HomeMy WebLinkAbout96-06072
Linda A. Sgrlgnoli.
PI/llnt Iff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96- "O'I.:t.CIVlI. TERM
Brian M. Sgrlgnoli.
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
AND NOW, this
ROTECTION ORDER
of November. 1996. upon
presentation and consideration of the within Petition. and upon
finding that the plaintiff. Linda A. Sgrlgnoll, now residing at
312 College Hili Road, Enola, Cumberland County, Pennsylvania, is
In Immediate and present danger of abuse from the defendant,
Brian M. sgrlgnoll, the following Temporary Order Is entered.
The defendant, Brian M. Sgrignoll, (SSN: 178-62-7548)(Date
of Blrth:ll/21/65) now residing at 312 College Hili Road, Enola,
Cumberland County, Pennsylvania, Is hereby enjoined from
physically abusing the plaintiff, Linda A. Sgrlgnoll, or placing
her In fear of abuse.
The defendant Is excluded from the plaintiff's residence
located at 312 College Hili Road, Enola, Cumberland County,
Pennsylvania, a residcnce which is jointly owned by the parties,
and any other residence the pl/lintlff may establish, e~cept for
the limited purpose of transferring custody of the parties'
children. The defend/lnt shllll relllain In his vehicle at all times
during the trllnsfer of custody.
The defend/lnt is ordered to refrain from having any direct
or indirect contact with the pl/lintiff inc,uding, but not limited
to, telephone and written communlc/ltlons, except for the limitcd
County Courthouse, rarlisle, 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
make service at the 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 East Pennsboro Police Department will be provided with a
certified copy of this Order by the plaintiff's attorney. This
Order shall be enforced by any law enforcement agency where a
violation occurs by arrest for indirect criminal contempt without
warrant upon probabie 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 defendllnt shall be taken without unnecessary delay
before the court that issued the order. When that court is
unavailable, the defendant ahal I be tllken before the appropriate
district Justice. (23 Pa.C.S. y 6113).
By the
FiLED-OFFlCE
01"1 :;: r':'"II/'''.''':1TA9Y
951101'-6 P/l 1/5/
CUI,:~:",/. .;J (;(,UN(Y
f'ENNS\'LVAN!A
~'1~~~~L.,::>.
Linda A. Sgrlgnoll,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96- "v'1;l.. CIVIL TERM
Brian M. Sgrignoll,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
NOTICE
You have been sued in court. If you wish to defend against tbe
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 fall 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.
flillS AND COSTS
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.
have a lawyer or cannot afford one, go to or telephone
forth below to find out where you can get legal help.
If you do not
the office set
COURT ADMINISTRATOR. 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County Is required by law
to comply with the Americans witb Disabilities Act of 1990. For
information about accessible facilities nnd reasonable accommodations
available to disabled individuals having business before the court,
please contact our office. All arrangements must be mllde at least 72
hours prior to any hearing or business before the court. You must
attend the scheduled conference or hCllring,
Instances of abuse:
a. On or about October 26, 1996. the defendant became
angry with the plaintiff, grabbed her by the throat and
slammed her Into the wall. The defendant then grabbed
the plaintiff's wrists and pushed her to the ground.
When the plaintiff struggled free. the defendant
followed her, pushed her onto the bed. grabbed the back
of her neck. pushed his knee into her back. and twisted
her hand behind her back. The plaintiff suffered pain
and soreness and sustained injuries including bruises
on her wrist, arms. and legs.
b. On or about September 22. t996, the defendant
became angry with the plaintiff. picked her up from the
ground by her throat, and threw her into a chair,
causing her pain.
c. During the course of their ten year marriage the
defendant has abused the plaintiff several times a
month in ways including the foltowing: choking the
plaintiff. slamming her against walls. holding her in a
head lock while shouting abusive langullge at her.
drllwing his fist hack as if to hit her. Ilnd preventing
her from leaving n room during Iln argument hy blocking
the door with his body or by restraining her by placing
his hands on her shoulders.
5. The plllint iff bel ieves and therefore avers that she is
2
In immcdlate and present danger of abuse from the defcndant
should she remain In the homc without the defendant's exclusion
and that she Is In need of protection from such abuse.
6. The plaintiff desires thllt the defendant he prohibited
from having any direct or Indirect contact with the plaintiff
InclUding, but not limited to, telcphone Ilnd wrlttcn
communications, except for the limited purpose of facilitating
custody arrangements.
7. The plaintiff desires that thc defendant be cnjolned
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives, or the minor children.
8. The plaintiff desires that the defendant be restrained
from entering her place of employment.
9. 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.
B. EXCLUSIVE POSSESSION
to. The home from which the plaintiff Is asking the Court
to exclude the defendant is owned in the names of both the
plaintiff and the defendant.
II. The plaintiff currently has no placc to stllY with her
children except the murital home, and the defendant bas family
and fricnds in the arell with wbom he can stuy.
12. The pllllntiff desires possession of the home so as to
give the greatest degree of continuity to tbe lives of the
J
,
i
I
children and to allow them to continue their education at their
schools and to continue their school and social activities.
~~V.l'f.QRT
13. The defendant has a duty to support the plaintiff and
the minor children.
14. The plaintiff Is In need of financial support from the
defendant Including, but not limited to: health insurance
coverage, payment of unrelmbursed medical expenses for the
plaintiff and the children, and the mortgage payment on the
residence at 312 College tlill Road, Enola, Cumberland County,
Pennsylvania.
IS. The defendant is employed at Rogele. Inc., and has
annual salary of $ 35,000.
16. The plaintiff's income is Insufficient to provide for
her minimal needs and those of the children 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.
O. LOSSES AND REIMBURSEMENT fOR COST Of CASE
t8. The plaintiff asks that the defendant be ordered to pay
$250.00 to relmhurse one of Legal Services, Inc. 's funding
sources for the cost of litigating this case.
J;. Tf,folPORt\.RY CllS'LQDY
19. The plaintiff seeks temporary custody of tbe following
..
The defendant, the father of the children, currently resides
at 312 College Hili Road, Enola, Cumberland County, Pennsylvania.
He II> married.
The defendant currently resides with the following persons:
HAm!!
B9.iJlU.!!Mltll!
Linda A. Sgrlgnoll
Andrew J. Sgrlgnoll
Jake R. Sgrlgnoll
wi fe
son
son
20. The plaintiff hils not previously participated In Ilny
litigation concerning custody of the above mentioned children In
this or any other Court.
21. The plaintiff has no knowledge of any custody
proceedings concerning these children pending before a court In
this or any other jurisdiction.
22. The plaintiff docs not know of any person not a party
to this action who has physical custody of the children or claims
to have custody or vlsitlltion rights with respect to the
children.
23. The best Interests and permanent welfare of the minor
children will he met If custody is temporarily granted to the
plaintiff pending a hearing in this mlltter for reasons InclUding:
a. The plaintiff is a responslhle parent who can hest
take cllre of the minor children and has provided for
the emotional and physical needs of the children since
the i r b i r t hs .
(,
b. The defendllnt has shown by his ahuse of the
plaintiff that he is not an Ilpproprillte role model for
the minor children.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. U 6101 et. seg., as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporllry Order pursuant to the
"Protection from Abuse Act:"
I. Ordering the defendant to refrain from
abusing the plaintiff and placing her in fenr of
abuse,
2. ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
Including, but not I imlted to, telephone and
written communlclltions, except to facilitate
custody arrangements.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plllintiff's relatives and the minor
children.
4. Prohibiting the defendant from entering the
plaintiff's plllce of employment.
5. Prohihi t ing the defendllnt from removing,
dllmllging, destroying or selling property jointly
7
I
uwned by the parties or owned solely by the
plaint Iff.
6. Granting possession of the home located at
312 College Hill Road, Enola, cumberland County,
Pennsylvania, to the plaintiff to the exclusion of
the defendant pending a flnlll order In this
matter, except for the limited purpose of
transferring custody of the parties' children.
The defendant shall remain in his vehicle at all
times during the transfer of custody.
7. Grant lng temporllry custody of the minor
children to the pllllntlff.
B. Schedule a hearing in accordance with the provisions of
the .protectlon from Abuse Act,. and, after such hearing, enter
an order to be In effect for a period of one year:
I. Ordering the defendant to refrain from
abusing the plaintiff and 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, telepbone and
written communications, except to faei Iltate
custody arrangements.
3. Ordering the defendant to refrain from
hnrassing Ilntl stalking the plaintiff Ilnd from
8
hllrllsslnl! the plnintiff's relnt ives and the minor
chi Idren.
4. Prohlbi t ing the defendllnt from ~nterlng the
plaintiff's plnce of employment.
5. Prohihiting the defendant from removing,
dllmaglng, destroyinK or sel ling property jointly
owned by the pllrties or owned solely by the
plaintiff.
6. Granting possession of the home located at
312 College Hill Road, Enola, Cumberland County,
Pennsylvania, to the plaintiff to the exclusion of
the defendant, except for the limited purpose of
transferring custody of the parties' children.
The defendant shall remain in his vehicle at all
times during the transfer of custody.
7. Grnnting support to the plaintiff in an
appropriate IImount according to the support
guidelines (in the amount of $ 193.00 per week)
pllyahle to the plllintiff in the form of a check or
"mney order. mai led to her residence. and ordering
the defendant to provide helllth coverage to the
spouse nnd minor children. directing the defendnnt
to PIlY nl I of the unrelmbursed mediclll expenses of
the plllintiff IInd minor chi Idrea of the defendnnt
to the provider or to the plllintiff when she hns
'I
paid for the medical treatment and directing the
defendant to make or continue to make rent or
mortgage payments on the residence of the
plaintiff.
8. Ordering the defendant to pay $250.00 to
reimburse one of Legal Services, Inc. 's funding
sources for the cost of litigating this case.
The plaintiff further asks that this Petition be filed and
served without payment of fees and costs by the plaintiff,
pending a further order at the hearing, and that a certified copy
of this Petition and Order be delivered to the East Pennsboro
Police Department which has jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
24. The allegations of Count I above arc incorporated
herein as if fUlly set forth.
25. The best interest and permanent welfare of the minor
children will be served by confirming custody in the plaintiff as
set forth in paragraph 23 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S. U 5301 ~ seQ., and other
applicable rules and law, the plaintiff prays this Honorable
Court to award custody of the minor cbildren to her.
The pllllntiff prllYs for such other rei ief as mllY be just and
10
'\\
~\
... ..... ,
~; C'oc -..
~~:: .. :~~-:;)
-
- J,;,:;;
~t "-. !~~(~
'0 :' (/;
I ~~ :.:;:::
;1(Cl
" -' 'f\tL
' ,
:.;... ..,'
In :;L: :.)
Il- V,
U vI J
.... (j,'
t;; ':'-,
.t:~
>- i,.(
l~~'; C:': I ; .~
, ' .. ,
ne -.y
, '
~( 4'';. ~~
" ',1'1 :..1
IT r.
JJf.1... .~?
..;11.:. ;, .'"lin
tl.' " ~~: llL\-
i:.::
IJ. .0 ~)
0 c:' 0
Linda A. Sgrignoli,
plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-6072 CIVIL TERM
Brian M. sgrignoli,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
,~ PROTBCTION ORDBR
this/~day of November, 1996, upon
of the Consent Agreement of the parties, the
AND NOW,
consideration
following Order is entered:
1. The defendant, Brian M. Sgrignoli, is enjoined from
physically abusing the plaintiff, Linda A. sgrignoli, or from
placing her in fear of abuse.
2. The defendant is enjoined from having any dirsct or
indirect contact with the plaintiff including, but not limited
to, telephone and written communications, except for the limited
purpose of facilitating custody arrangements.
3. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives and her minor children.
4. The defendant is prohibited from entering the
plaintiff's place of employment.
5. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
6. The defendant is excluded from the plaintiff's
C' ,t....., I
"l', '
'J r i! :.~: ~:, ~l
F!.;.n-c~nc;::
(I: .., r I ,,.-01 .-"......../fd
CU:,.:, .i I
FCl~;'L.:'lt'II~': ~ i\
-J.._
residence located at 312 College Hill Road, Enola, Cumberland
county, Pennsylvania, and any other residence the plaintiff may
establish, except for the limited purpose of transferring custody
during which times the defendant shall remain in his vehicle.
7. Ths dsfendant is ordersd to pay interim support to the
plaintiff in the amount of $ 193.00 per week, payable to the
plaintiff in the form of a chsck or money order, by mail pending
the entry of an order by the Cumberland County Domestic Relations
Office. The defsndant shall make the first payment within ten
days of the entry of the Protection Order and each week
thereafter. The defendant is further ordered to provide health
coverage to the spouse and minor children, and to pay all of the
unreimbursed medical expenses of the plaintiff and minor children
to the provider or to the plaintiff if she has paid for the
medical treatment.
8. This Order shall remain in effect for a period of one
year or until modified or terminated by ths Court. The Order can
be extended beyond its original expiration date 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 defsndant 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 East pennsboro 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 a polics officer. In the event that an arrest is
made undsr 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 Pa.C.S. 5 6113).
Philip c. Briganti
Joan carey
Attorneys for Plaintiff
/.. c~luL
Brian M. sgrignoli 1~1~._4f
Pro Se II' ,
,,-
G
AND NOW,
consideration
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-6072 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
~CUBTODY ORDER
this ~16ay of November, 1996,
of the parties' Consent Agreement,
Linda A. sgrignoli,
plaintiff
v.
Brian H. Sgrignoli,
Defendant
upon
the following
Order is entered with regard to custody of the parties' children,
Andrew J. sgrignoli and Jake R. Sgrignoli.
1. The plaintiff, hereinafter referred to as the mother,
shall have primary physical and legal custody of the children.
2. The defendant, hereinafter referred to as the father,
shall have partial custody of the children, at times and places
agreed upon by the mother and father.
3. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
children are in that parent's care.
4. Neither party shall do anything which may estrange the
children from the other parent, or injure the opinion of the
children as to the other parent or which may hamper the free and
Geo
Judge
natural development ot the children's love or respect tor the
other parent.
By the court,
Philip c. Briganti
Joan Carey
Attorneys for Plaintiff,
~
Brian M. sgrignoli ~~.~~
Pro Se lV'\ JY
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-6072 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
Linda A. Sgrignoli,
Plaintiff
Brian M. Sgrignoli,
Defendant
CONSENT AGREEMENT
This Agreement is entered on this /~ day of November,
1996, by the plaintiff, Linda A. sgrignoli, and the defendant,
Brian M. Sgrignoli. The plaintiff is represented by Joan Carey
of LEGAL SERVICES, INC.; the defendant is unrepresented but is
aware of his right to have an attorney. The parties agree that
the following may be entered as an Order of Court.
1. The defendant, Brian M. sgrignoli, agrees to refrain
from abusing the plaintiff, Linda A. sgrignoli or 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, except for the limited
purpose of facilitating custody arrangements.
3. The defendant agrees not to harass and stalk the
plaintiff and not to harass the plaintiff's relatives and her
minor children.
4. The defendant agrees not to enter the plaintiff's placs
of employment.
5. The defendant agrees not to remove, damage, destroy, or
sell any property owned by the plaintiff or jointly owned by the
parties.
6. The defendant agrees to stay away from the plaintiff'S
residence loc~ted at 312 collsge Hill Road, Enola, cumberland
county, Pennsylvania and any othsr residence the plaintiff may
establish except for the limitsd purpose of transferring custody.
The defendant shall remain in his vehicle at all times during the
transfer of custody.
7. The defendant agrees to pay interim support to ths
plaintiff in the amount of $ 193.00 per week, payable to the
plaintiff in the form of a check or monsy order, by mail pending
the entry of an order by the Cumberland county Domestic Relations
Office. The defendant agrees to make the first payment within
ten days of the entry of the Protection Order and each week
thereafter. Ths defendant further. agrees to provide health
coverage to the spouse and minor children, and will pay all of
the unreimbursed medical expenses of the plaintiff and minor
children to the provider or to the plaintiff if she has paid for
the medical treatment.
B. The defendant, although entering into this Agreement,
does not admit the allegations made in the petition.
9. The defendant 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 ths defendant has committed another act of abuse
or has engaged in a pattern or practice that indicates continusd
risk of harm to the plaintiff. The defendant understands that
this order will be enforceable in the same manner as the Court's
prior Temporary protection Order entered in this case.
10. violation of the Protection Order may subject the
defendant to: i) arrest under 23 Fa.C.S. S6ll3; ii) a private
criminal complaint under 23 Pa.C.S. S6113.1; iii) a charg~ 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. S61l4.l.
11. The defendant and the plaintiff agree to the entry of
an Order providing for the following regarding custody of their
children, Andrew J. sgrignoli and Jake R. sgrignoli.
a. The mother shall have primary physical and legal
custody of the children.
b. The father shall have partial custody of the
children at times and places agreed upon by the mother
and father.
c. The mother and father agree that each shall notify
the other immediately of medical emergencies which
arise while ths children are in that parent's care.
d. The mother and father realizs that their
children's well being is paramount to any differences
... r-.
f-; I.';
~.~ S!l )~~
tll. . .'
" .
(,~;. -' ". . ~ l~
f'. u L:; I~
. -
~l: tn 'J
.... .~' :':;'
. Jl-..
r.-!I'l ...., iii]
\- ~.. !:-. . I::\..,
,.- -- .. j
L', '.n
U r.r. (J
SJH:n I I-'I"~; !/r:TIJrW . UUT OF C:UIIHTY
CAS~ NU: t~~h-~60~: r
CIJMMIJIlW,:^l.TII IW P~IlNSYLV^NIA:
CUIJNTY IW GUMHI.:nLAND
SlmmNIJI.[ I,[ND^ A.
VS.
SlJIl [NliNllI. [ I:lR [AN M
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: SGRlIjIlULI I:lRIAN M
but was unable to locate
deputized the 3heriff of
Ilim
in his bailiwick.
He therefore
DAUPHIN
County, Pennsylvania.
to servo t.he wi. thin PRIJTI':CTIUN 1,'nUM ABUS,:
Un ..December 9th,
the attached return from
1'J96
,
this office was in receipt of
County, Pennsylvania.
DAIII'IIIN
Shoriff'o Costs:
Dor::keting
Dut of County
fiurcharge
tH.11l0
9.00
2.00
SO OOS'tlE't:S I
/'),<' /
I~ ~.~~f~..:--:~/ . ",,:' .;"':
[:./ lhomaa ~11~e, ~her11t
~, ....~':}. fc:'}f2)
00/00/0(/)0(/)
Sworn and Sub'lc:rJ.bod to heforo me
this II, #- . oj"y of ~~~
19 c;c.. A. D.
C;;;;P1-<.. Q, )~{i...- $'i'
Prothonotary ,
.
.'
PROTECTION PROM ABUSB
SHERIFF'S
INFORMATION
CAli NuIII p~(ilrO\\
~. .
ft. ~\~ J'\o\"
Dofe t
No.CJI...- 1,07'- CIVIL TERM
Hearil1l Datel
at
...
Judp
in CourtrOOll No'_
tepI Services ataff contact (:V-3-9400) I
DEFENDANT'S SERVICE ADDRESS(ES)
Method of ServiCeI
LPeraonal only
Other:
~
\\O~__...~~~~'
"~~4
Phon~"'~ Shift:
IDCIl :
, .
, Phone:
. Otherl
, .',',. Phone:
~" ..,;11,', ,.'.~' ... {'l~""'" ,~,,'til: '":~;;'f(a'l,'rJ\l1.l1fl,''I&...r..,s'\'L~,'''''~<<~;~IJ''..lL.:S ,'.
X. . ,,' ," ,mm,' . - .. J.~""",,",,-- Wllo(. m'l; ....... ~.. \
.. . ' '.' ,.", '.'f","..~",.,""",'i\.n"":.'.!.!..,t.,,....~ ...,.., ..t"..~,.,...,~...
, t\L.......~ '." -"..g~'~.~ ~,::;.,..,.~.,",,,,,,, .
'~EeRI PTToN' OFDEF'ENDANT
~er: \l\l~e
Race: COl t"'~\DI""-
Heiaht :s I 10 Weiaht :....!r.D
Hair: b;'o~(\
..::..~o~ lo<.A.ild,
Eyes: bro~f1
Distinguishing features:
.
TERMS OF TEMPORARY PROTECTION ORDER
- ~_.~.
, ~"'l"W>" '''.'',n.',',..'w.,_.
.. .. ".""'~ .- -',.:. ...0- .,.;,.~,..".'.,..;......._. ,'_ .- ".- ','
BlcltisrDri tayAway.
4 TelllpOrary CUstody
~ Weapons Confiscation
SPECIAL INSTRUCTIONS:
. .
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, P~NNSYLVANIA
NO. 96-ttJ?,- CIVIL TERM
Linda A. Sgrlgnoll.
Plaintiff
Brian M. Sgrignoll,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
AND NOW, this
TEMPORARY
f.pi:JJ.
PROTECTION ORDER
day of November. 1996. upon
presentation and consideration of the within Petition, and upon
finding that the plaintiff, Linda A. Sgrignoli. now residing at
312 College Hill Road, Enola, Cumberland County, Pennsylvania, is
In immediate and present danger of abuse from the defendant,
Brian M. Sgrignoli. the following Temporary Order is entered.
The defendant, Brian M. Sgrignoli, (SSN: 178-62-7S48)(Date
of Birth:ll/21/6S) now residing at 312 College l1ill Road. Enola,
Cumberland County, Pennsylvania, is hereby enjoined from
physically abusing the plaintiff, Linda A. Sgrignoli, or placing
her in fear of abuse.
The defendant is excluded from tbe plaintiff's residence
located at 312 College Hill Road, Enola, Cumberland County,
Pennsylvania. a residence which is jointlY owned by the parties.
and any other residence the plaintiff may establish, except for
the limited purpose of transferring custody of the parties'
children. The defendant shall remain in his vehicle at all times
during the transfer of custody.
The defendant is ordered to refrain from having any direct
or indirect contact with the plllintiff including, but not limited
to, telephone and written communications, except for the limited
purpose of facilitating custody arrangements.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives, or the
minor chi Idren.
The defendant is enjoined from entering the plaintiff's
place of employment.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties
or owned solelY by the plaintiff.
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa.C.S. 96113; ii) a private criminal complaint
under 23 Pa.C.S. 66113.1; iii) n charge of indirect criminal
contempt under 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. 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 and can be extended beyond its original
expiration date 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.
Temporary custody of Andrew J. Sgrignoli and Jake R.
Sgrignoli is hereby awarded to the plaintiff, Linda A. Sgrignoli.
A hearing shall be held on this matter on the
/5f:!:. day 0 f
November. tCJ96. at
q '~.m.,
-?
in Courtroom No.,~ . cumberland
County courthouse, r~rllsle, Pennsylvanlll.
The plaintiff may procced without pre-payment of fecs
pending a further order after the hearing.
The cumberland County Sheriff's Depnrtmcnt shnll attempt to
make service at the 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 East pennsboro Police Department will be provided with a
certified copy of this Order by the plaintiff's attorney. This
Order shall 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 Ilrrest is made under this
section. the defendant shall be taken without unnecessary delay
before the court that issued the order. When that court Is
unavai lable, the defendant shall be taken before the appropriate
district justice. (23 PIl.C.S. Y 61131.
By the Court.
TRUE COpy FROM RECORD
In Testimony whereof, I here unto set my hand
~nd the seal of said Court at Carlisle, Pa,
';lIS (p~.l dafJO!l~IO'" , 191
l \ .'hA t' (j\ l'IV'lf'. Y\ , : i~r
Prothonotary
/1
C:;f;;'&'~ 2' JlnFr;;-L
Judge
Linda A. Sgrlgnoll,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. <J6-
CIVIL TERM
Drian M. sgrlgnoll,
Defendant
PROTECTION PROM ABUSE
AND CUSTODY
NOTICE
You have been sued In court. If you wish to defend against the
claims set forth In the fo1 lowing 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 fall 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.
FEES AND COSTS
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.
have a lawyer or cannot afford one, go to or telephone
forth below to find out where you can get legal help.
If you do not
the office set
COURT ADMINISTRATOR. 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 170tJ
TELEPHONE NUMBER: ( 7 17) 240-6200
AMERICANS WITII DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County Is reqUired by law
to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities Ilnd reusonable accommodations
available to dlHabled indivldullls buving business before the court,
please contact our office. All arrangements must be made Ilt least 72
hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
NO. 96-
CIVIL TERM
Linda A. Sgrlgnoll,
Plaint I ff
IN TilE COURT OF COMMON PLEAS Of
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Brian M. Sgrlgnoll,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
PETITION FOR PROTECTION ORDER
AN!) CUSTODY
RELIEf UNDER TilE PROTECTION FROM ABUSE
ACT, 23 Pa.C.S. U 6101 et seq.
A. ABUSE
l. The plaintiff. Linda A. Sgrignoli, is an adult
individual residing at 312 College Hill Road, Enola, Cumberland
County, Pennsylvania t7025.
2. The defendant, Brian M. Sgrignoli, (SSN: 178-62-
7548)(Date of Birth: 11/21/65). is an adult Individual residing
at 3t2 College Hill Road, Enola, Cumberland County, Pennsylvania.
17025.
3. The defendant is the plaintiff's husband.
4. Since approximately June 1986, the defendant has
attempted to cause and bas intentionally. knowingly, or
recklessly caused bodily injury to the plaintiff, has placed th.
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 under circumstances 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 October 21,. 1996. the defendant becamc
angry with the plaintiff, grubbcd her by the thront and
slummed her into the wal I. The defendant then grubbed
the plaintiff's wrists and pushed her to the ground.
When the plaintiff struggled free, the defendant
followed her, pushed her onto the bed, grabbed the back
of her neck. pushed his knee Into her back. and twisted
her hand behind her back. The plaintiff suffered pain
and soreness and sustained Injuries Including bruises
on her wrist, arms, and legs.
b. On or about September 22. 1996. the defendant
became angry with t.he plaintiff, picked her up from the
ground by her throat, and threw her Into a chair.
causing her pain.
c. During the course of their ten year marriage the
defendant has abused the plaintiff several times a
month in ways including the following: choking the
plaintiff. slamming her against walls. holding her In a
head lock whi Ie shouting abusive language at her.
drawing his fist back as If to hit her. and preventing
her from leaving 11 room during Iln argument by blocking
the door with his body or by restraining her hy placing
his hands on ber shoulders.
5. The plaintiff believes and therefore avers that she is
:1
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.
6. The plaintiff desires that the defendant be prohibited
from huving any direct or indirect contact with the plaintiff
Including, but not limited to. telephone and written
communications, except for the limited purpose of facilitating
custody arrangements.
7. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff. and from harassing the
plaintiff's relatives. or the minor children.
8. The plaintiff desires that the defendant be restrained
from entering her place of employment.
9. 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.
B. EXCLUSIVE POSSESSION
to. The home from which the plaintiff Is asking the Court
to exclude the defendant is owned in the names of both the
plaintiff and the defendant.
tl. The plaintiff currently hils no place to stay with her
children except the marital home, and the defendant has family
and friends in the area with whom he can stay.
12. The plllintiff desires possession of the home so as to
give the greatest degree of continuity to the lives of the
J
children and to allow them to continue their education at t~eir
schools and to continue their school and social activities.
C. SUPPORT
13. The defendant has a duty to support the plaintiff and
the minor children.
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 and the children, and the mortgage payment on the
residence at 312 College Hill Road. Enola, cumberland County,
Pennsylvania.
IS. The defendant is employed at Rogele, Inc., and has
annual salary of $ 35,000.
16. The plaintiff's income is insufficient to provide for
her minimal needs and those of the children 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.
O. LOSSES AND REIMBURSEMENT FOR COST OF CASE
18. The plaintiff asks that the defendant be ordered to pay
$250.00 to reimburse one of Legal Services. Inc.'s funding
sources for the cost of litigating this case.
E. TEMPORARY CUSTODY
19. The plaintiff seeks temporary cuslody of the following
4
b. The defendant has shown by his abuse of the
plaintiff that he Is not an appropriate role model for
the minor children.
WHEREFORE, pursuant to the provisions of the "Protcction
from Abuse Act" of October 7, 1976, 23 Pa.C.S. U 6101 .tl A.Jl.!l., as
amended, the plaintiff prays this Honorable Court to grant the
following rclief:
A. Orant a Tcmporary Order pursuant to the
"Protection from Abusc Act:"
I. Ordering the defendant to refrain from
abusing the plaintiff and 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, except to facilitate
custody arrangements.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives and the minor
children.
4. Prohibiting the defendnnt from entcrlng the
plaintiff's plnce of employment.
5. Prohibiting the defendant from removing,
,llIlIIaging, dest rllying or sell ing prllperlY Joint ly
7
"-,,,
owned by the parties or owned solely by the
plaint iff.
6. oranting po~session of the home located at
312 College Hill Road, Enola, cumberland County,
Pennsylvania, to the plaintiff to the exclusion of
the defendant pending a final order in this
matter, except for the limited purpose of
transferring custody of the parties' children.
The defendant shall remain in his vehicle at all
times during the transfer of custody.
7. Oranting temporary custody of the minor
chiidren to the plaintiff.
B. 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 and 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
wrlttcn cOlllmunications, except to facilitate
custody nrrangements.
3. ordering the defendant to refrain from
harassing and stalking the plaintiff and from
R
harassing the plaintiff's relatives and the minor
children.
4. Prohibiting the dcfendant from entering the
plaintiff's place of employment.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
6. Granting possession of the home located at
312 College Hill Road, Enola, Cumberland County,
Pennsylvania, to the plaintiff to the exclusion of
the defendant, except for the limited purpose of
transferring custody of the parties' children.
The defendant shall remain in his vehicle at all
times during the transfer of custody.
7. Granting support to the plaintiff in an
appropriate amount according to the support
guidelines (in the amount of $ 193.00 per week)
payable to the plaintiff in the form of a check or
money order, mailed to her residence, and ordering
the defendant to providc health c~verage to the
spouse nnd minor children. directing the defendant
to pay nl I of the unrelmbursed medical expenses of
the plaintiff and minor children of the defendant
to thc provider or to the plaintiff whcn she has
q
paid for the medical trcntment and directing the
defendant to make or continue to make rent or
mortgage payments on the residence of the
plaintiff.
8. ordering the defendant to pay $250.00 to
reimburse one of Legal Services. Inc.'s funding
sources for the cost of litigating this case.
The plaintiff further asks that this Petition be fiied and
served without payment of fees and costs by the plaintiff,
pending a further order at the hearing, and that a certified copy
of this Petition and Order be delivered to the East Pennsboro
Police Department which has jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
24. The allegations of Count I above are incorporated
herein as if fUlly set forth.
25. The best interest and permanent welfare of the minor
children will be served by confirming custody in the plaintiff ns
set forth in paragraph 23 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S. ~ 5301 ltl. seC!., and other
applicable rules and law, the plaintiff prays this Honorable
Court to awnrd custody of the minor children to her.
The plaintiff prays for such other relief as may be Just and
10
prope r .
Respectfully submitted.
for Plaintiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
II
,
. .~-
v::! ~
,. .. '1'
..
.. """
,.' f'.-
.1
.. .",
II'
i -
'"
I.. " I_'J
~t, ~ c....
~ ~