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HomeMy WebLinkAbout95-01236 't"" " ~' -, --. '- -," < , ",'-' ._- f ~ p J I I I ~) o 21 ! I , Audrey A. Gualtieri, Plaintiff IN THE COURT OF CmlMON PI,EAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1~,l&,CIVlL TERM PROTECTION FROM ABUSE AND CUSTODY Marc C. Gualtieri, Defendant TEMPORARY PROTECTION ORDER AND NOW, this qtL day of March, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Audrey A. Gualtieri, now res.lding at lIC Richland Lane, T-12, Camp H.lll, Cumberland County, Pennsylvania, .Is in immediate and present danger of abuse from the defendant, Marc C. Gualtieri, the following Temporary Order is entered. The defendant, Marc C. Gualtieri, (SSN: 150-62-0611 and Date of Birth: August 4, 1971) now residing at 3616 Brisban Street, Dauphin County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Audrey A. Gualtieri, or placing her In fear of abuse. The defendant is excluded from the plnintiff's residence located nt IIC Richland Lane, T-t2, Camp HIll, Cumberland County, Pennsylvania, a residence which is Jointly lensed by the parties, but from which the defendant voluntnrily left on or about February 27, 1995, 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 01' inelll'ect cont-net with t.he plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. The deCendant is enjoined Cram harassing and stalking the plaintiCC and Cram harassing the plalntifC's relatives. The deCendant is enjoined Cram removing, damaging, destroying or selling any property owned Jointly by the parties or owned solely by the plalntiCC. A violation oC this Order may subject the deCendant to: i) arrest under 23 Pa. C.S. 66113; ii) a private criminal complaint under 23 Pa, C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa, C.S. 66114, punishable by imprisonment up to six months and a Cine oC $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. 66114.1. Resumption of co-residence on the part of the plaintiCC and deCendant shall not nullify the provisions of the court order. This Order shall remain In effect until modified or terminated by the Court after notice or hearing and, can be extended beyond that time, if the Court Cinds 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 plaintiCf. Temporary custody of Travis and Abagayle Gualtieri, is hereby awarded to the plaintiff, Audrpy A. GualtierI. This Order shall remain in effect until modi fled or terminated by the court after notice or hearing. A hearing shall Xiu ,< (j.. on this matter on the J day of March, 1995, at i>.m., In Courl.l'oom No.-Zr-, Cumberland County Courthouse, I be held Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to 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 West Shore Regional and East Pennsboro Police Departments 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 arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken be fore the appropdnte district justi ce. (23 P. s. 6 6113) . By the Court, "" '" / I' 'l" ( ~. tvr ,..(. (//,.~ Q Judge {Abv'f:. ~7/~'717. ~ instances of abuse: a. On or about February 19, 1995, while the plaintiff was holding the parties' one-year-old baby, the defendant repeatedly poked at the plaintiff's face with his finger and threatened to kill her. The defendant then forcefully pushed the plaintiff cuusing her to fall against the baby into a door, knocking the door off of the hinges, and causing her and the baby to fall onto the floor. b. On or about August 15, 1994, the defendant grabbed the plaintiff's forearm and forcefully squeezed it causing pain. c. On or about August 20, 1995, the defendant grabbed the plaintiff's shirt, pulled it up, ripped her bra, held her down and sucked the plaintiff's breast causing pain. When the plaintiff begged the defendant to get off of her, he continued to hold her down, pushed his hand down her maternity pants, and put his fingers inside her vagina causing her pain. d. On several different occasions during the past year, the defendant has grabbed the plaintiff's breasts, and crotch, and has threatened to kill her. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she remain in the home without the defendant's exclusion 2 and that she is in need of protection from such abuse. , I i 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and 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. 8. 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 9. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the names of the plaintiff and the defendant, but the defendant voluntarily left on or about February 27, 1995. 10. The plaintiff currently has no place to stay with her children except the marital home, and the defendant has moved into a friend's residence located at 3616 Brisban Street, Harrisburg, Pennsylvania. 11. The plaintiff desires possession of the apartment so as to give the greatest degree of continuity to the lIves of the children. 3 C. SUPPORT 12. The defendant has a duty to support the plaintiff and the minor children. 13. The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage and the rent payment on the residence at 11C Richland Lane, T-12, Camp Hill, Cumberland County, Pennsylvania. 14. The defendant is employed at Tru-Temp Plant in Shiremanstown, Pennsylvania, and has annual salary of approximately $22,000.00. 15. The plaintiff currently has no income. 16. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. D. ATTORNEY FEES 17. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. E. TEMPORARY CUSTODY 18. The plaintiff seeks temporary custody of the following children: Name Present Residence Age Travis Gualtieri llC Richland Lane, T-12 2 yrs. old Camp Hill, PA DOB 5/11/92 Abagayle Gualtieri lIe Richland Lane, T-12 I yr~. old Camp Hill, PA DOB 10/7/93 Travis Gualtieri was born Ollt of wedlock. Abagayle Gualtieri was not born out of wedlock. 4 The children are presently in the custody of the plaintiff, Audrey A. Gualtieri, who resides at llC Richland Lane, T-12, Camp Hill, Pennsylvania. Since their births, the children have resided with the following persons and at tho following addresses: t!lliI!!! Addresses Dat.es Plaintiff, defendant, llC Richland [,ane, T-12, 5/11/92 to Travis Gualtieri Camp HilI, PA 2/93 Plaintiff, defendant, Beaver Avenue 2/93 to Travis Gualtieri Enola, PA 10/7/93 Plaintiff, defendant, Beaver Avenue 10/7/93 to Travis and Abagay1e Enola, PA 2/94 Gualtieri Plaintiff, defendant, 11C Richland Lane, T-12, 2/94 to Travis and Abagayle Camp Hill, PA 2/27/95 Gualtieri Plaintiff, Travis and llC richland Lane, T-12 2/27/95 to Abagayle Gual tier! Camp Hill, PA present The plaintiff, the mother of the children, is, Audrey A. Gualtieri, currently residing at llC Richland Lane, T-12, Camp Hill, Cumberland County, Pennsylvania. She is married. The plaintiff currently resides with the following persons: Name Relationship Travis M. Gualtieri Abagayle D. Gualtieri Son Paughter The defendant, the father of the children, is Marc C. Gualtieri, currently residing at 3616 Brisban Street, Harrisburg, Dauphin County, Pennsylvania. 5 He is married. The defendant currently resides with the following person: ~ Relationship Donna Satchell Friend 19. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. 20. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other Jurisdiction. 21. The plaintiff does not know of any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 22. The best interests and permanent welfare of the minor children will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor children and has provided for the emotional and physical needs of the children since their births. 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 "Protection 6 from Abuse Act" of October 7, 1976, 23 P.S. ~ 6101 tl seQ., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing them 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. 4. Prohibiting the defendant from removing, damaging, destroying or selling property Jointly owned by the parties or owned solely by the plainU ff. 5. Granting possession of the home located at l1C Richland (,ane, T-12, Camp Hill, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of t.he defendant pending a final order in this mat.ter. 7 6. Ordering the defendant to stay away from Bny residence the plaintiff may in the future establish for herself. 7. Granting temporary custody of the minor children to the plaintiff. B. Schedule B hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff or placing them 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. 4. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 5. Granting possession of the home located at )lC Richland Lan~, T-12, Camp Hill, Cumberland 8 County, Pennsylvania, to the plaintiff to the exclusion of the defendant. residence the plaintiff may in the future I' r. I' i: d , ~ 6. Ordering the defendant to stay away from any establish for herself. 7. Granting support to the plaintiff and the minor children in an appropriate amount according to the support guidelines payable to the plaintiff in the form of a check or money order, mailed to her residence, and ordering the defendant to provide health coverage to the spouse and the minor children, directing the defendant to pay all of the unreimbursed medical expenses of the plaintiff (spouse) and the minor children of the defendant to the provider or to the plaintiff when she has paid for the medical treatment and directing the defendant to make or continue to make rent payments on the residence of the plaintiff. 8. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the piaintiff, pending a further order at the hearing, and that a certified copy of this Petition nnd Order be delivered to the West Shore 9 Audrey A. Gualtieri. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - 1236 V5. Protection From Abuse & Custody Marc C. Gualtisri. Defendant PRAECIPE TO WITHDRAW ACTION The olaintiff in the above-caotioned case reauests that the Petition for Protection From Abuse filed on March 30. 1994. be withdrawn. and the Temoorary Protective Order be vacated. To Lawrence E. Welker Prothonotary 19..M- e ),,~!_- l :joan-carey, for Plaintiff No. 95 - 1236 Civil Term Audrev A. Gualtieri. Plaintiff V5. Marc C. Gualtieri. Defendant P RAE C I P E Filed 19 95 Joan Carey , Atty. LEGAL SERVICES. INC. ...l~ ~~ ....., ~:; ~t /: ,: = roo ", <.J"I ~,~. ~,,'~ ...:.... ..... ~ ?~\~ .N .... CD -0 = ~~. .... :::~ - C,Q Con