HomeMy WebLinkAbout95-02878
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CEHTIF1CATJON OF "FA CONTEMPT
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,
LUCILLE M. GORDON,
FOR HERSELF AND ON BEHALF
OF SHANINE MASON, A MINOR,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
95-2878 CIVIL TERM
GEORGE P. JOHNSON,
Defendant
PROTECTION FROM ABUSE
IN REI CONTEMPT
ORDER OF COURT
AND NOW, this 8th day of February, 1996, the
defendant having appeared in open court and admitted that he is
in indirect criminal contempt of our protective order, he is
thus adjudged.
Sentence of the Court is that he pay the costs of
prosecution, and that he undergo unsupervised probation for a
period of 90 days, on condition that he abide strictly by the
terms and conditions of the order entered June 8th, 1995.
By the Court,
Ke~~' 7es~
//
William I. Gabig, Esquire
Assistant Dist~ict Attornsy
Timothy L. Clawgss, Esquire
Assistant Public Defender
Sheri ff
mal
6. The defendant is excluded from the plaintiff's
residence located at 154 1/2 Lincoln Street, Carlisle, Cumberland
County, Pennsylvania.
7. The defendant is ordered to stay away from any
residence the plaintiff may in the future establish for herae1f.
B. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time 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. Th i s Order may subject the defendant 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 fine of $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 plaintiff and defendant shall not nullify the
provisions of the court order.
10. The Carlisle Police Department shall be provided with a
certified copy of thjs Order by the p1a1ntiff's attorney and may
enforce this Order hy arrest for 1ndirect. crimInal contempt
without warrant upon probah1u cause t.hat this Order has been
violated, whether or not. the violation lS committed 11'1 the
presence of the po 11 <.e of f 1 Cllt. I n the event that an arrest is
made under thiH suctIon, tho defondant shall be t.aken wlthout
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 P.S. 6 6113).
By the Court,
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LUCILLE M. GORDON,
Plaintiff
for herself and on behalf of
SHANINE MASON, a minor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v .
NO. 95-2878 CIVIL TERM
GEORGE P. JOHNSON,
Defendant
PROTECTION FROM ABUSE
CQ~9ENT, AgR~E~ENT
This Agreement is entered on this
l.fT
, day of June, 1995,
by the plaintiff, LUCILLE M. GORDON, and the defendant, GEORGE P.
JOHNSON. 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 part1es agree that the
following may be Hntered as an Order of Court.
1. The defendant, GEORGE P. ,JOHNSOI~, agrees to ref ra i n
from abusing the plalnt1ff, LUCILLE M. GORDON, and the minor
child, SHANINE MASON, and from plaCIng them 1n fear of abuse.
2. The defendant agrees not to have flny direct or indirect
contact with the plaintlff or the m1nOI' chi Id inclUding, but not
limited to, telephono and wrlt.t.en Ct1mmUn1cat.lons.
3. The dufendant IlUIlH1S nut, III IllHas5 01 stalk tilE!
plaint1ff or the mlllOl chi Id ur harrlBG the plaintiff '0.; relatives.
4, 1IIe defendflnt. IIU""Hi not t.u unl.l" t.he pla1nt1ff'6
school or the 8chool of the mInD, rhl1d.
f,. Thn defendant agrellB nut t.u ,emove, damaue. dost,oy, or
lwll any property owned hy the pla1nt1ff or j01nt.ly owned by the
partieH.
Ii. Ihe defendant aYIeOH to Htay away fr'om the plaint1ff's
residence located at lfi4 1/2 L1ncoln street, Carlisle, Cumberland
County, PennHylvanla.
7. The defendant agrees to stay Hway fr'om any rosidence
the plaintlff mAY in the future establ1sh for herself.
A. The defendant, althougl1 entor'lng Int.o this Agreement,
doos not admit the allegat.10ns made ln t.he Pet.ltion.
9. The defendant under stands that the Protect 1 on Ordel'
entered in tillS matter shall oe ln effect. for a period of one
year or until modified or termlnated by thH Court after notice or
hearing and, can be e~\,(HHJod beyond t.hat time, if the Court finds
that the defendant. has comllllt.t.ed anotlter act of abulie or has
engaged in a pattHrn or pract1r:e that lIllJicat.eti continued risk of
harm to the plaintiff.
1 ho dp f ondan t. undot'li lands tlta t th is
Order shall tw ("nforceablo in the SHmO mllnner IlS tho Court's
prior Temporar y P'otection Order enten~d 1n this case.
10. The ljefondanl '"111<.. htanrJs that H v1olation of the
ProtHct.lon Ordf'r may l'"tJjm t "'" dflff!lllJant to: i) arrest under 23
I'a. C.S. Of;113; 11) a pI lV111" r:r lm1l1al compla1nt. lHHJer 23 Pa,
C,S. 6611,1,1; 111) a t.Il1HUH III lnd1lo' t. I.l'1ml nil I I.Clntompt. under
2:l Pa, C.f,. Oh114, punlfiltllll1.. by lmpl ISllnment. lip t.o Sl~ mont.hs
[llllJ 11 f Ina Ilf $100, nO-~l ,000,00; I.IIIlJ IV) C1V 11 r:llntempt under 23
1'11. (;.8, 6b114.1, 1ho ,1"f"'1Ill1l1l. fl1f>o U1111P.t'fit.IlI1l1s thAt resumptiol1
ot "0 '"",doll"! ()Il tllo part 01 II,.. pllllllt Iff fll1d dellltldal1t. wl11
not nullify the pnlViolollB of t.he court order.
WHEREFORE I t.he perU 06 request. that a Protec t 1 on Order be
ullt.erud to reflect. tho above terms.
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Lu~YLLE M. Gd~J6N~ 'p a~iff
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GEORGE P. .JOH~N~bi~ndant
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l' J,," (C~t."( , 'j'
Joan Carey
At.torney for P1aintiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
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.
LUCILLE M. oct100N,
Plaintiff
for herself and on behalf of
SHAHINE MASON, a minor
I N THE COJRT OF COMMON PLEAS OF
CUMBERlAND caJNTY, PENNSYlVANIA
NO. 95 -.!J:'I'CIVIL TERM
v.
PROTECTION FROM ABUSE
GEORGE P. ,JOHNSON,
Defendant
P~TIIJ9tl EQB,PROTECTION ORPER
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 P.S. ~ 6101 et seq.
A. ~
1. The plaintiff, LUCILLE M. GJRIXlN, is an adult individual whose
permanent address is 154 1/2 N. Lincoln Street, Carlisle, Cumberland County,
Pennsylvania.
2. The plaint iff, Shanine Mason, herllinafter knOl'ln as the child, is a
fifteen-year old niec" of Luc; 110 Gordon and has been in Luc:i 11e Gordon's
custody since she was a baby.
3. Tho rlaintiff and the child are temrornrily staying fit an
umfisclosed location for their own protection and In avoid furlher abuse 8S is
more fully set forth herpin. Tins addless will lw flJlnished to till! court uron
request.
4. 1he dHfpndant, GF(fiGF P. .JOHI1SON, SSN: Unknown [100: 07/26/53. is
an adult lt1divldual II'slding fit 1"14 1/? IL 11l1(;f)ln Str"p!, Carl1,.,le,
Cllmher llln,j OJIII1 t y, Penn,; y 1 val1 i 11, 1701.1.
r.. The ,h,fendIl111 hl\s ha,l nn 1I1Iiml'lt" relfltlOllshlp WIth thH plflil1tiff.
Ii. !;iI11P al'fl''''1I111l1"ly F"IHtllllY, 19'1"1, 1111' d"fplldfll1t has attempted tn
UIlJsn find tHiS ,ntfllltitlflally, t\nnwHH]lYI or ,pt.~lp{,sly c.atJsprj hodily 11l}IJ'-Y, to
Ihe pll1inliff or I1l1s plllced Itll! plninliff in reasol1flulo! fOflr of imminent
serious bOlJ1ly Injury, flnd hns knowIngly ,mgnged 111 n course of conduct 01'
rO[Joaledly committell ilLls towilrd the plaintiff ilnd th" child including
following It", [Jlillnliff, without prop.,,- aulhorizatlon, under circumstances
which havll placlld tlm plaint iff In reasonnble fuar of bodi ly injury. This hns
included, but IS not 1 imitt'd to, th.. following s[Jer.i fic instanr.es of abuse:
a. On or about May 23, 199r" the defendanl scn!llmed 01 the
[Jlaintiff and threatened to punch th.. plllinl;ff in 1t1l! moulh.
b. On at about Api'll 14, 1995, the defondant screamed at the
[Jlainliff, fol10\'10d hel' aboul th" hous" Ilnd pund1t'd th" plaintiff across
her face, cRusing h"r 10 slam ilgnlnst tht' refl'ige"atnr and fall to the
floor. Wht'n thl! rlainl i ff mnnilged tn gel up on hpr fe.!1 th.! defendant
pundlfld Ihe plnlnl iff ncms'i III'" left Aye, cnusin\) hor to fall to the
floo/ again. Will If. Ih.. plaltlll ff was on tho floor, the defendant pushed
her with his fonl. Thl! defendant wont 1nto the child's room, screamed
at her, tt!l1 ing 111'1' 10 "stralght!!n 11Inself up," whilll [Julling out his
long nodet kni ft!. Whon the chi ld al temrtAd to gt'ah 1\ smnll vnse that
was in h..,. room, In proll'Lf Ill!rs.!lf Ilgnlnst II1H defendant's kmf.., the
defendant threatened, "[1on'l !!ven try ,101' I WIll slit your throat",
Feal'1ng for 11I!r safl,'y, Iho r.i" ld r"n f,om Iho tllsidenc." During this
inclllont tilt! dHf,;ndllnl's "'Sle, ',fillE>d 011101 Ih.. p1cl1111iff e.plained the
si tllat 1011, Th" dt!f,,"da"l 1t""'In"; O""llgl'd itl Ill.. pl"il1l i If find Ilgain went
nfler the pli'l1111;!f WId ''',,,,,",,;d III I".., 1"llil19 h", tltnt, "WllIlI goes 011
Hl thi~, hn\JSf~1 stilYS in 01;':';' hnusp'" Tllf~ d(~fpfldf:tn1 thel1 c:nRle fiftH" thp.
plAitlt iff ilIHJ plIfldlf-d IH~1 ,it ro',s Ow top nf he,. hHild. lhH dp-ff~ndRnt 's
!,is1f~, cnlh~d flw Ci-ulp.;lt!o pnlH,I', wh) fin lVIli1 shortly 1hl'lf'nftrn. As ii
result of till' defendllnt'r, IllJlJse, the plllint iff slJffered somes!; IlbolJt
her helld Ilnd IJndy Ilnd a hhJhen IJ leX'ld vesse 1 111 Iwr I l! f t !!YtJ.
c. On or arolJnd March 17,1995, the defendant lmcwne an\Jry with
the plaint i ff and punched her in thl! fllct> , causiny her no:;!! tn bleed.
d. In addi t ion to th!! above speclf ic instAnces of ablJse, tI)l!
dp-fendant has, nn at least fOiJI' occaSll1ns, thn!fltellHd to hi 11 the
plaintiff and the child, boastiny that he could hill them and would only
get six months 111 Il Jai I heclllJsl! he is il Vl!teran and could claim he WIlS
havin9 a "f 1 Ilshblld " . In Ilddi t ion, the defendllflt l'I!fuses to lellve the
residenctJ, desplto thl! fact thill thl'! dflfendant is nil 1 on the lease Ilnd
noes not hllvtJ aull.ol i/at ion tn 1 ive there.
7. On nt' about MIlY 24, 1'195, the plaintiff Ilnd the child left their
residence at 154 1/2 N. Lincoln Streel, CarlisltJ, Cl1Inberlllnd CAllJnty,
Pennsylvania, in order tn avnid flJrthur ablJse.
8. Tflf! plaintiff ueli'lves and thel'efore avers that she and the child
al'e in ilTV1lenill1e and llf'esl!I1t danY'!l of IlhlJse from the defendllllt shnlJld they
leturn to the honm without Ih" def...ndanl's e,cllJsionllndlhat they aI''' in need
nf prot"ct ion from such nulJs....
9. Tim plllinliff (j"si",s that th" def,>ndnnl b" p,ohibited from having
any dinlcl 01' indirf'ct '-'''llllcl wl1h thn pla1l1tlff or the rhild 1I1clurliny, but
not 11m1t811 101 tHlpphnllp and WllttPll UlnIl1111111f:,lticIIlS.
10. Th,. plaIntiff d"s",.,; thill Ihe df'(,,'nd,mt I". "11)"lIlf'll from
harassing find sl1l1l-1n9 111f' "lllllll1ft, "''', ("",, hll'llsslI'9 the plainliff's
IHllttlV~~";', nt" thH child.
11. TIm plflllJf1ff df-l<.:;l'Pr., '"dt ttH~ dHtflrHfallt tlf-~ U~l:.,t'-n;nl?d from
141ItfII1l1~~ hPI '~chqnl (II tbp ~dlq,)1 llf ttH'dlild,
12. The p11lintiff d,'s1I'Ils Ihut the defendant bll enjoined from
removing, damaging, destroying or 51l11ing any property owned Jointly by the
parties or owned sol1l1y by the plaintiff.
13. The plaint iff (jps1re5 that any weapons the defmlllant owns,
possesses, and has used or threatenll(j to use ugll1n~;t till! plaintiff or the
child be confiscated by the Sheriff's Oepartmpnl.
R. FXClW!VFrU,SE&'>Joti
14. The apartmpnt from which the p1nint I ff is asking the Court to
exclude tho dllfenrJanl is ",,,,ted in the nilmes of the [llaint iff and the chi 1d
and the defendant '5 nfillle is nOI on the leuse.
15. The plaintiff d(!SlreS posr,ession of the apartment so ilS to glVe
the grl!atpst dHgrpll of contim,ity to thl! 1 if(l of the chi 1<1 and to allow her to
continue her educat ion at I\ln school and to "mt inue hilI' SdllX11 I1nd social
act ivi ties.
I. OrcJllring 1I11l d,,'pndant In ,,,f'ilin f,nm abUSIng the plaintiff
ot thf' cldld tll pli-1C111Y UU.\1Il '11 fPr-H nf IlhwH;
? OldpllllY HIP df-dp'Hidllt tll 1.-fl(\lll flom hnVlfllj illlY dl,...ct 01
c. AlTOONEY F{El)
16. The plaintiff asks that lbe defpndanl be ordllred to pay reasonable
attorney fees to lllga1 Serviclls, Inc.
WHEREFORE, pursuant 10 the pl<1visinns nf tlu' "Protection trom Abuse Act"
of October 7, 1976, :'1 P,S. !i h1()1 et seq., as alllf"llled, Ihe plaintiff prays
tbis Hanorab1.. r,)Il' t to 9' Allt Ill.. t,,11nvnn\l rpl wI:
A. G'A11t 11 lellll~lfil' y O,df" pllu,llalll tn tll.. "p",tl'(11011 f,om AbllSf'
Act: "
indirect contact with tho plaintiff or tho child including, but
not limited to, tlllephonll and wntt"n communications;
3. Ordering the (jpfendant to refrain flOm hlll'ass;ng and
stalking the plaintiff and flom hal'ass;ng Ihn plaintiff's
rlllat Ives and tlm child;
4. PI"hi bi t , ng the defellllnnt from ent'H ; ng tile pIa i nt iff's
schoo 1 and the 5( hoo 1 f ac I 111 y of 1111. c111 I d;
5. Prohibit,ng thl! dofendant from I'llmoving, damaging,
destroying 01' 5el1111g pl'Oplll't> Jointly owne(j by the parties or
owned soleI y by I he plnint iff;
6. Grant ing possession of the apal'lment locnt"d at t54 1/2 N.
Lincoln Strlllll, Carllsle, Cumberland Counly. Pennsylvonia, to the
plaint iff tn the t',clusHln of the rlef,!ndont pending il finnl order
in lhis matte, ;
7. Onlpnng the defendant to stay awny from any /l'sidence the
plaintiff may ;n th,! futu,,' nstabl;"h fo, 11I?Is"lf;
8. O,der;ng the defendant to rplinqu1sh to the sheriff's
rlepartment 'he followin'] w,'ilIKl!1: P1C~FT kl-llFF which he owns.
poss.?sses 01 1\115 IIspd')I 1I11palen,,<I tn US" against the plaintiff
or Htp. (1l11d, and pI ~ ,lnil, t jllu t tH~ dHft~l\dnt\t fl DIn acqul r log or
pl)l;.,SP!_;;;~ln'J '-llly nthpl WfJapntl'-i fr', thp lhJllitlOIl of 1t1l-~ order.
(l, Sl.tH..~dulH H ht'fi! illY 111 (:tC, (Ifdall(f~ witl1 tho ptrJvl~,lnlh of the
"Protection flOll1 A1HJ'-,p Alt," (lIlli, 1l1tt~1 ~',Ull\ ItP,111IllJ, entpI' all Older to
be H1 Hffpf.1 fl)f i1 PPllllll of nlH' )'piil'
1, ()ld'~llt\'J tltp dpfHlIl.ltlt tl)" {',"ll t';)ff! dhl'-lllg tho plflil1ti1f
I" tllP 1111111 (ll 1,1iH 11l<J tllt'nl 1f' t",t' 111 tllllL,,---;
2. Ordering Ihe defendllnt to refrllin from hrwing Ilny direr.t or
indirecl contacl wlth the p1aint1ff 01' Ihe child Including, but
not limited to, telephone and written commlJl11cations;
3. Orderiny the defendant 10 refrain from hllrassing Ilnd
stalking th,! plallltjff Ilnd from hllrassing tlm plllintiff's
rill lit lve'; and Ihe chi 1d;
4. Plohibi I in9 th.! deftmdanl trom enlering the plaint1ff's
school and Ihe school facility of Ihe Chlld;
5. Prohibiting the defendant fr'om /'I!moving, damaging,
destroying 01' selling ploperly jOHllly owned by the parties or
owned solely by tile p1Ilinl1ff;
6. Grllnlill9 possession of the apartmenl located Ilt 154 1/2 N.
Lincoln Stleel, Carlis11!, ClJmberlnnlj rAlunty, Pllnnsylvllnia, to the
plaint iff tn the eH lW;1on of till! defendanl pending a final ordBJ'
in this malter;
7. Orderll\g till' def.mdllnl to stllY i1WIlY flom any residence tile
p111int,ff may in the fulul'!! establIsh for herself;
B. 0"le'1I1g Ihe defendll111 tl) rel111qulsh tn the sher1ff's
department till! folllll'l1l1g w"apon' r'CC~FT ~Nlrr which 1m owns,
pclssesses \11 hilS tJ';pd or tllfe,11p.tH~d 10 USA agilinst tho plaintiff
ot the (tll1d, ltnd pldllh;ti'\~J ttm dHfenrl<lllt frl)fn rtcqlJlrltlg or
pOSSl-!S'Slllglltlynthfll Wf~ilJ)i}tl'-' fnl the 11uIIltlnnnf thf~ order.
q, Ordf~llllY nu~ (jpfpl\dnnt tl) pny tpaSlllldblfl {1,ttotney fA€S to
Lege 1 ~',el v lll?". I III ,
The plllnl\ i If fIll till" il'ol,', lilill tI\1" PI" 1 I )('11 I", f lll!d and ';Hlved
without prt!~pn)-l1lf'"1 ~1f tPH~. hY' fht-:" pL1111t 1ff, imd thftt \ mt 11'lp!1 (,nplH5 of
The abnve-namod Plnintiff, LUCilLE M. GORDON, verifies that
the statements mad" in thu Above Plltitlnn lilt! true Ilnd cor'rect.
Plaintiff understands that false statements hereIn ale mode
subject to the pennlt illS of 18 Po. I..R. ~4904, relnting to
unsworn falsificatIOn to authorities.
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GORDON, Plaintiff
LUCILLE M. GORDON,
Plainliff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
lilt her~c1f and on hehalf of
SI'IANINE MASON. a minor,
vs.
'i5-2!!?!! CIVIL TERM
GEORGE 1'. JOHNSON,
DelCndant
pROTEcnON FROM ABUSE
ORDER
AND NOW. Ihi~ ;Z ,-;1 day of June, 1'i'i5, it appearing Ihatlhe whereuhuuts of Ihe
defendanl arc currenlly unknown. hearing herein i~ continued generally with leave 10 Ihe plainliff
to rC'lue~t a hearing when the defendant can he ~crved.
The Temporary Protective Order ~hall rl'nHlin in ciTed for one year llr until modified or
terminatl'd hy Ihc court aftcr notice or h,'aring,
Certified Cllpie~ of thi~ order for l'Onlinuanee will he provided to Ihe police deparlment
where the plaintiff live~ hy the plaintiffs attorney,
BY TIlE COURT,
:LD: ' rilL
Keviu'A. Ile~~, J.
/
Joun Curey. Esquire
For the Plulntiff
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.
.
LUCILLE M. GORDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
for herself and on behalf of
SHANINE MASON, a minor
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-2B78 CIVIL TERM
GEORGE P. JOHNSON,
Defendant
PROTECTION FRm~ ABUSE
MOTION FOR CONTINUANCE
The plaintiff moves the Court for an Order rescheduling the hearing in the
above-captioned case on the grounds that:
1. A Temporary Protection Order was issued by this Court on ,May 26,
1995, scheduling a hearing for May 30, 1995. at 3:00 p.m.
2. The Carlisle Police Department served tha defendant with a certified copy
of the Temporary Protection Order and Petition for Protection Order on May 27, 1995,
at approximately 9:30 a.m. at 145 1/2 Lincoln Street, Carlisle, Pennsylvania.
3. The defendant has contacted Legal Services, Inc. and wishes to settle
the case by signing a consent agreement, but cannot execute It bafore the hearing
date.
4. Tha plaintiff Bnd defenuant agree that the hearing be rescheduled In this
matter.
5. The plaintiff requests that the Temporary Protection Order remain In
effect until modified or terminated by the court after notice or hearing.
6. Certified copies of the Order for Continuance will be delivered to the
pollee department where the plaintiff lives by the attorney for the JJlalntlff.
WHEREFORE, the plaintiff requests that the Court grant this Motion and
reschedule this matter for hearing, and that the Temporary Protection Order remain
in effect until further Order of Court.
Respectfully submitted,
/' ~ '
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Joan Carey ,
Attorney for Plaintiff
LEGAL SERVICES, INC.
B Irvine Row
Carlisle, PA 17013
(7171 243-9400
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INSTRUCTIONS TO THE DEFENDANT
As you know, the plaintiff hils filed a legal action against you under the Protection
From AbusL Act /lnd hils obtained a Temporary Protection Order. The plaintiff is prepa red
to hllve /I hearing held in order to obtain a final Protection Order effective for one (I) year.
As nn alternative, you may consent to the entry of the l1nnl Protection Order to he in
effect T','< ': ' , '~"r. If you arc willing to consent you _
Ct Legal Services, Inc. In
Carlisle at 243-9400, 766-8475 from the West Shore or 530-5866 from ShlppenslJUrg, and nsk
to Ilpenk to the staff person handling tbl case a:'c,,,.. a o:'i'''''.![ ^~reement.
The Consent Agreement should be prepared before the time scheduled for the hearing
so the Court will know ahead of time that the case will not be contested. In some cases,
regardless of whether a settlement by Consent Agreement hns been reached, the parties
must appear in court at the time scheduled for hearing. If the case is uncontested, the
court appearance will be brief. The jUdge will make sure the parties understand the
Consent Agreement and final Protection Order.
If you do not agree to the entry of the final Protection Order, a contested hearing will
take place at the schedUled time. When.l final Protection Order is entered, it will be sent or
given to you, the plaintiff, nnd the IIppropriate pollee departments. If you fail to abide by
the terms of the final Protection Order you will be subject to immediate arrest, and 1\ fine of
S100.00 to SI,OOO.OO Md/or Ii jail s"",tIlOlce of up to six months and other relief.
FEES ANlJ COSTS
If the case goes to henrinll' 11'." the jUdge grants 11 Protection Order, a 5urcl.a 'gl' of
S25.00 will be assessed agninst you. You mal' nlso be required to pay attorney fees to Legal
Services, Inc. for their representation of the plaintiff.
YOU SI/OUtll TAKE TillS PAPEIl TO YOllll LAWYEIl AT ONCE. IF YOU 00 NOT I/AVE A
l.AWYEIl 011 CANNOT AFFORD ONE, GO TO 011 TEl.EPIIONE TIlE OFFICE SET FORTII OEl.OW TO
FIND OUT WHElm YOU CAN GET LEGAl. IIEl.P.
COllRT AIlMINI STRATOR, 4th FLOOIl
CUMJ\EIlLf\NIJ 'COUNTY COllIlTI/OI1SE
CAIlUSLE, PENNSYLVANIA 17013
l'EI.EPlfoNE NIIMJ\EIl: (717) 24[)-1J200
LI!CIAL IIIlWB. INC.
. IlMNE IIOW
CAIllJSU!, PlNNIVLVANlA 17013
1717114H4OO
fix (7171 JANOat
WIll Sholw (717j7lH471
8/IIfIpel....rg 17171 ~
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.
The defendant is enjoined from harassing and stalking the plaintiff and
from harassing the pla1l1tiff's relatives, or the child.
The defendant is enjoined from entenng the plaintiff's school or the
school of the chlld.
The defendant is enjoined from removlng, damaging, destroying or selling
any property owned jointly by the parties or owned solely by the plaintiff.
A violation of this Order may subject the defendant to: i) arrest under
23 Pa. C.S. 66113; ii) a privale criminal complainl under 23 Pa. C.S. 66113.1.
iii) a charge of indirect criminal contempt under 23 Pa. C.S. 66114,
punishable by imprisonmant up to six months and a fine of $100.00-$1,000.00;
and iv) civil contempt under 23 Pa. C.S. 96114.1. Resumption of co-residence
on the part of the plaintiff and defendant 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 finds that the defendant has commi tted another act of abuse or has
engaged in a pattern or practice that indicates continued risk of harm to the
plaintiff.
The defendant is ordered to relinquish to the sheriff's department the
following weapon which he owns, possesses, has used or threatened to use
against the child: POCKET KNIFE and the defendant is prohibited from acquiring
or possessing any other weapons for the duration of this Or,der.
,
A hearing shall be held on this matter on the :~:i'~[~ day Ocofu'r;::::t"'h>o:~s('e/, '
1995, at ')' (1 C /:m., In Court room No.:~., Cumberland County
I
Carlisle, Pennsylvania.
The plaint iff may proceed wi thout prB-payment of fees pend1l1g a further
the plaintiff or has placed the plaintiff 1n reasonable fonr of imminent
serious bodi ly injury, and has know1llg1y ongaged in a courso of conduct or
repeatedly committed acts toward the plaintiff and tho child including
following the plaint iff, wi thout proper authori zat ion, under ci rcumstances
which have placed the plaintiff in reasonable fenr of bodi ly injury. ThlS has
included, but is not limited to, the follow1l1g specific instances of abuse:
a. On or about May 23, 1995, the def&ndant screamed at the
plaintiff and threatened to punch the plaintiff in the meuth.
b. On or about Apri 1 14, 1995, the defendant screamed at the
plaint 1 ff, followed her about the house and punched the p1ainti ff across
her face, causing her to slam against the refrigerator and fall to the
floor. When the plaintiff managed to get up on her feet the defendant
punched the plaintiff across her left eye, causing her to fall to the
floor again. Whi 1e the plainti ff was on the floor, tile defendant pushed
her wi th his foot. The defendant went into the child's room, screamed
at her, tell ing her to "straighten herself up," whi 1e pulling out his
long pocllet kni fe. When the chi 1d attempted to grab a small vase that
was in her room, to pmtect herself against the defendant's l<nife, the
defendant threatened, "Don't even try 1 t or I wi 11 s 1 it your throat".
Feanng for her saftey, the ct111d ran from the residence. During this
inCldent the defendant's sls1er called and the plaint iff e)plainec1 the
sltuation. The defendant became enraged at the plaintiff and again went
aftar the plaintiff and scr"amed at her, telling her that, "What goes on
111 this house, stays ;n ttl1S house'" The defendant then <eame after the
pla1l1tiff and punched her across the top of her head. The defendant '5
51st.", called the CarlIsle polIce, wh" ilnl"",j ~hortly tlwreaft.H'. As a
result of the defendant's abuse, the plaintiff suffe/ed sorness about
her head and body and a bt.oken blood vesse 1 in her 1 ef t eye.
c. On or around March 17, 1995, the defendant became angry with
the p1/1intiff and punched her in the face, causing her nose to bleed.
d. In addition to the above specific instances of abuse, the
defendant has, on at least four occasions, threatened to kill the
plaintiff and the chi ld, boasting that he cou1d ki 11 them and would only
get six months in a Jail because he is a veteran and could claim he was
having a "flashback". In addition, the defendant refuses to leave the
residence, despite the fact that the defendant is not on the lease and
does not have author i zat i on to live there.
7. On or about May 24, 1995, the plaintiff and the child left their
residence at 154 1/2 N. Lincoln Street, Carlisle, Cumberland County,
Pennsylvania, in order to avoid further abuse.
8. The plaHltiff believes and therefore avers that she and the child
are in immediate and present danget' of abuse from the defendant should they
teturn to the home wi thout the defendant '5 exclusion and that they are in need
of pt.ot ee t ion f rom such abuse.
9. The plalfltiff desires that the defendant be prohibited from having
any direct or indirect contact with the plaHltiff or the child including, but
not 1 i mi t ed to, tel E'phone an,1 WIlt ten commun i cat ions,
10. The plaHlt i ff ,j"5I1es that thl! defendilnt be enj01ned from
hiltl'lsslt\g iltld 5ta1l,;ng thl! plalnt1ff, and from harasslng the plaint1ff's
, ...ll1tIVBS, DI th... chi ld.
11. Tho plalntiff ,j"SIIBS that the defenllant be restrnined from
f~,ltf-H "1\1 tUH sfhool fir Ow SLtKX) 1 of 1hu ctnld.
12. The plaintiff desires that the defendant be enjoined from
romoving, damaging. destroying or selling any property owned Jointly by the
parties or owned solely by the plaintiff.
13. The plaintiff desires that any weapons the defendant owns,
possesses. and has used or threatened to use against the plaintiff or the
child be confiscated by the Sheriff's Depat-tment.
B. EXCLUSIVE ros5ESSION
14. The apartment from which the plaintiff is asking the Court to
exclude the defendant is rented in the names of the plaintiff and the child
and the defendant's name is not on the lease.
15. The plaintiff desires possession of the apartment 50 as to give
the greatest degree of continuity to the life of the child and to allow her to
continue her education at her school and to continue her school and social
activities.
C. ATTOONEY FEES
16. The plaintiff asks that tile defendant be ordered to pay reasonable
attorney fees to Legal Services. Inc.
WHEREFORE, pursuant to the provislOns of the "Protection fl'Om Abuse Act"
of October 7, 1976, 23 P.S. !i 6101 at ?e<]., 85 amended. the plaintiff prays
this Honorable Court to gl ant the following rel ief:
A, Grant a Temporfll'y Order purr,uan! to the "ProtHctlon from Abuse
Act; "
1. Ordenng Ille nofenejant to IHfroll' flo/ll abuslng the plaint iff
or !tm ctll 1<101 plilCll1\! !twO! 111 1"'11 of allure;
2. Ordel1ng tile delHldilll1 to ",flillll 110m IHlvlng ilny cJilOcl or
indirect contlid with the pleintiff or the child including, but
not 1 imi ted to, telephone and wri tten communications;
3. Ordering the defendant to t-eft"ain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives and the child;
4. Prohibiting the defendant from entering the plaintiff's
school and the school facll ity of the chi ld;
5. Prohibiting the defendant from removing, damaging,
destroying or selling property jointly owned by the parties or
owned solely by the plaintiff;
6. Granting possession of the apartment located at 154 1/2 N.
Lincoln street, Carlisle, Cumberland County, Pennsylvania, to the
plaintiff to the exclusion of the defendant pending a final order
in this matter;
7. Ordering the defendant to stay away from any residence the
plaintiff may in the future establish for herself;
8. Or-dering the defendant to relinquish to the sheriff's
department the following weapon: PJCKET KNIFE which he owns,
possesses or has used or threatened to use against the plaintiff
or the child, and prohllJlt,ng the defendant from acquiring or
possessing any other weapons for tile duration of the order.
B. Schedule a hear i ng in accordance wi I h I he prov is ions of I he
"Pt-olecl ion from Abuse Acl," atHJ, after such hearing, enter an order to
be in effecl for a panod of one year:
1. Ordenng the defendant 10 r-efraln from abus1flg Ihe plaintiff
or I he ct" 1 d or pI ae Hl9 them 11' fear of abuse;
2. Ordering the defendanl to refrain from having any direct or
indirect contact with the p1altltHf or the chi ld including, bul
not limited to, telephone and written commul11cations;
3. Ordering the defendant 10 refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives and the child;
4. Prohibiting the defendant from enlering the plalntiff's
school and the school facility of the child;
5. Prohibiting the defendant from removing, damaging,
destroying or sell ing property jointly owned by the parties or
owned solely by the plaintiff;
6. Granting possession of the apartment located at 154 1/2 N.
Lincoln Street, Carl isle, Cumbet-1 and County, Pennsylvania, to the
plaintiff to the exclusion of the defendant pending a final order
in this matter;
7. Ordering the defendant to stay away from any residence the
plaintiff may in the future establ ish for herself;
8. Ordering the defendant to relinquish to the sheriff's
department the following weapon: PJCKET KNIFE which he owns,
possesses or has used or threatened to use against the p1amtiff
or the chi ld, and prohiblling the defendant from acquiring or
possessing any other weapons for the durat ion of the order.
9. Ordenng the defendanl 10 pay reasonable attorney feBs to
Legal Services, Inc.
The plaint iff further as~s Ihat tillS Pel i t lOn be fi led and served
withoul pl~-paymenl of fees by tI'e pllllt,tiff, and Ihal CStl1f;s[j copies of
this Petition and Order be delivered to the appropriate police department in
the area where the plaintiff lives.
The plaintiff prays for such other relief as may be just and proper.
Respectfully submitted,
-J ~<U-L
Carey, Attorney f
lEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named Plaintiff, LUCILLE M. GORDON, verifies that
the statements made in the above Petition are true and correct.
Plaintiff understands that false statements herein are made
subject to the penalt ies of 18 Pa. C.S. 64904, relllt ing to
unsworn falsification to authorities.
Date:
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LUCILLE M. GORDON,
FOR HERSELF AND ON BEHALF
OF SHANINE MASON, A MINOR,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
95-2878 CIVIL TERM
GEORGE P. JOHNSON,
Defendant
PROTECTION FROM ABUSE
IN REI CONTEMPT
ORDER OF COURT
AND NOW, this 8th day of February, 1996, the
defendant having appeared in open court and admitted that he is
in indirect criminal contempt of our protective order, he is
thus adjudged.
Sentence of the Court is that he pay the costs of
prosecution, and that he undergo unsupervised probation for a
period of 90 days, on condition that he abide strictly by the
terms and conditions of the order entered June 8th, 1995.
By the Court,
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Kev~n A. Hess, J.
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William I. Gabig, Esquire
Assistant District Attorney
(' . <L '--I. '.I. ".'-.....(.- ..l.
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Timothy L. Clawges, Esquire
Assistant Public Defender
Sheriff
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LUCILLE M. GORDON,
Plaintiff
IN 'rilE COUll'l' OF COHMON PI,EAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-2B'lll CI VI L 1'ERM
GEORGE P. JOHNSON,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
QR!llill.ill" COUln
AND NOW, this .1i!.!...' day of ,-'anual-y, 1996/ this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable cause for the issuance of
process. In consideration of the attached CouulIonweal th / S
petition, the defendant, GEORGE P. JOIINSON, is directed to appear
for trial on the charge of Indirect Criminal Contempt before the
, r I
Court on the ..L- day of ",..,.. ,. , , 1996 at ..'_~___ a/clock
,
+ .m. in Courtroom # :..L of t1w Cumberland County Coul.thouse,
Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot af ford an al tOI'ney, upon l"f~quest one wi 11
be assigned to represent t.he dBfenuant. If t1m dBfelldant wisheR
assignment of counsel/contact should llf! made pr ior to trial with
the Cumberland County Public Defender's Officft at 117-240-62115.
Further, if the defendant fails to 8ppBBI/ 811 arrest warrant will
be issued.
The Sheriff of Cumberland County is dilected to serve this
Order and Petition upon the defendant. Tlw Bfloellllmellt of costs
to be determined by the Tdal .Jl.dql' SUhSeqlJr'lIt to trial.
Ill' the COUll /
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Kev i II Ie HeSB
J.
'I'homas A. Pl/lcey, Esquin' 1"'"''/''/1'''
Senior Assistant Distr i ct At \ 11llllfy
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GEORGE P. JOHNSON
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LUCILLE M. GORDON
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-2878 CIVIL TERM
GEORGE P. JOHNSON,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this day of January, 1996, this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant,
GEORGE P. JOHNSON.
If the defendant is found during normal Courthouse hours,
the defendant is to be brought immediately before the Court. If
not found during Courthouse hours, the defendant is to be taken
to the on-call District Justice and bail set pursuant to the
Rules of Criminal Procedure. Furthermore, after appearing before
the District Justice the defendant is advised to appear before
the Court Administrator at the open of the next business day.
Defendant has a right to be represented by an attorney. If
the defendant cannot afford an attorney, upon request one will be
assigned to represent the defendant. The aseessment of costs to
be determined by the Trial Judge subsequent to trial.
By the Court,
Kevin A. Hess
J.
Thomas A. Placey
Senior Aasistant District Attorney
GEORGE P. JOHNSON
LUCILLE M. GORDON,
Plaintiff
IN TflE COURT OF COHMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-2878 CIVIL TERM
GEORGE P. JOflNSON,
Defendant
CflARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTfl'S PETITION FOR A flEARING ON CflARGES
OF INDIRECT CRIMINAL CONTEMPT
Thomas A. Placey, Senior Assistant District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The defendant's violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests thE! filing of an Indirect Criminal
Contempt charge upon information received.
4. The District AttorneY'H Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a trial on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113.
6. The plaint if f and the defendant may seek modif ication
of the Order based on the filing of this petition as the Court
deems appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. S6117.
WIlEHEFOIIE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Hespect
ed,
Tho lae
Sen or
District Attorney
6. The defendant is excluded from the plaintiff's
rsaidence located at 154 1/2 Llncoln Street, Carlisle, Cumberland
County, Pennsylvania.
7. The defendant is ordered to stay away from any
residence the plaintiff may in the future establish for herself.
8. This Order shall remain In effect for a period of one
year or until modifIed or termlnated by the Court after notice or
hearing and may be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or has
engaged in a pattern or practlce that indicates continued risk of
harm to the plaintiff.
9. This Order may subject the defendant to: i) arrest
under 23 Pa. C.S. 66113; ii) a private criminal complaint under
~3 Pa. C.S. 66113.1; iii) a charge of indirect criminal contempt
undor 23 Pa. C.S. 66114, punishable by imprisonment up to six
months and a fino of $100.00-$1,000.00; and IV) civil contempt
undor 23 Pa. C.S. 66114.1. ResumptIon of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
10. The Carlislu Police Department shall be provided with a
certified copy of this Order by the plaintiff's attorney and may
enforce this Order by arrsst for 1tld"ect crltnlllal contempt
WIthout wan'ant upon Iltobahle LaUBO that UllS Order hao been
violated, whether or not t.he violl'ltlon 18 committed in the
presence of t.he po 11CS of fleer. III the event. that an arreot i B
made under this slletltlll, t.hu clllflllllJl'lnt ahall hll taken without
CI1IMINAL COMPLAINI
(POLICE)
coMpU1Nf NuMoEh.--- rEAn~=VPE
Cumpliltl\l NUllIbt!ls II Olllt'f PlllllclJllll1lS
Paul II CmTc.l1
DISTRICT JUSTICE
MAGISTERIAL DISTRICT NO. (l')-~-()I
1 Collt.thouse SqullLe ^"Ilf')\
Cadisie,l'l.. 17013
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IINCIDENT NUMBER lueR NO,
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III II NllAtJl
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COMMONWEALTH OF PENNSYLVANIA
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George Phillip Johnson
72 W. Lnuther ST. lIj)t
Carlisle,Pa. IRX 17013
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SSN:
7-26-53
201-43-5600
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or sell any propel.ty owned by the plaintiff. In that the defendant did take into his han4iS a
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COMMONWEALTH
I N THE COUH1' OF COMMON PLEAS OF
CUMBEHLAND COUN'I'Y, PENNSYLVANIA
V.
GEORGE I' JOHNSON
TERM" NO.
1995-52878
CHAHGE:
CASE TRANSFERHED
FHOM CIVIL DIVISIO
OTN: AFFIANT:
I N HE: RULE TO SHOW CAUSE
OHDEH OF COURT
AND NOW, June II, 1997,
in consideration of the attached
petition, the court issues a Hule to Show Cause on the defendant why
he should not be adjudged in contempt of court for failing to pay the
sums set forth in the petition.
The Hule is returnable and the hearing shall be held on
July II, 1997
at 9:30 AM in Courtroom No.4,
of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
Service of the petition to be made on the defendant by Certified
Mail"'.feturn Receipt Requested and by regular mail.
By the Court,
-.;
./l14
District Attorney's Office
PUblic Defender's Office
Probation Office
/
/
,
,
t
COMMONWEIIUl'II
1 N 'I'IIE COUII'I' OF COMMON I'l.EAS OF
CUMBERLIIND COUN'I'Y, pENNSYINANIA
V.
GEORGE I' JOIlNSON
'I'ERM " NO.
pROB. NO.
CIIIIRGE:
1995--52878
36361
CIISE TRANSFERRED
FROM CIVIL DIVISIO
OTN: IIFFIIINT:
IN RE: pETI1'ION 1'011 RULE TO SIlOW CAUSE WilY 'I'IIE DEFENDANT SHOULD
NOT BE IIELD I N CONTEMPT OF COUR'I'
AND NOW, June 11,1997,
the Probation Office of Cumberland
County, respectfully petitions Your Honorable Court to issue a Rule
why the defendant should not be held in contempt of court,
The defendant has failed to comply with the Court Order dated
2/08/1996.
The defendant has failed to:
1. Report to the Probation Office in person at the time and date
set by the Collections Officer.
2. Make regular payments on the fines, costs, and restitution as
agreed.
3. Other:
The defendant has agreed to pay
$20.00 per month.
Date last paid was 4/22/1997.
1'he balance is
$30.00.
I verify that the facts set forth In this petition are true and
correct to the best of my knowledge or information and belief. This
verification Is made subject to tbe penalties of section 4904 of the
Crimes Code (18 Pa. C.S. @4904) relating to unsworn faislficatlon to
authorities.
Respectfully submitted,
I'et(tloner~~-
COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
95-52878 CRIMINAL TERM
CHARGE I INDIRECT CRIMINAL ./
GEORGE P. JOHNSON CONTEMPT
IN REI DEFENDANT ADMITS CONTEMPT
ORDER OF COURT
AND NOW, this 16th day of July, 1996, the
Defendant, George P. Johnson, having been brought to court on a
contempt petition, together with the Public Defender, Arla M.
Waller, Esquire, and the Defendant having admitted the
allegations of the petition, we do find the petition to be
supported beyond a reasonable doubt.
Having so found, we take away any street time the
Defendant has earned to this point, and we reimpose, in fact,
the sentence of February 8, 1996. In addition to that sentence,
the Defendant shall have this balance paid off within two months
of obtaining employment, and he says he will start employment
with Burger King today. He is released from custody.
By the Court,
J.
Travis N. Gery, Esquire
Sr. Assistant District Attorney
Arla M. Waller, Esquire
Assistant Public Defender
CCP
Islr
COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V
1995-52878
GEORGE P. JOHNSON
/
IN REI
BENCH WARRANT
ORDER OF COURT
AND NOW, this 14th day of June, 1996, at 10130
a.m., a bench warrant is issued for the arrest of the defendant.
By the Court,
William I. Gabig, Esquire
Sr. Assistant District Attorney
Probation Office
~.
Kev:\. ;;.
/
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/
,,) ;/ '-'-
Hess, J.
Ibg
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