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Home My WebLink About94-04380 5 ~ 1 ~i -'jl i I . 7] I I ~ I U-9 \ \ / I I i 1 i , ~ ! ~ i , l J i J , i I J I ; I 1 , I . 1 I i I , I i """"+- j "'" : 0- ' / I . I 01 ZI , ! ELIZABETH COCHRAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 4-38Q CIVIL TERM vs. . . PROTECTION FROM ABUSE GEORGE MARSHALL JOHNSON, JR., Defendant TEMPORARY PROTECTIVE ORDER AND NOW, this ~~/ day of August, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, ELIZABETH COCHRAN, now residing at 1 E. Main Street, Apt. 1, New Kingstown, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, GEORGE MARSHALL JOHNSON, JR., the following Temporary Order is entered. The defendant, GEORGE MARSHALL JOHNSON, JR., currently incarcerated in the Cumberland County Prison, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, ELIZABETH COCHRAN, or placing her in fear of abuse. The defendant is ordered to refrain from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the Ii r/l day of August, 1994, at .:,. ,/:) ,).m. in Courtroom No. i! , Cumberland County Courthouse, CarliSle, Pennsylvania. The plaintiff may proceed in forma pauperis pending a further order after the hearing. The Cumberland county Sheriff's office shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of civil Procedure. The Silver spring Township Police Department will be provided with a copy of this Order by attorneys for plaintiff. 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 before the appropriate district justice (23 Pa.C.S.A. section 6113). By the court, --1 (IL. .4 /1.. / J. ELIZABETH COCHRAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM vs. PROTECTION FROM ABUSE GEORGE MARSHALL JOHNSON, JR., Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 I . t" ELIZABETH COCHRAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM vs. PROTECTION FROM ABUSE GEORGE MARSHALL JOHNSON, JR., Defendant PETITION FOR PROTECTIVE ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 1 East Main Street, New Kingstown, Cumberland County, Pennsylvania, 17072. 2. The defendant is an adult individual currently incarcerated in the Cumberland County Prison, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant is the plaintiff's former intimate partner. 4. Since approximately June 1994, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, and by physical menace has placed the plaintiff in fear of imminent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a. On or about July 28, 1994, the defendant followed the plaintiff, screaming at her, causing her to fear for her safety due to past acts of physical violence. The plaintiff called the silver Spring Township Police who arrived to find the defendant so hostile that they used mace to subdue him twice. During their interaction, he threatened to kill the police officer several times. The defendant was taken to the police station and in the car, threatened to kill the officer. The defendant was placed in a holding cell and videotaped. At one point, the defendant threatened to buy a shotgun and a slug and shoot it into the middle of the officer's head. The defendant was then placed in Cumberland County Prison, where he awaits a preliminary hearing. b. On or about July 21, 1994, while the parties were in the car with the plaintiff's two children, the defendant drove erratically and extremely fast, causing the plaintiff to fear for her safety as well as that of her children. The defendant slammed on the brakes, got out of the car, and kicked and punched the driver's door, leaving dents. The plaintiff drove home while the defendant screamed obscenities at her. He then reached over, grabbed the plaintiff around the neck in a headlock, and choked her. The plaintiff stopped the car in the middle of the road. The plaintiff's daughter ran from the car and screamed for help from the motorist behind them. The motorist got the defendant to release the plaintiff, and the plaintiff ran from the vehicle. Realizing that her two children were still in the car, the plaintiff returned to the car and drove home. The defendant, repeatedly, made threats to kill her during the ride home. c. Approximately three weeks ago, the defendant screamed in the plaintiff's face several times, causing the plaintiff to fear for her safety and to leave the residence. When she returned, the defendant had taken out his rage by throwing and breaking furniture, appliances, and household items. d. In or around June 1994, the defendant pushed the plaintiff across the room with his body, cornering her. As the plaintiff turned to face the defendant, he punched the plaintiff in the face, causing the plaintiff to become dazed and fall to the floor. When the plaintiff stood up, the defendant again punched her in the face, causing the plaintiff to stumble backward. The plaintiff's daughter ran to a store where 911 was called. The plaintiff was taken to the hospital by ambulance and examined in the emergency room. The plaintiff suffered two cracked teeth which had to be surgically removed. 5. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be restrained from harassing or stalking her, and from harassing her relatives. B. LOSSES 7. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A which is attached and incorporated herein. 8. The plaintiff asks for attorney fees to be paid to Legal Services, Inc. pursuant to the Protection from Abuse Act. ,. --, . C. STATUS TO PROCEED IN FORMA PAUPERIS 9. The defendant is employed at Valk Manufacturing and has an hourly salary of approximately $5.25. 10. The plaintiff currently receives social security in the amount of approximately $1124.00 per month. 11. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. section 6101 et IDiISl., 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. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. B. Schedule a 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: l. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from harassing or stalking the plaintiff, and from harassing the I' - .,w~~~t '.~ '''~;, ,,: plaintiff's relatives. 3. Ordering the defendant to reimburse the plaintiff's out-of-pocket losses suffered as a result of the abuse listed on Exhibit A. 4. ordering the defendant to pay attorney fees to Legal Services, Inc. pursuant to the Protection From Abuse Act. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that a copy of this Petition and Order be delivered to the Silver Spring Township Police Department as the Police Department with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ~" Yl,..c {lr''----\i~,,_ n carey Jane Muller-Peterson Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 f' The above-named plaintiff, ELIZABETH COCHRAN, verifies that the statements made in the above Petition are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. Date: rf:' ~ 7 f' , I, I: ~ I' .... ELIZABETH COCHRAN, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - vs. CIVIL TERM PROTECTION FROM ABUSE GEORGE MARSHALL JOHNSON, JR., Defendant LOSSES SHEET MEDICAL EXPENSES Dentist: pulled tooth HOUSEHOLD REPAIRS 2 Doors replaced because defendant kicked his foot through them Washing machine broken from defendant throwing it outside Oven door ripped off Miscellaneous personal items destroyed Car door dented from defendant kicking and punching it. Door does not close completely TOTAL EXHIBIT A AMOUNT $ 75.00 $ 50.00 $ 75.00 $ 50.00 $ 50.00 $ 75.00 $375.00 'V '\:l -::r >-.. ~ en - ...... "I") '"":r. 5 wt;:}..' ~ U7ot;1.'7 .... i:f';JC ..~ ~ .2' ....ro::, ,4-......t',. - . ........J; ~ - ':_<..1 :~ I,J..... ~ ".._,',.>-1 /' in. "" :.:> ::> ~r;." << f ( . ""'''_'~''''''''''''~''''_~.'''''''>'''''I'."...,.,._,.....~..'r' ........ -......-...................'..,. '" ..,~."... SHERI FF' S RE'ltJRN ca+lONWEAL'IlI OF PENNSYLVANIA I COUNl'Y OF CU1BERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-4380 Civil Term Temporary Protective Order Protection From Abuse, Notice and Petition for Protective Order Elizabeth Cochran VS George Marshall Johnson, Jr. Barry Horn , ~ilf'6C~r Deputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says, that From ~buse er , o'clock upon P.M. 00'lX1 EDST, on the 04 day of August , 19~at Cumberland County Prison, Claremont Rd., Carlisle Pennsylvania, by handing to George Johnson , Cunberland County, a true and attested copy of thE!l'emporary Protective Order Protection From ,Abuse Not1ce ana pet1t10n tor protective uLdeL and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 14.00 2.80 16.80 So answers: r~~~ R. Thomas Klin , Sheriff by Sworn and subscribed to before we this ......2!E::_ day of ~.......- 19 9V A.D. Ctr- Q '1u. Ct '-' rothonotary ,.C~~ I J I' ELI ZABETH c::oc:l-RAN Plaintiff IN THE oa.m OF CX>>tOI PlEAS OF a.MIERLAN> lXlMTY, PaHM.VANIA No. 4380 Civi 1 Term vs. GE<R3E MARSHALL JOHNSON. JR.. Defendant PRAECIPE TO WITHMAW ACTION The Dlaintiff in the above-caotioned case reauests that the Petition for Protection From Abuse filed on AURust 4. 1994. be withdrawn. and the Temoorary Protective Order be vacated. To Lawrence E. Welker Prothonotary 19_ Plaintiff No. 4380 ELIZABETH ClClCI-RAN. Tenn, 1994 VS. GE<R3E MARSHALL JOHNSON. Defendant PRAECIPE Filed 19 Joan carey , Atty. LEGAL SERVICES. INC. *.Y ,.,. c:: ... ., ." +-l _.1: " j2'~> = 'M - ' ;,'- , ""b ~,:;;:..-. c::> ',,~ t;;.::: .... l- t-..... C":.' w ;r."')xc~ :c- .;.::-~t1', ::s:: "'.. -';r - ~~ u::> .c- I I , I