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Home My WebLink About95-05345 . UI":... JUV: CASE ,J4::iJ 3 ad 'I CONTROL REPORH N ~ 48689 POLICE DEPARTMENT - LOWER ALLEN TOWNSHIP 1993 HUMMEL AVENUE CAMP Hill, PA 17011 717 763.7382 . H /7).l.. DAlE 1n.7 HOUR NTH DAY CAIMlIlNelDENT BETWEEN {JOi'\es !,~ AND TIME 11).J. MUNICIPALITY CCUNN ~rlqnd CODE AT LOCATION ... HOME ADDRESS C..."SI.11 < P.... VICTIM LIIIN.mt LOCAL ADDRESS A x L11 , . H PERSON '~EPOR'INQ CRlt.lE1INCIDENT 'ES MI ADORESS HOME PHONE "". 3"'" 7 "r I'; - WORK PHONE YEAR M,UE LaIIN'IN fllll ....EAPONr.rIOOL VALUE Cu".ne,. Nol.., fIe ...Iry a PflClOIII Mttall STOlEN PROP v.noei, CIOlI'tI~.F~1 OrtlU Equlpmenl FII,.,m. HoUMhoid 000d1 Con.um.~ QOOd' llv.tloc~ TV, R.dlO. $,.,.0 M,SC.llaneoul Total Valu' 610l'n TOlal Val'" ~I~ Dam.ge. SUSPf,CT NAMllALlASI la't N.me F"II toll 6USPECTNAUElALlASl L.IINama 'If II 008 ADE RACE ... PHONE OOB ADE RACE ... PHONE AOORUI AOORESS NA I Of WITHE S PHONE NAME OF WI NUS PHON ADORElS "ODAUS E"PLOYlA . SCHOOL PHONE EMPLOYlR. SCHOOL PHONE NARRATIVE _ -___A ~J Lt,'~tl J _:>'t\lV"d;.L_.:r;!J/c'-vcd:(illA.~%Lc.d(a".,j{c Hr.ULJ)~hd. ~ U:]J-1--!!If1.~~-1~.$- _____@__ OK1CcJ:__A},'el~~t.JfLd!.iflf51h:('kl" t_ o.cJ.j'-W,._Qli,,...JJy~tw",~.--- ~ _Oh-SoB-- 'U_ ~t J 1 ~ '?,1IfI._.cflic.ecAftfIrCYIY-'t .L~uf2rU1_ded_io_G_d cmu_tJ''--'--SlL .:;t __th~__c;bc...~_lo (.. t IOn._ Tfm y. _~ 11 ,LJ C'i c.KI'L_h'3d__<?1.be.',_k d.s(9~~lLt _'l.l'd__ nJ",r;k l.e.s k thee ,O,{/;p.i ,__-+:1':" f,:L_1:ILl'~.Jf[.Yf,'!fe_- _OKtq"I~.,'~_sLc,yl~.9_~ r _'lhe..res/lt1'C1! .. .be.h,ct!-goil'ly .bQ c.k__fA_j?l,I.1!./~L/bJ~ J'!1 c/'---t"-'__-!CJ!y_~",lIesLbe..cq~5L.ALJ,~' ,110 t: _W C,11 f: OKI:.~,,'/1'1 vp/~,____.____________ - .-------.---------------- lJAel\ I C,Yr"I'VtJ _ __OkLc'l ..Jmc{ t.Jr~"?I1C Lthe(f.:r~/'~ke.-I.V/'th hot/, I do/do not wish to plOsecute on this Incident s.q".~', (VIEWED BY DATE OF REPonT CAU OISPOSlIION PAOE _/__0,:2- OffICER 5IGNATUR[ -~4-'lJ ____C/JL.. OFflCiR NAUE (\,. t'r.Or" U\PD.' (719'1 ,,'OOE. 1d-26 ~ MI. SUPPLEMENTAL REPORT _ CONTINUATION PAGE ~ POLICE DEPARTMENT LOWER ALLEN TOWNSHIP 1993 HUMMEL AVENUE CAMP HILL, PA 17011 (717) 763-7382 CASE II 9.3--JEtJdt( CONTROL REPORT lI'-IIr'~ VICTIM/COMPLAINANT - I CR. VICTIM'S NEW ADDRESS: NEW CRIME IF CHANGED: "'oool. STOlEN PROP. VALue ADO'L. RECOVERED PROP, VALUE CURRENCY, NOrES, EfC VEHICLE CLOTHING a FURS OFFICI EOUIPMENT L1vtSrOCK T,V., RADIOS, SUREO MISCELLANEOUS CASE DISPOSiTION ~ REVIEWED SY PAGE::t OF OFFICER'S SIGNATURE ~ =h:'~ OADGE NUMOER Itf).G 7h ,'j1<<; J JACKLIN o. KOUKOUNAS, Plaintiff IN 11lE COURT OF CQt.MlN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- .53'15 CIVIL TERM TONY Y. KOUKOUNAS, Defendant PROTECTION FROM ABUSE I ~y ~I~ 0IlIHt AND NOW, this ~ day of October, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Jacklin O. Koukounss, now residing at 4518 Linden Avenue, Mechanlcsburg, CUllberland County, Pennsylvania, Is In IlIIIedlate and present danger of abuse frOll the defendant, Tony Y. Koukounas, the following Temporary Order Is entered. The defendant, Tony Y. Koukoun8s, (SSNI Unknown)(OOB: 9/22/61) now residing at 5312 Oxford Circle, Apt. 5, Mechanlcsburg, cumberland County, Pennsylvania, Is hereby enjoined from physically abusing the plaintiff, Jacklin O. Koukounas, or placing her In fear of abuse. The defendant Is ordered to stay away froll the plaintiff's residence located at 4518 Linden Avenue, Mechanlcsburg, CUmberland County, Pennsylvania, a house which is owned solely In the plaintiff'S name, to which she eoved to avoid abuse. The defendant 15 ordered to stay away froll any other residence the plaintiff may In the future establish for herself. The defendant Is ordered to refrain from having any direct or Indirect contact with the plaintiff Including, but not limited to, telepl~ne and written communications. The defendant Is enjoined from harassing and stalking the plaintiff and from harassing her relatives. The defendant is enjoined froll cntering the plainti ff's places of eeplo)'llent. The defendant is enjoined from rClaving, d~glng, destroying or selling any property owned jointly by thc parties or owned by the plaintiff. A violation of this Order MY subject the defendant to: i) arrest IUlIIer 23 Pa.C.S. 16113; iil a private crillioal cceplaint under 23 Pa.C.S. 16113.1; Iii) a char.., of indirect crlsloal conteept under 23 Pa.C.S. 16114, punlahable by illprlllOflEnt up to six Bontbs and a fine of $100.00-$1,000.00; and Iv) civil conteept under 23 Pa.C.S. 16114.1. This Order shall resain in effect untilllOdified or terllinated by the Court and can be extended beyond its original expiration date If the Court finds that the defendant has cosei tted an act of abuse or has engaged In a pattern or practice that indicates risk of harll to the plaintiff. The defendant is ordered to relinqUish to the sheriff's departllClnt hi. hIndaun, and the defendant is prohibited froll acquiring or possessing any weapons for the duration of this Order. at rv A hearing shall be held on this IIlltter on the /.3 day of October, 1995, :1..:rii> .11.11., in Courtroom No."L, CUmberland County Courthouse, Carlisle, , PennSYlvania. The plaintiff I18Y proceed without pre-payment of fees pending a further order after the hearing. The CuIIberland County Sheriff's Department shall attellpt to sake service at the plaintiff's request and without pre-payment of fees, but service say be accollpllshed under any applicable rule of Civil Procedure. Thill onler sh,,11 be docketed In the office of the Prothonotary and forwarded to the liherlff for service. The Prothonotary shall not send a copy of this Order to the defendllnt by 11811. Tho Inwer Allen TllWllHhhl snd Middlesex TOWllshlp Pollce [lepartlllDnts shall be provided with certified COllllls of this order by the plaintiff's attorney. This Order IIhllll be clIlfol'Cllcl by /Iny law enforcellClnt agency where a vlolat ion occurs by "rI'eHt for Ind I rect Crillllll,1 contempt without warrant upon probable cause thllt this Order h/lH bcen vlolatf'.l, whether or not the violation Is cOMllted In tbe prellllncll of the IlOlh.e officer. In the event that an arrest 15 udo, undllr thlll Hecllon, the defendant shall be taken without unnecessary delay beforo the court that Issued the order. When that court 15 unavailable, the dllfenchmt shill 1 bet t"ken before the appropriate district justice. (23 P.S. 8 61131. By the Court, Judge JOlin c/II'oy IJIW. 8J!RVICF.B, I~. Attornoy for Plaintiff JACKLIN O. KOOKOUNAS, Plaintiff IN THE COURT OF (.'()t.M)N PLEAS OF CUMBERLAND COUNTY, PF1mSYLVANIA v. NO. 95- CIVIL TERM TONY Y. KOUKOUNAS, Defendant PROTECl'ION FROM ABUSE 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 prompt Iy after this Pet it ion, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and present ing 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 judgllent IIIIY be entered againat you by the Court without further notice for any ~ney claimed in the Petition or for any other claim or relief requested by the plaintiff. You I18Y lose ~ney or property or other rights Important to you. FllIlS AND rosTS If the case goes to hearing and the jUdge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. 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 CUMIlERLANO COUNTY COURTIIOUSE CARLISLE, PENNSYLVANIA 17013 l'ELEPllONE NUMBER: ( 717) 240-6200 NDICANS WI11I DI8A8IL1TIF.8 N::r OF 1990 The Court of Common Pleas of Cumberland County is required by law to cOllply with the Amerlcsns wtth Olsabllit lell Act of 1990. For Inforllation about accessible facilities and reasonable accommodations available to dIsabled Individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. JAlXl./N O. KOUKOUNAS. I'llllnll ff IN 1lIE COURT OF <XJtf<<JN PLEAS OF ClNlERLAND COUNTV, PENNSYLVANIA v. NO. 95- CIVIL TERN 1U<< Y. KOIJKOlJNAS. llefendanl PROTECTION FROM ABUSE 8lIJTI<Jf RIll PIa1la1"1<Jf <IUD Rl!I.IllP lNIIlR 11tH PIlOI1lCTI<Jf FIllJI AIIlISE ACT, 23 P.8. . 6101 el aeq. A. AIIlISE I. Thu pl/llnll ff, Jllcklln o. Koukounas, la an adult Individual residing III 4!1/H 1.lndun Avenue, Mechanlcsburg, cu.berland County, Pennsylvania 17055. 2. The defendant, Tony Y. Koukounas. ISSN: Unknown)(DOB: 9/22/61). is IIn IIdull l.llllvlduIII residIng at 5312 Odord Circle. Apt. 5. Mechanlcsburg, l~.horlllnd County, PennsylvanIa, 17055. 3. The defendant Is the forler huaband of the plaintiff and the father llf the parties' child. 4. Since approxllllltely May of 1994, lhe defendant has atteapted to CllUNe, Ilnd has Intentionally, knowingly, or recklessly caused. bodily Injury to tl~ pllllnllff, hRS placed lhe plalnllff In reasonable fear of i..lnent serious 1~lly Injury, and has knowIngly engaged In a course of conduct or repeatedly cllMl Hed Rcls toward lhe plslnllff Including following the plaint iff without prllllllr Ruthorl1.Rlllln. undur c\ rcumslances which hsve placed lhe plalnll rr In reasonllble fear of bodily Injury. This has Included, bul is nol I ha it ed to. the following specific Instances of abuse: a) on or IIboul Seplember 30, 1995, the defendant went to the pllllnllff's plllce of employmenl and lold one of her co-workers that he Is going to "do a better job than O.J. did" on her. The plaintiff fears for her life. b) On or sbout Septellber 24. 1995. the plaintiff went out to her car In the IIOrnlng and discovered that all four tires had been slashed. The plaintiff. suspcc~lng that the defendant had vandalized her car after having followed her to her friend's holllC the night before, telephoned him to ask him why he had done It. The defendant replied, "You had your fun last night. Now it's time to pay for Il." When the plaintiff hung up on the defendant. he called her back right away at her friend's ho.e and threatened her saying, "You thought the Nicole Sillpson story was bad. Well. this Is going to be worse." He then said. "You should have your palm read because you don't have long to live." The defendant hung up, but telephoned the plaint I ff at her friend's holllC several IIKIre ties. Later In the evening, the defendant parked his vehicle next to a vehicle in which the plaintiff was riding as she and her friend pulled Into her parking lot. The defendant told the plaint I ff to get out of the car, but she refused telling him that he scares her. The defendant became angry, and threatened the plaintiff's friend saying, "If you want to live, you should go holDC." The defendant drove away, but returned within IIKIlICnts, approached the plaintiff again, and this til1lC ralsecl his shirt up to reveal a handgun tucked In the waistband of his pants, and asking her If she wanted him to kill her "right now." The plaintiff pointed to the parties' 3 year-old son In the defendant's car and asked the ,Iefendant not to do this In front of the child. The defendant threatened the plaintiff again saying, "If I can't have you, no one cnn." Ite then warned the plaintiff's friend to stay away from her. The plaintiff feared for her life. c) On or about september 23, 1995, the plaintiff noticed that the defendant was following her In his vehicle as she drove to her friend's home. The plaintiff feared for her S8fety. III In or nbout October of 1994, the defendant entered the plaintiff's bellr(~m, held a handgun to her head 8S she lay In bed next to the parties' two year-old son, and asked her If she wanted to know what It felt like to be shot. e) In or about May, 1994, the defendant grabbed the plaintiff by her hair and jerked her head back. When th~ plaintiff's father, who was visiting her from Russia and speaks no English, tried to help her, the defendant got his handgun out and threatened to shoot her father. The plaint Iff and her father left the house that night In fear for their safety. f) since approximately May of 1994, the defendant has abused the plaintiff In waya Including, but not limited to, grabbing her by the hair, grabbing her by the arm and shaking her, pulling his fist back and stopping just short of hiltlng her, throwing objects at her, and breaking and smashing household Items. g) The defendant has been stalking the plaint I rr relent lessly since she left him In September of 1995, has repeatedly threatened to kill the pllllntlff, and on several occasions has threatened to kill her with his handgun. 5. On or about September, 1995, the plaintiff left her residence at 5312 Oxford Circle, Apt. 5, Mechanlcsburg, Cumberland County, Pennsylvania, In order to avoid further abuse. 6. The plaintiff believes and therefore avers that she Is In l-.edlate and present danger of abuse from the defendant and that she Is In need of protection from such abuse. 7. The plaintiff desires that the defendant be prohibited frOM having any direct or Indirect contact with the plaintiff Including, but not limited to, telephone and written communications. 8. The plaintiff desires that the defendant be enjoined from haraSSing and stalking the plaintiff, and from haraSSing the plaintiff's relatives. 9. The plaintiff desires that the defendant be restrained frOll entering her places of employment. 10. The plaintiff desires that the defendant be enjoined from relOving, daaqing, destroying or selling any property owned joint Iy by the parties or owned solely by the plaintiff. 11. The plaintiff desires that the defendant's handgun, which he has threatened to use to shoot her, be confiscated by the Sheriff's Departllent. B. HXCUJSIYB I'OSSllSSl~ 12. The house from which the 1'IIIIntiff Is asking the Court to order the defendant to stay away from Is owned In the plaintiff's nMe only and the defendant hus never resided there, c~ 13. The plaintiff asks that the defendant be ordered to pay reasonable attorney feea tn I.egal SerVices, Inc. 'MfF.REFORE, pursuant to the provisions of the "Protect ion frOlIl Abuse Act" of october 7, 1976, 23 P.S. ft 6101 ~ ~., as amended, the plaintiff prays thla Honorable Court to grant the following relief: A. Grant a Temporary Order pursunnt to the "Protect ion from Abuse Act:" I. Ordering the defendant to refrnin from abusing the plaintiff or placing her in fear of abuse; 2. ordering the defendant to refrain from having any di rect or indirect contact with the plaintiff including, but not limited to, telephone and written communicntions; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff nnd from harassing her relatives; 4. Prohibiting the defendant from entering the plaintiff's places of employment; 5. Prohibiting the defendant from removing, daeaging, destroying or selling property jointly owned by the part les or ownell by the plnlntiff; 6. Ordering the defendnnt to stay away frail the plaintiff's residence locnted nt 4518 Linden Avenue, Mechnnicsburg, Cumberlnnd COUllty, Pennsylvanln, which the parties have never shnred; 7. Ordering the defendant to stay swny iroll any residence the plnlnti rr may In the future estnbllsh for hersel f; 8. Ordering the defendllllt to relinquish to the sheriff's depnrtment his hnl\(18Un, nnd prohibit ing the defendant from acquiring or possessing any other weapons for the durat Ion of the order. B. Schedule a hearing In accordance with the provisions of the "Protect Ion fro. Abuse Act I" and I after such hearing, enter an order to be in effect for a period of one year: I. Ordering the defendant to refrain frOll abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain fro. having any direct or Indirect contact with the plaint Iff including, but not limited to, telephone and written coamunications. 3. Ordering the defendant to refrain fro. harassing and stalking the plaintiff and from harassing her relatives. 4. Prohibiting the defendant fro. entering the plaintiff's places of employment. S. Prohibiting the defendant from re~ving, dasaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Ordering the defendant to stay away fro. the plaintiff's residence located at 4S18 Linden Avenue, Mechanicsburg, cumberland County, Pennsylvania, which the parties have never shared. 7. Ordering the defendant to stay away fro. any residence the plaintiff may In the future establish for herself. 8. Ordering the defendant to relinquish to the sheriff's department his handgun, and prohibiting the defendant from \,,',.'_' "..,o,C',.,C_ The nhove-nnmed III n I nt Iff, .Jllck 1111 O. I\nuknllllns I verl r i es t hll t the statements m/Hle in the "hove Petition nre true /lml correct. The plnlntlff umlerstnnds thnt fnlse stlltements herelll nre mmle suhject tn the pennlt ies of IR Pn.r..S. 641)04 relnting to unsworn fnlsificlltlon tn /luthoritles. Dllte: .,/ J17/95 r . c:1 Lou .<<wa..42/S Jnckl in o. I\ouknun/ls, Plnint Iff c..; ~ ~ ;J ~ } ~ g en -..." >4 - ,. " '"C '""t'- 14 . .. " <D ,.:,: J '=> t...' -:r -0 - ~ en " i.J I- , .g ., '.' .. JACKLIN O. KOUKOUNAS, Plainlirf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95.5345 CIVIL TERM vs. TONY Y. KOUKOUNAS, Defendant PROTECTION FROM ABUSE ORDER AND NOW, this I'''' day of October, 1995, after hearing, it is ordered and directed that the defendant, Tony Y. Koukounas, born September 22, 1961, is hereby enjoined from physically abusing the plaintiff, Jacklin O. Koukounas, or placing her in fear of abuse. The defendant is enjoined from harassing or stalking the plaintiff or harassing her relatives. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. A violation of this order may subject the defendant to: 1. Arrest under 23 Pa.C.S. 6113; 2. A privale criminal complaint under 23 Pa.C.S. 6113.1; 3, A charge of indirect criminal conlempt under 23 Pa.C.S. 6114, punishable by imprisonment of up to six moaths and a fine of $100.00 10 $1000.00; and 4. Civil contempt under 23 Pa.C.S. 6114.1. This order shall remain in effect for a period of six months, but can be extended beyond its original explrallon dale if the courtlinds Ihatthe defendant has committed an act of abuse or has engaged in n pallern or practice that indicalcs risk of harm 10 the plaintiff. Thc defendant Is ordered to relinquish to the Sheriffs Dcpllrlment his handgun, and the defendant is prohlhlted from acquiring or possessing any wellpnns for thc duration of this order. Following the expiration of this order, the defendant shall relrieve his firellrms from Ihe Sheriffs U"> ~::' , , ~ .' ..t ~ ~ r: .. , '.' .' :~'-:: ,.i ., - ~<J , .- N ''l '" ; '." ') .,.:J ..... L> = .- (~~ . , .. '. ..,- Department within thirty (30) days thereof and, unless said weapons arc retrieved within that time period, same shall be deemed forfeited. The Lower Allen Township and Middlesex Township Police Depnrtments shnll be provided with certified copies of this order by the plaintiffs a\lorney. This order shall be enforced by any Inw enforcement agency where a violation occurs by arrest for indirect erimin"l contempt without warrant upon probable cause that this order hns been violated, whether or not the violation is commi\led 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 unnvailable. the defendant shall be taken before the appropriate district justice. (23 P.S. 6113), The court finds nothing in the recent incidents leading to the entry of this order which would in any way reflect negatively on the dcfendant's custody of the child of the parties. BY THE COURT, .dd-. Joan Carey, Esquire For the Plaiatiff ~&" fy,,\'(';.,,-C.,l 101/1 I t;S' ~,., . Tony Y. Koukounas. Pro Se 5312 Oxford Circle, Apt. 5 Meehanicsburg. PA 17055 :rlm ~;IICRIFF'S hETLlIlN . REGLlLAIl CASE 110: 1995 m5345 P COMMOIIWEALTII llF PEllll~;YL\' All I A I cOUIITY OF CUMBERLAND KOlJKCHI11 A S..11!.Lt! l,. ULt.,'__.. VS. KOUKOUIIAS TOIIY.X._~ MICIIAEL BAfiRIC-Ii.__________...._____, 51wr1ff or Deputy Sheriff of CUMIlEHLAIID C"unt.y, 1",>1I1l2y.lv<lnia, IIho bell1ll dul)' ollorn >IccordJ.ng to lUll. enyo, lhl" 1I1\h1n r.BQnr.IlQILfR91LAJ1lJSJ.~-..... _...__._._._. wae nl?'vlJd upon KOLl!\QI)IjA~-T_Q!!j'_ L ._..u..- _._. . .......___. lhf.' defendanl, tIl. .J.5:;'.!.\:'lQ. 1I0UI(~.;, "" I.h.- 1995 at ~.!;: OXf.lJRl:!..nRr.I,FAl'T,. llli9!A!llCSD!1RQ,...r.!Ll.t~~~;~_.._.. ..... tL\ol! day l) t QS;.\.(.II1t?L ..~ .-~-- -- ._-_. -.... "..~,-_..__.- , . --'---~--" -~_.,,-,'.'--'---'-.'-~-- ._._--,----~-,~ .._____.__, (!1!1J}j':RkAt-!P ---' r.ounty, PE'nnsy 1 van 1", by h'lllcl1 nil t () TU.llY Y.. !\OlHH1\J1J!\~.._.... ....-.-.. ..-. ....-~ a lrue and at.teslpd r.opy oj l.he .1'fiLJT!},~JJ.Q.H.y'!'!!LM.\.lJftE.._....._....______._.__, logelhE'r 1I1lh l!';!1J'QRAHY P.RQI!';t;T!VElJ.fiPfR. H.Qn~:E. !\l1l'.P..!ULlli1!L.. .' FOR PROTECTIOII ORJ'.E.Ji..-.-._ ..-------.----....----' and at lhe sump t.1t11\? dlrp(::tlll~l IU~; ilttl~nt.1DlI tl) lhp cont_eute thel-eo!. SherlII '" em,t >11 Duck",!. 1 n(1 Service AII1dav1l Surcharo" 10. IZI~~ 7.84 , \'10 . l',~ [~~o anSWt:'1 8 I, . ,- ... ,> ./ ...-r-';---.<::;/-./" -<-' ;/ >~<"" -X/ / (.;~.... n.; Tli;f,f;~i'Rnn6,' Sli.;-. iH----... $: S;---e Ir~ l\\'I/,\IZI/Ql'N~,' iLl' by Michael Darrick .. f;ijj",t i r,I,;...iTf1..... ..------ 5voI n 'lnd liubt:n-I i b.~d t. I) IJi:fl'Il:' Hl(" lh1.. .~A..tfl:. ,j<il" H( {h:r."~,,o,.,-- 19...')(.. A.I', __.__~~ t-.... r{/ 7111.{(.1~ Aftj .~-t 'J \I' j\lfiVi oJl 'r' JACKLIN O. KOUKOUNAS, Plaintiff V. TONY Y. KOUKOUNAS, Defendant I I I I I I I I I I IN THB COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW 95-5345 CIVIL TBRM PROTBCTION FROM ABUSB IN RBI BXCBRPT FROM HBARING Proceedings held before the Honorable KBVIN A. HBSS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Friday, October 13, 1995, in Courtroom Number Four. APPBARANCBSI JOAN CARBY, Esquire For the Plaintiff TONY Y. KOUKOUNAS, Pro Se '. 1 (Whereupon, the testimony was concluded.) 2 THB COURT: I think I understand where we 3 are. Xs there anything else? 4 MR. KOUKOUNAS: Nothing else, Your Honor. 5 At this time, if I may, I would like to 6 info~ the court that I do not have a criminal record 7 whatsoever. And that although I may be guilty of some of 8 the thinge accused by the plaintiff, I never had any 9 intentione of really carrying out any of my threats. I have 10 a three and a half year old son that I fought very hard to 11 bring to life and also to keep cuetody of. And I am 12 reeponsible for that child. Also for me it hae come to the 13 point to realize that because of my responsibilities and who 14 I am it ie not worth it for me to spend even one minute in 15 jail by abusing or in any other way threatening or even 16 killing the plaintiff becauee ehe is just not worth it. 17 At this time I would like to request and ask 18 the court for the plaintiff not to be granted the protection 19 order she has been seeking. I would like to ask for relief 20 from the legal fees that were incurred by Jacklin. And I 21 would like to have whatever integrity I have left restored 22 by having the temporary order stricken from record and 23 removed. Thank you, Your Honor. 24 MS. CARBY: Your Honor, we are asking that 25 the protection order remain in effect. The defendant has 2 1 admitted that he has followed her. He hae admitted that he 2 has threatened to kill her. He has admitted that he has 3 pulled her hair, that he slaehed her tires -- 4 MR. KOUKOUNASI I never admitted that I 5 6 7 8 9 10 was no reason to follow her. His actions placed her in fear 11 of bodily injury, in particular the threats and the 12 furtherance of those threats by slashing the tires and by 13 showing her gun8. 14 MR. KOUKOUNASI If she wae in fear of her 15 life, Your Honor -- 16 THE COURTI Wait a minute. Wait a minute. 17 Remember I warned you about arguing back and forth again. 18 MS. CAREY I There is no reason for them to 19 have contact. She goes to the baby-sitter to pick up the 20 child. She is requesting that he not come to her residence 21 even to pick up the child, could call there but not come to 22 the residence. Call if it is necessary, only if it is 23 necessary, for the child, for arrangements with the child. 24 Your Honor, he has admitted that he loves 25 her. He has etalked her in effect. He didn't want her to pulled her hair. THE COURTI He said he grabbed her shoulders. MS. CAREY I Grabbed her shoulders. Her testimony, Your Honor, is that he followed her. He admitted that he had followed her after their separation. And there 3 1 divorce him. He fought the divorce. And he has admitted 2 that he was on several occasions angry with her. He has a 3 profile of an abusive person. And he admits that he has 4 abused her. So for these reasons we think that there is a 5 basis for the entry of a protection order. 6 The definition of abuse includes knowingly 7 engaging in a course of conduct or repeatedly committing 8 acts toward the plaintiff including following her without 9 proper authorization under circumstances which have placed 10 the plaintiff in reasonable fear of bodily injury. So we 11 are asking that the protection order remain in effect, Your 12 Honor. And we are asking attorney fees for Legal Services. 13 MR. KOUKOUNASI I di.agree, Your Honor -- 14 THB COURTI Well, you disagree and .0 do I. 15 Now it is my turn to talk, becau.e in term. of where this 16 case comes down, Mr. Koukouna., I have li.tened to both 17 sides. And I find that the true picture of what's going on 18 in this case is more accurately painted by you than your 19 ex-wife. I do not agree, for example, that you stalked her 20 in the .ense of that word by following her the other day to 21 find out what on earth she was doing by terminating custody 22 with your son earlier than she should. And the fact that 23 you wanted to find out that it was to go with her boyfriend 24 I guess is nothing more or lesa than satisfying natural 25 curiosity. Nor do I believe that there has been a history 4 , I , 'I l , 1 of abu.ive conduct .0 a. to label you an abu.er or any 2 p.reon with .uch a profile. Nor do I think that there i. 3 going to be any criminal record in thi. ca.e. Nor do I 4 think anybody ie going to go to jail in thi. matter, at 5 leeet I hope not. 6 But, and there i. a great big but here. I do 7 .ene. that there i. much more affection on your eide for her 8 than .he for you, that you find thi. extremely hurtful. So 9 much.o that you admit that you elaehed her tiree and mad. 10 threatening .tatement.. So the underlying conduct which 11 cauee. concern not only to her but to the court ie eomething 12 which you have been honeet enQugh and upright enough to 13 admit that you did. 14 So I will enter an order but it will not be 15 a. re.trictive ae the one propoeed. We ju.t need a little 16 cooling off period here, that'e all. So I am going to take 17 the time to dige.t an order that will probably not even 18 include attorney'. fee. again.t you. We won't after all add 19 ineult to injury. But I am dreadfully concerned that in a 20 21 .tate of .evere hurt and upeet you may do .omething that you never intended to do. God forbid. Where are the firearm. 22 in thie caee? 23 MS. CARBY I Your Honor, the eheriff hae the 24 AK-47. The handgun, if I under.tand correctly, he eaid he 25 didn't have. So I don't know where the handgun i., Your 5 1 Honor. 2 THB COURTI Do you have that handgun? 3 MR. KOUKOUNASI Yes, Your Honor. 4 THB COURTI Where hit? 5 MR. KOUKOUNASI It h at home. 6 MS. CARBY I I would request that that be 7 turned over to the sheriff. 8 THB COURTI Just for a little while. We need 9 to keep it cool here. I trust that in a short period of 10 tims, a few weeks, a few months, this will be quiet enough 11 that it won't be a problem. But in this interlude where she 12 is moving out to a new house, seeing someone of whom you 13 obviously do not approve, I have great concern, and it is my 14 obligation as the court to see that we minimize whatever 15 problem there might be. 16 In doing eo, however, we hasten to add, and 17 will probably state in the record that this does not in any 18 way reflect on Hr. Koukounas as a father. Nor should it be 19 considered by any court as any basis for questioning hi. 20 custody of his son. There is nothing I have heard in the 21 testimony today that would warrant anybody in making that 22 conclusion. And my order will no doubt state, becauee we 23 don't want to confuse this issue with that one. 24 All right. We are adjourned for the day. 25 Pending further order the temporary protective order will 6 --- . 1 remain in effect. I would imagine in a busine.. day or two 2 I will have a different type of order which will be down. 3 In the meautime you will be guided by the current order. 4 (Whereupon, court was adjourned at 4100 p.m.) 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 10 11 12 13 14 . 1 2 3 4 5 CBRTIFICATION 6 I hereby certify that the proceedings are 7 contained fully and accurately in the notes taken by me on 8 the above cause and that thie is a correct transcript of 9 same. l.fjl,U}{)Ai ( ~~-Il.~ Barbara B. Gra am Official Stenographer ---------------------------------- 15 The foregoing record of the proceedinge on the 16 hearing of the within matter ie hereby approved and directed 17 to be filed. 18 19 .{u~ If' ItfH 20 Dare 21 22 23 24 25 J. District B F:LEoo;:nCE ".. "1 ',' ,.,--, 'rl""...."y \.,I.! . i"" ~ L i. - ,: ,ljj'~ '\ (1"; 1"1 I (l 'it 10: '1tl .1..:' , ;J 1.11 I. ell':'''''' . ....IJ"~. , H.I;" ,l.' ",.; \ " l,j'l I ". ~, I.', . ~ .. ,," I. 'i , (.1 t, ,-~ II \. .. .<1 , . ~. .. " JACKLIN O. 1t0UJtOUNAS, plaintiff IN THJ: COURT or COMMON PLUS or CUMBJ:RLAND COUNTY, PJ:NNSYLVANIA CIVIL ACTION - LAW 95-5345 CIVIL TJ:aN PROTJ:CTION rRON ABUSB V. . I . I I . I . . . TONY Y. ItOUJtOUNAS, Defendant IN aJ:. TRANSCRIPT OF PROCIBDINGS Proceedings held before the Honorable ItIVIN A. HJ:SS, J., Cumberland County Courtbouse, Carlisle, Pennsylvania, on Friday, Ootober 13, 1995, in Courtroom Number Four. APPJ:ARANCJ:S. JOAN COJ:Y, B.quire Legal Service., Ino. For tbe Plaintiff TONY Y. KOUJtOUNAS, Pro Ss ~ .. I'OR THJ: PLAINTIrr Jaoklin Itoukouna. INDJ:X TO WITNJ:SSJ:S DIRICT CROSS RJ:DIRICT R.CROSS 4 16 37 39 I'OR THJ: DJ:I'J:NDANT Tony Itoukouna. Va.ilao. S. Itatsifis rather George Daskalakis 41 54 62 67 58 64 2 i t , , I; ~ ~ 1 NS. CARBY. Your Honor, I repre.ent Jacklin 2 Itoukouna., the plaintiff in a protection from abu.e aotion, 3 and we are ready to proceed. There wa. no agreement to a 4 con.ent order. 5 THB COURT. Mr. Itoukouna., are you planning 6 to repre.ent your.elf? 7 MR. ItOUltOUNAS. Ye., .ir. And I would like e the reoord to indicate that I wa. only .erved two day. ago, 9 on the 11th, at 3130 in the afternoon. 10 THB COURT I I wa. going to indioata, that 11 being the ca.e, this i. the kind of prooeeding in whioh you 12 would have the right to have an attorney repre.ent you. 13 MR. ItOUltOUNASI Ye., .ir, I am aware of that. 14 And I could not afford one. And Legal Servioe. could not 15 provide me with an attorney. Ju.t five month. ago I filed 16 for bankruptoy, a Chapter VII. And al.o Legal Service. told 17 me that I .hould oontaot the ramily Law Clinic. And at this 18 time they are not taking up any new client.. So I called 19 back Legal Service., and they .ugge.tad that the only thing 20 they could do for me wa. to give me a li.t of attorney. that 21 would be willing to get paid in payment. over a period of 22 time. And .ince I cannot afford at this time to do that, I 23 decided, even though the period to prepare my defen.e wa. 24 very .hort, to come in by my.elf and defend the accu.ation.. 25 THB COURT. All right. We will proceed then. 3 1 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 23 34 25 ~ -- MR. ItOUJtOUNAS. Thank you. THJ: COURT. M.. Carey. NS. CARJ:Y. I call Jacklin Itoukoun... MR. 1t0UJtOUNASI Your Honor, .xcu.e m.. B.fore this h.aring .tart., I would like to ..k -- beg the oourt'. forgiv.n..., baoau.e I am not an exp.ri.nced attorn.y and a.k for your patienc.. THB COURT. C.rtainly. Wher.upon, JACKLIN 1t0UKOUNAS having b.en duly .worn, te.tified a. follow.. DIRJ:CT IXAMINATION BY MS. CARJ:Y. Q Would you .tat. your name for the record, pl....? A My name i. Jacklin It-o-u-k-o-u-n-a-.. Q And wh.r. do you ourrently re.ide? A 4518 Linden Avenue, Nechanio.burg, 17055. Q And your relation.hip to Tony Itoukouna., the def.ndant, in thi. ca.e i. what? A Ny ex-hu.band. Q When were you divoroed? A I have been divorc.d like a year ago. Q 19941 A 1994. 4 A Q A Q A Q residence? A ~ -- 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ . making. You oan make objeotione to the evidenoe, but correotions, if you think some testimony i. wrong, you oan ask her about it. And if you still think .he i. wrong, then you oan take the stand and tell me your side. BY MS. CARJ:Y. Q Where do you pick the child up? A W. have a baby-sitter who lives also in Neohaniosburg. Her name i. Dorothy rortney (phonetio). And that'. where I piok him up and drop him off. Q So you are a.king the court that a protection order be entered and that you have no contaot with Mr. Itoukounas, is that oorrect? A Right. Q When were you married? A I have been married in December 21st, 1989. Q And you .aid you were divoroed as of this time last year? AYe.. Q Sinoe approximately May of 1994 ha. Mr. Koukounas done anything to cause you to fear for your safety? A Yes. Q Directing your attention to September 30th, 1995, shortly before the temporary protection order was entered, what, if anything, happened that day to cause you 6 ~ .. 1 to be afraid? 2 A Okay. It wa. September 24th, it wa. a Sunday 3 I believe. And I went down.tairs -- I spent the night at my 4 friend'. house. I went downstairs, and I was .uppo.ed to go 5 to work. I work at Xey.tone Diner. And all of my tire. 6 were slashed. 7 Q And then what happened? 8 A And then I went baok to my friend'. house. 9 And right away I called to Tony Xoukouna.. And the fir.t 10 sentence that he said that he didn't do anything. And he 11 hang up. But then he called me right back at that number, 12 whioh I have no idea where he got the number from. He 13 oalled me back. And he .aid, well, did you have fun last 14 night. Now is the time to pay for it. 15 Q What did you think he meant when he .aid you 16 have to pay for it, time to pay for it? 17 A He said he i. going to do stuff to me that I 18 will be real, real scared of. 19 Q What kind of stuff for instanoe did you think 20 he might do? 21 A Like keep -- going to kill me. 22 Q What happened after that? Did he threaten 23 anything else? 24 A Yes. He mentioned that if -- he said to me 25 if you think that O.J. Simp.on's story was bad enough, yours 7 ~ .. 1 will b. wor... And then h. told m. that have you ev.r been 2 at th. palm reading, hav. you .ver don. palm r.ading. I am 3 like no, no, I never had that. H. .aid, w.ll, you .hould go 4 and try to ... .om.body who oan t.ll you becau.. you don't S have too muoh long.r to liv.. 6 Q And this wa. in th. phon. oonv.r.ation? 7 AYe. . 8 Q And th.n what happ.ned? 9 A H. oall.d m. a couple time. aft.r that. 10 Q And how did you know it w.. him? 11 A Beoau.. ev.n though we left the hou.. my 12 fri.nd ha. an an.wering maohin.. And there wa. like a 13 ooupl. of m....g.. on the an.wering maohin., although he 14 w..n't l.aving any m...ag.. on th.t. But you can dial .tar 15 .ixty-nine. And a. .oon a. I dial.d that the la.t oall wa. 16 from him, b.cau.. it went .traight to hi. hou.., and h. ha. 17 an an.w.ring maohine wh.r. h. .ay. my name i. Tony Itoukouna. 18 .nd .tuff like that. So it wa. him. 19 Q Did anything el.. happ.n that evening? 20 A Y... Thet evening aft.r I fix.d my car, I 21 22 23 24 2S w.nt b.ck to my friend'. hou.e. And about 9100 at night w. wa. going to go to a birthday party. And although I wa. .cared, real .oar.d, ..peoially frolll tha back door, and a. .oon a. w. get in the car, h. wa. right th.re. H. park.d the car eo we couldn't get out of the oar. And lilY three 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ y.ar old kid wa. in the car with him. .0 i. my friend, which i. ~~rking right now, .0 he couldn't be a witn.... And h. told me to g.t out of the car. I wa. real .cared. And I wa. al.o .cared for the .afety of my son and al.o the .af.ty of my fri.nd. So after a couple word. I .aid, okay, I am going to get out of the oar. g You .ay your friend wa. with you? A Y... He wa. the driv.r. I wa. in th. pa...ng.r .ide. g Then what happ.ned? A After I get out of the car he met me like in the back of my fri.nd'. oar, well, y.ah, my fri.nd'. car. And I oouldn't explain to you how wa. h.. H. wa. crying and th.n he wa. thr.at.ning me. H. wa. orying and th.n he wa. threat.ning m.. g Now, what did he threat.n you with? What wa. he thr.at.ning? , A He wa. telling m. that, okay, on. of th. ..nt.nce. wa. if he cannot have m. nobody .1.. will have m.. And all the conver.ation wa. h.ard by my fri.nd and my .on. But my .on i. three year. old. I don't know -- I don't think he can te.tify. And he al.o wa. threatening my fri.nd. He told him when h. wa. leaving that if he want. to live longer he better take me home now. And th.n he left. And a. .oon a. we .tarted to move, get out of the driv.way, 9 ~ ~ 1 he went back to the oar and .aid get out of the car, I want 2 to talk to you one more time. And again he was threatening 3 me. And that's when he I was so tired, I was orying. 4 And I .aid, li.ten, if you want to kill me, why don't you 5 ju.t kill me and get over it. And he says, you want me to 6 do it now. and he pulled his .hirt up and start taking his 7 gun -- he didn't take it out, but he .tart taking a gun out. 8 Q He had a gun in his __ 9 A Ye.. In his .hirt and in the pants. And, 10 you know, my kid wa. there. And I wa. right behind my 11 friend. I .aid leave it. Why don't you do it some other 12 time. And he .aid okay. And then he went baok to the oar. 13 And he said to my friend that if I would be in your position 14 I would be afraid of my car -- or I mean I would be afraid 15 of my life. And al.o he took the lioense plate of my 16 friend'.. So later that evening I went home. Actually 17 before I went home I stopped at his place. That's the last 18 time I saw him. It was on the .ame day. And I told him 19 again if you want to kill me, kill me now, beoause I am so 20 tired of this. I can't be living in fear all the time. I 21 can't be staying home and thinking that now the door is 22 going to open and he is going to shoot me. 23 Q After the inoident on the 24th did you 24 receive any other threats from him, for example, on the 30th 25 of September? 10 ~ -- 1 A On September 30th, well, he w.nt -- I worked 2 at Itey.tone Diner a. a waitr.... And h. talked with on. the 3 waitre..... Her name i. Anita. I don't know her la.t name. 4 And h. talked to her, and he .aid al.o that he i. going to 5 do a better job than O.J. simp.on. 6 Q Wbat did you think he meant by that? 7 A I thought that my life i. done, i. gone. He 8 i. ~oin~ to kill me. 9 Q w.. it after that that you came for a 10 proteotion order? 11 AYe.. 12 Q Ju.t for clarifioation, wa. your divoroe 13 final b.for. th. September 24th incident? 14A Oh, ye.. 15 Q And were you no long.r livin~ at the 16 re.idenoe at the time of the 24th incident? 1'7 A No, I wa.n' t. 18 Q You were not living at the re.idence? 19 A No. 20 Q At the marital r..idence? 21 A I wa. living in my hou.e. 22 Q In your hou.e. Okay. The day before the 23 24th, S.ptember 23rd, what if anything happened that day? 2. A I wa. ooming home from work, and I knew that 25 he wa. following me. I saw hi. car. X tried to e.o.pe him 11 ~ -- 1 twioe, but he i. too smart for that. 2 Q When you say you tried to esoape him, what do 3 you mean? 4 A It was in Camp Hill, Route 15, and I .aw him 5 behind me. So I went in one of the driveway, and then I 6 waited a little bit, and then I went baok. And I .aw him 7 baok again. And especially I saw him real clo.e when I was 8 already on Second Street. My friend lives on Second Street. 9 Q ror about how long was he following you? 10 A Well, from Mechanicsburg to Harri.burg. 11 Bxaotly where, I went to my friend'. house. 12 Q And how did this make you feel? 13 A I can't believe that someone is .talking me. 14 I am afraid. I don't know what -- I mean, I wa. driving and 15 I was shaking in the car. 16 Q Directing your attention to October of 1994. 17 What if anything happened at that time? 18 A At that time he got drunk. And I wa. with 19 him at that time living in the seoond bedroom with my son. 30 Q So this was after your divorce had been 31 final? 32 A Yes. 33 Q But you were .till living in the house but 34 in a separate bedroom? 35 A Yes, separate bedroom. 12 A Q A Q sheriffs? A Q A ~ ~ 13 ~ --- 1 then? 2 A At that time my dad wa. visiting me. And w. 3 already been .eparated. Ny .on, he got the cu.tody of my 4 .on. And at that time, well, I think we have a police 5 record on that particular... 6 Q You tell ma what happened that day? 7 A Ha grabbed me by the hsir. He had a fi.t in 8 my faoe. And that'. when my dad coma out in the room. And 9 he wa. going to help me .0 he wouldn't hit me. And he 10 pulled a gun on him end he ..id I am going to .hoot you, get 11 out of my hou.e. 12 Q Now, how clo.e wa. he to you? You .aid he 13 had hi. fi.t in your faoe? 14 A He wa. like olo.e. I mean, hi. faoe wa. 15 like, hi. face wa. like real clo.e to me. And he wa. 16 grabbing my hair. He wa. holding my hair. 17 Q Did you leave the re.idence that night? 18 A Ye., I did. 19 Q with your father? 20 A Ye., I did, with my dad. I oame back later 21 on. But I left at that moment. I had to find a place for 22 my dad. 23 Q Since 1994, Mey of 1994, from that time until 24 you left the re.idenoe, did he abu.e you on a regular ba.i.? 25 A It wae a lot of arguing. And every time h. 14 ~ -- 1 would say to me you want to leave, leave, and you won't be 2 leaving. 3 Q And besides that did he do anything else to 4 you phy.ically during those arguments? 5 A He would be like pushing like lamps, break 6 the lamps, punching the walls, like throw towel. at me, 7 pushing me. 8 Q Did he ever grab you by any part of your body 9 or anything? 10 A By the hand. 11 Q Okay. And wa. he threatening you physioally? 12 Wa. he gesturing in any way to threaten you? 13 A I think there h a threat with somebody 14 pu.hing you or telling you that I am going to kill you if 15 you try to leave me. I think it i. a threat. 16 Q Yes. And did he ever put hh fi.t into your 17 faoe or anything like that? 18 A Only on that May of ' 94. 19 Q During the times that you said he wa. 20 .talking you, .ince you left the re.idenoe and established 21 your own plaoe, ha. he ever threatened to kill you during 22 tho.e times? 23 A l:t was like in oonverlat~,on all the time. 24 You are not going to leave tonight. You are not going to 25 have a nice life. I am going to do everything possible to 15 ~ ~ 1 make your life miserable. And you are not going to leave. 2 You are not going to leave. 3 Q Are you a.king that he not be able to oome to 4 your re.idence, etay eway from your re.idenoe? 5 A Yes, I did. I asked him a couple time. not 6 to oall me and not to come olose to me. He won't listen. 7 Be will be oalling m. at 6100 in the morning, 12100 at 8 night. 9 Q Now, when have the.e phone call. been 10 occurring, since the .eparation? 11 A Since, well, after I moved out of the hou.e 12 it has been oontinuou.ly happening. 13 Q Since September of '95? 14 AYe.. 15 Q Barly September? 16 A Yeah. 17 NS. CARBY I I have nothing elee. 18 THB COURTI Mr. Itoukouna., you will have an 19 opportunity, of oour.e, to testify in a moment if you 20 ohoo.e. But in the meantime you also have the right, if you 21 want to, to a.k eny questions. Do you have some question.? 22 MR. KOUKOUNASI I do, Your Honor. 23 CROSS-BXANINATION 24 BY MR. KOUltOUNAS I 25 Q Jackie, you stated earlier that we got 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - ',.!.,. ~ -- married in December 21st of 1989. That i. inoorreot. It was 1990. A Okay. Q I. it correct that you knew me only two months before you married me? A Yes. That'e true. Q Why did you marry me? MS. CARJ:YI Objeotion. It is irrelevant to this proceeding, Your Honor. THB COURT I How is this related to any allegation of violenoe? MR. 1t0UJtOUNAS I Your Honor, I am trying to e.tabli.h the oredibility of the testimony by the plaintiff. And I would like to ask questions that are relevant to our marriage and our life together. THB COURT I Well, but some of that gets, number one, highly personal. And, seoondly, and more importantly, doee not relate to her oharge against you that you have threatened her. MR. 1t0UltOUNASI That's oorrect, sir. But I will al.o try to prove that her allegations may not be correct. And I would like to proceed, if I may, with very few questions THB COURT I A few. MR. ItOUJtOUNAS I Go ahead. before I get directly to 17 ~ -- 1 the point. 2 TNJ: COURT. Okay. Go ahead. 3 BY MR. ItOUltOUNAS I 4 Q Did you marry me, Jaokie, for the green oard 5 in order to stay in this country? 6 MS. CARBY. Objection. 7 TNJ: COURT I Overruled. 8 THB WITNlSS. Y... 9 BY MR. 1t0UltOUNAS I 10 Q During the course of our marriage, after 11 being married two and a half year., you went for the first 12 time baok to your home country in Russia along with our son 13 for vacation. Did at that time you commit adultery? 14 MS. CARIYI Objection. 15 TNJ: COURT I OVerrule~. 16 THJ: WITNJ:SS. No, I didn' t. 17 MR. KOUltOUNASI Your Honor, may I approaoh 18 the bench? 1ll THB COURT I The benoh? 20 MR. ItOUJtOUNAS. Ye. . 21 THJ: COURT I Is there something you need to 22 give me? 23 MR. 1t0UltOUNAS. Ye.. 24 THB COURT. You can give it to Mr. Kern, and 25 he will hand it up whatever you have. 18 ~ ~ 1 THJ: COURT I Ar. the.e various photograph. 2 that you want to offer into evidence? 3 MR. KOUltOUNASI Y.., .ir. Th..e photograph. 4 were brought baok by the plaintiff in Augu.t of 1993 aft.r 5 h.r fir.t vi.it in No.cow, Ru..ia. Th.y w.re kept hidden at 6 the hou.. and wa. found by m. accidentally a f.w month. 7 later. Wh.n I intervened -- I int.roepted, .xou.e me, a 8 lett.r from her boyfriend, which I al.o have in my 9 po.....ion, that mad. me .u.piciou. about h.r p.r.onal life. 10 THI COURT I When did you .ay you found the.e 11 photograph.? 12 MR. 1t0UltOUNASI I found tho.. photograph. I 13 would .ay it w.. the beginning of '94. 14 THJ: COURTI Why don't you ju.t take a look at 15 the.e photograph.. You have heard what he had to .ay about 16 them. I will give you an opportunity to re.pond. I think 17 probably that would be the b..t way to d.al with thi.. 18 THB WITNBSS lYe.. At the time we had be.n 19 .eparated alr.ady. And I had to do what 20 THI COURT I And is the 21 MR. KOUltOUNAS I Exou.e me. 22 THE COURTI Ju.t a moment. Ju.t a moment. 23 Th.re ar. .everal picture.. There i. a young man, he i. 24 .itting with you on the eofa. Is he a friend in Ru..ia? 25 THE WI'l'NBSS I Yes. 19 "" ~ 1 THJ: COURT I Okay. 2 BY NR. 1t0UltOUNAS I 3 Q I would like to oorrect you. Those picturss 4 were taken in July, August of '93. We were officially 5 .eparated on Nay 26th of 1994. 6 THB COURT. We need a question. Where i. the 7 question? 8 BY NR. 1t0UltOUNAS I 9 Q The que.tion is did the plaintiff oommit 10 adultery during our marriage? 11 A No. 12 Q Okay. Wouldn't you .ay the picture. you are 13 looking at are very intimate? It A No. 15 Q I am sorry. I dido' t hear you. 1& A No. 17 Q Okay. I would like the Judge to deoide on 18 that and the oourt. I would like to oontinue. On 19 October -- exouse me, on Nay 24th of '93 do you ramember 20 that inoident when the police came to the hou..? 21 A I am sorry, what date? 22 Q Nay 24th, 1993, the polioe came to our house. 23 Do you remember that incident? 24 NS. CARBY I Objection, Your Honor. Our 25 allegations are from 1994 on. I don't know what's being 20 ~ --- 1 ref.rr.d to here. 2 THJ: COURT I I don' t .ith.r, .0 loan' t 3 po..ibly rule on an obj.ction. 4 MR. ItOUJtOUNASI At that tim., Your Honor, w. 5 had problem. at the hou.., and I call.d the polic.. And 6 y..t.rday I .ubpoena.d the Low.r All.n polic. Departm.nt. 7 And I obtain.d r.oord. that were mad. at tho.. tim.. that 8 th. oomplaint. w.r. mad.. If I may, I would like to r.ad 9 this and al.o to hand it in a. evid.no.. 10 THB COURT. Why don' t you do that wh.n you 11 have oom. to your oa... Why don't you a.k her whether 12 .om.thing happen.d, and if .0, what it wa.. 13 BY IIR. 1t0UJtOUNAS I 14 Q Did .om.thing happen on May 24th, '93, at our 15 hou.e? 16 A I don' t rem8lllber. 17 Q Can I r.fre.h your memory? On that day the 18 offio.r r.port. additional .ubj.ot. involv.d, one Jaoki. 19 Itoukouna., DOB 4/20/71, .... addr.... Numb.r two, Oktai 20 Ali.v, within par.nth...., Jaoki.'. father, .em. addr..., 21 originally from Ru..ia. 22 On 5/24/93 at 1722 hours, Offio.r Anthony and 23 I re.pond.d to a dom..tic call at the above location. Tony 24 and Jacki. had a h.at.d argum.nt. And Jackie'. fath.r, 25 Oktai, tried to int.rvene. Oktai wa. .taying at the 21 ~ ~ 1 residence before going back to Rus.ia in a month. Tony 2 called becau.e he did not want Oktai involved. 3 MS. CARBY. Objec tion. 4 THI COURT I I am going to hear the baokground 5 of this case until we run out of time. 6 MR. KOUJtOUNAS. When I arrived Oktai was not 7 there. I spoke with both Jackie and Tony and tried to 8 separate them. When Officer Anthony arrived I had him talk 9 to Tony while I talked with Jaokie. I did give Jaokie 10 domestic violence info and how she could get a prA. She did 11 not have any physical .igns of being physically abused. We 12 got the two subjects calmed down. oktai returned to the 13 looation and did not oause a problem. Oktai does not speak 14 any J:ngli.h. 15 This domestic phone call to the police 16 department, Your Honor, as you will notice, Wa. made by me. 17 BY MR. 1t0UltOUNAS I 18 Q Do you remember the inoident now, Jackie? 19 A There was too many of them, Tony. 20 THE COURT. I am sorry, I didn't hear what 21 you said. 22 THE WITNlSSI There wa. too many like that. 23 BY MR. KOUJtOUNAS I 24 Q Do you remember thi. incident? :15 A Yes, I do. :12 ~ --- 1 Q You rem8lllber it? 2 A Y... 3 Q Can you t.ll m. if you rem8lllb.r what prompt.d 4 it, what cau.ed it? 5 A Probably my b.havior, becau.. I wa.n' t too 6 7 8 9 10 11 Q Thank you. Do you rem8lllb.r the inoident on 12 April 24th, '94? 13 A No. 14 Q You do not? 15 A R.fr..h my memory. 16 Q Pl.a.., I will. Koukouna. oall.d to have 17 .om.on. removed from hi. apartm.nt. Upon arrival Jacklin 18 Itoukouna., and her fath.r, Oktai Aliev were leaving. I 19 .pok. to Tony Koukouna., and h. .aid Ali.v wa. living with 20 him for three month.. Koukouna. wanted him out. Aliev wa. 21 leaving along with Jacklin Itoukouna. to anoth.r apartment 22 .he r.nt.d. Tony Koukouna. will .eek l.gal advice tomorrow. 23 No problem.. 24 You t..tified earlier th.t on that particular 25 incident I held a gun to your father'. head, that I grabbed good for you or sam. thing like that. Q Wa. it maybe your profane language that you u..d for th. first time again.t me? A Ye.. I am .orry. I .hould be using only language the way you wanted m. to talk. 23 ~ ~ 1 you by the hair, and I almo.t hit you, and your father 2 intervened, and then I held my gun at hi. head, face, 3 whatever, i. that correot? 4 AYe.. 5 Q On that particular day I did not have my gun 6 with .e. And I have te.timony to prove that that gun wa. in 7 the .afe of the re.taurant that I own. Do you remember now? 8 A Ye., I do. You had the gun. 9 Q I had the gun? 10 A Ye., you did. 11 Q Thank you. 12 MR. ItOUJtOUNASI Your Honor, at thia time I 13 would like to make note that later on I will have to defend 14 my.elf and call .omebody to my defen.e. 15 THB COURT I Okay. 16 BY MR. ItOUJtOUNASI 17 Q Okay. Thi. wa. April 24th, '94. On April 18 26th, two day. later, I wa. able to obtain an order of a 19 oourt giving me cu.tody of our ohild beoau.e I wa. afraid 20 that you and your father, your father that wa. leaving in a 21 week, might po..ibly abduct our child and 1eave for Ru..i., 22 i. that oorrect? 23 A John.on wa. lilY lawyer and he told me to drop 24 it, beoau.e I have to .ign whatever you told me to. 25 Q This 18 April 26th Jaokie -- 24 ~ --- 1 AYe. -- 2 Q I got a temporary oourt order giving me 3 oustody of our ohild until we appear in oourt -- 4 A Tony-- 5 Q -- on the grounds that I wa. afraid that 6 maybe you and your father will abduct our ohild and leave 7 for Russia, i. that oorreot? 8 A Where did you get that information that I am 9 going to leave Ru..ia? How? How did you get that 10 information? 11 Q How, becau.e I -- 12 THJ: COURT I Wait a minute. You are starting 13 to argue baok and forth. This i. absurd. Thi. i. not the 14 way we conduot examination. You ask a que.tion that ip 15 relevant then we move on. 16 BY MR. ItOUJtOUNASI 17 Q Isn't it true that what prompted the fight on 18 April 24th of '94 was because you becau.e of personal 19 problems with me deoided to leave the bouse and already had 20 made arrangements to rent another apartment? 21 A Yes. I wanted to leave the house, beoause I 22 was afraid of you. Yes, I did. 23 Q When I came to the house, you were paoking 24 your things and your father's? 25 AYe.. :15 ~ ~ 1 Q Did I at that time tell you that Yanni. will 2 not leave this house? 3 AYe. . 4 Q What was your father's response to that? 5 A Ny father wa. up.et that Yanni. isn' t going 6 with us, but he has agreed the way it is going to go. 7 Q Isn' t it true that your father told me that 8 you, him and the baby wer. going bye-byes becau.e he doesn't 9 .peak any Bnglish? 10 A I already answered you the que.tion. YlIS, 11 you did. But when you .aid -- 12 Q Did I get angry? Did I get up.et? 13 A Ye.. And you threatened him with a gun. 14 Q And you claimed that I threatened him with a 15 gun? 16 A Yeah. 17 Q Thank you. Two day. later I gained a oourt 18 order for temporary oustody of our child. A few days later 19 I filed for divoroe, isn't that correot? 20 A Yeah. 21 Q That's correct. Our separation and property 22 .ettlement agreement wa. on Nay 24th, 1994, i. that oorreot? 23 A I don't know. You took all my papere. 24 Q So legally we were separated on the 24th of 25 May of 1994, is that correct? 26 ~ --- Q A Q .... day you oorrect? A Q 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ finali.ed our divoroe, did you not oontinue to live with me and our son in the same house until September of 1995? A Yes, I did. o Was anybody forcing you to live with me? A Yes. In ona way. o In what way? A lowed you the money and you wera taking rent because you oouldn't give me money back. And you ware taking rsnt from me for every single month. o I was taking rent from you? A Yes. o Can you prove to the court that you have given me money and how muoh have you given me in tha past year? A I will try to get that information from the bank because I took the personal cheoks written to you. Q Can you tell tha oourt how muoh money I owe you sinoe then? A ror this momant you owe me $4,000.00. Q Isn't it true that lately you have baan hsrassing me for that money and all this time that you have baen constantly hara.sing me in order to get your money baok? A Haras.ing you. I was .sking you. Q Well, if you ask somebody oonstantly day 28 1 aft.r day aft.r w..k, wh.n am I going to get my money, thi., 2 that, and you know my financial .ituation, you know that I 3 had to file bankruptcy becau.e of our marriage problem., and 4 beoau.e of our marriage problem. w. lo.t two bu.in...... 5 I.n't it true that you oon.tantly a.k.d me for the mon.y? 6 Wouldn't you call that hera..ment? 7 A The la.t time I told you take the mon.y end 8 l.av. m. alan.. That'. what I told you. 9 Q Th. la.t time you a.k.d me for that mon.y 10 wa.n't it 1a.t Monday night when I met you at the 11 baby-.itt.r'. hou.e out.id. wh.n you dropped off our child? 12 A No. I didn't a.k you. I ju.t told you that 13 you are lying all th. time. 14 Q You a.ked me when are you going to get your 15 aoney back, Jaoki.. 16 A No. 17 Q G.tting further on, b.cau.. w. have been 11 ~oing ohronologioally, you ar. acou.ing m. that I -- you 19 told the oourt that you decided to l.ave th. hou.. b.oau.. 20 of abu.. in the beginning of Septemb.r, i. that corr.ot? 21 A Y.ah. 22 Q That'. oorrect. You purcha..d the hou.. on 23 Augu.t 31.t of '95, and .ti11 you continued to 1iv. with me? 24 A One we.k. 25 Q Two week.. You moved out on the lOth or the ~ -- 29 ~ ~ ~ 1 11th? 2 A one week, Tony. 3 Q rine. Did you move out becau.e I wa. abu.ing 4 you a. you .aid? 5 AYe.. 6 Q If I wa. abu.ing you, why did you not move 7 out earlier? 8 A Becau.e I love my son. 9 Q Wa. your father last with u. from la.t year 10 of '94 of November until this year of Nay living with u., 11 for eix month., wa. your father not living with u. the.e 12 pa.t .ix month.? 13 AYe.. 14 Q We were already .eparated and divorced, i.n't 15 that correct? 16 AYe.. 17 Q Thank you. You are aocu.ing me that on 18 September 23rd, whioh i. Saturday, I followed you to your 19 friend'. hou.e in Harri.burg, i. that correct? 20 AYe.. 21 Q What time w.. that, Jackie? 22 A It wa. 9130. 23 Q:It wa. 9130. I have a time card at my place 24 of employment that .ay. that I did not leave that plaoe on 25 Saturday night until 11100. Are you .ure you have the date. 30 ~ --- 1 oorreot? 2 A It wa. a Thursday. 3 Q It was a Thursday? 4 A It was a Thursday, 9130 at night. 5 Q So it wa. the 22nd then? 6 A I dropped my kid at the baby-sitter Mt 7 Q What time did you drop the kid to the 8 baby-sitter, Jaokie? 9 A 9115 -- 9120 I dropped him off. 10 Q You said earlier to the oourt that you have 11 visitation rights from 4100 to 10100? 12 A Right. 13 Q On Nondays, Tuesdays and Thursday., is that 14 oorreot? 15 A Right. 16 Q I would like to refresh your memory and 17 inform you that you have visitation rights Monday., from 18 4100 to 10100, Tuesdays and Thur.days from 6100 to 10100, if 19 you look at your papers. 20 Q Why were you dropping your ohild off at 9100, 21 9115, instead of ke.ping him until 10100 that you were 22 entitled to? 23 A It was only one time, and I had to go - - I 24 had something to do. 25 Q Are you sure it was only one time or was it a 31 ~ " 1 period of two wseks that thi. wa. happening? 2 A No. It was one time. 3 Q Can you tell the Court why you were leavin~ 4 your ohild earlier? 5 NS. CARBY I That wa. asked and answered, Your 6 Honor. 7 MR. ItOUJtOUNASI It was not answered. 8 THJ: COURT I Go ahead. 9 BY MR. ItOUJtOUNAS I 10 Q Can you tell the court what you had to do? 11 A I had to go to the party, a birthday party. 12 Q Oh, you had to go to a birthday party. On 13 September 24th you found your oar tire. slashed a. you .aid, 14 i. that oorreot? 15 AYe.. 16 Q larly in the morning, 7 100, you oalled my 17 house, i. that correct? 18 A Right. 19 Q And aocused me of .lashing your tires? 20 A It wa. 6120, ye.. 21 Q What did I tell you? 22 A You told me that you didn't do anything, and 23 you hang up. And then you called me back right there, and 24 you told ma that now your life is going to be miserable. 25 You had the fun last night. I saw you walking and holding 32 --- -- 1 hand.. Now you ar. going to pay for it. 2 Q Don' t you think that your phone call up..t me 3 by aoou.ing m. of .la.hing your tire.? 4 A No. 5 Q On that ._e night you claim that I c_e 6 tog.th.r with our .on and m.t you in Harri.burg, i. that 7 oorr.ot? 8 A Y... 9 Q How did I know where you wer.? 10 A B.cau.e you wa. following me tha day before 11 and the day b.fore that. 12 Q When I m.t you and I a.k.d to talk to you, 13 what did you .ay? 14 A That I don't want to talk to you b.cau.e I _ 15 afraid of you. 16 Q Ar. you claiming that I threat.n.d you and I 17 hara...d you and I thr.aten.d and hara...d your fri.nd that 18 wa. with you? 19 A Stalking me, y.., and hara..ing u., ye.. W. 20 couldn't get out of the oar even if I wanted to. 21 Q Did I thr.at.n you or your friend? 22 A Y.., you did. 23 Q If I threaten.d you and your friend, Jacki., 24 why did you come to my hou.. around midnight the ._. night 25 by your.elf, late at night? I wa., of oour.., not sleeping. 33 ~ ~ 1 Why did you oome to the hou.e if you were .0 afraid and I 2 thr.at.ned you and you felt threat.n.d by me, and you claim 3 that I have b.en abu.ing you all the.. year.? 4 A S.cau.e I am .0 tired of you that I told you 5 then, that if you want to kill me, kill me now, and get it 6 over with, b.cauBe I wa. .0 tired of you, Tony. 7 Q At that time you were not afraid? 8 A I didn't care about my life no more. 9 Q Two day. later you called my hou.., i. that 10 correot, in the ev.ning? 11 A You wa. calling m. at my hou.e. 12 Q No. You oalled m.. I a.ked you for your 13 phone number, and you gave me your phon. number Willingly 14 over th. phone, i. that oorrect? 15 A Correct. You a.ked m. if you are not going 16 to give m. your phone number, you ar. going to find it out 17 anyway. 18 Q You call.d m. on that evening becau.e you 19 wanted .om.thing that u..d to b. our., i. that oorract? 20 A It wa.n't our.. It wa. min.. And I wanted 21 that .tuff baok. 22 Q What i. it that you want.d. Jackie? 23 A Ny gla.... and my china from Rua.ia. And I 24 .till had your .uitca... that I had to give it back to you. 25 Q Whet el.. did you want? What exactly did you 34 ~ ~ 1 want me to give you bauk? 2 A Ny gla.... and my china. 3 Q Your china. I. it true that you .tole that 4 china togeth.r with your mother from .tore.? 5 6 7 8 9 10 11 .hoplifting in the mall.? 12 A No. It i. not true. 13 Q I.n't it true that mo.t of the thing. we have 14 together at home, per.onal hou.ehold item., olothing, a lot 15 of baby olothe., were .hoplifted by you and your mother? 16 A No, it wa.n' t. 17 Q Thank you. On ootober 6th of this month you 18 were granted a temporary protection order, i. that oorrect? 19 A Right. 20 Q I wa. only ..rved that order two day. ago on 21 the 11th. 22 A So wa. I. 23 Q DUring this time did we have any contact? 24 A You have be.n oalling me at night, late 25 night, early in the morning. A No. Q That'. not true? A No. Q I.n't it true that you -- A That china is from Ru..ia, Tony. Q I.n't it true that you and your mother were 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ Q This pa.t Sunday did you ..e me? A Sunday, no. Q I.n't it true that I cam. with our .on for lunch? AYe.. Q At the Itey.tone Diner A Ye.. You oam. to the Itey.tone Diner. Q I. it true that you work there on w.ekend. a. a waitre..? A Q is my oousin? A Q Ye.. And you know that. I. it also true that the owner of the place I don't know about the relation.hip. Did I .it in your table wh.n I came a. a customer? A No. Q Did I hara.. you? A No. Q Did you come over to ~y table even though it was not your .ection? A Ye. . My .on wa. there. Q Your .on wa. there. So wa. I. You had no vi.itation right. that day. A Why did you come? Q I oame to have lunch. I came to see my 36 ~ ~ 1 oousins. 2 A Did you talk to your cousin? 3 Q I talked to his wife. He wa. busy inside. 4 MR. ItOUltOUNASI Your Honor, at this time I 5 have no further questions for the plaintiff. 6 THB COURT 1 Very well. Any redireot? 7 RIDIRJ:CT BXAMINATION 8 BY MS. CARBY I 9 Q There was some oonfusion po.sibly about 10 September 23rd or 22nd, 1995. In your petition you said on 11 or about the 23rd. If it was the 22nd, that oould be 12 possible? 13 A He followed me when I saw him. It was a 14 Thursday 9130 on -- I thought it was the 23rd. 15 Q But it wa. Thursday? 16 A It was Thursday. And then I'riday he followad 17 me beoause he saw me coming baok to my friend's house. And 18 he told me that you were laughing and you were holding 19 hand.. So he followed me. 20 Q During the course of your relation.hip in 21 1993 and '94 were there several inoidents where there was 22 abuse and the polioe were involvad? 23 A Oh, ye.. 24 Q And what happened during these incidents, in 25 general kinds of things? 37 ~ ~ 1 MR. KOUJtOUNASI Objection, Your Honor. The.e 2 questions were a.ked already to the plaintiff. 3 THI COURTI W. are .tarting to go over this 4 stuff again, but I will permit this particular que.tion. 5 THJ: WITNESSI Most of the time it wa. about 6 that I wouldn't have .ex with him, and he would get real mad 7 about it. And he would pu.h me around and wa. going to get 8 real ugly, and then the police would ocma. 9 MR. 1t0UJtOUNAS I How many time. did the police 10 come to our hou.e, Jackie? 11 THJ: COURTI Wait, wait. You have got to wait 12 until she is done. 13 MR. KOUltOUNAS I okay. 14 BY MS. CARBY I 15 Q Did you have legal representation for your 16 divoroe? 17 A No. He told me to drop it all, drop it. 11 Q He told you to drop it? 19 AYe.. 20 Q And why did you do that? 21 A Becau.e I always wa. doing whatever he wa. 22 telling me to, otherwi.e my life would be mi.erable, like it 23 h right now. 24 Q I. that why you also gave him custody, 25 primary cu.tody? 38 ~ ~ 1 A He told me that -- he threatened me that I 2 will be dead or he will send me back to Ru..ia and I will 3 never be .eeing my son again, or more likely I will be dead. 4 MS. CARBY I I have nothing ehe. 5 THI COURTI Now, you have another question? 6 MR. 1t0UJtOUNASI Ye., Your Honor. The 7 que.tion was just rai.ed if Jackie had repre.entation, legal 8 representation, at the time of our divoroe. I would like to 9 state that she did have legal repre.entation, by Mr.. Joan 10 Carey at the time. She wa. the one that a.ked me to file 11 for divorce, beoau.e .he did not want to go through the 13 expen.e of filing for the divoroe. And she wa. the one that 13 did not want to oontinue fighting this matter and wanted it 14 re.olved and had her attorney drop it. I have paper. to 15 prove that she signed in the pre.enoe of my attorney at that 16 time. 17 THI COURT I We will let you offer those when 18 you testify. I think you were going to ask another 19 que.tion, end that i. how many times did the police 20 RBCROSS BXANINATION 21 BY MR. ItOUJtOUNAS 1 22 Q Ye.. How many time. did the police come to 23 our hou.e, Jackie, over the period that we lived together, 24 whioh wa. almost five year.? 25 A Probably four tim... 39 ~ ~ 1 Q Pour tim... I have only proof of two. 2 A The othar two becau.. you know all tho.e 3 policam.n. 4 Q Can you prove to th. court that th. polioe 5 oama to our hou.e four tim..? 6 A Aotually the la.t time wh.n I went there I 7 talked to the offio.r, hi. name wa. Hoffman, and he oan 8 prove it. 9 Q He oan prove what? 10 A That h. aotually nam.d me by th. name, Tony. 11 That'. how well they know u.. 12 Q How many tim.. did the polio. oom. to our 13 hou.e? 14 A Lik. threa or four time.. 15 Q Can you prove that they oam. four time., 16 b.cau.. I only have proof that th.y cam. twio.? 17 MS. CARJ:YI Your Honor, that wa. a.k.d and 18 an.w.r.d. 19 THB COURT I W. are .tarting to b.at this to 20 d.ath. Who called when the police cam., whioh one of you? 21 THJ: WITNJ:SS I Tony. 22 THB COURT I All right. I think we ar. okay 23 on the .xamination of this witn.... Why don't I hear your 24 .id. of th. .tory. Do you hav. any other wi tn..... to 25 off.r? 40 t""\ ~ 1 MS. CARJ:YI I'or the reoord I didn't repre.ent 2 her in the divoroe. Our offio. doe.n't do divoroe 0..... 3 MR. ItOUltOUNASI W.ll, she was represented by 4 Leg.l Servioes in the beginning. And sh. was told to g.t an 5 attorney beoause they could not handle her divoroe. And at 6 that time b.oause .he did not want to go through the leg.l 7 expense, sh. gave up her right to legal repr..entation. 8 '1'8J: WITNJ:SSI Tony, you told me if I get a 9 lawyer-- 10 THJ: COURT I Thb oas. b not going to turn on 11 the oiroumstanoes of your divorce. The question today i. 12 whethsr there has been thre.tening b.havior and wheth.r it 13 is sino.r. .nd .hould re.ult in the entry of an order. You 14 oan step down ma'am. I! Do you want to oome on up. You can bring 16 with you any paper. that you think you might need. 17 MR. ItOUJtOUNASI No, .ir, that'. all right. 18 Wb.reupon, 19 TONY ItOUJtOUNAS 20 having been duly sworn, testified as follow. I 21 DIR.CT BXAMINATION 22 23 BY THI COURTI 24 Q Wby don't you begin by stating your nam. for 25 the record and spelling your la.t name? u ~ ~ 1 A Ny nam. i. Tony Itoukouna., It-o-u-k-o-u-n-a-.. 2 My addre.. 5312 Oxford Circl., 85, M.ohanic.burg. 3 Q And you own or manage a re.taurant? 4 A I u..d to, Your Honor. 5 Q What wa. the name of that? 6 A Wind.or ramily Re.taurant in M.chanio.burg. 7 Q And you are no long.r running that bu. in...? 8 A No, .ir. It i. out of bu.in.... 9 Q What, it ju.t olo.ed down oompl.t.ly? 10 A Right now it i. clo.ed down compl.t.ly. I 11 took my 10.... baok in November of '94 and got out. I lo.t 12 $130,000.00. 13 Q Okay. Why don't you tell me what your .ida 14 i. of thi.? 15 A Well, Your Honor, the plaintiff, a. .h. ha. 16 admitted, did marry m. to get p.rmanent r..id.noy in this 17 country. OV.r th. p.riod of year. that w. were married I 18 thought that .h. might change and hav. .ome faeling. for m.. 19 And I alway. wantad to have a ohild. So .he agr..d to have 20 a ohild with me a few month. later aft.r we got married. At 21 that time w. were living in N.w York. 22 Augu.t 1.t of 1991 we mov.d to p.nn.ylvania. 23 That wa. a time, a w.ek later, a w..k or two lat.r, that .he 24 reali.ed .he wa. pregnant. She did not want to k.ep the 25 baby. When I a.ked her why .he told me .he never wanted to 42 ~ ~ 1 get pregnant. And she thought she oouldn't because of a 2 ohildhood siokness, they told her that she probably will 3 never have a child. She wanted to have an abortion. At 4 that time I threatened her, my last resort, if she had an 5 abortion, I will sue for divorce. And she knew very well 6 that if she was divorced at that time the possibility 7 existed that they would send her beck to Ru.sia. So she 8 deoided to keep the baby. 9 We were not a heppily married couple. We 10 always had probl..s, more than any other normal couple. We 11 had her parent. living with us for long periods of time. 12 They oame to help us. They wanted this marriage to work. 13 They really tried. 14 Her mother was last here until we bapti.ed 15 our baby, which wa. in February of ' 93. We had many 16 arguments about the situation with her mother. I did not 17 want her mother here. I did not want my mother-in-law to 18 raise my son. I wanted him to know his own mother. 19 I also did not want my mother-in-law here for 20 another rea.on, because together with my wife they were 21 shoplifting. We had many arguments about that. I had told 22 her that a lot of people knew me, and my pioture wa. in the 23 paper. I was an owner of . restaurant thet . lot of people 24 came to eat. A lot of people knew ue. And I did not want 25 to see my name in the newspaper saying that my wife was 43 ~ " 1 caught shoplifting. So after her mother left I refused to 2 have her come back with us. 3 Her father, he lived with u. for long periods 4 of time. He is a nice man. And he tried to help our 5 marriage in any way that he could. He was last with us 6 until May of this year when he left to return back to 7 Moscow. 8 The incident of '93, it wa. in the afternoon. 9 That was the first time the police came to our house. It 10 was an afternoon. I came home from work. I was upset. I 11 don't ramember why, but we had some problem. at the 12 restaurant where my wife used to work al.o. She was home 13 earlier. I came home. I was tired and up.et, and I went to 14 bed. She oame into the bedroom. We had a oonver.ation. 15 She wanted to go someplace. But I wasn't feeling good, and 16 I told her no, I wasn't going anywhere. 17 So she left the bedroom. And at that time 18 for the first time during our marriage .he used very profane 19 language, whioh upset me. And I got up. I went to the 20 living room where she was sitting. I grabbed her by the 21 shoulder. Up until this time she has always been saying 22 that I grabbed her by the hair. And all this time I have 23 been fighting it. I have baen ssying I grabbed her by the 24 shoulder to turn her around. 25 At that time her father, who did not 44 ~ --- 1 understand what was going on, and did not speak Bnglish, 2 intervened. And I was upset. He wa. upset because he saw 3 me going for his daughter. And when I grabbed her, I told 4 her, I told her, I said you will never talk to me like that 5 again. And at that time her father grabbed me. I grabbed 6 him baok. We started pushing, shoving. And we were getting 7 ready for a fistfight. 8 The plaintiff, my wife, at that time got up. 9 She started hitting me, beating me. And I felt, being in 10 the middle between her and her father, the best choioe I had 11 was to oall the polioe. I did call the police and they did 12 come. And at that time her father left the house, because 13 he was afraid that maybe the polioe will arrest him. 14 MS. CARBY I Objeotion. He doesn't know 15 THI COURTI We underetand that he is just 16 speoulating about that. Go ahead. 17 MR. ItOUltOUNASI He left the house. The 18 police oeme. And a. the report indioates, both offioers 19 talked to us individually. And at that time my wife was 20 advised on how to obtain a prA. And also the report showS 21 that there was no phyeioal 22 MS. CARBY 1 Objection, Your Honor. There is 23 no report in evidence. 24 MR. KOUltOUNASI Yes, there is. I provided 25 THB COURT I He handed it up to me. And he 45 ~ ~ 1 read from it you will recall a while ago. 2 MR. 1t0UJtOUNASI Ye., there is. The police 3 report indicates that there was no evidence of abu.e, 4 phy.ical abu.e. And that Jaokie was givqn information how 5 to obtain a prA at that time. 6 NS. CARBY I Objection 7 THB COURTI Well, is this in dispute? Do you 8 agree that your client was told that she could get a prA? 9 MS. CARBY I No. But that there wa. no abuse. 10 I di.agree. It is hear.ay. There is no officer here to -- 11 MR. 1t0UJtOUNAS I The polioe were -- 12 THI COURT I We will take it over objection. 13 Ny reoolleotion of the testimony from the plaintiff was, 14 until her reoollection was refreshed, she didn't even recall 15 the inoident. Go ahead. 16 MR. 1t0UltOUNASI After that incident, there 17 was nWllerou. more. The most important wa. when .he went to 18 Rus.ia that year. She wanted to take our son along. I 19 wanted to show to her that I trusted her, that I loved her. 20 And I allowed her to take our son to Russia even though I 21 was afraid of the possibility that she will never come back 22 with him. She came back. Things were baok to normal. We 23 were pretending to be a happy couple, which we never were. 24 Until a few month. later I intercepted a 25 letter from her ex-fianoe, boyfriend, whatever, in Ru.sia. 46 ~ ,... 1 At that time I b.came .uspiciou., and I .tart.d .earohing 2 th. hou... That was the time that I found th. pictur.. that 3 I provided the court with, showing my wife in very intimate 4 po.ition. with h.r .x-fiano., boyfriend, what.v.r. At that 5 time I wa. up..t, angry. When I confronted her, sh. told me 6 nothing happ.n.d. And I wanted to believe it beoau.. I 7 lov.d her. And mo.t of all becau.. .he wa. the mother of 8 our ohild. But thing. ..calat.d. 9 In the b.ginnir.g of April of 1994 I rec.iv.d 10 a l.tter .igned by a Nr. John Bowman from Harri.burg that 11 u.ed to be a custom.r in our re.taurant. That l.tt.r wa. 12 addr....d to Wind.or ramily R..taurant to my attention. 13 MS. CARBY I Your Honor, I would obj.ot. 14 THJ: COURTI I don' t want you quoting anything 15 in th. lett.r if Mr. Bowman i. not going to be h.re and 16 t.stify. 17 MR. ItOUJtOUNASI Okay. Anyway it was a lett.r 18 that really up.et me. And wh.n I oonfront.d my wife with 19 it, thing. just .tarted e.oalating between u., and we 20 .tarted fighting and arguing. And a few day. lat.r, I don't 21 rememb.r the exact oause, .he .tarted making plan. to move 22 out of the hou.e. I wa. oontacted that afternoon of th. 23 inoid.nt that'e in the report by a ca.hier that u..d to work 24 for u.. Her name i. Mary Beth. She wanted to know if I 25 would allow her to rent to my wife a ba.em.nt apartment that 47 ~ ~ 1 my wife was interastad in. :I MS. CARBY I Objection, Your Honor. This is 3 hearsay. 4 THJ: COURT I No, I don' t think it is. They 5 had a conversation about an apartmant, but that's not 6 hearsay. Now, if it is baing offered to prove the truth 7 that his wife wanted to live in that spartmant, that's 8 different. But that'. not what wa are receiving it for. Go 9 ahead. 10 MR. ItOUltOUNASI So I told the lady, I .aid, 11 if my wife wants the apartmant, it is fine with me. You 12 know, if it i. not going to be my wife, it is going to ba 13 some other tenant. And you have the right to take her place 14 and rent it. I don't want to stop you. I was really upset. 15 And I left work early that evening. 16 THB COURTI Incidentally, what tima fr_e are 17 wa at now? Is it '93? 18 MR. ItOUJtOUNAS I This is ' 94, Your Honor. 19 THB COURT I What month? 20 MR. ItOUJtOUNAS I This is May of ' 94. 21 THB COURTI Okay. 2:1 MR. KOUJtOUNAS I I _ .orry. April of ' 94. 23 This is April of '94. I left work a little earliar that 24 night. I didn't stay to olose the restaurant. Before I 25 left work, because I knew that there would be problems at my 48 ~ ~ 1 house, I left my gun in the safe at the restaurant in front 2 of my partner'. eye.. And he looked it. And I told bim I 3 don't want to take it with me b.oau.e I feel we are going to 4 bave problems at home tonight. 5 I went home and my wife was packing her 6 things and ber fatber's things. And I asked her what's 7 going on, and what'. the story with ber getting an 8 apartment. She told me that she wa. moving out. I said, 9 well, that's fine, if you want to move out, you oan take 10 your father and leave, but our son will not leave this 11 house. 12 And at that time her father o..e and sat n.xt 13 to me. I allowed her to paok her thing.. Her father c..e 14 and sat next to me and said to me, me, Jackie, Yanni., 15 bye-byes. I got really up.et. And I told bim, I said, you, 16 Jaokie, by.-byes, okay, Yannis, no. Yanni. stay her.. And 17 he said no, Yannis bye-bye. That's when I got mad, and I 18 told him, I said, you take my .on out of tbis bouse, I will 19 kill your daughter first and then I will kill you, beoau.e I 20 wa. afraid of losing my son. And I didn't want him to end 21 up in Rus.ia. 22 So at that time I got up and I made tbe pbone 23 oall to th. police. And the polioe 0.... And the time tbat 24 the police were arriving Jackie and her father were leaving 25 the house. And at that night she took her father at tbe 49 ~ --- 1 bou.e that .be bad already rlntld. And .be return.d, .he a return.d to the hou.e. Th. polio. came. They did take the 3 rlport. I oomplainld to them that I did not want Oktai 4 thlre anymore, hlr fath.r, and they l.ft. 5 And the following day I went to .e. for thl 6 fir.t time an attorn.y and fil.d paper. for divoroe. And at 7 thl .ame time blcau.. I wa. afraid of my son bling abduoted, 8 I fil.d for a t~orary proteotion order granting me ou.tody 9 of our .on. And a. the day. progr....d, a few day. lat.r, 10 b.r fath.r oam. one day in the aft.rnoon at the re.taurant. 11 H. walk.d ..Vln, eigbt mil.. from wherl he wa. living, where 12 biB daughter took him to live, and he apologi.ld. I 13 apologi.ed for what bapplnld and took bim home. And ba told 14 me, be .ay., ju.t try to rl.olvl this probl... HI .ay. in 15 on. w.ek I am laaving. And h. did leave. And before h. 16 left b. told me, b. .ay., I don't know what's going to 17 happln with you and Jacki.. But if you guy. divorce, make 18 .ure you take ou.tody of Yanni.. 19 MS. CARIYI Objlotion. It i. hear.ay. 20 THI COURTI Pardon? 21 MS. CAREY I Objlotion if that'. offer.d for 22 th. truth of that .tatlmlnt. 23 THE COURT I I: don' t think th.re i. any truth 24 in the .tatement to be offer.d. 25 MR. ItOUltOUNAS I And 50 ~ ~ 1 THJ: COURT I He is .aying that wa. this man'. 2 .tate of mind. Now, whether the conver.ation ocourred or 3 not, that'. another matter. Go ahead. 4 MR. ItOUJtOUNAS I A. the day. progr....d we 5 finali.ed our .eparation. And a. I .tated earlier, my wife 6 did not want to .pand any money. It had been about a year 7 .inoe .he got h.r job at PNC Bank at the time that .he wa. 8 .tarting to keep money .eparate. Iven though we were .till 9 married, .he wa. keeping her own account. 10 And at that time, until Novemb.r of ' 94, .h. 11 wa. providing a hundred dollar. a week toward. the hou.. 12 expen.e., baby-.itter whatever. After November of '94, when 13 we left Wind.or I'amily Re.taurant. that wa. all the money 14 .he ever gave toward. the hou.e. 15 She loaned me at that time earli.r $6,000.00 16 while we were .eparatad. That will h.lp me in opening up a 17 new bu.ine.. that we had puroha.ed a building up in Sunbury. 18 And a. time went by I wa. able to give her .ome of h.r money 19 back that I had took a. a loan. And .ome of the money that 20 I wa. not able to pay her baok, nhe told me in.t.ad of her 21 giving any money toward. th. hou.e, to deduct every month 32 $400.00 for her .hare of the expen.e. for the hou.e, at 23 which I wa. doing. 24 And many time. I a.ked her to leave while we 25 were .eparated, to leave the hou.e. to get her own 51 ~ ~ 1 apartm.nt. Sh. didn't want to. I a.ked h.r if she want.d 2 m. to move out of the apartm.nt. She told me no, .he oould 3 not afford that place. And .he wanted to find .omething 4 smaller. She wa. looking but nev.r really finding anything. 5 And th.n .he .tarted looking to buy a house. All this time 6 b.ing able to .ave her mon.y and not spend any tow.rds the 7 hou.ehold. She wa. able to .av. a .ub.tantial ..aunt of 8 mcn.y. And in August of '95, August 30th of '95, .h. 9 purcha..d a ham.. 10 I .kipped .ome tim.. Wh.n .he r.turn.d from 11 Ru..ia .h. did get pregnant. W. were .till .leeping 12 togeth.r .ven though w. wer. s.parat.d. And sh. went 13 without my oon.ent to have an abortion. I wa. mad, I didn't 14 want h.r to have the abortion ev.n though we w.r. .eparated. 15 So the day sh. w.nt to the clinio, the .... day that she 16 went to the clinic I c..e to this oourthou.. and I finali..d 17 our divoroe. When I returned hom., it was the .... time sh. 18 got home, and I gave her h.r oopy of the d.oree. I had two 19 oopies mad.. We continu.d to live on until .h. bought th. 20 hou... 21 She bought the hou.., a. I .tated earlier, on 22 August 31.t of '95. And .he .till did not want to move out. 23 Sh. wanted to wait until her mother com.s next week, october 24 16th. But it bothered me that .he wa. coming home lat. at 25 night, 1100, 2100 in the morning, driving around, going down 52 ~ ~ 1 to Washin~ton and Baltimore. And I told her, I said look, 2 we are divorc.d. I don't want you living here anymore. I 3 don't want to know where you go. I don't want to know what 4 you do. I don't want to have to worry if you ara coming 5 home. I don't want to have to worry about you. Nove out. 6 So on the lOth and the 11th of September I 7 helped her move out. I borrowed my friend's truck, because 8 she is not much about teking care of house. I packed up her 9 things. And she had a lot of clothing and a lot of peraonal 10 belongings. I packed everything up. And we took a couple 11 of trips with her oar that I gave to her just before I filed 12 bankruptcy. It waa in my name. And I gave it to her. 13 So a oouple of truck loads I moved her to the 14 house. I even helped her set up her bed at her new home 15 and set up her T.V. and then I left. And a few days later, 16 when she had visitation rights, she called me and she told 17 me that she waa going to drop Yannis off early, 9100. She 18 had somewhere to go. That was fine. 19 Then the next time ahe had Yannis again ahe 20 dropped him off egain at 9100. And it started bothering me 21 that she hadn't seen her son. And so one night the 22 following week when ahe was continuing to drop Yannis off 23 early at 9100, I decided to follow her. And I did follow 24 her to Harrisburg. 25 And I wa. wondering why. She just bought a 53 ~ --- 1 new hou.e. She had a place to sleep. She had heat, 2 whatever. She said that she didn't have any water. She 3 didn't have any el.ctrioity beoaus. .he was always very 4 irresponsible and nev.r contaoted those agenoies to oontinue 5 the utilities. So sh. w.nt and .he was living with a guy 6 that she just met, her boyfriend, or h.r friend as .he 7 .arlier .aid. 8 And the following night I pa...d by and ju.t 9 happ.ned to see her go out with a young man. And it 10 bothered me b.oaus. my .on at night. wa. orying. And hi. 11 mother was dropping him off .arly to go to a party. So that 12 night when I .aw her going out, y.s, I did .lash h.r tire.. 13 And the morning she oall.d m., ye., I did make threat.. I 14 wa. in pain. But sh. kn.w me five year.. I always 15 threatened her a lot of times. But .he kn.w I was all talk. 16 And .he knew how much I loved her. And that's pretty muoh 17 it. Your Honor. 18 CROSS-BXAMINATION 19 BY MS. CARBY I 20 Q Nr. Itoukouna., isn't it true that your 21 ex-wife asked to keep Yanni. other time. be. ides the time. 22 in the custody order and you wouldn't allow that? 23 A No, I wouldn't. 24 Q You wouldn' t allow it? 25 A No, I would not. 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ Q She did ask? A She did ask, yes. But knowing her oharaoter I wouldn't. Q In 1993 she did ask you for a divoroe, isn't that correot? A In '93? Q Yes. A Yes. She did ask me for a divoroe. Q And you refused, is that correct? A That's correct. Q In '94 also she .skad you, and you refused, oorreot? A Incorrect. I told her I wanted a divorce. And sbe told me go ahead and file for it. Q Before '93 she had asked you for a divoro. allo, correct? A That'S oorrect. Q And you had refused? A Yes. And in '94, if you want to know for the record, the reason I agreed was because she threateued me that if I did not give her a divoroe, she will beoome a whore, even in my eyes, and so that I will have to give her a divorce. NS. CARJ:YI I have no other questions. BY THB COURT, 55 ~ ~ 1 Q When Jackie ha. cu.tody of Yannis, how doe. 2 the oustody change? I mean, does .he piok up the boy? 3 A I drop off our .on at the baby-.itter, and 4 ehe pick. him up after she finishes work. Right now .he 5 finiehes work on or about 4115, 4120. And she goes and 6 piok. up Yannis at around 4120, 4130, even though on 7 Tuesdays and Thureday. she i. allowed to pick him up only 8 after 6100. 9 Q And as lat~ then at 9130, 10100 at night or 10 whenever, where does .he take the ohild then? 11 A Until 10100. Yesterday evening .he pioked 12 him up on or about 6100. And aocording to my .on'. 13 reoollection, they vi.ited a friend of her. here in Carli.le 14 that also ha. a little daughter. Other times .he take. my 15 .on to Burger Iting or to NoDonald'. or to the mall.. 16 Q Wbat I meant wa. when .he i. done, ehe brings 17 him home to Oxford Cirole? 18 A No. She bring. him back to the baby-sittsr. 19 Q And then you piok up the child from the 20 baby-.itter? 21 A Ye., sir. Last week I got home from work 22 early. I got off work early. It was 9130. And I .topped 23 by her house. And I rang the bell. And she a.ked .e what I 24 wa. doing. And I told her I got off work early. And I 25 didn't want to wait around until 10.00 if it wa. all right 56 ~ -- 1 to have Yannis. And she told me, she say. you know that I 2 have a rs.triotion order against you. I said I have no suoh 3 knowladge. I have not been served with anything. And I em 4 not hare to abuse you whatsoever. I just oeme to a.k if it 5 i. all right to pi ok up my son. 6 Q And where was this conversation ocourring? 7 A Right outside of 4518 Linden Avenue. And .he 8 didn't object to it. She said, wall, you know I have 9 visitation rights until 10100. I said, yeah, but you a1.0 10 have visitation rights to piok him up from 4100 in the 11 afternoon. But you did piok him up at 5100, 5130, beoau.a 12 you wanted to stay and work overtime. So she didn't eay 13 nothing. I kissad Yannis, got his olothing, and we left. 14 MS. CUJ:YI Your Honor, if I might a.k one 15 question related to that? 16 THJ: COURTI Sure. 17 BY NS. CARJ:YI 18 19 20 21 22 23 24 25 Q At that time when you were at her home, she didn't open the door, correct? A Yes. She did open the door. Q A little crack? A No. Q She didn't let you in? A No. I didn't want to go in. I didn' t try to go in. 57 ~",.",' . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ Q So sh. did not l.t you in? A I did not want to go in. I .tay.d out.id.. And .h. wa. at the door. And the door wa. not open ju.t a cr.ck. She had th. wid. door open. MS. CARJ:YI Thank you. MR. ItOUJtOUNAS I You .re w.lcollle. TUB COURT I Thank you, .ir. You oan st.p down. MR. ItOUltOUNASI Your Honor, at this time I would like to oall in my d.fen.e Mr. Itat.ifi. to answer .011I. qu..tion. I have for him. Wher.upon, VASILAOS STAVORS ItATSIrIS having been duly .worn, t..tifi.d.. follows. DIRBCT J:XANINATION BY MR. 1t0UltOUNAS I Q Billy, how ar. you r.lated to m. and -- oould you pl.a.. .tate your name for th. record? A Ny legal name Va.ilao. Stavor. Itat.ifis. Q Your addr... for th. r.oord, pl....? A 25 Valley Viaw Driv., M.chanic.burg, PA, 17055. Q How are you r.lat.d to lIIe and Jecki.? A We bapti..d Yanni., your .on, lilY wife and I. Q Over the years have we been clo.. friend.? 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IlI\ ~ A Very. Q Only me or Jaokie also? A Both families. Q W. were also partner. at Windsor I'amily Restaurant, is that oorrect? A Ye., we were. Q Jaokie used to work there al.o, is that oorrect? A That's correct. Q We were together until November of '94, i. that correot? A Right. Q You saw both of us almost every day? A Seven days a week. Q Did you ever notioe any phy.ioal abuse on Jackie? A No. Q Did at one time, one afternoon, Jackie oome to the restaurant and you asked her what's wrong, and she o~lained to you that we hed a minor fight with a towel? Do you reoall that incident? A No. I don't ramsmber. Q Do you remember Jackie complaining to you that I hit her? A I can't eey I remsmber. 59 ~ ~ 1 Q Do you recall Jackie telling you that next 2 time she will make me more mad so that I will hit her and 3 leave marks that will be proof for her to take me to the 4 police or to the court? 5 A That I do remember. She wanted to call the 6 polioe or something. And I said the polioe aren't going to 7 do any thin;, you know, if the guy didn't touch you. And .he 8 said something like you mean I would have to get him to hit 9 me. I .aid something like that. She said, well, I will 10 ju.t make him more mad the next time, something like that. 11 I know how to do it. 12 Q On April 24th of '94 there wa. an incident at 13 my house. You were aware of many of our problem.. And at 14 that night do you remember that I left my gun in the .afe at 15 the restaurant? 16 A Yeah. 17 Q Jackie testified earlier that on that night I 18 pointed the gun to her father's head when we had the 19 argument. Wa. that gun in the safe at the restaurant? 20 A Ye., it was. I wanted you to keep it there 21 the whole time. 23 Q Thank you. Did I ever confide to you why I 23 did not want my mother-in-law here? Do you have any 24 recollection of that? 25 A Yeah. A couple different times. 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 III 20 21 22 23 24 25 ~ ~ Q What do you remember? A You told me that she was part of the problem.. That, you know, .he interfered with your marriage. And just some time ago, four or .ix weeks ago, something like that, i. when you fir.t mentioned to me about the .hoplUting. I didn't hear anything before that, about the shoplifting. Then about four or five weeks ago, something like that, you mentioned that they u.ed to shoplift. And I .aid no, and you .aid yes. Q Was that the time that I had told you that Jaokie oalled m~ and she wanted some things from the hou.e? A Yeah. Q What exaotly did I tell you she wanted, do you r_ember? A No, I don't. Q And what did I tell you at that time? A You told me that thing. that were in your apartment were stolen, olothing, olothing for Yannis, sweaters for you, stuff like that. Q When I found the piotures of my wife in intimate poses with her boyfriend in Russia, did I show them to you? A Yeah. Q How did I feel at that time? A Like you are foeling now. 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ -- MR. 1t0UltOUNASI No further questions, Your Honor. CROSS-EXAMINATION BY MS. CARBY I Q Is it Mr. Itatsifis? A Right. Q Mr. Katsifis, you said -- isn't it true that you remember that you said to Ms. Itoukounas that he had -- exouse me. Let me strike that. Let me rephrase that. Do you recall oonfronting your friend about Ns. Itoukouna.' statement that he had hit her? A No. I don't remember. I mean, you know, I didn't know that I was suppo.ed to remember to keep it, you know, so I oould testify or anything like that. I do remember about me tellin~ her that in order for the polioe to do something about the _rk, you know. Q Do you remember her saying that he had hit her with a towel for example? A She could have said it. I mean, I am not .aying she didn't. I am not saying she did. She could have said it. Q And you would have asked him why he hit her? A I would have asked him? Q Yes. Do you remember asking him why he hit her? 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ,.. A No. I don't remember that. Q You .aid that you know how he felt on various oooa.ion.. Would it be fair to .ay that he wa. angry? Not angry a. much a. hurt. Hurt brought out A the anger. Q A Q A Q did he? A Q You wanted him to k.ep the gun at work? Yeah. Would that have been becau.e he wa. angry? Hurt. And he didn't keep it at work all the time, No. A. a ..tter of faot, you are not really .ure exaotly when he kept it? A No. I ju.t know ebout the incident with her father. I know he p~t it in. Q Could that have been another ti.e be. ide September 23rd or 24th? A No. Q The father w.. with the. for a long period of time, correct? A Yeah. Q So could it have baen another day that he had a fight? A I remember when he threatened that he wa. 63 ~ ,... Q gun at work? A Q A Q A Q A Q A Q A Itnowledge or proof? Q Itnowledge. A I mean, everybody goes shopping, you know. MS. CARBY. Thank you. I have nothing else. THB COURT I Thank you, Nr. Kat.Uie . 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ --- having been duly sworn, te.tified a. followsl DIRBCT BXAMINATION BY MR. ItOUltOUNAS I Q rather, oan you state your name, addre.. and position for the record? A rather George Daskalaki., D-a-.-k-a-l-a-k-i-.. I am a priest at the Greek Orthodox Churoh in Camp Hill. And I re.ide in 315 West Naple Avenue, Shireman. town . Q How long have you known .e and my wife, I'ather? A I do believe that I got to know you frOlll the time that you had the restaurant olo.e to our neighborhood. Q We had our son bapti.ed by you in your ohuroh, is that oorreot? A That'. oorreot. Q Did you invite us to your offioe at on. ti.e to talk to us as a couple? A Yes, I did. Q Do you ramember any of your oonver.ation that you had with Jaokie? THI COURTI Wait a minute. With Jaoki.? MR. 1t0UJtOUNASI Yes. THJ: COURT I Between Jackie and her priest? MR. KOUltOUNASI Between Jackie and the 65 ~ -- 1 pri..t. I was there pr..ent. 2 THB COURT I But I w.. not. 3 D. 1t0UltOUNASI W. wer. ju.t having a 4 oonver.ation, the three of u.. 5 THB COURTI Well, there i. a priVilege here. 6 You either waive it or you don't? 7 D. 1t0UltOUNASI I would like to state for the 8 reoord, Your Honor 9 THJ: COURTI Are you waiving the privil.ge? 10 MS. CARJ:YI Me, Your Honor? 11 THJ: COURT lYe. . 12 NS. CARJ:YI No. 13 THJ: COURTI You are not waiving the 14 priVilege, fine. We will not hav. discussed in court 15 aonver.ation. that ooourr.d in private b.tween a party and a 15 _-.ber of tb. oburoh. 17 MR. 1t0UJtOUNASI Bxouse me, Your Honor. 18 THB COURTI As you sald before, you are not a 19 lawyer. You didn't know that. That'. all right. 20 BY MR. 1t0UJtOUNAS I 21 Q rather George, oan you pl.a.., to the b..t "f 22 your r.collection, give a personal oharacteri.tic review of 23 both me and Jaokie? 24 MS. CARBY I Your Honor __ 25 THI COURT I You will have to be a little more 66 ~ -- 1 expHoit. 2 BY MR. ItOUJtOUNAS I 3 Q Your opinion of me and Jackie a. individuals 4 in the community? 5 A The only thing I can say that both of you you 6 do come from oompletely two different etbnio backgrounds and 7 probably religious backgrounds, even though I reali.e that 8 .he did not believe in anything. And things that I want as 9 you a. a couple a. member. of the ohuroh to do that .he did 10 not believe .he did it because probably you asked her. 11 Other than that I don't think loan say anything else whioh 12 will benefit anyone here. 13 MR. ItOUltOUNASI Thank you, I'ather. No other 14 questions. 15 CROSS-J:XANINATION 16 BY MS. CARJ:YI 17 Q I'ather, I just have one question I think. In 11 terms of coming to the church regularly, Mr. Koukouna. oeme 19 to ohurch only on a few occasions, is that correot? 20 A He wa. not a regular attendant, but he wa. 21 there holiday. and probably times that I might not saw him. 22 Q And you were not at their residenoe on a 23 regular basis, i. that correct? 24 A Only at the restaurant I .aw them quite a few 25 times. At the re.taurant I was stopping by, been very close 67 c " 1 , 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ -- to our hom., and I saw both of them there. Q So when you saw them, you .aw th_ when th.y w.re working? A Correot. Q And th.y w.re not r.ally together at that tim., they w.re in s.parate part. of the restaurant? A Y... S.parate plac.s. She wa. mo.tly a cashier I b.li.ve. Or sometimes .he wa. a waitr.... And he oan .tep down. was in the kitohen. NS. CARIYI I have nothing .l.e. THJ: COURT I Okay. Tbank you v.ry much. You (Wh.reupon, the te.timony was concluded.) THJ: COURTI I think I und.rstand wh.re we ar.. I. th.r. anything .lse? MR. KOUJtOUNASI Nothing .1.., Your Honor. At thi. time, if I may, I would like to inform th. court that I do not have a oriminal reoord what.oever. And that although I may be guilty of .om. of the thing. aoous.d by the plaintiff, I n.ver had any intention. of really oarrying out any of my threat.. I have a thr.e and a half y.ar old .on that I fought very hurd to bring to life and also to ke.p cu.tody of. And I _ r.sponsible for that child. Also for .e it has come to the point to r.ali.. that becaum. of my r.sponsibilitie. and who 6S ~ -- 1 I am it is not worth it for me to .pend even one minute in 2 jail by abu.ing or in any other way threatening or even 3 killing the plaintiff because .he i. just not worth it. 4 At this time I would like to request and ask 5 the oourt for the plaintiff not to be granted the proteotion 6 order she has been .eeking. I would like to a.k for relief 7 from the legal fees that were incurred by Jaoklin. And I 8 would like to have whatever integrity I have left re.tored 9 by having the temporary order stricken from reoord and 10 removed. Thank you, Your Honor. 11 MS. CARJ:YI Your Honor, we ere a.king that 12 the protection order ramain in effect. The defendant has 13 admitted that he has followed her. He ha. admitted that he 14 has threatened to kill her. He ha. admitted that he ha. 15 pulled her hair, that he slashed her tire. -- 16 MR. ItOUJtOUNASI I never admitted that I 17 pulled her hair. 18 THB COURT I He .aid ha grabbed her .houlder.. 19 MS. CARBY I Grabbed her shoulders. Her 20 testimony, Your Honor, is that he followed her. He admitted 21 that he had followed her after their .eparation. And there 22 was no rea.on to follow her. His action. placed her in fear 23 of bodily injury, in partioular the threat. and the 24 furtheranoe of those threats by slashing the tire. and by 25 .howing her guns. 69 ~ ,.. 1 MR. ItOUJtOUNASI If .h. wa. in f.ar of h.r 2 lif., Your Honor -- 3 THI COURT I wait. minut.. Wait a minut.. 4 Rememb.r I warn.d you about arguing back and forth again. 5 MS. CARBY I Th.re i. no r.a.on for them to 6 have oontaot. She go.. to the baby-.itt.r to pick up th. 7 child. Sh. i. r.qu..tin; that h. not com. to her re.ideno. 8 .ven to piok up the child, could call th.r. but not oom. to 9 th. r..id.nce. Call if it i. n.o...ary, only if it i. 10 n.o....ry, for th. ohild, for arrangement. with the child. 11 Your Honor, he ha. admitt.d that h. love. 12 h.r. H. ha. .talk.d h.r in .ff.ot. H. didn't want h.r to 13 divoro. him. H. fou;ht th. divorc.. And h. ha. admitt.d 14 that h. wa. on ..v.ral occ..ion. angry with h.r. He ha. a 15 profile of an abu.ive p.r.on. And he admit. that he ha. 16 abu..d h.r. So for th... r.a.on. w. think that th.r. i. a 17 b..i. for the .ntry of a prot.otion order. 18 Th. d.finition of abu.e includ.. knowingly 19 .ngaging in a oour.. of conduot or r.p..t.dly oommitting 20 aot. toward the pl.intiff, including followin; her without 21 prop.r authori.ation, und.r ciroum.tanc.. which have plao.d 22 th. plaintiff in rea.onable f.ar of bodily injury. So w. 23 are a.king that the prot.ction order remain in effeot, Your 24 Honor. And w. ar. a.king .ttorn.y fe.. for Legal S.rvic... 25 MR. ItOUJtOUNASI I di.a;r..., Your Honor -- 70 ~ ~ 1 THB COURTI Well, you di.agre. and .0 do I. 2 Now it is my turn to talk, becau.e in t.rm. of wh.re this 3 ca.. com.s down, Nr. Koukounas, I have listened to both 4 sid.s. And I find that the true picture of what's going on 5 in this cas. i. more acourately paint.d by you than your 6 .x-wif.. I do not agr.e, for exampl., that you stalked h.r 7 in the sense of that word by following her the oth.r day to 8 find out what on .arth .he was doing by terminating ou.tody 9 with your son earli.r than .he .hould. And the fact that 10 you want.d to find out that it was to go with h.r boyfri.nd 11 I gu.s. i. nothing more or less than satisfying natural 12 ouriosity. Nor do ! b.liev. that ther. ha. b.en a hi.tory 13 of abu.ive oonduot so as to label you an abus.r or any 14 per.on with such a profil.. Nor do I think that ther. i. 15 going to b. any oriminal record in this ca... Nor do I 16 think anybody i. going to go to jail in this matt.r, at 17 lea.t I hop. not. 18 But, and th.r. i. a great big but h.re. I do 19 .ense that there is muoh more affection on your sid. for her 20 than .h. for you, that you find this extremely hurtful. So 21 muoh.o that you admit that you slash.d h.r tir.s and mad. 22 thr.at.ning .tatements. So the und.rlying oonduct which 23 caus.s concern not only to her but to the oourt is .omething 24 which you have been hon..t enough and upright .nough to 25 admit that you did. 71 ~ ~ 1 So I will enter an order, but it will not be 2 as re.trictive a. the one proposed. We just need a little 3 oooling off period here, that's all. So I am going to take 4 the time to digest an order that will probably not even 5 include attorney's f.es against you. We won't after all add 6 insult to injury. But I am dreadfully concerned that in a 7 etate of severe hurt and upset you may do something that you 8 naver intended to do. God forbid. Where are the firearms 9 in this case? 10 NS. CARBY I Your Honor, the sheriff has the 11 AIt-47. The handgun, if I under.tand correctly, he .aid he 12 didn't have. So I don't know where the handgun is, Your 13 Honor. 14 THB COURTI Do you have that handgun? 15 MR. 1t0UJtOUNASI Yes, Your Honor. 16 THI COURTI Where is it? 17 MR. ItOUJtOUNASI It is at home. 18 MS. CARBY I I would request that that be 19 turned over to the sheriff. 20 THB COURTI Ju.t for a little while. We need 21 to ke.p it cool here. I trust that in a short period of 22 time, a few weeks, a few months, this will b. quiet enough 23 that it won't be a problem. But in thi. interlude where she 24 is moving out to a new houee, s.eing someone of whom you 25 obviously do not approve, I have great concern, and it is my 72 ~ ~ 1 obligation a. the oourt to .ee that we minimi.e whatever 2 problem there might be. 3 In doing .0, however, we hasten to add, and 4 will probably etate in the reoord that this doe. not in any 5 way reflect on Mr. Koukouna. a. a father. Nor .hould it be 6 oon.idered by any court a. any ba.i. for que.tioning his 7 cu.tody of hi. .on. There is nothing I have heard in the 8 te.timony today that would warrant anybody in making that 9 conolusion. And my order will no doubt state, becau.e we 10 don't want to confu.. this i..ue with that one. 11 All right. We are adjourned for the day. 12 Pending further order the temporary proteotive order will 13 r...in in effect. I would imagine in a business day or two 14 I will have a different type of order whioh will be down. 15 In the meantime you will be guided by the ourrent order. 16 (Whereupon, oourt wa. adjourned at 4100 p.m.) 17 11 19 20 21 22 23 24 25 73 ~ ~ 1 2 3 4 5 CIRTIrICATION 6 I hereby oertify that the proceedin;. are 7 contained fully and accurately in the not.. taken by me on 8 the above oau.. and that this is a correct tran.oript of 9 .ame. 10 11 ~t~ Barbara B. Graham Offioial Stenographer 12 13 14 -------.-------.-.---------.-.---- 15 Th. foregoing record of the proc.eding. on the 16 h.aring of the within matter is hereby approved and direct.d 17 to b. filed. 18 19 20 2l 22 23 24 25 .~~.:.1.!-J' Ni~th Judioial Distriot / '-d. 2 19f' Date 74 [,IF,['j,mi-iCE r::': 'it'" \::'--',::~:'\;D'i/rJY % FFII-2 ilH II: \ill CU~,.,~'J~:"I'j,< ' ) (.cu:.nY r-a~f;,;YI://.l !l\ u . .' .....J .' . JAKLIN 0, KOUKOUNAS, Plaintiff IN THE COllRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,95.5345 CIVIL TERM " vs. TONY I. KOUKOUNAS, Defendant PROTECfION FROM ABUSE ORDER AND NOW, this ". day of May, 1996, it appearing thaI the protective order issued in the captioned malter has expired, the Cumberland County Sheriffs Department Is authorized to return to the defendant any firearms whleh were seized in connection with this case, BY THE COURT, 1111 . Jaklln Koukounas ~ Plaintiff ~ Tony I, Koukounas 6';1'" Defendant . ,~ Sheriff .. un ~~ J:t L~ :rlm b) To Order the re-In-.t.te-ment of the Defend.nt'e Llcen.e to c.rry flre.rm. No, elel, 4PR 26 /998 .tIIJ v, IN IHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 85-5345 CIVIL TERM JAKLIN 0, KOUKOUNAS, PI.lntlll TONY I. KOUKOUNAS, Deflnd.nl PROTECTION FROM ABUSE PETITION FOR RELEASE OF PERSONAL PROPERTY On October 18, 1985 . Protect Ion from Abu.. Order WII leeued by the Honor.b Ie Judg. HII', .g.1 n.t Ih. Deflndant, Tony I. Koukoun.. for. per lod of elll (8) month., At th.t time the O.flnd.nt WII Order.d to turn In to the Sherllle Department of Cumb.rl.nd County hi. flre.rme .nd hi. llc.n.e to c.rry flr..rm. No. eIBI. Th. O.flnd.nt Tony I. Koukoun.., now th.t the Order h.e .xplr.d, ..k. the Court. .) To Order the r.I.... of the f I r.arm., .nd Re.p.ctfully eubmltted, I~r-h/' Defendant l= ".-."" !Jt' .,!, : ;:;.:;' II]... ~:; ,... <'\1 CO .,! orr "'-;1 ~ , '".: - .~~ :;:i "., ,Jr-.,": "ii,,' I" ..... . ,1 .- (', .:,,) If') ('-j n-- t' " j"> '.f' , , " l i ."",."""",,,,;.~