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Home My WebLink About97-03453 ~ ~ I) '1 ......... ~ / ./ / , ....... . .:\ ") : ~; . ~, ~I ~. , ~ ro*~**'~*******~'******)*'*~~*****~~ .., ',-~....----,--'-----.............-- --....-... ~"... -....~,.'....-..'- '.......... '....~ - -~...-........-..~... -"-~""'--'''' .. ~',.,..._,,~, ..._~-'.........- ...'-'..-,.... ~~-.._...'~... -'-"" ""-....-....----,~-,-~-------..------, '. ~i . ~ ^I . ~\ ~ .,,1 ~, ~. IN THE COURT OF COMMON PLEAS ~ OF CUMBERLAND COUNTY I':\" STATE OF ~~~ PENNA. ~ ~ ~ ~ ~ ~ ~ PAUL E. WILSON, i\: II, 97-3453 II) Plaintiff :.., ~I ~I :1 , ~I ~I \.(.!..-:u,..; BARBARA A. WILSON, Defendant ~ ~ DECREE IN DIVORCE AND NOW. ,t>.J~ ~(.) " 'l.. -. ~ , , . " 1997"", it is ordered and ... * PAUL E. WILSON decreed that and"""" , . , , , " , , , " plaintiff, , , , , , " defendant, ~, BARBARA A. \'/ILSON ~ ~ ~i '''I ~ ~ are divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which have been raised of record in fhis action for which a final order has not yet been entered; :! ~ ~ ~ ~ ~\ ~l ~I liJ' " ~ :;' '~..~.~..~,,~.~..~,.~.~,~,~,:~~:~.:.;.~:-~:~~:~: None. II, TJ". JL'd ott _!. AliI"',: ~~'1),''r.'IU'< I"~~'{' ;~'''''~J .I, ""<-7;"'11/" )"/ .bu', A/? v Pl'llthllllol.l.rv * ~ ~ * * * * * * * ~ $ s ~ (. * s ~ ',' /* If.' I~ I: i~ I.:, l~ ~ I~ ~ .'~ , , '~ '~ ~ ~ ~ :~ :~ ~ :~ ~ .. :.: :.: :... :~: -:.: ,:t: .;.: '.t: :.: .;.: :~ /tJ.(),;J .<;7 ar!. d7i1/:,;d!/ t. .;l4o/d....-t:, Jt!r)(} 9) 71tJ1Z:, J:;/.<-f!/"i> 1/1. PAUL E. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i! i: Ii vs. " :' I, " :! BARBARA A, WILSON, i Defendant " " CIVIL ACTION - LAW NO. 97-3453 CIVIL TERM IN DIVORCE : ~ " PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record. together with the following information. to the Court for entry of a divorce decree: .. 1. GrDund for Divorce: Irretrievable breakdown under Section 3301 (0). 2. Date and manner of service of the Complaint: AoceDtance of Service indioatino service on or about 10 Julv 1997 IAcceDtance filed on 22 Julv 19971. 3. Complete either Paragraph (a) or (bl: (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by Plaintiff: 1 0 October 1997 by Defendant: 10 October 1997 (b) (1) Date of execution of the Affidavit required by Section 3301 (dl of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the RespDndent: 4. Related claims pending: None 5. Complete either (a) or (bl: (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record. a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was 'iled with the Prothonotary: Dated 10 October 1997, filed contemooraneouslv herewith. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: dated 10 October 1997. filed contemDoraneouslv herewith. Date: IL 0 <.'\-'"'0,,, \<;'1" ~~ By _~l'..,..; . \ Samuel L. Andes Attorney for Plaintiff - i'. , till , '. \8 '" lr. , " , I" ; ~ "- n, ..... .'" ,.., .",) ~ , ,I c' I.' -,j ;~ ~ ,., " ... ". ." "J (" ... -tf ~ e,'l:; ... M ~ III " 6 " !:: "l " Q ~ = < < " ;..: .. " ~ -< l- E ~ " < ~ ::; ....l " x >- >- " '" ~ 0 '" ..l " " " >. "l a: d " :..J ~ ~ ~ ~ ~ = ~. I- 0 .r 0( < z " rn " " >- " e -, '" .. . ' PAUL E. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 97- :i Y ,'.J CIVIL TERM BARBARA A. WILSON, Defendant IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This nDtice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. , PAUL E. WILSON, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) V5. ) CIVIL ACTION - LAW ) BARBARA A. WILSON, ) NO. 97-3453 CIVIL TERM Defendant ) IN DIVORCE ACCEPTANCE OF SERVICE I hereby acknowledge receipt of a certified copy of the Complaint in Divorce filed in this action. ... (~_~'-~'-Y \ 0 I ICY\ "\ Da ' J') ,-, \ \'" \ ~::J..(\.)\......\I \- (.l_r-... (~ \,.1... . ,---,--_~l,.._). ,~'" y~, Barbara A. Wilson >;: l[l .-. l..'._ II:' .. j:::.: fh - , ~ u,R '.?;, ( )-.- , I ~:,: w::-. 0.. . ~_ J "-I' 0" . (..., 6" ~>< lLlI' '" .Z E~:. -.I .'.'J ::.1 ;.:~ :..L r:: -, ,'- lL. r- .-. 0 0"\ G p PAUL E, WILSON. ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, ) PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 97-3453 CIVIL TERM BARBARA A. WILSON, ) Defendant ) IN DIVORCE AFFIDA VIT OF CONSENT (, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 27. 1997 and was served upon the Defendant on or about July 10, 1997, 2, The marriBge of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint Bnd the date of service of the complaint on the Defendant, 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upDn filing of my Waiver of the Notice of Intention to Request Entry of the Decree, . 4, I have been advised of the availability of marriage counseling and understand that the Court " maintains a list of marriage counselors and that I may request the Court to require my spouse and Ito participate in counseling and. being so advised. do not request that the Court require that my spouse and I participat~ in counseling prior to the divorce becoming final. I verity that the statements made in this Affidavit are true and correct and I understand that false sfatements herein are made subject to the penalties of 18 PA. C.S, Section 4904 relating to unsworn falsification to authorities, 10 October 1997 DATE - L" / !i,,/~ {, ,i),'I/ PAUL E, WILSON PAUL E. WILSON, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY. ) PENNSYLVANIA ) vs, ) CIVIL ACTION - LAW ) ) NO, 97-3453 CIVIL TERM BARBARA A, WILSON. ) Defendant ) IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 'I i I. I consent to the entry of a final decree in divorce without notice, 2, I understand that I may lose rights concerning alimony. division of property, lawyer's fees. or expenses if! do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this Affidavit are true and correct, I understand that false statements herein are made subject to the penalties of] 8 P A, C.S, Se,ction 4904 relating to unsworn falsification to authorities, tl,. 10 October 1997 Dated: ,'} - /-.- / 'it '. ""'J) I Ie 11, "".- . I J . ( 0- ),. .- PAUL E, WILSON (._- ( . . <- r- C., ~. , , ~:~ i,__ '-. PAUL E, WILSON, ) IN THE COURT OF COMMON Plaintilf ) PLEAS or CUMBERLAND COUNTY, ) PENNSYLVANIA ) vs, ) CIVIL ACTION - LAW ) ) NO, 97-3453 CIVIL TERM BARBARA A. WILSON. ) Defendant ) IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330llc) OF THE DIVORCE CODE I. I consent to the entry of a final decree in divorce without notice, 2, I understand that I may lose rights concerning alimony. division of property. lawyer's fees, or expenses if I do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I veritY that the statements made in this Affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 PA, CS, Section 4904 relating to unsworn falsification to authorities, '10',; 10 October 1997 Dated: ':f\ () "" Q ~<, l--.. c__ CJ-.. ~ J.. 'j " 9 .~--, BARBARA A WILSON , , " ~f ~ il,', ~ ~{i. ~.~ .... 8, .1_/ .. ... ~. - -~-', 1f~~~T.J,_"'~.' .""-, - - ".. - _ ",~...'~D - ...'.;; . ..- .. .r'1'$u ":~-~, . ~P. ~ .., ~ , '%i, ~~;,~.. ~) to'. ~:"-' -<,'C>' s;> .:.."'." ; , t--- ~; ~: tuken without unneccssury dcluy before the court thut issucd the order. When the court is unuvui)uble. the defendant shull be tuken before the appropriate district justice. (23 Pu.C.S. Section 6113). Pending further proceedings, primary legu) und physical custody of the child of the partics is awardcd to the pluintiff. David A. Daric. Esquire For the Plaintiff DY TIlE COURT. ~YH;,,,f J / ,uaJ,t..~ ma;l'lcL 'lIp);? Ii,? Jumes M. Duch. Esquire For the Dcfendunt :r)m U) .,; w .... . 0.>- w E-o 0 U) zz .... ::> 0::>.,; .... .... ;,: 3:m .... .,; ",.,;.,; , ;':OH " ;':UZ H", C).., W.... Ii! ;:: 0 :c'" ~ I~ UO.,; >-c Zo ...., .... :!: - .. Z> W.., ","' ....0'" ~ x ~ "'.,;.... HC 0"0 HH", , , 0....>- '" > C)C >E-o ~ ~ ;. ",U) .,;.... WaJ H Uz U - ~ E-oWZ ;,: '" ",'" U ";0 C2 ",mZ .... C)aJ - 1 , .,;0. H s ;;; , ::>;,:W 0 r- ....E-o .. 0::>0. Z U) '" HU '. - r ;; UU H W ",>W ...., - E-o ;,: .... HE-o C2 - 1: w'" .,; Uo :c :CO ..., '" C < E-o a. Z H TINA MARIE HILL, Plaintiff IN THE CXlURT OF CXM1JN PLEAS OF CUMBERLAND CXXlNTY, PENNSYLVANIA v. 97- CIVIL TERM JAMES GREroRY GAUD, Defendant CIVIL ACTION-LIIW PROI'ECTION FRCM ABUSE AND NCW, this TEMPORARY PRO~u:~'!1IE OIIDER :l.'1I~ clay of ~\lMc. ,l997,at i6'~~- A.M. ~, upon presentation and consideration of the within Petition, and upon finding that the Plaintiff, Tina Marie Hill, is in immediate and present danger of abuse from the Defendant, James Gregory Gallo, the following Temporary Order is entered. The Defendant, James Gregory Gallo, is hereby enjoined from abusing the Plaintiff, Tina Marie Hill, or placing her in fear of abuse. The Defendant is ordered to refrain from having any direct or indirect contact with the said Plaintiff including, but not limited to, restraining the Defendant from entering said Plaintiff's residence or place of work and from harassing the Plaintiff, The Defendant is enjoined from harassing and stalking the Plaintiff and from harassing the Plaintiff's relatives. The Defendant is enjoined from raroving, daIraging, destroying or selling any property owned jointly by the parties or owned solely by the Plaintiff. This Order shall remain in effect until a final order is entered in this case. p... h~~i nf) ~h::llll 00 ReId SR thi~ matLe.L Ul;^-'U LL<: C6tlrt I S receivin9 Mt-;,...~ +-bat the- J)p.foI=H:iant ho.!> OO(!;U lU<.:aLcd.r .~ ,-. ,. e-: li", ;'~: , , (. ., " " , ,. ;, , " l,) rOo !." (. l.,I' , . " l\_ , ,- , - " ,-. :-:-1 L. I Ci~ U U) -_._, ,0: '" '"'" 0. - W >< a U) Z8 '"'" ~::J aZ '"'" '"'" :O-:or(m , ~~,o: '"'" ,0: ~ro1', "" ~aH H..... C!l", iii , :>! ;: aUz e-.~:;-: ..... - :1:..... ><c J:: ~ uo,o: 'a " > "'.... ~nl ....la~ :i. 7 ~ ",Z,"", H'" a'O HH", >: ~ a,o:>< ~c > C!l C >8 u .. r '""'u) ,0:'... ",OJ HU;--: 12 , 8~Z ~'" ~..... uo1',ci ;ii 1 , o:"'z -l t:l OJ H 7 t ~C!l", ,0:0. 0 ~....lf-o a~o. cr>Hu r ~ Z U) ..... - U~ H '" 0\ ;: Il~ 12 - Z U 8 ~ ~ U [-4 :c "'", ,0: a <:, ;r; :1: a ,.., ,>: 8 0. Z H '- . ~ . '- r-' '- r..- l:. l:~ , , , c. ~. : , , c , (~.~ ; : -. ( " ,. " L L_ .. ! - ;-; , t.; C () TINA MARIE HILL, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 97-3459 CIVIL TERM CIVIL ACTION - LAW JAMES GREGORY GALLO, Defendant PROTECTION FROM ABUSE IN RE: TESTIMONY OF TINA MARIE HILL Proceedings held before the Honorable KEVIN A. HESS, J., cumberland County courthouse, Carlisle, pennsylvania, on Monday, July 7, 1997, in Courtroom Number Four. APpEARANCES: DAVID A. BARIC, Esquire For the plaintiff JAMES M. BACH, ESquire For the Defendant " INDEX TO WITNESSES FOR THE PLAINTIFF Tina Marie Hill DIRECT 3 CROSS 14 2 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 Whereupon, TINA MARIE HILL having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. BARIC: a Would you give us your name, please? A Tina Marie Hill. a Tina, where do you live? A 7773 Carlisle Pike, lot number 147. a Is that a mobile home? A Um-hum. a And how long have you resided there? A I think this is four months this month. a Until the events of the last week or two, who reeided at that mobile home? A James Gallo, Sr., and Jamee Gallo, Jr., and my daughter Carrie King, and myself. a And your daughter Carrie King, how old is she presently? A a A Q A a Eleven months. And are you the natural mother of Carrie? Yes, I am. And who is the natural father? James Gallo. Since Carrie's birth who's been primarily 3 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 responsible for her care giving? I have. Did your name appear on the lot lease for the A Q residence? A Q A Q mobile home? A Q mobile home? A Q A Q rent? A Q A Q Yes, it has. Did it a few weeks ago? Yes. It always has. Does your name appear on the title to the No, not right now. Do you know who holds the title to that Yeah, Mildred Gallo. And is she any relationship to the defendant? An aunt by marriage. yeah. What are the monthly paymente for the lot Right now since everyone moved out it's 244. Is the monthly obligation? Yeah. Are there payments that are being made to this aunt for the trailer? A 217. Q And when do they fall due? A The 15th. 4 A Q A Q A Q A Q A since October. Q '-" 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 o So did you become aware of what he was bringing home on a weekly basis? A Yes, I did. o Can you provide to the Court an average weekly gross that Mr. Gallo has received Hince I believe October? A Between eight and a thousand dollars a week. o Eight dollars or eight hundred dollars? A Eight hundred to a thousand dollars a week, average. o A o 22nd, 1997. June? Do you know what his hourly wage has been? Fourteen an hour. Now, I'm directing your attention to June Can you describe what occurred on the 22nd of A Yes. We got up, and there was an argument the night before, so ... o Who was the argument between? A Jim and I. o All right. A And he had been sleeping on the chair in the living room, and I guess he woke up with a beer in his lap, and then just proceeded to the refrigerator to start drinking again that morning. o Well, did you actually see him drink that 6 1 morning? 2 A Well, yeah. 3 Q Okay. What happened after that? 4 A Well, he just started calling me names and 5 telling me that he didn't want anything to do with me and 6 how bad I am, which is nothing unusual. I mean that's 7 always. And I tried not to argue with him because I 8 couldn't reason with him at all. 9 Q Did there come a time when he left the 10 residence then that morning? 11 A Well, he said he was going to go. He grabbed 12 the bill money, which wae like eight hundred and something 13 dollars, and he said he was going to the bar. So I took the 14 baby out to the truck, and the car Beat wae in there, and I 15 Baid -- I Bet the baby in the car Beat, and at that point he 16 hadn't had that much to drink yet. 17 And I Baid, well, I gueBB you might have to 18 find a babY-Bitter if you want to go to the bar, and I 19 walked back in the trailer. Well, then I got to thinking 20 about it, which only took a couple BecondB, and I ran back 21 out. I Baid, better yet I'll ride along with you Bince you 22 Bay you're JUBt getting two eix packB and coming right out. 23 Q And where did you go? 24 A Well, I didn't have no BhoeB on or anything 25 so we went over to -- he went to Appalachian Trail Inn, and 7 1 Carrie and I eat out in the truck. 2 Q Is there a drinking establishment at the 3 Appalachian Trail Inn? 4 A Yes. There's I guess a bar in there. A 5 little bar or something. And so I sat there in the truck 6 and waited and waited, and it was like a hundred degrees 7 outside. So I just grabbed the baby, and I went in after 8 him. 9 Q How long did you wait? 10 A Probably about twenty-five minutes to a half 11 hour, something like that. 12 Q Okay. You went inside. Wllat happened next? 13 A Well, I went inside, and he was just sitting 14 there in the air conditioning drinking a beer. 15 Q Wllat time of day was this? 16 A Probably between 11 and 12, maybe. 17 Q Wllat happened next? 18 A And he aeked me, do you want a beer. And I 19 was hot. I eaid, well, I guess, you know, and I had a beer. 20 And he sat there and then he started like being nice, you 21 know, being okay. He was holding the baby, and she was 22 playing with straws, and, you know. he proceeded to drink. 23 Then a few people came in. and I had eeen someone that I 24 knew. It was just a little place. And I said hi to them, 25 and right away he was all bent out of shape about it. 8 1 Q What happened next? 2 A Well, let's see. I went to the bathroom a 3 few times, and the one time I went to the bathroom he 4 accused me of going there meeting someone, and I mean I just 5 went to the bathroom. It's right there in the lobby. And 6 then we were leaving. I said, it's time to go, because of 7 the baby, and we headed out to the truck, and he started 8 getting really nasty with me. I knew what he was going to 9 do. And I ran back in, but no sooner I ran back in, I 10 thought, oh, my gosh. He's got the baby. 11 Q The baby was in the car seat? 12 A Yeah. 13 Q Okay. 14 A And I ran back out, but he had already left 15 and left me there. So the people in the lobby heard me 16 making the phone calls. I mean it wae kind of a ecene. 17 Q Who were you trying to call? 18 A The house to tell him to come back and set 19 me. I mean it's a good hike to walk there. I had no ehoes. 20 It was hot out. and. well. he wouldn't come. I kept getting 21 hung up on. So the lobby people heard me, and they gave me 22 a ride in the shuttle van that they use for the people that 23 stay at the motel. 24 Q Did it take you back to the residence then? 25 A Yeah, in front of the park. They didn't go 9 -----. 1 all the way back to the trailer, no. 2 Q All right. Did you eee Mr. Gallo again? 3 A Yeah. He was sitting on the porch. Him, his 4 son, and his son's girlfriend. He was sitting there 5 drinking a beer. He had the baby in her swing. 6 Q All right. And what happened? 7 A Well, as soon as I walked up it was like, who 8 were you with, and how did you get here, and I was telling 9 him I got a ride from the shuttle van. I said, why did you 10 leave me? And then from there everything just happened so 11 fast, boom, boom. I'm on the ground. 12 Q How did you get on the ground? 13 A By him. 14 Q What did he do epecifically? 15 A I know he grabbed me by my arm. and I fell 16 over or he pushed me. I'm not quite sure because it just 17 happened so fast. 18 Q Are you sure it wae his action and not your 19 own? 20 21 22 23 24 2S A Yes, it was his actions. Q All right. Did he do anything else to you? A Well, he was hitting me, kicking me, had grabbed me by the neck at one point. Q Where ie this all taking place? A Right out in the front porch. 10 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 lB 19 20 21 22 23 24 25 Q All right. A And then I ran in the house, and I was on the couch, and he was still outside, and I hit 911 and then hung the phone up, but I knew they would know the address. Q Where did he hit you? A In my face, my back, my arms. my legs, everywhere. Q Where did he grab you? A He grabbed me by my hair. A lot of it was pulled out of the back. So he grabbed me by my hair. He grabbed me by the neck. (Whereupon, Plaintiff's Exhibits 1 - 4 were marked for identification.) BY MR. BARIC: Q Tina, if you'll take a look at these four photographs, which have been marked for identification ae Plaintiff's Exhibits 1 through 4. Do you recognize the person in the photographs? A Yeah, that's me. Q Do you remember when these photographs were taken? A The following day at Domestic Violence. Q Do these photographs indicate any injuries to your person? A Yes. 11 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 o Could you describe them generally? A Well, the first one here, it doesn't really show how it had been prior to that. o That's number 4? A Number 4. o All right. What's that pen indicating? A The pen is attempting to indicate where my right cheek was two to three inches out. o Was that the result of any action of the defendant? A Yes. That's by a hit. o Okay. A What about photograph number 3? A Well, that's the bruisee to my back, lower back, everywhere. o A o A my left arm but a bruise. Gallo? And photograph number 2? Is my arm all bruised, the whole arm. And photograph number l? That's the front part, and now down here on or my right arm, thie whole wriet was nothing o Was that the result of any action of Mr. A Yes. o Had he grabbed you there? Do you recall? 12 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 A Oh, yes. He was grabbing me and throwing me. Q Do these photographs accurately depict your condition the day after the assault? A Actually it got worse. Truthfully my left shoulder blade still is injured, and thie has been two weeks ago. Q But as of this day? A It still hurts. Q Do these fairly and accurately show the extent of your injuries? A Yes. Q From that day. MR. BARIC: I would move for admiesion of Exhibits 1 through 4. THE COURT: You've had a chance to see these, Mr. Bach? MR. BACH: Yes, I have, Your Honor. (Whereupon, Plaintiff's Exhibits 1 - 4 were admitted.) BY MR. BARIC: Q Mies Hill, looking at the photograpt.s, having those to refresh your recollection, were any of those injuries or bruises self inflicted? A No. Q Did you have any of those bruises or injuries 13 1 prior to the events of June 22nd, 1997? 2 A No. 3 Q Miss Hill, you heard me indicate to the Court 4 prior to your testimony that you were requesting custody of 5 Carrie. Why do you believe the primary custody of Carrie 6 should be awarded to you? 7 A Well, because I've been the only one that's 8 always been with her. Her and I are, you know, close. I 9 mean, she don't even like to stay home when her dad was 10 there. She didn't like to even stay with him any length of 11 time because I've been the primary care giver, completely. 12 Q Do you presently believe that Mr. Gallo poses 13 any risk to you? 14 A I think eo. 15 MR. BARIC: I have nothing further at this 16 time. 17 CROSS EXAMINATION 18 BY MR. BACH: 19 Q Good afternoon, Miss Hill. My name is James 20 M. Bach. I represent James Gregory Gallo, the defendant in 21 this petition for Protection From Abuse that you filed 22 against him. You had threatened him on numerous occasions 23 in the past to file a PFA, had you not? 24 A No, sir, I had not. I wae supposed to file a 25 PFA in Mt. Holly Springe, and I was told to do so by a 14 1 police officer. I didn't threaten him. Ae a matter of 2 fact, I didn't do it because I was afraid of the 3 retaliation. 4 Q Didn't you tell him that you were going to 5 get this mobile home and have him kicked out through a PFA? 6 No, sir, I did not. No, I never said nothing A 7 like that. 8 For the record, you are not married to Mr. Q 9 Gallo, are you? 10 A No. 11 Q And the mobile home that you live in with Mr. 12 Gallo is owned by Mr. Gallo exclusively; isn't that correct? 13 14 No, sir. A Q Is your name on the title to the mobile home? ~ 15 Mobile home only, not lot. 16 17 18 19 20 21 Neither is his. All right. But isn't it true that Mr. Gallo A Q is in the process of buying the mobile home under a sales agreement or otherwise from his aunt? A No. He just called her and told her he wae not buying it no more, and he just took hie name off the 22 lease. I just paid the lot rent today and found that out. 23 Let the record get cleared up on this. Are Q 24 you telling the Court that you own this mobile home now? 25 A He told me to take it over, yes. 15 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 " Q When was this convereation? A It was between Mildred and I probably beginning two to three days -- no, maybe not even two to three days. Probably about four to five days after he had taken off and was eluding the police. Q Is this in recent history you're talking about? A Oh, yes. Yee. Ae a matter of fact, I just spoke to Mildred today. Q Okay. So prior to today this property was owned by Mr. Gallo, and you're suggesting that __ A No, sir, it's not -- Mildred Gallo is the title holder. Q Yes. A Okay. There's only been three payments made on that mobile home. Q And the queetion is who is making those payments? A I am now. Q Well, did you make any payments yet? A No, I have not yet. Q The prior payments, the prior three or four months that you lived there, those payments were made A Three months. Q -- with Mr. Gallo's aunt on an agreement to 16 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 her, isn't that right, by him? A Well, not only by him. I guess, you know, it was kind of a together thing. Q What I'm trying to euggeet, and I think the record will bare this out, is that you don't own this mobile home? A No, not right now I don't, no. Q All right. You have some hope of getting it in the future; is that right? A You're-- Q You hope you get it in the future, don't you? A Well, yeah, I guees. If I take over the payments I guess then I will, yeah. Q Now, ma'am, you went to the Appalachian Trail, and you took your child, an 11 month old baby, with you; isn't that correct? A Yeah. Jim was driving. Q And when you went in there what did you start to drink? A What did I start to drink? I drank a draft beer. Q Do you recall drinking any Seagrams and Seven or Seagrams and Coke? A Nope. Q You deny you had any shots? 17 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 -~~...... A I know Jim did. o Yeah. I'm asking you if you deny under oath that you had shots? A No, I didn't have any ehots. o Okay. Did you have anything other than beer? A No. o Apparently it came to a point in the afternoon where he did leave; is that right? A We were leaving, yes. o Well, apparently he went and he took the child and went home, and you stayed behind; isn't that correct? A I got left behind. o All right. What time was that? A Oh, approximately -- we weren't there very long. So I would say it was close to one, maybe, something like that. o And then, as I understand it, you arrived at the home at 3:30 in the afternoon; is that correct? A No, that is not correct. No. I was right there. I mean it all happened so fast. I didn't go back in the bar. I was out in the lobby trying to call there and say why did you leave me. o And how many calls did you place to the home? A About three, four, maybe five. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 Q And how many times did you talk to James Gallo? A I talked to his son, and his son kept hanging up on me. Q How many times did you talk to James Gallo? A To Jim? He didn't get on the phone. He was Bitting outeide. Q And the short of it, by the time you got back you were mad, weren't you? A Well, I waen't very happy that I got left behind. Q And isn't it true that the first thing you said to James Gallo, the defendant, that he was a mother fucker? Isn't that the first thing you said to him? A No, I did not. Q You deny that? A I know better than to say that to him when he's drinking, yes. Q And you deny that you charged him aggressively as soon as you saw him? A I deny that, yes, I do. Q And you deny that you were furioue because you were left behind in this bar? A Nope. I deny that completely, yes. Q So you're not furious. Were you happy? 19 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 ~ A No, I wasn't happy. Of course not. a The truth of the matter is you were terribly ticked off; isn't that the truth? A Well, I might have been a little upset, but -- a Sure. A -- but I didn't charge him or anything. a You didn't upset the trash can as soon as you arrived on the property? A No. a And you didn't start swinging at the man and trying to pull his hair, did you? A No, I did not. a And you didn't call him a mother fucker and a son of a bitch, did you? A No, I did not. a You deny all of this all under oath? A Yes, I do. a And you did not attempt to attack him quite vigorously as you got back from the bar in that state of anger? A No, I did not. a How did you get back from the bar? A The shuttle van. a And that's a ehuttle van used for people who 20 1 are impaired and cannot drivel is that correct? 2 A No, it is not. It'e used for the motel 3 people. It's a hotel. 4 Q And do you know how long that Jim and your 5 daughter waited for you to come out of the bar in the 6 outside parking lot? 7 A He didn't wait at all because I no sooner 8 went back in and came out, and he wae gone. 9 Q You deny that he waited for twenty minutes at 10 least for you to come out of the bar? 11 A Yes, I do deny that. 12 Q You deny that you were with two men in a 13 heavy conversation drinking shots in that bar? 14 A Yee, I do deny that. 15 Q Who were you talking to? Who were the two 16 guys you were talking to? 17 A It was someone that I had seen prior to ever 18 meeting Jim. It'e an older man. I mean it's not even 19 nobody that I would want to come onto or anything. 20 Q Uh-huh. 21 A I said hi. and he wae like -- 22 Q And what wae hie friend's name? 23 A I have no idea. I didn't know him. 24 Q You eat between this older friend of yours 25 and another guy; isn't that right? 21 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 ~-', A No, I did not. I was standing beside Jim. Q And didn't the manager tell you, listen, the child's crawling on the floor. Ma'am, you can't allow that in this bar. Pick up the child. Get him off the floor? A Well, she had told both of us, yes, that the child couldn't be there anymore, you're right. Q But you did allow the child to crawl on the floor, an 11 month old child? A She was sitting right here on the floor, no. And it wae carpet. You had to be in there -- Q And ae soon ae you were told that, the truth ie you ordered a shot, didn't you? A No, I did not. Q You deny that under oath? A Yes, I do. Q You deny that you tried to throw things at Mr. Gallo when you returned? A Yes. I didn't do nothing to him. He did this to me. Q You deny -- you say yes, you deny that? A Yes, I do deny that. Q All right. What took you an hour and a half to come from the Appalachian Trail Bar to get to your house? A It didn't take no hour and a half. That's what he said. 22 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 --I o Well, ma'am, you got back at 3:30? A That's what he said. o He left at 2:00? A That's what he said. o What were you doing? A I told you, I was in the lobby. I was on the phone, and then I came there. I was no where else. o What were you drinking? A I wasn't drinking anything. Nothing. o Before you went to the Appalachian Trail, how many drinks did you have? A I didn't have any before I went to the Appalachian Trail. MR. BACH: I have nothing further for this witness at this time. THE COURT: MR. BARIC: THE COURT: Anything else? No. Thank you, ma'am. You can step down. THE WITNESS: Thanks. (Whereupon, the testimony of Tina Marie Hill concluded. ) 23