schwoyer - U.7~':1 t?:'!'l4nu.LlJ ..J-4-"'....... '3-1 (-<( ( - <"4.<..-
Chief Deputy District Attorney ..'
GERALD RONALD GEHR U,p..:p '71~A.J!..J
:3 -II - f( b - ,,~......
-_....
'-"C:~'
J.
"
i'
I.
\!
, ' . ~. ,,~ "_.)~.. '. ;". I ' . \" . ,..~~_-F~rr:-I~~
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
95-1113 CIVIL TERM
GERALD RONALD GEHR,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Michael S. Schwoyer, Chief Deputy District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on charges of Indirect criminal Contempt:
1, A protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2, The defendant's violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests the filing of an Indirect criminal
Contempt charge upon information received,
4, The District Attorney's Office approves the filing of
this private criminal complaint,
5. The Commonwealth is requesting a trial on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C,S.A. S6113.
6. The plaintiff and the defendant may seek modification
of the Order based on the filing of this petition as the Court
deems appropriate following the trial in addition to any other
sentence. 23 Pa.C.S,A. S6117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
criminal Contempt,
R~e~P13~c,t~uQ~~u)mi tted,
(.I,) '~
'i, a. S,' ,- ~
Chi f Deputy~istrict Attorney
AND NOW,
. .L PROTECTION ORDER
this (~., day of March, 1995,
upon consideration
RUBY IRENE GEHR,
plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-111J CIVIL TERM
GERALD RONALD GEHR,
Defendant
PROTECTION FROM ABUSE
of the Consent Agreement of the parties, the following Order is
ent:ct:ed:
1, The defendant, GERALD ~ONALD GEHR, is enjoined from
physicallY abusing the plaintiff, RUBY IRENE GEHR, or from
placing her in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff is
relatives,
J. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
4. The defendant is excluded from the plaintiff's
residence located at 46 Old stonehouse Road, CarliSle, Cumberland
County, Pennsylvania, until March JO, 1995; for the duration of
Order, the defendant is excluded from the master bedroom, the
adjoining half bath, and the shower downstairs. The defendant
has his separate bedroom and master bath. Neither party will
deny the other access to the other areas of the house.
5, The defendant is ordered to relinquish to the sheriff'S
'. ,;l: (;i,\)\' HiOi,i fiF.CORD
I, l:';clil1:)I1Y ."iiJI\lcI,lllclti unto) ',lll OIl' hand
,.,j tlw :'l) \1 01 s:li,1 (:O:Jf1 JI C.lllislc, Pa.
'y, ,',( L .day ol';J:/.JL' , 19tiv;;
. " ~ :---
Prothonotary
department the following weapons which he owns, possesses or has
used or threatened to use against the plaintiff : 4 shotguns, and
the defendant is prohibited from acquiring or possessing any
other weapons for the duration of the Order.
6. The defendant is ordered to reimburse the plaintiff's
out-of-pocket losses suffered as a result of the abuse including
but not limited to the losses listed on the attached sheet marked
Exhibit A. The total amount of losses shall be reimbursed to the
plaintiff within 60 days of receipt of the bills. An award under
this chapter shall not constitute a bar to litigation for civil
damages for injuries sustained from the acts of abuse giving rise
to the award or a finding of contempt under this chapter.
7, The defendant shall be responsible for $25.00 surcharge
and court costs in the amount of $66.B6.
B. This order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
9. This order may subject the defendant to: i) arrest
under 23 Pa. C.S. 56113; ii) a private criminal complaint under
23 Pa. C,S, 56113,1; iii) a charge of indirect criminal contempt
under 23 Pa. C.S. 56114, punishable by imprisonment up to six
months and a fine of $100,00-$1,000.00; and iv) civil contempt
under 23 Pa. C,S. 56114,1. Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
10. The Silver springs Township police Department shall be
provided with a certified copy of this order by the plaintiff'S
attorney and may enforce this order by arrest for indirect
criminal contempt without warrant upon probable cause that this
order has been violated, whether or not the violation is
committed in the presence of the police officer. In the event
that an arrest is made under this section, the defendant shall be
taken without unnecessary delay before the court that issued the
order. When that court is unavailable, the defendant shall be
taken before the appropriate district justice. (23 P,S. S 6113).
';
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1113 CIVIL TERM
PROTECTION FROM ABUSE
II
RUBY IRENE GEHR,
Plaintiff
GERALD RONALD GEHR,
Defendant
OUT-OF-POCKET LOSSES
The plaintiff requests that the defendant reimburse her out-
of-pocket losses:
For any and all medical expenses not reimbursed through the
plaintiff's medical insurance coverage relating to injuries she
sustained as a result of the incident on or ab"ut February 21,
1995. (The doctor has not billed the plaintiff as of the filing
of this petition).
Exhibit A
RUBY IRENE GEHR,
plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1113 CIVIL TERM
GERALD RONALD GEHR,
Defendant
PROTECTION FROM ABUSE
MOTION TO AMEND PROTECTION ORDER
1. The plaintiff, by and through her attorney, Joan Carey
of Legal services, Inc., moves the Court to substitute the
attached corrected Order for the Order entered on March 15, 1995,
in the above-captioned case.
2. The correction made is to paragraph 4 substituting March
20, 1995 as the date when the plaintiff's exclusive possession of
the residence ends. March 20, 1995 reflects the Court's order
that the possession remain in effect for ten days from the date
of hearing,
3. opposing counsel's attorney, Charles Rector, joins in
this request to change the Order.
WHEREFORE, the plaintiff requests that the March 15, 1995,
Order be corrected according to the above terms.
Respectfully submitted,
(1:1
, LII".( l "",.-
11/ l_' c.t!..( !/
oan carey, Attorney for plaintiff
LEGAL SERVICES, INC.
a Irvine Row
carlisle, PA 17013
(717) 243-9400
; lilJ1: em:'!' F-nm,'l Ht:cor~l?
'~~;,!ii\[)!'Y wI,o;ciJf. 111:11(; \lllta $'llmy hand
, . '; ill!] S",'\ 01 ;,~,itl COllet J\ Garlisln, Pa.
Vlj}~;h-/1... U'l; OL':~~ 19 q~,
CJ!i.' ~7 ,)~ .tJ'tp~
Prothonotary
RUBY IREHE GEHR,
Plaintiff
IH THE COURT OF COMMOH PLEAS OF
v.
CUMBERLAHD COUNTY, PEHHSYLVAHIA
NO. 95-1113 CIVIL TERM
GERALD ROHALD GEHR,
Defendant
PROTECTIOH FROM ABUSE
~PROTECTION ORDER
AHD NOW, this ~ day of March, 1995, upon consideration
of the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, GERALD ROHALD GEHR, is enjoined from
physically abusing the plaintiff, RUBY IRENE GEHR, or from
placing her in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
3. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties,
4. The defendant is excluded from the plaintiff's \
residence located at 46 Old Stonehouse Road, carliSle, Cumberland
County, pennsylvania, until March 20, 1995; for the duration of
Order, the defendant is excluded from the master bedroom, the
adjoining half bath, and the shower downstairs. The defendant
has his separate bedroom and master bath. Heither party will
deny the other access to the other areas of the house.
5. The defendant is ordered to relinquish to the sheriff's
department the following weapons which he owns, possesses or has
used or threatened to use against the plaintiff : 4 shotguns, and
the defendant is prohibited from acquiring or possessing any
other weapons for the duration of the Order.
6, The defendant is ordered to reimburse the plaintiff'S
out-Of-pocket losses suffered as a result of the abuse including
but not limited to the losses listed on the attached sheet marked
Exhibit A. The total amount of losses shall be reimbursed to the
plaintiff within 60 days of receipt of the bills. An award under
this chapter shall not constitute a bar to litigation for civil
damages for injuries sustained from the acts of abuse giving rise
to the award or a finding of contempt under this chapter,
7. The defendant shall be responsible for $25.00 surcharge
and court costs in the amount of $66,86.
8. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
9. This Order may subject the defendant to: i) arrest
under 23 Pa. C,S. 56113; ii) a private criminal complaint under
23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt
under 23 Pa. C.S, 56114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa, C,S, 56114.1, Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order,
10. The Silver springs Township Police Department shall be
provided with a certified copy of this Order by the plaintiff's
attorney and may enforce this Order by arrest for indirect
criminal contempt without warrant upon probable cause that this
Order has been violated, whether or not the violation is
committed in the presence of the police officer. In the event
that an arrest is made under this section, the defendant shall be
taken without unnecessary delay before the court that issued the
order. When that court is unavailable, the defendant shall be
taken before the appropriate district justice. (23 P,S. S 6113),
Judge
CRlMlNAL COMPlAINT
(PRIVATE)
INDIRECT CRIMINAL CONTEMPT
JURT OF COMMON PLEAS OF
UMBERLAND COUNTY
INCIOENf NUMum UCR NO,
OlN
:0', '",
. ", ',,:.,..
. r.:....... ......
Ilstrict Allorney's Office @ 0 Approved 0 Disapproved because:
<:OMMONWEALiH OF PENNSYLVANIA
') OCFE~O^NT: VS.
.;);1/"1-'Z G ~ ( t:L ~ 0, NAME '6<<.,. " L('~ R. G'~ k r
~<>J.C<o ,D. 1t.;'~:;;'anl) :~ESS ~4Jo B~.e".\tJf~ . {!. 11M?,o1./JIJ
O 0 B 1/)-.:.i;J... il.] 0'
(ltkntllJ' d~rtt""'t Of' ar;tnCJ' t<pretcuttd and pallllral ,"bJMslan) D . . ,
IIdlng at L (.'" . Od.,L 'lS,.l7ol~ S. S. '<'J.oG.. 3,,~- II (,3.. ...,. _.,__...._..,.~...
, hereby state: I
) iJ I accuse the above named defendant, ,who lives at the address set forth. above or,
. 0 I accuse an individual whose name Is unknown to me but wlio is d=bed as
o his nlcJcname or popular designatlon Is unknown to me and, therefore, I have designated him hereln as 10hn
Doc' with violating the penal laws of the Commonwealth or Pennsylvania at
, (l'Ia""'l'allll"'" SubJl,ulon)
in County on or about _
Particlpant.s were (I/th.,. _ paltlclpants,,,,,,,, Ihtlr no"'" h=, _"tlf1lM namt qfab<>",df/tndanl)1
!) The aetHommitted by the accused were:@ DID VIOLATE ~~)ROT~ITlq~ FRO.lii~~~t~'~P~-O.J H Ii I
IATED: _ AT DOCKET NUMBERCJS-"/1I3/"ltC^'-}~. t'.~~P"""""" <. l<J I
~'>w-y, :t. i)
N THA~EFENDANT DID THE FOLLOWING ACT.S IN VIOLATION OF THE ORDER: ~ p~ -1 ,
- ~t o. ""'c!":l,. ::;L.,t.. I g~ 9 t.. QJ2fl1b-f/..L. I;'u;ti,~ 1:,3.0 tl..\,Ul.. JIi~,.C,a. f ljd,:':' c.......~:..:l; I
L U:Yd:..",,-14 ~-<>-_~J.. it-\, :"-<-- To Ctt. ,'. J-1- I-{~pc- b-'P".......1 >f .:J-LT~,~b a .fu. l I
- ~ '3..:.... 3~ .:l D I 9/. 'OM..... ~'..K......... 1!.ztL.. Q I -L a ' . 9 Ii
- ; ~ ,,~ . u.' .JC.J.l,~tal''- (.. . .
C-~ o1~-- .,J /t:.U.. ,,~ u.... /{,..J!.. -'0 t!..U,- (~'l:. ,.:Mc...... I:"" ' 9 ~);.._t-1t'.",">';:t~,..,.. "D /l.lL#.J,. ~ !
h-<-.! j) {f.-e..e .,.,.... f"'A, fh.-(;t. J.!,,-,,-, 1..9 t[...(J.. C\, /!v......,,1.. I,.",.. ~ ":;:';;J.J/i "f, ~'f~ ,5[t\.<,;..." ~N'
<\. -tl.-1 +0 i ,4 (l'r!, ..ct, I ~r.~-1-h. ~).ud' 1J.,. t~fHk I!...,...... ,-;t- 7': c ~~3'h~L ~~~t-~.ff,~";;:-: .
J or which WctC against the peace and dignity of the Commonwealth of Pennsylvania and contruY to the /v;t or AssCmbIf,~
: In 1iolalioQ of and of the kt of
r the
(Sub"lrJlon)
Orolnaneeof~~.
(1'aI1~1Jn)
I) I ask tbat a warrant of arrest or a summons be Issued and that tile accused be required to answer tile charges
I bave made.
';.;..:'ili.~j),:~, :I:..i'i;; ;~:'.,;J'.~ ';oL..;
(StrtllJn)
~\. ~:. ;~~'.:'" ,:'1.' ~ :~;;. ;:'::.: ~;~:
~~~~~:;t;,'i:)}{i j.;:,~:tf:t.I'(t;k.t;:.;,I}r';l~dl;ft~'la;-:ti::~":'" '. ~":''':.:. ..~.::~
'~i,t:i;[i.-i.~..a::f!'"..i~";.';llYi:;E:
I) I verify that tile facts set forth in this complaint arc trUe and correct to the best or my knowledge or inromllition
and belief. This verification is made subject to the penalties of Section 4904 or the Crimes Code (18 l'a. C. S.
~ 4904) relatinn to unsworn falsification to authorities.
~ - 'J Ir
, 19:J.1-
(
1'.
(
,
.NO NOW, on this date _. 19 _' I certify Ihe complaint hus been properly compleled and
erified, and thatlhere Is probable cause for issuance of process.
..,L"'IJ_. ....,.,\./\.....; t..",
'I. :{' ~~f~rl-: .~:ii..:;!~/.~
( ,.laS:lsf",lallJiJu/(()
nUII/llf. Ai'iillUtliiJ-
(SEAL)
,
"
Recelveo
FEa ~ 7 /996
f'/J^,lt '1/41-.10 COUNTY
..' 'r;, ~ 11 OIlIlF.Y'S OFFICF.
J
'"'
\:r-
,
'-
.,.. C") ...... L
t~ l.:';; ". \ '">c'
0' , . :1
I. " "I)
U.l~: c...., :.< .
( 'l.~. " .'
~If:~ "'
.- '., '1
l':-' ',. ,
~Ol' '::
0' '1,-,
U-,l~. 1-:-;
[iii' (':.- ;11:1
......
f.: : ";.~; ,.-
I,', ,,) ~j
<.J 0" ()
1
.... ...
u.~ :E .... e I-
0:: ,~ '" <z:u
oz UJ ... .'0 UJ ~
en< l- e c::e 0:: a:: <'l
~~ ,~ xw 0- Z ~
...J '" UJ.... U. Cl ~~ 0
...J>- ... .~ <!lW 2: ,...
~
D.en > o::c.. Cl 2: _ ~~ ~
Z ... X Cl 0
Zz U Lu ...J _Lo..
Ow <!l <t 1-0 I-OWZ
::ED. M 2: ... (,)(,)en<
::E . ..... Lu 0 I-Vl -o::l~
o~ ..... 2: > 0:: LuLuI- O:zO>-
..... Lu c..<!lc.. I-:)J:en
(,)z I 0:: c.:..:; a:::E en Z
u.::l an - Cl Vl<tUJ Co:l-z
00 '" .... - XI- wwg;w
I- (,). >- <t xu 2: J:moD.
0:0 <0 0:: I- 0 1-:::(,) .
::lZ ~ UJ ...J2:U u.::l W
0:) 0:: <!l <to 0(,) ~
Lu ...J
(,)0: :It:<!l<t wu. ::i
Ww 2:2:2: (,)0 0:
J:m 0__ u: <
I-::E :EO:::E u. (,)
Z::l :E<t- 0
OLuo::
-(,) uxu
..
.
rtJ2P:';J 71'"
Plaintiff
IN 'nlE COUIlT 01' COMMON PLEAS OF
ClJMI3EIlLAND COUNTY, PENNSYLVANIA
i
RUDY I. GroJlR,
i
"
,
v,
NO, 95-lttJ CIVIL TERM
GERALD R, GEHR,
Defendant
PROTECTION FROM ABUSE
AND NOW, this
ORDER
day of March, 1996, upon presentation and
consideration of the within Petition, and upon finding that the plaintiff, Ruby
I, Gehr, now residing at 46 Old Stonehouse Road, Carlisle, Cumberland County,
Pennsylvania, arc In immediate and present danger of abuse from the defendant,
Gerald R, Gehr, the following Temporary Order Is entered,
The defendant, Gerald R, Gehr, (SSN: Unknown)(DOB: to/22/4J) now residing
at 46 Old Stonehouse Itoad, Carllplc, Cumberlond County, Pennsylvania, is hereby
enjoined from physically abusing the plaintiff, Ruby I, Gehr, or placing her in
fcur of abuse,
The defcndant is excludcd from the marital residcnce located at 46 Old
I,
,
I
Stonehouse Road, Carlisle, cumberlnnd County, Pennsylvonin, a residence which is
owned In the names of Ruby I, Gehr and Gernld It, Gehr, and Is ordered to stay
awny from any residence the plaintiff may in the fuLure establish for herself.
The defendnnt is ordered to refrain from having ony direct or indirect
contact with the plaintiff Including, but not limited to, telephone and written
commun I cn t Ions,
The defendnnL Is enjoined from hnrnssing and stnlking the plaintiff and
from hnras/dng Lhe plninti ff's relntives.
The defendnnt Is enjoined from removing, dnmnging, destroying or selling
any properLy owned by Lhe pnrties or pl'Operty owned by the plulntlrr, lneludlnll
~
but not limited to removing. confiscating, operating, or tampering with the 1977
Pont iac Grand Prix automobile tit led in his name that he bought for the
plaint iff's use in June, 1995, (The defendunt dr I ves a 1975 Pont lac Grand Prix
titled in his name,)
The defendant is ordered to pay the two mortgages on the mari tai residence
through Aprii, 1996, and is enjoined from disconnecting. terminating or in any
other manner altering utilities to the marital residence including. but not
limited to telephone, electric, and heating fuel services.
A violation of this Order may subjcct thc dcfcndant to: i) arrest under 23
Pa. C,S. 66113; ii) a private criminal complaint under 23 Pa. C,S. 66113.1; iii)
a charge of indircct criminal contcmpt undcr 23 Pa. C.S. 66114, punishablc by
imprisonment up to six months and u finc of $100.00-$1,000.00; and iv) civil
contempt under 23 Pa. C.S. 66t14,1.
This Order shall rcmain in cffect unt il modi fled or terminated by the Court
after not ice or hearing und cun he cxtended beyond its originai expirat ion date
if the Court finds that the defendant has committed an act of abuse or has
engaged In a pattern or practice thut indicates risk of harm to the plaintiff,
A hcarlng shall be held on this matter on April 18, 1996, at 1 :30 p.m., in
Courtroom No, 3, Cumberland County Courthousc, Carlislc, Pennsylvania.
The plllint I ff mllY proceed wi thout pre-payment of fees pending a further
order ufter the heuring,
The Cumberland County Sheriff's Depllrtment sholl attcmpt to make service
lit the plaintiff's request and without prc-payment of fees, but scrvice mllY be
accompiished under any applicuble rule of civil Procedure,
This Order shall be docketed in the office of the Prothonotary and
forwurded to the shcl'iff for service, The Prothnnotllry shull not send II copy of
,
, . . '," . ~cc~_~_ .,,-~
. __ ,c-.tt_r,,"-'.'''''''''~~''_''' A . ... .-I""'._..........__--<-::-:t~-~. I
" ., . '. " ' '.
. , '. . '
this Order to thc defendant by ma ii,
The Silvcr Spring Township Pol ice Department shal J be provided with a
certified copy of this Order by the plaintiff's attorncy, This Order shall be
enforced by any law cnforccment agency where a violation occurs by arrest for
indirect criminal contempt without warrant upon probable cause that this Order
has been violatcd, whether or not the violation is committed in the presence of
the police officcr, In the event that an arrcst is made, under this section, the
defendant shall be taken without unnecessary delay beforc the court that issued
the order, Whcn that court is unavailable, the defcndant shall be taken before
the appropriate district justice, (23 Pa, c,s, 9 6113),
By thc Court I
Joan Carcy
LEGAl. SERVICES, INC.
Attorncy for Plaintiff
Michellc St, Clair
GRIFFIE &: ASSOCIATES
Attorncy for Defcndant
.. ~.~ ~._-_......... ~~~~~ . -~....~..,...........
__' -, ..,-.,:-""'...,"'......~<~.. _ " . "'''J'--.l_~ ~.,q._~____~. j
'-"""", ,-
" :' .". 'I ',. ,
"11 t,.~.( '-;':';':
r " ",' ':' ~. . . -"
.,
~ . ,.. "
':' :~ I
I:: '. ......
3J!4/1t( r~"""m,~\:LC \y,..,l...J
'N L.s. (~,,)
, .
...'.... ,
, .,
..,l',ii
"
",,\
,
I ~ _ .1'" ".
RUBY I, GEIIR,
I N 'mE COURT OF COMMON PLEAS OF
Plaint iff
CUMIlERLAND COUNTY, PENNSYLVANIA
v,
NO, 95-1113 CIVIL TERM
GERALD R, GEHR,
Defendant
PROTECTION FROM ABUSE
NOTICE
You have been sued In court, If you wish to defend against the claims set
forth In the following pages, you must take action promptly after this Petition,
Order and Not Ice are served, by oppearing personally or by attorney at the
hearing scheduled by the Court and presenting to the Court your defenses or
objections to the claims set forth against you, You are warned that if you fail
to do so the Court may proceed wi thout you, and a judgment may be entered against
you by the Court without further notice for any money claimed in the Petition or
for any other claim or relief requested by the plaintiff, You may lose money or
property or other rights important to you,
FEP~C; AND COSTS
If the case goes to hearing and the judge grants a Protection Order, a
surchorge of $25,00 will be ossessed against you. You may also be required to
pay attorney fees to Legal Services, Inc. for their representation of the
plaint iff.
You should take this paper to your lawyer at once, If you do not hove a
lawyer or cannot afford one, go to or telephone the office set forth below to
find out where you con get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CU~mERLAND COUNTY COUR'mOUSE
CARLISLE, PENNSYLVANIA t70t3
TELEPHONE NUMUER: (717) 240-6200
MtF.RICANS WI11I OISABI1.ITIF~C; ACT O~. 1990
The Court of Common plells of CUmberland County Is required by law to comply
with the Amcricans with Oisabi I itleR Act of 1990, For Informlltion about
accesRlblc facilities Ilnd reasonable accommodations aVllilable to disabled
individuals huving busincss before the court, plensc contact our orfice, All
Ill'rangementR must be mnde lit lellst 72 hours prior to un)' hcaring or buslncss
before thc court,
Plalnti ff
IN TIlE COURT 01' COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYI,V AN I A
RUBY 1. GEHR,
v,
NO, 95-1113 CIVIl. TERM
GERALD R, GEliR,
Defendant
PROTECTION FROM ABUSE
PETITION FOR F.xTENSION AND
/oKJDlFlCATION OF PROTF.CTION ORDER
The plaintiff, Ruby I, Gehr, by and through her attorney, Joan Carey of
UXlAI. SERVICr"s, INC" represents the following:
t. A Protection Order was entered on March 15, 1995, in the above-
captioned mat.ter, (See attached Exhibit "A" Incorporated by reference,) A
Motion To Amend Protection Order was filed, and a subsequent Protection Order was
entered on March 17, 1995, (See attached Exhibit "a" Incorporated by reference,)
2. An Order of Court wos entered on June 28, 1995, finding that the
defendant was in indirect criminal contempt of the Protection Order dated March
IS, 1995, based upon the defendant's ndmission of the allegations in the
complaint,
The defendant wns sentenced to s Ix months probation wi thout
supcrvls ion on the condi t ion that he abide by the Court's Order of March IS,
1995. (See attached Exhibit "e" Incorporated by reference,)
3. On or about Februnry 20, 1996, the defendant pushed the plaintiff
from behind as she was climbing the stnirs causing her to fall onto the stairs,
The plnint iff sustlllned a brush burn on her knee as a resul t of this, Incident.
4, On or about Februnry 18, 1996, the defendant entered the plaintiff's
bedroom, screamed at her, and repeatedly opened llnd shut her bedroom door, The
plllintiff feared for her sufelY,
, ,f ~ .~....--.L__::::.::.::::=::::::::'_' . '..,
5, Indirect Criminal Contempt chnrges have been filed against the
defendant, and 11 hearing is scheduled on April 18, 1996, ut t ::30 p,m, before
Judge Hoffer, (See attached Exhibit "0" incorpornted by reference,)
6, The plointlff desires that the defendunt be prohibited from having
nny direct or indirect contact with the plaintiff Including, but not limIted to,
telephone und written communications,
7, The plaint iff desires that the defendant be enjoined from removing,
damaging, destroying or sell In& any property owned jointly by the part ies or
owned by the plaint I rr, Including but not I iml ted to removing, confiscat lng,
operating, or tampering with the t977 Pontiac Grand Prix automobile titled In his
name that he bought for the pluintlff's use In June, 1995, (The defendant drives
a 1975 Pontiac Grand Prix titled In his name,)
8, The plaintiff desires that the Protection Order entered March IS,
1995, be extended through April 18, t996, at which time the matter wi II be heard,
She further desires that It be extended for an additional year.
A, EXCLUSIVE roSSFA'lSION
9, The home from which the plaintiff Is askIng the Court to exclude the
defendunt Is owned in the names of Ruby I, Gehr and Gcrnld R, Gehr. The
plulntlff desires that the defendant be excluded from the marital residence
temporarily pending further Order of Court after the hearing scheduled to bo hold
on April 18, 1996, The plaintiff further desires that he be excluded for the
period of any further Protect ion From Abuse order the Court may enter. The
defendnnt hus bedroom space llvulluble to him at the home of a sister In Carl Isle
or at the homes in Shermnns Oale of his mother and another sister,
10, The pl/ltntlff desires tllllt the defend/lnt be ordered to stay /lway from
/lny residence she mny In the future estnhllsh for herself,
B, SUPPORT
11. The pia Int Iff further des Ires that the defendant be ordered to pay
the two mortgages on the marital residence through April, 1996, and that he be
prohibl ted from disconnecting, terminllt ing or in any other manner alterlnK
utilIties to the marital residence IncludIng, but not limited to telephone,
electric, and heating fuel services,
C, A1TORNEY FEES
12, The plaintiff asks that the defendant be ordered to pay reasonable
attorney fees to Legal Services, lnc,
\\UERIlFORE, pursullnt to the provisions of the "Protection from Abuse Act"
of October 7, 1976, 23 P,S. ft 6101 et se(l" as amended, the plaintiff prays this
1I0norahle Court to grant the following relief:
A, Grant a Temporary Order pursuont to the "Protect ion from Abuse
Act:"
I, Modifying the Protection Order entered March 15, 1995.
consistent with the terms listed above, and
2, Extending the Protection Order until the hearIng to be
held on April 18, t996.
B, After hearing this matter at the time of the Indirect Criminal
Contempt proceeding scheduled on April t8, t996, lit 1:30 p,m" to
enter the following order to be in effect for a period of one
additional year:
I, Ordering the defendant to refrain from abusing the
plaintiff and/or placing her in fear of abuse,
2, Ordering the defendant to refrllln from h/IYing any direct
or llllllrect contllct with the plaintiff inClUding, but not
limited to, telephone and wri tten communlcat Ions,
:\, ordering the defendant to refrain from harassing and
stlllking the plaintiff and from harassing her relatives,
4, Prohibl t ing the defendant from removing, damaging,
destroying or sell ing property joint Iy owned by thc part ies or
owned by the plaint I ff.
5, Ordcrlng the defendant to stay away from thc marital
rcsidence located at 46 Old stonchouse Road, carlisle,
cumberland County, Pennsylvania,
6, Ordering the defendant to stay away from any rcsidence
the plaintiff may in the futurc establish for herself.
7, Ordering the defendant to providc sui table alternate
housing for the plaintiff,
Thc plaintiff prays for such othcr relicf as may be just and proper.
Respectfully submitted,
y &*Piaintlff
LOOAL SERVICES, INC.
a Irvinc Row
Carlisle, PA 17013
(717) 243-9400
, ' ~', ~'4_ 'I " , , t;;.;;':W-::::-_,.1tl :':=::::_-~- . . :.."
, ' .
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
:;
,
!
I
,
I
I
I;
I
,~
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1113 CIVIL TERM
GERALD RONALD GEHR,
Defendant
PROTECTION FROM ABUSE
AND NOW,
-L-PROTECTION ORDER
this {<){'\ day of March, 1995,
upon consideration
of the Consent Agreement of the parties, the following Order is
ent:ered:
1, The defendant, GERALD RONALD GEHR, is enjoined from
physically abusing the plaintiff, RUBY IRENE GEHR, or from
placing her in fear of abuse,
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff is
relatives.
3. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointlY owned by the parties.
4. The defendant is excluded from the plaintiff's
residence located at 46 Old Stonehouse Road, Carlisle, Cumberland
County, Pennsylvania, until March 30, 1995; for the duration of
Order, the defendant is excluded from the master bedroom, the
adjoining half bath, and the shower downstairs, The defendant
has his separate bedroom and master bath. Neither party will
deny the other access to the other areas of the house.
5. The defendant is ordored to relinquish to the Sheriff'S
IOOlIlIl'\' "A"
I ' .
department the following weapons which he owns, possesses or has
used or threatened to use against the plaintiff : 4 shotguns, and
the defendant is prohibited from acquiring or possessing any
other weapons for the duration of the Order,
6. The defendant is ordered to reimburse the plaintiff's
out-of-pocket losses suffered as a result of the abuse including
but not limited to the losses listed on the attached sheet marked
Exhibit A. The total amount of losses shall be reimbursed to the
plaintiff within 60 days of receipt of the bills. An award under
this chapter shall not constitute a bar to litigation for civil
damages for injuries sustained from the acts of abuse giving rise
to the award or a finding of contempt under this chapter.
7. The defendant shall be responsible for $25.00 surcharge
and court costs in the amount of $66.86.
8. This Order shall remain in effect for a period of one
year or until modified or terminated by the court after notice or
hearing and may be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
9. This Order may subject the defendant to: i) arrest
under 23 Pa. C,S. S6113i ii) a private criminal complaint under
23 Pa. C,S. S6113.1; iii) a charge of indirect criminal contempt
under 23 Pa. C.S. S6114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa, C.S, S6114.1. Resumption of co-residence on the
. . ,
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
10. The Silver springs Township Police Department shall be
provided with a certified copy of this order by the plaintiff'S
attorney and may enforce this Order by arrest for indirect
criminal contempt without warrant upon probable cause that this
Order has been violated, whether or not the violation is
committed in the presence of the police officer. In the event
that an arrest is made under. this section, the defendant shall be
taken without unnecessary delay before the court that issued the.
order, When that court is unavailable, the defendant shall be
taken before the appropriate district justice. (23 P.S, S 6113).
rge E. Hoffer, Judge
, . ,
RUBV IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSVLVANIA
v.
GERALD RONALD GEHR,
Defendant
NO. 95-1113 CIVIL TERM
PROTECTION FROM ABUSE
OUT-OF-POCKET LOBSES
The plaintiff requests that the defendant reimburse her out-
of-pocket losses:
For any and all medical expenses not reimbursed through the
plaintiff's medical insurance coverage relating to injuries she
sustained as a result of the incident on or about February 21,
1995, (The doctor has not billed the plaintiff as of the filing
of this petition).
Exhibit A
RUBY IRENE GEHR,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1113 CIVIL TERM
PROTECTION FROM ABUSE
GERALD RONALD GEHR,
Defendant
AND NOW,
~PROTECTION ORDER
this ~ day of March, 1995,
Agreement of the parties, the
upon consideration
following Order is
of the Consent
entered:
1, The defendant, GERALD RONALD GEHR, is enjoined from
physically abusing the plaintiff, RUBY IRENE GEHR, or from
placing her in fear of abuse.
2, The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives,
3, The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
4. The defendant is excluded from the plaintiff's
residence located at 46 Old Stonehouse Road, CarliSle, Cumberland
County, Pennsylvania, until March 20, 1995; for the duration of
Order, the defendant is excluded from the master bedroom, the
adjoining half bath, and the shower downstairs. The defendant
has his separate bedroom and master bath. Neither party will
deny the other access to the other areas of the house.
5. The defendant is ordered to relinquish to the sheriff's
F.XlII nIT "n"
'~ --
, y,,"_ ... ...':c.:t~.~........_.., ",' , .. I..-~ ,.......- - "'-'-.,J -~~~t .
. ,h. ' . ' ' :', . I '
. '. ,
- -......-.
department the following weapons which he owns, possesses or has
used or threatened to use against the plaintiff : 4 shotguns, and
the defendant is prohibited from acquiring or possessing any
other weapons for the duration of the Order.
6. The defendant is ordered to reimburse the plaintiff's
out-of-pocket losses suffered as a result of the abuse including
but not limited to the losses listed on the attached sheet marked
Exhibit A. The total amount of losses shall be reimbursed to the
plaintiff within 60 days of receipt of the bills. An award under
this chapter shall not constitute a bar to litigation for civil
damages for injuries sustained from the acts of abuse giving rise
to the award or a finding of contempt under this chapter.
7. The defendant shall be responsible for $25.00 surcharge
and court costs in the amount of $66.86.
8. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff,
9. This Order may subject the defendant to: i) arrest
under 23 Pa. C.S, 56113; ii) a private criminal complaint under
23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt
under 23 Pa. C.S. 56114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa. C.S, 56114,1, Resumption of co-rosidence on tho
. ,.,.F",-", ."n""'~.',~!...""'''_ .:, f'- .' : ~""'-':<"''''~ -; .~.~--:-.....~~.r
,- ". .
. , __ t _ ~ - - ,
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
10. The Silver Springs Township Police Department shall be
provided with a certified copy of this Order by the plaintiff's
attorney and may enforce this Order by arrest for indirect
criminal contempt without warrant upon probable cause that this
Order has been violated, whether or not the violation is
committed in the presence of the police officer. In the event
that an arrest is made under this section, the defendant shall be
taken without unnecessary delay before the court that issued the
order. When that court is unavailable, the defendant shall be
taken before the appropriate district justice. (23 P.S, S 6113).
I .
,
I
!
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
vs.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-11.13 CIVIL TERM
PROTECTION FROM ABUSE
GERALD RONALD GEHR,
Defendant
MOTION TO AMEND PROTECTION ORDER
1. The plaintiff, by and through her attorney, Joan Carey
of Legal Services, Inc., moves the Court to substitute the
attached corrected Order for the Order entered on March 15, 1995,
in the above-captioned case.
2. The correction made is to paragraph 4 substituting March
20, 1995 as the date when the plaintiff's exclusive possession of
the residence ends. March 20, 1995 reflects the Court's Order
that the possession remain in effect for ten days from the date
of hearing.
3. Opposing counsel's attorney, Charles Rector, joins in
this request to change the Order.
WHEREFORE, the plaintiff requests that the March 15, 1995,
Order be corrected according to the above terms.
Respectfully submitted,
(j'
l',
t. ~l 11......../ t(..'t..I!.'L
oan carey, Attorney
'/LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
---
for pIa nt ff
~
RUBY IRENE GEHR.
Plaint! ff
IN THE COURT Of COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
95-1113 CIVIL TERM
PROTECTION FROM ABUSE
VS
GERALD RONALD GEHR,
Defendant
IN RE: INDIRECT CRIMINAL CONT.EI1EI
.uRD E R 0 F Cm
AND NOW, June 28. 1995, 2:15 p.m" Gerald Ronald Gehr.
having appeared in open court together with personal counsel,
Michelle St, Clair, Esquire. and the matter being coIled for a
hearing on the charge of indirect criminal contempt of our Order
of March 15, 1995, ond the defendant having admitted the
allegations of the complaint numbered A43203, we do find that
based upon that admission that the defendant is in indirect
criminal contempt of our Order,
The victim and the D.A, having both reloted that since
the defendant is the breadwinner in the family that they do not
wish him to be put into Jail, sentence of the court is that the
defendant sholl be placed on probation for a period of six
months without supervision on the condition that he abide by our
Order of March 15, 1995.
,.,.. copy FROM At!OOAD
In Tesllmony whereof, I here unto set my haM
and I slJql 01 s id. ~ ourt-al Cartlsle, Pa,__
Thl OU,- oa J~~JLlly. 191.\
,L . /..,...
I ' Prolh olary
William , obig, Esquire
Sr. Assistant District Attorney
One Courthouse Square
Carlisle, Po. 17013
By the Court,
. Hoff r, J.
Joan Ca ey. Esquire~
Legal Services, Inc.
8 Irvine Row
Carlisle, Po, 17013
Michelle St. Clair. Esquire Probation Office
200 North Hanover St.
Corlisle, Po. 17013 Prothonotary
For the Defendant 1\XIIlIlJ'r "c" :mtf
c.:.e.Mtf'&ALo~1.J'IN' . ..,..ttVAtb)
..-
URT OF COMMON PLEAS OF
IMBERLAND COUNTY
INDIRECT CRIMINAL CONTEMPT
INCIDENT NUMUEn ucn NO,
OT
:.~ ',~
. '. ':'1" .
: r.:........ .Po, '.
strict Attorncy's Orrice @ 0 Approvcd 0 Disapproved bccausc, -COMMONWEALn~ OF PENNSYLVANIA
.:) _ .;;t,. 9 ~ G2J. 0 aL OEFE~~,,:": ,VS, .,'
(J}"j/tJ it ""'l) ~ /S"."."J NAME c::.(!""f\L~ R, Gc.}...r
- i", ,0. 'lif:;/:;;;_, :.,~ ('".,. 4.3 0 ;3;:.i'ct-~. f.. /1"? 0 v,
. rqJta(Jl,td Qud poI/'/(oJ '"bdl'/JIo~) [J D.O. B, IlJ - ~J. ~ if J
~ . - Ctw. -1-'" no, ~ S. S. M.o I., 3.:2.- 11 {,.3, ,....._ ______.._...
I
l' ant, .who lives at the address set forth above 01 : I , ~_.r'"t" \
("\ 1, 1e is unknown to me but who is described 8$_ M l ':;) lll\or~"i'tt'y'\.
m-~l.>f'oa.,"I\cl'l\. \.l.c.4. j -k
,tlon is unknown to me and, therefore, I have a~,k, ~
If the Commonwca[th of Pennsy[vania at - l"l"nA.;O- &.,-
7 ' fl"'U- ... <] S-
County on or about . ~ k~~..(-
Partlcl "-llrdr.......hor,~nzdl4t1(ll1l.qfQ6u..d<ftnd.III)1 ~ I .
. Theactscommlttcd by the accused wecc:@ DID VIOLATE .(re~ROT~m~Y- FRO "1~~~RPli.. I'l,,~l
\TED: AT DOCKET NUMBER<1S--1f/3/'lI?'6-..... . -v'
~ THA~~~NDANT DID THE FOLLOWING ACtS IN VIOLATION OF THE ORDE~ . :; ,
/7h. fl;:id.. J &', 91. 4fhb-<t.,(.~ 1: s., a..n. ~ J:L".e,iJ. f. 1:f:.;I.;. c...~~
Oh~ ~ ir- ~ -h CfL. y. ~ I.(~ c-p-~ -J .o-L:l"'i ~ k.{.
~~, 'If. 0 (J
(n,. ~..;;;r.J..:lo, ~~ br.. Y' jo 9.:<"e'. JJ
~..... ot.--... .,J ;t:.t.i ~ u..c. ~ To t;it";J:..::t..r;;,..:~ &::: ~ 4.~ ~-;;t",'..-, n AuJ. ~
......l ~ ifU ~-- ~ f4:t" Jh,.u., -SlU ~ r~ .t:........... q, '~ti ~ ~L.ff "?t""":"J ~~
~-U-1 =-1.. t<~ a.'tJ1 I~+.. ,0'0' 1.1.~e.........,~ 'i':dc'l;'A5l--LLa-t-~~~
or whlcb. wecc against the peace and dlsnlty 4f the OlmmOl1wea1th of Pennsy[vania and contrary to the .Act of AssCmb .-..
in 'rioIatioa or and _~ of the.Act of
(Seal",,) ~)
the OrdlIl8l1CCof~~,
I asIc tbat a warrant of arrest or a summons be issued and that the accused be required to answer the charges
I have made.
You \"
Dh
Doe;
,;;...i:,~.;~~,'~. :I:i;ii ;; :':.j ):~ J:'_ ..
,r~~~~[:,' t).:.:; ~ ~ ~.:':t~t.,' j'...;k;.::..'..;~~v.:~'I~t :~'tH;-iJ :.~: ',: :. .1........,' /. ,I ;::~~
'.l:::fi."(,;~.i.v..ii.;:.~..;:;.'oj !:';{:_!.i:ii!.:~
) I verify that the facts set forth in this complaint arc true and correct to the best of my knowledge or Infonnation
and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code ([8 Pa. C. S.
~ 4904) relating to unsworn falsification to authorities.
...:{- ';Z (-,.
,19~
\,
,0'
,
NO NOW. on this date , 19 _,1 cIl>>tlll'llIre ~lJlllplDint has been properly completed Dnd
:rificd, and that there Is probablc cause for lS1iuancc of process.
'., ~r>k^ir. ,')" ':r.. 'i>N!I.J~
'I, ..Ub.' Ii ,"10:" ~
(M,a,iJI<<la/lJ/,rrld)
6XN(cIT'j)"
(IJn,III1: AIII"orll)')
(SEAL)
",'. c,
~< -
I i~ ,
uli' "
I:':S
c' ~" -' ~ '.
!T:'
't..; - ."j
<.j'i .- :!'I~
U',
UJ,-I. ..-......
__.1 C', -If ~]
c:::;"
I": !-
"- :~i
,. u')
t.5 \,i) (j
vs.
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1113 CIVIL TERM
PROTECTION FROM ABUSE
RUBY IRENE GEHR,
Plaintiff
GERALD RONALD GEHR,
Defendant
MOTION TO AMEND PROTECTION ORDER
1, The plaintiff, by and through her attorney, Joan carey
of Legal services, Inc., moves the court to substitute the
attached ~orrected Order for the Order entered on March 15, 1995,
in the above-captioned case.
2. The correction made is to paragraph 4 substituting March
20, 1995 as the date when the plaintiff's exclusive possession of
the residence ends. March 20, 1995 reflects the Court's Order
that the possession remain in effect for ten days from the date
of hearing.
3. opposing counsel's attorney, Charles Rector, joins in
this request to change the Order.
WHEREFORE, the plaintiff requests that the March 15, 1995,
Order be corrected according to the above terms.
Respectfully submitted,
" . ,.' 1,/' @v'c.i!.-c...,
oan carey, Attorp y
v'LEGAL SERVICES, I C.
8 Irvine Row
carlisle, PA 17013
(717) 243-9400
pIa nt ff
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1113 CIVIL TERM
GERALD RONALD GEHR,
Defendant
PROTECTION FROM ABUSE
AND NOW,
~PROTECTION ORDER
this ~ day of March, 1995, upon consideration
of the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, GERALD RONALD GEHR, is enjoined from
physically abusing the plaintiff, RUBY IRENE GEHR, or from
placing her in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
3. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
4. The defendant is excluded from the plaintiff's
residence located at 46 old Stonehouse Road, Carlisle, Cumberland
county, Pennsylvania, until March 20, 1995; for the duration of
order, the defendant is excluded from the master bedroom, the
adjoining half bath, and the shower downstairs. The defendant
has his separate bedroom and master bath. Neither party will
deny the other access to the other areas of the house,
5. The defendant is ordered to relinquish to the sheriff'S
department the following weapons which he owns, possesses or has
used or threatened to use against the plaintiff : 4 shotguns, and
the defendant is prohibited from acquiring or possessing any
other weapons for the duration of the Order.
6. The defendant is ordered to reimburse the plaintiff's
out-of-pocket losses suffered as a result of the abuse including
but not limited to the losses listed on the attached sheet marked
Exhibit A. The total amount of losses shall be reimbursed to the
plaintiff within 60 days of receipt of the bills. An award under
this chapter shall not constitute a bar to litigation for civil
damages for injuries sustained from the acts of abuse giving rise
to the award or a finding of contempt under this chapter,
7, The defendant shall be responsible for $25,00 surcharge
and court costs in the amount of $66.86.
8. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
9. This Order may subject the defendant to: i) arrest
under 23 Pa. C.S, 56113; ii) a private criminal complaint under
23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt
under 23 Pa. C.S. 56114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa, C.S, 56114.1, Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
10. The silver springs Township Police Department shall be
provided with a certified copy of this Order by the plaintiff's
attorney and may enforce this Order by arrest for indirect
criminal contempt without warrant upon probable cause that this
Order has been violated, whether or not the violation is
committed in the presence of the police officer, In the event
that an arrest is made under this section, the defendant shall be
taken without unnecessary delay before. the court that issued the
order, When that court is unavailable, the defendant shall be
taken before the appropriate district justice, (23 P,S. S 6113).
Judge
J
,
;,
i ~
Ii
I
.~
..
~
~
.:J
o
..,.
~
C!.
Lr> ,.
en
~ ...
a::: ,.' '.
,..t ",
r~ ,., , . .
." ,.. .. -'
.
t"-
'" .
'. ...
~ .'
-v
-2 J
r; J
" J
r: 'J
,~ -0
f~
~1 ~ 1
0-0-
I
t
IT\
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
95-1113 CIVIL TERM
GERALD RONALD GEHR,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
I~~ ORDER OF COURT
AND NOW, thisl~ day of June, 1995, this Court certifies
that the attached complaint has been properly completed and
verified, and there is probable cause for the issuance of
process, In consideration of the attached Commonwealth's
Petition, the defendant, GERALD RONALD GEHR, is directed to
appear for trial on the charge of Indirect Criminal Contempt
before the Court on the ~day of 5}~ , 1995 at /:30
o'clock -f2 .m. in Courtroom # --3of fhe Cumberland County
Courthouse, Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant, If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial,
By the Court,
er
J,
William I. Gabig, Esquire
Senior Assistant District Attorney
GERALD RONALD GEHR
JUH 19 II ZJ ~~ '95
l. lHICr
Of ~'I' i !,.ltiON~Hk'
r:lJHt',;I\,MHi C(' 1HIl
!It Hi,S) ;:.'I.lj!}.
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY I PENNSYLVANIA
V.
95-1113 CIVIL TERM
GERALD RONALD GEHR,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
William I. Gabig, Senior Assistant District Attorney of
Cumberland county, Pennsylvania brings the following petition for
a hearing on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2, The defendant's violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received,
4. The District Attorney's Office approves the filing of
this private criminal complaint,
5, The Commonwealth is requesting a trial on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A, S6113.
6. The plaintiff and the defendant may seek modification
of the Order based on the filing of this petition as the Court
deems appropriate following the trial in addition to any other
sentence, 23 Pa,C,S.A, S6117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Respectfully submitted,
\'1/' /L\),
Wi~llam I. G~~g
Senior Ass~an: istrict Attorney
CRIMINAL COMPLAINT
TYPE
MBER
(POLICE)
AR
DISTRICT JUSTICE
MAGISTERIAL DISTRICT NO. 09-3-04
GLENN R. FJIRNER
5002 LENKER ST
r.wx::UANCIDURG, PA 17055
A 43203
INCIDENT NUMBER UCR o.
95-062416
OTN
I.
PI'LH. J, \~. 1JaoIS,
Bl\DGE2406
COMMONWEALTH OF PENNSYLVANIA
OEFENDANT: VS,
r GERALD RONALD GEHR
46 OLD STONE HOUSE RD
CARLISLE, PA 17012
NAME
AND
ADO/1ESS
(SII/l/t'tJIA/lJ.mt)
of SILVER SPHING TOONSIlIP POLICE DE!"l'. PA0211700
(lckmll.rclt'/lflft"'1'1It "'II,1:c'I/(1' n'/In'.II'lIIe'.! II/lei {IlIIiUld/HlMirilfllll)
W!M!54
DOB 10-22-42 OlN: 11778787 PA
AS.A.
AKA
do hereby stute:
(I) a luccuse the ubove nUl11ed defend lint, who lives lit the uddress set 1l1rth ubove or.
~ 0 luceusc un Individulll whose nUl11e is unknown to me bul who Is described us
J
,~ 0 his nieknlll11e or pOllUllIr designution is unknown to l11e undo thereliw, I hllve. !le~ig8ut~d him Il~[cill a'L John
e- Doc; with violutir)g the penul IlIws of the Coml11onweulth of PcnQsylvllnill ut 4b ur: Sl'ONl:: lOOSl:: RD
l!: CARLISLE, PA 17u12 (residence of Ruby & Gerald GElffi) r/'t"",..I\.IiI/foll.luMM.I/I>l/i
~ SILVJ:;R Sl'HING 'lWl' in CU~lIJI:;KU\NU County on or ubout 6-12-95 approx. 1800 hrs (GeM
'" I' "
u urllClpunts were (lflhc'n'lfl'I'I'l'lIftld/lcllm.l'lan'lhl'lrllllmc'.\ 11m.'. fI'pt'tIllll1: 'hC'ndtllC'Il!"hlll'l'.!I'k"d,IIIJ):
- GERALD RONAlD GEHR .
(2) TIlc lIets committed by the uecused were; 0 INDIREX:T CRn-IINAL COm'DlPl'
'rhe defendant violated the Order issued under the Protection From Abuso Act in No. 95-1113,
on ~larch 15, 1995, by the Iboorable Glorgo E. HOFFER, which Order directed defendant
not to harass the victim, enter the victims bedroom,or place tho victim in fear of abuse.
In that toile defendant did on the above listed date and time did enter the victims bedroom,
verbally harass her and did place hor in fear of physical abuse.
(SEE A'ITACHED PROBABLE CAUSE)
all of which were lIgalnst the peace lInd ulgnill' of the Comlllonwealth of I'ennsylvanill and contrary to the Act of Assel1lblYL
or in vlolution of 10190 and of the Act of JUNE 23, 1978 PROfOCTIQN FRG1 ABUSE lICf
(St'f/llm) (,';,,11..\(""1/11/)
or the r
Ordinance of
(H,u,i;'dl SlIb.dir/.llm,J
(3) I IIsk thlll u wurrunt of urrest or u summons he Issued uud that the uceused be required to unswcr the churges
I have mude,
(4) I verify that the Iil~ts set forth in this complllint ure Irue and correct 10 the best of illY knowledge or information
und belief. This verificnlion is made subject 10 the penalties of Section 49114 of Ihe Crimes ('ode (18 I'a, C. S,
~ 49ll4) rellltlng to unsworn fulsificalion to authorities,
.19_
~
AND NOW, on this uute , I'! _. I cent-, the complaint has becn pruperly compleleu und
verified, und thut therc is prubable cuusc rur issuunce of Ilruecss.
('''''';/\1(','''/011Ifll'l)
(SEAl.)
(Ill'/III~ ,lIl1ltllTltI'}
AOPC41 I.BfJ
OHIGItML'SEt.IILVLHSL SlOE rOil W^IVEIl Mill FOOWOIL!;
-----~---_._------_._---,..-
\'
I
i
I
WAiVER
(Ilu!c 1,10)
On ____ ,._,,____,__ _,'._, . II) , I "I'I"'''lcd hoti'lc
\\lIn told 1Il~ "I' 111)' ril!ht lu hil\~ a prclimillill'Y hl';trilll~, ,\Ill!
preliminary hCllring uml COIl'icrll 10 he hOlllld llHr to courl.
I h~Il'h)' ~in' lip my right III ,I
( 1'\'/I'l/d,1/I1 )----
l 'Iii;;;;"" f",-,~',i.:,;,I;I~/i j~---"----"~_.
(~id,frt'\;~;i.li,';';'i;;'l
o St'l.limh.1 ,\ltnlttltlrl' I!/I/;t' /111'/\ .wllkit'lIf 1(1 tldl'bt' Ihl' dcti,t1dllfl' fll Ih,' II/JIlin' 0(1111' t,/Ii'll~(, C'''II~I'd. St'ilhl'r I/U' ('\'ldl'lfn'lltJr ,/'" ,
.'iltllUtl! lIl/,'~c'(/(1' rio/al('llu('('t! bt' dle'll, n/lr .\hall a rita/i/lll or/III' \/;I'lIIc' allc'}.!('dh \'ill/alcd. Itl' ilw/f: "t'\',~l/kh'IIt. /11 a ",,,,,ollllary ('"w,
.\W.l;Jrth tI f'ilitl/hm ortllt' .'iJlt'fi/k .\l'difllll/I/d _\11/HI'(lloII o(llil' .HlIlltl!' IIrOI'l/lUtllln' cll/t'~l'd(l' rio/alt'd.
..
AFFIDAVIT RIDER CONTAINING PRODABLE Cl\USE FOR TilE ISSUANCE OF 1\
WARR1\NT OF ARREST FOR TilE FOLLOWINGs GEHI\lD HONAlD GElIR 0013 10-22-42
CQMM, v, GEIIR
date 6-13-95
INDIREX:!' CRIMINAl COOl'EMPl'
On 6-12-95 Officers BURGER and SNYDER of the Sivler spring 'lWp Police D1Jpt.
I
answered an anonymJus complaint of a dorrcstic at 46 Old Stone Ibuse Rd Carlsile.
These officers sfOke with both Gerald GEIDl and Ruby GElIR, residents at that address.
The officers could not see any physical abuse and could not get a definate resfOnse
of any violation of the court order.
I
On 6-13-95 at 0745 hrs. Officer roI'S sfOke with Ruby Clli11R in relation to ,a
ron-active dOJ1'estic. The dorrestic occured on 6-12-95 approx. 1800 hrs. Ruby GEIIR
related that she was afraid to speak to the officers the previous night, due to
the fact her husband would be upset, She was calling now since her husband was out
of the house.
l
I
i
i
.
r
i
r
~
,
,
Ruby GEHR related the following facts that occured on 6-12-95. She heard her
husband (Gerald aka JAKE) COIOO in the garage and into the utility room down stairs
approx. 6PM. She related that he was mumbling to himself. When he CilIre up the stairs
he was cursing and swearing, she could rot make out what he was yelling about. She
started back to her bedroom, Her husband followed her to her room and as she unlocked
the door he stated n this door sl:<Jys opened from now out, n When she tried to close the
door she could not due to him holding it, Ruby was sitting on the bed trying to write
a receipe to take to a diabetic counciling class she wanted to attend.
[UWllO 11110
-',
oA' Dr
, 19_
/
/.' -' I .~ I H~-
('
I
PUSOIIALLY Al'l'EARED rOllE lIE ON , 19 , IIIE AHIA"r AlIllVt NAHrO 11110 BEING DULY
S\klRN -, ,
(ArFlRItl:OI ACCOIlDING 10 LAII, SlroNto III1S ArrlDAYIJ RIOIR IN "' rUSINCE AND Drrcl'<rD AIIO SAID IIIAr IIlE rACIS SEI
rORrN THEREIN ARE TRUE AND CORRLcr TO THE Rrsr or ArrIA"" kNI~rDr.t, rNIORNArlON AND BEllEr.
'I&MAIURE or ArrlAN11
( ISSUING AUr~lr' I
I SEAL I
.'
I
I
I,
CG1M. v, GElffi cont.
Gerald sat on the bed in Huby's room for 15-20 minutes shouting at her
that she would not listen to him, and that she did not ask him if she
could go the diabetic councling classes.
Gerald left Ruby's bedroom and went to watch 'lV. Ruby went outside
in the yard until it got dark.
Approv. llPM Ruby went to her bedroom for the night, As she lay there
she heard Gerald go to his room, She then heard him get up and walk to the
garage and stay there for approx 10 minutes. During this tiIre she could her
him walking around and wondered what he was doing and if he was going to corre
in her room. lie then came back to his room and she could her him talking to himself.
About 10 minutes later he went back to the basement.
The next rrorning when Ruby was in the kitchen at 7am Gerald asked Ruby
"what her problem was?" lie told her to go get an attorney that he'll rep:lsse
the house and she would not get anything,
While this office was trying to get the facts, the victim was very distraught
and crying.
The afore mentioned facts are true and correct as related by the victim.
j,;P!, ;t~
'-<J1
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
I
I
I,
vs,
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1113 CIVIL TERM
GERALD RONALD GEHR,
Defendant
PROTECTION FROM ABUSE
MOTION TO AMEND PROTECTION ORDER
1. The plaintiff, by and through her attorney, Joan Carey
of Legal services, Inc" moves the Court to substitute the
attached corrected Order for the Order entered on March 15, 1995,
in the above-captioned case.
2. The correction made is to paragraph 4 substituting March
20, 1995 as the date when the plaintiff's exclusive possession of
the residence ends. March 20, 1995 reflects the Court's Order
that the possession remain in effect for ten days from the date
of hearing.
3. opposing counsel's attorney, Charles Rector, joins in
this request to change the Order.
WHEREFORE, the plaintiff requests that the March 15, 1995,
Order be corrected according to the above terms.
Respectfully submitted,
0'
(} L-. ,_ /
~~, I L/ _tC.~r..; A.. y'
" Joan carey, Attorney for plaintiff
. /LEGAL SERVICES, IN'C,
8 Irvine Row
carlisle, PA 17013
(717) 243-9400
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1113 CIVIL TERM
GERALD RONALD GEHR,
Defendant
PROTECTION FROM ABUSE
AND NOW,
~PROTECTION ORDER
this ~ day of March, 1995,
upon consideration
of the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, GERALD RONALD GEHR, is enjoined from
physically abusing the plaintiff, RUBY IRENE GEHR, or from
placing her in fear of abuse,
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
3. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
4. The defendant is excluded from the plaintiff's
residence located at 46 old Stonehouse Road, Carlisle, Cumberland
County, Pennsylvania, until March 20, 1995; for the duration of
Order, the defendant is excluded from the master bedroom, the
adjoining half bath, and the shower downstairs. The defendant
has his separate bedroom and master bath. Neither party will
deny the other access to the other areas of the house.
5. The defendant is ordered to relinquish to the sheriffls
department the following weapons which he owns, possesses or. has
used or threatened to use against the plaintiff : 4 shotguns, and
the defendant is prohibited from acquiring or possessing any
other weapons for the duration of the Order.
6. The defendant is ordered to reimburse the plaintiff's
out-Of-pocket losses suffered as a result of the abuse including
but not limited to the losses listed on the attached sheet marked
Exhibit A. The total amount of losses shall be reimbursed to the
plaintiff within 60 days of receipt of the bills. An award under
this chapter shall not constitute a bar to litigation for civil
damages for injuries sustained from the acts of abuse giving rise
to the award or a finding of contempt under this chapter.
7. The defendant shall be responsible for $25.00 SUrcharge
and court costs in the amount of $66.86.
8. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
9. This Order may subject the defendant to: i) arrest
under 23 Pa, C.S. 56113; ii) a private criminal complaint under
23 Pa. C,S. 56113.1; iii) a charge of indirect criminal contempt
under 23 Pa. C.S. 56114, punishable by imprisonment up to six
months and a fine of $100,00-$1,000.00; and iv) civil contempt
under 23 Pa, C.S. 56114.1, Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
10, The Silver springs Township Police Department shall be
provided with a certified copy of this Order by the plaintiff's
attorney and may enforce this Order by arrest for indirect
criminal contempt without warrant upon probable cause that this
Order has been violated, whether or not the violation is
committed in the presence of the police officer. In the event
that an arrest is made under this section, the defendant shall be
taken without unnecessary delay before the court that issued the
order. When that court is unavailable, the defendant shall be
taken before the appropriate district justice. (23 P.S. S 6113).
. ,
:
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1113 CIVIL TERM
PROTECTION FROM ABUSE
GERALD RONALD GEHR,
Defendant
AND NOW,
~PROTECTION ORDER
this {~r, day of March, 1995, upon consideration
of the Consent Agreement of the parties, the following Order is
ent.p.~ed:
1. The defendant, GERALD RONALD GEHR, is enjoined from
physically abusing the plaintiff, RUBY IRENE GEHR, or from
placing her in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
3. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
4. The defendant is excluded from the plaintiff's
residence located at 46 Old Stonehouse Road, Carlisle, Cumberland
County, Pennsylvania, until March 30, 1995; for the duration of
Order, the defendant is excluded from the master bedroom, the
adjoining half bath, and the shower downstairs, The defendant
has his separate bedroom and master bath. Neither party will
deny the other access to the other areas of the house.
5. The defendant is ordered to relinquiSh to the sheriff's
. ,
' >. ,
.-. ' '. . . , '. . "':'.
. ,
;
department the following weapons which he owns, possesses or has
used or threatened to use against the plaintiff : 4 shotguns, and
the defendant is prohibited from acquiring or possessing any
other weapons for the duration of the Order,
6. The defendant is ordered to reimburse the plaintiff'S
out-of-pocket losses suffered as a result of the abuse including
but not limited to the losses listed on the attached sheet marked
Exhibit A. The total amount of losses shall be reimbursed to the
plaintiff within 60 days of receipt of the bills. An award under
this chapter shall not constitute a bar to litigation for civil
damages for injuries sustained from the acts of abuse giving rise
to the award or a finding of contempt under this chapter.
7. The defendant shall be responsible for $25.00 surcharge
and court costs in the amount of $66.86.
8. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
9, This Order may subject the defendant to: i) arrest
under 23 Pa. C.S. 56113; ii) a private criminal complaint under
23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt
under 23 Pa. C.S. 56114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000,00; and iv) civil contempt
under 23 Pa, C,S. 56114,1, Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
10. The Silver springs Township Police Department shall be
provided with a certified copy of this Order by the plaintiff'S
attorney and may enforce this Order by arrest for indirect
criminal contempt without warrant upon probable cause that this
Order has been violated, whether or not the violation is
committed in the presence of the police officer. In the event
that an arrest is made under this section, the defendant shall be
taken without unnecessary delay before the court that issued the
order. When that court is unavailable, the defendant shall be
taken before the appropriate district justice. (23 P.S. S 6113).
rge E. HofFer, Judge
"
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1113 CIVIL TERM
PROTECTION FROM ABUSE
GERALD RONALD GEHR,
Defendant
our-OF-POCKET LOSSES
The plaintiff requests that the defendant reimburse her out-
of-pocket losses:
For any and all medical expenses not reimbursed through the
plaintiff's medical insurance coverage relating to injuries she
sustained as a result of the incident on or about February 21,
1995, (The doctor has not billed the plaintiff as of the filing
of this petition).
Exhibit A
- .... ft.__' ~~'''j-'" ~~.
' JIIIIIII..' ~#t'"""~"""__'"'''''' - .. "', ..' --.--' ~ >.~ .
~""". "'. " "., '
I-
a..
u.~ l!lffi
ZI- ~
OZ .....z
CIl< 0:0 M
~~ ::E: ;:5U Z ....
0: 15~ ~
Ul .... ..... X-J
..1:>- I- .... C <~ ....
n.CIl .~ 0:'" I:z <
Z -J ..... X "C .....
Zz ..... .C UlC O:::E: <:J -
OUJ > 0: .~ l!lQJ 0..... t-OWZ
::;;n. ..... X III .... .....", uUCll~
U Ul~ CQJ zU
~~ l!la.. -JC -O:J-J
l"'l < 01- a:ZO:>-
... LLI Z .....U t-:5J:CIl
UZ ... Z 0 1-LL1 !!.1 Z
u.:J ... LLI . '" .....'" Oa:li:z
00 I '" > t;:;~
Lrl ..... C UJUJ:;JUJ
t-U en -J a..Z J:lDOl1.
a:0 >- < ..... t-::;EUuI
co 0: Vl
:;JZ => Ul - ..... u.:J -J
0:5 '" l!l XO OU CIl
I- UJu. :J
Ua: -JVl
UJUJ <LL1 uO a:
J:lD LL1l!l u: <
t-::;; 3", II. U
Z<
Z:J Ox 0
-U ::E:U
::E:
Oz
Uo
..,
.
,
.
.
.
Ql{iyt yj~
,
, .
~
I
0-
...
I
...5
,~
cj
~
""
J
-
~
. ,
BELVEDERE MEDICAL CORPORATION
Deportment or Surgery
James R, Johnston, III, M.D,
Donold K. Roeder, M,D,
David W, Bryant, M.D.
Rooney B, Fritchley, M.D,
Joseph J, CampbeU, M.D,
David J. Bertsch, M.D.
850 WoInut Bouom Road
Carllsle,PA 17013
(717) 243-2244
March 9, 1995
Patient. Ruby I. Gehr -(008-6/18/49)
Medical Record ff 50542-2
Nurrber of PageR in Medical RecordR I 2
To Whan It May Concern.
F..ncloRed are true and cooplete reproductionR of the original rredical
recordR which are housed in the Surgery Depart:Irent of the Belvedere Medical
Center. The original recordR were made in the regular coun;e of bURineRR
at or near the tiJoo of the matter recorded. ThiR certification iR given
pun;uant to 42 Pa. C.S. Ch. 61 Rubch. E (relating to rredical records) by
the cuRtodian of the recordR in lieu of hiR/her pen;onal appearance.
Sincerely,
rw
CCM10NWEALTH OF PENNSYLVANIA:
CXJUm'Y OF CUoIBERLAND
On this 9th day of March, 1995, oofon'! 1tlP.. a Notary Public in imcl for
said County. Pf!rsonally appearP.d Josf!ph J. CBI11pooll. M.D., to l11P. r;€rE<onally
known, whoso namP. is subscribed to thA within instrwnAnt and ac.kn~~lP.dgf!d
that hA AXf!CUtAd thA sarnA for the PUrpoSA thArein containAd.
IN WITNESS WHEREOF, I havA hArAunto SAt my hand and official sf!al.
(}.? ,( -X' \,tJ./I,,' ,,:cC
Notary pUblic NOlan:. &'.i1
My Connission Expirf!B Jo,'I\L.II."vl\(I,ff;l,.ryI\'.llc
C;ltj'~~ lleil', elf I .:c'.:n;d COlln:Y
MtC;,:.mnil:~:o:.'lE),1...l..'5~I-:'iJ,~. lJJj
I ""iJcr,l'oOll;;yt.'ill1IO/I:;:;C;O:lWocl os
OEllR, Ruuy 1. (con L'd)
DOll: 6/113/1.9
J
7/1/93
Mrs. Gohr ijlli~h~,1abetic Indy who sustained some trauma to her great
toe on tho ~E:lt-I foot, She says ovor the last week it has gotten more red.
There is a subungual hematoma. There are excellent doppler signals
l'resont in tho foot, "horo aro no signs of serious infection. RUb;> had
a large number of questions related to this. I basically did not feel
there was lIny obvious intoction, Out because she told me the rodness sooms to
bo gotting somowhat worse, I put hor on lIugmentin, 1 gave hor 500 mg po tid
from the office supply. Sho has no allergies.
Return in ono weok for furthor follow-up. JJC/jd
7/13/93
lieI' Loe seems Lo ue improving, I sLopped Lhe on Libio Lies Lodsy. I
do noL Lhlnk Lhls Warran La surgel'Y,
Vlill see hol' once a week. JJC/Jd
i
,
!
i I
I
i
OEIIR, Ruby 1. (con t I d)
DOll: 6/1a/I,9
3n
7/13/93
I nspirn Lcd !I smnll nmoun t or blood rrom the toe thn t wns inJured.
This VIDS undel' the toennil nnd it looked like n resolving hema tomn,
1'here is no evidence or inrecLlon in the toe,
Will see her next week, at her request, JJC/Jd
7/20/93
I hn'/c bccn rollowinll her 1'01' n lesion on the right grcnt toe nftcr
tl'awnn, This necmn to bc hunling very nieely sinee I droined the
aubungual hemn tomu Ins t week, There ia much lesa pressure there,
It looks mUI'kedly improved,
I will sce hel' !llJnin in 3 wka, aa nhe is very coneerned nbout 10sinIJ
her foot, However, I think tllis ia henling nicely. JJC/Jd 3 ".~ :)' ~-(;.. 7/'0/9J/
a/10/93
The toennil on the right grent toe has aeparated. Ruby hilS no eomplainta
or Pllin nor any uleeratlons on the foot,
I reeoaunended thnt as far as the foot is eoneerned thllt no Ildditionlll
tl'en tmen t be undel'taken, She should le t the nnil grndunlly henl.
As rnr as her neck is eoncerned, she hns eomplnin ts or difficulty swnllowing.
But she is able to main tuin her nutrition, I cannot reel nny massea
in her neck or finy evidence or inrec tion. I reconunended no ndditionnl
studies nt this poin too.. give it nt lcust n yenr, She is seheduled
1'01' a duplex scan in Oct, We will see wllllt that shows prior to doing
nny invasive work-up, I can't think or uny rinding that would improve
hel' swallowing at tllis point, I hllve a very high threshold 1'01' going
back in to her neck,
She will return ufLel' the duplex Benn is done in Oetober. JJC/Jd r/1o)?ljiIJ.. t,.c
--.-",--_.. .
l
!
I
,
,
!
i
i
"
GElIR, Ruby 1. (cont'd)
00131 6/18/49
4
-.--.-------... .
. ~ .
2/23/95
Ruby asked mo to check out her neck. (There is a separate note
in the chart regarding this.) Ruby basically complained that her
husband tried to strangle her on Tuesday evening, She was worried
about the trauma to her neck causing damage to her operative site.
Ruby has one carotid completely occluded and had a left carotid
endarterectomy in March of 1993,
I examined Ruby, I did not notice any marked swelling. She noted
that tho area under her jaw was swollen, I csnnot reslly say for
sure whether this is definitely swollen, I examined her chest and
back. I did not have her remove her bra, but I did not notice
any bruises oa her back, upper chest"or abdomen, I el<RmJRed ~Bf
feet. She claimed her husband had stepped on her feet7 ~ 3iH no~
notice any lesions on her feet. There were no other signs of
trauma that I detected. I listened to her carotids. There was
no evidonce oC any new bruits. Chest was clear. ^bdomen soft,
non-tender, without guarding or robound,
She did relate her husband had kicked her.
I asked Ruby if she repcrtod this, she said "No". I asked her if
she wanted me to report it, She said "Yes". I referred to my
laws and regulations efCecting medical practice and according to
this document violent assault should be report to the police. Based
upon my review oC this document and the patient's wishes, I called
Silver Spring Twp, police, spoke to OCCicer Toomey, and reported
the incident to him, I encouraged Ruby to also report the incident
as did Officer Toomey,
I reconunend Collow-up at her
duplex prior to that visit,
regularly scheduled time with carotid
JJC/sah .
~ ;j/J-{{Vr ,u..l,
"
2-22-95
GEIIR, Ruby 1. ODD: 6/18/49
'1-rs.
;J.. Y?
KEEP SEpAIlATE FROM OFFICE NOTES
y/ <(
/...//,./
pt called orrice to speak with Dr, Campbell. We told her that
the doctor would not be in until Thursday, 2/23/95, and askcd
if we could help in any way. She said she needed to sec Dr,
Campbell to check her neck where she had surgery, as hcr ncck
was so sore she could barely move it, Later in the conversation,
the pt confessed that her husband had strangled her last evening,
and his thumb had pressed very hard on thc area where the surgery
had been performed. 'I'he area was swollen, and there was pain
up to her car--she said it hurt like an earachc. Shc lost her
voice after the episode, but it has since returned, Shc could
not sleep last evening, and she Bounded very distraught, It
was suggestcd that she go to the ER and be evaluated by Dr.
Campbell when he was out of the OR, The patient said she could
not risk asking a friend to drive her, as her husband might
return and find them taking her to the ER and would undoubtedly
cause more harm, 'I'his is not thc first time she has bcen beaten
by her husband. lie also kicked her last evening in his rage.
pt is unwillingly to call the police or Crisis Center, as she
has not had a positive response from either organization in
the past, She is coming in to the office tomorrow, 2/23/95,
to see Dr. Campbell, as her husband should be at work and will
not know of the appointment. mm
~~
10 () r'I
G 1G
q ~
-v ? fJ 01
1 " 0
.... G q
/I
;
'..',.:
o
8:1:
~!9
j~
Q,
-...
III
I ; ,
, .
,
\
~
,
1 ~
I
j ~
,,~ ~
~
,
I
z
o
>=
0(
It 0 ~
o of 1/.1
Q. 0 r,'
II: . ~
o :f 0
U 0 !:
..J ~ .
.c: 0 :
u m .
Q'" W
I,J ~ ~
:i " "
. < .
~.:c ~
'" 0
Q n
'" m
"
-i
o
w
~
~
w
,
o
w
.
Z
o
..
u
w
.
.
o
u
~
~
w
.
o
o
<
I'
....'
\,
.~,
,~
. -
. -.~
. .
,..--
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-1113 CIVIL TERM
CHARGE: INDIRECT CRIMINAL
CONTEMPT
RUBY IRENE GEHR,
Plaintiff
GERALD RONALD GEHR,
Defendant
IN REI CONTEMPT CITATION DISMISSED
ORDER OF COURT
AND NOW, this 18th day of April, 1996, after
hearing and consideration on the testintony presented on the
charge of Indirect Criminal Contempt, we do find that we'have a
reasonable doubt; consequently, we dismiss the contempt
citation.
By the Court,
E Hoff r, J.
Thomas A. Placey, Esquire
Sr. Assistant District Attorney
Joan E. Carey, Esquire
Legal Services, Inc.
Counsel for Plaintiff
I. ,
..~
;'.1
Michelle ,R, Calvert, Esquire
Anne M, Shepard, Esquire
Counsel for Defendant
:slr
C"''f~' r>>''':''.Lul... ,,./:1:>.1 q(,.
....... i~
" .'
,
I '.
"
': :\
.
. ..
,
L-J
v,
95-1113 CIVIL TERM
I
I
I
I
I:
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GERALD RONALD GEHR,
Defendant PROTECTION FROM ABUSE
IN REI TEMPORARY ORDER DISMISSED
ORDER OF COURT
AND NOW, this 18th day of April, 1996, we dismiss
the Temporary Order entered in this case on March 14, 1996, in
that the hearing was not promptly scheduled within ten days of
the issuance of the Order. Should Plaintiff wish to proceed in
this matter, she will have to proceed with a new petition, As
an aside, we note that the allegations she raised in her '
petition filed on March 14, 1996, were the same allegations we
heard today on an Indirect Criminal Contempt and which
allegations were dismissed after hearing.
By the Court,
Joan E. Carey, Esquire
Legal Services, Inc,
Counsel for Plaintiff _ c.~:'... 1'...",'..(..<.. '-1-/ J.~I'i" '
Anne M. Shepard, Esquire .".5, }" ,
Michelle R. Calvert, Esquire
Counsel for Defendant
Islr
.
1
I )
,
I
I
- .
,
.,
Ruby I. Gehr,
IN TilE COUHT 01' COMMON PLEAS OF
Pin i n t iff
ClJMnEHLAND COUNTY, pENNSYI.VAN I A
~ )"" II /3.
NO, '11't'- CIVIL TEllM
v,
Gernld R. Gehr,
Defendnnt
PHOTI(CTION FHOM ABUSE
AND NOW, t h i ~
TI1~tPOHAllY pROTI\C'I' I ON OHDJlf!
"1..r-
I dny of November, 1996, upon
presentntion nnd considerntion of the within Petition, nnd upon
finding that the plnintiff, Ruby I, Gehr, now re~iding nt 417
First Street, Cnrlisle, Cumberlond County, Pennsylvunio, is in
immedinte and present dnnger of nbuse from the defendant, Geruld
R, Gehr, the following Tempornry Order Is entered,
The defendont, Gerald H, Gehr, (SSN: unknown) (Dute of
llirth: 10/22/43) now residing nt 46 Old Stone House Roud,
Carlisle, Cumberland County, pcnnsylvnnin, is hereby cnjoined
from physlcnlly nbusing the plnlntiff, Ruby I, Gehr, or plncing
her in fenr of obuse,
The defendnnt Is ordered to stny nwny from the plaintiff's
residence locoted nt 4t7 First Street, Carlisle, Cumberland
County, Pennsylvnnin, n residence which is lensed solely by the
plaintiff to which the plnlntiff moved to nvoid obuse, nnd an~'
other residencc the plnintiff mny c~tnbllsh,
The defendnnt is ordered to refrnin from hnving nny direct
or indirect contoct with thc plnintiff including, but not limited
to, telephonc and writtcn cOlllmunication~,
The tlefendnnt Is enjoined frolll hnrn~sing nnd ~tnlklng the
plnlntirf nnd from Itnrnssing th.. plnlntlrf's relntive~.
The defendant Is enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties
or owned solely by the plaintiff.
^ violntion of this order muy subject the defendnnt to: I)
arrest under 23 Pn.C.S. ~6l13; II) n privnte crimlnnl complaint
under 23 Pa.C.S. 66113.1; ill) a chnrge of Indirect crlmlnnl
contempt under 23 Pa.C.S. 66114, punishable by Imprlsonmcnt up to
six months nnd n fine of $100.00-$1,000.00; nnd iv) civl I
contempt under 23 Pu.C.S. 66JI4.1. Rcsumptlon of co-residence on
the purt of the plnlntlff und defendant shnll not nullify the
provisions of the court order.
This Order shall remain in effect unt i I modi fled or
termlnnted by the Court nnd can be extended beyond its original
expiration date if the Court finds that the defendant hns
committed nnother act of abuse or has engnged In a pattern or
practice that indicates continued risk of harm to the plaintiff.
{' .-1(.,-
A henring shall be held on this mutter on the /1/ dnyof
November, 1996, at 3. )(J pm., In Courtroom NO.~. Cumberlund
County Courthouse, Curlisle, Pennsylvuniu.
The plulntiff muy proceed without pre-puyment of fees
pending a further order ufter the hearing.
The Cumberlund County Sheriff's Depurtment shull uttempt to
muke service ut the plaintiff's request nnd without pre-puyment
of fees, but service may be nccomplished under any appl icable
rule of civil Procedure.
This order shall be docketed in the office of till'
. .
~ . - ~.,-' , :. .;..;....~~,::~-;:~= -;:..:.....-:::::.::-:~. '<..-
Prothonotary nnd forwarded to the Sheriff for service. The
Prothonotary sholl not send 0 copy of this Order to the dcfendllnt
by mill 1.
The Carlislc nnd silver Springs Pol ice Departments will be
provided with ccrtified copies of this ordcr by the plllintiff's
IIttorney. This Order sholl be enforced by IIny IlIwenforcement
agency where a violation occurs by arrest for indirect crlminlll
contempt without warrant upon probable cnuse that tills Order has
been violated, whethcr or not the violation is connnitl.ed in thc
prcscnce of the policc officer.
In thc event that an arrest is
made under this section, thc defendant shal I be token without
unneccssllry delay before the court thnt issued the order. When
that court Is unavailnble, the defendant shal I be taken before
the appropriate district justlcc. (23 Pa.C.S. 6 6113).
(f. /1r[,
({ "
r'\""'~J
( . l'--l "
\
l'tJ D-) ,I (J
l, /frY
ht(L I:VVQ.u-ll..c.'I.J(;/~J'-,/
0\-'(.'1 c.c /VOL> I,)., 696
"
\1
Ruby I. Ouhr,
IN TilE COURT OF COMMON PLEAS OF
Plllintiff
v.
CUMBERLAND COUNTY, PENNSYI.VANIA
NO. %- fJS.II/"!J CIVIL TERM
Oerllld Il. Oehr,
Defendant
PROTECTION FROM AIIUSE
NOTICE
You hllve been sued in court. If you wish to dcfend against the
claims set forth In the fol lowing pllges, you must take action promptly
after this Petition, Order and Noticc lire served, by appellrlng
personally or by Ilttorney at the hearing scheduled by thc Court and
prcscnting to the Court your defcnses or objcctions to the cllllms set
forth aglllnst you. You lire warned thllt I f you fai I to do so thc Court
may proceed without you, Ilnd Il Judgment may bc entered IIgninst you by
the Court without further notice for any money clnimed in the Petition
or for nny other claim or rei iuf rcquested by the plaintiff. You may
losu moncy or propcrty or other rights important to you.
FEES AND COSTS
If the clIse goes to hCllring and the judge grnnts a Protection
Order, II surcharge of 525.00 will be IIsscssed against you. You may
also be required to pay Iltlorney fecs to Legal services, Inc. for
thcir representlltlon of the pllllnllff.
You should takc this pllper to your lawycr at once. If you do not
have Il lawycr or cannot afford one, go to or telcphone the office sct
forth below to find out whcrc you CliO gct Icgul hclp.
COURT ADMINISTRATOR, 4th FLOOR
CUMIIERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (7 I 7) 240-6200
AMI':IlICANS WITH DISAIIILITII,S ACT 01' 1990
The Court of Common PIells of Cumberlllnd County is requlrcd by Illw
to comply with the Americllns with Disllblllties Act of 1990. For
Inforllllltlon about Ilccesslble fllcl lities Ilnd rCllsonahle IlCcollllllodntlons
aVllilllble to disllbled Individullls hllvlnR business bcfore tbe court,
please contuct our office. All IIrrllngetllents lIlust be IIlllde lit least 72
hours prior to IIny hellring or business before the court. You must
IIttend thu schedulud conference or heuring.
Ruhy l. Gehr,
IN TilE COURT 01' COMMON PLEAS 01'
Plaintiff
v.
CllMIII:IU.AND COUNTY, PENNSYl.VANI/\
NO. t~_ q~.JII..3 CIVil. TERM
Gernld Il. Gehr,
De fl'ndan t
PROTECTION FROM ABUSE
PETITION (lOR pIW"'ECTION OnDER
IlEl.IIlF UNDI-:R TIlE pnO'I'EC'I'ION FnOM ABUSE
ACT, 23 Pn.C.S. 6 6101 et Ilcq.
A. AIlIlSH
l. The plaintiff, Ruhy J. Gehr, is an adult Individual
rcsiding at 417 First Street, Carl Isle, Cumberland County,
PennsYlvania 17013.
2. The defendant, Gerald R, Gehr, (SSN: unknown)(Date of
Birth: 10/22/43), Is an adult Individual residing at 46 Old Stonc
House Road, Carlisle, Cumberland County, Pennsylvania, 17013.
3. The defendant is the plaintiff's husband.
4. Since approximately 1976, the defcndant has attemptcd
to cause and has intentlonnlly, knowingly, or recklessly cllused
bodily injury, to the plaintiff, committed rape, sexunlly
assaulted or committed ill\'oluntnry devintc sexulll intcrcourse
with hcr, hilS plllccd the plaintiff in reasonnble fear of immincnt
serious bodily injury, IInd has knowingly engllged ill Il course of
conduct or repeatedly committed acts townrd the plaintiff under
circumstances which hllVe placed the plaintiff in reasonllble fear
of !Jodi Iy injury. This has included, !Jut Is nut I llIli ted to, the
fo) lowing speci fic illstllnces of nbuse:
II. On or nbout Octobcr 29, 1996, the defendant came
to the plaintiff's home, banged on her door with his
fist rcpeatcdly IInd pecred into her windows causing her
to feor for her safety. The Carlisle Pol ice were
contllcted, IInd the dcfcndant was given a wllrning that
If he clime onto her property again, he would be
considered a defiant trespasser.
b. In or nbout the month of OctOber, the defendant
called thc plllfntiff duily to tell her that hc knew she
was home, caUSing her to fellr for her safety.
c. On or IIbout October 9, 1996, the defcndant forced
the plllintlff to wntch him as he masturbatcd to a
pornographic video. Whenevcr the plaintiff attempted
to leave the room, the defendant ordered her to sit
down and pushcd her into a chuir. Thc defendant
followed the plaintiff to her bedroom and demanded that
the plaintiff hllvc sex with him. When the plaintiff
atten~ted'to get IIway from thc defendant, he blocked
her with his body. The defendant pUshed the plaintiff
onto the bed, stripped her clothes off of her, and
forced hcr to hllvc sex with him. The plaintiff told
the defendllnt thnt she <lid not want to hllve
intercourse, but he ignored her. The defcndant called
her vile names during the intercourse and threatened
"
her, tell ing her thut if she told unyone lIhout the
incident she "wouldn't I ive too long."
d. The defendunt hns abused the pluintiff since they
wcre married in 1976 in wuys including but not I Imi ted
to thc following: pull ing out fistfuls of the
plllintiff's hair, thrcatenlng to kill her, pushing her
into walls, choking hcr, and heating her about the
head. Since the plaintiff left thc marl till home in
october 1996, the defendnnt has harllssed and stalked
hcr by coming to hcr lIpartment lInd demnnding to be let
in and by calling her daily, cnusing her to fear for
her slIfety. The plaintiff obtained n Protection from
Abuse Order against the defendnnt in thc Court of
Common Pleas of Cumberland County dated March 17, 1995,
No. 95-1113 civil Term. See uttached Exhibit A,
incorporated herein by rcference.
5. On or lIbout October 10,1996, the plaintiff left her
residence at 46 old Stone House Rond, Carlisle, Cumberland
County, pennsylvania, in order to lIvoid further abuse.
6. The plaintiff believes und therefore avers that she is
in Immediate and present dangcr of nbuse from thc defcndant and
that she is in need of protcction from such abuse.
7. The plaintiff desircs thut the defendnnt be prohibited
from having /lny direct or indlrcct contllct with the plaintiff
includ ing, but not I imlted to, tc lcphone I1l1d wri t ten
3
COIIJIIIlIn i Cllt ions.
II. The pJlllnt i rr desi rl'S thllt the dcfcndllllt be enjoined
frolll hlll'URsing IInd stlllkilll-l the plllintlff. IInd from hllrasslng the
pl/llnllff's relatives.
9. The plulntlff delllres lhllt the defendant be cnjolned
frolll I'clllovlnll, dlllllugln!!, destl'oylllg 01' selling nny propcrty owned
jointlY by the pnrllell or owned solely by the plalnllff.
1I.__I'.ltC I MfiL\'JLf.Qlililh'iJilQ!i
10. Tho 1I(llll'llllunl which tho pllllntl rr Is /lsklng the Court
to ul'llel' lhe clefcnclunl 10 HtUY /lWIlY frolll is not owned or rentcd
In the dofelldllnl 'Ii n/lIne.
11. The dl'funclullt hllll his own residence located lit 46 old
Slone lIoullu /toud, CUl'llldu, PUllns)"lvllnlll.
C...._LWiIiHlLMHLlUil!Il!URSllMI!N'I' fOR coS'r 01' C^SH
12. Tho pllllnt Iff usks that the dcfendant be ol'dercd to PIlY
$2~O.l)() 10 rellllhurse one of Leglll Services. Inc.'s funding
/IOUl'cell for Ihu COllt of I Itlglltlng this cnse.
WIIBItBFOllE, pUl'lIl1l1nt tn the (ll'ovislons of the "Protcct Ion
fl'olll ^,HIIIU Acl" of Octoher 7, 1976, 23 Pa.C.S. 6 6101 tl sea., as
IIl11enclecl. the plalutlff (lrllYs this lIonorahlc Court to grant the
followllIH lullef:
,\. nl'lInt II Telllporllry Order pursuant to lhe
"(lrotectloll frolll Ahuse Act:"
I. Ordering the defendllllt to rcfrllln frolll
IIhllS11I1l the pllllntiff and placing her in fear of
-I
abuse.
2. Ordering the defendant to rcfraln from having
any direct or Indirect contact with the plaintiff
including, but not limited to, telephone und
written communications.
3. Ordcring thc defendant to refrain from
harllssing and stlllking thc plaintiff and from
harassing the plaintiff's rclatives.
4. Prohibiting the defendant from removing,
damaging, destroying or sel ling property jointly
owned by thH porties or owned solely by the
pllllntiff.
5. Ordering the defcndant to stay away from the
plaintiff's residence located at 417 First strect,
Carllslc, Cumbcrland county, Pennsylvania, which
the pnrtics have nevcr shnred and any other
rcsidence the plaintiff may establish.
B. Schcdule a hearing in accordance with the provisions of
the "Protection from Abuse Act," nnd, nfter such hearing, entcr
an order to be in effect for a period of one ycar:
I. ordering the defendant to rel"rain from
nbuslng the plaintiff and plncing her In fcnr of
abuse.
2. ordering the defendnnt to rel"rain from having
any direct or Indirect contact with the plaintiff
5
" --_..~~._---_. , .
"rt ~.- ~ ~~-~_ "._...., . --.-'-- ~-:----+ - \ . , .
Including, but not limitlJd to, telephone and
written communicntions.
.1. Ordering the defcndllnt to rcfrnln from
hnrlllllllllg IInd stlllklng the plaintiff IInd from
hnrnsslng the plnintiff's rellltives.
4. Prohibiting the defelldllnt from removing,
dlllllllglng, destroying or sell ing propcrty jointly
owned hy the parties or owned solely by the
P 1111 n t Iff.
5. Ordering the defendant to stay awuy from the
plnlntiff's resldencc located lit 417 First street,
Carlislc, cumbcrland County, Pennsylvania, which
the pllrtles have never shured nnd IIny other
residence thc plnlntiff lIIay estllblish.
6. Ordering the defendant to pay $250.00 to
reimburse one of Legnl Sl'rvlces, Inc.'s funding
sources for the cost of Iltigllting this case.
The pllllntiff furthcr nsks that this Petition be filed nnd
servull without p/lyment of fees nlld costs by the plllintlff,
pending n further order at the heuring, IInd that cert ificd copies
of this Petition IIl1d Order be del iverud to the Cllrlisle and
silVer Sprlllgs 1'01 ice Ilepllrllllents which hllv(! jurisdiction to
enforce this Order.
Thl' plllintlff prays for such other relief liS IIIU)' he just nnd
prope r.
h
Respect fu Ily submitted,
_9..---Jl1!:~\.LI~
Ja~-peterson, PhIl
Origantl, and Jonn Carey Attorneys
for Plaintiff
1./lOAI. S/lRV I CBS, I NC.
8 Irvine Row
CIIJ'IIsie, pA 17013
(717) 243-9400
The IIbuve-nnmcd plaintiff, Ruby I. Gehr, verifics thnt thc
statements n~de in the ahove Petition nre true nnd correct. The
plnintiff understands thllt fnlsc stlltements hcrein arc made
SUbject to thc pennlties of 18 Pa.C.S. Y 4904 rclating to unsworn
falsificntlon to nuthorities.
Da t e : -Ll- ~ - c; ~
~
( 'J2 ~
I '"'-.~ '\..-
Ru y 1. ~hr, Plaint i ff
.
.
Exhibit A
RUBY IRENE GEHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1113 CIVIL TERM
PROTECTION FROM ABUSE
GERALD RONALD GEHR,
Defendant
PROTECTION ORDER
AND NOW, this /7{J day of March, 1995, upon consideration
of the consent Agreement of the parties, the following Order is
entered:
1. The defendant, GERALD RONALD GEHR, is enjoined from
physically abusing the plaintiff, RUBY IRENE GEHR, or from
placing her in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff'S
relatives.
3. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
4. The defendant is excluded from the plaintiff'S
residence located at 46 Old Stonehouse Road, Carlisle, cumberland
County, Pennsylvania, until March 20, 1995; for the duration of
Order, the defendant is excluded from the master bedroom, the
adjoining half bath, and the shower downstairs. The defendant
has his separate bedroom and master bath. Neither party will
deny the other access to the other areas of the house.
5. The defendant is ordered to relinquish to the sheriff's
department the following weapons which he owns, poasesses or has
used or threatened to use against the plaintiff : 4 shotguns, and
the defendant is prohibited from acquiring or possessing any
other weapons for the duration of the Order.
6. The defendant is ordered to reimburse the plaintiff's
out-of-pocket losses suffered as a result of the abuse including
but not limited to the losses listed on the attached sheet marked
Exhibit A. The total amount of losses shall be reimbursed to the
plaintiff within 60 days of receipt of the bills. An award under
this chapter shall not constitute a bar to litigation for civil
damages for injuries sustained from the acts of abuse giving rise
to the award or a finding of contempt under this chapter.
7. The defendant shall be responsible for $25.00 surcharge
and court costs in the amount of $66.86.
8. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
9. This Order may subject the defendant to: i) arrest
under 23 Pa. C.S. 56113; ii) a private criminal complaint under
23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt
under 23 Pa. C.S. 56114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa. C.S. 56114.1. Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
10. The silver springs Township Police Department shall be
provided with a certified copy of this order by the plaintiff's
attorney and may enforce this Order by arrest for indirect
criminal contempt without warrant upon probable cause that this
Order has been violated, whether or not the violation is
committed in the presence of the police officer. In the event
that an arrest is made under this section, the defendant shall be
taken without unnecessary delay before the court that issued the
order. When that court is unavailable, the defendant shall be
taken before the appropriate district justice. (23 P.S. S 6113).
By the court,
','hl--'L.. ...(...,ji";".. 1f'~:l.~ ~f.:C'...?RP
.,If,}",,;...,.,.. ~
...~ r\....~lt.,H(,. ...~,,:-:~:. I ~:~ HI~~'J ~ lilt
. .,". "l~ ~oq,
...u' "__,t e..~..\ ,-' \l.~'j ",-):-" 'f' ',\!- . ',-,':"
';1~1 ~.~ ....' . .... ..,.....
.".:. /7;'1 .~,: :;:.q1<?LS\:l.- "I~.~"",,"
',' "--G.;,; 0 I 1.Idrl!.':!-~;~-';:.'rt4,..
" 1t-"",,,,,,,'f,tJlIV'J
IfW\C",.wJ.u......'~
" '.
Ruby I. Gehr,
IN TilE COURT OF COMMON PLEAS OF
CUMDEKLAND COUNTY, PENNSYLVANIA
NO. 95-1113 CIVIL TERM
PROTECTION FROM ADUSE
Plaintiff
v.
Gerald R. Gehr.
Defendant
PROTECTION ORDER
AND NOW, this / rr day of November, 1996, upon
consideration of the Consent Agreement of thc parties, the
following Order Is entered:
1. Thc defcndant, Geraid R. Gchr, is enjoined from
physically abusing the plaintiff, Ruby 1. Oehr, and from placing
her in fear of abuse.
2.' The defendant is enjoined from having any direct or
Indirect contact with the plaintiff Including, but not limitcd
to, telcphone and written communications.
3. Thc defendant Is ordered to rcfrain from harassing and
stalking the plaintiff.
4. The defcndant is ordered to stay away from the
plaintiff's residence locllted at 417 First Strect, Carlisle,
cumberland County, Pennsylvania and uny other rcsidence the
plaintiff may establish.
5. This Ordcr shall remain in effect for a pcriod of one
year or until modiflcd or termlnatcd by the Court. The Order can
be cxtended bcyond its orlglnlll expiration date if the Court
finds that thc defcndant has committcd nnother act of abuse or
has cngaged in a pattern or prncticc tbut indiclltes continucd
,~
risk of hllrm to the plaintiff.
6. This Ordcr may subjcct the dcfendllnt to: i) IIrrest
undcr 23 Pa.C.S. ~6113; ii) a privlltc criminal complaint under 23
Pa.C.S. 66113. I; i Ii) a charge of indl1"ect criminal contempt
undcr 23 Pa.C.S. 96114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa.C.S. 96114.1. Resumpt Ion of co-residence on the part
of the plaintiff and defendant shall not nUllify the provisions
of the court order.
7. The Carlisle and Silver Springs Police Departments
shllll be provided with certified copies of this Order by the
plaintiff's attorney and may enforcc this Ordcr by arrcst for
Indirect criminal contempt without warrant upon probable cause
that this Order has becn violatcd, whether or not the violation
Is committed in thc prcsence of n police officer. In thc event
that an arrest is made under this scctlon, thc dcfcndant shall be
taken without unneccssary delay before the court thllt issucd the
order. When that court Is unavallllble, the defendllnt shllll be
tllken before the IIpproprlate district justice. (23 PII.C.S. 6
6113) .
By t hc COI r ,
Judge
Joan Carey
Attorney for Plaintiff . " /,
_ ~~U... n' ~ll'-(l .-1..
II/~;J/~~ .
..5 5J.
Ruby Weeks
Attorney for Oefendant
H,rJ}cr~..r,~
{'" _;'. . .... '''''.'':-'--!'':'l'\'
('~rru(
r:' n. n~)
,., ,',.11_
.1"
~- l,:., ';. \':"'I~:;''''' :'.,\
I
,.}
I
..
..
I
\
.1
i
I
\ I
, ,
"
".
Ruby I. Gehr,
I N TilE COURT OF COMMON PI, HAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1113 CIVIL TERM
PROTECTION FROM ABUSE
plaintiff
v.
Gerald R. Gehr,
Defcndant
CONSENT AGREEMENT
This Agrecment Is entered on this I r day of November,
1996, by the plaintiff, Ruby I. Gehr, and the defendant, Gerald
R. Gehr. The plaintiff is represented by Joan Cllrey of LEGAL
SERVICES, INC.; the defendant is represented by Ruby Weeks. The
parties agree that the following may bc entered as an Order of
Court.
I. The defendant, Gerald R. Gehr, agrecs to refrain from
abusing the plaintiff, Ruby I. Gehr, and from placing her in fear
of abuse.
2. The defendant agrees not to have any direct or indirect
contact with the plaintiff including, but not limited to,
telephone and written communications.
3. The defendant agrees not to harass and stalk the
plaintiff.
4. The defendant agrees to stuy away from the plaintiff's
residcnce located at 417 First Street, Carlislc, Cumberland
County, Pennsylvania, which the parties have never shared, and
any other residence the plllintiff may establish.
5. The defendant, although entering into this Agreement,
docs not admi t the a Ilegat ions made In the Pct i t ion: in fact, the
defendant denies the IIllegations of plaintiff'S petition und
"
dcnics hc has ever IIbuscd plaintiff; defendunt desires to cnter
into this consent agrccmcnt dcspite this to quickly and without
great expense to himself rcsolvc thesc mlltters.
6. The defcndant undcrstands that the Protection Order
entcrcd in this mutter will be In effcct for a pcriod of onc year
and can be extended beyond it original expiration date if the
Court finds that the dcfendant has committed another act of abuse
or has engagcd in a Pllttern or practice that indicates continued
risk of harm to the plaintiff. Thc defendant understands that
this Order will bc cnforceable in thc samc manner as the Court's
prior Temporary Protection Order entered in this case.
7. Violation of the Protection Order muy subject the
defendant to: i) arrest under 23 Pa.C.S. 96113; il) a private
criminul complaint under 23 Pa.C.S. 96113.1; Iii) a chargc of
indirect criminal contempt under 23 Pa.C.S. 96114, punishablc by
Imprisonment up to six months und a fine of $100.00-$1,000.00;
and Iv) civil contcmpt under 23 Pu.C.S. 96114.1.
WHEREFORE, the part Ics rcquest..that a Protect Ion Order be
terms.
~~ h.-Jt.1 - ) "...; g.>jd,
Gerald R. Gehr, Dcfendant
~IJ@U't.---:,/
onn Cllrey ,f
Attorney for Plaintiff
~'-I.~l~rJl4-
Ruby D. Wecks
Attorncy for Defendant
LEGAL SERVICES, INC.
a Irvine Row
Carlislc, PA 17013
(717) 243-9400
Ruby D. Wecks
10 Wcst "igh Strect
Carl isle, PA 17013
( 717 I 24.1-1294
>-
~.~ c 1-
,.-
~ur.; - .~
(~, CO ;
rt:..
lL .,- ,-. ':;:;
9'"
c ;::j
c'. 0"' '..
~,; .
LLli,,', .,n
..1, . .
1- " l((i
I~ " -
,- f-'
.-.. J~
l.l...; tf) :i
U
(J) f.)
. ,
..
..
RUBY I. GEHR,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 95-1113 CIVIL
GERALD R. GEHR,
Defendant
: CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 1st day ofOctobcr, 1997, this Court certifies that Ihe attachcd
complaint has bccn propcrly complctcd and verificd, and Ihcre is probable causc for the
issuance of process. In consideration oflhe attachcd Commonwcalth's Petition, the
defendant, GERALD R. GEHR, is directed to appear for trial on the charge oflndircct
Criminal Contcmpt before the Court on the ~ay of {!Ie I" bt,\ ,1997 at
(I: Olb'clock p. in Courtroom II j of the Cumbcrland County Courthouse, Carlisle,
Pcnnsylvania.
The defcndant has a right 10 bc representcd by an attorncy. If the defcndant
cannot afford an attorney, upon requcst onc will be assigncd to rcprcscnt the defendant.
Ifthe defendant wishcs assignmcnt of counsel. contact should bc made prior to trial with
thc Cumbcrland County Public Defcnder's Officc at 717-240-6285. Further, if the
dcfendant fails to appcar, an arrcst warrant will be issucd.
The ShcriffofCumberland County is dircctcd to scrve this Ordcr and Petition
upon the defcndant. Thc assessment of costs to bc detcrnlincd by the Trial Judge
subscqucnt to trial.
J.
Miehacl S. Schwoyer
Chief Dcputy District Attorney
GERALD R. GEHR
~l,_
C", 1
("i-
.,'~:f},r~~',~",
, -'., ,.,\ (
. ," d~\.", ~
",,),.\t'1','
. , ~'II
Q'1 no' ~
., I -/
(1QNX.)(\CL~ mJI'.c1.\o
O.~.
I~,I "
,I' /. n
G" ' ,")
.,/\: . ' I....
I~__:~' 1,./ "
.,..'\." -,.: _-' i..' "I-
-, .i.'viil" ,','. ',,'/1 Y
../:,\, :\
RUBY I. GEHR.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 95-1113 CIVIL
GERALD R. GEHR,
Defendant
: CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Michacl S. Schwoycr, Chief Deputy District Attorncy of Cumberland County,
Pennsylvania, blings the following Pctition for a hearing on chargcs of Indirect Criminal
Contempt:
I. A Protection from Abuse Ordcr was issued by the Court. A true and correct
copy oflhe Order is attached.
2. The defendant's violation oflhis Order is averred in the attached criminal
complaint.
3. The victim requests the filing of an Indirect Criminal Contempt Charge upon
infonnation received.
4. The District Attorney's Office approves the filing oflhis criminal complaint.
S. The Commonwealth is requesting a hearing on the charges of Indirect Criminal
Con tempI pursuant to 23 Pa.C.S.A. ~ 6113.
6. The plaintiffandlor the defendant may seck modification of the Order based on
the filing of this petition as the Court deems appropriate following the trial in addilion to
any other sentence. 23 Pa.C.S.A. ~6113.
WHEREFORE, the Commonwealth requests the defendant be communded to
appear before the Court on the charge of Indirect Criminal Contempt.
I S. Schwoyer
eputy District Attomey
~ - .. -..=----.
~ 1 ., -, . .. . -; 1'_______. ~~.
--:"'" '. " ',. ---', ...~. -- ,I ,
CRIMINAL COMPLAINT
(POLICE)
Complalnl Numbo,sU Olher Po,lIclpanls
DISTR'CT JUSTICE
MAGISTERIAL DISTRICT NO.
A 79150
.
.
I.
Ptlmn. Tilden Ult
(N"IIIt'llfA1I1,IfI'/
COMMONWEALTH OF PENNSYLVANIA
DEFENDANT: VS.
NAME r-:,';'!'.:,:> ;'1,1/' _q,~r::';',lp,_,.r,(.. ,'i,'.,""->
AND L\Gerald:"R,ona~d'~~ehr';; .}:'.:
ADDRESS." ';P;o.Boxi,,4.30,",;."'.Y\".":.;'.'!.'
Boiling'Spring~. ,Pa.. 17007.
'~/mi54' ...,',::, ~'\\;:;;;'lb/22/42
."
or Cnrl1Ql1\ Pn1ic.e....Dept
( MI'IIIII,I' JI'p,,,,,,,,,,,,.It f/,1WI/(1' n,,'h',IC'IIII'tllllIlJ ,",/illl'lIl.UlMhlli"")
Jl.S.A.
AK A
do hcrcby slutc:
(I) []: I nccusc thc nbovc nnll1ed defcndant. who Iivcs nt the uddrcss sct forth ubovc or.
_ 0 I nccusc un individuul whose nUll1e is unknown to II1C bul who 15 dcscribcd us
~
.a
~
.l!
~
ll:
q
~
is
~
o his nicknnll1c or populur dcsignution is unknown to lI1e nnd. thercfore. I hnve designuted him herein us Jnhll
One: with violnting tbe Bennllnws nf the COll1l11onweulth of I'cnnsylvnnln nt 417 First St.
Carllsle Ps. 17 13 (/"""./IIIillm/Slbdil-l,'''"/
in Cumb~nd- County on or nhnut .J.-7-45-11rs. 9.'22~7
IJart ici pan ls were (I/"u'fl' In'fl' ,,"rlif/IIIII/Is, ,,111ft '"dr IWI/U'J lu'n', fl'pmlittl: ,,,.' "'''''''llfllbOl'" J,'/i.'",',,,,'):
Gerald Ronald Gebr "^'
The ncts cOl1lmitted by the accused were: \!:; Indirect Criminal Coatempt
The defeadant violated the Order issued under the Protection From Abuse Act in No. 95-1113
Civil Term oa November 18, 1996 by the Hoaorable George E. Hoffer, which Order directcd
the defendant not to go to the residence of Ruby Gehr at 417 First St. and not to have
contact with her including by telephone. Oa this date and time the defendaat allegedly
did go to her property and raag the door bell and left hills at her door aad called her
on the phone.
(2)
all or which wcre ngainst thc pencc und dignity ofthc Commonwcnlth or I'ennsylvnniu und eontrury to the Act nr Asscmbly.
orinvlolallnnof.' .10190 . ,". nnd;.-. . -... -. ortheAeto(.JlIn..-21,"'.'lq7A.-P~n~Q~Fio~lI\-Abti~
(SI'I'IIO/l) (SlIh-JI'rll,m)
Ordinnnee nf
(1\.lilli'llIS"h.Ji,'j,iflll)
I ask thnt a warmnl or urrest or u sUll1mons hc issucd und thnt Ihe accused be required to IInswer thc chnrges
I huve mude.
.11)81
wledce or infurmnlion
Code (IR I'a. C. s.
I vcrify that the rncls sct rorlh in this cnmplaint ure truc und correct 10 the bes
nnd belier. This veriricntion is Illudc subject tn thc pcnultics
~ 4904) relating tn unsworn fnlslricntion touuthorilies.
1-/SJ?j2
AND NOW. on this dale .1991. I ccrtify the cOlllplnlnt has been properly clllllpleled nml
verificd. uml Ihllt rhcre Is prnhnble clime ror isslIlInce lIr prncess.
I ~r \I I
. .
AFFIDAVIT RIDER CONTAINING PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF ARREST
FOR Gorald Ronald Gehr 10-22-42
At approx. 1745 hrs. 011 Nonday, 9/22/97, victim, Iluby Gehr was in her house and
she saw her ex., Gerald Gehr come up to her door and ring her doorbell. lie then opened
her neighbors door and yelled something and then left. lie left medical bills on the
for.nt of victims door. Victim says ho also called her on the phone and she has it
recorded. On Nov. 18, 1996, Judgo 1I0ffer signed II PFA No 95-1113 Civil for the victim
which says tho accusod can not come to her residenco and clln not call hor. lie IIllegedly
did both. Victim says this has been going on for a long time but foar has kopt her
from having him charged as well as her lawyeru advice.
I bolieve this to be sufficient probable cause for the issuance of a summons or
warrant for Indirect Criminal Contempt, sect. 10190 for
Gerald Ilonald Gehr
lka 46 Old Stonellouse Rd. Carlisle, Pa. 17013
~Iailing address P.O.Box 430 Doiling Springs, Po. 17007
..
......~....................19.7.7
'D
personallr appeared before me on .............................., 19...... the Alllanl above named, who, being duly sworn
(alllrmed according to law, signed this Allldavlt Rider In my presence and deposed and said thaI the lacls sel forth
Ihereln are true and correcllo the best 01 Alllants knowledge. Informallon and bellel.
(Issuing Authority)
(SEAL)
Ruby I. Gchr,
(N 1'IIE COURT OF COMMON PLI!AS OF
CUMOERLAND COUNTY, PENNSYLVANIA
NO. 95-1113 CIVIL TERM
PROTECTION FROM AOUSE
Plaintiff
v.
Gerald R. Gehr.
Dcfcndant
PROTECTION ORDER
AND NOW, this I fr day of November, 1996, upon
consideration of thc Consent Agreement of the parties. the
following Order is entcred:
1. The dcfendant, Gcrald R. Gehr, is enjolncd from
physically abusing the plaintiff, Ruby J. Gehr, nnd from placing
her in fear of abuse.
2.' The defcndant is enjoincd from having any direct or
indirect contact with the plaintiff including. but not limltcd
to, telcphone and writtcn communications.
3. The dcfendant is ordered to refrain from harassing and
stalking the plaintiff.
4. The dcfcndant is ordercd to stay away from the
plaintiff's residcnce located at 417 First Street, Carlisle,
Cumberland County, Pcnnsylvania and any othcr residence thc
plaintiff may cstabllsh.
5. This Ordcr shall remain in effect for a pcriod of one
year or until modificd or terminated by thc Court. The Order can
be extended beyond its original cxpiration datc if the Court
finds that thc defendunt has committed unothcr act of abuse or
hns engaged in n pnttern or practlcc that indicntes continued
risk of harm to the plaintiff.
6. This Order may subjcct the dcfendant to: i I nrrest
under 23 Pa.C.S. g6113; ii) a private criminal complaint under 23
Pa.C.S. g6113.1; iii) a charge of indircct criminal contempt
under 23 Pa.C.S. g6114, punishable by imprlsonmcnt up to six
months nnd a fine of $100.00-$1,000.00; nnd iv) civil contcmpt
under 23 Pa.C.S. g6114.1. Resumption of co-residence on the part
of the plaintiff and defendant shall not nullify the provisions
of thc court order.
7. The Carlisle and Silver Springs Police Departments
shall be provided with certified copies of this Order by the
plaintiff's attorney and may enforce this Order by nrrest for
Indirect criminal contcmpt without warrant upon probable cause
that this Order has becn violated, whether or not the violation
Is committed in thc presence of a policc officer. In the event
that an arrest is made under this sect ion, thc defcndant shal I be
takcn without unnecessary delay before the court that issucd the
order. When thnt court is unavai lablc, the defendant shill I be
taken before the appropriate district justicc. (23 Pa.C.S. g
61 131.
By thc Co r ,
1I0ffer, Judgc
Joan Carey
Attorney for Plaintiff
Ruby Wceks
Attorney for Defendnnt
~ n>4~.kJ.. II/~~/?~.
..& (I.
Ruby [. Gehr,
Plaintiff
[N TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1[13 CIVIL TERM
PROTECTION FROM AnUSE
v.
Gerald R. Gehr,
Defcndant
CONSENT AGREEMENT
This Agreemcnt is cntered on this / r day of November,
1996, by thc plaintiff, Ruby I. Gehr, and the dcfendant, Gerald
R. Gehr. The plaintiff is represented by Joan Carey of LEGAL
SERVICES, INC.; the defendant is represented by Ruby Weeks. The
parties agree that the following may be cntcred as an Ordcr of
Court.
I. The defendant, Gerald R. Gchr, agrees to refrnln from
abusing the plaintiff, Ruby [. Gehr, and from placing her In fear
of abuse.
2. Thc dcfendnnt agrees not to have any direct or indirect
contact with the plaintiff including, but not limited to,
telephone and written communications.
J. Thc defendant agrces not to harass und stalk the
plaint iff.
4. The defendant agrees to stay away from the plaintiff's
residence locatcd at 417 First Street, Carlisle, Cumberland
County, Pennsylvania, which the partics have never shared, and
any other residence the plllintiff may cstablish.
5. The defendnnt, IIlthough entering into this Agrcement,
does not admit the ullegutlons made in the Petition: in fact, the
defendant denies the IIllegatlons of plaintiff's petition and
denies he has evcr abused plnintiff; defendant desires to enter
into this conscnt agrccment dcspite this to quickly and without
great expense to himsclf resolve these matters.
6. The defcndant understands that the Protection Order
entered in this matter will be in effect for a period of one year
and can be extended beyond it original expiration date if the
Court finds that the defendant has committed another act of abuse
or has cngaged in a pattern or practice that indicates continued
risk of harm to the plaintiff. The defendant undcrstands that
this Order will bc enforceable in thc same manner as the Court's
prior Temporary Protection Order entercd in this case.
7. Violation of the Protection ordcr may subject the
defendant to: i) arrcst under 23 Pa.C.S. Y6113; i i) a. private
criminal complaint undcr 23 Pa.C.S. Y6113.1; iil) a chnrge of
indirect criminal contcmpt under 23 Pa.C.S. Y6114, punishable by
imprisonment up to six months and a fine of $100.00-$1,000.00;
and iv) civil contempt under 23 Pa.C.S. Y6114.1.
WHEREFORE. thc parties request that a Protection Order be
terms.
/~ h-lf.l -JJ-")fl-'lt-,
Gerald R. Oehr, Defendant
&~J(jJl-I'V:-Y--
, oRn Carey ,f
Attorney for Plaintiff
~~l..Jlo~
Ruby D. Weeks
Attorney for Dcfendant
LEOAL SERVICES, INC.
8 Irvine Row
Carlislc, PA 17013
(717) 243-9400
Ruby D. Weeks
10 West High Strect
Carlisle, PA 17013
(717) 24J-1294
~ VI ~:
i~ c:
r' .. ,"
to...
w~; (~:'~
l~!; ) ...
I~' . .-. :~~I ?;.
~(; 0..
( , <l~i
tin". ..'
I '"
[[lLl .... _J; ;
T '.;jfj
r..: (- ~
u. I.:J ~:ju..
0 ,... '"'j
~ 0
I
u.~
oz
Ul:li
i1j:.J
..l~
D.z
ZZ
OW
::;;D.
~~
U;:l
U.o
Ou
li:o
;:lZ
0:5
Ua:
WW
i=~
z;:l
-U
Ei~
~~
~
:::
~'"
~j
i
i
t9
]
E
~
d
~
~
1U l')
z -
a:~wo
o a:I'o
f'" cl:-
!;;:;:l;:l<
...ooz
OUUlcl:
oco~:::;
lii~:Jiii
ca:~z
wWa:ffi
i=~:JD.
u. :J 0 IIf
OuO::l
wu.WUl
uoz::l
_ oa:
It (3
o
,.
,\
_... - ..,.,. n,"" _, _ ' ~
: .~lf,"::VOU ARE COMMANDED To APPEAR BEFORE
0'" .' . UNDERSIGNED AT:
I'~ I."
I\N.l
CRIMINAL COMPLAINT
(POLICE)
CO PLAI
DISTRICT JUSTICE
MAGISTERIAL DISTRICT NO,
Campl.lnl Number. II Other Perllclp.nt.
A 79150
COMMONWEALTH OF PENNSYLVANIA
DEFENDANT; VS.
r
I.
Ptlmn. Tilden 011
(,\'.II11C'll/ffJ/ldlltJ
NAME
AND
AUDflESS
Pa. 17007
10/22/42
Gerald Ronald Gahr
P.O.Box 430
Boiling Springs,
e/m/54 e
of
r.nrl;ql~ Pnli~e-DaDt
( Idc'III11)' J"{J(lflmt'tI' IIr tI,I.'l'Ilfr ft'/lh,,,,,II1'1/ dlltIllIllttinllwb,h ,NIII,)
nSA
AKA
do hercby stutc:
luccus~ Ihc ubovc nUll1cd dcfcndulll. who livcs al Ihc addrcss sct fnrth uhovc or.
I accuse an individuul whosc nUll1e is unknown to IIIC hUI who is dcscrihcd Us
(I) [J:
~D
~
.g
lo!
.2
~
ll:
Q
...
~
(2)
o his nicknulllc or populur dcsignation is unknown to IIIC and, thcrcforc. I huvc dcsigm!tcd hill1 hercin us John
Doc: wlth violuting the Bcnul hilI's of thc COlllll1onweullh of I'cnnsylvaniuut 417 Fust St.
Carlisle Pa. 17 13 tlr,"..../hlill.-u/S"f,Jj'N,,,,J
in Cumbamnd- County on or ahout 1745 hrs 9/22/97
Participants were (iflhl'ft. MW1'/~"'if'/lf"''', pllll'" III,'j, 'Wlt/c" 11m', n'/"'dll",: ,III'/IIIml'uJd""l'l'IJI'/,'fIlJIIIII):
Gerald Ronald Gehr r.\
The acts committcd by thc accused wcre: 0J Indirect Criminal Contcmpt
The defendant violated the Order iasued under the Protection From Abuse Act in No. 95-1113
Civil Term on November 16, 1996 by the 1I0norable George E. 1I0ffer, which Order directed
the defendant not to go to the rcsidence of Ruby Gehr at 417 First St. and not to have
contact with her including by tclephone. On this date and time thc defendant allegedly
did go to her property and rang the door bell and left bills at her door and called her
on the phene.
all of which werc IIguinst the pcacc und dignity of thc COll1l11onwcullh of I'cnnsylvllniu und contrurY,to Ihc ACll!f, As.s~I1l~I~..
or in violation of; 10190 .' and of thc Act of . JlIn" 21; IIl7R Prnt....tl~n F';omillUsg';
( S,'rll"") ( SlIh. wrtlm,)
.:i'"-
Ordinancc of
or the -
(l\,ltlirc,IS/I/,.J,,'IiI,,"J
(3) I ask thut a warrunt of arrcst nr u summons hc issucd and that Ihc accuscd hc rcquircd to uuswcr thc chargcs
I havc mude,
I vcrify that thc fucts sct forth in this complainl arc truc und corrccl l'rthC hcs (i(;, 'lwlcdgc or information
and bclicf. This vcrification is mnde suhjccl III thc pcnullics If 'c'tio 49 o)/'lnc ,(CS Codc (18 "II. C. S.
~ 4904) rcluting to unsworn falsificationtlluuthorilics. ~
19 87 m'"f(""'rldll/wIlJ
(4)
AND NOW. on this dllle . 199-1. I ccrtif)' thc complllinl hilS bccn propcrl)' complctcd :lIId
vcrificd. und thut Iherc is probllhlc C:tUSC for issuancc of proccss.
(.\1",1.';.\",,;.,/ /JiIt';fl)
,/I\IIII/.I:,,'IIII/O,ill',
(SEAL)
AOPC411.Hi1
--.-..... --- ------- .,.
....- ,--,,=~~.., 'c"'-':~"~ - .wrn . (.~~'!lm'." ~
-,. munljKty...._~.rc......;.~C~IP.l::-l
1111 Ihe
day of
1'1
'S,,:II,II"WJ
11/11,'/
tOf . pr.llmlna,y h..,lng upon Ih. charon In Iho above complo1inl G[COldIOD tl)
lIw, If you 'all IQ app.ar al It\o lime And piau, II .llIlad above, " wo1l1o"1 will
be haued lor your a"n" Pail will b. ..t AI Iho plClllmlnlllY hOilllnD. Vou t\ilyO It.o
Itvht 10 b. '.fN".nlod bV . IIIWWliU and II you unnot ollofll it 1.1WV"' nne will bo
...iQn.d 10 IIp,...nl you.
SUllIllhllh Il'llIllIl'lI 1llllldiH"l'llllll lire
,1,1, ,II
1'1_-
I
i
" l ,__~_,
I (/fl., 1
IMlIl',',1111l_____.
(!it:AlI
~_..._-- ~.---"\1-;;7:iIt;;;: ,~--'
-1;;.i;ar;ifll....l-fi;irillr-.
"",ljltl.-,'Al'II..'~uli
., --
. ~;DAVfT RIDER CONTAINING PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF ARREsT
FOR Gerald Ronald Gehr 10-22-42
I
At approx. 1745 h~s. on Monday. 9/22/97, victim, Ruby Gehr was in her house and
she saw her ex.. Gerald Gehr come up to her door and ring her doorbell. IIc then opened
her neighbors door and yelled something and then left. He left medical bills on the
fornt of victims door. Victim says he also called her on the phone and she has it
recorded. On Nov. 18, 1996. Judge Hoffer signed a PFA No 95-1113 civil for the victim
which says the accused can not come to her residence and can not call her. He allegedly
did both. Victim says this has been going on for a long time but fear has kept her
from having him charged as well as her lawyers advice.
I believe this to be sufficient probable cause for the issuance of a summons or
warrant for Indirect Criminal Contempt, sect. 10190 for
Gerald Ronald Gehr
lka 46 Old StoneHouse Rd. Carlisle, Pa. 17013
Mailing address P.O.Box 430 Boiling Springs, Pa. 17007
;,.....~.................... 19.~.7
Personally appeared before me on ............................... 19....., the Affiant above named, who, being duly sworn
(alflrmed) according to law, signed this Aflldavll Rider In my presence and deposed and said that the laels set forth
therein are Irue and correct to Ihe best of Alflanls knowledge. Information and belief.
(Issuing AUlhorlly)
[SEAL)
, " .' . ',.. . . ,;
,.,. '''. . . "
.:iLh ~ J l'
;.;Li
,e"
',jl
,'l !.:;;l:
C'\~:-,F:UU: l"I(~ ~'11:.-:
COf111CQl\H:,\LTll (Jf rr:lln,..'l'~ ','/dl.i:\:
COUt{T':' ()r t~ tHl nFhLAliLI
_..J:J::liJl,__l..I.:L'i__lliJ.liL_________
q,-
'...'.
['ElII\. C;EI.:M_P hCl!l~~!!_____
-IL..._..Il.J.21l!.; I Li 1 \ llr I f'
:'.;hC'f 11.1, ...hu LI.:.'1.II\,;l duly :::;'tiUlll uC;';'~ild.tn\J
tCI l;]w, ~:d::~:, th;.ll. lj~. :j;,~id.:.: U '.1111:..i..."fIL ;..;LdlGII ullO ..L{14U.l.-'i ilJt t~h0 'W..l..lh.l.f1
IL.l!lll:'>U J,:'i~'lld~'IHt, to 'ri~l: v_ill~l!I1-CJE1i.1\LJ..:..J';(JH.6.l~1:.
hut wa:,J uniJLle to lOC,Ji:.,:;;~ 1I1lli
1'1 I,i~.i L:jl.llWl.ck.
lh} llil}j"1:10,Cl! l.t::'lurn~
tile l'IWTl:CTIOfl FrIO!-l AFW:E
IIlDIRECT CRIMI1IAL !;-_iJIlTtlJl:l_
NOT FOIJllD
dU t(J tIH;' 'Wl.th.lJI J\dmi_~'; .jt_'l'~'IIJiJllt
OClIR riEHAU' ROI.i.AU'
.'
51)1':1'1.[[':..; I::U~:.t8:
Docl-~...>t.J.tlg
SC'lV1C',:,,~
,\Uld,,'..H
~::urchaI9c\
~;; (l
/'/
;.H"I.;.:'tJi(:L;'<;---: / ///
,_~, f' .; //'"//
"~.~.( ,'.<:;/ -,>." /'
/- .,' ~-<~~~:../".~/ ~
IIIU;;l.]~. l\ ilri.<;:', ..;.'110_'111
1 i}. Clt...,
(~1. :~ ()
. U~I
:. CH...)
t-i.
,:,y:-::::;
...-)(-1 t;l_' ...<I"'YL'1
S....orn and ~,l1b::i:.:r-lbvd I.t~' L.:1;_'1'_.' rj.
'. h i :_: ._ 'J ~ _ d J I' i.l! Cte.:{~:.i.~~__.,_
! 'J __.9_1_ A. t>.
__ (J I..L-j:'rMt..-,-A1f':{l~~---._---
~ 11.1'.~li'~'II..',_,.I;'1
"
.
CERTIfICATION Of PfA CONTEMPT
Case Number ~
Name Ger\C\~ Rrmc&d r,.~,^r
~L> .S\M Sl.,-",DLlA.ll Roo..cl
C'a.."O"hC) Q -PA 11Q1~
,
victim's Namc:
Rv.\o~ TW\~ C.,.~,",r
Balancc Due: $ Q} \5. '8Y
ADD DE(.ETE
$ $
$ $
$JL.\ 5.31-\ $
$ 10.00 $
-.
$ 15.00 $ -
170 ~tate Surchargc
171 State fine
260 Sheriff Cost ($1.50 . any addtl)
207 nistrict Attorney
204 Court Costs (Clerk of Court)
502 Ilestitution
Namc ?ro4.-nCf\O~-aJUA
J
$~50
$____
Address
City
Zi;J
State
Namc
$
$
Addrcss
City
z!p
State
t>lame
Address
city
State
~ip
Prothonotary Office
Person CertifYJ.ng Information \~Cl- ~~rnmn
Date
10-I1-CI\
i->II~:RIFF'H R~:TIJRN - R~:G\J('AR
C^i->~ NO: t9~~-0tlt3 P
Cl)MMONW~:At.TII OF Pf:NNi->YLVANIA:
COUNTY OF CUMB~:RLAND
.J~~;HR,___R!lBY IRENF.:
VS.
r;f~lm,__QI'"..B.ALD RONALD
_~n~N~I~:. r,Q~?Y,RJ____.___ . Sheriff or Deputy Sheriff of
CUMDERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FROM ABUSE was served
upon _Il~~H.R.Jit;!ll!l,JLIilll'!!\I.D the
defendant, at t620100 HOURS, on the 13th day of NDvember
19':1'1. at ___ppr, 400 !'.flIJK DRIV~:
1'!'.!:!_!19k.1.L'2r_RU-l!t!;!uJA__J1'~r,~_____ ____. _.____ __....__-J 9JLI1!3ERM_N lL__--'
CIJIJnty, p..mnsylvania, by hondi.ng to rm_RAJ.p..R.._IlEJ!R_______.__________
a true and ati;"sted oopy of thp. .PRfJ:rl';C.:rJ:l)N_~:RO!L^ftW?_r;_.________.____'
tQg" t her with T.r:;MPI}R.ARY_.J~lJ!rrf:I~r.t.lJ_N__JlRP.F,:lL______ _.'._.___.____
ond ot thp. sarnp. tim" dirooting Hi~ attention to thp. contents thereof.
Shp.riff's Costs:
Docketi.ng
Service
Affidavit
Surcharge
lR.00
3.72
.011I
2.00
e7.;j. '/2
So answers: // ~' . .
.......- ) .;... :;;.-" ~
fV fJ;&...~n'~-(
H. lhomas K11ne, ~her1tt
00/011I/0011I0
by
'-7
SWQrn and subscribed to bofore me
et~ 'rtvt....
this ~-=- day of ____~~__
19_-E..~. A.D.
------Q~/f..pr-il?o-/j~/-~-.--..
,/
i
:3j,5"/QS- -l'ed.di,L (}:.:L'f.:"Lt.,,,,, :
C~tA, f~ <. G> . 8"
CER'n FICA"ION OF ('FA'S
Case Number '7 S - 1113 CL"~~. .T..'"",....
Name :J5.. ~ "'-' ).\<.,....~ ,to 12_'T'......ILtl.
.
LJ. '" ...J t" , ;..~." ,,-, "J;2cl
(' (l."C;.J.,. . ftL. I '70 I)
.
Balance Due: $ .;IS. {lO
Victim's Name:
'f\l'L~. n)n/l"UL_ )-Jt.~VL-.1
ADD
DELETE
170 State Surcharge
171 State Fine
260 Sheriff Cost
$ ~J:. (JCJ
S
S
s
s
s
s
s
Sta te
Zip
502 Restitution S
Name
Address
City
Name
Address
City
Name
Address
Ci ty
Prothonotary Office
Person Certifying Information
s
state Zip
s
State
Zip
')'h,J.J~(L.f?lc<.r-'v__ lJd to ~~ / fS_.
L. r1-J-
...
I-
nEcr:: [PT ron pnvr1Ct:T
_ .. . _ . -. : "_ :. ~ : 1. "':
Cumbl'rlilncJ CUClllty P,'ut"unutu'y'~ Ofr,cc'
Cddl~le, P" 17013
necelpt Date 0S/m2!~~
nece I pt No.
2', ")', ~
GCHR nUDY I nEtlE (VS) GEIIR m:nnLD nmlnLD
Cd',l' Ilumbl". 1995-01 I 13
."\
, :
RESTITUTION
C3S TO MISC
Total Paid '(;.......10.50
Recvlved uf
Prn CONTEMPT PO
CO ran JrP nr.IMnun
PY~1T I CIIECI<
110. 4557
-.----..-- .---.------... Dlstrlbutiun or Payment -.-------------------..--.
Transaction Description
SETTLEMENT
JCP FEE
STATE TAX
Payment Amuunt
5.00
5.00
.50
CUMDERLAND COUNTY GENERAL FUND
DUREAll OF RECEIPTS AND CONTROl
DUnr;:AU OF RECEIPTS AND CONTROL
10.50
...
~
fleer: 1 Pl' ,'on PfWI1crn
- '. - - -. .... ~ .
- '. . .. _.. . - . . . . .. ,.. ~ .
C~,.mlJ('1 1,11J(j C\llluli P,'ol.l,ol\ol,""~y' ~l orfit:l.
Cill'll ~ Il', Pli 1701:~
Ca'-l' rlJrntwl 1')')'3 ')')')'J'J
qr- /1/3
nCHnlSMITH (US)
Received of
RESTITUTION prn CONTCMPT
RE I MDUnSCMnlT ron courln
necI"pl
nece I pt
n"CI! 1 pt
Olllli
T 1 HI I.'
t.lu.
C'J5/~~;: !'l~
O:57:0{'!
2'.')'t.'1
Totdl Paid 0.......70.00 PYt1T/CIICCJ(
./( 3S;oo IF ~.~...,
jtI ~
IF'P
No.
4557
l)lstrlb'Jtlon Of Payment '-."----'--'-
cur1DEnLANO CDlJf-lTV GENERAL FUND
fransaction Description Payment Amount
t11~}C. MmJlr,S
70.01Zl
70.017.1
\I!'(,'
:,1-";::,;;
(' !;~";F nn: 1 ")'1> C_I j 1 I
cr.lflnnrlW!',,\LTq tJF !'!::rl!i:,Yl,\,,'.t;:I\:
CUUIlTY OF '~tl~If'l::r;u.:i['
,C;d:JtFl, EU!: Y ,.1 f-:J:-:11-':'..,
\,...
C!I::I.'h,_._-';.n.:,\l:J,_,.:rdl,\! !:
_.LGHI~LIJIJ'J:Y!j,~TFF.t .
. ~ I' 'I ) : !
ri"f'lll> ~:',h;'r'! J 1)1
CtH1BF.I~'LAflr' (i_l\.ltlly, rf'rlf\'~i1."'lrlt.", -.;11" !~, ~fl'; ,jlll:;
\:,)\ i!
'lll;t) (1'1
tu \;)....., ;.ld,':', t,lld! h'-' :"\>t v,-'If '11" wi ~hl/) . (HUIEF IIF (",111FT
u ili"ln ,_(jr-~lJX~_,,!?~~.EAI.rl_,.r\QU.t,,1 ,r!
1.11(:'
dt~fpnd;:lnf., at ,_;;~~!~'2~_,~~rH' I!l.1UE .'f ')('1 t..h,' _,'rid d,.': ;"f illj,i'
1 ':~::.;';'~ i] t,
_~L0._QL!~_~~E~L1JJ~W~1 I.':, !i. h 11,\ r,
~,^-13L)-,? [..r;: ,_J'l,_lJ5'Lj
(ount.y, P-:::'uni:.'Jj' l'J;;ill 1 'I, b)' h In~jJ.nq t,.) r~I::H.^l,ri ~-;LIJ.I~
d true ~Jnd at'l(';:Jt,:'d COp;' cd th,_~ ,OEr:~EF:. (lt~ f."(IUI~T
toq",llH!r with (~(ltHJOllWEALTII'S. PI-:TjJrnH.Fi'ILI, Hi:,\I..!Ij(; 1111 Clj'\H,F:-;
_' <:tJI:lilf.ld_AlI
. .,",.,,-~-,'
.------,'
.--.......'
gL.I1lI!lB_C.!=.l~.<;]IULUIAt... C.ljETE;)I.!'"!:..__ _._ .
.._--~--'
~'nd at th~~ [i~lml? tinlj? Jlr0c~lrlq 1]1
;\t., ,-"nl,ir,!'; to ttlo:' C'.lfl!'''llt; Lh.:-J"(-'Ctf.
Sh~r-.i:!. f ' ~~ CC:.tr':.: t ..'
DfJC~:f? t. 1. nq
S\.~r'/ic-t'? '
Afiidc;"lt.
SurCh.-:1rq0
:i'J
;IIlW~~.(;;fL~~.
~"..~T'...' -"I' -,..1....:... .'.-----
~ n!}IIL1.-~ 1-,.. till.:. ,.' \':1 llJ,
tft. (;hi)
-:;. Ji~-,
. C11!~
, ~!L~
':;: r:~;:"
j,';CI: ("\\); !.h,i\).''1
h ':
.;('.u~ ..~ ;/.-:".",,?L;.f~'("- -----... - .-.---.
V' III !~,!. Y ;,ri"1 1 . I
SWO!"fl dud :~Ilb;';,r.rib('d J,u Li' ':'1';_" I'"
thie: J1 ~ ,h:, ,'i i..}"",.,......
1 'I .rl'f.\, 11.
{"i/L<-- Gr', (Jh~~~;II,~
';!!1:I,il'
'l ! ) , , ~ i
1.; [1:\ /1:
i~I\;~'E HCJ: l'jq~I-'~illj',j l'
CiJI1l1nNWEAI.TH (iF ;'EIIl::.n,Vi\ril t.:
CUIHlT';' Or: [' t1:'iPEhL i\ '.:1'1
J,FIlE, ,<uPY, 1 EFIIE
\"-~
,'.
(i~}Jr\J. ,flEp;t\Lp., r~C!nl\!,p
PIll UP [i,IUGlll1AII
~:'li"r 1fi '.II" [:'_'f_'ut;' :,;hL'I-1,ff ,.11'
CUtlBE~~Ltdl[J Coun'-r, !-', 'rlfl'.--,yl '.':\Ill,j, .'!i'::1 Vl'lCHl 1f\~li; :'\,'I)i 11 .tL'~:'il;jl!iq
to 1:J',.'. ::';JY:j, Ul'~- ',.'lthu. IHrIIEi-:!_ T I_:r-;,[I'; CUtiTEi1PT (IEpEI<
'wiLl,. :,'('I"VI,'d
upon ..IiE1!l'__liJ~J\t\L_[>._l,(lIIAU'
t hI}
dfJt l"nddn t, iJ t
rP1(1:('0 IIfll./h", ('Ii till:' l~th lid)' ',If rl~11 ell
..."...---------.,
t 'J~J,,-;:,. 'It__'1.60LkST(ltiF:HIJ!L~i':_ fiC',p_
r;illtlX'LF,_I'^-170J J___..
, CUI1I1EI\L,\NDu_.__'
[~(Itlnt.y, P'~"nn;":..t'lvanl,;J, bi. handi.nn 1.0 UEI\';\I~r; C~EijE
tl trvp and alt.c--'Gtl:...'d GI.lP";: 'Jt
t tlV _,U,U '.r:.H El:,:'T. J~J)..r II_ 1'_r;IUJJ~l1tI.))n_I).!~tt_~_,__.._...._,____,__..
r'ETIT~,n!LJ:OB^ i1FM.ING ,O!I. (IL!,RQE~__"__._..
tOQL.th'or "1 th (:f)l-rt1Q!lViEtd.TJI'_
QLJllf.'.!m:':.:r_SlUJjJ.tJt!L qJJ!JXMFT
...,,---.--.....-.'
and atth+,:} S;jlm} tllfll.l dl1":'L':t..infJ !fl.;." ;It.t.'nt ll){i +--.0 tti':: CI.:;'nt,I:'nL:.:; thC'r~:"_ll,
Slier 1. if' G C(.;;~~t..;J:
l1chol'.et i nel
S.:.'rvlcf~'
Afll'hvlf.
;:"\.lrchilrqe
.~. C' f:~
::' ..rrJ.i.-'.'I.~ ..!~
.pt' . "..' ,. v~.
~' ~.:'" ....,,'.,<,,-<. ..r:. ~-~
T ,I
E. '!T:'t)'!Il;,I:' LliJl'_', '~h,~,'i'-.i(I
.' --..'..--....-,,---
1 (J. (."l(.j
"J. ':<.:
i'd'l
,~~
.. ".. ~'L .
'--~I :....
(',t', ,:,',
""(1'_' L
IJ'.' "'" '/
. PJj;p tl"'~,%'(ji"'l i Cf "
t.hi:?
.Iud .,lJb~,-I:r.; bl',-j t.:) bi.
,,,- -.~ .,' ,
..)lJ:- .j;i;: ." Ir~-
-, "
~~.... ilf' Ii
j'" ,'1(. ('. [J.
C;L</l'- C(:, }I~l~~--: ::'Lr7
~"-:lirL 1 Fl' ,
!It'.n l,:n
Id:'d!! I\L
C/'~:;E ilLl: l'~I';'I~_-,'iJll.tj !
r;ntlljIJIIHI-;AI.TII UF l'EIItI~"'I.;,\!1 J /,:
r;(IUIITY nF CllMBFRti-.l.IP
.liFUR. RUBY ]RENF
v~~ .
GF;llfk.l;r::1iAl.[I 1WII A 1.1 ,
~ .H} LLJ.^ tlJ'J nil,.
:~_~h"!'-lf'- (,.'1 rl'~'pu4__!, ".ih11'1,tf (11
CUt'lBER'.t~ND Courll,'/, r~:'fln:;ylv;.lrll;ll "dt(. /:1.'11111 Jjll~Y ::'W/lrfl ,.wr"l! !:flll
t:Q law, ;:3dYfJ, '-Ilf:' \J ii_ii III rriP:rFc T fUJI. 1"l~,O:'I__J\J:!,"<!:':.
u pon.f!F;lW..GE.FM,P F\nllt~L.[1
dcfl..~ndnnt, .\l _."J!]'l')_:_(H:' HC1UE~~, '-'I} UP_' l(',".h d I}' ;,1! t'1'11--1~,h
'>Iii:: :'I't'vvd
t )11:
.'
19?f? ,I t ..:15.0[,['. :.;TiJIIEIIUIJ,:E 1\(1'\1>
r,::"JJ)~I:3Lr:L J:',Ll Z(~l:;,
,__, 1::UIHH~HL!dnj
"A'
County, P(:'nn~yl'/:.lniu, by h.:JndiIHl I:'} f,I':Etd..n E. ('jEHI{
i.1 t.ruc und 1] t t.c;:;t~'")d copy n! t.lll:; FFIJTECTtn.!l. 1:'HClJ'l,\ltUS;r
~.._,
to\lr!t.hlC"" wit.h TfH!'OIHd,.'<'FErrrr-:,::TIO'.' ,W[,!:E .IIOTlCr. '\11('.J~[.TF:rroN
...'
und i1t the' 3am(~-; t.jlth~ dlJ'f_\cli.nq U1\',' ~lttl~,\ntl(]n to t.tll,~ CCillt.C\nf.:'i thclrcol:.
Sh.:>r iff' .=, C Cl~~.~ '.r.;:
lIU(_:t~I':"1.. i oq
SCJ].V1Ci'?
.\ffl'javit
Surs-hn r\lCI
':;r) ;,:;:_;1,1(/1' :_;:
In t~,'"
- 'j ::il~:'
. ',il,,'1
.:.l:h)
,;.Gf~~aCe
.~':-: ','1. ;,;
()t-)./ \'1(1 "-\'-"1.1("1\;';
1\ ';
L ~ 11---- ~
W~ \ -
W;""'iff
~:';\I(Jrn ,:::I>"J :-.;td_'~.:(..r lb.~l!.:t t,' b.::-'}:-',:,' \'1,'
t /. J ,. __ ,~" ~- d, i' "f III'....A..-I
.! ~~ 'j(,._ i\. fJ.
~'l('-.
Ci, ~)VL..ce-<~ L.~{Jt't.
r I i..\ ~ :.' l: ,I. f:.,'
~\\'!, of ClluUt/1Cl'
~<>'i>- 1.'t1'(J
R. 'HO~'~S KurlE
St"\/lll
nONNY A. ANDERSOtl
Cllie' Deputy
HI)PAI:[ :. JOIHjSUrl
S,)III:i!I)r
~UDAEY G. ADAMS
Aeal Eslate Deputy
OFFICE OF THE SHERIFF
COllrt House
; )
, , I
.
r "~l
-.
, "..) I
, l.-) J
, ':~
, ;;]
.
: ~ )
-.1 ..1 :1\1
~ I
. " q
" v'\
Carlisle, Pennsylvania 1701:J
March 27. 1996
Lawrencc E. Welker, Prothonotary
Cumberland County Courthouse
Carlisle, Pa.
SUBJECT: CIVIL SUBPOENAS
1.
94-7085 Civil
2.80
Paul Niswonger
2. /95-1113 Civil
Gerald Gehr
J.92 ---
J.
95-6698 Civil
2.80
Alex J. Ellis
4 .
95-6944 Civil
2.80
Tony Ballance
Total
$12.J2
So answers:
, ",.... ~.
J"'/";. . .f. "
/R. Thomas Kline. Sheriff
c::M-C~TH Of P~SYLVANL\
CC<iNrY Of ct.MBERLJ\ND
RUBY I. GEHR,
Plaintiff
file No. 95-1113 CIVIL Term
v.
GERALD R. GEHR,
.
.
Defendant: Protection From Abuse
SUBPOENA
101 Cpl. Edward L. Shaffer, Jr.
1. 'lou are orcleJ:ed by the court to c:ane to Courtroor.1 3 of the Cumberland
County Courthouse
4t
Carlisle
(Specify c:cu.. L..0JU1I or other place)
, Cumberland County, Pe...uylVlmia, on 4/18/96
4t
1 :30
o · c:loc:Ic,
P.
H., to testify on behalf of
Gerald R. Gehr
in the above elISe, m1d to rerain until excu:sec1.
2. And brinq with Ytlu the followingl any police l:'eports concerning calls to
the home of Gerald R. Gehr or Ruby I. Gehr filed with the silver
Spring Township Police Department.
If you faU to 4ttend or to produce the OOcI.m!nts or things required by this S'Jbpoena,
you mll'/ be subject to the sanctions authorized by ~ 234.5 of the Pennsylvania I\1les
of Civil Pl.vCem.tre, .iocll1di'lg but not limited to =ts, attorney fees ancI inpri.somJent.
ISStIEIJ BY A PAR'rl/COtINSEL IN m1PUMCE: wrm Poll. R.C.P. fob. 234.2(a)
NM-lE: Michelle R. Calvert, Esquire
ADD~SI 200 North Hanover Street
Carlisle, PA 17013
~HONE: (717) 243-5551
SUPRJ:ME COUR1' ICI
65188
MTEI April 9, 1996
seal of the Court
B'l THE COURT:
(J r.' /.)", JL
Y ,?fLlb/tb1LP L '-< ~
Prothonotary, Civil Division
~rL ~ ,k</h. if
omcIA:. r-arE1 This form of subpoena shl1ll be used whenever a subpoena is is StUlble,
including hearings in connection with depositions and before a.rbitratars. IMSters.
comnissioners, etc. in carpliance with P4.R.C.P. N:l. 234.1. If 4 subpoena for production
of doc:unents, records or things is desired, <X11Il'lete ~aph 2.
f
..::. -
i \. .
I .- ;
--
II.! ~_.-
( "I -
f'~ .',. .'
l'_, .--"-. I
~ j , (' ,~ ~
,
C- ,
I - , .j
, r
l;_ I ; .-
, ; . ..,
.. '..' ,
.
...
Q III
~ . . 1II
I-< .... ....
~ ... .
'" I") III ~ III
0\ :>. :c!l:lIIiQ~
I-<
Cl\ I-< .... III III ~8~ ~.....
... III ~ .j.J u c 'C
.... - III '.-I ~'2 ~~E.a "*"
. >.
.... .Q..... k ....
.j.J III III U 0 COla........,...,.., ;
... .c CII ~fl III 0- ... III ~::I
III CIl I en C~"'Q All
> Il . ~ lO ... fl
.c ... . 0 0- .....10.., .s ....
.j.J III ..:l .j.J ~ ~e~~~~ '" ;
~ U E-< 0\
~ 'tl III :>. ....
. ... 01'" ... tJ\ lOllI....'€l...... ~ ...
- 0: III ... ~Q III C ~ ~
[j ~ Q > '.-I 1l~1111"'B ....
... III 'tl i ~~ ,.-I I-< ....... j..... .... ....
~ .... ~ .... 0- ... <IW ~ CII
.... III CIl . ~~~ u!~ -.; -
Cr.l <II . .s~ 'tl .jJ .......
en .c .... - I-< C ')
.... U .... III <II .... 1IJ CJ .
t.. ~i tT:j ~
0 ,.-I '.-I U III > 1J <.:
... :E C ....
& 1l '51 0 '.-I ... ~~ .s~
..; en tIl III -
~ .... 'i ... 0- ~
8 III .j.J <II >... j....
. 'i- 0- III 'tl .... e... Q
....
RECEIPT FOR PRYMENT
===================
Cumberland
1 Coul'thouse
Carlisle, Pa
County
Square
17013
- Clerk of Courts
Rece i pt
Rece i pt
Rece i pt
04/03/95
10:04: 13
1016295
Date
Time
No,
GEHR GERALD RONALD
46 STONEHOUSE RD
CARLISLE, PA 17013
Case Number 1995-51113
Remal'ks PO BY DEFENDANT
OFFICE K
Pl'obation No.
Total Paid $*******91.86 PYMT/CHECK
No.
5513
Transact ion Descl'ipt ion
REST! TUTI ON
SHERIFFS COST
PFA SURCHARGE
Distt'ibution Of Payment ----------------------------
Beg. Bal. PdOI' Pymts
45.50
21.36
25.00
91.86
This Pmt Bal. Due
45.50 .00
21.36 .00
25.00 .00
91.86 .00
*** Paid in Full ***
. .." _"....".. -'!\v..,"t.......-.. ... .. .'""",~''' '-:"'1 __~..
"
, . .
SIJERIFF'S RE'lURN
CCM-1CX'/I'IEAL'IlI OF PENNSYLVANIA:
caJNTY OF Cl.MBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 95-1113 Civil Term
Temporary Protection Order, Notice
Petition for Protection Order
Ruby Irene Gehr
VS
Gerald Ronald Gehr
Harrv Kina
, EtICOOOO(or Deputy Sheriff of
Cumberland county, Pennsylvania, who being duly sworn according to law, says,
that he served the within Tanporary Protection Order, Notice Petition for Protec,toin
Order
, The defendant at 5: 35
o'clock
02
day of March
, 19~ at
400 Park Drive, Mt. Hollv Sprinas
Pennsylvania, by handing to Gerald R. Gehr
,Cumberland County,
a true and attested copy of the Temporary Protection Order, Notice Petition for
Protection Order
and at the sane time directing his attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
D:lcketing
Service
Affidavit
Surcharge
18.00
3.36
21. 36
.
So answers:
-. ~
~ ' -- tV/.'
1'" :G~~c:.t::-(
R. Thomas Kline, Sheriff
Sworn and subscribed to before me
by l ~
/--- ~ .
2-k ~a~~da.",
this l'~ day of 11~
19 q~ A.D.
Y"l~ C. 1"J.wL,~ \
Prothonotary
RECEIPT FOR PAYMENT
===================
Cumberland County Prothonotary's Office
Carlisle, Pa 17013
MISC. HOUSE ACCOUNT
Case Number 1998-99999
Remarks 95-1113 CIVIL TERM
PD BY CLERK OF COURTS
Total Paid $*******10.50 PYMT/CHECK
** DUPLICATE **
Receipt Date
Receipt Time
Receipt No.
No. 14086
01/06/98
14:21:30
60566
---------------------- Distribution Of payment ----------------------
Transaction Description Payment Amount
MISC. MONIES CUMBERLAND CO GENERAL FUND 10.50
10.50
,~
/'-,
r
I
RUBY GEHR,
plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
PROTECTION FROM ABUSE
: NO. 95-1113 CIVIL TERM
V.
GERALD R. GEHR,
Defendant
IN REI PROTECTION FROM ABUSE HEARING
proceedings held before the Honorable GEORGE E.
HOFFER, J., Cumberland county courthouse, Carlisle,
Pennsylvania, on Friday, March 10, 1995, commencing at
2:00 p.m. in Courtroom Number Three.
APPEARANCES:
JOAN CAREY, Esquire
Legal services, Inc.
For the plaintiff
,
',."
<---
c
'"
......
-.
.~. 1
..' ~ '
.
CHARLES RECTOR, Esquire
For the Defendant
..
"
W
I-'
0'
."
')"1
;.1.
"':.; J;
.~ .j'
-
~
~l~JI-
/""'\
A
INDEX TO WITNESSES
FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS
1 - Ruby Gehr
By Ms. Carey J 23,24
By Mr. Rector 14 2J
2 - Mary pressley
By Ms. carey 25
By Mr. Rector 27
J - John Henry Toomey
By Ms. Carey 28
4 - Gerald R. Steigleman
By Ms. Carey JO
By Mr. Rector J2
FOR THE DEFENDANT
1 - Gerald R. Gehr
By Mr. Rector
By Ms. Carey
3J
42
FOR THE PLAINTIFF
INDEX TO EXHIBITS
IDENTIFIED
ADMITTED
1 - Sealed medical records of
plaintiff
9
9
FOR THE DEFENDANT
(No Exhibits presented)
2
.'1
r'\
Friday, March 10, 1995
Carlisle, Pennsylvania
1
2
3
4 THE COURT: Ma'am.
5 MS. CAREY: Your Honor, I represent Ruby Gehr
6 in a Protection From Abuse case.
7 We are requesting that a protection order be
8 entered giving the plaintiff exclusive possession of the
9 marital residence, also ordering that the defendant not
10 abuse her.
11 We are also asking that he pay support to
12 her, including mortgage payments of the house. We are
13 asking that there be no body contact between the parties,
14 and that he pay medical expenses from the February 21st
15 doctor visit. We are also asking for attorney fees.
16 THE COURT: Go ahead, ma'am.
17 MS. CAREY: I would call Ruby Gehr.
18 Whereupon,
19 RUBY GEHR
20 having been duly sworn, testified as follows:
21 DIRECT EXAMINATION
22 BY MS. CAREY:
2J Q
24 A
25 Q
state your name for the record, please?
Ruby Gehr.
Spell your last name?
J
'1
F""'\
\:
I,
,
1 A G-e-h-r.
2 Q And what is your relationship to Gerald Gehr,
J the defendant?
4 A I'm his wife.
5 Q And how long have you been married?
6 A Eighteen years.
7 Q And where do you currently reside?
8 A At 46 Old stonehouse Road, Carlisle.
9
Q
10 residence?
11
12
And how long have you lived at that
A
It will be ten years in September.
And are you in the process of owning that
Q
13 house? Is there a mortgage?
14
15
16
A
Yes.
Q
A
And what are the mortgage payments?
There are two mortgage payments. The one is
17 750, and the other one is 1500 some.
18
19
20
And who do you live with at that residence?
Q
A
Gerald Gehr.
Q
You said you have been married eighteen
21 years. During the course of your marriage, has Gerald Gehr
22 done anything to cause you to fear for your safety?
2J
24
A
Yes, ma'am.
Q
I want to direct your attention to February
25 21, 1995. What, if anything, happened that day to cause you
4
-.,
,..-,.,
1 to be afraid?
2 A That night I was in bed asleep, and my
J husband came home
4 Q Do you recall approximately what time it may
5 have been?
6 A It was around, I would say, 12:30.
7 Q What happened?
8 A And I had been sleeping, and I heard someone
9 racing back the hall. And he grabbed me by the ear and the
10 hair, and he pulled me out of bed. And I was hitting
11 furniture going out of the bedroom. I was out in the hall.
12 .I was hitting the sides of the hall.
13 Q Now, he -- when you say you were hitting
14 them, was he pushing --
15 A He was pushing me, and I was hitting the
16 walls. And I would fall down. And he would kick me and he
17 would tell me to get up.
18 Q Now, where was he kicking you about your
19 body?
20 A He would kick me on the sides, on my sides.
21 Q Did he have shoes on?
22 A Yes.
23 Q Then what happened?
24 A He would pick me up, and he would tell me not
25 to fall down again or he would kill me.
5
-~
'"'
, ,
1
2
Q
And then what happened?
Then I got out to the end of the hall. And
A
J there is a stairway goes down to the right, and the kitchen
4 goes to the left. And when he pushed me again, I started
5 falling down the steps. And I grabbed ahold of the
6 banister. And he said, you should fall and kill yourself.
7 He pulled me up, threw me out into the
8 kitchen, took me over and threw me up against the counter,
9 the kitchen counter. And there were flowers in water, he
10 took them out of the water, put them in front of my face,
11 and he just twisted them into -- threw them down on the
12 floor, and got in the refrigerator and got sandwiches out
13 and threw them on the floor and stomped on them.
14
Then he told me to pick them up, to clean up
15 the mess. I said, I'm so sore, I can't even move. So he
16 knocked his fist through the receptacle on the wall that
17 leads into the dining room, and he took me in -- he grabbed
18 me, and he took me in and threw me up against the French
19 door.
20
Q
Now, when you say he grabbed you, where did
21 he grab you?
22
A
He grabbed me by the arms. And he threw me
23 up against the French door. And he put his hand around my
24 neck. And I could feel his fingers just deepening into my
25 throat. And I said, please, let me go. And he looked at me
6
"1
.0\
1 and he said, I'm going to kill you.
2 Q And then what happened?
J A And he took -- he took -- it was a purple
4 top, he just took it from the neck and just ripped it the
5 whole way down to the hem.
6 Q Your blouse?
7 A Yes.
8 Q And then what happened?
9 A Then he took me into the living room and he
10 told -- he threw me down on the reclining chair. And he
11 said, I hope you are not tired because, he said, you are
12 going to sit there all night.
1J Q Did he make you sit there?
14 A I sat there, scared to death to move.. He
15 turned the TV on. Then he went back over to the French
16 door, he opened it up, and went back into the living room.
17 On his way, he kept pulling handfuls of hair
18 out of my head. And he would put them in front of my face.
19 And he would say there is no proof -- he said, there is no
20 proof of me doing anything like this to you. And he would
21 would he went over, he opened up the dining room door,
22 and he threw poinsettias from Christmas out over the landing
23 of the deck. And they landed in the back porch -- or en
24 the -- in the back yard.
25 Q And what happened to you as a result of this
7
.-,
r--.
1 incident?
2 A I don't understand.
J Q Physically what happened to you as a result
4 of this incident?
5 A I started coughing up blood. And I was
6 scared for my life because it was just -- it will be two
7 years since the doctor operated on my neck. And I couldn't
8 move. And I was losing consciousness.
9 Q When you say you couldn't move, you mean your
10 neck was stiff
11 A I couldn't move my neck. I had to move my
12 whole body.
13 Q Did you seek medical treatment for this?
14 A The next day, my husband took off work. He
15 took a day's work off, which is called an SDO day. And when
16 he left the house, around one o'clock that afternoon, I was
17 still very frightened and so sore. I just knew he had done
18 something to my neck.
19 And I got on the phone and I called Doctor
20 Campbell's office. And Nancy, his nurse, she said, Ruby,
21 Doctor Campbell is in the ER right now, you should see him
22 immediately. And I told her I had no way because he had
23 left with the car.
24 Q Did you -- did you see Doctor Campbell like
25 within the next day?
8
.:
\
,
,
~
r~
1
A
Ves, I saw him the next day. When my husband
2 returned back to work.
J
MS. CAREV: Vour Honor, I have medical
4 records from Doctor Campbell's office. The office certified
5 these records, according to they are made in the ordinary
6 course of buainess. And they are sealed medical records. I
7 would request that Your Honor open them, and that they be
8 admitted as Plaintiff's Exhibit 1.
9
(Whereupon,
10
Plaintiff's Exhibit No. 1
11
was marked for identification.)
THE COURT: What do you want me to do?
12
13
MS. CAREV: Could you open them? Or else I
14 will open them. Those are the only copy I have of the
15 medical records. I don't have another copy of them.
16
I would ask to show these to counsel, and ask
17 that they be admitted into the record to show that the
18 plaintiff indeed did go to the doctor.
19
I ask that these records be admitted into the
20 record to show the fact of injury.
21
MR. RECTOR: No objection, Vour Honor.
22
THE COURT: All right. They are admitted.
2J BV MS. CAREV:
24
Q
During the course of your relationship, let's
25 say during the past year, has there been any regular,
9
'.....,
/-',
1 regular abuse, on a regular basis?
2 A Yes, ma'am.
3 Q Would you give an estimate of about how
4 frequently there is abuse?
5 A There is abuse once a week, once a month.
6 Q What kinds of things does he do on a weekly
7 basis to you?
8 A He pulls hair.
9 makes me sit in dark rooms.
10 water, make coffee.
He verbally abuses me.
He doesn't allow me to use
He
11 Q Why doesn't he allow you to use water?
12 A He tells me he pays the bills.
13 Q Is that the same with the electricity?
14 A Yes.
15 Q Has he ever caused any bruising to you?
16 A Yes, ma'am.
17 Q What does he do?
18 A He pulls me -- he takes ahold of my wrist and
19 pulls me around.
20 Q Would that be like on a weekly basis?
21 A Yes.
22 Q And you say sometimes he does different
23 things on a monthly basis. What does he do on a monthly
24 basis?
25 A I don't understand.
10
'"1
,,-.,
1 Q You just described abuse. You said he pulls
2 your hair. Does that happen on a regular monthly basis?
J A Yes.
4 Q Directing your attention to approximately a
5 year ago, do you recall any abuse happening at that time?
6 A Yes, ma'am.
7 Q What did he do then?
8 A He became outraged and he, he threw me down
9 the steps. He came down and he picked me up by the
10 shoulders and by the hair, brought me back up the steps,
11 threw me back the hall, into the guest bedroom, and just
12 took his foot and just stomped it down on the top of my
13 right foot. And I lost a toenail. The big toenail was
14 dead.
15 Q Did you go to Doctor campbell as a result of
16 that also?
17 A Yes, ma'am.
18 Q Are there ever any threats that the defendant
19 makes to you during these abuse incidents?
20 A Yes, ma'am.
21 Q What does he threaten?
22 A He tells me if I do anything with him, he
2J will kill me, or he will hire a hit man to have me killed.
24 Q Does he make those threats if you ever -- if
25 you would ever do anything to sue him for support or --
11
1
2
A
Q
3 these incidents?
4
5
6
A
7
8
""""'
1"'"'.
Yes, yes, ma'am.
Have you ever called the police during any of
Yes, I have.
Q
Do you call the police regularly?
No.
And why is it that you don't call them?
Because he tells me, if you call the pOlice,
A
Q
A
9 I will kill you or I will have someone kill you.
On the 21st, were the police involved in that
10
Q
11 incident? Did the police get involved, were they called?
12
13
14 residence?
15
16
17
18 wall.
19
A
Doctor Campbell called the police.
And then a police officer did come to your
Q
.'1
A
Yes, the next day.
Are they the ones who
Yes. It is the gentleman sitting next to the
Q
A
Q
Are they the ones who advised you to get a
20 Protection From Abuse order?
21 A Yes.
22 Q In the past, beyond a year ago, was there
23 abuse during the eighteen years of your marriage?
24 A Yes.
25 Q What kinds of things did he do in the past?
12
(:
i')
("'.
1
2 around.
3 arms.
4
5
6
7 past?
8
9
10
A He would blacken my eyes. He would throw me
And he would threaten me, pull hair, pull me by the
Q
A
Q
And those things happened pretty regularly?
Regularly.
Has the abuse gotten worse during the recent
\les, ma'am.
Has it gotten more frequent?
A
Q
A
11 Q
12 residence?
Yes.
Are you aSking that he be excluded from your
13 A Yes.
14 Q From the marital residence?
15 A Yes, ma'am.
16 Q Do you think that you would be safe if you
17 had a protection order and he was still in the residence?
18 A No, ma'am.
19 Q And why is that?
20 A Because he has threatened me if I ever do
21 anything like I had done, go to a doctor or call the police,
22 that he would kill me or have someone kill me.
23 Q And during these incidents, have you been
24 able to get to a phone to call the police?
25 A No.
13
---.
r""\
1 Q Do you have an income?
~ A Yes, ma'am.
J Q What is your income?
4 A I am on disability. I get $492.00 a month.
5 Q Are you requesting support, however, in the
6 amount of $150.00 a week pending a hearing by the Domestic
7 Relations Office?
A
Q
A
Q
A
Around approximately two thousand a month.
Is that net or gross?
That is
Bring home?
That would be net.
MS. CAREY: I have no other questions.
CROSS-EXAMINATION
8 A Yes, ma'am.
9 Q Are you requesting that he pay you -- pay for
10 the medical bills that you incurred at Doctor Campbell's?
11 A Yes, ma'am.
12 Q Are you requesting that he pay for the
1J mortgage, pay the mortgage payments?
14 A Yes, ma'am.
15 Q To the best of your knowledge, what is his
16 salary?
17
18
19
20
21
22
23
24 BY MR. RECTOR:
25 Q
Mrs. Gehr, I have some follow-up questions
14
.......,
r--.
1 for you. Is it Doctor Campbell who has been your treating
2 physician for a number of years?
3
A
4
Q
,
i
i
I
"
For the past three years.
And on February 23, when you went to see
5 Doctor campbell, did he do a thorough examination of you?
6
He examined my neck and they also checked me,
A
7 they checked my back.
8
9
10
Q
All right.
And my sides.
You indicated to the doctor that you were
A
Q
11 concerned. Having had surgery on your carotid artery, you
12 were having some pain there, is that correct?
13
A
Nancy had said something to me on the phone
14 the day I called her. She said, under your conditions, you
15 should see him immediately.
16
Q
Did Doctor campbell tell you that he did not
17 notice any swelling on your neck? Did he tell you that?
18
A
He told me -- he told me he didn't feel that
19 he had done anything to the carotid artery where he had
20 widened it.
21
Q
And did he also tell you, Mrs. Gehr, that he
22 did not notice any marks, swelling on your neck? He told
23 you that, didn't he?
24
A
He said, to his knowledge, he could not -- he
25 could not see that he had done any harm.
15
1 Q And despite your complaint about having a
2 sore jaw, he also told you, didn't he, that he could not say
J for sure whether your jaw was swollen? He told you that
4 too, didn't he?
5 A Not to my knowledge, no.
6 Q Now, he examined your upper chest, your
7 abdomen and your back, is that correct?
8 A Nancy did that, the nurse.
9 Q All right. Are you aware of the fact that
10 there were no bruises of any sort identified by the
11 physician?
12 A
13 chin.
14 Q Your carotid artery was also examined with a
15 listening device, wasn't it?
16 A That I'm not sure of.
17 Q All right. Are you aware of the fact that
18 the sound of that artery was clear, according to Doctor
19 Campbell?
20
21
22 did he?
23
24
25
~
(1
No, I had a red -- I was red underneath the
A
Q
That I'm not sure of, sir.
Well, he didn't say he heard any problems,
A
Q
A
As far as he could tell, no.
You suffer from a diabetic condition?
Yes, I do.
16
.....,
r'\
1
Q
Does that condition require three times a day
I
"
2 injection of insulin?
3 A No, sir.
4 Q How do you medicate yourself?
5 A I take insulin, and I check my blood sugars
6 three times a day.
7 Q You check your blood sugar?
8 A Yes.
9 Q And how often do you take your insulin?
10 A Twice a day.
11 Q Twice a day. The fact is you have had
12 problems in the recent past -- and by recent past, I mean
13 the last several weeks -- regarding your diabetic condition,
14 isn't that correct?
15 A That is correct.
16 Q And that has led you at times to black out
17 and collapse, isn't that also true?
18 A I have never blackened out, no.
19 Q Did you blacken out at the grocery store
20 where you were unconscious in your car for several hours?
21
A
That was some time ago, sir. That was not
22 recent.
23
Q
That was in December of 19941
24
25
A
No, sir, it wasn't.
Q
Before that. But you would agree, would you
17
" ,', I
~, "......., .;. _ . _.d ~ ----t::.=-'-::::-"::-=:-- ~ '. -
'---,
.1'"'"\
:1
'I
.,
;1
(1
I:
"
1 not, Mrs. Gehr, that there have been a number of times when
2 your husband has had to rush you to the hospital because you
3 have collapsed, is that a fair statement?
4 A Yes.
5 Q Now, Doctor Campbell also treated you for a
6 toe problem, I see, from his report.
7 A That is correct.
8 Q That was back in 1993. Is that the same toe
!l
.,
,
I
I
i
9 problem you have testified to today?
10 A Yes, sir.
11 Q You never told Doctor Campbell that your
12 husband hurt your toe, did you?
13 A Yes, sir, I did.
14 Q You did?
15 A Yes, I did.
16 Q I want to direct your attention next to the
17 day of February 21st. Ma'am, I ask you firstly, on that
18 day, you didn't get home yourself until about midnight, did
19 you?
20
A
I got home at twenty minutes after eleven,
21 sir.
22
Q
Twenty minutes after eleven. You had been
23 gone for the afternoon and evening hours?
24
A
My husband left that afternoon in a rage.
25 And when he left, he took the Blazer. And I knew what was
18
"""
n
1 going to go on whenever he came home. And I called my
2 friend, Marge, and she told me to come down to her place.
J That is where I was.
Q Now, after this incident allegedly
by the way, you have your own vehicle, don't
4
5 occurred
6 you?
7
B
9
10
11
12
A When I am able to use it.
Q All right.
A He tells me when I can use it.
Q Do you have car keys to that vehicle?
A Yes, I do.
Q And did you have car keys to that vehicle
13 after February 21st, say the 22nd, 2Jrd, 24th?
14 A When he didn't have it. But he took it quite
15 frequently after that.
16 Q Is there another vehicle at the household?
17 A There is a Blazer.
1B Q Do you have access to that?
19 A No, there is only one set of keys. And he
20 takes them with him.
21 Q Now, ma'am, you have testified that in the
22 past year there has been incidents of hair pulling and
2J verbal abuse. Have you contacted the police any time in the
24 last year regarding this -- these complaints?
25 A No.
19
,..-...,
~
1 Q Have you contacted anybody, including Doctor
2 Campbell, about those complaints?
J A No, because of fear and threats.
4 Q And with respect to these blackened eyes and
5 pulled hair over the last eighteen years, you haven't
6 contacted anyone about those, is that your testimony?
7 A I had, seven years ago, whenever I came home
8 from Hershey Medical center, after I had triple bypass
9 surgery, he had beat me one morning before he went to work.
10 He was working a part-time job in carlisle.
11 I called the Silver Springs Township Police.
12 And they came to my house. And he had beat me around the
1J head. And I had a mark underneath one of my eyes. Right
14 now I am not sure which one it was. And he had pulled my
15 hair; And when he left, I contacted the Silver Springs
16 policeman.
17 There was an officer came to my house. He
18 looked at me and he said, ma'am, he said, we are going to go
19 in and we are going to talk to your husband. And about, I
20 would say, an hour, maybe two hours later, they came back to
21 my house, and they said, we went in and we talked to your
22 husband and we asked him if he hit you, and he said no. So
23 we can't do anything with him.
24 Q You also told the Silver spring Police
25 Department that your husband's hands were all cut up from
.')
ri
1 hitting you, didn't you?
2
J
A
That I do not recall of, sir.
They didn't tell you that that is why they
Q
4 weren't going to arrest him?
5
6
A
No, sir.
Q
Now, you also testified that you had called
7 the police regularly in the past. other than the Silver
8 spring Township incident, you have never called the police,
9 isn't that true?
f
10
11
12
1J
A
That is correct.
Q
So when you say regularly, you mean one time?
That is correct.
A
THE COURT: I don't know that she said
14 regularly, Mr. Rector.
15
16 BY MR. RECTOR:
17
MR. RECTOR: Yes, Your Honor.
Q
I want to next direct your attention to the
18 damage to the house that was allegedly caused on the 21st.
19 You indicate that there was a doorjamb that was -- was it
20 cracked?
.,..
21
22
2J
A
Yes, sir, at the top.
And what other damage was there to the home?
The -- he took his fists through a wall
Q
A
24 socket that has a dimmer switch on and another switch that
25 turns on the kitchen light, and the other one turns on the
21
'____._ ~ ... _ . .. .:r~ ..~~-"...,..-
, ", I ' ,.... '____r . I
r,\
~
1 dining room light. He took his fist and smashed through it.
2 Q And was that -- was either of those two bits
3 of damage, were they fixed prior to the time that your
4 husband was served with a protection order?
5 A Yes, they were, sir, the next day, whenever
6 he took off work. He left that afternoon. And whenever he
7 returned, he had a llew wall socket that he put on.
8 Q Did you see him do that?
9 A Yes, sir, I did.
10 Q Ma'am, what is your source of income?
11 A I am on disability, sir.
12 Q And your monthly do you get a monthly
13 check or bimonthly check?
14 A I get a monthly check.
15 Q What is the amount of that check?
16 A $492.00.
17 Q Is that your only source of income?
18 A That is correct.
19 Q Now, would you agree that when you and your
20 husband were residing together, that his income went to
21 essentially pay the bills and yours went to buy groceries,
22 et cetera?
23 A I bought groceries out of my money. I paid
24 for my own medication. And I paid for the majority of my
25 doctor bills. And I buy food. And now and again he would
22
.""""'.
('"'\,
1 ask me to pay -- he would help me -- he would ask me if I
2 could pay the phone bill. If it was if it was running up
J real high or, I should say, even if it wasn't run up real
4 high.
5 MR. RECTOR: That is all the questions I
6 have.
7 REDIRECT EXAMINATION
8 BY MS. CAREY:
9 Q Mrs. Gehr, when you went to Doctor campbell,
10 he was concerned enough to call the police, is that correct?
11 A That is correct.
12 Q And he told you he was going to do that?
1J A He asked me first if I had called the police.
14 And I said no, Doctor Campbell, I have not. I said, I am
15 afraid to.
16 Q So he called the police.
17 A He said, Ruby, he said, I have to call the
18 police. He said, I am not going to have my license taken
19 because of your husband doing something like this.
20 MS. CAREY: I have nothing else.
21 RECROSS-EXAMINATION
22 BY MR. RECTOR:
2J Q Ma'am, you returned home on the 2Jrd, after
24 visiting Doctor Campbell?
25 A Yes, sir.
23
.r-.,
("'1
1 Q And you remained at home until March 2nd, is
2 that correct? March 2nd, just for reference purposes, is
J the date that your husband was served with an order.
4 A That is correct.
5 Q You resided in the home until that time?
6 A That is correct.
7 Q You prepared meals?
8 A Yes, that is correct.
9 Q You were there all night?
10 A Yes.
11 Q You packed his lunch pail?
12 A He asked me not to pack his lunch.
13 Q Did you offer?
14 A No, he told me not to bother.
15 MR. RECTOR: That is all I have.
16 THE COURT: You may step down.
17 MS. CAREY: Just one more question.
18 REDIRECT EXAMINATION
19 BY MS. CAREY:
20 Q Since he has been excluded from the
21 residence, has there been any change in your feelings?
22 A I have felt -- I cannot tell anybody how
23 relaxed I have felt.
24 MS. CAREY:
25 THE COURT:
That is all.
Step down.
'1
r\
1 MS. CAREY: Mary Pressley.
2 Whereupon,
J MARY PRESSLEY
4 having been duly sworn, testified as follows:
5 DIRECT EXAMINATION
6 BY MS. CAREY:
7 Q Would you state your name for the record,
a please?
9 A Mary pressley.
10 Q Spell your last name?
11 A p-r-e-s-s-l-e-y.
12 Q And approximately how long have you known the
1J plaintiff, Ruby Gehr?
14 A since 1974.
15 Q Are you a neighbor of hers?
16 A Yes, I am.
17 Q Do you see her on a regular basis?
1a A Yes, probably once a week.
19 Q And do you recall ever seeing any signs of
20 abuse or anything about her that has caused you to fear for
21 her?
22 A
2J Q
24 what you saw?
25 A
Yes, I have.
Could you tell the Court when you saw and
A year ago, I saw her toe.
25
1
.......,
-\
Q
Did she tell you -- did you see her around
2 the time when the injury occurred?
J A Yes, I did.
4 Q And did she tell you who caused the injury?
5 A She said that Jake had done it, Mr. Gehr.
6 Q And how did she appear at that time when she
7 was telling you that?
8
9 nervous.
10
She appeared very upset and scared and
A
Q
And recently, were you aware of any abuse
11 around February 21st?
12
1J
14 that?
15
16
17
18
19
20
A
Yes, I was.
Q
What did you -- how did you become aware of
,
A
Ruby called me and told me.
And what did she tell you?
She told me that Jake had beat her up again.
And how did she sound to you?
Q
A
Q
A
She was scared and nervous.
Q
And in the -- in the past, did you see any
21 other bruising or any other signs of abuse?
22
I saw her after she came from having triple
A
23 bypass a few months after that, I saw the mark on her face.
24 And she also told me that she had been beat then. And back
25 in 1974, when I worked with her, I saw her black eyes when
26
, . , _ .. ,."''''''''''' __.....A..<.;. ", ~ 'A ..' ~~-----:::-:.:::..---:-:::-:::.:,' ....: J
-,
~
1 she would come to worK.
2
J
4 BY MR. RECTOR:
5
Q
MS. CAREY: I have nothing else.
CROSS-EXAMINATION
i
~:
,
with respect to the February 21st incident,
6 ma'am, would it be fair to say that everything you Know
7 about the incident is based upon what Mrs. Gehr has told
8 you?
9
10
A
Yes, it would.
And with respect to anything that is alleged
Q
11 to have occurred this year, 1995, would it be fair to say
12 that you have never seen Mr. Gehr hurt Mrs. Gehr?
1J
14
15
16
17
18
19
20
21
22
2J
A
I'm sorry, I didn't hear you.
You have never seen Mr. Gehr hurt Mrs. Gehr?
Q
A
No, I have never seen him.
Q
Do you go to the house?
A
Yes, I do.
Q
Do you visit when they are both together?
A
Very seldom.
MR. RECTOR: That is all I have.
MS. CAREY: I have nothing else.
THE COURT: Thank you, ma'am.
MS. CAREY: Officer
Chief Toomey from
24 silver springs Township police.
25
Whereupon,
27
""""\
r,
1
JOHN HENRY TOOMEY
2
having been duly sworn, testified as follows:
I,.,
;'
, ,
J
DIRECT EXAMINATION
4 BY MS. CAREY:
5
Q
Would you state your name for the record,
6 please?
7
John Henry Toomey.
And what is your
what is your occupation?
A
8
Q
9
Chief of Police, Silver Spring Township,
A
10 Cumberland County.
11
And as the Chief of Police, have you recently
Q
12 come to know of Ruby Gehr?
13
A
Yes, ma'am.
14
And would that have been on or around
Q
15 February 21st?
16
17
A
2Jrd.
23rd. What happened at that time?
Around ten after two, we received a call and
Q
18
A
19 I was the one that picked it up. And I was talking to a
20 Doctor campbell. He explained to me that according to law
21 he had to report an injury sustained by a female from our
22 township. And he gave the name of Ruby Gehr, 46 Old
2J Stonehouse.
24
He went on to say about he had operated on
25 Mrs. Gehr either a year or a year and a half ago, and she
28
, ' ...... . -:-- . j.
.' ~ ',' . . ,.'
'.......
/'....\
1 would be having trouble with her neck. And he was told that
2 she was grabbed by the neck, was very discomforted. She
J couldn't turn for two days. And she was afraid -- I'm not
4 sure whether he said there were also marks on her arms or
5 not. Maybe that came from Mrs. Gehr later. But that is --
6 the doctor just wanted to report this.
7 Q Okay. So he was reporting that this injury
8 was caused by Mr. Gehr?
9 A He said Mrs. Gehr told him that Mr. Gehr had
10 grabbed her around the neck and several other pushing and
11 shoving. Exactly I am not sure.
12 Q Did you do anything through your office to
13 follow up on this?
14 A At that time, I told the doctor to have Mrs.
15 Gehr stop on her way through to her home and we would
16 provide her with all the necessary documentation and also
17 talk to her.
18 Later that afternoon, I received a call from
19 Mrs. Gehr saying she was already at home. And we talked
20 about this while she explained more about the injuries. And
21 I told her when can I come to your house and bring you all
22 the necessary paperwork on the domestic violence. She says
2J tomorrow my husband goes to work from eight to four.
24 I told her at that time I would check the
25 schedule. And my sergeant was working the next day, the
29
......,
('\
1 24th. I told her that after eight o'clock, my sergeant
2 would be there to explain our duties and our
J responsibilities.
4 Just for the matter of the record, I did
5 check our files, and I could find nothing in our files on
6 G-e-h-r. Maybe I missed this one seven years ago. I will
7 have to look again.
8
9
MS. CAREY:
MR. RECTOR:
.1 have nothing else.
I have no questions of the
10 Chief, Your Honor.
11 THE COURT: Did you talk to Mr. Gehr?
12 THE WITNESS: No, sir, I did not.
13 THE COURT: Thank you, sir.
14 THE WITNESS: Thank you, sir.
15 MS. CAREY: Sergeant steigleman.
16 Whereupon,
17 GERALD STEIGLEMAN
18 having been duly sworn, testified as follows:
19 DIRECT EXAMINATION
20 BY MS. CAREY:
21 Q Would you state your name for the record,
22 please?
2J
A
Gerald R. steigleman.
And what is your occupation?
I'm a police officer for Silver Spring
24
25
Q
A
30
---
(""i
1 Township Police Department.
2 Q And as a police officer, did you have
3 occasion to go to the home of Ruby Gehr?
4 A Yes, I did.
5 Q Do you remember on or about when you went
6 there?
7 A I went on February 24th, at approximately
8 12:06 p.m.
9 Q And when you went to the residence, did you
10 see any sign that there had been any -- any physical sign in
11 the house that there had been the violence that Mrs. Gehr
12 complained of?
13 A Mrs. Gehr had pointed out the area of the
14 French door where she stated her husband pushed her against
15 the door. On the left side of the door, if you are looking
16 at the door, looking on it toward the back of the residence,
17 the paint was separated between the trim and the doorjamb.
18 And also in the miter -- mitered corner, in the upper left
19 hand corner, that was also separated. The right side was
20 not.
21 Q And did she explain how that may have
22 happened?
23 A She said that her husband pushed her against
24 the door.
25
Q
Did she also report other domestic violence
31
I:
.-,
f"'\.
1 that had occurred?
2 A Yes, she had related to me everything that
3 Chief Toomey had wri tten on the original report.
4 Q And did you advise her about the Protection
5 From Abuse law?
6 A Yes. I gave her our form with Domestic
7 Relations, and it has all the appropriate phone numbers that
8 she should contact people. And she signed our receipt
9 stating that she did receive a copy of it.
10
And did she explain that she is not able to
Q
11 call the police during assaults or not able to call anybody?
12
That is correct. And I explained to her that
A
13 the new 911 system, if she dials 911, the -- it
14 automatically goes in. And it is a telephone number
15 enhanced system now. And even if the phone was hung up or
16 pulled out of the wall, county communications would be able
17 to track the phone number.
18
Q
When you were talking to her, did she appear
19 to be afraid of Mr. Gehr?
20 A She said that she was in fear of her life,
21 yes.
22 MS. CAREY: Thank you. I have nothing else.
23 CROSS-EXAMINATION
24 BY MR. RECTOR:
25 Q Officer, did you interview Mr. Gehr?
32
A. . ."
, . .
. , ,
- .
1
2
3 have, sir.
4
5 that day?
6
,...,
,
(""\
A
No, I did not.
MR. RECTOR: That is all the questions I
THE COURT: Did you see any injury on her
THE WITNESS: I did not see any indication of
7 any. injuries on her neck or anyplace, no.
8 THE COURT: Did you try to look for anything?
9 THE WITNESS: I asked her if -- where her
10 injuries were. And she said in the neck area. However, I
11 did not see any bruising at all in the neck.
12
13
14
15
16
17
18 gentlemen.
19
20
THE COURT: Okay. Thank you, sir.
.,
Do you want to let them go home?
MS. CAREY: Yes.
THE COURT: No objection?
MR. RECTOR: No objection.
THE COURT: You may go home if you 'want,
MS. CAREY: I rest, Your Honor.
MR. RECTOR: Take the stand.
21 Whereupon,
22 GERALD R. GEHR
23 having been duly sworn, testified as follows:
24
25
THE WITNESS: Gerald R. Gehr.
DIRECT EXAMINATION
33
. .
. , .' . ' - ...~--:--;::: .:.::.:::=::::::: .
. .....~.._..__ ~~__........_.J...~~+. , , . '1
1 BY MR. RECTOR:
2
3 Gehr?
4
5
-..
r,
Q
Mr. Gehr, you are the husband of Ruby Irene
A
That is correct, sir.
And I want to direct your attention -- first
Q
6 let me ask you, where are you working?
pittsburgh Plate Glass.
How long have you been down at PPG?
It will be twenty-three years in August of
7 A
8 Q
9 A
10 this year.
11 Q
12 A
13 Q
14 currently?
15
16
17
How would you describe your health currently?
Pardon?
I said how would you describe your health
A
My health?
Your health.
Mine is excellent up until I got served with
Q
A
18 the papers out at work.
19
All right. Well, what happened to you when
Q
20 you got served, healthwise?
21
22
23
I couldn't believe it. Healthwise?
A
Q
Healthwise.
A
Well, I have been having chest pains, nervous
24 condition and everything. Last Wednesday night, they took
25 me up, my blood pressure was 190 over 126. They wanted to
34
')
,-...
1 take me to the hospital. I said no.
2 MS. CARE'i: Objection, the relevance of his
3 health to this issue.
4 MR. RECTOR: Goes to income, 'lour Honor.
5 THE COURT: Goes to what?
6 MR. RECTOR: It goes to income. I am going
7 to try to get to that.
8 THE COURT: Okay.
9 B'i MR. RECTOR:
10 Q 'iou are currently on what sort of status at
11 work?
12 A Special assignment like. I can do different
13 jobs and everything.
14 Q Now, has there arisen an order by somebody at
15 work that you be checked out for your heart?
16 A My foreman. .
17 Q Are you allowed to work at PP&G until that
18 takes place?
19 A Not no more.
20 Q When did they tell you that?
21 A The doctor told me this morning, that is it.
22 Q When is your stress test scheduled?
23
24 sometime.
25
A I have to go to the doctor next Tuesday
I think 2:45 or 2:30, somewhere in there.
Q Tuesday?
35
.....,
.",_.,
1 A Uh-huh.
2 Q Now, I want to direct your attention to
3 February 21st. I ask you first, Mr. Gehr, what time did you
4 get home that night? Do you recall?
5 A I got home okay, I got home in the afternoon.
6 She was gone, okay.
7 Q She being your wife?
8 A My wife was gone, right. Okay. Then she is
9 a brittle diabetic and everything. Around 7:30/ in around
10 there, I called Marge pugh. I said, Marge, I said, is Ruby
11 down there. She said yeah. I said, okay, I said, give me a
12 call when she is ready to leave.
13 Q Why did you call down there to see if she was
14 there?
15 A Because she is a brittle diabetic. The
16 police have found her sitting at stop signs in carlisle,
17 sugar attack, which she has had attacks, fell down
18 stairsteps. The ambulance has hauled her from Carlisle,
19 hauled her from Churchtown. And hauled her in carlisle.
20 She laid in there for eight days. She had a concussion and
21 every thing, and a pile of blood. No clothes on.
22 Q Have there been times when you have been
23 called at work regarding her --
24 A About fifty times since I have been out there
25 that I have called her, somebody has called met including
3G
"""
.r-\
1 Mrs. Pressley. Including the man across the road, Mr. James
2 Roof.
J Q All right. Now, I want to direct your
4 attention to the point in time when she came home on the
5 21st. I ask you specifically, did you threaten her?
6 A No, I did not threaten her.
7 Q Did you physically assault her in any way?
8 A I didn't touch her. I said why -- what took
9 you so long to get from Marge's. I called there around
10 10:30 the second time to Marge, and she said, Ruby is just
11 now leaving. About 11:30, she wasn't home yet.
12 We come across back roads when we go from
1J Marge's. And her sugar attack and stuff, you don't know
14 whether she had a sugar attack, because she has had them two
15 o'clock in the morning. Mr. Jim Roof has helped me carry
16 her down and put her in the car. I have taken her to the
17 Carlisle Hospital.
18 Q You were concerned?
19 A That is right.
20 Q Now, we have heard some testimony on direct
21 examination from your wife that you control the water. Do
22 you turn the water off periodically so your wife can't use
23 it?
24 A No, sir, I got a water softener I rent off of
25 a guy, and they have been messing it all up. If I shut it
37
\
--..,
,'--
1 all off, and it was supposed to come on that night, it would
2 mess the whole guts up inside.
J Q You can't turn the water off?
4 A No.
5 Q How about electricity, do you ever go out to
6 telephone pole and shut the transformer down?
7 A No, I would have to climb the pole.
8 Q Let's talk about that car your wife drives.
9 Does she have her own vehicle?
10 A She drives my car which is in my name, right.
11 Q And who usually keeps the keys to that car?
12 A No, I don't.
1J Q Does she?
14 A She has one set in her pocketbook. Probably
15 not on no key ring. And the other set hangs -- we have a
16 mirror that you have remote control from the right-hand
17 side, we hong the keys on there to the automobile.
18 Q Do you ever prevent her from having keys to
19 her car?
20 A No, sir, I don't.
21 Q Did you say to her on the 21st of February
22 that you were going to kill her?
2J A No, sir, I didn't.
24 Q Did you push her towards the stairwell?
25 A No, sir, I didn't lay a hand on her.
J8
'--"
f""'I
1 Q Did you keep her up that night?
2 A No, sir, I didn't.
J Q Did you throw any food around the kitchen and
4 ask her to clean it up?
5 A No, sir, I did not.
6 Q Now, there was also testimony about a broken
7 doorjamb in the house. Did you break a doorjamb?
8 A No, sir, I did not.
9 THE COURT: I thought it was a light switch.
10 MR. RECTOR: Pardon me, Your Honor?
11 THE COURT: A light switch.
12 MR. RECTOR: Well, there is a light switch
13 too.
14 BY MR. RECTOR:
f'
,
21
A
I think that is correct. That was on a
15 Q Did you break a light switch?
16 A No, sir, I did not.
17 Q Did you break anything?
18 A I didn't break nothing.
19 Q NoW, from the 21st -- by the way, you were
20 served on March 2nd?
22 Thursday, if I am correct.
23
Q
Were you at the house, except for going to
24 work, between the 21st and the 2nd of March?
25
A
Ves, sir.
39
'""\
,-.,
But
1
2
J
4
5
6 there?
7 A She was there all the time I was there.
8 After I went to work, I don't know what she done then.
9 let's put it this way, she was there every night.
10 Q Did she give you any indication after the
Q
A
Q
A
Q
The 21st of February --
Yes, sir, I was at the house every night.
Was your wife there?
Yes, sir, she was.
Was she there most of the time that you were
11 23rd that she was seeking protection from your abuse?
12 A No, sir, she never said a word to me.
1J Q Did she ever ask you to leave?
14 A No, sir.
15 Q Did she ever tell you that she might leave?
16 A She would leave -- when we lived in Carlisle
17 and everything, she went over to her sisters one time and
18 left.
19 Q I am talking about from February 23rd to
20 March 2nd.
21 A Oh, no, sir, no. She never -- never
22 mentioned about leaving or going anyplace.
2J Q Did you ever see her cough up any blood on
24 the 21st of February?
25 A I never seen her cough up none.
40
1 Q
2 up blood?
3 A
4 Q
,.-...,
f"\
Did she ever complain to you about coughing
No, sir, she did not.
By the way, we have heard mention of a toe,
5 the big toe being injured. How did your wife hurt her big
6 toe, do you remember?
7 A She stomped it on a bed post.
8 Q A bed post?
9 A Yeah. We have a bed, well, okay, since the
10 flood or the ice started to hit us, we got a new bed. But I
11 had them steel pins down at the bottom. And she was making
12 the bed, and she jammed her toe into that.
13 Q Now, Mr. Gehr, you have a current first and
14 second mortgage. Can you state whether or not they total
15 about $1200.00 a month?
16 A That is correct.
17 Q And how much money do you have left over
18 after all the bills at that household are paid?
19 A About a hundred dollars maybe, or less
20 sometimes.
21
22 house?
23
24
25
Q
Do you have anywhere to stay other than the
A
Q
A
No.
Where are you staying now?
Over at my brother's -- my mother's for a
41
"
r......\
1 little while. But I can't stay there all the time because
2 my one brother stays there a lot.
3 Q Do you have the money to stay anywhere else?
4 A I don't have no money at alL
5 Q Now, directing your attention to what you
6 would like the court to consider, are you prepared to comply
7 with a protection From Abuse order, for one year, in
8 addition to allowing you to return to the house, if the
9 Judge sees fit?
10 A That is correct, sir.
11 MR. RECTOR: Your witness.
12 CROSS-EXAMINATION
13 BY MS. CAREY:
14 Q
15 this time?
16 A
17 Q
18 A
19 Q
20 A
21 Q
22 bedroom?
23 A It is full of storage. I don't know where
24 she would put the stuff at.
25 Q But it is a room?
You said you are staying at your mother's at
That is correct.
She has three bedrooms at that house, right?
Only two beds, ma'am.
Three bedrooms though?
Yeah, the other is a storage room.
But it is a bedroom, could be made into a
42
')
1""'.
1 A It is a room, yeah.
2 Q Thank you. You said you don't olimb up the
J pole to turn off the eleotrioity. But you do turn off the
4 switohes?
5 A I do not turn off no switohes, ma'am.
6 Q You have never turned off the switohes
7 A I never turned off no switches at all
8 whatsoever.
9 Q When you find her downstairs reading a book,
10 you turn off the switches?
11 A No, ma'am, I do not.
12 MS. CAREY: I have nothing else.
lJ MR. RECTOR: No redirect, Your Honor. And we
14 rest.
15
16 be admitted.
17
" 18
19
20
MS. CAREY: I move that the medical records
THE COURT: Already admitted.
We will take any argument off the record.
(Argument held off the record.)
THE COURT: Let the record reflect that I
21 will enter an order of protection From Abuse, but I am not
22 going to order an exclusion in the case.
2J Would I be fair in assuming there is more
24 than one bedroom in the house?
25 MR. RECTOR: Yes, Your Honor.
43
.....,
~
1 THE COURT: Ma' am?
2 MS. CAREY: Yes.
J THE COURT: okay. Well, perhaps Mrs. Gehr
4 should take her choice of bedroom, and even lock the door at
5 night in the bedroom if she goes to sleep. But I will enter
6 the usual order.
7 And what else do we have in mind, ma'am?
8 MS. CAREY: Your Honor --
9 THE COURT: You prepare me the usual order,
10 bring it over to me.
11 MS. CAREY: Your Honor, would you entertain
12 the possibility of having some limited period of exclusion
1J so that my client could --
14 THE COURT: For what purpose?
15 MS. CAREY: So she could decide whether she
16 wants to leave the residence and find someplace else or
17 whether -- whether she wants to file for divorce. We had
18 proposed six months to counsel. They had --
19 THE COURT: What is your limited period?
20 MS. CAREY: We wanted six months.
21 THE COURT: No. A limited period you were
22 talking about. A week?
23 MS. CAREY:
24 THE COURT:
25 MS. CAREY:
No, I was
Ten days?
At least two months.
44
.,-""
\
f"'*'.
1
THE COURT: Well, I will give you -- I will
2 give you a ten day exclusion until you decide what how
J you want to proceed in the case, what your options are.
4
MS. CAREV: Thank you/ Your Honor.
TilE COURT: All right. Now, Mr. Gehr, I have
5
6 accepted your wife's testimony about what happened on
7 February 21st. What I haven't accepted is the seriousness
8 of the injuries that she related, because the doctor's
9 report doesn't substantiate the injuries to be as serious as
10 she indicateD that they are.
11
Out nevertheless, I have found in her favor
12 that she warrants a protection order from you. And I have
13 found that you are threatening her, sir, in some fashion or
14 another. Now, that has got to stop. We can't have that
15 kind of stuff.
16
If the two of you can't get along, you should
17 talk about a divorco and go your separate ways or something.
18 Out if you violate my order, you can be sent to jail for up
19 to six months, sir. And I won't hesitate to put you in
20 jail. Do you understand what I am saying?
21
22
TilE DEFENDANT: Yes, sir.
TilE COURT: Okay. I would like you to try to
2J get any oooperation you can, Mrs. Gehr, out of any future
24 inoidents, oorroboration on any future incidents that arise.
25 I don't know how you are going to do it, but it is always a
45
.-"
,......
1 problem in this case where one aide says one thing and
2 another says another thing, and your injuries just don't
3 quite support the seriousness of what you say the injuries
4 are. But I have given you the benefit of an order. And
5 after ten days, the exclusion is going to evaporate.
6 The order will go for a year, Ms. carey.
7 Anything else?
8 MS. CAREY: Your Honor, in the order we will
9 include that there is no harassing or --
THE COURT: Yeah, the usual order, standard
10
11 order. Sure.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MS. CAREY: Okay. Thank you.
THE COURT: court's in recess.
(Whereupon, the proceeding was
conoluded at 3:20 p.m.)
46
1
2
:I
CERTIFICATION
4
5
6
I hereby certify that the proceedings are
7 contained fully and accurately in the notes taken by me on
8 the above cause and that this is a correct transcript of
9 same.
10
11
12
13
14
15
16
17
Farley
Court Reporte
The foregoing record of the proceedings on the
within matter is hereby approved and directed
18 hearing of the
19 to be filed.
20
21 ~(
22
23
24
25
I J.,',.,
istrict .
56. ~!pr, 7. IE inr
47