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COMMONWEALTH v. KULIK (03/18/65)

decided: March 18, 1965.

COMMONWEALTH
v.
KULIK, APPELLANT



Appeal from judgment of Court of Quarter Sessions of the Peace of Bucks County, Nov. T., 1963, No. 44, in case of Commonwealth of Pennsylvania v. J. Tyler Kulik.

COUNSEL

Irving Wilson Coleman, for appellant.

William J. Carlin, District Attorney, for Commonwealth, appellee.

Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (Rhodes, P. J., absent). Opinion by Ervin, P. J.

Author: Ervin

[ 205 Pa. Super. Page 175]

The defendant, J. Tyler Kulik, was convicted by a jury and sentenced by the court below for the crime of abortion upon the body of Barbara Jean Feraldo. The only question presented at the oral argument was whether the trial judge committed error in permitting

[ 205 Pa. Super. Page 176]

    evidence of a similar offense committed by the defendant upon another girl at or about the same time, where such evidence was limited to the question of defendant's credibility.

The victim, Mrs. Feraldo, testified that she and her boyfriend, Allan Joseph, met the defendant for the first time in the parking lot of a restaurant in Allentown, by pre-arrangement, apparently through an intermediary. The defendant proceeded by automobile to a Howard Johnson's Motel on the outskirts of Allentown, and Mrs. Feraldo and Mr. Joseph, acting upon the instructions of the intermediary, followed the defendant to the motel. The defendant got into their car and asked for and was paid the sum of $300.00 in cash. The defendant then instructed Joseph to register at the motel, using a fictitious name of husband and wife, and giving a false license number. Joseph was instructed to take Mrs. Feraldo to the motel room and bring the key back to the defendant. The defendant gave Joseph $10.00 or $15.00 to cover the registration costs.

After these instructions had been carried out, the defendant entered the motel room, using the key, instructed Mrs. Feraldo to disrobe partially, and thereupon proceeded to insert into her person, by means of a plastic tube of some sort, a brown, jelly-like substance. The defendant advised her that she would soon experience pain and start to bleed. He gave her a business card, bearing only the words "Tie, Bethlehem, Pa." and the telephone number University 8-6031, and told Mrs. Feraldo to telephone him at that number if the desired result did not occur within twenty-four hours.

Although Mrs. Feraldo experienced some pain, nothing further resulted from this episode, and she therefore telephoned the defendant at the number shown on the card. A woman answered and said she would get

[ 205 Pa. Super. Page 177]

    in touch with the defendant and have him call back. He did so, and instructed Mrs. Feraldo to go through the same procedure of registering at some motel in the general vicinity and, after having done so, again telephone the number shown on the card from a pay telephone, leaving the message "Bobby arrived at. . . .", giving the name of the motel and the room number. In compliance with these instructions, Mrs. Feraldo and Mr. Joseph registered at the Patio Court Motel near Richlandtown, Bucks County. They then telephoned the number shown on the card and left the designated message, and shortly thereafter the defendant arrived at the Patio Court Motel. On this occasion the defendant inserted a long metal instrument, somewhat thicker than a needle, pointed at the end. Mrs. Feraldo experienced a sharp sudden pain and immediately began to bleed profusely. Defendant told her that it would be necessary for her to go to a hospital, and that it would cost an additional $340.00. Mrs. Feraldo told him she did not know whether she could raise that much money, and ...


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