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HomeMy WebLinkAbout00-02054 " , ,~- , " '~C" ~'''''''''"~'''''.: APR 0 4 2000 tb Tina Elizabeth Marchesano, and on behalf of her minor children: Trinda Jean Eshelman Haily Marie Eshelman Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION- LAW : IN PROTECTION FROM ABUSE v. William Robert Marchesano, Defendant :NO. 00- 8C5q CIVIL TERM ~ ORDER AND NOW, this S"' day of April, 2000, the foregoing Agreement is approved and entered as an Order of Court, " f" '" !'~ " ,,", "~4 ~" ~ __",,~" ~.~ ,'"~ ,_=~ .",""~__,_,,",_ '.~~~" OF n :~i,-~)gj:!~J~~~m).qy OOM'R,..'i p/ r..rr " ,.) t:.. .)~ CUMBfCF-',' ."';\Ii) ""'U' J'T"Y t-. ~~ :...J '\1 H. 1......l.... 1\ rENNSYLVANIA ' "fI5Ioo~f~D~~ -b,\='. L, c:...o?l'~ --\G\.Jte.c\ '\ fvlo',(Jo cl 40 .p.S. {). 0,0, o~~ /' ~~y'{ .,. ,,",."" ,~. __~, , , """'"0'=',,,:, , ,_' '!:f"T " " ,~~.~~~1~~~~~!JI1l~ ~_ ;.. "U ._~ ,":~" ' " ' .,','H ~ ,", """'-',,,,.u.' ". : ,.~~ , ~',iIib1:"",,,,1 , Tina Elizabeth Marchesano, and on behalf of her minor children: Trinda Jean Eshelman Haily Marie Eshelman Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v : CIVIL ACTION-LAW : IN PROTECTION FROM ABUSE William Robert Marchesano, Defendant :NO, 00- CIVIL TERM CONSENT AGREEMENT AND FINAL ORDER This agreement is entered on this day of April, 2000, by plaintiff, Tina Elizabeth Marchesano, and the defendant, William Robert Marchesano. Without admitting the allegations of abuse, the defendant agrees that the Court shall enter an Order containing the following terms: I, Defendant shall not abuse, harass, stalk or threaten any of the above captioned plaintiffs in any place where they might be found, 2. Defendant is excluded and evicted from the residence at 1 South High Street in Newville, Pennsylvania or any other permanent or temporary residence where plaintiff may live. Plaintiff, who is the sole lessee, is granted exclusive possession of the above residence, Defendant has no right during the enforcement period of this Order to enter plaintiff's premises for any reason. 3, Defendant is prohibited from having any contact with plaintiffs or the above captioned children of plaintiff at plaintiffs' school, business or place of employment. 4. Defendant is not prohibited from communicating with Plaintiff or her above captioned children in a public place such as convenience store, restaurant or park. However, defendant must still abide by paragraph one of this Order while in contact with plaintiff and her children in a public place. 5. Defendant shall not contact the plaintiff or above captioned children by telephone or other means except for medical emergencies. If such an emergency arises, either plaintiff or defendant may contact each other regarding such matters, 6, Defendant may communicate with Plaintiff through defendant's mother. 7. The Carlisle Police Department and Newville Boro State Police shall be provided with a certified copy of this Order by plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs, by arrest for indirect criminal contempt without -.- , --" ,...i.;~>'C ,\~, -"~. ". 'c ,,~_ i warrant upon probable cause that this Order has been violated, whether or not this violation is committed in the presence of the police officer. If an arrest is made, the defendant shall be taken without unnecessary delay before the Court that issued the order, When the Court is unavailable, the defendant shall be taken before the appropriate district justice, (23 Pa C.S, S 6113). 8, The parties fully intend to be legally bound by the terms of this agreement and pray that a Protection Order be entered to reflect the above terms, The defendant has been advised of his right to a hearing, 9. BRADY INDICATOR: a) The plaintiff and defendant are married, Defendant is the step-father of both Trinda Jean Eshelman and Haily Marie Eshelman. b) This Order is being entered through a consent agreement. c) This Order restrains defendant from harassing, stalking or threatening the above captioned plaintiffs. d) Defendant represents a credible threat to the physical safety of the above captioned plaintiffs. e) The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the above captioned plaintiffs that would reasonably be expected to cause bodily injury, 10, THIS ORDER SUPERSEDES ANY PRIOR PF A ORDER. 1 L All provisions of this order shall expire on June 1, 2000, However, plaintiff may ask the Court, after notice and hearing, to extend the terms of the Order, pursuant to 23 Pa, C.S, S 6108(e), NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000,00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. S 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYL VANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U,S, TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S,c. SS 2261- 2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE , j';, M'" ' "' ~--, ii'",} f t THIS ORDER YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S,C, SS 2261 -2262, IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S,C. SS 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION, NOTICE TO LAW ENFORCEMENT OFFICIALS I' I, I , li I I I t: ;: I' fo I' I, 11 I~ I f l~ k I If fJ r The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 7 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C,S, S 6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further order ofthis court, When the defendant is placed under arrest for violation of the order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned, A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff, Plaintiff's presence and signature are not required to file the complaint. r~ !~ Ij 6 If '" :", Ii If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. ~~ Tina Eliza eth Marchesano, Plamtlff IA)jLAJt1iIa~ William Marchesano, Defendant ~1.fAU'; 17Yt.~~ Andrew J. Morrow Certified Legal Intern ~~~~ Donald Marritz, Staff Attorney Robert E. Rains, Supervising Attorney F AMIL Y LAW CLINIC Counsel for Plaintiffs ~c.' , ", "';""~:-'''"'1lJ!.ir ~'" ~, 'lIj1i1f" ~.'~ ~~~~~>';''i.-'-'''' ',1.-',,"''-' "--"&.-;;"~,,,,c, l '~",- ~,f,1J, ""f", '<""1~,~1 ""TC, .,."",,,,,"',, < ~. ,',". ~, " ~,,, ''i H _ ~ ,_ '" ~",__,__ .,. ~~ 'Mli"- ,. ~, " '""-' " ' " '~' o c -utE rnrn 2-:;:; 2t-- ~;:~, r:C,' ~C "7'C) )>C :z ~ \ C) C) 7'~ 'V :;;0 I .r~- Q c_ :-=.-:1 '.:':'ifD '.-.-;.Tl ::)'~J '::3~'~); ~~~S 3;n -I "> :n -< 'C1 ---:t~ ..-J~ :::> Cl ~, ,,-~ , J '.......~" ""~", APR 0 4 200r/$ Tina Elizabeth Marchesano ,and on behalf of her minor children: Trinda Jean Eshelman Haily Marie Eshelman, Plaintiffs IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION-LAW : IN PROTECTION FROM ABUSE William Robert Marchesano, Defendant : NO, 00 - aos1{.CIVIL TERM PETITION FOR PROTECTION FROM ABUSE I. Plaintiffs' names are: Tina Elizabeth Marchesano, Trinda Jean Eshelman and Haily Marie Eshelman 2. I am filing this Petition on behalf of [X] Myself and on behalf of my children [X]. If you checked "myself," please answer all questions referring to yourself as "Plaintiff," If you checked "another person," please answer all questions referring to that person as the "Plaintiff, and provide your address here, unless confidential: I South High Street, Newville, PA 17241 If you checked" Another Person," indicate your relationship with Plaintiff: [X]parent of minor Plaintiff(s) []applicant for appointment as guardian ad litem of minor Plaintiff(s) []adult household member with minor Plaintiff(s) []court appointed guardian of incompetent Plaintiff(s) 3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Tina Elizabeth Marchesano, Trinda Jean Eshelman, Haily Marie Eshelman 4. [] Plaintiffs address is confidential or [X] Plaintiffs address is: I South High Street, Newville, PA 17241 5. Defendant is believed to live at the following address: 152 North Pitt Street, Carlisle, PA 17013 Defendant's Social Security Number (if known) is: Defendant's date of birth is: July 23, 1972 Defendant's place of employment is: Carlisle Sentinel [] Check here if Defendant is 17 years old or younger. 6. Indicate the relationship between Plaintiff and Defendant. [X] Spouse [] Current/former sexuaVintimate partner [] Ex-spouse [] Parent/child [] Persons who live or have lived like spouses [] Other relationship by blood/marriage [] Parents of the same children 7, Have Plaintiff and Defendant been involved in any of the following court actions? [] Divorce [] Custody [] Support [] Protection From Abuse If you checked any of the above, briefly indicate when and where the case was filed and the court number if known: '~"'_.:m",,,,," 8. Has the Defendant been involved in any criminal court action? Yes If you answered Yes, is the Defendant currently on probation? No 9, Plaintiff is parent of the following minor child/ren (defendant is a step-father): Name Ages who reside at (list address unless confidential) Trinda Jean Eshelman 8 I South High Street, Newville, PA Haily Marie Eshelman 7 I South High Street, Newville, PA 10. If Plaintiff and Defendant are parents of any minor child/ren together, is there an existing court Order regarding their custody? If you answered Yes, describe the terms of the Order (e,g" primary, shared, legal and/or physical custody): If you answered Yes, in what county and state was the order issued? If you are now seeking an Order of child custody as part of this petition, list the following information: Child's Nanle Person(s) child lived with Address, unless confidential When (b) List any other persons who are known to have or claim a right to custody of each child listed above, Name Address Basis of Claim 11, The following other minor child/ren presently live with Plaintiff: Name(s) Age(s) Plaintiff's relationship to child/ren 12, The facts ofthe most recent incident of abuse are as follows: Approximate Date: 2/20-2/23/00 Approximate Time: Evenings Place: Plaintiffs residence Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking medical treatment sought, and/or calls to law enforcement: In January 2000, Tina, William, and the children moved into a new residence at 1 South High Street in Newville. Only Tina's name was on the lease, On Friday, February 18, 2000, Tina and her children demanded that William leave their residence, One of her children told Tina that she didn't want to live with "Billy" anymore because of his hitting them, As a result, William left the residence, Two days later, on Sunday evening, February 20,2000, at 7: 15PM, William came to visit the children. He then proceeded to say that he wanted to remain in Tina's residence. She told him to leave and he shouted "I'm gonna make your life miserable," As soon as he vacated the premises, William kicked in Tina's wooden door. As a result, the door was ruined and she needs a new door. Tina was scared, Her youngest child, Haily, cried after seeing William destroy the door and was scared, After doing this, William left the premises. Tina called the police and they came to the scene. The following evening around 6PM, William appeared at Tina's residence again, She did not let him in the house, He yelled at her again and repeated how he was going to make her life miserable, After about fifteen minutes, he left. Tina called the police and described to them what had occurred, The following morning, Tina had an appointment with Children and Youth Services in Carlisle, To her surprise, William was waiting for her at the entrance to the building, He started to yell at her again about money issues and his desire to return to her residence. "I'm not done. I have a right to be at your place, I have things to say to you." He also threatened her by saying "you will lose your kids by Friday." This '0, ;,~,,-, ',,': ">. .'" """"""'" " conversation went on for almost 15 minutes. William followed Tina up to the waiting room in the CYS building and Tina was forced to call a security guard to escort William outside, Tina's meeting lasted for thirty minutes and when she left the building, William was waiting for her. He said a few things to her again and then left. Finally on Wednesday evening, February 23, William came to the house again, Ibis was at 8:50PM. He knocked on the door and was in front of her residence for approximately ten minutes, All of these incidents described indicate a course of conduct by William which puts Tina and her children in fear of bodily injury, 13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor child/ren, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred: Starting in June, 1999, William put Tina in fear of her physical safety, In late June of that year, William, with his one open hand, violently hit Tina on her ear, This caused her ear drum to be swollen shut for two weeks, She had to go to the emergency room and receive medication. She was in pain for a week and had constant ringing in her ears for four days. William was picked up by the police and jailed for five days. He was charged with harassment. Ibis incident frightened her, She was very scared and angry at his violent behavior. She was afraid that her husband might do this to her again. . Approximately a dozen or so times since this June incident, William raised his hand as ifto strike Tina, He grabbed her arm at times and violently pulled her back. Tina and William were the victims of the downtown Carlisle fire in mid-December, 1999, They moved into a motel room temporarily, William started to take his anger out on the children, The children are not his, but are from a prior marriage of Tina's, William repeatedly struck the children on their arms, back and head areas. They often had red marks on their bodies from this behavior. At times, he used a fly swatter to hit the children. Almost always, William hit his children soon after arguing with Tina. InAugust, 1999, there was one incident in which William grabbed Trinda, one of Tina's children, by the neck. She cried to Tina and said she wanted to stay away from William. Because of these incidents starting in June, 1999, and William's violent and stalking behavior, per 23 Pa C.S. S 6l02(a)(5), there has been a course of violent and stalking conduct by William Marchesano which has caused Tina and her children to fear bodily injury. 14, List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child/ren: 15, Identify the police department or law enforcement agency in the area in which Plaintifflives that should be provided with a copy of the protection order: The Carlisle Police Department and The Newville Borough Police 16, There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [X] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 1 South High Street, Newville, P A 17241 [] owned by (list owners, ifknown): [X]rented by (list all names, ifknown):Tina Elizabeth Marchesano [] Defendant owes a duty of support to Plaintiff and/or the minor children. [] Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: " i "'"'~t..:idoIl~,,-,",: .' ! FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING (CHECK ALL FORMS OF RELIEF REQUESTED): [X] A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/of minor child/ren in any place where Plaintiff may be found, [X] B. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [] C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing, [] D, Award Plaintifftemporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: [] E. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody and or visitation with the minor child/ren, [] F. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this Petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. [] G. Order the Defendant to temporarily turn over weapons to the Sheriff for this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. [] H, Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical support and [] payment of the rent or mortgage on the residence, [] I. Direct Defendant to pay Plaintiff for the reasonable fmanciallosses suffered as the result of the abuse, to be determined at the hearing, [X] J, Order Defendant to pay the costs of this action, including filing and service fees. [] K. Order Defendant to pay Plaintiff's reasonable attorney's fees, [] L. Order the following additional relief, not listed above: [X} M, Grant such relief as the court deems appropriate. [X] N. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. ~ ~ >m~~ Andrew . Morrow Certified Legal Intern ,;- ~, v' ': iiii if:1 ii" "J ~ : ':i j!,; . :ii i'l '!1 }i III ~j[~ THOMAS M, PLACE ROBERT E, RAINS Supervising Attorneys DONALD MARRITZ Staff Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 d' ,~, , ,'; I~ t, it! :, iJ ? ,-] !',I ~I VERIFICATION t'i E! f; "I r1 l'i '" m (;1 l'i liJ I;i [1 t! f.'! ij ~i Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S S 4904, I verify that I am the Plaintiff in the present action, and that the facts and statements contained in the above Petition are true and correct, to the best of my knowledge, information and belief, ~ r '-tVlt)j~.c~t211O Tina Elizabeth Marchesano &: ~; 1:: " \:i ~i 'i ,~: j /j() I D{) Date [, :i [j ~ ~i ~! ,'J RJ i:! ~"'"';~ ~, []W"~~~"~'~';'<I'""""';"'!ilII!DIIII_IliIM~~~ ~. ",'~' "~"~~,'~~ ..-. ,",,",' - ,'~ ,C'"'''''''", , -"'''''"'~"~~''''"~"II .-i.".,,' .",:,,*,",'''6'';; """.;..;,;,~ '",,'" ," 0 .J' '"' ", . 0 e,1 ,~ C C) ,~~~ ""'! ?; J:l'"' t-\ m~+~ '.'0 ':''I~ ;-;:J Z:;,; ",;,1 ~~;~ I " ,~(--, -r") ~y ~C: ,() "T] ~)~ -~{ -b p :z:0 -"~ ~"~0 ,,-0 om Pc ~ 2:: ,-, -! ::) ?O -< 0 (p ~ -< U'\ g r ~ -.. - ~ "" ' 0' ,~'"' .""', SHERIFF'S RETURN - REGULAR CASE NO: 2000-02054 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARCHESANO TINA ELIZABETH VS MARCHESANO WILLIAM ROBERT CPL, TIMOTY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within ORDER OF COURT, PFA PETIT was served upon MARCHESANO WILLIAM ROBERT the DEFENDANT , at 0020:40 HOURS, on the 5th day of April , 2000 at 152 N. PITT ST CARLISLE, PA 17013 by handing to WILLIAM R. MARCHESANO a true and attested copy of ORDER OF COURT, PFA PETIT together with CONSENT AGREEMENT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3,10 .00 10.00 .00 31,10 ~~, R. Thomas Kline 04/06/2000 me this I~ ~ day of Sworn and Subscribed to before By: ~ c2/nfO A,D, Y"ft'o &. ~U,4f Prothonotary