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Home My WebLink About97-04113 ~ o .., ~ -t o I ~ // / I Elizabeth A. Pesco, : IN 11IE COURT OF COMMON PLEAS OF Plaintiff v. : CUMBERLAND COUNTY, PENNSYL V ANlA : NO. 97-ofIlJCIVll. TERM William Robert 10hns0n, Defendant : PRUfEC'llON FROM ABUSE fETITJON FOR PROTECTIO~ ORDtB RELIEF UNDER ll1E PROTECTION FROM ABUSE ACT,2J Pa.C.s. fi 6101 rt Hq. A. ABll~U'.; I. The plaintiff, Elizabeth A. Pesco. is an adult individual rniding at 211 N. Pitt Street, c.utis1c, Cumberland C'ounty. PcnnsyIvanja 17013, 2. The defendant, Wd/iarn Robert 10hm0n, (SSN: unknown (D.ttc of BiJ1h; unlnown), is an adult indMduaJ raiding. to the beat of p!aintifrl LnO\~1edgc, with Robert Shimer at 428 Fairgound A\'l:nue, CarIis1e, Cumberland County,l'ennl)'tI.-ania, 17013. 3. The defendant has r>:peatedly claimed to be the pbintifrl father and has had a noncOlllCllSUal ac:xuaI reL1tionship with the plainliff. 4. Since .tpproxim.ttely May 7. 1997, the defendant has attempted 10 cause and has intentionaDy, bJowingJy, or rcclleMly eaU!ed bodiI)' injury to the plaintiff, has taped the pIaintift; has p/accd the plaintiff in n:aaonabk: fear of imminent scriou.oI bodi1y iI\ita)', and has lnowinal1 enaaaN in a eounc of conduct or repeatedty eonuuillt'd acll toward the pIaintjft' under circumstances which have placed the plaintiff in reasonable fear of bodily injury, This has included, but is not limited to, the foUo~ing specifIC inslances of abuse: a. On or about May 7, 1997, the defendant grabbed the p1aintilrs legs, pulled her down to a prone position, got on top of her making it impossible for her to move, pulled off her shorts and Wldc:rpants, and penetrated her call5ing her pain. The defendant then threatened the pbintiff saying that if she told anyone, he would hurt her with a glUl. On or about May 17, 1997, the defendant approached the plaintiff, touched her on the breasts and between her \c:g1I causing her to fear for her safety. The plaintiff reported these incidents to the autisle Police Department who filed indecent assau1t and rape charges against the defendant. b. On several occasions before and after the May 7, 1997, incident, the defendant repeatedly telephoned the plaintiff and stalked her. On or about July 9, 1997, the defendantlelephoned the p1aintifftwice from prison causing her to fear for her safety. After the defendant was released from prison. he telephoned the plaintiff and ~ened to lilll her if she did not drop the charges against him. S. The plaintiff belie\\... and therefore a"'Cl'I that she is in immediate and present danger of abuse from the and that she is in need of protection from such abuse. 2 6. The plainrilf desires that the defendant be prohibiled from having any direct or indirecl contact with the plainliff including, but nOllirnited to, telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plainliJf, and from harassing the pbintitl's relatives. 8. The plaintiff desires thai the defendant be enjoined from removing. damaging. destroying or scUing any property owned solely by the plaintiff. D, EXCLUSIVE POSSESSION 9, The apar1mcnt which the p1aintiffis asking the Court to order the defendant to stay away from is not owned or rented in the defendant's name. 10. The defendant is ClllmltIy living with Robert Shiftlcr at 428 Fairground A~IIC, C'aIrisIc.. Co REIMBURSEMENT FOR COST OF CASF; 11. The plaintiff asks that the defendant be ordered to pay $2S0,OO to reimbune one of Legal Services, Inc." funding IIOtlI'tCS for the cost of litigating this case, \\o1tEREFORE, pursuant 10 the proWions of the "ProIeI;tion from Abuse Act" of October 7, 1976, 23 Pa.C.S. ~ 6101 ~ Hq" as amended, the plaintitfprays this Honorable Court to grant the following relicf: A. Grant a T cmpur.u}' Order pursuanlto the "Prot~tion from Abuse Act:" 1, Ordaina the defendant to refrain from abusing the pIaintiIJ 3 or placing her in fear of abuse. 2. Ordering lite defendant to refrain from baWls any direcl or indirecl conlact willt lite plaintiff including. but nollimitcd 10, telephone and wriUcn communications,. 3. Ordering lite defendanl to refrain from Iwassing and sla\king lite p1ainliff and from Iwassing lite plaintiffs relatives. 4. Prohibiting lite defendant from removing. damaging. destroying or scI1ing properly owned solely by lite plaintiff, S. Ordering the defendant to slay away from the plaintiffs rcsidcnc:c: 10catcd at 211 N. Pitt Street, C.artis1c. Cumbc:rland County, Pennsylvania, and any other residence the plaintiff may cstabIish. B. Schcdu1c a hearing in accordance with the provisions of the "Protection from Abuse Act, . and, after suc:h hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant 10 refrain from abusing the pUintiff or placing her in fear of abuse. 2 Ordering the defendant to refrain from ba\Vta any direct or indirecl contact with the plaintiff including. but nollimitcd 10, tcIcphonc and written communications. 3, Ordering the defcndanllo refrain from harassing and ld~ the plaintiff and from harMlling the p1aintiffs rcbtivcA. " LEGAL SERVlCF..5, INC. 8 Irvine Row CartisIc, PA 17013 (717) 20.9400 4. Prohibiting the defendant from removing. damaging, destroying or selling property owned solely by the PWntiff. 5. Ordering the defendant to slay away from the plaintiffs residence located at211 N. Pill Street, Carlisle, Cumberland COIU\ty, l'ennsy~'lUIia, and any other residence the plaintiff may establish. 6. Ordering the defendant to pay $250.00 to n:imbwx one ofLcgal Sm'ices, Inc. 's funding sources for the cost of litigating this case. The plaintilffurther asks thai thi.~ Petition be med and served witt.out payment offc:cs and costs by the plaintiff, pending a further order at the hearing. and that a certified copy of this Petition and Order be detivcrcd to the CartisIe Police which has jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. RcspectfuDy submitted, j' . (:, '"c, ---.J~!.i..l.-;.~ ( , Joan Carey, Attotncy for Plaintiff !-'-f~}"1i ',,'.' 'II s ".::." . . , , ~ , I " ,...'j j.) -j >- 4 ." el - - .. " '. J-:' .. " ' .... U.'" .- f' ;:.J c' ,,-.: ".' l;): . .; . re- '-:-, v Ie (, :i fa.:. = ~.~ :. (', r- C 01. . . , ~ ~ , ELIZABETH A. PESCO, plaintiff IN THE COURT or COMMON PLEAS or v I I I I I I I I CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM ROBERT JOHNSON, Defendant CIVIL ACTION - LAW NO. 97-4113 CIVIL TERM IN RE I PROTECTION PROM ABUSE ORDER or COURT AND NOW, this 26th day of August, 1997, after hearing, the court finding that the plaintiff is in danger of abu.e from the defendant, the following order is entered I 1. The defendant, William Robert John.on, i. enjoined from physically abusing the plaintiff, Elizabeth A. Pe.co, or from placing her in fear of abuse. 2. Th. d.fendant is enjoined from having any dir.ct or indirect contact with the plaintiff, including, but not ltmit.d to, tel.phone end written communication.. 3. The def.ndant i. ord.red to refrain from hara..ing end .talking the plaintiff and from hara..ing the plaintiff'. r.lativ.s. 4. The defendant is prohibit.d from removing, damaging, destroying or ..lling any property own.d by the plaintiff. 5. Th. defendant is ord.red to stay away from the plaintiff's current r..idence and any oth.r r..idanc. the plaintiff may e.tabli.h. 6. The d.f.ndant is dir.cted to pay the appropriate .urcharge in the amount of $25.00 and $150.00 to r.iabur.. on. of Leg.l S.rvic.., Incorpor.ted's, funding .ourc.. for the co.t of litig.tion in this c.... 7. This ord.r sh.ll remain in .ff.ct for a NO. 97-4113 CIVIL TERM period of one year or until modified or terminated by the court. The order can be extended beyond it. original expiration date if the court find. that the defendant ha. committed another act of abu.e or has engaged in a pattern or practice that indicate. continued ri.k of harm to the plaintiff, or the court find. that the defendant has committed enother act of abu.e or has engaged in a pattern or practice that indicate. continued ri.k of harm to the plaintiff. 8. A violation of this order may .ubject the defendant to arre.t under 23 Pa.C.S. Section 6113, or a private complaint under 23 Pa.C.S. 6113.1, or a charge of indirect crtminal contempt under 23 Pa.C.S. 6114, puni.hable by impri.onmant of up to .ix month. and a fine of $100.00 to $1,000.00, or civil contempt under 23 Pa.C.S. 6114.1. 9. The Carli.le Police Department .hall be provided with a certified copy of this order by the plaintiff'. attorney and may enforce this order by arre.t for indirect crtminal contempt without warrant upon probable cau.e to believe that this order has been violated, whether or not the violation i. committed in the pre.ence of a police officer. In the .vent that an arr..t i. mad. und.r this ..ction, the def.ndant .hall be takan without unn.c....ry delay before the court that i..u.d the ord.r. Wh.n that court i. unav.ilabl., the d.f.ndant .hall b. taken b.fore the appropriate di.trict ju.tic.. J. Joan Carey, ..quire Legal Servic.., Inc. - ("1;\ Por the Plaintiff Ibg " ., ~. fd ,. S9 t'.'/ I I Fl: (: " i " t ~ .' Ct-' _ } ~TY rt .. .. COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 165 CRIMINAL 1987 245 CRIMINAL 1987 1275 CRIMINAL 1993 94-0227 CRIMINAL TERM 97-1581 CRIMINAL TERM 98-1922 CRIMINAL TERM v. WILLIAM R. JOHNSON ---------- -- ...-- -- --...-- -- --...----- ELIZABETH A. PESCO, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97-4113 CIVIL TERM INDIRECT CRIMINAL CONTEMPT v. WILLIAM R. JOHNSON, Defendant ORDER OF COURT AND NOW, this 2nd day of July, 1999, the Defendant having appeared in open court together with the Public Defender, Timothy L. Clawges, on various parole and contempt petitions as listed above, and the Defendant having admitted the allegations of the petitions, we do find the petitions to be supported beyond a reasonable doubt. At the suggestion of the Probation Office, and with the concurrence of the Defendant and his counsel. the Court defers generally any disposition and/or sentence on these charges in order to give the Defendant an opportunity to make regular payments on these cases in the amount of not less than $50.00 per month. The Defendant shall be given credit from the date of his arrest on June 21. 1999, until today's date. This Order shall be sufficient order for his release from the county jail on these charges. By the Court. .J. .... ~ r- ; ~ to' ~ '{jt::. I..l~ )~'t s: ~\ F.:' . ., a. qr, r- 'l @t, , ft.' . ~ :I r 't..- ~ -