HomeMy WebLinkAbout97-04544
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II. On or IIbout the week of August 11, 1997, the
defendnnt left a messllge on the plnlntlff's answering
machine threntenlng that one of these days you lire
going to find your fami Iy nnd friends drowned in a
Harrisburg river cnusing her to fenr for the Bafety of
herself, her 1'.11111 Iy, nnd friends.
b. On or about August 10, 1997, the defendant called
the plnintlff from Hnltlmore, knowing she visited there
often, stnting that he wns waiting to catch her with
someone causing her to fcar for her safety.
c. On or about August 6, 1997, ns the plaintiff's
stepfather retrieved objects from the plaintiff's
apartment, the defendant drove up to the car, sat there
for a minute. drove away. turned his car around, and
parked aiming his headl ights at their car. The
plaintiff, her stepfather. nnd her mother, fearing for
their safety, left the npartment and returned later to
find the defendant still waiting at her apartment. The
plaintiff. fearing for her safety, did not return to
the apartment that evening. When the plaintiff's
stepfather drove by her apartment early the next
morning, the defendant was st ill wai t ing at the
plaintiff's apartment.
d. On or about July 16, 19'17, the defendant came to
the plaintiff's apartment nnd threatened that if he
ever caught her alone. he would smash her in the face
cnuslng hur to fcar for hcr sufety.
u. In IH IIbout thc middle of June 1997, the defendnnt
drove the plllintiff's cur recklessly by speeding nnd
ucting liS if he WIIS going to crllsh into unothcr cllr
causing her to fear for her safety, refused to get out
of the cnr nfter she ask him to sevcral times
prevcnting hcr from Icaving, and when he did get out of
the car, hc thrcatenl'd that she hetter lellve or he
would smash her und hcr cur.
r. On sevefEll occasions since 1995, the dcfendant has
pushed the plaintiff, threntcnecl to smush her face,
followed her to the store unci to work, threatened that
he would be thc last person she would ever be with, and
sat in front or hcr npnrtment in his car for hours and
sometimes days. The defendant has harassed the
plaintiff by calling hcr scverul times a day at work,
an~ coming to her work uninvited and remnining until
the security guards rcmoved him. The defendant has
further harassed the plaintiff by cnl ling her at her
mother's home and at hcr own apartment beginning the
moment she wnlks in the door, lit times 25 to SO times a
dny, cnusing her to fear that he is stalking her. In
the IlUSt five weeks, the defendnnt has called the
plnintiff's apartment approximately twenty times a day
and has questioned her friends about her.
5. The plnintl ff bl,!l il,!vl,!/S nnd thl,!rl,!fore nver/S thflt ~he is
in immndlnte IInd prelSent dllngl,!r of nbusl,! from the defundant und
thflt shc Is In need of protl,!ction from such IIhu/Se.
6. The plnlntlff dl,!sirl,!lS thnt thc defendlull be prohibited
from hnvlnll any dircct or indircct contact with the plaintiff
including, but not I imltl,!c1 to. tl,!lep!:one nnd written
communicntions.
7. The plnintiff c1l,!sires thnt the c1cfendnnt he enjoined
from hnrnssing and stnlking the plaintiff, and from harllssing the
plaintiff's relativclS.
8. The plaintiff desires thnt the defendant be restrained
from entl,!ring her place of employment.
9. The plaint i 1'1' desires thnt the defendflnt be enjoined
from removing, damaging, delStroying or selling nny property owned
/Solely by the plaintiff.
-'-L-.llXCL.\LUYILf91!1! B.IHUm!
10. The npartment which the plaintiff is asking the Court
to order the defendant to stay nway from is not oWned or rented
In the defendant's name.
11. The defendant hns his own rcs idence locllted at 686
Morton Street, Mnttnpnn. MlIlSstlchusett/S.
r.w._..!!E I.!4JlJl.I{Jl.BMJlli.'LJ'()R._.c;;.~:'-S.T OF CASE
12. The plaint i ff tlsks that the defendnnt be ordered to pay
$250.00 to reimburse one of Legnl Services, Inc. 's funding
sources for the cost of litlgnting this case.
n. Schudule u hUllring in uccorduncu with the
pro~lslons of the "Prutectlon from Ahuse Act," and,
IIrter such hearlnll, enter 110 order to be in effect for
II period of one yeurl
I. Ordering the defendlll1t to refrllln from
abusing the plaintiff Dr from placinll her in fear
of IIbuse.
2. Ordering the defendunt to refrain from having
any direct or indirect contact with the plaintiff
Including, but not I imi teo to, telephone and
written communications.
3. Ordering the defendnnt to refrain from.
hurassing and stalking the plaintiff und from
harassing the plaintiff's rclatives.
4. prohlhiting the defendant from entering the
plaintiff's place of employment.
5. Prohibiting the defendant from removing,
damaging, destroying 01' selling property owned
solely by the plaint iff.
6. Ordering the defendant to stay away from the
plaintiff's rC51dence locllted at 406A Hummel
Avenue, Lemoyne, Cumberland County, Pennsylvania,
and any other residence the plaintiff may
establish.
7. Ordering the defenclllnt to IlflY $250.00 to,
reimburse one of Leg,,1 Services, Inc. 's funding
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OFFICE OF THE DISTRICT ATTORNEY
OF CUMBERLANC COUNTY
ONE COURTHOUSE SQUARE
CA,RL.ISL.E. PENNSYL.VANIA 17013
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CC.lMMONWl'AI.Tll OF "I'NNSYI.V ANIA
COUNTY OF t'UMIlI'I\l ANIl
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I'OLlCE
CIUMINAI. COMI'I.AINT
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('OMMONW.:AI.'I'II OFI'ENNS\'I.VANIA
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Dudel No..
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NIC'1I0I.AS "'SO\lKAI.IS
686 MOR"'ON STltHT
M~Il~Il~n,I\IA 02126
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DiSlrlCI Attorney's onkc 0 Apl'rm'tJ 0 nhapp,,,vtd htca,ul!:
(The Di'trkl ^1'Llnll:~' lUll)' 1l"llllrclhallhc Ulll1llluiut. IllfCbl \\Iltrllnlult'ttlu\it. ,It hlllh h"'IlI1tJt,)~...d h)' the ^Ilutnc~ ,illth... CUtllmllll\\ullh IHltl! hI n1itl~ I'll It C, 11_ ICl7.)
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1!'lIMlIlllUlr'" Allum,y loll ('lllUl~,""'rllhhl
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1),'1",,1..1..,111. R. Woodford
N~lIlc Ilr ^Ill~nt "JlIClllit: I'rinl Olr T)j)c
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c"m"~r"",J County lJi.urict Attornry',t. Crimi"all""l!.t'tillatio,, IJivhlon
hlcl1liry DepPrtllll:1l1 ur ^~CllCY l{cprnentcJ PII,J I'llhhclll SuhJI\lftillll
do hereby state: (ellI'ek "I'I"o,,";rUI' (/rI',,)
I. C8I 1 ilCCU!iC the above numcd dcfcndant, \\'ho livl'S at Ihc addrc5s set forth above or,
o 1 accuse thc defcndant whose nome in unknown to mc but is described as
o
OF
l'A01l0lJA
I'uh~c I\wcncy ORI Numher
(lrit/hlPlinll ^lIcneY('A~cNurnhcrt()('^)
I accuse the defcndant whose nllme and popular dcsignation or IlIcknamc is unknown to me and whom 1 huve therefor designated III
John Doc.
wilh viollllil1~ thl~ pcnlllluws of the COl11lt1onweulth of Pcnnsylvania ot .,n~A Ilummtl Avenllt, Lemoyne in Cllmbtrland County on or obout
AIINIU't 2.J, /997 t'"ollN" a"J i"cluu'i"N Sl'pt~mht' 10, /997.
ParticipanlS Wl're: (II thell: \4 en: \lllr1,Cjp~nt.~. JlIIl~c lhelr IIllme~ here. h:flelllilllln~lllc llr~hmc dch:llJIl111)
NICIIOI.AS TSOUKAI.IS
2, The ncls cOllll1\Jllcd by the accuscd werc:
(Stl ""nh Q lurnrl1lU) ,,[ Iht fQm 11Itlkltllj 1<> l~h"t Illr dtft'lht'UlI "I tht nllllll~ <,t Ih~ "Il<'nu .11I1I~rd A ~ltulloHltn the Wlulult aUfMedt) \l<,tutrd, ....Hh<Jllllno~'.I.llnl.umdcnl In D lumrnary CIN,)'U11 mUll cu.
tht ~lx(lli( u.II,)Il illlLl \\II"l'(lIoO/\ "rlhl' ..,.IIIIl' ," ,~dllliUl" Allrllr,ll) \1<\1111..,1 )
INDIRECT C1UMINAI. CONTEMI'T. 23 l'a.eS. ~6114
T'le defendant did violale Temporary ""'Ieetion Order No. 97-4544 Civil Term issued by the 1I0nolable George E. Hoffer, Judge on
August 20'" 11)1)7. Temporary Proteelion Order No. 97-4544 states Ihat Ihe defendanl is ordered to refmin from having Bny direct or
indirect contacl wilh Ihe plall1tiff lI1e1udll1g. hut not linuted to, Ielephone ~nd wrillen communications. To wi!: the defendanl did
intentionally have indirect contact wllh Ihe plaintiff via telephone communlclltions.
till of whIch were llgmnstlhc peace and dlgnllY of the ('OI11lllonwI:ullh of Pennsylvania and conlrary 10 Ihe Act of Assembly, or in viollltion of:
I. 6//4 oflhc nth.}J I'd,C'.\'.
(SrrUnn) (~lIb"fllnn) I,,\SI.M.) (COIIIIIlI
2. oflhe
ISfI'll.,nl ,SUb.,'II"n) I',\SI.M.) (l'ounl'l
DelimdulIl Nume: NICIIOI.AS TSOlIKAI.IS *'
Dockel Number:
J. Mille
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POUCE
CRIMINAL COMI'I.AINT
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J. I Ulk Ihpl 0 " I'''",.", of 0"'" or 181 0 '"/11/110''' be i"u,'tJ Plld IlIpllllc defelldulIl be rc4uil'ed lu ulI.wer Ihe cllur~e. I hpve mude. (III
order ror P worrpnI or u"..IIO i..ue, IlIe Pllcclled ullldPVlI or proboble epu.e mU'1 be eompleled ulld .wurn 10 berorelhe I..uin~ pUllloriIY,)
4. I vcrlfylllpllhclilel..C1 rortll 1111111. eomplpltll ure true Plld co"ecllo IlIe be'l ormy knowledge or illro"nulion cnd beller. Tills veriOcplion is
mpd. subJecllo Ihe penpltie. or Seelion 4<)04 or Ihe Crllne. Code (18 /lA. c.S. 4')()4) re'Pllng 10 un.worn l.iOeullolIslO uUlhorilie..
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AND NOW. on Ihis dale , , cerliry IlIe complpinl hp. been properly compleled and veri Oed. An allldavil
or probable cuu.e musl be compleled In order ror P wp"anllO i..ue.
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Transcription of answering machine tape of Rachel Zook
Dated 09.Q9-97 and 09-10-97
Messages left by Nicholas Tsoukalls
09.Q9.97 1626 hours
Faka. You're so much of a fake. How much of a fake you are. My fake. Fake.
Fake, Fake. You're a fake. (message ends)
09.Q9.97 2005 hours
HI. it's me. I glad at least you told me you don't love me anymore. About before
you love me. It's only one love, You love, maybe you don't want to. but It's not
the way you like it. So. I'm glad you (not understandable), So, don't complain
for the people who try to get sex from you by force, all of them they get It from
you. I think enjoy It too now. (not understandable) Not feeling ashamed to
share love In front of the whole world, about you. You feeling too much shame.
that's why you feel so guilty. 1 losing weight from love, and cry from love
because my heart feel pain. You losing weight because you lose sex, that's all.
Sex. Nothing else it was to you. That's all you losing weight. (not
understandable)...1 got to put you In the stand and the whole world gonna
knows who you are exactly. Are you upset because I tellin' everybody you
collect the money. It not the credit card money, You cost me a lot of money
from before. It was from my heart, because I thought you lost a job. You
understand? But you see how fast you get it. I tellln' everybody. she gonna run
like a dog, You getting it. Two-fifty you get my money from the American Truck
Stop. Do you understand? I know what exactly what time gonna get my money.
You don't want a communication, but you want a the money. You see what the
Judge tell you. put your phone off, Get a grip out of your life, Do you
understand? Put your phone off, After you change your mind, you don't get
nothing for you now. cause you're a loser. The crisis finished, You no good
now, See even the Judge tell you. change your phone. What's a mailer with
you? You want to know what is Nick up to. What is this? He's important the
guy, He never bother you, except call you and tell you he loves you, You are
the one who tell me everybody rapes you, You enjoy it because you never feel
any love for them. It was no rape, Come on now, Get a grip. You never have a
rape from Richie or a rape from your boss. (Not understandable),. .you're up for
sex, what you have a little extra, You understand? It's not a big deal about.
You never bring him to court, you only bring the man who loves you. So, what's
the big deal about? He can tell you in front of Judge he loves you. You, you
know what you say. I don't. How you love before and you don't love now,
Cause you're a loser. There was plenty of sex. How you like that? That was all
about. though right? How it feels to run for the money. right. How It feels. your
friends knows. you run for cash? Three-fifty you collect from me, ok. I put your
car out. If I don't have in forty-eight hours the title, all right you think you can
play with me. I'm gonna put your car out. Because we losing business out of
you. We don't want to play games like you like to play. Ok, Madame, So. I a
Ex HI ,':>,11" ,
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gonna put a your car out In forty-eight hours. (Not understandable) You're not a
good person. You're a liar. So, your car It be out here and don't be a cry on the
phone to other people. please you stili work, work for (not understandable). OK.
Enjoy Rich and them. He cares 50 much for you, believe me,
09.09-97 2214 hours
How you gonna (not understandable) the kids by paying for my divorce, 50 we
can tell I'm divorced. All right. How you can do that? Even the girls downtown
they have more dignity than this. How you can be 50 fake? So fake. that Is
filthy. that 15 50 bad. How you can be 50 bad now? How you can be 50 much of
a liar? I left already, I'm too far now. Never hurt you. never do nothing. You're
the one who was violent, you the one who was taking drugs. you the liquor to
cope. You have 50 much of a problem very young. and Instead of be nice to the
other kids you just (not understandable) you Just out get anything. I feeling sorry
even for Molly. Poor cat. You gonna throw her out of there couple of year she
get little old. Damn right. You always. you do that now. When you are too much
In love tJefore and now you are not. What you are a computer? Just a program
Inside you. What you are? What you are exactly? What you are? You nothing.
You nothing. You nothing. Nothing. Very terrible human being. How you can
lie? See what the Judge tell you, take the phone off then. Take the phone off,
the guy don't do nothing, he just tell you how much he loves you. Take the
phone off. No. I want to know what he's up to. Up to what? The guy's In
Boston, 10 hours far now. You have to hear me because you know you're guilty.
That's why I cion't believe you you don't got nobody. I know you already have
somebody. You used to do that often In your life. That is not fair. You hurt kids.
You hurt the kids. So, you see how far you go when you get not the money.
See, that's why you have to give your phone off. Because the message for the
cash. See. three days ago, four days ago, ah what I say, sweet heart I leave you
money. Go pick It up. Ah. that phone call it was welcome, all right. Am I right?
You go pick it up. How much money you cost me 50 far? Business, your Ideas,
you stupidities, your ideas were 50 stupid and I lose my shirt. The money I give
to your mother. She have no dime and no food on the table. And I give a to her
the money. That don't a count. The unprofit organization I open down there,
don't a count another fifteen grand. (not understandable).. .even if it's a dollar.
Who pay for your car? Who pay for your car? Who sent the money to your
bank? Who pay for your car now? That was your gift. all right? Even you keep
the bed I pay. Is that yours? No, I pay it and you don't give it to me back. How
you feeling about. how you feeling about the lies 50 much. so much. You want
me to sign a consent with 50 much lies. I'm a good human being, a good man.
You're very bad and everybody must know it. Even the Judge. that's why he
give me the extra thirty days. Cause he see I'm a good man nolV. A very good
human being. Seventeen years my ex-wife give me 50 much trouble. I never
touch her. I never touch you either now. You lie. You the one who hit me with
the pay phones and everything and I never complain about it. How you can be
50 fake? How you can be in love for four and a half years and last minute you
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ara not In love anymore, That I call a fake, That I call It a worthless, you never
In love. You never In love, You just get boring, (message ends)
09.()9.97 2309 hours
You remember In the hotel In Harrisburg? You asked me for sex, You
remember? I was not ready to give It to you. See how God love me, cause he
knows you are a fake. And now you tell me you don't have a boyfriend and you
faithful. This Is for the money, so you don't lose the money or I don't put your car
out. Cause you think we owe a you money. So, just because you think maybe
were gonna give you money, because, you see, as soon as you get the
message money, you run like a rabbit to go get it. Even If it's late In the night.
Always a truck stop. You know why? And Tuesdays, you always late. (not
understandable) I don't need you. I left you, you remember. I'm the only man
who left you, It don't mean I don't love you. It don't mean I don't have to, I'm
faithful. But you can ask for me, but I cannot ask for you. That's why you never
want me around, because If I ask or if I be around, I must, Jesus It be Incredible
what my eyes can see now. That's way, remember what you tell me. Oh Nick I
don't be like my friends and everybody In the bar. Their bad. I used to do lots of
very bad. No honey, you like that. You like that. You belong with them. You
see me, I go back to the kids close. Close to the kids. But you, you don't have
the guts to give them a little happiness to be close to them. Always kids can give
me the problems. you can give me the problems, Men they rape you, they
molest you and nobody giving you problems. You don't take nobody to the
court. See what I mean. That's why I was holding back. That's why you upset I
don't collect the insurance money right away. That was your ticket to success.
You collect the money from the business with your mother. (not understandable)
You collect the whole thing. In Mystic I pay for the phones, I pay the house, I
pay for everything. I pay the stupidity idea of yours, big money, right? Um? But
you give little bit and you want It back because is account, mine is no good, right.
So don't be fake. It's ok. That's why you deserve the card I give you and I say
big faker. So don't tell me you've, you got faith in all these. I don't buy it. You
want faith, it was me. You want love, it was me. You, you don't got nothing.
You don't got nothing because she was never inside your heart. Because if you
have once, you not supposed to say I don't love the guy. You supposed to say I
don't love, but I don't want him. That, people understand. Five years, YOLl fake
five years just for sex, I give you (not understandable) and you fake again, For
what reason? For money. You don't want a communication with me, but what, if
I call you money you running, you sign and go pick it up. Is that the way you
are? Always you be like that now. That's why I don't need no legal, that's why I
don't feel no guilty. If I cry from my heart, because you feeling pain. That's why I
don't bother you around like the other guys, around your house or around your
job. Never bother you like that. Because I don't need to fake like this. I only call
to call you how much of a hake, fake you are and maybe change your life.
Because you need to hear from me, because I was the only man who speak the
truth. The only human being who ever speak to you the truth. The only human
being maybe can make you cry because he see you, you feel so guilty. You
always you gonna feel guilty. Because you never have anybody now. Look It,
look at all around you If you have anybody (message ends)
09.10.97 0119 hours
You know why you say the glass breaks, because your love it was glass. My
love It was higher. That's why It don't break. Yours, It was too easy. It was
compromise. It was compromise and sex together. There was no love an
passion. That's why it breaks so easy. That's why you call It glass. Me and Klkl
was glass, that's why it breaks, OK? Bye.
09.10.97 0531 hours
Hello. Hello. (not understandable) You need the restraining order, so I don't
see you with my eyes. You don't me around. Cause It's difficult for you. I'm
right? You never there. You Just play sometimes. Truth is you never there. You
don't want me to see. How I gonna see (not understandable) That's why you
love It was all glass. Breaks too often. (not understandable) You have your
mother sometimes with the phone on and the phone off. Do you understand?
Do you understand now what I mean?
09.10.97 0535 hours
You remember what I tell YOIJ. No faith. No faith. That's why you don't want me
around. That's why you so desperate for me not to be around. That's why I
don't be around. because I know you don't got It, you know. Faith is a very
difficult thing. But you can come in on me and check me day and night. Then
you see what is faith. When you can ask to. See sooner or later we see one
each other. That's why your love is glass. Plain simple glass. So, you need that
restraining order. You really need It so desperate. Believe me, very desperate.
You don't want me to see nothing, because you know. I'm a good quality and I
don't take that. I'm not like the other ones you used to have. And you know I
never a gonna take you back. So, you need that. (message ends)
09.10.97 0540 hours
That's why, young lady, you never answer the phone by yourself. So like you
can have your mommy answer it, your mommy put It off, your mommy put It on,
Because you know what you supposed to be. You know that and you cannot
handle it. Because you are not faithful. So, you need her to cover up, you really
need her all the time. desperately to cover up. Faith Is very Important, young
lady. You don't got that. Believe me. That's why you do what you do. That's
why you don't want me around. Cause you discovering you have a lot glass
layer and this will be one you break. A lot of glass layer. It's late for you, it
doesn't matter how much I love you. I never want you back, because you never
be faithful. That's the game they play. Do you understand? You want
everything and the cake and the whip cream and the cherry. No It's not working
like this. This you go to the other people. Me, I love and I stay faithful. And
come and I challenge and I answer the phones. You don't. You not faithful,
E:^t~ ,g IT \
believe me. You don't. That's why you 50 shaky and scared for anybody to see
you around. (message ends)
09.10.97 0554 hours
HI. 6 o'clock in the morning. (not understandable), but I not allowed to call
there. (not understandable) .. .call mommy. This is to cover up. You don't
believe it (not understandable) No coming anymore around. Huh? You cannot
say to the cops anything, eh? You only you say to the Judge he call many times.
What the Judge tell you. Change your telephone number. You know why it was
me in there, just change It. Cause like guys like me don't you stuff back now.
The other ones they was taking you that's why you don't get a restraining order.
Me, you cannot challenge me (not understandable) because I gonna watch. I'm
right. Instead of you listen to message, listen to these (not understandable) So
you learn something about me. You needed that, because If I be around you
cannot do what you do. Because guilty killing you now. That's all you got.
Guilty. That's why your glass break. There's more layer underneath, so more
guilt is coming to you. Guilt will gonna kill you, the guilt. You cannot cope with
the guilt. I know you know. You cannot cope. You want a somebody who was
unfaithful. But you got somebody who got faith and too much (not
understandable) love in them. You don't expect that, do you? You don't and
now you lost. You know you lost. Just got guilt on you, nothing else. Nothing
else. You need your mommy. You cover up, you cover on everybody. You
remember it was even on me on the other guys. You only cover up you got.
That's why you cannot have friends. Cause then I gonna know. Challenge, pick
up the phone if you're there. I bet you cannot even do that. You cannot even do
that. You cannot do it. Because you not there. That's why you cannot do it,
cause you not there. Cause you not there on Tuesday. Cause you remember
one Tuesday you call me, my (not understandable) he not speak english, so how
he answer the phone. And Tuesday you take me to the Courtyard. Finally,
everything happen on Tuesdays. God must like me on Tuesdays and no like
you, right. Was never with you anyway. You seven people In the court, no the
pollee force. I was tired driving ten hours and wait another three, four and tired
to drive the same day back. And you need protection. I need the protection
from you now. I'm In danger from you. There supposed to give me protection
because your love it was (not understandable) That's why you like sliver. Cause
it gets brown and brown and black fast. There are no gold like me, believe me. I
never lose my color. You losing it too often now. Heilo, you there. Pick it up the
phone If you there. Don't pull a you mother to pick it up the phone most of the
time. I no games like this. The little used to play, because they not faithful,
because they little kids. They need to fall in love. You 27 now, you just play like
a little kid. Remember what I tell you. If you play between two chairs, you fall In
the between them. You alroady there.. .(message ends)
09.10.97 0606 hours
E"I-\.i3IT
You know what tho !iocurlty In tho court thoy toll mo. They say, you need the
protection, Thoro uro !iO IllIlIlY, you mo IIl0no, You coming from so far. My
God. I was nondln(} tho prolocllon, hut I dOIl't nood It. Cause 1 have God with
me, you dOIl't. Soo, If you dOIl't hnvo God with you, guilt killing you. How you
gonna bo fnlthlul, Soollm or IlIlm, you cnllllot ho, causo you don't got it not.
Faith Is too Importnnt lor pooplo now, You cnll como In. I challenge you and ask
so you can 10llm wtHlll!i lulfh IIlld whnt Is lovo, Yours Is glass, you breaking it In
more layors, bllCnU!iO you Illnklllnyor out 01 glass nnd they all break, break.
Mine Is hl!Jhm. Totnlly hl!JllOr nlld Ilovor hronk, Yours Is just glasses and
glassos, Bronk nltor hronk, lJocnuso that's nil you try. Break It, break It more.
break It moro, I golla oscnpo Iholll, But I give you the taste of love, You cannot,
It's moro Inyors nncl morn Inyurs, nlld thoy {Jonna punish you for the rest of your
life. That's why you Ilood 1110 to Inlk to you now, because you know you need
me, but you cnnnot do. You canllot ho the faithful one. You cannot, you cannot
have me mound to chock you. You nnod tho court to protect you for me not to
be around. For tho rost of your Ilfnl not like your rest of your boyfriends and
your lovors I wns 1l0vur mound. When you see me check on you? Even in the
phone you cnnnot bo faithful, Even on that you need to go out. You need that.
You need It. You cannot lonvo without you going out. You need your freedom.
You neod to [JO out to sham your good times, your drinks, That's where your
friends, you romombnr what thoy toll you. You can park, we know you. Cause
they know you, B'.lclIUSO If you hod one, you bed two, believe me, you gonna be
bed many tlmos. You cannot havo what a lady have, respect. That you don't
buy It. That II COIllOS with you. That's why I give you a taste what is of a man.
Never ask, never [Jolnn mound to llsk for you. Give it all up to you, to prove to
you. Soo what Illloan, I chnllonge you every moment, every day. You cannot
chullen[Jo me ovory n1omont, ovory day. You cannot. You cannot. You not like
that. Thnt's whnro you !Jlussos broak. you break and you gonna keep breaking
It. Choup lovo thoy cull it. Only you got passion, but you don't got love with
passion and that Is vory (nolundorstandable). That, every girl have it now.
That's fill you urn 'iko, ovory othor girl. You are never anything special. I make
you spoclnl. But you 500, ovon you lost that. Even the Judge tell you, just close
your phone. Why you Wllnt to know what Nick up to. You have to hear my
voice, you huvo to hom, I'rn the only good man you see in your life now. You
cannot capo with that !Jullt. That's why you losing weight, you gonna lose more,
Sit down ovor thoro and any of you don't open the mouth. Because you gonna
say, you don't !Jot nothing to say, It's only hate. It's only hate that come out of
your n1outh. Mlno It was not hate. See why I sent you the money. I send you
tho n1onoy becauso I think you lost the Job. (message ends)
09.10-97 0615 hours
ROn1llm!Jor you say I Hanna cut you neck if I see you with another woman and all
this. You know you novor see me with another woman and 1 challenge you to do
thut. But you, you don't got that. You cannot challenge me on this. You
mnlon1!Jur, you cannot. You need to go. You need the cops to protect you so
you can do your ugly things. You need them 50 I don't be around. I don't be
around because the cops, I don't be around because my eyes don't want to see
It. Next time In the court, I bring the kids 50 they can see how fake people like
you they are. I want a my daughter to see 50 she don't do It to nobody. Do you
understand? BecAuse people have a feeling and they love. I want (not
understandable) I want to see you can no speak with the kids, you cannot speak
with them either now. I want to see that how fake you are now. What glass
breaks. I want you to explain to them, because even the kids they gonna know
fake. The same way the Judge see you fake. See how fast he see you fake.
See how fast all the people see you fake. Ask In private. Including your lawyer.
You see what they tell you now. Fake. You're like the other ones. They wanted
this, so the men don't be around them. That's why you need the cops. You use
the cops. So you can have your life. Then you need your mother to cover up
you, so In case you have to come back. Hey. I was ok. You never ok. You
don't take a man to the court without him doing nothing. Only fakers and liars do
that now. People who feel guilty. That's why you need 50 many people around
you. You have ten people, how many, the whole full course. You see how many
I have, nobody. Because I don't want a anybody to see you. I wanted a show
for later on, 50 everybody can see you. All the people you say how much you
love me in around Harrisburg and everywhere and I want them to see how much
of a liar you are. How much of a liar you are. Too much. You never you gonna
come back, because I make sure you don't come back now. Because nobody
wants you back now. I don't want a fake like this, no fake. That's why you got
all your stuff back now. Your gold and everything, because I need, anything was
money was worth a something to you now. See how fast you run for the money.
I never see any person run so fast for the money. I don't send it for the credit
card, I send because I thought you lost a job. That's why I send the (not
understandable) Always available to send it all the time to help you. Wanted to
show you I can be there even if you are not with me. Even you have to fake that.
Your car is stili here. Take it six months, it is stili here. We don't do the wrong
thing now. I not like you now. My family always share their morals. See what
you got around you, you got anybody? See, you got anybody. (end of
message)
II, On or I,Ibout the week of August II, 1997, thu
defllndnnt left a n1essllgu on the plllint I ff 's IInllwerlng
n1achlnll thrllatenlng that onu of thusc days you arc
going to find your fllmi Iy IInd fricnds drowned in Il
Harrisburg river causing hcr to fenr for the safety of
herself, her film! ly, Ilnd friends.
b, On or about August 10, 1997, the defendant called
the plaint iff from Bal t imore, knowing she visi ted there
often, stating thllt hc was waiting to catch her with
someone causing her to fcar for hcr sllfety.
c. On or about August 6, 1997, liS thc plaintiff's
stepfather rctrlcved objects from the plaintiff's
apartment, the defendant drove up to the car, sat there
for a minute, drove away, turned his car around, and
parked aiming his hl'adlights at their car, The
plaint i ff, her stepfather, and her mother, fear ing for
their safety, left the apnrtment and returned later to
find the defendant st ill wai t ing at her apartment. The
plaintiff, fearing for her safety, did not return to
the apartment that evening. When the plaintiff's
stepfather drove by her apartment early the next
morning, the defendant was still waiting at the
plaint iff's apartment.
d. On or about July 16, 1997. the defendant came to
the plaintiff's apartment and threatened that if he
ever caught her alone, he wou Id smash her in the face
caus(ng hcr to fear for her safety,
c. In or Ilbout the m(ddle of June 1997, the defendant
drovc the pllllntiff's car fecklesBly by speeding and
nct(ng as if he wn~ going to crash into another car
causing her to fenr for her safety, refused to get out
of thc cur after she Ilsk him to several times
preventing her from leaving, and when he did get out of
the car, he threatened that she better leave or he
would smash her and her car.
f, On scvernl occasions since 1995, the defendllnt has
pushed the plaintiff, threatened to smash her face,
followed her to thc storc IInd to work, threatencd that
he would be thc lust person she would ever be with, and
Bat in front or hcr apartment in his car for hours and
some~ imes days. The defendant has harassed the
plaintiff by calling her several times a day at work,
and coming to her work uninvited and remaining until
the secur i ty guards removed him. The defendant has
further harassed the plaintiff by calling her at her
mother's home and at hcr own apartment beginning the
moment she walks in thll door, at times 25 to 50 times a
day, caus ing her to fear that he I s stalking her, In
the past five weeks, the defendant has called the
plaintiff's apartment approximately twenty times a day
and has questioned her friends about her.
5, The plaintiff believes and thurefore avers that Bhe Is
in immediate and present danger of IIbuse from tho defendant and
that she iB in need of protection from Huch abuse,
6. The pluintiff desires that the defcndant he prohibited
from having any direct or indirect contact wltb the plaintiff
including, but not limited to, telcphone und written
communications.
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 dcfendant be restrained
from entering her place of employment,
9. The plaintiff desires that the dcfendant be enjoined
from removing, damaging, destroying or selling any property owned
solely by the plaintiff,
B. EXCLUSIVE POSSESSION
10. The apartment which the plaintiff is asking the Court
to order the defendant to stay away from is not owned or rented
in the defendant's name,
11, The defendant has his own residence located at 686
Morton Street, Mattapan, Massuchusetts,
C. REIMBURSEMEN~ FOR COST OF CASE
12, The plain:iff 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,
WHEREFORH, purijunnt to the provisions of the "Protuctlon
from Abuse Act" of Octoher 7, 1976, 23 PIl.C,S, 6 61019.1 .oJlJl" as
I
amended, the plrl\nt iff prays this 1I0nllrllble Court to grant the
following relief I
A. Grant a Temporary Order pursuant to the
"Protection from Abuse Actl"
1, Ordering the defendant to refrain from
abusing the plaintiff or from placing her In fear
of abuse,
2, Ordcring the dcfendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications.
3, Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relativcs,
4. Prohibiting the defendant from entering the
plaintiff's place of employment,
5. Prohibiting the defendant from removing,
damaging, destroying or selling property owned
solely by the plaintiff.
6. Ordering the defendant to stl;ly away from the
plaintiff's residence located at 406A Hummel
Avenue, Lcmoyne, Cumberland County, Pennsylvania,
and any othcr residence the plaintiff may
establish,
a, Schedule II hearing In accordance with the
provisions of the "Protection from Abuse Act," and,
arter such heur I ng, enter /In order to he In effect for
a period of one yeur:
1. Ordering the dcfendnnt to refrain from
abuBing the pluint i 1'1' or from placing her In fear
of abuse.
2. Ordering the defendant to refrain from having
any direct or Indircct contact with the plaintiff
InclUding, but not Ilml tcd to, telephone und
written communications.
), Ordering the dcfendunt to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives,
4. Prohibiting the defendant from entering the
plaintiff's pluce of employment,
5. Prohibiting the defendant from removing,
damaging, destroying or selling property owned
solely by the plaintiff,
6. Ordering the defendant to stay away from the
plaintiff's residence located at 406A Hummel
Avenue, Lemoyne, Cumberland County, Pennsylvania,
and any other residence the plaintiff may
establish,
7. Ordering the defendant to pay $250.00 to
reimburse one of LCRUI Services, Inc,'s funding
Rachel D. Zook,
plaintiff
IN THE COURT OF COMMON PLEAS OF
I
I
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I
I
Nicholas TBoukalis, t
Defendant~ I PROTECTION
~t.t PROTECTION ORDER
AND NOW, this day of September,
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-4544 CIVIL TERM
FROM ABUSE
1997, upon
consideration of the Consent Agreement of the parties, the
following Order is entered:
1. The defendant, Nicholas Tsoukalis, is enjoined from
physically abusing the plaintiff, Rachel D. Zook, or from placing
her in fear of abuse.
2. The defendant is enjoined from having any direct or
indirect contact with the plaintiff including, but not limited
to, telephone and written communications.
3. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
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.
6. The defendant is ordered to stay away from the
plaintiff's residence located at 406A Hummel Avenue, Lemoyne,
Cumberland County, Pennsylvania, and any other residence the
plaintiff may establish.
"
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1. The oourt oosts and fees are waived.
8, This Order shall remain in effeot for a period of one
year or until modified or terminated by the Court. The order oan
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. A violation of this Order may subject the defendant to:
i) arrest under 23 Pa.C.S. S6113; ii) a private criminal
complaint under 23 Pa.C.S. S6113.1; iii) a charge 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. S6114.1. Resumption of
co-residence on the part of the plaintiff and defendant shall not
nullify the provisions of the court order.
10. The Pennsylvania state, Fairview TownShip, and West
Shore Regional Police Departments shall be provided with
certified copies 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 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
Rachel D. Zook,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97-4544 CIVIL TERM
Nicholas Tsoukalis,
Defendant
PROTECTION FROM ABUSE
CON81NT AGRIEMENT
~
This Agreement is entered on this l' day of September,
1997, by the plaintiff, Rachel D. Zook, and the defendant,
Nioholas Tsoukalis. 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, Nicholas Tsoukalis, agrees to refrain
from abusing the plaintiff, Rachel D. Zook, or from 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.
3. The defendant agrees not to harass and stalk the
plaintiff and not to harass the plaintiff's relatives.
4. The defendant agrees not to enter the plaintiff's place
of employment.
5. The defendant agrees not to remove, damage, destroy, or
sell any property owned by the plaintiff.
6. The defendant agrees to stay away from the plaintiff's
residence located at 406A Hummel Avenue, Lemoyne, Cumberland
County, Pennsylvania, and any other residence the plaintiff may
establ ilIh.
7. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
8. 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 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. 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.
9. violation of the Protection Order may subject the
defendant 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.
WHEREFORE, the parties request that a Protection Order be
entered to reflect the above terms.
() \" i
f ("!t..'(h. I). / ((j~
Rachel D. Zook, Plaintiff
tVt ~ J.lD'~qJ" 11/ ~ ChI;) ~A.u. \.
Nicholas Tsoukalis, Defendant -~
, '0',
.v. (0~)'ny
/ ,~. 'V ~~'1L (~.o '- .
l/Joan Carey :1
Attorney for Plaintiff
LIGAL SIRVICIS, INC.
S Irvine Row
Carlisle, PA 17013
(717) 243-9400
.-
RACHfl n. lOOK,
P In I n t I rr
TN Illf' COlIlll OF COMMON !'IHIS Of
rllMRFIHANIJ rOIINrv, Ill'NNWI VANTA
V.
N I C HOlAS TSOlJKAII S,
Oe f enclnn t
CIVil /lOION
lAW
9/-11'i1111 (IVII TFRM
IN HE I . .INDiHECT C IUM INAL CONTEMPT
OHDER Of COURT
AND NOW. September 29,1997.3:37 p.m" Nicholas
Tsoukalis. hoving appeared in open court together with the
Public Defender. Timothy L, Clowges, Esquire. and having
admitted the ollegotJons of the indirect criminal contempt
petition filed with the court on Septomber 12, 1997, and signed
that dote by the cOllrt. we do find the pet.i tion to be supporh[!
beyond 0 reasonable doubt, Hoving so found, we \'10 find the
defendant to be in indirect criminal contempt of our prior
orders.
Hoving found the defendant to be in contempt, we
sentence him to a term of imprisonment in the Cumberland County
Prison of six months. We immediately ore placing the defendant
on parole for the bolonce of this term on the condition that he
abide by the PFA consent order that he hos entered into today,
By the Court,
William I, Gabig, F.SQuire
Assistant District Attorney
Timothy L. Clawges, ESQull-('
Assis tant Pub] ie Defendel'
Joan Corey, Esquire
For' the Plointlff
Probation Office
Sheri ff
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